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HomeMy WebLinkAboutCC PACKET 11222005CITY OF ST. ANTHONY Our Mission is to be progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL MEETING AGENDA November 22, 2005 7:00 pm Council Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action oil all of fife follaroing items: 1. Approval of the November 22, 2005, City Council Meeting Agenda. (action requested) Ii. Proclamations, Recognitions and Presentations, 111. Consent Agenda. (These items are considered routine and will be enacted by one motion, 'T'here will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.) A. Approval of November 8, 2005, Council Meeting Minutes. (p.1-6) B. Licenses and Permits. (p. 7) C. Claims. (p. 8-9) . D. Resolution 05-089; Letter of Understanding Tautges, Redpath, LLC. (p.10-22) IV. Public Hearings. None. V. Report from Planning Commission. None. VT. General Business of Council. (action requested on all items) A. Resolution 05-090; Nextel Lease Agreement. (p. 23-39) B. Resolution 05-091; Approving a Wireless Internet Connectivity Feasibility Study with Columbia Telecommunications Corporation. (p. 40-75) C. Resolution 05-092; 2006 Contract with Greater Metropolitan Housing Corporation. (p. 76-85) VII. Reports From City Manager and Councilmembers. VITT. Community Forum. Individuals rmay address the City Council about any item not included on the regular agenda. Speakers are requested to conte to the podium, sign their name and address on the form at the podium, slate their name and address for file Clerk's record, and limit their remarks to five minutes. Generally, the City Council will mot take official action oil items discussed at this tirne, but may typically refer the matter to staff for a fulure report ofdirect the mailer to be srineduled on an upcoming agenda. IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment, 1. 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 8, 2005 CALL. TO ORDER. Mayor Faust called the meeting to order at 8:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROIL CALL. Present: Mayor Faust; Councilmembers Gray, Borst, Stille, and Thucsen. Absent: None. Also Present City Manager Mike Mornson and City Attorney Jerome Gilligan. CONSIDFRATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. L APPROVAL OF NOVF.MBFR 8, 2005 CITv COUNCIL MI,F,TING AGENDA. Motion by Councilmember flo,rst, seconded by Councilmernber Stille, to approve the City Council Meeting Agenda of November 8, 2005. Motion carried uuanin� It. PROCLAMA'T'IONS AND RECOGNITIONS. None. 11I. CONSENT AGENDA. A. Consider October 25. 2005 _Council meeting minutes. B. Consider licenses and pern . C. Consider pa rynentofclaims._ D. Resolution 05=087, re: deferring special assessment for 2005 street irnUiovement�ect., Mayor Faust requested on page 3, line 22, of the October 25, 2005 Council meeting minutes it state "December 31, 2005 2006..." Motion by Councilmembcr Gray, seconded by Councilmember Thuesen, to approve the Consent Agenda items. IV. PUBLIC HEARINGS. None. V. REPORTS FROM COMMISSION AND STAFF. None. Motion carried unanimously. 0 10 11, 12 13 14 15 16 17 1.8 19 20 2.1 22 23 24 25 26 27 28 2,9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 City Council Regular Meeting Minutes November 8, 2005 Page 2 VI. GENERAL POLICY BUSINFSS OF'THE COUNCIL. A. Police Chief JohnOhl uresentation i. Swearing in of Officers. Mr. Ohl stated there has been a 25% change in the police department with two new officers, a new sergeant, and a new captain. He introduced and provided a brief background. of newly promoted Sergeant Mangstaff, an 11 -year veteran of the department. He introduced and provided a brief background of newly promoted Captain Antonio, a 19 -year veteran and first :DARE officer of the department. Mr. Ohl introduced and provided a brief background of Mr. South. Mr. South was sworn in. Mr. Ohl introduced and provided a brief background of Mr. Wilson. Mr. Wilson was sworn ill. Mayor Faust congratulated the officers and told them to be safe, be sure, and do their job. IIe added it is important to televise the swearing -ins to show residents the City now has two new officers on duty. Ile thanked the parents for supportively giving their sons. ii. Updates. None. 13. North Suburban Cable Commission mnission o esentation. ( faience-Ranallo, Cable Colurnission, rein esentaYiy�n cscntr ng,. Mr. Ranallo stated a cable franchise fee was established throughout the City. He indicated Channels 15 and 16 are for City use and Channel 1.9 is for the school district. Items such as sports games and parades have been televised. Presently 49.2% of St. Anthony residents use cable television. A wi-fi network for internet service for the City was previously discussed; however, cities cannot receive all access fee. City and Staff will be invited for a meeting later this year. Ile stated $3,500 has been raised to wire the high school auditorium, but another $1,500 is still needed. A future item needed is a character generator, which costs about $3,500. He added he would volunteer to host shows but would need two volunteers to ran the cameras. Mayor Faust asked if it was appropriate to put a request for volunteers in the newsletter. Mr. Morrison replied yes. Mayor Faust asked about wiring the school board to cable broadcast. Mr. Ranallo replied the board has been told they can use some of the franchise money and have also suggested they use the City Hall building and equipment. Councihnember Stille asked if 49.2% of residents using cable is a good percentage. He added residents can access free cable, too. Mr. Ranallo replied the newsletter has published numbers on how to get free cable. He added 49.2% is a bit low but with satellite dishes it could increase. K 9 12 13 14 1.5 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes November 8, 2005 Page 3 C. Consider Resolution 05-088, re: Phase 2 Silver.Lakc Village,Stac_i_c_ Kvilvanghhlers_and Associates. Stacie Kvilvang reviewed the development proposal and terms of development agreement with the Council and indicated that Phase IIA will be comprised of 26 town homes and start in June 2006, Phase IIB will be comprised of 90 senior housing units and will start in June 2007, and Phase ICC will be comprised of 55 housing units and will start in June 2008, 'there are seven properties that will need to be acquired. The total project cost is approximately $8 million. Phase II is pretty much identical to Phase I, which was approved. She reviewed land use and development controls, property acquisition, and tax increments. The Phase II development will generate approximately $6.2 million in tax increments and will require approximately $5.8 million. 'the interfund Loan reimbursement will be matte in the maximum amount of $1 million at the discretion of the HRA. She reviewed the below market profit TIF assistance increase, look back provision, condemnation, advancement and reimbursement to redeveloper, master developer fee, default, and Phase II development budget. Councilmember Stille asked how the development proposal compares to the design framework manual for the project. 'Ms. Kvilvang replied it is in tine with what the community wants to see in terms of value. Councilmember Stillc asked regarding the interfund loan what does proof of financing actually mean. Ms. Kvilvang replied the developer must provide proof of committed bank rrnancing. Mr. IVlornson stated the interFund Ioan maximum amount is $1 million. Ms. Kvilvang replied that: is correct, it is repaid through several financing sources, including the sellback of Don's Car Wash, future tax increments, and any excess tax increments from the development. Mr. Morrison asked ifthere would be a'IIF note for each phase. He also asked for clarification on the Phase IIA start date of June 2006. Ms. Kvilvang replied there would be a1`11, note for each phase. She added in June 2006 the developer would request building permits. Councilmember Stillc asked if all three sub -phases are encompassed in the development agreement. M.s. Kvilvang replied correct; but Phase TIC can be refined based on the market. Councilmember Thuesen asked what is a patio home. Ms. Kvilvang replied usually a town ]ionic but with a higher value of approximately $350,000 each. Mayor Faust indicated two properties have purchase agreements and asked if independent appraisals have been done. Ms. Kvilvang replied she would refer the question to the developer. Councilmember Stille asked the timeframe to payback the'FIF notes. Ms. Kvilvang replied everything is set up on a 26 -year district; however, the time has shortened so probably 24 years. Mr. Morrison asked if there would be one TIF note encompassing Phase I and Phase II. Ms. Kvilvang replied they world be underwritten as two separate notes due to financial risks. Councilmember Stille asked about acreage. Ms. Kvilvang replied Phase IIA is about 2.5 acres, Phase IIB is about 1.5 acres, and Phase TIC is about 3/4 acres, for a total of about 4 3/4 acres. K City Council 'Regular Meeting Minutes November 8, 2005 Page 4 Mr. Pratt noted during conversations with potential customers, they indicated they did not care for stairs; therefore, the patio homes are one -level homes with a town home lifestyle where items such as the grounds are managed by the association. Ile showed style and floor plan examples. 6 Mayor Faust asked if on the two properties that offers have been made, have there been certified 7 independent appraisals done. Mr. Pratt replied experts, including appraisers and owners of 8 typical properties, have been relied on, although no certified appraisal has been done. He added 9 offers have been presented and it is now tip to the sellers to counter and if there is a difference 10 then certified appraisals can be added as a negotiation tool for the price. 11 12 Mayor Faust suggested, because it is a legal document, on the development agreement, page 4, 13 item. F, information needs to be added about certified appraisals before moving forward. M.s. 14 Kvilvang replied before a condemnation is brought to Council there would be an appraisal to 15 review the price. Mr. Gilligan replied there is additional language in the actual development 16 agreement that states Council has a review of all documents including costs. He asked if the 17 appraisal be required for condemnation or for privately required parcels, too. Mayor Faust 18 replied just for eminent domain, to be usedjudicially. 19 20 Councilmember'l'luesen agreed it should be added to the agreement. 21 22 Councilmember Stifle stated he could go either way because appraisals will be done, but adding 23 the language memorializes it. 24 25 Motion by Councihnember Horst, seconded by Councihnember Gray, to adopt Resolution 05 - 26 088, re: Phase 2 Silver Lake Village with the addition of certified appraisals. 27 28 Motion carried unanimously. 29 30 U. Consider Ordinance 05-013, re: nark dedication fees._ (third reading) 31 Mayor Faust reviewed the ordinance with the Council and indicated that this is the third reading 32 to amend park dedication fees, which allows the City to become more in line with the going rate. 33 34 Motion by Council nember Thuesen, seconded by Counciltnember Gray, to adopt Ordinance 05- 35 01.3, re: park dedication fees. 36 37 Motion carried unanimously. 38 39 L. Consider Ordinance 05-014 re: wine and 3.2 malt livor combination license, (third 40 reading) 41 Mr. Morrison reviewed the ordinance with the Council and. indicated that this will allow 42 businesses with an on -sale wine license and an on -sale 3.2 malt liquor license to sell intoxicating 43 malt liquor without an additional license. There currently are two businesses in the City this 44 would apply to. Pae added businesses would need 60% in food sales, which is set by state statute. 45 46 Motion by Councilmember Stille, seconded by Councihnember Horst, to adopt Ordinance 05- 47 014, re: wine and 3.2 malt liquor combination license. 0 2 4 6 17 9 11 12 13 14 15 16 17 18 19 20 21. 22 2:3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes November 8, 2005 Page 5 Motion carried unanimousiy. F. Consider Ordinance 05-015, re: fees for combination lie license,. (third reading) Motion by Councilmember (nay, seconded by Councihnember Thuesen, to adopt Ordinance 05- 015, re: fees for combination liquor license. Motion carried nuanimously. G. Canvas Election Results. Barb Suciu, City Clerk, announced the clection results. Regarding the four-year Council term -- Stille received 1,200 votes and Thuesen received 1,066; regarding the two-year Council term — Gay received 1,185 votes. Total votes cast were 1,545, which is a 26% turnout in the precincts. Motion by Councilmember [forst, seconded by Mayor Faust, to accept the election results. Motion carried unanimously. Barb Suciu, City CIcrk, announced the unofficial results for school board —David Evans received I,104 votes, Barry Kinsey received 1,100 votes, and Lcah Slye received 1,115 votes. She added regarding the referendum question yes votes were 1,041 and no votes were 490. Mayor Faast requested the Clerk thank the election judges. fie congratulated the rc-elected Council members. VIL REP®RTS FROM CITY MANAGER AND COUNCILMEMBERS. City Manager Mornson reported the following: ® Proposals for auditing services will be presented on November 22. ® Staff is negotiating with Nextel for a lease on the water tower. A feasibility study will be done regarding wireless internet for the City. The Park Commission is working with architects regarding Emcrald Parks. Councilmember Borst stated last Thursday at the Community Services Board me6ting they reviewed the 2005-2006 budget cycle. He added last night he attended. the Sister City Annual meeting. Councibnernber Stille stated on October 30 he attended the Faith United Methodist Church dedication service; they remodeled their facility and put a time capsule in the cornerstone. He thanked the Church for acknowledging the efforts of redevelopment. He thanked the citizens for their vote and for placing signs in their yard. Councilmember Thuesen stated tomorrow he is attending the Ramsey County Task Force meeting, where they are starting to put together recommendations to pass along to the library board. He thanked the citizens for their vote. Councilmember Gray thanked the citizens for thein vote. M 1 2 3 4 5 6 7 8 9 10 11, 12 13 1.4 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 City Council Regular Meeting Minutes November 8, 2005 Page 6 Mayor'Paust indicated that on November ] he attended the Mississippi Water Management Organization meeting, where they suggested rain guards on public property be reviewed. On November 2 he attended the Cliamber of Commerce Board meeting. The Christmas lighting contest will be judged on December 15; there will be more information on the website, in the newsletter, and at the front office. hast night he attended the amoral meeting of the Sister City Association, and provided a presentation regarding his recent trip. Ile suggested a Nokia representative from Salo travel with them. Ile added information regarding emergency planning will be coming out in the newsletter to help residents prepare For emergencies. A surprise tabletop exercise will be held next year to test the systet,n for flaws. VIII. COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IXC INFORMATION ANIS ANNOU,N'CI?.MEN'I'S. None. X. MISC.1i'L .ANEOUS INFORMAIJONAL DOCUMENTS. Nonc. XI. ADJOURNMENT. Chair Faust adjourned the meeting at 9:30 p.m. Respeetiully submitted, Cheryl Felix TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor Motion carried unanimously. 1 DATE: Nov 22, 2005 Approved: TO: Mayor and Councilmembers FROM: License Cleric ITEM: License and Permits for Approval: Floating Contractor License: Boehm heating, St. Paul, MN General Contractors License: Asphalt Driveway Co., Maplewood, MN Tem,porng_Pcrnut_ St. Charles Borromeo, February 18, 2006 St. Charles Borromeo, February 26, 2006 2 ACS FINANCIAL SYSTEM " 11/15/2005 13: Check Registie.r BANK VENDOR CHECK4 FIRS BREMER BANK NA 008964 ACCLAIM BENEFIT'S 7.6095 008474 ALCOPRO 26096 008621 ALLIANCE MECHANICAL 26097 008450 ANIMAL CONTROL SERVICES, 26098 008909 ARCH WIRELESS 26099 .000 0 RAKER/MARK & MARY ANN 26100 007332 BAUER BUILIT INC. 261.01. 007:1.68 BOYER FORD TRUCKS, INC. 261.02 002380 CENTERPOINT ENERGY MINNE 26103 009056 CITY OF ROSEVILLE 26104 008736 CREATIVE FORMS & CONCEPT 26105 008602 CROWN TROPHY 26106 009224 CUMMINS NPOWEI2, LLC 26107 000785 DALCO . 26108 008743 DELL MARKETING, INC. 26109 008834 DEMPSEY'S STUMP SERVICE 26110 004110 DICKSON ELECTRIC 261:1.:1. .00004 DOLAN/MIKE 26L12 008153 FILTERFRSH 26113 008647 FRAfTTALLONE'S I3ARDWARE 26114 001030 G & K SERVICES INC 26115 0019:20 HAWKINS WATER TREATMENT 261:1,6 OCS22;L HEDBACK,AREND'.T, & CARLSO 261.1'7 008944 IiENN CNTY INFO TECH DEPT 26:1.18 008376 HENNEPIN CNTY SEEN UPF'S 26119 002985 HERMANN/MARK 26120 008252 HOME DEPOT CREDIT SERVI.0 26121 009225 HSBC BUSINESS SOLUTIONS 2612.2 OOII366 I: C M A 26123 OOIIG58 INSTRUMENTAL RESEARCH, I 26124 .0000'1. JOHNSOM/DON MARTHA 261.25 .00003 KODET/DONNA 26126 007392 LARSON COMPANIES 26327 002040 LILLIE SUBURBANNEWSPAPE 26L28 008254 LMCIT 3- BERKLEY ADM.I.NIST 26129 008229 LOFFLER BUSTNE6P SYSTEM; 26130 008263 MCLEOD USA, INC. 2613:1. 009223 MEDTOX 26132 008279 METRO COUNCII, ENVIR SERV 26133 007835 METROCALL 26134 008668 MINNEAPOLIS COMM TECH CO 26135 008269 MINNESOTA SHREDDING LLC 261.36 009L95 MISTER CAR WASH 2613'7 009226 MPWA 26138 008993 NEXTEL COMMUNICATIONS 26139- 00004!3 OFFICE DEPOT 261.40 001230 ONE CALL CONCEP'T'S, INC. 26141 008369 POSTMASTER -- 'TC METRO HU 26142 009:1,80 PROFESSIONAL TURF &. RENO 26143 004492 QWES'T 261.44 008462 RAMSEY COUN'T'Y 26145 008876 S.M. HENTGES & SONS, INC 26146 002420 STAR TRIBUNE 26147 007337 TIMESAVER OFF SITE SECRE '26148 008907 TOUSLEY FORD 26149 00801.0 UNIFORMS UNLIMITED 26150 008336 UNITED ELECTRIC COMPANY 26151 009023 US INTERNET 26152 009186 VASKO SOLID WASTE 26153 OO8227 VERIZON WIRELESS 261,54 008388 W. W. GOETSCH ASSOCIATES 26155 004494 WASTE MANAGEMENT - HLAIN - 26156 002680 XCEL ENERGY 26157 000830 ZEE MEDICAL SERVICE 26158 003840 ZEP MFG COMPANY 26159 .00005 ZIESMER/TOM 26160 ST. ANTHONY VILLAGE GL540R-V06.70 PAGE 1 DATE AMOUNT 11/23/05 1.1/23/05 11./23/05 11/23/05 1.1/23/05 1:1./23/05 11/23/05 11/23/05 I[/23/OS 11/23/05 1.1/23/05 2305 11/23/05 11/2.3/05 11./23/05 11/23/05 11/23/05 1.1/23/05 179.37 :L, 006.00 753.50 185. 7'7 21.81 1,356.60 278.20 25.65 3,477.98 1,91.2.90 1.7 8. S 2 85.21 349.86 36.13 178. 8'7 1,195.00 2,213.00 127.00 1,21..38 104.66 500.8'7 1, 0:1.3. 9:3 5,000.00 2,460.2.3 624.67 40.50 1'78.6S 5.0.64 '760.00 85..00 136.99 IS 5.10 53.04. 30;.:1.1. 1'7,922.00 61. '7'1 134.'70 45.00 2, 8'71.. 00 22.59 200.00 56.00 100.00 199.00 263.1.1. 85.66 363.60 2,000.00 '734.85 457.21. 3,045.65 283,243.53 111.80 1.12.00 125.35 1,433.25 251.45 62.50 493.73 521.05 7,323.84 436.21 5,998.24 78.'74 81.44 54.38 BREMER BANK NA - 353,996.79 *** 0 ACS FINANCIAL SYSTEM � � � ST. ANTHONY VILLAGE 11/16/2005 09: Check Register .GL540R-V06.70 PAGE 1 BANK VENDOR CHECK4 DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 008964 ACCLAIM BENEFITS 25134 1L/23/05 37.13 004014 ALLIED PAPER CO. 25135 :1.1/23/05 63.50 008794 ARCTIC GLACIER INC. 251.36 :L1/23/05 370.99 004293 BELLBOY CORP. 25137 1.1/23/05 1.5,754.78 002380 CENTERPOINT ENERGY MINNS 25138 1.1/23/05 67.13 004080 CHISAGO LAKES DIST. CO., 25139 11/23/0:1 2,922.75 009056 CITY OF ROSEVILLE 25140 11/23/05 377.43 004085 CITY OF ST ANTHONY 25141 'L'1./23/05 1.8,'723.52 008814 CITY WIDE WINDOW SERVICE 25142 1.1/23/05 170.56 004095 COCA COLA EN'TE'RPRISES IN 25143 11/23/05 1,155.25 009017 D'VINE WINE DISTRIBUTORS 25144 11/23/05 762.00 0011.46 DEEP ROCK WATER COMPANY 25145 11/23/05 38.88 OO82:19 DEX MEDIA EAST 25146 :1.:1./23/05 204.25 004120 EAGLE WINE CO 251471.]./2.3/05 1,971..66 004:125 EAST SIDE BEVERAGE CO 25:148 :1.1/23/05 :1.'7,564.95 008697 EXTREME BEVERACE 25149 11/23/05 1.92.00 001030 G & K SERVICES INC 2:5:L 50 :1.1/23/05 1.'73.82 009102 GRAND PERE WINES, INC 25151 11/23/05 1., 3'7:1..00 004:1.72 GRAPE BEGINNINGS, INC. 26152 :1.1./23/0.5 137.00 0041'75 GRIGGS COOPER & CO INC 25153 :1.:1./23/05 8,285.90 00420'7 HOHENS'TEIN'S, INC 2.5154 :1.1./23/05 2,679.90 OO8252 HOME DEPOT CREDIT SERV:CC 25155 1.1/23/05 180.83 004220 JOHNSON BROTHERS LIQUI'R 25156 11./23/05 30,762.94 004230 KUETHER DISTRIBUTING CO 2515'7 11/23/05 19,570.85 008254 LMCIT , BERKLEY ADM:I:NIS'T 25158 1:1./23/OS 1,2.16.!:10 00.9114 M. AMUNDSON LLP 25159 :L:L/23/05 1,261.05 004265 MARK VIS SALES INC 25160 11./23/05 9,361..00 00427'7 MIDWE'S'T TAPLI & RIBBON 'IN 25161 11./23/05 500.00 008881 MINNESOTA WINEGROWERS 25162 :CL/23/05 280.50 004299 MP, S. OXYGI7N CO. 251.63 11/23/05 1'7.02 009106 MT GLOBAL 251.64 11,/23/05 1,160.00 008996 NEE'DHAM DISTRIBUTING CO 25161 11/23/05 90.40 004334 NORTHEASTER 257.66 1.1/23/05 485.00 004354 PAUSTIS & SONS 25:1.67 1.1/23/05 2,595.90 004360 PHILLIPS WINE & SPIRITS 25168 :1.1./23/05 7,90.5.49 004372 PLUNKETT'S 25169 la/23/05 65.00 004376 PRIOR WINE CO 25170 1.1/23/05 4,510.'75 004385 QUALITY WINE CO 25:1.'71 :1.:L/23/05 2L,385.57 004492 QWEST - 251'72 1.1/23/05 302.54 009101 SANDSTONE D1: STRIBUTING C 25173 11/23/05 45.25 008983 SOULO DESIGN, INC 251.'74 1.1/23/05 195.00 009072 ,SPECIALTY WI:NP:,S & BEV. L 25175 '1L/23/05 439.50 008470 SUN NEWSPAPERS 25176 1.1/23/05 650.1.0 008824 TRI -COUNTY BEVERAGE, INC 25177 1.1./7.3/05 548.50 008336 UNITED ELECTRIC COMPANY 25178 11/23/05 226.13 0083:1-6 WINE COMPANY/THE 251.79 11/23/05 7.,527.90 008310 WINE MERCHAN`T'S INC 251.80 :1.1/23/05 859.23 004499 WORLD CLASS WINES, INC. 25181 11/23/05 426.25 LIQUOR CHECKING ACCOUNT 180,S93.40 'k*E' W DATE: November '16, 2005 TO: :Mike Mornson, City Manager FROM.: Roger Larson, Finance Director FFEiVI: CITY AUDI'YOR—IILB TAUTGES REDPAaTJJk LTD Staff has completed the task of reviewing auditing services for the City of St. Anthony's annual audit. The goal of the process was to compare our present services to what other potential cerli:6.cd public accounting firms could provide. The followingis review of the process: 1) Developed a "Request for Proposal." 2) Distributed RFP to prospective auditing firms. 3) Nine responses were received. 4) Formed interview committee. 5) Narrowed selection to live. 6) Conducted. interviews with 5 -member committee. 7) Discussed the results with the City Council at its November 1 work session. The top three fir i.shers were as follows: 1) 141,8 Tautges Redpath, Ltd. 2) Abdo, l3ick & Meyers 3) Stuart 1. Bomniwell, CPA Based on the HL8 Tauges, Redpath's ability to provide the City with upgraded services and tecluiology, the committee unanimously selected this firm. Some o.f the improvements included: l.) Revision of our current financial statement format to include more concise statistical information and graphs. 2) Competent staff of 3 — 4 qualified accountants to perform the audit. 3) Ability to provide financial statements in PDF format for ease of downloading the information directly to the City's web site. 4) An excellent lmowledgehunderstanding of liquor operations and inventory issues. 5) A wide variety of additional financial services are available. IRecommenclation: Council approves 13LB Tautges Redpath, Ltd as the City's auditing firm. Certified Puhlic Am)Un1:8ntS and Consultants November 8, 2005 Mr, lAriichael Mornson City Manager City of St. Anthony 3301 Silver f.akcRoad St. Anthony, MN 55d 18 f)car Michael: l inclosed are Iwo copies of our standard engagement leiter for anditing services for: the years ending December 31, 2005, 2006 and 2007 for the City of St. Anthony,-Afiniesot.a. The scope of services are as follows: ® We will andit the basic financial stalcrncets of the City oP St. Anthony, Minnesota as of and for the years ending: December 31, 2005 through 2007. We will provide an "in -relation -to" opinion on the combining and individual fund financial statements and schedules and supplementary information except: :Por that portion marled "unaudited." Report on Internal Control over: Financial Reporting and on Compliance and Other Matters. ® State Legal Compliance Audit:. ,� Preparation of. Audit .Marnagcine nt: Letter. Preparation of draft Annual financial Report (City to provide introductory section and MDQ A) is .included in the scope of service, The City and JIRA will be combined in one Annual Financial Report. 6 Preparation of State Auditors Reporting Form. 0 1'rederal Single Audit is not included. i.n the scope of service. 4610 White Beer Parkway White Bear Lake, Minnesota 55110 651 426 7000 651 426 5064 Fax mm"111tw Com 1303 South Frontage Road Suite 13 Hastings, Minnesota 55033 6514604990 651426 500 HLB mutges Redpath, Ltd. is a member of"International, a world-wide organization of accounting flims and business advisors. 693090.1 M City of St. Anthony F�ngagemenI, Letter November 8, 2005 Page 2 Per our proposal, we will complete the services described above for an inclusive maximum fee as follows: zoos 2006 200'7 Total Financial Audit - Combined City and 1-1RA $35,200 $37,000 9;38,900 $111,100 Additional GASB 34 implementation assistance _ 5,000_ - - _ 5,000 _ 'Potai $40,200 S3?,000 $35,900 51.16,100 Upon approval of this agreement, please return one. copy to our office and retain the other copy frn your files. ll you have any questions please do not hosilate, to call. Sincerely, 11L13 YAI; l (4C S 12E DPA H, LTD. Peggy A. roomer, CPA PAM/clg 693090.1 Tautges Redpath, Ltd. Certified Public Accountants and Consultants Novernber 3, 2005 City of St. Anthony 3301 Silver Lake Road St.. Anthony, MN 55415 Wc. are pleased to confirm our understanding of the services we are to provide the City of St. Anthony, Minnesota for the years ending December 31, 2005 through 2007. The scope of services includes the following: We will audit the financial statements of the governmental activities, the business - type activities, each major fund, and the aggregate remaining fund information, which collectively con.p:se the entity's basic financial statements, of the City of St. Anthony, Minnesota as of and for the years ending December 31, 2005 through 2007. We will provide an "in -relation -to" opinion on the combining and individual fund financial Statements, supporting schedules and supplemental information except for that portion marked "unaudited". The document: will include the following, supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: o Management's discussion and analysis o Budgetary comparison schedules presented as RST The document will also include additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion as follows: o Introductory section ® Report on Internal Control over Financial Reporting and on Compliance and Other Matters. State Legal Compliance Audit. Preparation of draft Animal Financial Report. (City to prepare introductory section and Management's Discussion and Analysis. The City and. LIRA will. be combined in one Annual Financial Report. w Preparation of Audit Management Letter. ® Preparation of Skate Auditors Reporting Form. 4810 White Bear Parkway White Bear Lake, Minnesota 55110 6514267000 651 426 5004 Fax 1303 South Frontage Road Suite 13 Hastings, Minnesota 55033 6514804990 651 426 5004 Fax I1L0 Tautges Redpath, Ltd, is a member of Im International, a word -wide organization of accounPing firms and business advisors. 689072.1 wwwAhtr.com W City of St. Anthony, Minnesota 1-sngagemcnt: Letter November 3, 2005 Page 2 Audit Objectives The objective of our audit is the expression of an opinion as to whether the .financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information re.ferrcd to in fire first paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standard, incl the standards For financial audits contained in Governni.enl. Audiiing Standards, issued by the Comptroller General of the United States, and the minimum procedures for auditors as prescribed by MS 6.65, and will include testas of the accounting records of the City of St. Anthony, Minnesota and other procedures we consider necessary to enable its to express such an opinion. Ti our opinion on the financiai siaterne.nts is other than nnqualif ed, We will fully discuss the reasons with you in advance. 11, for any reason, we are unable to complete the audit, or arc unable to form or have not formed an opinion, we imay decline to express all opinion or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) On internal control related to [lie financial statements and compliance with laws, regulations, and t:he provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government This report will include a statement that the report. is intended solely for the information and use of the City Council and management and is not intended to be and should not be used by anyone other than these specified parties. Management Responsibilities Management is responsible for establishing and maintaining effective internal control and for compliance with laws, regulations, contracts, and agreerncous. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against: loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of ,financial statements in accordance with generally accepted accounting principles. Management is responsible for malting all financial records and related information available to us. We understand that you will provide its with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will 6930901 M City of St. Anthony, Minnesota Engagement Letter November 3, 2005 Page 3 assist in the preparation of your financial statements, but the responsibility for the financial statements remains will) you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing t:he entries and 'understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and lite safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confinning to us in the representation letter that tha effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to tile latest period presented are rmmateriai, both lndlvidualiy and in the aggregate, to i1c. financial statements taken as a whole. You at'e z'esponsible for the design and nnplcrnentation of prograins and controls to prevent: and detect fraud, and for informing us aboul, all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. You are also responsible for informing its of your knowledge of any allegations of fraud or suspected fraud, or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that. the entity complies with applicable laws and regulations, and for taking timely and appropriate steps to remedy any fraud, illegal acts, violation of contracts or grant: agreements, or abuse that we may report. With regard to the clecironic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information .in the electronic site with the original document. As part of the audit, we will prepare a draft: of your financial statements and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further you are required to designate a qualified managernent-level individual to be responsible and accountable for overseeing our services. 693090.1 M City of St. Anthony, Minnesota Engagement Letter November 3, 2005 Page 4 _Audit Procedures — General An audit. includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, therefore, our audit will involve.judgment about the rrurnber of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the 'financial statements are free of rnatclral misstatement, whether from (1) error, (2) fraudulent financial reporting, (3) misappropriation of assets, or (d) violations of laws or govern rental regulations that. are altributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Anditi.n , Standards do not. expect auditors to provide reasonable assurance on detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance in(] because we will not perform a detailed exanunation of all transactions, 111cre is a fish that material wisstatemcras may exist and not be detected by us. In addition, an audit is not designed to detect: iunnauerial nusst.atemenis or violations of laws or governmental regulations dial do not have a direct and material effect on the fuiancial statements However, we will inform you of any material errors that come to our attention and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of .taws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered I y our audit and does not extend to matters that might arise during any latter periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City of St. Anthony, Minnesota complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of St. Anthony, Minnesota's compliance with applicable laws and regulations and the provisions of contract and agreements. However, the 693090.1 W City of St. Anthony, Minnesota Engagement Letter November 3, 2005 Page 5 objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures —internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, liming and extent of our auditing procedures for file purpose of expressing our opinion on the City of St. Anthony, Minnesota's financial statements. We wilt obtain an understanding of t:he design of the relevant Controls and whether they have been placed in operation, nud tire, will assess control risk. Tesis of controls may be performed to test the effectiveness of certain coUrols that we consider relevant. 1.0 preventing and detecting erro s and fraud that mo material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Testas of controls are required only if control aisle is assessed below the maximum. level. Our tests, if performed) wilt be less in scope than would be necessary to render an opinion on the internal control and, accordingly, no opinion will be expressed in our repot on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to .identify reportable conditions. Idowever, we will inform the governing body or audit comnnittee of any matters involving internal control and its operation that: we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters corning to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards. 693090.1 m City of St. Anthony, Minnesota Engagement Letter November 3, 2005 Page 6 Audit Administration, Fees and Other �We. understand that your employees will prepare all cash or other confnntatons we request and willlocate any documents selected by us for testing. The audit documentation for this engagement is the property of 111,13 Tautges Redpath, Ltd, and constitutes confidential information. However, pursuant to authority given by law or r :gulation, we may be regncsted to mace certain audit documentation available to certain regulators or grantor agencies for purposes of a quality review of the audit, to resolve audit. findings, or to carry out oversight. responsibilities. We will notify you of any such request. If requested access to such audit documentation will be provided under the supervision of 11LB Tautges Redpath, Ltd. personnel. Furthermore, upon request, we may provide copies of selected audit docs mentation to regulators or grantor agencies. The regulator or grantor agencies may intend, or decide, to distrihute the copies of information contained thcrein to others, including oilier governmental agencies. Our fee for these services will be at: our standard government audit horsily rates plus o'ut- of -pocket costs (such as report reproduction, word processing, postage, gravel, copies, telephone, etc.) except that we agree that our gross 'fee, including expenses, will not: exceed $40,200, $37,000 and $38,900. Our standard hourly raises vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be tendered each month as work progresses and are payable on presentation. ff we elect: to terminate our services for nonpayment, our engagennerrt will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate its for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel, completion of workpapers per the City to prepare list by your personnel, and the assumption that unexpected circumstances will not be encountered during the audit, including significant changes in accounting or auditing standards. If significant additional thrre is necessary, we will discuss it with you and arrive at. a new fee estimate before we incur Che additional costs. Government Auditing Standards requires that we provide you with a copy of our most recent external peer review report and any letter of comment, and subsequent peer review reports and letters of comment received during the period of contract. Our 2004 peer review report accompanies this letter as Appendix A. 693090.1 City of St. Anthony, Minnesota [..ngagement letter November 3, 2005 Page 7 We appreciate the opportunity to be of service to the City of St. Anthony, Minnesota and believe this Iet:ter accurately summarizes the significant terns of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, 111,B TAUFG S RVI)PAT11, J- D. Peggy A. Moeller, CPA This lettca correctly sets north the understanding of the City of St. Anthony, Minnesota. By: -- _---- -- By. — Title: Title: Date: Date: 693090.1 19 MMwo t i K I(fjy.M Ymt!(Y.d F6Nhk hwgrl 4,1is '1'g, the Shareholders 1:17;13 Tkist,ges, l2edpa'rh, Ltd, eery A. Liam P.C. Appendix A Page 1 t6evabert i I'at 6 a ink, .,A, s n:..i I.oP 01 FI I.,". M*ft S dION µ1191b: ICWrI013W We have reviewed the 5ysi+i:x of gwdity r,oirttol for the accounting and audit practice cit 111,13 Tangs, Rcdpath, Lrtcl, (the firm) in effect for tilt, ye#tr cndo'd Stphn ber 30, 20o", A. Syst „i f2; gYidlti}r Control encoinpasses Clic firm's orl-x)iz tioywl stcu turc, Its- poiicios adopted crO procedures established to provilc it with ivasotl hlc asstn<xnce of uoai:l'oraun; wiithpsol'es sional standards the cloinimts ofgoislit), oontiol are descnbod irt. ,lie. Si it nci +s on Qualhy Control St ud it d3 , issuwct by the Araei;ca il. Instit-aw of CPAs (AICPA). 'Flan Sinn is ticsptonsible iot d signing a system of quality control and eompryit>g with it to provide true f1mi, I-eason ible wmn-ance, of conformiru, rvit l pro&ssional standards in ail mitcriai respects. C7ti r csl'roiisitlrkity" ss io e pres5 cin opinio_r. on the design of the ,>ystem of quality conirol ai,d the, firm's compliancii A011 ii:s systaixa o%guality control basest en otir r view, Our ] cvtezt* was nonclncttxct in areorrEzuiu: with st,ructards ssiablisn;.u1 by tht- i'err It ey!evr Bo,aid of the A!C PA, Duran; our ro`:'ievi, we read iC(p'i71r('.iA 1'c.i>rGSCiYtEitit'rn5 from the iifni, i.ntenrietiied firm personnel and obtained aii undersia tding of the liature of the t znl's accounting and auditing p racticc, and the dosip of the firm's sy iii m of quality control snlfici27tt i{> 'siS<c.Ss ('tt(: rayls implicit in its p7ractico. Based art our assessilients; wo sOccted engagements and. adln4iiStrativc fifes 10 test for conformity with pi't}J''4'SSiGI tI swtldlq & -and ornpk anc4: Frith. the finit's system of ilt4ility control, Ihe. eau e neaar selected rcprescuted a reasonable cross-section of the firm's accounting and auditingt. practice witli errrPhasis an. ku$her-zisl. wl,agernents. Thu ongau get selected included among other's, audits of Enlployoe kitnefzt Plans and eargagunients performed ander Croverinnenta Auditing Sfandard& Prior ,to concluding the xesiowl wo xeyssesserl the adetineey cif` the scope of the peer review procedures and inct wi b. firm management to discuss the results of our xevicwa We believe flint the proQcduma we p rfornied provide it reasoisable basis fbr our opinion. In, peifornxipg our res=iety, we obtained an unrirrsta,-idin, of the systein sof quality control for the final's =recounting tnd auditing, practice. In addition, we tested compliance with the pirn7"s quality control policies and procedur`cs to flits extent we consideree) appropriatc. "Those tests coveredthe application of the fiinn's policies and procedures on selected engagement,, Our rzviow :ra,, basal on selected rests theseforc it would not zxecessarily detect all vwaknesses in the sysiern of quality control or all instortcas of noncompliance with it. Them; are inherent lintitations in the effectiveness of any System of quglity control and therefore noneotnplianoe -with the system of quality control may occur and not he detected_ Projection of say evaluation of a. system of quality control to future Certified Public Accountants 4455 East Camaaback Road sl,ite EM Phoenix, Arizona 55058 Talepfeone (&p2) W-6040 Cnx (507) 8C,7-G03D 3lU3 T`trui ;es, Redpertli, Ltd, irage'two periods as subject to une, fisk tlise fit s}stern ol: gnstity colrtro! array bevoine inad°grt.ate because of cltaag: S Al coarclilions, or b=t= lire degree of eomplistnce With the policies of ltroc,edur .spray" tleieriamte . ;n nur nlri:t:ion ehe s, star �>fquil_ity Control forn Pirt; accccoi ; wid <uzdri patu�tiaeofIll' 3 `E"autues, Rexlpath, Lid, m elti.et for the year ended Seprembes 30, 2004, has' be ri de8ip Cd to meet tluc seclnueritesiis of the aiialily cocirol st si dAfds BOY sni accOmdirzg 7i?d awdidngl prnfiicu stAlislicd by the rlil"PA -and wes compiled ,vith during flrc yeSr tlreit cnd;d to provide the $11111 with Te.1.1somINC assurarce of conicrm ng wilb professional Sis?nd+ltus, ,F �"lam"�'.` f-%��• d�j Le%}>�,..:.. � f`'�, ?..'.. Jlhovnix, Ariz, JSneaq 21, 2005 Appendix A 21 Page 2 CITY OF ST. ANTHONY VILLAGE RESOLUTION 05-089 A RESOLUTION APPROVING 111,8 TAU''GES, REDPATI1, LTD AS '1'I:if," CITY AUDITOR WHEREAS, the City of St Anthony received Request forProposal's for auditing services from several firms; and Wl fEREAS, City Staff reviewed the prospective auditing firms to determine the services they provide; and WHEREAS, City Staff select five finalists that were interviewed by a panel of City Staff; and WHEREAS, Staff discussed its recommendation with the City Council on November 1, 2005, to appoint 11LB Tautges, Redpath, Ltd., to perforin the auditing services for the City. BE IT RliSO.LVED, that the City Council of the City of St. Anthony hereby approves 7 i LI3 Tautges, Rcdpath, Ltd. to perform the services and role of the City Auditor. Adopted this 22"`1 day of November, 2005. ATTEST: Mayor City Cleric Review for Administration: City Manager W 3 MEMORANDUM DATE: November 15, 2005 TO: City Council FROM: Mike Monrson, City .Manager Roger Larson, Finance Director ITEM: NEXTEL WESI' C'OR]3--'rE],RC`OMMIINICA'I'IONS LEASE Nextel West Corporation desires to install a telecommunications facility at the City's watcr, tower. Based on direction from the City Council and negotiations with Nextel, an agreement of the terms of the lease has been reached. In the City's initial proposal.staff asked to)- a starting monthly rate of $1,400.00 per month, plus a 4% escalator or the CTI, whichever is greater. Nextel rejected the CPI language and wanted to agree to the 4% escalator. Staff countered with dropping the CPI language and added a starting monthly rate of $1,d58 per month ($17,500 annual), plus a 5% escalator. Nextel countered by offering a higher starting rate with a 4% escalator. After calculation of the numbers to achieve the same bottom line number as a 5% escalator, the starting monthly rate agreed to is $1,650.00 per month ($19,800 annual) with a 4% escalator. The highlights of the agreement include the following proposed conditions and terms: ® Initial Term of the Lease 5 Years. ® Renewal Terms Five 5 -year renewal options. • Proposed Rent $1,650.00 per month ($19,800 Annual). ® Term Escalator 4% per year of the pervious year's rent. The communications facility will require no City improvements and the cost of all utilities, phone lines, necessary improvements and planning and zoning expenses will be paid for by Nextel West Corp. The lease of the facility to Nextel will provide a source of rental income to the General Operating Fund at a higher monthly rental rate than Sprint Spectrum is paying ($1,456.00 monthly, $17,472 annual). M In addition, to the benefit of enhanced revenue, the new facility will improve wireless and emergency communication services. Another added benefit is that the antennas are taxed as personal property and this lease will generate $d,514.40 in property taxes. The taxable value and calculation is based on the amount of the annual lease. The following example is based on collectible 2005 taxes: Annual Lease $ 19,800 X Gross Rent Multiplier _ X 8 158,400 X Tax Rate for Preferred Property .0285 $4,514.40 The City Attorney has reviewed the proposed lease and the attached agreement includes language and changes recommended by Dorsey & Whitney. Recommendation: Council to direct staff to enter into an agreement with Nextel West Corporation under the terms and conditions as set forth in lease agreement. M Site: MN0323-A / Gross 11/15/2005 Market: Chicago COMMUNICATIONS SrrE LEAST A(>RI'sEMItN"r (WA"I'I�;R'TANK) This COMMUNICATIONS SITE LEASL AGREEMENT ("Agreement") is dated as of 2005, by Nextel West Cup., a Delaware corporation ("Nextel" or `°Penant") and City of St. Anthony, a Minnesota municipal corporation ("Owner" or "Landlord") For One Dollar ($1.00) paid to Owner, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hetow agree as follows: 1. Premises. Owner owns a parcel of laud ("Land") and a water tank ("Water Tank") located in the City of Saint Anthony, County of Hennepin, State of Minnesota, commonly known as 3109 - 33id Avenue, St. Anthony, Minnesota 55418-1699 (APN: 06-029-23-13-0002). The Watcr Tank and the Land are collectively referred to herein as the `Property." The Land is snore particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Nextel and Nextel leases from Owner approximately two hundred and forty (240) square feet of Land and space adjacent to and/or on the Water Tank and all access points reasonably necessary for the use dnereof (collectively, "Premises") as may be described generally in Exhibit 13 annexed hereto. Notwithstanding the foregoing, any improvements constructed by Tenant on the ground adjacent to the Water Tank shall be located a minimum of 15 feet from the drip line of the Water Tank. It is expressly acknowledged and agreed that Tenant shall have non-exclusive use of the Water Tank, and exclusive use of the ground fixtures Teuantinstalls on the Premises, pursuant to the provisions of this Agreement. 2. Effective Date/Due Diligence Period, This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Began Zing on the ISffcdivo Dato and continuing until the Term Commencement Date as defined in Para graph 3 below ("Due Diligence Period"), Nextel shall only be permitted to enter the Property for tho limited purpose of making approprilic engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, Structural and environmental tests (collectively, "Investigations and Tests") that Nextel nnay deem necessary or desirable to determine tlne physical condition, feasibility and suitability of the Premises. Prior to entering the Property, Nextel must provide Owner with evidence of the insurance required to be carried by Nextel hereunder. Nextel shall be solely responsible for returning the Property to its original condition, shall indemnify and hold harmless Owner from the cost of an Investigations and Tests conducted by or on behalf of Nextel, and shall keep the Property free of all liens. Throughout tire Due Diligence Period, Nextel shall have the ongoing obligation to maintain the Property and return the same to its condition prior to the Effective Date, including but not limited to, repairing any damage resulting from the conduct of its Investigations and Tests. Nextel shall provide Owner with copies of all reports generated by or on behalf of Nextel pursuant to this Section. The obligations set forth in this Section 2 survive the expiration or termination of the Agreement. Upon Nextel's request, Owner agrees to provide promptly to Nextel copies of any plans, specifications, surveys and Water Tank maps for the Land and Water Tank that are in Owner's possession. In the event that Nextel determines, during the Due Diligence Period, that the Promises are not appropriate for Nextel's intended use, or if for any other reason, or no reason, Nextel decides not to commence its tenancy of the Premises, then Nextel 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 Nextel expressly acknowledge and agree that Nextcl'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 Nextel 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. Term. The term of Nextel's tenancy hereunder shall commence upon the start of construction of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) 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 Tereus") on the same terms and conditions as set forth herein, including the animal rent increases described in Section 4 below. This Agreement shall automatically be extended for each successive Renewal Term unless Tonant notifies Landlord of its intention not to renew prior to commencement of the succeeding Renewal Term, or unless such Renewal Terms are cancelled by Landlord as set forth herein, 4. 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 fifty and 00/100 Dollars ($1,650.00) per month ("Rent"). Rent for any factional month at the beginning or at the end of flic Tenn or Renewal 'Term shall be prorated. Rent shall be payable to Landlord at Saint Anthony City IIall, 3301 Silver Lake Road, Saint Anthony, Minnesota 55418-1699; Attention: Mr, Jay Hannan. 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 increase on each anniversary of the Terns Coin mencementDate by an amount equal to four percent (4%) of the rent then in effect for the previous year. S. Use. From and after the "form ConunencementDate, the Premises may be used by "tenant for the installation of up to twelve 12) antennas on the Water Tank and such ground facilities as may be reasonably necessary to support such antennas in connection with the provision of communications services, and Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable with the prior written consent of Landlord, which may be conditioned upon Tenant's execution of an additional indemnification agreement. In tire event Tenant desires to install more than twelve (12) panels with 15 coxial cables and paint to match, Tenant nnust obtain the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord consents, the rental annount shall be increased by $1,000.00 per antenna, per year. Landlord agrees to cooperate with Tenant, at no out of pocket expense to Landlord, 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. (a) 'Tenant's right to use the Premises is expressly contingent upon its obtaining all certificates, permits, zoning and other approvals that may be required by any federal, state or local authority. Tenant shall present evidence that it has obtained such permits to Landlord upon demand therefor. (b) In the event of communication inierference or other conflict while this Agreement is in effect, the following priorities of use are listed in descending order, and "]tenant's use shall he subordinate accordingly: 1. Landlord; 2. Public safety agencies that are not a part of Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Tenant and other government regulated entities whose antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, but not including radio or television broadcasters. 6. Facilities; Utilities; Access. (a) Before obtaining a building permit, Tenant must pay fon- the cost of (i) a radio frequency interference study carried out by Nextel or an independent and qualified professional selected by Landlord showing that Tenant's intended use will not interfere with arty existing communications facilities and (if) and engineering study showing that the Water Tank is able to support the Tenant Facilities without prejudice to Owner's use of the Water Tank. The results of such studies shall be immediately delivered to Landlord. Within thirty (30) days after receipt thereof, Landlord shall either (1) terminate this Agreement, or (2) authorize Tenant to apply for a building permit for construction of the Tenant Facilities, as the same have been approved by Landlord. With the prior written consent of Landlord, Tenant has the right to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises communications facilities, including without limitation utility lines, transmission lines, an an conditioned equipment sltelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefor ("Tenant Facilities"). In connection therewith, and with Landlord's prior written consent, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for T'enant's business operations and to install transmission lines connecting the antennas to the 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. Tenant shall keep the Property free from liens. In the event any lien is filed on the property as a result of Tenant's acts, Landlord may immediately pay the same (including interest and penalties), and any amounts so expended by Landlord shall immediately become due and payable as additional rent. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant must 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. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. 10.15.2004 m (b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility service front any utility company that will provide service to the Property, provided that Landlord approves in advance any separate utility company selected by Tenant. Nothing herein shall be deemed to require Landlord to approve any utility company or grant any utility company any rights in the Property. (c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twonty-four (24) hours a day, seven (7) days a week, at no charge. Tenant's lease of the Premises pursuant to the terms hereof includes the right to access the same from the closest public right -of way. Tenant's indemnification and other obligations set forth herein are applicable to all access points to the Premises as well as the Premises depicted on Exhibit B. (d) Deleted. 7. Interference (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications i'acilities of Landlord or other lessees or licensees of the Properly, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities, except as defined fu Paragraph 5 (b). (b) 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 conti;,ruous thereto owned or controlled by Landlord, if such modifications cause intolei once mill Tenant's operations. in due event interfcrenco occurs, Landlord agrees io 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. S. Taxes. If property taxes are assessed on the Tenant',Facilities or the Tenant's ase of the Premises, Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when due all real property taxes, assessments and defamed taxes on the Property. 9. Waiver of Landlord's Lien. (a) Landlord waives any lien sights it may have concerning the Tenant Facilities, all of which are deemed Tenant's personal property and not fixtures, and "Tenant hasthe right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ("Collateral") with a third party financing entity (and ntay in the future enter into additional financing arrangements with other financing entities). ht connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt front execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Tenant Default; Termination. In the event Tenant fails to perform any of its obligations hereunder, and such failure continues for sixty (60) days after notice frog Landlord and opportunity to cure (or, in the case of a monetary default, ten (10) (lays after notice and opportunity to cure, except no notice is required for the payment of recurring monthly Rent), Landlord may exercise any of the following remedies: a. Termination. Landlord may deliver Tenant notice that this Agreement is terminated on the date specified in such notice, and upon such date this Agreement shall terminate, and all obligations of tine parties shall terminate on such date, except for those obligations specifically described to survive. b. Confirmation after Default. Landlord may allow this Agreement to continue, preserving all remedies arising from such default, and may, at Landlord's option, cancel all remaining Renewal Terms. 10.15.2004 M C. Damages. Landlord may pursue any action or claim against Nextel for damages, whether or not Landlord tins terminated this Agreement as set forth above. d. Imposition of Late Fee; Interest. In the evert of any monetary default, a late fee of five percent (5%) of the amount: due shall automatically be assessed. If any monetary default continues for more than ten (10) days after the date such payment was due, Tenant shall pay interest on such sun in the amount of eighteen percent (18%) Per annum or the highest rate permissible by law, whichever is less. C. Remedies Cumulative. All rights, privileges and elections or remedies of Landlord set forth above are cumulative and not alternative, to the extent permitted by law and except as otherwise provided herein. This Agreement may be terminated without further liability on thirty (30) days prior written notice by'renant as follows: (i) if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (it) if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iii) by Tenant if Tenant determines during the Due Diligence Period that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal inierforene.e. IL Destruction or Condemnation. If the Premises or Tenant Facilities 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, condemnation or hansf'er in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, deshuction, condemnation at transfer in lieu of condensation. If Tenant chooses not to terminate this Agreement, Root shall be reduced or abated in proportion to the actual abatement of use of the Premises. 12, Insurance. Tenant, at TenanNs sole cost and expense, shall pocure and maintain commercial general liability ("CGL') insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of 'Tenant, its employees and agents arising out of o in connection with Tenant's use of the Premises, all as provided for herein. Within thirty (30) days following the Effective Date, Tenant shall provide Landlord with a certificate of insurance ("COI") evidencing the coverage required by this Paragraph 12. Alternatively, Tenant shall have the option of providing Landlord with evidence of such coverage electronically by providing to Landlord a Uniform Resource Locator ("URL") Link to access Tenant's nnennouandum of insurance ("MOI') website in ode for Landlord to review the coverage required by this Paragraph 12. (b) Deleted. Section (c) was added to above Section. 13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Property or the Premises or to the Tenant Facilities or any other property thereon caused by, or that result from, risks insured against corder any insurance policies carried by the parties and in force at the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with ally damage covered by any policy. Neither Landlord nor Tenant shall be liable to the other for any damage caused by any of the risks insured against under any insurance policy required by Paragraph 12, 14. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold the other harmless front 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 fion the gross negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 15. Assignment and Subletting. 'renant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant 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, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 10.15.2004 19 abovo. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlord's Lien") above. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, m (iii) has obligations under m with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranty of Title and Quiet Enjoyment. Landlord warrants that (i) Landlord owns the Property in fee simple, has rights of access thereto from the nearest public roadway, which "Tenant is legally permitted to use, and the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not ill default hereunder after notice and expiration of any applicable cure periods. 17, Repairs; Maintenance. Tenant shall repair any damage to the Premises or Property caused by the negligence or willful misconduct of: deleted) Tenant. Upon expiration or termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear and loss by casualty for other causes beyond Tenant's reasonable control deleted] excepted. As part of the regular maintenance of the Water Tank and during the term of this Agreement, Landlord may from time to time paint the Water Tank. In such case, upon 30 days' prior written notice from Landlord, Tenant will remove all of its cellular phone antennas front the Water Tank. Tenant shall then be allowed to locate its antennas on a temporary antenna support structure provided by Tenant. Such temporary antenna support structure may be located in the immediate vicinity of tine Water Tank, at such a location that will allow tine antmunas to operate for Tenant's intended purpose, but which will not interfere with tine painting of the Water Tante. Upon completion of the painting of the Water Tank, Landlord shall provide written notice to Tenant of Cite some, and Tenant shall promptly reinstall its antennas on the Water Took, and Tenant shall further remove the temporary antenna support structure from the Premises or the vicinity of the Premises, as the case may be. Tenant shall also, at that time, have its antennas painted the same color as the Water 'rank. All Tenant's actions described inn this Section 17 shall be perfornned at Tenant's sole cost and expense. Tenant agrees that all of Tenant's obligations contained in this Agreement, including bit not limited to, defense, indemnification, and insurance obligations, shall continue during such time as Tenant's antennas are removed from the Water Tads, and shall be extended to cover Tenant's activities oa the Premises, specifically including but not limited to, the presence and operation of Tenant's temporary antenna support structure. In addition, upon prim written notice from Landlord, Tenant agrees to promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Premises, including painting or other maintenance of the Water Tank, that care caused by Tenant's occupancy of the Premises. Upon prior written notice from Landlord, Tenant further agrees to cooperate with Landlord in the performance of any maintenance of the Water Tank, including tuning clown the cell site when maintenance workers are in the immediate vicinity of the antennas; provided, however, that Tenant has the right to leave its antennas in place during any such maintenance of the Water Tank, which maintenance does not include painting. 18. Hazardous Material. (a) 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 nn, on, under, upon or affecting the Property in violation of any Environmental Law (as defined below), 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 Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord has no knowledge that notice has been givon to any predecessor owner or operator of the Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with ally Environmental Law for any environmental damage (or the presence of any Hazardous Material) in, on, under, upon or affecting tine 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 Environmental Law. (b) Without limiting Paragraph 14, 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 10.152004 ME expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 18 by such party; and/or (ii) environmental conditions or noncompliance with any Environnental Law (as defined below) that result, in the case of'1'mant, from operations in or about the Property by Tcnant 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 18 shall apply as of the ETtective Date of this Agreement and survive termination of this Agreement (c) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants o. contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall include, without limitation, any petioieum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in city form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or lite environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or re- aimed by any Environmental Law. (d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes, ordinances, or by-laws, and any judicial at administrative interpretations thereof, including orders, decrees, judgments, rulings, directives o notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmcntal pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise regulating or providing for the protection of the envircumnent. 19. Miscellaneous. (a) This Agrecmant constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) 130111 parties represent and warrant that their use of the Property and their personal property located thereon is in compliance with all applicable, valid and enforceable statutes, taws, ordinances and regulations of any competent government authority, (c) If any provision of this Agreement is invalid or unenforceable with respect to an)' 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. (d) This Agreement shall be binding on and inure to the benefit of the successes and permitted assignees of the respective parties. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight con ier to the address of the respective parties set forth below: Landlord: City of St. Anthony 3301 Silver Lake Road Saint Anthony, Minnesota 55418-1699 Attn: Mi. Jay Hartman Phone: (612) 789-8881 Tenant: Nextel West Corp. 400 West Grand Avenue Elmhurst, Illinois 60126 Athn: Senior Manager Site Development Phone: (630) 379-5700 With a copy to: Sprint 2001 Edmund Halley Drive Reston, VA 20191-3436 Second Floor, Mail Stop 213225 10.15.2004 M Attu: Contracts Manager- Legal 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. (f7 This Agreement shall be governed by the laws of the State of Minnesota. (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of' the County where the Property is located. (h) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to Tenant an executed and acknowledged non -disturbance and attonmmnt instrument for each such mortgage or deed of trust in a recordable form reasonably acceptable to both parties. (i) landlord agrees to fully cooperate with Tenant (including obtaining and/or executing necessary documentation) to clear any outstanding title issues that could adversely affiectTenant's interest in the Premises created by this Agreement. Q) In any case where the approval or consent of one party hcreto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (k) Each of tine parties hereto repeseut and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. (1) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended to construe the Agreement against the drafter will not apply against either party. (un) fn the event of any breach or default by either party, the other party shall be entitled to all rights and remedies provided for in this Agreement and/or available at law, in equity, by statute or otherwise, all of which rights and remedies shall be cumulative (and not exclusive), (n) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreenemt. (o) All Recitals set forth above, and all Riders and Exhibits annexed hereto, form material parts of this Agreement and are hereby incorporated herein by this reference. (p) This Agreement may be executed in duplicate counterparts, each of which Mall be deemed an original. 20. Marking and Lighting Requirements. Landlord shall be responsible for compliance with all marking and lighthhg requirements of the Federal Aviation Administration ("FAA"). Tenant shall be responsible for all marking and lighting requirements of the FCC, 21. Supplier Diversity. Nextel is committed to equal employment and vendor diversity. As part of this commitment, it is the policy of Nextel that small business concerns, veteran -owned small business concerns, 1iUBZone small business concerns, women - owned small business concerns, small disadvantaged business concerns (including 8(a) business concerns) and historically black colleges and universities and minority institutions ("Diverse Suppliers," as further defined below) shall have the maximum practicable opportunity to participate in performance of contacting between Nextel and its vendors. The term "Diverse Supplier(s)" shall mean and be defined as set forth in Federal Acquisition Regulation Part 19 and 13 C.P.R. Part 121. In addition, "Historically black colleges and universities," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean and include institutions determined by the Secretary of Education to meet the requirements of 34 C.P.R. Section 608.2; any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and "Minority institutions," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean institutions meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. § 1135d-5(3)); and also Hispanic -serving institutions as defined in Section 10.15.2004 IN 316(b)(1) of such Act (20 U.S.C. §'t059c(b)(1)). Landlord sliall, confirm ht the space below whether or not Landlord reasonably believes it qualifies as a Diverse Supplier. *"SIGNATURES ON I:OLLOWING PAGPI I- 10.15.2004 IN WITNESS WHEIZE017, the parties have executed this Agreement as of the date of the last signature below. LANDLORD: City of St. Anthony, A Minnesota municipal corporation By: Name: Title: Date: Tax I.D.: 'Divciso Supplier: —1 Yes � No TENANT: Nextel West Corp., a Delaware corporation By: Name: Jocelyn Prochilo Title: _ Director of Site Development— Cenhal Region Date: KE 10.15.2004 W STATE, OF COUNTY OF On before me, __ _ . Notary Public, personally appeared <Landlord>, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the inshument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (S13AL) Notary Public My commission expires: STATE OP Illinois COUNTY Oh DuPage On before me, Notary Public, personally appeared Jocelyn Prochilo, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 10.15.2004 IR EXHIBIT A DESCRIPTION OF LAND The Land is described and/or depicted as follows (metes and bounds description): The West 20 acres of the Southwest: Quarter of the Northeast Quarter of Section 6, Township 29, Range 23 according to the U.S. Government Survey thereof, I lennepin County, Minnesota, except: Tlie West half of the South ITalf of the West half of the Southwest Quartcrof the Northeast Quarter; The West 270 fool of the South 120 foot of the North half of the West half of said Southwest Quarter of the Northeast Quarter. APN: 06-029-23-13-0002 EXHIBIT 13 DESCRIPTION OF PREMISES M to the Agreement dated , 2005, by and between City of St. Anthony, a Minnesota municipal corporation, as Landlord and Nextel West Corp., a Delaware corporation, 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 authoities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. Without in any way limiting Paragraph 6 (or'renant's right to make future changes), Tenant intends to initially install up to twelve (12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 5. "rhe 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. m EXHIBIT C to the Agreement dated _ _ 2005, by and between City of St. Anthony, a Minuesota municipal corporation, as Landlord and Nextel West Corp., a Delaware corporation, as Tenant. RECORDED A'P REQUEST OU, AND WHEN RECORDED RETURN TO: Nextel West Corp. 400 West Grand Avenue Elmhurst, Illinois 60126 AM): Property Services MEMORANDUM OF AGREEMENT MN0323-A/ Gross APN: 06-029-23-13-0002 This MrMORANDUM OF AGRITIMFNT is enteredinto on this , 2005, by City of St. Anthony, a Mimiesota municipal corporation, with an address at 3301 Silver Lake Road, Saint Aothonv, Minnesota, 55418-1699 (hereinafter referred to as "Owner" or "Landlord") and Nextel West Corp., a Delaware corporation, with an office at d00 West Grand Avenue, Elmhurst, Illinois 60126 (hereinafter referred to as "Nextel" or "Tenant"). 1. Owner and Nextel entered into a Communications Site Lease A cement ("Agreenlcnt") dated as of , 2005, effective upon full execution of the parties ("Effective Date") for the purpose of Nextel undertaking certain in Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoin„ is set forth in the Agreement. 2. The term of Nextel's tenancy under the Agreement is for five (5) years commencing On the start of construction of the Tenant Facilities or eighteen (18) months following the Effective Date, whichever first occurs ("'Perm Commencement Date"), and terminating on the fifth anniversary of flit Ternt Commencement Date with five (5) successive five (5) year options to renew. 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 "Promises") 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 LANDLORD: City of St. Anthony, A Minnesota municipal corporation 4831-4264-5504\3 11/3/2005 10:16 AM TENANT: Nextel Weftvllp 1110/10 Title: Vice President of Site Development. - Midwest Date: 0 STATEOF COUNTY OF On before me, (or proved to me on the basis acknowledged to me tbhe or the entity I bel � ' PuVV My commission expires: STATE OF Illinois COUNTY OF DuPage to be ited the UU0 me and on, On _ before me, _ _ .__ _ , Notary Public, personally appeared Jocelyn Prochilo, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: A RESOLUTION APPROVING INSTALLATION OF THE A TELECOMMUNICATIONS FACILITY AT THE SITE OF THE CITY'S WATER TANK WHEREAS, Nextel West Corporation desires to install a telecommunications facility at the City's water tank; and WHEREAS, the City Council believes said facility will provide a source of rental income and improve wireless communications and emergency communication service for the City; and WHEREAS, the proposed lease terms are: Initial lease term: 5 years Renewal terms: Five 5 -year renewal options Proposed rent: $1,650 per month ($:19.800 annually) Term escalator: 4% per year of the previous year's rent WHEREAS, cost all utilities, phone lines, necessary improvements and planning and zoning expenses will be paid for by Nextel West Corporation, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves installation of a telecommunications facility at the site of the City's water tank under the conditions and proposed lease terms, as stated in the attached agreement between the City of St. Anthony and Nextel West Corporation. Adopted this 22nd day of November, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager RE MI To: Mayor and Councilmernbers Report No.: VI_B City Manager From: Kim Moore -Sykes, Assistant City Manager Date: November 22, 2005 Subject: Wireless Internet Connectivity Feasibility Study Regrcested Action: Consider adopting Resolution 05-091 to provide for a feasibility study to assess the City's connectivity needs for a wireless Internet system citywide. t34ckgronnd_ At a worksession on June 2, 2005 City Staff presented information to the City Council on wireless Internet (Wi Fi). Council had indicated an interest in this technology because several areas in the Community are not currently being serviced with Broadband Internet, including one City department:. As a result of the information presented at this worksession, the City Councilasked that Cheryl Johnson and Tom Asp, representatives from. Vichow/I rause be invited to do a presentation before the City Council. At a worksession in August, Ms. Johnson and Mr. Asp provided information about wireless systems and discussed specific connectivity issues that the City would need to consider before installing a Wi Fi system. Staff presented an update to the wireless Internet at the November 1st worskession and was directed to contact Virchow/Krause to invite thorn to submit a formal. RFP for conducting a feasibility study. In contacting Ms. Johnson, Staff was informed that she and Mr. Asp are no longer associated with Virchow/Krause. Apparently Virchow/Krause decided to remain strictly a financial consultant and sold their telecommunications division to Columbia Telecommunications Corporation, which does specialize in felecormnunications engineering and analysis. Ms. Johnson and Mr. Asp are retained by Columbia 'Telecommunications as two of: their principle analysts and will be heading up the team performing the proposed feasibility study for the City of St. Anthony. On November 16, 2005 Staff received an updated proposal of: total fees and expenses at $14,500 for the Scope of Services as itemized in the proposal, with a completion date of March 2006. Included with this Staff Report is a copy of the proposal as submitted by Ms. Johnson and Mr. Asp. Attachments: ® Proposal For Wireless Connectivity Feasibility Study 112205 council Stf Rpt WiN Feasibility Study.doc M Proposai For Wireless Connectivity Feasibility Study f Saint Anthony Village, Minnesota Columbia r Telecommunications t .. Corporation Telecommunication Systems Engineering Communications Engineering and Analysis for the Public Interest 5550 Sterrett Place, Suite 200 Columbia, MD 21044 410.964.5700 November 16, 2005 INTRODUCTORY LETTER MIN 1. SCOPE OF SERVICES ....... .................. ................ ............ .. ... I .......... .......................... -- ........ 1 2. PROJECT INVESTMENT ........................................... ......... I ..................................................... 7 3. SCHEDULE .... -- ...... ..................... ................. ..... I .................... ............................. ................. 8 4. STATEMENT OF QUALIFICATIONS AND EXPERIENCE ........................................................9 A. Related Experience— ..... .......................................... . ................. . . . . .......... — 9 B. Corpoiatc Overview ....................... - ................ --- .............. — ............. ....................... - ........... 10 C. Team Member Project Experiences ................ - .................. ............. ........................................... 12 D. Industry and Project Team Experience .......................... - .............. ......................... ... - ................... 21 5. KEY PERSONNEL ... ............ ... -- ..... — ......................... ... -- ....... ... ---- .................. -.27 6. REFERENCES ...... ....... ............. ............... ...... ..................................... ...... .......... 28 Columbia Telecommunications Corporation Telecommunication Symms Engineering EN .Columbia oarott m Teleceart munications Corporation INIm Is Telecommunication Symms Engineering 5550 Sterrett Place • Columbia, MD 21044 • 410-964-5700 • fax: 410-964-6478 • www.i dcnIetC I'C.cogi INTRODUCTORY 1XITER November 16, 2005 Scut via email —Ianoorerdci.saint-antiionv.tmi.us Ms. ICim Moore Sykes Assistant City Manager Saint Anthony Village 3301 Silver'Lake Road NNE Sxint Anthony Village, 1viIN 55418-1699 Dear Ms. Moorc-Sykes: Pursuant to your conversations and meetings with Tom Asp and Cheryl Johnson, we are pleased to present this proposal for a Wireless Connectivity Feasibility Study for Saint Anthony Village. Tom and Cheryl have recently Joined Columbia Telecommunications Corporation (CTC) after several successful years with Virchow Krause. CTC is a public interest communications engineering and analysis company. We are committed to helping local govermnents and utilities to tame technologies and maximize its benefits for the public interest. Our experienced project team -members bring you years of relevant experience, and our independence from vendors and carriers ensures recommendations are driven by Saint Anthony Village's interests and needs — not construction contracts or vendor royalties. Understanding of Needs The Internet has changed all our lives: • The way we teach, • The way we learn, • The way we conduct business, and • The way we communicate. The change of transformation is not over; it has just begun. The Internet is a necessity, not a luxury. The Internet enables services to become applications. Our approach to reviewing the feasibility will explore: • Gnhancing economic vitality; • Promoting improved connectivity service to businesses and residences; • Understanding the connectivity needs of constituents and working to meet those needs. With the help of our project team, Moorhead Public Service (MPS) in Moorhead, MN has deployed a city-wide Wi-Fi network. After deploying fiber optics in the community, MPS examined whether offering an essential high-speed wireless Internet service would benefit the community and allow for return on investment, Now MPS is moving forward with a wireless Internet offering that will serve residents, college students, and businesses in the community. Bill Schwandt, MPS's General Manager, is willing to share his experiences with you of working with Tom Asp and our team members. Bill's telephone number is 218.299.5404. 5550 Starrett Place • Suite 200 o Columbia, MD 21044 a TO 410.964.5700 • Fax 410.964.6478 > www.inteieetCTC.com Columbia Telecommunications Corporatimi M Ms. Kim Moore -Sykes November 15, 2005 Page 2 - To accomplish the above we will: • Review appropriate wireless technologies; ® Outline potential applications; m Develop estimated project costs; m Review existing broadband services; o Devclop a preliminary cost -benefit analysis and required subscriber participation; o Develop recommendations and considerations. Our project loam is familiar with the issues that Saint Anthony Village faces and experienced in assisting cornnunitics to review connectivity and service options. White previously with Virchow Krause, our project team members assisted clients (such as Moorhead Public Service in Moorhead, Minnesota; the City of Sturgis, Michigan; and the City of St. Louis Park, Minnesota) who similarly wanted to advance availability of competition and telecommunications services in their community. We encourage you to contact the references we have provided and to have these other local governments share their experiences will) you. We also encourage you to visit www.gonioloillvad.com to see the exciting new wireless Internet offering in Moorhead. Our project team has been involved in the planning and teaching of a number of seminars and conferences across the eounay on wireless, fiber, and other technologies that are of importance to local government We are always happy to share our knowledge and expertise. Our Tmala lots Experience Working with Municipalities Our team is a powerful combination of' market assessment experience, technological expertise, and financial sophistication. The project train members have served similar municipalities in various capacities over the years; therefore, our firm has insights to offer Saint Anthony Village that other vendors do not have. In addition to this experience, our team consists of experts in voice, data, fiber optics, wireless, engineering, and technology planning. We will work carefully, but quickly, to get this project completed to meet your schedule. o Independence —We can give you the highest Level of confidence that CTC )maintains professional standards. You can be confident that our methods and practices uphold 011e highest ethical standards and ensure complete independence. Commitment and Company Strength — CTC and our project tram members maintain a solid reputation for providing high quality, consulting services to the public sector. CTC works exclusively for public sector and nonprofit clients. Understanding the unique characteristics of Saint Anthony Village is critical. For example, there are approximately 3,700 households in a 6.1 square kilometer area. In comparison to other communities pursuing wireless Internet, Moorhead has 11,600 households in 35 square kilometers, and St. Louis Park has 20,700 households in 28 square kilometers. 'These demographic differences will decrease the cost (engineering and implementation) of a wireless network; however, it may increase the required market share to maintain positive cash flow. ® Technology Understanding — Our experience and background in networks, public safety, and utilities will ensure that Saint Anthony Village will be able to review technology solutions that will meet its objectives now and in the future and not a preconceived solution. In other words, we are able to assist in determining what technology will meet the objectives today and in the future. In addition, since we do not sell equipment or offer construction services, we are able to provide unbiased, independent assessments of technology and the vendors. M Ms. Kim Moore -Sykes November 15, 2005 - Page 3- m Breadth of Experience — We have engineers, connnunications experts, and analysts on staff whose . combined experience allows us to suggest and identify new concepts and realities for consideration. The CTC project team has more experience and resources to meet your needs and to lead this project than any other provider you may consider. Our services will provide you with information of high value — information needed to assist in making the critical decisions that will be necessary as Alarming strategies evolve. We appreciate the opportunity to submit this proposal and welcome the opportunity to present our approach to you in person. If you have any questions or need additional information, please contact Cheryl Johnson at 612-799-1697 or me at 410.964.5700. Best Regards, C L40_ _ k )'W Joanne Hovis, President COLUM13IA.'1)7,LECOMMiJNICA'PIONS CORPORATION JH/clj cc: Cheryl Jobuson Porn Asp M The project team will develop lire business plan by executing the following steps: 1. Cot:dtect an On -Site Shntegy Sessioie Our project team will meet with the Saint Anthony Village representatives to discuss project objectives necessary to complete the study. Specific discussion points may include: ® Establish standard terminology to be used in the project. e Understand the goals and objectives of the studies and research methodology. m Define the drivers for going forward with this project. e Review potential for homeland security and other grants. o Review information analysis procedures and required resources. m Review the scope of work to be performed, develop an appropriate timetable, and discuss any changes to the Scope of Services. Define any existing community connectivity plans or project analyses completed or underway. ® Review the identified stakeholders and potential required services. m Identify potential key stakeholders and understand the relationships of your business advisory group. m Review project schedule and key milestones. ® Brainstorm on community partner ideas. o Understand existing Saint Anthony Village inf3asnuorne, if any, such as fiber, watertowers, and leave posts. 2. Gstirraate N1ar•lrel Poterttiat Prom our market research experience in the area, we will estimate: m What types of telecommunications and broadband service do residential customers currently use? And for what types of services, systems, programs etc.`? ® What do they see as the limitations of their current situation? • What additional capabilities are they currently interested in adding? In order to do what'? For example, is their goal faster data transfer, more in-depth data transfer, etc. ® What are their expectations for their current and future high-speed needs and how well does the current provider meet those needs (Gap analysis), n How aware are respondents of current high-speed options? ® Considering fume needs, which of the products and services do the customers have plans to add in the next year or two? .?. Perforin a Carnpetitive dssessneent We will document the accessibility, type, capacity, and use of advanced connectivity services in Saint Anthony Village. ® Develop list of current providers including generic coverage areas and costs for services provided. ® Determine location, condition and type of current infrastructure access points. o Identify providers of telecommunication used by the residential and small business markets (phone, video, and Internet access). ® Identify the local offerings of the existing CATV, Internet, and telephone providers. Review the pricing of current service offerings. ® Identify providers of high capacity transport services ('rl and above) in the region. ® Identify the current service offerings of the telecommunications companies serving the high capacity transport needs of businesses in each region. m Perform a comparative evaluation of the incumbent systems, with available data, to determine its capability of meeting the broadband needs of the area. M Service characteristics (speed, other) Monthly recovery costs One-time costs Limitations and issues Provide a comparative analysis of the offerings between companies providing the same type of services. - Nature of services, including speed - Monthly recurring costs - One-time costs - Provider's likelihood of success 4. CmxlrectConceptaalNebvorBDesignrrr:dCastirzgReview We will look at a variety of wireless solutions (Wi-Fi, WiMAX, Phased Array, BRS, MBS, and MMDS) and the uadcoffs of cost and performance. In addition, the network models can be applied to the business case to assist in determining which approach best serves the needs of Saint Anthony Village in the long- tens. This allows Saint Anthony Village to make an informed decision on what network to pursue. A review of advantages and disadvantages of the technologies will be provided in this step. In particular, we will investigate the ability of the networks to support emergency communication. Hr addition, we will provide an estimate of the number of nodes required to provide full coverage in Saint Anthouy Village. We will also provide backhaul requirements based on both wireless and fiber transport and the topology of Saint Anthony Village. The results of this step will provide a conceptual high -Level design and projected implementation costs for the involvement models identified. This conceptual design will include installation requirements and costs. 5. Assess Operation Issues We will review operational and other costs associated with the project that can directly impact the feasibility of the project including: • Staffing levels, associated benefits and salaries • Billing issues including development and interface with existing systems • Network management based on type of network • Legal and consulting fees • Business initiation costs • Franchise expenses • Network maintenance and insurance • Pole attachment and/or Right of Way access and fees • Make ready costs • Marketing • Office expenses • Facility expenses (lease vs. purchase) These issues will be discussed in the report and quantified in the cost/benefit analysis. 6. Provide Insights on Mnancing Options It may be possible and essential for Saint Anthony Village to receive a grant to help assist in the costs of establishing an advanced communications business. We will provide an overview of potential grant sources including: • State and Federal advanced communication initiative grants • Corporate and foundation grants ® Home Security project grants • Education grants (FCC's c -rate, etc.) ® Other In addition, how Saint Anthony Village obtains authorization to entor the business will impact the various financing alternatives. In addition, we will present a range of financing options and their impact to the business model. ® Revenue Bonds m Revenue Bond/Letter of Credit e General Obligation Bonds m Special Condition Loans Vendor Financing Equity Partners m Other Grants typically require filing in the 4th or I st quarler of each year. Z Outline Potetitial Partnership (Alliance) Oppor(tezzities Alliances will be sought that may foster the development of connectivity services and improve the overall benefits, citable new business models, and encourage stakeholder alternatives. We will review the advantages and disadvantages of various forms of partnering, how it could be done, with whom it might be done with (names of potential partners if available) and estimated costs and expectations of both parties in a partnership mode. These relationships can lower the cost of constructing the infrastructure and offer expertise that can assist Saint Anthony Village in meeting its goals and objectives. Potential alliances include Competitive Local Exchange Carriers (CLI:C's), Internet Service Providers, and municipalities. 8. Outline Business Models and Develop Cost Benefits Analysis From the results of the previous steps, we will provide insights and recommendations on the appropriate business models to address the identified needs. Potential business models may include: a Internal Services Network which supports public safety and other needs ® Retail business which includes staff Help Desk and ISP Ilosting ® Modified Retail which has minimum staff and outsources Ilelp Desk and ISP Hosting ® Open Access Network (allows multiple providers to deliver services over the infrashructtne) ® hybrid Open Access Network — Selected business "partners" are sought to deliver retail services over the infrastructure ® Encourage private providers to offer lower cost service through select infrastructures Included is a review of any opportunities for partnerships with both end users and service providers. Our recommendation of approaches will be based upon a balance of the identified opportunities and risks, economic developed benefits and the likelihood of success. We will prepare a cost/benefit analysis, which will include pricing and market penetration assumptions for broadband Internet, specialty services, and other identified markets. Our cost/benefit analysis will also provide working capital projections. In addition to providing cost/benefit analysis for individual service offerings, the model will include an overall analysis for viable potential services detailed in this proposal and identified in the market potential assessment. The financial analysis will leverage the results of the market research and provide: - Sensitivities of Ivey assumptions including, but not limited to: I - Market penetration -I. pricing + Ticred revenue suuctmes + Operating fees + System construction + Staffing levels - Base, best, and worst case analysis. The cost/benefit analysis will follow accounting standards and will not rely on cross -subsidization or off balance sheet debt to skew results. The analysis will also provide schedules that detail n Operating income and cash flow • Not present value analysis o Subscriber revenue by service • Subscriberrevenue bycustomm/customer class o Debt service analysis n Reserve find requirements m Uses and sources of finds ® Operating expenses ® Operational savings ® Depreciation summary ® Projected construction costs summary for network, hardware, buildings and other equipment s Return on investment (ROI) Additional appendices for each service will further analyze the costs and revenues associated with the project. One of the most critical components of a financial analysis is to determine the impact that varying assumptions will have on the project. We will perform a sensitivity analysis of the factors used in the cosUbenefit analysis. The sensitivity and breakeven analysis will assist Saint Anthony Village in assessing the downside risks of the project. For example, if the analysis assumed a 35% market penetration for htternet, what would occur if the penetration were reduced to 25%? What happens if Internet pricing is reduced 10%? 20%? ,7 9. Provide a Schedule of Activities & Tasks We will discuss the preliminary steps that will be necessary to initiate the recommendations. X0. Develop Report tail Recornneendatians Our recommendations will include: ® What is needed? • What is doable? a What is practical? • What alliances would enhance community objectives? o I -low public private "partnerships" might asset the community. We will provide Saint Anthony Village with one (1) written copy and one (1) electronic copy in .pdf format on CD of the draft written report documenting all of our findings and recommendations including an executive summary. Once the draft report has beeil reviewed and approved by management, Saint Anthony Village will be provided Willi one (1) hard copy of the final report and up to ten (10) electronic copies in .pdf format on CD. We will also conduct an iu-person presentation of our final findings and recommendations in summary form. Optional Services Conduct Market Research Our research program will produce important insights for Saint Anthony Village with regard to the region's connectivity environment, including, but not limited to: o What types of connectivity and broadband service do residences, business and public sector customers currently use? And for what ,types of services, systems, programs Cie.? a What do they see as the limitations of their current situation? a What additional capabilities are they currently interested in adding,? In order to do what? For example, is their goal faster data transfer, more in-depth data transfer, etc. ® What are their expectations for their current and future high-speed needs and how well does the current provider meet those needs (Gap analysis). ® How aware are respondents of current high-speed options? a Considering future needs, which of the products and services do the customers have plans to add in the next year or two? ® Considering future needs, how likely would respondents be to purchase communications services from new providers if they were available? Support and wholesale infrastructure utility? ® With demographic and some psychographic questions answered for the various populations — residential, business and public sector— an in-depth analysis will be possible. Methodology Data collection methodology for this market study will include a random sample telephone survey of the approximately 3,700 residential households (goal of obtaining 300 completes) and a written survey to all of the approximately 75 business decision makers in Saint Anthony Village. The residential interviews will be conducted by telephone and we estimate that they will be approximately 10-12 minutes in duration. The written business surveys will be direct mailed with a postage -paid return MI envelope enclosed to assist in obtaining a strong response. In addition we will also conduct personal interviews (up to ten) of key decision makers in Saint Anthony Village. Survey Instruments We will develop both survey instruments in collaboration with the key staffof Saint Anthony Village. The surveys will be scrutinized lot objectivity and for their ability to gain answers to all questions at hand. After the surveys are approved, we will move to field-testing. Data Collection Telephone interviews will be the data collection method for the residential study. Trained interviewers in a supervised setting using a computer-assisted telephone -interviewing program will conduct all interviews. The written surveys for the businesses will be tabulated upon their return by mail. Interview Selected Users We will conduct personal interviews with up to ten (lo) r'e'presentatives from the village departments, school districts, medical, and other institutional users in Saint Anthony Village. These users may have significant unroof needs; therefore, determining their requirements is important. Given this, it is not recommended to solely rely on it survey, or to solely rely ou interviews to estimate the market potential. Data gathered in this stage can be further leveraged at it later time for marketing purposes. Results will yield qualitative data. Analysis of Data Upon completion of the data collection processes, we will conduct a thorough analysis of all data and create an in depth report of findings, conclusions and recommendations for application of the findings. Our general analysis will focus on discerning patterns and trends. In addition, we will individually examine any subgroups of interest (e.g, demographics) to illuminate areas of similarities and differences. Statistical tests appropriate to the research questions and format of data will be used to identify significant relationships between variables and significant differences between subgroups. We will also code and tabulate any open-ended responses. Reporting Research Results We will synthesize all studies to yield the findings, present conclusions and make recommendations for fixture courses of action relating to current and future demand for telecommunications and broadband services in this market area. We will prepare it complete client package for every study conducted that includes findings, condensed conclusions, and a fill set of recommendations for a wide range of management, marketing and communications strategies. We find it can be helpful to make both preliminary and final presentations of findings, in case additional questions arise from the initial meeting that can be explored through alternative forms of analysis. In addition, we will be available for consultation and an insight after each study is completed. m The total fees and expenses is $14,500 for the Scope of Services proposed. The optionat Market Research will increase the total project investment by $11,000. a] Given a November 22, 2005 acceptance date, with a probable project start in January 2006, we are prepared to complete th¢ study by the end of March, 2006. A. RELATED EXPERIENCE Our project team members have experience in assisting cities like Saint Anthony Village in analyzing and reviewing the existing telecommunications and connectivity landscape in their community, as well as the development of business models that meet identified needs and demands. Upon completion of the proposed Study, Saint Anthony Village will know which telecommunication services residents and businesses desire, what cost they are willing to pay, and what technologies are appropiiatc. Some examples of commmnitics where our project team members have performed similar projects while previously with Virchow Kiausc include: Moorhead Public Service (MPS) in Moorhead, MN was interested in exploring whether offering broadband services was a viable option. After completing a thorough study in 2002, we recommended that MPS should not pursue offering broadband services at that time. In the meantime, the technology available and the costs have changed. Project team members conducted another study in 2004 in which we researched the marketplace and developed a business plan. MPS is now beginning an offering of wireless high-speed Internet access to residents, college students, and businesses in the community. Moorhead has learned from and improved upon the experiences of communuies tike Chaska, MN and Corpus Christi, TX in offering wireless Internet access. ® St. Louis Park, MN is investigating the. possibility of deploying a city-wide Wrhi network. The study, just Completed, investigated several business models to advance the availability and affordability of Internet connectivity. ® Our team members have also assisted the Pulaski Llectric System in Pulaski, 'IN in developing a fiber -to -the -premises (hITP) business plan that includes the preparation of business models, cost analysis, and probabilistic outcome analysis. In addition, the team members previously conducted residential mtuket research to assess the interest in Internet, cable TV, and telephone services in Pulaski. ® The members of our team assisted the City of Sturgis Flecuic Department in Sturgis, MI with a broadband wireless business plan. The team analyzed the possibility of the City of Sturgis developing, constructing, providing, and selling wireless broadband services (retail or wholesale) to businesses and residents. In addition, our team members previously conducted a market analysis for the need for high-speed Internet and data connectivity for businesses located in Sturgis. o The team members also assisted North Aurora, 11. with a commercial broadband feasibility study. This study provides an analysis of current telecommunications issues and opportunities in and around the community, and develops recommendations and strategies designed to advance available connectivity options. Our team members have been asked by Public Technology Institute (PTI) to assist the organization in educating cities, counties, and other local government entities on wireless technology and wireless business planning. PTI serves as the technology advisor to the National League of Cities, National Association of Counties, the US Conference of Mayos, and other major government associations. Our team has been involved in the planning and teaching of a number of seminars and conferences across the county on wireless and other technologies that are of importance to Local government. We are always happy to share our knowledge and expertise. M B. CORPORATE OVERVIEW Our team approach offers you our combined staff resources and expertise in conducting this type of Study. In this proposal, we provide details on the experiences, references, and resources of our firm. The train members bring direct and current experience reflecting leading edge technology and business practiccs. The methodology that we have proposed for this project is complete in its understanding of the project requirements, yet provides numerous opportunities for regular communications between Saint Anthony Village and team members as well as the flexibility to incorporate new information into the project when those opportunities occur. We can fully appreciate the unique opportunity you have extended to our team in allowing its to provide our proposal for this project. We bring a cost effective approach that provides both the experience and knowledge of issues related to studying the telecommunications and technology infrastructure and planning for your future needs_ We look forward to assisting Saint Anthony Village with your technology planning efforts. Our commni Imen[ is to help nen• clients succeed in meeting their slrategie goals. Columbia Telecommunications Corporation CTC has served the public sector and the, public inlcrest for oven 22 }ears. CTC provides communications engineering and public analysis consulting services for public sector and non -proiil Ghouls throughout the United States, Since 1953, we have provided wide-ranging communications engineering and consulting services for hundreds of ctients around tine country. All CTC Principal Engineers hold a professional engilreering license. Our senior staff averages more than 25 years experience in evaluation and design of As a woman -owned communications systems ranging from municipal networks to wireless facilities. �� �..�. �� All engineering work is performed by or under the direction of licensed company, y, Professional Engineers. minority business CTC has incomparable experience with engineering issues regarding broadband enterprise status in availability and open access broadband systems to serve the public interest. Since the open access issue first came to (lie fore in the 1990s, CTC has served numerous states, as the premiere engineering firm advising the public interest community and local governments regarding the engineering issues of broadband open access -- and the ways in which closed systems call be used by industry to manipulate and monitor user transmissions. In the past five years, CTC has advised the communities of Los Angeles, Montgomery County, MD, and Arlington County, VA regarding engineering means by which open access can be achieved over broadband cable. We advised the City of Philadelphia regarding the technical capability of other technologies to compete with cable broadband. Our engineers conceived, negotiated, and designed a "separate channels" open access solution for Arlington County's Institutional Network ---a truly open access environment in which the cable company cannot manipulate or monitor. We then oversaw implementation of that network, which is currently used to address digital divide issues by granting access to County school students whose eligibility is determined by school -lunch program participation. In addition, CTC has for a number of years advised a range of public interest groups regarding the engineering issues inherent in open access implementation, including, most recently, by writing a report for the Center for Internet and Society at Stanford Law School and the ACLU that served as the technical basis 10 m for those parties' amicus brief to the US Supreme Count in the Brand X broadband case. In addition, that report addressed the means by which telecom/cable indushy use of proprietary (rather than standards- based) technologies reduce technical competition by preventing competing manufacturers and service providers from nucroperating with broadband networks. In the areas of network planning and design, CTC works with the frill range of existing and emerging technologies. We hold incomparable expertise in supporting local governments to develop broadband communications networks using wireless, fiber optics, and other technologies. From New York to Santa Monica, we have planned, designed, negotiated, and implemented sophisticated telecommunications projects that control expenses and minimize disruption. CTC has planned telecommunications networks using a multitude of transmission technologies and architectures. We have created wireless plans, designed wireless networks, and engincered/implemented pilot projects. We have developed fiber optic master plans, including fiber routing and specifications. We have planned both LANs and WANs to provide integrated voice, video and data capabilities for educational institutions, state and local governments, and non-profit institutions. We have also provided technical support in the design, development, and construction of these networks. We have conducted detailed user requirement analysis interviews and cost modeling, specification of system components, system certification, and performance uuodeling, among other tasks. Included in this practice is a group of professionals that provide consulting services to municipal utilities of all types throughout the nation. The specialized focus of this practice gives our staff the understanding of the issues your of galmstion faces and gives them the experience to find effective solutions. Services that our team members provide to our clients include ® Advanced communication business plans and feasibility studies a Market research ® Community needs assessments e Cable television franchising support services ® Assessing Automatic Meter Reading System needs and benefits m Information systems analysis m Customized workshop training sessions for managentcnt and board members Our team maintains complete independence in our evaluations, analysis, and reporting. This assures our evaluation will be fair, objective, and intended to serve the best interest of your organization and the taxpayers in your community. CTC chooses not to offer construction services, nor do we endorse equipment and network vendors. This is a critical component that separates as from other firms and will assure management that we will identify all pertinent issues involved in this venture. You can be confident that our methods and practices uphold the highest ethical standards and ensure co»eplete independence. C. TEAM (MEMBER PREVIOUS PROJECT EXPERIENCES WHILE AT VIRCHOW KRAUSE Client Contact date Project Description City of Mr. Randy Gehl, 2005 Municipal Communications Dubuque, IA Public Information Utility Feasibility Study. Officer Evaluate the current state of 50 West 13°i Street so) vice offerings in the City of Dubuque, Iowa Dubuque and the potential 52001-4864 market for new services 563.589.4151 including the following: rgehlCicityofdubuque, a Determine current and .off, future broadband needs; identify services that are currently available and their respective costs. Identify any service gaps. a Outline strategies for improving and expanding the broadband infrastructure to facilitate the availability and affordability of enhanced connectivity services. a Examine the range of residential, business, and community applications that are evalual'ed with the availability of advanced connectivity services. o Address various business model options such as creation of partnerships and alliances, leasing of infrastnlctuies, offering wholesale services, and offering retail services. ® Examine the range of technology platforms (I'T"IP, wireless, other) that will support the desired applications and services. 12 M Client Contact Date Project Description City of Saint Mr. Clint Pires, 2005 Wireless Internet Service Louis Park, MN Director of Feasibility Study. Assess the Technology & feasibility of the deployment Support Services ofa citywide Wi-Pi network, 5005 Minnetonka which involves conducting Blvd market research, performing St. Louis Park, MN an assessment of the 55416-2290 competitive environment, 952924.2517 creating a conceptual network gpiresildstlouispaik design and costing review, reviewing operational issues, _ OM developing a range of potential business models, and completing a detailed business plan for the most appropriate City involvement, including a thorough financial analysis. City of Ms. Janellc 2005 Telecommunications and Woodbury, MN Schmitz Technology Study. Conduct a Economic detailed analysis of the Development community's existing Coordinator telecommunications services Community and demand, including a Development competitive assessment, Department market research and City of Woodbury forecasting of future needs; 8301 Valley Creek develop and assess a variety of Road business models to improve Wood Woodbury, MN Woodtechnology telecommunications and infiash UCture, 5512714-3534 recommend the most LschmitzC@c, appropriate model and acate a i.w_oo detailed priority work plan. db y.um.us 13 Client Contact Bate Project Description Pulaski Flecuic Mr. Ron Holcomb 2005 fiber to the Premises Department General Manager Business Plan. Develop a cost Pulaski Fleenic benefit analysis and marketing System plan to deliver state-of-tlre-art 128 S. First Street services once a fiber-to-the- PnlaSld,'m 38478 premises network services considered include video -on - demand, cable television, Internet, HDTV, and support of,' V o1P. MOorhead Public Mr. Bill Schwandt 2004/2005 Wireless Business Plan. Service General Manager Develop a cost benefit analysis 500 Center Avenue, and mutual marketing plan to Second Floor City offer a low cost essential I -fall Internet service to residents P.O. Boa 779 and businesses in the Moorhead, MN community. 'Project scope 56560-0779 includes working with various 218.2995400 community leaders and officials to obtain necessary approvals and commitments. 2002 Telecommunications Feasibility Study and Business Plat. Leverage the existing dark fiber network to advance the communication capabilities of the community. The study includes market research to assess the market need and opportunity for Moorhead Public Service to provide communication services to the community via an FTTP network. Project scope includes development of cost -benefit analysis, risk assessment, and competitive analysis. 14 M Client Contact Date Project Description Tcnnessec Mr. Mark Smith 2005 Telecommunications Municipal Attorney -at -Law Strategic Plan. Provide in- Elechis Powcr Miller, Martin depth analysis of municipal - Association Pill -C, offered telecommunications (I; MEPA) Suite 1000 services for five cities in Volunteer Building Tennessee (3 with FTTP). 832 Georgia Develop forward-looking Avenue strategic plans based on historic Chattanooga, TN and forecasted financial data, 37402-2289 competitive environment, and technological advances. Village of North Ms. Sue 2004/200.5 Commercial Broadband Aurora, IE McLaughlin Feasibility Study. Provide an Village analysis of current Administrator telecommunications issues and Village of North opportunities in and around the Amon community, and develop 25 E. Street recommendations and strategics North Aurora, 11, designed to advance the 60542 available connectivity options. City of Mr. Mark Curl all 2004/2005 Telecommunications Rate Naperville, IL Assistant Director Study. Conduct a high-level City of Naperville study to determine the costs Public Utilities- and benefits associated with the Electric implementation of it new 400 S. Eagle St. telecommunications system, Naperville, 11. and provide a detailed 60540 comparison to the costs and benefits of the existing system. 15 Client Contact mate Project Description Genesee County, Mr. Tom Goergen 2004 UukMiehigan Broadband Mi Asst. Director Strategic Plan. Development Planning ofit strategic plan to improve Commission, availability and affordability of Genesee County broadband services. Project 1101 Beach St, scope includes assessment of Room 200 existing telecommunication Flint, MI 48502 infrasu�ucture, outline available services, and identify gaps in broadband availability and affordability. Particular attention is paid to economic development benefits as it result of broadband services and creation ofjob employment opportunities, Village of Mr. Mike Pollocoff 2004 Fiber Optic Plan. Develop it Pleastmt Prairie, Village business plan for the WI Administrator installation of it fiber optic ring Village of Pleasant in order to provide connectivity Prairic services for area industrial 9915 39th Ave. parks. Pleasant Prairie, WI 53158 City of Bellevue, Mr, Gary Clesson 2004 Telecommunication Business WA 301 116th Avenue Plan. Conduct market research SE, Suite 450 to identify broadband service Bellevue, WA and demand gaps. Develop a 98004 range of business models from 425.452.6899 regional fiber connectivity to ubiquitous wireless services, to hot spots. 16 61 Client Contact Date Project Description City of Sullivan, Ms. Site Butlry 2004 Fiber Optic Assessment. IL Treasurer Develop 'fiber optic plan to 2 West Ilarrison St. connect key city buildings, Sullivan, 1L 61951 schools, and business parks. In 217928.7815 association with the fiber plan, Michigan (ASK) complimentary wireless affordability of broadband strategies were developed. The Development wireless will provide connectivity to facilities not assessment of existing located on the fiber backbone. 2003 Broadband Market Assessment, Assess for the residences and businesses in the City of Sullivan. Analysis included a comparison of perceived performance of cable television, Internet, and telephone providers. In addition, the assessment outlined potential strategies, given the market research I csuhs, to advance the availability and affordability of broadband services. Allegan, St. Mr. John Sych 2003 LialMiehigan Broadband Joseph, and Senior Planner Strategic Plan. Development Kalamazoo Kalamazoo County of a multi -county strategic plan Counties of Planning 8a to improve availability and Michigan (ASK) Community affordability of broadband Development services. Project scope includes 201 W. Kalamazoo assessment of existing Ave. telecommunication Kalamazoo, MI infrastructure, outline available 49007 services, and identify gaps in 269.384.8115 broadband availability and affordability. Particular attention is paid to economic development benefits as a result of broadband services and creation of job employment opportunities. 17 M Client Contact Date Project Description BryanTexas Mr. Wayland 2003 Broadband Feasibility Utilities Simmons Review. Conduct a high-level Product Managor — analysis of the potential New Ventures opportunity of Bryan Texas 205 L. 28th Street Utilities to provide cable Bryan, TX 77803 television and Internet services 979.821.5753 in the community. The review included a costestimate of a Fiber-to-the-Ilome (PTPH) alternative and required market shares to maintain cash flow and debt service requirements. Saint Clair Ms. Vickie R. 2003 LinkMichigan Broadband County, MI Ledsworth Strategic Plan. Development Director of of s strategic plan to improve Business Retention availability and affordability of & Comnutnity broadband services for the 1.5 Services counties in Michigan's Upper Economic Peninsula. Project scope Development includes assessment of existing Alliance of St. telecommunication Clair County infrastructure, outline available 735 brie St., services, and identify, gaps in Ste. 250 broadband availability and Port I-luron, MI affordability. Particular 48060 attention is paid to economic 877.982.9511 development benefits as a result of broadband services and creation ofjob employment opportunities. 18 Cm Client Contact Bate Project Description Upper Groat Mr, Andrew Bek 2003 LinkMichigan Broadband Lakes Director Strategic Plan. Development Educational 21.7 N. Front of a strategic plan to improve ,feehnologies, Marquette, MI availability and affordability of Inc. (UGLETI) 49855 broadband services for the 15 906.228.4143 counties in Michigan's Upper Peninsula. Project scope includes assessment of existing telecommunication infrastrnetnre, Ondine available services, and identify gaps in broadband availability and affordability. Particular attention is paid to economic development benefits as a result ofbroadbaudservices and creation of job employment opportunities. County of Mr. Eduardo 2003 LinkMielrigan Broadband Muskegon, MI Bedoya, Strategic flan. Development Information of a strategic plan to improve Systems Manager availability and affordability of Central Services broadband services. Project Building scope includes assessment of 141 Apple Avenue existing telecommunication Muskegon, MI infrastructure, outline available 49442 services, and identify gaps in 231.724.6485 broadband availability and affordability. Particular attention is paid to economic development benefits as a result of broadband services and creation of job employment opportunities. 19 MI Client Contact Date Project Description Calhoun, Ms. Kathy Eftelchari 2002 LinkMichigan Broadband Branch, Marshall Economic to Strategic Plan. Development: Hillsdale, Development, City of 2003 of a multi -county strategic plan Jackson, and Marshall to improve availability and Lenawce 323 W. Michigan affordability of broadband Counties of Avenue services. Project scope includes Michigan Marshall, MI 49068 assessment of existing (CBIIJL,) 269.781.5183 telecommunication infrastructure, outline available services, and identify gaps in broadband availability and affordability. Particular attention is paid to economic development benefits as a result of broadband services and creation ofjob employment opportunities. County of, Cass, 'ferry Proctor 2002 LhiltMichigan Broadband MI County Administrator to Strategic Plan. Development of Cass County Building 2003 a strategic plan to improve 120 N. Broadway availability and affordability of Street broadband services. Project Cassopolis, MJ 49031 scope includes assessment of 616.445.4420 existing telecommunication infrastructure, outline available services, and identify gaps in broadband availability and affordability. Particular attention is paid to economic development benefits as a result of broadband services and creation ofjob employment opportunities. 20 tb . Client Contact Date Project Description CINC mr, Donald Johnson 2002 Telecommunications c/o Eau Claire Arca Feasibility Study, Business School Dish ict Plan Development - 500 Main Street Condominium Network. Lan Claire, WI 54701 Study includes evaluating the 715.852.3081 feasibility of establishing telecom services, developing a business plan and making system recommendations. CINC consists of two cities, two counties and four educational districts (including two State colleges) that wish to construct a condominium fiber networl< to interconnect their facilities. They also wish to lease the dal "k fiber to potential partners. Iloulion Water Mr. John Clark 2002 Telecommunications Company General Manage Feasibility Study and 21 Bangor Strcct Business Plan. Investigate I-loulton, ME 04730 communication technologies 207.532.2259 that meet the needs of I-loulton Water Company, the residences of Houlton, and area businesses. Project scope includes development of cost- beuefit analysis, risk assessment, and competitive analysis. D. INDUSTRY AND PROJECT TEAM EXPERIENCE m As a result of our specialized focus and tradition of providing quality public sector consulting services, we are frequently called upon to share our knowledge and experience with others in the industry. We have given presentations at regional and national seminars regarding connectivity, wireless networks, advanced communications, management and other issues. 21 A sampling of some of our learn members more recent presentations while at Virchow Krause include: Seminar Topic Date Sponsor Have You Got'Thc Capitol'To Go September National Association of Wireless? Economic and 2005 Telecommunications Officers Technical Considerations and Advisors (NATOA) 25th Annual Conference IC -Based Tcciutologies WI-Ei, WiMAX, Why Bother? April 2005 Public Technology Institute (PTI) Congress for'1'eclmology Delivering Broadband to Eire Leadership Community ;volution of Wireless and the l ebramy 2005 Minnesota Municipal Utilities Hierarchy of Techoologies August 2004 Association (MMLJA)/League of Minnesota Cities (LMC) Building the Wireless Business Telecom Technologies Seminar Case January Illinois Association of Municipal Successful Municipal Telecom December MEUW Municipal Telecom Applications Around the U.S. 2004 Workshop Tcleconununie.ations'f'ccluiology November Tennessee Municipal L;lectric for Municipal Electrics 2004 Power Association Assessing Your Community's October 2004 University of Wisconsin Center Technology Infrastructure for Economic Developinent(a Web Cast via WisLine) The Basics of Wi-11 October 2004 Public Technology Inc. (PTI) Wi-Pi Summit Municipal'Techuology Planning October 2004 Minnesota Association of Community Telecomrxrunication Administration (MACTA), Annual Conference Aerial Acrobatics — Wireless September National Association of Networks and Opportunities 2004 Telecommunications Officers and Advisors (NATOA) Annual Broadband Over Poverlime Conference Building Your Own Bridge to the Future —Municipal Networks Inventory of Current Assets August 2004 Law Seminars International— Municipal Broadband Conference Impact of Telecommunications to January Illinois Association of Municipal Economic Development 2004 Management Assistants Municipal'Teleeom Activities in December MEUW Munioipal'Telecom Other Parts of the County 2003 Workshop 22 m" Seminar Topic Date Sponsor Municipal Opportunities and September KMI Research's 26°i Annual Case Studies 2003 Newport Conference Ways to Advance Your September Illinois Municipality Community's Telecommunication 2003 Efforts October Indiana Municipality 2003 October Missouri Municipality 2003 Criteria to Establish a Basis for July Conference — Law Seminars Revenue -Based Bonds 2003 International LinkMichigan— Broadband for June Growing Communities All 2003 Conference Advanced Telecommunication November Minnesota _Municipal Utilities Seminar 2002 Association (MMUA) Market Analysis and Feasibility October I41"1"W Municipal Telecom Studies 2002 Workshop Broadband Financial October MEtjw Municipal Telecom Considerations and Options 2002 Workshop Broadband Business October APPA—National Broadband Opportunities for Public Power 2002 Workshop (full day) Systems Evaluating Community Needs October APPA —National Broadband and Developers Accurate Business 2002 Workshop Plans Cost & Price Considerations for September APPA — Business and Financial Providing Telecommunication 2002 Workshop Services Advanced Communications August Indiana Municipal I?lectric Seminar 2002 Association (IMSA) Municipal Telecommunications July Kansas Municipal Utilities Service 2002 (KMU) Advanced Telecommunication May Alliance for Rural Seminar 2002 Telecommunications Infrastructure FM U Seminar Topic Date Sponsor Customer Value Management December TN Valley Public Power 2001 Association Customer Service and Communication Conference Welcome to the Jingle - Prepare October APPA National Tele- f'or the Fierce Competitor Attacks 2001 communications Workshop Employee Retention and June APPA National Conference Recruitment Strategies 2001 Marketing Utility and Expanded April TN Valley Public Power Services 2001 Assoc. -presented in GA. Strategic Planning for Public Power April TN Valley Public Powcr Systems 2001 Assoc, - presented in GA Utility Business, Finance and April & June TN Valley Public Power Accounting for Gtility Executives 2001 Assoc. -presented in AL &. KY Employee Rele.ntion and Pay for January Municipal Electric Utilities of Peribrmance Systems 2001 WI Superintendents Colf. Strategic Issues and Planning for December Utah Municipal Utilities Public Power Systems 2000 Association, Salt Lake Changes in Business Processes September APPA National Business and Needed as a Result of Offering New 2000 Finance Workshop Services Offering Telecom Services- September APPA National Evaluating All Alternatives 2000 Telecommunications Including Exit Strategies Workshop Determining the Feasibility of September APPA National Business and Establishing Telecommunications 2000 Finance Workshop (full day) Services Business Plan Development and September APPA National Evaluations 2000 Teleconnnnmications Workshop Strategic Issues Facing Public June & Kansas Municipal and Power Under Restructuring November Minnesota Municipal Utilities 2000 Automatic Meter Reading April APPA National ESO Workshop 2000 Workshop (full day) 24 MIA Seminar Topic Date Sponsor )'our Utility as a Community Asset: January 1999 Municipal Electric Utilities of Wisconsin Unbundling Electric Services January 1999 National APPA Workshops Pricing New Services in a October 1998 APPA National Business and Restructured Environment Finance Workshop Benefits of Establishing a October 1998 Michigan Municipal Electric Fiberoptics Network in Your Association Community, Financial Planning for Small Public June 1998 Minnesota Municipal Utility Power Systems Association Priciug'Polecouununications April 1997 APPA National l &O Services Workshop Our devotion to the public sector is illustrated by our commitment to inform and instruct our clients about important issues. Also, many of our team members have articles that have been previously published in national and regional newsletters while thevwere with Virchow Krause, including: e National Association of Telecommunications Officers and Advisors (NATOA) NATOA Journal magazine on "Valuation of PLC Access Channels." Snnmer 2005 o Minnesota Association of Cotninunity'Pelecomnunications Adminisb ators (MALTA) d1AC7A Connections newsletter on "WiMAX? WiTi? Which One?" Spring 2005 m Minnesota Association of Conununity'felccoatmunieatiotrs Administrators (M'ACTA) MACTA Connections newsletter on "Broadband Power Line Technology." Spring 2004 m National Association of Telecommunications Officers and Advisors (NATOA) NATOA Journal magazine on "Formal vs. Lnf'ormal Cable Renewals." Spring 2004 ® Minnesota Municipal Utility Association's Newsletter on "Is Broadband Powerline Technology Ready for Widespread Deployment?," March 2004. m Minnesota Association of Community Telecommunications Administrators (MALTA) MACTA Connections newsletter on "Assessing the Marketplace for Telecommunications Services." Winter 2003. ® National Association of Telecommunications Officers and Advisors (NATOA) NATOA Journal magazine on "Link Michigan: Broadband for All ... Can You Imagine the Possibilities?" Fail 2003, ® National Association of Telecommunications Officers and Advisors (NATOA) NATOA Journal magazine on "Not Your Father's Telephone System — VOIP Answers the Call." Fall 2003 ® American Public Power Association's Public Power on "Assessing the Marketplace for Telecommunications Services," September 2001. ® Illinois Municipal Review on "Creating Advanced Communications in Your Community: Where to Begin," January 2001. ® Automatic Meter Reading Association's AMRA News publication on "View AMI2 as a Customer Link to Realize Benefits, Lncrease Efficiency and Select the Right Technology," August 2000. 25 99 ® International City Managers Association's Plug-Tn newsletter on "Unbundling of Electric Rates:' June 1998. m Michigan Municipal Electric Association's Currents newsletter on "Unbundling of Electric Rates." hummy 1998. ® International City Managers Associations Cnfo Tech Report newsletter on "Pricing of Dark Fiber." September 1997. 26 M We match the capabilities of our personnel with your requirements. Our project team consists of experts with experience in many areas of telecommunications, network management and operations, fiber optics, data services, wireless services, cable television, finance, business management, and research. The people we have to serve you are experienced personnel who routinely deal with complex client situations. They have the knowledge and experience to deal with issues in a responsive and conshuctive manner, and bring a balance of technical discipline and creativity. Tho project team is composed of experts to assist in completing the tasks we have set forth in this proposal. Listed below are brief biographies of our project staff. 'Phomas Asp has been serving public power systems for over 20 years. Mr. Asp's experience includes electric system and telecommunication system design, cable television systems, as well as evaluating the financial impact of projects on utility operations, and providing expert testimony. Ile is recognized as an oxport in evaluating and offering recommendations regarding municipal broadband communications systems. Mr. Asp has been actively involved with telecommunication market research and feasibility analysis for over 7 years. In addition, 'Com has 10 years of product management experience in the Cellular Mobile Telephone, Automatic Meter Reading, and Distribution Automation industries. Tom earned a Bachelor of Science ill Ylecuical Engineering from Nortln Dakota State University and a Mastcrs in Business Administration from University of St 'flnomas - St. Paul, MN. Cheryl Johnson is experienced in consulting with local govcrim encs and tannaprises for over 20 years. She has expertise in: broadband network feasibility studies; management of broadband networks; cable television franchise development and negotiation; P1:G access development and review; VoIP telephone system implementation/ management, and community needs assessments. Cheryl has a degree in mass communications from Western Illinois University- Macomb, IL. Bob Herbst specializes in telecommunication system design, project management, competitive analysis, market planning, market research, and new product development. Ile has extensive experience consulting with and selling to Fortune 500 and Fortune 1000 service providers and equipment vendors. Bob has worked with service providers to review product and service bundling and packaging strategies, reduce churn, and increase revenues. I -le has directed major primary, secondary research (due diligence) projects, focus groups, and primary researoh for new software and hardware product development for VolP and IP technology firms. Bob also worked with start-up technology companies to launch their products, build distribution channels, and build relationships with prospective partners. Bob earned a Bachelor of Arts in Political Science University of Wisconsin — Madison, and a Masters of Business Administration from Bdgewood College - Madison, WI. 27 W We offer the following references for our team members frau their previous project work with Virchow Krause: a Moorhead Public Service Bill Schwandt General Manager 500 Center Avenue Second Floor City Hall P.O. Box 779 Moorhead, MNT 56560-0779 218.299.5400 218.299.5193 (fax) PROJECT: Broadband Services feasibility Study. Assess and evaluate technologies, conduct market research, develop a risk assessment, prepare cost -benefit analysis, and recommend various connectivity busincss places. PROJECT: Wheless Business Plan (2004). Develop a cost benefit analysis and mutual marketing plan to offer a low cost essential Internet service to residents and businesses in the community. Project scope includes working with various eominunily leaders and officials to obtain necessary approvals and caumitments. Snn gis Llecn is Department Mr. John Griffith, Electric Department Superintendent P.O. Box 280 Sturgis, MI 49091 269.651.2879 PROJECT: Broadband Wireless Business Plan. Analyze the possibility of the City developing, constructing, providing, and selling wireless broadband services (retail or wholesale) to businesses and residents. PROJECT: Prepare an Overview of Automatic Meter Reading (AMR) Technologies. Project estimated costs and applicability to the City of Strngis' needs. PROJECT: Conduct Market Analysis for the Need of High -Speed Internet and Data Connectivity for Businesses Located in the City of Sturgis. Analysis includes comparison of City of Sturgis services to other utility providers. 28 0 Pulaski Electric System Nin Ron Holcomb, General Manager Pulaski Electric System 128 South First Street Pulaski,'I'N 38478-3216 931.363.2522 931.363.4743 (fax) m PROJECT: Conducted residential market research to assess interest in Internet, cable TV, and telephone services. Surveys also provided the basis for Customor Value Management comparison of the utility providers in Pulaski. Results fiom the survey were also leveraged in developing performance measurements to enhance Pulaski electric services. PROJECT: Develop a fiber -to -the -premises (FITP) business plan. Activities including preparation of business models, cost analysis, and probabilistic outcome analysis. 29 am CITY OE ST. Ai'NTf[ONY VILLAGE RESOLUTION 05-091. A RESOLUTION APPROVING THE PROPOSAL SUBMITTED BY COLUMBIA 'TELECOMMUNICATIONS CORPORATION TO CONDUCT A WIRELESS INTERNET CONNECTIVrl'Y FEASII3I1,IPY STUDY FOR JJIE CIPY OF S'r. ANTHONY WHEREAS, at a worksession on June 2, 2005 City Staff presented information to the City Council on wireless Internet (Wi Li) system; and. WHEREAS, as a result of, the information presented at the June worksession and based on.. Staff inforn ration that there are areas in the industrial and commercial areas of the City that remain underserved by the Internet, the City Council asked that Cheryl Johnson and Tom Asp, representatives froze. Columbia Telecommunications Corporation (formerly of Vicho2Krause) be invited to do a presentation before the City Council; and WIl]?RF.AS, at the August worksession, Ms. Jobnson and Mr. Asp provided information about wn e teYi systems and discussed specific connectivity issues that: the City would need to consider before installing a Wi Epi system; and WHEREAS, Staff was directed by the City Council to request. a Request for proposal and received a proposal from. Columbia Telecommunications Corporatiola on November 16, 2005 to conduct a. feasibility study in the amount of $14,500. NOW, IJEREFORE BE IT RESOLVED THAT, the City Council of the City of St. Anthony hereby approves the proposal submitted by Columbia Telecommunications Corp. to conduct a wireless Internet connectivity feasibility study for the City in the amount of $14,5000. Adopted this 22nd day of November, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager C:ADocuments and SettingsMuciuTocal SettingsVremporary lnternet PilesVOLK3CAl105 Res for WiFi Feasibility study.doc 76 REQUEST FOR COUNCIL CONSIDERATION Report Date: November 15, 2005 Agenda Section: VI, C Meeting Date: November 22, 2005 ITEM DESCRIPTION: 2006 Contract with Greater Metropolitan Housing Corporation MANAGER'S REVIEW: This is the annual renewal of the contract with GMHC. Greater Metropolitan Housing Corporation assists the residents of St. Anthony by providing housing information, construction consultations and loan programs. Attached is the latest statistics from GMHC. The cost of $12, 500 is the same as 2005. RECOMMENDATION: Approval of Resolution 05-092, Approve the contract with Greater Metropolitan Housing Corporation for 2006. 1-k alayij Michael Mornson City Manager 0 CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the 1st day of January, 2006, by and between the City of St. Anthony Village hereinafter referred to as the CCC, and the Greater Metropolitan Housing Corporation (GMHC), a nonprofit corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as the Consultant. WITNESSETH: WHEREAS, the City of St. Anthony Village desires to hire the Consultant to render certain technical, professional, and marketing assistance in connection with such undertakings of the City. NOW THEREFORE, the parties hereto do mutually agree as follows: Scope of Services. The Consultant shall provide technical rehabilitation advisory services, loan administration and fundraising for the Programs as follows: A. Provide Housing Resource Center services, as directed by the City, to residents of Si. Anthony Village out of its HousingResource Center - Northeast office with scheduled visits to residences when needed and providing staff at City Hall as needed. These services include the following: Administer borne improvement programs including the MHFA Fix Up Fund, Community Fix Up Fund, the MHFA Rental Rehab program and the MHFA Rehabilitation Loan Program; 2. Provide construction management services including home inspections to homeowners considering rehabilitation, preparing scopes of work, educating homeowners on the construction bid process, evaluating bids and work completed to ensure quality and cost effective renovations and monitoring the construction process; 3. Provide housing information to residents including information on emergency assistance, housing rehabilitation, first time homebuyers and limited rental information; 4. Assist the City in developing programs to purchase and rehabilitate homes. Term. This Agreement shall be effective from January 1, 2006 and shall continue through December 31, 2006. This Agreement can be terminated by either party with a 30 -day notice. III. Compensation. The fee for service by the Consultant will be $12,500. Payment of such fee shall be made by invoice from GMHC. IV: Insurance. During the tem of this Agreement, the Consultant shall obtain and maintain workers compensation, comprehensive general liability, and automobile liability insurance. Comprehensive general liability insurance shall have an aggregate limit of $2,000,000. Upon request by the City, the Consultant shall provide a certificate or certificates of insurance relating to the insurance required. V. Indemnification. Each party shall inderinify and hold harmless the other party and it's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) arising out of any action of such parties in the performance of this Contract. VI. Assignment. This Agreement shall not be assigned, sublet, or transferred without the written consent of the City. VII. Conflict -of Interest. The Consultant agrees to immediately alert the City Administrator of possible contractual conflicts of interest in representing the City, as well as property owners or developers on the same project. Conflicts of interest may be grounds for termination of this Agreement. THIS AGREEMENT was adopted by the City of St. Anthony Village, on the.,___ day of —_—' 20__. 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ANTHONY VILLAGE Current Month Loan Numbers _ Revolving Loan Program , of T.(Nns Setupx115/amortizing: 0 It of Loans in Pool ) $6/mo.: 5 Priniepal Balance: $35,133.81 1t ofLoans Set cap $25/deferred: 0 41 of Loins Paid Off (off $25/loan: 0 MONTH_ PRINCIPAL INTEREST TOTAL SERV. FEES NET DECEMBER $367.69 $85.14 $452.83 ($18.00) $434.83 JANUARY $311.78 $84.65 $396.43 ($18.00) $378.43 FEBRUARY $112.12 $24.57 $136.69 ($18.00) _ $118.69 MARCH $214.39 $52.17 $266.56 ($18.00) $248.56 APRIL --- ---- $299.18 $91.56 $390.74 ($18.00)-. _---$372.74 MAY $221.90 $44.66 $266.56 ($18.00) $248.56 JUNE $210.36 $56.20 $266.56 ($18.00) _ $248.56 JULY $207.40 $59.16 $266.56 ($48.00) $218.56 AUGUST _ $902.96 $145.35 $1,048.31 ($30.00) $1,018.31 SEPTEMBER $498.14 $11.6.15 $614.29 ($30.00) $584.29 OCTOBER $0.00 $0.00 NO_VE_MBER _ $0.00 $0.00 2005 TOTALS _ _ $3,345.92 _ $759.61 $4,105.53 ($234.00) $3,871.53 PRIOR YEARS _ $12,771.41 $941.46 _ $13,712.87 GRAND TOTAL: $16,117.33 $1,701.07 $17,818.40 _($337.00) ($571.00) _$13,375.87 $17,247.40 Interest Earned on GMHC Account at USBank 9/30/2005 $172.47_ Total Revolving Loan Program Income: $17,419.87 MIF CITY OE ST. ANTHONY VILLAGE RESOLUTION 05-092 A RESOLUTION APPROVING THE CONTRACT WITH GREATER METROPOLITAN HOUSING CORPORATION. W141sREAS, the City of St Anthony agrees to contract with GMHC for the implementation of housing programs for St. Anthony Residents; and WHEREAS, the housing programs will be provided to the residents o1' St. Anthony through the Housing Resource Center — Northeast; and WHEREAS, the housing programs provided by GWIC allow for a variety of affordable and life- cycle housing in St. Anthony; and WHHR BAS, the housing programs provided by GM11C also assists the City in its goal of preserving and improving the Community's housing stock, thereby providing opporfmrities for home ownership; and WIEREAS, the City o,E St. Anthony agrees to contribute to the Community Reinvestment Fund that supports the Housing Resource Center - Northeast in order to benefit the residents of St. Anthony. BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the contract with Greater Metropolitan Housing Corporation with a fee of $12,500 for 2006. Adopted this 22"' day of November, 2005. ATTEST: Mayor City Clerk Review for Administration: City Manager FUTURE COUNCIL AGENDA ITEMS Updated November 17, 2005 Meeting Meeting Staff Items/Issues Date Type -- November 29 Special Joint meeting with School Board December 13 Regular City Manager/ Finance Director Adopt Lev p Y Union Contract Agreements Police City Manager Fire Public Works City Manager Appoint Planning & Park Commission Members December 2'7 Regular — J— ^ Planning Commission items from December 13 Monthly Planner° Printed by Calendar Creator for Windows on 11/17/2005 1 2, 3 4 5 Worksession 6 % 8 9 10 1.I 12 8:00 pm VETERAN'S Council Meeting DAY ELECTION ----- -------- _-__ _—____ .__...._-------- 13 13 14 15 16 1% 18 .19 7:00 pm Planning Commission Meeting 20 21 22 23 24 2.5 26 7:00 on Council THANKSGIVING THANKSGIVMG Meeting DAY HOLIDAY 27 28 29 30 ------- ---- --- Oct 2005 Occ2005 Silver Lake Joint Meeting S M T W 'r F S S M 'r W T F S Road Task v✓ith School I 1 2 3 Force Meeting Board 2 3 4 5 6 7 8 4 5 6 7 8 'J 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 Printed by Calendar Creator for Windows on 11/17/2005 .Monthly Planner f nnted by Calendar Creator for Windows on 11/17/2005 -Tan 1 2 3 Nov 2005 2006 8 vI T wT F s S M I, W r e s 1 2 3 A 5 7 2 3 4 S 6 7 6 7 8 9 10 it 12 8 9 10 11 12 13 14 13 14 15 16 17 IS 19 15 16 17 IS 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 4 5 6 7 ...._--- _____...__ 8 .-.. .______. _._-..._—.__. 9 __..._.-- 10 11 12 13 1 f 15 16 17 7:00 I'M Council Meeting 18 19 20 2l 22 23 24 -- 7:00 pm Offices Closed Planning at Noon Commission Meeting 25 26 27 28 29 30 31 CHRISTMAS 7:00 PM HOLIDAY Council Meeting f nnted by Calendar Creator for Windows on 11/17/2005 2(1.6 To Do List From Goal Settin (tern Responsible Person Date City Council Ordinance_ — MM Completed ---- Planning Commission Ordinance — MM _ _— -- Completed — — Park Commission Ordinance MM Completed ---------- ----------- - Survey----___------— _ MM-------- Completed Cp -- ----------__.._. Donation Policy_— KMS Completed _ — Electronic Water Meter Reading _ — ----- — ___. Updated 3/14, 6/1, 7/26 Jfi Financial Plan 10/4 Code Enforcement Report _ JM Completed I & I Update Updated 3/14, 6/1, 7/26 T. Hubmer Financial Plan 10/4 Financial Plan on 06 Budget— MM/RL Completed Historical Records —---------------------------------------------- KMS Completed ------------------ Wireless Internet Updated 6/1, 7/26 KMS F=inancial Plan 10/4 k Commission Communication Will Completed -------------------- — Wine In Grocer /Store Hours -- -- ML -------------------- Monitor Printing Bids--- ML/KMS/BS Monitor Ion of Cid Redevelopment MM _ _ _ Completed- _ Villagefest Funding Ideas -- _RS — _ -- Completed _ _ — Re ort from Kath Knapp______MM Completed Code Updates — — Planning Commission On -Going —_ Senior Aging Council BT On -Going Gateway Monument JH Completed 2005 GOALS Silver Lake Road City Hall Upgrades Sidewalk Street/Landscaping Plan Silver Lake Village Phase II Report on Value of Services INVESTMENT PORTFOLIO: 10/31/2005 4/M GENERAL Interest Date $913,000 LOCKHART FUNDING LLC COMM PAPER - 3947% 10/07/05 4/M ARMY -WATER FILTRATION $ 100,000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/26/04 $ 100,000 FEDERAL NATIONAL MORTGAGE ASSOCIAI ION/STEP-UP 4.00-7.00% 09/15/04 $ 100,000 FEDERAL NATIONAL MORTGAGE ASSOCIATION/STEP-UP 5,00-7.00% 09/16/04 $ 200,000 FEDERAL NATIONAL MOR'('GAGE CORP 5.00% 01/20/05 $ 130,000 FEDERAL I10MF LOAN BANK 5.50% 01/31/(0 $ 100,000 FEDERAL IIOMF LOAN BANK -S"I";]PUP 450-7.00% 02/28/05 $ 100,000 FEDERAL HOME LOAN BANK- STEPUF 4.125 7.50% 05/02/05 S 930,000 I -ED HOME LOAN MTG -ZERO COUPON 6.050% 02/11/05 DAIN RAUSCHER-GENERAL GNMA POOL 14376 GNMA POOL 23364 GNMA POOL 23356 $763,000 GENERAL ELECTRIC COMM PAPER $100,000 FNMA MEDIUM HFRM NOTE $100,000 FNMA MEDIUM TERM NOTE $645,000 FNMA MEDIUM TERM NOTE DAIN RAUSCHER - HONEYWELL $100,000 1ASEIIF BANK -Z.ERO COUPON BOND $100,000 STANDARD FEDERAL -ZERO COUPON PON!) 3100,000 LASELLEBANK-ZERO COUPON BONI) $100,000 STANDARD FEDERAL ZERO COUPON BOND $15,000 PEDERALIiOMELOAN MORTGAGE $100,000 FEDERAL HOME LOAN MORTGAGE $100,000 FEDERAL HOME LOAN MORTGAGE $100,000 FED NATIONAL MORTGAGE ASSOCIATION DAIN RAUCHER - (HRA) $200,000 - FNMA- 9334 P/O $100,000 - FHLMC MEDIUM TERM NOTE - STEP UP $175,000- FNMA COUPON- 5,520% $200,000 -FNMA COUPON- STEP UP $100,000 - BANCO/SANTANDER - STEP UP (HRA PROJECTS -2005) $1,000,000 GENERAL ELECTRIC COMM PAPER 1.50% 03/01%77 9.00% 09/01/78 9.00% 11/01/78 4252% 10/31/05 Matures 01/19/06 04/23/14 09/15/14 09/16/16 10/10/13 04/12/19 02/17/17 10/07/16 06/23/33 03/16/07 09/15/06 11/15/08 01/30/06 6.00% DEAN WITTER $520,000.00 MERRILL LYNCI I ZERO COUPON BONI) $385,000.00 FEDERAL HOME. IRAN MOPFGAGF ZERO $242,000.00 AMERICAN EXPRESS COMM PAPER $200,000.00 FED HOME LOAN BANK MED TERM NOTE $100,000.00 FED HOME LOAN BANK MED TERM NOTE $200,000.00 FNMA MEDIUM TERM NOTE $200,000.00 FNMA MEDIUM TERM NOTE $50,000,00 FNMA MEDIUM TERM NOTE $100,000,00 PED NATIONAL MORTGAGE ASSOCIAl'ION $100,000.00 FED NATIONAL MORTGAGE ASSOCIATION $100,000.00 PED NATIONAL MORTGAGE ASSOCIATION $200,000.00 FED NATIONAL MORTGAGE ASSOCIATION $100,000.00 FED NATIONAL MORTGAGE ASSOCIATION $100,000.00 FED HOME LOAN BACK $100,000,00 FED FIOME LOAN BANK $100,000.00 FED HOME LOAN BANK $10OX0.00 PED HOME LOAN BANK DAIN RAUCHER - (HRA) $200,000 - FNMA- 9334 P/O $100,000 - FHLMC MEDIUM TERM NOTE - STEP UP $175,000- FNMA COUPON- 5,520% $200,000 -FNMA COUPON- STEP UP $100,000 - BANCO/SANTANDER - STEP UP (HRA PROJECTS -2005) $1,000,000 GENERAL ELECTRIC COMM PAPER 1.50% 03/01%77 9.00% 09/01/78 9.00% 11/01/78 4252% 10/31/05 Matures 01/19/06 04/23/14 09/15/14 09/16/16 10/10/13 04/12/19 02/17/17 10/07/16 06/23/33 03/16/07 09/15/06 11/15/08 01/30/06 6.00% 07/25/02 07/25/22 5,00% 03/24/04 04/01/20 3.072% 05/03/05 11/10/05 6.25% 02/19/03 02/19/23 6.25% 02/19/03 02/19/23 6.10% 03/30/05 03/30/25 6.10% 03/30/05 03/30/25 5.50% 03/15/0/1 12/16/15 6.00% 04/23/04 07/09/16 5,04% 04/23/04 06/18/18 6.00% 07/27/04 02/12/24 6,00% 09/24/02 5.225% 10/11/05 3.745% 08/26/05 5.976% 08/27/02 6.00% 11/26/02 5.00% 03/10/04 5.00% 03/10/04 5.54% 03/19/04 6,25% 07/02/04 5.65% 11/17/04 5.65% 01/20/05 5.33% 06/14/05 4.250-8.25% 06/21/05 4.125% 00/25/05 4.250% 08/26/05 4.75% 08/29/05 5,25% 09/01/05 7.24% 04/20/93 4.00-6.50% 03/18/04 5.520% 03/30/04 4.00 - 8.00% 03/01/04 5.110% 08/17/05 09/15/18 11/19/12 11/25/05 10/25/16 10/22/2'7 09/12/13 03/19/14 03/11/19 05/25/29 10/2-8/19 10/28/19 02/25/15 04/13/15 06/09/08 06/09/08 10/19/10 02/17/15 03/25/23 04/12/19 04/12/19 02/10/12 02/11/11 4.104% 11/03/05 01/04/06 TOTAL BOOK VALUE $902,645.41 $902,845.41 $100,000.00 $100,000.00 5100,000.00 $200,000.00 $130,000.00 $100,000.00 $100.000.00 $171,473.40 $1,001,473.40 $332.57 $2.49.39 $482,30 $755,001.92 $100,000.00 $100,000,00 $641.299.05 $1,597.365.23 $29,170.00 $29,170.00 $30,041.91 530,041.97 $15,000,00 $94,250.00 $94,625.00 $100,000.00 $422,298.94 $199,417.00 $199,903.85 $239,761.10 $200,000.00 $100,000.00 $200,000.00 $200,000.00 $50,000.00 $100,000.00 $100,000.00 $100,000.00 $200,000.00 $100,125.00 $100,000.00 $100,000.00 $100,000.00 $100,600.00 $2,389,266.95 $7,688.28 $100,000.00 $175,000.00 $200,000.00 $100,000,00 $582,688.28 $993,082.67 $7,889,020,88 Timell/17/2005 MONTHLY INVESTMEN"r REPORT OCTOBER 2005INVESTI