SAUK CENTRE CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 15, 2011— 6: 30 P. M. AGENDA 1. Call to Order / Roll Call / Pledge of Allegiance 2. Approval of Agenda 3. Approval of Minutes a. June 1, 2011 Regular Meeting ( P. 1 - 10) 4. Public Open Forum ( Comments Limited to 3 Minutes) a. Sinclair Lewis Foundation Fundraising — Jo Glinnon 5. Public Hearings 6. Reports / Presentations a. Police Department Monthly Reports, Police Chief ( P. 11 - 15) b. Planning Commission Report, City Planner ( P. 16 - 17) C. Park Board Report, City Administrator ( P. 18) d. EDA Report, City Administrator ( P. 19 - 20) 7. Action Items a. Approve Step Adjustments — Non Union Staff ( P. 21) b. Approve Resolution 2011 - 30 Accepting Quote for Installation of Well ( P. 22 - 24) C. Approve Appointment of Part Time Police Officer ( P. 25) d. Approve Grant for Extension of Shoreline Restoration Project ( P. 26 - 35) e. Approve Maintenance Contract for Shoreline Restoration Project ( P. 36 - 47) f. Approve Rental Agreement — FP Mailing Solutions ( P. 48 - 51) 8. Unfinished Business 9. New Business 10. Consent Agenda ( P. 52 - 57) a. Schedule of Claims b. List of Checks 11. Informational Items a. Household Hazardous Waste Pickup Day ( P. 58 - 59) b. CAPX 2020 — Minnesota Public Utilities Commission Permit ( P. 60) 12. Adjournment
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Approve Resolution 2011 -30 Accepting Quote for ......Jun 15, 2011 · will enter ntoa 25 yearlease agreement with the City for lease of the ility. The leasse.proposxs;d to go into
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SAUK CENTRE CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 15, 2011— 6:30 P.M.
AGENDA
1. Call to Order /Roll Call /Pledge of Allegiance
2. Approval of Agenda
3. Approval of Minutesa. June 1, 2011 Regular Meeting (P.1 -10)
4. Public Open Forum (Comments Limited to 3 Minutes)a. Sinclair Lewis Foundation Fundraising — Jo Glinnon
5. Public Hearings
6. Reports /Presentationsa. Police Department Monthly Reports, Police Chief (P. 11 -15)b. Planning Commission Report, City Planner (P. 16 -17)C. Park Board Report, City Administrator (P. 18)d. EDA Report, City Administrator (P. 19 -20)
7. Action Items
a. Approve Step Adjustments — Non Union Staff (P. 21)b. Approve Resolution 2011 -30 Accepting Quote for Installation of Well (P. 22 -24)C. Approve Appointment of Part Time Police Officer (P. 25)d. Approve Grant for Extension of Shoreline Restoration Project (P. 26 -35)e. Approve Maintenance Contract for Shoreline Restoration Project (P. 36 -47)f. Approve Rental Agreement — FP Mailing Solutions (P. 48 -51)
8. Unfinished Business
9. New Business
10. Consent Agenda (P. 52 -57)a. Schedule of Claims
b. List of Checks
11. Informational Items
a. Household Hazardous Waste Pickup Day (P. 58 -59)b. CAPX 2020 — Minnesota Public Utilities Commission Permit (P. 60)
12. Adjournment
SAUK CENTRE CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 1, 2011
1. CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE
The Sauk Centre City Council met in a Regular Meeting on Wednesday, June 1, 2011 at 6:30p.m. in the City Hall Council Chambers pursuant to due notice being given thereof. Present wereMayor Brad Kirckof, Council Members Warren Stone, Keith Johnson, Al Coenen and MichaelOlson. Also present were City Administrator Vicki Willer, City Planner Sarah Morton, PoliceChief Bryon Friedrichs and Administrative Assistant Nicki Vogt 1Vlayor Kirckof presidedthereat.
2. APPROVAL OF AGENDA
A motion was made by Council Member Johnson and
to approve the agenda as presented. A vote being recJohnson, Olson, Stone, Coenen and Mayor Kirckof P
3. APPROVAL OF MINUTESN
The May 18, 2011 and May 25, 3022 Meeting Minutes
ended by Council Member Olsonfollows: Far,.,. ;Council MembersTone. The moiionpassed.
roved as presented.
4. PUBLIC OPEN FORUM
Patricia Groetsch — Nurse for 33 years aQSt X11 iAffiliation Agreement should put patients fiat ancis questioning why it states that employees are bconsider seniority and wages&i ng the hiring pro
s
Kristine Massman Lab Tech atSt Michael's Hconcerns as Ms. Groetsch ' She ,is interested in
affect jobs and their ability to care for the patients;
s Hospitals W,, . s. Groetsch feels that thes it positively impact patient care. Shefired and =re- hired. She feels it is best to
Ms. Massman stated she had the same
how the Affiliation Agreement will
Margy Urrihoefer EYnployee at $ It Michael's Hospital. Ms. Umhoefer questioned if therewould$'e a gap in health mstirance acid employee benefits.
Tammy Rieland — Nurse for 25'yearsgat St. Michael's Hospital. Ms. Rieland stated that she doesnot understand the, AffiliatiorAgreement. She wants to be sure that this Agreement will notinterrupt patient care She also had questions relating to insurance & benefits. She presented theCouncil with a petition including over 100 signatures requesting a change to be made to theAgreement where it retains the employees and continues their union contract.
5. PUBLIC HEARINGS
None.
6. REPORTS /PRESENTATIONS
a. Mike Wiesser presented the Council with a Certificate of Appreciation that was presentedto Victri Village for the involvement in the Deployment Ceremony. Approximately2,000 people were in attendance.
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0
C.
Public Utility Superintendent Marty Sunderman provided the Council with the followingWastewater Treatment Facility Project update:
The project is 1.6 million dollars under budget.The PFA loan is at 1.91 %.
3 change orders were complete; 1 was for a credit.The project is 2 months ahead of schedule.Substantial completion date is set for July 25, 2011.The months of June & July 2011 will be busy withOperators of the new facility will be required to,,d,ttotal of 80 hours.
There is anew ammonia limit requirement-,A new holding pond was added for water runoff'with the Sauk River Watershed Districf9'600,000 Killowats will be saved per year `An energy rebate will be received m the amount ofkThe facility will have an alann systemThe old facility will be demolished and landscapingThe new plant will be classfiedas a Class A plantAn Open House will be in the fall= of 2011.Customers will see an increase,of6%'1,9ffi all for E
swing for the season.use and the old machine is being prepped for sale.
Staff is worki g with the Rotary on new benches by the band shell.Staff Is;woming with the Sauk River Watershed on the installation of a raingarden,at'theboat landing.Steel is complete for the exterior work on the Public Works Garage.Testing for asbestos is being done at the old puinp house fiorn the original sewerplant prior to beginning roof repairs.The Grader has been out on gravel roads.A full round of street sweeping has been complete.Tables and chairs were delivered to and returned fiom VictriVillage for thedeployment ceremony.
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The 1st Annual Craft, Vendor & Community Garage sale was held on May 21"with revenue of approximately $600.Pothole patching is underway.The crosswalk paint has arrived.
d. The Operations Committee met on Thursday, May 26"' to review quotes for the mill andoverlay and 9"' Street sidewalk. The Committee narrowed the options to two which arepresented under Action Item 7f and 7g.
Quotes for the well will be reviewed by the Park Board,,on June 7 after additionalclarification on quotes are received.
The Committee also discussed the repair f the door` dt the Irif6 nation Center. A newlock is proposed to be installed with an emergency exit (push paddle) t_Due to the age andstyle of the door, before any work will be done,; staff islooking at replacement instead.
7. ACTIONITEMSa. The following action proposed is a follow-up tolthe Jornt meeting with the Hospital Board
on May 25, 2011 where the Council heard and reviewed the proposed AffiliationAgreement with CentraCare Health _Systems.
The following is an outline of the AgceE
The City will continue to operateapproximately one Dar while a newcorporation w l ,F "be called ; CentraCareMichael's and̀'CentraCareW( parent comuntil the new co on rsformed.
icha&l`? ospital and Nursing Home forProfit ; Corporation is formed. This new
th Systems -Sauk Centre (CCHS -SC). St.
will operate with a Consulting Agreement
on approvalof the ,,,, corporatio"15 the IRS and other regulatory agencies, CCHS-will enter ntoa 25 year lease agreement with the City for lease of the
ility. The leasse.xs;proposd to go into effect on July 1, 2012. After that date, CCHS-will be operated bya Board where the City will appoint three members.
Prior to t11e effective..,.' date of the lease, the City is to retire three existing bonds withhospital funds, currently on hand designated for this purpose. The one remaining9,505,000 bond will continue to be held by the City. The lease payment will be equal toeach year's bord"payrnent. The parent company, CentraCare, will provide a Guarantythat all payments will be made. A purchase option exists that may be executed afterbonds are callable in 2015.
Current assets (except one half of the balance of the marketable securities after paymentof the bonds) and most current liabilities of St. Michael's will stay with the newcorporation as working capital (a loan from the City). The City will receive interest onthe loan at a prime with a 6% cap. In addition, the City will receive $7,500 annually todefray administrative costs and other costs to service the bond.
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Upon the effective date of the lease (July 1, 2012) CCHS -SC will become the operatorand employer of the hospital. The expected date for Clinic affiliation is July 1, 2011.
Jim Platt, Legal Counsel for the City /Hospital reiterated the fact that this transaction willnot occur until July 1, 2012. CCHS -SC will have an Operating Committee of which 3members will be appointed by the Council. Interview of current employees for CCHS -SC will begin in spring 2012.
Dr. Terry Pladson, President /CEO of CentraCare stated that their mission is to PutPatients First. They are the leader in Minnesota for quality, safety, service and value.They were selected as the best workplace for all large corporations in Mim Theywill receive input on hiring from the current leadershipNat St MAael's.
Jim Davis, Vice President of Operations at, .,CCHS for 23 years. He was a part of the Long ICentraCare. The reason Melrose did not hake to gobecause CCHS was already managing the facility` riortheir intent is not to lay -off or fire people. The trans%troAffiliation Agreement is designed,jo assure Sauk Centbased rural health care. Their 2oals work effective)
Mr. Davis provided the Council withThe transaction took place in 1997):
regarding CCHS- Melrose
1997 2011
113 Employees 200 Employees6.1 million,revenud'111;,', . 25 million revenue
0
DebiC -ju tiansan, St. rc ael's Hospital Administrator. Mr. Christianson has been anemployee 21 years. He is confident that the community of SaukCentre will beneft from this' transaction. He stated that he feels that the employeesworld be at a higher ; ri , sk if this transaction is not complete.
Councri Stone introduced Resolution No. 2011 -25, A Resolution of the CityCouncil bf the City >of Sauk Centre, State of Minnesota, Approving an AffiliationAgreement R. drdiirig St. Michael's Hospital and Nursing Home and Lakeshore Estates.The motion was,seconded by Council Member. Olson. A vote being recorded as follows:For: Council NV embers Stone, Olson, Johnson and Mayor Kircko£ Against: Council.
Member Coenen. The motion passed.
Mayor Kirckof thanked everyone involved with the process.
Every year by June 30th, Liquor Licenses are up for renewal. To date, all of theapplicants have the appropriate paperwork (Application, Liquor Liability and Workman's
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e stated tli&'Ahre has been with
airie and Melrose transition tohrough the re -hirmg process isnhee transactionAe stated thatof benefits will be smooth. This
a complete system of providerkopenly with all employees.
P.4
Comp) and have completed and paid the fee. Listed below are the Liquor Licensees andLicense Number that the City has assigned:
C.
T .TCPNCPP
Next Door Bar & Lounge VII (On -Sale, Off -Sale & Sunday)Sportsman's Bar (On -Sale, Off -Sale & Sunday)The Palmer House (On -Sale & Sunday)West Side Liquor (Off -Sale)American Legion Post 67 (Club & Sunday) ,Sauk Centre Country Club (Club & Sunday)Hartmann's Moonshine Shoppe (Off -Sale)River's Edge Dining & Lounge (On -Sale & Sunday)Gerard's Restaurant & Banquet (On -Sale & Sunday) yBear Trap On -Sale Off -Sale & Sunday)Mustang Bar (On -Sale, Off -Sale & Sunday) "Red Carpet Bar & Grill (On -Sale, O,ff Sale & Sunday)M & M's Corner Bar (On -Sale, O. f Sale & Sunday)Wal -Mart Stores, Inc. (Off -Sale)JT's Pub and Grill (On -Sale, Off -Sale & Sunday)
A motion was made by Council POlson to approve the renewal ofJune 30, 2012. A vote being rfOlson, Stone, Coenen and Mayor
Every year byof the applicompleted andand License Ni
LICENSE #
2011 -14
2011 -15
2011 -16
2011 -17
2011 -18
2011 -19
2011 -20
2011 -21
2011 -22
2011 -23
2011 -24
2011 -25201' 1 -26
X011 -272011 -28
econded by Council Membere July 1, 2011 and expiringCouncil Members Johnson,
The motion passed.
Licenses are up for renewal. To date, allirk (Application and Workman's Comp)7 are the On/Off Sale 3.2 Beer Licensees
LICENSE #
2011 -29
2011 -30
2011 -3 1
A motion wb
Olson to appsand expiringStone, Olson,
derby Council Member Stone and was seconded by Council MemberLielrenewal of the On/Off Sale 3.2 Beer Licenses effective July 1, 201130, 2012. A vote being recorded as follows: For: Council Membersson, Coenen and Mayor Kirckof. Against: None. The motion passed.
d. Every year by June 30th, Cigarette Licenses are up for renewal. To date, all of theapplicants have the appropriate paperwork ( Application and Workman's Coinp)completed and have paid the fee. Listed below are the Cigarette Licensees and LicenseNumber that the City has:
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LICENSEE LICENSE #
Next Door Bar & Lounge VII 2011 -32
West Side Liquor 2011 -33
The Moonshine Shoppe 2011 -34
Bear Trap 2011 -35
Mustang Bar 2011 -36
M & M's Corner Bar 2011 -37
Coborn's 2011 -38
Sauk Centre Fleet Supply 2011 -39
Schaefer's Market 2011 -40
Holiday /Kranz Super Stop 2011 -41
Casey's General Store 2011 -42
NorthStar of Sauk Centre 4 ' 2011 -43ti ;Wal -Mart Stores, Inc. 2011 -44
Truckers Inn 2011 -45
J.T. Pub & Grill . F 20117 46Gas Mart of Sauk Centre OI`1 -47
A motion was made by Council Member Johnson andwas seconded by Council MemberStone to approve the renewal of the_ cigarette license ctive July 1, 2011 and expiringJune 30, 2012. A vote being recorded as follows: for Council Members Johnson,Stone, Coenen, Olson and Mayor Kirckof Against: None Themotion passed.
e. Sauk Centre Opportunities has requested &M Approval (Lot Split) of as
parcel adjacent ttq gBelthne Road. The is located within the I/C Zoning Districtwhich requiresa minimum ;.lot area of` "5,000 square feet. The new parcel and theremainder parcel will bothsexceed this minimum. The resulting parcel will be a 3.67 acretract lying east of ,Beltline oad, SW of Errblom Construction and south of FletchersBait There will be no access directly off, Beltline Road. The parcel is supposed to besoldAb ai adjacent landowner. The °dividing line of the existing parcel is physicallylocated where the drainage ditch crosses the property.
Satik .Centre City Code allows" for the administrative Recommendation of Lot Splitswhere the resulting par'cels meet all the criteria "for a legal parcel as outlined in the Code.This proposal meets a . ,criteria and is therefore submitted directly to the City Council for
Council MemberStone introduced Resolution No. 2011 -26, Resolution Approving aMinor Subdivision (Lot Split) for Sauk Centre Opportunities, Inc. The motion was
seconded by Council Member Olson. A vote being recorded as follows: For: CouncilMembers Stone, Olson, Coenen, Johnson and Mayor Kirckof. Against: None. The
motion passed.
f. & g. According to prior Council Action, quotes were obtained for various mill and overlay andsidewalk projects. Quotes were opened on May 24, 2011. One quote was received foreach project.
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Mill and Overlay Quote Central Specialties9"' Street Sidewalk Quote A & J Lawncare & Concrete
The Operations Committee met and reviewed seven different combinations of optionsand submit for the Council's consideration two Options phis the Total option. The Citybudgeted $100,000 in improvement fund dollars for 2011.
Total: Includes All projectsOption A: Includes All Mill and Overlay /Deletes SidewalkOption B: Includes Sidewalk / Deletes Birch Mlland Overlay
Storm Water 10 000.00 10,000.0:0 10,000.00
v
TOTAL xi 91,596.75 68,329.25 62,932.25fir, r
All options were prestinted togethef however separate action by Resolution will be takenfor the Ivll aidOverla and the Sidewalk Installation.
Ifi 2010 the City ° solicited quotes :` for the installation of a handicap accessible sidewalkal'ong.9 th Street from Street to the school. In addition to handicap accessibility, theCity,considered the sdf6ty of the existing sidewalk that is four foot wide directly adjacentto the curb. Safety of our children walking to school was the primary factor inconsideration . of widening the sidewalk. Currently, City specs require a five footsidewalk where a boulevard is present; however, the City has installed wider sidewalkswhen adjacent'to curbs to allow for a buffer otherwise provided by a grass boulevard aswell as for snow storage.
The City Engineer prepared plans and specifications for the sidewalk which includes theinstallation of all code required handicap accessibility requirements at the street anddriveway entrances along with a new six foot wide sidewalk.
In 2010 the Council deterinined not to proceed with the project because only one quotewas received.
All options were prestinted togethef however separate action by Resolution will be takenfor the Ivll aidOverla and the Sidewalk Installation.
Ifi 2010 the City ° solicited quotes :` for the installation of a handicap accessible sidewalkal'ong.9 th Street from Street to the school. In addition to handicap accessibility, the
City,considered the sdf6ty of the existing sidewalk that is four foot wide directly adjacentto the curb. Safety of our children walking to school was the primary factor in
consideration . of widening the sidewalk. Currently, City specs require a five footsidewalk where a boulevard is present; however, the City has installed wider sidewalks
when adjacent'to curbs to allow for a buffer otherwise provided by a grass boulevard aswell as for snow storage.
The City Engineer prepared plans and specifications for the sidewalk which includes theinstallation of all code required handicap accessibility requirements at the street and
driveway entrances along with a new six foot wide sidewalk.
In 2010 the Council deterinined not to proceed with the project because only one quotewas received.
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Council Member Johnson introduced Resolution No. 2011 -27, Resolution AcceptingQuote for Mill and Overlay Project and Ordering Project to Proceed (Pine, Birch andTenth) and Resolution No. 2011 -28, Resol Accepting Quote for the Construction ofa Handicap Accessible Sidewalk on 9 Street South. The motion was seconded byCouncil Member Olson. A vote being recorded as follows: For: Council Members
Johnson, Olson, Stone, Coenen and Mayor Kirckof. Against: None. The motion passed.
h. The City currently offers employees the opportunity to participate in two 457 self fundedretirement plans; Nationwide and the MN Deferred Comp Plan ' Participation in the plansare made by direct deduction from the employee's payroll check.
There have been recent legislative and regulatoryclianges which require the City'sacknowledgement and acceptance. The main change isjhat contributions to ROTH can.now be facilitated through the contribution .xand there will be additional investmentoptions available.
A motion was made by Council Member Stone and Was "'s by Council MemberOlson to acknowledge and accept Federal Regulation Changes within the NationwidePlan Documents. A vote being recorded as follows For: Council Members Stone,Olson, Johnson, Coenen and Mayo'' ckof. Against: None. The motion passed.
i. Ambulance Director Kathy Struffert is recoinmendingthat Nicole Westbrock bepromoted to fall EMT status effective M-- mediately 3Westbrock was appointed as aProbationary EMT o June 4, 2010 ahah̀as me9he requirements to become a fullmember of the crew.
A motion was made . Council Member Stone and was seconded by Council MemberCoenen to appoint Nicole Westhr' &to full EMT status at the rate of $12.23/hour for runhours, n$200/hqur foron call and $7.25/hour for training. A vote being recorded asfollows: For , Council IVlenbers Stone, Coenen, Olson, Johnson and Mayor Kirckof.Against: None. The motion passed.
8. UNFINISHED BUSINESSa. Updated job descriptions for the Public Works Foreman for Streets and Park have been
forwarded to .Springsted for grading. They will be reviewed by a Committee for theirrecommendation at: an upcoming meeting.
9. NEW BUSINESS
None.
10. CONSENT AGENDA
The Council considered the following consent agenda items:
a. Schedule of Claims — total of unpaid claims: $23,574.28 and paid claims of $1,744.06for a total of $25,338.34.
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b. Resolution No. 2011 -29, Resolution Accepting Contribution.
The Men's Card Playing Group $ 227.68 Senior Center
ECM Publishers, Inc. $ 300.00 Fire DepartmentECM Publishers, Inc. $ 175.00 Friends of the LibraryECM Publishers, Inc. $ 100.00 Senior Dining/Meals on WheelsAnonymous Donors $ 40.00 Street Lighting BeautificationRite Now Tanning & Hair Salon $ 50.00 Street Lighting BeautificationGradatim Club $ 100.00 Street Lightan -g B̀cautificationSauk Centre Seniors $ 40.00 Street Lighting BeautificationMinnesota National Bank $ 50.00 Street Llghtirig BeautificationSubway $ 50.00 Street'Lightmg „ BeautificationAdvantage 1 Insurance Agency $ 25.00 Streetlighting BeautificationJessica's Shear Paradise $ 10.00 (z Street Lighting BeautificationBetty Keenan $ 20 00 StreetLighting BeautificationFirst State Bank $ 200'00 2t' Street Lighting Beautification
C. Request from the downtown bars for a Teinporary'Extension of a Premise Permit androad closure for the Sinclair Lewis-,Days Street Dancftjuly 16, 2011. The road closurerequest is a one block area from Mdfif Street (stoplights)A' o,,Oak,Street. The bars plan toclose the road at 5:00 p.m. for set” p aridre open at 2: 0 ' following clean up. Thefenced area will be from the east side of the "' Red =Carpet across to Main Street Drug and at
3
the intersection of Oak Street.
The Street Dance %Road" sure Permit will be sent to Jodi Teich at the County afterCouncil approval
d. Request from Jeff Thang, dba Grill for a Temporary Extension of PremisePennit for a Fundrais&N&r. J.D.R.` "E. (Juvenile Diabetes Research Foundation) on Junehj ""2011 from 4::00 p m ti111 P.M.
e. "' Requests from Melanie Roenng, dba: M & M's Corner Bar and Richard Elfering dba:Sportsman's Bar foi a Temporary Extension of Premise Permit for Sauk -A- Palooza onSaturday, :June 18, 201;1; from 2:00 p.m. till 1:00 a.m.
f. Requests frod aRohde, dba: Mustang Bar and Eric Hellermann, dba: Next DoorBar & Lounge,. VII, LLC for a Temporary Extension of Premise Pen for a fundraisingbenefit for Ken Stepan on July 17, 2011.
A motion was made by Council Member Stone and was seconded by Council Member Johnsonto approve the Consent Agenda as presented. A vote being recorded as follows: For: CouncilMembers Stone, Johnson, Olson, Coenen and Mayor Kirckof. Against: None. The motion
passed.
Mayor Kirckof thanked those who donated.
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11. INFORMATION ITEMS
a. Officer Dustin VonWahlde advanced to Step 4 ($22.51) of the Union Pay Scale effectiveMay 15, 2011. He has been with the City since March 23, 2008.
b. The preliminary County Capital Improvement Plan for road improvements was presentedto stakeholders and the public on May 24 and is being forwarded to the County Boardfor approval.
Projects that impact or are near Sauk Centre include aRoad in 2014 from Highway 71 to Sinclair Lewis AveCity limits from 395 to 4) and resurfacing of 185 (out:
The County has been contacted regarding posof Beltline Road from Highway 71 going west.
12. ADJOURNMENT
A motion was made by Council Member Olson and wasto adjourn the meeting. A vote being recorded as folJohnson, Stone, Coenen and Mayor Kirckof. Against: N
With no further business to come before
8:30 p.m.
forxresurfacing of Beltlineresurfacing of 186 (outsidehits from 421 to 126.)
r work t0 the 12" Street portionprior to that date.
ed'by Council Member JohnsonFor: Council Members Olson,le motion passed.
Mayor Kf cko adjourned the meeting at
Respectfully submitted,
Ma Vicki M. Willer
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City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: Police Department Monthly Report
Agenda Item: 6a
Description /Summary
See attachments 6a - May 2011 Monthly Report.
Action Requested:
Action Taken
Motion: Second:
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Offense_Description UCR_CodTotal Number911 HANG UP 09837 2ADMINISTRATIVE CITATION 09099 3ALARM - FALSE 09807 8ALL OTHER CITY ORDINANCES 09838 4
ASLT 4 -FE- INFLICTS BOD HARM -HANDS ETC- POLA4357 1
ASSIST - PERSONAL ASSIST 09732 3ASSIST BUSINESS 09866 5ASSIST MELROSE PD 09862 4
ASSIST OTHER LAW ENFORCEMENT AGENCY 09878 1ASSIST STATE PATROL 09860 5ASSIST STEARNS COUNTY 09863 6ASSIST TODD COUNTY 09864 4ATTEMPT TO LOCATE 09867 1ATV - ALL OTHER VIOLATIONS 09578 1BAR CROWD 09828 1
BURG 2 -UNOCC RES FRC -N -UNK WEAP -COM THEB2364 1
BURG 3 -UNOCC RES FRC -U -UNK WEAP -COM PR(B3395 1CHILD CUSTODY 09992 6CITIZEN CONTACT 09897 1CIVIL MATTER 09831 1
CRIM AGNST ADM JUST -GM -GIVE FLSE NAM- POLX2200 1
a. Amendments to Zoning Ordinance (Outdoor Solid Fuel Heating Devices) (P.5 -13)
5. Reports /Presentationsa. April and May 2011 Building Permit Report (P. 14- 16)
6. Action Items
a. Amendments to Zoning Ordinance (Outdoor Solid Fuel Heating Devices) (P.17)
7. Unfinished Business
8. New Business
9. Informational Items (P.18 -22)a. Variance, law changesb. Nuisance complaints and tall grassc. Address Numbers
10. Commission Comments
11. Adjournment
P.17
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: Park Board Report
Agenda Item: 6c
Description /Summar
The Sauk Centre Park Board met on Tuesday, June 7, at 5:00 p.m. for its regularmeeting.
They heard a proposal from the Sauk River Watershed District on a proposed extensionof the Sinclair Lewis Park Restoration Project which is set to expire this year.In addition to the proposal to extend the Agreement for the Shoreline Restoration, theWatershed is proposing to enter into a maintenance contract with the City for ongoingmaintenance of the shoreline.
The Park Board also reviewed all the buildings at the campground to begin planning forfuture upgrades. Discussion ranged from total replacement of the storm shelter into amulti purpose building and restrooms to upgrading of existing restrooms. They also willbe reviewing the electrical and sewer /water layout at the next meeting.
The Board is recommending the approval of a quote for the well and water system forMorning View Park.
The Board also began reviewing the Master Park Plan for updates.
Action Requested:
Informational
Action Taken
Motion: Second.
P.18
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: EDA Report
Agenda Item: 6d
Description /Summary
See attached agenda. (Meeting to occur Tuesday, June 14, 2011)
Action Requested:
Action Taken
Motion: Second:
P.19
SAUK CENTRE ECONOMIC DEVELOPMENT AUTHORITYREGULAR MEETING
TUESDAY, JUNE 14,2011 — NOON
AGENDA
1. Call to Order /Roll Call /Pledge of Allegiance
2. Approval of Agenda
3. Approval of Minutesa. May 17, 2011 (P. 1 -2)
4. Reports /Presentationsa. Sauk Centre Chamber of Commerce — Representative Dennis Heinenb. Sauk Centre Opportunities — Representative Kevin Uphoff
5. Action Items
a. Revolving Loan Fund Application — Sheyenne Sebeck (P. 3 -48)
The full bid tab is attached for your review. Once the well is in and tested for gallons perminute the correct water system (pump size) will be installed.
The Park Board reviewed the quotes and is recommending the City proceed with theinstallation of the well to Atkinson Well Drilling.
Action Requested:
Approve Resolution 2011 -30 Accepting Quote for Installation of an Irrigation Welland Water System at Morningview Park.
Action Taken
Motion; Second.
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P.23
RESOLUTION NO. 2011 -30RESOLUTION ACCEPTING QUOTE THE INSTALLATION OF AN
IRRIGATION WELL AND WATER SYSTEM AT MORNINGVIEW PARK
WHEREAS, pursuant to a request for quotes for the installation of a well and watersystem at Morningview Park, quotes have been received, opened and tabulated accordingto law as follows:
WHEREAS, it appears that Atkinson Well Drilling is the lowest responsible bidder.
BE IT RESOLVED BY THE CITY COUNCIL OF SAUK CENTRE,MINNESOTA:
That the Mayor and City Administrator /Clerk are hereby authorized and directedto enter into a contract with Atkinson Well Drilling in the name of the City of SaukCentre, MN, for the project according to the specifications outlined and approved by theCity Council and on file in the Administration Office.
Adopted this 15th day of June, 2011.
Mayor Brad A. Kirckof City Administrator /Clerk Vicki Willer
P.24
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: Part Time Officer
Agenda Item: 7c
Description /Summary
The City of Melrose and the City of Sauk Centre have jointly interviewed candidates forthe position of Part Time Police Officer and have reached a recommendation. Theofficer will work for both agencies to fill in where needed.
The selected candidate is Matthew Jerome Moorman.
The candidate is currently undergoing the pre - employment testing to include backgroundand psychological testing after which he will be eligible for employment and licensure. .
Action Requested:
Appoint Matthew Jerome Moorman as a Part Time Police Officer at Step One20.65) of the Wage Scale following successful passage of Background andPsychological Testing.
Action Taken
Motion: Second:
P.25
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: Sinclair Lewis Park Shoreline Restoration Project
Agenda Item: 7d
Description /Summar
Sauk River Watershed District has proposed to the Park Board and the Park Board isrecommending to the City Council that the Existing Agreement for the prior ShorelineRestoration Project be renewed to include the expansion of the existing buffer to complywith the original design and the installation of split rail fencing. The proj ect area is fromthe bandshell to the stormwater outlet by the playground. The existing agreement is setto expire this year.
The Watershed is proposing to extend the agreement for an additional ten years whichwill include the removal of most of the grasses and replacement with flowers. The Citycost share would be in -kind services of the Public Works Department to install a split railfence from the All School Reunion bridge to the storm water outlet (near theplayground). A copy of the proposed Financial Assistance Agreement is attached forreview.
The Ongoing Maintenance Plan is a separate agreement.
Action Requested.
Approve the Financial Assistance Agreement with Sauk River Watershed for anadditional ten years.
Action Taken
Motion: Second:
P.26
An
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Proposed Area Approx 2,500 ft2
D Total Project CostI Labor & Materials = — $6
D Total SRWD Grant FundingV" I 4,875.00
Total City Cost
1,625.00
Can be covered entirely with In-Kind match
P.28
SAUK RIVER WATERSHED DISTRICT
BEST MANAGEMENT PRACTICE
FINANCIAL ASSISTANCE AGREEMENT FOR
COST SHARE PROJECTS
THIS AGREEMENT ( "Agreement "), entered into this day of , 2011, by andbetween the undersigned property owners ( "Owners ") City of Sauk Centre of Parcel94.57810.0500, (_Legal Description: 48.13 A PART OF SE4NE4 AND OF NE4NW4 AND OFNW4NE4 AND OF LOT 1 & 15 AUD, SUBD, OF N2S2 a full description of which is attached asExhibit A, and incorporated by reference), and the Sauk River Watershed District (District).
DEFINITIONS
The terins used in this Agreement have the meanings as defined in Minn. Stat. ' 103F.701
through 1031 (2002) and Minn. Rules Chapter 7076. In addition, the following terms shallhave the meanings set forth below:
Project. As used in this Agreement, the word "Project" shall have the meaning defined in Minn.Stat. § 1031 and shall include actions taken by an individual to implement Best ManagementPractices (BMPs) under this Agreement.
In -Kind Contribution. The value of a non -cash contribution to meet the cost sharing obligationof the District. Subject to approval of the State and the District, an in -kind contribution mayconsist of charges for real property and equipment or the value of goods and services directlybenefiting the Project.
Operation and maintenance. Activities required to provide for the dependable and economicalfunction of a BMP during its useful life. Operation means effective and efficient control of theprocesses and equipment, structures, facilities, accessories or appurtenances which make up theBMP, including but not limited to financial and personal management, record keeping,laboratory processes and planning. Maintenance means the preservation of functional integrityand efficiency and includes preventative maintenance, corrective maintenance and equipmentreplacement.
GENERAL RECITALS
1. Improvement Project. The undersigned Owner has requested financial assistance from theSauk River Watershed District for implementation of a Project on Owner's property described inExhibit A. The Project will involve expansion ofexisting buffer to comply with original designand installation ofsplit railfencing. The Project plans and detailed description of operation andmaintenance are attached as Exhibit B, incorporated by reference into this Agreement andintegral and enforceable parts of this Agreement.
2. Maintenance and Continued Operation. Owner will, at Owner's expense, be responsiblefor the operation and maintenance of the Project during its minimum effective life of 10 years
P.29
from the date of implementation described in paragraph 3, below. If Owner fails to operate andmaintain the Project or removes or modifies any Project component during the Project's effectivelife, without written consent and approval from the Watershed District, the Watershed Districtmay require Owner to repay to the Watershed District the amount of financial assistance.provided under this Agreement. Owner agrees to allow representatives of the State andWatershed District to inspect the Project's implementation, operation and maintenance.
3. Implementation schedule. Owner shall implement the Project in accordance with thefollowing schedule: The Owner must begin Project implementation by June 15"', 2011 unlessthe Watershed District agrees in writing to extend this date. If the Project is not implementedand there is no extension, this Agreement shall be automatically tenninated and the District shallhave no further obligations hereunder. Owner shall complete the Project by June 15 2012,unless the Watershed District agrees in writing to extend this date. If the Project is notcompleted and there is no extension, the Watershed District may: (1) cease future payments ofProject costs and recover costs already paid according to this Agreement; (2) undertake tocomplete the work at Owner's expense; or (3) take any other action allowed under thisAgreement.
4. Standards. Owner is responsible for ensuring that the Project is planned and implemented inaccordance with the technical standards and specifications of the Design Plan and Operation andMaintenance Plan on file with the Watershed District.
5. General Conditions.
a) Permits. Owner shall be responsible for obtaining all necessary permits andapprovals for activities undertaken pursuant to this Agreement.
b) Use of funds. A Project costs is only eligible for financial assistance if it isreasonable, necessary, and allocable to the Project as determined by theWatershed District. Funds received under this Agreement shall be usedexclusively for the purposes of this Agreement and in accordance with Minn.Rules Part 7076, or other State or Federal financial assistance programregulations.
c) Liability. Owner hereby releases and agrees to indemnify, defend and hold theSauk River Watershed District, the State of Minnesota, and their agents andemployees harmless from any and all claims or actions arising from theperformance of this Agreement including the installation, operation andmaintenance of the Project.
d) Competitive bids. Unless otherwise agreed to by the Watershed District, Ownershall obtain two bids for any construction activity undertaken pursuant to thisAgreement. All bids shall be submitted to the Watershed District.
2
P.30
FINANCIAL RECITALS
6. Source of Financial Assistance. Owner understands that the finance assistance providedunder this Agreement is made available through an established Watershed District Projectimplementing one or more state or Federal financial assistance programs. Project funds mayinclude local, state and /or Federal funds under a variety of conservation programs. Inconsideration of the receipt of the financial assistance, Owner agrees to be bound by theregulations implementing such conservation programs.
7. Grant Agreement. The Owner agrees to a grant of an amount not to exceed $5,000 for theProject. This provision may be amended to allow for additional grant dollars to cover (1)eligible increased costs as detennined by the Watershed District or (2) increased costs due toforces majeure, site conditions or contractor availability. The Owner understands that the fullamount of the grant is subject to recovery by the Watershed District as provided below.
8. Project Lien. The entire cost of the Project plus an administration fee of simple (3.5 %)annual interest constitutes a lien on the property for the purpose of securing Owner's compliancewith this Agreement. Upon default under this Agreement, Owner consents to the conversion ofthis lien to an assessment pursuant to Minn. Stat. ' 103D.631 against the Owner's propertydescribed on attached Exhibit A. The terms of this provision shall survive termination of thisAgreement.
9. Waiver of Appeal of Assessments. The Owner hereby waives objection to any irregularitywith regard to the assessment described above, waives any claim that the amount of assessmentlevied is excessive, and waives any right to appeal the amount of the assessments or theprocedures followed for the approval of the Project.
10. Reimbursement /Payment of Costs. Upon implementation of the Project pursuant to thisAgreement, Owner shall make a claim for reimbursement to the Watershed District, and theWatershed District shall reimburse Owner the lesser of: (a) 75% of actual eligible or approvedproject costs; or (b) the grant amount listed in paragraph 7 above.
Forms for reimbursement will be provided by the Watershed District. Payment is contingentupon satisfactory performance and any approvals necessary from agencies other than theWatershed District. All costs must be reasonable, necessary, and allocable to the Project asdetennined by the Watershed District. All reimbursed costs, including in -kind contributions,must be supported by documentation
DEFAULT AND TERMINATION
11. Default and Waiver. Funds received under this Agreement shall be used exclusively forthe purposes of this Agreement and in accordance with Minn. Rules Part 7076. The Owneragrees to comply with all provisions of Minn. Stat. ' ' 103F.701 -761 (2002), Minn. Rules Part
3
P.31
7076, other state or Federal financial assistance program regulations, or the regulationsimplementing any conservation program through which financial assistance is being providedunder this Agreement. The Owner shall be in default of this Agreement i£ (1) false ormisleading infonnation has been provided in connection with this Agreement; (2) the Ownerfails to comply with provisions of Minn. Stat. ' ' 103F.701 -761 (2002), Minn. Rules Part 7076,other state or Federal financial assistance program regulations, or the regulations implementingany conservation program through which financial . assistance is being provided under thisAgreement; or (3) the Owner fails to make delivery of any work product specified in thisAgreement. If the Watershed District declares a default under this provision, the WatershedDistrict may hold the Owner liable for all costs and damages, including reasonable attorney'sfees and interest.
12. Termination. In the event of default under this Agreement, the Watershed District may, inaddition to any other remedy provided at law or in equity, by written notice of default to theOwner, terminate the whole or any part of this Agreement. Such termination shall be effectivefive (5) days after the date of written notice to the Owner. Payment by the Watershed Districtfor any work performed under this Agreement prior to termination shall be at the sole discretionof the Watershed District.
13. Recovery of Financial Assistance in Default. Any amounts due to the Watershed Districtunder the Agreement shall become immediately due and payable to the Watershed District, andthe Watershed District may immediately, enforce the full amount due under the lien provision inparagraph 8 above.
SPECIAL CONDITIONS
1. Landowner must follow the Operation and Maintenance Plan to the best of their abilityby using the Operation and Maintenance document provided to theirs.
2. The landowner is required to attain the proper permits.
GENERAL PROVISIONS
14. Non - discrimination. Owner must comply with the provisions of Minn. Stat. Chapter 363A2002) and Minn. Stat. ' 181.59 (2002).
15. Records. Owner shall maintain accurate books and records, documents and accountingprocedures related to this Agreement. Such records shall be available to the State of Mirmesotaand the Watershed District and shall be kept for a period of no less than five years after thetennination of the Agreement.
16. Antitrust. Owner assigns to the Watershed District any and all claims for overpayment as togoods and services provided in this Agreement resulting from state and /or federal antitrustviolations.
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17. Document Ownership. All documents prepared in coiuiection with the performance orobligations of this Agreement shall be provided to the Watershed District, and Owner shall notuse any documents for any purpose other than the performance of this Agreement.
18. Agreement runs with the land. This Agreement runs with the land. Unless otherwiseagreed to by the Watershed District, if the property is sold, leased or otherwise transferred beforeexpiration of the effective life of the BMPs in paragraph 2 above, subsequent Owner shall bebound by the terns of this Agreement.
19. Binding on successors and assigns. This Agreement shall bind and obligate the parties andthe parties' successors and assigns.
20. Agreement to be recorded. This Agreement will be recorded by the Watershed District inthe office of the County Recorder or Register of Deeds, if applicable, in the county in which theproperty is located. Owner consents to such recording and shall execute any additionaldocuments necessary for recording. Owner shall be liable for all costs, including attorney's fees,for any modification of this agreement or recorded instrument made necessary by Owner'ssubdivision of the Property.
21. Amendments. Any amendments to this Agreement must be in writing and must beexecuted by all of the parties to this Agreement and their successors and /or assigns.
22. Severability. If a provision of this Agreement is held invalid, illegal or unenforceable inany respect, it shall not affect any other provision of this Agreement.
23. Effective Date. This Agreement shall become effective on the date of the final requiredsignature.
24. Owner's Representation of Legal Description. Owner has provided abstract or legaldescription used in Exhibit A.
25. Subject to Final Board Approval. This Agreement is subject to the final approval of theSauk River Watershed District.
The parties have executed this Agreement as of the Effective Date.Signature page to follow]
5
P.33
Owner(s):
Print Name
Signature
Address)
STATE OF MINNESOTA
COUNTY OF
On this day of , 20, before me, a Notary Public within and for said County,personally appeared , to me known to be the person describedin, and who executed the foregoing instrument, and acknowledged that _he executed the saine as his /herfree act and deed.
Notary Public
Print Name
Signature
Address)
STATE OF MINNESOTA
COUNTY OF
On this day of , 20, before me, a Notary Public within and for said County,personally appeared , to me known to be the person describedin, and who executed the foregoing instrument, and acknowledged that _he executed the same as his /herfree act and deed.
Notary Public
0
P.34
SAUK RIVER WATERSHED DISTRICT
STATE OF MINNESOTA
COUNTY OF
Its
On this _ day of , 20, before me, a Notary Public within and for said County,personally appeared , to me known to be the person described in,and did say that he is the of the Sauk River Watershed
District, and that said instrument was signed on behalf of the Sauk River Watershed District by authorityof its Board of Managers and acknowledged said instrument to be the free act and deed of the Sauk RiverWatershed District.
RINKE- NOONAN
Suite 300 US Bank Plaza
1015 W St. Germain St.
P.O. Box 1497
St. Cloud MN 56302
Notary Public
7
P.35
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: Maintenance Contract for Shoreline Restoration Project
Agenda Item: 7e
Description /Summary
The Sauk River Watershed District has proposed to enter into an agreement with theCity for the ongoing maintenance of the Shoreline Restoration project.
The Watershed proposes to provide ongoing maintenance (weeding etc.) for an annualmaximum cost of $2,480 for years 1 & 2 and $1,680 per year thereafter. This is basedon the usage of volunteers with Watershed staff time billed at $40 per hour.
The Park Board recommends the City enter into the contract with a not to exceed peryear of $2,500.00,
Action Requested.
Approve Contract with Sauk River Watershed for Ongoing Maintenance of theShoreline Restoration Project as proposed.
Action Taken
Motion; Second.
Fj Signing of new "Maintenance Contract" between
SRWD and City of Sauk CentreSRWD will conduct maintenance with assistance from
volunteers
Students
Master Gardeners
SRWD will bill the City for staff time40 per hour / per staff
Only as needed — In -Kind will be used first
Not to exceed agreed upon amount
1
Total Maintenance Cost - Year 1 - 2
of Staff Rate Hours of Times /year Total
Watering of New Plants -First Year 1 40.00 1 20 800.00
Weeding 2 40.00 7 3 1,680.00
Total Maintenance Cost - Year 1 - 2 2,480,00Total Maintenance Cost - Year 3 -10 1,680.00
P.37
2011 CONTRACT FOR
MAINTENANCE SERVICES
City of Sauk Centre and Sauk River Watershed District
This Agreement is entered into by and between City of Sauk Centre and the Sauk RiverWatershed District.
WHEREAS, the City of Sauk Centre desires to have the Sauk River Watershed District perfonnmaintenance services pursuant to certain terms and conditions, and
WHEREAS, the Sauk River Watershed District has the requisite skill and experience necessaryto provide maintenance services, now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties heretoagree as follows:
1. Scope and Schedule of Services to be Performed by Sauk River Watershed District. The SaukRiver Watershed District shall perform those services described in Exhibit A, Scope of Work andExhibit B, Schedule and Annual Checklist of Services, attached hereto and incorporated hereinby this reference as if fully set forth. Sauk River Watershed District shall submit an annualchecklist on the form provided in Exhibit B by December 31, 2011. In performing all servicesunder this Agreement, the Sauk River Watershed District shall at all times comply with allfederal, state, and local statutes, rules and ordinances applicable to the performance of suchservices and the handling of any funds used in connection therewith. Only prior writtenagreement of the parties may modify the scope or schedule.
2. Compensation and Method of Payment
A. Total Compensation The total amount to be paid for 2011 shall not exceed twothousand dollars ($2,500.00) and from then until termination of this agreement, shall notexceed one thousand five hundred dollars ($1,500.00) unless mutually agreed upon inwriting between City of Sauk Centre and the Sauk River Watershed District.
B. Compensation Rates Compensation for Services shall be in accordance with the ratesset forth in Attachment C, Compensation Summary Sheet 2011, attached hereto andincorporated. by this reference.
C. Method of Payrnent City of Sauk Centre shall make a payment to the Sauk RiverWatershed District based on year end billing for services performed. City of Sauk Centreshall pay the Sauk River Watershed District for services rendered within thirty days afterreceipt of a billing voucher and completed copies of the appropriate annual checklist inExhibit B. The Sauk River Watershed District will be reimbursed for actual services
performed.
3. Tenn of Agreement This Agreement shall be in full force and effect for a period commencingApril 1, 2011 and ending December 31, 2011 unless sooner terminated under the provisionshereinafter specified. The tenn of this Agreement may be extended for one year ifmutuallyagreed in writing between City of Sauk Centre and the Sauk River Watershed District.
4. Record Keeping and Reporting_
A. The Sauk River Watershed District shall maintain accounts and records, includingpersonnel, property, financial and programmatic records which sufficiently and properlyreflect all direct and indirect costs of any nature expended and services performed in theperfonnance of this Agreement and other such records as may be deemed necessary byCity of Sauk Centre to ensure the perfonnance of this Agreement.
5. Termination City of Sauk Centre shall give the Sauk River Watershed District thirty (30) dayswritten notice of its intention to terminate this Agreement. Failure to provide service or productson schedule is cause for contract termination.
6. No Waiver Failure or delay of City of Sauk Centre to declare any breach or defaultimmediately upon occurrence shall not waive such breach or default. Failure of City of SaukCentre to declare one breach or default does not act as a waiver-of-itsright to declare anotherbreach or default.
7. Entire Agreement This Agreement contains the entire Agreement between the parties heretoand no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shallbe deemed to exist or bind any of the parties hereto. Either party may request changes in theagreement. Proposed changes which are mutually agreed upon shall be incorporated by writtenamendments to this Agreement.
8. Notices
Notices to City of Sauk Centre shall be sent to the following address:
Vicki Willer
City AdministratorCity Hall320 Oak Street South
Sauk Centre, MN 56378Phone: (320) 352 -2203
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Notices to the Sauk River Watershed District shall be sent to the following address:
Enviromnental Project Technician524 Fourth Street South, Sauk Centre, MN 56378Attention: Tara Ostendorf
320 - 352 -2231
9. Exhibits to Agreement The following exhibits are. attached to this contract and incorporatedherein by this reference:
Exhibit A: Scope of Work for Landscape and Maintenance Services.Exhibit B: Schedule and Monthly Checklist of ServicesExhibit C: 2011 Compensation Summary SheetExhibit D: Site Map
SIGNATURE PAGES ATTACHED]
fflim"Us
DATED this day of, 2011.
City of Sauk Centre:
Signature
ATTEST:
Signature
STATE OF MINNESOTA
COUNTY OF TODD
On this day of , 20_, before me, a Notary Public within and for saidCounty, personally appeared Mark Blessing, to me known to be the person described in, and whoexecuted the foregoing instrument, and acknowledged that he executed the same with authority of theCity of Sauk Centre.
Notary Public
STATE OF MINNESOTA
COUNTY OF TODD
On this day of , 20_, before me, a Notary Public within and for saidCounty, personally appeared Nathan Burkett, to me known to be the person described in, and whoexecuted the foregoing instrument, and acknowledged that he executed the same with authority of theCity of Sauk Centre.
P.41
Notary Public
SAUK RIVER WATERSHED DISTRICT
James Rothstien
Signature
President of its Board of ManagersSTATE OF MINNESOTA
COUNTY OF STEARNS
On this _ day of , 20_, before me, a Notary Public within and for saidCounty, personally appeared James Rothstien, to me known to be the person described in, and whoexecuted the foregoing instrument, and acknowledged that he executed the same with authority of theSauk River Watershed District Board of Managers.
II. Scope of Services to be Provided by Sauk River Watershed District The Sauk RiverWatershed District shall famish maintenance services to the City of Sauk Centre at the sites setforth below. The Sauk River Watershed District shall famish all labor, tools, equipment,materials, supplies, supervision, transportation, and other items necessary for the completemaintenance, in accordance with the provisions herein.
A. INDIVIDUAL SITES
1. Buffer Area:a) Planted Areas
i. Weeding: These areas will be monitored for noxious and invasive weedsand mechanically and /or chemically controlled annually from April to toOctober 1 once per month, or at least 3 times per year, whichever isdeemed necessary.
ii. Watering: These areas will be watered on an as needed basis accordingto weekly rainfall amounts.
iii. Glyphosate Herbicide An aquatic sage herbicide shall be applied to allindividual sites when the need for weed control arises.
iv. General Repair of Sites: Any structures /areas that need to be repaireddue to foot/boat /natural destruction will be repaired.
5. Fencinga.) SRWD will work with City of Sauk Centre to install split rail fencing on the
boundary of the buffer area
III. Work Prog rain
The SRWD shall submit to the City of Sauk Centre's approval an annual work plan for each task.Annually, the SRWD shall provide a schedule of approximate dates that maintenance describedin the Scope of Work shall be perfonned. The SRWD shall submit the annual work programprior to the City of Sauk Centre issuing the notice to proceed. Upon City of Sauk Centreapproval of the Work Program, the SRWD shall perfonn the work in accordance with theschedule and will notify the City of Sauk Centre if the scheduled work cannot be perfonned asscheduled.
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IV. Fornn Submittals.
The SRWD shall submit the following forms to the City of Sauk Centre as specified. below.
a. An annual "Work Completed" Report detailing work completed for the year.Report due no later than December 31, 2011.
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EXHIBIT B:SCHEDULE AND CHECKLIST OF SERVICES
FREQUENCY CHECKLISTDate Submitted:
Date Work CoiLipleted Lt - aff Comments
P.45
EXHIBIT C:2011 COMPENSATION SUMMARY SHEET
Item # Category Cost
1 Staff Hourly Rate 40.00 per hour2 Mileage 0.51 per mile
FAIMM
EXHIBIT D:AREA MAP
P.47
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: Postage Meter Contract
Agenda Item: 7f
Description /Summary
The City's lease arrangement for the postage meter is up for renewal. The City hasbeen leasing from FP Mailing Solutions through a leasing agent (Axis). We are
proposing to terminate the arrangement with Axis and lease directly from FP MailingServices. The agreement will run from June 20, 2011 to June 19, 2015.
This arrangement will include a new postage meter and scale. The total cost to the Citywill be $35.22 per month. Prior rate was $62.52 per month.
Action Requested.
Approve Entering in Lease Agreement with FP Mailing Solutions as presented.
Action Taken
Motion: Second.
Lt]yv331
FP Mailing Solutions140 N. Mitchell Ct.
Suite 200
Addison, IL 60101 -5629Tel: (800) 341 -6052www.fp- usa.com
Rental AgreementCHECK ALL THAT APPLY
New Customer
Renewal
Change of Ownership
Customer: City of Sauk Centre
FOR UPGRADES, RENEWALS, AND CHANGE OF OWNERSHIP
Account No.: 500067975
Contract No.:
Department:
r:S:': :::Bi in n rrit tt neta( l[
Street: 320 Oak St S
PLEASE PROVIDE ALL RELEVANT INFORMATION
Upgrade From: T1
County:State: MN
1
Promo Code:
Lease Company: Special Promo Terms:
National Account
1
Price and /or Terms Exceptions Approval (attached).
GSA Contract No.:
T'aXID: 41 - 6005530
Master Billing Acct. No.:State Contract No.:
s Master Postage Acct. No.:CPU or UPS (letter must be attached)
d' 1 Y GLnL f'Lv;a•. z:;.a:ria', L > ° .': LL ' ^ni° -12ecurrit alas
Unlimited Resets to be included ULL57 oY e,r Reset Debit (application attached)
Total Monthly Rental 32.95 On- Demand Debit (application attached)
If unlimited resets is not checked above, 1 agree to pay the then - current list price for each occurrence. required)
Terms: 48 - month rental term (60 -mo. Initial term will apply unless otherwise selected). ' ials required)
This agreement and the Terms & Conditions attached hereto shall automatically and without any further action by either party hereto, enew for one year periods following the expiration of. the initial term and any suchrenewal terms, unless and until either party hereto provides written notice to the other party of Its intent to so cancel. Such written notice must be delivered no later than ninety (90) days (or the maximum time period.permitted by applicable law) prior to the end of the current term. Cancellation will be effective at the end of the then - current term. FP can change the monthly rate and fees after the initial term, with 30 days prior notice.
Rental Agreement Terms and ConditionsFrancotyp- Postalla, Inc., dos FP Mailing Solutions, Inc. ("FP "), makes the following agreementswith the customer set forth on the first page of this Rental Agreement ( "Customer') for the Term -an Initial Term (commencing on the Installation Date) - and for any Renewal Term under the termplan customer selected above:
1. EXPLANATION OF PRODUCTS
a. Meter — A device that manages the financial transactions of a mailing machine. This can be astandalone unit or a device, known as a Postal Security Device (PSD), which is inserted andhoused in the mail handling equipment.b. Rental Equipment — Any equipment outside of the meter that is rented from FP. Examplesinclude mailing machine base, accessories, scales, etc. Such equipment may require service,which will be invoiced separately to the customer. 'c. Rental Services — Non- tangible product services that are rented by FP. Examples incluaiatrateguardTM, resets, etc.
i
7 42. FPWILL::
a. Rent to Customer and facilitate installation of the above-listed- eter r r a' "qulpment, and /orservices at Customer's installation address, in good working o re ' to use.
b. Maintain the meter In proper operating conditi by repai ceilent of non- consumableparts. w
3. CUSTOMER WILL: '''
a. Pay FP at lockbox address stated on in s .- W anor at www;fp- usa.com /myaccount.Customer agrees to pay the contract amount FP in advance, either on -line or lhru lockbox.Customer further agrees to use the postage meter for business purposes.b. Intend the rental payments hereunder to be net to FP, and Customer shall pay all sales, use,excise, personal property, stamp, and ad valorem taxes; fees or charges imposed on the shipment,transportation, delivery, ownership, leasing, rent, sale, purchase, possession, or use of theequipment (except Federal or State net Income or franchise taxes Imposed on FP). Customershall reimburse FP upon demand for any taxes paid by or advanced by FP.c. Use reasonable care in the handling and operation of the rented meter, equipment, and /orservices and be responsible for any loss or damage to the rented equipment, including provisionfor proper insurance coverage.d. Not use special attachments, printing plates, or other devices, including electronic scales orsupplies, with the provided equipment unless FP supplies them or agrees to their use In writing.e. Use postage meters only for postage imprinting and recording purposes. - (Tampering with ormisuse of the postage meter(s) is punishable under Postal Laws and Regulations.)f. Make Immediately available for examination and audit by FP or the USPSO any postageevidencing system or PSD in their possession.g. Notify FP of any change in locatlan of the rented meter, equipment, and/or services, andreimburse FP for any reasonable cost incurred by FP as a result of the change.h. Return the rented equipment to FP, at Customers expense, to a location designated by FP, ingood condition; normal wear and tear accepted. Customer also agrees to reimburse FP for anycost FP incurs to return the rented equipment to good condition,1. Pay for rate updating software If rateguard- coverage is not selected.
4, ADDITIONAL TERMS FOR telesetTM METER RENTALS:a. A bank designated by the Postal Service will act as a depository for Customer's advancepostage payments.b. Before resetting its telesetTM' meter, Customer must have at least the amount of the resetincrement in Customers account at the designated bank.c. if FP provides temporary advance funds to Customers account to cover the resettings,Customer agrees to reoay FP's advance within five (5) business days and to pay FP's then- currentservice fee and /or interest.
d. FP will invoice Customer quarterly in arrears for the reset fee (if applicable) on each completedtelephone reset transaction.a. If Customer discontinues its telesetTM Meter rental account, FP will endeavor to have the
USPSO return the funds ( must be over $25) in Customers account within 90 days afterCustomer's written request, per USPS@ CFR Volume 73, Number 210, pages 61255 -61356 andDomestic Mail Manual 604.9.2.8 regulations; but FP does riot guarantee that those funds will bereturned by any specific date.f. telesetTM downloads must be performed on an analog phone line.
5. rateguarcl ":a. FP rateguardT is a service that provides automatic rate upgrades to FP Customers whenUSPS@ rate changes occur. When signed up for rateguardTM, the Customer pays a monthlycharge to be billed on the same billing cycle as their FP postage meter or FP postage scale. TheCustomer will receive updated rates (rate chip, rate card, software download, or other necessaryproducts) — free of charge from FP, per their rateguardTM' Program agreementb. When the rateguard- Gold Level Program option is selected, the Customer will receive oneannual 1" Class Mail- rate change of the calendar year, unless customer contacts FP atorderentryO,fp- usa.com and requests a different rate change for that calendar year, for theaffected FP- supported electronic integrated or interfaced postage scale.c. When the rateguard- Platinum Level Program option is selected, the Customer is eligible toreceive all rate changes per calendar year.for all classes of rate change for the affected FP-supported electronic integrated or interfaced postage scale.d. FP will provide eligible Customers the opportunity to receive the necessary updated rates (ratechip, rate card, software download, or other necessary products). The Customers account mustremain current and be in good standing at the time of each rate change to remain eligible for thebenefits of the rateguard- program.e. The rateguardTM' Program must remain in effect on the Customer's account for a minimum ofthe initial contract term. Once the initial term is satisfied, rateguardTM' will remain in effect until theend of the corresponding rental equipment and /or services rental agreement.f. FP reserves the right to modify pricing with 30 -days written notice, after the initial contract fern.g. rateguardTM' does not cover carrier rate changes: occurring fewer than 60 days from the datethat rateguard- is added to the Customer's existing rental agreement/contract. This restrictiondoes not apply to new Customers who have signed a rental agreement fewer than 60 days beforea carder rate change. '
6. GENERAL PROVISIONS:
a. Customer acknowledges FP's exclusive ownership of the meter(s) and equipment, and thatCustomer has no rights except for use for the Rental Term, and agrees to indemnify and defendFP from any claims, legal actions, and costs (including attorneys fees) resulting from Customer'suse and operation, and will take reasonable action, lo protect FP's ownership.b. THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND FP,SUPERSEDES ANY PRIOR UNDERSTANDINGS OR WRITINGS, AND IS SUBJECT TOWRITTEN FINAL ACCEPTANCE BY FP'S MAIN OFFICE.
c. Notices must be in writing and are given, when received by mail, to Customers or FP's mainoffice or to another address of which Customer or FP later give notice.d. When distribution to customer is selected, the equipment must be set up with the customerwithin 15 days as rental billing will begin at that time. Any billing issues, as a result of delayedinstallation, will be the responsibility of the Customer.
7. IF CLAIMS OR DISPUTES BETWEEN CUSTOMER AND FP SHOULD ARISE:a. If Customer fails to pay rent or other amounts due FP on the date due, or if any legal actioncommences which may result in another's taking of the equipment FP can terminate thisAgreement, without notice or legal action, and Customer will allow FP to enter the location of.theEquipment and repossess it; and Customer will pay FP accrued rent up to the repossession dateor the current term expiration date, whichever comes later, and a delinquency charge of 1-5% permonth (but not in excess of the lawful maximum) on any unpaid amounts until paid. Customerfurther agrees that, should it become necessary to place the account with a collection agency orattorney, Customer will pay all collection costs and attorney fees incurred by FP In addition to otheramounts due.
b. In the event of any litigation between Customer and FP, Customer and FP hereby.agree thatany and all disputes, daims, actions, or controversies arising between the parties of whatevernature (including, but not limited to, any and all contractual, statutory, equitable, or tort claims)shall be brought only in either the United States District Court for the Northern District of Illinois orIn the Circuit Court of the 18th Judicial District, DuPage County, Illinois; and both Customer and FPhereby consent to both venue and personal jurisdiction in those courts to the exclusion of allothers. Each party also waives any right to a trial by jury.
8. ACKNOWLEDGMENT OF DEPOSIT REQUIREMENT:
a. Customer hereby acknowledges that it must transfer funds to the USPS@, through a lockboxbank ('lockbox bank') for the purpose of prepayment of postage on Computerized Meter ResettingSystem (CMRS)- equipped meters ( "Deposit").b. Customer may make Deposits in the lockbox bank account, Identified as United States PostalService - CMRS -FP. The USPSO may, at its discretion, designate itself or a successor as recipientof Deposits by Customer.c. Any Deposit made by Customer shall be credited by the USPS® only for the payment ofpostage through CMRS- equipped meters. Customer shall not receive or be entitled to any interestor other income earned an such Deposits.d. The USPSO will provide a refund in accordance with the rules and regulations governingdeposit of funds for CMRS, published In the Domestic Mall Manual Transition Book or itssuccessor.
e. FP may deposit funds on behalf of Customer. The USPSO will make no such advances. Anyrelationship conceming advances is between Customer and the Meter Manufacturer::f. Customer acknowledges that the terns of this Acknowledgment of Deposit may be changed,modified, orfevoked by the USPSO, with appropriate notice.g. Postal regulations governing the deposit of funds for CMRS are published in the Domestic MailManual Transition Book or Its successor. Customer acknowledges that it shall be subject to allapplicable rules, regulations, and orders of the USPSO.
9. ASSIGNMENTS:
a. FP may assign the payments and other obligations owned by Customer under this RentalAgreement to a third party (the "Assignee ") without any prior notice to Customer. If FP doesmake such an assignment, Customer agrees that the assignee has all of the rights and, remediesgranted to FP under this agreement, but none of FP's obligations. Customer also agrees tounconditionally pay all amounts due under this agreement to the Assignee, without set -off,regardless of any problems that may arise with respect to the equipment or any claims, defense, oroff -sets that you may have or assert against FP.
10, TERM AND TERMINATION.
a. This Agreement shall be for the initial Term set forth on the first page of this Agreement,and shall automatically, without any action by either party, renew for a period of one year,a "Renewal Term ")'at the end of such initial Term. At the end of such Renewal.Agreement, again, automatically renews for an additional Renewal Term, unless terminatedin accordance with the terms of Section 9.
b. Either party to this Agreement may provide notice to the other...party .of. Itsintent not to renew this Agreement pursuant to paragraph (a) above. Such notice must be inwriting and must be delivered to the other party no later than ninety ( 90) days ( or' themaximum time period permitted by applicable law) .prior to the end of the Initial Term or. then -current Renewal Term.
c. This Agreement may be terminated at any time by either party in the event of a material breachof these Terms and Conditions by the other party. In the case of such a breach, the non- breachingparty must provide written notice of such breach to the breaching party. The breaching.party shall.have ninety (90) days (or the maximum time period permitted by applicable law) from the time iireceives such notice to cure such breach.
11. USPSO ACKNOWLEDGMENT:
a. Customer acknowledges that the meter(s) Customer has leased is owned by FP, the lessor,and that It will be surrendered to the lessor immediately upon its demand. Customer furtheracknowledges that use of this meter is subject to the conditions established from time to timeby the USPSO and published in the Domestic Mail Manual. Customer acknowledges Itsunderstanding of the fact that if the meter Is used in any fraudulent or unlawful scheme orenterprises; or is not used for any 12 consecutive month period; or if Customer fails to exercisesufficient control over the use of the meter to preclude its unlawful or improper use; or if Customer.takes or allows the meter to be taken outside the United States without prior written_ permissionof.the Manager, Retail Systems and Equipment, USPSO, Washington, DC 20260 -6807; or'ifCustomer otherwise falls to abide by the provisions of postal regulations and this lease regardingcare and use of the meter; that this rental/lease agreement and any related Customer IdentificationNumber may be revoked. Customer further acknowledges that any use of this meter tofraudulently deprive the USPSO of revenue can cause Customer to be subject to civil and criminalpenalties applicable to fraud and /or false claims against the United States. The submission of afalse, fictitious, or fraudulent statement can result in Inpdsonment of up to 5 years and a fine of upto $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to $5,000 and an additionalassessment of twice the amount falsely claimed may be imposed (31 U.S.C. 3802). A falsestatement In this application or the mailing of matter bearing a fraudulent postage meter imprint;are examples of violation of these statutes.
THESE TERMS AND CONDITIONS APPLY ONLY TO THE METER, RENTED EQUIPMENT,AND /OR SERVICES SET FORTH ON PAGE ONE OF THIS AGREEMENT AND DO NOT APPLYTO ANY OTHER FP EQUIPMENT.
Signature of Customer's Authorized Representative:
By: i•r
Printed Name:Vicki M. Willer, City Admr /Clk
Date: June 20*, 2011
FM_MG_RENTAGR_05 Page 03/15/2010
P.50
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FP Mailing Solutioris
146N. Mitchell Ct., Suite 20.0Addison, 1L 6.0101 -5629
Fhorie 800;341.6052p r: Fax 800:341.5141
www..fp =tisa. com
FP rateguardTM Agreement Addendum1. FP rateguardTM is a service that provides automatic rate upgrades to FP Customers when USPS@ rate changes occur. When signed
up for rateguardTM, the Customer pays a monthly charge to be billed on the same billing cycle as their FP postage meter or.FP,postage scale. The Customer will receive updated rates—free of charge from FP— per their rateguardTM Program agreement.
2. There are two Program levels for FP rateguardTM - rateguardTM Gold level and rateguardTM Platinum level.
3. When the rateguardTM Gold Level Program option is selected, the Customer will receive one annual 1 Class MailTM rate change ofthe calendar year, unless customer contacts FP at or•derent[y@fo- usa.com and requests a different rate change for that calendar year,for the affected FP- supported electronic integrated or interfaced postage scale.
4. When the rateguardTM Platinum Level Program option is selected, the Customer is eligible to receive all rate changes per calendaryear for all classes of rate change for the affected FP- supported electronic integrated or interfaced postage scale.
5. FP Mailing Solutions will provide eligible Customers the opportunity to receive the necessary updated rate chip, rate card, softwaredownload, or other necessary products per carrier rate change for the affected FP- supported electronic integrated or interfacedpostage scale, per Customer's rateguardTM Program agreement. The Customer's account must remain current and be in goodstanding at the time of each rate change to remain eligible for the benefits of the rateguardTM program. FP Mailing Solutionsreserves the right to send the rate updates to the Customer's Authorized FP Mailing Solutions Dealer instead. In this case, the rateupdate will then be forwarded to the Customer in a timely manner.
6. All existing terms of the customer's current equipment contract are still valid. This rateguardTM Rental Agreement ContractAddendum is in addition to those terms, adding the cost of rateguardTM to and extending the current equipment contract for 36months. Once the 36 -month term is satisfied, rateguardTM will remain in effect until the end of the corresponding: postagemeter /postage scale rental agreement. The Customer will continue to be billed for the agreed monthly charge until FP MailingSolutions, or the Customer, cancels the agreement. Proper notice must be provided prior to cancellation as dictated in theCustomer's FP postage meter or FP postage scale rental agreement.
7. FP Mailing Solutions Ireserves. the right to modify the price of the rateguardTM Program with 30 -days written notice, except duringthe minimum 36 -month initial term of the Customer's enrollment in rateguardTM. The latest version of the rateguardTM RentalAgreement and Contract automatically supersedes all previously published versions.
8. Current rateguardTM Program pricing is published to all Authorized FP Mailing Solutions Dealers, and may be added at any time . to allexisting FP Mailing Solutions rental agreements and contracts in good standing. If rateguardTM is added to the contract of aCustomer that is currently leasing their equipment from a third -party company, the Customer's Dealer must process an addendumwith the-leasing company-to include rateguardTM as part of the meter 'pass-through' to FP.
9. The rateguardTM Program does not cover -carrier rate changes occurring fewer than 60 -days from the date that rateguardT.Nf is addedto the Customer's existing rental agreement/contract. This restriction does not apply to new Customers who have selectedrateguardTM on their original rental agreement fewer than 60 -days before a carrier rate change.
wish to enroll in FP Mailing Solutions rateguardTM Program, and agree to all terms and conditions above:
Paid Chk# 031477 SCHNEIDER, ELIZABETH ANN 5/1/2011 484.72 CtyHall /Loan Principal pmt #17Paid Chk# 031478 GISLASON PETROLEUM, INC 5/3/2011 18,596.00 Arprt/Aviation fuel, 4000 gal
Paid Chk# 031479 Tri- County Action Programs,lnc 5/3/2011 720.00 Transit(720 BusTokens f /resalePaid Chk# 031480 JOSE COLE- JOSE L. DIANA 5/6/2011 1,325.69 Arena /AdvanceTktSales Settleme
Paid Chk# 031481 AUTO VALUE SAUK CENTRE 5/9/2011 560.31 Street/Misc air, lube filters
Paid Chk# 031525 G & TA, INC. 5/23/2011 122.38 Police /Repair &sling attachmentPaid Chk# 031526 GRANITE CITY TIRE & AUTO 5/23/2011 425.36 Police /Summer tires (4): f /Squ
Paid Chk# 031527 Granite Electronics 5/23/2011 19.25 Amb /Antenna repair parts
The annual household hazardous waste collection is Saturday, June 18, 2011. The
collection is facilitated by Stearns County. They are asking for assistance by volunteers.
Volunteer activities can include traffic control, unloading vehicles, sorting, emptying paintcans etc. Volunteers are asked to show up at Bueckers by 8:30 a.m. for safety training.Pickup is from 9:00 a.m. to 1:00 p.m.
Volunteers in 2010 were Keith Johnson, Wendy Drobny, Erik Willer, and Vicki Willer.
Products NOT accepted include:D Used Motor Oil @Antifreeze * @Electronics@Unknowns @Explosives Household Garbage
D Appliances @Furniture @Tires
AD Pharmaceutical 0- Medical Waste @Business WasteWaste
Place: City Sanitation, Sauk CentreDate: Saturday June 18 2011Time: gam — 1 prn
Residents are encouraged to use the public used oil facilitieslocated throughout Stearns County.
For more information call Stearns CountyEnvironmental Services at 1 -800- 450 -0852 or (320)
656 -3613. THANK YOU!
P.59
Clean Up Time 2007.01
City of Sauk CentreStaff Report
Meeting Date: June 15, 2011
Subject: CAPX 2020
Agenda Item: 11b
Description /Summary
The Minnesota Public Utilities Commission is schedule to take the final vote on the routepermit for the CAPX 2020 line on Friday, June 10, 2011.
The route request has been amended since the ALJ's recommendation. Theamendment was submitted by Xcel Energy and the State OES. They have requestedthat the 194 route as if passes Sauk Centre be eliminated from consideration and the
permit be issued for the southern route. This is due to complications surrounding theairport and uncertainties issued by the FAA and MnDot Aeronautics on how that can beaccomplished within Xcel Energy's timeframe.
The DNR, however, does not support this change due to the crossing of the WildlifeManagement Area that would be required of the southern route.
Final determination should be known prior to the Council meeting.