AGENDA FOR REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN Tuesday January 19, :30 p.m. - Government Center, Board Room 201

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1 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL AGENDA FOR REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN Tuesday January 19, :30 p.m. - Government Center, Board Room PROCLAMATIONS AND COMMENDATIONS 4. APPROVAL OF MINUTES December 15, Regular Council meeting 5. PUBLIC HEARINGS 6. CONSENT AGENDA The following items may be received and filed (r/f), referred, or approved as noted, by the Council utilizing a single vote. All licenses approved are contingent upon meeting City Code requirements. There will be no separate action on these items unless a Council member requests, and the Council approves. Communications are on file in the City Clerk s office, and may be viewed in their entirety during regular office hours. 6.1 Wisconsin Division of Transportation, final calculation for 2010 General Transportation Aid and Connecting Highway Aids. r/f 6.2 Ambulance Task Force, December 22, 2009 meeting minutes. r/f 6.3 Deer Committee, November 16, 2009 meeting minutes. r/f 6.4 Duluth Transit Authority, October 28, 2009 meeting minutes. r/f 6.5 Library Board, December 9, 2009 meeting minutes. r/f 6.6 Liability Claims Committee, November 19, 2009 meeting minutes. r/f 6.7 Parks & Recreation Commission, January 7, 2010 meeting minutes. r/f 6.8 Police and Fire Commission, September 9, 2009 meeting minutes. r/f 6.9 Superior Tourism Development Fund, December 7, 2009 meeting minutes, and financials. r/f 6.10 All checks register for the month of December r/f 6.11 Claim #09-33, Kelly Ann Banks. Refer to Claims Cmt 6.12 Claim #09-34, Larry Banks. Refer to Claims Cmt 6.13 Claim #09-35, Craig Prior. Refer to Claims Cmt 6.14 Claim #10-1, William Poach. Refer to Claims Cmt 6.15 Michael Callaway, Readstown, WI, requesting amendments to Chapter 74 Article VI, Fireworks and fourth of July Novelties. Refer to License & Fees Cmt 6.16 Councilor Bender requesting review of signage and speed limit along N. 28 th Street, between Hammond Avenue and East 2 nd Street. Refer to Public Works Cmt 6.17 Councilor Hendry requesting installation of stop signs on Oakes Avenue at N. 18 th Street. Refer to Public Works Cmt 1 Regular Council Meeting January 19, 2010

2 6.18 Fred Paine requesting to purchase of 0.43 Compensatory Wetland Mitigation Credits from the City of Superior Compensatory Wetland Mitigation Bank. Refer to Public Works Cmt 6.19 Councilor Olson requesting the City participate in the National Worker s Memorial Holiday honoring workers killed in the line of duty, and fallen soldiers, by planting a tree. Refer to Urban Forestry Tree Bd 6.20 Finance Committee, December 10, 2009 recommendations for approval 2) Approve Boathouse Restaurant Lease reduction in the amount of $5, for ) Receive & file Matt Christy (Edward Jones) presentation regarding Build America Bonds. 4) Approve sewage credits: Guy Peterson - $2,385.76; and Jessica Mohr - $1, ) Approve $8,000 needed for a wastewater services rate study. 6) Increase Administrative Fees for Code Compliance in the amount of $150. per incident. 7) Receive & file November Internal Auditor report. 8) Receive & file Animal Shelter Information. 9) Receive & file November All Checks register. 10) Receive & file November Financial Statements Plan Commission, December 16, 2009 recommendations for approval 1) Approve Dave & Dawn Evans request to vacate E. 3 rd St. between Hill and D Street; and D Street between E. 4 th and E. 3 rd Streets. (VAC 09-06) 6.22 Public Works Committee, December 16, 2009 recommendations for approval 1) Hold in Committee the Traffic Calming Policy. 2) Hold in Committee petition regarding train horns from residents of th Ave. East. 3) Hold in committee request from Councilors Bridge and Mertzig to consider closing railroad crossings on 25 th Ave. East and East 4 th, 6 th, and 7 th Streets. 4) To place a pedestrian stanchion temporarily at N. 17 th Street and Maryland Avenue (Cooper School) and look at placement of a sidewalk in the area. 5) Approve request for a Traffic Signal Warrant Study for N. 58 th St. and Tower Avenue. 6) Remove the 20-minute parking at Faxon near UWS (between Catlin and Fisher Avenues) Approve miscellaneous licenses. City Clerk Kalan 6.24 Approve Original application for a Class B Beer and Class C Wine license by DAB Properties, trade name: Wide World of Wings, Doug Buhr Agent; for the license period January 20, June 30, City Clerk Kalan 6.25 Approve application to appoint Kristy Meidl as Agent for Lakehead Oil Co., Inc., trade name Belknap Spur; for the license period January 20, 2010 June 30, City Clerk Kalan 7. BUSINESS BY DEPARTMENT HEADS 7.1 Contract with Rettler Corporation of Stevens Point, Wisconsin for Master Park Planning Services at a cost of $29,780. P&R Administrator Morgan 7.2 Authorize sale of excess and obsolete fleet vehicles and equipment through use of a public auction service and/or public sale, for the year Assistant PW Dir. Goetzman 2 Regular Council Meeting January 19, 2010

3 8. BUSINESS BY THE MAYOR 8.1 Mayor Ross appointing Denise Kovaleski to the Library Board for a three year term expiring January 2013; and reappointing Robert Finstad to the Assessment Board of Review, for another five year term expiring October, Mayor Ross requesting Council change the policy to eliminate the allocation of a City vehicle to the Mayor; in exchange for a monthly vehicle allowance of $ BUSINESS BY COUNCILORS 10. RESOLUTIONS 10.1 R Resolution setting a public hearing for 6:30 p.m. on the 2 nd day of March, 2010 in the Government Center Board Room 201, to vacate E. 3 rd Street between Hill Avenue and D Street and to vacate D Street between E. 4 th and E. 3 rd Streets. (VAC 09-06, Evans) 10.2 R Resolution introduced by the Chief of Police asking the Common Council support the Memorandum of Understanding (MOU) between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Superior Police Department R Resolution of the Common Council approving the execution of a Development Agreement and Lease Agreement in Connection with the Superior Amateur Hockey Association (SAHA) Inc. Project R Resolution introduced by Councilors Bender and Finsland, thanking Congressman Obey, Senator Kohl, Senator Jauch, and Assemblyman Milroy, for their roles in many economic and Building Projects in the City of Superior, and Douglas County. 11. ORDINANCES 11.1 O Ordinance introduced by the Public Works Committee amending City Code Chapter 112, Traffic Code, Schedule J, Disabled Parking zones, by adding 1123 Grand Avenue (both sides) O Ordinance introduced by City Attorney Prell amending City Code Chapter 2, Administration, Section 2-417(a)(7), Unclaimed, Lost or Abandoned Property, to reflect the disposition of money seized as contraband O Ordinance introduced by the Public Works Committee amending City Code Chapter 112, Traffic Code, Article III, Parking, Section 2, Twenty (20) Minute Parking Only, by removing Faxon Street between Catlin Avenue and Fisher Avenues, on south side between 7:30 a.m. and 5:30 p.m O Ordinance introduced by Assistant Public Works Director Goetzman amending City Code Chapter 122, Zoning, Article X, Special Area Management Plan (SAMP II). 3 Regular Council Meeting January 19, 2010

4 11.5 O Ordinance introduced by City Clerk Kalan amending City Code Chapter 2, Administration, Article II, Common Council O Ordinance introduced by City Clerk Kalan amending City Code Chapter 104, Property Maintenance Code, Section 254, Weeds. 12. BUSINESS BY PUBLIC If you would like to speak before the Council, please sign your name on the sign-up sheet prior to the Council meeting. Due to requirements of the Wisconsin Open Meetings laws, only matters placed on this agenda may be approved by the Council at this meeting, however, citizens may address the Council regarding items which require no action. No personal attacks on individuals will be allowed, and all comments by members of the public shall be limited to three (3) minutes in length. Citizens should contact the Mayor, a Councilor, or the City Clerk to have a matter placed on a future Council agenda for consideration. **************************************************************************************************************************** Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please contact the City Clerk s Office at (715) prior to the scheduled meeting. The City will attempt to accommodate any request depending on the amount of notice received. TDD (715) **************************************************************************************************************************** In compliance with Wisconsin Open Meetings Law, this agenda was: Posted: Government Center, Court House, & Public Library, Daily Telegram, Media & mailing list notified: January 14, Regular Council Meeting January 19, 2010

5 PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN DECEMBER 15, 2009 The Regular Meeting of the Common Council was called to order by Mayor Dave Ross at 6:30 p.m. in the Government Center, Board Room PLEDGE OF ALLEGIANCE 2. ROLL CALL Dan Olson, Tom Bridge, Warren Bender, Ed Anderson, Chuck Hendry, Bob Finsland, Mike Herrick, Mick MacKenzie, Esther Dalbec 9 Excused: Greg Mertzig 1 Youth Councilors: John Nowicki, Aaron Emmert Also Present: Mayor Ross, City Attorney Prell, City Clerk Kalan 3. PROCLAMATIONS AND COMMENDATIONS 4. APPROVAL OF MINUTES - December 1, Regular Council meeting MOTION by Councilor Dalbec, seconded by Bender and carried, to approve. 5. PUBLIC HEARINGS 6. CONSENT AGENDA City Clerk Kalan advised of two additions to the Consent Agenda, item #6.13 referral to the Public Works Committee; and 6.14 to receive and file. MOTION by Councilor Finsland, seconded Anderson and carried, to approve the Consent Agenda as amended. 6.1 Wisconsin Department of Revenue Notice of State School Levy Tax Credit and Estimated Major State Aids for 2009 Full Disclosure Property Tax Bills Payable r/f 6.2 Wisconsin Commissioner of Railroads Notice of Investigation and Assessment of costs for the Winter Street crossing. r/f 6.3 All checks register for the month of November, r/f 6.4 Duluth-Superior Metropolitan Interstate Council, October 21, 2009 meeting summary. r/f 6.5 Duluth Transit Authority Board of Directors, September 30, 2009 meeting minutes. r/f 6.6 Library Board, November 18, 2009 meeting minutes. r/f 6.7 Claim #09-31, Brandon Bacheldor. Refer to Claims Cmt 6.8 Claim #09-32, David Wicklund. Refer to Claims Cmt 6.9 Councilor Finsland is requesting signage to prevent blocking the public sidewalk on John Avenue across from Concordia Lutheran Church. Refer to PW Cmt 6.10 Approve miscellaneous licenses. City Clerk Kalan 1 Regular Council Meeting December 15, 2009

6 6.11 Approve Original Class A Beer license application by Walgreens #03064, 2015 Tower Avenue; Kyle Carlson, Agent; for the license period December 16, 2009 through June 30, City Clerk Kalan 6.12 Approve list of Election Officials for Election Cycle. City Clerk Kalan 6.13 Councilor Anderson requesting a Stop sign at the intersection of 1 st Avenue East and East 7 th Streets. Refer to Public Works Cmt 6.14 Metropolitan Interstate Council (MIC) resolution the Policy Board approved supporting Northern Lights Express Rail Project. r/f 7. BUSINESS BY DEPARTMENT HEADS 7.1 Two year extension to the agreement between the City of Superior and Peter Luke, PEGA Coordinator, reflecting 2.5% increases annually, effective January 1, 2010 through December 30, City Clerk Kalan MOTION by Councilor Anderson, seconded by Dalbec and carried, to approve. 7.2 Award the Gavilon Grain Dock Wall Rehabilitation project to the lowest qualified bidder, RJS Construction for $2,698,500. Planner Serck MOTION by Councilor Olson, seconded by Dalbec and carried, to approve. 7.3 Three year Towing contract with Stadium Towing beginning January 1, Police Chief Peters MOTION by Councilor Anderson, seconded by Bridge and carried, to approve. 7.4 Lake Superior Drug & Gang Task Force Mutual Aid agreement amendment to include Lake County Minnesota. Police Chief Peters MOTION by Councilor Anderson, seconded by Dalbec and carried, to approve. 8. BUSINESS BY THE MAYOR 8.1 Mayor Ross appointing Michael Hood to the Liability Claims Committee, term ending December 2012; Michael Colclough to the Business Improvement District Board of Directors for a term ending December 2012; and Jon Winter to the Public Education and Government Access (PEGA) Committee. MOTION by Councilor Finsland, seconded by Anderson and carried, to approve. 8.2 Mayor Ross appointing Brad Keseluk, Gold Cross Employee, to the Ambulance Task Force. MOTION by Councilor Anderson, seconded by Olson and carried, to approve. 9. BUSINESS BY COUNCILORS 2 Regular Council Meeting December 15, 2009

7 10. RESOLUTIONS 10.1 R Resolution introduced by Councilors Olson, Bridge, Bender, Anderson, Hendry, Finsland, Herrick, MacKenzie, and Dalbec requesting Minnesota and Wisconsin State Governments reinstate income tax reciprocity between the two States. Councilor Anderson requested the resolution be amended to include all Councilors present, support the resolution. MOTION by Councilor Bender, seconded by MacKenzie and carried, to adopt the resolution as amended R Resolution authorizing the Issuance and Sale of up to $3,398,121 Storm Water System Revenue Bonds, Series 2010 and Providing for Other Details and Covenants with Respect Thereto. MOTION by Councilor Anderson, seconded by Dalbec and carried, to adopt the resolution R Resolution of the Common Council approving the Form of Notice to Lease Real Property, Superior Amateur Hockey Association, Inc. (SAHA). MOTION by Councilor Anderson, seconded by Bender and carried, to adopt the resolution. 11. ORDINANCES 12. BUSINESS BY PUBLIC MOTION by Councilor Bender, seconded by Bridge and carried, to adjourn meeting at 6:42 p.m. Respectfully submitted, Terri Kalan, City Clerk Superior, Wisconsin Approved this day of, Attest: Mayor Ross City Clerk 3 Regular Council Meeting December 15, 2009

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10 Meeting Minutes City of Superior Ambulance Task Force Tuesday, December 22, :00 p.m. Room 204 Conference Room Ambulance Task Force Members Present: Warren Bender, Councilor; Steve Panger, Fire Department; Kay Johnson, Douglas County Board; Jack Sweeney, Douglas County Board; Jean Vito, City of Superior Finance Director, Dr. Robert Sellers, Medical; Brad Keseluk, Gold Cross Employee Others Present: Greg Mertzig, Camron Vollbrecht, Tom Lesage, Lee Kennedy, Brian Litza, Matt Will, Neal Dwyer, Dan Olson, Shelley Nelson, Frog Prell, Chris Bronson, Jim Rigstad, Arthur Gil de Lamadrid, Jeremiah Glonek, Les Luder, Dan Diamon 1. Organization of committee a) Introduction of committee members b) Selection of committee chair and recording secretary MOTION by Vito, seconded by Keseluk and passed to elect Councilor Warren Bender as chair of the ad-hoc committee. MOTION by Sellers, seconded by Keseluk and passed to elect Jean Vito as Secretary of the ad-hoc committee. 2. Discussion of task force charge and duties MOTION by Vito, seconded by Panger and passed to have the ad-hoc committee make a recommendation to the city council if the committee comes to a unanimous agreement on whether or not the Superior Fire Department should be providing ambulance service instead of Gold Cross and to have the ad-hoc committee bring forward a listing of pros and cons to the city council if the committee does not have a unanimous agreement on whether or not the Superior Fire Department should be providing ambulance service instead of Gold Cross. 3. Information what is needed and where to obtain 4. Schedule of future meetings Meetings have been scheduled for future dates as follows: January 4, January 18, Feburary 1, February 15, March 1, March 15, and March 22, 2010 All meetings will take place in Room 201 (Government Center chambers) and are scheduled from 4:00 p.m. to 5:30 p.m.

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17 SUPERIOR PUBLIC LIBRARY December 9, 2009 The Superior Public Library Board of Trustees convened a regular meeting on Wednesday, December 9, 2009 at 4:00 in the Board Room of the library at 1530 Tower Ave., Superior, Wis., as was advertised in the Superior, Wis., Superior Telegram. Board Members Present: Tuula Harris, Michelle Johnson, Vivian Markley, Mick MacKenzie, Suzanne Prochazka, Jean Till, Tom Wondolkowski Board Members Absent: Patrick Dorin, Kay Johnson, Mary Jo Mersnick Also Present: Janet Jennings Prior to the start of the official meeting the UWS marketing students made their presentation on the market research done to date. I II III IV V VI VII VIII IX Michelle called the meeting to order at 4:30 p.m. Tuula moved, Jean seconded approval of November 18, 2009 minutes. Passed Janet presented the Library Director s Report: A new custodian has been hired. Thomas Esse started work on Monday, December 7. COMMITTEES: none COMMUNICATIONS: none Motion made and seconded to approve the December bills. Passed OLD BUSINESS: Janet will contact Jean Vito to arrange for the transfer of the donations to an investment account. NEW BUSINESS: A. Tom moved and Jean seconded the approval of Vivian Markley to serve on the NWLS board as a representative of the Superior Public Library. Passed B. It was recommended that a thank you note be sent to the professor and university students who worked on the market research project. C. It was recommended that a brief orientation to the library be done at each meeting not just the new members since many members did not get a thorough orientation. D. New member handbooks were distributed. Future handbooks for new members will also be updated by Janette. Meeting adjourned at 5:00 p.m. Submitted by Tuula Harris Transcribed by Mary Jo Mersnick

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19 PARKS AND RECREATION COMMISSION Thursday, January 7, 2010 Board Conference Room 204, Government Center Members Present: Tom Bridge, Andrea Hammann, Chuck Hendry, Gerry Olson, Betty Renko, Gene Rosburg, and Tom Wondolkowski Also Present: Ed Anderson, Jane Howard, and Mary Morgan Chair Chuck Hendry called the meeting to order at 5:05 p.m. MOTION by Chuck Hendry, seconded by Tom Bridge, and carried to move the election of chair and vice chair to the end of the meeting since all members were not present. Approval of Approval of October 1, 2009, minutes MOTION by Betty Renko, seconded by Tom Bridge, and carried to approve the Parks and Recreation Commission minutes of October 1, Request from Councilor Anderson to install additional lighting along the northeast pathway in Central Park. Councilor Ed Anderson showed the area on a map of Central Park. The pavilion at that end of the park has lights, but they are often broken, and the path through that part of the park is very dark. Ed would like to embark on a citywide plan to install LED lighting, and since the Master Park Plan will be updated, he would like to start in that area by adding this to the plan. Mary said that during the last park improvement, only one corridor through the park was lighted due to cost, and this could certainly be added to the new plan. The cost to establish these lights could be $30,000 or more, and would be added to the Capital Improvement Program for consideration. MOTION by Chuck Hendry, seconded by Tom Bridge, and carried to add the installation of additional lighting (LED) along the northeast pathway in Central Park to the new Master Park Plan. 2. Park planning services. The majority of recommended improvements in the 2001 Master Park Plan Update have been completed. The Department of Natural Resources (DNR) notified the City that a grant would be available for the Arrowhead Pier, but the current plan would have to be updated as a condition to receive the grant, and that the Wisconsin Department of Natural Resources guidelines (Guidelines for the Development of Local Comprehensive Outdoor Recreation Plans) would have to be used. There are some funds budgeted in the CIP for park planning services. Last month, proposals were requested for three items: (1) Master Park Plan Update (using the DNR guidelines), (2) conceptual design plan for Billings Park proper (scheduled for capital improvements in 2011), and (3) update of the 1995 Municipal Forest Master Plan. Nine consultants submitted proposals. Chuck Hendry, Mary Morgan, and our Contract Analyst, Nancy Brown, met to review and rank the proposals, looking for a consultant with experience in planning whole park systems and who is familiar with the DNR guidelines. The Rettler Corporation out of Stevens Point was the best choice, as they met the qualifications and had the lowest quote for a proposal. At the January 19 council meeting, Mary will be requesting that the City enter into a consulting agreement with this firm. Chuck Hendry said it is important to get the grant money, and the guidelines seem reasonable. With Rettler's prior experience, he feels they know what they are talking about.

20 Parks & Recreation Commission Page 2 January 7, 2010, Meeting Typically the Parks and Recreation Commission is the lead committee when undergoing a planning process. The process calls for five meetings with various stakeholder groups (e.g., senior citizens, master gardeners, baseball, football, youth, family), three meetings with the commission, one meeting with Parks and Recreation maintenance staff, one City Council meeting to present the plan, and ongoing contact with Mary Morgan. In the case of Billings Park and the forest, there would be three additional stakeholder meetings each. The point is to try very hard to generate good attendance to get good public feedback on the next steps for our park system. Mary requested that members be available to lead the effort and attend these meetings. The biggest challenge will be getting people to tell us what they would like in the system. Some ideas on how to accomplish this: 1. Hold an all-day meeting, or charrette (an intense period of design activity) 2. Get input from Bayside Sounds attendees or gather information at the Dragon Boat Festival 3. Immersion visit (visit various groups in a three-day period to discuss the parks) 4. Public meetings or focus groups with stakeholders 5. Online surveys (paper surveys are not well thought of by the references) The DNR requires that the plan be completed in Information would need to be gathered in February through May (meetings would not be held in the summer, due to low attendance), a plan would be prepared in the summer (or until September or October), and then it would be presented to council toward the end of the year. Information for the plan can be gathered using the survey conducted last fall by the Wisconsin Community for Youth through Douglas County of what is desired by the youth in the area, the recent Superior/Douglas Country survey about Wisconsin Point, focus groups, a charrette, or a larger meeting. Members were asked to think about ways more ideas for obtaining information from the community. Election of Chair and Vice Chair. MOTION by Gene Rosburg, seconded by Chuck Hendry, and carried nominating Andrea Hammann as Chair. MOTION by Gerry Olson, seconded by Betty Renko, and carried nominating Tom Wondolkowski as Vice Chair. Other Matters 1. The recent summary of Wisconsin Point survey responses was handed out. This poll was taken by the Superior Douglas Country Leadership Group and the Superior Telegram, who also ran a story that was picked up by The Star Tribune. The condition of the road and the trash/litter problem received the most responses. The summary shows there are varied remarks, with a wide range of opinion on what should be done with the point. This data, along with recommendations, may be brought before the council, who will have options on what they can, and will, do. Members asked about the condition of the road and plans for repair. Mary reported that it would be a big expense to repair the road, as $50,000 was spent in spot repairs a couple years ago. The City does not Parks & Recreation Commission

21 Page 3 January 7, 2010, Meeting receive state aid for this road, and it is not considered a high-use road except for summer. The City has been characterized as taking very poor care of the point, but it is resource driven. Tom Bridge reported that the Wisconsin Point topic (to look for state help to preserve and protect Wisconsin Point) will be presented at Superior Days in February, which he will be attending and meeting with the Department of Tourism and the DNR. He has also spoken to Nick Milroy several times, who has had discussions with DNR officials in Madison and Bob Jauch. Protection of all the public land on the point (1,400 acres, four miles of Lake Superior shoreline, and a little more than that of Allouez Bay shoreline) would include the county, the university, the City, and the tribe. Tom reported that The Development Association is behind this as well, to use the point as an economic development tool to lure businesses and people to the area based on recreational opportunities. Before going to Madison, Tom will be presenting a resolution to the council in support of the Superior Days effort to preserve and protect Wisconsin Point. Mary reported on a Great Lakes Restoration Initiative fund for environmental projects on the Great Lakes. The City is planning to apply for money for a Wisconsin Point project stabilizing the Allouez Bay shoreline (particularly at the base of the point), the possibility of providing boardwalk to protect the sensitive dune community, and funding to improve the road. Mary will be seeking proposals from a youth group, the Superior Vocational Center, and the Challenge Center for extra cleanups at Wisconsin Point to deal with the trash this summer. 2. The hockey helmet policy is going well. There has not been a flood of calls with complaints or concerns. Signs were placed at rinks to advertise the sale of helmets at Play It Again Sports. MOTION by Tom Wondolkowski, seconded by Andrea Hammann, and carried, meeting adjourned at 6:07 p.m. The Parks and Recreation Commission meetings will vary due to the park plan update process. Members will be notified by agenda of the next meeting date. Minutes submitted to the Council Meeting of January 19, P&R Committee\Minutes\2010\01-07

22 MINUTES POLICE AND FIRE COMMISSION Superior, Wisconsin The regular meeting of the Board of the Police and Fire Commission for the City of Superior was called to order Wednesday, September 9, 2009 at 6:30 PM in Room 204A, of the Government Center, Superior, Wisconsin. ROLL CALL Police and Fire Commissioners present: Sandra Wright, Robert Nordness, Charlie Glazman, Dennis Dalbec, and Tom Fennessey Also present: Council Representative Mike Herrick, Police Chief Floyd Peters, Fire Chief Jim Rigstad and Human Resources Administrator Cammi Koneczny, City Attorney Frog Prell, Attorney Dan Hannula, Superior Daily Telegram reporter Maria Lockwood, and citizen Robert Wuorinen, Jr. There being a quorum present, the meeting was in order. RECOGNITION OF NOTICE TO THE PUBLIC The recording secretary mailed and/or delivered agendas and agenda packets to persons or organizations listed, and the meeting was legally noticed in accordance with Wisconsin State Statutes open meeting law. APPROVAL OF MINUTES MOTION by Commissioner Dalbec, seconded by Commissioner Nordness to approve the minutes of the August 12, 2009 meeting. Motion passes. COMMUNICATIONS RECEIVED August 25, 2009 letter from Robert Wuorinen to the Police and Fire Commission; August 26, 2009 letter from Police Chief Peters regarding completion of probation of Sgt. John Kiel. None. OLD BUSINESS

23 NEW BUSINESS Robert Wuorinen spoke to the Commission regarding his complaint about the handling of an incident he was involved in. Attorney Hannula advised Mr. Wuorinen what the roll of the Police and Fire Commission is and explained the scope of their authority. MOTION by Commissioner Dalbec, seconded by Commissioner Fennessey to receive and file Mr. Wuorinen s letter. Police Chief Peters updated the Commission on Sgt. John Kiel s completion of probation. MOTION by Commissioner Dalbec, seconded by Commissioner Glazman to go approve the completion of Sgt. Kiel s probation. Human Resources Administrator Koneczny spoke to the Commission about the police and fire department hiring lists. Police Chief Peters also spoke to the Commission about the police department hiring list. MOTION by Commissioner Nordness, seconded by Commissioner Dalbec to extend the current police department hiring list. Fire Chief Rigstad spoke to the Commission regarding the fire department hiring list. MOTION by Commissioner Dalbec, seconded by Commissioner Fennessey to extend the firefighter hiring list. None. BILLS AND CLAIMS MOTION by Commissioner Dalbec, seconded by Commissioner Fennessey to adjourn meeting at 7:08 p.m. Submitted by Heather Constant

24 Superior Tourism Development Fund Minutes Monday December 7 th, 4 P.M Superior City Hall Mayor s Conference Room ~ Room 300 1) The meeting was called to order at 4:00 pm 2) Members present ~ Andy Lisak (Phone), Councilor Bender, Councilor Hendry, Lynda Hofman, and Dave Minor. Excused Dan O Neill 3) Approval of minutes from May 26 th meeting, Motion by Andy L, 2 nd Lynda H, approved by unanimous vote. 4) Financial Report ~ Motion to approve & accept by Councilor Bender, 2 nd by Councilor Hendry, approved by unanimous vote. 5) Requests for funding Monaco Air Foundation, Inc. ~ Presentation by Don Monaco The Foundation is attempting to raise $200,000 from the public/private sectors as a guarantee for the New United flights out of Duluth. They have already raised $172,500 towards their goal. The money will be used to marketing and promotion for the new flights between Chicago 7 Duluth. Motion by Councilor Bender, 2 nd by Hofman, approved by unanimous vote. SAHA Pond Hockey ~ Presentation by Mike McCoshen SAHA was looking for funding for the 5 th Annual Pond Hockey Tournament help on Barkers Island in January. Motion by Councilor Hendry, 2 nd by Hofman approved by unanimous vote.

25 Page 2 January 13, 2010 WSA Racing & TV Show ~ Presentation by Wally Scheer WSA (Snowmobile racing) was making two requests, one for a race to be held on February and a second race to be held at Mont du Lac ski area on March The two requests were voted on separately. First race for February ~ Motion by Councilor Hendry, 2 nd by Councilor Bender approved by unanimous vote. Second race for March ~ Motion by Councilor Bender 2 nd by Hofman with the stipulation that all advertising and promotion direct participants and guests planning on attending to Superior hotels. Yes votes Councilor Bender, Hofman, Lisak & Minor, No vote Councilor Hendry. SDCCVB Extreme Makeover Website Advertising ~ Request By Jan O Brien ~ The SDCCVB made a request for $3,500 to advertise on the ABC Website for the Extreme Makeover TV Show. The SDCCVB Logo will be on the ABC Website for 9 months with a link to their website. Motion By Andy L and 2 nd by Councilor Bender. Due to the time constraint this request was handled by by the group, approved by a 4-0 vote Councilor Hendry could not be contacted and Mr. Minor Abstained. 6) The committee s next meeting will be March/April ) Meeting Adjourned at 5:45 P.M.

26 December 2009 Financials Requests Approved Declined Paid Amount Requested Balance Interest Dec 08 - April 09 $ $91, Order Checks $5.00 $91, Interest May & June 09 $63.59 $92, Douglas County Farmers Market Yes Yes $ $91, Interest July plus Rooms Tax Payment $7, $99, UWS ~ Athletic Department Yes Yes $4, $94, Citizens Fourth of July Yes Yes $5, $89, Grandmas Marathon Yes Yes $2, $87, Superior Public Museums Yes Yes $20, $67, Douglas County CVB Yes Yes $23, $43, Richard I Bong Veterans Historical Center Yes Yes $10, $33, Rooms Tax Payment 28, $62, Burrito Union 10 Hour Tri Yes Yes $5, $57, Wisconsin Association of Housing Authorities Yes Yes $2, $54, Lucius Woods Performing Arts Center Yes (Waiting for Financials) $5,000.00

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52 January 10, 2010 City Council of Superior Michael Callaway Big Fireworks Outlet P.O. Box 203 Readstown, WI Council Men; June 31, 2009, The State of WI changed Statute that regulates the sale of fireworks (2)(bg) now allows for the sale of previously permit only fireworks, to out of state residence without a permit. Wis. Statute (2)(New June 31st, 2009) (2) SALE. No person may sell or possess with intent to sell fireworks, unless any of the following apply: (a) The person sells the fireworks, or possesses the fireworks with intent to sell them, to a person holding a permit under sub. (3)(c). (b) The person sells the fireworks, or possesses the fireworks with intent to sell them, to a city, village or town. (bg) The person sells the fireworks, or possesses the fireworks with intent to sell them, to a person who is not a resident of this state. (c) The person sells the fireworks, or possesses the fireworks with intent to sell them, for a purpose specified under sub. (3) (b) With this change in mind I would like to open a fireworks store at 49 East 2 nd Street, otherwise known as H&H Marine. I have four fireworks stores in Wisconsin at present and have over 20 years of experience selling fireworks. I would sell regulated fireworks to out of state residences only and non regulated to in state and out of state residence. I will purchase the property and remodel, repair, clean up the location, and install a sprinkler system. These repairs will cost approximately an additional $100, I would request the City of Superior make two changes to ordinance Section adopts WI Statute (2) by reference. Recognize the new wording of (2) to allow for the sale of regulated fireworks to out of state residence without a use permit. 2. Section (b) restricts the sale of all fireworks to a permanent merchant that sells another product for at least 6 month a year. Due to the fact that the change to the state statute was only 6 months ago and the time it takes to find a suitable location, make changes to the location, and update local ordinances. I cannot comply with this restriction for this July 4 th season. We ask for one of the following options. a. Option 1: Grant me a variance from this restriction for I will implement a second line of goods after July 4 th If I am not in compliance by July 2011, I would not be able to sell fireworks in b. Option 2: Leave this restriction in place for businesses selling non regulated fireworks only. (Nonregulated described in (1)). Make a new set of guide lines for the sale of regulated fireworks. These could include a seller s permit with a fee, permanent structures only, sprinkler system, and so on. c. Option 3: Remove the restriction all together. I look forward to working with you and being part of your community. Michael Callaway

53 Date Submitted: January 13, 2010 Council Agenda Date: January 19, 2010 COUNCILOR=S BUSINESS Presented by Councilor: Bender District: 3 rd I am requesting review of signage and speed limit along N. 28 th Street between Hammond Avenue and E. 2 nd Street. Recommend referral to: January Public Works Committee Please Notify Sandy Archambeau, 2818 Weeks Ave.; of meeting time and place. W:\Our Clerk Files\Councilor Business\Bender sign reqst 1-10.doc

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55 Public Works- SAMP Phone: (715) Fax: (715) Website: Charlene Johnson SAMP II Technical Coordinator 1316 N. 14 th Street Superior, WI December 29, 2009 TO: Superior Common Council: For Referral to the Public Works Committee by the Superior Common Council FROM: Charlene Johnson, SAMP II Technical Coordinator RE: Request from Fred Paine for purchase of 0.43 Compensatory Wetland Mitigation Credits from the City of Superior Compensatory Wetland Mitigation Bank. Mr. Fred Paine is requesting the City of Superior sell to him 0.43 Compensatory Wetland Mitigation Credits from the City of Superior Compensatory Wetland Mitigation Bank for satisfaction of his Federal Section 404 (Clean Water Act) Wetland Fill Permit No JRB to compensate for permitted unavoidable wetland impacts to 0.43 acres of shrub carr (S3Kr) and aspen forested (T3Kr) wetlands within the City of Superior for construction of an 18 lot residential development and associated utility infrastructure. Mr. Paine informally made a request to the City in 2006, at which time the request was denied because the City s Mitigation Bank program was not yet established and there were no credits to sell to him. At this time, there are credits in the City s Mitigation Bank, for which prioritized use is allowed for 1) SAMP Permitted wetland impacts; 2) City of Superior Public Works projects; 3) Non-SAMP permitted wetland impacts within the city limits; 4) Douglas County public/institutional projects within Douglas County; and 5) nonpublic projects within Douglas County. Granting Mr. Paine s request will leave the mitigation bank balance at credits until a new bank site is established (Miller-Wagner Compensatory Wetland Mitigation Site anticipated Compensation Site Plan submittal/review/approval anticipated June 2010; est. generation at time of approval ~3.0 credits), a new site is constructed after approval (anticipated October 2010; est. credit generation in addition to previous ~3.0 credits), or the next release of credits is granted from the City s Lyman Lake Road-Bear Creek Compensatory Wetland Mitigation Site (est. August 2011, after site monitoring/submittal/approval, 7.99 credits). At this time, all currently processing SAMP permits and Public Works projects have been reserved credits and are already reflected in the credit bank balance and one project pending (a residential development with an anticipated need of credits, current status- application incomplete). Based on the significance of Mr. Paine s development to the City of Superior, and the current availability of mitigation credits of I recommend that this request be granted. Mayor

56 Date Submitted: January 7, 2010 Council Agenda Date: January 19, 2010 COUNCILOR=S BUSINESS Presented by Councilor: Olson District: 1 st I am requesting the City participate in the National Worker s Memorial Holiday honoring worker s killed in the line of duty and fallen soldiers by planting a tree. Recommend referral to: Jan 21 st Urban Forestry Tree Board Please notify Councilor Olson of the meeting date & time W:\Our Clerk Files\Councilor Business\Councilor Biz form.doc

57 Finance Committee Proceedings City of Superior December 10, 2009 Members Present: Members Excused: Staff Present: Others Present: Warren Bender, Tom Bridge, Ed Anderson and Dan O Neill Dan Olson Jean Vito, Dan Zuchowski, Chris Bronson and Ruth Olson Mike Herrick, Mick MacKenzie, Matt Christy, Guy Peterson, Joye Bedard, Jessica Mohr and Shelley Nelson. Meeting was called to order by Warren Bender at 5:00 pm. 1. Approval of November 12, 2009 Finance Committee Minutes Motion was made by Ed Anderson, seconded by Tom Bridge and carried to approve the November 12, 2009 minutes. 2. Boathouse Restaurant Lease Reduction Motion was made by Tom Bridge, seconded by Warren Bender and carried to approve the Boathouse Restaurant Lease Reduction request in the amount of $5, for the 2010 land lease year. 3. Build America Bonds Presentation Mr. Matt Christy of Edward Jones was present and gave a brief presentation regarding the Build American Bonds. Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file this information. 4. Sewage Credit Requests There were (2) two sewage credit requests brought forth for consideration this month. The first request is from Guy Peterson, operator of the Charter Fishing Docks on Barker s Island. Motion was made by Warren Bender, seconded by Ed Anderson and carried to approve the sewage credit for Mr. Guy Peterson in the amount of $2, and to exempt this water meter from sewage charges in the future, due to no sewage connection in this area. The second sewage credit request came from Ms. Jessica Mohr, due to sewage being overestimated by SWL&P since January Motion was made by Ed Anderson, seconded by Tom Bridge and carried to approve the sewage credit in the amount of $1, to Ms. Jessica Mohr. 5. Environmental Services Rate Study

58 Finance Director Vito gave a verbal update to the Finance Committee regarding the need for a rate study to be conducted to properly adjust the wastewater fees. Motion was made by Tom Bridge, seconded by Ed Anderson and carried to approve the $8,000 needed to conduct a rate study for wastewater services. 6. Increase in Administrative Fees for Code Compliance Motion was made by Tom Bridge, seconded by Ed Anderson and carried to increase the Administrative Fees for Code Compliance in the amount of $ per incident. 7. Internal Auditor Activity Summary Internal Auditor Chris Bronson provided the Finance Committee with an update of his activities for the month of November. Motion was made by Tom Bridge, seconded by Ed Anderson and carried to receive and file the November Internal Auditor report. 8. Animal Shelter Building Review Finance Director Vito and Councilor Mick MacKenzie provided a brief update to the Committee regarding the status of the new animal shelter. Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file the Animal Shelter information. 9. All Checks Register November 2009 Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file the All Checks Register for November November 2009 Financial Statements Motion was made by Tom Bridge, seconded by Ed Anderson and carried to receive and file the November 2009 Financial Statements. 11. General Financial Overview and Other Financial Issues Having no other business a motion to adjourn at 6:15 pm was made by Ed Anderson, seconded by Tom Bridge and carried. Respectfully Submitted by Ruth Olson Staff Assistant to Finance

59 PROCEEDINGS OF THE PLAN COMMISSION CITY OF SUPERIOR WEDNESDAY, DECEMBER 16, 2009 The Plan Commission Meeting for the City of Superior was called to order by Jason Serck at 3:02 p.m. in the Government Center Board Room 201. ROLL CALL Members present: Chuck Hendry, Tom Bridge, John DeVinck, Jeff Vito, Ed Anderson, Greg Date, Jim Peterson Members excused: Mayor Ross, Barbara Doherty Staff present: Jason Serck, Krista Anderson Others present: There being a quorum present, the meeting was in order. APPROVAL OF MINUTES MOTION by Commissioner Hendry, seconded by Peterson, and carried to approve the minutes of October 21, NEW BUSINESS 1. Request from Dave and Dawn Evans, P. O. Box 1406, Superior, Wisconsin, to vacate East Third Street between Hill Avenue and D Street and to vacate D Street between East Fourth and East Third Streets. (VAC 09-06) Planning Director Serck explained the request is being made in order for Mr. Evans to expand his business on the property. Mr. Evans intends to build an office building and use the remaining property for parking. An easement for the water and sewer will be maintained. MOTION by Commissioner Bridge, seconded by Peterson, and carried to approve the request from Dave and Dawn Evans, P. O. Box 1406, Superior, Wisconsin, to vacate East Third Street between Hill Avenue and D Street and to vacate D Street between East Fourth and East Third Streets. (VAC 09-06) OTHER BUSINESS ADJOURNMENT MOTION by Commissioner Anderson, seconded by Peterson, and carried, to adjourn the meeting. The meeting adjourned at 3:05 p.m. Respectfully Submitted by: Krista Y. Anderson Planning Technician

60 PUBLIC WORKS COMMITTEE PROCEEDINGS Wednesday, December 16, 2009 Government Center Board Room 201 Members Present: Ed Anderson, Esther Dalbec (Alt.), Bob Finsland, and Jeff Goetzman Excused: Mick MacKenzie Also Present: Councilor Mike Herrick, Sgt. Mark McGillis, Councilor Dan Olson, and Dan Watland Chair Ed Anderson called the meeting to order at 4:00 p.m. Approval of November 18, 2009, minutes. MOTION by Esther Dalbec, seconded by Bob Finsland, and carried to approve the Public Works Committee minutes of November 18, Held in committee from : Councilor Anderson: Discussion on Traffic Calming Policy/Complete the Streets program. Jeff Goetzman handed out a revised index for the Policies for Public Works Improvement, Maintenance, and Safety Projects and a copy of the Winter Road Maintenance Policy, which is one of the City's current policies that will be added so everything is available in one document. MOTION by Bob Finsland, seconded by Esther Dalbec, and carried to hold in committee. 2. Held in committee from : Concerns regarding train horns. Jeff Goetzman and Shannon Grayson, Public Works, met with Tammy Wagner, Federal Railroad Administration (FRA), and Anna Davey, Wisconsin Department of Transportation (WisDOT), to check on the status of crossings and quiet zones within the City. There are a few older crossings that are in the process of being closed so funds can be received from the DOT and the railroad. According to WisDOT, there is about $350,000 remaining from 2002 funds that can be used for improvement, and they will give us a list of eligible crossings for which those dollars can be used on (there are approximately 11 crossings). Both the FRA and DOT will be providing us with information on what is "on the books" for our quiet zones, along with recommendations on how things can be made quieter. In 2013, it will be the end of the pre-rule quiet zones, so it is important to identify what the City can (and wants to do) with the current quiet zones and focus on the financial resources to make whatever closures are necessary to keep some areas of town quiet beyond MOTION by Bob Finsland, seconded by Esther Dalbec, and carried to hold in committee. 3. Held in committee from : Request from Councilors Bridge and Mertzig to consider closing railroad crossings on 25th Avenue East and East 4th, 6th, and 7th Streets. This item is related to item 2, so it will be held in committee. MOTION by Esther Dalbec, seconded by Bob Finsland, and carried to hold in committee. 4. Request from Councilor Herrick for placement of a pedestrian stanchion at North 17th Street and Maryland Avenue (Cooper School). Councilor Herrick showed a map of the area. Tom Milinkovich, 1702 Maryland, said that people speed through the area on the way to Cooper School. He said that North 17th does not have a sidewalk leading to the school, so children walk in the street. Tom has volunteered

61 Public Works Committee Proceedings Page 2 December 16, 2009, Meeting to take care of the daily placement/removal of a stanchion placed across 17th Street (at Maryland), if approved. This would alert motorists that the pedestrians are in the area. Members expressed concern that this would only be a temporary fix, and asked about Safe Routes to School money available for a sidewalk in the area. Jeff Goetzman said this area could be looked at for next year's sidewalk program. MOTION by Esther Dalbec, seconded by Bob Finsland, and carried to place a stanchion temporarily and to look at placement of a sidewalk in the area. 5. Request from Councilor Olson for a Traffic Signal Warrant Study for North 58th Street and Tower Avenue. Councilor Olson and Jeff Goetzman met with the DOT to get the warrants needed to make a signal happen. The safety aspect is important, as the area has a park, church, daycare, restaurants, bar, etc., creating a lot of pedestrian traffic. SEH and Ayres Associates have supplied estimates to do a study of the eight warrants for traffic/pedestrian movements (e.g., traffic movements, pedestrian movements, traffic volume, etc.) to decide whether a signal can be placed. The counts will be done for one full day in May 2010, and a report will be written, matching movements to the warrants, and a summary provided to the DOT and the City. MOTION by Bob Finsland, seconded by Esther Dalbec, and carried to approve the Traffic Signal Warrant Study for North 58th Street and Tower Avenue. 6. Request from Councilor Anderson (on behalf of UWS) for a review of Faxon Street parking issues. Councilor Anderson reported that UWS didn't see a need for the 20-minute parking signs on Faxon (between Catlin and Fisher), and suggested they be removed. MOTION by Esther Dalbec, seconded by Bob Finsland, and carried to remove the 20-minute parking at Faxon near UWS (between Catlin and Fisher). 7. Public Works Assistant Director's Report. The airport terminal is almost done; work should be complete by February 1. Jeff reported on a project planned for next year to rebuild Banks Avenue from Belknap to Winter Streets. The work will be redone in two phases (2010/2011), adding storm sewer, new pavement, curb and gutter, and sidewalks. The project is being surveyed, designed, and constructed using Public Works employees from three divisions. Other Matters 1. Dan Watland, 4421 East 3rd Street, spoke regarding traffic speeds on Hwy. 2 through Allouez. He suggested having more traffic lights, resetting the current lights, or issuing more speeding tickets. Ed Anderson reported that the Metropolitan Interstate Committee has begun a study on that area, and these are items that could be considered in the overall design of the road. He also suggested asking the police department for more speed enforcement in that area. MOTION by Esther Dalbec, seconded by Bob Finsland, and carried, and the meeting adjourned at 4:37 p.m. The next Public Works Committee meeting is scheduled for January 20, 2010, 4:00 p.m., in Government Center Board Room 201. Minutes submitted to the Council Meeting of January 19, PublicWorksCommittee\Minutes\2009\12-16

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66 Central Equipment Division Public Works Department 2301 Hill Avenue Superior, WI Web site: Phone: (715) Fax: (715) TTY: (715) January 06, 2010 TO: FROM: RE: Jeff Goetzman, Asst. Public Works Director Len Moen, Fleet Manager 2010 Vehicle/Equipment Disposal I am requesting that we seek Council authorization to sell excess and obsolete fleet vehicles and equipment via a public auction service and/or by public sale as per ordinance guidelines for the year This process and disposal method has worked well for us in previous years. As we have done in the past, a list of removals will be provided to the Mayor and Common Council for their information. If you concur, please forward this request at your earliest convenience. Please feel free to contact me at if you have any questions, or require additional information. LM/cn

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68 Office of the Mayor Phone: (715) Fax: (715) TDD: (715) Mayor Dave Ross 1316 North 14 th Street, #301 Superior, WI Website: January 11, 2010 Council Agenda: January 19, 2010 MEMORANDUM TO: FROM: RE: Members of the Common Council Mayor Dave Ross Committee Appointments Library Board Appoint Denise Kovaleski, Box 262, Lake Nebagamon, WI 54849, for a three (3) year term expiring January, Assessment Board of Review Re-appoint Robert Finstad, th Avenue East, Superior, WI 54880, for another five (5) year term expiring October, (oversight) Thank you. rg

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72 Date: December 17, 2009 City Council Date: January 19, 2010 M E M O R A N D U M TO: FROM: RE: Mayor Ross and Members of the Common Council Jason Serck, AICP Planning and Port Director Dave Evans Request to Vacate Streets NUMBER: VAC INTRODUCTION The City of Superior has received a vacation request from Dave Evans, PO Box 1406, Superior, Wisconsin, to vacate East Third Street between Hill Avenue and D Street and to vacate D Street between East Fourth and East Third Streets. The property is legally described as: West 3 rd Street from the east right-of-way line of Hill Avenue to the southeast right-ofway line of D Street, abutting Lots 1 through 7, Block 48; Lots 12 & 13, Block 18; Lots 7 through 12, Block 19; and the previously-vacated portion of D Street between Lot 12 of Block 19 & Lot 7 of Block 20; all in Roy s Addition to Superior City, Douglas County, Wisconsin. a/k/a parcels # , , That part of Broadway Street as it now exists, between the east right-of-way line of Hill Avenue and the southwesterly right-of-way line of West 3 rd Street, abutting Lot 7, Block 48, Roy s Addition to Superior City, Douglas County, Wisconsin. a/k/a parcel # D Street from the northeast right-of-way line of West 3 rd Street to the northeast right-ofway line of West 4 th Street, abutting Lots 6 & 7, Block 47; and Lots 1 & 12, Block 48; all in Roy s Addition to Superior City, Douglas County, Wisconsin. a/k/a parcels # , BACKGROUND The property is currently zoned C2, Highway-Commercial District. The intent of the request is for parking because Mr. Evans plans to construct an office/repair shop on his property. All applicable city departments and utility companies were notified of this vacation request. The Plan Commission approved this item at its December 16, 2009 meeting. RECOMMENDATION - Please set a public hearing for this vacation request.

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74 RESOLUTION #R RESOLUTION INTRODUCED BY THE PLAN COMMISSION DETERMINING IT TO BE IN THE PUBLIC INTEREST TO VACATE AND DISCONTINUE THE CERTAIN STREETS REFERRED TO IN THE RESOLVING CLAUSE OF THIS RESOLUTION AND PROVIDING FOR A PUBLIC HEARING THEREON. WHEREAS, the following described streets in the City of Superior, Wisconsin are platted and it is deemed necessary and in the public interest to vacate said streets pursuant to Section of the Wisconsin Statutes; and WHEREAS, the City Plan Commission did heretofore approve and recommend said vacation at its meeting of December 16, 2009; NOW, THEREFORE, BE IT RESOLVED that the public interest requires that the following described streets be vacated and discontinued, subject to all utility and/or sewer easements existing thereon, future construction and maintenance rights and access, including access rights incidental to those easements: West 3 rd Street from the east right-of-way line of Hill Avenue to the southeast right-of-way line of D Street, abutting Lots 1 through 7, Block 48; Lots 12 & 13, Block 18; Lots 7 through 12, Block 19; and the previously-vacated portion of D Street between Lot 12 of Block 19 & Lot 7 of Block 20; all in Roy s Addition to Superior City, Douglas County, Wisconsin. a/k/a parcels # , , That part of Broadway Street as it now exists, between the east right-of-way line of Hill Avenue and the southwesterly right-of-way line of West 3 rd Street, abutting Lot 7, Block 48, Roy s Addition to Superior City, Douglas County, Wisconsin. a/k/a parcel # D Street from the northeast right-of-way line of West 3 rd Street to the northeast right-of-way line of West 4 th Street, abutting Lots 6 & 7, Block 47; and Lots 1 & 12, Block 48; all in Roy s Addition to Superior City, Douglas County, Wisconsin. a/k/a parcels # , BE IT FURTHER RESOLVED that a public hearing on this resolution be held by the Common Council of the City of Superior at 6:30 p.m. on the 2 nd day of March, 2010, in the Government Center Board Room 201, and that notice of said hearing be given to all interested persons in the manner provided by law. Passed and adopted this 19 th day of January, Attest: Mayor City Clerk

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81 Council Date: Agenda No. Council Action: January 5, 2010 TO: FROM: RE: Mayor Dave Ross & Superior City Council Chief Floyd Peters MOU with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Dear Mayor Ross and Councilors: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is requesting our participation in a task force to be known as ATF/Northern Minnesota Task Force. The purpose of this task force is to provide funding and equipment to the member agencies of the already established Lake Superior Drug and Gang Task Force (LSD&GTF). The majority of the individual investigators on the LSD&GTF are already federally deputized by the ATF. This proposed new task force will not require the expenditure of any additional funds by our department, and in fact will enable us to seek reimbursement for investigations. It was requested that our Council approve this Memorandum of Understanding (MOU) between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Superior Police Department. If there are any questions, please feel free to contact me. Sincerely, Floyd Peters Police Chief FP/dh Recommended: Mayor Dave Ross c: City Attorney Prell

82 RESOLUTION #R INTRODUCED BY THE CHIEF OF POLICE, ASKING THE SUPERIOR, WISCONSIN CITY COUNCIL, SUPPORT THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) AND THE SUPERIOR POLICE DEPARTMENT WHEREAS, the Superior Police Department has signed a Memorandum of Understanding with the Duluth Police Department, The St. Louis County Sheriff s Office, and The Hermantown Police Department to participate in a joint cooperative law enforcement effort; WHEREAS, the name of this joint cooperative operation is the ATF/Northern Minnesota Task Force, ( ATF/Northern Minnesota Task Force ). The agencies participating in this Task Force shall be referred to as the Participants. WHEREAS, this MOU is established pursuant to the Participants authority to investigate criminal activities involving firearms, illegal drugs and other violent offenses. ATF s statutory authority to investigate is derived from but not limited to 28 U.S.C. Chapter 40 (related to the general functions of ATF), 18 U.S.C. Chapter 44 (related to firearms), and 26 U.S.C. Chapter 53 (related to certain firearms and destructive devices). NOW, THEREFORE, BE IT RESOLVED, that the Superior City Council wishes to express its support for the MOU between the Superior Police Department and the Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the goals and purposes behind this joint effort. BE IT FURTHER RESOLVED, that the Superior City Council hereby expresses its support and encourages the Superior Police Department and the various agencies to participate in this joint cooperative law enforcement effort. Passed and adopted this 19 th day of January, Attest: Mayor City Clerk

83 Draft: January 7, 2010 DEVELOPMENT AGREEMENT BETWEEN CITY OF SUPERIOR AND SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC. DATED AS OF JANUARY, 2010 Drafted by: Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, Minnesota 55802

84 TABLE OF CONTENTS PAGE Section 1. Definitions, Exhibits, Rules of Interpretation Definitions Exhibits Rules of Interpretation Section 2. Representations and Warranties Representations by the City Representations by the Company... 7 Section 3. Preparation for the Remedial Actions The Property State Grant Engineer; Preparation of Construction Plans Conditions Precedent to City s Obligations to Perform the... 9 Section 4. Closing Closing Temporary Construction License... 9 Section 5. Construction of the Remedial Actions Construction Plans Completion of Certificate of Completion Section 6. Project Fund Section 7. Payment Procedure Payment Requests Attachments to Payment Requests Additional Documentation Initial Payment from the Project Fund Each Payment from the Project Fund Books and Records Payment of Other Costs of the City i

85 Section 8. Indemnification Section 9. Events of Default Events of Default Defined Remedies on Default No Remedy Exclusive No Additional Waiver Implied by One Waiver Section 10. Additional Provisions Notices and Demands Counterparts Amendments Assignment City Officials Conflict ii

86 DEVELOPMENT AGREEMENT This Development Agreement (the Agreement ) is made and entered into as of this day of January, 2010, by and between the CITY OF SUPERIOR, a Wisconsin municipal corporation (the City ) and SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC., a Wisconsin non-stock, non-profit corporation (the Company ). RECITALS WHEREAS, the Company owns property located in the City of Superior, Wisconsin described on Exhibit A attached hereto (the Property ) which is located adjacent to property owned by the Company and on which it operates an indoor ice rink; and WHEREAS, the Company desires to construct two outdoor ice rinks together with additional parking on the Property, as more specifically defined hereinafter (the Project ); and WHEREAS, the Company has determined that the portion of the Property on which the Project is to be constructed contains contaminated soils which must be remediated prior to construction of the Project; and WHEREAS, at the request of the Company, the City plans to apply to the Wisconsin Department of Natural Resources (the State or DNR ) for a 2009 Federal Brownfields Recovery Act Funds Wisconsin Ready for Reuse Program Hazardous Substance Grant (the Grant Program ) in an amount not to exceed $200,000 for a portion of the funding for the Remedial Actions, as hereinafter defined; and WHEREAS, the City anticipates receiving approval of a grant from the Grant Program in the maximum amount of $200,000 (the State Grant ) subject to the requirements set forth in the Grant Agreement between the City and the DNR for the Remedial Actions, as the same may be from time to time amended (the Grant Agreement ); and WHEREAS, the Remedial Actions are being undertaken by the City at the request of and for the benefit of the Company; and WHEREAS, the City is willing to serve as a conduit and facilitator for the State Grant and the Remedial Actions; and WHEREAS, as a requirement of the Grant Program, the City must own the Property; and WHEREAS, the Company agrees to convey the Property to the City and the City will lease the Property to the Company for the construction of the Project and continued use during the Remedial Actions undertaken by the City; and WHEREAS, the Company and the City desire to set out their respective duties and responsibilities in carrying out the Remedial Actions, constructing the Project and satisfying the requirements of the Grant Agreement. 3

87 NOW, THEREFORE, in consideration of the promises and mutual obligations of the parties contained herein, each of them does hereby represent, covenant, and agree with the others as follows: Section 1. Definitions, Exhibits, Rules of Interpretation Definitions. In this Development Agreement, the following terms have the following respective meanings unless the context thereof clearly requires otherwise: Agreement means this Development Agreement by and between the City and the Company, as the same may be from time to time amended. Certificate of Completion means the certification, in the form of the Certificate attached as Exhibit E hereto, provided to the Company pursuant to Section 5.04 of this Agreement, upon satisfactory completion of the Project, the Remedial Actions and receipt of the Closure Letter by the City. City means the City of Superior, a Wisconsin municipal corporation. Closing means the consummation of the transaction contemplated by this Agreement, which shall occur on the Closing Date. Closing Date means the date upon which the Company executes the Deed and the parties enter into the Lease, all as provided in Section 4.01 herein, which date shall be January 27, 2010, or such other date which is mutually agreed to by the parties hereto. Closure Letter means the letter issued by the DNR to the City when the Remedial Actions have been completed and all testing levels are satisfactory, which letter may provide certain conditions on the use of the Property. Company means Superior Amateur Hockey Association, Inc., a Wisconsin non-stock, non-profit corporation or its successors or permitted assigns under this Agreement. Company Contributions means (i) the initial amount of $30,425.00, or one-half the amount of the approved bids for the Remediation Costs and the Project which exceeds $200,000.00, whichever is greater, from the Company for deposit with the City into the Project Fund as described in Section 6 hereof; (ii) the second-half payment of the amount of said approved bids; and (iii) such additional deposits from the Company as described in Sections 6 and 7.05 E. Construction Plans means the construction plans and specifications for all work to be performed by the City as part of the Remediation Actions and any work to be performed by the Company in constructing the Project pursuant to this Agreement. 4

88 Deed means the Quit Claim Deed to be executed by the Company, in a form approved by the City, conveying the Property to the City. Engineer means ENV Property Solutions as engineer for the Remedial Actions. Grant Agreement means the form of Grant Agreement between the City and the DNR which will be required if the Grant is awarded to the City. Grant Application means the City s application to the Grant Program to be submitted to the DNR by February 1, Grant Program means the Federal Brownfields Recovery Act Funds Wisconsin Ready for Reuse Program Hazardous Substance Grant Program. Lease means the lease agreement between the City and the Company for the lease of the Property during the period of Remedial Actions and construction of the Project, in the form attached hereto as Exhibit D. Project means the construction of boards, access doors and other improvements to form two outdoor ice rinks. Project Fund means the fund created by the City s Finance Department to account for the funding for and expenditures of the Remediation Costs. Property means Lot One of Certified Survey Map No., dated December 31, 2009, filed for record in the office of the Douglas County Register of Deeds on, 2010, in Volume of Certified Survey Maps, pages, as Document No., located in Part of Lot L, W. Superior 1 st Division and in Part of the Northeast Quarter Southwest Quarter, Section 15, Township 49 North, Range 14 West, Douglas County, Wisconsin, and as illustrated in Exhibit A to this Agreement. Remedial Action Plan means the Chapter NR 722, Wis. Adm. Code, remedial action plan dated August 12, 2009, prepared by the Engineer and to be approved by the DNR in connection with the Remedial Actions and the Project. Remedial Actions means the remedial actions described in the Remedial Action Plan to be included in the Grant Application and to be approved by the DNR and included in the Grant Agreement. Remediation Costs means the costs related to the site investigation, preparation of the Remedial Action Plan, the Remedial Actions, including monitoring after excavation and monitoring after construction of the Project, and all out-of-pocket expenses of the City in connection therewith, including, but not limited to the Engineer s and attorneys fees and expenses. 5

89 Schedule means the schedule for the elements of the Remedial Actions and the Project contemplated by this Agreement, as set forth on Exhibit C hereto. Sources and Uses Budget means the Sources and Uses Budget in the form of Exhibit B hereto, as updated from time to time as required in Section 6 herein. State or DNR means the State of Wisconsin, Department of Natural Resources. State Grant is an amount up to $200,000 in funds from the State under the terms and conditions of the Grant Agreement. State Grant Agreement Requirements means the obligations, conditions and requirements imposed by the State with regard to the Remedial Actions pursuant to the Grant Agreement. Termination Date means the earliest of: (i) the date of the Certificate of Completion; or (ii) the date this Agreement terminates pursuant to Section 9 hereof. Unavoidable Delays means delays, outside the control of the party claiming their occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the improvements being constructed, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local government (other than the City) which directly results in delays Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Certified Survey Map of the Property Sources and Uses Budget Schedule Lease Agreement Form of Certificate of Completion 1.03 Rules of Interpretation. A. This Agreement shall be interpreted in accordance with and governed by the laws of Wisconsin. B. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. C. References herein to a particular section or subdivision hereof are to the section or subdivision of this instrument as originally executed. 6

90 D. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. E. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement, which can be given effect without the conflicting provisions, and to this end the provision of this Agreement, are declared to be severable. Section 2. Representations and Warranties Representations by the City. The City represents and warrants that: A. The City is a public body, corporate and politic, organized under the laws of Wisconsin. B. The City has the power to enter into this Agreement and carry out its obligations hereunder pursuant to the powers granted to it by the Wisconsin Constitution and laws Representations by the Company. A. The Company represents and warrants that the Company is a Wisconsin nonstock, non-profit corporation, qualified to do business in Wisconsin, has power to enter into this Agreement and to perform its obligations hereunder and has duly authorized the execution, delivery and performance of this Agreement by proper corporate action. B. The Company will arrange for completion of the construction plans for the Project, obtain all required permits, licenses and approvals, and meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. C. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in a breach of, the terms, conditions or provisions of any restriction of the Company, or any indebtedness, agreement or instrument of whatever nature to which the Company, is now a party or by which it is bound, or will constitute a default under any of the foregoing. D. Attached as Exhibit B hereto is the Company s best estimate of the Sources and Uses Budget of monies necessary to finance the Remediation Costs and the Project as of the date of this Agreement. E. The Company represents and agrees that the City s obligations hereunder are to cooperate and facilitate the Remedial Actions and to attempt to obtain the State Grant to pay a portion of the Remediation Costs. In the event costs of the Remedial Actions exceed the budget, State Grant funds are not obtained or must be returned, construction of the Remedial Actions are 7

91 defective or in any other way the Remedial Actions do not go as planned, such resulting costs, inconveniences and delays shall be assumed by the Company, and shall not be the responsibility of the City. F. The Company agrees to construct the Project in accordance with the Remedial Action Plan, this Agreement and the Schedule. G. The Company agrees that if the State Grant is not obtained, the Company will accept a quit claim deed from the City conveying the Property back to the Company and that this Agreement shall be null and void, all as further described in Section 4 hereof. H. The Company acknowledges the receipt of the Remedial Action Plan and has reviewed and has had its advisors and consultants review the Remedial Action Plan, and agrees to accept the reconveyance of the Property as is upon termination of this Agreement, so long as no liens or encumbrances are attached to the Property as a result of the City s ownership. The Company acknowledges that the Property may contain restrictions on its use and the Company will accept the Property subject to such restrictions. The Company agrees that the City is not responsible for the condition of the Property. Section 3. Preparation for the Remedial Actions The Property. A. The Company shall provide the City a title report (the Title Report ) on the status of title to the Property, which shall demonstrate that the Company owns the Property. B. The City shall direct the Engineer to obtain the necessary approvals and permits to perform the Remedial Actions based on the Engineer s site investigation and the Remedial Action Plan State Grant. At the request of the Company, the City will apply for the State Grant by February 1, The Company hereby acknowledges that it will participate in and approve the form of the Grant Application and the proposed Sources and Uses Budget. Once the State provides the Grant Agreement, the City and the Company will review the State Grant Requirements together before the City accepts the State Grant and enters the Grant Agreement. So long as the Company agrees that it will assume and it will perform, or cause to be performed, all the State Grant Agreement Requirements imposed upon it or upon the City, including, but not limited to: (i) causing and assuring that its contractors satisfy each and all of the requirements imposed by Wisconsin and federal laws on the Remedial Actions and the Project due to the State Grant; (ii) assist in providing the documentation required by the State for the City to obtain reimbursement of eligible Remediation Costs from the State; (iii) complete the Remedial Actions and construct the Project in compliance with the requirements of the Grant Agreement; and (iv) pay the City the Remediation Costs not covered by the State Grant; the City will enter into the Grant Agreement and accept the State Grant. The Company acknowledges that the Grant Application has not been made and that the State Grant Agreement Requirements are not yet known by either the City or the Company. 8

92 3.03 Engineer; Preparation of Construction Plans. The City has retained the Engineer to perform the site investigation, prepare and process the Remedial Action Plan and the Construction Plans. The Engineer shall, after coordinating such process with the City s Director of Public Works, assist the City in publicly bidding the remediation and construction contracts in accordance with Wisconsin law, and shall satisfy all State Grant Agreement Requirements in connection with the Remedial Actions Conditions Precedent to City s Obligations to Perform the Remedial Actions. The City s obligation to perform the Remedial Actions is subject to satisfaction of the following conditions: A. The Company and the City shall have agreed upon an updated Sources and Uses Budget for the Remediation Costs, on the date the Grant Agreement is executed. B. The Company shall have provided the City with the initial Company Contributions for deposit in the Project Fund, pursuant to Section 6 hereof, on the date the bids for the Remedial Actions and the Project are approved by the City s Common Council. C. The Company shall have executed, on or before the Closing Date, the Deed and the Lease on forms approved by the City. D. The Company shall be in material compliance with all the terms and provisions of this Agreement. E. In addition, the City shall have been awarded the State Grant and entered the Grant Agreement on or before May 1, F. Monies on deposit in the Project Fund from the Company Contributions together with the State Grant shall be sufficient to pay the Remediation Costs based on the updated Sources and Uses Budget. Section 4. Closing 4.01 Closing. At the Closing, the Company shall execute the Deed to the City. The parties shall also execute the Lease. Unless otherwise mutually agreed to by the City and the Company, the Closing shall be at the Government Center in Superior, Wisconsin. The Deed shall be promptly recorded in the office of the Douglas County Register of Deeds. The Lease shall not be recorded unless desired by the City, in the City s sole discretion. The Company shall pay all costs for such recording Temporary Construction License. The Company hereby grants to the City, the Engineer, the City s contractors and the DNR, a license to access the Property from Oakes Avenue over and across Lot Two of Certified Survey Map No., as illustrated in the attached Exhibit A, for the purpose of accessing the Property for site investigation, designing, 9

93 constructing and conducting the Remedial Actions, and monitoring construction of the Project and monitoring groundwater Reconveyance of Property. In the event that the State Grant is not awarded to the City by February 1, 2011, the Company agrees to accept a quit claim deed from the City for the Property. The Lease will be terminated, the Project Fund will be closed, the Company Contributions will be refunded to the Company less the Remediation Costs already incurred, and this Agreement will terminate and be of no further effect. Section 5. Construction of the Remedial Actions Construction Plans. Prior to the award of the contracts for the Remedial Actions by the City s Common Council, but after the Common Council s approval of bids for such contracts, the Company and/or the Engineer shall provide to the City the items set out in Section Subject to satisfying all such conditions, the City agrees that it will enter into the contracts for the Remedial Actions in conformance with the approved Construction Plans and the State Grant Agreement Requirements. The Company agrees that it will perform or enter into contracts for the Project in conformance with the Remedial Action Plan and the State Grant Agreement Requirements Completion of Remedial Actions and Project. The City s contractor shall be responsible for completing the Remedial Actions in accordance with the Schedule set forth on Exhibit C, subject to Unavoidable Delays. The City agrees to cooperate with the Company and the Engineer to assist in keeping the Remedial Actions to the Schedule, but the City shall have no liability to the Company if the Remedial Actions are delayed. All work with respect to the Remedial Actions to be undertaken hereunder shall be in conformity with the approved Construction Plans and the State Grant Agreement Requirements. The Company shall be responsible for completing the construction of the Project in accordance with the Schedule. All work with respect to the construction of the Project shall be in conformity with the approved Construction Plans and the State Grant Agreement Requirements. The City and the Company agree that it will not take any deliberate action to cause delay in the completion of the Remedial Actions. All claims, costs and expenses resulting from disputes with contractors with respect to the Remedial Actions (including, but not limited to, disputes which result in mechanics or materialmen s liens, or the like, being asserted, filed, or recorded against the Property) shall be borne by the City. All claims, costs and expenses resulting from disputes with contractors with respect to the Project (including, but not limited to, disputes which result in mechanics or materialmen s liens, or the like, being asserted, filed, or recorded against the Property, or any other property owned by the Company) shall be borne by the Company. Without limiting the scope of the preceding sentence, the Company shall be responsible for satisfying and obtaining the release of any mechanics or materialmen s liens, or the like, asserted, filed, or recorded against the Property, or any other property of the Company in connection with the Project Certificate of Completion. Upon receipt of the Engineer s certificate of final completion and the Closure Letter evidencing completion of the Remedial Actions and the 10

94 Project in accordance with the provisions of this Agreement, the City will furnish the Company with a Certificate of Completion, in substantially the form set forth in Exhibit E attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations to undertake the Remedial Actions and to construct the Project Conveyance to Company. Upon the issuance of the Certificate of Completion, provided that the Company is not in default of this Agreement, the City shall convey the Property back to the Company by quit claim deed, subject to restrictions contained in the Closure Letter, if applicable, and subject to any liens or encumbrances which are the result of the Company s use of or activity upon the Property. Section 6. Project Fund. The City shall establish and maintain a Project Fund for the purpose of accounting for payment of the Remediation Costs. The City shall deposit into the Project Fund: (i) proceeds of the State Grant; and (ii) the Company Contributions. On the date the City s Common Council approves the bids for the Remedial Actions, the Company shall provide to the City for deposit into the Project Fund an amount equal to $30,425.00, or one-half of the amount of the bids in excess of $200,000.00, whichever is greater. The City shall from time to time update the Sources and Uses Budget based on change orders and revised estimates of the Remediation Costs. As the Sources and Uses Budget for the Remediation Costs changes due to change orders, quantities in excess of estimates under the construction contracts or additional costs incurred by the City from time to time, and if the amount in the Project Fund (including the unpaid balance of the State Grant) is insufficient to complete the Remedial Actions and pay the Remediation Costs, the Company shall fund, on demand from the City, the additional Company Contributions as necessary to keep the budget in balance. Following completion of the Remedial Actions pursuant to the terms of this Agreement, the Company shall pay $30,425.00, or the second half of the amount of the bids in excess of $200,000 and any amount in excess thereof. Section 7. Payment Procedure Payment Requests. The City shall disburse the monies from the Project Fund for the Remediation Costs for the design, planning and construction contracts upon receipt of payment requests from the contractors, in accordance with the construction contracts, as anticipated to be required by the State Grant and as required by the City s purchasing procedures, and which are approved by the Engineer, on a form authorized by the City which sets forth the following: A. The amount of work completed, the retainage and the amount to be disbursed. B. The address to which such monies are to be forwarded. C. A brief description of the purpose of the payment, including sufficient detail to establish whether such cost is eligible to be reimbursed from the State Grant. 11

95 D. A statement as to whether the payment request is a request for final disbursement. A copy of the payment request shall be submitted to the Company Attachments to Payment Requests. Each payment request shall contain the following as attachments, in form and substance satisfactory to the City: A. Bills, receipts, invoices, employee time sheets, payroll register or other documents acceptable to the City and the Engineer evidencing the amount, purposes and prevailing wage compliance for which the disbursement is requested; B. Mechanics and material lien waivers, as required by the City; and C. Certification of each contractor requesting payment to the effect that the amounts requested to be disbursed were properly incurred Additional Documentation. The City shall require the Engineer to submit to the City such additional documentation as the City may reasonably request to evidence the proper expenditure of the monies for the purposes of completion of the Remedial Actions in accordance with the Grant Agreement Initial Payment from the Project Fund. The City shall require the Engineer to furnish or cause to be furnished to the City as part of the initial payment from the Project Fund; other than for costs of the Engineer: A. A sworn construction statement of the Engineer disclosing the total Remediation Costs for all of the Remedial Actions pursuant to the construction contracts, and setting forth the names and addresses of all contractors and subcontractors (which includes material supplies) for each of the construction contracts, a description of the work and materials to be furnished by such contractors, subcontractors and suppliers, the amounts of any construction contracts, and amounts, if any, paid to date thereon, and, if any, the balances due thereon; and B. Each payment and performance bond and insurance certificate required by the construction contracts Each Payment from the Project Fund. Prior to each payment from the Project Fund under a contract, the Engineer shall deliver to the City a payment request complying with Sections 7.01 and 7.02 of this Agreement and: A. A sworn construction statement of the Engineer containing the information called for in Section 7.04 revised as of the date of the payment request and setting forth: (i) The names and addresses of all additional contractors, subcontractors and material suppliers with whom construction contracts have been made and the additional information with respect to such contractors, subcontractors and material suppliers called for in Section 7.04; and 12

96 (ii) The amount due on all construction contracts. B. A certificate by the Engineer to the effect that the work has been completed and materials are in place as indicated in the payment request. C. Statements, partial or final lien waivers, affidavits, supporting waivers, and releases of liens, if necessary pertaining to prior payment requests, in form and content satisfactory to the City. D. Payroll records to establish compliance with wage and benefit determinations. E. At the request of the City, the Company shall make any additional contribution to the Project Fund that the City determines to be necessary to provide for sufficient funds to pay for the Remediation Costs of completing those portions of the Remedial Actions yet to be completed from time to time to the extent such costs exceed the sum of the Project Fund Books and Records. The City shall, during construction of the Remedial Actions and for three years after DNR acceptance of the final closeout under the Grant Agreement, keep and maintain true and accurate books and records in sufficient detail to reflect the payments made by the City from the Project Fund. The Company may at any reasonable time and from time to time examine all books and records of the City pertaining to the disbursements made to or by the City and may make extracts therefrom and copies thereof Payment of Other Costs of the City. The City shall disburse monies from the Project Fund for the City s out-of-pocket expenses incurred in connection with this Agreement based on a bill, invoice or other document acceptable to the City, evidencing the amount and purpose for which the payment is requested. Section 8. Indemnification. The Company agrees to indemnify and save harmless the City and each of its officers, agents and employees from and against any and all costs, charges and expenses and claims, losses, judgments and liabilities incurred by it or them (including attorneys fees and expenses), to the extent it or they are acting in good faith to carry out the transactions contemplated by this Agreement, the Grant Agreement and each of the construction contracts for the Remedial Actions or the Project and shall include but not be limited to, the City s indemnification obligations and other payment obligations under the Grant Agreement. The Company s obligations under this Section shall survive and extend beyond the Termination Date of this Agreement. Section 9. Events of Default Events of Default Defined. The following shall be Events of Default under this Agreement and the term Event of Default shall mean, whenever it is used in this Agreement, any one or more failures by the Company to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 13

97 9.02 Remedies on Default. Whenever any Event of Default referred to in Section 9.01 of this Agreement occurs, the City, as specified below, may take any one or more of the following actions after provision of sixty (60) days written notice to the Company of the Event of Default by the City, but only if the Event of Default has not been cured within said sixty (60) days or if the Event of Default cannot be cured within sixty (60) days, the Company does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: A. The City may suspend its performance under the Agreement until it receives assurances from the Company, deemed adequate by the City, that the Company will cure its default and continue its performance under the Agreement. B. If the Event of Default occurs prior to the Closing, the City may, at its option, cancel and rescind the Agreement by giving notice of such cancellation and rescission to the Company. C. The City may take whatever action, including legal or administrative action, which may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Company under this Agreement or the Grant Agreement No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10. Additional Provisions Notices and Demands. Except as otherwise expressly provided in this Agreement, notices, demands or other communications under this Agreement by one party to the others shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and 14

98 A. In the case of the City, is addressed or delivered personally to: City of Superior 1316 North 14th Street Superior, Wisconsin Attn: City Clerk B. In the case of the Company, is addressed or delivered to: Superior Amateur Hockey Association, Inc Oaks Avenue Superior, Wisconsin Attn: President or, at such other addresses as a party may, from time to time, designate in writing and forward to the others as provided in this Section Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument Amendments. This Agreement may not be effectively amended, changed, modified, altered or terminated, except upon the written agreement of the City and the Company Assignment. This Agreement may not be assigned by any party hereto without the consent of the other parties City Officials Conflict. No official, officer or employee of the City during his or her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof except as permitted under s (2), Wis. Stats. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf, and the Company has caused this Agreement to be executed in its name and behalf, on or as of the date first above written. CITY OF SUPERIOR By Dave Ross, Mayor By Terri Kalan, City Clerk 15

99 SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC. By Its 16

100 EXHIBIT A TO THE DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF THE PROPERTY

101

102 SOURCES OF FUNDS EXHIBIT B TO THE DEVELOPMENT AGREEMENT SOURCES AND USES BUDGET PROJECT FUND FOR REMEDIAL ACTIONS State Grant $200, Company Contributions for Remediation Costs (to be made in two payments) City Contributions (if any) $60, $ TOTAL SOURCES OF FUNDS $ USES OF FUNDS Remediation Costs: Soil Excavation and Transportation $42, Remediation Costs: Soil Treatment and Disposal $81, Remediation Costs: Soils Confirmation Testing $11, Remediation Costs: Post-remedial Groundwater Monitoring $8, Remediation Costs: Oversight and Other Fees $11, Remediation Costs: Demolition $10, Remediation Costs: Geotextile fabric and caps for contamination (material: crushed gravel) $95, City s Estimated Costs and Expenses $ TOTAL USES OF FUNDS $ SOURCES AND USES BUDGET COSTS OF THE PROJECT SOURCES OF FUNDS Company Contributions for the Project City Contributions USES OF FUNDS Costs of the Project $ $ $

103 EXHIBIT C TO THE DEVELOPMENT AGREEMENT ACTIVITY REQUIRED Closing Date Company transfers Property by Deed; City leases Property to Company SCHEDULE DATE January 27, 2010 Application for State Grant February 1, 2010 Receive State Grant Funds and enter Grant Agreement On or before April 1, 2010 Company deposits initial Company Contribution Day bid is approved by Common Council Award Construction Contract for Remedial Actions On or before May 1, 2010 Commencement of Demolition On or before May 15, 2010 Commencement of Remedial Actions On or before June 1, 2010 Commencement of Construction of Project October 1, 2010, or soon thereafter Completion of Construction of Project December 1, 2010 Completion of Remedial Actions Company deposits remaining Company Contribution Closure Letter is Issued Issue Certificate of Completion Termination of Lease City Conveys Property to Company October 31, 2011, or soon thereafter Day Project and Remedial Action is complete November 1, 2011, or soon thereafter Upon issuance of Closure Letter Termination Date Upon issuance of Certificate of Completion 20

104 EXHIBIT D TO THE DEVELOPMENT AGREEMENT Form of Lease Agreement (See attached)

105 EXHIBIT E TO THE DEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION OF CONSTRUCTION WHEREAS, by a Development Agreement (the Agreement ) dated as of January, 2010, entered into by and between the City of Superior (the City ) and Superior Amateur Hockey Association, Inc. (the Company ), the parties have developed the real property (the Property ) described on the attached Exhibit A, by undertaking certain remediation activities ( Remedial Actions ) and by construction or causing to be constructed, the improvements thereon (the Project ) according to the terms and conditions of the Agreement; WHEREAS, pursuant to the Agreement, promptly after the receipt of a closure letter from the Wisconsin Department of Natural Resources (the Closure Letter ) and the completion of the construction of the Project on the Property, the City shall furnish a Certificate of Completion; WHEREAS, the issuance by the City of the Certificate of Completion shall be conclusive evidence that the Remedial Actions and the construction of the Project have been completed on the Property in accordance with the terms of the Agreement; and WHEREAS, the City has determined that the work of the Remedial Actions and the construction of the Project on the Property as required by the Agreement have been satisfactorily completed. NOW, THEREFORE, be it resolved: 1. As provided in the Agreement, it is hereby agreed that Remedial Actions and the construction of the Project on the Property have been fully and satisfactorily performed and completed, and that such work is in full compliance with the terms, provisions, and conditions established in the Agreement as of,. 2. The Agreement is therefore of no further force and effect with respect to the Project, and all rights duties, obligations, and liabilities of the City and the Company thereunder regarding the Remedial Actions and the construction of the Project shall cease to exist. Any continuing and existing rights, duties, obligations, and liabilities provided in the Agreement shall continue to remain in force and effect.

106 IN WITNESS WHEREOF, the City has executed this Certificate of Completion as of this day of, 20. CITY OF SUPERIOR By Its Mayor By Its City Clerk ACCEPTED BY: SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC. By Its

107 M:\DOCS\08493\000188\AGM\N DOC EXHIBIT A TO CERTIFICATE OF COMPLETION OF CONSTRUCTION

108 Draft January 7, 2010 LEASE AGREEMENT between the CITY OF SUPERIOR, as Lessor and SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC., as Lessee Drafted by: Fryberger, Buchanan, Smith & Frederick, P.A. 302 West Superior Street, Suite 700 Duluth, Minnesota 55802

109 TABLE OF CONTENTS 1.01 Definitions Exhibits Rules of Interpretation... 3 Section 2. Representations and Warranties Representations and Warranties of the Company Representations and Warranties of the City... 4 Section 3. Grant and Acceptance... 4 Section 4. Term of Lease... 4 Section 5. Use of Leased Premises Use of Leased Premises Limitation on Use of Leased Premises... 5 Section 6. Maintenance; Taxes; Insurance and Other Matters Maintenance and Modification of Leased Premises by the Company Personal Property Taxes, Other Governmental Charges and Utility Charges Liability Insurance [Reserved] Workers Compensation Insurance Other Insurance and Requirements for All Insurance Liens Assumption of Risk; Indemnification... 6 Section 7. Damage; Destruction; Condemnation; Use of Net Proceeds Damage, Destruction and Condemnation... 7 i

110 7.02 Cooperation between Parties... 7 Section 8. Assignment, Subletting, Mortgaging, Selling and Option Assignment and Subletting by the Company Restriction on Mortgage or Sale of Leased Premises Reconveyance... 8 Section 9. Events of Default and Remedies Events of Default Defined Remedies on Default Return of Leased Premises Delay; Notice No Remedy Exclusive No Additional Waiver Implied by One Waiver Force Majeure Section 10. Administrative Provisions Notices Binding Effect Severability Amendments, Changes and Modifications Further Assurances and Corrective Instruments Execution in Counterparts Applicable Law Captions Quiet Enjoyment City and State Access to Leased Premises ii

111 10.11 No Joint Enterprise Memorandum of Lease City Officials Conflict iii

112 LEASE AGREEMENT THIS LEASE AGREEMENT (this Lease ) is made and entered into this day of January, 2010, by and between the CITY OF SUPERIOR, a Wisconsin municipal corporation (the City ), as lessor, and SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC., a Wisconsin non-stock, non-profit corporation (the Company ), as lessee. WITNESSETH WHEREAS, the Company owns property located in the City of Superior, Wisconsin described and illustrated on Exhibit A attached hereto (the Property ) which is located adjacent to property owned by the Company and on which it operates an ice rink; and WHEREAS, the Company desires to construct two outdoor ice rinks together with additional parking on the Property, as more specifically defined hereinafter (the Project ); and WHEREAS, the Company has determined that the portion of the Property on which the Project is to be constructed contains contaminated soils which must be remediated prior to construction of the Project (the Remedial Actions ); and WHEREAS, at the request of the Company, the City plans to apply to the Wisconsin Department of Natural Resources (the State or DNR ) for a 2009 Federal Brownfields Recovery Act Funds Wisconsin Ready for Reuse Program Hazardous Substance Grant (the Grant Program ) in an amount not to exceed $200,000 for a portion of the funding for the Remedial Actions; and WHEREAS, the City anticipates receiving approval of a grant from the Grant Program in the maximum amount of $200,000 (the State Grant ) subject to the requirements set forth in the Grant Agreement between the City and the DNR for the Remedial Actions, as the same may be from time to time amended (the Grant Agreement ); and WHEREAS, the Remedial Actions are being undertaken by the City at the request of and for the benefit of the Company; and WHEREAS, the City is willing to serve as a conduit and facilitator for the State Grant and the Remedial Actions; and WHEREAS, as a requirement of the Grant Program, the City must own the Property; and WHEREAS, the City and the Company have entered into a Development Agreement dated as of January, 2010 (the Development Agreement ) pursuant to which the Remedial Actions will be made to the Property and the Project will be constructed; and

113 WHEREAS, the Company has transferred the Property to the City pursuant to a quit claim deed dated January, 2010; and WHEREAS, the Company has requested that the Property be leased to the Company and the City has agreed to lease the Property to the Company for the construction of the Project and continued use by the Company during the Remedial Actions undertaken by the City. NOW, THEREFORE, in joint and mutual exercise of their powers, and consideration of mutual covenants herein contained, the parties recite and agree as follows: Section 1. Definitions, Attachment, Rules of Interpretation Definitions. In this Lease, the following terms have the following respective meanings unless the context thereof clearly require otherwise: City means the City of Superior, a Wisconsin municipal corporation. Closure Letter means the letter issued by the DNR to the City when the Remedial Actions have been completed and all testing levels are satisfactory, which letter may provide certain conditions on the use of the Property. Company means Superior Amateur Hockey Association, Inc., a Wisconsin non-stock, non-profit corporation or its successors or permitted assigns under this Agreement. Development Agreement means the Development Agreement by and between the City and the Company regarding the Remedial Actions and Project, dated as of January, Grant Agreement means the form of Grant Agreement between the City and the DNR which will be required if the Grant is awarded to the City. Leased Premises means the Leased Premises as defined in Section 3 hereof. Project means the construction of boards, access doors and other improvements to form two outdoor ice rinks. Property means Lot One of Certified Survey Map No., dated December 31, 2009, filed for record in the office of the Douglas County Register of Deeds on, 2010, in Volume of Certified Survey Maps, pages, as Document No., located in Part of Lot L, W. Superior 1 st Division and in Part of the Northeast Quarter Southwest Quarter, Section 15, Township 49 North, Range 14 West Douglas County, Wisconsin, and as illustrated in Exhibit A to this Agreement. 2

114 Remedial Action Plan means the Chapter NR 722, Wis. Adm. Code, remedial action plan dated August 12, 2009, prepared by the Engineer and to be approved by the DNR in connection with the Remedial Actions and the Project. Remedial Actions means the remedial actions described in the Remedial Action Plan to be included in the Grant Application and to be approved by the DNR and included in the Grant Agreement. State or DNR means the State of Wisconsin, Department of Natural Resources. State Grant is an amount up to $200,000 in funds from the State under the terms and conditions of the Grant Agreement. State Grant Agreement Requirements means the obligations, conditions and requirements imposed by the State with regard to the Remedial Actions pursuant to the Grant Agreement. Termination Date as specified in Section 4 of this Lease. Term of Lease or Lease Term as specified in Section 4 of this Lease Exhibits. The following exhibits are attached to and by reference made a part of this Lease: Exhibit A Certified Survey Map of the Property 1.03 Rules of Interpretation. A. This Lease shall be interpreted in accordance with and governed by the laws of the State of Wisconsin. B. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Lease as a whole rather than any particular section or subdivision hereof. C. References herein to a particular section or subdivision hereof are to the section or subdivision of this instrument as originally executed. D. Any titles of the several parts, articles and sections of this Lease are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. E. In the event that any provision or clause of this Lease conflicts with applicable law, such conflict shall not affect other provisions of this Lease which can be given effect 3

115 without the conflicting provisions, and to this end, the provisions of this Lease are declared to be severable. Section 2. Representations and Warranties Representations and Warranties of the Company. The Company represents and warrants that: A. The Company is a Wisconsin non-stock, non-profit corporation, qualified to do business in Wisconsin. B. The Company has power to enter into this Lease and to perform its obligations hereunder and has duly authorized the execution, delivery and performance of this Lease by proper corporate action. that: 2.02 Representations and Warranties of the City. The City represents and warrants A. The City is a public body, corporate and politic, organized under the Laws of the State of Wisconsin. B. The City has the power to enter into this Lease and carry out its obligations hereunder pursuant to the powers granted to it by the Wisconsin Constitution and laws. Section 3. Grant and Acceptance. The City hereby leases to the Company and the Company hereby accepts, subject to the terms and conditions herein set forth, the Property, including any improvements heretofore constructed thereon or hereafter to be constructed thereon (collectively, the Leased Premises ), for the rental amount of One Dollar and other good and valuable consideration as hereinafter set forth for the entire Term of Lease. Section 4. Term of Lease. The Term of Lease shall commence on January, 2010, and shall end on the earliest of (i) the date of the Certificate of Completion and the transfer of the Property to the Company; (ii) two years from the date hereof, with an option to renew; or (iii) the date the Development Agreement terminates pursuant to Section 9 thereof (the Termination Date ), unless terminated earlier as provided in this Lease. The date of completion of the Remedial Actions, the construction of the Project and the Closure Letter shall be evidenced by the Certificate of Completion of Construction issued pursuant to the Development Agreement. Section 5. Use of Leased Premises Use of Leased Premises. The Company shall use the Leased Premises as outdoor ice rinks and parking from the Date of the Lease to May 1, The Company shall make the Leased Premises, together with reasonable access thereto, available for use by the public for recreational activity, so long as such activity is consistent with the current use of the Leased 4

116 Premises and the property owned by the Company and located adjacent to the Property. From May 1, 2010 until the completion of the Remedial Actions, the Leased Premises shall be used by the City and its contractors. Once the Remedial Actions are complete, the Company shall resume use of the Leased Premises as described herein. The Company agrees that the Leased Premises shall be used in a manner consistent with and in full compliance of the Development Agreement, the Grant Agreement, the State Grant Agreement Requirements, and applicable state and federal laws and regulations Limitation on Use of Leased Premises. Except for the uses set forth in Section 5.01, the Leased Premises shall not be used for any other purpose without the express written consent of the City and the State. Section 6. Maintenance; Taxes; Insurance and Other Matters Maintenance and Modification of Leased Premises by the Company. From and after the completion of the Remedial Actions and the construction of the Project, the Company shall, at its own expense, maintain, preserve and keep the Leased Premises in good repair, working order and condition and shall from time to time make all repairs, replacements and improvements necessary to keep the Leased Premises in such condition until the Termination Date. The City shall have no responsibility for such maintenance or for any of the repairs, replacements or improvements to the Leased Premises. The Company will not permit any mechanics or other liens to be established or remain against the Leased Premises for any labor or materials furnished in connection with the construction of the Project or any other remodeling, additions, modifications, improvements, repairs, renewals or replacements made by the Company pursuant to this Section Personal Property Taxes, Other Governmental Charges and Utility Charges. A. The Company shall promptly pay all special assessments and charges levied against the Leased Premises during the Term of Lease, provided, however, that the Company may object or appeal to such special assessments and charges under the procedure set forth by Wisconsin law. The Company shall also promptly pay all property taxes on any improvements and/or personal property located on the Property, provided, however, that the Company may object or appeal such taxes under the procedure set forth by Wisconsin law. The Company shall pay its costs of any objections to or appeals of payments in lieu of real estate taxes, special assessments and charges, or property taxes. B. The Company shall also pay when due all water, electricity, power, sewer, garbage collection and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Leased Premises, if any. The Company shall also pay all property and excise tax and governmental charges of any kind whatsoever which may at any time be lawfully assessed and levied against or with respect to the Leased Premises or any part thereof and which become due during the term of this Lease with respect thereto; and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Project; provided that with respect to special assessments or other governmental charges 5

117 that may be lawfully paid in installments over a period of years, the Company may be obligated to pay only such installments as are required to be paid during the term of the Lease as and when the same become due Liability Insurance. From and after the date of commencement of this Lease, the Company agrees to procure and maintain continuously in effect with respect to the lease of the Leased Premises, insurance against liability for injuries to or death of any person or damage to or loss of property arising out of or in any way relating to the maintenance, use or operation of the Leased Premises or any part thereof. The amount of the liability insurance to be maintained shall be the amount maintained by similar operations to that of the existing ice rink located on the property adjacent to the Property and shall be to the reasonable satisfaction of the City. The City shall be named an additional insured and the Company shall provide a certificate of insurance evidencing such coverage to the City [Reserved] Workers Compensation Insurance. If required by state law, the Company shall carry workers compensation insurance covering all employees on or about the Leased Premises and upon request, shall furnish to the City a certificate evidencing such coverage throughout the term of the Lease Other Insurance and Requirements for All Insurance. All insurance required by this Section may be carried under a separate policy or a rider or endorsement and shall be taken out and maintained with responsible insurance companies organized under the laws of one of the United States and qualified to do business in the State of Wisconsin; shall contain a provision that the insurer shall not cancel or revise the coverage thereunder without giving written notice to both the Company and the City at least thirty (30) days before the cancellation or revision becomes effective Liens. From and after the date of this Lease, the Company shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Premises. Except as expressly provided in this Section, the Company shall promptly, at its own expense, take such action as may be necessary to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time during the Term of Lease Assumption of Risk; Indemnification. As between the Company and the City, the Company assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Leased Premises and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of the Company or a third party, and whether such property damage be to the Leased Premises, the Company s property or the property of others which is proximately caused by the conduct of the Company, its officers, employees and agents. The Company hereby assumes responsibility for and agrees to indemnify and save harmless the City and each of its officers, agents and employees from and against all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses 6

118 (including reasonable attorneys fees) and including all obligations under the Grant Agreement of whatever kind and nature, imposed on, incurred by or asserted against the City, its officers, agents or employees, that in any way relates to or arises out of a claim, suit, proceeding or judgment arising from or based in whole or in part upon: A. any injury to or death of any person or damage to property in or upon the Leased Premises or growing out of or connected with the use, non-use, condition, or occupancy of the Leased Premises or a part thereof; B. violation by the Company of any agreement or condition of this Lease, the Grant Agreement or the Development Agreement, or any other agreement entered into as part of this transaction; C. violation of any law, ordinance, or regulation by the Company affecting the Leased Premises, or a part thereof, or the ownership, occupancy or use thereof; and D. any other act relating to the leasing, occupancy or operation of the Leased Premises or any document executed in furtherance thereof. The provisions of this Section 6.08 shall survive the expiration or termination of this Lease. Section 7. Damage; Destruction; Condemnation; Use of Net Proceeds Damage, Destruction and Condemnation. If (i) the Leased Premises or any portion thereof is destroyed by fire or other casualty or (ii) title to or the temporary use of the Leased Premises or any part thereof or the interest of the Company or the City in the Leased Premises or any part thereof, shall be taken under the exercise of any power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the Company shall have the rights specified in this Section with respect to the net proceeds of any insurance or condemnation award and shall either: (a) apply such net proceeds to the prompt repair, restoration, modification or improvement of the Leased Premises; or (b) shall exercise its option to terminate this Lease and distribute the net proceeds as follows: (1) to the extent required by the State pursuant to the Grant Agreement, reimburse the State Grant to the State; and (2) retain the remaining net proceeds for the Company Cooperation between Parties. The City shall fully cooperate with the Company at the expense of the Company in filing any proof of loss with respect to any insurance policy covering the casualties described in Section 7.01 hereof and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Leased Premises or any part thereof and will, to the extent it may lawfully do so, permit the Company to litigate in any proceedings resulting therefrom in the name of and on behalf of the City. 7

119 Section 8. Assignment, Subletting, Mortgaging, Selling and Option Assignment and Subletting by the Company. This Lease or any interest therein, may not be assigned or subleased by the Company without the prior written consent of the City, which consent shall be in the sole discretion of the City Restriction on Mortgage or Sale of Leased Premises. Neither the Company nor the City shall mortgage, sell, assign, transfer or convey its interest in the Leased Premises or any portion thereof during the term of this Lease without the prior written consent of the other party Reconveyance. Pursuant to the Development Agreement, upon the issuance of the Certificate of Completion as defined therein, and provided that the Company is not in default of this Lease or the Development Agreement, the City will convey the Property to the Company by quit claim deed, subject to restrictions as described in the Development Agreement. All costs of closing the transfer of the Property shall be borne by the Company. Section 9. Events of Default and Remedies Events of Default Defined. The following shall be events of default under this Lease and the terms events of default and default shall mean, whenever they are used in this Lease, any one or more of the following events: A. Failure by the Company to observe and perform any covenant, condition or agreement on its part to be observed or performed for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given to the Company by the City, unless the City shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the City will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Company within the applicable period and diligently pursued until the default is corrected. B. The filing by the Company of a voluntary petition in bankruptcy, or failure by the Company promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of the Company to carry on its operations at the Leased Premises, or adjudication of the Company as a bankrupt, or assignment by the Company for the benefit of creditors, or the entry by the Company into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Company in any proceedings instituted under the provisions of the federal bankruptcy code, as amended, or under any similar acts which may hereafter be enacted. C. Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given to the City by the Company, unless the Company shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the 8

120 applicable period, the Company will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Company within the applicable period and diligently pursued until the default is corrected Remedies on Default. Whenever any event of default referred to in Section 9.01 A. or B. hereof shall have happened and be continuing with respect to the Leased Premises, the City shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps: A. terminate this Lease; or B. with or without terminating this Lease, re-enter and take possession of the Leased Premises and exclude the Company from using it; provided, however, that if this Lease has not been terminated, the City shall return possession of the Leased Premises to the Company when the event of default is cured; or C. take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Company under this Lease. Whenever any event of default referred to in Section 9.01C hereof shall have happened and be continuing with respect to the Lease, the Company shall have the right, at its option and without further demand or notice to take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the City under this Lease Return of Leased Premises. Upon the expiration or termination of this Lease, the Company shall deliver possession of the Leased Premises to the City in good condition, repair, and working order. All fixtures and improvements to the Leased Premises shall remain part of the real property and shall remain in place upon surrender to the City of the Leased Premises on expiration or termination of this Lease Delay; Notice. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or the Company is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 9

121 9.06 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease should be breached by a party hereto and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder Force Majeure. The provisions of Section 9.01 and Section 9.02 are subject to the following limitation: if by reason of force majeure the Company or the City is unable in whole or in part to carry out its obligations under this Lease with respect to the Leased Premises, the City or the Company shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force majeure inability, and the time for compliance with such obligations shall be extended to cover such delays. The term force majeure as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or any of its departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of the City or the Company and not resulting from its negligence. The City and the Company agree, however, to remedy with all reasonable dispatch the cause or causes preventing them from carrying out their obligations under this Lease; provided that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the City or the Company and they shall not be required to make settlement of strikes, lockouts and other industrial disturbances by acceding to the demands of the opposing party or parties when such course is in their judgment unfavorable to them. Section 10. Administrative Provisions Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given on the earlier of (i) delivery or (ii) three days following deposit in the United States mail in certified or registered form with postage fully prepaid: A. In the case of the Company, is addressed or delivered personally to: Superior Amateur Hockey Association, Inc Oaks Avenue Superior, Wisconsin Attn: President 10

122 B. In the case of the City, is addressed to or delivered personally to: City of Superior 1316 North 14th Street Superior, Wisconsin Attention: City Clerk The City and the Company, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the City and the Company and their respective successors and permitted assigns Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Company Further Assurances and Corrective Instruments. The Company and the City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting an inadequate or incorrect description of the Leased Premises hereby leased or intended so to be or for carrying out the expressed intention of this Lease Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Wisconsin Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease Quiet Enjoyment. As long as the Company performs all of the covenants and conditions of this Lease, it shall have peaceful and quiet enjoyment of the Leased Premises for the term City and State Access to Leased Premises. The Company agrees that the City and the State, and their representatives, consultants and agents may enter the Leased Premises through the property depicted as Lot 2 on Exhibit A, for the purpose of undertaking the Remedial 11

123 Actions and for verifying compliance with the terms of this Lease and the Grant Agreement in relation to construction of the Project No Joint Enterprise. The relationship between the City and the Company under this Lease shall be solely that of landlord and tenant. No joint enterprise or partnership shall be inferred from any of the provisions of this Lease Memorandum of Lease. The parties agree that this Lease shall not be recorded with the Register of Deeds, but a Memorandum of Lease may be executed by the parties on the date of this Lease and such memorandum may be recorded in the Office of the Register of Deeds for Douglas County, Wisconsin, all at the request of the City and in the City s sole discretion City Officials Conflict. No official, officer or employee of the City of Superior during his or her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Lease or in the proceeds thereof except as permitted under s (2), Wis. Stats. [remainder of page left blank intentionally] 12

124 IN WITNESS WHEREOF, the City has caused this Lease to be executed in its corporate name by its duly authorized officers; and the Company has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. CITY OF SUPERIOR By Dave Ross, Mayor By Terri Kalan, City Clerk Signature page to Lease Agreement between the City of Superior and Superior Amateur Hockey Association, Inc., dated as of January, 2010.

125 SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC. By Its Signature page to Lease Agreement between the City of Superior and Superior Amateur Hockey Association, Inc., dated as of January, 2010.

126 EXHIBIT A TO THE LEASE AGREEMENT CERTIFIED SURVEY MAP OF THE PROPERTY TO BE PROVIDED M:\DOCS\08493\000188\LEA\N DOC

127 Alderperson introduced the following resolution and moved its adoption: RESOLUTION #R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SUPERIOR, WISCONSIN APPROVING EXECUTION OF A DEVELOPMENT AGREEMENT AND A LEASE AGREEMENT IN CONNECTION WITH THE SUPERIOR AMATEUR HOCKEY ASSOCIATION, INC. PROJECT WHEREAS, representatives of the City of Superior, Wisconsin (the City ) have been negotiating with Superior Amateur Hockey Association, Inc. ( SAHA ) regarding the environmental clean-up (the Remedial Actions ) and development of two outdoor hockey rinks and a parking area (the Project ), the terms of which are set forth in a proposed Development Agreement between the City and SAHA, a copy of which is on file with the City Clerk; and WHEREAS, SAHA owns property located in the City of Superior, Wisconsin described as Lot One of Certified Survey Map No., dated December 31, 2009, filed for record in the office of the Douglas County Register of Deeds on, 2010, in Volume of Certified Survey Maps, pages, as Document No., located in Part of Lot L, W. Superior 1 st Division and in Part of the Northeast Quarter Southwest Quarter, Section 15, Township 49 North, Range 14 West, Douglas County, Wisconsin (the Property ) upon which it intends to construct the Project; and WHEREAS, SAHA has determined that the Property contains contaminated soils which must be remediated prior to construction of the Project; and WHEREAS, at the request of SAHA, the City intends to apply to the Wisconsin Department of Natural Resources (the DNR or the State ) in February 2010 for a 2009 Federal Brownfields Recovery Act Funds Wisconsin Ready for Reuse Program Hazardous Substance Grant (the Grant Program ) for a portion of the funding for the Remedial Actions and the City anticipates receiving a grant under the Grant Program in the maximum amount of $200,000 (the State Grant ) subject to the requirements in a proposed grant agreement between the City and the DNR for the Remedial Actions, which grant agreement has not yet been provided to the City or SAHA; and WHEREAS, as a requirement of the Grant Program, the City must own the Property; and WHEREAS, pursuant to the proposed Development Agreement, SAHA will convey the Property to the City and the City will lease the Property to SAHA for the construction of the Project and continued use by SAHA during the Remedial Actions undertaken by the City, the terms of which are set forth in a proposed Lease Agreement between the City and SAHA (the Lease Agreement ), a copy of which is on file with the City Clerk; and

128 WHEREAS, the City is willing to serve as a conduit and facilitator for the State Grant and the Remedial Actions, provided that the State Grant is awarded, but all risks of the Project and the costs of the Remedial Actions in excess of the State Grant, shall be borne by and shall be the responsibility of SAHA and not the City; and WHEREAS, pursuant to the requirements of Sec of the City Ordinance and Wisconsin Statutes, Section , the City has published a Notice to Lease Real Property. NOW, THEREFORE, BE IT RESOLVED: 1. The Common Council hereby approves (a) the conveyance from SAHA of the Property to the City; (b) the leasing of the Property to SAHA; and (c) the application to the Grant Program for the State Grant to address the Remedial Actions; and, all in accordance with the terms, conditions and restrictions set forth in the Development Agreement and the Lease Agreement. 2. The forms of Development Agreement and Lease Agreement, as presented to the Common Council, are hereby approved with such insubstantial changes as are necessary in the opinion of the Mayor and the City Clerk, without further act or authorization. The Mayor and the City Clerk are authorized and directed in the name and on behalf of the City to execute the Development Agreement and the Lease Agreement and such other documents, instruments or certificates as are deemed necessary or desirable by counsel for the City to complete the transaction. 3. The Common Council hereby authorizes and directs the Mayor and the City Clerk to submit the application to the Grant Program and to carry out the other obligations of the City contained in the Development Agreement and the Lease Agreement. 4. In the event that the State Grant is awarded to the City, the proposed grant agreement will be presented to the Common Council for review and approval at that time. 2

129 Adopted: January 19, Attest: Mayor City Clerk The motion of the adoption of the foregoing Resolution was duly seconded by Alderperson and, upon vote being taken, the following voted in favor thereof: the following voted against the same: the following were absent: whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Mayor and attested by the City Clerk. M:\DOCS\08493\000188\ROL\ND1603.DOC 3

130 RESOLUTION# R RESOLUTION INTRODUCED BY COUNCILORS BENDER AND FINSLAND THANKING CONGRESSMAN OBEY, SENATOR KOHL, SENATOR JAUCH, AND ASSEMBLYMAN MILROY, FOR THEIR ROLES IN MANY ECONOMIC AND BUILDING PROJECTS IN THE CITY OF SUPERIOR AND DOUGLAS COUNTY Whereas, the city and the county, similar to the country in general, have suffered and continue to suffer from the dire economic situation, and Whereas, federal and state initiatives of economic or building nature are sorely needed here as well as elsewhere in the country, and Whereas, such initiatives can and do help ameliorate the economic situation, especially unemployment and underemployment in the area, and Whereas, a great deal of the progress of our city should be shared with our Federal and State Lawmakers, and Whereas, these lawmakers have provided leadership to implement policies and target resources to help our citizens, and Whereas, every time that these lawmakers are called on for help they have responded to every community staff request and have gone above and beyond the call to target said resources and implement such policies to help the City, create jobs, save taxpayers dollars and improve the quality of life, and Whereas, on behalf of the taxpayers of our community Congressman Obey, State Senator Jauch, and Assemblyman Milroy have teamed together and played critical roles in the distribution of State and Federal resources to improve the City of Superior and brighten our future, and Whereas, these dollars are badly needed essential investments in our infrastructure, strengthen our business community and expand economic opportunity, and Whereas, most of these improvements would not have been affordable without State and Federal assistance, and Whereas, a partial list of such State and Federal assistance could include, but not be limited to: Arrowhead pier funding totaling over $245,000 thanks to the leadership of Senator Jauch and Assemblyman Milroy Fraser Shipyard funding of $3.7 million modernization thanks to the Doyle Administration and our two state lawmakers Fraser Shipyard Congressional earmark of another $2 million for phase II of the modernization project thanks to Congressman Obey and Senator Kohl

131 Gavilon Grain Elevator Dockwall grant of $2 million thanks to the State harbor Assistance program Superior Dockwall coating grant of $100,000 to study the cause of corrosion and identify a protective sealant Lake Superior Community Health Center Dental Access grant of $200,000 to add a dentist and increase dental access University of Wisconsin Superior $62 million investment by the state for a campus building program that includes the Academic Building Restoration, the construction of Swenson Hall, the Jim Dan Hill Library restoration, the newly opened Yellowjacket Student Center Ongoing support to keep the VA Outpatient Clinic adjacent to SMDC Superior and fund needed remodeling of the facility Ballast Water Treatment budget amendment of $250,000 for ballast treatment research and the Great Ships Initiative s ballast treatment facility in Superior and an additional $950,000 thanks to Congressman Obey to expand that facility and a modified ballast water permit to allow shipping to continue. The congressman also got a continuation of funding of $450,000 for the Great Lakes Maritime Research Institute at UWS A critical air quality agreement negotiated by Congressman Obey to continue to allow maritime commerce in Duluth Superior Critical funding was secured by Congressman Obey to upgrade the water purification system at the Superior Water Treatment Plant and section 1504 funding of $750,000 in 2009 and $200,000 in 2010 for the Superior Waste Water Treatment Plant American Recovery and Reinvestment Act funding for resurfacing East 5 th Street, Sewer Upgrades in Billings Park and South Superior, $7.7 million for Waste Water and Disposal program for the Town of Parkland, and $5.6 million for the Superior School District to prevent dramatic education cuts and large property tax increases. All thanks to Congressman Obey Thanks to Senator Jauch and Assemblyman Milroy, while other communities lost 15% in shared revenue payments, Superior was only cut 1.6% Thanks again to Senator Jauch and Assemblyman Milroy for working with the City Treasurer to modify the shared revenue formula so that Superior and other municipalities could avoid expenditure cuts that could severely impact employment and local services Senator Jauch and Assemblyman Milroy pushed an alternative to the proposed oil franchise fee that would have harmed the Superior refinery

132 While many DNR Service Centers were reduce our two legislators helped maintain our Superior DNR Service Center open four days a week. When a concern was raised about new guidelines for pre vocational services Senator Jauch and Milroy got in place a clear set of rules that will continue worker training programs and worked with the Department of Health Services to obtain a $100,000 grant to improve coordinated training programs for the disabled Congressman Obey s office worked with Superior Police Chief Peters to secure a Forensic Tech earmark for $550,000 to fight computer crime Whereas, we in the City of Superior, Douglas County, and Northern Wisconsin, are most fortunate indeed to have the advocacy and leadership of our representatives, Congressman Dave Obey, Senator Kohl, State Senator Bob Jauch, and Assemblyman Nick Milroy, and Therefore, be it resolved that, the City of Superior Common Council hereby expresses its very sincere and genuine thanks and gratitude to Congressman Obey, Senator Kohl, Senator Jauch and Assemblyman Milroy for going above and beyond to secure millions of dollars in funding for the above mentioned economic and building programs. Our city and region are truly much better off thanks to their hard work and strong efforts on our behalf. Passed and adopted this 19 th, day of January Attest: Mayor City Clerk

133 ORDINANCE #O AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE OF THE CITY OF SUPERIOR, AMENDING CITY CODE CHAPTER TRAFFIC CODE, SCHEDULE J, DISABLED PARKING ZONES The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1.. City Code Chapter 112, Traffic Code, Article III Parking, Schedule J, Disabled Parking Zones, is hereby amended by adding the following: Disabled Parking signs at: 1123 Grand Avenue (both sides) for Tanna Parker SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 19 th day of January, 2010 Approved this 19 th day of January, 2010 Attest: Mayor City Clerk

134 Public Works Department 1316 North 14th Street, 2nd Floor Superior, WI Web site: Phone: (715) Fax: (715) TTY: (715) TO: FROM: Terri Kalan, City Clerk Meredith Kimberlin, Administrative Assistant DATE: December 16, 2009 RE: Disabled Signage Request - APPROVAL The Public Works Department, the Police Department and the Mayor's Commission on Disabilities have reviewed the request for installation of disabled signage at the following location: Disabled Parking at: 1123 Grand Avenue (both sides) for Tanna Parker Concurrence has been received to approve this request. An ordinance has been created for approval by the Common Council to allow for amendment to the Traffic Code and for the installation of proper signage. c: Katey Geistfeld, Mayor s Commission on Disabilities Traffic Sgt. McGillis, Police Dept. Tanna Parker Council Mtg. January 19, 2010

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136 ORDINANCE #O AN ORDINANCE INTRODUCED BY CITY ATTORNEY PRELL AMENDING SECTION 2-417(a)(7), UNCLAIMED, LOST OR ABANDONED PROPERTY, ARTICLE X. DISPOSITION OF SURPLUS, ABANDONED OR UNCLAIMED PROPERTY, OF THE CITY CODE OF ORDINANCES. The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. Sec (a)(7), Unclaimed, lost or abandoned property, Contraband of the City Code of Ordinances is hereby amended to read as follows: Sec (a)(7). Unclaimed, lost or abandoned property, Contraband Contraband. Non-money property which is contraband shall be destroyed when it no longer is needed for evidentiary purposes. In matters concerning contraband money, such property shall be disposed of in accord with relevant state law. SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence or clause or phrase or portion thereof. SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 19 th day of January, 2010 Attest: Mayor City Clerk

137 ORDINANCE # O AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING THE CITY CODE, CHAPTER 112, TRAFFIC CODE, ARTICLE III, PARKING. The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. Schedule F, Limited Time Parking of City Code Chapter 112, Traffic Code, is hereby amended by removing the following: SECTION 2. Twenty (20) Minute Parking Only Faxon Street between Catlin and Fisher Avenues, on south side between 7:30 a.m. and 5:30 p.m. SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to remove official traffic signs. SECTION 3. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 19 th day of January, Approved this 19 th day of January, Attest: Mayor City Clerk

138 Public Works- SAMP Phone: (715) Fax: (715) Website: Charlene Johnson SAMP II Technical Coordinator 1316 N. 14 th Street Superior, WI Date: January 19, 2010 RE: Council Action Requested to Modify Superior SAMP Mitigation Bank Administration/Credit Sale By: Charlene Johnson, Superior SAMP II Technical Coordinator The Department of Public Works requests Council approval for the modification of the City of Superior Special Area Management Plan (SAMP II) Ordinance #O , particularly: Modify: Chapter 4 Superior SAMP II Permit Conditions, Section B.2: to read The fee, per credit/acre is $9, for SAMP II permitted projects. Modify: Chapter 8 Wetland Mitigation, Section E to add the following: Approval of non-samp Compensatory Wetland Mitigation Credit Sales shall be determined by the Public Works Committee of the Superior Common Council and may be denied at the discretion of the Public Works Committee. Add: Chapter 8 Wetland Mitigation, Section F The cost of sale for compensatory wetland mitigation credits for SAMP permitted projects shall be $9, each, or proportional thereof. Mayor, Dave Ross