MEMBERS: Keith Allen, Chair Alan Jaques, Vice Chair Terry White

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1 March 24, 2015 LAND AND DEVELOPMENT COMMITTEE Douglas County Board of Supervisors Tuesday, March 31, 2015, 4:00 p.m., Room 207C, Courthouse, 1313 Belknap Street, Superior, Wisconsin Please call the Chair or the County Clerk s Office ( ) if you cannot attend. MEMBERS: Keith Allen, Chair Alan Jaques, Vice Chair Terry White David Conley Charles Glazman A G E N D A (Committee to maintain a two-hour meeting limit or take action to continue meeting beyond that time.) 1. Roll call. 2. Approval of minutes from the February 10, 2015, meeting (attached). 3. Action items/referrals: (a) Douglas County Humane Society: (1) Building/property disposition; and (2) County funding commitment (attached). (b) Enbridge Energy easement request (attached); (c) Forest, Parks, and Recreation Committee request to enter 24 parcels of county-owned land into county forest (attached); (d) Duluth Radio Control Club lease renewal (attached); (e) County Administrator request to utilize $15,000 of designated economic development funds for several activities (attached); (f) Policies and procedures: (1) Land bid withdrawal policy (attached); and (2) Payment of current real estate taxes and special assessments on sales of county-owned parcels (attached); and (g) Development Association reporting to Land and Development Committee. 4. Informational: (a) 525 Clough Avenue WITC Lab House update; (b) Report: Administrator Economic Development; and (c) Land Improvement Account Fund balance (to be distributed at meeting). 5. Future agenda items. cc: Shelley Nelson Jason Serck Carolyn Pierce Sue Sandvick Village of Oliver Andy Lisak Jon Harris BID Office (Jodi) Lin Helenius Ann Doucette Village of Solon Springs Mayor Bruce Hagen County Bd. Supervisors David Minor Michelle Hostetler John Ellstad Jean Kioski/Marcy Darby NOTE: Attachments to the agenda are available at the County Clerk s Office for review or copying and at the Douglas County website at Action may be taken on any item listed on the agenda. The County of Douglas complies with the Americans with Disabilities Act of If you are in need of an accommodation to participate in the public meeting process, please contact the Douglas County Clerk s Office at (715) by 4:00 p.m. on the day prior to the scheduled meeting. Douglas County will attempt to accommodate any request depending on the amount of notice we receive. Posted/Daily Telegram/Government Center/Courthouse. 3/24/15 Name Date LAND AND DEVELOPMENT COMMITTEE MISSION STATEMENT To promote the sale of tax-deeded property and economic development, with consideration to the environment and Douglas County s natural resources, and for the benefit of the citizenship to assist in establishing a healthy tax base.

2 LAND AND DEVELOPMENT COMMITTEE Douglas County Board of Supervisors Tuesday, February 10, 2015, 4:00 p.m., Room 207C, Courthouse, 1313 Belknap Street, Superior, Wisconsin Meeting called to order by Chair Keith Allen. ROLL CALL: Present Keith Allen, Alan Jaques, Terry White, Charles Glazman. Absent David Conley. Others present Charlie Deville, Doug Finn, Michelle Hostetler, Shelley Nelson, Andy Lisak, Jason Serck, Jim Caesar, Daniel Brown, Sue Sandvick, Cheryl Westman, Committee Clerk. APPROVAL OF MINUTES: Motion by Jaques, second White, to approve the minutes from the December 30, 2014, and January 7, 2015, meetings. Motion carried. ACTION ITEMS/REFERRALS: Douglas County Humane Society: Building/Property Disposition: Humane Society requested item referral to March 31, 2015, meeting. County Funding Commitment: Operational Agreement Between Douglas County and City of Superior: Agreement between county and city currently being negotiated according to terms of resolution. City also currently in negotiations with Humane Society developing operational agreement to include language regarding care of all strays within Douglas County. Request for $8, from Land Improvement Account to Fund Housing Needs Assessment: Administrator provided background for request, with city and county to share costs for assessment. The county portion is $8, ACTION (REFERRAL/RESOLUTION): Motion by Glazman, second White, to approve $8, from Land Improvement Account, to fund the county s portion of the housing needs assessment, and forward to Administration Committee and County Board. Motion carried unanimously. Douglas County Fish and Game League Request to Re-Appraise Parcel #PA : Parcel was previously appraised at $50, Parcel would be utilized as a buffer to adjacent property used as shooting range if purchased by the DCF&GL. Bid can now be submitted below minimum bid amount as this was previously advertised. ACTION: Motion by Jaques, second White, to approve re-advertising Parcel #PA in April of 2015, noting intent to consider adjacent ownership in awarding bid. Motion carried. Keith Allen abstained. Village of Oliver Request to Extend Memorandum of Understanding: December 31, Memorandum expired ACTION (RESOLUTION): Motion by Glazman, second White, to approve Village of Oliver request to extend Memorandum of Understanding (addendum) for four years, and forward to County Board. Motion carried unanimously. Fairgrounds Parking Lot Brush Removal - $2,200.00: Quotation received for $2, (approximately 10 acres); $ previously approved. Page 1 of 3 Land & Development Committee Meeting, 2/10/15

3 ACTION: Motion by Jaques, second White, to approve bid for fairgrounds parking lot brush removal in the amount of $2,200.00, funded from maintenance account. Motion carried. Superior Business Center: Agreement: Amending agreement to add item 18 (report). Previously approved by City Council and County Board. ACTION (RESOLUTION): Motion by Jaques, second Glazman, to approve addendum to current agreement (number 18) and forward to County Board. Motion carried unanimously. Approval of $3, to Pay Superior Business Center Repair Invoice Amount is Over and Above Previously Approved Funding: Invoice included in meeting packet amount requested revised to $2, ACTION (REFERRAL/RESOLUTION): Motion by White, second Glazman, to approve payment of repair invoice in the amount of $2, from Land Improvement Account, and refer to Administration Committee and County Board. Motion carried unanimously. Approval of the Following: Funding for HVAC Addition: Two estimates in packet (Twin Ports Custom Climate and Gartner Refrigeration Company). Repair funding to come out of SBC rental income. ACTION: Motion by Jaques, second White, to approve moving forward with the HVAC addition work utilizing low bidder, Twin Ports Custom Climate, funded from Superior Business Center operations budget (rental fees). Motion carried. Funding for Mold Removal and Repair: Two estimates in packet (ServiceMaster of Superior-Duluth- Cloquet and ServPro). ACTION: Motion by Glazman, second Jaques, to approve moving forward with mold removal and repairs, utilizing low bidder, ServPro, funded from Superior Business Center operations budget (rental fees). Motion carried. Building Conditions Relating to Tenant Safety and Well-Being: City and county attorneys are currently reviewing lease language. Serck to keep committee updated. Request to Pay 2014 Real Estate Tax Bills for Properties Taken by Tax Deed and Sold in 2014, and Establish Future Policy: County Clerk provided background for this request due to the new tax deed time line. (Memorandum in packet reviewed.) ACTION: Motion by Glazman, second White, to approve payment of 2014 real estate tax bills for properties taken by tax deed and sold in 2014, establish future policy as such, and include estimated current year taxes on bid applications when applicable. Motion carried. Land Bid Withdrawal Policy: Included with members packets reviewed. Amend draft policy as follows: request to withdraw bid must be made within five business days from bid opening; withdrawal penalty of 25%; minimum of $250.00; and remove word forever. ACTION (RESOLUTION): Motion by Glazman, second Jaques, to approve land bid withdrawal policy with amendments as discussed above, and forward to County Board. Motion carried unanimously. Page 2 of 3 Land & Development Committee Meeting, 2/10/15

4 Authorize County Clerk to Accept Land Bids on February 24, 2015: County Clerk requesting authority to accept land bids on February 24, ACTION: Motion by White, second Jaques, to authorize County Clerk to accept land bids on February 24, Members to receive copy of bid results. Motion carried. Informational: Hog Island Disc Golf Course Project Concept Charlie Deville: Deville provided PowerPoint presentation: project to include an interpretive boardwalk and development of world s only disc (18-hole) golf course on an island (Hog Island-owned by Douglas County). Project is in the developmental and concept phase and further research is needed. Committee to be kept informed on project status. Report: Administrator Economic Development: Administrator provided update on goals previously identified. Enbridge Temporary Workspace Approval: Informational County Clerk approved a request from Enbridge for temporary workspace for pipeline maintenance; $4, paid to Douglas County. Land Improvement Account Fund Balance: Distributed - reviewed. ADJOURNMENT: Motion by Jaques, second White, to adjourn. Motion carried. Meeting adjourned at 5:31 p.m. Submitted by, Cheryl L. Westman, Committee Clerk Page 3 of 3 Land & Development Committee Meeting, 2/10/15

5 Roll Call District Number Yes No 1. Pomush X 2. White X 3. Finn X 4. O Brien X 5. Baker X 6. Paine X 7. Glazman X 8. Robinson X 9. Jaques X 10. Quam X 11. Finendale X 12. Lear X 13. Allen X 14. Ryan X 15. Hendrickson 16. Johnson X 17. Liebaert X 18. Corbin X 19. Mock X 20. Conley X 21. Bergman X Roll: Ayes 17 Noes 3 Absent 1 Abstain Passed X Failed Referred Amended Other Rev.03/21/2013 RESOLUTION #56-13 RESOLUTION BY THE ADMINISTRATION COMMITTEE Subject: Animal Shelter Funding Commitment WHEREAS, the City of Superior has bonded for construction of an animal shelter, which could replace both the current City of Superior shelter and the Douglas County Humane Society shelter, as the only shelter in Douglas County, if built to accommodate all animals county-wide, and WHEREAS, in order to construct the size required for a county-wide shelter, the City of Superior is requesting funding from Douglas County. NOW, THEREFORE, BE IT RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Administration Committee and approves a funding commitment of $410,000 to the City of Superior for construction or operation of an animal shelter to include all Douglas County animals, as follows: (1) $50,000 to be paid in 2014; and (2) $40,000 to be paid annually in the years 2015 to 2023 (funding source to be determined by Administration and Administration Committee). BE IT FURTHER RESOLVED that funding is contingent on agreement by the City of Superior that Douglas County towns and villages not be subject to an assessment for usage of the shelter and no county levy be imposed for this funding; and the County Board Chair, Administrator, and Administration Committee Chair are authorized to enter into an agreement with the City of Superior regarding operations. Dated this 20 th day of June, (Committee Action: Unanimous) (Fiscal Note: $410,000 total commitment over 10 years; 2014 funding will reduce 2014 Capital Projects Reserve by $50,000) (Administrative Note: Two-thirds vote of Board-elect required) ACTION: Motion by Corbin, second Paine, to adopt. Motion by Allen, second Baker, to amend and add the following to last paragraph, fourth line: and no county levy be imposed for this funding. Motion carried. Chair Finn explained there is no need

6 Roll Call District Number Yes No 1. Pomush X 2. White X 3. Finn X 4. O Brien X 5. Baker X 6. Paine X 7. Glazman X 8. Robinson X 9. Jaques X 10. Quam X 11. Finendale X 12. Lear X 13. Allen X 14. Ryan X 15. Hendrickson 16. Johnson X 17. Liebaert X 18. Corbin X 19. Mock X 20. Conley X 21. Bergman X for 2/3 vote on this resolution. Motion by Finendale, second Johnson, to require 2/3 vote of Board-elect to pass this resolution. Roll call vote taken on motion failed, with 9 Yes, 11 No, 1 Absent. Voting yes - White, Robinson, Jaques, Finendale, Lear, Ryan, Johnson, Mock, Bergman. Absent - Hendrickson. Motion by Allen, second Baker, to allow public comments. Motion carried. The following individuals spoke in support of county-wide animal shelter, and lauded the cooperation between the Humane Society and Animal Allies: Bob McClelland (Superior Animal Hospital Veterinarian), Rick Sailstad (Animal Allies Director), Jean Kioski (Douglas County Humane Society Secretary), Marcie Barby, Mick MacKenzie (Superior City Councilor). Fundraising for the facility continues and revised, downsized plans are available for review. Further development depends on what the City of Superior decides. Most recent estimate is around $2.7 million, well below the original $3.8 million. New plan is about 8500 sq. ft. building that could be as low as $2.0 million depending on how bids come in. There will be one or two Humane Society members on the new facility s board. Roll call vote was taken on the resolution as amended, passed with 17 Yes, 3 No, 1 Absent. Voting no - Lear, Ryan, Johnson. Absent - Hendrickson. Roll: Ayes 17 Noes 3 Absent 1 Abstain Passed X Failed Referred Amended Other Rev.03/21/2013

9 EXHIBIT A This Exhibit A is attached to and made a part of this Right-of-Way and Easement Grant between DOUGLAS COUNTY, (Grantor), and Enbridge Energy, Limited Partnership (Grantee). GRANTOR S PROPERTY LEGAL DESCRIPTION: WI-DO Lots 01 through 18, Block 12, Oliver Steel Plant Division in the SE/4 SW/4, and including contiguous property which has been made a part of the foregoing described Lots by means of the vacation of streets, avenues and alleys of Section 18, Township 48 North, Range 14 West, Douglas County, Wisconsin. WI-DO Lots 01 through 18, Block 07, Oliver Steel Plant Division in the SE/4 SW/4, and including contiguous property which has been made a part of the foregoing described Lots by means of the vacation of streets, avenues and alleys of Section 18, Township 48 North, Range 14 West, Douglas County, Wisconsin. WI-DO Lots 01 through 18, Block 06, Oliver Steel Plant Division, and including contiguous property which has been made a part of the foregoing described Lots by means of the vacation of streets, avenues and alleys in the SE ¼ SW ¼ of Section 18, Township 48, Range 14, Douglas County, Wisconsin. WI-DO Lots 01 through 09, Block 01, Oliver Steel Plant Division, and including contiguous property which has been made a part of the foregoing described Lots by means of the vacation of streets, avenues and alleys in the SE/4 SW/4 of Section 18, Township 48 North, Range 14 West, Douglas County, Wisconsin Permanent Index Number (P.I.N.): TS , TS , TS , TS , DESCRIPTION OF GRANTEE S RIGHT-OF-WAY ACROSS ABOVE-DESCRIBED PROPERTY: A Permanent Easement, seventy feet (70 ) in width, as installed, as approximately described herein on Exhibit A; along with Temporary Easement and Additional Temporary Workspace areas as indicated. A1 WI-DO , WI-DO , WI-DO WI-DO

10 RIGHT-OF-WAY AND EASEMENT GRANT Prepared By: John McKay 1409 Hammond Avenue Second Floor Superior, WI Return To: Enbridge Energy, Limited Partnership c/o Enbridge Pipelines (Lakehead) L.L.C South Columbia Road Suite E Grand Forks, ND For Recorder s Use Only P.I.N.: TS , TS , TS ,TS KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, DOUGLAS COUNTY, (hereinafter called "Grantor"), whether one or more, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, does hereby grant and convey by this Right-of-Way and Easement Grant ( Agreement ) to Enbridge Energy, Limited Partnership, a Delaware limited liability company, with an office located at 26 East Superior Street, Suite 309, Duluth, Minnesota 55802, its grantees, successors and assigns (hereinafter called "Grantee") the following rights, interests, and privileges: a. A right-of-way and perpetual easement to survey, locate, construct, operate, maintain (including cathodic protection systems), clear, inspect (including aerial patrol and subsurface digging), reclaim, remove, protect, idle in place, repair, replace, relocate, change the size of and reconstruct two pipelines, together with any associated valves, fittings, location markers and signs, communication systems and lines, utility lines, safety and protective apparatus, and all other equipment and appurtenances, whether above or below grade, and conduct such other activities as may be necessary in connection therewith as determined by Grantee or required by law, for the transportation of crude petroleum and any product, by-product and derivative thereof, on, over, under, in, through and across a strip of land, as described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Right-of-Way"), together with the right to clear and to keep cleared the Right-of-Way so as to prevent damage or interference with the safe and efficient construction, operation, maintenance and patrol of the pipelines and appurtenances. b. Until such time as the construction, testing, and commissioning of the pipelines is complete, the right to use and occupy such of Grantor s land adjacent to the Right-of- Way as is reasonably necessary for Construction Work Space, for the purposes of surveying, locating, constructing, testing, reclamation and commissioning of Grantee s Page 1 WI-DO , WI-DO , WI-DO WI-DO

11 pipelines, appurtenances, and rights of way (including the temporary storage of equipment and material), provided that at the conclusion of the construction, testing, and commissioning of the pipelines all areas of Construction Work Space shall be reclaimed and shall revert to the possession and control of the Grantor. c. The perpetual right to use and occupy such of Grantor s land adjacent to the Right-of-Way as is reasonably necessary for Operation and Maintenance Work Space, to be used from time to time and as may be necessary for the inspection and patrol (including subsurface digging), operation, maintenance, repair, replacement, relocation, reconstruction, reclamation, removal, protection, and idling of the pipelines. d. The perpetual right of ingress and egress across Grantor s lands to and from the Right-of-Way, using existing roads, routes, and paths whenever reasonably possible in the determination of Grantee, at any and all times for all purposes convenient or incidental to the exercise by the Grantee of the rights herein granted. The aforesaid rights and easement are granted as and from the date hereof on the following terms and conditions, which are hereby mutually covenanted and agreed to, by and between the Grantor and the Grantee: FIRST: Grantor covenants with Grantee that they are the lawful fee simple owner of the aforesaid lands, and that they have the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all claims whatsoever. SECOND: The Grantee shall, at the time of construction of the pipelines, bury said pipelines through cultivated lands so that they will not interfere with ordinary annual crop cultivation, at a minimum depth of thirty-six inches below grade at the time of construction, or such other greater depth as may be required by law, and shall also pay for damage to annual crops, fences, trees and other existing improvements that may arise from the exercise of the rights herein granted in connection with the installation of the pipelines and Grantee s use of any of Grantor s lands adjacent to the Right-of-Way during construction. Said damages, if not mutually agreed upon, shall be determined by three disinterested persons, one to be appointed by Grantor, one by Grantee, and the third by the two persons aforesaid; and the award of such three arbitrators, or any two of them, in writing, shall be final. The cost of such arbitration shall be borne equally by Grantor and Grantee. THIRD: Grantee shall have the right to clear and keep cleared all trees, undergrowth, and any other obstructions (including structures), whether temporary, permanent, man-made or natural, from the herein granted Right-of-Way and Grantee shall not be liable for damages caused by keeping said Right-of-Way clear of such trees, undergrowth and other obstructions in Grantee s exercise of the rights herein granted. Grantor shall not excavate, drill, install, erect or permit to be excavated, drilled, installed or erected on, over, under or across the said Right-of-Way any pit, well, septic system, foundation, pavement, road or any other structure or installation, whether temporary or permanent, natural or man-made, without Grantee's prior written consent, but otherwise Grantor shall have the right fully to use and enjoy said premises for surface agricultural uses except as the same may interfere with activities deemed by Grantee to be necessary, convenient or incidental to the purposes herein granted to Grantee, and provided further that Grantor s use does not interfere with Grantee s operations on the Right-of-Way. Further, Grantor shall not alter the grade of the Right-of-Way and easement without the express, prior written consent of Grantee. Page 2 WI-DO , WI-DO , WI-DO WI-DO

12 FOURTH: Grantee agrees to indemnify and hold Grantor harmless from any and all losses of or damages to property or injuries to or death of any person resulting from Grantee s activity on the Right-of-Way unless such loss, damage, injury or death results from the negligent or intentional acts or omissions of Grantor, its agents, representatives, employees, contractors or invitees. FIFTH: Grantee shall have the right to assign and mortgage this Agreement and the easement herein granted in whole or part as to all or any portion of the rights accruing hereunder, subject always to the terms hereof. SIXTH: Any and all payments, communications or notices provided for herein may be served and shall be sufficient when served by depositing the same with the United States Post Office, with postage fully prepaid, by certified mail, return receipt requested, addressed to Grantor and Grantee at the addresses specified above as Grantor and Grantee s mailing addresses, or such other address as may be specified in writing by Grantor or Grantee or their respective successors or assigns from time to time. SEVENTH: This Agreement, including all the covenants and conditions herein contained shall, to the greatest extent allowed by law, be construed as creating a perpetual and exclusive Rightof-Way and easement on and appurtenant to property owned by Grantor and shall extend to, be binding upon, and inure to the benefit of the heirs, executors, administrators, successors in title and assigns of Grantor and Grantee respectively. EIGHTH: The waiver or failure to enforce any provision of this Agreement by either Grantor or Grantee or the waiver of a breach or violation of any provision of this Agreement by either party shall not operate as or be construed as a waiver of any subsequent breach, or waiver or failure to enforce, of any provision of this Agreement. NINTH: Multiple Grantors and Grantees may execute separate original counterparts of this Agreement and such execution shall have the same effect as if each signatory executed the same counterpart. All counterparts shall be construed together and shall constitute one integrated agreement. Page 3 WI-DO , WI-DO , WI-DO WI-DO

13 IN WITNESS WHEREOF, Grantor has executed this document this day of 20. GRANTOR: Douglas County 1313 Belknap Street Room 101 Superior, Wisconsin By: Print Name: Title: STATE OF } } ss COUNTY OF } ACKNOWLEDGMENT The foregoing instrument was acknowledged before me, Notary, on this day of, 20, by the (title) of Douglas County, on behalf of Douglas County, Wisconsin. Sign Name, Notary Public Print Name My Commission Expires: Page 4 WI-DO , WI-DO , WI-DO WI-DO

14 GRANTEE: ENBRIDGE ENERGY, LIMITED PARTNERSHIP BY ENBRIDGE PIPELINES (LAKEHEAD) L.L.C. ITS GENERAL PARTNER By: John McKay, Authorized Agent STATE OF } } ss COUNTY OF } ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this day of 20 by, a duly Authorized Agent of Enbridge Pipelines (Lakehead) L.L.C., as General Partner of Enbridge Energy, Limited Partnership, on behalf of the limited partnership. Sign Name, Notary Public Print Name My Commission Expires: Page 5 WI-DO , WI-DO , WI-DO WI-DO

40 DOUGLAS COUNTY OFFICE OF ADMINISTRATOR Andrew G. Lisak 1316 N. 14 th Street Suite 301 Superior, WI (715) Fax (715) DOUGLAS COUNTY MISSION STATEMENT The mission of Douglas County is to provide cost-effective services, with equal access to all citizens; to continue and enhance partnerships; to responsibly manage our resources and plan for the future. TO: FROM: Land and Development Committee Members Andy Lisak, Administrator DATE: March 20, 2015 SUBJ: USE OF ECONOMIC DEVELOPMENT DESIGNATED FUNDS The purpose of this memorandum is to seek authorization from the Land and Development Committee for me to expend a total of $15,000, from the funds the Committee has designated for economic development, for the following economic development activities: Development of marketing and public relations materials (literature, brochures, website portal) with Positively Superior partners to be used for economic development and business and resident recruitment for Douglas County and the City of Superior. Partners to include: Douglas County, City of Superior, The Chamber, the Superior Business Improvement District and possibly the Superior School District, Wisconsin Indianhead Technical College and the University of Wisconsin-Superior. Materials and website portal to utilize the Positively Superior brand. Engage Capitol Consultants to provide government relations services related to securing a local option sales tax for county highway projects and other economic development and community development related issues. This will be in partnership with the City of Superior. Membership fees in organizations and registration for conferences that will further our efforts in marketing county-owned land. Organizations and events to include: International Council of Shopping Centers, Arrowhead Growth Alliance and RECON, the global convention for the shopping center industry. Equal Opportunity Employer

41 LAND BID WITHDRAWAL POLICY All bids are final. Any request to withdraw a bid must be made to the Land and Development Committee in writing, within five business days from bid opening, with sufficient reason. A withdrawal penalty of 10% 25% of the bid amount (minimum $100 $250; maximum $2,000.00) will be retained by the county. Any individual withdrawing a bid will be prohibited from bidding or purchasing Douglas County property.

Please call the Chair or the County Clerk s Office ( ) if you cannot attend. MEMBERS: Keith Allen, Chair Alan Jaques, Vice Chair Doug Finn

LAND AND DEVELOPMENT COMMITTEE Douglas County Board of Supervisors Wednesday, January 2, 2019, 3:00 p.m., Room 207C, Courthouse, 1313 Belknap Street, Superior, Wisconsin Please call the Chair or the County