city of stevens point regular council meeting council

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CITY OF STEVENS POINT REGULAR COUNCIL MEETING Council Chambers June 18, 2018 County-City Building 7:00 P.M. 1516 Church St. 1. Roll Call. 2. Salute to the Flag and Mayor’s opening remarks. 3. *Persons who wish to address the Mayor and Council on specific agenda items other than a “Public Hearing” must register their request at this time. Those who wish to address the Common Council during a “Public Hearing” are not required to identify themselves until the “Public Hearing” is declared open by the Mayor. 4. Persons who wish to address the Mayor and Council for up to three (3) minutes on a non- agenda item. 5. Presentation by Bray Architects regarding a new City Hall. 6. Presentation by Cindy Piotrowski, Director at ADRC: Cycling Without Age and the changes in the Nutrition program. Consideration and Possible Action on the Following: 7. Consent Agenda: Minutes of the Common Council meeting of May 21, and the Special Common Council meetings of May 15, and June 11, 2018. Actions of the Police and Fire Commission meeting of May 1, 2018. 6. EMS Mutual Aid Agreements for signature 10. Confirmation of bills. Actions of the Transportation Commission meeting of June 11, 2018. 2. Approval of the May 2018 financial/claims report. Actions of the Plan Commission meeting of June 4, 2018. 4. Dedication of 1401 East Avenue (Parcel ID 281240832103401), formerly Emerson School, as a park 6. Request from the Public Utilities Department for an easement to NET-LEC,LLC for the purpose of constructing utility improvements at 4400 Main Street (Parcel ID’s 281240834120001, 281240834120002, & 281240834120003) 7. City of Stevens Point acquisition of approximately 0.793 acres of land for the purpose of right-of-way at an unaddressed parcel east of Carrie Frost Drive and north of County Highway HH (Parcel ID 28123080130001) 8. Comprehensive Plan Update – Chapter 10: Intergovernmental Cooperation Minutes and actions of the Personnel Committee meeting of June 11, 2018. 1. Request to promote employee at the Central Transportation (Transit) Division, per City Administrative Policies 2.02 and 2.06. Minutes and actions of the Board of Public Works meeting of June 11, 2018. Minutes and actions of the Public Protection Committee meeting of June 11, 2018. 2. License List. 3. Request to Hold an Event/Street Closings. 1

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Page 1: CITY OF STEVENS POINT REGULAR COUNCIL MEETING Council

CITY OF STEVENS POINT REGULAR COUNCIL MEETING

Council Chambers June 18, 2018 County-City Building 7:00 P.M. 1516 Church St. 1. Roll Call.

2. Salute to the Flag and Mayor’s opening remarks. 3. *Persons who wish to address the Mayor and Council on specific agenda items other than

a “Public Hearing” must register their request at this time. Those who wish to address the Common Council during a “Public Hearing” are not required to identify themselves until the “Public Hearing” is declared open by the Mayor.

4. Persons who wish to address the Mayor and Council for up to three (3) minutes on a non-

agenda item. 5. Presentation by Bray Architects regarding a new City Hall. 6. Presentation by Cindy Piotrowski, Director at ADRC: Cycling Without Age and the changes

in the Nutrition program. Consideration and Possible Action on the Following:

7. Consent Agenda:

• Minutes of the Common Council meeting of May 21, and the Special Common Council meetings of May 15, and June 11, 2018.

• Actions of the Police and Fire Commission meeting of May 1, 2018. 6. EMS Mutual Aid Agreements for signature 10. Confirmation of bills.

• Actions of the Transportation Commission meeting of June 11, 2018. 2. Approval of the May 2018 financial/claims report.

• Actions of the Plan Commission meeting of June 4, 2018. 4. Dedication of 1401 East Avenue (Parcel ID 281240832103401), formerly Emerson School,

as a park 6. Request from the Public Utilities Department for an easement to NET-LEC,LLC for the

purpose of constructing utility improvements at 4400 Main Street (Parcel ID’s 281240834120001, 281240834120002, & 281240834120003)

7. City of Stevens Point acquisition of approximately 0.793 acres of land for the purpose of right-of-way at an unaddressed parcel east of Carrie Frost Drive and north of County Highway HH (Parcel ID 28123080130001)

8. Comprehensive Plan Update – Chapter 10: Intergovernmental Cooperation • Minutes and actions of the Personnel Committee meeting of June 11, 2018.

1. Request to promote employee at the Central Transportation (Transit) Division, per City Administrative Policies 2.02 and 2.06.

• Minutes and actions of the Board of Public Works meeting of June 11, 2018. • Minutes and actions of the Public Protection Committee meeting of June 11, 2018.

2. License List. 3. Request to Hold an Event/Street Closings.

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• Minutes and actions taken at the Finance Committee meeting of June 11, 2018. 1. Request for financing of artificial turf project at Zenoff Park. 2. Request for mortgage financing-281 Washington Ave. 3. Replacement of windows at the Portage County Library building, 1001 Main St. 4. Replacement or removal of bollards on the south-side of the Portage County Library

building. 5. Consideration of bid for repairs to Edgewater Manor, and discussion of other options. 6. Approval of Claims Paid. 7A. Authorizing staff to move forward with the development at 111 Division St. N.

• Statutory Monthly Financial Report of the Comptroller-Treasurer. • Mayoral Appointments: Historical Preservation / Design Review Commission

8. Resolution – Conditional Use Permit Amendment - Amend the site plan for the construction

of apartments at 201 Wilshire Boulevard North.

9. Ordinance Amendment - Official Street Map of the City of Stevens Point to rename Worth Court to Worth Drive, between E.M. Copps Drive and Clem’s Way.

10. Amendment to the development agreement between the City of Stevens Point and D-J

Rice Development, LLC for a residential development at 525 Fourth Avenue. 11. Authorize the expenditure of a nonrefundable option fee of not more than $2,500.00 for

the Redevelopment Authority of the City of Stevens Point to secure an option to purchase of properties in Tax Incremental Financing District #6 (Downtown).

12. Public Hearing – Special Assessment for portions of College Avenue, Soo Marie Avenue,

Sims Avenue, Prais Street, Simonis Street, Frontenac Avenue, Jordan Lane, Minnesota Avenue and Lindbergh Avenue for the Installation of Sidewalk – Project #18-12

13. Final Resolution on the above. 14. Ordinance Amendment – Traffic – Mayoral authority to temporarily close streets (Creation

of Section 9.18 of the RMC). 15. Adjournment. RMC – Revised Municipal Code Persons who wish to address the Common Council may make a statement as long as it pertains to a specific agenda item. Persons who wish to speak on an agenda item will be limited to a five (5) minute presentation. Any person who wishes to address the Common Council on a matter which is not on the agenda will be given a maximum of three (3) minutes and the time strictly enforced under the item, “Persons who wish to address the mayor and council on non-agenda items.” Individuals should not expect to engage in discussion with members of the City Council and City staff. Any person who has special needs while attending this meeting or needing agenda materials for this meeting should contact the City Clerk as soon as possible to ensure a reasonable accommodation can be made. The City Clerk can be reached by telephone at (715) 346-1569 or by mail at 1515 Strongs Avenue, Stevens Point, WI 54481.

Copies of ordinances, resolutions, reports and minutes of the committee meetings are on file at the office of the City Clerk for inspection during the regular business hours from 7:30 A.M. to 4:00 P.M.

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CITY OF STEVENS POINT REGULAR COUNCIL MEETING

Council Chambers May 21, 2018 County-City Building 7:00 P.M. 1516 Church St.

Mayor Mike Wiza, Presiding

PRESENT: Ald. Jennings, Nebel, Johnson, Slowinski, Kneebone, Dugan,

McComb, Phillips, Morrow. EXCUSED: Ald. Shorr, Oberstadt. OTHERS PRESENT: Clerk Moe, Attorney Beveridge, C/T Ladick, Chief Finn, Asst. Chief

Zenner, Dir. Ostrowski, Dir. Lemke, Dir. Beduhn, Dir. Schrader, Asst. Pazdernik, Joe Bachman – Stevens Point City Times, Alan Hovorka – Stevens Point Journal.

2. Salute to the Flag and Mayor’s opening remarks. Mayor Wiza congratulated Ald. Oberstadt on graduating and obtaining her Master’s Degree. He said the Governor’s Office declared the week of May 20th Public Works Week and thanked Dir. Beduhn and his team for all their hard work. 3. *Persons who wish to address the Mayor and Council on specific agenda items

other than a “Public Hearing” must register their request at this time. Those who wish to address the Common Council during a “Public Hearing” are not required to identify themselves until the “Public Hearing” is declared open by the Mayor.

Mayor Wiza reminded citizens to register at this time. 4. Persons who wish to address the Mayor and Council for up to three (3) minutes on

a non-agenda item. Ald. Jennings invited everyone to the Cycling Without Age Stevens Point Ribbon Cutting Ceremony on May 30th at noon at the Aging and Disability Resource Center (ADRC) located at 1519 Water Street. She said if anyone is interested in becoming a Cycling Without Age Pilot or wants a ride to contact her at [email protected]. Ald. Dugan thanked the Mayor, Council, and all those who attended the Special Common Council Meeting last week. She said she received emails from constituents who said it was well organized.

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Mayor Wiza said on June 7th the City of Stevens Point will be turning 160 years old. He said after the music festival there will be a display and celebration. 5. Presentation by Senior Poppy Princess Gabriella Raczek. Gabriella Raczek said she is the 2018 Poppy Princess as well as the Junior President for the Department of Wisconsin American Legion Auxiliary. She said the Poppy Program raises funds to support the veterans, active military and their families. She said the project this year is to raise money for the Patriot K-9 partners, which is dedicated to helping veterans train their own service dogs. Ms. Raczek said she is also a part of distributing poppies which are assembled by veterans in Milwaukee. She read the poem, “In Flanders Field”, by John McCrae. Mayor Wiza said in honor of this event he is declaring May 26th, American Legion Auxiliary Poppy Day in the City of Stevens Point and urged the citizens to wear their red poppies on that day. 6. Presentation by Kelley Adlington and Chelsea Huckbody on a Volunteer Compost

Program in the City. Chelsea Huckbody said since the last presentation in August, the group changed the direction of their program and is now doing a curbside collection program. Kelly Adlington, representing Rising Sand Organics, said the curbside collection program will start in about three weeks. She said each participant will receive a five gallon bucket with a screw lid which can be picked up weekly or bi-weekly and will be replaced with a new bucket. Ms. Adlington said the rates start as low as $11.50 per month. She said there will be a free drop off location that is still being determined. Ms. Adlington said they are looking for volunteers for this project and can be reached through Facebook or at risingsand.com. Ms. Adlington said all compostable food waste can go in the bucket including meat and dairy. Mayor Wiza said the program will save the City money because we pay per ton for putting garbage in a landfill. He said he talked with C/T Ladick and because the City will be saving money they are going to invest $500 into the program. Consideration and Possible Action on the Following:

7. Consent Agenda:

• Minutes of the Common Council meeting of April 16, and the Special Common Council meetings of April 5, April 17, and May 7, 2018.

• Actions of the Police and Fire Commission meeting of April 10, 2018. 1. Confirmation of bills.

• Actions of the Parks Commission meeting May 2, 2018. 3. Final Design of Phase 2 expansion to Skateboard Park. 4. Election of Officers.

• Actions of the Transportation Commission meeting of May 14, 2018. 2. Approval of the April 2018 financial/claims report.

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• Actions of the Plan Commission meeting of May 7, 2018. 8. Request from Keller Inc. for site plan review in the Planned Industrial

Development District (East Park Commerce Center) to construct an industrial building at an unaddressed parcel (a portion of Parcel ID 281230801210004) on E.M. Copps Drive, east of Week Street.

9. Request from the University of Wisconsin Stevens Point for site plan review to construct above ground fuel oil storage tanks at 1848 Maria Drive (Parcel ID 281240829140001).

10. Request from Altmann Construction Company, Inc. for site plan review in the Planned Industrial Development district (East Park Commerce Center) to construct a gymnastics building at an unaddressed parcel (a portion of Parcel ID 281230801210004) on E.M. Copps Drive, east of Week Street.

• Actions of the Special Plan Commission Meeting of May 14, 2018. 2. Request from the Stevens Point Public Utilities Department for site plan review

of improvements, including modifications to existing buildings and the installation of new equipment at 301 Bliss Avenue / Mason Street (Parcel ID 281230805200016).

• Actions of the Board of Water and Sewerage Commissioners of May 14, 2018. 2. Approval of Department claims. 6. Allowing the Park Ridge property north of 4 Park Ridge Dr. (Airport Bar), to

connect to municipal water. 7. Purchase of 5 dehumidifier units. 8. Inspection services for the Water St. tower. 11. Purchase of mixing pump replacement parts. 12. Purchase of 3 new sludge storage mixers.

• Actions of the Special Board of Water and Sewerage Commissioners of May 16, 2018.

1. Awarding the City of Stevens Point Wastewater Treatment Plant Digestion, Dewatering and Drying Improvements Project #18-07. Bid tabulations will be presented at the meeting.

• Actions of the Airport Commission meeting of May 14, 2018. 2. Department claims.

• Minutes and actions of the Personnel Committee meeting of May 14, 2018. 2. Request to promote employee at the Central Transportation (Transit) Division,

per City Administrative Policy 2.06. 3. Amendment to Administrative Policy 2.04 – Authorization for new Positions.

• Minutes of the Special Personnel Committee meeting of April 17, 2018. 1. Election of Committee Chair. 2. Election of Committee Vice-Chair.

• Minutes and actions of the Board of Public Works meeting of May 14, 2018. 2. To purchase a 2019 Ford F-550 from Scaffidi Motors, Inc. to be used as an alley

plow truck for the Streets Department in the amount not to exceed $67,500.00. • Minutes of the Special Board of Public Works meeting of May 1, 2018.

1. To select a Chairperson for the Board of Public Works. 2. To select a Vice-Chairperson for the Board of Public Works.

• Minutes and actions of the Public Protection Committee meeting of May 14, 2018.

2. License List. 3. Request to Hold an Event/Street Closings.

• Minutes of the Special Public Protection Committee meeting of April 17, 2018. 1. Election of Committee Chair.

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2. Election of Committee Vice-Chair. • Minutes and actions taken at the Finance Committee meeting of May 14,

2018. 2. Designation of Official Newspaper. 3. Request from the Community Development department for a budget

reallocation. 4. Updated rules for Forest Cemetery. 5. Approval of Claims Paid.

• Minutes of the Special Finance Committee meeting of April 17, 2018. 1. Election of Committee Chair. 2. Election of Committee Vice-Chair.

• Statutory Monthly Financial Report of the Comptroller-Treasurer. • Mayoral Appointment: Bicycle-Pedestrian Street Safety Commission.

Ald. Jennings asked to pull the Mayoral Appointment: Bicycle-Pedestrian Street Safety Commission agenda item. Trevor Roark, 601 Washington Avenue, said he is available for questions. Craig Tesch, 1100 Frontenac Avenue, said the City is going to be installing sidewalks and he was told that if he does not remove his sprinklers they will be ripped out. He said there is no reason for sidewalks on side streets. Mayor Wiza apologized for his bad experience with the City and asked Dir. Beduhn to follow up with Mr. Tesch. Michael O’Meara, 1809 Clark Street, thanked Mayor Wiza for appointing him to the Bicycle-Pedestrian Street Safety Commission. Ald. Johnson moved, Ald. Morrow seconded, to approve the consent agenda minus the Mayoral Appointment: Bicycle-Pedestrian Street Safety Commission.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. Ald. Jennings asked who the Mayor appointed to the Commission. Mayor Wiza said he sent a memo to the Alders last week. He said in the memo it states that the application process had been open for a month and has only received five applications. Mayor Wiza said the ordinance listed specific criteria for appointments and there were two applicants who did not meet that criteria. He said the Council has two options: First, the Council can change the ordinance to relax the requirements and qualifications. Second, they continue to solicit applicants who meet the ordinance qualifications. Mayor Wiza said the first option would fill a quorum and allow the group to meet. Mayor Wiza said his recommendations are: Engineer or Planner – Michael O’Meara, Pedestrian and Bicycle Safety Advocate – Trevor Roark, Bicycle Friendly Business Owner – Open, Safety Educator – Open, Alderperson – Mary McComb,

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Alternate – Janis Borski, Community Development or Public Works Staff Liaison – Kyle Kearns. Ald. Jennings elaborated on the qualifications of those who applied for the Bicycle-Pedestrian Street Safety Commission. She said she did not write the ordinance to unseat anyone who served when the ordinance was adopted and said there is overlap between the members for their qualifications. Ald. Jennings proposed a list including everyone who was on BPAC and asked Mayor to appoint those members. Ald. McComb said Bill Fehrenbach had training experience and thought he would have been the best fit for the training position. Ald. Johnson asked if the Council could recommend someone for the open positions. Mayor Wiza replied the Council could; however, the authority lies within the Mayor’s office for those positions. Ald. Jennings asked the City Attorney if he could clarify if the individuals are not qualified or if the wording of the ordinance needs to be changed. Attorney Beveridge said on Friday he talked with the Mayor and thought the ordinance stated that the individuals had to have the qualifications as stated. He said he reviewed the ordinance again and now believes there is some flexibility built into it. Ald. Johnson said the verbiage to the extent practicable is used to allow for flexibility within the ordinance. Mayor Wiza said he sees this differently. He said he had a hard time making qualified people fit the verbiage in the ordinance. Mayor Wiza said he sought second opinions from others in regards to the verbiage of the ordinance and appointments. He recommended changing the verbiage so the ordinance can be more workable. Mayor Wiza requests the Council approve the appointments and the wording can be changed and approved next month. He said when the Bicycle-Pedestrian Street Safety Commission was created, BPAC did not serve a purpose and was dismantled. Mayor Wiza said due to BPAC being dismantled, the City has already missed out on one grant opportunity. Ald. Phillips moved, Ald. Slowinski seconded, to approve the Mayoral Appointments for the Bicycle-Pedestrian Street Safety Commission.

Call for the Vote: Ayes: Slowinski, Phillips, Morrow. Nays: Jennings, Nebel, Johnson, Kneebone, Dugan,

McComb. Motion fails. Per request of the applicant, and with no objections from Council, Agenda Item 22 was discussed next.

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22. Authorization for the Mayor to execute an agreement assigning the Developer’s Agreement with Service Cold Storage, LLC to Lineage Logistics, LLC or an affiliated entity.

Mayor Wiza said the City currently has an agreement with Service Cold Storage in regards to their facility and they are looking at re-assigning the developer’s agreement. He said Service Cold Storage needs the Council’s approval to do so. Mayor Wiza said it does not cost the City any more money nor cause additional risk. Ald. Dugan asked if a different company had purchased Service Cold Storage. Mayor Wiza replied that it is not a done deal but it is looking like it. Ald. Phillips moved, Ald. Morrow seconded, to approve the authorization for the Mayor to execute an agreement assigning the Developer’s Agreement with Service Cold Storage, LLC to Lineage Logistics, LLC or an affiliated entity. Ald. Slowinski clarified that the new company will have to accept the current agreement that the City has with Service Cold Storage. Attorney Beveridge replied yes. He said it is part of the agreement that requires approval by the City which cannot be unreasonably withheld.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. 8. Ordinance Amendment – Amend the City of Stevens Point Comprehensive Plan

future land use map (Map 8.3) for the purpose of amending the future land use designation from Residential to Commercial / Office / Multi-Family at 1600 Fourth Avenue.

Ald. Morrow moved, Ald. Johnson seconded, to approve the ordinance amendment to amend the City of Stevens Point Comprehensive Plan future land use map (Map 8.3) for the purpose of amending the future land use designation from Residential to Commercial / Office / Multi-Family at 1600 Fourth Avenue.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow.

Nays: None. Motion adopted. 9. Resolution – Conditional Use Permit – Construct a hangar at the airport at 4501

Highway 66.

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Ald. Slowinski moved, Ald. Kneebone seconded, to approve the resolution for a Conditional Use Permit to construct a hangar at the airport at 4501 Highway 66.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. 10. Resolution – Conditional Use Permit – Operate a small-scale alcohol production

facility (brewery) at 200 Division Street. Ald. Morrow moved, Ald. Jennings seconded, to approve the resolution for a conditional use permit to operate a small-scale alcohol production facility or a brewery at 200 Division Street. Dir. Ostrowski said the Plan Commission had three recommendations that he suggests be included in the resolution, which are: all improvements shall obtain pertinent building permits prior to construction; patio area events or activities shall end by 11:00 p.m.; and minor changes may be approved by staff. Ald. Morrow moved, Ald. Nebel seconded, to amend the motion to the conditions stated by the director.

Call for the Vote: Ayes: All.

Nays: None. Motion carries. Ald. Morrow moved, Ald. Jennings seconded, to approve the resolution for a Conditional Use Permit to operate a small-scale alcohol production facility or a brewery at 200 Division Street as amended.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow.

Nays: None. Motion adopted. 11. Resolution – Conditional Use Permit – Utilize the reduced setbacks for a School Use

to construct a parking lot at 2201 Rice Street. Joe Klopotic, 2209 Rice Street, asked for an amendment to the resolution to remove the snow from the site when practical so it does not melt and create ice on his property. Ald. Johnson moved, Ald. Kneebone seconded, to approve the resolution for the reduced setback, Stevens Point Area School District construction of a parking lot at 2201 Rice Street. Ald. Morrow asked if the current resolution addresses the concern of the snow removal. Mayor Wiza replied no.

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Ald. Nebel moved, Ald. Dugan seconded, to amend the motion to add the condition that snow be removed from the site when practicable.

Call for the Vote: Ayes: All. Nays: None. Motion carries. Ald. Phillips said this was in front of the Council a number of years ago and was turned down because it is an available lot being turned into a parking lot. He said if approved, the Council is opening this up so anyone can do this. Ald. Phillips raised the concern that if the owner decides to purchase the neighboring houses as they come available, will this go back to the original setbacks.

Call for the Vote: Ayes: Morrow, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: Phillips. Motion adopted. 12. Ordinance Amendment –Uniform Sign Code – Amend the requirements for off-

premise signs / billboards (Sections 25.03 and 25.04 of the RMC). Ald. Nebel moved, Ald. McComb seconded, to approve the Ordinance amendment for uniform sign code to amend the requirements for off-premise signs / billboards (Sections 25.03 and 25.04 of the RMC). Ald. Dugan asked Dir. Ostrowski if he could clarify the maximum amount of allowable signage. Dir. Ostrowski said when a sign is put on a property, the property is allocated a certain number of linear footage.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Slowinski, Kneebone,

Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted. 13. Ordinance Amendment – Zoning Code – Amend the requirements for off-premise

signs / billboards (Section 23.02(2)(a), 23.02(3)(a) and 23.04 of the RMC). Ald. Nebel moved, Ald. Kneebone seconded, to approve the ordinance amendment zoning code, amending the requirements for off-premise signs.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. 14. The sale of approximately two acres of City-owned land within the East Park

Commerce Center and right of first refusal on the remaining acreage at an unaddressed parcel (a portion of Parcel ID 281230801210004) on E.M. Copps Drive, east of Week Street.

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Ald. Kneebone moved, Ald. Nebel seconded, to approve the sale of approximately two acres of City-owned land within the East Park Commerce Center at an unaddressed parcel as listed on E.M. Copps Drive, east of Week Street. Dir. Ostrowski said the right of first refusal on the adjacent property was pulled. Ald. Morrow asked why it was pulled. Mayor Wiza said he could ask Dir. Ostrowski after the meeting.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow.

Nays: None. Motion adopted. 15. Request from the Wisconsin Department of Transportation to Quit Claim property

and approve a temporary utility easement for the purpose of reconstructing a portion of Business Highway 51, adjacent to 3501 Minnesota Avenue (Parcel ID 191-29-02201F).

Ald. McComb moved, Ald. Kneebone seconded, to approve the Quit Claim Deed and approve a temporary utility easement for the purpose of reconstruction of a portion of Business Highway 51, adjacent to 3501 Minnesota Avenue.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. 16. Resolution Introduction – Vacation of a Portion of Vincent Street. Ald. Slowinski moved, Ald. Phillips seconded, to introduce the resolution vacating a portion of Vincent Street.

Call for the Vote: Ayes: All. Nays: None. Motion adopted. 17. Jurisdictional Transfer – A segment of the I-39 interchange ramp as part of the

reconstruction for the North Point Drive and Division Street Intersection roundabout project.

Tom Barten, 2367 N. Second Drive, said he is concerned with the City installing a roundabout. He asked how many crashes and fatalities have been at this location over the past year to justify putting in a roundabout. Mr. Barten said he is concerned about semi drivers and their load in a roundabout.

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Mayor Wiza said he does not have the numbers in front of him but can get them for him. He said all of this information was reviewed before approving the roundabout. Ald. Jennings moved, Ald. Morrow seconded, to approve the jurisdictional transfer for a segment of the I-39 ramp as part of the reconstruction for the North Point Drive and Division Street intersection roundabout project.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. 18. Possible uses for the former Emerson School site. Mayor Wiza said the City has signed the paperwork to formally acquire the former Emerson School site but the Council has not discussed what they want to do with the site. He said Ald. Slowinski asked about the possibility of redeveloping part of the site. Mayor Wiza said he thought it was worth talking about all of their options. Ald. Slowinski said when Council made the decision to purchase the former Emerson School site there was no discussion of what would be done with the land. He thought this would be a prime opportunity to create single-family homes, or buildable lots, so the City can re-coupe their investment. Neil Prendergast, 1924 Plover Street, said he is opposed to Ald. Slowinski’s proposal. He asked City staff to look into how much a partial Emerson Park will increase property taxes compared to a larger size Emerson Park. Danielle Weaver, 1708 Clark Street, said she moved to Stevens Point two years ago from Chicago and loves being downtown and in walking distance of everything. Ms. Weaver said there are a lot of younger families in that area and believes it would be a great use of resources to make the space into a park. Ginger Keymer, 1816 Lincoln Avenue, said it is a nice large area for a variety of sports that cannot be played in a small lot. Ms. Keymer said there are eight schools within a mile of the Emerson Park area with no playgrounds. Cory Rusch, 1200 Reserve Street, said he often goes there with his friends who have young families. Mr. Rusch said he feels like a lot of people go there because it is so spread out and everyone has an area to do things. Ann Whipp, 2016 Main Street, said she likes to take her young grandsons to this area. She said they fly kites, throw frisbees and a large styrofoam airplane. Rick Whipp, 2016 Main Street, read a poem called “Catch” he wrote and spoke in support of keeping the park. He said he and his sons would go down to Emerson Park to play and asked Council to solidify Emerson as a park.

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Darlene Spreda, 1741 Ellis Street, said her children often went down to Emerson Park to play and developed friendships that they still have today. She said District 5 is the only district without a park and asked why the City would want to take this away from the kids in Districts 3 and 5. Michael O’Meara, 1805 Clark Street, said Emerson School was built in 1892 and in 1983 the City transferred all properties to the School District for $1. He said in 2002 the school was razed and the debris buried because it was found structurally unsound. Mr. O’Meara said the site has been in constant use as a park from 1892 until today. Nicole Batzel, 2100 Ellis Street, said her lot is the smallest in the area and said Emerson in her mind has been and is a park. She said having more green space will help with mental health. Michael Daniels, 2008 Clark Street, said he would like to see Emerson officially become a park. He said the amount of space allows numerous people to use it for a variety of activities without interfering with others. Mr. Daniels urged Council to keep this as a park. Mayor Wiza said he worked with three different superintendents to bring this back into the City. He asked Council to make this into a park and thanked the Friends of Emerson Park for all of their hard work. Ald. Nebel passed out a map showing how little yard space there is in District 3 and District 5. She said she appreciates this coming forward and for the work of Friends of Emerson Park. Ald. Nebel said with the land becoming a park it will encourage people to buy homes in the area rather than building new. Ald. Nebel read a letter from Dorothy O’Connor who said she is in favor of have the former Emerson School Site be a park. She said teachers at Jefferson School use the Emerson site as a park. Ald. Nebel read letters from Michael Bialas and Nicole Lysne who wrote in favor of using the former Emerson School site as a park. Ald. Dugan said she is for following the Park Plan and read portions of it which pertained to the former Emerson School site. Ald. Johnson said she appreciates the idea to find money to make things work, but does not think developing parks is the answer. She said it is going to cost a lot of money to remove the buried brick. Ald. Johnson said it was a fair ground before it became a park. She said the land was intended to serve the public. Attorney Beveridge said he and the Community Development Director believes this needs to be referred to the Plan Commission for their recommendation. Ald. Johnson moved, Ald. Nebel seconded, to refer the matter to the Plan Commission with the recommendation that this site be dedicated as park land.

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Ald. McComb said she is in favor of this. She complemented Ald. Slowinski for his creative thinking and options. She said the City needs that kind of thinking. Ald. Phillips said the City has an opportunity to pay for the park rather than having the taxpayers pay for it. He suggested using no more than a third of the property as residential which would pay for the park, all of the equipment and have tax money for years to come. Ald. Slowinski said he wanted to come up with a plan to recover some of the investment. He said he is not anti-park but feels like the City is missing out. Ald. Nebel said the yards are very small in the neighborhood. She said if the City is looking at recouping the money, to use a park in an area with large yards which has at least two parks. Ald. Nebel said if the City takes away any part of the park, they are taking away what makes that space special. Ald. Johnson said she understands that parks have to be paid for and said the neighbors should not have to make it all work. She gave the tax dollar amounts for a home in the Emerson Park area and one for the same size lot in a suburb area. Ald. Johnson said the tax on the Emerson Park homes is higher than the one in the suburbs. Ald. Slowinski asked for clarification on Ald. Nebel’s comments about taking a park from another district to re-coup costs. Mayor Wiza said Council needs to keep on the topic of the former Emerson School site.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Kneebone, Dugan, McComb, Morrow.

Nays: Slowinski, Phillips. Motion adopted. 19. Ordinance Amendment – Maintenance and Occupancy – Creation of a Voluntary

Rental Inspection Program (Section 21.11 of the RMC). Ald. Johnson moved, Ald. Dugan seconded, to approve the ordinance amending the Revised Municipal Code of the City of Stevens Point Voluntary Residential Rental Inspection Program. Ald. Johnson complemented Ald. Nebel for thinking of the idea and for all of the research she did. Mayor Wiza said state law changed where power was taken from local municipalities and there are more restrictions.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted.

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20. Ordinance Amendment – Peace and Offenses – Add entries to the bond schedule for Social Host, Sexting, and Prostitution violations (Section 24.27 Exhibit A of the RMC).

Ald. Phillips moved, Ald. Nebel seconded, to approve the ordinance amendment.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Slowinski, Kneebone,

Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted. 21. Resolution – Authorizing and Providing for the Sale and Issuance of $1,200,000

General Obligation Promissory Notes, Series 2018A, and All Related Details. C/T Ladick said the money is going to be used for the purchase of land and development in TIF District 9, specifically for the O’SO development. Ald. Johnson moved, Ald. Morrow seconded, to approve the resolution authorizing and providing for the sale and issuance of $1.2 million in General Obligation Promissory Notes, Series 2018A, and all related details.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Nebel, Jennings.

Nays: None. Motion adopted. 22. Authorization for the Mayor to execute an agreement assigning the Developer’s

Agreement with Service Cold Storage, LLC to Lineage Logistics, LLC or an affiliated entity.

This was covered after Agenda Item 7. 23. Mortgage satisfactions for property located at 1600 East Avenue. Mayor Wiza said due to a financial settlement the City is asked to settle for less and needs the Council’s approval. Ald. Johnson moved, Ald. Kneebone seconded, to approve the mortgage satisfactions for property located at 1600 East Avenue.

Call for the Vote: Ayes: Jennings, Nebel, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow.

Nays: None. Motion adopted. 24. Adjournment. Adjourned at 8:52 p.m.

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CITY OF STEVENS POINT SPECIAL COMMON COUNCIL MEETING

Police Department May 15, 2018 933 Michigan Ave. 6:00 P.M.

Mayor Mike Wiza, Presiding

PRESENT: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow (6:05 p.m.).

OTHERS PRESENT: Clerk Moe, C/T Ladick, Attorney Beveridge, Dir. Beduhn, Dir. Schrader,

Chief Finn, Chief Skibba, Asst. Chief Zenner, Joe Bachman – Portage County Gazette, Brandi Makuski – Metro Wire Alan Hovorka – Stevens Point Journal.

Discussion and Possible Action on the Following: 2. Traffic lane configuration and other safety measures for the Stanley Street corridor. Diane Ostrowski, 3328 Stanley Street, said she is against the four to three lane conversion and questioned if it is needed. She said she has not seen any bicyclists on Stanley Street. Dave Wysocki, 2409 Falcons Cove, whose business is located at 2740 Stanley Street, spoke against the conversion and said the City should not inconvenience everyone for the very few who use the bike lanes. Rachel Niemczyk, 2309 Ellis Street, whose business is located at 2733 Stanley Street, she spoke against the conversion due to the impatient drivers already on Stanley Street. She said her business has three entries/exits and said people will cut through her parking lot because they do not want to wait for the City bus when it is dropping people off. Ms. Niemczyk fears if Stanley Street goes down to one lane each way will make things worse. Lorelei Walczak, 3610 & 3628 Stanley Street, said she actively bikes down Stanley Street and said she would use the bike lanes if they were installed. Teresa Barta, 2409 Stanley Street, said she has lived on Stanley Street for over 20 years. She said she is located near Michigan Avenue and during high volume times traffic gets

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bottlenecked up and it is difficult to get out of their driveway. Ms. Barta said if this goes, through it will be even more difficult for her to get out of her driveway. John Haka, 201 Frontenac Avenue, said he came into this without a strong opinion and has become convinced that this is not a good fit for Stanley Street. He said Stanley Street is a major artery for motorized vehicles. Jan Ronchetto, 3401 Vine Street, said she is terrified to ride her bike on Stanley Street and believes more people will use a bicycle lane on Stanley Street if it was safer. Bob Ostrowski, 516 Michigan Avenue, said Dir. Beduhn provided good compromises at the meeting in March. He said there is a lot of traffic that goes down Stanley Street and the semis would have a hard time turning if the road diet would happen. Sarah MacFarland, 408 Soo Marie Avenue, said she rides her bike year round and does not use Stanley Street because it is unsafe. She said if bike lanes were installed on Stanley Street she would be using it to and from work each day. Scott Winn, 624 Soo Marie Avenue, said Stanley is a neighborhood street. He said something needs to be done whether it be a four to three conversion, traffic lights, or stop signs. Lawrence Leviton, 826 Soo Marie Avenue, spoke in favor of the road diet because Stanley Street residents want a safe street to get to and from work. He said he would feel more comfortable if bike lanes were added to Stanley Street. Tim McKeown, 248 North Court, spoke against the lane conversion because traffic backs up and feels if traffic goes down to two lanes it will only exacerbate the problem. Julie Schneider, 2700 Peck Street, spoke in favor of the of the road diet and said the lane converison is not about bicycles or cars, it is about the design of the road. Tim McKnight, 2101 Oak Street, said he has often biked Stanley Street and said the lane conversion is a good thing but the City has to be careful and have concern for the elderly. Dick Siebert, 500 Indiana Avenue, spoke against the lane conversion. He said he is concerned that in the future, the City will have to revert back to the four lanes because it did not work out.

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Greg Wojtak, 916 Frontenac Avenue, spoke against the lane conversion and said safety is number one. He said something needs to be done at Minnesota and Green Avenue so they are easier to cross. Mr. Wojtak said traffic will not go down, it will only be more congested and more dangerous to bike down. Larry Frostben, 1757 College Avenue, said he has rode Stanley Street twice on bicycle and chooses not to ride it because of the traffic. He said it does not make sense to pay for re-striping when other City roads are in bad condition. Ron Carlson, 3356 Oak Avenue, said he would not feel comfortable riding a bike down Stanley Street. He said he does not believe traffic calming measures will work for Stanley Street and worries about people backing out of their driveway safely. Bryan Worzella, 717 Washington Avenue, asked when the needs of the few dictate so much. He suggested widening the road and adding bike lanes for bicyclists’ safety. Mr. Worzella suggested putting in a stop light due to the amount of traffic. He said the alders should be listening to the constituents and what they want rather than their own personal beliefs. Jim Fetherston, 3124 Feltz Avenue, spoke in favor of the road conversion as it has been done across the Country and has worked fine. He said the left lane is often known as the fast lane and questioned if the fast lane is really needed on Stanley Street. Dan St. Peter, 408 Glennon Avenue, spoke against the four to three conversion on Stanley Street. He said people are losing sight of the main concern, safety. Mr. St. Peter suggested rather than looking at one option, a solution should be found that is liked by the majority. Sherri Fetherston, 3124 Feltz Avenue, said she supports this in hopes that it helps clear up the confusion of where bicyclists should ride and rules of the road. She said she does not feel comfortable riding down Stanley Street because of how busy it is. Lynn Schulist, 408 Glennon Avenue, said the main concern that has been brought up at all the meetings is safely getting in and out of driveways for Stanley Street residents. She said none of the layouts have said they would make this issue better. Bill Seybold, 2421 Golden Road, Plover, said he is neither for nor against this and said anything to make the roads safer for everyone is a good thing.

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Bernice Sevenich, 1017 Jasmine Lane, said Council needs to use their common sense and do what the constituents are telling them to do and what they feel is the best for the whole community. Trevor Roark, 601 Washington Avenue, said he drives on Stanley Street four to six times a week and said it is wide, fast, and unsafe. He said since Highway 66 has been re-routed Stanley has not seen the amount of traffic it once did. Mr. Roark said re-striping the road would cost less than adding stop signs, traffic beacons, and/or traffic lights. Wade Wilquet, 2940 Bimini Court, Plover, said he previously resided at 3318 Stanley Street. He said he has spoken with a lot of truck drivers who said they would avoid Stanley Street if it was converted to three lanes. Phil Janowski, 1017 Old Wausau Road, suggested widening the road to add bike lanes or widening the sidewalks to six feet so there is enough room for walkers and bicyclists. Robin Rothfeder, 1640 Ellis Street, said he studied Transportation Planning in Utah and said Stanley Street is overbuilt for the size of Stevens Point. He said the only way to promote this area is to do a conversion or reconstruct the road. Nathan Sandwick, 633 Portage Street, said he is the Community Resource Development Educator with the Portage County UW Extension. He said there has to be a balance between public opinion and professional expertise when it comes to matters like this. Rob Harper, 1732 Elk Street, spoke in favor of the road conversion in hopes to slow traffic down on Stanley Street. Tom Brown, 317 Sixth Avenue, spoke in favor of the road conversion, and said this is not an “us vs. bikes” issue, rather the inability for motorists to enter or cross Stanley Street. He said going down to one lane should make it easier for those backing out of their driveway. Mr. Brown said currently, there is no safety for bicyclists on Stanley Street. Jo Seiser, 317 Sixth Avenue, spoke in favor of the road conversion because it will make Stanley Street a more comfortable place to be for all the users. John Quirk, 325 Front Street, said he is neither for nor against the road conversion but something needs to be done. Chris Tielens, lives in Plover; said she has rentals on McCulloch Street. She said she is in support of the four to three lane conversion. She believes any consequences from this

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can be lived with. Ms. Tielens said she often has conversations with alderpersons and they are listening to what everyone has to say. Jenny Burton, 5718 Sandpiper Drive, spoke in favor of the road conversion in order to give bikers their space on the road. She said said she bikes nearly every day and likes the streets that have bike lanes because it gives her a space on the road. Ald. Johnson read emails from Kimber Goodwin and Bill Schierl who support the lane conversions on Stanley Street. Ald. Johnson said she spoke with a gentleman in her district about the Stanley Street project and he raised concerns with parking on Stanley Street. She said when she spoke with residents in her district about this, the majority were in favor of the Stanley Street project. Ald. Oberstadt said a constituent contacted her and suggested changing the speed limit in the area as a solution. Ald. Kneebone read an email she received from Richard and Celeste Hadfield, writing in favor of the bicycle lanes on Stanley Street. Ald. Slowinski said he received an email from Valerie Legrande, writing against the Stanley Street project. Ald. Jennings said in December 2017 Chancellor Patterson wrote a letter to the Mayor and Dir. Beduhn in favor of the four to three road conversion and she said he still supports it. Ald. Shorr read a letter written from Chris Burch in support of the conversion. Ald. Shorr said he has had a lot of phone calls in regards to the concerns with this project. Ald. Dugan read emails from Scott Bonikowske, Joel Rutkowski, Al Prosser, Doug Moore, and Lori Carlson writing against the four to three road conversion. Ald. Dugan read an email from Joan Honl who wrote in favor of the Stanley Street conversion.

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Ald. McComb said she talked with a constituent who was against the Stanley Street road conversion and said she had a voicemail from Bill Schierl asking her to express his support for the road conversion. Ald. Morrow said he spoke with Stanley Street residents and found the majority are against the road conversion. He said he spoke with the residents around the Moses Creek area as well as his neighborhood. Ald. Morrow said the majority of the residents were against the conversion. Ald. Phillips said his constituents are against the conversion but said they do not have a say because it is on the other end of town. He said his constituents told him not bring it to the South side. Ald. Nebel said she had conversations with constituents and said one constituent is more open to the lane conversion idea because it relates to safety rather than bicycle lanes. Mayor Wiza said any comments submitted to the Mayor’s office, including Dir. Ostrowski’s memo, are at the Clerk’s office as well as the hand signed and online petition. As no one else from the public wished to speak, Mayor Wiza closed the Public Comment portion of the meeting. Ald. Shorr moved, Ald. Jennings seconded, to approve that the Department of Public Works prepare to solicit bids in June for two scenarios to restripe Stanley Street with the following parameters: converting from four car lanes to three lanes from Michigan Avenue to 1) Indiana Avenue and 2) Lindbergh Avenue. B. the re-striped lanes will include a standard 14’ TWLTL (two way left turn lane) turning lane as well as 5’ demarcated shoulders in both directions, C. changing the Minnesota Avenue intersection to have all-way stop signs, with left-turn bays instead of TWLTLs. D. appropriate transitions at the east end of the lane conversion, to merge traffic into three lanes going westward and expand to four lanes going eastward, and E. addition of a new crosswalk possibly with a pedestrian refuge, at Clayton Avenue, as well as consideration of crosswalks for Lindbergh and/or Indiana Avenues. Ald. Shorr said the western part of Stanley Street at Michigan Avenue works great. He said he is avoiding the most far western end of Stanley Street due to the increased amount of traffic there. Ald. Shorr said in option “A” there are two streets listed so then Council can compare and select an option. He said a traffic study was done and it showed that traffic does not flow well on Minnesota Avenue and that it would benefit from having a four-way stop. Ald. Shorr said the cross walks are placed in lower volume less controversial traffic areas.

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Ald. Dugan questioned having the conversion at Indiana Avenue or Lindbergh Avenue and said it is only a three block difference. Ald. Shorr replied that it could be a large dollar amount between the two locations. Ald. Dugan said Indiana Avenue is a road that serves from Schmeeckle to Paris Street, which serves two sub-divisions and has a bus stop. She said this area would benefit from being in the conversion. Ald. Dugan asked why Clayton Avenue was selected to have a cross-walk. Ald. Shorr replied saying it was a street they selected to encourage pedestrian traffic. Ald. Dugan said in item letter “E” she is advocating for Indiana Avenue because a lot of people are crossing at this intersection and it is very wide. Ald. Slowinski said Council is trying to piece the road conversion in so the City can afford it. He questioned why the City is wanting to do a conversion on a curve and said it should be at a controlled intersection. Ald. Slowinski said he agrees that something needs to be done at Minnesota Avenue but feels Stanley Street would get bottled up with the lights at Michigan Avenue and the four-way stop at Minnesota Avenue. Ald. Jennings thanked everyone for coming to the meeting and taking part. She said she supports the four to three lane conversion because it is a low cost way to improve the corridor. Ald. Jennings said the alternatives to restriping are more costly and do not correct the underlying issues. Ald. Nebel said she appreciates that people are involved with this issue. She compared this to the Patch Street conversion and said people were not happy about it when it was first done but now there are no complaints. Ald. Nebel said she hopes the lane conversion will improve the Stanley Street neighborhood. Ald. McComb said she is grateful for people taking part in this discussion. She feels people who are against the lane conversion are making weak arguments that are based on emotion and opinion. Ald. McComb said when making decisions for City policy data, evidence, and long term vision are better options than common sense. She said the traffic count is too low to mandate four lanes. Ald. McComb said backing out will be easier because residents can back into the TWIDL. She said alders need to make decisions for the best of the City of Stevens Point and are not delegates.

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Ald. Oberstadt apologized for missing calls regarding the Stanley Street project. She said the Stanley Street accidents do fall within the normal range. Ald. Oberstadt said the lane conversion would slow down traffic and would hopefully make it easier for residents to back out of their driveways. She said Stanley Street needs to be re-painted anyway and if it does not work as expected the road can be re-painted. Ald. Oberstadt said people have been asking for this to be put on a referendum; however, this could not be a referendum because the borrowing would need to be greater than ten years and the project requires no borrowing. Mayor Wiza said anything could be placed as a referendum; however, it is typically for larger projects. He said a referendum would cost the City $3,000 - $4,000. Ald. Johnson said she would like to see the Stanley Street neighborhood become a beautiful neighborhood and believes the road conversion can help do that. Ald. Morrow said the main concern he has heard was the intersection of Green Avenue and Stanley Street. He said the majority of the people he spoke to do not want this conversion. Ald. Phillips asked Dir. Beduhn if it is a problem converting four to three at Lindbergh or Indiana Avenue rather than at an intersection. Dir. Beduhn said the transition can occur two different ways, 1. at an intersection, or 2. create the transition which uses a long length of road. He suggested putting the transition at East Maria, but it would need to be looked into. Mayor Wiza asked Dir. Beduhn if he would request flexibility at the intersections and, if so, which intersections. Dir. Beduhn said it depends on what the Council wants. He said the Engineering Department has not looked into Lindbergh Avenue. Mayor Wiza asked Ald. Shorr if he would offer flexibility in his motion. Ald. Shorr said he wants to keep the reference points as is. He said he would like to try and figure out the transition points. Dir. Beduhn said he would assume the transitions would be at East Maria Avenue to allow for the transition from two lanes down to one.

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Ald. Slowinski asked Dir. Beduhn if there are concerns of bottlenecks between Michigan Avenue and Stanley Street with having a four-way stop. Dir. Beduhn said there could be at certain points of the day; however, he does not have enough information to answer his question. Ald. Kneebone said everyone can agree that they want Stanley Street to be safe for all users. She said most people in her district are for the Stanley Street conversion. Ald. Kneebone said she believes this is in the best interests of all the residents. She said if this does not work the City can always go back to the two lanes, it is only paint.

Call for the Vote: Ayes: McComb, Dugan, Kneebone, Johnson, Oberstadt, Nebel, Shorr, Jennings.

Nays: Morrow, Phillips, Slowinski. Motion adopted.

Ald. Shorr moved, Ald. Johnson seconded, to work with the Bicycle and Pedestrian Street Safety Commission to examine the full range of near and longer-term issues involving Stanley Street including speed limits, later-phase restriping going further eastward, and traffic flow at the Green Avenue and North Point Drive intersection. Ald. Morrow said he thought a roundabout was being put in at the Green Avenue-North Point intersection at the future phase. Dir. Beduhn said there was a meeting with the DOT and they said they do not plan to do anything in the near future with Stanley Street. He said down the road they are looking at re-paving it and at that time a roundabout may be installed.

Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: Slowinski. Motion Adopted.

3. Adjournment. Adjourned at 9:32 p.m.

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CITY OF STEVENS POINT SPECIAL COMMON COUNCIL MEETING

Police Department June 11, 2018 933 Michigan Ave. 5:50 P.M.

Mayor Mike Wiza, Presiding

PRESENT: Ald. Jennings, Nebel, Oberstadt, Johnson, Kneebone, Dugan, McComb

(5:51 p.m.), Phillips, Morrow. EXCUSED: Shorr, Slowinski (via phone). OTHERS PRESENT: Clerk Moe, C/T Ladick, Attorney Beveridge, Dir. Beduhn, Dir. Ostrowski,

Chief Skibba, H.R. Manager Lisa Jakusz, Transit Manager Lemke, Joe Bachman – Portage County Gazette/Stevens Point City Times, Brandi Makuski – Metro Wire.

Discussion and Possible Action on the Following: Mayor Wiza said Ald. Slowinski joined the meeting via phone. He said Ald. Slowinski can participate in the discussion; however, by state statute he cannot vote. 2. Ordinance Amendment – Officials, Boards, Employees – Qualification requirements

for members of the Bicycle-Pedestrian Street Safety Commission (Section 3.55 of the RMC).

Mayor Wiza said the recommendation is to strike the language that says, “The Commission should include” and replace it with, “Preference consideration will be given to appointees who have a background as…” Ald. Jennings moved, Ald. Nebel seconded, to approve the Ordinance Amendment regarding the qualification requirements for members of the Bicycle-Pedestrian Street Safety Commission Section 3.55 of the Revised Municipal Code.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone,

Johnson, Oberstadt, Nebel, Jennings. Nays: None. Motion adopted. 3. Mayoral Appointments: Bicycle-Pedestrian Street Safety Commission. Ald. Johnson moved, Ald. Oberstadt seconded, to approve the recommended list.

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Call for the Vote: Ayes: Jennings, Nebel, Oberstadt, Johnson, Kneebone, Dugan, McComb, Phillips, Morrow.

Nays: None. Motion adopted. 4. Adjournment. Adjourned at 5:54 P.M.

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CITY OF STEVENS POINT POLICE AND FIRE COMMISSION

TUESDAY, MAY 1, 2018 Stevens Point Police Department

933 Michigan Avenue

1. Roll Call: Commissioners Carlson, Kirschling, Moore, Ostrowski and Wescott

Also Present: Police Chief Skibba, Fire Chief Finn, Alderperson Mary Kneebone, Assistant Chief Joe Gemza, Assistant Chief Jodi Baganz, Sergeant Greg Bean, Tracy Aldrich, Corporal Ben Uitenbroek, Sheriff Mike Lukas, Assistant Chief Mike Rottier, Mayor Wiza, Chris Wiza, Officer Justin Klein, Officer Kristi Ahrens, Brandi Makuski - Point/Plover Metro Wire; Joe Bachman – Stevens Point City Times, Karen and Randy DeWitt, Mark Deaver, Daniel Kontos, Cassandra DeWitt, Thomas DeWitt, Deanie Buckley, Ashley Grisham, Kathy Budsberg, Cindy Minervini, Frank Minervini, Rob Bartlett, Quinn Warner, Mark Kitowski, Matt Zander, Dayton Budsberg, Ben Schultz, Kevin Modrzewski, Brandon Nagorski

2. Election of Commission President, Secretary and appointment of liaisons

Commissioner Ostrowski moved, seconded by Commissioner Carlson to elect Gary Wescott as President.

Ayes, all; nays, none. Motion carried. Commissioner Wescott moved, seconded by Commissioner Moore, to elect Bob

Ostrowski as Secretary. Ayes, all; nays, none. Motion carried.

President Wescott made the following appointments which are effective immediately: • Ron Carlson is appointed as liaison to the Police Department • Joe Kirschling is appointed as liaison to the Fire Department • Jerry Moore is appointed commissioner at large for special assignments

3. People to be heard an announcements None. 4. Fire Department presentation of awards by Chief Finn Chief Finn recognized several people who saved a life on February 26, 2018 after an

individual was trapped in a burning vehicle following a single vehicle accident near Rocky Run and Little Chicago Road in the Town of Carson.

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A list of individuals who received awards and/or honors:

• Frank Minervini – Medal of Bravery • Dayton Budsberg – Lifesaving Medal • Tracy Aldrich – Meritorious Service Medal • Greg Bean – Civilian Lifesaving Award • Tom Dewitt – Civilian lifesaving Award • Kevin Modrzewski – Civilian Commendation • Brandon Nagorski – Civilian Commendation • Ben Uitenbroek – Civilian Commendation

Commissioner President Wescott made the following statement regarding Firefighter Frank Minervini and Dayton Budsberg’s heroic lifesaving attempt: On your arrival your crew would encounter a male patient who was trapped in a vehicle that was on fire. During this event, you entered the burning vehicle, disentangled the driver, and placed yourself in the position of jeopardy. Your actions and total disregard for personal safety were principle factors of saving the life of a person in imminent danger. For your actions above and beyond the call of duty, you are hereby awarded the Medal of Bravery. On behalf of the Stevens Point Fire Department and the citizens of Portage County, I would like to personally commend you for your actions that day. Your dedication and selfless acts clearly demonstrate your commitment to carry out the Stevens Point Fire Department’s proud reputation of excellence.

5. Police Department presentation of awards by Chief Skibba

Chief Martin Skibba presented Sergeant Greg Bean with a Meritorious Award and Corporal Ben Uitenbroek with a written commendation for their actions on February 26, 2018 following a single car accident in the Town of Carson. Sgt. Bean and Cpl. Uitenbroek both grabbed fire extinguishers from their squad cars to help keep the flames at bay while firefighters extricated the driver following a one vehicle accident that occurred in the Town of Carson on February 26th.

6. EMS Mutual Aid Agreements for signature The State is asking the Fire Department to update their operational plan. Part of the

operational plan is Mutual Aid Agreements. The contract with Portage County has a list of specific ambulance services the Fire Department needs to have Mutual Aid Agreements with, along with Plover and Amherst. Once signed, the Agreements will be submitted to the State. These agreements have been reviewed by the City Attorney.

Commissioner Carlson moved, seconded by Commissioner Kirschling, to authorize

President Wescott to sign the Mutual Aid Agreements. Ayes, all; nays, none. Motion carried. 7. Police Sergeant and Police Corporal Promotions Commissioner Carlson moved, seconded by Commissioner Kirschling to approve the

promotion of Jeremy Mueller to Sergeant and Justin Klein to Corporal effective May 2, 2018.

Ayes, all; nays, none. Motion carried.

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8. Probationary Officer Ashley Hansen and Officer Melvin Plummer to regular status Commissioner Moore moved, seconded by Commissioner Kirschling to approve Officer

Ashley Hansen and Officer Melvin Plummer to regular status upon the successful completion of their probationary periods.

Ayes, all; nays, none. Motion carried. 9. Approval of Minutes Commissioner Moore moved, seconded by Commissioner Carlson, to approve the

minutes of the April 10, 2018 meeting. Ayes, all; nays, none. Motion carried. 10. Confirmation of Bills Commissioner Ostrowski moved, seconded by Commissioner Moore, to approve the

confirmation of the April 2018 bills. Ayes, all; nays, none. Motion carried. 11. Fire Chief’s Report/EMS Report

Chief Finn reported: • Teen Leadership presentation by crew. Twenty-six students participated in mini

“Citizens Academy”. • Captain Moody, Lieutenant Briggs, Firefighter Howard and Firefighter Zander are

attending the Fire Department instructors’ conference in Indianapolis. • Hydro test of all breathing air cylinders completed (5 or 10 year rotation). • Mutual Aid Box Alarm and METRO response planning completed. • Metro Fire calls (3) • Structure fires (4) • Vehicle fires (1) • Brush, grass, wildland fires (2) • Cooking fire contained (1) • Overheated cooking (6) • Other fires (1) • Rescue/EMS calls (64) • False alarm responses (9) • Hazardous materials responses (12) • Other responses (12) • Total responses: (112) • Training: Rescue Task Force; Protocol Review; FDIC. Total training hours: 209 • Fire inspections: Certificate of occupancy (4); general fire inspection (166);

General/liquor license inspection (5); re-inspection (11); sprinkler system (4); tent inspection (0). Total inspections: 190

• Public Activities: CPR, Teen leadership, Greek Life First Aid. Number of Attendees: 75

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Commissioner Wescott moved, seconded by Commissioner Carlson to accept the Fire Chief’s Report for April, 2018.

Ayes, all; nays, none. Motion carried. 12. Police Chief’s Report

Chief Skibba reported: April: Note of Interest:

• Rescue Task Force training (over 200 public safety participants) • Department of Natural Resources, State Patrol, Department of Transportation,

Training and Standards and Division of Law Enforcement Service have utilized our facility for multiple days of training

• 56 Mental health related incidents (2 emergency detentions) Projects:

• Building update: April 18, continued work on final SPPPD design and layout (developing project costs for capital request and projected construction in 2019)

• 2017 Annual Report (to be published in May) • Staff: Sergeant Kussow assigned to Investigation Bureau; Sergeant Spath

assigned to Operations Sergeant • Hiring process: Officer Koback in Step 3 Field Training. Projected hiring date for

June PFC. • K9: deployment on or about May 28; training (handlers attending Standardized

Field Sobriety Testing); fundraising • MSTC education campaign (billboards)

Activity/Events:

• April – Auxiliary assisting at college and high school sporting events • 3rd – Officers Ballew and Lee, with assistance from Wausau PD, selected K9s • 4th – 12th – RTF (Rescue Task Force) training with multiple Public Safety agencies • 9th – Division of Law Enforcement Services listening session • 13th – Trivia parade, assisted by Auxiliary • 21st – Run for Live, assisted by Auxiliary • 24th – Multi Jurisdictional Communicable Diseases table top • 28th – Reeders Ruck Run, assisted by Auxiliary • 28th – Child Seat Recycling • 28th – SPASH MORP, assisted by officers and auxiliary

Auxiliary Unit:

• 33 events, 349 volunteer hours in 2018

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May: Activity/Events:

• May – Auxiliary assisting at college and high school sporting events • 2nd – Take a Step 5K , assisted by Auxiliary • 12th – Cultural Festival, assisted by Auxiliary • 12th – Safety Fair, assisted by Auxiliary • 15th – Joint tactical training with Portage County Sheriff’s Office and Plover • 19th – Russell Gymnastics Color Run, assisted by Auxiliary

Commissioner Wescott moved, seconded by Commissioner Kirschling, to accept the Police Chief’s report for April, 2018.

Ayes, all; nays, none. Motion carried.

13. Adjournment The meeting adjourned at 4:38 p.m.

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CITY OF STEVENS POINT TRANSPORTATION COMMISSION

MEETING MINUTES June 11, 2018

4:45 p.m.

The meeting was called to order at 4:47 p.m.

Commissioners in attendance: Chairperson Nichole Lysne, Ald. Mary Kneebone, Karalyn Peterson, Tom Bertram, Marv Noltze Excused: Ald. David Shorr, Fred Hopfensperger

Others present: Susan Lemke

1. Approval of the May 14, 2018 Transportation Commission minutes. Tom Bertram moved to approve the minutes of the May 14, 2018 Transportation Commission meeting. Karalyn Peterson seconded. Ayes all; Nays none; Motion carried. 2. Approval of the May 2018 financial/claims report. Karalyn Peterson moved to approve the May 2018 financial/claims report. Marv Noltze seconded. Ayes all; Nays none; Motion carried.

3. Manager’s report: Staff update – Internal candidate interviews were conducted for the vacant A.M. Supervisor

Position. The recommendation of the interview committee is to promote the current Dispatch/Scheduler into the position, pending approval of the Personnel Committee.

TDP update – SRF Consulting Group representatives presented the final draft of the Transportation Development Plan on May 24, 2018 at 1:00 p.m. at the Transportation Coordinating Committee meeting. Those in attendance were supportive of the recommendations identified within the draft plan. Copies of the plan will be sent to Commissioners who were unable to attend the meeting.

Poetry on the bus – The Director of Experiences with CREATE Portage County met with the

Central Transportation Mobility Coordinator to request consideration be given to placing poems, written by local authors, on the City fixed route buses. The Director submitted examples which were presented to the Commission. Poems will be available for viewing on the buses in the near future.

Tom Bertram moved to approve the Manager’s report and place it on file. Karalyn Peterson seconded. Ayes all; Nays none; Motion carried.

4. Next meeting date. July 9, 2018 at 4:45 p.m. 5. Adjourn. The meeting was adjourned at 5:20 p.m.

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REPORT OF CITY PLAN COMMISSION

June 4, 2018 – 6:00 PM Police Department – 933 Michigan Avenue, Stevens Point, WI 54481

PRESENT: Mayor Wiza, Alderperson Kneebone, Commissioner Arntsen, Commissioner Cooper, Commissioner Haines, and Commissioner Rice. ALSO PRESENT: Director Ostrowski, Associate Planner Kearns, City Attorney Beveridge, Alderperson Jennings, Alderperson Nebel, Alderperson Johnson, Alderperson McComb, Alderperson Phillips, Alderperson Morrow, Joe Bachman, Cory Rusch, Greg Ignatowski, Mike O’Meara, and Michael Bialas.

INDEX: 1. Roll call.

Discussion and possible action on the following:

2. Report of the May 7 and 14, 2018 meetings.

3. Public Hearing and Action on a request from Igna Real Estate Investments LLC. for a conditional use permit amendment to amend the site plan for the construction of apartments at 201 Wilshire Boulevard North (Parcel ID 281240827230032).

4. Dedication of 1401 East Avenue (Parcel ID 281240832103401), formerly Emerson School, as a park

5. Amending the Official Street Map of the City of Stevens Point to rename Worth Court to Worth Drive, between E.M. Copps Drive and Clem’s Way.

6. Request from the Public Utilities Department for an easement to NET-LEC,LLC for the purpose of constructing utility improvements at 4400 Main Street (Parcel ID’s 281240834120001, 281240834120002, & 281240834120003).

7. City of Stevens Point acquisition of approximately 0.793 acres of land for the purpose of right-of-way at an

unaddressed parcel east of Carrie Frost Drive and north of County Highway HH (Parcel ID 28123080130001).

8. Comprehensive Plan Update – Chapter 10: Intergovernmental Cooperation.

9. Community Development Department Monthly Report for May, 2018.

10. Director’s Update.

11. Adjourn.

1. Roll call.

Present: Wiza, Kneebone, Arntsen, Cooper, Haines, Rice

Excused: Hoppe

Discussion and possible action on the following:

2. Report of the May 7 and 14, 2018 meetings.

Motion by Commissioner Cooper to approve the reports of the May 7 and 14, 2018 Plan Commission meeting; seconded by Commissioner Haines.

Motion carried 6-0.

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3. Public Hearing and Action on a request from Igna Real Estate Investments LLC. for a conditional use permit amendment to amend the site plan for the construction of apartments at 201 Wilshire Boulevard North (Parcel ID 281240827230032)

Director Ostrowski briefly explained that 201 Wilshire Boulevard North had apartments recently constructed on its site, and at the time of the initial Conditional Use request, a neighbor at 3609 Stanley Street had requested additional screening along the eastern edge of the developed property. The request before them was now to amend the condition relating to the permanent fencing, further explaining that the applicant and neighbor had come to an agreement that the existing vegetation was adequate screening, and that installation of a fence may detract from the natural vegetation. After review, staff found the request to be appropriate and recommended approval of the amendment with the conditions set in the staff report.

Mayor Wiza clarified the process and order of a public hearing.

Commissioner Arntsen asked if there was any obligation for the applicant to maintain the vegetation if it happened to be on the neighbor’s property, to which it was confirmed that they did not.

Commissioner Arntsen commented on the possibility of placing additional vegetation on the developed property that would run parallel to 3609 Stanley Street.

Commissioner Arntsen asked whether removing the old condition would also negate the vegetation requirement, to which Director Ostrowski confirmed that it would not, and that the applicant would still need to add landscaping to the site.

Commissioner Cooper recused himself from the agenda item.

Mayor Wiza declared the public hearing open.

Alderperson Nebel (District Three) expressed concern with not requiring the additional fencing, noting that people could still walk through the properties as a shortcut. She also noted that as a rental, the owner could not be fully aware of potential issues. She also asked what the neighboring property at 3616 Doolittle Drive was used for, to which it was confirmed that it was another apartment complex owned by Igna Real Estate LLC. She spoke in favor of having the fencing condition remain.

Greg Ignatowski (7027 Oak Rd, Vesper), representing Igna Real Estate Investments LLC, confirmed that while the property was rented, he had personally walked the property line with the property owner, and that they both had concluded that installing a fence would damage too much of the existing vegetation.

Mayor Wiza declared the public hearing closed.

Commissioner Haines asked for clarification on the location of where the four additional trees would be installed per condition 6 of the staff report.

Director Ostrowski explained that the four trees would be placed on the street side of the property. However, if there were concerns with additional vegetation being removed, the Plan Commission could place a condition that would require a fence to be installed if vegetation was removed.

Commissioner Haines asked if there was any existing vegetation up to the property line, or if it had been removed on the developed property side, to which Director Ostrowski stated there was still slight vegetation on the site. Mr. Ignatowski also confirmed that there was existing vegetation on their apartment property.

Commissioner Arntsen asked whether the Plan Commission could make a decision based on the type of vegetation, such as native or invasive species, to which Director Ostrowski confirmed that species was a condition they could place.

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Commissioner Arntsen, while agreeing that a physical fence was not needed, added that the property could benefit from a row a shrubs, or something similar, to act as a natural fence line and barrier that could prevent people from cutting through the property.

Motion by Alderperson Kneebone to approve the request from Igna Real Estate Investments LLC. for a

conditional use permit amendment to amend the site plan for the construction of apartments at 201

Wilshire Boulevard, specifically to amend condition 5 as follows and subject to the added condition

below:

1. Landscaping shall be installed adjacent to the proposed fences. Landscaping shall be extended into the full landscape areas to fully screen the parking lot on all sides.

2. Four trees shall be installed along the north property line. The trees shall meet the planting requirements outlined in the zoning ordinance.

Other conditions shall be carried forward from the January 2017 conditional use permit approval.

seconded by Commissioner Rice.

Motion carried 5-0, with Commissioner Cooper abstaining.

4. Dedication of 1401 East Avenue (Parcel ID 281240832103401), formerly Emerson School, as a park.

Mayor Wiza briefly explained that dedicating the site as a park had been in progress for many years, and per state statute, Plan Commission was required to make a recommendation to the Common Council for any item relating to public uses of buildings or property.

Mayor Wiza asked for comments from the audience.

Mike O’Meara (1809 Clark St), stating his support for the dedication, provided a brief history of the former school site, and noted that dedicating the site as a park would assure residents that the land would continue to be protected.

Alderperson Johnson (District 5) spoke in favor of the request, noting a positive resurgence of young families in the area and adding that District Three and the northern end of District Five did not have a park.

Michael Bialas (1825 Gilkay St) spoke in favor of the request and recounted his and his family’s personal experience with the property.

Alderperson Nebel (District 3) spoke in favor of the request, reiterating that several local groups had been involved in the process, and that dedicating the park would help attract younger families.

Mayor Wiza commended the community for all their efforts regarding the former Emerson School site.

Motion by Mayor Wiza to recommended approval of the dedication of 1401 East Avenue (Parcel ID 281240832103401), formerly Emerson School, as a park; seconded by Alderperson Kneebone.

Motion carried 6-0

5. Amending the Official Street Map of the City of Stevens Point to rename Worth Court to Worth Drive, between E.M. Copps Drive and Clem’s Way

Director Ostrowski briefly explained that with the extension of Worth Court to Clem’s Way, and the removal of the cul-de-sac, the street no longer acted as a court. To make it more consistent with its use and surrounding streets, staff recommended that the street be properly renamed to Worth Drive prior to any businesses being developed along that street. The area had been a part of the Skyward development.

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Motion by Commissioner Cooper to approve amending the Official Street Map of the City of Stevens Point to rename Worth Court to Worth Drive, between E.M. Copps Drive and Clem’s Way; seconded by Commissioner Arntsen.

Motion carried 6-0.

6. Request from the Public Utilities Department for an easement to NET-LEC, LLC for the purpose of constructing utility improvements at 4400 Main Street (Parcel ID’s 281240834120001, 281240834120002, & 281240834120003).

Director Ostrowski explained that the Public Utilities Department was requesting to provide an easement to NET-LEC, LLC for the purpose of installing fiber communication lines. The easement would allow the business to stay out of the road right-of-way, in addition to being beneficial to the Utilities Department in providing redundancy and a fiber connection to Well 4.

Commissioner Arntsen asked if there was an end date to the easement, to which it was explained that so long as the utilities remained, the easement would exist, in addition to the easement being transferred upon a sale.

Motion by Commissioner Haines to approve the request from the Public Utilities Department for an easement to NET-LEC, LLC for the purpose of constructing utility improvements at 4400 Main Street (Parcel ID’s 281240834120001, 281240834120002, & 281240834120003) with the following conditions:

1. Staff shall have the authority to approve minor changes to the easement document and boundary.

seconded by Commissioner Arntsen.

Motion carried 6-0.

7. City of Stevens Point acquisition of approximately 0.793 acres of land for the purpose of right-of-way at an unaddressed parcel east of Carrie Frost Drive and north of County Highway HH (Parcel ID 28123080130001).

Director Ostrowski explained that within the East Park Commerce Center, they were trying to install two backbone roads in order to reduce the egress and ingress points for County Road HH and County Road R. The request for this land would allow an internal connection to the park. This internal connection would allow access to businesses without needing to go out onto either of the two major county roads, thus reducing traffic impact. Staff recommended approval of the transfer of approximately .793 acres of land from the property owner to the City.

Commissioner Arntsen recused himself from the agenda item.

Motion by Commissioner Haines to approve the City of Stevens Point acquisition of approximately 0.793 acres of land for the purpose of right-of-way at an unaddressed parcel east of Carrie Frost Drive and north of County Highway HH (Parcel ID 28123080130001) with the following conditions:

1. Staff shall have the authority to approve minor changes to the purchase agreement and certified survey map.

seconded by Alderperson Kneebone.

Motion carried 5-0, with Commissioner Arntsen abstaining.

8. Comprehensive Plan Update – Chapter 10: Intergovernmental Cooperation.

Director Ostrowski stated that Chapter 10 dealt with intergovernmental cooperation, or items such as the protection of areas and borders, boundary agreements, annexation issues, planned growth towards the

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east, and working with other agencies such as the university. While staff had already made several edits and comments regarding the chapter, they were looking for further direction and guidance, or initial comments, regarding on how to undertake intergovernmental agreements moving forward.

Commissioners had several comments, including, but not limited to:

Laying the groundwork for positive and open communication with surrounding towns and the County.

Village of Park Ridge missing from the chapter.

Including a section for expenses and shared revenue on top of services.

Using more active language rather than passive.

The importance of a comprehensive transportation plan that would outline transportation options for peripheral cities, and how they could all be connected.

There was a brief discussion about a recent Town of Hull meeting where residents expressed concern over the City of Stevens Point attempting to land grab by offering connections to City sewers. Mayor Wiza briefly explained that connecting to City sewers was not about land grabbing, but about protecting the City’s water supply. Alderperson Morrow (District Eleven) echoed that water contamination was a real issue, and connecting to City water would not only be beneficial for all involved, but would be a good selling point for new housing.

9. Community Development Department Monthly Report for May, 2018.

Director Ostrowski briefly stated that while the construction of the Water Department Utility Garage would not be taxable, they were continuing to trend significantly above 2017 numbers regarding total permits issued, valuation, and permit fees. They were also seeing a higher number of violations, especially regarding grass or weeds.

Mayor Wiza noted that even if the Water Department Utility Garage construction was not included in the total numbers, they were still exceeding last year’s numbers.

10. Director’s update.

Director Ostrowski stated that the end of the month Comprehensive Plan & Zoning Code Rewrite meeting would occur on June 25, 2018 at 7:00 PM. Additionally, after a general consensus, it was determined that July’s Plan Commission Meeting would occur as planned on Monday, July 2nd, regardless of the holiday week.

11. Adjourn.

Meeting adjourned at 6:45 PM

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PERSONNEL COMMITTEE MEETING Monday, June 11, 2018 – 6:00 p.m.

Police Department ~ 933 Michigan Avenue

PRESENT: Chairperson McComb; Alderpersons Oberstadt, Jennings, Dugan, Nebel

OTHERS PRESENT: Mayor Wiza; C/T Ladick; Clerk Moe; Alderperson(s) Phillips,

Kneebone, Morrow; Director(s) Ostrowski, Beduhn; Transit Manager Lemke; Ben Kollock; Joe Bachman – PC Gazette/SP City Times; Brand Makuski SP Metro Wire; Human Resource Manager Jakusz

Chairperson McComb called the meeting to order.

1. Request to promote employee at the Central Transportation (Transit) Division, per City Administrative Policies 2.02 and 2.06.

Human Resource Manager Jakusz stated that this request is a bit different than the one brought before the Personnel Committee in May in that in the current request, the employee is 41 days short of completing his probationary period.

Administrative 2.02 (P. 2 #2A) indicates that “Completion of the probationary period is criteria that should be considered when using the internal selection process. Competition will be open to all qualified candidates. The best candidate will be selected for the vacancy.” The position was opened internally and after interviewing the internal candidates and reviewing their qualifications, Talin Scheuermann is who Director Lemke and Transit Lemke wish to promote. HR Manager Jakusz also stated that promoted employees serve a probationary period.

Transit Manager Lemke also reviewed the internal process followed for the promotional opportunity and voiced her support for this promotion.

Alderperson Kneebone indicated she serves on the Transportation Commission and supports this promotion, indicating this candidate is the best qualified.

Alderperson Oberstadt moved to approve the promotion, Alderperson Dugan seconded. Ayes all, nays none. Motion carried.

2. Adjournment – 6:05 p.m.

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CITY OF STEVENS POINT

BOARD OF PUBLIC WORKS MEETING Monday, June 11, 2018

Police Department – 933 Michigan Avenue Stevens Point, WI 54481

MINUTES

PRESENT: Chairperson Mayor Wiza, Director of Public Works Scott Beduhn, Comptroller/Treasurer (C/T) Corey Ladick and Tricia Church; Alderpersons: Tori Jennings(1st) and Mary Kneebone(7th), Mary McComb(9th) and Shaun Morrow(11th). EXCUSED: Jeremy Slowinski(6th) who was available by speakerphone. ALSO PRESENT: DIRECTORS: Tom Schrader – Parks & Recreation and Michael Ostrowski – Inspection & Development. OTHER CITY STAFF MEMBERS: City Attorney Andrew Beveridge, Police Chief Marty Skibba, Fire Chief Bob Finn and City Clerk John Moe ALDERPERSONS: Cindy Nebel(3rd), Heidi Oberstadt(4th), Meleesa Johnson(5th), Cathy Dugan(8th), Mary McComb(9th) and Mike Phillips(10th). OTHERS PRESENT: Brandi Makuski – Stevens Point Metro Wire, Tony Babl – UWSP Police, Trevor Roark – 601 Washington Avenue, Vicky and Maryan Chojnacki – 5424 Claret Drive, Rachel Karcher – 1717 Maria Drive #103, Ben Kollock – 1372 North Second Drive, Craig and Susan Tesch – 1100 Frontenac Avenue. Chairperson Mayor Wiza called to order the Board of Public Works meeting at 6:26 p.m. The meeting was held on Monday, June 11, 2018 at the Police Department located at 933 Michigan Avenue in Stevens Point.

1. Consideration and possible action to accept the Director’s Report and place it on file. Alderperson Morrow moved approval to accept the Director’s Report and place it on file; seconded by Alderperson Jennings. Alderperson Morrow mentioned that folks in his area have stated that they like the stop lights on Stanley Street and Green Avenue especially during the early morning hours. Alderperson Kneebone is pleased with the great work the streets crew and Fahrner Asphalt are doing with the Chip Seal Project. She stated that they started the work in her neighborhood and she was impressed how fast and professional they are. Alderperson Dugan asked Director Beduhn if there was any more specific information regarding the Sidewalk Continuation Project to which Director Beduhn stated that we should have a schedule later this week and will be sending a notice to the residents on what that schedule will be.

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Craig Tesch, 1100 Frontenac Avenue, voiced his concerns regarding the Sidewalk Continuation Project. First of all he is disappointed with the lack of communication from the City. He feels the affected constituents should have an opportunity to voice their concerns before the decision is made on how the project should go. He stated that the public informational meetings are only for people to let off some steam but in the end the project goes the way it is planned. He feels the reason behind doing his neighborhood is for aesthetics for the City. He pointed out that when he looked back, this project was presented through the “Safe Routes to Schools” but looking at the map, we are starting the project a couple blocks out versus filling in gaps that are around specifically Washington School. Mayor Wiza explained that the “County Wide Bicycle and Pedestrian Plan” is available on the City and County websites. He further explained that the meetings where the “Safe Routes to School” and “Sidewalk Continuation Project” were talked about were recorded and can be viewed online. Those meetings explain the logic behind the thought process. By mistake, Mayor Wiza asked for a motion to which Alderperson McComb moved; seconded by Alderperson Kneebone. Ayes all; nays none; motion carried.

2. Discussion on proposed changes to multi-space kiosk parking zone and on-street overnight parking. **Due to the length of discussions regarding parking, please visit our website to view the recording of all that was discussed.**

3. ADJOURNMENT: Chairperson Mayor Wiza adjourned the June 11, 2018 Board of Public Works Meeting at 7:27 p.m.

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CITY OF STEVENS POINT PUBLIC PROTECTION COMMITTEE

Monday, June 11, 2018 – 6:06 P.M. Police Department, 933 Michigan Avenue

Present: Alderpersons: Oberstadt, Nebel, Kneebone, Dugan and Phillips Also Present: City Attorney Beveridge; Comptroller/Treasurer Ladick; City Clerk Moe;

Alderpersons Jennings, Johnson, McComb and Morrow; Directors Schrader, Ostrowski and Beduhn; Chief Skibba; Trevor Roark; Tony Babl; Brandi Makuski – Metro Wire

1. License List:

A. New Operators (Bartenders) Licenses. B. Renewal Operator’s Licenses. C. Temporary Class “B” / “Class B” License (Picnic):

i. Pacelli Catholic Schools, 1301 Maria Drive, Stevens Point for Panacea on September 7, 8 and 9, 2018 at 1301 Maria Drive. Licensed operator on premise: Gregg Hansel. (Beer and Wine)

ii. Jam‘n’July, 1372 N. Second Drive, Stevens Point for Jam‘n’July 2018 on July 21, 2018 at Pfiffner Pioneer Park. Licensed operator on premise: Katelyn Kollock. (Beer only)

D. Renewal “Class A” Liquor and Class “A” Fermented Malt Beverage License: Riiser Fuels, LLC, for R Store #25, 5485 Highway 10 E, Stevens Point; Laurie Whetzel, agent for license period beginning July 1, 2018.

E. “Class A” Liquor License: Schierl Sales Corp, for The Store #51, 708 Division Street, Stevens Point; Sarah Harry, agent for license period beginning July 1, 2018.

F. Temporary Extension of Licensed Premise: North Point Pub, 348 Second Street N, request for extension of licensed premise for a special event on July 14, 2018 to include a 20’ x 40’ tent in the back parking location.

G. Change of Agent: Schierl Sales Corporation, 2201 Madison Street, Stevens Point, WI; Bethany Weidman, 383 Clinton Ct #3, Amherst, WI, agent at The Store #58, 5601 Carrie Frost Dr. Suite B, Stevens Point, replacing Nya Stalter.

H. Commercial Animal Establishment (Renewal): i. Country Paws Bed & Biscuit, 2107 Country Club Drive, Stevens Point, WI; Laura

Bronk, 2107 Country Club Drive, owner. ii. The Barking Lot, 3432 Minnesota Ave, Stevens Point, WI; Pamalla Schneider,

1937 Plover Street, owner. I. Junk Dealer/Recycling License (Renewal): Express Recycling LLC, 2608 Water

Street, Stevens Point; Matt and Tim Zacher, Owners.

Ald. Dugan asked if it is common for gas stations to sell liquor. Clerk Moe replied yes. Ald. Phillips moved, Ald. Nebel seconded, to approve items 1. A. through I. Call for the vote: Ayes, all; nays, none; motion adopted.

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2. Request to Hold an Event/Street Closings:

A. Team Schierl & Mada Pink Game for Cancer with UWSP Pointers Athletics on Wednesday, September 26, 2018. Requesting closure of the north lane of a section of Fourth Avenue on Sept. 26, 2018 from 10:00 a.m. to 2:00 p.m. and to change the name of Fourth Avenue to PINK Street from September 24 through October 31, 2018.

B. Veterans Relief Fund – Running of the Flag 5K Run/Walk on July 4, 2018. Requesting closure of a section of Crosby Avenue.

C. City of Stevens Point’s Parks, Recreation and Forestry - Riverfront Rendezvous on June 29 – July 1, 2018 Requesting closure of a section of Crosby Avenue from June 28 through July 1, 2018.

D. S.O.S. “Support Our Slack’s” run/walk event on June 23, 2018.

Mayor Wiza stated for the Running of the Flag event, they would like a veteran in a golf cart to lead the run/walk so it would need to be added to the motion to allow for a motor vehicle on the Green Circle Trail. Ald. Kneebone asked if there will be any conflicts with the Running of the Flag run/walk and parade route. Mayor Wiza replied there should not be any. Ald. Phillips moved, Ald. Kneebone seconded, to approve all of the events, street closings and the change that the Mayor added for the golf cart. Call for the vote: Ayes, all; nays, none; motion adopted. 3. Ordinance Amendment – Traffic – Mayoral Authority to Temporarily Close Streets

(Creation of Section 9.18 of the RMC).

City Attorney Beveridge said there is a section in the state traffic code that allows a Council to approve street closings for city organized events by order, resolution or ordinance. He said this ordinance amendment would allow street closures for city sponsored events as long as they are approved by the Mayor.

Ald. Phillips moved, Ald. Dugan seconded, to approve the ordinance amendment. Call for the vote: Ayes, all; nays, none; motion adopted. 4. Ordinance Amendment – Licenses and Permits – Private Parking Lots and Use of

Immobilization Devices (Creation of Section 12.27 of the RMC).

City Attorney Beveridge said there are provisions in the state statutes that allow municipalities to regulate and license the use of immobilization devices for parking enforcement. He said the statute was changed so vehicles improperly parked in a private parking lot could be towed without having the police department first issuing a parking citation. The City Attorney reviewed the requirements of this ordinance such as

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signage and practices for the use of these devices. He said a procedure for sound practices of contesting towing charges needs to be addressed. Ald. Nebel said the word police should be changed to policy in item 5A of the ordinance. She said the signage requirements are excessive and could be costly. City Attorney Beveridge said the requirement of a sign for every ten parking spaces is outlined by state statute. Ald. Phillips asked if this should be postponed until next month. City Attorney Beveridge said next month would give him time to prepare a contesting policy. Ald. Nebel moved, Ald. Dugan seconded, to postpone this until next month. Call for the vote: Ayes, all; nays, none; motion adopted. 5. Adjournment. Adjournment at 6:24 p.m.

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FINANCE COMMITTEE MAY 14, 2018 AT 8:12 P.M.

POLICE DEPARTMENT – 933 MICHIGAN AVENUE PRESENT: Ald. Phillips, Johnson, and Morrow VIA PHONE: Ald. Slowinski EXCUSED: Ald. Shorr ALSO PRESENT: C/T Ladick; Mayor Wiza; City Attorney Beveridge; City Clerk Moe; Director Schrader,

Ostrowski; Beduhn; Police Chief Skibba; Fire Chief Finn; Ald. Kneebone, McComb, Oberstadt, Dugan, Nebel, Jennings; Brandi Makuski; Mary Meyer; Dave Ladick;

Mike Disher; Doug Bitson ITEM #1 – REQUEST FOR FINANCING OF ARTIFICIAL TURF PROJECT AT ZENOFF PARK. C/T Ladick stated that this is similar to a project we did a few years back at Goerke Park, which also was an artificial turf field project. For that project, we had pledges, most of which were over 10 years, so it was mainly private financing that went into that. The City then borrowed the money to do the project and then the pledges were used to make the debt service payments. We have an estimated price to do artificial turf at Zenoff Park for $560,177 and Mike Disher, of the Softball Association, has secured $468,000 in pledges, leaving a little gap, but he is confident that the rest of the pledges can be secured. The commitment from the City would be that we need to borrow the part of the money that we are not getting up front, which would be about $400,000, with the understanding that we would have these pledges over 5-10 years and those would then repay the debt. Mike Disher, 2616 Prais Street, stated he has been with the Softball Association since 1974. He went on to state that only the infields are going to be turfed and by doing this they would be able to expand the program to the special needs people who cannot play ball on dirt infields. They are also working with the YMCA for more programs. They have $468,000 in donations through today and within a week, he predicts they may be at another $75,000. The project is being worked on with the Rettler Corporation and they are hoping it would start this fall and finish up next spring. He stated that they had the money raised, but then they found out the cost of the turf went up 34%, but is confident that they will raise the rest of the money. Ald. Johnson questioned if they have checked to see if Rettler had the best price available. Mr. Disher responded that Rettler does not make or install the turf, they are the general contractor and one of the best in the state and did a great job at Goerke Park. The actual work will be bid out. Ald. Johnson questioned what the debt schedule looks like so the Association is aware of how they are paying us and at what rate. C/T Ladick responded that the debt schedule, as much as possible, will be timed with how their pledges run, so we would load the principal payments a little bit heavier on the first five years to correspond with how the cash inflows are coming in from the pledges. Mr. Disher stated that he does not believe that they can do the whole project this fall, there is a lot of ground work that needs to be done first. The ground work would be done September-October and then finished in 2019. They figured out that they would need $560,000 for the whole project, a little less than $375,000 is for the turf, so the remaining approximate $190,000 would be what is needed in 2018. The balance would then be due by the City in 2019. He stated they have $145,000 of the $190,000 for the 2018 costs. He also stated that if they have enough money, he would like to remove the volleyball court at Zenoff Park and put in a multi-surface basketball/pickleball court for the community to be able to use. Ald. Johnson questioned how much time this would save on maintenance due to the shift of work. Director Schrader said it would be a lot easier for them and the cost savings of $5,000 was based on not needing to send crews out on Sunday nights to prepare fields and for weekend tournaments, there would be 3 diamonds eliminated that they would not need to work on at all. They would only

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have the maintenance of raking the field once a week. The turf at Goerke field was said to last 8 years, but they have maintained it well and are now on year 10 with an expected two more years yet. He said they maintain it so well that the company did a workshop at the Goerke field to show others how to maintain it. Ald. Slowinski stated that he thinks it is a great project but has concerns over pledges made but not kept and what that would do for the payments on the debt and if it would fall back on the City taxpayers. C/T Ladick stated the debt would be the responsibility of the City but stated we have not had any problems with the pledges coming in for Goerke. Mr. Disher also stated that these pledges are made by reputable businesses and it has been explained to all of the donors that a contract needs to be signed that will lock them into that pledge. Ald. Slowinski stated he is concerned about our borrowing capacity with all the projects we have going on. C/T Ladick stated he shares that concern because we do have a lot going on for both this year and into 2019 and we do have to be choosey in what we do and how we utilize that debt capacity. He also stated that he does see the opportunity and likes the private sector support with a chance to do something without utilizing City taxpayer dollars. Motion made by Ald. Johnson, seconded by Ald. Morrow, to move forward with the concept of completing this project with the Softball Association. Ayes: All Nays: None Motion carried. ITEM #2 – REQUEST FOR MORTGAGE FINANCING – 281 WASHINGTON AVENUE. C/T Ladick stated that the gentleman at this address had some redevelopment loans on the property from both the City and the RA for making improvements and unfortunately he did pass away, making those loans due and payable. The daughter of the individual has inherited the house and she has asked if the City would extend mortgage financing for a 15 year loan at 3% interest. He stated he appreciated the offer, but the correct channel to direct this person to would be bank financing. We need to keep these revolving loan funds, revolving, we are not a bank and are not set up to take monthly mortgage payments, and we are not set up for paperwork, compliance and regulatory capabilities to handle traditional consumer lending. 0% loans for rehabilitation is different than doing a market interest rate/traditional mortgage. He recommended to deny the request and refer them to traditional financing. Director Ostrowski stated that this property also had an RA loan and the RA did grant approval for the daughter to take over the loan for her father as she did meet their income requirements so there is public money involved with this project and he agrees that we probably should not get into the business of charging a market rate interest on projects like this. Motion made by Ald. Morrow, seconded by Ald. Johnson, to deny the request and refer them to a traditional mortgage lender. Ayes: All Nays: None Motion carried. ITEM #3 – REPLACEMENT OF WINDOWS AT THE PORTAGE COUNTY LIBRARY BUILDING, 1001 MAIN ST. C/T Ladick stated this is a request from the library and is to replace 12 windows that fog up and do not meet certain standards. The estimate is anywhere from $10,000-$17,000, but they have not gotten quotes yet because they want to know first if the City is willing to pay for them. Ald. Morrow questioned if the County shares in this cost. C/T Ladick responded that the County contract is written that the County pays for the first $2,000 of a repair and we pay for anything over that, however, there are a few exceptions to that, one being the parking lot and sidewalks and the other is windows. With those exceptions, the City has to pay 100% of the cost.

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Ald. Phillips questioned if there was still a list from when they took the library over and did not want to take it from us. C/T Ladick stated yes, with the current lease agreement that we have, they did agree to make a specific list of capital repairs that did include some windows, but those windows are in a different section of the library and that repair has not yet been completed. They have a request into the Historic Preservation Commission to see about the type of windows they wanted to install. Historic did have some feedback, so they are modifying their plan to work with the Historic Preservation Commission’s concerns. Ald. Phillips questioned why we are not going out for the quotes, we own the building. Mayor Wiza stated that we do not have a facilities department and he does not feel that we would get any different bids than they would. C/T Ladick stated we also keep the City Engineer, Scott Beduhn, typically involved, so we can make sure he gets a copy of the bids and can review them as well to give it some City oversight. Ald. Phillips questioned if we will get a final number by Council. C/T Ladick stated the challenging part is that contractors are really busy right now. Mayor Wiza suggesting making a motion to authorize replacement of the windows, up to a certain amount and if it is above that amount, it comes back to Committee. Ald. Jennings questioned if the windows being referred to were the large panes on the 50’s style portion of the library. Ald. Phillips stated he was in the building and there were some windows that were fogged up, but they were on the west side, 2nd floor. They were not the monster windows, they were big windows, but not the ones she was referring to. Mayor Wiza stated they would get the exact locations of the windows and get back to the members. Ald. Jennings stated she was asking because if they were going to invest in new windows, maybe they could do some additional façade work to improve the looks of the building. Motion made by Ald. Phillips, seconded by Ald. Morrow, to approve replacing the windows at the Portage County Library for up to $15,000. Ayes: All Nays: None Motion carried. ITEM #4 – REPLACEMENT OR REMOVAL OF BOLLARDS ON THE SOUTH-SIDE OF THE PORTAGE COUNTY LIBRARY BUILDING. C/T Ladick stated these bollards are on the south side of the building and are small posts that have lights inside of them on the outside of the building. The County said they either need to be repaired or removed and their preferred option is to remove them. The County is responsible for the first $2,000 of this type of repair and he is not sure if it would be more than $2,000. Director Beduhn looked at the bollards also and he did notice some are leaning and some have a few dents and could use some fresh paint, but overall, his analysis was that it was not in dire need of replacement, so recommendation is to allow the County to remove them at their expense. Director Beduhn agreed with C/T Ladick and stated from what he could see visually, there was nothing there that would be a safety issue. Ald. Phillips questioned if these were in the cement, Director Beduhn stated some are in the cement in the sidewalk and some are in the garden area. Motion made by Ald. Morrow, seconded by Ald. Phillips, to allow the County to remove the bollards, if they so choose, but at their own expense. Ayes: All Nays: None Motion carried. ITEM #5 – CONSIDERATION OF BID FOR REPAIRS TO EDGEWATER MANOR, AND DISCUSSION OF OTHER OPTIONS.

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Director Ostrowski gave a brief overview of the history of the building problems and the façade issues. He did state that they were approaching the time when they were originally told that the temporary fix to the façade would need to be looked at again, so he is recommending that they have it looked at again to see where they stand and how much time they have left. They went out for bids, had 3 walk-throughs, but only 1 bid returned for a total of approximately $4.2 million, well above what the needs assessment that was done on that property had stated those costs would be. There are many reasons why the bid could have come in so high; it is a tough bidding environment, contractors are full of work right now, etc. Another factor is that there is a lot of brick mass on that building. The $4.2 million does not include what would have to be done for the power lines on the west side of the building, those would have to be temporarily relocated because of the closeness of them to the building or burying those lines so they do not have to be dealt with in the future. A rough estimate from WPS was around $100,000. If we went out for a 10 year borrowing for this facility, it would make rents jump substantially, to over $800/month. That is not something that most of the residents at Edgewater can afford and it would also put our ability to accept vouchers for that facility in jeopardy, because we do have to charge market rate rents in order to accept the vouchers. Ald. Morrow questioned if the loan would go out further, like from 10-15 years, would that make the rents lower. This amount seems like it would be better to build a whole new building. Director Ostrowski stated that he has been in contact with some developers to see what they are seeing for construction costs for new facilities and one did a 72 unit development with a small commercial space, but that was about $14 million. He did say going longer for the borrowing is an option but anything over 10 years requires a referendum. He also added that these are not the only repairs that Edgewater is going to need within 10 years. They still have some very outdated interior units, so as the prices of the rents would increase, we will start getting to a point where we are probably above what the market is going to bear for the conditions of the interior of the unit. That will start affecting the marketability. Currently, we are fairly full, last time he spoke with Candlewood, there were six vacancies, however they had three people set up for units, so they really only had three. He is guessing we would be at 60-70% of what it would cost to replace this building with brand new. Ald. Morrow questioned that he thought that the rents were being built in with an amount to help fund the remodel and he thought they were slowly remodeling the units. Director Ostrowski stated they have started to slowly remodel some, by putting in new laminate floors, but the massive overall of all the appliances, plumbing, cabinetry, bathrooms, etc. is going to be a pretty large undertaking and cost a significant amount. Ald. Johnson stated she has been spending a lot of time with continuum care, as the chair of the Health Care Center Committee, and learned a lot of assisted living, skilled nursing, community-based living and the like. She had a discussion with the County’s owner representative working on the Courthouse remodel and Secure Courts and Corrections Facility and one of the things that was said was understanding the market need, which is not necessarily income based, but how we are transitioning as a society. She said people are transitioning from larger homes to smaller homes with the idea that they are going to age in place. She is finding that residential elderly living, which is income based derived, even moving forward with what everyone thinks the baby boomers are going to need that level of care, when you survey them, they want to stay in their own homes or in an apartment that is smaller, but not necessarily in a residential setting. She stated that we need to look at the need as it relates to our future projections as it relates to that continuum of care and how does aging placement and all the services for the aging, even for lower income folks, impact what we need. Ald. Morrow stated that $4 million is really out of what he thought anyone on the Counsel thought this would be. Ald. Johnson stated she is not surprised by the amount, she is used to construction projects and contractors can pick, you do not get your preferred bid. Director Ostrowski also stated that remodeling an existing building, there will likely be unknowns. There will likely be change orders and at that point and time, you are committed to this project because you cannot just stop in the middle of it. Being cognizant of the level of disruption that this

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may cause to some of the tenants within the facility, this option would minimize the disruption as much as possible, by having standard work hours, building walls, keeping down the dust, etc. Mary Meyer, 1450 Water Street, Apt. 302, gave a history of Edgewater and spoke in favor of keeping the facility as City owned, keeping the rents stable and in step with the Section 8 Housing Choice Voucher program. Ald. Phillips asked what the timetable is for completing this project, as of today. Director Ostrowski replied that we would likely start later this year and would roll through the winter. Ald. Phillips asked about the drop dead date that we were given to have this done. Director Ostrowski stated that we need to get the consultant down here that did the last analysis of the wall to make sure that we are not seeing further degradation of the wall. The intent would be to have them out there this week with a final report being drafted the following week or two. He may be able to get some preliminary analysis before Counsel. Ald. Phillips stated that we should probably postpone this until we have a better timetable. Director Ostrowski agreed and stated as soon as he has the report, he will report back on the findings. Ald. Morrow questioned how much of the $1.5 million that we already borrowed for has been spent. Director Ostrowski replied that they have not really used any of the $1.5 million yet, other than what we have been spending on the architectural services. The operating funds at Edgewater have been paying for a lot of it. They have over $600,000 in savings to use for some of the upgrades, which is from the rents. ITEM #6 – APPROVAL OF CLAIMS PAID. Motion made by Ald. Johnson, seconded by Ald. Morrow, to approve the claims paid in the amount of $4,362,908.92. Ayes: All Nays: None Motion carried. ITEM #7 – ADJOURN INTO CLOSED SESSION (APPROXIMATELY 7:45 P.M.) PURSUANT TO WISCONSIN STATUTES 19.85(1)(E) (DELIBERATING OR NEGOTIATING THE PURCHASING OF PUBLIC PROPERTIES, THE INVESTING OF PUBLIC FUNDS, OR CONDUCTING OTHER SPECIFIED PUBLIC BUSINESS, WHENEVER COMPETITIVE OR BARGAINING REASONS REQUIRE A CLOSED SESSION) ON THE FOLLOWING. A. NEGOTIATING THE TERMS OF A DEVELOPMENT AGREEMENT FOR A PROJECT IN TAX INCREMENTAL DISTRICT #5 (DIVISION STREET). B. NEGOTIATING THE TERMS OF A DEVELOPMENT AGREEMENT FOR A PROJECT IN TAX INCREMENTAL DISTRICT #5 (DIVISION STREET). C. NEGOTIATING THE PURCHASE OF PROPERTIES IN TAX INCREMENTAL DISTRICT #5 (DIVISION STREET). D. NEGOTIATING A DEVELOPMENT AGREEMENT IN ALDERMANIC DISTRICT #4. E. NEGOTIATING THE PURCHASE OF PROPERTIES IN TAX INCREMENTAL DISTRICT #6. Motion made by Ald. Morrow, seconded by Ald. Johnson, to adjourn into closed session at 8:30 p.m. Roll Call: Ayes: Ald. Phillips, Morrow, and Johnson Nays: None Motion carried. ITEM #8 – RECONVENE INTO OPEN SESSION (APPROXIMATELY 8:45 P.M.) FOR POSSIBLE ACTION ON THE ABOVE REFERENCED CLOSED SESSION ITEM. Motion made by Ald. Morrow, seconded by Ald. Johnson, to reconvene into open session at 9:39 P.M. Roll Call: Ayes: Ald. Phillips, Morrow, and Johnson Nays: None Motion carried. A. NEGOTIATING THE TERMS OF A DEVELOPMENT AGREEMENT FOR A PROJECT IN TAX INCREMENTAL DISTRICT #5 (DIVISION STREET).

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Motion made by Ald. Johnson, seconded by Ald. Morrow, to authorize staff to move forward with development on former K-Mart property. Ayes: All Nays: None Motion carried. Adjournment at 9:40 P.M.

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COMPTROLLER-TREASURER REPORT for the period ending April 30, 2018

Bal Apr 1, 2018 Receipts Disbursements Bal Apr 30, 2018

GENERAL OPERATING CASH $1,319,158.78 $6,175,852.67 $2,718,216.38 $4,776,795.07

WATER & SEWER (CASH & INVEST) $15,525,923.88 $2,185,620.19 $2,788,620.36 $14,922,923.71 ( includes airport, transit , stormwater)

INVESTMENTS Bal Apr 1, 2018 TRANSFER IN TRANSFER OUT Bal Apr 30, 2018

GENERAL $28,911,971.17 $68,045.65 $1,000,000.00 $27,980,016.82

SPECIAL REVENUE $696,732.90 $0.00 $0.00 $696,732.90

DEBT SERVICE $134,391.76 $8,492.22 $19,919.91 $122,964.07

CAPITAL PROJECTS $7,720,575.18 $9,780.64 $1.18 $7,730,354.64

ENTERPRISE $0.00 $0.00 $0.00 $0.00

TRUST $2,072,103.85 $0.00 $0.00 $2,072,103.85

TOTALS $39,535,774.86 $86,318.51 $1,019,921.09 $38,602,172.28

EXPENDITURES: BUDGET YTD % REVENUES BUDGET YTD %

GENERAL GOVT $3,557,424.00 $1,312,765.89 36.90% GENERAL $23,183,485.00 $14,207,198.47 61.28%POLICE $5,402,638.00 $1,804,988.94 33.41%FIRE $5,163,362.00 $1,619,732.10 31.37%PUBLIC WORKS $5,817,208.00 $1,619,062.34 27.83%PARK & REC $1,875,153.00 $479,206.19 25.56% CAPITAL PROJECTS $745,700.00 $60,368.58 8.10% DEBT SERVICE $7,921,054.00 $5,340,563.75 67.42% YTD TARGET 33.33%

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RESOLUTION

[Conditional Use Permit Amendment – Igna Real Estate & Investments, LLC. – 201 Wilshire boulevard – Construct Apartment Complex]

BE IT RESOLVED by the Common Council of the City of Stevens Point, Portage County, Wisconsin, that based upon the application and after reviewing the Plan Commission record and hearing the testimony of interested parties, the Common Council determines that all conditions required have been met, the

property located at 201 Wilshire Boulevard (Parcel ID 281240827230032), and described as LOT 2 CSM#9279-39- 59 BNG PRT SWNW S27 T24 R8 799061, City of Stevens Point, Portage County, Wisconsin, is here by granted a Conditional Use Permit to construct a multiple family apartment complex as indicated on the attached plans, with the following conditions:

1. Refuse storage shall be located nearer the building, and not visible from the street. The

applicant shall submit an updated site plan with the new location, to be reviewed and approved

by Community Development Department staff.

2. Refuse storage shall be constructed of masonry materials complementing the main building. A

design shall be submitted by the applicant for review and approval by Community Development

Department staff.

3. The driveway entrnace and apron shall be curbed.

4. The fence along Doolittle Drive be set back 10 feet from the property, conforming to Section

30.04(3).

5. Landscaping shall be installed adjacent to the proposed fence. Landscaping shall be extended into the full landscape areas to fully screen the parking lot on all sides.

6. Four trees shall be installed along the north property line. The trees shall meet the planting requirements outlined in the zoning ordinance.

7. All fences shall be constructed of maintenance free materials (e.g. vinyl).

8. The applicant shall submit an updated landscaping plan meeting the requirements above, and

which shall meet screening requirements per Chapter 23, Zoning Ordinance.

9. Applicable building codes shall be met and applicable permits obtained.

10. The maximum number of units shall be 12 with a maximum number of 36 bedrooms.

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11. A masonry or metal material shall be incorporated or wrapped around the pillars and railings of

the overhangs/patios/porches. As an alternative, a complete composite decking material can be

used for the entire structure. Such materials shall be approved by the Community Development

Department.

12. Sidewalks shall be installed on the entirety of the property abutting the streets, meeting all

applicable design requirements to be reviewed and approved by the director of public works.

The sidewalks shall connect to the internal sidewalks as shown on the proposed plan.

13. A stormwater plan shall be submitted for review and approval by the Utility Department and/or

the Public Works Department.

14. The applicant shall pay the required park fee per unit to the City.

15. Minor modifications may be approved by staff.

16. The Conditional Use Permit shall expire within two years after final approval. Such approval constitutes a Conditional Use under the City’s ordinances.

Approved: Mike Wiza, Mayor

Attest:

John Moe, City Clerk Dated: June 11, 2018 Adopted: June 18, 2018 Drafted by: Michael Ostrowski Return to: City Clerk

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amendment 2018.docx

ORDINANCE AMENDING THE REVISED MUNICIPAL CODE

OF THE CITY OF STEVENS POINT

The Common Council of the City of Stevens Point do ordain as

follows:

SECTION I: That the Official Street Map and Extraterritorial

Street Map of the City of Stevens Point be amended by renaming

the following described street to Worth Drive.

Worth Court

A 66 foot wide street from its intersection with E.M. Copps Drive to its intersection with

Clems Way more particularly described as follows and depicted on attached Exhibit “A”:

Said Street located in the Southeast Quarter of the Northeast Quarter, and the Fractional

Northeast Quarter of the Northeast Quarter of Section 2, Township 23 North, Range 8 East,

City of Stevens Point, Portage County, Wisconsin described as follows:

Commencing at the east quarter corner of said Section 2; thence North 01 degree 52

minutes 15 seconds West along the east line of said Northeast Quarter of Section 2 a

distance of 378.72 feet to the easterly extension of the north right-of-way line of Clems Way;

thence South 89 degrees 37 minutes 14 seconds West along said easterly extension and

said north right-of-way line 643.07 feet to the point of beginning; thence continuing South 89

degrees 37 minutes 14 seconds West along said north right-of-way line 66.02 feet to the

southwest corner of Lot 1 of Portage County Certified Survey Map Number (PCCSMN)10796-

49-76; thence North 01 degree 52 minutes 46 seconds West along the west line of said Lot 1

a distance of 262.80 feet; thence northeasterly 150.80 feet along the arc of a 213.00 foot

radius curve, tangent with the last described course, center to the east, the chord bears

North 18 degrees 24 minutes 09 seconds East 147.67 feet; thence northwesterly 104.00 feet

along the arc of a 147.00 foot radius curve, tangent with the last described course, center

to the west, the chord bears North 18 degrees 24 minutes 57 seconds East 101.85; thence

continuing North 01 degree 51 minutes 10 seconds West along said west line of Lot 1 a

distance of 177.97 feet to the northwest corner thereof; thence North 01 degree 51 minutes

10 seconds West 205.01 feet to a point on the west line of Lot 2 of PCCSMN 7838-29-118&A;

thence North 01 degree 50 minutes 11 seconds West along said west line 196.06 feet;

thence northeasterly 311.85 feet along the arc of a 416.00 foot radius curve, tangent with

the last described course, center to the east, the chord bears North 19 degrees 41 minutes

20 seconds East 304.60 feet; thence continuing North 44 degrees 37 minutes 03 seconds

East along said west line of Lot 2 a distance of 41.91 feet to the southwesterly right-of-way

line of E.M. Copps Drive; thence South 46 degrees 50 minutes 21 seconds East along said

southwesterly right-of-way line 66.02 feet; thence South 44 degrees 37 minutes 03 seconds

West along the east line of said Lot 2 a distance of 41.51 feet; thence southwesterly 260.47

feet along the arc of a 350.00 foot radius curve, tangent with the last described course,

center to the east, the chord bears South 19 degrees 31 minutes 59 seconds West 254.50

feet; thence continuing South 01 degree 50 minutes 11 seconds East along said east line of

Lot 2 a distance of 396.60 feet to the southeast corner thereof and the northeast corner of

said Lot 1 of PCCSMN 10796-49-76; thence South 01 degree 51 minutes 10 second East

along the east line of said Lot 1 a distance of 177.92 feet; thence southwesterly 150.70 feet

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along the arc of a 213.00 foot radius curve, tangent with the last described course, center

to the west, the chord bears South 18 degrees 24 minutes 57 seconds West 147.58 feet;

thence southeasterly 104.07 feet along the arc of a 147.00 foot radius curve, tangent with

the last described course, center to the east, the chord bears South 18 degrees 24 minutes

09 seconds West 101.91 feet; thence continuing South 01 degree 52 minutes 46 seconds

East along said east line of Lot 1 a distance of 264.53 to the point of beginning and there

terminating.

SECTION II: The City Clerk shall file a copy of the ordinance with the Register of Deeds of

Portage County, Wisconsin.

SECTION III: This ordinance shall take effect upon passage and publication.

APPROVED: _____________________________

Mike Wiza, Mayor

ATTEST: __________________________________

John Moe, City Clerk

Dated:

Passed:

Published:

RETURN TO: Stevens Point City Clerk

Drafted by P. Fuehrer, City Engineering

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Grant School Twin Home Development Development Agreement Between the City of Stevens Point and D-J Rice Development, LLC Approved by the Common Council of the City of Stevens Point: *_________________

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Contents

Part 1. Definitions ................................................................................................................................. 6

Part 2. Parties Warranties and Representations .................................................................................. 6

Division 2.01 City Representations ................................................................................................ 6

Division 2.02 Developer Warranties and Representations ............................................................ 7

Part 3. Parties Undertakings ................................................................................................................. 8

Division 3.01 City Undertakings ..................................................................................................... 8

Section 3.01.01 Construction of Alley ....................................................................................... 8

Section 3.01.02 Construction of Water and Wastewater Improvements ................................ 8

Section 3.01.03 City Payment of Deferred Assessments .......................................................... 8

Division 3.02 Developer Undertakings ........................................................................................... 9

Section 3.02.01 Purchase of the Development Site ................................................................. 9

Section 3.02.02 Raze Existing Structure and Preparation of the Development Site ................ 9

Section 3.02.03 Dedication of Land for Alley and Other Public Improvements ....................... 9

Section 3.02.04 Construction of the Private Improvements .................................................... 9

Section 3.02.05 Minimum Tax Increment Payment ................................................................. 9

Section 3.02.06 Cost of Water and Wastewater Improvements ............................................ 10

Section 3.02.07 Developer Payment of Deferred Assessments ............................................. 10

Section 3.02.08 Grant of Collateral ......................................................................................... 10

Section 3.02.09 Property Maintenance .................................................................................. 10

Division 3.03 Conditions Precedent to Construction of Private Improvements .......................... 10

Section 3.03.01 Purpose ......................................................................................................... 10

Section 3.03.02 Pre-Construction Undertakings of the City ................................................... 10

Section 3.03.03 Pre-Construction Undertakings of the Developer ........................................ 11

Part 4. Security ................................................................................................................................... 11

Part 5. Assignment .............................................................................................................................. 11

Part 6. Default Provisions ................................................................................................................... 11

Division 6.01 Notice of Default .................................................................................................... 12

Division 6.02 Remedies upon Developer’s Default ...................................................................... 12

Part 7. Notices .................................................................................................................................... 12

Part 8. Nondiscrimination ................................................................................................................... 12

Part 9. No Personal Liability ................................................................................................................ 13

Part 10. Miscellaneous Provisions .................................................................................................... 13

Division 10.01 Cooperation with Grants ..................................................................................... 13

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Division 10.02 Entire Agreement ................................................................................................. 13

Division 10.03 Survival of Warranties, Representations, and Agreements ................................ 13

Division 10.04 Governing Law ..................................................................................................... 13

Division 10.05 Captions ............................................................................................................... 13

Division 10.06 Counterparts ........................................................................................................ 13

Division 10.07 Severability .......................................................................................................... 14

Division 10.08 Force Majeure ...................................................................................................... 14

Division 10.09 City Authorization ................................................................................................ 14

Exhibit A. Development Site ............................................................................................................ 17

Exhibit B. Private Improvements..................................................................................................... 18

Exhibit C. Alley Improvements ........................................................................................................ 19

Exhibit D. Water and Wastewater Improvements .......................................................................... 21

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Development Agreement

THIS DEVELOPMENT AGREEMENT is made and entered into as of the ___ day of

_______________, 2018 by and between the City of Stevens Point, Wisconsin, a Wisconsin

municipal corporation (the "City") and D-J Rice Development, LLC, a Wisconsin limited liability

company (the "Developer").

Recitals

WHEREAS, the City is committed to promoting infill development consistent with the

City's plans; and

WHEREAS, the Developer is willing to construct approximately 10 zero lot line duplexes

(20 units) on the Development Site if it obtains assistance from the City as set forth herein; and

WHEREAS, the City is willing to provide financial assistance as set forth herein, and has

determined that this Agreement is in the public interest; and

NOW THEREFORE, in consideration of the promises and mutual obligations of the

parties contained herein, each of them does hereby represent, covenant, and agree with the other

as outlined in this Agreement.

Purpose of Agreement

The parties hereto are entering into this Development Agreement for the construction of

10 zero lot line duplexes (20 units) on the Development Site. Further, the parties have reached an

understanding regarding participation and intend to enter into this Development Agreement to

record the understandings and undertakings of the parties and to provide a framework within which

the development may proceed.

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Part 1. Definitions

As used in this Agreement, the following terms shall have the meanings indicated:

A. "Agreement" means this Development Agreement by and between the City and

Developer, as the same may be from time to time amended.

B. "City" means the City of Stevens Point, Wisconsin.

C. “City Specific Tax Payment” means the City’s portion of the total real estate tax

liability for the Development Site.

D. "Developer" means D-J Rice Development, LLC, or assigns.

E. "Development" means construction of 10 zero lot line duplexes (20 units) and

related improvements. The Development will consist of three phases: Phase 1 –

Lots 1-8, Phase 2 – Lots 9-12, and Phase 3 – Lots 13-20. The lots for the

Development are generally depicted in Exhibit A.

F. "Development Costs" means the amounts expended by Developer for construction

of the Private Improvements as required under Section 3.02.04 of this Agreement,

which is estimated to be approximately Three-Million Six Hundred Thousand

Dollars ($3,600,000.00).

G. "Development Site" means a parcel of land approximately 1.4 acres in size located

at 525 Fourth Avenue Tax Parcel ID (281240830402401). The Development Site

is generally depicted in Exhibit A.

H. “Effective Date” means the date this Agreement is authorized by all parties.

I. "Private Improvements" means the construction of the 10 zero lot line duplexes (20

units), but generally described as the improvements to the Development Site. A

general description with conceptual drawings generally depict the planned Private

Improvements in Exhibit B.

J. “Property” means the Development Site as improved, including the Private

Improvements.

Part 2. Parties Warranties and Representations

Division 2.01 City Representations

The City makes the following representations as the basis for the undertaking on its part

herein contained:

A. The City is a municipal corporation and political subdivision organized under the

laws of the State of Wisconsin.

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B. The City has the authority to enter into this Agreement and carry out its obligations

hereunder pursuant to the authority granted to it by the Wisconsin Constitution and

State law.

C. The City proposes to provide assistance to Developer in accordance with the

provisions of this Agreement.

D. The activities of the City are undertaken for the purpose of removing blight,

increasing housing options, and promoting infill development.

E. The parties signing below on behalf of the City have been fully authorized to execute

this Agreement on behalf of the City.

Division 2.02 Developer Warranties and Representations

The Developer makes the following warranties and representations as the basis for the

undertaking on its part herein contained:

A. D-J Rice Development, LLC, duly organized and in good standing under the laws

of the State of Wisconsin, and is not in violation of any provisions of its Articles of

Organization, Operating Agreement or the laws of the State of Wisconsin, has the

power to perform its obligations hereunder and has duly authorized the execution,

delivery and performance of this Agreement by proper company action.

B. Developer will control the construction of the Private Improvements on the

Development Site.

C. The parties signing below for Developer warrant that they have full power and

authority to execute this Agreement on behalf of Developer, and to bind Developer

to the Agreement.

D. The construction of the Private Improvements on the Development Site by

Developer would not occur but for the assistance being provided by the City

hereunder.

E. Neither the execution and delivery of this Agreement, the consummation of the

transactions contemplated hereby, nor the fulfillment of or compliance with the

terms and conditions of this Agreement is prevented, limited by or conflicts with, or

results in the breach of the terms, conditions, or provisions of any contractual

restriction, evidence of indebtedness, agreement or instrument of whatever nature to

which Developer is now a party or by which is bound, or constitutes a default under

any of the foregoing.

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Part 3. Parties Undertakings

Division 3.01 City Undertakings

Section 3.01.01 Construction of Alley

City agrees to extend an alley from Grant Street to Frederick Street for the purpose of

access to the Development Site. Such improvements are estimated to cost $56,406.60 and are

further defined in Exhibit C.

Section 3.01.02 Construction of Water and Wastewater Improvements

City agrees to construct water and wastewater improvements to the property line for

each of the 20 units that will be located on the Development Site. Such improvements are

estimated to cost $80,264.47 and are further defined in Exhibit D. Since the Development will

be completed in phases, the City will proceed with the construction of these improvements after

the following activities have taken place:

1. Phase 1 – For the lots in Phase 1, the City will proceed with construction of these

improvements when the Developer supplies satisfactory evidence that they are the

legal owner of the portion of the Development Site that encompasses Phase 1 and

that they have secured the necessary financing to carry out Phase 1 of the

Development.

2. Phase 2 – For the lots in Phase 2, the City will proceed with construction of these

improvements when the Developer supplies satisfactory evidence that they are the

legal owner of the portion of the Development Site that encompasses Phase 2 and

that they have secured the necessary financing to carry out Phase 2 of the

Development. Furthermore, since the City may use the lots in Phase 2 as collateral

under Section 3.02.08, the City will not proceed with the construction of the

improvements for this phase until such collateral has been released.

3. Phase 3 – For the lots in Phase 3, the City will proceed with construction of these

improvements when the Developer supplies satisfactory evidence that they are the

legal owner of the portion of the Development Site that encompasses Phase 3 and

that they have secured the necessary financing to carry out Phase 3 of the

Development.

City also agrees to construct stormwater improvements within the alley that are

necessary to handle stormwater from the driveways of the Development. All other stormwater,

such as the roofs, shall be handled on site.

Section 3.01.03 City Payment of Deferred Assessments

The costs of constructing the alley, water infrastructure, and wastewater infrastructure

described in Sections 3.01.01 and 3.01.02 shall be assessed against the benefitted properties as

deferred assessments in accordance to the degree to which each parcel within the Development

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is benefitted by said improvements. Since the Development will be completed in three phases

and the Developer will not initially own Phase 3 of the Development, the deferred assessment

for the costs relating to the alley construction will not be placed on the lots in Phase 3 until the

Developer becomes the legal owner of these lots.

For all lots within the Development upon which a completed home is built and

associated final occupancy permit issued within 36 months of the Effective Date of this

Agreement, the City shall pay all such assessments except for 50% of the cost of the water and

wastewater improvements, with the remaining 50% to be paid by the Developer. Following

that 36 month period, the deferred assessments shall by paid in 5 equal yearly installments due

July 1 of each year. Those 5 installments shall be paid by Developer for each property unless

and until a home is completed upon that property and a final occupancy permit issued. Once

that occurs, the City shall pay any remaining portion of the deferred assessment for that parcel.

Division 3.02 Developer Undertakings

Section 3.02.01 Purchase of the Development Site

Developer agrees to purchase the Development Site from the current owner.

Section 3.02.02 Raze Existing Structure and Preparation of the Development Site

Developer agrees raze the existing building on the Development Site and prepare the

site for the development of the Private Improvements.

Section 3.02.03 Dedication of Land for Alley and Other Public Improvements

Developer agrees to dedicate the needed land for no financial consideration to the City,

so that the City may construct the alley as required under Section 3.01.01. The amount of land

shall be determined by the City in accordance with applicable standards for cross sections of an

alleyway appropriate for the area in question.

Section 3.02.04 Construction of the Private Improvements

Developer agrees to construct a residential development with a total assessed value of

at least $2,700,000.00 (two million, seven hundred thousand dollars), within 36 months of this

Agreement. Such Private Improvements are anticipated to be 20 single residential units within

10 buildings, and is further describe in Exhibit B.

Section 3.02.05 Minimum Tax Increment Payment

Following completion of the Private Improvements within 36 months of this

Agreement, Developer agrees to guarantee a minimum annual City Specific Tax Payment of

not less than $25,000.00 for a period of not less than 10 years. In the event that the amount of

City Specific Tax Payment is less than $25,000.00 for any year within the 10 years, the

Developer shall pay to the City an additional amount to make up for the shortfall (“Tax

Supplement Amount”). Such Tax Supplement Amount shall be paid to the City no later than

the date upon which the real estate tax payment it is associated with is due.

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Section 3.02.06 Cost of Water and Wastewater Improvements

Developer agrees to pay the City 50% of the Water and Wastewater Improvements

(Exhibit D) as a deferred assessment (estimated Developer cost is $40,132.24). Payment shall

be upon sale of each unit (estimated cost per unit is $2,006.61), but shall be completely payable

within 36 months of this Agreement. Meaning, Developer will need to have paid an estimated

$40,132.24 within 36 months of this Agreement.

Section 3.02.07 Developer Payment of Deferred Assessments

In addition to the 50% of costs for the Water and Wastewater Improvements, Developer

shall pay annual installments on deferred assessments on all properties that do not have a

completed home on them within 36 months of this Agreement. The assessment will be payable

on a 60 month term, commencing after the initial 36 months has expired. Interest will accrue

at a rate of 2.25% per annum after the initial 36 months. Payment will be due July 1 of each

year.

Section 3.02.08 Grant of Collateral

During the time between the Developer becoming the legal owner of lots in Phase 1 and

the Developer becoming the legal owner of the lots in Phase 3, the Developer shall grant the

City collateral in an amount and form acceptable to the City to cover 50% of the costs relating

to the cost the City will incur to construct the alley and related stormwater improvements. Such

collateral shall be released upon the City levying a deferred assessment for 50% of the costs of

the construction of the alley.

At the time of execution of this Agreement, the Developer anticipates using the lots in

Phase 2 (lots 9-12) of the Development as the collateral. Any change in collateral shall be

approved by the Comptroller-Treasurer and City Attorney for the City.

Section 3.02.09 Property Maintenance

Developer shall maintain the Property in a good and presentable condition at all times.

Developer shall maintain adequate insurance throughout the project.

Division 3.03 Conditions Precedent to Construction of Private

Improvements

Section 3.03.01 Purpose

The parties acknowledge that the Development will require substantial financial

resources. While each party is willing and prepared to perform its obligations hereunder, the

parties recognize that each must begin its performance under this Agreement and continue it up

to the point of construction.

Section 3.03.02 Pre-Construction Undertakings of the City

Prior to construction, the City agrees that it shall:

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A. Cooperate with the Developer to facilitate their performance under Division 3.02

and Section 3.03.03.

B. Cooperate with Developer in applying for zoning and other permits necessary for

the intended Development.

C. The Developer acknowledges that various specific undertakings of the City

described in Division 3.01 and Section 3.03.02 require approvals from City’s

Boards, Commissions, and/or Committees, the City's Common Council, as well as

from governmental bodies external to the City, some of which approvals may

require public hearings and other legal proceedings as conditions precedent thereto.

The City's agreements under Division 3.01 and Section 3.03.02 are conditioned

upon the obtaining of all such approvals in the manner required by law. The City

cannot assure that all such approvals will be obtained; however, the City agrees to

make good faith efforts to obtain them on a timely basis.

Section 3.03.03 Pre-Construction Undertakings of the Developer

Prior to construction, the Developer agrees that it shall:

A. Cooperate with the City so as to facilitate the City’s performance under Division

3.01 and Section 3.03.02.

B. Submit proof of financing for the Development Project.

C. Obtain all necessary zoning and other approvals for the Development.

D. For each phase of the project, acquire the portion of the Development Site necessary

for that phase from the current property owner.”

E.

Part 4. Security

The deferred assessments and collateral referred to in Section 3.01.03 and Section

3.02.08 shall serve as security for the City’s investment. The Developer agrees not to oppose

the levying of such deferred assessments.

Part 5. Assignment

The rights, duties, and obligations of the Developer hereunder may be assigned by

Developer provided that prior to any such assignment Developer procures the written consent of

the City to the assignment, which consent shall not be unreasonably withheld. Partners,

shareholders or members of the Developer may assign or transfer their ownership to other partners,

shareholders and members of the Developer without the consent of the City.

Part 6. Default Provisions

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Division 6.01 Notice of Default

In the event either party is in default hereunder (the "Defaulting Party"), the other party

(the "Non-defaulting Party) shall be entitled to take any action allowed by applicable law by

virtue of said default provided that the non-defaulting party first gives the Defaulting Party

written notice of default describing the nature of the default, what action, if any, is deemed

necessary to cure the same and specifying a time period of not less than thirty (30) days in which

the default may be cured by the Defaulting Party.

Division 6.02 Remedies upon Developer’s Default

In the event Developer defaults under the terms of this Agreement and fails to cure the

default after a notice within the time period provided pursuant to Division 6.01, then the City

without prejudice to any other rights or remedies afforded to the City, by applicable law may

compel conformance of this Agreement by bringing an action for a specific performance hereof

or make a claim for the security of the City development costs pursuant to Part 4 of this

Agreement.

Part 7. Notices

All notices, demands, certificates, or other communications under this Agreement shall be

sufficiently given and shall be deemed given when hand delivered or when mailed by first class

mail, postage prepaid, property addressed as indicated below:

To the Developer:

D-J Rice Development, LLC, or assigns

Attn: Jeff Rice

117 Edgewood Rd. N.

Custer, WI 54423

To the City:

City Clerk

City of Stevens Point

1515 Strongs Avenue

Stevens Point, WI 54481

Any party may, by written notice to the party(ies), designate a change of address for the

purposes aforesaid.

Part 8. Nondiscrimination

With the performance of work under this Agreement, the Developer agrees not to

discriminate against any employee or applicant for employment nor shall the development or any

portion thereof be sold to, leased or used by any party in any manner to permit discrimination or

restriction on the basis of race, religion, marital status, age, color, sex, sexual orientation, physical

condition, disability, national origin or ancestry and that the construction and operation of the

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Development shall be in compliance with all effective laws, ordinances and regulations relating to

discrimination on any of the foregoing grounds.

Nothing in this Part shall prohibit discrimination based on age or family status with respect

to housing for older persons as permitted by applicable federal and state law.

Part 9. No Personal Liability

Under no circumstances shall any alderperson, officer, official, commissioner, director,

member, partner or employee of the City or Developer, have any personal liability arising out of

this Agreement, and no party shall seek or claim any such personal liability. The limitation on

personal liability included in this Part shall extend to Developer's assignment of this Agreement to

a partnership or to a limited liability company consistent with Part 5.

Part 10. Miscellaneous Provisions

Division 10.01 Cooperation with Grants

If necessary, Developer shall work with and cooperate with City in providing data and

information necessary for City to comply with the provisions or requirements in connection with

a State or Federal grant or other funding applicable to and benefiting the Development.

Division 10.02 Entire Agreement

This document contains the entire agreement between Developer, City, and it shall inure

to the benefit of and shall be binding upon the parties hereto and the respective heirs, executives,

successors and assigns. This Agreement may be modified only by a written Amendment signed

by the parties, which Amendment shall become effective upon the execution by both parties.

Division 10.03 Survival of Warranties, Representations, and Agreements

Any warranty, representation, or agreement herein contained shall survive the

construction of the Private Improvements.

Division 10.04 Governing Law

The internal laws of the state of Wisconsin shall govern this Agreement.

Division 10.05 Captions

The captions or headings in this Agreement are for convenience only and in no way

define, limit or describe the scope or intent of any of the provisions of this Agreement.

Division 10.06 Counterparts

This Agreement may be signed in any number of counterparts with the same effect as if

the signatures thereto and hereto were upon the same instrument. Signatures of the parties

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transmitted by facsimile transmission or electronic pdf format (via email) shall be deemed to be

original signatures for all purposes.

Division 10.07 Severability

If any provisions of this Agreement shall be held or deemed to be or shall, in fact, be

inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions

or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions

hereof or any constitution or statute or rule of public policy, or for any other reason, such

circumstances shall not have the effect of rendering the provision in question inoperative or

unenforceable in any other case or circumstance, or of rendering any other provision or

provisions herein contained invalid, inoperative or unenforceable to any extent whatever.

Division 10.08 Force Majeure

If Developer is delayed in the performance of any of its obligations in this Agreement due

to circumstances beyond the reasonable control of Developer, including, but not limited to, acts of

God, acts of the public enemy, acts of adjoining property owners, fires, floods, epidemics, strikes,

embargoes, unavailable materials, breach of contract by contractors or subcontractors, adverse

weather conditions, legally required environmental remediation actions and other acts of force

majeure, then the performance of such obligations by Developer shall be postponed by an amount

of time commensurate with the period of such delay.

Division 10.09 City Authorization

The execution of this Agreement by the City was authorized by resolution of the City

Council adopted _________ day of ________________, 2018.

IN WITNESS WHEREOF, the parties have duly executed this Agreement, or caused it

to be duly executed, as of the day of __________________, 2018.

~SIGNATURE PAGES FOLLOW~

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THE CITY OF STEVENS POINT, WISCONSIN

BY:

Honorable Mike Wiza, its Mayor

Attest: John V. Moe By: Its City Clerk

STATE OF WISCONSIN)

:ss

COUNTY OF PORTAGE)

Personally came before me this day of _____________________, 2018, Mike Wiza,

Mayor, and John V. Moe, City Clerk, of the above-named City of Stevens Point, Wisconsin, to me

known to be the persons who executed the foregoing instrument and to me known to be such

Mayor and City Clerk, and acknowledged that they executed the foregoing instrument as such

officers as the deed of said City of Stevens Point, by its authority.

Notary Public, State of Wisconsin

My commission expires:

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D-J RICE DEVELOPMENT, LLC

A Wisconsin Limited Liability Company

Date: By:

Jeff Rice, Manager

STATE OF WISCONSIN )

:ss

COUNTY OF PORTAGE )

Personally came before me day of _____________________, 2018, Jeff Rice,

Manager of the above-named Limited Liability Company, to me known to be the person who

executed the foregoing instrument and to me known to be such manager of said Limited Liability

Company, and acknowledged that he executed the foregoing instrument as such Manager of said

Limited Liability Company, by its authority.

Notary Public, State of

My commission expires:

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Exhibit A. Development Site

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Exhibit B. Private Improvements

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Exhibit C. Alley Improvements

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Exhibit D. Water and Wastewater Improvements

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Location: Grant School Site - 2 projected lots for service off of Fourth Ave

UNIT ITEM QUANTITY UNIT COST

ITEM COST

EACH 1" Standard Water Service 2 $1,150.00 $2,300.00

LF 4" Sanitary pipe (LF) 58 $2.68 $155.44

LF 6" Sanitary pipe (LF) 0 $4.43 $0.00

EACH Saddle for sewer lateral 1 $57.96 $57.96

HR Backhoe 8 $60.00 $480.00

HR 3-Man crew @ sanitary rate 8 $122.46 $979.68

HR 3-Man crew @ water rate 0 $75.68 $0.00

LS Misc. equipment 1 $100.00 $100.00

HR Office labor 1 $21.14 $21.14

HR Transportation 8 $20.00 $160.00

LS Roadmat and gravel 1 $400.00 $400.00

SQ YD 4" Asphaltic Patch (25x23)/9 64 $42.00 $2,688.00

LS Temp concrete patch 0 $55.55 $0.00

LF Curb and gutter (LF) 25 $20.00 $500.00

SQ FT Sidewalk (SQ FT) 125 $5.50 $687.50

SQ FT 6" Driveway Apron Sidewalk 0 $6.00 $0.00

SQ YD 6" Driveway Apron 0 $40.00 $0.00

LF Saw cutting (LF) 71 $1.00 $71.00

LS Dewatering 0 $300.00 $0.00

LS Hired Excavator (depth) 0 $1,300.00 $0.00

10% contingency $860.07

TOTAL $9,460.79

**this is an estimate and unit prices are subject to change**

Total 24 Lots (services) 10 $42,542.20

Total Trench cost 7 $30,425.50

10% contingency $7,296.77

TOTAL $80,264.47

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FINAL RESOLUTION

WHEREAS, the Common Council of the City of Stevens Point, Wisconsin, held a public hearing at the Council Chambers at 7:00 P.M. on the 18th day of June 2018, for the purpose of hearing all interested persons concerning the preliminary resolution and report of the Board of Public Works on the proposed public improvement consisting of the following:

A. FOR INSTALLATION OF SIDEWALK – PROJECT # 18-12.

1) On property fronting upon a portion of the north and south sides of College Avenue from its intersection with Soo Marie Avenue to Frontenac Avenue.

2) On property fronting upon a portion of the east and west sides of Soo Marie Avenue from its intersection with Jordan Lane to Stanley Street.

3) On property fronting upon a portion of the north and south sides of Sims Avenue from its intersection with Soo Marie Avenue to Frontenac Avenue.

4) On property fronting upon a portion of the south side of Prais Street from its intersection with Soo Marie Avenue to Frontenac Avenue.

5) On property fronting upon a portion of the north side of Simonis Street from its intersection with Frontenac Avenue to Indiana Avenue.

6) On property fronting upon a portion of the east and west sides of Frontenac Avenue from its intersection with Jordan Lane to Stanley Street.

7) On property fronting upon a portion of the north side of Jordan Lane from its intersection with Indiana Avenue to Minnesota Avenue.

8) On property fronting upon a portion of the east side of Minnesota Avenue from its intersection with Jordan Lane to Stanley Street.

9) On property fronting upon a portion of the east side of Lindbergh Avenue from its intersection with Jordan Lane to Stanley Street.

; and proposed assessments against benefitted property, and heard all persons who desired to speak at the hearing. NOW, THEREFORE, BE IT RESOLVED, the Common Council of the City of Stevens Point, Wisconsin, determines as follows:

1. The report of the Board of Public Works, pertaining to installation of the above described public improvements, including plans and specifications and assessments set forth therein, is adopted and approved.

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2. That the Board of Public Works has advertised for bids and has provided for the supervision of construction of the improvements in accordance with the report of the Director of Public Works.

3. That payment of the improvements be made by assessing the

entire cost to the property benefitted as indicated in the report.

4. That the assessments shown on the report, representing an exercise of the police power, have been determined on a reasonable basis and are hereby confirmed.

5. That the assessments for all projects included in the report are

hereby combined as a single assessment but any and all interested property owner may object to each assessment separately or all assessments jointly for any purpose.

6. That the assessments may be paid in cash or in five (5) annual

installments at an interest rate of 2.25% per annum on the unpaid balance. Ten (10) annual installments is available at an interest rate of 4.00% per annum upon written request. A property owner shall have not more than 30 days in which to pay the balance in whole to avoid interest charges.

7. That the City Clerk shall publish this resolution as a Class I notice

in the assessment district and mail a copy of this resolution and a statement of the final proposed assessment against the benefitted property to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained.

APPROVED: ______________________________ Mike Wiza, Mayor ATTEST: ______________________________ John Moe, City Clerk Dated: May 1, 2018 Adopted: June 18, 2018 Published: June 22, 2018

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ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN

The Common Council of the City of Stevens Point do ordain as follows: SECTION I: That Section 9.18 of the Revised Municipal Code, Mayoral Authority to Temporarily Close Streets, is hereby created to read as follows:

(1) Pursuant to Wis. Stats. § 349.185, the Mayor shall have the authority to order that streets be temporarily be closed to motor vehicles in order to facilitate the safe and orderly conducting of City-sponsored events.

SECTION II: This ordinance shall take effect upon passage and publication, as provided by law. APPROVED:_________________________ Mike Wiza, Mayor ATTEST: _________________________ John Moe, City Clerk Dated: June 5, 2018 Approved: June 18, 2018 Published: June 22, 2018

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