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Home My WebLink AboutCC - February 16, 2010 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, February 16,2010 Call to Order-7:00 p,m. Pledge of Allegiance Special Presentation - Anoka County Sheriff Resident Forum Agenda Approval 1. Approval of Minutes (1/26/10 Workshop;2/3/1O Regular; 2/3/10 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids/1O-2/201O Street Reconstruction - Engineering 4, Approve ResoIution!1 0-6/20 1 0 Outdoor Recreation Grant Application! Andover Station North Trail Connection - Engineering 5, Approve Resolution! 1 0-6/20 10 Parks & Trails Legacy Grant Program/Andover Station North Trail Connection - Engineering 6. Receive Acknowledgement Letter from BWSR/LRRWMO & CCWD Boundary Changes/09-28 - Engineering 7, Approve Declaration of Encroachment Easement, Conditions and Covenants/09-31/Meadow Creek Estates Rain Garden Project- Engineering 8. Order Improvement/Order & Approve Plans & Specs/09-34/Traffic SignaVHanson Blvd. NW & 133rd Ave. NW - Engineering 9. Annual Review/Temporary GreenhouselLinder's Flower Mart/22 I 8 Bunker Lake Boulevard - Planning 10, Approve Amended and Restated Joint Powers Agreement for a Coalition of Metropolitan Communities- North Metro Mayors Association - Administration 11. Approve Lease Agreement with Clear Wireless LLC/City Hall Water Tower (Tower 2) -Administration 12, Approve Lease Agreement with Clear Wireless LLC/Rose Park Water Tower (Tower 1) -Administration 13, Approve Assessment Re-Certification/PIN 13-32-24-43-0004 - Administration Discussion Items 14. Anoka County Sheriffs Department Monthly Report - Sheriff 15, Approve Community Garden Plot Application & Lease Agreement/l0-13 - Engineering Staff Items 16. Schedule March EDA Meeting - Administration 17. Schedule March City Council Workshop - Administration 18. Administrator's Report - Administration Mayor/Council Input Closed Session- Public Works Union Negotiations Update Easement Negotiations PID# 10-32-24-22-12 & PID# 10-32-24-22-0015 Adjournment C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and CounciImembers FROM: Jim Dickinson, City Administrator SUBJECT: Special Presentation - Anoka County Sheriff DATE: February 16, 2010 The Anoka County Sheriff, Bruce Andersohn, will be present at the meeting to introduce the deputies that will be serving the City of Andover for the 2010 Anoka County Law Enforcement' contract. , CD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: February 16,2010 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: January 26,2010 Workshop February 3, 2010 Regular Meeting February 3, 2010 Closed Meeting DISCUSSION The minutes are attached for your review, ACTION REQUIRED The City Council is requested to approve the above minutes, Respectfully submitted, - ~~ Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING - JANUARY 26,2010 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Mayor 11 Gamache, January 26, 2010, 6:00 p.m" at the Andover Public Works Building, 1785 Crosstown 12 Boulevard NW, Andover, Minnesota, 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 CounciImember absent: None 16 Also present: Director of Public Works/City Engineer, Dave Berkowitz 17 City Administrator, Jim Dickinson 18 Assistant Public Works Director, Todd Haas 19 Others 20 21 22 DISCUSS COMMUNITY GARDEN PLOT 23 24 Mr, Berkowitz stated the City Council is requested to discuss the possibility of having a 25 Community Garden Plot at the property owned by Grace Lutheran Church at the intersection of 26 Nightingale Street NW and 151 st Lane NW, 27 28 Mr. Berkowitz discussed the report and proposed costs with the Council. 29 30 Pastor Mark Hellman was at the meeting to answer questions. 31 32 CounciImember Knight asked how they would secure the site so the water does not get turned on 33 when not attended, Mr. Berkowitz stated they could look at some type of code system that can 34 be locked and given to the users, 35 36 Councilmember Jacobson asked if they looked at the parking situation, Mr, Berkowitz stated 37 they would allow parking on the City Street and utilize the street for parking, They could also 38 look at gravel parking off the street on the lot if needed, 39 40 Councilmember Jacobson asked how many plots would be available on this parcel. Mr, 41 Berkowitz stated they would have approximately 24 smaller plots and then some larger plots, 42 The church would be interested in utilizing a few of the larger plots and the City would not 43 charge them for, 44 45 CounciImember Knight asked how the renters would know what their boundaries are, Mr, Haas 46 stated the City could help identify the plots so the renters could tie offtheir sections, Mr, 47 Berkowitz stated the City would till the site at the beginning of the season and clean up at the end 48 of the season, also provide garbage cans during the season, Andover City Council Workshop Meeting Minutes -January 26,2010 Page 2 1 2 CounciImember Trude thought they should put some compost bins on the property towards the 3 end of the season, 4 5 Mayor Gamache asked how much it would cost to add some parking because he did not know if 6 the residents across the street would want parking on the street. He wondered how wide the 7 street is, Mr, Berkowitz stated the street is a standard road width, 8 9 Councilmember Jacobson asked ifthere would be a problem with people parking just off the 10 curb on the property, Pastor Hellman did not think there would be a problem, Councilmember 11 Knight thought they should just wait and see ifthere are problems, before allowing parking on 12 the property. 13 14 CounciImember Jacobson asked where the original investment will come from. Mr, Dickinson 15 stated they are not sure yet since staff did not know if the Council wanted to go forward with this, 16 He did think they would use some reserve funds for this since they will be getting revenue back 17 on it. 18 19 Mr, Dickinson noted this is already happening in the northern part of Andover on private 20 property, 21 22 Mr. Berkowitz wondered if they are going to limit this to Andover residents only, 23 Councilmember Jacobson thought they should, Councilmember Trude stated she would be 24 happy to include City employees in this and open it up if residents don't show interest. 25 26 CounciImember Bukkila stated the City did not know what level of commitment they will have 27 by people after the first initial year, she did not know ifthey would recoup the initial investment. 28 Councilmember Jacobson thought they needed to try this for a year and see how it works out. 29 30 Pastor Hellman stated the contractor they are working with for the top soil said they would also 31 help provide a water system for them, Mr. Berkowitz stated City staff would prefer to install this 32 and asked if the parts could be donated, Pastor Hellman stated he would ask the contractor, 33 34 Council direction is to go ahead with this and come back to the Council with refinements to the 35 project and lease agreement. 36 37 Mayor Gamache asked what Coon Rapids has done with allowing equipment in, Mr, Haas stated 38 the people usually bring in their own hoses and equipment and would be able to share if they 39 wanted to, 40 41 Mayor Gamache asked Mr. Haas to check with Coon Rapids on what their policy is with 42 electrical equipment. 43 44 Mr. Holasek made suggestions as to preparation of the topsoil. Andover City Council Workshop Meeting Minutes -January 26,2010 Page 3 1 Mr, Berkowitz stated this will come back to the February 16,2010 Council meeting for review 2 and approval. 3 4 DISCUSS HAWKRIDGE PARK RECONSTRUCTION PLAN/09-18 5 6 Mr, Berkowitz stated the City Council is requested to review the proposed draft plan of 7 Hawkridge Park. 8 9 Ms, Barb Anderson, President of the North Metro Soccer Association, introduced Director Joe 10 Schlagel, Vice President John Ness, Mark Miller, and Scott Stripeck, equipment manager to the 11 Council. 12 13 Ms. Anderson stated they need more fields as they grow and additional time commitments, She 14 stated soccer fits in the healthy fit community, She stated this is a healthy impact for cities, 15 16 Mr, Berkowitz reviewed the layout with the Council and North Metro Soccer Association, 17 18 CounciImember Jacobson asked how this will fit in with the football season and would they use 19 these fields, Mr, Miller stated this could be multi-use fields for other sports, 20 21 Councilmember Knight stated in looking at these there is no seating available, Mr. Miller stated 22 their perspective is people do not typically migrate to bleachers; they usually sit on one side with 23 players on the other side, Mr, Haas stated they are getting bleachers for these fields through a 24 donation, 25 26 Councilmember Jacobson asked why there is additional parking by the rink, Mr. Berkowitz 27 stated they felt they may need additional parking for soccer events but in the winter this area will 28 be open skate. Mr, Haas stated he talked to North Metro about carefully scheduling games 29 because of the limited parking available and there is no parking on the street. 30 31 CounciImember Jacobson asked if the well and irrigation system will be using potable water. 32 Mr, Berkowitz stated it would, 33 34 Mr, Berkowitz reviewed the first phase of the project with the Council. 35 36 Councilmember Trude wondered ifthey could expand the parking area closer to the property line 37 to get in another row for vehicles, Mr, Berkowitz explained the layout and why they would 38 likely not be able to get another row of parking, He stated they would need another thirty feet to 39 add another row to make it work. 40 41 Ms, Anderson stated the first few weeks of the season they have volunteers working the parking 42 lot to show people how and where to park. CounciImember Trude thought they needed to have a 43 picnic area also. Andover City Council Workshop Meeting Minutes-January 26, 2010 Page 4 1 Councilmember Jacobson asked if staff has discussed these plans with the surrounding residents, 2 Mr, Berkowitz stated that is the next step, 3 4 Mr, Berkowitz reviewed the hockey rink with the Council and noted the rink needs to be replaced 5 and rebuilt. He stated they would like to get the rink built now, if the decision is to keep the rink, 6 7 Counci1member Knight asked if the warming house would be a year round facility, Mr, 8 Berkowitz stated it would not be in phase one but could be in a later construction phase, 9 10 Mr, Miller stated this improvement gives them the opportunity to utilize the space better and get 11 more use. 12 13 Councilmember Jacobson wondered if the demand will still be here in five years, Mr, Miller 14 stated they are maintaining a demand for the older kids and offer a recreation and competitive 15 program for young adults, He noted North Metro has been around for thirty years and keeps 16 growing, There is potential for adaptive use. 17 18 CounciImember Jacobson asked iflighting would only be for hockey, Mr, Berkowitz stated that 19 is correct at this time but could add lighting in the future to the soccer fields, 20 21 Councilmember Jacobson asked where they money comes from, Councilmember Knight stated 22 he would like to see the bathrooms in phase one rather than phase three and move something else 23 to another phase, Mr, Berkowitz stated there is nothing to move out of phase one to provide this, 24 25 Mr, Berkowitz reviewed the cost breakdown with the Council. 26 27 Mayor Gamache asked if they will be able to look at any hockey rink building grants, Mr, Haas 28 stated that would be difficult to do because grants are hard to come by but he could check with 29 the Minnesota Wild and other organizations to see if they have any funds available. 30 31 Councilmember Knight asked if staff has checked with Andover Hockey Association to see if 32 they wanted to help out. Mr, Haas stated they would be interested in this rink but do not have 33 funds right now, 34 35 Mr. Dickinson stated this is not in the current CUP, He reviewed with the Council options of 36 where the funds would come from to pay for this, 37 38 Councilmember Jacobson asked if nothing were done in 2010, would they still move the hockey 39 boards, Mr, Berkowitz stated they would need to move the boards soon in order to have it 40 operational by next winter, He stated only one soccer field would be useabIe if nothing were 41 done, 42 Andover City Council Workshop Meeting Minutes-January 26, 2010 Page 5 1 Councilmember Trude stated this is not a small project they would need $200,000 to do this 2 project. She stated she cannot see doing this in the next year with the way they have had to cut 3 out many things including staffing cuts, 4 5 Ms. Anderson stated she can bring this back to the Association and depending what the 6 Association would be willing to do, there maybe cash to support development. She knew there is 7 cash support but would need to go back to the board to discuss. She noted they would need a 8 commitment that this park is to be used for soccer if they contribute to this, She stated they 9 have lost two soccer fields in Andover within the last ten years to the Community Center which 10 have not been replaced, 11 12 Mr, Millerman stated the Association has put aside ten percent of the cost for this, Mayor 13 Gamache stated he could go along with the Soccer Association getting use of the fields 14 exclusively if they contributed to this project. He stated the City cannot afford this type of 15 project at this time but ifthe Association can help out he thought the City would owe the 16 Association the use of fields exclusively. 17 18 Mr, Ness stated they would be open to this and couId raise money for this project but they would 19 not want to lose what they have at other fields because their program is growing and they need 20 what they have, 21 22 Mr, Dickinson stated the Council needed to decide if they are going to keep the hockey rink and 23 move it within the park, if not; they need to review the costs and the partnering possibility with 24 the Soccer Association for reconstructing this park. 25 26 CounciImember Jacobson asked if they did not keep the rink at Hawkridge what would it do to 27 the Hockey Association, Mr, Dickinson thought it would encourage the Association to get the 28 hockey rinks up and going next to the Water Treatment Plant. Mr, Haas stated they would hear 29 from the neighbors if the hockey rink were to be removed, 30 31 CounciImember Jacobson asked if the City obtained the bonds could the Soccer Association pay 32 it off over time, Mr, Dickinson stated they would have to look at the Associations' financial 33 health and what assets they have to secure payment. Mr, Miller stated they have been around for 34 thirty years and have a healthy savings and checking, 35 36 Mr, Miller stated they would like to do this as soon as possible; in 2010 they would like to start 37 in July if possible, Mr, Berkowitz stated the largest cost and time would be drilling the well and 38 he thought they could do this project in smaller phases rather than the larger phases, 39 40 Ms, Anderson stated they need to know if the Council is interested in them going back to their 41 board to discuss and get approval. 42 43 The Council felt they were open to this but may need to break it down into smaller phases; they 44 would also like to have the Soccer Association contribute some money to the project. Andover City Council Workshop Meeting Minutes -January 26,2010 Page 6 1 Mayor Gamache thought they may need to look at a park bond referendum for the City, 2 3 CounciImember Bukki1a stated she is struggling doing anything before 2012. Mr. Dickinson 4 thought they should see if they could keep the ice rink one more year in the current location. 5 6 The Council discussed the options with City Staff and the Soccer Association, 7 8 The council recessed at 7:54 p,m. 9 10 The Council reconvened at 8:00 p.m. 11 12 AWARD BID/09-10/2010 TREE REMOVAL CONTRACTOR (CONTINUED) 13 14 Mr. Berkowitz stated this item is continued from the January 19,2010 City Council Meeting, 15 The City Council is requested to award the bid to Strong and Sons Total Tree Service for the City 16 Contractor under the contents of the Diseased Tree Removal/Sanitation Enforcement Policy. 17 18 Mr, Kameron Kytonen explained last year they hired a contractor to remove a few trees in the 19 city, He stated last year they dealt with close to hundred properties that needed tree removal and 20 only two residents used the City contractor, He explained what the contractor will do when they 21 remove a tree, 22 23 Mr, Berkowitz stated this is their enforcement tool to make sure infected trees are removed on a 24 timely basis and staff is willing to work with the residents to get the lowest cost. 25 26 CounciImember Knight asked if they are holding the landowner responsible for all the Ash trees. 27 Mr, Kytonen stated they are not doing that yet. He stated the City of Blaine has not required 28 removal of all Ash trees in Blaine; they are starting to remove Ash trees on City property and will 29 replace with other varieties over a ten to fifteen year period, 30 31 Councilmember Jacobson asked on the resolution the difference in price from the front to the 32 back of it, Mr. Berkowitz stated it is based on the average, 33 34 Mr, Berkowitz asked the Council to authorize the change to the resolution, 35 36 Councilmember Trude wondered why they only received a few bids because they seemed like the 37 bids were high, Mr, Kytonen stated they did send letters to all companies in the area and they 38 require a performance bond so some may not have even bid, 39 40 Councilmember Knight asked who pays for the side costs in order to remove trees. Mr, Kytonen 41 thought it would be the property owner. 42 43 Councilmember Knight asked who would pay for tree removal on open space land. Mr, 44 Dickinson stated the City would and would probably utilize staff for removal in those situations, Andover City Council Workshop Meeting Minutes-January 26, 2010 Page 7 1 2 Mr, Berkowitz stated if after discussion the Council is ok with this it would come to the Council 3 meeting on February 3, 2010 for approval. 4 5 DISCUSS NPDES REQUIREMENTS/IO-lIILLICIT DISCHARGE ORDINANCE 6 7 Mr, Berkowitz stated under the requirements of the National Pollutant Discharge Elimination 8 System (NPDES) program, the City is required to have an ordinance in place that prohibits non- 9 storm water discharges and to implement a program for detection and enforcement of illicit 10 discharges, 11 12 Mr, Berkowitz reviewed the information with the Council. 13 14 Councilmember Jacobson stated it is impossible to backwash a pool filter without putting 15 chemicals into the storm sewer and he wondered how this could be accomplished since there are 16 a lot of pools in the City, He also noted at season end pools need to be drained below the intake 17 valve which would put chemicals and water into the storm sewer, Mr, Dickinson thought pool 18 water could be diluted enough so there would not be a concern but if it is not diluted it would be 19 prohibited. 20 21 CounciImember Jacobson stated he did not like the wording in the ordinance related to the right 22 of entry provision, He stated no home is safe and it is not clear if it is just industrial or 23 residential. The way he read it this could apply to residential properties also. 24 25 CounciImember Trude thought this is too broad and needed it to be reworded, Councilmember 26 Jacobson thought this seemed a little unclear and the wording needed to be cleaned up, 27 CounciImember Jacobson thought they could change the language to clear up industrial from 28 residential, 29 30 Councilmember Trude thought examples should be included in the definitions, She thought they 31 should do administrative fines on some of these items instead of misdemeanors, 32 33 Mayor Gamache stated under section 7, exemptions, one ofthe exemptions is non-commercial 34 washing of vehicles, 35 36 Mayor Gamache stated under the pollutant section, definitions, one of the pollutants is grass 37 clippings, He wondered what that meant, Mr, Berkowitz stated people need to sweep or blow 38 their grass back onto their lawn because ofthe phosphorous in it. 39 40 The Council thought some of the wording needed to be clarified in the ordinance before being 41 approved, 42 43 44 Andover City Council Workshop Meeting Minutes-January 26, 2010 Page 8 I PUBLIC WORKS STREET DEPARTMENT MAINTENANCE ITEMS 2 3 Mr, Berkowitz reviewed with the Council various Public Works Street Department Maintenance 4 items, 5 6 Councilmember BukkiIa asked how long it takes to plow the entire City in one run, Mr, Irwin 7 Russell stated it depends on the snow fall and type of snowfall, Mr, Denny Madden stated they 8 try to get all the main streets done first and then they alternate to side streets especially during 9 rush hour, 10 II Mr, Berkowitz stated the plow drivers know their routes and how to get it done efficiently. 12 13 Councilmember Jacobson asked how they are coming on getting outside work from other cities 14 for their signs, Mr, Russell stated they did provide it but, some of the other cities have now 15 gotten their own sign departments and equipment. 16 17 The Public Works Department reviewed the work they do in the City such as plowing, street 18 maintenance and sign making with the Council. 19 20 Mr, Berkowitz introduced the Public Works Department crew that were present to the Council. 21 22 DISCUSS SALT STORAGE 23 24 Mr, Berkowitz stated the Council is requested to discuss the possible construction of a salt 25 storage facility on the Public Works Site, 26 27 Mr, Berkowitz reviewed a building and plans with the Council and noted that building a salt 28 storage facility could save the City a considerable amount of money, 29 30 CounciImember Knight asked if they could do a salt and equipment storage building together, it 31 would save them money, Mr, Berkowitz indicated they planned to keep some of their equipment 32 in the facility when not filled salt, 33 34 Councilmember Jacobson stated this will ultimately be the main entrance to the Community 35 Center and he wondered if the storage facility could be moved somewhere else on the property to 36 get it out of view, Mr. Berkowitz did not think it would make a difference because ofthe size it 37 would be hard to hide, He indicated they could do some screening but would like to keep the 38 facility where proposed since they need room to move the equipment in and out. 39 40 Councilmember Jacobson asked how much this would cost. Mr, Berkowitz stated it would be 41 approximately $150,000. Councilmember Trude wondered if this would be moveable, Mr, 42 Berkowitz stated once set up it would be difficult to move because they would place an asphalt 43 floor in it. 44 Andover City Council Workshop Meeting Minutes-January 26, 2010 Page 9 1 CounciImember Trude thought if it was placed by other public works buildings it would be more 2 hidden, 3 4 The Council discussed with Mr, Berkowitz different places the storage shed could be located, 5 6 Mr. Berkowitz explained what they would be using the salt storage shed for throughout the year, 7 8 Councilmember Jacobson asked to look at how far south could they move it and look for a color 9 other than white for the building, Mayor Gamache stated they need to make it work and the 10 trucks need to be able to get in to utilize it. 11 12 Mr, Berkowitz stated they can increase the capacity by twenty foot increments so they do not 13 want to move it too far south in order to be able to expand in the future, 14 15 The Council thought this was a good idea and indicated it should move the planning forward. 16 17 DISCUSS MSA ROUTES 18 19 Mr, Berkowitz stated each year the City is required to submit a certification of mileage to 20 MnDOT which certifies the total roadway miles in the City, This is the basis for determining the 21 allowable mileage in the City that can be designated as Municipal State Aid (MSA) roadways, 22 for which the City receives funding from the State for construction and maintenance. Twenty 23 percent (20%) of the total mileage in the City can be designated as MSA routes, To comply with 24 this requirement, the City will need to revoke 0.45 miles from the current MSA system. 25 26 Mr, Berkowitz reviewed the information with the Council. 27 28 Motion by Councilmember Jacobson, Seconded by CounciImember Knight to take the 29 recommended MSA route revocations of Staff and bring forward a resolution at the next City 30 Council meeting to formally revoke the routes to bring the system into compliance with MnDOT 31 requirements, Motion carried unanimously, 32 33 OTHER DISCUSSION 34 35 Councilmember Trude wondered if they should put a moratorium on wind turbines until they get 36 more information because she did not want people to go out and purchase the small ones being 37 sold at home improvement stores and installing them until they get an ordinance in place. 38 39 Mr. Dickinson stated the Bruggeman single family area will most likely not be association 40 maintained, He stated there were three areas the Association would need to maintain which was 41 discussed with the Council. The Council indicated they would be willing to accept those three 42 areas from Bruggeman if it would help the development along, 43 Andover City Council Workshop Meeting Minutes -January 26,2010 Page 10 1 Mr, Berkowitz reviewed with the Council some discussions regarding the storm sewer issues 2 with the road reconstruction project discussed at the last Council meeting, 3 4 Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to adjourn, Motion 5 carried unanimously. The meeting adjourned at 9:50 p,m. 6 7 Respectfully submitted, 8 9 Susan Osbeck, Recording Secretary 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 3,2010 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, February 3, 2010, 7:00 p,m" at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota, 13 14 Councilmembers present: Sheri BukkiIa, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 City Planner, Courtney Bednarz 20 Others 21 22 PLEDGE OF ALLEGIANCE 23 24 25 PRESENTATION -ANDOVER ATHLETIC ASSOCIATION 26 27 Mr, Pat Olson, Volunteer Director for the Andover Athletic Association Slow Pitch Softball, made a 28 presentation to the Council regarding the donation of scoreboards to the City, He noted these will be 29 paid for solely by the Association and would ask the City to consider charging other Associations for 30 use of the boards for maintenance or repair, 31 32 Mayor Gamache asked how the City will be able to charge for the scoreboards, Mr, Berkowitz 33 stated this will go before the Park Commission for discussion and recommendation and then will 34 come back to the Council for review, 35 36 Councilmember Trude stated City taxes pay for power lines, electricity, maintenance and all the 37 kids in the City seem to benefit from the parks and they have tried not to charge residents for use 38 and would be reluctant to support an organization making a donation with strings attached 39 because that starts a turf war. 40 41 Mr, Olson stated they are just making a suggestion to the Council. 42 43 Mayor Gamache stated the City appreciated the Andover Athletic Association for this donation, 44 45 46 RESIDENT FORUM 47 48 No one wished to address the Council. Regular Andover City Council Meeting Minutes - February 3,2010 Page 2 1 2 AGENDA APPROVAL 3 4 There were no changes 5 6 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above, Motion 7 carried unanimously, 8 9 10 APPRO V AL OF MINUTES 11 12 January 12,2010, P&Z and Open Space Interviews 13 14 Councilmember Trude stated on page four, line 41, "aesthetics" is spelled wrong and should be 15 corrected, 16 17 Motion by Trude, Seconded by BukkiIa, to approve the minutes as indicated above, Motion carried 18 unanimously, 19 20 January 19,2010, Regular Meeting: Correct as amended, 21 22 Councilmember Trude stated on page 6, line 4, the word should be "as" instead of "and". 23 24 Motion by Trude, Seconded by Knight, to approve the minutes as indicated above, Motion carried 25 unanimously, 26 27 28 CONSENT ITEMS 29 30 Item 2 Approval of Claims 31 Item 3 Consider Approval Application for Exempt PermitINorth Suburban Women's 32 Club 33 Item 4 Approve Resolution Accepting Donationsl MAl Sunshine Park/Scoreboards for 34 Ball Fields/1O-11 (See Resolution R01O-1O) 35 Item 5 Award Bid/09-10/201O Tree Removal Contractor (See Resolution R007-1O) 36 37 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read, Motion carried 38 unanimously, 39 40 41 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) 42 PRESENTATION & PUBLIC MEETING/IO-l 43 44 Mr, Kameron Kytonen made a presentation to the City Council. Regular Andover City Council Meeting Minutes - February 3, 2010 Page 3 1 Mayor Gamache asked how large the grant was, Mr. Kytonen stated it was $7,000, Mayor Gamache 2 asked why they picked the three property owners, Mr. Kytonen stated it was based on interest and 3 also they were looking at locations that would be the most effective for treating storm water runoff, 4 5 Mr, Kytonen explained the requirements that the City has to meet to be in compliance with the 6 Federal Government, 7 8 CONSIDER CONDITIONAL USE PERMIT/HlDDEN CREEK NORTH PARK/CLEAR 9 WIRELESS LLC 10 11 Mr. Bednarz explained Clear Wireless, LLC is seeking to locate a 75 foot tall tower and wireless 12 internet antenna array within Hidden Creek North Park. A conditional use permit is required to 13 locate antennas above 35 feet in height, 14 15 Mr, Bednarz reviewed the information with the Council. 16 17 CounciImember Trude stated the ordinance allows the Council to change the setback on the towers 18 and she wondered if they could get it bumped up as close to Bunker Lake Boulevard as possible and 19 not behind the back stop so it does not deter viewing of a baseball game and this would also move it 20 further away from the homes in the area. 21 22 Councilmember Knight wondered if they could go along the third base line towards the outfield, Mr, 23 Bednarz stated they are looking at that. Councilmember Trude thought this would fit better closer to 24 the street to blend in with street lights. Mr. Bednarz thought it would probably fit in that area, 25 26 Mr, Bednarz stated there are some different places the Council could review for placement of the 27 pole, 28 29 CounciImember BukkiIa stated as it stands now she is not in favor ofthe project since it will stick 30 out on the street because there are not any other light poles in that area. 31 32 Councilmember Jacobson stated he watched the Planning Commission meeting and the arguments 33 broke down into three areas, aesthetics, did not feel parks in general were appropriate to have 34 commercial type things in them and the Council has already approved a site in Prairie Knoll Park and 35 the third issue was the emitted RF from the pole and looking at the information these poles emit less 36 than cell towers and at a different frequency, He stated the tower at 75 feet, typically the power poles 37 along Bunker on the north side were approximately 65 feet and this pole would not be much taller. 38 He stated he is in favor of this and thought parks were there for kids to play in and sports to play in 39 but there are some folks that do not partake in these things and there should be something for them 40 and the internet is a huge thing now and should be accessible to everyone that wants it. He stated 41 change comes and he thought in this case, if you do not have wireless internet it puts people at a 42 disadvantage, He stated he would like to see the pole placed in a different location in the park. 43 44 Councilmember Knight stated part ofthe issue is the Wi-Fi coverage and he thought the pole needed Regular Andover City Council Meeting Minutes - February 3, 2010 Page 4 1 to be in the park to connect to the other poles but he would like to see the pole placed further down 2 the 3rd line base. 3 4 Mr. Steve Schultz, Clear Wireless, LLC, reviewed the site plan with the Council and explained the 5 reason why they needed a pole in Hidden Creek Park. 6 7 Mayor Gamache asked if this site is the best place for the pole, Mr, Schultz stated it is, He 8 explained how the network works with each other, 9 10 Mayor Gamache asked how many more poles will be needed to cover Andover entirely. Mr. Schultz 11 stated what they are proposing and a couple more will be adequate to cover the entire City. 12 13 Mayor Gamache asked ifthey would be willing to co-locate on a pole with other companies and he 14 wondered if a light pole at Target would work. Mr, Schultz stated that they would be willing to co- 15 locate but the Target location is too far outside of the parameter needed to connect the pole with the 16 rest of the network. 17 18 Mr, Schultz stated this pole is a line of site to other poles and if they moved this pole out of the park 19 they will need to reconfigure their entire ring to make it work. 20 21 Mr, Schultz reviewed the current connections needed with the Council. 22 23 Councilmember Bukkila asked ifthey could move the pole to the current Fire Station to the east and 24 make this work. Mr, Schultz stated this is to the north and would not work and this has already been 25 reviewed extensively, He stated if they could co-locate there they would because it would save them 26 a lot of money, 27 28 Councilmember Bukkila asked if they had alternate sites picked out. Mr, Schultz stated they do not 29 have alternate sites picked out. He stated they have researched the area and it is not possible to move 30 it to another raw land site or somewhere that would not affect residents, 31 32 Councilmember Trude explained the ordinance and the reason why these poles are allowed in parks 33 and at the time the ordinance was made the concern was with poles falling over in a storm so they 34 needed an open area, Mr. Schultz stated the pole is designed to collapse upon itself and can 35 withstand tornados and severe storms, 36 37 City Attorney Baumgartner reviewed the ordinance and places where poles are allowed in the City, 38 He stated in looking at the regulations, technology has changed a little bit and he thought the 39 language when written identified the towers with guide wires and this tower everything is internal. 40 He thought the intent was the same as with other towers also, He thought what is being proposed 41 still fits within the intent ofthe ordinance, 42 43 Councilmember Trude stated there are a lot of home offices in the City now and they need good 44 internet connections along with children needing a good internet connection for school projects, She Regular Andover City Council Meeting Minutes - February 3, 2010 Page 5 1 thought this is needed in the City. She thought it is important to locate the pole far away from 2 activity in the park since use this park is busy with many activities, She thought if they located close 3 to the boulevard so it stands in line with the power poles she did not see that there were any other 4 options, She thought the site impact would be greater if it were moved to a well house site, She 5 stated they needed to be supportive of new technology, She also did notthink a fence would benefit 6 this and thought it would benefit the park if a light were attached to the pole for use on the field, She 7 thought this was a balancing act. 8 9 CounciImember Jacobson asked if they looked at co-locating on the County tower down the road. 10 Mr. Schultz stated they already have a pole on the water tower on Hanson Boulevard and they cannot 11 remove that pole since it connects to other poles in Coon Rapids, 12 13 Councilmember Knight stated there is money involved and will go directly to the park if approved, 14 This money cannot be used anywhere else but in Hidden Creek Park North, 15 16 CounciImember BukkiIa reviewed the differences between Prairie Knoll Park and Hidden Creek 17 Park North and she thought Prairie Knoll was larger and did not have alternate commercial sites for 18 location, She thought because Hidden Creek Park North is smaller and surrounded by a 19 neighborhood this created conflict. She wondered if it could be located in the industrial park. Mr, 20 Schultz stated they do have to meet setbacks and there are additional requirements that are needed to 21 place a pole on a private location. 22 23 Councilmember Bukkila asked if Mr. Schultz would be willing to look at private land, Mr, Schultz 24 stated they have done extensive research and they can only go out a half mile in diameter otherwise it 25 will affect all of the other poles, CounciImember BukkiIa stated the private land is within the 26 requirements and she wondered ifthey would be willing to look at this, 27 28 City Attorney Baumgartner reviewed the ordinance revisions with the Council and when they were 29 put into effect. 30 31 CounciImember Trude asked if private land could be looked at for a location, City Attorney 32 Baumgartner stated there are other requirements and there are a whole different set of rules in place 33 when dealing with a private land owner. He noted only one tower can be located in industrial areas 34 and he did not know what was already out there, 35 36 Mayor Gamache stated he did not have a problem with putting these on water towers but he did have 37 a problem with placing these in parks where there is not anything else there, 38 39 Councilmember Bukkila asked if these poles would allow coverage in all of Andover including rural 40 areas, Mr. Schultz stated it would not cover all of Andover but covers most of the city areas, 41 42 CounciImember Trude asked if she was interested in purchasing wireless internet from them how 43 would she go about doing this. Mr. Schultz explained the process for getting wireless internet at a 44 residential home or public area. Regular Andover City Council Meeting Minutes - February 3, 2010 Page 6 1 Councilmember Knight asked how far away does someone need to be from the tower to access the 2 wireless internet. Mr, Schultz stated as long as the person is within Andover they could access the 3 internet. It is almost seamless connection, 4 5 Mr, Schultz stated if they do not get this connection it will require a rework of the entire network in 6 Andover and some of Coon Rapids, 7 8 Mayor Gamache thought if Clear Wireless was looking at Hidden Creek East Park, that park is 9 directly south of Festival Foods parking lot and the pole would also work in Festival Foods parking 10 lot because that is within the network area, Mr, Schultz indicated he did not remember reviewing the 11 park and did not think there was a commercial area between Hidden Creek East Park and Hidden 12 Creek North Park. He did not think this was a viable location for them otherwise they would have 13 considered it. 14 15 Councilmember Trude thought if they placed the pole as close to the road as possible it would be 16 close to industrial and commercial areas and would blend in, 17 18 Councilmember Bukkila stated she would be willing to table the discussion and allow Clear 19 Wireless, LLC to review the commercial area for possible location, 20 21 Motion by Jacobson, Seconded by Knight, to approve the proposed conditional use permit with 22 changes under the Now Therefore it Be Resolved, The changes would be under points 2, 3 and 4, 23 Point 2 would be revised to strike out the ball field and skating rink and note that per discussion the 24 tower would be moved north closer to Bunker Lake Boulevard and to the east along the third 25 baseline. The applicant would not have to screen the ground mounted equipment with evergreen 26 trees in point 3 and point 4 would not have to add a fenced area around the equipment. 27 28 Councilmember Trude asked if CounciImember Jacobson would accept a friendly amendment that 29 the applicant shall provide some landscaping adjacent to the little green plastic housing, She thought 30 this could be worked through. 31 32 Mr, Andrew Tremble, 2633 136th Avenue NW, stated he did not think they should be prostituting 33 their parks to private corporations, He stated the parks were paid for by the residents, not companies. 34 He stated he is totally against this and thought this is wrong, He thought it is the applicant's problem 35 to have to redraw their plans and not the cities. He stated they bought this house because it was 36 along an open park. He stated if they had known about this when they purchased their home in 37 December the house would still be sitting empty with no one to pay the taxes, He stated when the 38 economy improves the parks will start to bring in money for maintenance, 39 40 Mr. Tremble stated the City Code will not allow him to put up a wind turbine to help with his costs 41 of electricity and he wondered what the difference is, CounciImember Jacobson stated they are 42 working on that issue. Mr, Tremble stated anyone who votes for this will be held responsible and 43 remembered come election time, Mr. Tremble indicated he works for a powerful organization, 44 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 7 I Ms, Jan Anderson, 13683 Yukon Street, stated in listening to the arguments presented she 2 appreciated one member on the Parks Commission who mentioned this is a slippery slope because 3 when they start putting these various things into public areas what else will they put in down the 4 road, As far as the use of the land she understood there is a business very close to Festival that is 5 totally empty and she wondered why not put the location of the tower there. She did not understand 6 why the resolution presented to the Park Board the location was along the first baseline and now it is 7 along the third baseline, Mayor Gamache thought that was the option they had at the time and was 8 not sure if they looked at any other options and felt it worked best there, 9 10 Councilmember Trude stated she talked to the Park Commission Chair and asked why they put the 11 pole in the center of everything and the answer was if a light was placed on the pole it would light a 12 couple of different areas. She asked the Park Commission Chair if they could move it further 13 towards Bunker Lake Boulevard would they and the answer was yes but City Staff said they could 14 not because of setback issues and when she read the City Code is states the City Council can override 15 the setback for aesthetic reasons. She thought if they moved it closer to Bunker Lake Boulevard the 16 less likely it will be in a resident's site line, 17 18 Councilmember Knight stated he drove the little path that goes by the play equipment and that made 19 him look towards Bunker Lake Boulevard for a site which would remove it from view of residents in 20 their homes. 21 22 Ms, Patricia Grayheck, 13678 Yukon Street, asked if this does go through and it goes along the third 23 baseline when would the installation take place or be completed. She wondered if they could vote on 24 park improvements since the revenue earned would be used in this park and would they be notified 25 of the park and planning meetings with the park so they can voice their concerns, She also wondered 26 if the revenue from this be put in a separate account and would the residents in the area have access 27 to the information and would it be fully disclosed. She wondered how many other approved 28 locations are in Andover, She thought the business plan was made without a lot of forethought with 29 regard to getting approvals and recommendations from the City prior to them making all the 30 decisions and now it looks like they will have to go back to the drawing board which she thought 31 they should because you do not comprise families and children for commerce, She stated she is 32 sadly disappointed that the City of Andover has put their integrity and values up for sale, 33 34 Mr, Dickinson explained what will happen with the money that comes in from the pole, He stated 35 any improvements would be reviewed and discussed by the Park Commission and the public would 36 be notified if it impacted them, He stated the City does try to co-locate when appropriate. He stated 37 the City Code directs them to public areas first for utilities, They also look at open land and outlots 38 for locations, He stated the revenue as with all money of the City is available for review at anytime 39 for the public to come in and request to see. 40 41 Mr. Dickinson reviewed the next step if this is approved, Mr. Schultz stated they would like to be in 42 as quickly as possible, 43 44 CounciImember Knight stated there is a demand for wireless internet in Andover and is not a thing of Regular Andover City Council Meeting Minutes - February 3,2010 Page 8 1 selling integrity; it is the community wanting this, 2 3 Mayor Gamache stated he is going to vote against this like he did at Prairie Knoll Park and did not 4 believe they should be using the parks for things like this, He felt they could move this tower to a 5 commercial site close by, He stated he did not have as much of an issue with this type oftower as 6 others but did not feel a tower belonged in a park. He stated if they wanted to raise money for parks 7 they could always run bond issues for the money for improvements, He did not think the money 8 should be their sole concern, He did know there are wireless needs in their city but knew there are 9 different ways and places for them. 10 II Councilmember Trude wondered if they could keep the light on the pole as a possibility, Mr, 12 Dickinson stated if the pole will go along the third baseline a light would not work in that location, 13 14 The Council discussed their viewpoints on this item and the reason why they are going to vote for or 15 against this project. 16 17 CounciImember BukkiIa stated she would be willing to table this to allow Clear Wireless, LLC to 18 look at other locations for placement. She indicated she would not vote in favor of this because she 19 felt commercial sites would work better, 20 21 CounciImember Trude felt they needed to move forward with this item to allow the network circle to 22 continue because if the City does not allow a tower in this park she feared the circle would break and 23 end in Andover, 24 25 Motion carried 3 ayes, 2 nays (Gamache, Bukkila), (See Resolution R012-IO) 26 27 28 AWARD BOND SALE FOR OPEN SPACE AND REFUNDING BONDS 29 30 Mr, Mark Ruff from Ehlers & Associates, the City's Financial Advisor, presented the results of 31 the City's sale ofthe following bond issues authorized at the January 5, 2010 Council Meeting 32 for the $3,200,000 General Obligation Open Space and Refunding Bonds Series 20IOA, 33 34 Motion by BukkiIa, Seconded by Trude, to approve the attached resolution accepting the proposal on 35 the sale of the respective bonds based on the bid tabulation presented by Ehlers & Associates. 36 Motion carried unanimously, (See Resolution ROI1-10) 37 38 39 CONSIDER CONDITIONAL USE PERMITIROSE PARK/CLEAR WIRELESS LLC 40 41 Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna array at 42 the top of a City water tower located on the City park property. A conditional use permit is 43 required to locate antennas above 35 feet in height. The water tower is 150 feet tall, 44 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 9 1 Mr, Bednarz reviewed the staff report with the Council. 2 3 Mayor Gamache stated the City is not giving approval to a monopole at this site at this time they 4 will need to come back and apply for a CUP in the future when the water tower is removed, Mr, 5 Bednarz explained that is correct. 6 7 Motion by Trude, Seconded by Jacobson, to approve the proposed conditional use permit. 8 Motion carried unanimously, (See Resolution R013-1O) 9 10 11 CONSIDER CONDITIONAL USE PERMIT/1717 CROSSTOWN BOULEVARD NW/CLEAR 12 WIRELESS LLC 13 14 Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top 15 and sides of the City water tower located adjacent to City Hall. A conditional use permit is 16 required to locate antennas above 35 feet in height. The water tower is 166 feet tall. 17 18 Mr, Bednarz reviewed the staff report with the Council. 19 20 CounciImember Jacobson asked how many more antennas the tower can hold, Mr. Berkowitz 21 stated they have worked with the different carriers to clean up the antennas on the tower so there 22 is more availability, 23 24 Mr, Dave Hagen, Clear Wireless, LLC, reviewed the plans with the Council. 25 26 Motion by Jacobson, Seconded by Knight, to approve the proposed conditional use permit. 27 Motion carried unanimously, (See Resolution ROI4-10) 28 29 30 SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATION MEETING 31 32 The Council is requested to schedule a Local Board of Appeal & Equalization Meeting for April 33 22,2010 at 7:00 p,m. 34 35 Motion by Jacobson, Seconded by Trude, to schedule a Local Board of Appeal & Equalization 36 Meeting for April 22, 2010 at 7:00 p,m. Motion carried unanimously, 37 38 39 ADMINISTRATOR REPORT 40 41 City Administrator Dickinson updated the Council on the administration and city department 42 activities, meeting reminders, CIP Projects and development activity. 43 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 10 1 MAYOR/COUNCIL INPUT 2 3 There was none. 4 5 The Council recessed to go into a closed session to receive an update on union negotiations, land 6 purchase negations for PID 29-32-24-44-0022 and PID 10-32-24-22-0012 at 9:21 p.m, 7 8 The Council reconvened at 9:54 p,m, to adjourn. 9 10 Motion by Jacobson, Seconded by Bukkila, to adjourn, Motion carried unanimously. The meeting 11 adjourned at 9:55 p.m, 12 13 Respectfully submitted, 14 15 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - February 3, 2010 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 3,2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE """",..""""".........'"""""""".,...,........'""......,...............,.."..",....,.. 1 PRESENTATION - ANDOVER ATHLETIC ASSOCIATION ..,."""..........,...,......"".,.,..'......... 1 RESIDENT FORUM ."..,......,......,..."""""""""................"""""".,."""'...."..,..""".""",,,.,.......,.. 1 AGENDA APPROV AL............,."....".."""""."'......,..........,.""""""""""""""""".,.."""""",..,...2 APPROVAL OF MINUTES ....,..""............,.."",...................""""",""",....""""""",...."""""."".2 CONSENT ITEMS ,.,...,...............'"............,..,.."".""....,......."""""""",.,."..,.'"""""..,....""..",.." 2 Approval of Claims ...""""""",."....,..............""".."""",...""".,..........""""""""".,., ..........""" 2 Consider Approval Application for Exempt PermitINorth Suburban Women's Club,......"...... 2 Approve Resolution Accepting Donationsl AAN Sunshine Park/Scoreboards for Ball FieIds/lO-ll (See Resolution ROI0-I0)........,..,.....................",......,....................,......., 2 Award Bid/09-1O!2010 Tree Removal Contractor (See Resolution R007-1O) "......,..,............., 2 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING/lO-l...............................,.......,................................ 2 CONSIDER CONDITIONAL USE PERMIT/HIDDEN CREEK NORTH PARK/CLEAR WIRELESS LLC (See Resolution ROI2-1O) ......,..,..........................,....................,.................., 3 AWARD BOND SALE FOR OPEN SPACE AND REFUNDING BONDS (See Resolution RO 11-1 0)....,., ...........""."""""""...""",...""""""""",.",.. ..."",.."""".."................"""""",'..',.. 8 CONSIDER CONDITIONAL USE PERMIT/ROSE PARK/CLEAR WIRELESS LLC (See Resolution RO 13 -1 0) ",.".""""""........."........""""."""", .....""""",...."""",."",.,.."""""""",.. 8 CONSIDER CONDITIONAL USE PERMIT/l717 CROSSTOWN BOULEVARD NW/CLEAR WIRELESS LLC (See Resolution ROI4-10) ...........""",..........................................,...........,.... 9 SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATION MEETING ..........,..."..""...., 9 ADMINISTRATOR REPORT ,...."..""""",......."""""......"......,....,...,....","""""",.,.,.,.,."""""", 9 MAYOR/COUNCIL INPUT ,..""""".....""........."............."".........,.....,."""......,.,.....,...,..",.""" 1 0 ADJOURNMENT""""...."",......".."".,...,.,....."..................."..................".......'.......,.........",.",.. 1 0 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: February 16, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $178,535.30 on disbursement edit list #1- 2 from 02/05/10 to 02/12/10 have been issued and released. Claims totaling $404,435.58 on disbursement edit list #3 dated 02/16/10 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUESTED The Andover City Council is requested to approve total claims in the amount of $582,970.88. Please note that Council Meeting minutes will be used as documented approval. 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Berkowitz, Director ofPubhc orks/City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/lO-2/2010 Street Reconstruction - Engineering DATE: February 16, 2010 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 10-2,2010 Street Reconstruction. DISCUSSION As part of the City's annual street maintenance program, the streets in the most need of repair are reconstructed each year. The area identified for reconstruction this year is the north half of the Woodland Meadows development. ,- A feasibility report was previously prepared for this improvement project and was submitted to the City Council at the December 15, 2009 City Council meeting. The proposed improvements include milling and reclaiming the existing pavement and using the material as aggregate base, storm sewer system improvements, replacing the existing bituminous curb with concrete curb and gutter and paving two new lifts of bituminous. Driveway aprons will be replaced to match the new roadway and boulevards will be restored. The properties that benefit from the improvements will be assessed 25% of the total project costs in accordance with the City's Assessment Manual Policies and Procedures Guide. This project is included in the City's CIP and has been initiated by the City, which requires a 4/5 vote from the City Council to pass the resolution and move the project forward. The total project cost is estimated at $1,055,330.00. The City's portion is estimated to be $791,480.00, while the assessed portion is estimated to be $263,850.00. The estimated assessment per unit is $6,440.00. The bid results are scheduled to be brought to the Council at the April 6, 2010 regularly scheduled City Council meeting. Mayor and Council Members February 16,2010 Page 20f2 BUDGET IMPACT The street reconstruction project would be funded from the City's Road & Bridge Fund and 25% of the total project costs would be assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. ACTION REOUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 10-2,2010 Street Reconstruction. Respectfully submitted, Q~Q. t David D. Berkowitz Attachments: Resolution & Project Location Map / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2010 STREET RECONSTRUCTION , PROJECT NO, 10-2. WHEREAS, pursuant to Resolution No, 008-10 , adopted by the City Council on the 19t1i day of January , 2010 ,the City EnQineer has prepared final plans and specifications for Project No. 10-2 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of February , 2010 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a,m" March 22 , 2010 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 16th day of February , 2010 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk ~NDbVE~ Capital Improvement Plan Project Name: ANNUAL STREET RECONSTRUCTION (201 0) WOODLJl.ND MEADOWS - SOUTH HA.LF II I- 00 Z 0 IY w :>:-, @ Location Map LEGEND dI Project Location Q Lots/Parcels LJ Park [b 0 2;)5 000 1,180 Water . . Q Right of Way Feet Gl City Umits C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Direct David D. Berkowitz, City Engineer/Director of Public FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Approve Resolution/lO-6/2010 Outdoor Recreation Grant Application/Andover Station North Trail Connection - Engineering DATE: February 16,2010 INTRODUCTION This item is in regard to approving a resolution supporting the grant application that will be made to the Minnesota Department of Natural Resources for the Local Trails Connections Grant Program. The grant submittal will be for the potential of constructing a new trail from Kensington Estates ih Addition development area to the Parkside at Andover Station development area and to the Andover Station North Ball Field Facility. Attached is the resolution. DISCUSSION If the Minnesota Department of Natural Resources approves the funding for the project, the project scope will include a new multi-use trail for biking, walking, running. By constructing this segment, the trail will provide more opportunities so area residents can have a safer access to the regional facilities such as Anoka County Bunker Hills Park, Andover Station North Ball Fields and to the businesses in the area that serve the Andover residents. Note: The City applied for this same grant last year but was not selected. The grants over the past few years have been very competitive due to lack of funds. If the project receives funding from the DNR, the surveying will be done in the fall of 2010 and design would be done over the winter months next year (2010-2011) with construction anticipated to start in late spring or early summer of 20 11. BUDGET IMPACT This is a matching grant with the DNR. If approved, funding will have to be determined by the City Council at the recommendation of the Finance Director. ACTION REQUIRED The City Council is requested to approve the attached resolution. Respectfully C--- ~acP - Todd H s Attachments: Resolution & Location Map CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -10 MOTION by Councilmember to adopt the following: WHEREAS, the City of Andover supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Grant Program, The application is to construct about 2007 feet of paved trail for the Andover Station North Trail Connection System. The trail system is located in Section 27. Township 32. Ranqe 24 , and WHEREAS, the City of Andover recognizes the fifty (50) percent match requirement for the Local Trail Connections Grant Program, and has secured the matching funds. NOW, THEREFORE, BE IT RESOLVED, if the City of Andover is awarded a grant by the Minnesota Department of Natural Resources, the City of Andover agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Andover will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Andover names the fiscal agent for the City of Andover for this project as: Jim Dickinson City Administrator/Finance Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 BE IT FURTHER RESOLVED, the City of Andover hereby assures the Andover Station North Trail Connection will be maintained for a period of no less than 20 years. Adopted by the City Council of the City of Andover this 16th day of February, 2010, CITY OF ANDOVER ATTEST: Michael R. 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Berkowitz, City Engineer/Director of Public FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Approve Resolution/lO-6/2010 Parks & Trails Legacy Grant Program/Andover Station North Trail Connection - Engineering DATE: February 16,2010 INTRODUCTION This item is in regard to approving a resolution supporting the grant application that will be made to the Minnesota Department of Natural Resources for the Parks & Trails Legacy Grant Program. The grant submittal will be for the potential of constructing a new trail from Kensington Estates ih Addition development area to the Parkside at Andover Station development area and to the Andover Station North Ball Field Facility. Attached is the resolution. DISCUSSION The grant opportunity is being available from the Park and Trails Legacy Grant Program in which the Minnesota Department of Natural Resources is responsible for overseeing. The funding became available as part of the constitutional amendment that was approved in the general election in 2008. Staff is recommending the same trail segment also be applied for as part of this grant application with hope that maybe this application or the other MNDNR Trail Connection grant would be approved. The project scope has not changed from the other grant opportunity and will include the same types of uses for biking, walking, and running. By constructing this segment, the trail will provide more opportunities so area residents can have a safer access to the regional facilities such as Anoka County Bunker Hills Park, Andover Station North Ball Fields and to the businesses in the area that serve the Andover residents. If the project receives funding from the DNR, the surveying will be done in the fall of 2010 and design would be done over the winter months next year (2010-2011) with construction anticipated to start in late spring or early summer of2011. BUDGET IMPACT This grant opportunity is reimbursed up to 75 percent of the total eligible project costs. If approved, the remaining funding will have to be determined by the City Council at the recommendation of the Finance Director. ACTION REQUIRED The City Council is requested to approve the attached resolution. Respectfully submitted, T!:rft~~ J Attachments: Resolution & Location Map CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -10 MOTION by Councilmember to adopt the following: WHEREAS, the City of Andover supports the grant application made to the Minnesota Department of Natural Resources for the Parks and Trails Legacy Grant Program. The application is to construct about 0,38 of a mile of paved trail for the Andover Station North Trail System. The trail system is located in Section 27 , Township 32, Ranqe 24 , and WHEREAS, the City of Andover recognizes the twenty five (25) percent match requirement for the Parks and Trails Legacy Grant Program, and has secured the matching funds. NOW, THEREFORE, BE IT RESOLVED, if the City of Andover is awarded a grant by the Minnesota Department of Natural Resources, the City of Andover agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Andover will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Andover names the fiscal agent for the City of Andover for this project as: Jim Dickinson City Administrator/Finance Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 BE IT FURTHER RESOLVED, the City of Andover hereby assures the Andover Station North Trail Connection will be maintained for a period of no less than 20 years, Adopted by the City Council of the City of Andover this 16th day of February , 2010. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk . -- CD ....0. IDeo 1)2: "0..... 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"'..~.... 1>~' "Y" ;:;1" atC ~ 1\ . a a ' '" ; i ,I....') ." I' . . '@ 1 \ >;. ... .. ..~"':. % i I-~ ~ ,;? !J ~ \ 1m 1: Ia'LANDIo'. ULAND ST - . ." ,. ~v" IdO ~ , '~ ~.. f::t.. ~ ~ .. me i:; 0. \ ,~, l ~ ,l,/;I;; ,lll:l;l~ ,\,'\* ; gjW. iF. 'h/~ ,I ~\\ ~8 C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US ~~~r TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Director David D. Berkowitz, City Engineer/Director of Public Works-O;:>~ FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Receive Acknowledgement Letter from BWSR/LRRWMO & CCWD Boundary Changes/09-28 - Engineering DATE: February 16, 2010 INTRODUCTION This item is in regards to receiving a letter/order from the Minnesota Board of Water and Soil Resources (BWSR) acknowledging the proposed changes that need to be made for the boundary between the Lower Rum River WMO and the Coon Creek Watershed District. DISCUSSION Attached is a letter and order from the Minnesota Board of Water and Soil Resources. As discussed with the City Council in August 2009, the boundary needed to be changed based on land that has been found to be clearly outside the Coon Creek Watershed District that drains to the Lower Rum River WMO boundaries. There also was land that has been found to be outside the Lower Rum River WMO that should be in the Coon Creek Watershed District. Attached is the revised map that identifies the new boundaries. The Lower Rum River WMO, Coon Creek Watershed District and the Anoka County Dept. of Property records and Taxation have been notified of the changes in the boundary. ACTION REOUIRED No action is necessary as this was an update for the City Council. Respectfully submitted, ~~ ./ .,/ Attachments: Letter dated December 18, 2009 from BWSR and Order dated December 16,2009, Updated LRRWMO/CCWD boundary map./" .... <:).'1";(.2,;8.'': . ".-_c__..._'..__...,.,..:.;;,...._' -. . " -" ~ta MEMORANDUM o 'I Wa1er&SOI ' Resources , -- December 18, 2009 HAND DELIVERED TO: Mark Ritchie, Secretary Of State I - FR: Travis Germundson, Water Management Specialist PH: (651)297-4958 RE: Order, Boundary Change for Coon Creek Watershed District PmsuanttoMinn. Stat. S 1 03B.215, S1.+bd. 4, item d, a certified copy of the MinnesotaBoard of Water and Soil Resources Findings ofI1act, Conclusions and Qrder, four pages, dated December 16, 2009, which 'changes the boundary of the Coon Creek Watershed District, including attachments of eight maps, is , hereby enclosed for filing.' . .. Please contact me if you have any questions, Enclosure (to all listed) cc: Jodie Raymond, Anoka County Dept. of Property Records and Taxation Chris Lord,Anoka Conservation District Manager Mike Gamache, City of Andover Mayor Tim Kelly, Coon Creek Watershed District Administrator Steve Jankowski, Lower Rum River Water Management Organization; Chair Jim Haertel, Melissa Lewis, BWSR Bemkfji Brmirerd DU/llth FI.!J:gu!t hJ/ls M"rshl1ll Nl.'ulf/lm Rlldlestcr S(/Jill Awl 701 Mimlesota Avenue 1601 Minnesota Drive 394 S, Lake Avenue l004f'rol)tier Trail 1400 E, Lyon Suee< 261 Highway 15 S. 2300 Silver Cre~k 520 Lafayette Road N.., Suite 234 Brainerd, MN 56401 Room 403 Fergus Fans, MN 56537 Box 267 New Uhrt. MN 56073 Road N.E. SainrPaul. MN55155 Bemidji, MN 56601 phone (218) 828'2383 Duluth. MN 55802 phone (218) 736-5445 Marshai!. MN 56258 phone (507) 359.6074 Rochester, MN 55906 phone (651)}96-3767 phone (218) 755.4235 fa~ (218) 821H036 pholle (218) 723.4752 fax (218) 736-7215 pholle (507) 537-6060 fa., (507) 359-6018 phone (507) 281.7797 fa,' (651) 29M615 fax (218) 755-4201 fax (218) 723-4794 fa. (507) 537-6368 fax (507j 285..7144 Web:..www .bwsr .state.lUn.us TTY: (800) 62B529 An equal opportunity employer @lPrinted on r~cycled paper . . , ORDER .' The Board hereby orders that the bt;mndaries of the Coon CreekWatershed District"are changed per the Petitiqn as depicted on the eight maps, attached to this Order and made a part hereof, iricluding the data sets the maps were createdfrom. The Board strongly recommends the Lower. Rum River Watershed Management Organization take immediate action to change its organizational bound,ary consistent with this Order. . . pated at Saint Paul, Minnesota this I & 'If>: dai of December, 2009. ' MINNESOTA BOARD OF WA'I:ERAND SOIL RESOURCES i ~f~ 1 By: R.nd IV,",," Charr I 1 i I I 1 I I I I [ , , ! > = =- ~A Q " i cu "ll1i ~ ~ t:::l.., a o~~'.2 C" 0 ..... 0....... _. '. 00 T~ ~ . . -~ ~ ~o ~ ~ ~ ~ ,... ::l. ~ <0 " 2! ill m !l ~ trj., - m """ _ '" s: s: ^ ~ 11> ,. "'. " .. .. o ~ - ;:;: T~ ~" < :>' m ~" ". m'-l =- Ffi <iT " m Z ..... z.." ,. '" .'" ~ ~ '" C ~ , z 0 ~ s: J: _ moo 0 m gj o. " z -< " '" ~ '" ". .., :;0 N o 0" , ~ - - , PJ 0 ~ _<< ~ ... ~ -.;:,::'. . (J) ~" mp,,_ < - 0 L ~. ___" '" 0 _..w " '" 0 " ,),~ ~ ,~ON~ ... 0 "" ___ m ~< ""'" ~ -'C " '"~n" ,'~.. ~ /lJ11 rim II ~~~]n'11 ~~ ~:::~"';" ..... m n 'iii , e, 6F=' '7E~,,", :;;: o ~T_ = ( _.. . o fffiJ "" ~ :_.. "l ~J I ~f~ , ~ ~I \'I:l ci ~ :::::. ~ " , c III ;bJt:lU _. " - ~(q~ II f-.l-1..' ~~ ON"~W,," o . , U ~ .... ~ . . ~ h: :::!;!( IC= ~~ ";:'H'",,O .., ~ ~- I ~ ~_ ~ " -." " . .""-~ '=,- '. ...., ~ j ~ ~"#'':I'Yt llPc , , · ~ 00 y Co ::;,;;~: : ~ 0;' -, . '~ J:2>'J r:' 0''''''''7,'W - "-, .." 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L lfOlLY~r..\1V .. . . ~D _.. ' '. " " '. -.. '. ""_u .. ;; . ."' . ", . 'l: 1:: I~ l. \ \ J, =W=","-,,"" . " . ,;.'. .. ,~ - --.. · · ^, " . J. 11 JJ., ._.... ". ~>'. . n ~ II~ ::...~,. .... '.,'. '.. ~ ,.. c'T lh" "T d, ~. '_'" '. .' -' ", ".LDL""ll GJ 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US To: Mayor and Council Members CC: Jim Dickinson, City Administrator s/City Engineer~ David Berkowitz, Director of Public From: Kameron Kytonen, Natural Resources Technician Subject: Approve Declaration of Encroachment Easement, Conditions and Covenants/09-31/Meadow Creek Estates Rain Garden Project- Engineering Date: February 16,2010 INTRODUCTION The City received a grant from the Coon Creek Watershed District (CCWD) to help facilitate a water quality improvement project in the Meadow Creek Estates development on the west side of Crooked Lake. The money will be used for the construction of 4 rain gardens. DISCUSSION There are a total of 3 property owners involved in this project. The rain gardens will be installed in the city right-of-way and on private property. The property owners will be required to maintain the rain gardens, which includes but is not limited to weeding, watering the plant material and litter containment. Construction will begin this spring. To ensure maintenance will be upheld, formal agreements (Declaration of Encroachment Easement, Conditions and Covenants) that are tied to the property and recorded with the county need to be executed by the applicable property owners and the City. BUDGET IMPACT The estimated total cost of the project is $15,000. The grant is in the amount of $7,000, which will be used to pay for construction of the rain gardens and for the plant material. The grant request will be matched through in-kind services, which includes time spent on the project by city staff (including the value of equipment usage) and volunteers. ACTION REOUESTED It is requested that the City Council approve the agreements (Declaration of Easement, Conditions and Covenants) for the Meadow Creek Estates Rain Garden Project. Attachments: Declaration of Encroachment Easement, Conditions and Covenants V DECLARATION OF ENCROACHMENT EASEMENT, CONDITIONS AND COVENANTS This Declaration is made effective as of , 2010, by and between the City of Andover, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, MN 55304 (hereinafter "City"), and Lori Hudalla, 13363 Jonquil Street NW, Andover, MN 55304 (hereinafter "Owner"). RECITALS A. Owner is the owner of certain real property located at 13363 Jonquil Street NW in the City of Andover, County of Anoka, State of Minnesota, with a Property Identification Number of 33-32-24-33-0015 (hereinafter "Property"). B. City is the owner of a certain right-of-way in front of the Property (hereinafter "Right-of-Way"). C. Owner intends to install a rain garden (hereinafter "Improvements"), as approved by the City, which may encroach into the Right-of-Way. D. City has agreed to grant the following encroachment easement to Owner, (the "Easement") for the installation and maintenance of the Improvements, subject to certain covenants as more fully set forth below. PROVISIONS 1. The City here by grants to Owner a non-exclusive ea ement for encroachment into the Right-of-Way for the purposes of installing and maintaining the Improvements, as approved by the City, 2. Notwithstanding the granting of this encroachment easement, the City reserves the right, and shall continue to have the right, to access the Right-of-Way to excavate, repair, construct or maintain any public improvements within the Right-of-way. 3. rt is understood and agreed to by the parties that the Right-of-Way area into which the Improvements may encroach (hereinafter "Improved Area") may need periodic maintenance including, but not limited to, removing deposited sediment, weeding, pruning and litter clean-up, all of which shall be the responsibility of Owner. 4. If Owner fails to maintain the Improved Area, or if the City, in its sole discretion, deems the maintenance of the Improved Area to be inadequate, the City may provide written demand upon Owner to perform the necessary maintenance of the Improved Area, setting forth the date by which said maintenance IS to be completed. If the Improved Area remaJ.IlS unacceptable to the City after the deadline set forth in the demand to complete the maintenance, the City may then perform the necessary maintenance and assess the Owner for the costs thereof. 5. In the event the Property is abandoned or vacant, or if Owner repeatedly fails to maintain the Improved Area, the City may terminate the Encroachment Easement upon ten (10) days written notice to Owner. 6. Owner hereby covenants and agrees that Owner will not permit or allow any mechanic or materialman's liens to be placed on the Improved Area. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Improved Area, Owner shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 7. In consideration of the City's consent and approval to the encroachment into the Right-of-way, Owner hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Owner, or its successors in interest's installation, use or maintenance of the Improvements. Furthermore, the City shall not be held responsible for any damage to the Improvements as a result of the City exercising its rights as set forth in paragraph 2 above. Exceptions to this would be snow plow damage, which is covered in the City's Snow Removal and Ice Control Policy and private utility company's damage, which is covered in the City's Right of Way Management Program. The City may require evidence of insurance from Owner to cover the indemnification required herein. 8. Notwithstanding the fact that the word 1l0wner" , as used in this Declaration, identifies a particular individual or individuals, in the event the property is transferred, the acquiring property owner shall assume all rights and obligations of the original Owner as set forth in this Declaration. As a result, the provisions of this Declaration shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of the owners of the Property described herein, their successors and assigns, as well as any other party acquiring title to all or any portion of the Property, or any interest therein, whether by operation of law or otherwise, 9. Owner agrees that the City has the ongoing and continuous right to record this Declaration or a Memorandum evidencing this Agreement, at the City's sole discretion and expense, in the public records of the county in which the Property is located. Owner agrees to execute such documents as may be necessary to accomplish such recordation. 10. If any provision of this Declaration shall be detennined by any court or govemmental agency to be invalid or unenforceable, the remainder of this Declaration and the application of such provision to other persons or circumstances shall not be affected thereby, and shall remam enforceable to the greatest extent permitted by law. II. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 12. Any notice required or pennitted to be given in accordance with the terms of the Declaration may be given by fIrst class u.S. Mail, postage prepaid, ovemight courier or by personal service, to the other party at the above address, or at such other address as either party, or their successors or assigns, may hereafter designate to the other party in writing. CITY OF ANDOVER By: Michael R. Gamache, Mayor By: Jim Dickinson, City Clerk STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _day of 2010, by Michael R. Gamache and Jim Dickinson to me known to be respectively the Mayor and City Clerk of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public OWNER: ~4 Lori Hudalla . STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ~regomg mstnnn=t was acknowledged befo'e me this JR'itday of 2010, by Lori Hudalla. , . ~14flhrJfr::J!(J~ e MICHELLE L. HARTNER N ary Public ,~, ~ Notary Public , ",/f/ Minnesoia My CommissfOn Expjr~s January 31,2010 ~. -...... This instrument was drafted by: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, MN 55303 (763) 427-8877 DECLARATION OF ENCROACHMENT EASEMENT, CONDITIONS AND COVENANTS This Declaration is made effective as of , 2010, by and between the City of Andover, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, MN 55304 (hereinafter "City"), and Gary Nereson and Gayle Nereson, husband and wife, 13415 Heather Street NW, Andover, MN 55304 (hereinafter collectively referred to as "Owner"). RECITALS A. Owner is the owner of certain real property located at 13415 Heather Street NW in the City of Andover, County of Anoka, State of Minnesota, with a Property Identification Number of 33-32-24-33-00 16 (hereinafter "Property"). B. City is the owner of a certain right-of-way in front of the Property (hereinafter "Right-of-Way"). C. Owner intends to install a rain garden (hereinafter "Improvements"), as approved by the City, which may encroach into the Right-of-Way. D. City has agreed to grant the following encroachment easement to Owner, (the "Easement") for the installation and maintenance of the Improvements, subject to certain covenants as more fully set forth below. PROVISIONS 1. The City hereby grants to Owner a non -exclusive easement for encroachment into the Right-of-Way for the purposes of installing and maintaining the Improvements, as approved by the City. 2. Notwithstanding the granting of this encroachment easement, the City reserves the right, and shall continue to have the right, to access the Right-of-Way to excavate, reparr , construct or maintain any public improvements within the Right-of-way. 3. It is understood and agreed to by the parties that the Right-of-Way area into which the Improvements may encroach (hereinafter "Improved Area") may need periodic maintenance including, but not limited to, removing deposited sediment, weeding, pruning and litter clean-up, all of which shall be the responsibility of Owner. 4. If Owner fails to maintain the Improved Area, or if the City, in its sole discretion, deems the maintenance of the Improved Area to be inadequate, the City may provide written demand upon Owner to perform the necessary maintenance of the Improved Area, setting forth the date by which said maintenance IS to be completed. If the Improved Area remains unacceptable to the City after the deadline set forth in the demand to complete the maintenance, the City may then perform the necessary maintenance and assess the Owner for the costs thereof. 5. In the event the Property is abandoned or vacant, or if Owner repeatedly fails to maintain the Improved Area, the City may terminate the Encroachment Easement upon ten (10) days written notice to Owner. 6. Owner hereby covenants and agrees that Owner will not permit or allow any mechanic or materialman's liens to be placed on the Improved Area. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Improved Area, Owner shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 7. In consideration of the City's consent and approval to the encroachment into the Right-of-way, Owner hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attomey's fees and court costs, which may arise as a result of Owner, or its successors in interest's installation, use or maintenance of the Improvements. Furthermore, the City shall not be held responsible for any damage to the Improvements as a result of the City exercising its rights as set forth in paragraph 2 above. Exceptions to this would be snow plow damage, which is covered in the City's Snow Removal and Ice Control Policy and private utility company's damage, which is covered in the City's Right of Way Management Program. The City may require evidence of insurance from Owner to cover the indemnification required herein. 8. Notwithstanding the fact that the word "Owner", as used in this Declaration, identifies a particular individual or individuals, in the event the property is transferred, the acquiring property owner shall assume all rights and obligations of the original Owner as set forth in this Declaration. As a result, the provisions of this Declaration shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of the owners of the Property described herein, their successors and assigns, as well as any other party acquiring title to all or any portion of the Property, or any interest therein, whether by operation of law or otherwise. 9. Owner agrees that the City has the ongoing and continuous right to record this Declaration or a Memorandum evidencing this Agreement, at the City's sole discretion and expense, in the public records of the county in which the Property is located. Owner agrees to execute such documents as may be necessary to accomplish such recordation. 10. If any provision of this Declaration shall be determined by any court or govemmental agency to be invalid or unenforceable, the remainder of this Declaration and the application of such provision to other persons or circumstances shall not be affected thereby, and shall remaln enforceable to the greatest extent permitted by law. II. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 12, Any notice required or permitted to be given in accordance with the terms of the Declaration may be given by fIrst class U.S. Mail, postage prepaid, ovemight courier or by personal service, to the other party at the above address, or at such other address as either party, or their successors or assigns, may hereafter designate to the other party in writing. CITY OF ANDOVER By: Michael R. Gamache, Mayor By: Jim Dickinson, City Clerk STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _day of 2010, by Michael R. Gamache and Jim Dickinson to me known to be respectively the Mayor and City Clerk of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public OWNER: /<7 C~ :',"/"7 .-,' .,'/ -" ..--"' ,,", ~ --G~Z~O~ b~~ Gayl ereson ' STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) /J~he ~oregoing instrument was acknowledged before me this:2(/ (..... day of ~ 2010, by Gary Nereson and Gayle Nereson. a ,/I~~ LA 'a, \ Notary Publi' ~ "DANA LYNN PEITSO .,.. ,,' ,NOiARY PUBLlC',M1NNESOiA , I.Iy CommIsSion Explrel Jan, 31. 2011 , ,... ..UAAAAANlN'o/a _> ,~:.";'v4.-/\(~MJ't/VV1<tY~-.,,...----- This instrument was drafted by: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, MN 55303 (763) 427-8877 DECLARATION OF ENCROACHMENT EASEMENT, CONDITIONS AND COVENANTS This Declaration is made effective as of , 2010, by and between the City of Andover, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, MN 55304 (hereinafter "City"), and James Seeman and Cheryl Seeman, husband and wife, 13609 Heather Street NW, Andover, MN 55304 (hereinafter collectively referred to as "Owner"). RECITALS A. Owner is the owner of certain real property located at 13609 Heather Street NW in the City of Andover, County of Anoka, State of Minnesota, with a Property Identification Number of 33-32-24-32-0023 (hereinafter "Property"). B. City is the owner of a certain right-of-way in front of the Property (hereinafter "Right-of-Way"). C. Owner intends to install a rain garden (hereinafter "Improvements"), as approved by the City, which may encroach into the Right-of-Way. D. City has agreed to grant the following encroachment easement to Owner, (the "Easement") for the installation and maintenance of the Improvements, subject to certain covenants as more fully set forth below. PROVISIONS 1. The City hereby grants to Owner a non-exclusive asement for encroachment into the Right-of-Way for the purposes of installing and maintaining the Improvements, as approved by the City. 2. Notwithstanding the granting of this encroachment easement, the City reserves the right, and shall continue to have the right, to access the Right-of-Way to excavate, repair, construct or maintain any public improvements within the Right-of-way. 3. It is understood and agreed to by the parties that the Right-of-Way area into which the Improvements may encroach (hereinafter "Improved Area") may need periodic maintenance including, but not limited to, removing deposited sediment, weeding, pruning and litter clean-up, all of which shall be the responsibility of Owner. 4. If Owner fails to maintain the Improved Area, or if the City, in its sole discretion, deems the maintenance of the Improved Area to be inadequate, the City may provide written demand upon Owner to perform the necessary maintenance of the Improved Area, setting forth the date by which said maintenance is to be completed. If the Improved Area remains unacceptable to the City after the deadline set forth in the demand to complete the maintenance, the City may then perform the necessary maintenance and assess the Owner for the costs thereof. 5. In the event the Property is abandoned ,or vacant, or if Owner repeatedly fails to maintain the Improved Area, the City may terminate the Encroachment Easement upon ten (10) days written notice to Owner. 6. Owner hereby covenants and agrees that Owner will not permit or allow any mechanic or materialman's liens to be placed on the Improved Area. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Improved Area, Owner shall take all steps necessary to see that it is removed within thirty (30) days of its being ftled. 7. In consideration of the City's consent and approval to the encroachment into the Right-of-way, Owner hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Owner, or its successors in interest's installation, use or maintenance of the Improvements. Furthermore, the City shall not be held responsible for any damage to the Improvements as a result of the City exercising its rights as set forth in paragraph 2 above. Exceptions to this would be snow plow damage, which is covered in the City's Snow Removal and Ice Control Policy and private utility company's damage, which is covered in the City's Right of Way Management Program. The City may require evidence of insurance from Owner to cover the indemnification required herein. 8. Notwithstanding the fact that the word "Owner", as used in this Declaration, identifies a particular individual or individuals, in the event the property is transferred, the acquiring property owner shall assume all rights and obligations of the original Owner as set forth in this Declaration. As a result, the provisions of this Declaration shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of the owners of the Property described herein, their successors and assigns, as well as any other party acquiring title to all or any portion of the Property, or any interest therein, whether by operation of law or otherwise. 9. Owner agrees that the City has the ongoing and continuous right to record this Declaration or a Memorandum evidencing this Agreement, at the City's sole discretion and expense, in the public records of the county in which the Property is located. Owner agrees to execute such documents as may be necessary to accomplish such recordation. 10. If any provision of this Declaration shall be determined by any court or govemmental agency to be invalid or unenforceable, the remainder of this Declaration and the application of such provision to other persons or circumstances shall not be affected thereby, and shall remain enforceable to the greatest extent permitted by law. 11. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 12. Any notice required or permitted to be given in accordance with the terms of the Declaration may be given by fIrst class U.S. Mail, postage prepaid, ovemight courier or by personal service, to the other party at the above address, or at such other address as either party, or their successors or assigns, may hereafter designate to the other party in writing. CITY OF ANDOVER By: Michael R. Gamache, Mayor By: Jim Dickinson, City Clerk STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _day of 2010, by Michael R. Gamache and Jim Dickinson to me known to be respectively the Mayor ~d City Clerk of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public OWNER: STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ~ The foregoing instrument was acknowledged before me this g.. '5 day of h.. ,2010, by James Seeman and Cheryl Seeman. . e CHRISTOPHER WAMSLEY . ',.' NOTARY PUBLIC- MINNESOTA , My Commission ExplTesJan. 31,2012 This instrument was drafted by: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, MN 55303 (763) 427-8877 @ 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US TO: CC: FROM: David D. Berkowitz, Director of Public orks/City Engineer SUBJECT: Order Improvement/Order & Approve Plans & Specs/09-34/Traffic Signal/Hanson Blvd. NW & 133rd Ave. NW - Engineering DATE: February 16, 2010 INTRODUCTION The City Council is requested to order the improvement, direct the preparation of plans and specifications and approve final plans and specifications for Project 09-34, Traffic Signal at Hanson Boulevard NW & 133rd Avenue NW. DISCUSSION Anoka County Highway department with the assistance of their consultant SEH have completed the plans and specifications for a traffic signal at Hanson Boulevard NW and 133rd Avenue NW. The plan has been submitted to State Aid for review and approval. The City had identified this signal improvement in the 2008 Capital Improvement Plan which then was initiated by Anoka County in late 2009. The schedule for the project is to put the plans and specifications out for bid this spring, construction to begin in the summer of 2010 and final completion late summer 2010. The project cost is estimated at $243,328 in which the City of Andover share would be $63,531, City of Coon Rapids $119,073 and Anoka County $60,724. Both Cities would pay the ongoing maintenance and power costs for the signal. BUDGET IMP ACT The project will be funded using the City's Road and Bridge funds and recaptured through Municipal State Aid funds. ACTION REOUESTED The City Council is requested to approve the resolutions ordering the improvement, directing the preparation of plans and specifications and approving final plans and specifications for Project 09-34, Traffic Signal at Hanson Boulevard NW & 133rd Avenue NW. Respectfully submitted, ~Q~ David D. Berkowitz Attachments: Plan Set Cover Sheeti' Resolution../' ~~" ~. I ~;. 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NO, MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS AND APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO, 09-34 , FOR TRAFFIC SIGNAL AT HANSON BOULEVARD NW & 133RD AVENUE NW , WHEREAS, the City Council is cognizant of the need for the traffic signal improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of a Traffic SiQnal at Hanson Boulevard NW & 133rd Avenue NW, Project 09-43 and direct Anoka Countv/SEH to prepare the plans and specifications for such improvement project. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of February , 2010 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications, BE IT FURTHER RESOLVED by the City Council that bids will be opened on a schedule set by the Anoka County Engineer. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 16th day of February , 2010 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy Clerk G) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayonmd Councilmemb"" ~ - ~ CC: Jim Dickinroo, City Administrato< . - Will Neumeister, Community Development Directorlvd-- FROM: Courtney Bednarz, City Plann* SUBJECT: Annual Review/Temporary GreenhouselLinder's Flower Mart/22 1 8 Bunker Lake Boulevard - Planning DATE: February 16, 2010 INTRODUCTION Linder's received conditional use permit approval in 2008 for a temporary greenhouse in the Festival Foods parking lot. A condition of approval requires annual review by the City Council. DISCUSSION A letter from the applicant, site plan and greenhouse details are attached. No changes are proposed to the way the site has been operated over the past two years. The resolution approving the conditional use permit is also attached. ACTION REQUESTED The Council is asked to review the attached materials to fulfill the annual review condition of the temporary greenhouse conditional use permit. Attachments Applicant's Letter Site Plan Greenhouse Details Resolution R024-08 ~y ,ubmitto<t co_~ Cc: Caio Cella, Linder's Flower Marts 275 W. Wheelock Pkwy St. Paul, MN 55117 linder's Flower Mans 275 W. WheelMk Pkwy St Paul, MN55111 651-255-0417 Fax: ~51-255-0445 E-mail: flowermarts@~lnders.com February 2, 2010 Courtney Bednarz - City Plsl'ler City of Andover ' 1665 Crosstown Blvd. N.W. Andover, MN 55304 Dear Mr. Bednarz; Please (:,onsider this letter 01;/1' request te. renew our Conditional Use Permit for our 2010. Flower Mart at theAndo~erStation. According to our approval in 2008 thepennlt must be reviewed annually by the City of Andover. This will be our tbird y,ear a1this location. I am very happy to report that we have been very wellreceived heTe and w.e are eager to return to servicE!theclJstomerswe have earned. We have .heard many exce,lIentcomments from our cust0mers here regarding Lindel's coming to Andover Station and our quality, selection, C!;lstomer service and warranties. We are planning to locate in the same position as in 2009. This location worked very well and had little Or no imPllct to the traffic flow in the lot I'm sure that if anything, it had a 900d effect on the traffic through the lot Our selling period for 2010 will be the same as in 2009; from mid April thrlJ mid July. and we will besetting up aecording to the same schedule as last year.. As in the past: we ,Will abide With all of the other provisions In the original agreement We are eager.to continue being an excellent addition to the City of Andover and feel that we are dOihg a very .goOd job here and compliment the Center's selection of retailers. www.Unders,<;om We hopeAhat we will again have an exciting spring seasonlle.re. I have attached d{agrams of the Flower Mart as it will be in 2010. If tllere is anything else We ne,ed to do please eontMt me at 612-685-7993. We are eager to return and be a part of providing Andover area residents with employment and plant materials to beautify their properties and gardens. Sincerely, Caio Cella Division Manager - Flower Mart .....".. .." I ~ ;:,~i I "'...l c. ~ ~ I" .~ 1 i4rX i. g " i I . ./ ~ ; / U I" , , '. , , t"" , " ',;;m 0 .' i,.J ., !! i l;*~' g , , :~ ~ ".,.-~ 0. '" ~ ?:$ I ~!, \~ :: ,,:t~l: .~:~ . ~,.:t!J :a f 0 .... ~ : :: t .; !""'Il . ~ ~ ~_ . .. '. ".'-' '" E-< . . ., :~ t 1 I L.~ ~ ;J Ft.t.~ '\ I, "{~':l 0 ". J j~' !' '. fu' r'" p,:. ~ : ',; ~ ~ :~ ii ~ ~ ! 1 " . , ~} !( <.J~' 'I il: lL~, , I " : f \ ;: ",I/' . ". I " " " 'r I \, H l- ii j j, :! i! I ~!3:1 )J IY'\ . : r:Z W .j %ci .~ _ " "':> , " I '; ; i..,j i ,1 i fro, i X l. !!F3 j , ,i:;;:;; ~ ", UJ : I i I g I "~ ~ ": : , i 151 [ I g~ a< H . t ;; ~ CQ ; ~ ~.h; ,.....l :: ;! ; t , !' \ ~ <:C " i ~ {~. ~t \. f.- t) ',; . r ~ ~ J~r ',~ H :~ ~ ~ ~ .... til r " i; , ::s ; ,llj . ~ ~... i I ~ i~ '. :: u ..; . )/ !, Ii* Ii " y~ ~, , " ~; ~"'" '"-.-.....,.,. . ...... ' ~"l!" " ......., .. "'\. 't '.' 0 \0 ~ ~ N :::!. ~ .... ~ " .<::: '? '" Ul " OJ) '" c: @ - x W () '" ::> - o - r.n ~ I' '"'d ii :: C ~ N c 05 ~ ..c: 0.0 <.i ..- i~ ~ NlfJ ....... a ...... r.n OJ ..- ~ ~ I '"'d 8 ~ N 0 .- CQ t-- <- ~ ~ <'l ~ 't "'0 ~ Q Q ~ ;... "; ~ > .lIIa4 ... ~ ~ ~ ~ ~ ...~ I ~ ~ ~ ~ > t: Q .,.. "'0 ~ = < CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R024-08 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUESTED BY ANDOVER STATION LLC FOR OUTDOOR DISPLAY, STORAGE, AND SALES IN THE GB- GENERAL BUSINESS ZONING DISTRICT IN ANDOVER STATION, LEGALLY DESCRIBED AS: Lot 1, Block 1, Andover Marketplace 2nd Addition, Anoka County, Minnesota (PIN 34-32-24-32- 0028) WHEREAS, Andover Station LLC has requested approval on behalf of Linder's Greenhouses, Garden Center & Flower Marts of a conditional use permit for a "Flower Mart" greenhouse operation in the parking lot of Andover Station, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-14-6 Conditional Uses, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional ' Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for outdoor display, storage, and sales, subject to the following conditions: 1) The greenhouse operation shall conform in size and scale with the materials submitted with the Conditional Use Permit Applicl;I.tion dated February 15th, 2008. 2) The Flower Market operation shall operate only between April 1 st and July 31 st subject to annual review by the City Council. 3) Hours of operation shall be from 8:00 AM to 8:00 PM. 4) All signage relating to the proposal shall require a sign permit from the City. 5) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14-6. Adopted by the City Council of the City of Andover on this 18th day of March, 2008. CITY OF ANDOVER ATTEST: ~ 1J..tL- Victoria V olk, City Clerk @ 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Amended and Restated Joint Powers Agreement for a Coalition of Metropolitan Communities - North Metro Mayors Association DATE: December 15,2009 INTRODUCTION In an effort to help member cities save money on product and service purchases, the North Metro Mayors Association explored over the past 6 months the potential of creating a Central Purchasing Program to do so. DISCUSSION On December 15, 2009 the Andover City Council approved a Joint Powers Agreement for the Central Purchasing Program identifying that the City of Andover would participate. Attached to this staff report is an overview of benefits summary that outlines the basic description of the Central Purchasing Program and the potential benefits for a member city to participate. Upon review of the current North Metro Mayors Joint Powers Agreement, legal counsel assisting the NMMA has recommended that the organization amend and restate the joint powers agreement to clear up any potential concerns that the current joint powers agreement may be too limiting to allow the NMMA to initiate a central purchasing program. Attached for your review and approval is the new "Amended and Restated Joint Powers Agreement for a Coalition of Metropolitan Communities" that the NMMA Board authorized at its January Board meeting subject to legal review and recommendation to then be circulated to all member cities for approval. Also included for your reference is a strike-through and underline version of the original joint powers agreement. ACTION REOUESTED The Andover City Council is requested to approve the attached "Amended and Restated Joint Powers Agreement for a Coalition of Metropolitan Communities" - Attachments North Metro Mayors Association Central Purchasing Program Overview of benefits The North Metro Mayors Association developed a Central Purchasing Program to help program participants save money on products and services purchased by its members, In addition to cost savings, members will realize time and efficiency benefits as time-consuming negotiations on products offered in the program are handled by program staff. Following is a description of the major benefits ofthe program: Simple and transparent operations . North Metro Mayors Association will work with a panel of purchasing agents from program participants to identify products and services to include in the program. . Use formal bid process where required and pursuant to State Statutes . NMMA will negotiate terms, and sometimes, pricing with vendors on behalf of program participants. Terms will include a purchasing "code of conduct" to ensure appropriate relationships with vendors and purchasers that meet public standards. . Some items will be negotiated as a "group buy". NMMA will aggregate the volumes to be purchased and negotiates a price available to all members. For other items, program participants will negotiate prices based on their volumes with that vendor. . Program participants will make purchases from selected vendors and will provide documentation of purchases to NMMA so NMMA can calculate dividends to be paid to program participants. . Based on product or service volumes purchased, vendors will provide a dividend to the program. . NMMA will provide a quarterly dividend to participating NMMA members net of program administration fees. Dividend will be calculated by NMMA, based on the volume of goods or services purchased by NMMA member. CV Vendor delivers goods as usual Member .. Vendor ~ Submits P,O Vendor and pays for go ds Provides Information to NMMA on goods Services purchase Pays dividend to NMMA members net of management fees . Cost savings and greater ease in purchasing . The program will identify products and services used in sufficient volume by members where negotiating with vendors based on higher aggregate volumes will yield savings, . NMMA will handle the negotiations of complex product and service offerings making it easier on program members. . The program will provide program participants with the comfort of knowing that experienced negotiators are working on their behalf. Easy to participate and no obligation . To participate, all that is required is to become a signatory to the Joint Powers Agreement and to identify a representative to become trained in how to access the benefits, . Participation in the program does not change the way members purchase. Decisions on what to buy and when are always up to the participant . There is no cost to participate in this program and participants may decide to meet all, some, or none of their purchasing requirements through the program at any time. e JOINT POWERS AGREEMENT CENTRAL PURCHASING PROGAM This Joint Powers Agreement (Agreement) is by and between the undersigned Member (hereinafter the "MemberJl) and collectively the Members (hereinafter the "Members") pursuant to Minnesota law. WHEREAS, Members have a common need to reduce their tax levies, operating budgets and related expenditures for various purchases of products and services used on behalf of their respective constituents; WHEREAS, the undersigned Member believes that by making combined purchases while hiring the North Metro Mayors Association (hereinafter the "Association") to manage its 'Central Purchasing Program' (hereinafter the "Program"), they will be able over time to achieve significant savings on selected product and services purchased, while complying with state laws and regulations; WHEREAS, the Association is both a joint powers organization, under Minn. Stat Minn, Stat 9 471.59, and a 501 (c.) (6) Non-profit corporation and its Board of Directors shall annually appoint a Central Purchasing Management Committee, comprised of six (6) city managers and/or city administrators for purposes of Program oversight and operational authority as set forth herein; WH.EREAS, Minn. Stat 9 471.59, and as amended from time to time, provides for the joint exercise of common or similar powers by governmental units and also provides that anyone governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; WHEREAS, the undersigned Member and collectively the Members agree to hire the Association to function as manager for the Program; NOW THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the Members hereto, it is agreed as follows: 1. Purpose. The Members agree that they have joined together for the purpose of establishing the Program for purposes of purchasing selected products and/or services and which Program shall be operated under the management and administration of the Association. The Association shall annually appoint a six (6) Member Central Purchasing Management Committee (hereinafter the "CommitteeJl) comprised of Member city mangers/administrators whose function shall be oversight of all Program deliverables. 2. Member Definition and Delegation, The term "Member" shall mean a governmental unit as used in Minn. Stat 9 471.59, and as amended from time to time, and can include every city, county, town, school district, independent nonprofit firefighting corporation, other political subdivision of this or another state, another state, the University of Minnesota, nonprofit hospitals licensed under sections 144.50 to 144.56. rehabilitation facilities and extended employment providers that are certified by the 1 @ commissioner of employment and economic development, day training and rehabilitation services licensed under sections 245B,01 to 245B.08. and any agency of the state of Minnesota or the United States, and includes any instrumentality of a governmental unit. For the purpose of this section, an instrumentality of a governmental unit means an instrumentality having independent policy-making and appropriating authority. Subject to State law, applicable regulations and the provisions of this Agreement, the Association shall be authorized to act on behalf of the undersigned Member and collectively the Members as follows: a. Perform all required administrative and management functions specifically related to this Joint Powers Agreement Central Purchasing Program and any others that the participating Members specifically authorize from time to time; b. Establish formal bid advertising and bid opening rules and procedures; c. Designate a person or persons to perform all required administrative functions relating to the bid process; d. Collect purchase information, including quantities desired by the Member or Members for specific products and services, and e) Determine whether competitive bidding rules and regulations would be required to be followed. The Committee shall execute all contracts needed to properly structure the Program and shall have the authority to engage a management company that it deems qualified to assist in performing designated operational functions as needed to implement the overall purpose of this agreement, The Committee shall interview low-cost product and service providers and seek input from Members to determine which products or services should be included in the Program. 3. Bid and Award. The Program shall comply with all competitive bid procedures wherever required by state law. Each Member shall retain its individual authoritv to purchase or not purchase from said approved low bid vendor or offered Program unless the Member specificallv obligates itself through the issuance of a Program purchase order for said product or service. 4. Termination. This Agreement will automatically terminate on December 31, 2020. Termination may be effectuated prior to December 31, 2020, upon the majority action of the undersigned Members. No one Member may act to terminate the Agreement. A Member, after participating for a two (2) year period, may withdraw from membership by giving written notice to the Committee by October 1st of the preceding year and such termination shall be effective January 1st of the following year. 5. Code of Ethics. All Members, the Committee, the Association, and an organization hired to assist in the implementation of the Program shall be held to the highest possible standard of conflict of interest avoidance, including the absolute prohibition against receipt of any gift or gifts, or other special consideration from a potential low bid vendor. Low cost vendors will be required to certify annually that they are in compliance with the Program's Code of Ethics. 6. Representation. Each Member represents that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such Member. 2 @ 7, Miscellaneous. This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the Members hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby, This Agreement may be simultaneously executed in several counter parts. Each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the Member has caused this Agreement to be executed by its duly authorized representative or representatives as of the I~ day of~{ ~V"-\r" -r . 20~. Member "- City of _h. V\..~ c).J -t r 3 (G) STRIKETHROUGH VERSION AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR A COALITION OF METROPOLITAN COMMUNITIES THIS AGREEMENT, made and entered into by and between the cities of Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Circle Pines, Columbus, Coon Rapids, Dayton, Lexington, Mounds View, Maple Grove, Minneapolis, New Brighton, New Hope, Osseo, Ramsey, Spring Lake Park, which cities are all of the current members (hereinafter collectively referred to as the "Initial Members") of the North Metro Mayors Association, a Minnesota joint powers organization (hereinafter referred to as the "Coalition"). WHEREAS, the Initial Members are parties to the joint powers agreement that created the Coalition (hereinafter the "Original Joint Powers Agreement"); and WHEREAS, the Initial Members have determined that it is in the best interest of the public to amend the joint powers agreement of the Coalition as hereinafter set forth. NOW THEREFORE, pursuant to the authority granted by Minnesota Statutes, Section 471.59, the parties hereto agree that the Original Joint Powers Agreement is amended and restated as follows: 1) NAME OF ORGANIZATION. The parties hereby create a joint powers organization to be known as the North Metro Mayors Association (hereinafter referred to as the "Coalition"). 2) MEMBERS. Entities authorized to be parties to a joint powers agreement by Minnesota Statutes, Section 471.59 may join the Coalition as members upon approval of a majority of the Board of Directors, approval by resolution of the governing body of the entity, execution of a copy of this Agreement and filing of an executed copy of the resolution and agreement with the Coalition. 's ElCeel:ltive Direetor. 3) PURPOSE. The purpose of the Coalition is to promote transportation and economic development and to assist governmental units in providing government services and conducting government functions effectively and efficiently. 4) BOARD OF DIRECTORS. The governing body of the Coalition shall be its Board of Directors. Each member shall appoint two (2) directors. Each director shall have one (1) vote. Board Members shall hold office at the pleasure of the appointing member and shall remain in office until replaced. A majority of the Board of Directors shall constitute a quorum of the Board. 5) COMMITTEES. The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the 6) STRIKETHROUGH VERSION Coalition between Board meetings, but at all times, shall be subject to the control and direction of the Board. The Operating Committee shall meet as needed at a time and place to be determined by the Chair of the Operating Committee. The Board may establish such other committees, task forces or working groups as it deems appropriate. 6) MEETINGS. The Coalition shall meet on call of the president. the Executive Vice oresident and ChiefOneratinQ Officer or of the Operating Committee. 7) FINANCIAL MATTERS. Coalition funds may be expended by the Board. Other legal instruments shall be executed by Coalition officers with authority granted by the Board. The Board shall have no authority to expend funds in excess of the Coalition funds or incur any debt. The financial contribution of the members in support of the Coalition shall be per capita for members determined annuallv bv the Board. Each of the members shall, by February 2nd of each year, pay to the Coalition an amount as annually determined by the Board Coalition based on the most recent Metropolitan Council population estimates. The Board may authorize changes in the per capita charge member assessment for all members upon majority vote. The annual member assessment levy shall be determined by October 1st of the preceding year. The Board may receive financial contributions from counties. non-nrofit omanizations. private associations, entities or financial institutions. The Board may make such counties. non-nrofit orQanizations. associations, entities or institutions honorary associate members. Honorary associate members may send representatives to Board meetings, but shall not be entitled to representation on the Board or have any voting rights. 8) BYLAWS. The Board of Directors shall adopt such bylaws and procedures as it deems appropriate for the administration of the Coalition and the conduct of its meetings. Such bylaws may be adopted and amended only by a majority vote of all Board Members. 9) OFFICERS. At the first meeting of the Board of Directors in each year, the Board will elect from its members a President, a Vice President, a Treasurer and a Secretary and such other officers as it deems necessary to conduct its meetings and affairs. 10) POWERS. A. The Coalition may employ such persons as it deems necessary to accomplish its purposes. B. The Coalition may contract with any members, other governmental units or other entities to accomplish its purposes. @) STRIKETHROUGH VERSION C. The Coalition may contract for space, equipment and supplies to carry on its activities. D. The Coalition shall designate one or more national or state banks or trust companies authorized by Minnesota Statutes, Chapter 118A or 427, to receive deposit of public monies to act as depositories for the Coalition's funds. No funds may be disbursed without the signatures of two officers an authorized officer. E. The Coalition shall purchase such insurance as it deems appropriate but shall purchase liability insurance in at least the amount of potential liability for political subdivisions under Minnesota Statutes, Section 466.04. F. The Coalition may undertake programs and contract with members. and with any non-members authorized to enter into ioint powers agreements under Minnesota Statutes. Section 471.59. to provide services to those contracting parties including. but not limited to. ioint purchasing of supplies. other products. equipment and services: provided. however. that the Coalition may provide such services to individual members or to non-members only when the program is self-supporting and will not result in any non-participating member incurring expenses or in expenditure of any of the Coalition funds derived from membership contributions. 11) WITHDRAWAL. Any member may withdraw from the Coalition effective on January 1 of any year by giving written notice to the Coalition President of the Board prior to October 15 of the preceding year. 12) TERMINATION. The Coalition shall be dissolved if less than three (3) members remain, or by mutual signed agreement of all of the members. Upon termination, remaining assets of the Coalition shall be distributed to the members still remaining at the time of termination, pro rated according to their respective contributions for the year of termination. 13) NOTICES. All notices or other communications required to be given to the Coalition President shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid. 14) AMENDMENTS. This Agreement may be amended and become effective only by written agreement entered into by all members in good standing. 15) MULTIPLE EXECUTION. This Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with Sarah M. Eppard,the Executive DirectorVice @ STRIKETHROUGH VERSION President and Chief Oneratinl! Officer, North Metro Mayors Association, ~ Edinbrook Crossing1000 Westl!ate, Suite #5, Brooklyn Park 201. 81. Paul, MN 55113.55114. 16) EFFECTIVE DATE. This Agreement shall be in full force and effect upon receipt by Sarah M. Eppard,the Executive DircctorVice President and Chief Oneratinl! Officer, North Metro Mayors Association, 8525 Edinbrook Crossing1000 Westl!ate, Suite ~ Brook1YR Park 201. St. Paul, MN 55113,55114. of an executed copy hereof, along with a copy of a certified resolution of the governing bodies of each of the Initial Members authorizing such execution and delivery. Upon receipt of all such documents, the Original Joint Powers Agreement shall be superseded and replaced by this Agreement, and the Executive DircctorVice President and Chief Oneratinl! Officer will promptly mail a copy of the fully executed agreement to each of the Initial Members, [The remainder of this page intentionally left blank.) [Note: Signature pages deleted for this Strikethroul!h Version: trying to save a tree] @ AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR A COALITION OF METROPOLITAN COMMUNITIES THIS AGREEMENT, made and entered into by and between the cities of Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Circle Pines, Columbus, Coon Rapids, Dayton, Lexington, Mounds View, Maple Grove, Minneapolis, New Brighton, New Hope, Osseo, Ramsey, Spring Lake Park, which cities are all of the current members (hereinafter collectively referred to as the "Initial Members") of the North Metro Mayors Association, a Minnesota joint powers organization (hereinafter referred to as the "Coalition"). WHEREAS, the Initial Members are parties to the joint powers agreement that created the Coalition (hereinafter the "Original Joint Powers Agreement"); and WHEREAS, the Initial Members have determined that it is in the best interest of the public to amend the joint powers agreement of the Coalition as hereinafter set forth. NOW THEREFORE, pursuant to the authority granted by Minnesota Statutes, Section 471.59, the parties hereto agree that the Original Joint Powers Agreement is amended and restated as follows: 1) NAME OF ORGANIZATION. The parties hereby create a joint powers organization to be known as the North Metro Mayors Association (hereinafter referred to as the "Coalition"). 2) MEMBERS. Entities authorized to be parties to ajoint powers agreement by Minnesota Statutes, Section 471.59 may join the Coalition as members upon approval of a majority of the Board of Directors, approval by resolution of the governing body of the entity, execution of a copy of this Agreement and filing of an executed copy of the resolution and agreement with the Coalition. 3) PURPOSE. The purpose of the Coalition is to promote transportation and economic development and to assist governmental units in providing government services and conducting government functions effectively and efficiently. 4) BOARD OF DIRECTORS. The governing body of the Coalition shall be its Board of Directors. Each member shall appoint two (2) directors. Each director shall have one (1) vote. Board Members shall hold office at the pleasure of the appointing member and shall remain in office until replaced. A majority of the Board of Directors shall constitute a quorum of the Board. 5) COMMITTEES. The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the 1 @ Coalition between Board meetings, but at all times, shall be subject to the control and direction of the Board. The Operating Committee shall meet as needed at a time and place to be determined by the Chair of Operating Committee. The Board may establish such other committees, task forces or working groups as it deems appropriate. 6) MEETINGS. The Coalition shall meet on call of the president, the Executive Vice president and Chief Operating Officer or of the Operating Committee. 7) FINANCIAL MATTERS. Coalition funds may be expended consistent with the annual operating budget adopted by the Board. Other legal instruments shall be executed by Coalition officers with authority granted by the Board. The Board shall have no authority to expend funds in excess of the Coalition funds or incur any debt. The financial contribution of the members in support of the Coalition shall be determined annually by the Board. Each of the members shall, by February 2nd of each year, pay to the Coalition an amount as annually determined by the Board. The Board may authorize changes in the member assessment for all members upon majority vote. The annual member assessment levy shall be determined by October 1st of the preceding year. Special member assessments may be made upon Board approval by majority vote for a project and program not budgeted, however, members shall retain the right to participate in such project or program in their sole discretion. The Board may receive financial contributions from counties, non-profit organizations, private associations, entities or financial institutions. The Board may make such counties, non-profit organizations, associations, entities or institutions associate members. Associate members may send representatives to Board meetings, but shall not be entitled to representation on the Board or have any voting rights. 8) BYLAWS. The Board of Directors shall adopt such bylaws and procedures as it deems appropriate for the administration of the Coalition and the conduct of its meetings. Such bylaws may be adopted and amended only by a majority vote of all Board Members. 9) OFFICERS. At the first meeting of the Board of Directors in each year, the Board will elect from its members a President, a Vice President, a Treasurer and a Secretary and such other officers as it deems necessary to conduct its meetings and affairs. 10) POWERS. A. The Coalition may employ such persons as it deems necessary to accomplish its purposes. 2 @ B. The Coalition may contract with any members, other governmental units or other entities to accomplish its purposes. C. The Coalition may contract for space, equipment and supplies to carryon its activities. D. The Coalition shall designate one or more national or state banks or trust companies authorized by Minnesota Statutes, Chapter 118A or 427, to receive deposit of public monies to act as depositories for the Coalition's funds. No funds may be disbursed without the signatures of an authorized officer. E. The Coalition shall purchase such insurance as it deems appropriate but shall purchase liability insurance in at least the amount of potential liability for political subdivisions under Minnesota Statutes, Section 466.04. F. The Coalition may undertake programs and contract with members, and with any non-members authorized to enter into joint powers agreements under Minnesota Statutes, Section 471.59, to provide services to those contracting parties including, but not limited to, joint purchasing of supplies, other products, equipment and services; provided, however, that the Coalition may provide such services to individual members or to non-members only when the program is self-supporting and will not result in any non-participating member incurring expenses or in expenditure of any of the Coalition funds derived from membership contributions without the approval of the Board. 11) WITHDRAWAL. Any member may withdraw from the Coalition effective on January 1 of any year by giving written notice to the Coalition prior to October 15 of the preceding year. 12) TERMINATION. The Coalition shall be dissolved if less than three (3) members remain, or by mutual signed agreement of all of the members. Upon termination, remaining assets of the Coalition shall be distributed to the members still remaining at the time of termination, pro rated according to their respective contributions for the year of termination. 13) NOTICES. All notices or other communications required to be given to the Coalition shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid. 14) AMENDMENTS. This Agreement may be amended and become effective only by written agreement entered into by all members in good standing. 15) MULTIPLE EXECUTION. This Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original 3 @ and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with the Executive Vice President and Chief Operating Officer, North Metro Mayors Association, 1000 Westgate, Suite #201, St. Paul, MN 55114. 16) EFFECTIVE DATE. This Agreement shall be in full force and effect upon receipt by the Executive Vice President and Chief Operating Officer, North Metro Mayors Association, 1000 Westgate, Suite #201, St. Paul, MN 55114, of an executed copy hereof, along with a copy of a certified resolution of the governing bodies of each of the Initial Members authorizing such execution and delivery. Upon receipt of all such documents, the Original Joint Powers Agreement shall be superseded and replaced by this Agreement, and the Coalition will promptly mail a copy of the fully executed agreement to each of the Initial Members. [The remainder of this page intentionally left blank.] 4 @ CITY OF ANDOVER By: And by: CITY OF ANOKA By: And by: CITY OF BLAINE By: And by: CITY OF BROOKLYN CENTER By: And by: 5 @ CITY OF BROOKLYN PARK By: And by: CITY OF CHAMPLIN By: And by: CITY OF CIRCLE PINES By: And by: CITY OF COLUMBUS By: And by: 6 @ CITY OF COON RAPIDS By: And by: CITY OF DAYTON By: And by: CITY OF LEXINGTON By: And by: CITY OF MOUNDS VIEW By: And by: 7 @ CITY OF MAPLE GROVE By: And by: CITY OF MINNEAPOLIS By: And by: CITY OF NEW BRIGHTON By: And by: CITY OF NEW HOPE By: And by: 8 @ CITY OF OSSEO By: And by: CITY OF RAMSEY By: And by: CITY OF SPRING LAKE PARK By: And by: 9 @ (]) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Lease Agreement with Clear Wireless LLC/City Hall Water Tower (Tower 2) DATE: February 16,2010 INTRODUCTION City Administration has negotiated a lease agreement with Clear Wireless LLC for space in the City Hall Water Tower for the purpose of placing wireless communication antennas. If the agreement is approved the funds the City receives will be used to support the water utility. DISCUSSION The attached agreement with Clear Wireless LLC was a contingency of a recent CUP approval for wireless communication antenna placement on the City Hall Water Tower at 1717 Crosstown Boulevard NW. The term of the Agreement would commence upon the date Clear Wireless LLC begins construction of the Tenant Facilities or six months following the date of full execution of the agreement, whichever first occurs and shall terminate on the fifth anniversary of the commencement date unless otherwise terminated as provided by the agreement. Clear Wireless would have the right to extend the term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and conditions as set forth in the agreement. The Agreement shall automatically be extended for each successive Renewal Term unless either party notifies the other of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. The agreement calls for the payment of rent in the amount of $1,600.00 per month for the first year and the and the rent shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3%) of the rent for the previous year. The attached agreement is comparable in form and compensation with other agreements in the Twin Cities Metro area. The City Attorney has reviewed and provided comments on the Lease Agreement; those comments have been inserted into the agreement. ACTION REOUESTED The Andover City Council is requested to approve the attached resolution approving the lease agreement with Clear Wireless LLC for the purpose of placing wireless communication antennas on City Hall Water Tower at 1717 Crosstown Boulevard NW (Tower 2). "- Attachments CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A COMMUNICATION SITE LEASE AGREEMENT FOR INTERNET ANTENNA INSTALLATION WITH CLEAR WIRELESS, LLC ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. R014-1O), subject to various conditions, a conditional use permit to install a wireless antenna array on the city water tower at 1717 Crosstown Boulevard NW, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a lease agreement (Attachment A) with Clear Wireless LLC for space in the Rose Park Water Tower for the purpose of placing wireless communication antennas, and; WHEREAS, the City Attorney has reviewed and provided comments on the Lease Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site Lease Agreement with Clear Wireless LLC. Adopted by the City Council ofthe City of Andover on this 16th day of February, 2010 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk l\t-tn(hW\I'nt A SITE NAME SITE NUMBER: COMMUNICATION SITE LEASE AGREEMENT (WATER TANK) THIS COMMUNICATION SITE LEASE AGREEMENT ("Agreement") dated and is effective as of , 2010, is between Clear Wireless LLC, a Nevada limited liability company ("Clearwire" or "Tenant"), and the City of Andover, a municipal corporation ("Owner" or "Landlord"). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ("Land") and a water tank ("Water Tank") located in the City of Andover, County of Anoka, State of Minnesota, commonly known as 1717 Crosstown Boulevard (PIN: 22-32-24-41-0004). The Water Tank and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Clearwire and Clearwire leases from Owner approximately 50 square feet of space in and/or on the Water Tank and all access and utility easements necessary or desirable therefore (collectively, "Premises") as may be described generally in Exhibit B annexed hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defmed in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Use. 3.1 The Premises may be used non-exclusively by Tenant for any lawful activity in cOITllection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 3.2 Tenant agrees that the following priorities of use shall apply in the event of communication interference or other conflicts while this lease is in effect and that Tenants's use shall be subordinate accordingly: a. Landlord; b. Public safety agencies, including law enforcement, fire and ambulance services that are not part of the landlord; 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities (as defmed in Paragraph 6 below) or six (6) months following the Effective Date, whichever fIrst occurs ("Term Commencement Date") and shall terminate on the fIfth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for fIve (5) successive fIve (5) year periods ("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless either Clearwire Communication Tower Agreement - 1 - v.5-22-06 SITE NAME SITE NUMBER: party notifIes the other of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 5. Rent. Within fIfteen (15) business days following the Term Commencement Date and on the fIrst day of each month thereafter, Tenant shall pay to Landlord as rent ONE THOUSAND SIX HUNDRED and 00/100 Dollars ($1,600.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at 1685 Crosstown Blvd. Nw, Andover, Minnesota 55304; Attention:Finance. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. Rent shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3%) of the Rent for the previous year. 6. Improvements. 6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, electronic equipment, transmitting and receiving anteITllas, microwave dishes, anteITllas and equipment, a power generator cOITllection, and supporting equipment and structures therefore ("Tenant Facilities"). In cOITllection therewith, and upon receipt of Landlords written permission, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and transmission lines cOITllecting anteITllas to transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fIxtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. 6.2 Upon the expiration or earlier termination of this Agreement, Tenant shall, not less than sixty (60) days from the termination of this Agreement or the effective date of notice, remove those Improvements required to be removed by Tenant and shall restore the Property from which they have been removed to its condition at the commencement of the Term. Prior to the Commencement Date, Tenant, at its sole cost and expense, will procure and deliver to Landlord an irrevocable letter of credit or removal bond in favor of Landlord in the principal amount of Ten Thousand and 00/100 Dollars ($10,000.00) to secure Tenant's obligation to remove the Improvements. Said letter of credit will be in a form and from a fmancial institution acceptable to Landlord. In the event Tenant fails to remove the Improvements required to be removed within the time or times provided, Landlord may do so. Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord to remove the Improvements and restore the Property. Landlord may draw from the letter of credit or bond so much thereof as will reimburse Landlord for its costs. Any amount remaining will be refunded to Tenant. If the letter of credit is insufficient to cover Landlord's costs, Tenant shall promptly pay to Landlord the defIciency. 7. Water Tank Repairs. Maintenance and Painting. Upon ninety (90) days prior written notice, Landlord may perform routine modifIcations, repainting or maintenance (the "Work") of the Water Tank subject to this Agreement. Upon receipt of such notifIcation, Tenant shall decide, in its sole discretion and after consulting with Landlord, which of the following options shall be used. (i) Option I: Shortly before the date upon which the Work is to commence, Tenant, at its sole expense, shall place a temporary anteITlla array on a Cell Site on Wheels ("COW") parked on the Land at a mutually agreeable location. Tenant shall then remove the Tenant Facilities, including its anteITllas from the Water Tank and the Work shall proceed. Once the Work is completed, Tenant, at its sole expense, shall then reattach the anteITllas on the Water Tank at the same location such anteITllas were located on the Water Tank prior to the performance of the Work. The anteITllas shall then be painted by Landlord at Landlord's expense to match the newly painted Water Tank, if applicable. (ii) Option 2: Landlord shall perform the Work with the Tenant Facilities in place. 8. Temporary Interruption of Service. If Landlord determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety, Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such order. Service shall be discontinued only Clearwire Communication Tower Agreement - 2- v.5-22-06 SITE NAME SITE NUMBER: for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of the Tenant Facilities. 9. Mechanic's Liens. Tenant agrees to pay promptly for any authorized improvements made by Tenant to the Premises. Tenant hereby covenants and agrees that Tenant will not permit or allow any mechanic or materiahnan's liens to be placed on the Premises. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Premise, the Tenant shall take all steps necessary to see that it is removed within thirty (30) days of its being fIled. 10. Access and Utilities. 10.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant. Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Land, and such right and easement may be described generally in Exhibit B. 10.2 Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 10.3 Tenant shall be responsible for providing and maintaining, at its own expense, any and all metered utilities necessary for the operation of Tenant's intended purposes on the Premises. 11. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifIcations are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 12. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or this Agreement. 13. Termination. 13.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days ofreceipt of written notice of default, except that this Agreement shall not be terminated ifthe default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice. 13.2 This Agreement may also be terminated by Tenant without further liability on thirty (30) days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certifIcate, license, permit, authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing, Clearwire Communication Tower Agreement - 3- v.5-22-06 SITE NAME SITE NUMBER: maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose. 14. Non-Waiver. The failure of the Landlord to insist, in anyone or more instances, upon a strict performance of any of the terms, convents and conditions of this lease, shall not be construed as a waiver, or a relinquishment for the future, of such term, covenant or condition, but the same shall continue and remain in full force and effect. The receipt by the Landlord of rent with knowledge of a breach in any of the terms, covenants or conditions of this lease to be kept or performed by the Tenant shall not be deemed a waiver of such breach and the Landlord shall not be deemed to have waived any provision of this lease unless expressed in writing and signed by the Landlord. 15. Destruction or Condemnation. If the Premises are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condenmation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-fIve (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 16. Insurance: Subrogation: and Indemnity. Insurance. (a) General Liability. Tenant shall maintain an occurrence form commercial general liability insurance coverage. Such coverage shall include, but not be limited to, bodily ~ury, property damage _ broad form, and personal ~ury, for the hazards of Premises/Operation, broad form contractual liability, independent contractors, and products/completed operations. Tenant shall maintain aforementioned commercial general liability coverage with limits of liability not less that $2,000,000 each occurrence; $2,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfIed by commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Tenant Property Insurance. Tenant shall keep in force during the Term and any Renewal Term a policy covering damages to its Tenant Facilities at the Property. The amount of coverage shall be sufficient to replace the damaged Tenant Facilities, loss of use and comply with any ordinance or law requirements. (c) Hazardous Materials Coverage. Tenant must carry coverage for damage caused by Hazardous Materials. (d) Excess Liability. Tenant shall maintain an excess or umbrella liability policy with a combined single limit of $5,000,000.00 per occurrence. (e) The insurance policies noted in this Section (10) shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the state of Minnesota, and the liability policies that Tenant is required to maintain pursuant to this Agreement shall name the Landlord as an additional insured. The insurance polices shall provide that the Tenants's coverage shall be the primary coverage in the event of a loss. A certifIcate of insurance evidencing all insurance that Tenant is required to maintain pursuant to this Agreement, together with an endorsement that names Landlord as an additional insured under the liability policies that Tenant is required to maintain pursuant to this Agreement, must be provided to the Landlord before Tenant, or any party acting on Tenant's behalf or at Tenant's behest, enters the Property for the purpose of constructing or placing any Tenant Facilities or related material on the Property. The CertifIcate(s) shall also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Landlord. Clearwire Communication Tower Agreement - 4- v.5M22~06 SITE NAME SITE NUMBER: 16.1 Landlord and Tenant shall each indenrnifY, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indeumifYing party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indeumifYing party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 16.1 shall apply as of the Effective Date ofthis Agreement and survive the termination ofthis Agreement. 17. Assignment. Tenant will not assign, transfer, mortgage or encumber this Lease or sublet or rent or permit occupancy or use of the Premises, or any part thereof by any third party, without obtaining the prior written consent of Landlord, which shall not be uureasonably withheld, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fIfty-one percent (51%) or more of its stock or assets upon notice of the same to Landlord; nor shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise without the prior written consent of Landlord. The consent by Landlord to any assignment or subletting shall not be construed as a waiver or release of Tenant from the terms of any covenant or obligation under this Lease, nor shall the collection or acceptance of rent from any such assignee, subtenant or occupant constitute a waiver or release of Tenant of any covenant or obligation contained in this lease, nor shall any such assignment or subletting be construed to relieve Tenant from obtaining the consent in writing of Landlord to any further assignment or subletting. Landlord's rights to assign this lease are and shall remain unqualifIed. No assignment by Landlord shall release Tenant of any of its obligations under this lease. 18. Title and Ouiet Enjoyment. 18.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 18.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord. 19. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 1.1, Landlord and Tenant shall each indeumifY, defend and hold the other harmless from and against all Losses (specifIcally including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 19 by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 19 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defIned in any applicable environmental law or Clearwire Communication Tower Agreement - 5- v.5-22-06 SITE NAME SITE NUMBER: regulation, and shall include, without limitation, any petrolemn or petrolemn products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 20. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 21. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certilled mail, return receipt requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: With a copy to: If to Landlord, to: With a copy to: Clear Wireless LLC Clear Wireless LLC Attention: Finance Scott C. Bamngartner Attn: Site Leasing Attention: Legal Department City of Andover Hawkins & Bamngartner, P.A. 4400 Carillon Point 4400 Carillon Point 1685 Crosstown Blvd NW 2140 Fourth Avenue North Kirkland, W A 98033 Kirkland, W A 98033 Andover, MN 55304 Anoka, MN 55303 Telephone: 425-216-7600 Telephone: 425-216-7600 Telephone:763-767-5115 Fax: 425-216-7900 Fax: 425-216-7900 Email: Siteleasin2:lalclearwire.com Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 22. Marking and Lighting. Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, Tenant may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord. 23. Additional Costs. Tenant shall reimburse Landlord for Landlord's reasonable engineering costs if the engineering costs are directly related to the Tenant Facilities and use of the Premises. Tenant shall also reimburse Landlord for all specifIc and identifIable legal expenses incurred by Landlord relating to the drafting and review of this Lease Agreement. It is agreed that said additional costs shall not exceed the smn of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00). 24. Miscellaneous. 24.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notiJy Tenant in advance in writing of the payee's name and address. 24.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 24.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24.4 Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. Clearwire Communication Tower Agreement - 6- v.5-22-06 SIfE NAME SITE NUMBER: 24.5 This Agreement shall be governed under law of the State in which the Premises are located, and be binding on and inure to the benefIt of the successors and permitted assignees of the respective parties. 24.6 A Memorandmn of Agreement in the form attached hereto as Exhibit C may be recorded by Tenant confIrming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. 24.7 All Exhibits referred herein are incorporated herein for all purposes. 24.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance Agreement for the benefIt of Tenant from each lender with a security interest recorded upon the title to the Site at the time of execution of this Agreement. 24.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifIcations or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. LANDLORD: TENANT: City of Andover, a municipal corporation Clear Wireless LLC, a Nevada limited liability company By: By: Name: Name: Title: Title: Date: Date: Tax J.D.: By: Name: Title: Date: Tax J.D.: Clearwire Communication Tower Agreement - 7- v.S-22-06 SIre NAME SITE NUMBER: [Notary blockfor a Corporation! STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) [Notary block for a Corporation] STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, and on oath stated that he/she was authorized to execute the instrument and acknowledged it as the City Clerk of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 8- v.5-22-06 SITE NAME SITE NUMBER: [Notary block for TenantJ STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrmnent, on oath stated that he was authorized to execute the instrmnent and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrmnent. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 9- v.5-22-06 SITE NAME SITE NUMBER: EXHIBIT A DESCRIPTION OF LAND to the Agreement dated , 2010 by and between the City of Andover, a municipal corporation, as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant. The Land is described and/or depicted as follows (metes and bounds description): PIN: 22-32-24-41-0004 A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO Clearwire Communication Tower Agreement - 10- v.5-22-06 SI1ENAME SITE NUMBER: EXIllBIT B DESCRIPTION OF PREMISES to the Agreement dated , 2010 by and between the City of Andover, a municipal corporation, as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant. The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Property's boundaries as required by the applicable goverrunental authorities. 3. The access road's width will be the width required by the applicable goverrunental authorities, including police and fire departments. 4. The type, number, mounting positions and locations of anteITllas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above and will be established pursuant to the mutual agreement of the parties hereto. 5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility company in compliance with all local laws and regulations. CleatWire Communication Tower Agreement - 11- v.5-22-06 SITE NAME SITE NUMBER: ExmBlT C COMMUNICATIONS FACILITY to the Agreement dated , 2010 by and between the City of Andover, a municipal corporation, as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant. RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Clear Wireless LLC 4400 Carillon Point Kirkland, W A 98033 Attn: Site Leasing MEMORANDUM OF AGREEMENT PIN: 22-32-24-41-0004 This MEMORANDUM OF AGREEMENT is entered into on , 2010, by City of Andover, a municipal corporation, with an address at 1685 Crosstown Blvd NW, Anodver, MN 55304 (hereinafter referred to as "Owner" or "Landlord") and Clear Wireless LLC"a Nevada limited liability company, with an address at 4400 Carillon Point, Kirkland, W A 98033 (hereinafter referred to as "Clearwire" or "Tenant"). 1. Owner and Clearwire entered into a Communication Site Lease Agreement ("Agreement") dated as of , 2010, effective upon full execution of the parties ("Effective Date") for the purpose of Clearwire undertaking certain Investigations and Tests and, upon fmding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Clearwire's tenancy under the Agreement is for fIve (5) years commencing on the start of construction of the Tenant Facilities or six (6) months following the Effective Date, whichever fIrst occurs ("Term Commencement Date"), and terminating on the fIfth anniversary of the Term Commencement Date with fIve (5) successive fIve (5) year options to renew as set forth in the Agreement. 3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as ofthe day and year fIrst written above. LANDLORD: TENANT: City of Andover, a municipal corporation Clear Wireless LLC, a Nevada limited liability company By: EXHIBIT ONLY - DO NOT EXECUTE By: EXHIBIT ONLY - DO NOT EXECUTE Name: Name: Title: Title: Date: Date: By: ExmBIT ONLY -DO NOT EXECUTE Name: Title: Date: Clearwire Communication Tower Agreement - 12- v.s~22-06 SITE NAME SITE NUMBER: {Notary block for a Corporation] STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) [Notary blockfor an Corporation] STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, and on oath stated that he/she was authorized to execute the instrument and acknowledged it as the City Clerk of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 13- v.5-22~06 SITE NAME SITE NUMBER: [Notary blockfor Tenant] STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 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'" < ~8 h~dg~ ~~~:; (" !!illl arm )> ~ h n ~H~88d MN-MSP0304 ~d ~ .f~~< i; [0) "-I ~ ~ ~~ ~~H~~U 1717 CROSSTOWN BLVD NW ~~~ ;;; \j~~~J,"v(i j~~" ....... ~ me ~~~~5h ANDOVER MN55304 8-o~ en I ;;:[11 a. ~~ ~~i:'ii5 , ~gmcn, ~~ g <> ~ fD-< c.nw ::Ju j!! ~~ ~ c.,Y:C\:t 19 :;;::;>;:;o;o:s::<-tD ~l:o ~ \~Ly mO<<<m< ~ ~g@ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and CounciImembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Lease Agreement with Clear Wireless LLC/Rose Park Water Tower (Tower 1) DATE: February 16, 2010 INTRODUCTION City Administration has negotiated a lease agreement with Clear Wireless LLC for space in the Rose Park Water Tower for the purpose of placing wireless communication antennas. If the agreement is approved the funds the City receives will be used to support the water utility. DISCUSSION The attached agreement with Clear Wireless LLC was a contingency of a recent CUP approval for wireless communication antenna placement on the Rose Park Water Tower at 14055 Rose Street NW. The term of the Agreement would commence upon the date Clear Wireless LLC begins construction of the Tenant Facilities or six months following the date of full execution of the agreement, whichever first occurs and shall terminate on the fifth anniversary of the commencement date unless otherwise terminated as provided by the agreement. Clear Wireless would have the right to extend the term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and conditions as set forth in the agreement. The Agreement shall automatically be extended for each successive Renewal Term unless either party notifies the other of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. The agreement calls for the payment of rent in the amount of $1,200.00 per month for the first year and the and the rent shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3%) ofthe rent for the previous year. Clear Wireless further acknowledges that it is the City of Andover's intention to demolish the Water Tank after five years from the Term Commencement Date. The City will have the right, after the fifth (5th) anniversary of the Commencement Date, to require Clear Wireless, at their own sole cost and expense, to relocate their Tenant Facilities to a new premises or tower in Rose Park and upon at least twelve (12) months prior written notice. The provisions at that time are outlined in section 6.3 of the agreement, but any relocation of the Tenant Facilities must follow the City of Andover's conditional use permit (CUP) process. If the relocation remains in Rose Park, any future rental funds received by the City would then be dedicated to improvements of Rose Park. The attached agreement is comparable in form and compensation with other agreements in the Twin Cities Metro area. The City Attorney has reviewed and provided comments on the Lease Agreement; those comments have been inserted into the agreement. ACTION REOUESTED The Andover City Council is requested to approve the attached resolution approving the lease agreement with Clear Wireless LLC for the purpose of placing wireless communication antennas on Rose Park Water Tower at 14055 Rose Street NW (Tower 1). Attachments CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A COMMUNICATION SITE LEASE AGREEMENT FOR INTERNET ANTENNA INSTALLATION WITH CLEAR WIRELESS, LLC ON THE CITY WATER TOWER LOCATED AT 14055 ROSE STREET NW WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. R013-lO), subject to various conditions, a conditional use permit to install a wireless antenna array on the city water tower at 14055 Rose Street NW, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a lease agreement (Attachment A) with Clear Wireless LLC for space in the Rose Park Water Tower for the purpose of placing wireless communication antennas, and; WHEREAS, the City Attorney has reviewed and provided comments on the Lease Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site Lease Agreement with Clear Wireless LLC. Adopted by the City Council of the City of Andover on this 16th day of February, 2010 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk I\tt~c k '^"(?~ + ~ SITE NAME SITE NUMBER: COMMUNICATION SITE LEASE AGREEMENT (WATER TANK) THIS COMMUNICATION SITE LEASE AGREEMENT ("Agreement") dated and is effective as of , 2010, is between Clear Wireless LLC, a Nevada limited liability company ("Clearwire" or "Tenant"), and the City of Andover, a municipal corporation ("Owner" or "Landlord"). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ("Land") and a water tank ("Water Tank") located in the City of Andover, County of Anoka, State of Minnesota, commonly known as 14055 Rose Street (PIN: 32-32-24-12-0072). The Water Tank and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Clearwire and Clearwire leases from Owner approximately 50 square feet of space in and/or on the Water Tank and all access and utility easements necessary or desirable therefore (collectively, "Premises") as may be described generally in Exhibit B annexed hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defmed in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Use. 3.1 The Premises may be used non-exclusively by Tenant for any lawful activity in cOITllection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 3.2 Tenant agrees that the following priorities of use shall apply in the event of communication interference or other conflicts while this lease is in effect and that Tenants's use shall be subordinate accordingly: a. Landlord; b. Public safety agencies, including law enforcement, fire and ambulance services that are not part of the landlord; 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities (as defmed in Paragraph 6 below) or six (6) months following the Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fIfth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for fIve (5) successive fIve (5) year periods ("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless either Clearwire Conununication Tower Agreement - [- v.5-22-06 SITE NAME SITE NUMBER: party notifIes the other of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 5. Rent. Within fIfteen (15) business days following the Term Commencement Date and on the frrst day of each month thereafter, Tenant shall pay to Landlord as rent ONE THOUSAND TWO HUNDRED and 00/100 Dollars ($1,200.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end ofthe Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at 1685 Crosstown Blvd. Nw, Andover, Minnesota 55304; Attention:Finance. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. Rent shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3%) of the Rent for the previous year. 6. Improvements. 6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, electronic equipment, transmitting and receiving anteITllas, microwave dishes, anteITllas and equipment, a power generator cOITllection, and supporting equipment and structures therefore ("Tenant Facilities"). In cOITllection therewith, and upon receipt of Landlords written permission, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and transmission lines cOITllecting anteITllas to transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fIxtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. 6.2 Upon the expiration or earlier termination of this Agreement, Tenant shall, not less than sixty (60) days from the termination of this Agreement or the effective date of notice, remove those Improvements required to be removed by Tenant and shall restore the Property from which they have been removed to its condition at the commencement of the Term. Prior to the Commencement Date, Tenant, at its sole cost and expense, will procure and deliver to Landlord an irrevocable letter of credit or removal bond in favor of Landlord in the principal amount of Ten Thousand and 00/100 Dollars ($10,000.00) to secure Tenant's obligation to remove the Improvements. Said letter of credit will be in a form and from a fInancial institution acceptable to Landlord. In the event Tenant fails to remove the Improvements required to be removed within the time or times provided, Landlord may do so. Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord to remove the Improvements and restore the Property. Landlord may draw from the letter of credit or bond so much thereof as will reimburse Landlord for its costs. Any amount remaining will be refunded to Tenant. If the letter of credit is insufficient to cover Landlord's costs, Tenant shall promptly pay to Landlord the defIciency. 6.3 Tenant acknowledges that it is Landlord's intention to demolish the Water Tank after fIve years from the Term Commencement Date. Landlord shall have the right, after the fIfth (5th) anniversary of the Commencement Date, to require Tenant, at Tenant's sole cost and expense, to relocate the Tenant Facilities to a new premises or tower on the Land upon at least twelve (12) months prior written notice, provided that (i) the relocated premises shall be at least three hundred (300) square feet in size, (ii) Tenant reasonably consents to the new location, (iii) Tenant will be able, with reasonable efforts, to maintain or obtain all necessary licenses, permits or approvals, (iv) no material interference or degradation to Tenant's use of the Tenant Facilities will result, and (v) Tenant shall be able to locate a temporary communications facility on the Land, including receiving all necessary licenses, permits or approvals. Any relocation of the Tenant Facilities, as contemplated herein, must follow the City of Andover's conditional use permit process. Upon relocation of all or a portion of the Tenant Facilities, all references in this Agreement to the Premises shall be deemed to include the altemate site. In the event any of the above conditions are not satisfIed, Tenant shall have the right to terminate this Agreement upon ninety (90) days prior written notice to Landlord. 7. Water Tank Repairs. Maintenance and Painting. Upon ninety (90) days prior written notice, Landlord may perform routine modifIcations, repainting or maintenance (the "Work") of the Water Tank subject to Clearwire Communication Tower Agreement - 2- v.5-22-06 SITE NAME SITE NUMBER: this Agreement. Upon receipt of such notifIcation, Tenant shall decide, in its sole discretion and after consulting with Landlord, which of the following options shall be used. (i) Option 1: Shortly before the date upon which the Work is to commence, Tenant, at its sole expense, shall place a temporary anteITlla array on a Cell Site on Wheels ("COW") parked on the Land at a mutually agreeable location. Tenant shall then remove the Tenant Facilities, including its anteITllas from the Water Tank and the Work shall proceed. Once the Work is completed, Tenant, at its sole expense, shall then reattach the anteITllas on the Water Tank at the same location such anteITllas were located on the Water Tank prior to the performance of the Work. The anteITllas shall then be painted by Landlord at Landlord's expense to match the newly painted Water Tank, if applicable. (ii) Option 2: Landlord shall perform the Work with the Tenant Facilities in place. 8. Temporary Interruption of Service. If Landlord determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety, Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of the Tenant Facilities. 9. Mechanic's Liens. Tenant agrees to pay promptly for any authorized improvements made by Tenant to the Premises. Tenant hereby covenants and agrees that Tenant will not permit or allow any mechanic or materiahnan's liens to be placed on the Premises. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Premise, the Tenant shall take all steps necessary to see that it is removed within thirty (30) days of its being fIled. 10. Access and Utilities. 10.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant. Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Land, and such right and easement may be described generally in Exhibit B. 10.2 Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 10.3 Tenant shall be responsible for providing and maintaining, at its own expense, any and all metered utilities necessary for the operation of Tenant's intended purposes on the Premises. 11. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifIcations are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 12. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or this Agreement. 13. Termination. Clearwire Communication Tower Agreement - 3- v.5-22-06 SITE NAME SITE NUMBER: 13.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice. 13.2 This Agreement may also be terminated by Tenant without further liability on thirty (30) days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certifIcate, license, permit, authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing, maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose. 14. Non-Waiver. The failure of the Landlord to insist, in anyone or more instances, upon a strict performance of any of the terms, convents and conditions of this lease, shall not be construed as a waiver, or a relinquishment for the future, of such term, covenant or condition, but the same shall continue and remain in full force and effect. The receipt by the Landlord of rent with knowledge of a breach in any of the terms, covenants or conditions of this lease to be kept or performed by the Tenant shall not be deemed a waiver of such breach and the Landlord shall not be deemed to have waived any provision of this lease unless expressed in writing and signed by the Landlord. 15. Destruction or CondeITillation. If the Premises are damaged, destroyed, condeITilled or transferred in lieu of condeITillation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condeITillation or transfer in lieu of condeITillation by giving notice to Landlord no more than forty-fIve (45) days following the date of such damage, destruction, condeITillation or transfer in lieu of condeITillation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 16. Insurance: Subrogation: and Indenmity. Insurance. (a) General Liability. Tenant shall maintain an occurrence form commercial general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage - broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual liability, independent contractors, and products/completed operations. Tenant shall maintain aforementioned commercial general liability coverage with limits of liability not less that $2,000,000 each occurrence; $2,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfIed by commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Tenant Property Insurance. Tenant shall keep in force during the Term and any Renewal Term a policy covering damages to its Tenant Facilities at the Property. The amount of coverage shall be sufficient to replace the damaged Tenant Facilities, loss of use and comply with any ordinance or law requirements. (c) Hazardous Materials Coverage. Tenant must carry coverage for damage caused by Hazardous Materials. (d) Excess Liability. Tenant shall maintain an excess or umbrella liability policy with a combined single limit of $5,000,000.00 per occurrence. (e) The insurance policies noted in this Section (10) shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the state of Minnesota, and the liability policies that Clearwire Communication Tower Agreement - 4- v.5-22-06 SITE NAME SITE NUMBER: Tenant is required to maintain pursuant to this Agreement shall name the Landlord as an additional insured. The insurance polices shall provide that the Tenants's coverage shall be the primary coverage in the event of a loss. A certifIcate of insurance evidencing all insurance that Tenant is required to maintain pursuant to this Agreement, together with an endorsement that names Landlord as an additional insured under the liability policies that Tenant is required to maintain pursuant to this Agreement, must be provided to the Landlord before Tenant, or any party acting on Tenant's behalf or at Tenant's behest, enters the Property for the purpose of constructing or placing any Tenant Facilities or related material on the Property. The CertifIcate(s) shall also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Landlord. 16.1 Landlord and Tenant shall each indeITrnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indenmifying party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 16.1 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 17. Assignment. Tenant will not assign, transfer, mortgage or encumber this Lease or sublet or rent or permit occupancy or use of the Premises, or any part thereof by any third party, without obtaining the prior written consent of Landlord, which shall not be uureasonably withheld, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fIfty-one percent (51 %) or more of its stock or assets upon notice of the same to Landlord; nor shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise without the prior written consent of Landlord. The consent by Landlord to any assignment or subletting shall not be construed as a waiver or release of Ten ant from the terms of any covenant or obligation under this Lease, nor shall the collection or acceptance of rent from any such assignee, subtenant or occupant constitute a waiver or release of Tenant of any covenant or obligation contained in this lease, nor shall any such assignment or subletting be construed to relieve Tenant from obtaining the consent in writing of Landlord to any further assignment or subletting. Landlord's rights to assign this lease are and shall remain unqualifIed. No assignment by Landlord shall release Tenant of any of its obligations under this lease. 18. Title and Ouiet Enjoyment. 18.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 18.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Ten ant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord. 19. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 1.1, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of Clearwire Communication Tower Agreement - 5 - v.5~22-06 SITE NAME SITE NUMBER: any representation or warranty made in this Paragraph 19 by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 19 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defmed in any applicable environmental law or regulation, and shall include, without limitation, any petrolemn or petrolemn products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 20. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 21. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certifIed mail, return receipt requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: With a copy to: If to Landlord, to: With a copy to: Clear Wireless LLC Clear Wireless LLC Attention: Finance Scott C. Bamngartner Attn: Site Leasing Attention: Legal Department City of Andover Hawkins & Bamngartner, P.A. 4400 Carillon Point 4400 Carillon Point 1685 Crosstown Blvd NW 2140 Fourth A venue North Kirkland, WA 98033 Kirkland, W A 98033 Andover, MN 55304 Anoka, MN 55303 Telephone: 425-216-7600 Telephone: 425-216-7600 Telephone:763-767-5ll5 Fax: 425-216-7900 Fax: 425-216-7900 Email: SiteleasinQc@clearwire.com Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 22. Marking and Lighting. Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, Tenant may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord. 23. Additional Costs. Tenant shall reimburse Landlord for Landlord's reasonable engineering costs if the engineering costs are directly related to the Tenant Facilities and use of the Premises. Tenant shall also reimburse Landlord for all specifIc and identifIable legal expenses incurred by Landlord relating to the drafting and review of this Lease Agreement. It is agreed that said additional costs shall not exceed the smn of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00). 24. Miscellaneous. 24.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant in advance in writing of the payee's name and address. 24.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. Clearwire Communication Tower Agreement - 6- v.5-22-06 SITE NAME SITE NUMBER: 24.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24.4 Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. 24.5 This Agreement shall be governed under law of the State in which the Premises are located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 24.6 A Memorandmn of Agreement in the form attached hereto as Exhibit C may be recorded by Tenant confrrming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. 24.7 All Exhibits referred herein are incorporated herein for all purposes. 24.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance Agreement for the benefIt of Tenant from each lender with a security interest recorded upon the title to the Site at the time of execution of this Agreement. 24.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifIcations or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date frrst above written. LANDLORD: TENANT: City of Andover, a municipal corporation Clear Wireless LLC, a Nevada limited liability company By: By: Name: Name: Title: Title: Date: Date: Tax J.D.: By: Name: Title: Date: Tax J.D.: I Clearwire Communication Tower Agreement - 7- v.5-22-06 SITENAJ\.1E SITE NUMBER: {Notary blockfor a Corporation} STATE OF ) ) ss. COUNTY OF ) I certifY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrmnent, on oath stated that he was authorized to execute the instrmnent and acknowledged it as the Mayor of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrmnent. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) [Notary block for a Corporation] STATE OF ) ) ss. COUNTY OF ) I certifY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrmnent, and on oath stated that he was authorized to execute the instrmnent and acknowledged it as the City Clerk of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrmnent. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 8- v.5-22-06 SITE NAME SITE NUMBER: {Notary block for Tenant{ STATE OF ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 9- v.5~22-06 SITE NAME SITE NUMBER: EXHIBIT A DESCRIPTION OF LAND to the Agreement dated , 2010 by and between the City of Andover, a municipal corporation, as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant. The Land is described and/or depicted as follows (metes and bounds description): PIN: 32-32-24-12-0072 A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO Park, Northglen, City of Andover, Anoka County, Minnesota. Clearwire Communication Tower Agreement - 10- v.5-22-06 SITE NAME SITE NUMBER; EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated , 2010 by and between the City of Andover, a municipal corporation, as Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant. The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fIre departments. 4. The type, nmnber, mounting positions and locations of anteITllas and transmission lines are illustrative only. The actual types, nmnbers, mounting positions and locations may vary from what is shown above and will be established pursuant to the mutual agreement ofthe parties hereto. 5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility company in compliance with all local laws and regnlations. Clearwire Conununication Tower Agreement - 11 - v.5-22-06 SITE NAME SITE NUMBER: EXHIBIT C COMMUNICATIONS FACILITY to the Agreement dated , 2010 by and between the City of Andover, a municipal corporation, as Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant. RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Clear Wireless LLC 4400 Carillon Point Kirkland, W A 98033 Attn: Site Leasing MEMORANDUM OF AGREEMENT PIN: 32-32-24-12-0072 This MEMORANDUM OF AGREEMENT is entered into on , 2010, by City of Andover a municipal corporation, with an address at 1685 Crosstown Blvd NW, Anodver, MN 55304 (hereinafter referred to as "Owner" or "Landlord") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400 Carillon Point, Kirkland, W A 98033 (hereinafter referred to as "Clearwire" or "Tenant"). 1. Owner and Clearwire entered into a Communication Site Lease Agreement ("Agreement") dated as of , 2010, effective upon full execution of the parties ("Effective Date") for the purpose of Clearwire undertaking certain Investigations and Tests and, upon fmding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Clearwire's tenancy under the Agreement is for fIve (5) years commencing on start of construction of the Tenant Facilities or six (6) months following the Effective Date, whichever first occurs ("Term Commencement Date"), and terminating on the fIfth anniversary of the Term Commencement Date with fIve (5) successive fIve (5) year options to renew as set forth in the Agreement. 3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year fIrst written above. LANDLORD: TENANT: City of Andover, a municipal corporation Clear Wireless LLC, a Nevada limited liability company By: EXHIBIT ONLY - DO NOT EXECUTE By: EXHIBIT ONLY - DO NOT EXECUTE Name: Name: Title: Title: Date: Date: By: EXHIBIT ONLY - DO NOT EXECUTE Name: Title: Date: Clearwire Communication Tower Agreement - 12- v.5-22-06 SITE NAME SITE NUMBER: [Notary block for a Corporationl STATE OF ) ) ss. COUNTY OF ) I certifY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrmnent, on oath stated that he was authorized to execute the instrmnent and acknowledged it as the Mayor of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrmnent. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) [Notary blockfor a Corporation} STATE OF ) ) ss. COUNTY OF ) . I certifY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrmnent, and on oath stated that he was authorized to execute the instrmnent and acknowledged it as the City Clerk of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrmnent. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 13- v.5-22-06 SITE NAME SITE NUMBER: [Notary blockfor Tenant] STATE OF ) ) ss. COUNTY OF ) I certiJY that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrmnent, on oath stated that he was authorized to execute the instrmnent and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrmnent. 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N ~~ j; ~ C;>lD:t>~ .... )> ~ Z ~_ (1)(.) Ql:I en '" o (g Q:Q:o -Ic m)> <. ;0 AI e ~ ~ ~ m Q ( .. z s. - ~ ~g gggm ~(I).:n -Igg CB CD (Il po C'l~ .Pg:e 5:s CD )> ~ ~ ~ ~~ ~~~o ~ MN-MSP0422 hiL;; R~\ '" ~~ ~ Q) I z CIJ !!:l::o~ ~ g 0 m Ci5 tn Z m g ,,;; 1\ ,,-<.., ........ ~ ~ ~ ~~ ~i~; ~ 14055 ROSE STREET NW n~ :;; ~:'"zt'~JJJ ~~ [< +- ~ ;; ffi~ ~u~ ANDOVER MN 55304 8~~ '" I ;:!'I g,c""[-;" ::! -1(1) , 2:i>m en '- z~ OJ tl o ~ to -< U1W ::J ~ ~ ~~ ~ Cl. 1::1 ::tl::tl::tl tlI' ~l> ~ ~ ~ ~ -< -'" C @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Re-Certification of Assessment/PIN 13-32-24-43-0004 DATE: February 16,2010 INTRODUCTION The special assessment in the amount of$3,074.78 was removed in error from the 2010 tax certification report. DISCUSSION Staffis requesting the special assessment in the amount of$388.59 be re-certified to the 2010 taxes. ACTION REOUIRED The City Council is requested to approve the attached resolution approving the re- certification of the special assessment (Project #08-37) on Parcel 13-32-24-43-0004. Respectfully submitted, ~~ Michelle Hartner Deputy City Clerk Attach: Resolution Assessment Roll CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R A RESOLUTION APPROVING RE-CERTIFICATION OF THE SPECIAL ASSESSMENT ON PIN 13-32-24-43-0004, PROJECT 08-37. WHEREAS, the special assessment in the amount of $3,074.78 was removed in error from the 2010 tax certification report; and WHEREAS, the Deputy City Clerk has requested that the special assessment in the amount of$388.59 be re-certified to PIN 13-32-24-43-0004 to the 2010 taxes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the re-certification of the special assessment on PIN 13-32-24- 43-0004 in the amount of$388.59 to the 2010 taxes. Adopted by the City Council of the City of Andover this 16th day of February , 2010. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk "'''' 0 "'~ 0> ... ...,:......: .,; ~ "'~ '" 0'" '" 0 c? c? I- '" '" '" co '" 0 "'''' '" 0 '" """:<ci 00 ci ~ "'~ '" 0 '" '" N '" '" '" ...'" '" '" "'''' '" '" '" tON cO ~ ~ "'''' '" 0 '" '" '" N '" '" '" "'''' '" '" "'0 '" co '" 000 00 ,..: ~ ...... '" '" 0 '" '" '" N '" '" '" co '" '" '" "'''' '" co lriN 00 cO ~ '" co '" co 0 '" '" 0 N .,.:: '" '" '" '" co '" '" "'''' '" 0 "' """:cci 00 .. '0 ~ ~'" '" '" 0 '" '" "l 11:11: N ~ LU- '" '" '" >1: OCl> cE ZUl 0'" '" '" <(81 ...~ '" '" u.Ul ... o::io 00 .,; O~ ~ "'''' '" 0 0 '" '" '" ~]i N .,.:: -" '" '" '" OCl> 0. en "'... 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WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administr FROM: Captain Tom Wells - Anoka County Sheriffs Office SUBJECT: Anoka County Sheriff's Department Monthly Report - Sheriff DATE: February 16, 2010 INTRODUCTION Captain Tom Wells & Crime Watch Coordinator Laura Landes from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff s Office C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304 .,(763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrato David Berkowitz, City EngineerIDirector of Public Work~::B FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Approve Community Garden Plot Application and Lease Agreement/lO-13/ engineering DATE: February 16, 2010 INTRODUCTION The City Council is requested to approve Community Garden Plot ApplicationlGuidelineslFees and Lease Agreement for the property owned by Grace Lutheran Church at the intersection of Nightingale Street NW and 151 s! Lane NW. DISCUSSION A proposed community g~den at Nightingale StreetNW and ISIS! Lane NW (Grace Lutheran Church) was reviewed with the City Council at the January 26, 2010 workshop. Based on the discussion at the workshop, the application has been modified to allow residents and individuals that live and work within the City of Andover would have the opportunity to rent the plots first. The application and fee are required by April 2nd. Otherwise starting April 5th, the garden plots will be opened for rent to the general public including those that do not live or work within City of Andover. Starting on April 26th, anyone that has already reserved a plot will be able to purchase additional plots if some are still available. As far as using smaller equipment such as rotor tillers, staffhas discussed this with the City of Coon Rapids. Coon Rapids staff indicated that since the plots were small and were tilled in the spring by the City, it was not necessary for individuals to bring their own equipment. The proposed fees for 2010 would be as follows: . $30 per year for a 10' x 15' plot . $50 per year for a 25' x 35' plot . $60 per year for a 20' x 75' plot The City would be responsible for the administration and assigning plots to residents after the application has been made and the fees have been paid. All fees for the renting of the plots collected will stay with the City to recapture the improvements costs that are needed to create the plots and the municipal water that will be used during the course of the growing season. Note: Pastor Mark Hellman recently notified staff the week of February 1st that the topsoil that they were discussing with a contractor has fallen through (couldn't get the necessary permits to dig). The church will be talking with others to see if they can fmd some topsoil somewhere else. If topsoil is not donated, the city will make arrangements to purchase the topsoil. The original start up costs, which includes topsoil is as follows: . Water connection service parts - $2800 . Irrigation parts - $750 . Topsoil $5500 (assuming that the church is not able to receive a donation)- Delivered (city will be responsible to spread and prepare garden for planting) . Water usage - $500 of municipal water (estimating no more than about 200,000 gallons to be used Attached are the following: . Garden Plots Application/Fees . Guidelines for Happy Gardening . Proposed Lease Agreement with Grace Lutheran Church . Garden Plot Layout BUDGET IMP ACT The $10,000 will be funded by the capital equipment reserve special revenue with annual rental fees offsetting the initial startup costs and annual operational expenditures. ACTION REOUESTED The City Council is to approve the application/guidelines/fees and the lease agreement. Respectfully submitted, ~/~ Todd J. Haas . / . Attachments: Garden Plots Application, Guidelines for Happy Gardening;-Lease Agreement~d Garden Plot Layout ./ cc: Pastor Mark Hellman, Grace Lutheran Church (sent bye-mail) Ted Butler, Park and Recreation Commission Chair (sent bye-mail) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US Garden Plots Application Name of Applicant: Date: Address of Applicant: Andover, MN Zip: Telephone: Assigned Plot Number: Fee: Please return your signed application along with a check or money order (payable to City of Andover) by May 1st to the City Hall Receptionist at 1685 Crosstown Boulevard NW, Andover, MN 55304. The garden plot size that you request at the time of reservation is indicated below and can orlly be changed if any plots are still available: D Small plot (10' x 15')=$30 D Medium plot (25' x 35')=$50 D Large plot (20' x 75')=$60 Note: Current residents of Andover and individuals that currently work or are employed within the City of Andover limits will need to submit the application with the required fees by April 2nd. ~ Otherwise starting April 5th the garden plots will be opened for purchase to the general public including those that do notlive or work within City of Andover, Starting on April 26th, you may be able to additional plots if some are still available. Plots will be available for plantings May 1 st through October 15th. Water is included in the rental fee. Please keep watering to a maximum of one hour, Turn off water when you leave and do not water overnight. Gardeners must provide their own hoses, tools, and supplies, Fencing is allowed but is not provided by the City. The garden plots are assigned to you by number (see above for your plot number) and marked out with stakes. Fencing and gardening materials must be cleared out by October 20th, Any materials left behind will be removed and properly disposed of. Please place all garden debris in the compost area provided (area will be set up in the fall), On street parking on 151st Lane NW is permitted (do not park in grass or boulevard areas). Please do not park along Nightingale Street NW. Restrooms are not available at the garden site so please plan accordingly. Note: The City of Andover and Grace Lutheran Church (property owner) are not responsible for any damage to the gardens or your personal equipment/supplies. Call Todd Haas with the City of Andover at 763-767-5131 with any questions or concerns, All paid fees are final and no refunds will be issued. For additional rules, please see the attached "Guidelines to Happy gardening". I hereby state that I will agree to abide by the provisions contained in this application and in the attach,ed guidelines, Signature of Applicant: Date: H/engineering/parks/garden plots/application ,doc Date: 2/2/10 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US GUIDELINES FOR HAPPy GARDENING . WATERING - Keep watering to a maximum of one hour. Please turn off water when you leave and do not water overnight. Do ,not borrow neighbors hose without asking. . PESTICIDES -_Use of pesticides are allowed but it is the responsibility of the renter of the plot to follow all manufactures directions when using the pesticides. . UNWANTED TREES AND WEEDS - Controlling of unwanted trees and weeds are the responsibility of the renter of the plot. . EMPTY BAGSillEBRlS -_Your bags and debris must be taken home with you and disposed ofthere. . CHILDREN - Children are welcomed as it is great learning experience. However, we do ask that you keep an eye on them and try to keep them off the neighbor's vegetables. -" . DOGS - If you bring your dog with you when working in the garden, you are required to pick up after him (City Code 5). Do not allow your dog(s) to enter the neighbor's yards or leave the dog tied up so they sit and barks the entire time. . ASSIGNED LOTS - Please do not use a garden plot that is not assigned to you and do not plant outside of your assigned garden plot. Attached is a map of the gardenplots. . PARKING - On"street parking on 151st Lane NW is permitted (do not park in grass or boulevard areas). Please do not park along Nightingale Street NW. . RESTROOMS are not available at the garden site so please plan accordingly. . Fencing and gardening materials must be cleared out by October 20th. Any materials left behind will be removed and properly disposed of. Please place all garden debris in the compost area provided (area will be set up in the fall). . Please call the City Hall recei-ptionist at 763-755~5100 by January 1st if you want your lot reserved for next year. ' Mostpeople want the same lot because they put a lot of hard work into getting it weed free, Thank you for your cooperation. HAPPY GARDENING.'.' H/engineering/parks/garden plots/guidelines for happy gardening,doc GRACE LUTHERAN CHURCH LEASE THIS AGREEMENT, made this _ day of , 2010, by and between Grace Lutheran Church, a Minnesota corporation, (hereinafter "Landlord") and the City of Andover, amunicipal corporation (hereinafter "Tenant"). WITNESSETH: 1. Leased Property. The Landlord does hereby lease to Tenant a portion of the property located on Lot 1 Block 6 Woodland Estates 2nd Addition as designated on Exhibit A attached hereto and made a part hereof (hereinafter "Leased Property"). 2. Term. The term of this Lease shall commence April 1, 2010 and terminate on November 15, 2011("Term','). 3. Use of the Premises. Tenant agrees that the Leased Property shall ,be used solely for the purpose of operating a Community Garden Plot and related equipment. , 4. Rental Charge. Tenant agrees to pay as rental for the Leased Property the sum of Two and 00/100 Dollars ($2.00) to cover the entire Term of this lease. Said rental charge shall be due and payable on or before April 1, 2010. 5. Community Garden Plot. The Tenant shall have the right to install a Community Garden Plot on the Leased Property. All maintenance required on the equipment and irrigation pipe shall be the responsibility of Tenant. Tenant shall remove all of the equipment and irrigation pipe at the end of the lease Term unless an agreement has been entered into between the parties to extend the Term of this lease. Landlord shall be responsible for obtaining topsoil for the Community Garden Plot. However, if after diligent and reasonable attempts, Landlord is unable to obtain said topsoil, Landlord shall immediately advise Tenant. Upon being so advised, it shall then be Tenant's responsibility for purchasing and transporting topsoil to the site.' . 6. Improvements. The Tenant shall make no improvements to the Leased Property other than constructing the garden plot, water service and irrigation piping without the written permission of Landlord, which shall not be unreasonably withheld. 7. Maintenance. Landlord shall be responsible for keeping the Leased Property continually in a neat, clean and respectable condition. The Tenant will not be providing any portable restrooms. 8. Real Estate Taxes. Landlord shall be responsible for the payment of any and all real estate taxes that may be allocated to the Leased Property. 1 9. Community Garden Plot Rental Fees. The Tenant will be responsible for collecting for the rental of the Community Garden Plots. The Landlord will be utilizing the westerly 1/3 of the garden for their own use and will not be required to pay a rental fee. 10. Insurance. Tenant shall take out and maintain during the Term of this lease, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the operation of Ten ant's Community Garden Plot. Limits for bodily injury and death shall be not less than $300,000 for one person and $1,000,000 for any occurrence~ Limits for property damage should be not less than $100,000 for each occurrence. Landlord shall be named as additional insured on the policy and Tenant shall,filewith Landlord a certificate evidencing coverage prior to occupancy of the Leased Property. The certificate shall provide that Landlord must be given ten (10) days advance written notice of a cancellation of insurance. This certificate may not contain any disclaimer for failure to give the required notice. 11. Tenant's Covenants. Tenant covenants and agrees during the Term of this Lease: a. To pay the rent on the days and in the manner aforesaid; b. Not to cause the estate of Landlord in the Leased Property, at any time during the said Term, to become subject to any lien, charge or encumbrance as a resUlt of Tenant's use of the Leased Property, it being agreed that except as may be hereinafter specifically provided, the Tenant shall have no authority, express or implied, to create a lien, charge or encumbrance upon the estate of Landlord in the Leased Property; c. Not to make or suffer any use or occupancy of the Leased Property contrary to the purpose of the lease or any law or ordinance now in effect or hereafter enforced d. To indemnify Landlord against all claims, damages, costs and expenses, including reasonable attorney fees, lawfully or reasonably incurred for the collection" of any rentals or monies due under the .lease, or in discharging the Leased Property from any charge, lien or encumbrance caused by Tenant, or "in obtaining possession after default of Ten ant or the termination of this lease; e. To comply with all zoning and local ordinances regarding the use of the Leased Property. f. The Tenant has authorized this agreement by all necessary corporate action by the City of Andover. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and yea r first above written. 2 LANDLORD: TENANT: GRACE LUTHERAN CHURCH CITY OF ANDOVER By: By: Its: Senior Pastor Its: Mayor By: Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) This instrument was acknowledged before me on _ da~ of , 2010 by Mark Hellmann the Senior Pastor of Grace Lutheran Church, a corporation under the laws of Minnesota on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of ,2010, before me, aNotary Public Within and for said County, personally appeared Michael R. Gamache and Michelle Hartner, to me known to be the Mayor and Deputy Clerk of City of Andover, a municipal corporation under the laws of the State of Minnesota, aild that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public This instrument was drafted by: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 3 . -~ ...;... ......' ....:..:.._..I...I~............~..; ..... "II' ".'$'.1..:._:.7.' . .... ,-.._. .:.;.......... ,. C:' .....1. '. .1-._1' . . ~'. .' .... . . -.. .. II.....~...... . .' . '.. '111'.-... II. , '.1iI ';. 1111- ..... ~; . . . .. '11I) '. I. .. II '. .!li:~' _ ."{ .' ;1;1.... 'rj.II.:. II r -. I) II .... . .. ,. ...,. ,II.. II.. 11I1 II : -..; ......:.:......: . .....:...../...........11.... . -.11 ;.... ....... -.. .' .' ..11II.' 11II . III.. ..' II,' '.' .';' ._;. II.-i,. '11" .11 . '.' ~. III'" I' 11II11 .. .. / 1-"11I ..,. . ...... '. .............. 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L:... 11II', 11II_ .: II III~ -- .. Ell .1IFl I .-r..t -. ,., ... ... ..' Ir:.I I. ...'~ . ... 11II.., II' ~.' .. ....ft. I II .-.-\ f ~- '" ,J.'.1. .., {".'~ .;.') :-.> ;,to .; -. , t:- - J . . ::: ..\. I..... " .', .r , " -. ;;. '. . v- J :.. " .. ; - - - .... ,. " .- - -:L- - , -! t '0-. .;j.' ~"- ".. 0J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVER.MN,US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule March EDA meeting DATE: February 16,2010 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the March 2,2010 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Purchase Agreement/Letter of IntentJProgress Review 2. Parkside at Andover Station Update 3. TIF Project Fund Discussion - continued 4. Andover Station Maintenance Discussion 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the March 2,2010 City Council meeting. ~bmitted, -- @ 1685 CROSSTOWN BOULEVARD N,W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule March Council Workshop DATE: February 16,2010 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of March for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general March workshop have been identified as follows: 1. Fire Department Update 2. Council Goal Discussion 3. 2010 Budget Implementation Discussion 4. 2011 Budget Development Discussion 5. 2011-2015 Capital Improvement Plan Discussion 6. Other Topics Other items may be added upon Council request. ACTION REQUIRED Schedule a March Council workshop, a suggested date is March 23rd at 6:00 pm or another date and time acceptable to the Council. C I T Y 0 F @ NDOVE 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN,US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: February 16, 2010 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on crp Projects 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. - O~'\MJ C I T Y o F NDOVE DATE Februarv 16. 2010 ITEMS GIVEN TO THE CITY COUNCIL . January 2010 Fire Department Calls . PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:ISTAFFIRHONDAAIAGENDAICC L1ST.doc ANDOVER VOLUNTEER FIRE DEPARTMENT I I TOTAL CALLS FOR THE MONTH OF JANUARY 2010 I MTH YTD COUNTY CALL RESP SCENE FIREI . PRIMARY All . . INC. # DAY TIME TIME TIME EMS SHIFT REASON RES? STATION CALLS 1 1 10000028 1 12:21 12:22 12:26 EMS 0 161 YOM POSSIBLE HEART 10 1 X 2 2 10000075 2 02:28 02:31 02:35 EMS WN PI ACCIDENT 6 2 3 3 10000084 2 07:21 07:24 07:35 FIREI WD UNKNOWN FIRE 4 2 4 4 10000098 2 11:22 11:29 11:34 EMS WD 50 YOM HAVING SEIZURE 6 3 5 5 10000103 2 11:57 12:00 12:06 FIREI WD POSSIBLE CHIMNEY FIRE 19 1 X 6 6 10000151 2 20:40 20:50 21:08 FIREI WN STRONG ODOR OF NATURAL GAS 1 3 DO 7 7 10000158 2 22:56 23:06 23:08 FIREI WN HOUSE FIRE/MUTUAL AID OAK GROVE 19 2 X 8 8 10000191 3 12:40 12:41 12:46 EMS WD MALE DOWN IN STORE 9 1 9 9 10000199 3 14:21 14:22 14:29 FIREf WD CO ALARM 1 2 DO 10 10 10000263 4 10:59 11:02 11:09 EMS 0 77 YOM POSSIBLE STROKE 7 2 X 11 11 10000267 4 11:23 11:24 11:27 EMS 0 INFANT IN RESPIRATORY DISTRESS 7 1 X 12 12 10000284 4 13:41 13:50 CANC EMS 0 l!35 YOFWITH DIFFICULTY BREATHING 9 2 X 13 13 10000340 5 08:53 09:04 09:10 FIREf 0 IICOAlARM 2 1 DO 14 14 10000384 5 22:59 23:03 23:10 EMS N I MAlE WITH EXTREME BACK PAINfANXIETY 8 3 15 15 10000404 6 07:36 07:49 07:55 FIRE! 0 I PASSERBY CALLED IN FIRE/NOTHING FOUND 14 2 X 16 16 10000405 6 07:40 07:49 07:54 FIRE/ 0 CO ALARM 2 1 DO 17 17 10000431 6 16:48 16:49 16:53 EMS 0 18 YO FOUND HANGING/STARTING CPR 22 3 X 18 18 10000438 6 18:03 18:04 18:08 FIRE/ N FIRE ALARM 1 1 DO 19 19 10000440 6 18:33 18:35 18:39 FIRE! N FIRE ALARM 2 1 DO 20 20 10000495 7 13:04 13:06 13:10 EMS 0 71 YOF WIDEMENTIA MEDICAL 8 1 X 21 21 10000548 8 06:28 06:32 06:39 EMS 0 70 YOM HISTORY OF DIABETES 6 3 X 22 22 10000601 8 23:00 23:03 23:09 EMS WN 63 YOM LUNG CANCER/DIFFICULTY BREATHING 7 1 23 23 10000603 9 00:04 00:07 00:11 EMS WN 52 YOM DIFFICULTY BREATHING 9 1 24 24 10000630 9 13:47 13:49 13:52 EMS WN TEEN DOWN ON ICE/CONSCIOUS 9 3 25 25 10000647 9 20:27 20:31 20:39 FIRE/ WN NEIGHBORS HOUSE ON FIRE/CANCELLED 25 2 X 26 26 10000658 10 00:32 00:39 0:43 EMS WN 34 YOF FEU TO FlooRfBlEEDING PROFUSELY 2 3 27 27 10000678 10 10:46 10:51 10:55 EMS WO 44 YOM SEVERE HAND LACERATION 8 2 28 28 10000706 10 15:46 15:50 15:56 EMS WO 76 YOF DISLOCATED HIP 11 2 29 29 1 0000729 11 01:04 01:06 01:12 EMS WN 88 YOF UNABLE TO STANO 5 1 30 30 1 0000732 11 3:16 03:18 03:24 FIRE! WN BARN FIREfMUTUAl AID RAMSEY 12 2 X 31 31 10000758 11 14:24 14:27 14:30 EMS 0 29 YOF BLEEDING FROM MOUTH 7 1 X 32 32 10000768 11 16:13 16:14 16:21 EMS 0 ADULT FEMALE WITH KNEE INJURY FROM FALL 14 3 X 33 33 10000812 12 06:09 06:17 06:20 EMS 0 CALLER CONFUSEDfSAYS HE HAS BROKEN BACK 6 3 X 34 34 10000813 12 06:11 06:18 CANC EMS 0 81 YOM WEAKfUNABLE TO GET UP 6 1 X 35 35 10000818 12 07:48 07:49 CANC EMS 0 PI ACCIDENT 8 2 X 36 36 10000832 12 13:15 13:17 13:24 EMS 0 72 YOM HEAD INJURY AFTER FALLING/CHOKING 11 1 X 37 37 1 0000894 13 12:29 12:31 12:41 EMS 0 76 YOF HIP WENT OUT 5 2 38 38 10000917 14 18:58 19:01 19:07 EMS N LAYING ON FLOOR/CANNOT MOVE 8 3 39 39 10000945 14 09:50 09:54 09:59 EMS 0 FEMALE WEAK/COLLAPSED 5 1 X 40 40 10000965 14 17:12 17:17 17:21 FIRE! N CAR FIRE 10 2 41 41 10001008 15 10:44 10:47 CANC EMS 0 MEDICAL ALARM 19 1 X 42 42 10001010 15 10:49 10:49 10:53 FIRE! 0 HOUSE FIRE 19 1 X 43 43 10001031 15 17:00 17:02 17:07 FIRE! WN SMELL OF GAS 1 1 DO 44 44 10001048 16 23:07 23:12 23:15 EMS WN 12 YOF ATTEMPTED OVERDOSE 5 3 45 48 10001053 16 01:57 02:01 CANC EMS WN MEDICAL ALARM 9 1 46 46 10001071 16 11:24 11:26 11:30 EMS WN 62 YOF BOWlER FELUUNABLE TO SIT 10 1 47 '7 10001093 16 18:10 18:13 CANC EMS WN 39 YOF SUICIDE THREAT 10 1 48 48 10001094 16 18:25 18:27 CANC FIRE/ WN UNKNOWN FIRElPERMIT BURN 1 2 DO 49 49 10001104 16 23:07 23:09 23:12 EMS WN KNEE INJURY 7 1 50 50 10001112 17 02:12 02:14 02:17 EMS WN MALE WITH HEAD INJURY 8 1 51 51 10001123 17 10:54 11:00 CANC EMS WO DISLOCATED KNEE 5 2 52 52 10001157 17 22:40 22:43 22:51 FIRE! WN SMELL OF GAS 1 1 DO 53 53 10001166 18 01:26 01:30 01:36 EMS WN ABDOMINAL PAIN 7 1 54 54 10001181 18 10:41 10:43 10:52 FIRE/ 0 FIRE ALARM 1 1 DO 55 55 10001211 18 18:06 18:07 18:12 FIRE/ N FIRE ALARM 10 1 sa 56 10001252 19 12:28 12:31 12:34 EMS 0 51 YOF OPEN INCISION FROM KNEE SURGERY 8 1 X 57 57 10001255 19 15:05 15:07 15:10 EMS 0 CLIENT ON flOOR UNCONSCIOUS 11 3 X 58 58 10001292 20 06:11 06:17 06:24 EMS 0 67 YOF NOT BREATHING 5 1 X 59 59 10001306 20 10:03 10:05 10:10 EMS 0 20's LOW BLOOD SUGAR 24 3 X 60 60 10001317 20 12:03 12:05 12:06 EMS 0 40's YOM FELUCONDlTION DETERIATING 15 1 X 61 61 10001346 20 19:27 19:29 19:31 EMS N 88 YOF HIGH BLOOD PRESSURE 12 1 62 62 10001368 21 09:20 09:27 09:31 EMS 0 52 YOM TROUBLE BREATHING 4 3 X 63 63 10001400 21 19:35 19:43 19:46 EMS N EWERL Y FEMALE VERY IWCANCER PT 10 1 64 64 10001416 22 01:41 01:46 02:00 FIRE! N FIRE ALARM 1 3 DO 65 65 10001429 22 09:32 09:37 09:41 EMS 0 87 YOM DIZZY 11 1 X 66 66 10001488 23 06:00 06:05 CANC EMS WO ELDERLY FEMALE DIFFICULTY BREATHING 8 1 67 67 10001520 23 14:24 14:24 14:28 FIRE/ WO SMOKE SCARE 2 1 68 68 10001552 23 22:45 22:50 23:00 FIRE/ WN SMELL OF GAS 5 1 69 69 10001566 24 07:45 07:49 07:59 FIRE/ WD CO ALARM 1 1 DO 70 70 10001567 24 08:33 08:36 08:41 EMS WO PERSON FEU IN PARKING LOT 12 1 71 71 10001606 24 22:53 22:55 23:00 EMS WN 43 YOF INJURIES FROM FAlUHIT HER HEAD 4 1 72 72 10001609 24 23:52 23:56 CANC EMS WN 77 YOM WAS OurSIO NO SHOES 5 2 73 73 10001617 25 05:11 05:23 05:31 FIRE/ 0 CO DETECTOR 5 2 X 74 74 10001664 25 19:36 19:37 19:42 EMS N 84 YOM POSSIBLE STROKE 8 3 75 75 10001728 26 17:21 17:25 17:28 EMS N 11 YOF FAINTED 9 2 76 76 10001748 27 05:39 05:45 05:50 EMS 0 77 YOM LAYING IN SNOW OUTSIDE 8 2 X 77 77 10001778 27 12:44 12:45 12:48 EMS 0 BABY WIUNKNOWN MEDICAL 15 1 X 78 78 10001787 27 17:37 17:39 17:42 FIRE/ N HOUSE FIRElMUTUAL AlD ANOKA 33 1 X . 79 79 10001802 27 22:17 22:20 22:24 EMS N 20 YOF CUT HERSElFIPERSONAUTV DISORDER 4 1 80 eo 10001834 28 13:14 13:17 CANC EMS 0 MALE DOWN IN LOBBY 9 1 B1 B1 10001842 28 16:09 16:12 16:19 FIRE! 0 CHIMNEY FIRE 22 2 X 82 82 10001859 28 19:47 19:48 20:02 FIRE! N CO ALARM 1 2 DO 83 83 10001860 28 20:03 20:05 20:13 FIRE! N SMOKE COMING FROM DRYER 10 3 84 84 10001874 29 00:50 00:57 CANC EMS N 3 YOM BLEEDING /RECENTLY TONSIL 6 1 85 85 10001880 29 08:26 08:32 08:34 EMS 0 42 YOF IN SEIZURE 6 1 X 86 85 10001893 29 11:59 12:03 12:07 EMS 0 94 YOF LOW BLOOD SUGAR 8 1 X 87 87 10001959 30 17:28 17:29 17:37 FIRE/ WN EXPLOSNE GAS AlARM 1 1 DO " " 10002013 31 15:45 15:49 15:52 EMS WO 20 YOF DIABETlC 9 1 733 2/812010 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN,US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for February 16,2010 City Council Meeting DATE: February 16, 2010 The City Council is requested to receive the following supplemental information. Consent Items Item #11. Approve Lease Agreement with Clear Wireless LLC/City Hall Water Tower (Tower 2) (Supplemental) - Administration Discussion Items Item #14. Anoka County Sheriffs Department Monthly Report (Supplemental) - Sheriff @ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A COMMUNICATION SITE LEASE AGREEMENT FOR INTERNET ANTENNA INSTALLATION WITH CLEAR WIRELESS, LLC ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. R014-10), subject to various conditions, a conditional use permit to install a wireless antenna array on the city water tower at 1717 Crosstown Boulevard NW, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a lease agreement (Attachment A) with Clear Wireless LLC for space in the City Hall Campus Water Tower (Tower 2) for the purpose of placing wireless communication antennas, and; WHEREAS, the City Attorney has reviewed and provided comments on the Lease Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site Lease Agreement with Clear Wireless LLC. Adopted by the City Council of the City of Andover on this 16th day of February, 2010 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk 02/15/2010 10:12 7537574579 ANOKA CO SHER PATROL PAGE 02/03 CITY OF ANDOVER - JANUARY 2010 (!) JANUARY DECEMBER .JANUARY ITEM YTD 2010 VTD 2009 Radio CaHs oIcN/A 819 *N/A 679 Incident Reports 651 844 651 800 Burglaries 4 10 4 4 Thefts 27 62 27 33 Crim.Sex Condo 1 1 1 2 Assault I 5 1 4 Dam to Prop. 12 . 19 12 8 HaIT. Comm. 13 5 13 II Felony Arrests 3 0 3 I Gross Mis. 0 0 0 0 Misd. Arrests 16 25 16 18 DUI Arrests 9 10 9 7 Domestic An. 1 8 1 7 Warrant Arr. 5 5 5 II Traffic Art. , 199 227 199 274 DUI OFFENSES: DAV OF Sunday Mcmday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 01:58 22:56 00:02 01:28 02:28 21:48 02:21 09:12 02:22 . Indicate~ the calls fOf service report for Radio Calls were not available from Central Communications upon completIOn of monthly report. 02/16/2010 10: 12 7637674679 ANOKA CO SHER PATROL PAGE 03/03 CITY OF ANDOVER - JANUARY 2010 COMMUNITY SERVICE OFFICER REPORT ITEM ,JANUARY DECEMBER JANAURY YTD 2010 YTD 2009 Radio Calls 86 103 86 106 Incident Reports 88 93 88 44 Accident Assists 4 2 4 13 Vehicle Lock Out 22 25 22 30 Extra Patrol 128 III 128 235 House Checks 3 I " 0 j Bus. Checks 9 8 9 21 Animal Compl. 13 30 13 20 Traffic Assist 21 10 21 10 Aids: Agency 148 166 148 189 Aids: Public 28 42 28 70 Paper Service 0 0 0 0 Inspections 0 0 0 0 Ordinance Viol. 2 2 2 0