CITY OF STEVENS POINT REGULAR COUNCIL MEETING

Council Chambers December 17, 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) regarding a non- agenda item.

5. Presentation to the Mayor and Council by Bicycle and Pedestrian Street Safety Commission Member Bill Fehrenbach: 2018 Bicycle and Pedestrian Counts.

Consideration and Possible Action on the Following:

6. Consent Agenda: • Minutes of the Special Common Council meeting of November 19, 2018 and the Regular Common Council meeting of November 19, 2018. • Actions of the Police and Fire Commission meeting November 8, 2018. 4. Confirmation of Bills. • Actions of the Plan Commission meeting of December 3, 2018. 3. Request from Wayne Bushman for a sign variance to increase the size and height of a freestanding sign at 5101 Woodward Drive (Parcel ID 281240835300053). 4. Request from the University of Wisconsin Stevens Point for site plan review to construct a sign structure in the intramural field on the corner of Maria Drive and Michigan Avenue (Parcel ID 281240828300301). • Actions of the Board of Water and Sewerage Commissioners meeting of December 10, 2018. 2. Discussion and possible action on credit card payment options. 3. Discussion and possible actions on department claims. 4. Discussion and possible action on 2019 Capital Operations & Maintenance Plan. 5. Water Supply and Distribution Operations. 6. Collection System Maintenance Report. 7. Sewage Treatment Operations Report. 8. Storm Water Report. • Actions of the Airport Commission meeting of December 10, 2018. 2. Discussion and possible action on department claims. • Actions of the Transportation Commission meeting of December 10, 2018. 1. Approval of November 2018 Financial/Claims report. • Minutes and Actions of the of the Board of Public Works meeting of December 10, 2018. 3. To award the bid for Willett Ice Arena Improvements – Ice System Replacement to J.H. Findorff & Sons, Inc. in the amount not to exceed $1,564,200.00.

1 4. To award the bid for the Willett Ice Arena Improvements – Press Box Expansion to Eagle Construction Company in the amount not to exceed $54,835.00. • Minutes and Actions of the Public Protection Committee Meeting of December 10, 2018. 2. License List. 3. Temporary Class “B”/ Class “B” License (Picnic). 4. Class “B” Fermented Malt Beverage License. 5. Pawnbroker/Secondhand Jewelry Dealer (Renewals). • Minutes and Actions of the Finance Committee meeting of December 10, 2018. 1. Authorize the Fire Department to apply for a Grant (SAFER) for funding of new positions. 3. Authorize the Write-Off of uncollectable personal property taxes and accounts receivable. 4. Approval of Claims Paid. • Statutory Monthly Financial Report by Comptroller/Treasurer. • Consideration of Mayoral appointment to the Bicycle and Pedestrian Street Safety Commission.

7. Public Hearing – Special Assessments for Isadore Street for the replacement of non-standard water services, the replacement of non-standard sanitary sewer laterals, and installation of storm sewer laterals and replacement of existing non-standard storm sewer laterals – Project #18-01.

8. Final Resolution on the above.

9. Ordinance Amendment – Zoning – Rezone the properties at 3313 and 3319 East Maria Drive (County Parcel ID:020240828-13.04 & 020240828-13.09) from “RLD” Residential Low Density District to “R-5” Multiple Family II Residence District.

10. Resolution – Conditional Use Permit – Construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1617 Scholfield Avenue (Parcel ID 281240829130024).

11. Resolution – Conditional Use Permit – Construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1616 Academy Avenue (Parcel ID 281240829130022).

12. Resolution – Amending the East Park Commerce Center conceptual development plan for pedestrian and bicycle infrastructure.

13. Purchase of Property – Approximately 2,111 square feet of an unaddressed parcel north of Main Street and east of Second Street (public square)(Parcel ID 281240832201523).

14. Resolution – Complete Streets.

15. Development Agreement – General Capital Acquisitions, LLC for the construction of a residential development at 1443 Water Street and 1447 Water Street.

16. Development Agreement – TDS Telecom for extension of commercial fiber optic network.

17. Ordinance Amendment – Building Code – 30.06 (g) RMC Numbering of Houses and Buildings.

2 18. Ordinance Amendment – City Ordinance and Bond Schedule – 24.27 (3) (c) Citation Issuance Authority.

19. Ordinance Amendment – Public Peace and Offenses Against Public Policy – 24.56 Possession of Vapor Products by Minors.

20. Ordinance Amendment- Traffic – 9.05(j) Parking Limitations No Parking here to Corner on Phillips at the Intersection of Briggs Street.

21. Adjournment.

Public Notice is Hereby Given that a quorum of the City of Stevens Point’s Common Council, or any committee thereof may attend the following:

Holiday Party Monday, December 17, 2018 Immediately following the Council Meeting at Two Harps Pub 2301 Church Street Stevens Point, WI

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.

3 4 CITY OF STEVENS POINT SPECIAL COMMON COUNCIL MEETING

Council Chambers November 19, 2018 County-City Building 6:30 p.m.

Mayor Mike Wiza, Presiding

PRESENT: Ald. Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow.

EXCUSED: Ald. Jennings, Shorr.

OTHERS PRESENT: Clerk Piotrowski, Attorney Beveridge, C/T Ladick, Police Chief Skibba, Dir. Ostrowski, Dir. Lemke, Dir. Schrader, Human Resources Manager Jakusz, Joe Bachman – Portage County Gazette, Taylor Hale Portage County Gazette.

Consideration and Possible Action on the Following:

2. Minutes and Actions Taken at the Special Finance Committee Meeting of October 22, 2018. 2. Recommendation of 2019 Levy to Common Council.

C/T Ladick said this is acknowledging the tax levy recommendation from the Finance Committee and would increase the tax rate about 1%.

Ald. Slowinski moved, Ald. Johnson seconded, to approve the minutes and actions taken at the Special Finance Committee Meeting of October 22, 2018.

Call for the Vote: Ayes: All. Nays: None. Motion adopted.

3. Public hearing on the General Local Municipal Budget for 2019.

C/T Ladick said after open enrollment there were changes with employees who were or were not taking Health Insurance. He said the City ended up balancing with those changes. C/T Ladick said there are separate accounts for redevelopment and for City properties. He said in order to remain in compliance with the State, $10,000 was moved from the General Fund to the Capital Projects fund.

Mayor Wiza declared the public hearing open.

As no one wished to speak, Mayor Wiza declared the public hearing closed.

4. Resolution Adopting the Budget (Capital and Operating) for the City of Stevens Point for the Year 2019.

5 Ald. Johnson moved, Ald. Oberstadt seconded, to approve Local Municipal Budget with the changes outlined by the comptroller/treasurer.

Ald. Phillips said a 2.5% increase would be more acceptable than a 3.25% increase. He gave examples of how this increase can affect the budget over the next 10 years. Ald. Phillips suggested the City lower their standards on hiring, that they do not need to hire the best and the brightest. He said he disagrees that the City is not paying their employees enough and suggested next year C/T Ladick provides the residents with a total compensation statement on each City employee.

Call for the Vote: Ayes: Morrow, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel. Nays: Phillips. Motion adopted.

5. Resolution Appropriating Necessary Funds for the City of Stevens Point for 2019 and Levying the Tax Rate for the Year 2018.

C/T Ladick said this is to adopt the levy that goes with the budget that was approved.

Ald. Oberstadt moved, Ald. Dugan seconded, to approve the resolution appropriating necessary funds for the City of Stevens Point for 2019 and Levying the Tax Rate for the Year 2018.

Call for the Vote: Ayes: Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Morrow. Nays: Phillips. Motion adopted.

6. Resolution Providing for Writing Special Assessments and Special Charges into the Tax Roll for 2018.

C/T Ladick said this action allows the Treasurer’s Office to place the unpaid Special Assessments and Special Charges on the Tax Roll for 2018.

Ald. Johnson moved, Ald. Kneebone seconded, to approve the resolution providing for writing Special Assessments and Special Charges into the tax roll for 2018.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel. Nays: None. Motion adopted.

7. Adjournment.

Adjourned at 6:42 p.m.

6 CITY OF STEVENS POINT REGULAR COUNCIL MEETING

Council Chambers November 19, 2018 County-City Building 7:00 P.M. 1516 Church St. Mayor Mike Wiza, Presiding

PRESENT: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow.

OTHERS PRESENT: Clerk Piotrowski, Attorney Beveridge, C/T Ladick, Police Chief Skibba, Fire Chief Finn, Dir. Ostrowski, Dir. Lemke, Dir. Schrader, Human Resources Manager Jakusz, Mayoral Assistant Pazdernik, Joe Bachman – Portage County Gazette, Taylor Hale – Portage County Gazette, Brandi Makuski – Metro Wire.

2. Salute to the Flag and Mayor’s opening remarks.

Mayor Wiza said the 2019 budget was passed, and there was a modest increase of $0.09/ $1,000. He reminded everyone to shop local and read the proclamation he submitted to the downtown business owners proclaiming November 24th Small Business Saturday in Stevens Point. Mayor Wiza thanked all emergency service personnel, and streets department for their hard work and dedication over the holidays and holiday weekend. Mayor Wiza said Bannach Elementary School received the Blue Ribbon Award. He thanked the Alders, City Staff, Directors, and community members for being active in their community.

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) regarding a non-agenda item.

As no one wished to speak, Mayor Wiza moved onto the next agenda item.

5. Presentation to the Mayor and Council by Kent Hall regarding Bird City USA.

Kent Hall, said the Bird City Wisconsin Program is 10 years old and have had 109 municipalities be recognized as bird cities. He said there has been a biodiversity decline since 1970 and said the Bird City Wisconsin Programs addresses this problem. He said there are a lot of volunteers that go into this, even down to the local elementary schools. Mr. Hall said other states are adopting Bird City programs modeled after the

7 Wisconsin program. He presented Mayor Wiza with a plaque for the eighth year in a row for eligibility for Bird City Status.

Consideration and Possible Action on the Following:

6. Consent Agenda:  Minutes of the Common Council meeting of October 15, 2018 and the Special Meeting of the Common Council of October 22, 2018.  Actions of the Police and Fire Commission meeting October 2, 2018. 4. Confirmation of Bills.  Actions of the Plan Commission meeting of November 5, 2018. 3. Request from Public Utilities Department for an easement to Wisconsin Public Service Corporation for the purpose of constructing electric underground utilities at the Stevens Point Municipal Airport, 4501 Highway 66 (Parcel ID 281240823230001) for the purpose of providing service to a new hangar. 5. Request for John & Kristine Mallick to operate an accessory use where no principal use exists on an unaddressed parcel south of 3313 and 3319 East Maria Drive (County Parcel ID: 020240828-13.09). 9. The sale/transfer of City-owned land (municipal parking lot 1-A) located at 1443 Water Street (PARCEL ID’S 281240832202044, 281240832202010 & 281240832202043). 10. Request from the City of Stevens Point to amend and modify the Reciprocal Easement Agreement by and between the City of Stevens Point, Stevens Point Area School District and Clark Place Enterprises, LLC. Regarding 1443 Water Street (Parcel ID’s 281240832202044 and 281240832202010), 1009 Clark Street (Parcel ID 281240832202004), 1025 Clark Street (Parcel ID 281240832202003) and unaddressed parcel on Third Street (Parcel ID 281240832202006). 11. Transfer of three properties: 916 Centerpoint Drive (Parcel ID 281240832200408 and 281240832200419) and an unaddressed property north of Centerpoint Drive along Third Street (Parcel ID 281240832200413) from the City of Stevens Point to the Redevelopment Authority of the City of Stevens Point. 15. Community Development Department Monthly Report for October, 2018.  Actions of the Board of Park Commissioners meeting of November 7, 2018. 3. Adoption of 2019 Price Structure.  Actions of the Board of Water and Sewerage Commissioners meeting of November 12, 2018. 2. Discussion and possible action on Department Claims. A. Consideration and action on engagement letter with Baker Tilly. 3. Water Operations Report. 4. Sewage Treatment Operations Report. 5. Storm Water Report.  Actions of the Airport Commission meeting of November 12, 2018. 2. Discussion and possible action on department claims.  Actions of the Transportation Commission meeting of November 12, 2018.

8 1. Approval of October 2018 Financial/Claims report. 2. 2019 Budget review/grant updates. 3. Consideration of potential sale of Trolley. 4. Award of Contract for Taxi Support Services.  Minutes and Actions of the Board of Public Works meeting of November 12, 2018.  Minutes and Actions of the Personnel Committee meeting of November 12, 2018. 1. Reclassification of the Transportation Superintendent. 2. Position Review as part of the Public Works Reorganization. 3. Request for an Exemption to Administrative Policy 3.03- Travel Reimbursement.  Minutes and Actions of the Public Protection Committee Meeting of November 12, 2018. 2. License List. 3. Temporary Class “B” License: Change of Event Date. 4. Temporary Class “B” License: Picnic. 5. “Class B” Combination Beer and Liquor License. 6. Request to Hold an Event/Street Closing.  Minutes and Actions of the Finance Committee meeting of November 12, 2018. 3. Adjustment of price for cemetery plots at Forest Cemetery. 5. Transfer of Fund 410 (Former Whitetail Fund) to Fund 208. 7. Authorization for a WDNR Surface Water Grant. 8. Funding for Trail Surface (Former CN rail Corridor). 9. Approval of Claims Paid.  Statutory Monthly Financial Report by Comptroller/Treasurer.

H/R Manager Jakusz said at the Personnel Committee alders asked about the fiscal impact for the re-organization. She said since the budget has been approved she has those numbers, and said the impact in wages is $9,443 and benefits is $1,742.

Ald. Johnson moved, Ald. Phillips seconded, to approve the consent agenda.

Call for the Vote: Ayes: Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted.

7. Ordinance Amendment - Streets, Alleys, and Driveways - Curbs and Gutters, Subsection (b) for Removal for Driveways {Section 16.02(3)}.

Ald. Slowinski moved, Ald. Morrow seconded, to approve the ordinance amendment for streets, alleys, and driveways regarding curbs and gutters, subsection (b), for the removal of driveways Section 16.02 (3).

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted.

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8. Resolution - Re-Authorizing Worker’s Compensation Self-Insurance for a three year period of 2019-2021.

Ald. Morrow moved, Ald. Oberstadt seconded, to approve for the re-authorization of worker’s comp self-insurance for a three year period of 2019 to 2021.

Call for the Vote: Ayes: Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted.

9. Resolution – Commitment of Fund 410 (City Property Fund).

C/T Ladick said this would set aside a fund for City properties.

Ald. Nebel moved, Ald. Phillips seconded, to approve the resolution regarding the commitment of Fund 410 which is the City Property Fund.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted.

10. Ordinance Amendment – Annexation – 3313 and 3319 East Maria Drive (County Parcel ID: 020240828-13.04) from the Town of Hull to the City of Stevens Point.

Ald. Morrow moved, Ald. Dugan seconded, to approve the annexation from 3313 and 3319 East Maria Drive from the Town of Hull to the City of Stevens Point.

Ald. Dugan welcomed the new residents to District 8 and to the City of Stevens Point.

Call for the Vote: Ayes: Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted.

11. Ordinance Amendment – Zoning – Rezone 1504 Water Street (Parcel ID 281240832300201) and 1512 Water Street(Parcel ID 281240832300240) from M-1 Light Industrial District to B-2 Central Business Transition District.

Ald. Jennings moved, Ald. McComb seconded, to approve the ordinance amendment on zoning.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted.

12. Resolution – Conditional Use Permit – Construct an apartment complex at 1504 Water Street (Parcel ID 281240832300201) and 1512 Water Street (Parcel ID 281240832300240).

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Ald. McComb moved, Ald. Shorr seconded, to approve the resolution for a conditional use permit for both 1504 and 1512 Water Street to construct apartments.

Ald. Dugan said she is happy to see low income senior housing being built near downtown. She said she is concerned about the height of the buildings for that area.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted.

13. Resolution – Conditional Use Permit – Construct an apartment complex at 1443 Water Street (Parcel ID’s 281240832202044, 281240832202010, 281240832202043) and 1447 Water Street (Parcel ID 281240832202011).

Ald. Jennings moved, Ald. Shorr seconded, to approve the conditional use permit for 1443 and 1447 Water Street.

Call for the Vote: Ayes: Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted.

14. Ordinance Amendment – Zoning – Section 23.01(14) of the RMC pertaining to driveway and parking requirements.

Ald. Dugan moved, Ald. Oberstadt seconded, to approve the ordinance amendment regarding zoning for Section 23.01(14) of the revised municipal code pertaining to driveway and parking requirements.

Ald. Dugan asked Dir. Ostrowski could elaborate on this.

Dir. Ostrowski said this would allow for a turnaround area in a resident’s front yard. He said the second change clarifies the reconstruction of a driveway or a parking lot.

Ald. Jennings read what Trevor Roark said at the Committee Meetings saying street design is making it harder to back out of driveways and suggested to wait until after the road reconstruction to make the change.

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

15. Development Agreement – for the properties of 1504 Water Street (Parcel ID 281240832300201) and 1512 Water Street (Parcel ID 281240832300240).

Ald. Shorr moved, Ald. McComb seconded, to approve the developer’s agreement.

Call for the Vote: Ayes: Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski,

11 Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted.

16. Ordinance Amendment- Animal Care and Licenses – Amendment to RMC 14.14 (Licenses), change to Dog license fees.

Ald. Phillips moved, Ald. Nebel seconded, to approve the ordinance amendment regarding animal care and licenses an amendment to the revised municipal code 14.14 the change in dog license fees.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted.

17. Landscape Maintenance Agreement with Sentry Insurance for maintaining landscaping in the middle of and medians adjacent to the roundabout of North Point Drive and US Highway Business 51.

Ald. Dugan said she is concerned with the privatization of public land. She said she wanted to make it clear that this is still public land and is not owned by Sentry.

Ald. Morrow moved, Ald. Phillips seconded, to approve the landscape maintenance agreement with Sentry Insurance.

Call for the Vote: Ayes: Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted.

18. Adjourn into Closed session (approximately 8:40PM) 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. Relating to negotiations between the City of Stevens Point and Portage County for future facility needs and locations.

Ald. Shorr moved, Ald. Kneebone seconded, to go into closed session.

Call for the Vote: Ayes: Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted.

19. Reconvene into open session for possible action on the above.

No action was needed.

20. Adjournment.

Adjourned at 8:16 p.m.

12 CITY OF STEVENS POINT POLICE AND FIRE COMMISSION TUESDAY, NOVEMBER 8, 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, Assistant Chief Gemza, Alderperson Kneebone, Mayor Wiza, Comptroller Ladick, Brandi – SP Metro Wire, Westin Larson

2. President’s Report

President Wescott reported the following: • Police and Fire Chief Evaluations will be completed at the December 5, 2018 PFC meeting. No special meeting is needed to complete the evaluations. • Sunday, November 11 is Veterans Day, a day in which we honor military veterans who served in the United States Armed Forces. Please keep military veterans in your thoughts on this day.

3. Approval of Minutes

Commissioner Carlson moved, seconded by Commissioner Moore, to approve the minutes of the October 2 and October 23, 2018 meetings.

Ayes, all; nays, none. Motion carried.

4. Confirmation of Bills

Commissioner Ostrowski moved, seconded by Commissioner Kirschling, to approve the confirmation of the October 2018 bills.

Ayes, all; nays, none. Motion carried.

5. Approval of Fire Department 2019 operational budget

Commissioner Wescott moved, seconded by Commissioner Carlson, to move approval of the 2019 Fire Department operating budget as presented.

Ayes, all; nays, none. Motion carried.

6. Approval of Police Department 2019 operational budget

Commissioner Wescott moved, seconded by Commissioner Kirschling to move approval of the 2019 Police Department operating budget as presented.

Ayes, all; nays, none. Motion carried.

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7. Discussion of ongoing issues with Portage County regarding EMS operations

Chief Finn wanted to update the Commission on issues the FD is having with Portage County in the last 12 months regarding EMS operations. The Department has been trying to resolve the issues with the County but the issues remain and include ambulance contract negotiations, update on the replacement ambulance, software and IT issues and special events unit update.

Chief Finn will keep the commission updated on all issues.

8. Fire Chief’s report

Chief Finn reported:

EMS training: SPFD completed Platinum training through MSTC in preparation for our paramedic intern program. This training is to help each medic understand their role as a preceptor.

Active Shooter Incident Management: Capt. Heibler, Lt. Schoeberle and FF/Medic Howard attended a three day training to integrate and manage a multi-discipline response to a full range of active shooter and hostile event threats including Complex Coordinated Attack (CCA). The goal is simple – decrease the time to neutralize the threat and move the injured to a hospital.

Equipment trial: For the next month, we will field test a new patent lift assist device in the field. The IndeeLift is designed to help reduce potential lifting injuries for EMS responders and allow for a safe and controlled lift assist for the patient.

Citizens Academy: On October 25 the Citizens Academy participated in training regarding EMS procedures. C-crew broke the group into small work stations and the academy participants did hands-on scenarios using our equipment to treat patients.

Significant Events: • October is Fire Prevention month • Should take delivery of new Engine #1 this month on 11/20 if everything goes as planned • We received another grant; this one is from TransCanada in the amount of $1,000 for Technical Rescue Equipment • Kitchen project at Station #1 continues • Strategic planning continues • Metro Fire calls (3) • Structure fires (3) • Vehicle fires (0) • Brush, grass, wildland fires (0) • Cooking fire contained (0) • Overheated cooking (0) • Other fires (6) • Rescue/EMS calls (63) • False alarm responses (19) • Hazardous materials responses (4)

14 • Other responses (9) • Total fire losses ($12,000) • Total Property saved (4,372,900) • Total responses (104) • Training: MAYDAY/RIT, EKG training, Fire behavior/suppression tactics, trench rescue awareness training, rope operations training. Total training hours: 108 • Fire inspections: Certificate of occupancy (1), general fire inspection (46), General/liquor license inspection (0), Re-inspection (37), Sprinkler system (1), tent inspection (6). Total inspections: 85 • Public Activities: Citizens Academy, Fire Prevention month. Number of attendees: 631

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

Ayes, all; nays, none. Motion carried.

9. Update on Chiefs’ evaluations

Commissioner Wescott is requesting that between now and the December meeting the liaisons complete their evaluations on the chiefs and submit them to the commission for review prior to the December meeting. The chiefs will be invited into closed session for finalization of their evaluations.

10. Update status of proposed new drug officer position – 2019

The drug officer position is a critical position for the Police Department. When the position was approved at Council level it was approved not knowing if there was funding for the position at that time. It was later determined that if the position is filled in 2019, there would be a substantial impact to the city’s overall budget. With that understanding the Chief issued a letter to Council President, Mayor and Commission President making them aware at this time we will continue to work with the Council to find funding for the approved position. Additionally the chief will be working with the mayor and treasurer to determine if there is funding sometime in 2019 to fill the position.

11. Police Chief’s Report Chief Skibba reported:

September: Notes of Interest: • Safer Point project. In collaboration with UWSP Center for Prevention the Department was able to secure additional $3,245.00 grant funding for the Safer Project. • On October 3, 2018 Corporal Long and Officer Clark, using the AED protocol and CPR, assisted in life saving efforts to a 62-year-old female in the City of Stevens Point. For their actions they both received Life Saving awards per Department Policy 1030. • 4 weapon involved incidents (2 gun, 1 knife, 1 bat) • 76 mental health related incidents (12 emergency detentions, 1 knife involved suicide attempt)

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Projects: • Building update: Capital requests for 2019 expenditure

• Staff assignments: o Sergeant Spath reassigned to Operational Support o Officer Clark assigned to solo patrol 10/23/18 o Officer Lepinski projected solo patrol 11/14/18 o Officer Rogers projected solo patrol 11/26/18 o Officer Nissen projected solo patrol 12/24/18

Auxiliary Unit: • 88 Events, 951 volunteer hours in 2018

Activity/Events: October: • Auxiliary assisted at college and high school sporting events • Oct 1, Domestic Abuse, Purple Ribbon Walk • Oct 3 – 6, SPASH Homecoming events • Oct 9, Security planning, Stevens Point Public School District • Oct 10, Active shooter presentation/training at Sentry • Oct 13, Point of Discovery Run/Walk • Oct 19, Crisis Intervention Training at MSTC • Oct 20, Active shooter presentation/training at Insurance Group • Oct 24, Ask “LE” listening session at ADRC • Oct 26, Downtown Trick or Treat • Oct 27, Drug take back • Oct 31, City wide trick or treat

November: • Auxiliary assisting at college and high school sporting events • Nov 8, Citizens Academy graduation • Nov 16, Holiday Parade

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

Ayes, all; nays, none. Motion carried.

12. Adjourn into closed session (approximately 4:45 p.m.) pursuant to Wis. Stats. Sec. 19.85 (1) (c) [considering employment, promotion, compensation or performance evaluation data of any public employee of which the governmental body has jurisdiction or exercises responsibility] for a Firefighter/Paramedic applicant interview

Commissioner Wescott moved, seconded by Commissioner Moore, to adjourn into closed session.

Ayes, all; nays, none. Motion carried.

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13. Reconvene into open session for possible action

Commissioner Wescott moved, seconded by Commissioner Ostrowski to reconvene into open session.

Ayes, all; nays, none. Motion carried.

Commissioner Wescott moved, seconded by Commission Kirschling to offer Westin Larson employment as a Firefighter/Paramedic with a start date of December 3, 2018.

Ayes, all; nays, none. Motion carried.

14. Adjournment

The meeting adjourned at 6:20 p.m.

17 REPORT OF CITY PLAN COMMISSION

December 3, 2018 – 6:00 PM Police Department – 933 Michigan Avenue, Stevens Point, WI 54481

PRESENT: Mayor Wiza, Alderperson Kneebone, Commissioner Arntsen, Commissioner Haines, Commissioner Hoppe, commissioner Rice, and Commissioner Cooper.

ALSO PRESENT: Director Ostrowski, Associate Planner Kearns, City Attorney Beveridge, Alderperson Jennings, Alderperson Shorr, Alderperson Johnson, Alderperson Dugan, Alderperson McComb, Alderperson Phillips, Alderperson Morrow, Joe Baachman, John Mallick, Kristine Mallick, Brett Itterman, Ward Wolff, Bailey Voigt, Wayne Bushman, Bob Jaskolski, John Kayser, Gary Hubert, Lyn Ciurro, Greg Wright, Greg Wojtak, Trevor Roark, and Jeff Kraemer.

INDEX: 1. Roll call.

Discussion and possible action on the following: 2. Report of the November 5, 2018 meeting 3. Request from Wayne Bushman for a sign variance to increase the size and height of a freestanding sign at 5101 Woodward Drive (Parcel ID 281240835300053) 4. Request from the University of Wisconsin Stevens Point for site plan review to construct a sign structure in the intramural field on the corner of Maria Drive and Michigan Avenue (Parcel ID 281240828300301) 5. Public Hearing and action on a request from John & Kristine Mallick to rezone the properties at 3313 and 3319 East Maria Drive (County Parcel ID: 020240828-13.04 & 020240828-13.09) from “RLD” Residential Low Density District to "R-4" Multiple Family 1 Residence District or “B-4” Commercial District

6. Public Hearing and action on a request from Cave Enterprises Operations, LLC for a conditional use permit to construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1617 Scholfield Avenue (Parcel ID 281240829130024) 7. Public Hearing and Action on a request from Pentex Restaurant Group, LLC for a conditional use permit to construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1616 Academy Avenue (Parcel ID 281240829130022) 8. Amending the East Park Commerce Center conceptual development plan to contain pedestrian and bicycle infrastructure 9. Presentation by the Bicycle Pedestrian Street Safety Commission on 2018 Bicycle and Pedestrian Counts 10. Request from the City of Stevens Point to purchase approximately 2,111 square feet of an unaddressed parcel north of Main Street and east of Second Street (public square) (Parcel ID 281240832201523) 11. Resolution for Complete Streets 12. Community Development Department Monthly Report for November, 2018 13. Director’s Update. 14. Adjourn.

Page 1 of 18 18 1. Roll call. Present: Wiza, Kneebone, Arntsen, Haines, Hoppe, Rice, Cooper Discussion and possible action on the following: 2. Report of the November 5, 2018 meeting Motion by Commissioner Cooper to approve the report of the November 5, 2018 Plan Commission meeting; seconded by Commissioner Haines. Motion carried 7-0. 3. Request from Wayne Bushman for a sign variance to increase the size and height of a freestanding sign at 5101 Woodward Drive (Parcel ID 281240835300053) Director Ostrowski explained that the request would be for two variances, one to exceed the maximum height of the sign, and the second to exceed the maximum area of the sign. Given the elevation changes of the interstate in relation to the sign location, as well as how far the sign was set back from the interstate, staff found the extra allowances to be warranted. Approval was recommended with conditions outlined in the staff report. Mayor Wiza asked for comments from the audience, to which there were none. Commissioner Arntsen, for clarification, asked if they were being limited to one sign, rather than the allowed two within the current district, in case of a zoning change, to which staff confirmed correct. Motion by Alderperson Kneebone to approve the request from Wayne Bushman for a sign variance to increase the size and height of a freestanding sign at 5101 Woodward Drive (Parcel ID 281240835300053) with the following conditions: 1. The height of the sign shall not exceed 50 feet and 170 square feet in area. 2. If the sign is illuminated, the main portion of the background of the sign shall be opaque/non-white in color, so that only the lettering and/or logos are illuminated. Staff must approve the opaqueness of the sign. 3. No other freestanding signs shall be allowed on the property (e.g. no freestanding sign advertising the business could be allowed on Woodward Drive). 4. Applicable permits for the sign shall be obtained. seconded by Commissioner Haines Motion carried 7-0. 4. Request from the University of Wisconsin Stevens Point for site plan review to construct a sign structure in the intramural field on the corner of Maria Drive and Michigan Avenue (Parcel ID 281240828300301) Director Ostrowski summarized the request to locate a sign at the proposed location, noting that the sign would be installed on an elevated berm outside of the vision triangle. Staff recommended approval with conditions outlined in the staff report. Mayor Wiza asked for comments from the audience, to which there were none. Commissioner Arntsen asked for clarification regarding red lines on the site plan, to which it was clarified that it indicated the limits of the berm.

Page 2 of 18 19 Motion by Commissioner Arntsen to approve the request from the University of Wisconsin Stevens Point for site plan review to construct a sign structure in the intramural field on the corner of Maria Drive and Michigan Avenue (Parcel ID 281240828300301) with the following conditions: 1. The sign shall not be located within the vision triangle. 2. The sign shall be setback five feet from the property lines. seconded by Commissioner Hoppe. Motion carried 5-0. 5. Public Hearing and action on a request from John & Kristine Mallick to rezone the properties at 3313 and 3319 East Maria Drive (County Parcel ID: 020240828-13.04 & 020240828-13.09) from “RLD” Residential Low Density District to "R-4" Multiple Family 1 Residence District or “B-4” Commercial District Director Ostrowski explained that the properties had recently been annexed into the City from the Town of Hull, and upon annexation, were automatically rezoned Residential Low Density District. Since then, staff had relooked at rezoning the two parcels south of East Maria Drive, noting that the City’s Comprehensive Plan called for them to be used as commercial. In order to provide a better buffer to more intense commercial uses in the area, staff recommended rezoning to R-5 Multiple Family II Residence District as it allowed single family, multi-family, and office-type uses which were consistent with the future land use, as well as the surrounding B-4, R-4, and R-5 properties. He lastly noted that a single family use would be considered a conditional use in the new zoning district. Mayor Wiza declared the public hearing open. Associate Planner Kearns identified that a business located across the street had indicated through a call and email that they would not be in favor of a B-4 zoning, but would not object to an R-4 or R-5 zoning. Alderperson Dugan (District Eight) stated that she did not support the rezoning to R-5 as it would allow for a far greater density and intensity of use. She supported rezoning the parcels to R-4. Mayor Wiza declared the public hearing open. Commissioner Haines referenced the zoning map on page 41 of the staff packet and asked for clarification on the zoning identification of the white properties, to which Director Ostrowski stated that they represented county zoning, with the properties being in the Town of Hull. He further described additional zoning districts surrounding the annexed parcels. Commissioner Artnsen asked for additional information for maximum heights allowed in the R-4 and R-5 districts, to which Director Ostrowski stated 45 feet or 4-stories in R-4, and 85 feet in R-5 for permitted uses. Motion by Commissioner Artnsen to approve the request from John & Kristine Mallick to rezone the properties at 3313 and 3319 East Maria Drive (County Parcel ID: 020240828-13.04 & 020240828-13.09) from “RLD” Residential Low Density District to "R-5" Multiple Family II Residence District; seconded by Commissioner Cooper. Motion carried 7-0. 10. Request from the City of Stevens Point to purchase approximately 2,111 square feet of an unaddressed parcel north of Main Street and east of Second Street (public square) (Parcel ID 281240832201523) Mayor Wiza asked that Item 10 be moved to this point in the agenda on behalf of a requesting party, to which there were no objections.

Page 3 of 18 20 Director Ostrowski explained that the City was looking to acquire the parcel noted, or approximately 10 parking spaces, for $20,000 for the purpose of potentially relocating the dumpster corral from the square. The intent would be to consolidate the area dumpster corrals into a screened and secured refuse area, which would clean up the surrounding area and also provide business owners with an alternative refuse space. Even if the corral relocation did not occur, acquiring the property could provide common ownership in the future as the alley area surrounding it was owned by the Redevelopment Authority. Staff recommended to purchase the property for $20,000 as indicated. Mayor Wiza provided a brief history of the dumpster corral on the square, and explained that he had discussed the new proposed location with surrounding property owners. The acquisition would allow the City to create a secured enclosure, consolidate the dumpsters in the area, and they would also accommodate displaced parking users and tenants to an area of close proximity. Lastly, CREATE Portage County had also indicated interest in doing something artistic in the space. Mayor Wiza declared the public hearing open. Greg Wright (1217 Franklin St), Executive Director of CREATE Portage County, spoke in favor of the request and indicated their support in assisting with design needs. Troy Hojnacki (912 Main St) owner of Graffiti’s, while agreeing that the dumpster corral needed to be moved, did not approve of the City purchasing the property. He provided a brief history of attempting to acquire the property for an expansion of his establishment, patio area, and tenant parking. He also stated that after speaking with several surrounding users of the existing corral, that they had indicated ceasing use due to distance and potential safety issues if it was moved to the proposed location. He indicated that the corral could be moved and secured without the City purchasing the property. Mayor Wiza indicated that he had also discussed the item with surrounding users, and they had stated support for it. While he noted that some tenant parking could be displaced, they would take steps to accommodate them. Commissioner Hoppe asked for clarification on the ownership of the surrounding properties of the noted parcel, to which staff provided. Motion by Mayor Wiza to approve the request from the City of Stevens Point to purchase approximately 2,111 square feet of an unaddressed parcel north of Main Street and east of Second Street (public square) (Parcel ID 281240832201523); seconded by Alderperson Kneebone. Motion carried 7-0. 6. Public Hearing and action on a request from Cave Enterprises Operations, LLC for a conditional use permit to construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1617 Scholfield Avenue (Parcel ID 281240829130024) Director Ostrowski recused himself due to a potential conflict that he may or may not have had. Associate Planner Kearns stated that the next two requests would be for a Conditional Use Permit and Site Plan Review. He explained that both properties fell under the B-TID 5 Overlay District zoning standards which had also recently been amended. The intent of those changes was to create a more compact, urban type of development pattern in the area, referencing the standards on page 72 of the staff packet. Some of the larger changes to the standards included changes to the setbacks for buildings within the district, as well as a mandatory site plan review. He also briefly touched upon a condition that would allow for adjustments to be made to the underlining zoning district setback requirements through a Conditional Use Permit process when met with unique property characteristics or circumstances. In this instance, the applicant was looking for deviations from the 5 feet maximum setback from Division Street and a 25 feet maximum

Page 4 of 18 21 setback from all other streets, to allow for 25 feet from Division Street and 95 feet from Scholfield Avenue, in order construct a Burger King on the noted parcel. Preliminary feedback had been provided during a conceptual plan review at the previous Plan Commission meeting, of which they had then further incorporated into their request. The proposed Burger King with drive-thru would be approximately 3,000 square feet with 31 parking stalls. Mr. Kearns asked that it be kept in mind that the Conditional Use Permit was not for the restaurant use as that was permitted, but for the deviations from setbacks in addition to a site plan review. He went on to review the site plan, touched upon the vehicular traffic route, parking layout, signage, building materials, and additional features. Lastly, he noted difficulties with the lot being nearly twice as long as it was wide, as well as difficulty in attempting to produce interest for the lot for a denser, multi-tenant development. Given the uniqueness of the lot dimensions, as well as its location north of Maria Drive which was characterized by larger lots with larger buildings, and additional findings from their review, staff recommended approval with conditions outlined in the staff report. Many of the site details, such as the patio and landscaping, would aid in creating a sense of increased density, cohesion, and walkability in the corridor. Commissioner Haines, for clarification, asked if they were only then considering the setback, not the use of the development, to which staff confirmed correct. Alderperson Kneebone asked if a mural could be added to break up the façade, to which Mr. Kearns noted that it could be appropriate, as well as approved through minor modifications. Mayor Wiza declared the public hearing open. Alderperson Jennings (District One) noted that her comments pertained to Items 6 and 7 before explaining that the Plan Commission and Common Council had accepted the B-TID5 standards to create a new development pattern and encourage dense development along the Division Street corridor over time. While she appreciated the attempts to contact multiple developers, she felt the need to keep focus on what was best for the community in the long term, adding that the City had yet to have a new development that could serve as a model. Collaboration with Vandewalle had just begun in seeing what could be possible for the corridor, and asked if they were going to maintain the status quo or look to the future. Greg Wojtak (916 Frontenac Ave) stated the need to bring taxes into the City, noting the length of time the parcels had been vacant. Additionally, he added that creating a downtown atmosphere in the area would require tearing down of existing buildings and developing the area. He supported the approval of the items for tax revenue and noted that the existing Downtown should be a focus. Jon Kayser (Chicago, IL), doing business as Burger King, that they had no objections to the report, comments, and recommendations. He thanked the commission for their consideration. Mayor Wiza read an email in support of the Conditional Use Permit requests by Trig Solberg and Bob Jaskolski into the record. Alderperson McComb (District Nine) noted concern for the building and asked why it could not be flipped in layout or closer to the street. She also wanted to make sure that the landscaping conditions would be requirements rather than suggestions. Alderperson Morrow (District Eleven) stated his support for the development, noting that the parcel had been vacant for many years and that the tax base would be helpful. Trevor Roark (601 Washington Ave), representing himself as a resident only, read a prepared statement regarding the developments in how it did not fit into the corridor, and touched upon each point for the performance and design standards of the B-TID 5 Overlay District. Mayor Wiza declared the public hearing closed.

Page 5 of 18 22 Mayor Wiza asked Mr. Kayser to respond to Alderperson McComb’s comments and questions regarding the site plan design. John Kayser (Chicago, IL) explained that when they came to a site for development, they first needed to make sure to meet all local zoning codes while still keeping with the branding, and the site plan provided was their best layout for doing so. Commissioner Hoppe asked if Mr. Kayser had any concerns regarding the landscaping requirements, to which Mr. Kayser stated that there were no objections to the requirements. Commissioner Haines noted that they would be discussing Complete Streets in an upcoming agenda and asked how that would all tie into the development, as well as noting a large grass area on the site, to which Mayor Wiza indicated that it was for stormwater. Associate Planner Kearns also added that the Complete Streets approach would incorporate all aspects and features for transportation whether it was for pedestrians, and bicyclists or vehicles. However, stormwater was also an item that needed to be managed. He also wanted to see aesthetics, such as landscaping requirements, be a part of Complete Streets. In all, the hope would be that the approach would create an inviting appeal to sites. Motion by Commissioner Cooper to approve the request from Cave Enterprises Operations, LLC for a conditional use permit to construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1617 Scholfield Avenue (Parcel ID 281240829130024) with the following conditions: 1. Additional windows shall be added between the windows and doors along the east façade. An updated rendering shall be submitted showing the added window features, to be reviewed and approved by the Community Development Department. 2. The development shall meet applicable Utility and Stormwater requirements, as well as any other jurisdictional requirements (i.e. WDNR). The utility department shall review and approve plans. 3. An updated landscaping plan shall be submitted, meeting all applicable requirements, to be reviewed and approved by the Community Development Department. 4. Landscaping shall be installed around the refuse enclosure to provide additional screening. 5. A minimum of four additional trees shall be installed on the east s ide of the property. 6. Two benches shall be spaced evenly apart along the Division Street sidewalk adjacent to the development site. 7. Applicable permits shall be obtained for the development. 8. Minor modifications to the plan may be approved by staff. seconded by Alderperson Kneebone Roll Call: Yeas: Wiza, Kneebone, Arntsen, Hoppe, Cooper Nays: Haines, Rice Motion carried 5-2, with Commissioner Haines and Commissioner Rice voting in the negative.

7. Public Hearing and Action on a request from Pentex Restaurant Group, LLC for a conditional use permit to construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1616 Academy Avenue (Parcel ID 281240829130022)

Page 6 of 18 23 Associate Planner Kearns explained that the site for the current request was three times longer than it was wide, making it a more challenging site. The proposed Taco John’s restaurant would contain a drive-thru, be a little over 2,000 square feet, and contain 31 parking stalls. Similar to the last request, the applicant was requesting deviation from setback requirements at approximately 27 feet from Division Street and 150 feet from Academy Avenue. The current maximum would be 5 feet off Division Street and 25 feet from off Academy Avenue, noting again that the lot proposed challengers and limitations for development. He briefly reviewed two rendering options for the development, proposed site plan, additional building elements, and staff conditions. Given their findings and limitations of the property, he recommended approval with conditions outlined in the staff report. Commissioner Arntsen questioned whether they had missed specifying specific reasons for approval during the last item in order to not set a precedent, to which Associate Planner Kearns explained that if they were requesting to approve based off the recommendations by staff, then it was generally understood to be based off the characteristics and circumstances staff had outlined in their report for approval. Mayor Wiza declared the public hearing open. Alderperson McComb made a general comment of the immediate benefits versus the long term vision and goal for the corridor, and that they needed to look at the request with the whole City in mind. Ward Wolff (3233 Olympia Ave), representing the Pionek Family and adjacent property owner, stated that the project would be a better project when including the adjacent property, to which Mayor Wiza asked that the current platform not be used to market his client’s property. Greg Wojtak (916 Frontenac Ave) noted agreement with Alderperson McComb’s comment and asked whose vision and money would put a development on the property to meet current standards, especially with the existing surrounding properties. He also added that they should be working on developing the downtown area now that Sentry was going to be vacating it. Mayor Wiza clarified that there were no plans for Sentry to vacate the downtown area. Alderperson Jennings (District One) stated that corporate business giants didn’t want Division Street to change because Division Street served their kind of business. Even if they managed to redesign and reconfigure the corridor as it should be, those businesses would argue for something else, such as not having enough visibility along the Street. She asked that they remember that possibility. Brett Itterman (Fargo, ND), with Pentex Restaurant Group, explained that it was the company’s intent to develop Option One, the more architectural modern design prototype. He did note that they were not in control of the process, which is why they had provided a second option in the proposal. They stated their intent to comply with the recommendations and added conditions. Lastly, he stated that they were not a corporate giant and that they were very involved with the communities in which they operated. Alderperson Johnson (District Five) suggested coverage for the outdoor seating considering the location and surrounding glass, noting that it could get very hot which could result in the seating not being utilized. While the development was not ideal, she had constituents calling in support of the project. Alderperson Morrow (District Eleven) stated his support for the development, noting that they did not have a Taco John’s in town and that it would be utilized. Trevor Roark (601 Washington Ave), representing himself as a resident only, read a prepared statement regarding the developments in how it did not fit into the corridor, and touched upon each point for the performance and design standards of the B-TID 5 Overlay District. He noted that the development felt rushed, especially doing so before Vandewalle could get into planning. A possibility of splitting the lots or waiting until Division Street was reconstructed was suggested.

Page 7 of 18 24 Alderperson Dugan (District Eight) noted concern with moving forward with the developments before the Master Plans were completed, and before restriping and reconstruction of Division Street. She questioned whether anyone on the Plan Commission or Common Council knew about the concept of new urbanism, or had ever seen places developed as such. Jeff Kraemar (Middletown, WI), Kraemer Development, explained that he agreed with the planning efforts that needed to take place, as well as the beautification of Division Street. However, cautioned that during the beautification process to be careful about creating a market that was not good for business, adding that they always tried to align economic activity with planning objects. He also stated that they had spoken with a lot of individuals, and even locals, about retail or restaurant options for a multi-tenant building, but they hadn’t worked out. He lastly described development in Middletown, Wisconsin, where they developed an area with new urbanism in mind, but that they were now getting away from that due to untended consequences. Stevens Point was a very different market than even Wausau, Madison, or Milwaukee, he stated. Mayor Wiza, for the record, reminded those in attendance of the written testimony from the Trig’s owners that stated their support for both developments. Mayor Wiza declared the public hearing closed. Commissioner Arntsen stated that it didn’t seem to make sense that the area being discussed was in the B- TID 5 District. While he could see the district south of Maria Drive making sense, the current area did not. Commissioner Hoppe agreed that property layouts were limited, and was glad to see that the developers had taken their comments into account. Alderperson Kneebone stated that constituents had been calling in support of the development. Commissioner Haines inquired about the Vandewalle timeline, to which Associate Planner Kearns explained that they had just recently met with staff for a kick-off meeting, with an external public meeting to be held in January or February. They were projecting a 2019 end of year completion date. Commissioner Arntsen noted support for including benches and additional trees. He noted the wide sidewalk area and asked if it was a multi-use path, to which Associate Planner Kearns confirmed it was a sidewalk, adding that the hope would be to connect the developments to the street and entice pedestrians and bicyclists to come onto the site. Associate Planner Kearns noted efforts to create access points and a shared driveway between the two developments, but ultimately did not come through due to elevation issues. Mayor Wiza explained that while the projects were not perfect, it was not the City determining what came in; it was up to the developers and people willing to invest to bring in those projects. While they could incentive, encourage, and ask for a type of development, they couldn’t force anyone to do so. Motion by Alderperson Kneebone to approve the request from Pentex Restaurant Group, LLC for a conditional use permit to construct a restaurant using deviations from the B-TID 5 Overlay District zoning standards at 1616 Academy Avenue (Parcel ID 281240829130022) with the following conditions: 1. A window feature shall be added next to the service door on the east façade, to assist in breaking up the monotony. An updated rendering shall be submitted showing the added features, to be reviewed and approved by the Community Development Department. 2. The walk in cooler and storage area on the north side of the building shall match the proportions of the building, including height and the façade materials found on the building.

Page 8 of 18 25 Updated elevations and renderings shall be submitted to be reviewed and approved by the Community Development Department. 3. The development shall meet applicable Utility and Stormwater requirements, as well as any other jurisdictional requirements (i.e. WDNR). The utility department shall review and approve plans. 4. An updated landscaping plan shall be submitted, meeting all applicable requirements, to be reviewed and approved by the Community Development Department. 5. Details regarding the refuse enclosure shall be submitted for review and approval by the Community Development Department and the construction materials of the enclosure shall match those found on the building. 6. Landscaping shall be installed around the refuse enclosure to provide additional screening. 7. Landscaping shall be installed around the outdoor patio. 8. Twice as many trees as required shall be installed along the east (Division Street) side of the property. 9. A lighting plan shall be submitted for review and approval by the Community Development Department. 10. Two benches shall be spaced evenly apart along the Division Street sidewalk adjacent to the development site. 11. Applicable permits shall be obtained for the development. 12. Minor modifications to the plan may be approved by staff. seconded by Commissioner Hoppe Roll Call: Yeas: Wiza, Kneebone, Arntsen, Hoppe, Cooper Nays: Haines, Rice Motion carried 5-2, with Commissioner Haines and Commissioner Rice voting in the negative.

8. Amending the East Park Commerce Center conceptual development plan to contain pedestrian and bicycle infrastructure Director Ostrowski summarized the intent to amend the East Park Commerce Center conceptual development plan to contain pedestrian and bicycle infrastructure, specifically allowing a pedestrian pathway instead of installing a sidewalk. He explained that the City building code required sidewalks for all projects unless they were waived, however it did not make sense to install thousands of feet of sidewalk in some areas which could also lead to a substantial burden on developments. Even so, there was still value in providing interconnectedness for users throughout the park. He reviewed the general layout of the proposed pathway and typical road section as an example before providing staff recommendation to approve the amendment, noting that the Bicycle and Pedestrian Street Safety Commission (BPSSC) had reviewed and recommended to approve in waiving the sidewalk requirement in the EPCC and directly west of the property along E.M. Copps Drive, in lieu of the construction of a planned multi-use path throughout the entire park. Alderperson Dugan (District Eight) read an email of support from a constituent into the record.

Page 9 of 18 26 Commissioner Arntsen stated that he had heard comments about the Portage County Business Park being terrible for pedestrians. Motion by Commissioner Hoppe to approve the East Park Commerce Center conceptual development plan to contain pedestrian and bicycle infrastructure: seconded by Commissioner Arntsen. Motion carried 7-0. 9. Presentation by the Bicycle Pedestrian Street Safety Commission on 2018 Bicycle and Pedestrian Counts It was announced that the presentation would occur at Common Council on December 17, 2018. 11. Resolution for Complete Streets Mayor Wiza briefly stated that feedback was being requested to incorporate any additional thoughts for when Common Council was to consider the resolution. Director Ostrowski noted that the recommendation had come from the Bicycle and Pedestrian Street Safety Commission, of which the Chairperson was present and could elaborate on the item. Associate Planner Kearns added that there was value in the Plan Commission being aware of the resolution as there were certain items that could be adopted through the Zoning Code rewrite when it came to items such as subdivision standards, roads in that subdivision, and to make sure that the Complete Streets approach was maintained. He lastly noted collaboration of the BPSSC with the Community Development Department and Streets Department in drafting the resolution. Trevor Roark (601 Washington), Chairperson for the BPSSC, stated that staff had provided an initial overview of Complete Streets in their agenda packet memo, of which detailed the foundation and reasoning for a Complete Streets approach. He went on to read a prepared statement in which also emphasized the critical need to construct, reconstruct, and improve streets for the safety of all users. He made himself available for additional questions. Mayor Wiza asked if the resolution had come from somewhere, or if it had been put together by them, to which Mr. Roark briefly explained that Commissioner O’Meara had drafted the resolution by utilizing different sources, and then that draft was further reviewed by himself and the additional BPSSC members, as well as internal staff. Mayor Wiza noted concern with several of the citations used as he wanted to make sure that they would not become outdated or need revising. He asked if any outside groups had reviewed the document, to which Mr. Roark stated that no other groups but staff and the Public Works Department had reviewed it. Mayor Wiza asked that the document be pushed out to additional outside groups for feedback prior to going before the Common Council, to which there were no objections in doing so. Commissioner Haines ask how the document would get integrated into other items such as policies or ordinances, to which Mr. Roark explained that the resolution was a starting point in creating Complete Street standards which would then be rolled out over time and impended into items such as the Comprehensive Plan and Zoning Code. Alderperson Jennings (District One) stated that it was an economic development tool, as businesses moved to places where people wanted to live. Motion by Commissioner Haines to approve the Resolution for Complete Streets; seconded by Alderperson Kneebone. Motioned carried 7-0.

Page 10 of 18 27 12. Community Development Department Monthly Report for November, 2018 Director Ostrowski briefly reviewed the monthly report and explained that they were still seeing a great deal of economic activity throughout the city, much of which was occurring as reinvestment into existing areas. Larger projects were on the horizon for the Downtown area and East Park Commerce Center as he projected continued high activity for the next couple years. He noted two new residential projects, one of which was a twin home on the previous Grant School property. Code enforcement counts for exterior building violations were a bit higher in November as they tried to get ahead of some items that would most likely need to be corrected within the next year, and sending notices out now would allow individuals to prepare and hopefully finish those items by the end of the following year. Mayor Wiza also took the opportunity to remind individuals that the garbage pickup schedule would likely change for the holidays, so he encouraged everyone to look at the schedule on the City website. Additionally, snow violations would begin to ramp up, adding that individuals with boulevards would have 24 hours to clear their sidewalks after the end of a snowfall, with those without a boulevard having 48 hours after the snow stopped to clear snow, and lastly that it applied to both residences and business. 13. Director’s update. Director Ostrowski provided updates on the following: a. No special December meeting for Plan Commission due to the holidays. b. Targeted area master plans update & recent kick-off meeting with internal staff, with possibility of public meetings in January.

c. Purchase of Belke properties. d. Received environmental case closure on the former Lullabye Furniture site & getting close to environmental shutdown on the vapor extraction system on the Mid-State parking area. Additionally, there was an interested developer for the Lullabye site.

e. Future creation of TID 10, a new overlay TIF district of portions of the Downtown. 14. Adjourn. Meeting adjourned at 8:15 PM.

Page 11 of 18 28 Attachment pertaining to Agenda Item 6 and 7: Support Email

Page 12 of 18 29 Attachment pertaining to Agenda Item 6, 7, 11: Trevor Roark Testimony

Page 13 of 18 30 Page 14 of 18 31 Page 15 of 18 32 Page 16 of 18 33

Page 17 of 18 34 Attachment pertaining to Agenda Item 8: Constituent Email, District 8

Page 18 of 18 35

City of Stevens Point Board of Water and Sewerage Commissioners Monday, December 10, 2018 12:00 P.M.

MINUTES

PRESENT: Paul Adamski, Carl Rasmussen, Anna Haines and Ray Schmidt

ALSO PRESENT: Joel Lemke, Mary Klesmith, Chris Lefebvre, Eric Southworth, Rob Molski, and Jaime Zdroik

EXCUSED ABSENCE: Mae Nachman

Index Page I. ADMINISTRATION

1. Approval of minutes of the November 12, 2018 meeting. 3 2. Discussion and possible action on credit card payment options. 3

II. ACCOUNTING

3. Discussion and possible action on approval of department claims. 3-4 4. Discussion and possible action on 2019 Capital Operations & 4-5 Maintenance Plan.

III. WATER OPERATIONS

5. Report on water distribution & water supply operations. 5

IV. SEWAGE TREATMENT OPERATIONS

6. Report on Collection System Maintenance. 6 7. Report on sewage treatment operations. 6

V. STORMWATER/CAN OPERATIONS

8. Report on stormwater/CAN operations. 7

VI. DIRECTOR’S REPORT

9. Verbal report & update on current projects. 7

VII. ADJOURNMENT 7

36

ADMINISTRATION

1. Approval of minutes of the November 12, 2018 meeting.

Motion made by Ray Schmidt, seconded by Anna Haines to approve the minutes of the November 12, 2018 Water & Sewerage Commission meeting.

Ayes all. Nays none. Motion carried.

2. Discussion and possible action on credit card payment option.

Joel explained that we can currently process credit/debit card payments for our customers when requested but the Public Service Commission states the costs of using the card needed to be absorbed by the customer using the card.

Joel stated recent rulings by the PSC now state we can recoup the costs involved of customers using credit/debit card payments through the rates. Due to us being close to going live with our new billing software, which will now allow the customer to make payments through the customer portal, we need to know if the Commission would like us to pursue this or just keep charging the customer the costs involved with making a credit/debit card payment.

Discussion was held regarding the potential costs the department would incur, how many customers currently use credit/debit cards to make payment and how many customers do we think would start using credit/debit cards if we decided to not charge the customer the fees.

Paul explained that it probably isn’t fair for the rate payers who don’t want to use their credit/debit cards to have the costs recouped through the rates. He also feels that customers are accustomed to being charged fees.

The Commissioners would like to know the percentage of customers who use credit/debit cards currently.

Joel stated we will do some additional data gathering and in the mean time we will continue to charge the fees to the customers whom choose to use their cards.

II. ACCOUNTING

3. Discussion and possible action on approval of department claims.

WATER DEPARTMENT

Paul Adamski presented the statement of claims for the Water Utility for November. The balance as of November 1, 2018 was $1,939,231.12; the bank deposits recorded in November, 2018 were $1,515,498.38. Checks

37 issued November 2018 numbered 52736 through 52824 were in the amount of $1,324,834.36. The net balance on hand November 30, 2018 was $2,129,895.14.

WASTEWATER DEPARTMENT

Paul Adamski presented the statement of claims for the Sewage Treatment Utility for November 1. The balance as of November 1, 2018 was $6,761,251.91; the bank deposits recorded in November, 2018 were $1,532,591.56. Checks issued November 2018 numbered 33445 through 33506 were in the amount of $1,763,379.94. The net balance on hand November 30, 2018 was $6,530,463.53.

STORMWATER DEPARTMENT

Paul Adamski also presented the statement of claims for the Stormwater Utility for November. The balance as of November 1, 2018 was $1,411,523.53. The bank deposits recorded in November 2018 were $64,501.48. Checks issued November 2018 numbered 2306 through 2334 were in the amount of $105,424.44. The net balance on hand November 30, 2018 was $1,370,600.57.

Motion made by Carl Rasmussen seconded by Anna Haines to approve the department claims for November 2018 as audited and read.

Ayes all. Nays none. Motion carried.

4. Discussion and possible action on 2019 Capital Operations & Maintenance Plan.

Joel explained the previous year’s Capital Operations & Maintenance Plans which he typically includes for comparison was not provided this month. This will be revisited in the next couple months. He wanted to at least get the proposed 2019 out there.

Joel stated there will be over a mile of full reconstruction done in 2019 which is a lot more than what’s been done in the past but it’s where we need to be. Even doing this we still aren’t near our 100-year term.

The remaining items listed on the Water Department Capital Operations & Maintenance plan are pretty standard items.

The Commission would like additional quotes for the Well 11 roof repair. Eric explained the reason Well 11 needs roof repair.

Joel explained the items on the Wastewater 2019 Capital Operations &

38 Maintenance Plan, the reconstruction costs and liftstation replacements are the bigger expenses for 2019.

Joel also explained the Stormwater 2019 Capital Operations & Maintenance Plan. Due to the costs involved with the reconstruction projects, we might have to look at increasing the stormwater rates in the next couple of months. The Stormwater rates have not increased since the utility was created in 2013. Also there will be other large facilities that will have to be built after the five year planning phase of our permit runs out and we know what enhancements need to be made to the stormwater system throughout the City.

Paul wanted to know how the reconstruction projects are determined annually. Joel explained there are several meetings held between the Utilities and Public Works. The criteria to see which streets are eligible for reconstruction are based on the age of the utilities/mains any that are 60 to 70 years old, combined with streets that have a low pacer rating. We need to get through the City once every 100 years due to the fact that the life expectancy of the utilities is 100 years.

No action taken at this time. The 2019 Capital Operations & Maintenance Plan will be brought back next month along with the previous year’s Capital for approval.

III. WATER OPERATIONS

5. Report on water distribution & water supply operations.

Eric stated there was a problem with the exporting of our well information for reporting and that’s why the pumpage information was not available for packets. The total pumpage in November was 133,317,000 gallons; a 4,135,000 decrease from 2017; 5,183,000 peak pumping occurred on 11/27/18; 3,425,000 low pumping occurred on 11/28/18, and 630 gals/kwh.

Ray asked for an update on Well 4. Joel explained we will be getting samples from private wells in the area to see if it will provide more information on what we are experiencing at Well 4. Well 4 is still offline.

The water operation report was distributed and reviewed for the month of November.

The pumpage information for November was not available.

IV. SEWAGE TREATMENT OPERATIONS

39

6. Report on Collection System Maintenance.

Everything is going well. The crew has been cleaning out lift stations before it gets too cold.

A report for the month of November was provided to the Commission.

7. Report on sewage treatment operations.

Chris stated the plant met all its permits for the month of November. We produced 95% of our own power and 90% of our own heat. Last meeting, we were land applying biosolids and in a race with mother nature to get the biosolids spread before the ground froze. Due to the weather, the farmers didn’t get their crops off the fields so we are short on storage approximately 250,000 gallons and if we continue to take in trucked in waste we could be short 1.1 million gallons/storage. Chris called other local municipalities to see if they could help us out and most are in the same situation or they are just too small. Milwaukee and Green Bay can help but it would be high trucking costs. So we looked into finding offsite storage locally and working with the County and the DNR we found out we can utilize non-used manure pits, pits on farms that have been shut down. Chris was able to secure a 400,000-gallon site for our facility use. We are looking into the feasibility 1.5-million-gallon tank in the Amherst area so we can help out other people in the community with their trucked in waste. Their tipping fees would have to get us to a break-even level. No monetary exchange for use of the pit, just offering biosolids for fertilizer and we to have the pit cleaned out prior to us using it.

Paul asked what caused this to happen. Chris explained that this has never happened before. He said we had a really bad Spring for getting material out, we got 28 inches of snow in April and lost acreage for applying our biosolids to in early March. So we didn’t get completely empty during Spring. We had a haul in the Summer and this Fall we were ready to go but the farmers couldn’t get the crops off the field and as of yesterday there is still corn on those fields.

Joel said this is why we are doing the WWTP project to avoid this exact thing from happening.

B.O.D. (4 average ppm), Phosphorus (.303 average ppm) and Suspended Solid (4.99 average ppm) limits were met for the month of November 2018.

V. STORMWATER/CAN OPERATIONS

40

8. Report on Stormwater/CAN operations.

The stormwater operations report for November was reviewed by the Commission.

Joel said we will have our first CAN customer Mid-State and then we will be bidding out a project next year to respond to the school district’s request for extending our fiber to their buildings.

VI. DIRECTOR’S REPORT

9. Verbal report & update on current projects.

Joel said we will be going live with our new billing software Starnik soon.

The next Water & Sewerage Commission meeting will be on Monday, January 14, 2019 at noon.

VII. ADJOURNMENT

Motion made by Ray Schmidt to adjourn the meeting.

Ayes all. Nays none. Motion carried.

MEETING ADJOURNED 12:58 pm

BOARD OF WATER AND SEWERAGE COMMISSIONERS

CARL RASMUSSEN, SECRETARY

41

City of Stevens Point Airport Commission Monday, December 10, 2018 12:30 P.M.

MINUTES

PRESENT: Paul Adamski, Carl Rasmussen, Anna Haines and Ray Schmidt.

ALSO PRESENT: Joel Lemke, Rob Molski, Mary Klesmith, Chris Lefebvre, Eric Southworth, and Jaime Zdroik

EXCUSED ABSENCE: Mae Nachman

Index Page

I. ADMINISTRATION

1. Approval of minutes of the November 12, 2018 meeting. 2

II. ACCOUNTING

2. Discussion and possible action on approval of department claims. 2

III. AIRPORT MANAGERS REPORT

3. Written report provided. 2

4. Verbal report. 2

IV. ADJOURNMENT 3

42

I. ADMINISTRATION

1. Approval of minutes of the November 12, 2018 meeting.

Motion made by Carl Rasmussen, seconded by Ray Schmidt to approve the minutes of the November 12, 2018 Airport Commission meeting.

Ayes all. Nays none. Motion carried.

II. ACCOUNTING

2. Discussion and possible action on approval of department claims.

AIRPORT

Paul Adamski presented the statement of claims for the November. The balance as of November 1, 2018 was $311,267.69. The bank deposits recorded in November 2018 were $52,557.09. Checks issued in November 2018 numbered 1917 through 1930 were in the amount of $69,776.77. The net balance on hand November 30, 2018 was $294,048.01.

Motion made by Carl Rasmussen, seconded by Anna Haines to approve the department claims for the month November as audited and read.

Ayes all. Nays none. Motion carried.

III. AIRPORT MANAGERS REPORT

3. Written report provided.

Jason stated there was a seamless transition to the snow removal operations for the season due to the excellent service provided by the Stormwater crew to the Airport. A one-year lease extension for the Spirit 1 operation was successfully executed allowing for the construction of a permanent hangar facility.

Anna asked why a 2019 Capital Operations & Maintenance Plan was not provided to the Commission for the Airport. Joel explained it was not provided because we were not granted any capital by the City this year, so our efforts for 2019 are carry over from 2018 and has already been approved.

4. Verbal report.

See Item 3.

43 The next Airport Commission meeting will be on Monday, January 14, 2019 immediately following the Board of Water & Sewerage Commission meeting.

IV. ADJOURNMENT

Motion made by Ray Schmidt to adjourn the meeting.

Ayes all. Nays none. Motion carried.

MEETING ADJOURNED 1:01pm

AIRPORT COMMISSION

CARL RASMUSSEN, SECRETARY

44

CITY OF STEVENS POINT TRANSPORTATION COMMISSION MEETING MINUTES December 10, 2018 4:45 p.m.

The meeting was called to order at 4:45 p.m.

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

Others present: Aaron Peterson, Susan Lemke

1. Approval of the November 12, 2018 Transportation Commission minutes. Fred Hopfensperger moved to approve the minutes of the November 12, 2018 Transportation Commission meeting. Karalyn Peterson seconded. Ayes all; Nays none; Motion carried.

2. Approval of the November 2018 financial/claims report. Tom Bertram moved to approve the November 2018 financial/claims report. Karalyn Peterson seconded. Ayes all; Nays none; Motion carried.

3. Manager’s report. One vacancy in the department remains. There is an opening for a Bus Operator for the Late Night Bus service.

Gillig bus sent the final bus manufacturing schedule, the first bus is expected to go on the manufacturing line on 1/4/19, the bus #2 on 1/11/19, the 3rd on 1/14/19, the 4th on 1/15/19, and the 5th bus on 1/16/19. The goal is to have the new buses serving the community by the end of February 2019.

4. Next meeting date. January 14, 2019 at 4:45 p.m.

5. Adjourn. The meeting was adjourned at 5:03 p.m.

45 CITY OF STEVENS POINT

BOARD OF PUBLIC WORKS MEETING Monday, December 10, 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), Jeremy Slowinski(6th), Mary Kneebone(7th), Mary McComb(9th) and Shaun Morrow(11th).

ALSO PRESENT: DIRECTORS: Tom Schrader – Parks & Recreation, Joel Lemke – Public Utilities & Transportation and Michael Ostrowski – Inspection & Development. OTHER CITY STAFF MEMBERS: Chief Bob Finn, City Attorney Andrew Beveridge, City Clerk Paul Piotrowski. ALDERPERSONS: David Shorr(2nd), Cindy Nebel(3rd), Heidi Oberstadt(4th), Meleesa Johnson(5th), Cathy Dugan(8th), and Mike Phillips(10th). OTHERS PRESENT: Brandi Makuski – Stevens Point Metro Wire, Mary Ann Laszewski – 1209 Wisconsin Street, Brian Beaulien – 2132 Elk Street and Julie Maiers, Drew Petersen, Joshua Wornell with TDS Metro.

Chairperson Mayor Wiza called to order the Board of Public Works meeting at 6:19 p.m. The meeting was held on Monday, December 10, 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.

Director Beduhn stated he had nothing to add to his report.

Alderperson McComb pointed out that the Public Works Department won the 2018 Local Government Asphalt Award from the Wisconsin Asphalt Pavement Association which; she added, should help us with some grants. Alderperson McComb asked Director Beduhn to elaborate on why we won the award.

Director Beduhn explained that the reason the City was nominated for this award was due to the asphalt approach we selected for the roundabout project. There are some new technologies in the asphalt including new binders and overall innovative design for asphalt. The bids were lower than using concrete and it is supposed to have the same life span as concrete. He added that not a lot of other communities are using it yet.

Alderperson Dugan, District 8 had a couple comments regarding items that are in her district. First, she is pleased that we are moving forward with the 2020 Sidewalk Continuation Project around the Washington School are. She is also happy that we will be reviewing and moving forward with the Stanley Street Improvement Project this winter.

46

Alderperson Jennings moved to approve the Director’s Report and place it on file; seconded by Alderperson McComb.

Ayes all; nays none; motion carried.

2. To accept the Ordinance Amendment in Section 9.02(j) for the creation of No Parking Here to Corner on Phillips Street at the intersection of Briggs Street.

Director Beduhn explained that this is to reflect the changes that were made around the kiosk parking area in order to provide better visibility at this intersection.

Alderperson Slowinski moved approval of the Ordinance Amendment as stated; seconded by Alderperson Morrow.

Mayor Wiza added that he received some feedback regarding emergency services and their ability to make the corner at Philips and Portage. If it continues to be a problem, note that we may have an additional no parking ordinance at that intersection as well.

Ayes all; nays none; motion carried.

3. To award the bid for the Willett Ice Arena Improvements – Ice System Replacement to J. H. Findorff & Sons, Inc. in the amount not to exceed $1,564,200.00.

Director Beduhn explained that there were three qualified bids submitted and all the bids are well within the budget. Our recommendation is to award the bid to J.H. Findorff & Sons, Inc.

Alderperson Kneebone asked what the timeline is for both Willett Projects to which Director Schrader said that the contractor will start right after the ice show on April 2nd and it is expected to be completed by Labor Day.

Alderperson Morrow added that with all the activities that go on there that create revenue, it is good that we are able to keep the Willett Arena going.

Alderperson Kneebone moved to award the bid to J.H. Findorff & Sons, Inc. in the amount not to exceed $1,564,200.00; seconded by Alderperson Morrow.

Ayes all; nays none; motion carried.

4. To award the bid for the Willett Ice Arena Improvements – Press Box Expansion to Eagle Construction Company in the amount not to exceed $54,835.00.

Director Beduhn explained that the projects were broken up based upon the scope of the work. Because the compressor in the rink floor is more of a specialty project and is significantly different than the press box project; which is more of a general project, it seemed more appropriate to split these two bids apart.

47 Alderperson Nebel asked if Director Schrader could explain what this project entails and why it is necessary to which Director Schrader explained that the press box needs expansion due to the size of the games and activities that take place there as well as adding in the capability for internet and other things for radio stations and TV stations.

Alderperson Morrow moved to award the Press Box Expansion Project to Eagle Construction Company in the amount not to exceed $54,835.00; seconded by Alderperson McComb.

Ayes all; nays none; motion carried.

5. ADJOURNMENT: Chairperson Mayor Wiza adjourned the December 10, 2018 Board of Public Works Meeting at 6:34 p.m.

48 CITY OF STEVENS POINT PUBLIC PROTECTION COMMITTEE AGENDA Monday, December 10, 2018 – 6:00 P.M. Police Department, 933 Michigan Avenue

Present: Ald. Nebel (6:03), Oberstadt, Kneebone, Dugan, Phillips.

Also Present: Mayor Wiza; C/T Ladick; City Clerk Piotrowski; Alderpersons Johnson, Slowinski, McComb, and Morrow; Directors Schrader, Beduhn, and Ostrowski; Chief Finn; Daniel Jackson; Brian Beaulieu; Jenna Flynn; Joshua Worrell; Andrew Peterson; Julie Maiers; Joe Bachman – Portage County Gazette; Taylor Hale – Portage County Gazette; Brandi Makuski – Metro Wire.

Discussion and Possible Action on the Following:

1. Appeal of notice/service charge for property maintenance violation: A. 464 West Karner St.

Ald. Oberstadt asked if the appellant was present, as no one responded she asked if anyone had questions for the Director.

Ald. Phillips moved, Ald. Dugan seconded, to deny the appeal.

Call for the vote: ayes, all; nays, none; motion carried.

B. 5101 Coye Dr.

Daniel Jackson, 3031 Saratoga Street, Wisconsin Rapids, said Eagle Construction has done a lot of business in the City of Stevens Point and said this was the first time they started work without a permit and is hoping for some leniency. He said he misread an email and thought his architect was submitting the application for the permit. Mr. Jackson said he received an email from Ximena saying he started work without a permit and got the permit and paid all the fees within two hours.

Ald. Kneebone said she empathizes with the fee and said she just paid a double fine for doing work without a permit. She said the plumber did not pull a permit and did not tell her she needed to pull a permit until a month later.

Ald. Kneebone moved, Ald. Nebel seconded, to deny the claim.

Call for the vote: ayes, all; nays, none; motion carried.

2. License List: A. New Operators (Bartenders) Licenses. B. Provisional Managers License.

49 Ald. Phillips moved, Ald. Kneebone seconded, to approve the license list both A and B.

Call for the vote: ayes, all; nays, none; motion carried.

3. Temporary Class “B” / Class “B” License (Picnic) A. Boys and Girls Club of Portage County, 941 Michigan Avenue, Stevens Point for Taste of Wine and Cheese on Friday April 5, 2019 at Noel Hangar, 4501 Highway 66. License Operator on premise: Jeff Tewes. (beer and Wine). B. Bill Cook Chapter – IWL, P O Box 582, Stevens Point for the 55th Annual Winter Jamboree on Saturday February 2nd, 2019 on property at 4001 Patch Street along McDill Pond. Licensed operator on premise: Tracy Raatz. (Beer Only).

Ald. Nebel verified with Chief Skibba that he does not have any issues with the events.

Chief Skibba said annual events usually run smoothly and he does not have any issues with them.

Ald. Dugan moved, Ald. Nebel seconded, to approve both of the Temporary Class “B” Picnic Licenses.

Call for the vote: ayes, all; nays, none; motion carried.

4. Class “B” Fermented Malt Beverage License A. Mai Nhia Vang, for Mama Mia’s Noodles. 2824 Stanley Street Unit A, for a license period beginning December 18th, 2018.

Ald. Phillips asked if it is a new restaurant.

Mayor Wiza replied yes and said it is in the former Marvin’s building.

Ald. Phillips moved, Ald. Dugan seconded, to approve the Class “B” fermented malt beverage license for Mama Mia’s Noodles.

Call for the vote: ayes, all; nays, none; motion carried.

5. Pawnbroker/Secondhand Jewelry Dealer (Renewal): A. Grubba Jewelers Inc, 949 Main Street, Stevens Point, Mark and Charles Grubba, owners. B. E-Ways Sales LLC, 3296 Church Street, Stevens Point, Jonathon Ruder, owner.

Ald. Dugan asked if E-Ways Sales LLC is a new business.

Mayor Wiza said E-Ways Sales has been in the City for a couple of years and said they are in the former Hollywood Video store building.

Ald. Nebel moved, to approve both Pawnbroker/Secondhand Jewelry Dealer license for Grubba’s and E-Ways.

50 Call for the vote: ayes, all; nays, none; motion carried.

6. Ordinance Amendment – 30.06 (g) RMC Numbering of Houses and Buildings.

Attorney Beveridge said this is a request from the Fire Department to require numbering of units on the back doors of strip mall structures to better identify which unit they are responding to.

Ald. Phillips moved, Ald. Kneebone seconded to approve the ordinance amendment for section 30.06 (g) of the RMC for numbering of houses and buildings.

Dir. Ostrowski said there is going to be one amendment that will put forth at Council in regards to subsection 4. He said the numbering does not need to be on the mailbox if the mailbox is affixed to the home.

Call for the vote: ayes, all; nays, none; motion carried.

7. Ordinance Amendment – 24.27 City Ordinance and Bond Schedule.

Attorney Beveridge said this would create subsection 3 to authorize Community Service Officers (CSO) to issue citations for additional ordinance violations. He said this would put the City in-line with other surrounding communities.

Ald. Dugan asked if Chief Skibba could explain what a CSO is and how they help the department.

Chief Skibba said this is a part-time civilian position that mainly deals with parking enforcement. He said as the CSOs are traveling through the community and see different violations that with having shorter staffing on the sworn personnel the issues can be taken care of in a timely manner.

Ald. Nebel said she spoke with Dir. Ostrowski and said there will be more information and additional items coming to section number 3.

Ald. Kneebone moved, Ald. Nebel, seconded, to approve the ordinance amendment in regards to Section 24.27 for the City Ordinance and Bond Schedule.

Call for the vote: ayes, all; nays, none; motion carried.

8. Ordinance Amendment – 24.56 Possession of Vapor Products by Minors.

Attorney Beveridge said there is already an ordinance that prohibits use of nicotine products at school and the possession or furnishing nicotine products to minors. He said the amendment widens the items prohibited to include vapor products. Attorney Beveridge said this is primarily going to be used in the school context.

Ald. Dugan said there are some vaping products that do not have nicotine in them and asked Attorney Beveridge if this would prevent all vaping products.

51

Attorney Beveridge replied yes, and said there is not a way to test the products at the school to see if they have nicotine in them.

Ald. Phillips moved, Ald. Dugan seconded, to approve the ordinance amendment 24.56.

Call for the vote: ayes, all; nays, none; motion carried.

9. Adjournment.

Adjourned at 6:17 p.m.

52 FINANCE COMMITTEE DECEMBER 10, 2018 AT 6:30 P.M. POLICE DEPARTMENT – 933 MICHIGAN AVENUE

PRESENT: Ald. Phillips, Slowinski, Shorr, Morrow, and Johnson ALSO PRESENT: C/T Ladick; Mayor Wiza; City Attorney Beveridge; Clerk Piotrowski; Director Schrader, Ostrowski, Lemke, Beduhn; Fire Chief Finn; Deputy C/T Freeberg; Ald. Kneebone, McComb, Oberstadt, Dugan, Jennings, and Nebel; Mary Ann Laszewski; Brandi Makuski; Taylor Hale; Alan Hovorka; Brian Beaulieu; Josh Hatron; Joshua Worrell; Drew Peterson; Julie Maiers

ITEM #1 – AUTHORIZING THE FIRE DEPARTMENT TO APPLY FOR A GRANT FOR FUNDING OF NEW POSITIONS.

Chief Finn stated that the Fire Department is seeking to obtain a FEMA SAFER (Staffing for Adequate Fire and Emergency Response) grant. They are pursuing the grant to address staffing levels for safer scene operations by increasing the number of personnel. The days of when they could rely on neighboring volunteer departments have declined due to a decline in volunteers. He stated that their request would be for three additional firefighters, which would be one per shift. This would allow them to be closer to meeting the NFPA 1710 guidelines and would contribute towards the Insurance Service Office (ISO) improvement to a level One. The grant details will not be posted until 12/12/18, but last year the grant allowed for 75% of the actual cost incurred in the first two years and 35% for the third year. This would put them on the payroll for 2020.

Ald. Slowinski stated concern regarding affording all three firefighters when the grant runs out. He realizes that there have already been discussions about hiring one firefighter in 2020, then another in both 2021 and 2022, but this would be putting them on the payroll sooner. He wants to assure that we have a long-term plan so that if this does move forward we do not have to lay these people off when the grant runs out.

C/T Ladick stated we have a pretty good idea on how our 2020 budget will look, because it is based on what was constructed in 2018, so he feels good about implementing phase 1 of the overall plan as far as adding personnel. As far as phases 2 and 3, that is harder to make guarantees with. The plan was designed in phases because we do not know what is going to happen in the future. He stated he feels good about the first two years, with only the 25% match from the City, but going forward, he cannot make any guarantees.

Ald. Phillips stated he thought that with the creation of the Metro, it was going to help with overtime and staffing levels. He stated he would assume then that by hiring these three people, that in a few years, our overtime budget would be eliminated. Chief Finn stated that the intent of Metro was never to cut overtime but rather, help with additional personnel at the scene so they can go into a burning building faster due to the number of personnel on-scene and be within NFPA standards.

Motion made by Ald. Johnson, seconded by Ald. Morrow, to authorize the Fire Department to apply for the grant to fund new positions.

Ald. Slowinski stated he is for taking advantage of the grant, but all departments are requesting new employees and his fear is that in three years, we will not be able to continue the positions.

Ald. Johnson stated she shares Ald. Slowinski’s concern but stated that if we do not have enough volunteers coming in to assist fighting fires and run the equipment, this needs to be done for the safety of the firefighters and the public. She stated that budgeting is a challenge and realizes that it will need to get figured out down the road.

Chief Finn stated that if the City adopted the current plan, that was brought forward by the department heads, and had the funds to go through that whole plan, we would have three

53 firefighters in the 4th year. With the grant, we are getting three for the price of 3/4s for the first two years. Ald. Slowinski stated he does understand that, but it is a commitment that we would have to stick with. Chief Finn stated he realizes that if it is found that the funding is only 25%, 25% and 30%, the funding would not be feasible for the City. He stated they will have the funding percentages by Council next Monday.

Chief Finn stated this is just a request to apply for the grant, if we find we cannot go with the parameters of the grant, we can opt to not apply for the grant or turn the grant down if we get it.

Ald. Slowinski questioned if we had to hire three with the grant or if we could hire two. Chief Finn replied that with three shifts, it will make each of them a shift of 14, otherwise we would have uneven shifts.

Mayor Wiza stated that it is not required to hire three people, but because we have three crews, it would make sense to add one to each crew so they had an even number.

C/T Ladick stated that we do not have the final percentages as to what the grant will be, we expect to have that for the Council meeting. This would just be the recommendation to the Council so if it came back that the percentages are different than what we expect, it can be denied at Council.

Ald. Slowinski stated he is not going to support it, just because he feels like it is not fair to the rest of the departments and he has sat through a lot of meetings where a position is discussed and approved and then there is a struggle as to how to pay for it and he does not want to do that again.

Ayes: Ald. Morrow, Johnson, and Shorr Nays: Ald. Phillips and Slowinski Motion carried.

ITEM #2 – DEVELOPMENT AGREEMENT WITH GENERAL CAPITAL ACQUISITIONS, LLC. FOR THE CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT AT 1443 WATER STREET AND 1447 WATER STREET.

Director Ostrowski stated this is for the senior apartment building in parking lot #1, which is south of the former American Legion building. It is a municipal parking lot that is not heavily used. We would create TIF District #10 to provide a development incentive of $2 million, which would be released at certain stages of the project, 75% of completion and 100% completion. The value associated with the project would go back to pay down that TIF debt, so basically, the project would pay for the balance of the bonds over a 20-25 year period. We would sell the property for $1 and then the developer would acquire the property from the City and also another property that is privately owned. They would construct the 88 unit, senior housing building, starting no later than January 1, 2020 with completion by March 15, 2021. The minimum value would be $6,350,000. Typically, a development would be closer to the construction value, but with affordable housing developments, that is not the case. The construction of this development would be near $18,000,000 but with affordable housing, the taxing of the tax credits makes the value lower. The developer would be providing a personal guarantee which would be reviewed by our Attorney and/or financial consultant to certify that the individual would be able to repay this should something happen.

Ald. Shorr questioned when we would find out about the tax credits. Director Ostrowski stated the application would be due in January and the awards would be released in the spring of 2019.

Motion made by Ald. Shorr, seconded by Ald. Johnson, to approve the development agreement with General Capital Acquisitions, LLC. for the construction of a residential development at 1443 Water Street and 1447 Water Street.

Ayes: All Nays: None Motion carried.

54 ITEM #3 – WRITE-OFF UNCOLLECTIBLE PERSONAL PROPERTY TAXES AND ACCOUNTS RECEIVABLE.

C/T Ladick stated writing these off does not mean that we cannot still collect of them, it just means that we will no longer report these as an asset and that we are booking an expense, based on it being doubtful that we can collect on them.

Motion made by Ald. Slowinski, seconded by Ald. Morrow, to approve writing off the uncollectible personal property taxes and accounts receivable as presented.

Ayes: All Nays: None Motion carried.

ITEM #4 – APPROVAL OF CLAIMS PAID.

Motion made by Ald. Johnson, seconded by Ald. Morrow, to approve the claims paid in the amount of $3,224,239.26.

Ayes: All Nays: None Motion carried.

ITEM #5 – ADJOURN INTO CLOSED SESSION (APPROXIMATELY 6:50 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 RELATING TO A POSSIBLE PROJECT IN EITHER TIF DISTRICT 8 OR TIF DISTRICT 9. B. DEVELOPMENT AGREEMENT WITH TDS METRO FOR EXTENSION OF COMMERCIAL FIBER OPTIC NETWORK.

Motion made by Ald. Slowinski, seconded by Ald. Morrow, to approve adjourning into closed session at 6:59 P.M.

Roll call: Ayes: Ald. Phillips, Slowinski, Morrow, Shorr, and Johnson Nays: None Motion carried.

ITEM #6 – RECONVENE INTO OPEN SESSION (APPROXIMATELY 7:20 P.M.) FOR POSSIBLE ACTION ON THE ABOVE REFERENCED CLOSED SESSION ITEMS.

Motion made by Ald. Shorr, seconded by Ald. Morrow, to reconvene into open session at 8:14 P.M.

Roll call: Ayes: Ald. Phillips, Slowinski, Morrow, and Shorr Excused: Ald. Johnson Nays: None Motion carried.

B. DEVELOPMENT AGREEMENT WITH TDS METRO FOR EXTENSION OF COMMERCIAL FIBER OPTIC NETWORK.

Motion made by Ald. Shorr, seconded by Ald. Slowinski, to authorize City staff to negotiate terms of the development agreement with TDS as discussed in closed session.

Ayes: All Nays: None Motion carried.

Adjournment at 8:16 P.M.

55 COMPTROLLER-TREASURER REPORT for the period ending October 31, 2018

Bal October 1, 2018 Receipts Disbursements Bal October 31, 2018

GENERAL OPERATING CASH $1,090,521.54 $3,908,438.17 $3,951,896.02 $1,047,063.69

WATER & SEWER (CASH & INVEST) $13,054,172.21 $2,766,125.78 $4,947,524.17 $10,872,773.82 ( includes airport, transit , stormwater)

INVESTMENTS Bal October 1, 2018 TRANSFER IN TRANSFER OUT Bal October 31, 2018

GENERAL $22,339,972.19 $1,105,218.16 $830,000.00 $22,615,190.35

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

DEBT SERVICE $28,517.34 $326.40 $0.84 $28,842.90

CAPITAL PROJECTS $4,800,285.72 $25,057.54 $0.00 $4,825,343.26

ENTERPRISE $0.00 $0.00 $0.00 $0.00

TRUST $2,542,536.05 $0.00 $0.00 $2,542,536.05

TOTALS $30,408,044.20 $1,130,602.10 $830,000.84 $30,708,645.46

EXPENDITURES: BUDGET YTD % REVENUES BUDGET YTD %

GENERAL GOVT $3,557,424.00 $2,903,382.76 81.61% GENERAL $23,183,485.00 $19,246,159.88 83.02% POLICE $5,402,638.00 $4,395,352.08 81.36% FIRE $5,163,362.00 $4,023,819.13 77.93% PUBLIC WORKS $5,817,208.00 $4,132,984.16 71.05% PARK & REC $1,875,153.00 $1,564,818.09 83.45% CAPITAL PROJECTS $745,700.00 $376,771.65 50.53% DEBT SERVICE $7,921,054.00 $7,599,010.68 95.93%

YTD TARGET 83.33%

56 57 58 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 17th day of December, 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 REPLACEMENT OF NON-STANDARD WATER SERVICES - PROJECT # 18- 01.

1) All property fronting upon both sides of ISADORE STREET from its intersection with Portage Street to its intersection with Maria Drive.

B. FOR REPLACEMENT OF NON-STANDARD SANITARY SEWER LATERALS - PROJECT # 18-01.

1) All property fronting upon both sides of ISADORE STREET from its intersection with Portage Street to its intersection with Maria Drive.

C. FOR INSTALLATION OF STORM SEWER LATERALS AND REPLACEMENT OF EXISTING NON-STANDARD STORM SEWER LATERALS - PROJECT # 18-01.

1) All property fronting upon both sides of ISADORE STREET from its intersection with Portage Street to its intersection with Maria Drive.

; 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.

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.

59

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: ______Paul Piotrowski, City Clerk

Dated: November 12, 2018 Adopted: December 17, 2018 Published: December 21, 2018

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

[REZONING – 3313 & 3319 EAST MARIA DRIVE AND AN UNADDRESSED PARCEL ON HARMONY LANE (PARCEL ID’S: 281240828410002 & 281240828410003) FROM “R-LD” RESIDENTIAL LOW DENSITY DISTRICT TO “R-5” MULTIPLE FAMILY II RESIDENCE DISTRICT]

The Common Council of the City of Stevens Point, Portage County, Wisconsin, do ordain as follows:

SECTION I: That the Chapter 23: Zoning Ordinance of the Revised Municipal Code of the City of Stevens Point, and the official Zoning Map, shall be amended to reclassify 3313 and 3319 East Maria Drive (Parcel ID: 281240828410002), described as PT NESE:COM 690'W OF NE/C,S125',W125',N125', E125, EX ROAD ON N S28 T24 R8-13.4 .36A 721049, and an unaddressed property on Harmony Lane (Parcel ID 281240828410003), described as W162'OF E852' OF S125' OF N250' OF NE SE S28 T24 R8-13.9 .47A 721049, both within the City of Stevens Point, Portage County, Wisconsin, from “RLD” Residential Low Density District to "R-5" Multiple Family II Residence District. Location Map

SECTION II: That this ordinance shall take effect upon passage and publication.

Approved: Mike Wiza, Mayor

Attest: Paul Piotrowski, City Clerk

Dated: December 7, 2018

Adopted: December 17, 2018 61

RESOLUTION

[Conditional Use Permit – 1617 Scholfield Avenue – Deviation from setbacks within B-TID5]

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 1617 Scholfield Avenue (Parcel ID 281240829130024), and described as LOT 1 CSM#1545-6-3 BNG PRT LOTS 5 & 6 ASSESSOR PLAT #4 S29 T24 R8 794315, City of Stevens Point, Portage County, Wisconsin, is hereby granted a Conditional Use Permit to deviate from the setbacks within the B-TID5 district, as proposed on the attached plans, subject to the following conditions: 1. Additional windows shall be added between the windows and doors along the east façade. An updated rendering shall be submitted showing the added window features, to be reviewed and approved by the Community Development Department.

2. The development shall meet applicable Utility and Stormwater requirements, as well as any other jurisdictional requirements (i.e. WDNR). The utility department shall review and approve plans.

3. An updated landscaping plan shall be submitted, meeting all applicable requirements, to be reviewed and approved by the Community Development Department.

4. Landscaping shall be installed around the refuse enclosure to provide additional screening. 5. A minimum of four additional trees shall be installed on the east side of the property. 6. Two benches shall be spaced evenly apart along the Division Street sidewalk adjacent to the development site.

7. Applicable permits shall be obtained for the development. 8. Minor modifications to the plan may be approved by staff.

Such approval constitutes a Conditional Use under the City’s ordinances.

Approved: Mike Wiza, Mayor

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Attest: Paul Piotrowski, City Clerk

Dated: December 7, 2018 Adopted: December 17, 2018

Return to: City Clerk

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72

RESOLUTION

[Conditional Use Permit – 1616 Academy Avenue – Deviation from setbacks within B-TID5]

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 1616 Academy Avenue (Parcel ID 281240829130022), and described as LOT 6 ASSESSOR'S PLAT #4 EX N 289' BNG PRT SWNE S29 T24 R8 768148 793172, City of Stevens Point, Portage County, Wisconsin, is hereby granted a Conditional Use Permit to deviate from the setbacks within the B-TID5 district, as proposed on the attached plans, subject to the following conditions: 1. A window feature shall be added next to the service door on the east façade, to assist in breaking up the monotony. An updated rendering shall be submitted showing the added features, to be reviewed and approved by the Community Development Department.

2. The walk in cooler and storage area on the north side of the building shall match the proportions of the building, including height, and the façade materials found on the building. Updated elevations and renderings shall be submitted to be reviewed and approved by the Community Development Department.

3. The development shall meet applicable Utility and Stormwater requirements, as well as any other jurisdictional requirements (i.e. WDNR). The utility department shall review and approve plans.

4. An updated landscaping plan shall be submitted, meeting all applicable requirements, to be reviewed and approved by the Community Development Department.

5. Details regarding the refuse enclosure shall be submitted for review and approval by the Community Development Department and the construction materials of the enclosure shall match those found on the building.

6. Landscaping shall be installed around the refuse enclosure to provide additional screening. 7. Landscaping shall be installed around the outdoor patio. 8. Twice as many trees as required shall be installed along the east (Division Street) side of the property.

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73 9. A lighting plan shall be submitted for review and approval by the Community Development Department.

10. Two benches shall be spaced evenly apart along the Division Street sidewalk adjacent to the development site.

11. Applicable permits shall be obtained for the development. 12. Minor modifications to the plan may be approved by staff.

Such approval constitutes a Conditional Use under the City’s ordinances.

Approved: Mike Wiza, Mayor

Attest: Paul Piotrowski, City Clerk

Dated: December 7, 2018 Adopted: December 17, 2018

Return to: City Clerk

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RESOLUTION

East Park Commerce Center Concept Plan

RESOLVED by the Common Council of the City of Stevens Point, Wisconsin that the Planned Industrial Development Concept Plan for East Park Commerce Center is to be amended to read as follows:

Part 1: Intent

This document is intended to serve as the conceptual project plan for the East Park Commerce Center Planned Industrial Development Zoning District.

Part 2: Revision(s)

1. A planned multi-use path and shared lane markings shall be installed within the right-of-way on all streets within the East Park Commerce Center in lieu of the construction of sidewalks. This includes parcels on E. M. Copps Drive between the East Park Commerce Center and Brilowski Road. City staff shall have the authority to determine the location and specific design details for the multi-use path and shared lane markings.

Attachments:

A. Conceptual Development Plan

Adopted: August 19, 2013 Revised: December 17, 2018

82

Attachment A: Conceptual Project Plan

83 Apprcved by the V\,lsconsin Real Eslate Examining Board Page 1 or 7, W8'24 10-1- 12 (Optional Use Oare) 01-1-13 (Mandalory Use Osle) WB-24 OPTION TO PURCHASE

1 LICENSEE DRAFTING THIS OPTION ON October 26, 2018 EI IS (AGENT OF BUYER) 2 (AGENT OF SELLER/LISTING BROKER) (AGENT OF BUYER AND SELLER) RIKE TH 3 Tte Seller (Optionor), Elodin Holdinqs hereby grants to 4 he Buyer (optionee), Citv of Stevens Point parcelwith the legal description as indicated on the 5 an option to purdrase (option $e Property known as iStreet Addressl Unaddressed 6 attached Exhib it A - Leoa Descript,on, and idenlified as Parcel Number 281-24-083220 in the City z of Stevens Point , County ol Portaqe , Wsconsin, on the following tems: all 8 trl*lrl!lll 1.1 ildil:l Ilarll.Illtrl\!l This Option is void unless a copy of the Qplion, or separate but identical copies, is/are signed by e Sellers and delivered to Buyer on or before Nove mber 20, 2019 (Time is of the Essence) ,O EEIEE]EilE N/A ,r r lNlTlAL OPTION TERM: A nonrefundable option fee of $ 0 willbe paid by Buyerto Seller within days i2 of helaterof: (i)the granting of this Option, or (ii) tre deadline for executbn ofa lease if-linel41 of this Option is checked. This Option may onty be 31, 13 exercised if Bui;r del ers wril-tten notice to Seller;o later lhan midnight January 20'19 unless extended below. u r EXTENDED OPTION TERlvt: The Deadline to exerdse this Option shall be extended until midn€ht N/A , upon 15 oavment of $ to Seller on or before . as an option re extension fee vfiich shall not be refundable. rz r EXERCISE: To exercise this option, Buyer must sign and delive(ffhe notice al lines 355-361, or (ii) any other written notice r/hich slates that N/A 18 Buyer exercises this option, lf the Option is exercised, $ of the odion fee and $ of the 1e option extension fee, if any, shallbe a credit againstthe purchase plice at closing ,o iAUtlON' lf the oplion fees are to be paid into listing brokeCs trust account orto a third party, specity in additional provisions at lines 256'268 21 or 326.330 or in a separate agr€ement attached per line 325' purchase: 22 I I I il't, LLtI:lli{llil$t lf this Option is exercjsed per he tems of this Option, the following shall be the terms of z: r PURCHASE PRI -thousand Dollars paid unless provided belc,w, 2a ($ 20,000.00 ) will be in cash or equivalent at closing otheMise zs r INCLUDED lN PURCHASE PRICE: Seller is including in the purchase price the Property, all Fixtures on the Property on the date of this option ze not excluded at lines 28"29, and the following additional items: N/A 27 :a r NOT INCLUDED lN PURCHASE PRICE: 29 30 CAUTION: tdentify trade fixtures owned by tenant, if applicable, and Fixtures that are on the Property (see lines 75-82)to be excluded by 31 Seller or which are rented and $rill continue to be owned by the lessor. 32 NOTE: The terms of this Option, not the liBting contract or marketing materials, determine whatltems are included/excluded ,. ieRtrS Or rnrs OFION THAT ARE PRECEDED BY AN oPEN Box ( n ) ARE PART 0f THls oPTloN oNLY lF EEIEMIEEUE|EEI ,X., .o iEEbTIS MA-R?-EOSUCH As WTH AN THEY ARE NoT PART OF THIS OPTION IF I\,4ARKEO "N/A, OR ARE IEFT BLANK, ,{t[i til'l.]l ,'tf,t:t rli'lill luItrlItrl+j Unless otherwise- stated in lhis option, delivery of documents and written notices to a 36 party shall be effective only when accomplished by one of the methods specified at lines 37-54. ai line 38 or 39. sr (1) P9IgglalDglilglt: giving the document or written notic€ personally to the Party, or the Party's recipient for deiivery if named 3s Selleis recipient lor delivery (optional): Patrick Roth fuss 3e Buye/s recipie nt for delivery (optional): Paul Piotrowski, City Clerk oo [--l121 Fax: fax transmission of the docu ment or written notice to the following telephone number: rr Seller: Buyerl ) 42 (3) Commercial Deliverv: depositing the document or written notice fees prepaid or charged to an account with a commercial delivery at 43 service, addressed either to the Party, or t0 the Party's recipient for delivery if named at line 38 or 39, for delivery to the Party's delivery address + line 47 or 48, postage prepaid Mail, addressed either to the Party, or to the Party's 45 IX U9-[4a|l: depositing the document or written notice in the U.S. 46 P.r

48 lf is a 49 line 53 or 54. this 50 51 electronically to use s2 electronic signatures in the transaction, as required by federal law s: E-Mail address for Seller (optional) 54 E-[4ail address for Buyer (optional): (3) grant of this 55 Fi iEI-56FTHEES5E[EE,time is 0l the Essence" as to: (1) payment of on fees of extension fees; Seller's APPLICABL and all other dates and Deadlines in this 56 option; {4) Buyer's exercise ol this Option; (5) occupancy: (6) date of closing; RIKE AS 'Time 57 0ption except: . lf is of the Essence" applies to a date 5E to a date or Deadli ne, failure to perform by the exact date or Deadline is a breach of contract. lf "Time is of the Essence' does not apply 59 or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs constitutes personal delivery 60 Em{t[H!1.]+NEffi lflt{fl Lllilltdlllr Personal delivery to, or Actual Receipl by, any named Buyer or Seller 61 to, or Actual Receipt by, all Buyers or Sellers.

84 ,rm Page2olT,WB-24 63 r AeIUAt_EEeElE[: "Actual Receipt' means that a Party, not the Parly's recipient for delivery, if any, has the document or written notice 64 physically in the Party's possession, regardless of the method of delivery. 6s I qEADILNES: 'Deadlines' expressed as a number 0f'days" from an event, such as acceptance, are calculated by excluding the day the event 66 occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. Deadlines expressed as a specific number 67 of 'business days" exclude Saturdays, Sundays, any legal public holiday under lMsconsin or Federal law, and any other day designated by the 68 President such that the postal service does not receive registered mail or make regular deliveries on that day. Deadlines expressed as a specific os number of 'hours' from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by counting 24 70 hours per calendar day. Deadlines expressed as a specilic day of the calendar year or as the day of a specific event, such as closing, expire at 71 midnight of that day. ze r DEFECT: "Defect" means a condition that would have a signillcant adverse effect 0n the value of the Propertyi that would significantly impair 73 the health or safety of future occupants 0f the Property; or that if not repaired, removed or replaced would significantly shorten or adversely affect 7a the expected normal life ol the premises or adversely affect the use of the Property. zs r FIXTURE: A "Fixture" is an item of property which is physically attached to or so closely associated with land or lmprovements so as to be 76 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage to the premises, zz items specifically adapted to the premises and items customarily treated as fixtures, including, but not limited to, all: garden bulbs; plants; shrubs ze and trees; screen and storm doors and windows; electric lighting fixtures; window shades; curtain and traverse rods; blinds and shutters; central zs heating and cooling units and attached equipment, water heaters and featment systemsi sump pumps; attached 0r l]tted floor coverings; awnings; eo attached antennas; garage door openers and remote controls; installed security systems; central vacuum systems and accessories; in-ground sl sprinkler systems and component parts; built-in appliancesi ceiling fansi fences; storage buildings on permanent foundations and docks/piers on s2 permanent foundations. A "Fixture" does not include trade fixtures o\T ned by tenants of the Property. es CAUTION: Exclude any Fixtures to be retained by Seller or which are not owned by Seller, such as rented fixtures (e,9., watel softener s4 or other water conditioning systems, home entertainment and satellite dish components, L.P. tank3, etc.) on lines 28'29. 85 I Unless otherwise stated, "Property" means the real estate described al lines 5-7 86 Buyer acknowledges that any land, building or room dimensions, or lotal acreage or building square oz footage figures, provided to Buyer by Seller or by a broker, may be approximate because of rounding, formulas used or other reasons, unless 88 ve lied by survey or other means. ag CAUTION: Buyer should verify total square footage fomula, total square footage/acreage figures, and land, building or room so dimensions, if material, g1 EME[5fl8[fimEr[ ffi within 3 days of the earlier of: (i) the Deadline for Buyer's exercise of this option; or (ii) lhe Buyels exercise of s2 this Optioni and again within 3 days prior to closing, at a reasonable time pre-approved by Seller or Selleis agent, Buyer shall have the right to and e3 walk through the Property to determine thal there has been no significant change in the condition of the Property, except for ordinary wear e4 tear and ch by Buyer, and that an Defects Seller has 1o cure have been repaired in the manner agreed to by the Parties. the Property until the earlier o[ closing or 95 Iitr]Ill lillAtrn(g{:lflTi aril[rx:[fIHIdreEI Seller shall maintain prior eE occupancy of Buyer in materjally the sam e condition as of the date Buyer exercises this Option, except for ordinary wear and tear. If, to price, repair the e7 closing, the Property is damaged in an amou nt 0f not more than five percent (5%) of the purchase Seller shall be obligated to provide s8 Property and restore it to the same condition that it was on the day this option was exercised. No later than closing, Seller shall Buyer with ss lien waivers for all lienable repairs and restoration. lf the damage shall exceed such sum, Seller shall promptly notify Buyer in writing of the 1oo damage and this Option may be canceled at the option of Buyer. Should Buyer eleci to carry out this Option despite such damage, Buyer shall be price 101 entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit towards the purchase equal lo tle amount of proceeds 102 Seller's deductible on such policy, if any. However, if this sale is financed by a land contract or a mo(gage to Seller, any insurance shall r os be held in trust for the sole purpose of restoring the Property, (i) Option to Buye/s 104 rRIBI TNI_{'ETJNflT'N Buyer and Seller authorize the agents of Buyer and Seller to: distribute copies of the 1os lender, appraisers, title insurance companies and any other settlement service providers fof the transaction as defined by the Real Estate 106 Settlement Procedures Act (RESPA); (ii) report sales and financing mncession data lo multiple listing service sold databases; and (iii) provide roz active listing, pending sale, closed sale and financing concession information and data, and related infonnation regarding seller contributions, 1oE incentives or assistance, and third party gifts, to appraisers researching comparable sales, market conditions and listings, upon inquiry registry and persons registered with the 109 ffi You may obtain information about the sex offender (608) 110 registry by contacting the Wsconsin Depariment 0f Conections on the lntemet at httoJ/wv/w.widocotfenders.orq or by telephone at 240- rrr 5830.

85 Unaddressed parcel with leqal description as indicated on the attached Exhibit A - al Descriotion age 3 of 7. W8-24 112 EIGIE This kansaction is to be closed within th d after the exercise of this Option) (no later 113 tha KE AND COMPLETE AS APPLI L at the place selected by Seller, unless otherwise 114 agreed by the Parties in writing, ,,, EEIEEEErcE The following items, if applicable, shall be prorated at closing, based upon date of closing values: real estate taxes, rro rents, prepaid insurance (if assumed), private and municipal charges, property owners association assessments, fuel and 117 r r e CAUTION: Provide basis for utility charges, luel or other prorations if date of closing value will not be used. 11e Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing. 120 Real estate taxes shall be prorated at closing based on [CHECK BOX FOR APPLICABLE PRORATI0N FORI\,1ULA] 121 X The net general real estate taxes for the preceding year, or lhe current year if available (Net general real estate taxes are defined as 122 gglgal property taxes atter state tax credits and lottery credits are deducted) (NOTE: THIS CHOICE APPLIES lF NO BOX lS CHECKED) 123 l__.1 Cunent assessment times cunent mill rate (cunent means as of the date of closing) 124 Ll Sale price, multiplied by lhe municipality area-wide percent of fair market value used by the assessor in the prior year, or current year if 12s known, multiplied by current mill rate (current means as ofthe date of closing) 126 r:z CAUTTON: Buyer is infomed that the actual real estate taxes lor the year of closing and subsequent years may be substantially 128 different than lhe amount used lor proration especially in transactions involving new construction, extensive rehabilitation, remodeling 12e or area.wide re.ass*sment. Buyer is encouraged to contact the local assessor regarding possible tax changes. 130 Buyer and Seller agree to re-prorate the real estate taxes, through lhe day prior to closing based upon the taxes on the actual tax bill for 131 the year of closing, yrith Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5 days of receipt, forward a copy of the bill i32 to the fomarding address Seller agrees to provide at closing. The Parties shall re-prorate within 30 days of Buyer's receipt of the actual tax 133 bill. Buyer and Seller agree this is a poslclosing obligation and is the responsibility of the Parties to complete, not the responsibility of the real 134 estate brokers in this kansaction. ,.u EEEETEffi [ Property is cunently leased and lease(s) extend beyond closing, Seller shall assign Selleis hts under the lease(s) and rse transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (wTitten) (oral) lease(s), if any, are 137 N/A 13a _. lnsert additional terms, il any, at lines 256-268 or 326-330 or atuch as an addendum per line 325 139 E,OPTION PROVISION ICHECK BOX 0N L|NE 140 0R 141, lF APPLICABLEI: 140 Concurrent with the granting of the Option, Seller and Buyer have entered into a written lease for the Property 141 This Option is contingent upon Seller and Buyer, within _ days from the granting of lhis Option, entering into a written lease 142 forthe Property wilh minimum terms which shall include: lerm hom to and T43 an initial rent of $ per month or this Option shall be null and void ECK ANY OF THE FOLLOWING THAT APPLY, IF LINE 140 OR 141 WAS CHECKED ABOVE] 145 ln the event lhat this option is timely exercised, $- of each monthly rent payment of $ 146 shall be applied to the purchase price while the balance shall be deemed solely rent that is retained by Seller 147 NOTE: Lenders may not recognize a cledit for rent paid under a lease. 14S Buyer may not exercise this option uflless Buyer is current with all rent.

149 Any material breach of the lease Buyer shall also @nstitute a default under this Option, 150 Et{dr{iir Seller represents to Buyer that, as of the date Seller grants this Option, Selier has no notice or rsr knowledge of any Defects (lines 72-74) other than those identifled in Seller's disclosure report dated 152 and, if applicable, Real Estate Condition Report dated _-, and, if applicable, Vacant Land Disclosure Repod prior part ts dated , which was/were received to Buyer signing this Option and which is/are made a of this option rsr by relerence RIKE LICA and r55 156 N ITIONS NOT ALREADY INC N THE DISC RE OR COND]TION REPORT rsz CAUTION: ll the Property includes 1.4 dwelling units, a Real Estate Condition Repo]t containing the disclosures provided in Wis. Stat. S rsa 709.03 may be required. lf the Property does not include any buildings, a Vacant Land Disclosure Report containing the disclosures property 1se provided in Wis. Stat. S 709.033 may be required. Excluded from these requirements are sales of with 1-4 dwelling units that i60 has never been inhabited, sales exempt from the real estate transfer fee, and sales by certain court-appointed fiduciaties (for example, ror personal representatives who have never occupied th e Property). The buyer may have certain rescission rights per Wis, Stat. S 709.05 if roz Se er does not fumish such report(s) within l0 days after Seller grants this option or if a report disclosing Defects i8 furnished before 163 expiration of those 10 days, but after the Option is submitted to Seller. Buyer should review the report form or consult with an attorney 16a for additional information regarding rescission rights. 16s Seller agrees to notify Buyer in writing of any Defect which Seller becomes aware of after Sellels granting of, but prior to Buyels exercise of this roo Option, which is materially inconsistent with the above representations. For purposes 0f this provision {lines 150-156), Defect does not include r67 structurat, mechanical or other conditions of which ihe Buyer has actual knowledge or written notice 0r which Buyer discovers prior to the exercise roe of this Option. B-3 Central Business r os @!j@ Seller represents that fie property is zoned

86 i70 EI(EUPtr@ Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this Odin".l ill#;i rzr 268 or 326-330 or in an addendum attached per line 325, At time of Buyer's occupancy, Property shall be in broom swept condition and free of all rzz debris and personal property except for personal property belonging to current tenants, or that sold to Buyer or left with Buyeis consent. 173 Occu pancy shall be given subject to tenants rights, if any. property r zq CAUTION: Consider an agrBement which addresses responsibility for clearing the Property of Personal and debris, if applicable, 175 m{$n]i/rli:l*lFttrttill Unless otherwise agreed, Buyer shall be responsible for compliance with Rental Weatherization Standards (Ws rzo Admin. Code Ch. SPS 367), if applicable. rzz lplfiffi Setter and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Option. A rza m-terial failure to perform any obligation under this Option is a default which may subject the defaulting party to liability for damages or other legal 179 remedies. 1Bo ltElIq.gqEUlE, Seller may: 'r81 (1) sue for specific perlormance if Buyer has exercised this Option; or 162 (2)terminate the option and may sue for actualdamages 183 lf Seller defaults, Buyer may: 1a4 (1) sue for specific performanc€i or 185 (2) terminate the option and may sue for actual damages 186 ln addition, the Parties may seek any other remedies available in law or equity. 1s7 The parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the discretion of the 188 murts. lf either Party defaults, the Parties may renegotiate the Option or seek noniudicial dispute resolution instead of the remedies outlined ras above, By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes mvered by the arbitration 1eo agreement, ,gr NbTE: tF AccEprED, THts opltoN cAN CREATE A LEGALLY ENFoRCEABLE coNTRAcr. BorH PARTIES sHouLD REAo THls rgZ DOCUMENT GAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROViSIONS OF THE OPTION BUT ARE THIS OR HOW TITLE r g: PROHIBITED BY LAW TROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER OPTION rSI SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEOED. .,ru EmEre@D This Option, including any amendments to it, contains the entire agreement of the Buyer and Seller regarding the ,ru tEiI-or A[ prior negotiations and discussions have been merged into this Option. This agreement binds and inures to the beneft of the 197 Parties to this option and their successors in interest. l9a EtrI]EfIIIIIII I prior to the granting or exercising of this option, Buyer may wish to perform cef(ain authorized inspections, perform part 1se investigations and testing of the property, Buyer shall provide for any specific inspections, investigations or tests Buyer intends to as zoo of Buyeis due diligence items on lines 256-268, 314-321, or 326-330 or attadl as an addendum per line 325. ln addition, Buyer may need lo obtain not zo1 and review documents relevant to financing approval, appraisals, oI perform general due diligence activities for the transaction, including but use zoz limited to: business recolds, condominium documents, maps or other inlormation, municipal and zoning ordinances, recorded building and Buyer may also 203 restrictions, covenants and easements of record, as they may prohibit or restrict certain uses and improvements for the Property. subsoil tests, 204 need to obtain or verify certain permits, zoning variances, other governmental or private approvals, environmental audits and the 205 required road improvements, utility hook-up and installation costs, or other development related msts and fees, in order to fully determine due 206 feasibility of any proposed or planned development of the Property. Seller agrees to cooperate with Buyer as necessary to complete any zor ditigence items or any authorized investigations, testing and inspections as provided for in this option, without cost to Seller, unless otherwise zo8 agreed by the Parties in writing.

87 Unaddressed with I d on as indicated on the attached Exhibit A - on 5 of 7, WB'24

209 may) (may not) STRIKE ONE record this option at Buyer's expense. 210 Buyer ( (may not) ("may'' if neitrer is strid

258 259 264

261 262 263 264 263 266 267 268

88 Page 6 of 7, WB'24

269 CONDOMINIUM UNITS z7o CAUTION: lf this option involves a condominium unit, Buyer should obtain and review the condominium disclosure documents before 271 entering into this 0ption. See lines (198-208) 272 lf the Property is a residential condominium unit, Seller must comply wih lhe followingl 273t@:SelleragreestoplovideBuyer,atSellelscost,within10daysofBuyerexercisingthis0ption, 2za but no later than 15 days prior to closing, current and accurate copies of the condominium disclosure materials required by Wis. Stat. $ 703.33. zrs The condominium disclosure materials include a copy of the following and any amendments to any of these lexcept as may be limited for small '12 276 condominiums with no more than units per Wis. Stat. S 703.365(1)(b) and {8)l: (a) proposed or existing declaraiion, bylaws and any rules or 277 regulations, and an index of the contents; (b) proposed or existing arlicles of incorporation of the association, if it is or is to be incorporated; (c) zze proposed or existing management contract, employment mntract or other contract affecting the use, maintenance 0r access of all or part of the 27s condominium; (d) projected annual operating budget for lhe mndominium including reasonable details concerning the estimated monthly 2so payments by the purchaser for assessments and other monthly charges; (e) leases t0 which unit owners or the association will be a party; (0 zs1 general description of any contemplated expansion of condominium including each stage ofexpansion and the maximum number ofunits that can zaz be added to the condominium; (g) unit floor plan showing location of mmmon elements and other facilities available lo unit ownersi (h) the 283 execulive summary. 284 r EUYEB_BES9ISII8N_BICH.IS: As provided in Wis. Stat. $ 703.33(4Xa), Buyer may, within 5 business days of receipt of all the required 285 disclosure documents, rescind this Option by written noiice delivered to Seller. lf the disclosure materials are deiivered to Buyer and Buyer does 2Bo not receive all of the disclosure documents, Buyer may, within 5 business days of Buyer's receipt of the disclosure materials, either rescind the 287 Option or request any missing documents. Seller has 5 business days following receipt of Buyeis request for missing documents to deliver the 288 requested documents, Buyer may rescind the sale within 5 business days of the earlier oI Buyeds receipt of requested missing documenls or the 28s deadline for Seller's delivery of the documents [Ws. Stat. $ 703.33(a)p)]. The Parties agree that the 5 busin$s days begin upon the earlier zso of: (1) Buyer's Actual Receipt of the d isclosure materials or requested missing documents or (2) upon the deadline for Seller's delivery zs1 of the documents. zsz NOTE: BUYER SHOULD READ ALL DOCUMENTS CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATI0N OF THE zs: PROVISIONS OF THE D0CUMENTS BUT ARE PROHIBITED BY LAW FROM GIVING LEGAL ADVICE 0R OPINI0NS zsa r ADDITI ONAL Lli, ISSUES: ln addition to the disclosure materials required by Ws. Stat. $ 703.33, Buyer may wish to consider reviewing zgs other mndominium materials as may be available, such as mpies of: the mndominium associaton's financial statements for the last two years, the 2s6 minutes of the last 3 Unit owners' meetings, he minutes of condominium board meetings during the 12 months prior to acceptance, information about ae7 contemplated or pending mndominium special assessments, the association's certilicate of insurance, a statement from the association indicating the 2e8 balance of reserve accounts mntrolled by the association, a statement from the association of the amount of any unpaid assessments on the unit (per Ws. (e.g. pool, parking garage inspectjons, eic.), any pending litigation :se Stat. $ 703.165), any @mmon element inspestion repods mof, swimming elevator and 3oo involving he associatjon and fre dedaration, bylaws, budget andior most recent financial statement of any masler association or additional association the 301 unit may be part of. Not all of these materials may exist or be available from the condominium association 302 I QeIQNjEESNQIA9EPQSIL: The Padies agree that if his Option is for a residential mndominium unit, he option fee and any option extension 303 fee are not deposib subject to relurn underws. Stat, S 703.33{4)(c). "inspection' 304 Buyer may only conduct inspections or tests if specilic authorizations are included in this option. An 305 is delined aS an observation of the Property which does not include an appraisal or testing of the Property, other than tesling for leaking carbon 306 monoxide, or testing for leaking LP gas or natural gas used as a fuel source, which are hereby authorized. A 'test" is defined as the taking of 307 samples of materials such as soils, water, air or building materials from the Property and the laboratory or other analysis of these matedals. Seller 3os agrees to allow Buyels inspectors, testers, appraisers and qualified thkd parties reasonable access to the Property upon advance notice, if 3os necessary to perform the activities authorized in this option. Buyer and licensees may be present at all inspections and testing. Except as 310 othenvise provided, Sellels authorizatioa for inspections does not authorize Buyer to conducl testing of the Property. Buyer agrees to promptly 3r1 restore the Propedy to its original condition after Buyels inspections and testing are completed unless otherwise agreed to with Seller. Buyer 312 agrees to promptly provide copies of all inspection and testing reports to Seller. Seller acknowledges that certain inspections or tests may detect 313 environmental pollution lvhich may be required to be reported to the Wisconsin Department of Natural Resources,

89 Unaddressed with al n as indicated at Line 326 7 aI7, WB-24

314 FOR INSPEfiIONS ANO Buyer is authorized to have the Pmperty appraised by a Wisconsin licensed or certifed 31s appraiser and to mnduct he following inspedions and tests (see lines 3043'13) pnor t0 Buyer's exercise ol this option. Any inspection(s) and test(s) shall 316 be performed by a qualifed independent inspeclor or expert, or an independent qualifed third party. Inspeclions and testing shall be conducted pursuant to 317 govemment or industry protocols and standards, as applicable, 318 Listinspeclions (e.9., horne, rmf. fouMalion, seplic)here:

320 List tests (e.9., radon, lead-based paint v/ellwata)here:

321 322 Describe additional inspections and tests, if any, at lines 256-263 or 326-330 or attach as an addendum per line 325 szt NOTE: Any testing authorizations should specity the areas of the Property to be tested, the purpose of the test, (e.9., to determine iI 32a environmental contamination is present), any limitations on Buye/s testing and any other material terms. X ADDENDA: The attached ExhibnA - Leqal Descrrpllon is/are made part of this Option 326 AiDm.nfltf :Ef.IIFrfd\qS 327 328 329 330 SSI IF GRANTED, THIS OEIION CAN CREATE A LEGALLY ENFORCEABLE CONTRASI. BOTH PARTIES SHOULO READ THIS OPTION AND ALL SgZ ATTACHMENIS CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPI-ANATION OF THE PROVISONS OF THE OPTION B[,IT ARE sgs PROHIBITED BY LAW FROM GMNG ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OPI|ON OR HOW TIrLE ggl SHOULD BETAKEN AT CLOSING lF THE OPT|ON lS EXERCISED. AN ATTORNEY SHOULD BE CONSULTED lF LEGAL ADVICE lS NEEDED. Andrew Beveridge, City Attorney for the City of Stevens Point 335 This Option was drafled by llicensee and Firm]

336 0n October 26 2018 ol Point 337 Entity Na

338 (x) ::S B re Pri > Mike Wza, l\rayor sro (x) 3a1 Buyels/Authorized Signature Print NamelTitle Here> Date^ gIZ SELLER GRANTS THIS OPTION. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OPTION SURVIVE 343 CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND sc+ CONDITIONS AS SET FORTH HEREIN AND ACKN0WLEDGES RECEIPT OF A COPY 0F THIS OPTION' Elodin Holdings, LLC 3a5 Seller N

:+o (x) l7 re L Print Name/Title Here >

va (x) 3,re Seller'rAuthorized Signature Print Name/Title Here > Date 350ThisoptionwaSpresentedtoSellerbyILicenSeeandFirm1

0n at a.m./p.m

3s2 This option is rejected This Option is countered 3s3 Seller lnitials Date l Seller lnitials a Date L :sr NOTE: Parties wishing to courfer lhis option should draft a new option (WB-24) or dnfr a Counteroffer (W8.44) to relerence this Option.

355 : CF BGROSE OF By signing below and delivering this notice (see lines 35-54) to Seller, Buyer hereby exercises this Option to sso Purchase. Point asz Buyer Entity Name (if any) City ol Stevens

... /Y\

3se Buyer's/Authorized Signature Print Name/Iitle Here > Mike Wza, Mayor Date

.". /v\ sor Buyer's/Authorized Signature Print Name/Title Here > DateA

90 EXHIBIT A - LEGAL DESCRIPTION

That part of Block Four (4) of Strongs, Ellis and Others Addition to the City of Stevens Point, located in Government Lot One (l), Section Thirty+wo (32), Township Twenty-four (24) North, Range Eight (8) East, City of Stevens Point, Portage County, Wisconsin, described as follows: Commencing at the Northeast corner of Block Twenty-eight (28) of Valentine Brown's Addition in said City ofStevens Point; thence North 89'25'17" West a distance of I 17.77 feet; thence South 0o02'24" East a distance of 131.63 feet; thence North 89'22'43" West a distance of 23.37 feet; thence South 0'36'31" West a distance of 131 .60 feet; thence North 89'20'07" West a distance of 30.72 feet to the point ofbeginning; thence continuing North 89"20'07" West a distance of20.00 feet; thence North 0'35'l l" East a distance of 105.57 feet; thence South 89'22'43" East a distance of 20.00 feet; thence South 0'35'11" West a distance of 105.5 8 feet to the point ofbeginning, and there terminating.

91 WISCONSIN BEALTORS6 ASSOCIATION 480 I l:oresr Run Boad Page 1 of 3 Madison. Wissndrn 53704 VACANT LAND DISCLOSURE HEPORil

DISCLAIMEF A. THIS DISCLOSUFE yV\a,n EEPORT CONCEBNS THE REAL PROPEBTY LOCATED AT o IN (SIEEET ADDRES s) rN THE LLAGE) [OWN) OF COUNry OF STATE OF WSCONSIN HIS REPORT IS A DISCLOSUFE OF THE CONDITION OF THAT ERry IN COI,/PLIANCE WITH SECTION TO9.O2oFTHEWISCoNSINSTATUTESASoF @ nDv, NoNTH) c (DAY], -JoIB IYEAF).lIISNOTA WARFANTY OF ANY KIND BY THE OWNER OE ANY AGENTS REPRESENTING ANY PRINCIPAL IN THIS TRANSACTION AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANIES THAT THE PRINCIPALS MAY WISH TO OBTAIN.

8.1 . in this rorm, "am aware" means hru" noti""o#lnE5;i*1ff"?f,Tf,I'3lL "detect" m,ans a condition rhat wourd have a significant adverse effect on the value of the property, that would signfficantly impair the health or sa{ety of Juture occupants ol the prop€rty; or that if not repaired, removed or replacad would adversely affe'ct ttre use ol the property. 8.2. The owner discloses the tollowirg information witl" the knowledge that, even though this is not a warranty. prospectve buyes may rely on this in{onnation in decioing. whether and on wliat terms to purch-ase the property. The owner hereoy aLrthorizes any- agent representing any principat in this transaction lo provide a cdpy of this staiement, and to disclose any informatjon in the statement, to ant person in connectjon with any actual or anticipated sale ot the propedy.

8.3. The owner represents that to the best ol his or her knowledge the responses to the tollowing stataments have been a€curately noted as "yes." "no," or "not applicable" tothe property belng sold. if theowner responds to eny stalsmenl with "yes," the owner shall provide, in the additional information area of this form. an exptanatior ol the reason why the response t6 the .yos." *ll statement is a stalement is instead answered by a thid pany expeft's written inlormation. chock "Sea Expef i Repoft" and altac h the i ntormation. *

8.4. 11 the transfer is ol a condominium und, the property to which this form applies is the condominium unit, the common elements of the condominium and any limited comrnon elements that may be usbd only by the owner of tIe condominium unit being transfened.

PROPERTY COND'TION STATEMEA'IS i Expett'$ Yes Na N/A Repal c.1. I am aware ol proposed, planned, or commenced public improvements or public \/ construction projecE that may result in special assessments or thal may otherwise materially aflect the property or the presenl use of the property. c.2. I am aware of a government agency, court order, or fedBral, state, or local ,,/ regulations requiring repair, afteration, or correction of an existing condition. c.3. I am aware of a land division or subdivision for which required state or local approvals were not obtained. c.4. I am aware that all or a ponion of the property is in a floodplain, !,retland, or shoreland zoning area under local, statB, or federal regulations,

I am aware that all or pad ofthe propedy is subject to, or in violation of, an agricultural conservatiofi easement or a farmland preservation aqreernsnt with the Wj$Consin L Department ol Agticulture, TradB and Consurrer Proti:ction (DATCP) (also see item D. 2.), or under a county farmland preservation plan or enrolled in, or ih violation of, a torest cropland, managed lorest land (also see item D.2m.), conservation reserve, or other comparable program. c.6. I am aware o{ a boundary or lot dtspute, an encroachment, an encumbrance, a joint driveway, or a violation o'the fence laws under ch. 90, Wis. stats. c.7. I am aware of a material violation of an environmental rule or olher rule or agreement regulating the use ol the property. c.8. I am aware oJ any condition oonstitding a $ignilicant healh risk or salety hazard tcr \/ _.- occupants ot the properry.

I am aware of un9.erground or aboveground fu61 storage tanks on or previous,ly located on the property. (lf "yes,' the owner, by law, may have to reqister tne tanks wilh th8 Wisconsin Department pO. g9l of Agriculture, Trade and Consumeaprotection at Box 1 , Madison, Wisconsin, 53708, whether the tanks are in use or not. Requlations ol the Wisconsin Department of Agriculture, Trade and Consumer Protectidn may require the closure or removal oJ unused tanks.)

C.9m. I am aware that a dam is totally or partially located on the property or that an ownership in a dam tFat is not ]ocated on the property will be transferred with the property because 92 it is owned collectively-by members of'a homeowners association, takd disViA, or similar group. (ll-._ypt contacl the Wisconsin Depadment of Natural Resources to find Page 2 ol 3 See Expert's Yes No N/A Repoft c.10 I am aware of a defect or contamination caused by unsafe concentration6 ol, or unsate conditions relatinq to, pesticides, herb cldes, fertilizer, radon, raoium 'Z in water supplies, lead or ar"senic in soil, orother poleritially hazardoud or toxic substances on the premises. c.1'1 , I am aware that melhamphetamine or other hazardous or toxic substances have been manufactured on the propeny. c.12. I am aware of high voltaqe electric ('100 krlovolts or greater) or steel natural gas lransmission lines located on, bJl not directly serving, the property. c. 13. I am awars of defecls in any well, includinq unsafe well water due to contaminanls such as colilorm, nitral.es, or atrazine, or any out-ol-service wells or cisterns that are required to be abandoned (see S NR 812.26, Wis. Adm. Code) but that are not closed or abandoned according to app'icable regulalions. c.14. I am aware of defects in ary septic system or other saFitary disposal syslem on the property or any ort-o[-service septic sysrem that is not c'osed or abandoned according to applicable .egLrlations. c.1 s. I am awar6 ot subsoil conditions that would signilicantly increase the cost of t/ developmenl, i.lcluoing, but noT limfted to, subsurface foundations or waste materiel; any type of fill; dumpsites where pesticides, herbicides, tertilizer. or other toxic or hazardous materials or containers for these materials were disposed of in violation of manufacturer or government guideljnes or other groundwater; aws requlatinq such disposar; high -earth advorse soil condit ors, such as low load-bearing capacity, or soil movement, or slides: or excessrve rocl(s or rock tormatrons. c.1 6 I am aware o[ browntields (abandoned, .dled, or undorused land that may be subiect to anv,ronrrental contan'iration) or other contaminated land cin the properM or that contaminated soils on the property have been cleaned up under the Petroleum Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial actioh program, the DATCP Agriculrural Chemical Cleanup Program, or other similar prooram, c.17. I am aware that there is no legal access to the property by vehicle lrom public roads. c.18. I am aware that the property is subjsct lo any of the lollowing: a homeowners' assoc.at,on; a common area shared or co-owned with another; a zoninq violation or nonconforming use; a right-of -wayi a restrictrve covenant: an easement. includino a conseryalion easement: an easement maintenance agreement; or use 6f a part ol the property by h nonownar. other than a recorded utility easemBnt. c.19. I am aware that the property is located within a specral purpose drstrict, such as a drainaqe distrid, lak6 disfrict, san.tary district. or sewer district, that has lhe authorittto impose assess"nents againsT real property located within the districl. c.20. I have received notice of a Dropenv tax increase, other than a normal annual increase, o'am aware of a corhpleted or pending property reassessment or a proposed or pending special assessment. c.21 I am aware of burial sites, archeological artifacts, mineral rights, orchards, or endangered species on the property. c.22. I am aware ol llooding. standing watsr. drainage problems, or other waler problerns on or affecting the property. c.23. I am aware ol material damage from firE, wind, flood, earthquake, expansive soil, *{_ erosion, or landslide- c.24. I am aware ot significant odor, noise, wator intrusion, or other irritants emanating from neighboring p'operty. c.25. I am aware o, siqnificant crop damaqe from disease, insects, soil conlamination, wildlile, or other"causes: diseased tr6es; or substantial injur;es or disease n I vestock on lhe property or neighbor.ng property. c.26. I am aware of existing or abandoned manure storage facilities. I am aware that the property 1s subject to a mit'gation plan required under administrative rules oI DNR related to county shoreland zoninq ordinalces, which obl,oates the owner of the DroDertv td Bstablis. or mainlain certain measures ielated to sho.eland conditioni and whrch is enforceable by the county. c.28 I am aware rhat a pier attached ro the p,operty is not in compliance with state or local pier regulations. See http:i/dr lwi.govl lor inlormalion. c.29 I am aware of impact lees or another condilion or occurrence that would sioniflcantlv increase develooment costs or reduce the value of the Drooertv to a ieasonatile person with knbwledge ot the naturo and scope of the cohdition or occurrenco. 93 c.30 I am aware of other defects afiecting the propBfty. Page 3 ol 3

See E peds ADDITIONAL INFOBMATION Yes No Nl/A Repad D.]. Use-Va/ue Assessments. The use-value assessment system values agricultural land based on the incomo that would be generated from its rentalfor agricultural use rather than its fair marketvalue. When a person converts agricultural land to a nonagricultural use, such as residential or commercial development, thal person may owe a conversion charge. To obtain more information about the use-value law or conversion charge, contact the Wisconsin Department of Revenue's (DOR'S) equatization seclion al (608) 266-2149 or visit: hlto r//ww!v.revenue.wi.qov/{aqs/slf/useassmt.html. a. I am aware that all or pad of the land has been assessed as agricultural land under $ 70.32(2r), wis. siats. b. I am aware lhat the owner has baen assessed a use-value conversion charge under S 74.485(2), Wls. stats. -r-" c. I am aware hat the payment ol a use-value conversion charge has been deferred under 5 74.485(4), Wis. stats. - D.2 Farmlald PlesqrvAlion. Early termination of a hrmland preservation agreement or romoval of land ftom a larmland preservatiofi agreement can trigger paymeot ol a conversion fee equal to 3 times the class 1 "use value" o, $e and. For nrole information, call (608) 224-4500 or visit: hltp://workinglands.wi.gov. a. I am aware that the propertl,/ is subjeci to a larmland preservation agr€ement. 0.2m. Vanaqed Forest Land. The .nanaged lorest land program is a landowner incentve program that ancourages sustainaole lorestry on private woodlands by exempting the landowner iom the payment of property Exes,n exchange {or the payment ofa lower acreage share payment and compliance with certain conservation practices. Orders designating lands as managed foresl lands remain in effec1for 25 or 50 years. When owneIship oI land enrolled in the managed iorest land program changes, the new owner musi slgn and ile a reporl of lhe chanqe ol ownership on a Iorm provided by the Wisconsin Oepartment ot Natural Hesources (DNR) and pay a iee By iling this form, the new owner agrees to comply wth the maragerre-t plan 'or the land and the managed forest land program rules. The DNR DMsioo of Forestry mo1 tors 'orest manageme''rt pran comp,iance. Changes that a landowner makes to property that b subjec't to an order designating t as ma'raged rorest land. or ro iIS use, r.ay jeopardize b€neflb under th6 orogra- or caJse the property lo b€ withd'awn trom the program and may result in the assessment of penalties. For rnore iniormalion, call your local DNB fbrester or visit: htto:/./dnr.wi.9ov/lorestM a. I am aware that all or parl ot the property is enrolled rn the managed iorest land program. D.3 Lnilitv Connectrons. r am aware that the property is connecled lo the lollowing utilities on the property or at -{lh€ lot line: a. Electricity. _ 'u' b, Municipalwater. - \1 - c. Telephone. d. Cable televison. e. NaturalgEs. -€ t. l\4unicipal sewer. -l-.. D,4 Tl^e owner has owned lhe property for D,5 Explanation ol "yes" responses. (See 8.3.) -___v

NOTICE FEGAROING SEX OFFENOER REGISTHY E. The prospective buy6r may obtain information about the sex otfender registry and persons registered with the regislry by contacting the Wisconsin Department ol C,orrections at (608) 240-5830 or by visiting http://www.widocoffenders.oro. OWNEB'S CEBTIFICATION F. The owner S in this report is true and correct to lhe best of the owner's knowledge as of the date on which the owner sig Owner ak R l{F{ Dale r r/z/rt Owner Date CERTIF'CATION 3Y P'RSON SUPPLYING INFORMATION G. A person other lhan the owner certifies that he or she has supplied information on which the owner relied Ior this report and that that inlormatlon is true and correct to the besl of that person's knowledge as oi the date on which the person signs this report. Pcrson Items Date Person Items Dato Person Items Dale NOTICE REGAROING AOVICE OR INSPECTIONS H. THE PROSPECTIVE BUYER AND THE OWNER l,,lAY WISH TO OBTAIN PROFESSIONAL ADVICE OB INSPECTIONS OF THE PROPEBTY AND TO PBOVIDE FOR APPROPRIATE PBOVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTIONS, DEFECTS, OB WAHRANTIES, BUYER'S ACKHOWLEDGEMENT 1.1 . The prospectivs buyer acknowledges thal technical knowledg€ such as that acquired by professional inspectors may be required to detect certain defects such as floodplain status. I.2. I acknowledge receipt ol a mpy of this statement, Prospeclive buyer - Date Prospective buyer Date Prospective buyer Date

94 '^oft Nl ,nonnaoaa dooearirm ,n ilalics n lhis ,Want Lam Dsclosurc Bermft is puely ot a st4.oteff6,lb.l nature at:d )s not reatircd ouetaa,.fi b Seclia1109.03! qf rri-[1AcO$eh stsllCq Cotryight @ 20_ a by fiwnsin BEAL-OFS@ aEsocirlirn

A RESOLUTION ESTABLISHING A COMPLETE STREET POLICY FOR THE CITY OF STEVENS POINT, WISCONSIN

WHEREAS, Streets are a critical element of public space and play a major role in developing the image and identity of a city, and

WHEREAS, The mobility of persons and freight as well as the safety and convenience of all users should be considered in the planning and design of the transportation system of the City of Stevens Point, and

WHEREAS, Integrating sidewalks, bicycle facilities, safe crossings, traffic calming treatments, and transit facilities in initial designs avoids costly retrofits in the future, and

WHEREAS, The City Council seeks to make Stevens Point a more livable, vibrant, healthy, and economically robust community with system-wide choices of safe, convenient access to roadways and trails for all users with a more balanced human scale streetscape environment, and

WHEREAS, A complete streets program is designed to reduce congestion, increase the transportation network capacity, and increase consumer choice while decreasing consumer transportation costs, improving air quality, improving community health, enhancing community aesthetics, promoting economic growth, increasing community resilience to intense storm events and climate change by providing accessible and efficient connections between home, school, work, recreation, and retail destinations; and

WHEREAS, The City Council recognizes that there are some streets and corridors that would not fully satisfy a complete streets environment, but that sidewalks, crosswalks, bicycle facilities, and transit stops need to be installed wherever feasible, and

WHEREAS, Establishing and implementing a complete streets program will improve the health of the citizens of Stevens Point by encouraging more active lifestyles, and

WHEREAS, Numerous studies and surveys, including each of the most recent years of the National Association of Realtors, Smart Growth Surveys, indicate a strong and growing preference among homebuyers for walkable, mixed-use communities when selecting where to live due to enhanced individual and community economic vitality when all aspects of community living intertwine with effective, safe, accessible and reliable transportation choices, and

95

WHEREAS, The majority of Americans want to walk places and spend less time driving according to 2015 reports by the Urban Land Institute and the National Association of Realtors, and

WHEREAS, The American Association of Retired Persons (AARP), a member of the national Complete Streets Coalition, strongly endorses Livable Communities policies such as walkable and bikeable communities that realize the benefits of significantly higher property values, additional business activity, increased tourism, and greater health savings; and

WHEREAS: Travel by foot, bicycle or transit represents money retained in the community as demonstrated by a 2010 case study by the University of Massachusetts that compared the employment impacts of pedestrian and bicycle infrastructure with traditional roadway projects and found that on street bike lanes and pedestrian measures created more direct jobs, more indirect jobs, and more induced jobs per dollar than either road upgrades or road resurfacing, and

WHEREAS, The Federal Highway Administration (FHWA) of the United States Department of Transportation (US DOT) Design Guidance for Accommodating Bicycle and Pedestrian Travel issued in 2000 provides that bicycle and pedestrian ways shall be established in new construction and reconstruction projects in all urbanized areas. Excluded projects are those where bicyclists and pedestrians are prohibited by law from using the roadway, when costs are 20 percent of higher than the larger transportation project, and where the sparsity of population indicate an absence of need, and

WHEREAS, Cities that have infrastructure that encourage all modes of transportation including, pedestrian, bicycle, transit, freight as well as accommodating the needs of persons with disabilities, have more success in attracting economic development.

WHEREAS, The Portage County Countywide Bicycle & Pedestrian Plan’s Policy C2.1 states “Adopt a Complete Streets resolution at the County level and encourage local municipalities to adopt their own Complete Streets resolution.”

NOW THEREFORE BE IT RESOLVED BY THE CITY OF STEVENS POINT THAT, City street and transportation facilities must be designed so that the safety and convenience of all users of the street system, including pedestrians, bicyclists, those with differing abilities, transit users, automobile drivers, commercial vehicles, freight haulers, and emergency vehicles is accommodated. Each street must facilitate multi-modal use and assure that all users can travel safely in the public right of way to the greatest extent practicable.

96 DEVELOPMENT AGREEMENT

THIS DEVELOPMENT AGREEMENT (“Agreement”), made as of the ____ day of ______, 20___, by and between the City of Stevens Point, Wisconsin (“City”) and General Capital Acquisitions, LLC, referred to as “Developer”. Individually, each of the foregoing is a “Party” and collectively, they are the “Parties”).

RECITALS

WHEREAS, City desires to encourage development, eliminate blight and prevent blight within the City; and

WHEREAS, for these purposes, City will perform its best faith efforts to create Tax Incremental District No. 10 (“TID No. 10”) pursuant to Wisconsin Statutes; and

WHEREAS, Developer has agreed to acquire from the City, for One Dollar ($1.00), the Property identified and more particularly described on Exhibit A, attached hereto (the “Property”), which is located in TID No. 10, and intends to develop it as a residential development of 88 rental units (the “Units”), and 4,000-5,000 square feet of community and/or common facilities for residents, and

WHEREAS, City has determined that development of the Property will serve to encourage development and to eliminate and prevent blight within the City, and is in the best interests of the City and its residents, and that the economic vitality of TID No. 10 is essential to the economic health of the City; and

WHEREAS, Developer has filed, or will file, with City the following plans specifications, documents and exhibits (“Plans and Specifications”) if and as required by City, for the development of the Property and for making other improvements, it being acknowledged some may be submitted for approval after execution of this Agreement and attached at the time of approval.

1. A schedule showing the name of Developer and the mailing address and telephone number of Developer’s representatives for the Project (as defined herein), incorporated by reference herein as Exhibit B.

2. An accurate topographical map showing topographical data of the Property, incorporated by reference herein as Exhibit C.

3. A scale plot plan showing the location, type and size of the proposed use for the Property to be improved by Developer as provided herein, including the location, type and size of the proposed structures, driveways, driveway access road(s), parking facilities, open space and landscape plans, including a statistical table showing the size of the site in square feet, and acreage, incorporated by reference herein as Exhibit D.

1

97 4. Architectural drawings of the buildings and structures and sketches showing the design characteristics and treatment of exterior elevations incorporated by reference herein as Exhibit E.

AND WHEREAS, Developer has filed with City, and City has approved, applications for zoning approvals of the Property, as necessary to accommodate the development;

NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein, and the following promises and mutual obligations of the Parties hereto, each of them does hereby covenant and agree, as follows:

ARTICLE I DEFINITIONS

Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context:

“Agreement” means this Development Agreement, as the same may hereafter be from time to time modified, amended or supplemented in accordance with its terms;

“Bond” means bonds or notes issued by City to provide City Support;

“Developer” means General Capital Acquisitions, LLC and its successors and assigns;

“Differential Payment” means the amount to be paid by Developer as the shortfall, if any, between the amount of taxes due on the Value guaranteed by Developer and the amount of taxes billed, for any year during the Term of this Agreement;

“Fund” means TIF Revenues in any year in excess of guaranteed TIF Revenues;

“City” means the City of Stevens Point, Wisconsin;

“City Support” means City’s support for the Project to be provided to Developer, as set forth in Section 3.2(2) below;

“Excess TIF Revenues” means the amount of taxes paid on the Project in excess of the amount of taxes paid that would be due on the Value guaranteed by Developer pursuant to Section 3.1(4) for any year during the term of this Agreement.

“Plans and Specifications” means the plans and specifications for the Project to be prepared by Developer and approved by City, including Exhibits B through E attached hereto;

“Prime Rate” means the prime rate as established from time to time by Citibank, N.A.;

2 98 “Project” means the development of the Property within City Tax Incremental District No. 10 as shown on Exhibit D, in accordance with the Plans and Specifications;

“Project Costs” means costs specified in secs. 66.1105(2)(f) 1.a-n, inclusive, Wisconsin Statutes;

“Property” means the Property identified and more particularly described on Exhibit A, attached hereto;

“Subsequent Tax Year” means a tax year occurring after a year in which Developer makes a Differential Payment;

“Term” has the meaning set forth in Section 8.10 herein;

“TIF Revenues” means the incremental real and personal property tax revenues generated by the Project from tax year 2020 to the end of the Term of this Agreement, plus any Differential Payments paid, collectively in excess of base value tax revenue;

“Unit” or “Units” means one or more of the 88 rental residential units in the Project;

“Value” means fair market value of the real property and personal property in City, and does not include the value of any government subsidy or program;

ARTICLE II REPRESENTATIONS AND WARRANTIES

Section 2.1 Representations and Warranties of City. City makes the following representations and warranties:

(1) City is a municipal corporation of the State of Wisconsin and has the power to enter into this Agreement and carry out its obligations hereunder.

(2) City makes no representation or warranty, either express or implied, as to the Property, or its condition or the soil conditions thereon, or that the Property shall be suitable for Developer’s purposes or needs.

(3) 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 provision of any law, ordinance, charter, contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which City is now a party or by which it is bound, or constitutes a default under any of the foregoing.

(4) The execution, delivery and the consummation of the transactions contemplated hereby have been duly authorized and approved by City and no other or further acts or proceedings of City. This Agreement constitutes the legal, valid, and

3 99 binding agreement and obligations of City, enforceable against it in accordance with its respective terms, except as enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

Section 2.2 Representations and Warranties of Developer. Developer makes the following representations and warranties:

(1) Developer is a Wisconsin Limited Liability Company and has the power to enter into this Agreement and to perform its obligations hereunder and is in good standing under the laws of the State of Wisconsin.

(2) Developer will cause the Project to be constructed in accordance with the terms of this Agreement, the Plans and Specifications and all local, state and federal laws, ordinances and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws, ordinances and regulations), except for staff approved minor changes to the Plans and Specifications during construction which will not have a material adverse effect on the Project.

(3) The implementation of the Project would not be undertaken by Developer, and, in the opinion of Developer, would not be economically feasible within the reasonably foreseeable future, without the City Support to Developer provided for in this Agreement.

(4) Developer will use its commercially reasonable and diligent efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals for the Project, and will comply, in a timely manner, with all ordinances and regulations which must be met before the Project may be lawfully implemented.

(5) 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 provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing.

ARTICLE III CONDITIONS PRECEDENT TO DEVELOPER’S OBLIGATIONS

Section 3.1 Developer’s obligation to conclude the transaction contemplated herein shall require the satisfactory completion, in Developer’s sole discretion, of each of the following conditions on or prior to the Closing Date:

(1) Developer shall be approved and awarded WHEDA 2019 HTC program credits for the Development not later than May 15, 2019. In the event Developer does not receive WHEDA 2019 HTC credits then Developer may elect to terminate this Agreement

4 100 and shall have no further obligations hereunder upon written notice given by Developer to City not later than May 31, 2019.

(2) Developer obtaining a commercial loan commitment from a lending institution of Developer’s choice in an amount and with such terms and conditions acceptable to Developer, in Developer’s sole discretion, for the construction of the Development and the Property and any and all related improvements. In the event Developer does not receive an acceptable loan commitment then Developer may elect to terminate this Agreement and shall have no further obligations hereunder upon written notice given by Developer to City not later than November 30, 2019.

(4) TID No. 10 must be created and established not later than July 31, 2019.

(5) Developer shall acquire the Property not later than December 31, 2019 (“the Closing Date”).

ARTICLE IV UNDERTAKINGS BY DEVELOPER AND CITY

Section 4.1 Developer Obligations. Developer undertakes the following obligations, in consideration of City’s obligations in Section 3.2, below.

(1) Developer shall make all reasonable efforts to build the rental development of 88 residential Units. The Project will be developed under the Plans and Specifications approved by City, such approval not to be unreasonably withheld, conditioned or delayed.

(2) Following receipt of all approvals for the Project, Developer will commence construction by no later than January 1, 2020.

(3) Developer shall pursue construction activities on the Property and shall complete the Project on the Property, so as to obtain occupancy permits for all Units, in accordance with state and local codes, by March 15, 2021.

(4)

(a) Developer guarantees that the Value of the Property will be not less than $6,3501,600,000 on January 1, 2020.

(b) Developer guarantees that the value of the Property will be not less than $6,400,000 on January 1, 2021.

(b)(c) The aforesaid $6,350400,000 minimum Value of the Property will continue during the remaining Term of this Agreement.

(c)(d) The foregoing Value guarantees are conditioned on City fulfilling its obligations to provide the City Support, as specified herein.

5 101 (5) Without limiting other provisions in this Agreement, the dates in Sections 4.1(2) (3) and (4) are subject to Force Majeure.

(6) For the tax year 2020 and thereafter ending with the last tax year of the Term covered by this Agreement, Developer guarantees that the amount due to City on the Value of the Property shall be not less than the minimum Value guaranteed in Sections 4.1 (4)(a) and (b), and (c) herein, multiplied by the assessment ratio for the relevant year and multiplied by the mill rate for the relevant year. For example, should the assessment ratio be 100% and the mill rate $22.20 per $1,000 for tax year 2021, the amount of taxes required due under this Agreement for tax year 2021 is $140,970142,080. Developer agrees that, in the event the property taxes due for any year covered by this Agreement shall be based on a value less than the Value guaranteed in Section 3.1 (4) above, City may submit a bill to Developer for the differential (“Differential Payment”). For example, if the amount which would be due on a value of $6,350400,000 is $140,970142,080, and the amount of property taxes billed is on a value of $6,000,000, or $133,200, the billable Differential Payment is $7,7708,880. Such a billing shall be submitted to Developer by the City Treasurer by March 1 of the relevant tax year and shall be paid in full by Developer, without interest thereon, by March 31 of that year. If not fully paid when due, the amount remaining unpaid on and after April 1 of that year shall accrue interest at a rate of 6% per annum until fully paid. City has the option of placing any unpaid amount on the subsequent year’s property tax bill as a special charge.

(7) Developer agrees to develop the Property within Tax Incremental District No. 10 as shown on Exhibit D, and all buildings and structures on the Property in accordance with the Plans and Specifications, as filed and approved in final form by City. However, during the progress of the Project, Developer may make changes to the Plans and Specifications as may be in furtherance of the general objectives of the Plans and Specifications and this Agreement and as site conditions or other issues of feasibility may dictate to further Developer’s development objectives; provided, however, any such change shall comply with all applicable laws of City and Developer may not make any change without the written consent of City (not to be unreasonably withheld, conditioned or delayed). If a proposed change is required to be approved by the City, City agrees to consider and approve or reject any proposed change within 30 days after submittal by Developer to City or such approval is deemed given; provided, if City’s approval is needed within a shorter period of time due to Developer’s construction schedule or its obligations under Sections 4.1(2), (3) or (4) above, City shall provide such approval or rejection within 10 days of request, and City will reasonably cooperate with Developer to facilitate and expedite such review process. However, if a proposed change is required to be reviewed and approved by a City committee and/or Common Council, such request will be considered and acted upon at the next available meeting of such City committee or Common Council. Such requests for approval shall be submitted to the City Director of Community Development, as representative of City.

6 102 (8) Developer further agrees to the following:

(a) At Developer’s expense, Developer shall cause to be prepared a staked ALTA survey for the Property including, without limitation, as reasonably necessary to determine boundaries and utility locations, what may be required by the City Surveyor or his designee.

(b) At Developer’s expense, a survey or plat of the Property will be prepared for approval by the City Zoning Administrator, or his designee, which conforms to the approved general site development plan and shows thereon the areas, if any, dedicated to the public and specified use thereof.

(c) Easements on the Property for municipally owned storm sewer and water mains shall be granted by Developer to City or its designee where necessary, by mutually agreed upon separate document, or pursuant to the CSM or plat, in accordance with detailed utility plans approved by the City Director of Public Utilities, or his designee.

(d) No future structures, including but not limited to utility buildings and tool sheds, shall be constructed or installed on any portion of the Property by Developer without City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. The definition of structure shall be the definition contained within the City Zoning Ordinance.

(e) Developer shall not be required to dedicate any of the Property for public purposes, except as shown in Exhibit A, nor to pay any costs for improvements not shown in Exhibit A.

(f) Developer shall pay impact and building permit fees to City in a total amount not to exceed $45,000, upon issuance of the City building permit for the Project. Such payment amount shall be full payment of all impact fees.

(g) Developer shall cause its member, David J. Weiss, to personally guaranty all performance, and Minimum Tax Increment payment obligations including any shortfall obligations required by this Agreement by execution of a personal guaranty in a form mutually acceptable to City, Developer, and Mr. Weiss, not later than the Closing. In the event the parties cannot agree upon a form of guaranty, then the Development shall terminate and Developer shall reimburse City for all expenses City incurred for the Development including but not limited to legal fees and financial consultant fees.

Section 4.2 City Obligations City undertakes the following obligations, in consideration of the obligations of Developer in Section 4.1, above.

(1) City shall timely complete all necessary or required zoning, development and use reviews for the Project, pursuant to applicable City Ordinances.

7 103 (2) City shall provide support for the Project Costs to Developer or its designee, and as allowed under and pursuant to sec. 66.1105, Stats. (the “City Support”) in the amount shown in the Schedule attached hereto as Exhibit F. Such City Support is conditioned upon the successful creation of TID No. 10.

The City Support is conditioned upon Developer’s compliance with Sections 4.1(2), (3) and (4) herein.

Section 4.3 Funding the City Support for The Project Costs. City shall provide City Support for the Project Costs of Developer by paying to Developer a total of $2,000,000, $1,500,000 of which shall be paid when the Project is 75% complete and $500,000 of which shall be paid on issuance of the occupancy permit for the Project.

Section 4.4 Excess TIF Revenues. If there are any Excess TIF Revenues in any year paid to Developer, such Excess TIF Revenues shall be used to first reimburse Developer for any previous Differential Payments, with any remaining Excess TIF Revenues carried forward to be used to offset any future required Differential Payments. Developer acknowledges that City’s obligations under this section will terminate at the same time as the termination of Developer’s obligations under this Agreement.

ARTICLE V PROPERTY BASE VALUE

City represents and agrees that the base year value of the Property in City is $87,500. All taxes for the Property paid based on values in excess of such amount are part of the incremental TIF Revenues.

ARTICLE VI COVENANTS RUNNING WITH THE LAND

This Agreement constitutes the entire Agreement between the Parties, and all provisions of this Agreement shall be deemed to be covenants running with the land described on Exhibit A and shall be binding upon successors and assigns for the Term of this Agreement.

ARTICLE VII REMEDIES

Section 7.1 Time of the Essence. Time is of the essence as to all dates under this Agreement.

Section 7.2 Event of Default. In the event any Party defaults under this Agreement, which default is not cured within thirty (30) days after written notice thereof to the defaulting Party or within such extended period required to cure the default, provided cure efforts are undertaken in good faith within the thirty (30) period and the defaulting Party is diligently pursuing such cure, the nondefaulting Party shall have all rights and remedies available under

8 104 law or equity with respect to the default, except as otherwise set forth in this Agreement. In the event of any default by any Party in making a payment required to another Party, the cure period for such monetary default shall be ten days after delivery of notice thereof. In addition, and without limitation, any of the Parties shall have the following specific rights and remedies following such notice and failure to cure:

(1) Injunctive relief,

(2) Action for specific performance; and

(3) Action for money damages.

Notwithstanding the foregoing, in no event may City exercise or seek any rights of injunction or specific performance for Developer’s failure to commence the Project.

Section 7.3 Reimbursement. Any amounts expended by the nondefaulting Party in enforcing this Agreement including reasonable attorneys’ fees, together with interest provided for below, shall be reimbursed or paid to the nondefaulting Party which prevails in any such enforcement.

Section 7.4 Interest. Interest shall accrue on all amounts required to be reimbursed by the defaulting Party to the nondefaulting Party at the Prime Rate as established from time to time by Citibank, N.A. plus two percent (2%) per annum, from the date of payment by the nondefaulting Party until the date reimbursed in full with accrued interest.

Section 7.5 Remedies are Cumulative. Except as specified in this Agreement, all remedies provided herein shall be cumulative and the exercise of one remedy shall not preclude the use of any other or all of said remedies.

Section 7.6 Failure to Enforce Not Waiver. Failure to enforce any provision contained herein shall not be deemed a waiver of that Party’s rights to enforce such provision or any other provision in the event of a subsequent default.

Section 7.7 Mediation. Prior to litigation, and as a condition precedent to bringing litigation, any Party deeming itself aggrieved under this Agreement shall be obligated to request nonbinding mediation of the dispute. Mediation shall proceed before a single mediator. The Parties shall agree upon a mediator and if they fail to do so within 30 days of the request for mediation; either Party may apply to Portage County Circuit Court, for the designation of a mediator. In the event the Parties do not accept the mediator’s recommendation, the aggrieved Party may then commence an action. However, the Parties shall participate in alternative dispute resolution, if ordered by the Court.

9 105 ARTICLE VIII AMENDMENT

This Agreement may be rescinded, modified or amended, in whole or in part, only by mutual agreement of the Parties hereto, or their successors and/or assigns, in writing signed by all Parties.

ARTICLE IX MISCELLANEOUS PROVISIONS

Section 9.1 Execution in Multiple Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Section 9.2 Construction. The Parties acknowledge and represent that this Agreement has been the subject of negotiation by all Parties and that all Parties together shall be construed to be the drafter hereof and this Agreement shall not be construed against any Party individually as drafter.

Section 9.3 Legal Relationship. Nothing in this Agreement shall be construed to create an employer/employee relationship, joint employer, joint venture or partnership relationship, or a principal/agent relationship.

Section 9.4 Survival. All agreements, representations, covenants and warranties made herein shall survive the execution of this Agreement and the making of the grants hereunder. This Agreement shall be binding upon the Parties, their respective successors and assigns.

Section 9.5 No Waiver. The failure of any Party to require strict performance of any provision of this Agreement will not constitute a waiver of the provision or of any other of that Party’s rights under this Agreement. Rights and obligations under this Agreement may only be waived or modified in writing. A writing waiving a right must be signed by the Party waiving the right. If an obligation of a Party is being waived or released, the writing must be signed by the affected Parties. Waiver of one right, or release of one obligation, will not constitute a waiver or release of any other right or obligation of any Party. Waivers and releases shall affect only the specific right or obligation waived or released and will not affect the rights or obligations of any other Party that did not sign the waiver or release.

Section 9.6 Severability of Provisions. If any provision of this Agreement shall be held or declared to be invalid, illegal or unenforceable by reason of its being contrary to any applicable law, such provision shall be deemed to be deleted from this Agreement without impairing or prejudicing the validity, legality or enforceability of the remaining provisions.

Section 9.7 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Wisconsin.

10 106 Section 9.8 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any Party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and

(a) in the case of Developer is addressed to or delivered personally to:

General Capital Acquisitions, LLC 6938 N. Santa Monica Blvd. Fox Point, WI 53217 ATTN: David J. Weiss

(b) in the case of City is addressed to or delivered personally to:

City of Stevens Point 1515 Strongs Ave. Stevens Point, WI 54481 Attn: City Clerk or at such other address with respect to any such Party as that Party may, from time to time, designate in writing and forward to the other, as provided in this Section.

Section 9.9 Force Majeure. As used herein, the term “Force Majeure” shall mean any accident, breakage, war, insurrection, civil commotion, riot, act of terror, act of God or the elements, governmental action (except for governmental action by City with respect to obligations of City under this Agreement) alteration, strike or lockout, picketing (whether legal or illegal), inability of a Party or its agents or contractors, as applicable, to obtain fuel or supplies, unusual weather conditions, or any other cause or causes beyond the reasonable control of such Party or its agents or contractors, as applicable. No Party to this Agreement shall be in default hereunder for so long as such Party or its agents and contractors, if applicable, are prevented from performing any of its obligations hereunder due to a Force Majeure occurrence.

Section 9.10 Term. This Agreement shall continue from the Effective Date until either the date all Bonds issued or reissued to finance or refinance for City Support to Developer have been paid in full, or the closing of TID No. 10 (the “Term”).

Section 9.11 Restrictions of Sale, Transfer, Conveyance and Ownership. During the Term of this Agreement, neither Developer nor any future owner shall use, sell, transfer or convey ownership of any of the Property to any person or entity, in any manner which would render all or any part of the Property exempt from real property taxation, or would render the personal property located on any of the Property exempt from personal property taxation, without the prior written consent of City, and this Agreement constitutes a deed restriction effectuating this provision.

11 107 Section 9.12 Recording. The Parties shall execute, and City shall record in the Register of Deeds office for Portage County, a memorandum of this Agreement.

[The remainder of this page intentionally left blank.]

12 108 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date indicated.

GENERAL CAPITAL ACQUISITIONS, LLC

Dated: By: Title:

CITY OF STEVENS POINT, WISCONSIN

Dated: By: Name: Title:

Dated: By: Name: Title:

13

109 STATE OF WISCONSIN ) ) ss. MILWAUKEE COUNTY )

Personally came before me this _____ day of ______, 2018, the above- named______, to me known to be the person who executed the foregoing instrument and acknowledged the same, as the act and deed of General Capital Acquisitions, LLC, by its authority.

Notary Public, State of Wisconsin

My Commission expires:

STATE OF WISCONSIN ) ) ss. PORTAGE COUNTY )

Personally came before me this _____ day of ______, 2018, the above-named ______, and ______, the City ______and ______, respectively of the City of Stevens Point, a Wisconsin municipal corporation, to me known to be the persons who executed the foregoing instrument and acknowledged the same, as the act and deed of said municipality, by its authority.

Notary Public, State of Wisconsin

My Commission expires:

32161658_34.DOCX

14 110 EXHIBIT A

Legal Description

To be inserted once completed

111 EXHIBIT B

Developer Representatives

112 EXHIBIT C

Topographical Map

To be inserted once completed

113 EXHIBIT D

Plot Plan

To be inserted once completed

114 EXHIBIT E

Building Plans

Renderings will be replaced with official documents once completed

115 116 117 118 STEVENS POINT DEVELOPMENT SCALE: 1/32” = 1’-0”

SITE PLAN 119 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS

PERSPECTIVE VIEW PERSPECTIVE 120 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS

PERSPECTIVE VIEW PERSPECTIVE 121 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS

PERSPECTIVE VIEW PERSPECTIVE 122 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS

PERSPECTIVE VIEW PERSPECTIVE 123 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS 1’-0” = 1/16” SCALE:

WESTELEVATION 124 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS 1’-0” = 1/16” SCALE:

NORTHELEVATION 125 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS 1’-0” = 1/16” SCALE:

EAST ELEVATIONEAST 126 10/31/2018 STEVENS POINT DEVELOPMENTPOINTSTEVENS 1’-0” = 1/16” SCALE:

EAST ELEVATIONEAST 127 10/31/2018 EXHIBIT F

Schedule

128 General Capital Stevens Point - TID Proforma (revised 12.6.18)

Base Value $ 87,500 Mill Rate s 22.20 constant $2,000,000 4.75o/o Interest 24 Years 2020. Bonds Net Surplus / Increment Total Debt Principal NIR after Deficit Year Actual Value Revenue Base Revenue Revenue Principal Interest Payments Debt Balance Debt Account 2019 87,500 7,943 1,943 2020 1,600,000 35,520 1,943 33,578 2.000.000 33,578 33.578 2021 6,400,000 142,080 1,943 140,138 46,437 95,000 t41,437 1,953,563 (1,300) 32,278 2022 6,400,000 142,080 1,943 140,138 48,643 92.794 141.43',7 1.904p20 (1,300) 30,978 2023 6,400,000 142,080 1,943 140,138 s0,954 90,484 t4t,43l I,853,966 (1.300) 29.678 2024 6,400.000 r42.080 1.943 140,138 53.374 88.063 141,431 1,800,592 (r,300) 28,378 2025 6,400,000 142,080 1,943 140,138 55,909 85,528 t41,431 1,744,683 (1,300) z',l.078 2026 6,400,000 142,080 t.943 140,138 58.565 82,812 141,437 l ,686,l 18 (1,300) 25,778 2027 6,400,000 142,080 1,943 140,138 6t,347 80,091 141,437 t.624,771 (1.300) 24,479 2028 6,400,000 142,080 1,943 140,138 64,261 77,177 141,437 1,560,510 (1,300) 23,t79 2029 6,400,000 142,080 t,943 140,138 67.313 74.t24 141.437 1,493,197 (1,300) 21,879 2030 6,400,000 142,080 1,943 140,138 70,510 70,927 14t,43',7 1,422,687 0,300) 20,579 2031 6,400,000 142.080 1.943 140,138 73,860 61,518 141,437 1,348,827 (r,300) 19,279 2032 6,400,000 142,080 1,943 140,138 77,368 64"069 141,437 r,211.459 (1.300) t7.979 2033 6,400,000 142,080 1,943 140,138 8l,043 60,394 t41,437 1,190,416 (l,300) 16,680 2034 6,400,000 142,080 1,943 140,138 84,893 56,545 t4t,437 1,105,523 0.300) 15.380 203s 6,400,000 142.080 1.943 140,138 88,925 \) \1) 141,437 I ,01 6,598 (l,300) 14,080 2036 6,400,000 142,080 1,943 140,138 93,149 48,288 141,437 923,450 0,300) 12,780 2037 6,400,000 r42.080 1.943 140,1 38 97.573 43.864 141,437 825,876 (1,300) 11,480 2038 6,4oo,oo0 142,080 1,943 140,138 102,208 39,229 t4t,431 723,668 (1.300) 10,1 80 2039 6.400,000 142,080 t.943 140,138 r07.063 34.374 141,431 616,60s (1,300) 8,881 2040 6,4oo,oo0 142,080 1,943 140,138 tt2,t49 29,289 141,431 504,456 (1.300) 7,581 2041 6,400,000 142,080 t.943 140,138 t17.4'76 23,962 141,437 386,980 (1,300) 6,281 2042 6,400,000 142,080 1,943 140,138 r23,056 18,382 141,437 263,925 (1,300) 4,981

2043 6,400,000 t42,080 1.943 1 40,1 38 128.901 t2.536 141,437 135,024 (1,300) 3,681 2044 6,400,000 142,080 1,943 140,138 135,024 6,414 141,437 (0) (1,300) 2,381 TOTALS 3,447,383 50,505 3,396,878 2,ooo,ooo 1,394,496 3,394,496 2,381

129 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 Subsection 30.06(g) of the Revised Municipal Code of the City of Stevens Point, Premises, is hereby amended to read as follows:

(g) Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street fronting the property, and shall not be obstructed by any structural element, plant, tree, shrub, or similar obstruction. These address numbers shall contrast with their background, be Arabic numerals or alphabet letters, and such address numbers shall not be written out in script. If in the opinion of the Building Inspector, or his/her designee, the address numbers are difficult to identify, he/she shall have the authority to approve alternate locations and/or requirements in order to improve the visibility. Specific building types shall have address numbers as follows:

i. All single-family and two-family residential buildings shall have address numbers not less than two inches in height. Such address numbers shall be located within four feet of the primary entrance door on the street side where the building is addressed. If such building is located more than 40 feet from the front property line, the property owner must place and maintain the required numbers on a mailbox or a signpost located at or near the front property line. ii. All multifamily buildings shall have address numbers not less than six inches in height. Such address numbers shall be located within four feet of the primary entrance door on the street side where the building is addressed. At the entrance of each access drive for three or more buildings there shall be a directory listing of the address numbers and building identifications that are accessible from said street, service drive, or parking lot. iii. All commercial or industrial buildings shall have address numbers not less than six inches in height. Such address numbers shall be located within four feet of the primary entrance door on the street side where the building is addressed. iv. All multiple tenant buildings shall have address numbers not less than six inches in height. Such primary address numbers shall be located on the exterior wall of the building on the street side where the building is addressed. In addition, each tenant suite shall maintain a separate individual address numbers not less than six inches in height. Such address numbers shall be located within four feet of the primary tenant entrance door. Furthermore, if tenants have a rear service door, contrasting and reflective address numbers not less than six inches in height shall be located on each door.

SECTION II: This ordinance shall take effect upon passage and publication as provided by law.

APPROVED: ______Mike Wiza, Mayor

ATTEST: ______Paul Piotrowski, City Clerk Dated: December 13, 2018 Adopted: December 17, 2018 Published: December 21, 2018

130 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 24.27 of the Revised Municipal Code, City Ordinance Citations and Bond Schedule, is hereby amended to read as follows:

24.27 CITY ORDINANCE CITATIONS AND BOND SCHEDULE.

(1) Citations. As authorized by Section 66.0113 of the Wisconsin Statutes, the use of a citation is authorized to be issued for violations of ordinances of the city of Stevens Point. The form of the citation shall be in substantial conformance with the format as it appears in Exhibit A attached.

(2) Authorized Representatives Receiving Cash Deposits. The Stevens Point -Plover Municipal Court Clerk and the Stevens Point Chief of Police, and their authorized representatives, shall be authorized to receive cash deposits. The person receiving such deposit shall provide a receipt to the person making such deposit.

(3) Persons Authorized to Issue Citations.

(a) Law enforcement officers of the City of Stevens Point.

(b) Restricted to the issuance of citations for those violations listed in the deposit schedule and which are directlyed related to their specific responsibilities:

1. Humane officers of the City of Stevens Point.

2. Parks & Recreation Director of the City of Stevens Point and his/her authorized representatives.

3. Building, electrical, heating, ventilation, housing, plumbing, and street inspectors of the City of Stevens Point and their authorized representatives.

4. Director of Public Works of the City of Stevens Point and his/her authorized representatives.

5. Fire Chief of the City of Stevens Point and his/her authorized representatives.

6. The Comptroller/Treasurer of the City of Stevens Point and his/her authorized representatives.

7. Zoning Administrator and his/her authorized representatives.

8. Director of Community Development and his/her authorized representatives.

9. Neighborhood Improvement Coordinator, and his/her authorized representative

131

(c) Community Service Officers employed by the Police Department. Such officers shall have the authority to issue citations of the following types:

1. Dog running at large as prohibited by RMC 14.17. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Adjust space between 2. Howling animals and other loud animals as prohibited by RMC 14.21. Latin and Asian text, Adjust space between Asian text and numbers 3. Park closing hours as prohibited by RMC 10.05. Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Adjust space between (4) Unauthorized disposition of citations. Any person who, with intent, solicits or aids in the Latin and Asian text, Adjust space between Asian text and numbers disposition or attempted disposition of a citation in any unauthorized manner shall be in Formatted: Indent: Left: 0.5", No bullets or numbering, contempt of the court having original jurisdiction of said cause of action. Tab stops: Not at 0.25" + 0.5" + 0.75" + 1" + 1.25" + 1.5" + 1.75" + 2" + 2.25" + 2.5" + 2.75" + 3" + 3.25" + 3.5" + 3.75" + 4" + 4.25" + 4.5" + 4.75" + 5" + (5) The basic amount of the deposit for the alleged violation shall be in accordance with 5.25" + 5.5" + 5.75" + 6" + 6.25" + 6.5" + 6.75" + 7" Exhibit A attached. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Adjust space between Latin and Asian text, Adjust space between Asian text and numbers SECTION II: This ordinance shall take effect upon passage and publication, as provided by law.

APPROVED:______Mike Wiza, Mayor

ATTEST: ______Paul Piotrowski, City Clerk

Dated: December 5, 2018 Approved: December 17, 2018 Published: December 21, 2018

132 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 subsection 24.56 of the Revised Municipal Code, Possession of Vapor Products by Minors, is hereby created to read as follows:

24.56 (1) Statement of Purpose:

(a) The purpose of this ordinance is to protect the public health, safety and welfare of the property and persons in the city by prohibiting persons under eighteen (18) years of age from possessing and vapor products, and prohibiting the sale of vapor products to persons under eighteen (18) years of age.

(b) Persons under age eighteen (18) are prohibited by law from purchasing or possessing cigarettes and other tobacco products, and retailers are prohibited from selling them to minors. New tobacco-less products, however, commonly referred to as “electronic cigarettes,” “e-cigarettes,” “e-cigars,” “e-cigarillos,” “e-pipes,” “e-hookahs,” or “electronic nicotine delivery systems,” allow the user to simulate cigarette smoking. These products may be purchased by minors and are being marketed without age restrictions or health warnings and come in different flavors that appeal to young people.

(c) E-cigarettes, and similar devices, are a relatively new nicotine delivery system. While devices vary in their appearance and specific method of operation, they have several basic elements in common. A solution of water, dissolved nicotine, and other ingredients (usually flavoring) is heated with a heating element (usually battery-powered). This vaporizes the nicotine solution, which passes into a mouthpiece and is inhaled in a manner similar to cigarette smoking. Often, glycerol or propylene glycol is added to the solution to give the appearance of smoke when the solution is vaporized. The concentration of nicotine contained in the solution can be customized by the retailer to the buyer’s specifications, and many manufacturers make nicotine-free solutions.

(d) The production and distribution of e-cigarettes is not currently regulated by federal or state authorities, and the U.S. Food and Drug Administration has not completed testing of these products. However, initial studies by the FDA have determined that e-cigarettes can increase nicotine addiction among young people and contain chemical ingredients known to be harmful, which may expose users and the public to potential health risks.

(e) The use of e-cigarettes and similar devices has increased significantly in recent years.

(f) Existing studies on electronic smoking devices’ vapor emissions and cartridge contents have found a number of dangerous substances including: • Chemicals known to cause cancer such as formaldehyde, acetaldehyde,

133 lead, nickel and chromium; • PM 2.5, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from heart attacks and stroke.

(g) Some cartridges used by electronic smoking devices can be refilled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine.

(h) Clinical studies about the safety and efficacy of these products have not been submitted to the FDA for the over four hundred (400) brands of electronic smoking devices that are on the market and for this reason, consumers have no way of knowing whether electronic smoking devices are safe, what types of potentially harmful chemicals the products contain, and what dose of nicotine the products deliver.

(i) Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products.

(j) The use of electronic smoking devices in smoke-free locations threatens to undermine compliance with smoking regulations and revers the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.

(k) It is the intent of the Common Council, in enacting the ordinance codified in this section, to provide for the public health, safety and welfare by facilitating uniform and consistent enforcement of smoke-free air laws; by reducing the potential for re-normalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices with a normative or healthy lifestyle; and by prohibiting the sale or distribution of electronic smoking devices to minors.

(l) Therefore, the Stevens Point Common Council determines that prohibiting the sale, giving, or furnishing of vapor products to minors and prohibiting the purchase, possession, or use of vapor products by minors is in the City’s best interest and will promote public health, safety, and welfare.

(2) Definitions

(a) “Minor” means an individual who is less than eighteen (18) years of age.

(b) “Person who sells vapor products at retail” means a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.

134 (c) “Public place” means a public street, sidewalk, or park or any area open to the general public in a publically owned or operated building or premises, or in a public place of business or school.

(d) “Use of a vapor product” means to suck, inhale, or otherwise consume a vapor product.

(e) Vapor product means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.

(3) Prohibited Conduct

(a) Consistent with Wis. Stat. 254.92, a minor shall not do any of the following: I. Purchase or attempt to purchase a vapor product. II. Possess or attempt to possess a vapor product III. Use a vapor product in a public place IV. Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a vapor product.

(b) No individual, regardless of age, who is enrolled in secondary school may possess or attempt to possess a tobacco product or vapor product while on school property.

(c) An individual who violates subsection (3)(a) shall be subject to the penalties listed in the juvenile bond schedule.

(d) An individual who violates subsection (3)(b) shall be subject to the following penalties: I. For the first violation, the person is responsible for a civil infraction punishable by a forfeiture of fifty dollars ($50.00). II. For a second and subsequent violation, the person is responsible for a civil infraction punishable by a forfeiture of seventy-five dollars ($75.00).

(4) Exception

(a) Subsection (3) does not apply to a minor participating in any of the following: (a) An undercover operation in which the minor purchases or receives a vapor product under the direction of the minor’s employer and with the prior

135 approval of the local prosecutor’s office as part of an employer-sponsored internal enforcement action. (b) An undercover operation in which the minor purchases or receives a vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation

(b) Subsection (3) does not apply to the handling or transportation of a vapor product by a minor under the terms of that minor's employment.

(5) Furnishing to Minors

Consistent with Wis. Stat. 134.66:

(a) A person shall not sell, give or furnish any vapor product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection is subject to a fine of not more than one hundred dollars ($100.00) for each violation.

(b) Subsection (a) of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.

(c) Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least eighteen (18) years of age by doing one (1) of the following: (a) Examining a government-issued photographic identification that establishes that the individual is at least eighteen (18) years of age. (b) For sales made by the internet or other remote sales method, performing an age verification through an independent, third- party age verification service that compares information available from a commercially available database, or aggregate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is eighteen (18) years of age or older.

APPROVED: ______Mike Wiza, Mayor

ATTEST: ______Paul Piotrowski, City Clerk Dated: December 5, 2018 Approved: December 17, 2018 Published: December 21, 2018

136

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 subsection 161 of Section 9.05(j) of the Revised Municipal Code, No Parking Here to Corner is hereby created to read as follows:

9.05(j) 161. On the east side of Phillips Street from Briggs Street to a point 60 feet north.

SECTION II: This ordinance change shall take effect upon passage and publication:

APPROVED: Mike Wiza, Mayor

ATTEST: Paul Piotrowski, City Clerk

Dated: November 26, 2018 Approved: December 17, 2018 Published: December 21, 2018 137