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HomeMy WebLinkAbout2009-02-03 CC MIN Qt~t!wate~ T"' lilT."'" OF .,.."~ CITY OF STILLWATER CITY COUNCIL MEETING February 3. 2009 REGULAR MEETING 4:30 P.M. M~yor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison 'Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward OTHER BUSINESS Noise variance relatinq to Stillwater Library Terrace Events Mayor Harycki invited comments from the public. Tim Paskvan, spokesperson, stated he had taken a poll since the last meeting and that the majority was in favor of a compromise - no music after 10 p.m. and stated that allowing any music is a compromise. He stated people in the area are losing sleep, and he spoke to the issue of fairness. He later stated that the compromise position - no music after 10 p.m. - included the caveat that even before 10:00 p.m., music would have to be at acceptable levels. He suggested that at any event, a hotline to the library event director be made available should neighbors have complaints about noise, rather than neighbors having to call police, which is intimidating to some folks. In addition to a hotline, he suggested that an outside police officer be hired for special events. He also questioned whether the revenue generated from such events is worth the problems caused. Curt Schmidt, 231 N. Third St., said they were never notified of plans to use the terrace for special events. In addition to the music past 10 p.m. and that traffic is a big concern. Barb Gnan, 231 N. Third St., said her residence has skylights that face directly to the terrace, and it creates a wind tunnel effect with noise, conversations and music. She City Council Meeting February 3, 2009 said to allow music to 10 p.m. is a big compromise for them. She said they are just asking for a peaceful neighborhood. Charlene Farley, 303 Third St. N., said the library has become the new teen hangout, with kids smoking and drinking, and that there has been nothing but problems since the library addition. She said this is a library, not an entertainment center. Library Director Lynne Bertalmio stated it is a requirement that a security officer (which is a Stillwater off-duty police officer) be hired for special events. She said library staff was surprised to hear neighbors' concerns expressed at that last Council meeting as when the Council granted several variances last summer, the Council encouraged neighbors to call with any complaints. She noted only one complaint was received last year and that complaint was due to a technological problem with an Ipod. Ms. Bertalmio stated the library is trying in good faith to lessen its dependence on the general fund and property tax by raising revenues through special events. Mr. Paskvan asked about indoor space at the library. Ms. Bertalmio stated there is indoor space, but that space does not accommodate as many people as the terrace. Councilmember Roush suggested the possibility of using a tent to lessen the impact of outdoor music. Councilmember Cook referred to a letter from a resident who raised a question about the fairness of the granting of variances to another branch of City business. City Attorney Magnuson noted there is political necessity involved in the variance application/granting process, but that there is an inherent conflict involved. Mayor Harycki pointed out that anyone can apply for a variance, and the Council cannot indicate that a variance will never be approved as that would be prejudicial. Jane Paskvan, 314 N. Fourth St., stated she was aware of the variance process- neighboring property owners are notified and they show up tq comment on whether the variance should be allowed or not. She stated last year that was never done with the library events. There was discussion as to the process, whether public notification is required for a noise variance, with City Attorney Magnuson pointing out that a noise variance is not a matter of zoning, it is more a matter of policy. Mayor Harycki asked if the Council could change the ordinance to require public notification for noise variances, with City Attorney Magnuson responding in the affirmative. Councilmember Polehna suggested that the library could change its rules to simply state that there is to be no music past 10:00 p.m., striking any reference to application for a noise variance; Ms. Bertalmio pointed out that would be possible, but also noted that it is City ordinance which provides for a variance application. After additional discussion, Mayor Harycki suggested having City Attorney Magnuson prepare a draft of a revised noise ordinance and having Ms. Bertalmio bring back revised budget figures taking into account the possible impact on rentals due to the Council's position as indicated by comments during the meeting - no music past 10 p.m. Page 2 of 13 City Council Meeting February 3, 2009 Motion by Mayor Harycki, seconded by Councilmember Cook to direct City Attorney Magnuson to prepare a draft of a revised noise ordinance (requiring public notification). All in favor. Councilmember Roush asked Ms. Bertalmio for her analysis of the potential impact on rentals; Ms. Bertalmio responded that it likely would result in the loss of larger wedding rentals. Mayor Harycki asked Ms. Bertalmio to return in a month or so with impacts and revised budget estimates. Bruce Moffatt, North Third Street, suggested that the characteristics of a venue are more important considerations in rentals that any restrictions on time. He asked about the criteria used in considering variance requests and the requirements for serving liquor at events. City Clerk Ward responded that the liquor license in provided by the caterer to events; City Attorney Magnuson pointed out that caterers have special liquor licenses granted by the State. Regarding variance criteria, Mr. Magnuson suggested some standards could be added to the revised ordinance. Steve Gnan, 231 N. Third St., stated the worst weekend last summer was the Jazz Festival and e'xplained why they hadn't called the police to complain at that time. He also suggested that if the library desires to be a good neighbor, the Board will change its policy instantly regarding the 10 p.m. music deadline. Stillwater Library Capital Purchase - 3M Selfcheck Ms. Bertalmio explained the request is to lessen the staff time required for checkout of materials at the circulation desk. She said use of the existing self-checks is increasing and resulting in some lines and folks going to the circulation desk for assistance. She noted that the library's revised 2009 budget includes increased fees, many of which will come through the circulation desk requiring close attention by circulation desk staff. Councilmember Cook stated that she did not think waiting to check out material was that big an issue. Councilmember Roush said he understood the need but did not think this represented an essential purchase. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the purchase of the Selfcheck as presented. Motion failed. (Ayes - Councilmembers Gag and Polehna, Nays: Councilmembers Cook, Roush and Mayor Harycki) St. Croix Vallev Recreation Center Capital Purchase - Zamboni - Douq Bradv Recreation Center Manager Doug Brady reviewed the request for a new Zamboni at the Recreation Center. He stated he thought a new machine, with trade-in, could be purchased for about $90,000, money that is included in the Center's five-year CIP. He said the machine is very important, noting that about two-thirds of the Center's revenue comes from ice rental. He said he had contacted two firms that sell rebuilt machines and those machines sell for $80,000-$90,000, noting that rebuilt machines are generally about 10 years old. Mr. Brady pointed out they maintain three surfaces of ice and that Page 3 of 13 !\' City Council Meeting February 3, 2009 he didn't think they should jeopardize their product by purchase of a used machine, especially given the small difference in cost. He noted that the City's two current machines are 8 and 10 years old. Mayor Harycki inquired if it was possible to use one machine for both sheets of ice and move them back and forth as needed. Mr. Brady stated that are times, such as tournaments, when both sheets of ice needs a Zamboni at the same time. Councilmember Polehna concurred with Mr. Brady's response. Councilmember Roush said he thought the due diligence in looking into the option of a used machine had been satisfied. Councilmember Cook asked if the Center is a money-maker for the City. Mayor Harycki stated the Center meets operational costs and pays some toward debt service every year. Councilmember Gag pointed out this is an essential machine for this facility that gets high use. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the purchase as submitted. All in favor. Lobbyist Discussion Mayor Harycki said he thought there were two projects that might need the services of a lobbyist - the new river crossing and the levee wall. It was noted that $33,500 had been budgeted for lobbying services. Mayor Harycki said the question is whether the City can receive a good (lobbying) effort for $33,000 or less and whether the City should proceed with an RFP (request for proposal) and see what might be available. There was discussion of past efforts/successes. Councilmember Gag said he thought the first step would be to agree on the project priorities and then work together as a team as advocates; he also suggested that timing is critical in obtaining funds. Councilmember Gag agreed that the City should solicit RFPs, and give clear direction and expectations as to what the City is looking for. Councilmember Cook suggested rather than RFP, which suggests funding has been obligated, that the City do Solicitation of Interest, which doesn't create the expectation of funding. Councilmember Cook asked about other projects that might require lobbying efforts. City Administrator Hansen spoke of the previous talks of a new armory and noted there are numerous projects in the CIP that is unfunded. Mr. Hansen stated that staff had just had another meeting regarding the new bridge and that is scheduled, with MnDOT funding, for 2013. Councilmember Polehna spoke of the importance of the levee wall. Motion by Councilmember Polehna, seconded by Councilmember Gag to direct staff to prepare a Solicitation of Interest for lobbying services. All in favor. Page 4 of 13 t City Council Meeting February 3, 2009 STAFF REPORTS On a question by Mayor Harycki, Police Chief Gannaway said he would give a presentation at the next Council meeting on the traffic seminar Public Works Director Sanders and he had attended. Chief Gannaway said information on the winter parking issue by Good Samaritan would be prepared for distribution to the Council. Mayor Harycki also asked that the Chief prepare an update on administrative citations for the Council. Chief Gannaway stated that officers have written about 120 of the citations from October until the first of the year, with about 93 percent compliance (payment) and no complaints received. Fire Chief Glaser reported that the City of Stillwater has been preliminarily selected to receive an Assistance to Firefighters Act grant in the amount of $136,500 to go toward the replacement of Self-Contained Breathing Apparatus units, units which currently are about 10-12 years old and don't meet new OSHA guidelines. He said the grant is a 10 percent matching grant and funds are available in the department's capital outlay for the match and that the grant funds must be used within one year, once officially received. He asked Council approval to accept the grant. Motion by Councilmember Gag, seconded by Councilmember Roush to accept the grant from the Assistance to Firefighters Act for SCBA units for the Fire Department. Chief Glaser also thanked the Margaret Rivers Fund for its support and a $12,000 grant for equipment for the department's dive team. Community Development Director Turnblad gave an update on the parking ramp. He stated clearing of the site and some demolition has begun. He stated pile driving will begin in the very near future and noted, by contract, the pile driving work won't begin until 9 a.m. to lessen impact on neighboring residences. He said parking lots in the construction area have been closed and staff has answered many questions regarding alternate parking locations. Mayor Harycki referred to a letter of compliment to the Public Works staff regarding plowing efforts and asked Public Works Director Sanders to extend the thank you from Karen Shimon and the Council. Mayor Harycki asked Finance Director Harrison for a monthly budget update. Ms. Harrison said she could begin that at the end of February. Mayor Harycki informed the Council of a letter from Congresswoman Bachmann regarding a program titled "The Big Read" and suggested the letter be forwarded to the library and School Board. Page 5 of 13 City Council Meeting February 3, 2009 The meeting was recessed at 6:20 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki St~ff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders ~ity Clerk Ward PLEDGE OF ALLEGIANCE State Representative Matt Dean led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Roush to approve special and regular meeting minutes of January 20, 2009. Councilmember Cook pointed out that the motion, on Page 1 0 regarding the noise variance passed unanimously. Councilmember Gag and Councilmember Roush agreed to change their motion to approval as corrected. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Senator Vandeveer - District 52 State Senator Ray Vandeveer and State Representative Matt Dean were present. Representative Dean spoke to budget issues and reviewed the Governor's budget proposal and welcomed input from the City as the session progresses. Senator Vandeveer echoed the invitation for input. Mayor Harycki commented that the more time the City has to react to possible cuts, the better off the City will be. Sen. Vandeveer briefly reviewed possible legislation regarding watershed districts as a taxing authority, which could make them accountable for levying taxes at the County level. Councilmember Polehna asked for support for the levee wall project. Page 6 of 13 City Council Meeting February 3, 2009 Adoption of resolution commendinq various board & commission members for their service to the community Mayor Harycki read the resolution commending retiring board and commission members for their service to the community. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2009-23, resolution commending various board & commission members for their service to the community. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None OPEN FORUM No public comments. CONSENT AGENDA Mayor Harycki asked that item NO.2 be pulled from the agenda. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda, excluding Item NO.2. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-22, directing payment of bills 2. Resolution 2009-23, approving Washington County Communications System Subscriber Agreement (800 MHz radio system) - Not approved at this time 3. Resolution 2009-24, approving Minnesota Premises Permit for Lawful Gambling for Climb, Inc, Located at St. Croix SeafOod & Grille, 317 Main Street S, Stillwater, MN 4. Possible approval to purchase equipment for Dive Team - Fire Department 5. Resolution 2009-25, approving agreement with John 1. Ballis Regarding Item No.2, Mayor Harycki asked about the cost of the radio units for County departments versus what cities are being charged for the units. It was agreed to bring this item back at the next meeting pending additional information. PUBLIC HEARINGS - Out of respect for others in attendance. please limit your comments to 10 minutes or less. No public hearings Page 7 of 13 " City Council Meeting February 3, 2009 UNFINISHED BUSINESS Possible approval of recommendations for General Obliqation Capital Outlay Bonds. Series 2009A - Dave McGillivray. Sprinqsted Inc City Administrator Hansen reviewed the bond sale that took place earlier in the day, and the City received the lowest interest rate of any sale he has ever been connected with. Dave McGillivray, Springsted Inc., said six bids were received, with the best bid received from UBS Financial Services at a rate of 2.2919 percent. He said the estimate based on the market rate in December was 4.06 percent. He spoke to the strength of the City's financial rating, and the quick response of City staff and Council's response to the State's budget problems and the impact that has on the city's Local Government Aid (LGA). Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-26, resolution accepting proposal on the competitive negotiated sale of $1 ,445,000 General Obligation Capital Outlay Bonds, Series 2009A, providing for their issuance and levying a tax for the payment thereof. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Presentation of State of the Streets - Public Works Director Sanders Public Works Director Sanders reviewed the State of the Streets presentation originally presented in March. The presentation highlighted the City's 2007 pavement rating study, which indicated the City has about 16 miles of streets rated "poor" or "worst." He noted that the pavement rating study is to be used to guide the street improvement projects for the next 5 years. He also noted the recommendation made in the pavement rating study was to increase the street improvement capital improvement budget by 10 each year; that budget was about $1,6 million for 2008. Another recommendation of the study, he said, was to consider increasing the assessment rates on street projects and to continue routine maintenance of streets. The presentation reviewed the history which resulted in the current mileage of streets rated "poor" or "worst" and projections which indicate the City's good and excellent streets are slowly deteriorating to poor or worst. The presentation reviewed assessment options, maintenance options that can increase the life of streets, and costs of various types of street projects. Mayor Harycki stated that he would be interested in seeing an analysis of the impact of a more aggressive mill and overlay program. Motion by Mayor Harycki, seconded by Councilmember Polehna directing staff to prepare such an analysis and bring back to Council at a future date. All in favor. Page 8 of 13 ..: City Council Meeting February 3, 2009 Possible approval of Senior Care Livinq Facility Development Aqreement & Payment in Lieu Aqreement City Attorney Magnuson reviewed the payment of lieu of taxes agreement that will be signed as part of the development agreement. He said the development agreement "promises" the property will stay a tax-paying entity; the payment in lieu agreement is extra insurance. He reviewed the specifics of the payment in lieu agreement. Councilmember Roush questioned the term of the agreement as "the life of the facility," asking whether that referred to the business and building or the building itself. City Attorney Magnuson explained it is difficult to craft an agreement that last in perpetuity, thus the reference to the life of the building. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-27, a resolution approving the development agreement for Select Senior Living of Stillwater (Case No. 08-49). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None ' Discussion on term limits for Heritaqe Preservation, Planninq, Park & Recreation, Human Riqhts Commissions & and chanqinq membership of Human Riqhts Commission and Heritaqe Preservation Commission. Possible approval of resolution (Downtown Parkinq) and first readinqs of ordinances for other commissions relatinq to term limits and membership chanqes City Clerk Ward reviewed her memo regarding current term lengths and the possible impact on the various boards/commissions should term limits be imposed, for example, in 2010. Motion by Councilmember Roush, seconded by Councilmember Gag to table this issue until discussion at the Council retreat in May. Motion passed 4-0, (Councilmember Polehna abstained). Discussion on Community Special Events Task Force City Clerk Ward stated she had forwarded comments from the Mayor and Council in her memo. It was noted that Ms. Ward had inquired of the League of Minnesota Cities regarding other cities' policies regarding special events but has not received any information back from the League at this time. In discussion, it was noted there are no pending special events that require immediate action, and it was agreed to table this to the first meeting in March. Page 9 of 13 ~ City Council Meeting February 3, 2009 NEW BUSINESS Possible appointment of member to Planninq Commission (Resolution - Roll Call) City Clerk Ward stated interviews had been held and the recommendation is to appoint Scott Spisak to the Commission to fill an unexpired term of Erica Fultz ending January 1,2011. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 20~9-28, approving appointment of Scott Spisak to the Planning Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of 2009 fees for publications and services City Clerk Ward referred to the proposed fees included in the agenda packet, noting changes were' indicated in red. She also noted that under Home Occupations, both Type II and III should be added. Mayor Harycki asked about the sandwich board fee and that he would like that fee to be reconsidered. Councilmember Gag noted the sandwich board was to be a $50 annual fee to be dedicated to downtown beautification projects. Councilmember Cook expressed a concern about the state of downtown and questioned whether sandwich board fees collected would be of any real significance in a beautification project; she thought the fee seems oppressive at this time to small businesses owners. Councilmembers Polehna and Gag noted that businesses were represented on the committee that considered this issue and fee and were supportive of the concept. Mayor Harycki spoke of fees as taxes, and he would like to have a general discussion of the issues in conjunction with City Administrator Hansen's report on potential additional budget reductions. It was consensus to table this issue until further discussion at a special budget workshop in March. Consider approval of the final desiqn for the Legends Park Well House Community Development Director Turnblad reviewed the final design of the well house. He said the design has been reviewed by the Legends Homeowners Association, which submitted five comments, four of which can be addressed. Mr. Turnblad stated one request of the association was to provide power and lighting in the picnic shelter/gazebo; Mr. Turnblad stated typically lighting and power are not provided in neighborhood picnic shelters, and therefore staff is recommending against providing that service. There was discussion about the gazebo. Mr. Turnblad noted that issue is related to the $90,000 the Water Board is giving for park improvements in exchange for the ability to place the well and well house in the park. He stated the Park Board has yet to make a recommendation regarding how that $90,000 is to be spent - whether the Page 1 0 of 13 t City Council Meeting February 3, 2009 majority of the funds should be spent on the gazebo or on other improvements as well, such as play equipment, irrigation, etc; and that recommendation will be made after discussions with the Homeowners Association. He stated that at this point approval is being sought for the final design of the well house only. Councilmember Polehna suggested asking that stubs be provided should the decision .be made to provide electricity to the gazebo at a later date. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the design of the well house as presented. All in favor. Consider approval of the 2009 CIP proiect list for Park and Trail Improvements Community Development Director Turnblad reviewed the proposed park and trail improvement program. Mr. Turnblad said if the Council agrees with the Park Board's proposed program, each project will come back to the Council as plans are completed and funding requested, Councilmember Polehna noted the Park Board did a lot of work on the prograrr and there was a lot of discussion regarding the proposed trail improvement (McKusick Lake loop). Councilmember Polehna said he had questioned the cost of two picnic tables for Lowell Park (one of the park improvement projects) and had suggested that the Park Board develop standards for tables, trash receptacles and other standard items. Mr. Turnblad reiterated that the Council would not be committing to specific expenditures, but to the proposed work plan. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the Park Commission's work plan for 2009. All in favor. Possible approval to capital outlay purchase Skidsteer replacement - Public Works City Administrator Hansen recommended approval, stating it is a good deal for the City because the City receives a brand new piece of equipment that is fully warranted for $1,500 a year. Councilmember Roush said he thought this was a fiscally responsible way to proceed Motion by Councilmember Roush, seconded by Councilmember Gag to approve the purchase of the Skidsteer as presented. All in favor. Possible appointment of Councilmembers to serve as trustees for Stillwater Fire Relief Association Mayor Harycki noted that in the past, he and one other Councilmember have served as trustees. Councilmember Gag volunteered to serve. Fire Chief Glaser reviewed the makeup of the board of trustees and stated generally the trustees meet quarterly with financial advisors for the retirement fund. It was suggested this be added to the annual list of appointments. Councilmember Roush also volunteered to serve. Page 11 of 13 City Council Meeting February 3, 2009 Motion by Councilmember Polehna, seconded by Councilmember Gag to appoint Councilmembers Gag and Roush to serve as trustees for the Fire Relief Association. All in favor. Possible approve of promotion of Tim Moore to Assistant Public Works Superintendent City Administrator Hansen noted that when the 2009 budget was developed, one of the ways the budget was balanced was by transferring some personnel, taking one position out of Engineering and moving it to Public Works and then not filing one position scheduled for retirement but creating a new Assistant Public Works Director position. He stated interviews were held in December, with Tim Moore judged to be the best candidate. City Administrator Hansen said he would not want to make the move, however, if the new position is unsecure, noting that currently Mr. Moore has long tenure with AFSCME and would lose that tenure if transferred. City Administrator Hansen said the promotion is in keeping with the plans developed last August and believes it is a good move. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-29, approving promotion of Tim Moore to Assistant Public Works Superintendent. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Mayor Harycki said he would like to see the development of an annual work plan, listing tasks such as annual appointments, reviews, adoption of fees, etc. Mayor Harycki stated he would like to revisit the cost of the downtown parking permit with an eye toward encouraging residents to visit and support the downtown businesses, and he suggested directing the Parking Commission to look at the issue. It was consensus to have the Parking Commission look at the issue as suggested by the Mayor. Councilmember Roush stated he, Councilmember Polehna, Chief Gannaway and Public Works Director Sanders had met with the Liberty Homeowners Association and suggested putting the traffic issue on the agenda for the next meeting. Mr. Sanders suggested that he talk with the Homeowners Association and the School (Rutherford Elementary) regarding a safety program utilizing crosswalks. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush to adjourn at 9:05 p.m. All in favor. Page 12 of 13 City Council Meeting February 3, 2009 ATTEST: AiM/a! )(~d ~ Diane F. Ward, City Clerk Resolution 2009-22, directing payment of bills Resolution 2009-23, resolution commending various board & commission members for their service to the community Resolution 2009-24, approving Minnesota Premises Permit for Lawful Gambling for Climb, Inc, Located at St. Croix Seafood & Grille, 317 Main Street S, Stillwater, MN Resolution 2009-25, approving agreement with John 1. Ballis Resolution 2009-26, resolution accepting proposal on the competitive negotiated sale of $1,445,000 General Obligation Capital Outlay Bonds, Series 2009A, providing for their issuance and levying a tax for the payment thereof Resolution 2009-27, a resolution approving the development agreement for Select Senior Living of Stillwater (Case No. 08-49). Resolution 2009-28, approving appointment of Scott Spisak to the Planning Commission Resolution 2009-29, approving promotion of Tim Moore to Assistant Public Works Superintendent Page 13 of 13