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Page 1: Summary >> Materials>> No€¦ · nicotine. This ordinance amendment expands prohibition from use and possession of tobacco by minors to also include prohibition of the use or possession

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Page 3: Summary >> Materials>> No€¦ · nicotine. This ordinance amendment expands prohibition from use and possession of tobacco by minors to also include prohibition of the use or possession

City of Altoona, WI, Council Meeting Summary, October 23, 2018 Page 1 of 3

MEMORANDUM

TO: Altoona City Council

FROM: Michael Golat, City Administrator

SUBJECT: Summary of October 23, 2018 Council Meeting Items

(VII) UNFINISHED BUSINESS

(VIII) NEW BUSINESS

ITEM 1 – Discuss/consider approval of Resolution 10A-18, a Resolution of support for UW-Eau Claire

Science and Health Sciences Building Project.

As you may be aware, the UW System Board of Regents has approved a plan to replace Phillips Hall with a

new UW-Eau Claire Science and Health Sciences building. UW-Eau Claire’s Science and Health Sciences

building project requires $109 million in the 2019-21 state budget. Additionally, this building project requires

advanced enumeration of $147 million in the 2021-23 budget, bringing the project’s total budget to $256

million.

Providing state funding for a new Science and Health Sciences building at UW-Eau Claire would allow for the

construction of critical economic infrastructure to support northwestern Wisconsin’s talent recruitment and

retention needs in STEM and health sciences fields.

This resolution pledges support of the Altoona City Council for the inclusion of UW-Eau Claire’s Science and

Health Sciences building in the 2019-21 Wisconsin State Budget as recommended by the UW System Board of

Regents. It also provides support for an advanced enumeration for funding in the 2021-23 Wisconsin State

Budget to ensure this project is completed without additional inflation and that Phillips Hall can be demolished

in a timely manner to eliminate ongoing maintenance and operational expenses.

Suggested motion: I move to approve/not approve Resolution 10A-18, a Resolution of support for UW-Eau

Claire Science and Health Sciences Building Project.

ITEM 2 – Discuss/consider approval of Resolution 10B-18, a Resolution of support of the “Just Fix It

Campaign”.

The League of Wisconsin Municipalities is working in coalition with the Transportation Development

Association of Wisconsin and the Wisconsin Counties and Towns Associations on the “Just Fix It” campaign to

encourage the Legislature and Governor to develop a long-term sustainable solution to fund Wisconsin's

transportation infrastructure. The Just Fix It resolution has been passed by almost 700 counties, cities, villages

and towns as of October 3, 2018.

This resolution urges the Governor and Legislature to “Just Fix It” [the roads] and agree upon a sustainable

solution: one that includes a responsible level of bonding and adjusts our user fees to adequately and

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City of Altoona, WI, Council Meeting Summary, October 23, 2018 Page 2 of 3

sustainably fund Wisconsin’s transportation system. Furthermore, approval of this resolution directs the City

Clerk to send a copy of this resolution to our State Legislators, Governor Scott Walker and to the League of

Wisconsin Municipalities.

Suggested motion: I move to approve/not approve Resolution 10B-18, a Resolution of support for the “Just Fix

It Campaign”.

ITEM 3 - Discuss/consider approval of Ordinance 10A-18, an Ordinance amending Chapter 9.24 of the

Altoona Municipal Code “Tobacco Product and E-Cigarette Use by Minors Prohibited” relating to the

prohibition of the use or possession of e-cigarettes and e-cigarette supplies by minors.

Within the last month, Officer Lauscher has cited 7 students for vaping/possession in school. This issue is

impacting the school’s environment, affecting the mindset and health of our students who use them, as well as

impacting the non-using student population.

Our current existing ordinance does not address e-cigarettes and “vaping” devices specifically; it centrally

pertains to tobacco use, not nicotine use. However, the oils used in e-cigarettes or “vaping” devices contain

nicotine. This ordinance amendment expands prohibition from use and possession of tobacco by minors to also

include prohibition of the use or possession of e-cigarettes and e-cigarette supplies by minors. The purpose of

this ordinance amendment is to add language regarding the use and possession of these devices as well as

defining them.

Staff recommends Council approve the amended Chapter 9.24 of the Altoona Municipal Code.

Suggested motion: I move to approve/not approve Ordinance 10A-18, an Ordinance amending Chapter 9.24 of

the Altoona Municipal Code “Tobacco Product and E-Cigarette Use by Minors Prohibited” relating to the

prohibition of the use or possession of e-cigarettes and e-cigarette supplies by minors.

ITEM 4 – Discuss/consider Intergovernmental Cooperative Agreement between the City of Altoona and

the West Central Drug Task Force for 2019.

As you may recall, the City of Altoona and the West Central Drug Task Force annually enter into an

Intergovernmental Cooperative Agreement. The West Central Drug Task Force is a federally funded unit and

Altoona is a controlling member. Each year the unit must pre-apply for federal funding, and, as a requirement,

the Federal Government requires that all participating units of government have an Intergovernmental

Cooperative Agreement in place that specifies how the Task Force will operate. The City of Altoona has been

an active member of the organization since its inception and we are equal voting members in regards to

management of the unit.

The additional language added to the agreement this year is the assurance of compliance regarding confidential

funds, and use of income generated by seizures and forfeitures. We now have a Federal Asset Forfeiture user

account within the City of Altoona. This allows our agency to receive a full share of forfeiture if the seizure

occurs with our agency.

Staff recommends Council approve the Intergovernmental Cooperative Agreement between the City of Altoona

and the West Central Drug Task Force.

Suggested motion: I move to approve/not approve the Intergovernmental Cooperative Agreement between the

City of Altoona and the West Central Drug Task Force for 2019.

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City of Altoona, WI, Council Meeting Summary, October 23, 2018 Page 3 of 3

ITEM 5 - Discuss/consider placement of announcement feature in River Prairie.

As you may recall, the City budgeted $100,000 for an announcement feature in River Prairie. The intent of the

announcement feature is primarily to draw the attention of the traveling public from along the Highway 53

corridor.

Staff met with a WisDOT representative in charge of signage along state and federal highways to determine

whether a sign would be allowed at the preferred location south of Staybridge Suites and north of WestConsin

Credit Union (please refer to map provided -- Point A). The representative approved the location; however,

they noted that no moving sign parts would be allowed. Therefore, if we want to erect a windmill there, the

blades would need to be fixed.

Given that information, staff is recommending the windmill be installed within the park near the granary (Point

B). Estimated cost of the purchase and installation of the windmill is approximately $20,000. Staff is

recommending the balance of the budget ($80,000) be directed to erecting a sign on the preferred site between

Staybridge and WestConsin.

Staff has located at 60 foot windmill tower that is in great condition and can be moved to the site. Locating the

windmill within the park will allow for interaction with park visitors and picture opportunities.

Suggested motion: I move to approve/disapprove staff's recommendation regarding locations of announcement

features in River Prairie Park to include locating a windmill near the granary and an announcement sign

between Staybridge Suites and WestConsin Credit Union.

ITEM 6 -Discuss/consider approval of bartender license to Carmal Morris as submitted by City Clerk

Bauer. (Approved by the Altoona Police Department).

The City has received a bartender license application from Carmal Morris for the period of now through June

30, 2019:

Police Lieutenant Livingston has reviewed and recommends approval of the bartender application as submitted

by Clerk Bauer.

Suggested motion: I move to approve/not approve the bartender license to Carmal Morris for the 2018-2019

licensing period as submitted by Clerk Bauer and recommended by Lieutenant Livingston.

ITEM 7 – Discuss/consider convening in closed session pursuant to the following Wis. Stats:

A. Wis. Stats 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.

1. Purchase and/or sale of property.

B. Wis. Stats 19.85 (1)(c) considering employment, promotion, compensation or

performance evaluation data of any public employee over which the governmental body

has jurisdiction or exercises responsibility.

1. City Administrator Performance Review

ITEM 8 - Motion to reconvene to Open Session for the purpose of discussion and possible consideration

on the matter entertained in Closed Session.

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RESOLUTION NO. 10A-18

A RESOLUTION OF SUPPORT FOR UW-EAU CLAIRE SCIENCE AND HEALTH SCIENCES BUILDING PROJECT.

WHEREAS, the University of Wisconsin-Eau Claire has a significant impact on the recruitment and retention of high-talent students to northwestern Wisconsin; and

WHEREAS, UW-Eau Claire’s science, technology, engineering, and mathematics (STEM) and health sciences graduates possess crucial skillsets that meet talent needs for this region; and

WHEREAS, UW-Eau Claire’s current science building, Phillips Hall, was constructed in 1963 and 1966 and was not designed to accommodate modern scientific instruction and inquiry; and

WHEREAS, Phillips Hall’s infrastructure is so obsolete and inefficient that, while it is only one of 33 buildings maintained by UW-Eau Claire, it accounts for 27-percent of all annual campus work orders; and

WHEREAS, Phillips Hall’s teaching and research spaces are inflexible and do not allow for the interdisciplinary collaboration with outside industries that typify a modern STEM education; and

WHEREAS, conducting research alongside industry partners provides valuable experience to undergraduates that, in turn, makes them more attractive to prospective employers; and

WHEREAS, these experiences also expose students to professional settings and business organizations in the surrounding area, increasing the likelihood that they choose to live and work in this region after graduation; and

WHEREAS, the inability to meet the existing demand for academic research and laboratory spaces is a challenge for industry innovation and student recruitment and retention; and

WHEREAS, the UW System Board of Regents has approved a plan to replace Phillips Hall with a new UW-Eau Claire Science and Health Sciences building; and

WHEREAS, UW-Eau Claire’s Science and Health Sciences building project requires $109 million in the 2019-21 state budget, including approval for $13.7 million in private philanthropy; and

WHEREAS, this building project requires advanced enumeration of $147 million in the 2021-23 budget, bringing the project’s total budget to $256 million; and

WHEREAS, providing state funding for a new Science and Health Sciences building at UW-Eau Claire would allow for the construction of critical economic infrastructure to support northwestern Wisconsin’s talent recruitment and retention needs in STEM and health sciences fields;

City Council | October 23, 2018New Business | Item 1 | Page 1 of 2

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BE IT THEREFORE RESOLVED that the Altoona City Council supports the inclusion of UW-Eau Claire’s Science and Health Sciences building in the 2019-21 Wisconsin State Budget as recommended by the UW System Board of Regents; and

BE IT FUTHER RESOLVED that advanced enumeration for funding in the 2021-23 Wisconsin State Budget is essential to ensure this project is completed without additional inflation and that Phillips Hall can be demolished in a timely manner to eliminate ongoing maintenance and operational expenses.

Dated this 23rd day of October, 2018 at Altoona, Wisconsin 54720

CITY OF ALTOONA

SIGNED: Brendan Pratt, Mayor

ATTEST: Cynthia Bauer, City Clerk

City Council | October 23, 2018New Business | Item 1 | Page 2 of 2

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Resolution 10B-18

Strategic Transportation Aids Resolution

As part of the Just Fix It Campaign in partnership with the League of Wisconsin Municipalities, Wisconsin Counties Association, Wisconsin Towns Association & the Transportation Development Assoc. of WI.

WHEREAS, local government in Wisconsin is responsible for about 90% of the road miles in the state; and

WHEREAS, Wisconsin’s diverse economy is dependent upon county and town roads as well as city and village streets and transit systems across the state; and

WHEREAS, the City of Altoona and other local governments across Wisconsin have been highlighting our unmet transportation needs in many different avenues including events such as the historic Turnout for Transportation event in September of 2016 where local governments in every region of this state held simultaneous meetings calling on the state legislature to prioritize transportation and pass a sustainable funding package; and

WHEREAS, while the increase in transportation funding for locals in the last budget was certainly appreciated, many still aren’t back to 2011 levels when you adjust for inflation; and

WHEREAS, locals, including the City of Altoona continue to struggle to meet even the most basic maintenance needs for our transportation system; and

WHEREAS, states surrounding Wisconsin and across the country have stepped up with sustainable funding plans for their state and local roads; and

WHEREAS, Wisconsin will be at a competitive disadvantage if it does not implement a revenue and spending plan that addresses both our Interstates that were built in the 1950’s and 60’s and our local and state roads; and

WHEREAS, levy limits do not allow local government to make up for the deterioration of state funding; and

WHEREAS, local governments would not be forced to turn to local wheel taxes or increased borrowing or exceeding their levy limits if the state would finally pass a sustainable funding plan for transportation

WHEREAS, the Altoona City Council recognizes that our state highway and interstate system is the backbone of our surface transportation system and plays a vital role in the economy

City Council | October 23, 2018New Business | Item 2 | Page 1 of 2

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of Wisconsin. Both local and state roads need to be properly maintained in order for our economy to grow; and

WHEREAS, from a competitive standpoint Wisconsin motorists pay significantly less than any of our neighbors when you combine the annual cost of the state gas tax and vehicle registration fees; and

NOW, THEREFORE, BE IT RESOLVED by the Altoona City Council urge the Governor and Legislature to Just Fix It and agree upon a sustainable solution: one that includes a responsible level of bonding and adjusts our user fees to adequately and sustainably fund Wisconsin’s transportation system. Furthermore, the Altoona City Council directs the City Clerk to send a copy of this resolution to our State Legislators, Governor Scott Walker and to the League of Wisconsin Municipalities.

Dated this 23rd day of October, 2018 at Altoona, Wisconsin 54720

CITY OF ALTOONA

SIGNED: Brendan Pratt, Mayor

ATTEST: Cynthia Bauer, City Clerk

City Council | October 23, 2018New Business | Item 2 | Page 2 of 2

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ORDINANCE 10A-18

An Ordinance amending Chapter 9.24 of the Altoona Municipal Code “Tobacco Product and

E-Cigarette Use by Minors Prohibited” relating to the prohibition of the use or possession of

e-cigarettes and e-cigarette supplies by minors.

THE COMMON COUNCIL OF THE CITY OF ALTOONA DOES HEREBY ORDAIN AS FOLLOWS:

Section One:

That Section 9.24.010 be amended to include the definition of e-cigarettes and e-cigarette supplies.

Section Two:

That Section 9.24.020 be amended to include the prohibition of e-cigarettes and e-cigarette supplies by minors.

Section Three:

That Section 9.24.030 be amended to include the prohibition of the delivery of e-cigarettes and e-cigarette

supplies to minors.

Section Four:

A copy of Chapter 9.24 is permanently on file and open to public inspection in the office of the Altoona

City Clerk, and are incorporated by reference herein.

Section Five:

That this Ordinance need not be codified and shall take effect upon its adoption and publication as required by

law.

Dated this 23rd day of October , 2018.

CITY OF ALTOONA

By:

Brendan Pratt, Mayor

By:

Cindy Bauer, City Clerk

Approved:

Published:

Adopted:

City Council | October 23, 2018New Business | Item 3 | Page 1 of 2

Agenda >> Summary >>

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Chapter 9.24

TOBACCO PRODUCT AND E-CIGARETTE USE BY MINORS PROHIBITED

Sections:

9.24.010 Definitions.

9.24.020 Use or possession of cigarettes, tobacco products, e-cigarettes and e-cigarette

supplies by minors prohibited.

9.24.030 Delivery of cigarettes or tobacco products to minors prohibited.

9.24.040 Violation—Penalty.

9.24.010 Definitions.

A. “Cigarette” has the meaning given by Wisconsin Statutes Section 139.30(1).

B. “Law enforcement officer” has the meaning given in Wisconsin Statutes Section 30.50(4s).

C. “Tobacco products” has the meaning given in Wisconsin Statutes Section 139.75(12). (Ord.

1A-93 (part), 1993)

D. “E-cigarette” is a device used to simulate the experience of smoking, having a cartridge

with a heater that vaporizes liquid nicotine or other substances instead of burning tobacco also

commonly referred to as a vaping device.

E. “E-cigarette supplies” are any liquid or other substance used to fill an e-cigarette cartridge

or resevoir, commonly referred to as e-liquid or e-juice.

9.24.020 Use or possession of cigarettes, tobacco products, e-cigarettes and e-cigarette supplies

by minors prohibited.

A. Except as provided in subsection B of this section, no child may do any of the following:

1. Buy or attempt to buy any cigarette, tobacco product, e-cigarette or e-cigarette supplies;

2. Falsely represent his or her age for the purpose of receiving any cigarette, tobacco product, e-

cigarette or e-cigarette supply;

3. Possess any cigarette, tobacco product, e-cigarette or e-cigarette supplies.

B. A child may purchase cigarettes, tobacco products, e-cigarette or e-cigarette supplies for the

sole purpose of resale in the course of employment during his or her working hours if employed by a retailer

licensed under Wisconsin Statutes Section 134.65(1).

C. A law enforcement officer shall seize any cigarette, tobacco product, e- cigarette or e-cigarette

supply involved in any violation of subsection A of this section committed in his or her presence.

D. Any child violating the provisions of this section will be subject to a forfeiture not to exceed

fifty dollars in accordance with Wis. Stat. § 938.343(2). (part, Ord. 2B-15, 2015; Ord. 1A-93 (part), 1993).

9.24.030 Delivery of cigarettes, tobacco products, e-cigarettes and e-cigarette supplies to

minors prohibited.

No adult shall sell, trade, give away or otherwise transfer cigarettes, e-cigarettes, e-cigarette

supplies or any other tobacco products to a child except as provided in Section 9.24.020(B). (Ord. 1A-93

(part), 1993)

9.24.040 Violation—Penalty.

Any adult person who shall violate Section 9.24.030 shall, upon conviction, incur a penalty as

provided in Chapter 1.08. (Ord. 1A-93 (part), 1993).

The penalty for violation of this chapter shall be as provided in chapter 1.08 of the Altoona

municipal code.

City Council | October 23, 2018New Business | Item 3 | Page 2 of 2

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City Council | October 23, 2018New Business | Item 4 | Page 1 of 4

Agenda >> Summary >>

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City Council | October 23, 2018New Business | Item 4 | Page 2 of 4

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City Council | October 23, 2018New Business | Item 4 | Page 3 of 4

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City Council | October 23, 2018New Business | Item 4 | Page 4 of 4

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City Council | October 23, 2018New Business | Item 5 | Page 1 of 1

Prospective Windmill and Announcement Feature Sign Sites

Agenda >> Summary >>

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ITEM 6 No materials  

City Council | October 23, 2018New Business | Item 6 | Page 1 of 1