HomeMy WebLinkAboutCC PACKET 02092010H.R.A. Meeting immediately
following council meeting
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
February 9, 2010
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
ConsiderationDiscussion and Possible Action on All of the follouine itemsr
I. Approval of the FebruaM 9 2010 Ci1y Council Meeting Agenda. (action requested.)
H. Proclamations and Recognitions,
None.
III. Consent Agenda.
These items are considered routine and =11 be enacted fy one motion. There 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 the January 26, 2010 City Council Meeting Minutes. (pp. 1 — 4)
B. Licenses and Permits. (p. 5)
C. Claims. (pp. 6 — 8)
D. Resolution 10-018; Approve the City's Pay Equity Implementation Report. (pp. 9 —15)
IV. Public HearinLy.
None.
V. Reports from Commission and Staff. Don Jensen, Planning Commission Chair.
A. Resolution 10-019; Approve the Request for Conditional Use Permit (CUP) to Clearwire Communications,
LLC for the Installation of High -Speed Wireless Internet Antenna and Facilities at 4001 Stinson Blvd.
(pp. 16 — 35)
VI. General Business of Council.
A. Resolution 10-020; Approving Installation of a' Telecommunications Facility on the City's Water Tank
Located at 3109 — 33rd Avenue. Mike Mornson, presenting. (pp. 36 — 50)
B. Annual Report: Liquor Department. Mike Larson, Liquor Operations Manager, presenting. (pp. 51— 60)
(no action required)
C. Annual Report: Police Department, Chief John Ohl, presenting. Booklet (no action required)
D. Update on 2010 Street Improvement Project. Todd I-Iubmer, WSB & Associates, presenting. (may request
motion for public hearing)
VII. Reports from City Managg,r and Council members.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda, Speakers are requested to come to the podium, sign their name and address
on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the 00 Councdi x111 not take o f cial
action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and Livable community, a walkable village, which is safe and secure.
ZACouncil Meetings12010%020920101agendapg}t.doe
1
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 JANUARY 26, 2010
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mike Mornson and Todd Hubmer, WSB & Associates, hie.
18
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
21 ITEMS.
22
23 I. APPROVAL OF JANUARY 26, 2010 CITY COUNCIL MEETING AGENDA.
24
25 Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the City
26 Council Meeting Agenda of January 26, 2010.
27
28 Motion carried unanimously.
29
30 II. PROCLAMATIONS AND RECOGNITIONS.
31
32 None.
33
34 III. CONSENT AGENDA.
35
36 A. Consider January 12, 2010 City Council meeting minutes;
37 B. Consider licenses and permits;
38 C. Consider payment of claims; and
39 D. Resolution 10-016; Accepting a Donation from Wal-Mart Foundation to the St. Anthony
40 Police Department to Defray the Costs of the 2010 Citizen's AcadgmL.
41
42 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve the Consent
43 Agenda items.
44
45 Motion carried unanimously.
46
47 IV. PUBLIC HEARING.
48
49 None.
10
11
12
13
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
City Council Regular Meeting Minutes
January 26, 2010
Page 2
V. REPORTS FROM COMMISSION AND STAFF.
None.
VI. GENERAL BUSINESS OF COUNCIL.
A. Water Quality Improvements Update Todd Hubrner, WSB & Associates presenting_
Mr. Todd Hubmer, WSB & Associates, Inc. presented the City of St. Anthony Village Water
Resources Update, and answered questions of the City Council. The presentation and discussion
focused on watershed, water quality data, wasteload allocation and proposed improvements in
relation to Silver Lake TMDL.
Mayor Faust pointed out that once there is vegetation in Silver Lake with weeds beginning to
grow it will change the residents' use of the lake. He questioned what the proposed
improvements may do to the lake as far as desirability. He commented that this may be a
sensitive issue for many people and stressed the importance of having as much information as
possible.
Mr. Hubmer provided information on possible future water quality improvements to Mirror
Lake, and indicated that a study has been commissioned by the Rice Creek Watershed District.
Mr. Hubmer continued the City of St. Anthony Village Water Resources Update with an
overview of the potential future Mississippi River Regional Stormwater Treatment System,
noting that the project is currently at the feasibility level.
B. Resolution No. 10-017• Ratifying the 2010 Agreement between the City of St Anthony
and International Association of Firefighters Local 3486 representing the St Anthony
Fire Department.
City Manager Morrison reviewed the proposed resolution ratifying the 2010 Agreement between
the City of St. Anthony and International Association of Firefighters, Local 3486.
Motion by Councilmember Stille, seconded by Councilmember Roth, to adopt Resolution No.
10-017, Ratifying the 2010 Agreement between the City of St. Anthony and International
Association of Firefighters, Local 3486, representing the St. Anthony Fire Department.
Motion carried unanimously.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Morrison reported on the following:
• Fire Staff completed CPR training for St. Anthony 9d' graders.
• Fourth year of Cops vs. Kids basketball game with 5`r', 6d' and 7°i graders is scheduled for
February 2nd; 6:30 p.m. at St. Anthony Village High School.
2
City Council Regular Meeting Minutes
January 26, 2010
Page 3
1 • Liquor Store year end profits — $477,000
2 • Redo/Reconstruct of the city website will begin in February with Gov Office
3 • Joint Park Commission Meeting is scheduled for February 8`h at 5:15 p.m.
4 • Department Head Reports are scheduled: February 9`h - March 9`h
5 • Auditors will be conducting the 2009 Audit — January/March
6 • 2011 Budget Calendar begins in March
7 • Erosion Control Seminar at St. Anthony City Hall — February 11`h @ 9 a.m. —11 a.m. or
8 1 p.m. — 3 p.m.
9 • Flu Shot Clinic will be held in the Council Chambers — February 0h @ 3 p.m. — 6 p.m.
10 • Citizen's Academy will begin March 10'h
11
12 Mayor Faust requested City Manager Mornson to commend Liquor Manager Larson and his staff
13 for the great job and the Police and Fire Departments for their work with students.
14
15 Councilmember Stile: No report..
16
17 Councilmember Gray: No report.
18
19 Councilmember Jenson reported on his attendance at the Metro Cities 2010 Legislative Kickoff
20 Session on January 21, 2010. Much of the discussion centered around the budget situation.
21
22 Councilmember Roth: No report.
23
24 Mayor Faust reported on his attendance at the following events:
25 • January 13, 2010 Minnesota Environmental Quality Board Coordinating Planning Group
26 Meeting. He has been appointed by the League of Minnesota Cities to represent
27 municipalities. The group is dealing with requirements for the various comprehensive
28 plans, including how the reports are consolidated with a logical sequence. This should
29 result in a smoother operation and a better product in the end. It will require legislative
30 effort at the state, as well as the federal level, and will likely be brought to the legislature
31 in the 2011 legislative session.
32 • January 14 & 15, 2010 City Council/Staff Retreat
33 • January 19, 2010 Mississippi Watershed Management Organization (MWMO) meeting.
34 He was elected Chair of the MWMO and Scott Vreeland of Minneapolis Parks and
35 Recreation Board was elected Vice Chair.
36 • January 22, 2010 presentation of the ACEC Grand Award for the Water Re -Use Project.
37 • January 23, 2010 he was invited to speak at the orientation of new Minneapolis Park and
38 Recreation Board members at Gross National Golf Course. The Board is visiting
39 adjacent cities in an effort to become good neighbors.
40 • Fourth Annual Parking Lot & Sidewalk Maintenance Workshop today at City Hall.
41 • Annual meeting this evening with City Manager Morrison, Police Chief Ohl, himself, and
42 the mayors of Lauderdale and Falcon Heights. The meeting is to ensure that everything
43 is running harmoniously. The mayors have nothing but positive comments about the
44 Police Department and Police Chief Ohl.
45
3
City Council Regular Meeting Minutes
January 26, 2010
Page 4
1 VIII. COMMUNITY FORUM.
2
3 Mayor Faust invited residents to come forward at this time and address the Council on items that
4 are not on the regular agenda.
5
6 Hearing none, Mayor Faust moved forward with the agenda.
7
8 IX. INFORMATION AND ANNOUNCEMENTS.
9
10 City Manager Mornson announced that Mayor Faust will be speaking on behalf of the Kiwanis
11 tomorrow afternoon at Culvers. The State of the Metro Region is scheduled for Monday,
12 February 1, 2010 at Silverwood Park. He and Mayor Faust will be attending. Council members
13 should inform him if they plan to attend to ensure that the meeting is posted.
14
15 X. ADJOURNMENT.
16
17 Mayor Faust adjourned the meeting at 7:48 p.m.
18
19
20 Respectfully submitted,
21
22
23 Carol Hamer
24 TimeSaver Off Site Secretarial, Inc.
25
26 Mayor
27 ATTEST:
28 City Clerk
29
51
Saint Anthony Village
DATE: February 9, 2010 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Heating & Air Conditioning License:
Marsh Heating & A/C, Brooklyn Park, MN
Intoxicating Liquor License Renewal
Applebee's Restaurant North LLC
dba Applebee's Neighborhood Grill & Bar
2800 — 39`" Avenue
Chipotle Mexican Grill/Colorado, LLC
dba Chipotle Mexican Grill
2701— 39" Avenue
U.S. BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR#
PAYEE
CHECK#
DATE
AMOUNT
5204
MN DEPT PUBLIC SAFETY
11389
1/21/2010
$40.00
8437
DIRECTV INC
11390
1/28/2010
$30.45
8242
AFFILIATED COMPUTER SERV
11399
2/10/2010
$2,494.67
9110
ALL SAFE INC.
11400
2/10/2010
$241.65
8621
ALLIANCE MECHANICAL
11401
2/10/2010
$402.00
9761
AMERICAN BOTTLING COMAPN
11402
2/10/2010
$282.40
9250
AMERICAN MESSAGING
11403
2/10/2010
$207.74
8794
ARCTIC GLACIER INC.
11404
2/10/2010
$187.32
3714
B & F FASTENER SUPPLY
11405
2/10/2010
$23.43
7048
BARTON SAND AND GRAVEL
11406
2/10/2010
$549.71
320
BEISSWENGER'S
11407
2/10/2010
$32.09
4293
BELLBOY CORP.
11408
2/10/2010
$35,994.73
4662
BOURGET IMPORTS
11409
2/10/2010
$81.50
7168
BOYER TRUCKS, INC.
11410
2/10/2010
$64.66
7253
BRAKE & EQUIPMENT WAREHO
11411
2/10/2010
$117.27
9148
BRW ENTERPRISES
11412
2/10/2010
$270.00
4333
CANNON RIVER WINERY
11413
2/10/2010
$120.00
4231
CAPITOL BEVERAGE SALES
1141,4
2/10/2010
$13,651.30
9028
CAPITOL CITY REGIONAL FI
11415
2/10/2010
$50.00
9100
CAT & FIDDLE BEVERAGE
11416
2/10/2010
$420.00
610
CATCO
11417
2/10/2010
$160.87
4080
CHISAGO LAKES DISTRIBUTI
11418
2/10/2010
$2,869.50
4095
COCA COLA BOTTLING COMPA
11419
2/10/2010
$1,141.74
4107
COMPTON'S COMMERCIAL CLN
11420
2/10/2010
$3,823.99
9367
CPS DISTRIBUTORS, INC.
11421
2/10/2010
$473.00
8736
CREATIVE FORMS & CONCEPT
11422
2/10/2010
$881.08
9224
CUMMINS NPOWER, LLC
11423
2/10/2010
$16.62
4127
DANIMAL DISTRIBUTING INC
11424
2/10/2010
$159.44
8437
DIRECTV INC
11425
2/10/2010
$32.05
7371
DISCOUNT STEEL, INC.
11426
2/10/2010
$61.99
820
DORSEY & WHITNEY
11427
2/10/2010
$1,635.75
8411
DRIVER & VEHICLE SERVICE
11428
2/10/2010
$20.00
8164
DULZ/KIMBERLY
11429
2/10/2010
$80.00
9034
EBERT CONSTRUCTION
11430
2/10/2010
$20,574.37
9274
ELK RIVER FORD
11431
2/10/2010
$65,026.08
8362
EMBEDDED SYSTEMS, INC.
11432
2/10/2010
$455.40
8697
EXTREME BEVERAGE
11433
2/10/2010
$186.00
9395
FACTORY MOTOR PARTS CO
11434
2/10/2010
$151.44
8153
FILTERFRESH
11435
2/10/2010
$166.37
9261
FORESTEDGE WINERY
11436
2/10/2010
$688.80
1030
G & K SERVICES INC
11437
2/10/2010
$869.99
7335
GCR
11438
2/10/2010
$421.31
1110
GENERAL INDUSTRIAL SUPPL
11439
2/10/2010
$14.62
7059
GOVERNMENT TRAINING SERV
11440
2/10/2010
$245.00
4172
GRAPE BEGINNINGS, INC.
11441
2/10/2010
$816.00
7188
H & L MESABI INC
11442
2/10/2010
$763.09
8987
HENNEPIN COUNTY TREASURE
11443
2/10/2010
$738.00
4207
HOHENSTEIN'S, INC
11444
2/10/2010
$4,472.95
8252
HOME DEPOT CREDIT SERVIC
11445
2/10/2010
$556.50
4125
JJ TAYLOR DISTRIBUTING
11446
2/10/2010
$37,862.69
U.S. BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR#
PAYEE
CHECK#
DATE
AMOUNT
4220
JOHNSON BROTHERS LIQUOR
11447
2/10/2010
$21,939.81
9779
KOLSTAD COMPANY
11448
2/10/2010
$87.92
9114
M. AMUNDSON LLP
11449
2/10/2010
$2,630.57
2230
MENARDS LUMBER
11450
2/10/2010
$135.26
8245
METRO FIRE
11451
2/10/2010
$131.33
2240
METROPOLITAN COUNCIL
11452
2/10/2010
$41,854.62
8467
MIDWAY FORD
11453
2/10/2010
$142.47
9255
MIDWEST SIGN & SCREEN PR
11454
2/10/2010
$59.82
2355
MINNESOTA GFOA
11455
2/10/2010
$60.00
8269
MINNESOTA SHREDDING LLC
11456
2/10/2010
$57.00
5190
MN DEPT NATURAL RESOURCE
11457
2/10/2010
$3,443.64
9426
MN DEPT OF AGRICULTURE
11458
2/10/2010
$20.00
8074
MN POLLUTION CONTROL AGE
11459
2/10/2010
$23.00
.00285
MNFIAM BOOK SALES
11460
2/10/2010
$96.19
2395
MTI DISTRIBUTING, INC
11461
2/10/2010
$63.48
7159
NAPA AUTO PARTS
11462
2/10/2010
$6.72
8996
NEEDHAM DISTRIBUTING CO
11463
2/10/2010
$205.45
8883
NEW FRANCE WINE COMPANY
11464
2/10/2010
$450.00
7312
NORTH AMERICAN SALT COMP
11465
2/10/2010
$6,478.53
9266
NORTHERN WATER WORKS SUF
11466
2/10/2010
$269.13
9151
NORTHLAND INN
11467
2/10/2010
$3,978.88
9523
NORTHSTAR INSPECTION SER
11468
2/10/2010
$2,328.68
9354
NORTHWESTERN POWER EQUIP
11469
2/10/2010
$121.84
45
OFFICE DEPOT
11470
2/10/2010
$784.91
8528
PACE ANALYTICAL SERVICES
11471
2/10/2010
$380.00
9615
PAETEC
11472
2/10/2010
$182.34
9275
PAT KERNS WINE MERCHANTS
11473
2/10/2010
$114.00
4354
PAUSTIS & SONS
11474
2/10/2010
$3,255.42
4360
PHILLIPS WINE & SPIRITS
11475
2/10/2010
$10,395.81
9139
PROPERTY KEY, INC.
11476
2/10/2010
$50.00
4385
QUALITY WINE CO
11477
2/10/2010
$30,436.26
4492
QWEST
11478
2/10/2010
$193.90
9215
RAMSEY COUNTY
11479
2/10/2010
$200.00
9550
RAMSEY COUNTY
11480
2/10/2010
$5,166.59
9780
ROSS VALVE MANUFACTURING
11481
2/10/2010
$243.01
9230
ROYAL TIRE INC
11482
2/10/2010
$83.54
9405
SETS DESIGN, INC.
11483
2/10/2010
$303.00
8199
SIGNATURE CONCEPTS, INC.
11484
2/10/2010
$1,132.54
9781
SMIGLESKI/MATT
11485
2/10/2010
$30.00
9259
SPRINT
11486
2/10/2010
$359.91
4782
ST ANTHONY VILLAGE CENTE
11487
2/10/2010
$1,636.76
9083
ST. ANTHONY RETAIL DEVEL
11488
2/10/2010
$1,544.66
3490
STREICHER'S
11489
2/10/2010
$87.63
9336
SUBURBAN TENT & AWNING
11490
2/10/2010
$380.13
4780
SURLY BREWING CO
11491
2/10/2010
$1,152.00
3260
T A SCHIFSKY & SONS
11492
2/10/2010
$400.80
5273
TESSMAN SEED INC.
11493
2/10/2010
$236.46
7337
TIMESAVER OFF SITE SECRE
11494
2/10/2010
$408.75
8907
TOUSLEY FORD
11495
2/10/2010
$8.34
9288
TRACE ANALYTICS, INC.
11496
2/10/2010
$306.00
3560
TRACY PRINTING
11497
2/10/2010
$2,201.63
U.S. BANK
ST. ANTHONY VILLAGE
CHECK
REGISTER
VENDOR#
PAYEE
CHECK#
DATE
AMOUNT
8824
TRI -COUNTY BEVERAGE, INC
11498
2/10/2010
$453.00
4481
TWIN CITY JANITOR SUPPLY
11499
2/10/2010
$178.95
8859
U.S. BANK
11500
2/10/2010
$150.00
4490
VAL-PAK OF MINNESOTA
11501
2/10/2010
$740.00
8227
VERIZON WIRELESS
11502
2/10/2010
$817.31
4451
VINOCOPIA
11503
2/10/2010
$394.50
9440
W. L. HALL CO.
11504
2/10/2010
$383.00
9702
W.D. LARSON COMPANIES LT
11505
2/10/2010
$142.25
8168
WALMAN OPTICAL COMPANY
11506
2/10/2010
$29.50
9497
WATER CONSERVATION SERVI
11507
2/10/2010
$215.00
8316
WINE COMPANY/THE
11508
2/10/2010
$966.20
8310
WINE MERCHANTS INC
11509
2/10/2010
$3,960.65
4175
WIRTZ BEVERAGE MINNESOTA
11510
2/10/2010
$12,877.05
9734
WIRTZ BEVERAGE MINNESOTA
11511
2/10/2010
$12,839.49
9554
WM LAMPTRACKER
11512
2/10/2010
$151.75
4499
WORLD CLASS WINES, INC.
11513
2/10/2010
$1,195.60
8273
WSB & ASSOCIATES, INC.
11514
2/10/2010
$6,213.00
2680
XCEL ENERGY
11515
2/10/2010
$10,326.35
9711
Z WINES USA LLC
11516
2/10/2010
$346.75
TOTAL
$399,264.64
n
STAFF REPORT
To: Mayor and City Council
Michael j. Mornson, City Manager
From:. Kim Moore -Sykes, Assistant City Manager 06
Date: February 9, 2010
Subject: 2009 Pay Equity Report
Bac round:
Cance every three years, the City of St. Anthony is required by the Local Government Pay Equity Act, Minnesota
Statutes 471.991 to 471.999 to submit a pay equity report to the State Department of Employee Relations. This
pay equity report is to insure that working conditions, salaries and health benefits are comparable or the same for
all employee classes within the. City of St. Anthony.
Once submitted, DOER will review this report for compliance with the Local Government Pay Equity Act. If it
is determined that the City is out of compliance, the City will have an opportunity to correct the situation and
resubmit. Should the City refuse to correct the noncompliance for any reason, DOER has the authority to make
a ruling and apply fines and penalties until compliance is achieved.
The City's 2010 Pay Equity Implementation Report needs to have formal approval by the governing body of the
jurisdiction that has final budgetary approval authority over the jurisdiction's employees.
Requested Action: Council approval of the City's 2010 Pay Equity Implementation Report.
Attachments
Pay Equity Implementation Report
Resolution 10-018; Approving the City's Pay Equity Implementation Report
Staff Pay Equity Report
Pay Equity Implementation Report
Send completed report to:
Pay Equity Coordinator
Department of Employee Relations
200 Centennial Building
658 Cedar Street (651) 259-3761 (Voice)
St. Paul, MN 55155-1603 (651) 282-2699 (TDD)
Part A: Jurisdiction Identification
Jurisdiction: City of St Anthony 3301 Silver Lake Road
St. Anthony, MN 55418
Contact: Assistant City Manager Kim Moore -Sykes
Fax: 612-782-3302
Email: kmoore@ci.saint-anthony.mn.us
Part B: Official Verification
0 The job evaluation system used measured skill, effort
responsibility and working conditions and the same
system was used for all classes of employees.
The system used was State Job Match --
® Health Insurance benefits for male and female
classes of comparable value have been evaluated and:
--
There is no difference ---I and
female classes are not at a disadvantage.
® [✓I Information in this report is complete and accurate.
0 �✓ The report includes all classes of employees over
which the jurisdiction has final budgetary approval
authority.
Part C: Total Payroll
t- -or uepartment use
Postmark Date of Report
Jurisdiction ID Number
Jurisdiction Type: CITY
Phone: (612) -78-2-33
® No salary ranges/performance differences.
Leave blank unless BOTH of the following apply:
a. Jurisdiction does not have a salary range for any job
class.
b. Upon request, jurisdiction will supply documentation
showing that inequities between male and female
classes are due to performance differences.
Note: Do not include any documentation regarding
performance with this form.
0 An official notice has been posted at:
St. Anthony Village City Hall — Lunch Room
(prominent location)
informing employees that the Pay Equity Implementation
Report has been filed and is available to employees upon
request. A copy of the notice has been sent to each exclusive
representative, if any, and also to the public library.
The report was approved by:
St. Anthony City Council
(governing body)
Jerome 0. Faust
(chief elected official)
($4 237 618.00 (title)
_ -____� (✓] Checking this box indicates legal signature by above official,
is the annual payroll for the calendar year just ended December 31. Date Submitted [__ 01/26/2010 __1
Compliance Report
Jurisdiction: City of St Anthony
3301 Silver Lake Road
Contact: Kim Moore -Sykes
Assistant City Manager
01/26/201C
11
Phone: (612) -78-2-33
The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from
your pay equity Report data. Parts II, III and IV give you the test results.
For more detail on each test, refer to the guidebook.
I. GENERAL JOB CLASS INFORMATION
Male Female Balanced All Job
Classes Classes Classes Classes
# Job Classes 19 7 1 27
# Employees 67 8 30 105
Avg. Max Monthly
Pay per Employee $5,167.04 $4,312.75 $4,247.66
II. STATISTICAL ANALYSIS TEST Male Female
A. UNDERPAYMENT RATIO = 92.1 Classes Classes
a. # at or above Predicted Pay 9 3
b. # Below Predicted Pay 10 4
C. TOTAL 19 7
d. % Below Predicted Pay 52.63 57.14
(b divided by c = d)
(Result is % of male classes below predicted pay divided by % of female classes below predicted pay)
B. T -TEST RESULTS
Degrees of Freedom (DF) = 73 Value of T =
a. Avg. diff. in pay from predicted pay for male jobs =
b. Avg. diff. in pay from predicted pay for female jobs =
Ill. SALARY RANGE TEST = 166.67 % (Result is A divided by B)
A. Avg. # of years to max salary for male jobs = 5.00
B. Avg. # of years to max salary for female jobs = 3.00
IV. EXCEPTIONAL SERVICE PAY TEST 0.00
A. % of male classes receiving ESP 0.00
B. % of female classes receiving ESP 0.00
* (if 20% or less, test result will be 0.00)
S1X4'F
-$7
$32
Predicted Pay Report for City of St Anthony 0112612010
3301 Silver Lake Road 12
Case:
2009 Data
Job
Male
Female
Total
Work
Max Mo.
Predicted
Pay
Nbr
Jobs Title
Empl
Empl
Empl
Sex
Points
Salary
Pay
Difference
1
Community Services Officer
1
0
1
M
90
$2,624.00
$2,907.22
$-283.22
2
Accounting Clerk
0
1
1
F
117
$2,516.00
$3,367.91
$-851.91
3
Administrative Specialist
0
1
1
F
124
$3,981.00
$3,487.27
$493.73
4
Utility Clerk
0
1
1
F
127
$3,743.00
$3,538.24
$204.76
5
Police Administrative Staff
0
2
2
F
141
$4,716.00
$3,777.30
$938.70
6
Liquor Clerk
20
10
30
g
153
$2,177.00
$3,958.57
$-1,781.57
7
Maintenance Workers
9
0
9
M
156
$4,183.00
$4,002.43
$180.57
8
Accounting Clerk Senior
0
1
1
F
169
$4,221.00
$4,260.36
$-39.36
9
Lead Liquor Clerk
1
0
1
M
173
$3,449.00
$4,310.46
$-861.46
10
Water Waste Water Operator
1
0
1
M
176
$4,183.00
$4,352.71
$-169.71
11
Fire Fighters
21
2
23
M
227
$4,981.00
$5,010.02
$-29.02
12
Fire Captains
2
0
2
M
227
$5,205.00
$5,010.02
$194.98
13
City Clerk
0
1
1
F
228
$4,642.00
$5,028.27
$-386.27
14
Assistant Fire Chief
1
0
1
M
233
$6,006.00
$5,121.38
$884.62
15
Public Works Mechanic
1
0
1
M
237
$4,450.00
$5,195.50
$-745.50
16
Police Officers
17
1
18
M
244
$5,335.00
$5,325.84
$9.16
17
Public Works Supervisor
1
0
1
M
252
$5,448.00
$5,275.92
$172.08
18
Asst Liquor Operations Manager
1
0
1
M
291
$4,960.00
$5,971.45
$-1,011.45
19
Fire Chief
1
0
1
M
323
$6,885.00
$6,088.48
$796.52
20
Finance Director
1
0
1
M
342
$6,621.00
$6,653.23
$-32.23
21
Liquor Operations Manager
1
0
1
M
342
$6,885.00
$6,653.23
$231.77
22
Police Lieutenant
1
0
1
M
353
$5,891.00
$6,744.66
$-853.66
23
Police Captain
1
0
1
M
353
$6,615.00
$6,744.66
$-129.66
24
Public Works Director
1
0
1
M
372
$6,885.00
$6,961.46
$-76.46
25
Assistant City Manager
0
1
1
F
375
$5,967.00
$7,011.38
$-1,044.38
26
Police Chief
1
0
1
M
382
$7,401.00
$7,348.14
$52.86
27
City Manager
1
0
1
M
483
$9,239.00
$9,206.56
$32.44
Page 1 of 1
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CITY OF ST. ANTHONY
STATE OF MINNESOTA
RESOLUTION 10-018
RESOLUTION APPROVING THE CITY OF ST. ANTHONY'S
2009 PAY EQUITY IMPLEMENTATION REPORT
WHEREAS, the State of Minnesota Department of Employee Relations is statutorily
authorized to require Minnesota Cities to submit a Pay Equity
Implementation Report every three (3) years; and
WHEREAS, this pay equity report is required by State statutes 471.991 to 471.999 to
prove compliance with the State's Local Government Pay Equity Act; and
WHEREAS, Staff has compiled and reported salaries, health benefits and job
evaluation systems as of December 31st as required for the Pay Equity
Implementation Report, and
WHEREAS, Staff has posted in accordance with Minnesota statutes an official notice
in the City Hall Lunch Room and at the St. Anthony branch of the
Hennepin County Library that the City has submitted its Pay Equity
Implementation Report to the Minnesota Department of Employee
Relations; and
WHEREAS, Staff has mailed via US Postal Service a copy of the official notice of the
City's submission of the Pay Equity Implementation Report to all union
representatives in this jurisdiction; and
NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony has
complied with the statutory requirements of 471.991 to 471.999, Local
Government Pay Equity Act, to complete and submit its 2009 Pay Equity
Implementation Report to the Department of Employee Relations; and
BE IT FUTHER RESOLVED that the City has also complied with the notification
requirements of Local Government Pay Equity Act.
Adopted this 9th day of February, 2010.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
15
STAFF REPORT 6
To: Mayor and City Council
Michael J. Mornson, City Manager
From: Kim Moore -Sykes, Assistant City Manager OM
Date: February 9, 2010
Subject: Conditional Use Permit (CUP) Request for Clearwire Communications, LLC for High -Speed Wireless
Internet Antennas and Related Equipment
Public Hearing: January 19, 2010 Planning Commission Meeting
Date Application Received: December 17, 2009
Property Address: 4001 Stinson Boulevard
Zoning District: Commercial
60 -Day Expires: February 17, 2010
Waiver Letter Required- Yes Date Sent: No X
Background: Mr. Rob Viera, Buell Consulting, Agent for Clearwire Communications, LLC, has been
working with Staff to complete the requirements to obtain a Conditional Use Permit for the installation of
high-speed wireless Internet antennas and related equipment at 4001 Stinson Boulevard, the Silver Lake
Plaza Building, formerly the Apache Medical Building. Mr. Viera appeared before the Planning
Commission in a concept review at the December 15, 2009, presenting the Clearwire Communications
proposal for the antenna installation. A public hearing was held at the January 19, 2010 Planning
Commission meeting.
Application Review and Analysis: Mr. Viera responded to the following CUP conditions and
requirements.
1. The requested conditional use is one of the Permitted Conditional Uses specifically listed for
the zoning district in which the conditional use is located. City Code states in §90.05(A) of the
City Code that towers and wireless telecommunication facilities are permitted with administrative
approval if sited in the Industrial Zoning District or on City property. Siting in other zoning
districts requires a CUP based on the requirements stated in §90.06, PERMITTED CONDPTIONAL
USES. Mr. Viera reported that Clearwire Communications, LLC, is proposing to install high-speed
wireless Internet antennas on the roof of the Silver Lake Plaza building at 4001 Stinson Boulevard.
2. That the requested conditional use permit will not be detrimental to health, safety or general
welfare of persons residing or working in the vicinity or injurious to property values of
improvements in the area. Mr. Viera stated that other communications companies currently have
antennas installed on the roof of the Silver Lake Plaza building. He also indicated that the radiation
levels associated with the high-speed antennas negligible to anyone in the building and on the ground
Staff Rpt Clearwire Communications CUP
that there is no danger to the general public. He did indicate that technicians working directly with they
antennas do wear protective clothing.
3. The requested Conditional Use Permit is considered necessary or desirable at the subject
location to provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare of the neighborhood or community. Mr. Viera stated that this
location is desirable for this type of High-speed Internet antennas because of the height associated with
the proposed location. The high-speed Internet service provided by Clearwire Communications uses
the bandwidth that is at this height. When asked about any radiation threat to those in the building and
Mr. Viera responded that because the bandwidth is at this height and is not directed toward the
building or the ground, there is virtually no danger to anyone in the building, on the ground or living in
the area. He again suggested that he would have an engineer at the public hearing to provide more
technical information regarding these types of questions.
Mr. Viera also presented a letter from the owner of the Silver Lake Plaza building that stated an
agreement had been negotiated and approved by him and Clearwire Communications for the rooftop
installation.
Conditions of the CUP:
1. The antenna(s) does not extend more than 30 feet above the current highest point of the building or
structure.
2. The antenna(s) complies with all current applicable federal regulations.
3. The antenna(s) complies with all current applicable building codes.
4. The installation of the antenna(s) will be done in such a manner as to minimize any adverse effect of
the proposed antenna(s) to adjoining properties.
Communications: Staff has received no phone calls or emails regarding the installation of the proposed high-
speed Internet antennas for this location. There was no one from the public who spoke for or against granting
the CUP to Clearwire Communications at the Public Hearing.
Action: Recommendation for approval from the Planning Commission for CUP application for 4001
Stinson Boulevard.
Attachment:
• Application Packet for CUP
• Site Plan for 4001 Stinson Boulevard
Resolution 10-019 - Resolution to Approve the Request for Conditional Use Permit (CUP) to
Clearwire Communications, LLC for the Installation of High -Speed Wireless Internet
Antennas and Facilities at 4001 Stinson Boulevard.
Staff Rpt Clearwire Communications CLIP
AZ' d r7-17109
Date: l7 f 1 6>1 Fee: $130.00
(60 -Day Rule Effective)
City of A Anthony
Application for Conditional Use Permit
Applicant:
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Phone:
612--S0 -Z2Zg
Address:
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Status of Applicant: (Owner, Buyer, Renter, Agent, etc.) !/fiS e - T
Street Address and/or Legal Description of Subject Property: 6400 1 S Tc S
S 7 � °" 7, /`2 1-1 SAY 2 I
Zoning Designation of Subject Property: L -L� c�lM rV e: V -C z
Reason for Conditional Use Permit Request: G c-Eltg .,I 2c 15 P t^ - (I 0S I -1S —/-6 t -1 S'f� I i
3 PC,tne' 'ff-tC"1"55 Cine{ 3 Y'ilcruu=pC dtSL'ef aiakS Wt'Jil ctv, CC/.vipvlti.c��'� Cs4lne,%_
prn%1Q Lull t'ij'S ✓'uo __/_
V 11� f C^ II -cc i ✓ L., t ✓ e f (d t /-t (ess t k {C r,
APPLICANTS, PLEASE NOTE:
Minnesota Statutes and City Ordinances require that the following criteria must be satisfied
before a Conditional Use may be authorized. Please respond in writing to these criteria, using
additional sheets, if necessary.
1.) The requested Conditional Use is one of the Permitted Conditional Uses specifically
listed for the Zoning District in which the Conditional Use is to be located.
2.) Explain how the requested Conditional Use will not be detrimental to the health, safety
or general welfare of persons residing or working in the vicinity or injurious to property
values of improvements in the area.
3.) Explain why the requested Conditional Use is necessary or desirable at the above
location to provide a service or a facility which is in the interest of public convenience
and will contribute to the general welfare of the neighborhood or community.
C:\Documonts and Settings\BSuciu\Local Seltings\Temporary Internet Files\01,K30Conditional Use Request 2005.doc
19
Additionally, applicants must submit ALL of the following information to City Hall by the
Tuesday that is thirty (30) days prior to the regularly scheduled meeting of the Planning
Commission or City Council meeting at which the request will be heard at a Public Hearing.
1.) Completed application for the specific request and payment of the fee.
2.) Complete survey and site plans of the subject property (including dimensions and
elevations) showing the building, driveways, curb cuts, ingress, egress, etc., on the
property and in relation to adjacent properties.
3.) Explanation of materials to be used and plans for screening, landscaping, fencing and
dumpster enclosures.
4.) Drawings of completed buildings, if appropriate to the project, and materials used.
5.) Storm water retention and drainage. The appropriate watershed district or water
management organization are required to be notified of the project.
6.) A letter explaining the reason for the Conditional Use Permit. In the letter, please
describe that the circumstances to warrant the need for the request.
An incomplete application will not be scheduled before the Planning Commission
or City Council.
Signature of the Applicant:�—
CADocuments and SettingsMuciu\Local Settings\Temporary Internet Files\OLK3C\Conditional Use Request 2005.doc 2
® B UELL CONSULTING, INC. 20
2324 University Avenue West, Suite 200 Site Acquisition
Saint Paul, Minnesota 55114-1854 Permitting
(651) 225-0792 Est. 1991
Fox (651) 225-0795
December 07, 2009
Kim Moore -Sykes
Assistant City Manager - City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Kim:
The following are responses to the questions on the City's Conditional Use Permit
Application:
1) A Wireless Telecommunication Facility is permitted as a Conditional Use in an
Office/Service zoned district.
2) Clearwire is an FCC -licensed entity providing high-speed internet access to customers.
Clearwire abides by all federal, state and local rules and regulations. Clearwire is adding
antennas and equipment to a rooftop in a commercial area already utilized by other
wireless communication providers.
3) Clearwire is requesting the CUP in order to install its equipment to operate its wireless
communications system, offering the residents of St. Anthony the ability to access the
Internet and transmit data with mobility and speed not currently offered in this market.
Although not its primary business, Clearwire will also offer internet access and phone
service through traditional fiber/data coax. This will increase the competition and
offerings provided to the citizens of St. Anthony.
I'd be more than happy to answer any other questions you may have. Thank you for your
consideration to this matter.
Sincerely,
Rob Viera
Site Acquisition Consultant for Clearwire
612.801.2228
21
AIL
B UELL CONSULTING, INC.
2324 University Avenue West, Suite 200 Site Acqulsltlon
Ow
Saint Paul, Minnesota 55114-1854 Permltiin
Am Est. 19911
(651) 225-0792
Fax (651) 225-0795
December 07, 2009
Kim Moore -Sykes
Assistant City Manager - City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Letter explaining the reason for the Conditional Use Permit
Kim:
Clearwire Communications, LLC, an operating subsidiary of Clearwire Corporation,
(NASDAQ: CLWR), offers a suite of advanced high-speed Internet services to
consumers and businesses. As part of a multi-year network build -out plan, Clearwire's
4G service, called CLEARTm, will be available in major metropolitan areas across the
U.S, and bring together an unprecedented combination of speed and mobility. Clearwife's
open all -IP network, combined with significant spectrum holdings, provides unmatched
network capacity to deliver next generation broadband access. Strategic investors include
Intel Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House Networks.
Clearwire currently provides 4G service, utilizing WiMAX technology in two markets
and provides pre- WiMAX communications services in 50 markets across the U.S. and
Europe. Headquartered in Kirkland, Wash„ additional information about Clearwire is
available at www.clegrwire.com.
Clearwire is currently building -out their wireless Internet system across the seven county
Minneapolis/St. Paul metropolitan area. In order to adequately cover the seven county
area, Clearwire is seeking near 500 wireless sites; In order to adequately cover the City of
St. Anthony, and optimally provide all services, Clearwire is seeking two different
locations: The City of St. Anthony Water Tower and this proposed roof -top mount at
4001 Stinson Boulevard.
Both the City of St. Anthony Water Tower and the roof -top at 4001 Stinson Boulevard
are currently utilized as wireless communication facilities. Clearwire will install a
system at both locations that blends in well and is aesthetically pleasing. Let me know if
you have any questions or require additional information. Thank you.
Sincerely,
,
Rob Viera,
Site Acquisition Consultant for Clearwire
612.801.2228
22
December 21, 2009
Mr. Michael Morrison
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: Proposed Clearwire Wireless Communication Installation
4001 Stinson Blvd., St. Anthony, MN
Site Name: MN-MSP0087-Silver Lake Plaza RT
Dear Mr. Morrison:
Mr. Rob Viera representing Buell Consulting, Inc. has requested we
contact your office regarding the proposed wireless communication
installation. Please be advised that Quest Development, Inc. serves as
agent for L.G. Anderson, LLC, owner of the Silver Lake Plaza
Building, located at 4001 Stinson Blvd. in St. Anthony, Minnesota and
is currently in lease negotiations related to the installation of wireless
communications equipment at the above referenced property location.
We have reviewed the design plans provided to date by Clearwire
Wireless Communication of the equipment to be installed and have
found them acceptable.
Please contact our office with any questions you may have.
Sincerely,
Stephen Ludovissie
cc: Jim Waters, L.G. Anderson, LLC
Rob Viera, Buell Consulting, Inc.
clearw're,
December 17`h, 2009
RE: Clearwire FCC Compliance
To Whom It May Concern:
4400 Kirlda d,IIton Point, PHONE: WA 98033 I 425 216 7600 I FAX 425216 7900 I ONLINE: 23 Z 3
Clearwire provides wireless broadband services that use a network of fixed base stations. Clearwire
operates between 2496 MHz and 2690 MHz spectrum using 10 MHz channels.
Clearwire will comply with all FAA and FCC regulations and applicable standards from all other federal,
state, and local laws and regulations. As the applicant for this project, Clearwire will ensure that such
installation, repair, operation, upgrading, maintenance and removal of antennas by the wireless
communication provider shall be lawful and in compliance with all applicable laws, orders, ordinances
and regulations of federal, state and local laws and regulations.
Sincerely,
Gym P"ky
Gyan Pandey
Radio Frequency Engineer
Clearwire Minneapolis -Saint Paul Market
612 998.6612
elearWre,
Wireless Internet Speed transmission comparisons for typical internet Providers
Speed Key: "Kbps": Kilobit per second f°Mbps": Megabit per second
• Dial-up:256-512Kbps
• DSL: 1-2 Mbps (depending on DSL technology, line conditions and service -level implementation)
• Cable Internet: 3-5Mbps
• GPRS - 9.6 Kbps to 115 Kbps (ATT and T -mobile)
• GSM/EDGE - 384 Kbps (ATT and T -mobile)
• CDMA/EV-DO - 1.5 Mbps - 2.4 Mbps (Sprint and Verizon)
• 3G Wireless - 3Mbps
• Clearwire WiMax: 7- 9Mbps (Clear Wire WIMAX: 9Mbps (— 3 times faster than 3G)
Clear Wireless LLC (Clear Wire) proposed transmitters operate in the FCC EBS/BRS services and
broadcast in the 2500 - 2690 MHz frequency range. In addition, there may be additional point-to-
point microwave transmitters operating between 5 and 23 GHz. Therefore, the proposed new
transmitters will fall into the 1500-100,000 MHz frequency band for NIER evaluation.
The cumulative transmissions at Clear Wire's sites with the addition of the proposed Clearwire
transmissions will be below the limit and no exposure risk should exist. Based on the frequencies
Clearwire is using, the Clearwire antennas and equipment will not interfere with any other carriers
and will be compliant to all FCC regulations.
Sincerely,
Gy4i- Amy
Gyan Pandey
RF Engineer, Minneapolis i m: 612-998-6612 i gyan.pandey@clearwire.com
clearwore wireless broadband
Bremer Bank Building
8800 Hwy 7, Suite 203
St Louis Park, MN 55426
24
tho^ny
illa e
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us
December 28, 2009
Mr. Rob Viera
BUELL CONSULTING, INC.
2012 Kentucky Avenue S.
Minneapolis, MN 55426
Dear Mr. Viera:
Your request on behalf of Clearwire Wireless Broadband, LLC, for a Conditional
Use Permit (CUP) for the installation of wireless antennas at 4001 Stinson
Boulevard has been received and will be presented to the Planning Commission
for a public hearing on Tuesday, January 19, 2010 at 705 p.m., or as soon
thereafter as possible. Minnesota State Statutes require that any land use or
zoning applications, such as yours, be approved or denied by the governing
body within 60 days of receipt of a completed application.
Your application and fees for the requested lot split were received on December
17, 2009 and determined to be complete. From this date forward, the City,
according the 60 -Day Rule, has 60 calendar days to approve or deny your
request. The 60 days for your request expire on February 16, 2010..The City's
process to determine a final decision on your CUP request includes a public
hearing at the Planning Commission meeting on January 19, 2010. The Planning
Commission will make their recommendations, which will be presented to the
City Council at their meeting scheduled for January 26, 2010 at 7:00pm.
While the City Council is expected to make a decision on your Conditional Use
Permit application at this time, Minnesota Statute does allow the City to request,
in writing, an additional 60 days should it become apparent that the original 60
days are not sufficient to process your application. Nothing is anticipated at this
time that would cause a delay, but again, you will be notified in writing if
additional time to issue a final decision on your request is needed by the City.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
25
26
Your presence or that of a representative is required at both meetings. If you or a
representative is not present at the Planning Commission meeting on the above -
referenced Planning Conudssion meeting date, the Planning Commission may
table the request until the applicant or the applicant's representative is able to
attend. -
If you have any additional questions about this information, please feel free to
call me at 612-782-3312 or email me at kim.moore-sykes@ci.saint-anthony.mn.us.
Sincerely,,
Kim Moore -Sykes
Assistant City Manager
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33
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 10-019
RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP)
TO CLEARWIRE COMMUNICATIONS, LLC FOR THE INSTALLATION OF HIGH-SPEED
WIRELESS INTERNET ANTENNA AND FACILITIES AT
4001 STINSON BOULEVARD.
WHEREAS, Representatives from Buell Consulting, Inc., submitted an application for a
Conditional Use Permit (CUP) under City Code §90.05; and
WHEREAS, the City of St. Anthony Planning Commission held a Concept Review on
December 15, 2009 to review Clearwire Communications CUP request to install
WTF and related equipment on the roof of the Silver Lake Plaza at 4001 Stinson
Boulevard, and
WHEREAS, a public hearing was scheduled and the Planning Commission conducted a
public hearing on January 19, 2010 on the proposed CUP; and
WHEREAS, all required public notices regarding the public hearing were posted and sent as
required by State Statute; and
WHEREAS, the Planning Commission has recommended approval of the proposed CUP to
the City Council based upon testimony presented by the applicant, the letter
received from the property owner of 4001 Stinson Boulevard, and no comments
in opposition to the proposed CUP for the high-speed wireless Internet antennas
at the conclusion of the public hearing were given; and
WHEREAS, the Planning Commission has recommended approval based on additional
written and verbal testimony from the applicant and other interested persons;
and
WHEREAS, upon consideration of the application and supporting materials, Staff's report,
and all other information constituting the record for this application, the City
Council upon further deliberation, voted to approve the requested Conditional
Use Permit and directed the preparation of the Findings of Fact and this
resolution as a contemporaneous record of the Council's decision; and
THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony does hereby
adopt the following Findings of Fact related to the requested CUP:
Findings:
Criteria #1 The use is one of the Conditional Uses specifically listed for the district in
which the property is located and is not in conflict with the Comprehensive
Plan.
34
Finding #1 This use is not in conflict with the current Comprehensive Plan. The Comprehensive
Plan designates this site as Commercial and according to the Cihj's Zoning Code, Title
IX, WIRELESS TELECOMMUICATION TOWERS, §90.06, Permitted Conditional
Use Permits, states a tower or WIT shall be permitted only if a Conditional Use Permit
(CUP) has been applied for; the applicant has complied with the requirements of this
Subsection and those of Subsection 152.243, Conditional Use Permits- and is approved
by the City Council.
In a letter from Mr. Stephan Ludovissie that Quest Development, Inc., serving as agent
for L.G. Anderson, LLC, owner of the Silver lake Plaza Building armed that they have
participated in lease negotiations related to the rooftop installation of high-speed wireless
communications equipment on the Silver Lake Plaza Building.
Criteria #2 The use will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity or to the values of property in the
vicinity.
Finding #2 The applicant stated that Clearwire Communications, LLC is in compliance with all FCC
requirements. Additionally, other telecommunications companies currently have
antennas installed on the roof of the Silver Lake Plaza Building. Radiation levels
associated with the high-speed wireless Internet antennas were reported to be negligible
to anyone in the building and on the ground; that there is no danger to the general
public.
Criteria #3 The use will provide a service or a facility, which is in the interest of public
convenience and will contribute to the general welfare.
Finding #3 The proposed siting and installation of the high-speed wireless Internet antennas and
related equipment cabinets will provide the coverage needed to provide wireless Internet
to the community of St. Anthony Village and which is part of a proposed metro wide
system. It has been determined that the installation of the high-speed wireless Internet
antennas are in the best interest of the public's convenience and will contribute to the
general welfare.
Mr. Viera stated that other communications companies currently have antennas installed
on the roof of the Silver Lake Plaza building. He also indicated that the radiation levels
associated with the high-speed wireless Internet antennas negligible to anyone in the
building and on the ground that there is no danger to the general public. He did indicate
that technicians working directly with the antennas do wear protective clothing.
Criteria #4 The City Council has specified all conditions, which the Council deems
necessary to make the use compatible with other uses in the area.
• The antenna(s) does not extend more than 30 feet about the highest point of the
building or structure.
• The antenna(s) complies with all applicable federal regulations.
• The antenna(s) complies with all applicable Building Codes.
• The installation of the antenna(s) will be done in such a manner as to minimize any
potential adverse effects of the proposed antenna(s) to adjoining properties.
• Clearwire Communications will be required to notifij the City should any significant
upgrades in technology be required or preferred to improve coverage. Significant
upgrades will require an amendment to the CUP. Minor adjustments to improve
reception or service will not require an amendment to the CUP.
BE IT FURTHER RESOLVED by the City Council that the application to issue a Conditional
Use Permit to Clearwire Communications, LLC to install and locate roof top
high-speed wireless Internet antennas and related equipment at 4001 Stinson
Boulevard is hereby approved and subject to the above -referenced conditions.
Adopted this 9th day of February, 2010.
ATTEST:
City Clerk
Reviewed for Administration:
Mayor
City Manager
35
MEMORANDUM
DATE: February 1, 2010
TO: City Council
FROM: Mike Morrison, City Manager
Roger Larson, Finance Director
ITEM: CLEARWIRE TELECOMMUNICATIONS LEASE
Clear Wireless, LLC "Clearwire" desires to install a high speed wireless internet facility
on the City's Water Tank located at 3109 — 33rd Avenue. The installation of the
equipment will provide a source of rental income.
Staff has work with Clearwire and the City Attorney to negotiate a lease agreement that is
fair, comparable to other communication leases, and acceptable for both parties.
To determine the annual cost of the lease, Staff contacted the Hennepin County
Assessor's Office to review financial numbers of other recently negotiated leases. Their
records indicate a range of $18,000 to $26,000 annually (see attached memo). St.
Anthony's annual lease with "Clearwire" starts at $24,000 a year with an annual escalator
of 4%.
For additional comparison, Staff has included a document that compares the current
Sprint Lease to the proposed Clearwire Lease.
Recommendation
Council approves Resolution #10-020 approving the Communications Site Lease
Agreement between the City of St. Anthony and Clear Wireless, LLC.
37
Hennepin
Hennepin County Assessor Department
A-2103 Government Center
300 South Sixth Street
Minneapolis,MN 55487-0213
November 4,. 2009
Mr. Jay Hartman
City of St. Anthony
3301,Silver Lake Rd.
St. Anthony, MN 55418
Www.co.hennep1n.mn.us
' A?% S.P.
yyss.oI %oA9
Dear Mr. Hartman,
Pursuant to your request, I have analyzed our database on municipal
.communication leases throughout Hennepin County.
A total of 94. communication leases were. analyzed. As a result the annual lease
rates range from $3,900 - $49,000. Further analysis indicated that recently
negotiated leases range from $18,000 - $26,000/annually.
If you. have any questions about the above requested information, please feel
free to contact me directly.
Respectfully,
iI
Justin. Mas mann
C'6mme"rciaf Appraiser
Hennepin County
P: (612) 348-8424
R.(612)348-8751
E: justin.massmann@co.hennepin.mn.us
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SITENAME 39
SITCNUM ER: MN-MSP0210
COMMUNICATION SITE LEASE AGREEMENT (WATER TANK)
THIS COMMUNICATION SITE LEASE AGREEMENT ("Agreement") dated and is effective as of
, 2010, is between Clear Wireless, LLC, a Nevada limited liability company ("Clearwire" or
"Tenant"), and City of St. Anthony„ a Minnesota Municipal Corporation ("Owner" or "Landlord").
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Owner owns a parcel of land ("Land") and a water tank ("Water Tank")
located in the City of St. Anthony, County of Hennepin, State of Minnesota, commonly known as 3301 Silver Lake
Road, Minneapolis, MN 55418. The Water Tank and the Land are collectively referred to herein as the
"Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of
Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Clearwire and Clearwire leases
from Owner approximately 100 Square Feet of Land and space adjacent to and/or on the Water Tank and all access
and utility easements necessary or desirable therefore (collectively, "Premises") as may be described generally in
Exhibit B annexed hereto. 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 Tenant installs on the Premises, pursuant to the provisions of this Agreement.
2. Effective Date/Due Dilieence Period, This Agreement shall be effective on the date of full
execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted
to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections,
and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental
tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to determine the
physical condition, feasibility and suitability of the Premises. Prior to entering the Property, Tenant must provide
Landlord with evidence of the insurance required to be carried by Tenant hereunder. Tenant shall be solely
responsible for returning the property to its original condition, shall indemnify and hold harmless Landlord from the
cost of Investigations and Tests conducted by or on behalf of Tenant, and shall keep the property free of all liens.
Throughout the Due Diligence Period, Tenant shall have the ongoing obligation to maintain the Properly 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. Tenant shall provide Landlord with copies of all reports generated
by or on behalf of Tenant pursuant to this section. The obligations set forth in Section 2 survive the expiration or
termination of this Agreement. In the event that Clearwire determines, during the Due Diligence Period, that the
Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides
not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement
without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term
Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the
Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations
and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall
have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior
to the Term Commencement Date,
3. Use. The Premises may be used by Tenant for any lawful activity in connection with the
provisions of wireless communications services, including without limitation, the transmission and the reception of
radio communication signals and the construction, maintenance and operation of related communications facilities.
Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
Premises. Tenant's right to use the Premises is expressly contingent upon 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.
4. Term, The term of this Agreement shall commence upon the date Tenant begins construction of
the Tenant Facilities (as defined in Paragraph 6 below) or six (6) months following the Effective Date, whichever
first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term
Clcanvirc Comnni kation Power All.,11c111 - I- v.5-22-06
SITENAME 40
SITE NUMBER: MN-MSP0210
Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to
extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and conditions
as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless
Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the
succeeding Renewal Term.
5. Rent. Within fifteen (15) business days following the Term Commencement Date and on the
first day of each month thereafter, Tenant shall pay to Landlord as rent Two Thousand and 00/100 Dollars
($2000.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or
Renewal Term shall be prorated. Rent shall be payable to Landlord at 3301 Silver Lake Road, St. Anthony,
Minnesota 55418; Attention: City Manager. All of Tenant's monetary obligations set forth in this Agreement are
conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. Rent shall be increased on
each anniversary of the Term Commencement Date by an amount equal to 4%.
6. Improvements.
6.1 Before obtaining a building permit, Tenant must pay for the cost of (i) a radio frequency
interference study carried out by an independent and qualified professional selected by Landlord showing that
Tenant's intended use will not interfere with any existing communications facilities and (ii) an 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 as have been approved by Landlord. With the prior written
consent of Landlord, Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate
on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, an ice
bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas,
microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and
structures therefore ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to
prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and
transmission lines connecting antennas to transmitters and receivers. All of Tenant's construction and installation
work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the
Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or
assigns and are not fixtures. Tenant 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. In the event Tenant fails to timely remove the Tenant Facilities, the Tenant Facilities shall
become property of Landlord, to be disposed of as Landlord sees fit at Tenant's expense.
7. Repairs; Maintenance. Tenant shall repair any damage to the Premises or Property caused by
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 excepted. As pall 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. ht such case, upon 30 days' prior written notice from Landlord, Tenant will remove all of its
cellular phone antennas from 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 the Water Tank, at such location that will allow the antennas to operate for Tenant's intended
purpose, but which will not interfere with the painting of the Water Tank. Upon completion of the painting of the
Water Tank, Landlord shall provide written notice to Tenant of the same, and Tenant shall promptly reinstall its
antennas on the Water Tank, 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 Tank. All Tenant's actions described in this Section shall be performed at
Tenant's sole cost and expense. Tenant agrees that all of Tenant's obligations contained in this Agreement,
including but not limited to, defense, indemnification, and insurance obligations, shall continue during such time as
Tenant's antennas are removed from the Water Tank, and shall be extended to cover Tenant's activities on the
Premises or the vicinity of the Premises, as the case may be, specifically including but not limited to, the presence
and operation of Tenant's temporary antenna support structure. In addition, upon prior written notice from
Landlord, Tenant agrees to promptly pay Landlord all additional Landlord expenses incurred in maintaining the
Premises, including painting or other maintenance of the Water Tank, that are caused by 'T'enant's occupancy of the
Premises. Upon prior written notice from Landlord, Tenant further agrees to cooperate with Landlord in the
Cleanvire Communication Tower Agrcenient - 2- v.5-2206
SITENAME 41
SI'Z'E NUMBER: MN-MSP0210
performance of any maintenance of the Water Tank, including, but not limited to, turning down the cell site when
maintenance workers are in the immediate vicinity of the antennas.
8. Access and Utilities.
8.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant.
Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for
pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described
generally in Exhibit B.
8.2 Landlord shall maintain all access roadways from the nearest public roadway to the
Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
for any damage caused by Tenant's use of such roadways.
8.3 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 from 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 the rights in the
Property.
9. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
Communications Commission ("FCC") requirements including those prohibiting interference to communications
facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any
such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to
the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
material breach of this Agreement.
10. Taxes. If property taxes are assessed on the Tenant Facilities or the Tenant's use 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 deferred taxes on the property.
11. Termination.
11.1 This Agreement may be terminated without further liability on thirty (30) days prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not
be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party
has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
provided that the grace period for any monetary default is five (5) days from receipt of written notice. This
Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant
delivers written notice of termination to Landlord prior to the Commencement Date.
11.2 This Agreement may also be terminated by Tenant without further liability on thirty (30)
days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit,
authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing,
maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant
determines that the Premises are not appropriate for its operations for economic, environmental or technological
reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise
determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose.
12. 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 transfer in lieu of condemnation by giving notice to Landlord no more
Clcanvirc Communication 9'owcr Ayrecnunt -
3- v.5-22.06
SrrENAME 42
SITE NUMBEW MN-MSP0210
than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
the actual reduction or abatement of use of the Premises.
13. Insurance• Subrogation' and Indemnity.
13.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of
One Million and No/100 Dollars ($1,000,000.00) per occurrence naming Landlord as an additional insured. 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 or in connection with Tenant's use of the
premises, all as provided for herein. Such policies shall be endorsed to provide Landlord with thirty (30) days notice
of cancellation, change in terms, or nonrenewal Tenant may satisfy this requirement by obtaining the appropriate
endorsement to any master policy of liability insurance Tenant may maintain. If Tenant fails to carry the insurance
required hereunder, Landlord may but shall not be obligated to procure the same on Tenant's behalf and at Tenant's
sole expense, which amount shall become due and payable on demand. Prior to Effective Date, Tenant shall provide
Landlord with a certificate of insurance ("COI") evidencing the coverage required by this Paragraph 13.
13.2 Landlord and Tenant hereby mutually release each other (and their successors or assigns)
from liability and waive all right of recovery against the other for any loss or damage covered by their respective
first -party property insurance policies for all perils insured thereunder, In the event of such insured loss, neither
party's insurance company shall have a subrogated claim against the other.
13.3 Landlord and Tenant shall each indemnify, defend and hold the other harmless from and
against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants'
fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or
condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents,
employees or contractors in or about the Property. The duties described in this Paragraph 13.3 shall apply as of the
Effective Date of this Agreement and survive the termination of this Agreement.
14. Assignment. Tenant may assign this Agreement in its entirety only upon the prior written
approval of Landlord, not to be unreasonably withheld, conditioned or delayed; provided that Tenant may assign this
Agreement to a parent, affiliate, subsidiary or purchaser of all or substantially all of Tenant's assets upon prior
written notice to Landlord. Tenant may sublease, partially assign, or otherwise co -locate an additional commercial
mobile radio service provider ("CMRS Provider") upon a portion of the Premises, with the prior approval of
Landlord, not to be unreasonably withheld, conditioned or delayed and subject to the terms of this section. The
consent of Landlord to any sublease, partial assignment, assignment or co -locate shall not release the original Tenant
from any covenant or obligation under this Agreement. The consent of Landlord to any partial assignment,
assignment, subletting or co -locate shall not constitute a waiver of the right of Landlord to withhold its consent to
any further partial assignment, assignment, subletting or co -locate.
15. Title and Ouiet Enjoyment.
15.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute
this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that
Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary
approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow
Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as
may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and
access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective
Date.
15.2 Tenant has the right to obtain a title repot or commitment for a leasehold title policy
from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title
or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right
to terminate this Agreement immediately upon written notice to Landlord.
16. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
Clcnrwirc Cmnrminiemion'fmvcr Agroeman - 4- v.5-22-06
SITENAME 43
SITE NUMBER: MN-MSP0210
warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
behalf of Landlord fi•om any governmental entity or any person or entity claiming any violation of any applicable
environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant
shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including,
without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any
breach of any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental
conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations
in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from
the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in
interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this
Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
"Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable
environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any
other substance or material which constitutes a threat to health, safety, property or the environment or which has
been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
applicable environmental law or regulation.
17. Waiver of Landlord's Lien. Subject to the rights of any lender with a security interest as of
the date hereof, Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the
Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement,
whether or not the same is deemed real or personal property under applicable laws, and Landlord gives 'tenant and
Mortgagees the right to remove all or any portion of the same front time to time, whether before or after a default
under this Agreement, in Tenant's and Mortgagee's sole discretion and without Landlord's consent.
18. Notices. All notices, requests, demands and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
next -business -day delivery by a nationally recognized overnight carrier to the following addresses:
If to Tenant, to:
With a copy to:
If to Landlord, to:
Clearwire
Clearwire
City of St. Anthony
Attn: Site Leasing
Attention: Legal Department
Attn: Michael J. Monson
4400 Carillon Point
4400 Carillon Point
City Manager
Kirkland, WA 98033
Kirkland, WA 98033
3301 Silver Lake Road
Telephone: 425-216-7600
Telephone: 425-216-7600
St. Anthony, MN 55418
Fax: 425-216-7900
Fax: 425-216-7900
Email: Siteleasing(r)clearwire.com
_
Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other
party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
19. Marking_and Li hg tine. Landlord shall be responsible for compliance with all marking and
lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited
because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, 'tenant
may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense,
which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or
corning due, to Landlord.
20. Miscellaneous.
20.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant
in advance in writing of the payee's name and address.
Clcuwim Communication Tower Agrecmau - 5- v5-22-06
SITENAME 44
SITE NUMBER: MN.MSP0210
20.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
20.3 If any provision of the Agreement is invalid or unenforceable with respect to any party,
the remainder of this Agreement or the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
20.4 Terms and conditions of this Agreement which by their sense and context survive the
termination, cancellation or expiration of this Agreement will so survive.
20.5 This Agreement shall be governed by laws of the State of Minnesota.
20.6 This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
20.7 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded
by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any
Renewal Terms, and/or other reasonable terms consistent with this Agreement.
20.8 All Exhibits referred herein are incorporated herein for all proposes.
20.9 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance
Agreement for the benefit of Tenant from each lender with a security interest recorded upon the title to the Site at
the time of execution of this Agreement.
20.10 This Agreement constitutes the entire Agreement between the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of
any of the terms and conditions of this Agreement must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written.
LANDLORD: TENANT:
City of St. Anthony, a Minnesota municipal corporation Clear Wireless, LLC a Nevada limited liability company
By: By:
Michael J. Morrison
Name:
Title:
Date:
Tax I.D.:
City Manager
Name:
Title:
Date:
Cl.,!,m Connnu kmion'rowcr A,,ce.nt - 6- v.5-22-06
SITE NAME 45
SITEM BEk'. MN.MSP0210
STATE OF Minnesota )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that lie/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the of
, a to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of Clear Wireless, LLC, a Nevada limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
ClCarwire Comnnniwiion'I.1w 1 A,r nn nl - 7 - v.5 2M6
SITE NAME 46
SITE NUMBER. MN-MSP0210
1:V.rr3yy1
DESCRIPTION OF LAND
to the Agreement dated , 2010, by and between City of St. Anthony, a Minnesota Municipal
Corporation, as Landlord, and Clear Wireless, LLC, a Nevada limited liability company, as Tenant.
The Land is described and/or depicted as follows (metes and bounds description):
A PN: 06-029-23-13-0002
A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO
The West 20 acres of the SW '/4 of the NE i/4 of Section 6, Township 29, Range 23 according to the US Government
Survey thereof, Hennepin County, Minnesota, except:
The West '/2 of the South '/� of the West '/2 of the SW '/4 of the NE '/4; The West 270' of the South 120' of the North
'/2 of the West 1/2 of said SW '/4 of the NE 1/4
Clcarwim Convnuniemwn'I'.., Agrecinrwn - 8- v-5-22-06
SITE NAME 47
SITE NUMBER: MN-MSP0210
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated , 2010, by and between City of St. Anthony, a Municipal
Corporation, as Landlord, and Clear Wireless, LLC, a Nevada limited liability company, as Tenant.
The Premises are described and/or depicted as follows:
A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO
Notes:
1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental
authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including
police and fire departments.
4. The type, 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. The locations of any utility easements are illustrative only. The actual locations will be determined by the
servicing utility company in compliance with all local laws and regulations.
Cje i,c Communicniion'I' wee Agrccnicni - 9- v.5-22-06
SRGNAM6 48
S1'rC NUMCCR: MN-MSP0210
EXHIBIT C
COMMUNICATIONS FACILITY
to the Agreement dated , 20_, by and between City of St. Anthony, a Minnesota
Municipal Corporation, as Landlord, and Clear Wireless, LLC, a Nevada limited liability company, as Tenant.
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Clearwire
4400 Carillon Point
Kirkland, WA 98033
Attn: Site Leasing
MEMORANDUM OF AGREEMENT
APN: 06-029-23-13-0002
This MEMORANDUM GF AGRFEMENr is entered into on , 2010, by City of St. Anthony, a
Minnesota Municipal Corporation, with an address at 3301 Silver Lake Road, St. Anthony, Minnesota, 55418
(hereinafter referred to as "Owner" or "Landlord") and Clear Wireless, LLC, a Nevada limited liability company,
with an address at 4400 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or "Tenant").
1. Owner and Clearwire entered into a Communication Site Lease Agreement
("Agreement") dated as of 2010, effective upon full execution of the parties ("Effective Date")
for the propose of Clearwire undertaking certain 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 foregoing is set forth in the Agreement.
2. The term of Clearwire's tenancy under the Agreement is for five (5) years
commencing on the start of construction of the Tenant Facilities or six (6) months following the Effective Date,
whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of the 'Perm
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 "Premises") are set
forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above.
LANDLORD:
City of St. Anthony,
A Minnesota Municipal Corporation
By: EXHIBIT ONLY — DO NOT EXECUTE
Name:
Title:
Date:
TENANT:
Clear Wireless, LLC,
a Nevada limited liability company
By: EXHIBIT ONLY — DO NOT EXECUTE
Name:
Title:
Date:
Clearwire Comnumicaiion I ower ASrccmm11t - le- e5-22-06
SITE NAME 49
SITE NUMBER: MN.MSP0210
STATE OF Minnesota )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the of
, a to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
this space for notary
STATE OF )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of Clear Wireless, LLC, a Nevada limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
space for notary stamp/seal)
Clear ire Cunvnunicntion'rmver A6rccmmInt - 1 I - v 5 22-06
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 10-020
A RESOLUTION APPROVING INSTALLATION OF A TELECOMMUNICATIONS
FACILITY ON THE CITY'S WATER TANK LOCATED AT 3109 - 33RD AVENUE
WHEREAS, Clear Wireless, LLC "Clearwire", desires to install a high speed wireless internet
facility on the City's Water Tank located at 3109 - 33rd Avenue; and
WHEREAS, the installation of a telecommunications facility on the City's water tank will
provide a source of income for the City of St. Anthony; and
WHEREAS, the mutually agreed upon lease terms for the water tank located at 3109 - 33rd Avenue,
St. Anthony, MN 55418 are as follows:
Initial lease term: (5) five years
Renewal term: (5) five, (5) year automatic renewal terms
Rent: $2,000 per month
Annual rent Escalator: (4%) four percent
WHEREAS, the mutually agreed Clearwire equipment to be installed are as follows:
(3) three antennas and (3) three microwave dishes placed on the railing of the
water tank at approximately 65'; and
Air conditioned, heated and electrical supply to a 10' x 10' lease area for a
ground equipment cabinet; and
WHEREAS, the cost of utility lines, transmission lines, an ice bridge(s), an air conditioned
equipment shelter(s), electronic equipment, transmitting and receiving antennas,
microwave dishes, antennas and equipment, a power generator and generator
pad, and supporting equipment and structures will be paid by Clearwire; and
WHEREAS, the City of St. Anthony's City Attorney and City Engineer have reviewed and approved
the plans and specifications for the telecommunications facility and the lease agreement.
NOW THEREFORE, BE TT RESOLVED, that the City of St. Anthony Village hereby approves installation of
a high speed wireless internet facility at the site of the City's water tank located at 3109 - 33rd Avenue, St.
Anthony, MN 55418, under the conditions and lease terms as stated above, which were mutually agreed
upon by the City of St. Anthony and Clear Wireless, LLC "Clearwire".
Adopted this 9th day of February, 2010.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
L:\Council Meetings\2010\020920INes Clear wire water tower.doc
50
St. Anthony Village
Liquor Operations
Ll
During 2009, the City of St. Anthony
owned and operated two off -Sale
Liquor Stores. St. Anthony
Marketplace Store is located at 2700
Highway 88. The Silver Lake Village
Store is located at 2602 39th Ave.
9dNWh4dBf—.AF
The operation employs a
Liquor operations
Manager, Assistant
Operations Manager and a
Store Manager. We also
employ a Full Time Lead
Clerk and 22 Part Time
Sales Clerks.
0
Our goal is to control the sale
of beverage alcohol to minors
and intoxicated persons while
simultaneously generating
F revenue for the community, in
accordance with city, state
and county liquor laws and
ordinances.
Our Liquor operations
staff completed the
Beverage Alcohol
Training (B.A.T.) course
provided by the
Minnesota Municipal
Beverage Association.
■ Control the Sale of Alcohol.
■ Generate Revenue for the
Community.
■ our Profits are used for:
- Reducing the Property Tax Levy,
- Providing Funds for Special Projects.
- Providing Funds for Equipment
Purchases for Police, Fire and Public
Works.
■ Marketplace sales were
$3,515,542.
■ Silver Lake Village sales were
$3,099,831.
■ Overall sales increase of $253,324
or 3.98% to $6,615,373.
■ Net profit of $477,177
(unaudited).
■ Marketplace store
had 160,810 sales.
Average sale
amount was
,1
$21.86.
■ Silver Lake Village
-
store had 146,063
sales. Average sale
amount was
$21.22.--
Mix & Misc.
$216,633
3%
$1,725,835
26%
Sales by
Category
1,892,843
Spirits 28%
Mix & Misc.
5%
33% Wine
43%
0
Gross Profit
by Category
Spirits ` \ 29%
33%
55
61
56
500,000
450,000
400,000
350,000
300,000
250,000
200,000
150,000
100,000
50,000
10 Profit History
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
5 Year Profit History
$600,000
$500,000
$400,000
$300,000 $276,478
$200,000
$100,000
$455,574 $477,177
$414,400 $400,422
Fl I F]
2005 2006 2007 2008 2009
57
f
The Liquor Operations
successfully passed all
of the alcohol and
tobacco compliance
checks performed by
the Police Department.
an
j
Winner of the
Lillie Newspaper's
"READER'S CHOICE AWARDS"
■ Employee Relations, Store Appearance,
Product Selection:
■ 96% Excellent or Good Overall Rating
■ Why do our Customers shop at our stores?
■ Convenience/Location 38%
■ Prices/Sales/Coupons 35%
■ Friendly Staff 16%
■ Product Selection 11%
■ 76% Aware that our profits reduce taxes.
WWW.
stanthonyvillagewine
andspirits.com
t. Anthony
Jqmuo Ppe
�L*jw AWN
Wage
diont
Ff6
..,..,,,,2009 Annual Rew
T
AV
-AA
mm
gai
FUTURE COUNCIL AGENDA ITEMS
2/9/2010
Meeting
Meeting
Staff
Items/Issues
Date
Type
February 23
Regular
Planning Commission items fi-om February 16
Approve Resolutions for 2010 Street Improvement Project
Call for Hearing on Improvements
City Engineer
Call for Hearing on Assessments
Ordering Preparation of Assessments
Richard Fursman
2010 Goals Presentation
City Manager
Public Works Director
Community Garden
Fire Vehicle Discussion
March 1
Worksession
Fire Chief
2011 Budget
6:80 p.111.
finance Director
Chandler THF
Ehlers & Associates
Pratt Project
Public Works Director
Department Reports
March 9
Regular
Finance Director
Public WorksFinance
Fire Chief
Fire
March IB
Special
Council
Joint Meeting Planning b r Commission
b
5:30 p.111.
Asst City Manager
Special
Council
Joint Meeting with ISD #282 School Board
7:00 p.m.
March 23
Regular
Planning Commission items from March 16
Ehlers & Associates
Call for the Sale of Bonds for the 2010 Street & Utility
Improvement Project
Ehlers & Associates
Seventh Amendment to the Development Agreement for
Silver Lake Village
Public Hearing
Order Improvements
City Engineer
Adopt and Confirm Assessments
Award the Bid for the 2010 Street & Utility Project
April 13
Regular
hhlers & Associates
Bond Sale for the 2010 Street & Utility Improvement Project
April 27
Regular
Planning Commission items from April 20
City Manager
Public Hearing
Finance Director
Budget Meeting
May 3
Worksession
All Department Heads
2011 Budget
6:30 P.111.
May 11
May 25
Planning Commission items from May 18
** WORKSESSIONS - 1ST MONDAY OF THE MONTH AS NEEDED
February 2010
Monthly Planner
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
S
6
Precinct
Caucus
7
8
9
10
11
12
13
Joint Meeting
City Council
with Parks
Meeting 7pm
Commission
Parks
Commission
Meeting
14
15
16
17
18
19
20
HOLIDAY
Joint Meeting
with Planning
Commission
5:30 pm
21
22
23
24
25
26
27
City Council
Meeting 7 pm
2 0
Jan 2010
Mar 2010
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March 2010
Monthly Planner
Printed by Calendar Creator for Windows on 2/3/2010
2
3
4
5
6
7
1NORKSESSION
6:30 pm
7
8
9
10
11
12
13
City Council
Meeting 7pm
14
15
16
17
18
19
20
Joint Meeting
with Planning
Commission
5:30 pm
Joint Meeting
with School
Board 7 pm
21
22
23
24
25
26
27
City Council
Meeting 7 pm
2C)
29
30
31
Feb 2010
Apr2010
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Jan 2010
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5 M T w 'r I-- s
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May 2010
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16
17.X19.
20
21
22
23
2426
29
27
28
29
30
31
2010 City Meetings Calendar
*All dates and times of meeting are subject to change*
12 - City Council Meeting
19 - Planning Commission
26 - City Council Meeting
8 - Joint Meeting with Parks
Commission
- Parks Commission Mtg.
9 - City Council Meeting
16 - Planning Commission
23 - City Council Meeting
1- Worksession
9 - City Council Meeting
16 - Joint Meeting with
Planning Commission
- Planning Commission Meeting
- joint Meeting with ISD #282
-7pm
23 - City Council Meeting
5 - Work session (tenative)
13 - City Council Meeting
20 - Planning Commission
27 - City Council Meeting
3 - Work session (tenative)
11 - City Council Meeting
18 - Planning Commission
25 - City Council Meeting
7 - Work session (tenative)
8 - City Council Meeting
14 - Parks Commission
15 - Planning Commission
22 - City Council Meeting
29 - Joint Meeting ISD#282
Jun 2010
Oct 2010
T W T
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18
12
19
20 21
23
24
25
26
27 28
30
19 21
;
22
23
2010 City Meetings Calendar
*All dates and times of meeting are subject to change*
12 - City Council Meeting
19 - Planning Commission
26 - City Council Meeting
8 - Joint Meeting with Parks
Commission
- Parks Commission Mtg.
9 - City Council Meeting
16 - Planning Commission
23 - City Council Meeting
1- Worksession
9 - City Council Meeting
16 - Joint Meeting with
Planning Commission
- Planning Commission Meeting
- joint Meeting with ISD #282
-7pm
23 - City Council Meeting
5 - Work session (tenative)
13 - City Council Meeting
20 - Planning Commission
27 - City Council Meeting
3 - Work session (tenative)
11 - City Council Meeting
18 - Planning Commission
25 - City Council Meeting
7 - Work session (tenative)
8 - City Council Meeting
14 - Parks Commission
15 - Planning Commission
22 - City Council Meeting
29 - Joint Meeting ISD#282
Sep 2010
S M T W T F S
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5 7 8 9 to ll
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Sep 2010
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Aug 2010
Oct 2010
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Sep 2010
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Oct 2010
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Nov 2010
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Dec 2010
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23
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13 - City Council Meeting
20 - Planning Commission
27 - City Council Meeting
2 - Work session (tenative)
10 - City Council Meeting
17 - Planning Commission
24 - City Council Meeting
31 - Joint Meeting ISD#282
6 - Work session (tenative)
13 - Parks Commission
14 - City Council Meeting
21 - Planning Commission
28 - City Council Meeting
4 - Work session (tenative)
12 - City Council Meeting
19 - Planning Commission
26 - City Council Meeting
1 - Work session (tenative)
9 - City Council Meeting
16 - Planning Commission
23 - City Council Meeting
30 - Joint Meeting ISD#282
6 - Work session (tenative)
13 - Parks Commission
14 - City Council Meeting
21 - Planning Commission
28 - City Council Meeting
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY VILLAGE
February 9, 2010
Call to Order.
Roll Call.
I. Approval of February 9, 2010, H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There 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. Approve January 12, 2009, H.R.A. Minutes. (pp. 1 — 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
Z:1Council Meetings120101020920101HRA agendapg#.doc
1
1 CITY OF ST. ANTHONY
2 HRA REGULAR MEETING MINUTES
3 JANUARY 12, 2010
4
5 CALL TO ORDER.
6 Chair Faust called the meeting to order at 8:07 p.m.
7
8 ROLL CALL.
9 Commissioners present: Chair Faust; Commissioners Roth, Stille, Gray, and Jenson
10 Commissioners absent: None
11 Also Present: Executive Director Michael Morrison
12
13 I. APPROVAL OF JANUARY 12, 2010 HRA MEETING AGENDA.
14
15 Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the January 12,
16 2010 Housing and Redevelopment Authority Agenda as presented.
17
18 Motion carried unanimously.
19
20 II. CONSENT AGENDA.
21
22 Motion by Commissioner Gray, seconded by Commissioner Roth, to approve the Consent
23 Agenda which consisted of:
24
25 A. H.R.A. Meeting Minutes of December 8, 2009;
26 B. Claims; and
27 C. "Housekeepinn Resolutions"
28 1. HRA 10-001, Designate Chair for HRA
29 2. HRA 10-002, Designate Vice Chair for HRA
30 3. HRA 10-003, Designate Secretary/Treasurer for HRA
31 4. HRA 10-004, Designate Commissioner for HRA
32
33 Motion carried unanimously.
34
35 II1. PUBLIC HEARINGS.
36
37 None.
38
39 IV. GENERAL POLICY OF BUSINESS OF THE H.R.A.
40
41 None.
42
43 V. STAFF REPORTS
44
45 None.
46
47 VI. H.R.A. COMMISSIONER COMMENTS
48
49 None.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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19
Housing and Redevelopment Authority Meeting Minutes
January 12, 2010
Page 2
VII. INFORMATION AND ANNOUNCEMENTS
None.
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 8:08 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
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