CITY OF STEVENS POINT REGULAR COUNCIL MEETING. Council Chambers June 19, 2017

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1 CITY OF STEVENS POINT REGULAR COUNCIL MEETING Council Chambers June 19, 2017 County-City Building 7:00 P.M Church St 1. Roll Call. 2. Salute to the Flag and Mayor s opening remarks. 3. *Persons who wish to address the Mayor and Council on specific agenda items other than a Public Hearing must register their request at this time. Those who wish to address the Common Council during a Public Hearing are not required to identify themselves until the Public Hearing is declared open by the Mayor. 4. Persons who wish to address the Mayor and Council for up to three (3) minutes on a nonagenda item. 5. Kent Hall Presentation of the Bird City Wisconsin s High Flyer award. 6. Curt Witynski, Wisconsin League of Municipalities Presentation on Green Tier Legacy Communities and League Updates. Consideration and Possible Action on the Following: 7. Minutes of the Common Council meeting of May 15 and the Special Common Council meeting of May 22, Actions of the City Plan Commission meeting of June 5, Request from Bailey Voigt, representing the property owner, for a sign variance to install a wall sign above the signable area and beyond the total allowable signage at 1265 Main Street, Stevens Point. 9. Resolution Conditional Use Permit Utilize Traditional Neighborhood Overlay District reduced setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue, Stevens Point. 10. Resolution Conditional Use Permit Utilize Traditional Neighborhood Overlay District reduced setback standards to construct a front porch at 1902 Dixon Street, Stevens Point. 11. Resolution Conditional Use Permit Operate a Warming Shelter (temporary housing) at 1300 Main Street, Stevens Point. 12. Ordinance Amendment Zoning Allow the use of Tourist Rooming Houses as a permitted or conditional use within the R-3 Single and Two-Family Residence Zoning District (Section 23.02(1)(e) of the RMC). 13. Ordinance Amendment Uniform Sign Create a provision for wall signs outside of the signable area (Section (8)(D) of the RMC). 1

2 14. Ordinance Amendment Zoning Increase residential driveway width standards and permit widening of the driveway within the front yard setback (Section 23.01(14) of the RMC). 15. Minutes and actions of the Board of Public Works meeting of June 12, Ordinance Amendment Traffic No Parking on sections of Crosby Avenue, Franklin Street and Portage Street (Section 9.05 (g) and 9.05 (j) of the RMC). 17. Public Hearing Special Assessment for a section of Maria Drive for sidewalk, curb and gutter reconstruction. 18. Final Resolution Special Assessment for a section of Maria Drive for sidewalk, curb and gutter reconstruction. 19. Minutes and actions of the Personnel Committee meeting of June 12, Contracting with Springsted for position classification placement for newly created positions and reclassification requests. 2. Amendment to Administrative Policy 2.05 Position Reclassifications. 3. New Position Requests: Parks (Assistant Facilities Supervisor), Engineering (GIS/Engineering Technician). 4. Request for employment overlap for the Facilities Supervisor position. 20. Minutes and actions of the Public Protection Committee meeting of June 12 and the minutes of the Special Public Protection Committee meeting of May 15, License List. 2. Requests to hold Special Events/Street Closures. 21. Authorization to apply to the Green Tier Legacy Community Charter. 22. Minutes and actions of the Finance Committee meeting of June 12, Contract with Steven Shepro, doing business as Forward Appraisal, for assessment services. 5. Authorization for direct procurement of parking kiosks under the state contract. 6. Approval of Payment of Claims. 23. Claim - Notice of Circumstances of Claim & Claim for Damages: Carol Laskowski Tire Damage. 24. Claim - Notice of Circumstances of Claim & Claim for Damages: Conduent Payment Integrity Solutions on behalf of Cigna-Injury at the Willett Ice Arena (Zachary Rosado/Efrain Rosado). 25. Settlement Agreement Various individual claimants regarding alleged impacts to privately owned wells attributable to the City s Well Actions of the Police and Fire Commission meeting of May 2, Confirmation of Bills. 27. Actions of the Board of Park Commissioners of June 7, Actions of the Transportation Commission meeting of June 8, Approve award to SRF Consulting for Transportation Development Plan. 2

3 5. Approve award to Service Motor Company for 60 zero turn mower, and to Riesterer and Schnell, Inc. for a 21 self-propelled walk behind mower. 29. Statutory Monthly Financial Report of the Comptroller-Treasurer. 30. Adjourn into closed session (approximately 8:00 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. Review of the contract with Architect s Group Ltd. for Edgewater Manor engineering services; b. Negotiating the terms of a development agreement for a property within Tax Incremental Financing District 6 (Downtown TID); c. Negotiating the terms of a development agreement for a property within Tax Incremental Financing District 5 (Division Street TID); d. Negotiating the potential purchase, sale, and/or lease of real estate in order to meet current needs for City administrative and police department facilities; and e. Negotiating the potential purchase of land for future development opportunities, and/or negotiating the terms of a development agreement. 31. Adjournment. RMC Revised Municipal Code Persons who wish to address the Common Council may make a statement as long as it pertains to a specific agenda item. Persons who wish to speak on an agenda item will be limited to a five (5) minute presentation. Any person who wishes to address the Common Council on a matter which is not on the agenda will be given a maximum of three (3) minutes and the time strictly enforced under the item, Persons who wish to address the mayor and council on non-agenda items. Individuals should not expect to engage in discussion with members of the City Council and City staff. Any person who has special needs while attending this meeting or needing agenda materials for this meeting should contact the City Clerk as soon as possible to ensure a reasonable accommodation can be made. The City Clerk can be reached by telephone at (715) or by mail at 1515 Strongs Avenue, Stevens Point, WI 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

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5 CITY OF STEVENS POINT REGULAR COUNCIL MEETING Council Chambers May 15, 2017 County-City Building 7:00 P.M Church Stag Mayor Mike Wiza, Presiding PRESENT: OTHERS PRESENT: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Attorney Beveridge, Clerk Moe, C/T Ladick, Dir. Schrader, Dir. Ostrowski, Dir. Lemke, Assessor Shepro, Fire Chief Finn, Assistant Pazdernik, Manager Jakusz, Nate Enwald, Portage County Gazette; Brandi Makuski, City Times. 2. Salute to the Flag and Mayor s opening remarks. Mayor Wiza welcomed new alderpersons Tori Jennings and Cindy Nebel, noted the retirements of Rick Gawlik and Kevin Ruehl of the Streets Department, and brought attention to Creative Economy Week. 3. *Persons who wish to address the Mayor and Council on specific agenda items other than a Public Hearing must register their request at this time. Those who wish to address the Common Council during a Public Hearing are not required to identify themselves until the Public Hearing is declared open by the Mayor. Mayor Wiza reminded citizens to register at this time. 4. Persons who wish to address the Mayor and Council for up to three (3) minutes on a nonagenda item. Megan Munyan, 3601 Page Dr. #4, Plover, representing Central Rivers Farmshed; introduced Central Rivers Farmshed and their efforts to understand why people do or do not attend Farmer s Markets. Greg Wright, 1217 Franklin St., representing CREATE Portage County; described some of the events that would be held for Creative Economy Week. 5. Presentation by Senior Poppy Princess Rebecca Smart and Junior Poppy Princess Angelina Smart. Mayor Wiza made a proclamation for the Senior and Junior Poppy Princesses. Senior Poppy Princess Rebecca Smart read the poem, In Flanders Field. 5

6 Junior Poppy Princess Angelina Smart described the symbolism behind the poppy flower for veterans. Consideration and Possible Action on the Following: 6. Minutes of the Common Council meeting of April 17, the ReOrganization meeting of April 18 and the Special Common Council meetings of May 4 and May 8, Ald. Johnson moved, Ald. Morrow seconded, to approve the minutes of the Common Council meetings of April 17, April 18, May 4 and May 8, Ald. Shorr noted a correction to the appointments as George Doxtator was not replaced on the Housing Authority. Mayor Wiza clarified that originally he thought the Housing Authority had an aldermanic position, necessitating the replacement of former Alderperson George Doxtator, but that was not the case. As a result, Mr. Doxtator would continue his term on the Housing Authority. Call for the Vote: Ayes: All. Nays: None. Motion adopted. 7. Actions of the City Plan Commission meeting of May 1, Request from Bailey Voigt, representing the property owner, for a sign variance to install wall signs above the signable area and beyond the total allowable signage at 1265 Main Street (Parcel ID: ). Ald. Phillips moved, Ald. Oberstadt seconded, to approve the actions of the City Plan Commission meeting of May 1, Call for the Vote: Ayes: All. Nays: None. Motion adopted. 8. Resolution Conditional Use Permit - Request to increase residential occupancy at 1700 Monroe Street (Parcel ID ). Ald. Johnson moved, Ald. McComb seconded, to approve the resolution for a Conditional Use Permit to increase residential occupancy at 1700 Monroe St. Ald. Dugan expressed concern for the fire safety of the property after meeting with Fire Chief Finn, and asked him if he recommended wired fire alarms for the property. Fire Chief Finn replied the Fire Department s first two recommendations for the building were accepted, but they also felt strongly that connected smoke detectors were needed. Ald. Dugan asked what the cost of installing connected smoke detectors would be. Fire Chief Finn replied he did not know, but added a long term payment plan could be used. 6

7 Ald. Jennings asked Fire Chief Finn if sheet rock was required in the basement space. Fire Chief Finn replied that he did not know. Mayor Wiza asked if the property passed the fire inspection. Fire Chief Finn replied that it did pass the fire inspection, but thought the conditional use permit could be used to make the property safer. Ald. Johnson asked Fire Chief Finn to retell a story from a rental inspection discussion. Fire Chief Finn told a story from a fire at a college student rental unit where a recent Christmas present of a smoke detector saved a student s life. Ald. Morrow asked Kevin Orlikowski about the fire safety measures of the building. Kevin Orlikowski, Plover, representing Turn of the Century LLC; stated all the smoke detectors are checked regularly, open flames are banned in the building and the current smoke detectors can be heard throughout the building. He also stated staff lives on the site. Ald. Dugan described the poor condition of the building during her visits to the property and asked if a timeline for maintenance corrections could be made. Mayor Wiza directed Ald. Dugan s inspection concerns to Dir. Ostrowski. Dir. Ostrowski stated a number of maintenance issues were found on inspection and would need to be corrected regardless of the result of this Conditional Use Permit request. Ald. Shorr recalled that connected smoke detectors had been considered cost prohibitive, but asked if they could be implemented over time. Mr. Orlikowski stated that the age of the building necessitated many other repairs. He stated in order to accommodate connected smoke detectors the electricity would have to be rewired and that cost would be passed on to the lower-income occupants. Ald. Phillips asked for the opinion of the alderperson the property is located in, Ald. McComb. Ald. McComb was conflicted between the financial constraints of the applicant and the desire for additional fire safety. Ald. Kneebone asked if other smoke detector options could circumvent the rewiring concerns and be easier financially. Fire Chief Finn stated ADA compliance was essential and emphasized the importance of connected smoke detectors, but was uncertain about financial specifics. Ald. Johnson repeated Ald. Jennings question asking if sheet rock in the basement could be used as a fire barrier. 7

8 Fire Chief Finn wasn t sure if it was required by Code. Mayor Wiza reminded the Council that the property had passed the fire inspection. Fire Chief Finn stated that was correct. Ald. Slowinski wondered if other options could be used to increase fire safety in the building by working with the applicant. Ald. Oberstadt asked if the full cost of the connected smoke detectors would be too expensive for the lower-income occupants of the building. Mr. Orlikowski replied that was correct. Ald. Oberstadt asked for financial specifics regarding implementing smoke detectors. Mayor Wiza added that housing for lower-income citizens is a priority for Stevens Point mentioning the United Way ALICE report coming soon. Ald. Nebel expressed concern over the safety of the building s current occupants before considering increasing the capacity. Mayor Wiza reiterated that the building passed the fire inspection. Dir. Ostrowski recommended using approval of the Conditional Use Permit as a way to discuss with the applicant ways to alleviate Fire Chief Finn s smoke detector concerns. Ald. Johnson withdraws her motion to increase residential occupancy at 1700 Monroe St. Ald. Johnson moved, Ald. Nebel seconded, to postpone the decision for a month with the suggestion that the applicant work with the staff to address the smoke detector condition recommended by Fire Chief Finn. Ald. Shorr discussed the financial difficulty in addressing the need for affordable housing for lower-income citizens. Ald. Morrow spoke for the strong desire of the applicant to provide affordable housing in the community and the challenges they ve faced in maintaining the old building. Ald. Jennings stated that although the building passed inspection, she did not want to dismiss the concerns of Fire Chief Finn. Ald. Dugan was pleased with the possibility of coming together to find a cost-effective solution to Fire Chief Finn s smoke detector concerns. Ald. Kneebone requested the postponement to be brief for the sake of the applicant. 8

9 Mayor Wiza expressed concern that a cost-effective alternative might not be found within a month. Fire Chief Finn stated that Dir. Ostrowski recently found smoke detectors that would be costeffective and address the fire safety concerns. Call for the Vote: Ayes: Majority. Nays: Minority. Motion adopted. 9. Resolution Transfer of approximately 0.22 acres of land from the City of Stevens Point to TS James LLC north of Clem s Way and west of Worth Court (Parcel ID: ). Ald. Phillips moved, Ald. Oberstadt seconded, to approve the transfer of the 0.22 acres. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted. 10. Resolution Introduction Vacation of a portion of public right-of-way on Woodward Drive. Ald. Slowinski moved, Ald. Oberstadt seconded, to approve the resolution introduction. Call for the Vote: Ayes: All. Nays: None. Motion adopted. 11. Minutes and actions of the Board of Public Works meeting of May 8, 2017 and the minutes of the Special Board of Public Works meeting of April 17, To purchase two (2) Toro GM 3280-D Mowers from Reinders for the Parks Department in the amount of $63, net of trades. 3. To purchase a John Deere 3046R Compact Utility Tractor from Riesterer & Schnell for the Parks Department in the amount of $30, net of trade. Ald. Kneebone moved, Ald. Johnson seconded, to approve the minutes and actions of the Board of Public Works meeting of May 8, 2017 and the minutes of the Special Board of Public Works meeting of April 17, Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted. 12. Ordinance Amendment Traffic Creation of twenty-six (26) designated permit parking spaces along the south and west side of Municipal Parking Lot No. 1 adjacent to Third Street and Water Street (Sections 8.09 (2)(d)1. and 9.05(aa)3. 1. of the RMC). Ald. Phillips moved, Ald. Oberstadt seconded, to approve the Ordinance Amendment to create twenty-six (26) designated permit parking spaces along the south and west side of Municipal Parking Lot No. 1 adjacent to Third Street and Water Street. 9

10 Ald. McComb asked for the permit costs for residents. Dir. Ostrowski replied that specific amounts had yet to be discussed for tenants. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Motion adopted. 13. Minutes and actions of the Public Protection Committee meeting of May 8, License List. Ald. Oberstadt moved, Ald. McComb seconded, to approve the minutes and actions of the Public Protection Committee meeting of May 8, Call for the Vote: Ayes: All. Nays: None. Motion adopted. 14. Actions of the Special Public Protection Committee meeting of May 15, Requests to hold Events/Street Closures. Clerk Moe reviewed the actions of the Special Public Protection Committee meeting, including the approval of the Running with the Flag 5K Run/Walk, UWSP Commencement ceremonies and an alley closure for a graduation party. Ald. Oberstadt moved, Ald. Shorr seconded, to approve the actions of the Special Public Protection Committee meeting of May 15, Call for the Vote: Ayes: All. Nays: None. Motion adopted. 15. Minutes and actions of the Personnel Committee meeting of May 8, Out of Country Travel Director of Utilities and Transportation. 3. New Position Request Utility. Ald. Slowinski moved, Ald. Morrow seconded, to approve the minutes and actions of the Personnel Committee meeting of May 8, Call for the Vote: Ayes: All. Nays: None. Motion adopted. 16. Minutes and actions of the Finance Committee meeting of May 8, Designation of Official Newspaper. 3. Transfer of Library Endowment to the Portage County Library Foundation. 4. Settlement and closeout of the Room Tax Fund, including transfers to the Willett Ice Arena Fund, Arts Center Fund, and Riverfront Rendezvous Fund. 5. Contract with State of Wisconsin for weights and measures inspection services. 6. Contract with Larry s Helping Hand LLC for weed removal and nuisance abatement. 7. Approval of Payment of Claims. 10

11 Nick Wood, Green Bay, WI; representing Multi Media Channels (Portage County Gazette); expressed his company s commitment to local journalism and defended the increased rates for publishing City notices by mentioning they were closer to the State s rates. Mayor Wiza explained that recently the City had only gotten bids from the Portage County Gazette for publishing notices and this past year the rates they submitted nearly doubled. C/T Ladick stated an additional $5,000 to $7,000 would need to be budgeted for publishing notices due to the rate increases. Mayor Wiza stated legislation proposed at the state level could remove the requirement for notices to be published in newspapers. Ald. Johnson asked about the State rates mentioned by Mr. Wood. Atty. Beveridge replied that the State sets the maximum for rates, but not the minimum. Ald. Phillips moved, Ald. Morrow seconded, to approve the minutes and actions of the Finance Committee meeting of May 8, Ald. Slowinski stated he needed to abstain from Item 6, but still wanted to vote on the rest of the Finance Committee Agenda. Ald. Slowinski moved, Ald. Oberstadt seconded, to pull Item 6 for further consideration. Call for the Vote: Ayes: All. Nays: None. Motion adopted. Mayor Wiza called for a vote on accepting the minutes and actions of the Finance Committee Meeting of May 8, 2017 without Item 6. Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Nays: None. Motion adopted. Ald. Phillips moved, Ald. Johnson seconded, to approve Item 6 of the minutes and actions of the Finance Committee Meeting of May 8, Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: None. Abstain: Ald. Slowinski. Motion adopted. Ald. Shorr asked for the status of the official newspaper designation. Mayor Wiza stated Atty. Beveridge could not find any grounds for denying the bid and as a result it was approved by the previous motion. 11

12 17. Actions of the Police and Fire Commission meeting of April 5, Confirmation of bills. Ald. Johnson moved, Ald. Nebel seconded, to approve the actions of the Police and Fire Commission meeting of April 5, Ald. Johnson mentioned the staffing needs presented by Chief Skibba and requested similar presentations from the other departments. Mayor Wiza stated those presentations would be at June s Personnel Committee meeting. Atty. Beveridge mentioned a change was made for the Common Council to approve minutes with the actions of the committees only if their membership consisted largely of Common Council members. Call for the Vote: Ayes: All. Nays: None. Motion adopted. 18. Actions of the Board of Park Commissioners of May 3, Ald. Oberstadt moved, Ald. McComb seconded, to approve the actions of the Board of Park Commissioners meeting on May 3, 2017 Ald. Oberstadt complimented the conversation on the comprehensive Park Plan and encouraged any questions to be directed toward Dir. Schrader. Call for the Vote: Ayes: All. Nays: None. Motion adopted. 19. Actions of the Transportation Commission meeting of May 11, Approval of Financial Report (claims). 5. Shelter installation project - award. 6. Request from the Opportunities Development Center (previously Community Industries Corp. To provide side door service for clients at the Park Ridge facility. 7. Request for Quote (RFQ) for lawn care equipment. Ald. Shorr moved, Ald. Jennings seconded, to approve the actions of the Transportation Commission meeting of May 11, Ald. Shorr gave an update on the Joint Transit Agreement stating that cooperation was already taking place between the City and County on the agreement. Ald. Kneebone added that the Transportation Department is entering a five-year plan and was receiving proposals. Call for the Vote: Ayes: All. Nays: None. Motion adopted. 12

13 20. Actions of the Board of Water and Sewerage Commissioners of May 8, Department claims. 9. Creating an additional position Equipment Operator, Stormwater. Ald. Slowinski moved, Ald. Phillips seconded, to approve the actions of the Board of Water and Sewerage Commissioners meeting on May 8, Call for the Vote: Ayes: All. Nays: None. Motion adopted. 21. Actions of the Airport Commission meeting of May 8, Department claims. Ald. Phillips moved, Ald. Kneebone seconded, to approve the actions of the Airport Commission meeting of May 8, Call for the Vote: Ayes: All. Nays: None. Motion adopted. 22. Statutory Monthly Financial Report of the Comptroller-Treasurer. C/T Ladick made himself available for questions. Ald. Johnson moved, Ald. Oberstadt seconded, to accept the report and place it on file. Call for the Vote: Ayes: All. Nays: None. Motion adopted. 23. Adjournment. The meeting adjourned at 8:22 p.m. 13

14 CITY OF STEVENS POINT SPECIAL COMMON COUNCIL MEETING IDEA Center May 22, B Ellis Street 5:30 p.m. Mayor Mike Wiza, Presiding PRESENT: EXCUSED: OTHERS PRESENT: Ald. Jennings, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb (5:43), Phillips, Morrow. Ald. Shorr. Attorney Beveridge; Clerk Moe; C/T Ladick; Greg Wright; John Quirk; Nathan Sandwick. 2. Common Council tour of the IDEA Center. Greg Wright, Executive Director of CREATE Portage County, stated CREATE Portage County created the Innovation Center for the community as a hybrid technological resource. He said this sort of center was more common in larger urban settings, and it helps the Stevens Point business community remain competitive. Mr. Wright added that social dialogue and creativity are important components of the Innovation Center. Ald. Nebel asked if it could be used for aldermanic listening sessions. Mr. Wright answered yes and that the proximity to government buildings would facilitate that use. 3. City Attorney presentation on open meetings, open records, elected officials code of conduct, conditional use permitting and Robert s Rules of Order. Atty. Beveridge gave a presentation on open meetings, open records, conditional use permitting and Robert s Rules of Order. 4. Adjournment. The meeting adjourned at 6:52 p.m. 14

15 REPORT OF CITY PLAN COMMISSION June 5, :00 PM Lincoln Center 1519 Water Street, Stevens Point, WI PRESENT: Mayor Wiza, Commissioner Brush, Commissioner Haines, and Commissioner Cooper. ALSO PRESENT: Director Ostrowski, Associate Planner Kearns, City Attorney Beveridge, Alderperson Shorr, Alderperson Nebel, Alderperson Oberstadt, Alderperson Johnson, Alderperson Dugan, Alderperson McComb, Alderperson Phillips, Alderperson Morrow, Nate Enwald, Susan Kerbel, Shirley Hughes, Reverend Susan Gilbert Zencka, Mike Gertry, Debra Jakusz, Zaxyz Kimmel, Jeffery Shultz, Dee Ruetten, Cynthia Milden, Alycia Skomsvold, Tiffany Krueger, Jim Buck, Jarrod Coyle, Bev Clayton, Bailey Voigt, Becca Greening, and Mildred Neville. 1. Roll call. INDEX: Discussion and possible action on the following: 2. Report of the May 1, 2017 meeting. 3. Request from Bailey Voigt, representing the property owner, for a sign variance to install a wall sign above the signable area and beyond the total allowable signage at 1265 Main Street (Parcel ID: ). 4. Public Hearing and Action on a request from Debra Jakusz & Michael Gentry for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue, Stevens Point, WI (Parcel ID: ). 5. Public Hearing and Action on a request from Shirley Hughes for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct a front porch at 1902 Dixon Street, Stevens Point, WI (Parcel ID: ). 6. Public Hearing and Action on a request from Evergreen Community Initiatives, representing Frame Memorial Presbyterian Church for a Conditional Use Permit to operate a Warming Shelter (temporary housing) at 1300 Main Street, Stevens Point, WI (Parcel ID: ). 7. Public Hearing and Action on a request from Susan Kerbel to Amend Chapter 23, Zoning Code, of the Revised Municipal Code, specifically Section 23.02(1)(e) to allow the use of Tourist Rooming Houses as a permitted or conditional use within the R-3 Single and Two-Family Residence Zoning District. 8. Public Hearing and Action on a request from the City of Stevens Point to Amend Chapter 25, Sign Code, of the Revised Municipal Code, specifically Section (8)(D) to create a provision for wall signs outside of the signable area. 9. Public Hearing and Action on a request from the City of Stevens Point to Amend Chapter 23, Zoning Code, of the Revised Municipal Code, specifically Section 23.01(14) to increase residential driveway width standards and permit widening of the driveway within the front yard setback. 10. Director s Update 11. Adjourn 1. Roll call. Page 1 of 9 15

16 Present: Wiza, Brush, Haines, Cooper. Excused: Kneebone, Hoppe, Curless. Discussion and possible action on the following: 2. Report of the May 1, 2017 meeting. Motion by Commissioner Cooper to approve the report of the May 1, 2017 Plan Commission meeting; seconded by Commissioner Haines. Motion carried Request from Bailey Voigt, representing the property owner, for a sign variance to install a wall sign above the signable area and beyond the total allowable signage at 1265 Main Street (Parcel ID: ). Director Ostrowski explained that a similar item had been before the commission the previous month regarding signage for Delta Dental at 1265 Main Street. At the time they had requested signage above the third floor windows on the south side of the building, and they were now requesting additional signage on the north side of the building. Signage would be similar in size and material as the previous request. In addition, staff requested that additional areas for signage be allowed to be approved by staff for the top façade facing the north and south sides of 1265 Main Street in case an additional business located into the building so they too could have appropriate signage. They recommended approval of the request. Motion by Commissioner Haines to approve the request, representing the property owner, for a sign variance to install a wall sign above the signable area and beyond the total allowable signage at 1265 Main Street (Parcel ID: ); seconded by Commissioner Brush Motion carried Public Hearing and Action on a request from Debra Jakusz & Michael Gentry for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue, Stevens Point, WI (Parcel ID: ). Director Ostrowski explained the request for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue, as well as adding a carport to the front of the property facing Fourth Avenue. The TND District, he further explained, was intended for smaller lots as most of them didn t meet current Zoning Code setback requirements of 25 feet as most of them had smaller rear and side yards. The TND District allowed for a 15 foot rear yard setback, a 4 foot side yard setback, and a 12 foot street yard setback, with the applicant looking to use the 15 foot minimum rear yard setback requirement. The lot itself was very small, much smaller than current minimum square foot lot sizes. He briefly displayed renderings of the proposed addition and image of the front of the home. Staff recommended approval as the request met the standards of review for a Conditional Use Permit, they saw no issue with having a negative or detrimental impact on the surrounding property owners, the lot size was fairly small, and the addition was fitting for the neighborhood. Mayor Wiza declared the public hearing open. Mayor Wiza declared the public hearing closed. Page 2 of 9 16

17 Motion by Commissioner Cooper to approve the request from Debra Jakusz & Michael Gentry for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue, Stevens Point, WI (Parcel ID: ) with the following conditions: 1. The addition and carport shall compliment the architectural appeal of the existing home. Such plans shall be reviewed and approved by the Community Development department. 2. All necessary building permits shall be obtained for the proposed work. 3. Rain gutters shall be installed on the home and addition, along with downspouts to direct stormwater away from adjacent properties and maintain the stormwater onsite. 4. All other applicable ordinance requirements shall be met. 5. Staff shall have the right to make minor modifications to the plans. seconded by Commissioner Haines. Motion carried Public Hearing and Action on a request from Shirley Hughes for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct a front porch at 1902 Dixon Street, Stevens Point, WI (Parcel ID: ). Director Ostrowski explained the similar request to utilize Traditional Neighborhood Overlay District reduced setback standards to construct an 8 feet by 6 feet front porch at 1902 Dixon Street. The new porch would be smaller than the original one, however, the home itself was closer than the required 25 foot street yard setback requirement, thus the reasoning for the Conditional Use Permit. He further explained that the applicant had purchased the home and was in the process of revitalizing the property. The front porch would have a small stoop over the front, or a walk out from the second story, adding that front porches were very common within the neighborhood. Staff recommended approval with conditions outlined in the staff report, citing that there were no adverse impacts on the adjacent properties. Commissioner Haines asked whether the applicant would be able to enclose the porch, to which it was confirmed that they could, adding that they would have to come back to the commission with the request to enclose the porch. Mayor Wiza declared the public hearing open. Alderperson Nebel (Third District) expressed that she was pleased with the revitalization of the property, and asked whether it was going to remain a residential property or a rental. Mayor Wiza stated that it was not part of the Conditional Use process, but if the applicant was willing to share that information, they could. Mayor Wiza declared the public hearing closed. Page 3 of 9 17

18 Motion by Commissioner Brush to approve the request from Shirley Hughes for a Conditional Use Permit to utilize Traditional Neighborhood Overlay District reduced setback standards to construct a front porch at 1902 Dixon Street, Stevens Point, WI (Parcel ID: ) with the following conditions: 1. The addition shall compliment the architectural appeal of the existing home. Such plans shall be reviewed and approved by the Community Development department. 2. All necessary building permits shall be obtained for the proposed work. 3. All other applicable ordinance requirements shall be met. 4. Staff shall have the right to make minor modifications to the plans. seconded by Commissioner Haines Motion carried Public Hearing and Action on a request from Evergreen Community Initiatives, representing Frame Memorial Presbyterian Church for a Conditional Use Permit to operate a Warming Shelter (temporary housing) at 1300 Main Street, Stevens Point, WI (Parcel ID: ). Director Ostrowski explained that the warming shelter was requesting to be relocated to 1300 Main Street, just south of the previous location. He recounted that they had previously gone through the similar Conditional Use Permit process for the warming shelter as it was considered temporary housing. The new location, he explained, would operate in a similar fashion with the rules that had been in place at the previous facility. In terms of complaints, they had not received any, nor had it caused any disturbances. When speaking on the new location, he stated that the Fire Department, Police Department, and Building Inspection Department had gone through the facility to assure that it was adequate. He briefly reviewed the conditions and internal layout for the facility. He noted that one of the conditions that had been changed was the requirement for a shower within the facility. The applicant had made other arrangements for an alternative location so it did not need to be included. Ultimately, given their performance at the prior facility, staff recommended approval of the warming shelter use at 1300 Main Street with the conditions outlined in the staff report. Mayor Wiza declared the public hearing open. Tiffany Krueger (1311 West River Dr) gave a brief update on how the warming shelter did over the past year, reporting that they had housed 47 individuals, or about 7 per night, all of which had been local individuals. She recounted a situation in which the shelter had been an important factor for aiding an individual who had been living in his car and had become severely ill. Alderperson Morrow (Eleventh District) stated that he had originally had concerns with the warming shelter, but after several visits and with speaking with those involved, he was impressed by how things were run. He reported that the policies had been followed well and that there had been no complaints from the Police Department, his agents, or church goers. He couldn t say enough good things about the facility and urged the commission to approve the request. Tiffany Krueger (1311 West River Dr) clarified an error within the report under the Warming Shelter Policy where it stated that patrons under the influence were not admitted, when indeed they were welcome, but drugs and alcohol were not permitted. Page 4 of 9 18

19 Mayor Wiza declared the public hearing closed. Motion by Commissioner Haines to approve request from Evergreen Community Initiatives, representing Frame Memorial Presbyterian Church for a Conditional Use Permit to operate a Warming Shelter (temporary housing) at 1300 Main Street, Stevens Point, WI (Parcel ID: ) with the following conditions: 1. Occupancy shall be limited to the basement floor. 2. The use of the facility for temporary housing shall only occur during the following time periods: a. Warming shelter opens November 1st or below 20 degrees F temperature. b. Warming shelter closes April 30 or after temperatures are above 20 degrees F temperature c. Warming shelter check-in hours shall be from 8:30 PM - 9:00 PM. d. Warming shelter closes at 6:30 AM. 3. Guest rules shall be incorporated into the conditional use permit. 4. The primary entrance to the warming shelter shall be on the north façade of the building. 5. At least one professionally trained staff member shall provide supervision of the facility at all times during operation. 6. Applicable building and fire codes shall be met. 7. An ADA accessible bathroom must be located in the area of the temporary housing, before occupancy can take place. 8. Appropriate emergency lighting shall be installed within the basement. 9. Fire wall separate shall exists between the temporary housing occupancy use and other uses in the basement. 10. Handrails to exist stairwells shall meet ADA accessible guidelines. 11. Doors stops on fire doors shall be removed. 12. The kitchen hood system needs to be cleaned by a professional cleaning company. 13. Locking hardware shall be installed on the doors to the nursery/daycare and storage area to ensure separation of the temporary housing use. 14. The conditional use permit shall expire within one year after final approval and may be granted an extension by the Plan Commission and Common Council. seconded by Commissioner Brush. Page 5 of 9 19

20 Motion carried Public Hearing and Action on a request from Susan Kerbel to Amend Chapter 23, Zoning Code, of the Revised Municipal Code, specifically Section 23.02(1)(e) to allow the use of Tourist Rooming Houses as a permitted or conditional use within the R-3 Single and Two-Family Residence Zoning District. Director Ostrowski explained that individuals were allowed to request amendments to the Zoning Code, and that those requests would go through the similar process of holding a public hearing and placing the request before the Plan Commission before going in front of Common Council for approval. The current applicant was looking to amend the recently amended Zoning Code in relation to Tourist Rooming Houses by allowing them in the R-3 Single and Two-Family Residence District. He reminded the commission that they have previously discussed the topic of Tourist Rooming Houses several times and had ultimately decided to allow them as a Conditional Use within the R-4 Districts and above. To date, they had not taken up any requests. He briefly displayed a map to show where they were currently allowed as a Conditional Use as opposed to where they would be allowed were the request to be approved. Given that the City was in the middle of rewriting the Zoning Code, staff recommended to hold the request until the rewrite was completed prior to making any changes. Mayor Wiza declared the public hearing open. Susan Kerbel (1925 Church St) stated that she wished to rent out her two bedrooms to a maximum of four individuals at 1925 Church Street and provided a signed petition by her neighbors to operate as a VRBO, or Vacation Rental by Owner. She cited several surrounding rental properties, as well as properties listed online for short term renting to show that her renting out her rooms would not be a disruptive to the surrounding area. She understood that the zoning laws were being rewritten, and asked if she could perhaps go under a six month trial period before coming back for another discussion. Alderperson McComb (Ninth District) noted that she had performed research on short term rentals in different cities. She found that there were three in the City that were not owner occupied, but most of them being private rooms in people s homes. She added that there were a lot of issues in tourist cities concerning short term rentals, and that they were using restrictions like minimum stay requirements and density limitations in specific areas. She expressed her desire of allowing Ms. Kerbel the trial period to rent out her home, but understood that it may not be a possibility. Susan Kerbel (1925 Church St) added that she operated her sewing business from the property, and would only be looking to rent out the rooms on weekends only. Alderperson Nebel (Third District) expressed concern with approving the request, noting that if they allowed it for one person, they would have to open it up to everyone, regardless of the individual or district. Mayor Wiza declared the public hearing closed. Mayor Wiza clarified to the commission that they were not considering a Conditional Use request, but rather an ordinance change which would allow for a possible Conditional Use approval to operate a VRBO in the R-3 and R-2 zoning districts. He agreed with staff s recommendation of denying the ordinance change since they were in the middle of rewriting ordinances. Commissioner Cooper also agree with staff recommendation, noting that they couldn t do a trial period for just one property, to which Mayor Wiza added that they couldn t do a trial period for an ordinance change. Page 6 of 9 20

21 Commissioner Haines agreed with putting the request on hold as the change would encompass a large area, and they needed to think about it more. She added that she liked the idea of being density based in areas. Director Ostrowski commented that what others had done for adult homes or community-based residential facilities was to place restrictions to where they could operate based on distance to each other or a percentage of the city population or aldermanic districts. Another option would be to permit them in some areas, with the addition of supplemental use standards that would put the same standards or requirements on every single request. In other areas they could keep them as a Conditional Use if they wanted more scrutiny in terms of uses in those particular areas. While it was something they could look at while doing the zoning code rewrite, he recommended pausing the request at hand. Motion by Commissioner Cooper to deny the request from Susan Kerbel to Amend Chapter 23, Zoning Code, of the Revised Municipal Code, specifically Section 23.02(1)(e) to allow the use of Tourist Rooming Houses as a permitted or conditional use within the R-3 Single and Two-Family Residence Zoning District; seconded by Commissioner Brush. Motion carried Public Hearing and Action on a request from the City of Stevens Point to Amend Chapter 25, Sign Code, of the Revised Municipal Code, specifically Section (8)(D) to create a provision for wall signs outside of the signable area. Director Ostrowski explained that the sign code had originally been written with buildings similar to those on Main Street and Clark Street in mind where there was a store front on the first floor and a residential or office use on the second floor, with the signable area being right above the first but below the second floor. With the newer buildings going up such as the Cobblestone Hotel and Executive Place, they were starting to run into issues with signage requests because the buildings didn t fit the norm of the signable area or code within the B3 Zoning District. He further expanded that the area they were looking at within the sign code only pertained to the B3 zoning district which was the downtown area and the south side that had been rezoned. The amendment would allow the Zoning Administrator to approve signs outside the signable area where it would not impact the architectural features or details of the building, as opposed to having to come before Plan Commission every time signage was proposed outside the signable area. Even so, the downtown requests would always be reviewed by the Historic Preservation / Design Review Commission for new signs, but the south side signs could be approved internally. Requests would still have to meet the sign code requirements, and if anything different was requested, they would come before Plan Commission as a sign variance request. Commissioner Haines asked for clarification if the request only dealt with placement, and if it would affect other items such as flashing lights on signage, to which Director Ostrowski confirmed that all other requirements would remain the same and the current request only dealt with placement. He reiterated that the requests within the B3 downtown district would still go before the Historic Preservation / Design Review Commission, but the south side requests would be able to be approved internally by staff. Mayor Wiza also assured the commission that the request was solely for the placement of the signage as it related to the building, and that everything else would remain in its place in terms of requirements. Mayor Wiza declared the public hearing open. Mayor Wiza declared the public hearing closed. Page 7 of 9 21

22 Motion by Commissioner Cooper to approve the request from the City of Stevens Point to Amend Chapter 25, Sign Code, of the Revised Municipal Code, specifically Section (8)(D) to create a provision for wall signs outside of the signable area per staff recommendations; seconded by Commissioner Haines. Motion carried Public Hearing and Action on a request from the City of Stevens Point to Amend Chapter 23, Zoning Code, of the Revised Municipal Code, specifically Section 23.01(14) to increase residential driveway width standards and permit widening of the driveway within the front yard setback. Director Ostrowski reported that they had modified the parking and driveway standards in 2012, in which they had restricted driveway widths to no wider than 20 feet in the front yard setback area. Typically in a suburban style zoning district, he explained, they had a 25 foot setback meaning that the driveway could not be wider than 20 feet within that 25 foot setback. They had recently been running into issues for smaller, more urban lots within traditional neighborhood areas where driveways were starting to exceed 20 feet as most 2 stall garages were 24 feet wide. He presented examples of currently existing driveways that met or did not meet current requirements. He noted concerns for people putting down pads on the side of garages in order to park, but then using the grass to drive onto it as wider driveways were not permitted whereas most people would likely prefer having a whole paved driveway. Commissioner Haines asked for clarification whether the driveways described should not be happening, to which Director Ostrowski stated that they would not be allowed under the current ordinance requirements. In the previous ordinance requirements, he further explained, did not have driveway width requirements, only the opening at the street, noting that Public Works didn t allow for residential driveway openings to be more than 20 feet in width to prevent early turning. Commissioner Haines asked for clarification if the new language would make the illegal driveways allowed, to which Mayor Wiza confirmed that it would make them allowable again. Director Ostrowski expanded on allowing them again, noting that it would increase driveway width standards and permit widening of the driveway within the street yard setback, with the flare expanding to no wider than 32 feet, adding that they could also not have more than 25% of the street yard be impervious. Commissioner Cooper asked if the flare would still have to meet the 3-foot setback from the property line, to which Director Ostrowski confirmed that it would have to be 3 feet from the property line. Commissioner Brush stated that he had seen multiple cars parked side by side in a conventional driveway, and asked whether that was legal, to which Director Ostrowski clarified that the number of cars did not matter so long as they were on the approved surface. Mayor Wiza declared the public hearing open. Mayor Wiza declared the public hearing closed. Motion by Commissioner Brush to approve request from the City of Stevens Point to Amend Chapter 23, Zoning Code, of the Revised Municipal Code, specifically Section 23.01(14) to increase residential driveway width standards and permit widening of the driveway within the front yard setback per staff recommendations; seconded by Commissioner Cooper. Motion carried 4-0. Page 8 of 9 22

23 10. Director s Update Director Ostrowski stated that there would not be a special Plan Commission meeting in June for the Zoning Code and Comprehensive Plan rewrite, and that meetings would resume in July. 11. Adjourn. Meeting adjourned at 6:44 PM Page 9 of 9 23

24 RESOLUTION [CONDITIONAL USE PERMIT TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT 508 FOURTH AVENUE] 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 standards required have been met, the property located at 508 Fourth Avenue (Parcel ID ), and described as: PRT GL3 S30 T27 R8 DES 281/5 BNG LOT 51' FRNT ON 4TH AVE BY 100' DEPP.12A 353/523;597/ ;789877, City of Stevens Point, Portage County, Wisconsin, is hereby granted a Conditional Use Permit to construct an addition with reduced setbacks, 15 foot rear yard, 12 foot front yard, and 4 foot side yard, as well as a 20 foot front yard setback for a garage, on the home as shown on the attached plans, with the following conditions: 1. The addition and carport shall compliment the architectural appeal of the existing home. Such plans shall be reviewed and approved by the Community Development department. 2. All necessary building permits shall be obtained for the proposed work. 3. Rain gutters shall be installed on the home and addition, along with downspouts to direct stormwater away from adjacent properties and maintain the stormwater onsite. 4. All other applicable ordinance requirements shall be met. 5. Staff shall have the right to make minor modifications to the plans. Such approval constitutes a Conditional Use under the City s ordinances. Approved: Mike Wiza, Mayor Attest: John Moe, City Clerk Dated: June 9, 2017 Adopted: June 19, 2017 Drafted by: Return to: Michael Ostrowski City Clerk 24

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26 RESOLUTION [CONDITIONAL USE PERMIT TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT 1902 DIXON STREET] 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 standards required have been met, the property located at 1902 Dixon Street (Parcel ID ), and described as: LOT 13 BLK 11 CROSBY & MCCULLOCH ADD BNG PRT NE SE S32 T24 R , City of Stevens Point, Portage County, Wisconsin, is hereby granted a Conditional Use Permit to construct a covered porch and balcony with reduced setbacks, 16 foot 8 inches front yard, on the home as shown on the attached plans, with the following conditions: 1. The addition shall compliment the architectural appeal of the existing home. Such plans shall be reviewed and approved by the Community Development department. 2. All necessary building permits shall be obtained for the proposed work. 3. All other applicable ordinance requirements shall be met. 4. Staff shall have the right to make minor modifications to the plans. Such approval constitutes a Conditional Use under the City s ordinances. Approved: Mike Wiza, Mayor Attest: John Moe, City Clerk Dated: June 9, 2017 Adopted: June 19, 2017 Drafted by: Return to: Michael Ostrowski City Clerk 26

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30 RESOLUTION [CONDITIONAL USE PERMIT OPERATE TEMPORARY HOUSING 1300 MAIN STREET] 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 1300 Main Street (Parcel ID ), and described as COM SW/C LOT 6 BLK 2 SB&P ADD TH W 132';N 132' E132';S 132' TO POB BNG PRT NENW S32 T24 R8 ALSO W30'LOT 6 BLK 2 SB&P ADD EX W7' SOLD CITY 213/225, City of Stevens Point, Portage County, Wisconsin, Wisconsin, is hereby granted a Conditional Use Permit to operate temporary housing, subject to the following conditions: 1. Occupancy shall be limited to the basement floor. 2. The use of the facility for temporary housing shall only occur during the following time periods: a. Warming shelter opens November 1st or below 20 degrees F temperature. b. Warming shelter closes April 30 or after temperatures are above 20 degrees F temperature c. Warming shelter check-in hours shall be from 8:30 PM - 9:00 PM. d. Warming shelter closes at 6:30 AM. 3. Guest rules shall be incorporated into the conditional use permit. 4. The primary entrance to the warming shelter shall be on the north façade of the building. 5. At least one professionally trained staff member shall provide supervision of the facility at all times during operation. 6. Applicable building and fire codes shall be met. 7. An ADA accessible bathroom must be located in the area of the temporary housing, before occupancy can take place. 8. Appropriate emergency lighting shall be installed within the basement. 9. A fire wall shall exist between the temporary housing occupancy use and other uses in the basement. 10. Handrails to exist stairwells shall meet ADA accessible guidelines. 11. Doors stops on fire doors shall be removed. 12. The kitchen hood system needs to be cleaned by a professional cleaning company. 13. Locking hardware shall be installed on the doors to the nursery/daycare and storage area to ensure separation of the temporary housing use. 30

31 14. The conditional use permit shall expire within one year after final approval and may be granted an extension by the Plan Commission and Common Council. Such approval constitutes a Conditional Use under the City s ordinances. Approved: Mike Wiza, Mayor Attest: John Moe, City Clerk Dated: June 9, 2017 Adopted: June 19, 2017 Drafted by: Return to: Michael Ostrowski City Clerk 31

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37 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN [CHAPTER 23 OF THE REVISED MUNICIPAL CODE, ZONING TOURIST ROOMING HOUSES] The Common Council of the City of Stevens Point, Portage County, Wisconsin, do ordain as follows: This item was denied by the Plan Commission SECTION I: That Section 23.02(1)(e)(3)(l) of the Revised Municipal Code of the City of Stevens Point shall be created and read as follows: 23.03(1)(e)(3)(l) Tourist Rooming House SECTION II: That this ordinance shall take effect upon passage and publication. Approved: Mike Wiza, Mayor Attest: John Moe, City Clerk Dated: June 9, 2017 Adopted: June 19, 2017 Drafted by: Return to: Michael Ostrowski City Clerk 37

38 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN [CHAPTER 25 OF THE REVISED MUNICIPAL CODE, UNIFORM SIGN ORDINANCE B-3 SIGNABLE AREA] The Common Council of the City of Stevens Point, Portage County, Wisconsin, do ordain as follows: SECTION I: That Section 25.04(8)(D) of the Revised Municipal Code of the City of Stevens Point shall be amended to read as follows: D. REQUIREMENTS FOR WALL SIGNS Wall signs shall meet the following requirements: 1. Wall signs shall be located in the "signable" wall area of a facade. The "signable" area is defined as the continuous portion of a building facade, unbroken by doors or windows, below the sill line of the second story and above the storefront transoms (see Appendix A). 2. Signable areas shall not exceed 10 percent of the total facade area (height by width). 3. Graphics within the signable area shall be limited to 40 percent of the total signable area, where that facade faces commercial land uses and 30 percent of the total signable area where the facade faces residential land uses. 4. The signable area may be divided to accommodate additional businesses in buildings that contain two or more businesses. All signage should be coordinated in terms of color and materials. 5. Identification signs (business directories) for upper story tenants shall not exceed 8 square feet in total area. Exceptions may be made based on overall design concept. 6. Signs and graphics shall not physically harm the architectural character of the building they are attached to. 7. The Zoning Administrator shall have the authority to approve signs outside of the signable area where architectural features or other building details remain visible. The Zoning Administrator cannot permit a second sign on a building where a tenant already has a sign within the signable area or a sign outside of the signable area in lieu of a sign within the signable area. SECTION II: That this ordinance shall take effect upon passage and publication. Approved: Attest: Mike Wiza, Mayor John Moe, City Clerk 38

39 Dated: June 9, 2017 Adopted: June 19, 2017 Drafted by: Return to: Michael Ostrowski City Clerk 39

40 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN [CHAPTER 23 OF THE REVISED MUNICIPAL CODE, ZONING WIDTH OF DRIVEWAYS FOR RESIDENTIAL USES] The Common Council of the City of Stevens Point, Portage County, Wisconsin, do ordain as follows: SECTION I: That Section 23.01(14)(i)(3)(b) of the Revised Municipal Code of the City of Stevens Point shall be amended to read as follows: b) Width of Driveways i. Driveways on lots less than 35 feet in width may be no less than nine feet and no more than 12 feet in width in the required front setback. ii. Driveways serving on lots greater than 35 feet in width may be no less than nine feet and no more than 24 feet in width in the required front setback. iii. Driveways shall be measured at the face of the walk, or right-of-way in rural sections. iv. A flare in the driveway greater than 24 feet in width is permitted to begin half the distance from the street yard property line to the garage (attached or detached), but shall not exceed 32 feet in width within the front yard setback. When driveways are greater than 24 feet in width, driveways and other impervious surfaces shall not comprise more than 25% of the street yard area. SECTION II: That this ordinance shall take effect upon passage and publication. Approved: Mike Wiza, Mayor Attest: John Moe, City Clerk Dated: June 9, 2017 Adopted: June 19, 2017 Drafted by: Return to: Michael Ostrowski City Clerk 40

41 CITY OF STEVENS POINT BOARD OF PUBLIC WORKS MEETING Monday, June 12, 2017 Lincoln Center 1519 Water Street Stevens Point, WI MINUTES PRESENT: Chairperson Mayor Mike Wiza, Director of Public Works Scott Beduhn, Comptroller/Treasurer (C/T) Corey Ladick and Tricia Church; Alderpersons: Tori Jennings(1 st ), Heidi Oberstadt(4 th ), Jeremy Slowinski(6 th ), Mary Kneebone(7 th ) and Shaun Morrow(11 th ). ALSO PRESENT: DIRECTORS: Tom Schrader Parks and Recreation and Michael Ostrowski Inspection and Development. OTHER CITY STAFF MEMBERS: City Attorney Andrew Beveridge, Fire Chief Bob Finn, Police Chief Tom Zenner. ALDERPERSONS: David Shorr(2 nd ), Cindy Nebel(3 rd ), Meleesa Johnson(5 th ), Cathy Dugan(8 th ), Mary McComb(9 th ) and Mike Phillips(10 th ). OTHERS PRESENT: Nate Enwald - Portage County Gazette, Brandi Makuski - Stevens Point City Times, Dave Pias - Stevens Point Brewery. Mayor Mike Wiza called the Board of Public Works meeting to order at 6:00 p.m. The meeting was held on Monday, June 12, 2017 at the Lincoln Center located at 1519 Water Street in Stevens Point. 1. Consideration and possible action to accept the Director s Report and place it on file. Alderperson McComb asked what the decision making process is for placing kiosks around the campus area. Director Beduhn said he is currently working with the University on placements. Mayor Wiza asked Director Beduhn if he would update everyone on the Prentice Street Project (specifically Prentice and Maria intersection) and the Hoover Grade Separation Projects. Director Beduhn stated that Integrity Grading and Excavating is the contractor working on the Prentice Street Project. The crew was delayed due to bedrock and ended up having to do some blasting. They got the ok from the City to bring in another crew to start on Phase 2 in order to make up for lost time. Things are getting back on schedule and with the extra crew; they anticipate making the deadline or better. Director Beduhn said the Hoover Grade Separation Project is moving along very nicely. The first major milestone is getting the girders in place; which are scheduled to arrive this week or next. Alderperson Slowinski asked if we have a completion date on the Hoover Road Grade Separation Project. Mayor Wiza stated that generally speaking, it will be done sometime between Halloween and Thanksgiving. 41

42 Alderperson Dugan asked for an update on the filling the sidewalk gaps project and swales project. Director Beduhn said staff is about 90% complete with the design for filling in the gaps project and then we will have a review. We will be meeting with Director Lemke again next week on that to move it forward. Alderperson Slowinski moved approval of the Director s Report; seconded by Alderperson Oberstadt. Ayes all; nays none; motion carried. 2. Consideration and possible action to entertain nominations for Vice-Chairperson for the Board of Public Works Committee. Alderperson Oberstadt nominated Alderperson Kneebone for Vice-Chairperson for the Board of Public Works Committee. Alderperson Slowinski moved; seconded by Alderperson Morrow to appoint Alderperson Kneebone the Vice-Chairperson for the Board of Public Works Committee. Ayes all; nays none; motion carried. 3. Consideration and possible action to approve the Ordinance Amendment for traffic in Section 9.05 for No Parking on sections of Crosby Avenue, Franklin Street and Portage Street. Director Beduhn echoed his memo regarding the reasons for the No Parking requests. Alderperson Oberstadt moved to approve the Ordinance Amendments as requested; seconded by Alderperson Jennings. Ayes all; nays none; motion carried. 4. ADJOURNMENT: Mayor Mike Wiza adjourned the June 12, 2017 Board of Public Works Meeting at 6:11 p.m. 42

43 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 226 of Section 9.05(g) of the Revised Municipal Code, No Parking is hereby amended to read as follows: 9.05(g) 226. On the north side of Crosby Avenue from a point 340 feet west of Water Street to the intersection with Water Street. SECTION II: That subsection 154 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) 154. On the south side of Franklin Street from Crosby Avenue to a point 99 feet west. SECTION III: That subsection 155 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) 155. On the south side of Portage Street from Crosby Avenue to a point 60 feet east. SECTION IV: That subsection 156 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) 156. On the east side of Crosby Avenue from Portage Street to a point 60 feet south. SECTION V: These ordinance changes shall take effect upon passage and publication: APPROVED: Mike Wiza, Mayor ATTEST: John Moe, City Clerk Dated: June 1, 2017 Approved: June 19, 2017 Published: June 23,

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47 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 19th day of June, 2017, for the purpose of hearing all interested persons concerning the preliminary resolution and report of the Board of Public Works on the proposed public improvement consisting of the following: A. FOR INSTALLATION OF SIDEWALK PROJECT # ) All property fronting upon both sides of MARIA DRIVE from its intersection with First Street to its intersection with Second Street. (Project #17-01) B. FOR INSTALLATION OF CURB AND GUTTER PROJECT # ) All property fronting upon both sides of MARIA DRIVE from its intersection with First Street to its intersection with Second Street. (Project #17-01) ; 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. 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 c:\users\jmoe\desktop\council\18 finalresmaria doc 47

48 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 at the option of the property owner in five (5) annual installments at an interest rate of 2.25% per annum or in ten (10) annual installments at an interest rate of 4.00% per annum on the unpaid balance. A property owner shall have 30 days in which to make the payment election, as provided in the resolution. 7. That the City Clerk shall publish this resolution as a Class I notice in the assessment district and mail a copy of this resolution and a statement of the final proposed assessment against the benefitted property to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. APPROVED: Mike Wiza, Mayor ATTEST: John Moe, City Clerk Dated: June 1, 2017 Adopted: June 19, 2017 Published: June 23, 2017 c:\users\jmoe\desktop\council\18 finalresmaria doc 48

49 PERSONNEL COMMITTEE MEETING Monday, June 12, :12 p.m. Lincoln Center ~ 1519 Water Street PRESENT: OTHERS PRESENT: Chairman Slowinski; Alderpersons Morrow, Shorr, Dugan, Nebel Mayor Wiza; C/T Ladick; Clerk Moe; Alderperson(s) Phillips, Kneebone, McComb, Jennings, Johnson; Director(s) Schrader, Beduhn; Chief Finn; Dave Pias; Nate Enwald PC Gazette; Deputy Comptroller/Treasurer Freeberg; Human Resource Manager Jakusz Chairman Slowinski called the meeting to order. Discussion and possible action on: 1. Contracting with Springsted for position classification placement for newly created positions and reclassification requests. Mayor stated that the market survey process kept internal influence (Department Heads, HR, and Council) out of the process. In order to maintain the integrity going forward, he is requesting that we utilize the services of Springsted to evaluate the job descriptions of newly created positions and those requesting a reclassification. He indicated the cost would be $250 per position review. He added that maintaining the integrity of our pay system is paramount. He respectfully requests the support of the Personnel Committee for this request. Chairperson Slowinski said he is in favor of this; he feels it will eliminate any influence from City Hall in the review of positions. Alderman Shorr questioned whether there are any reclassification requests yet. Mayor Wiza replied no, and that upon completion of the market survey and request for reconsideration process we have a clean slate. Alderman Shorr stated that while consistency is good, he is somewhat wary of the City being locked in and questioned what leverage the City would have with how well they re doing. He mentioned the length of time prior process to for Springsted to complete. 49

50 Mayor Wiza replied that there was on-going communication with Springsted throughout the prior processes. There were instances where additional requests for information were made and we responded appropriately, collecting the information and providing it. He added that some of the reconsideration requests did take longer than others to complete, however we wanted to bring all the results forward at one time. Chairperson Slowinski stressed the importance of checks and balances as well as oversight being important. Mayor Wiza agreed that for the process to be true oversight will exist. Alderperson Nebel questioned whether the managers have input. Mayor Wiza stated that the managers and departments would continue have input in the process if this change is incorporated. Alderman Morrow moved to approve the request; Alderperson Dugan seconded. Alderperson Kneebone questioned the addition of minimum time in grade as indicated in the policy draft. She was asked to hold her question until agenda item #2 addressing the policy revision is up for discussion. Alderperson Johnson stated her recollection of the City purchasing the SAFE tool to use for conducting evaluations of positions internally. Mayor Wiza replied that Alderperson Johnson is correct. However, there is some concern over that system being manipulated by such things as word choice, etc. He added that this would also eliminate concern over personal bias. Alderperson Johnson questioned whether the City would be under obligation to get additional quotes. 50

51 Mayor Wiza replied that because this is a service, the City is not obligated to obtain bids. Alderperson Johnson stated that the tool reference previously would provide the latitude to do this internally once the training has been completed. She asked HR Manger Jakusz if she d handled reclassification requests. She replied that she had and the number of requests varied from year to year and that the majority of them came from the AFSCME Clerical Unit prior to Act 10. Action on the motion: ayes all, nays none. Motion carried. 2. Amendment to Administrative Policy 2.05 Position Reclassifications Human Resource Manager Jakusz reviewed the amendments to the policy. Alderman Shorr voiced his concern over the draft policy language under the second paragraph in B requiring the change in duties to be in effect for six months. Alderperson McComb suggested clarifying the intent that the changes to the job duties are anticipated to be permanent by adding the word permanent prior to the bolded assignment of under the Description section. Human Resource Manager Jakusz stated that one reason to maintain the language requiring that duties are stable and in place for a period of time is to allow the employee the opportunity to learn the new duties and become comfortable and proficient with them and to provide an out so to speak in the even the employee is either unable to perform the duties satisfactorily or does not want to continue in that capacity. Following discussion, Alderman Shorr moved to direct staff to clarify intent in the policy language and that this item move forward to the City Council for consideration, Alderperson Nebel seconded. Alderperson McComb questioned whether there was an appeal process. 51

52 Mayor Wiza replied there is not. This removes the political side of the process and allows for all employee requests to be evaluated in a similar fashion by professionals. Human Resource Manager stated that when the Carlson Dettmann study was done, there was an internal appeal committee comprised of the former Mayor and Alderman Phillips who at that time was the Personnel Committee Chairman. Employees whose appeals weren t approved in that process had the ability to bring their appeal forward to the City Council. Several Council members felt uncomfortable with this process and it did get political. Comptroller Treasurer Ladick stated that we don t have many requests for reclassification. Employees are becoming more familiar with how the COLA (cost of living adjustments) to the matrix and the step progression work. He feels it is important that the City be able to continue providing these for our pay plan to keep employees happy and employee maintain morale. Action on the motion: ayes all, nays none. Motion carried. 3. New Position Requests: Parks (Assistant Facilities Supervisor) and Engineering (GIS/Engineering Technician) Mayor Wiza stated that due to the budget shortfall, the City was unable to fund this position when Director Schrader had submitted a request to recreate this position request last fall. With regard to the GIS/Engineering Tech, Mayor Wiza indicated that a staff engineer position was eliminated some years back to allow for the creation of additional positions at Streets. The request is to re-create an engineering position and couple it with GIS as our GIS system is much underutilized. He added that both positions, for the most part would be budget neutral; re-creating the positions would have minimal budget impact. Comptroller Treasurer Ladick stated that both positions were funded within the existing department budgets and do not increase the head count or number of employees in the departments. 52

53 Motion by Alderman Shorr, second by Alderman Morrow to approve these position requests. Ayes all; nays none. Motion carried. 4. Request for employment overlap for the Facilities Supervisor position Motion by Alderman Morrow; second by Alderperson Dugan to approve the request for employment overlap for this positon. Ayes all, nays none. Motion carried. 5. Adjournment 7:05 p.m. 53

54 * * CITY OF STEVENS POINT * * ADMINISTRATIVE POLICY Policy Title: Position Reclassifications Policy No Date of Issuance: December l8, l989 Revision Date: April 18, 2016 Description: The purpose of this policy is to explain the procedure for submission and review of job reclassification requests for positions covered under the City s pay plan. More of the same level of work is not a basis for reclassification, but rather new permanent assignment of work of a higher level of responsibility shall be demonstrated. Department reorganizations are not a part of this process. 1. A request for reclassification may be initiated by (l) the employee, with department head approval; (2) the supervisor or department head; or (3) the Personnel Committee in the following manner. A. Requests are to be submitted to the City Human Resource Manager. A list of positions seeking a reclassification will be provided to the Personnel Committee after a request is submitted to Personnel. B. All requests for reclassification must be supported with a substantial change in job duties and responsibility since the last review of the position. Requests will include: an updated job description, organizational chart for the appropriate work unit, a recommended pay grade, an indication of other positions performing comparable work, and a completed Classification Review Request Form. The immediate supervisor and Department Head must complete and sign the review page of the form. To be considered for reclassification, changes in job duties should be stable and typically should have been in effect for a least six (6) months preceding the reclassification request so that it is clear that the changes that exist are likely to remain in effect. To ensure that any reclassifications are made on the basis of changes in job duties that are stable and long lasting, in some cases, they may be held under review for as long as six (6) months if there is uncertainty about the permanence of the change of duties. Re-draft of language in this section provided by Alderman Shorr C. Reclassification review and recommendation will be completed by the City Human Resource Manager within 120 days of receiving the request. Following an internal review by the Human Resource Manager to ensure that all required documentation has been submitted, a job evaluation will be conducted by the salary plan consultant. If 1 54

55 reclassification is appropriate, the consultant will recommend a grade assignment for the position. The consultant may request further information from the Human Resource Manager and may suggest that other positions affected by the reclassification be reviewed as well. D. Final recommendations, including fiscal impact, will be presented to a Review Committee comprised of the Mayor, Comptroller/Treasurer, Personnel Committee Chairperson, Human Resource Manager and affected Department Head for consideration. Those Reclassification requests and fiscal impact for those awarded by the Review Committee salary plan consultant will be presented to the Personnel Committee for consideration. E. Approved reclassifications will be effective the first pay period after council approval unless otherwise stipulated by the City Council. 2 55

56 Classification Review Request Form Your Name: Your Supervisor s Name: Your Division: Your Department: Your Current Classification: My job has changed since the Pay Plan Study Requested Classification: Please specify why you believe the requested grade is more appropriate for your position than the current classification. Relate duties you perform to the grade for the requested classification: Use additional sheets if necessary Employee Signature / Typed Name Date Employee: Complete and forward this form to your immediate supervisor for review and comment. Your supervisor will review your request, make comments and forward to your department head. Your department head will review your request, make comments as appropriate and then forward it to the Personnel Department. Reclassification Requests must include the immediate supervisor and department head comments and signatures. 3 56

57 Immediate Supervisor Comments I agree with the employee s review request. I disagree with the employee s review request. Reason/comment: Immediate Supervisor Signature / Typed Name Date Immediate Supervisor: Complete and forward this form to your Department Head. The Department Head will review this request and make changes as appropriate. Please note that all appeals must be forwarded to the department head. Department Head or Designee Comments I agree with the employee s review request. I disagree with the employee s review request. Reason/comment: Department Head Signature / Typed Name Date Department Head: Complete and forward this form to the Employee Resources Department. The Employee Resources Department will review this request and make changes as appropriate. Please note that all review requests must be filed with the Personnel Department. 4 57

58 CITY OF STEVENS POINT PUBLIC PROTECTION COMMITTEE Monday, June 12, :13 P.M. Lincoln Center 1519 Water Street Present: Alderpersons: Oberstadt, Dugan, McComb and Phillips Excused: Alderperson Johnson Also Present: Mayor Wiza; City Clerk Moe; Comptroller/Treasurer Ladick; Alderpersons Jennings, Shorr, Nebel and Kneebone; Directors Schrader, Ostrowski and Beduhn; Asst. Police Chief Zenner; Assessor Shepro; Nicholas Moore; Dave Pias 1. License List: A. New Operator s (Bartender s) Licenses. B. Renewal Operator s Licenses. C. Temporary Class B / Class B License (Picnic): i. Association of Downtown Businesses, P.O. Box 675, Stevens Point, for Corn on the Curb on August 5, 2017 on the public square. (Beer and Wine). ii. Association of Downtown Businesses, P.O. Box 675, Stevens Point, for Music and Wine Walk on August 18, 2017 at 18 downtown businesses. (Wine only). D. Class B Combination Beer and Liquor License: i. The 13 th Floor Canteen LLC, for The 13 th Floor Canteen, 1109 Park Street, Stevens Point; Tamie Antill, agent for license period beginning July 1, ii. Two Harps Pub LLC, for Two Harps Pub, 2301 Church Street, Stevens Point; Nicholas Moore, agent for license period beginning July 1, E. Class A Liquor and Class A Fermented Malt Beverage License: i. Ski s Meat Market Inc., for Ski s Meat Market, 5370 Highway 10 E, Stevens Point; David Tuskowski, agent for license period beginning July 1, F. Change of Agent: i. Kwik Trip, Inc., P.O. Box 2107, La Crosse, Patrick Matuszak, 2400 Washington Ave, Plover, WI; agent at Kwik Trip 183, 3258 Church Street replacing Donald Sejbl. Ald. Phillips moved, Ald. McComb seconded, to approve items 1. A. - F. with recommendations from the Police Department and City staff. Nicholas Moore, 1787 Park Ave, said he will be taking over Rhody s Middletown Tavern and Grille and turning it into an Irish Pub. Call for the vote: Ayes, all; nays, none; motion carried. 2. Request to Hold Event/Street Closings: A. Marshfield Clinic Aim for a Cure Color Run on August 5, Request the closure of one lane on a section of Water Street. 58

59 B. Lindsey Ingman Race for Violet on August 5, Requesting closure of a section of Oak Street. C. Association of Downtown Businesses Corn on the Curb on August 5, Requesting closure of the Downtown Square and sections of Main Street and Second Street. D. Stevens Point Brewery Annual Pointoberfest and 5K Blubber Run on September 16, Requesting closure of sections of Water Street. Ald. Phillips asked if the Police Department has any issues with these requests. Asst. Police Chief Zenner replied no. Ald. Dugan moved, Ald. Phillips seconded, approval of the events and street closings. Call for the vote: Ayes, all; nays, none; motion carried. 3. Appeal(s) of service charge for property maintenance violations(s): A. 325 Washington Avenue. Ald. Oberstadt noted that the committee members received a written statement from Mr. Sprenger as he was not able to attend the meeting. Director Ostrowski said the owner was given notice to move the vehicle by May. He stated the vehicle was not moved so a service charge was issued. Ald. Dugan moved, Ald. McComb seconded, to deny the appeal of service charge for property maintenance violation. Call for the vote: Ayes, all; nays, none; motion carried. 4. Adjournment. Adjournment at 7:19 p.m. 59

60 CITY OF STEVENS POINT SPECIAL PUBLIC PROTECTION COMMITTEE MEETING Monday, May 15, :45 P.M. Council Chambers, 1516 Church Street PRESENT: OTHERS PRESENT: Alderpersons: Oberstadt, Johnson, Dugan, McComb and Phillips. Clerk Moe, Police Chief Skibba, Tim Peltier, Mark Konkol, Michelle Konkol. 1. Request to Hold Event/Street Closings: A. Veterans Relief Fund Running with the Flag 5K Run/Walk on July 4, B. UW Stevens Point Commencement ceremonies on May 20 th Requesting closure of Fourth Ave. between Isadore St. and Reserve St. C. Michelle & Mark Konkol, 1224 Soo Marie Ave. High School Graduation Party on May 27 th Requesting closure of the alley between Soo Marie Ave. and Lindbergh Ave. Ald. Dugan asked where the Konkol Graduation Party would be located. Michelle Konkol replied it would be in the alley between Soo Marie Ave. and Lindbergh Ave. Ald. Phillips moved, Ald. McComb seconded, to approve all three requests. Police Chief Skibba stated the Police Department did not have any issues with the requests. He complimented UWSP for taking more responsibility for street closings and the alley location of the Konkol graduation party. Call for the vote: Ayes: All. Nays: None. Motion adopted. 2. Adjournment The meeting adjourned at 6:47 p.m. 60

61 City of Stevens Point 1515 Strongs Avenue Stevens Point, WI Fax STEVENS POINT ~-~ G~Th\WTOTHEPI\ERIFJ. ~-~... ~ Q. -. \%':!" Department of Administrative Services Ph: June 14th, 2017 MEMORANDUM TO: FROM: RE: Common Council MayorWiza Green Tier Legacy Community Submitted for your consideration is a request to apply for membership to the Green Tier Legacy Community Charter. Stevens Point has made commitments to sustainable initiatives for decades, even before the 2007 Eco Municipality designation. We continue those efforts, every day, in everything we do. We have made significant progress as you heard a while back from Alderperson McComb when she gave an update on a Path to a Sustainable Stevens Point. The Green Tier Legacy Communities Charter is the next level of that commitment. A partnership with the Department of Natural Resources, League of Wisconsin Municipalities; Municipal Environmental Group- Wastewater; Center on Wisconsin Strategy and Wisconsin Energy Conservation Corp. They aligned their efforts in support of Sustainable Community development. Cities and other municipalities from across the state have joined in that commitment including Appleton,, Eau Claire, Fitchburg, La Crosse, New Richmond, Oshkosh, Port Washington, Sheboygan, Wisconsin Rapids and Wauwatosa. I have been working on this with many community leaders for several month and Alderperson Sho rr was instrumental in assisting with the research needed on this project. Status as a Green Tier Legacy Community will provide us access to a variety of unique resources to help achieve our goals. As their mission statement says, "Our mission is to help communities across the state of Wisconsin move continuously toward a sustainable future through initiatives that promote environmental stewardship, economic growth, public health, and social equity." I ask that you renew our commitment and authorize application to this charter. StevensPoint.com 61

62 Why Become a Green Tier Legacy Community? The future of our landscape can be predicted by the health of our communities today. If we value the communities where we live and invest in their future, we will have a place that can proudly be left for future generations. When our communities deteriorate we look for new places on the landscape to develop. This practice typically involves farmland lost to subdivisions, new roads to carry more cars and the decay of neighborhoods that are left behind. If we care about Wisconsin, we must tend to our neighborhoods. Green Tier Legacy Community Process: 1. Develop a plan that enables a continuous improvement process in all proposed action areas. 2. Engage and train employees to facilitate Charter goals and objectives. The Seven-Step Process: 1. Define charter and planning area boundary 2. Collect, enter and evaluate environmentally related (benchmark) data 3. Evaluate current and desired trends based on city reports and commissions 4. Evaluate current comprehensive plan in light of current and desired trend lines 5. Develop and implement policies and programs to enable desired trends 6. Evaluate effectiveness and results of programs and policies 7. Make improvements to goals and programs Six Benefits of participating in Legacy Communities: 1. Direct access to the Department of Natural Resources (DNR) expertise and technical assistance 2. Potential to receive discretionary funding and preference in awarding state grants 3. Creates a forum to be recognized for achievements in sustainable development 4. Advances position amongst competitive communities 5. Provides collaboration and information networking with experienced municipalities 6. Allows for enlightened self interest 62

63 Field Value Wisconsin Legacy Communities Strategy Options The purpose of the strategy options matrix is to provide a broad list of best management practices that encompass several elements of sustainability including transportation, energy, land use, water, and waste. This list is not inclusive. Prospective signatories should use the strategy options to gauge environmental performance and then use this baseline to strive for superior results. Superior environmental performance may be achieved when municipalities use the strategy options to develop a sustainability plan that reduces their overall negative impact on the environment. TRANSPORTATION DEMAND MANAGEMENT: Transportation demand management strategies aim to reduce GHG emissions and VMT by influencing change in individual behavior. These strategies encourage walking, bicycling, and transit as modes of transportation within a community and seek to curb the number and length of trips by vehicle. Bicycle and Pedestrian Programs/Projects 2 Require bike parking for all new non-residential and multifamily uses. Set standards for placement and number (as function of intensity of 1 use) for bike parking spaces. 3 Commuter bike routes identified and cleared. 5 to League of American Bicyclists certification. (Bronze 5, Silver 7, 10 Platinum 10) Funded and operating SRTS program (or functional equivalent) 3 covering at least 10 percent of students, targeting schools with higher rates of free and/or reduced lunch. 1 Conduct annual survey of students' mode of transport to school. Employer-Based Programs Require large employers seeking rezoning to set a price signal (cashout or charge). 5 Require large employers seeking rezoning to provide subsidized 5 transit. Require large employers seeking rezoning to provide a TDM plan that 5 would reduce trips by 20 percent over business as usual. Traffic Volume Track VMT or traffic counts and report on efforts at reduction 3 (including those on this list). 3 Eliminate parking minimums from non-residential districts. Page 1 63

64 5 Set parking maximums at X per square feet for office and retail uses. Scheduled transit service at basic level (hour peak service within halfmile of 50 percent of addresses) and need (underserved areas with 5 low socio-economic status). Scheduled transit service at enhanced level (half-hour peak service 10 within 75 percent of addresses) and need (underserved areas with low SES). TRANSPORTATION SYSTEM MANAGEMENT Transportation system management strategies aim to reduce GHG emissions and VMT by improving the overall performance of a transportation system. These strategies improve existing infrastructure, introduce new technology, and plan for the future of the system. Preservation and Improvement Develop and fully fund comprehensive maintenance program for 3 existing roads. 1 to 5 Charge impact fees for new roads. Calculate lane-miles per capita for arterials and collectors, and show 5 reductions Prepare a plan identifying disconnections in bike and pedestrian networks, prioritizing fixes and identifying potential funding sources for 5 the most important projects in those areas where there are limited transportation options and low car-ownership levels. Any proposal to add lanes to a two-lane roadway shall be evaluated 5 for a center turn lane, the preferred options over an expansion to four lanes. Identify four-lane roadways with fewer than 20,000 vehicles per day 3 (AADT) and evaluate them for "road diets" with bike lanes or on-street parking Electric Vehicles 1 Allow NEVs on appropriate roadways. 2 Provide public charging stations Vehicle Idling 2 Ban idling (more than 5 minutes) with local government vehicles. 5 Ban idling (more than 5 minutes) community-wide. ZONING AND DEVELOPMENT Zoning and development strategies work toward improving the overall environmental, economic, and social health of a community by promoting mixed-use and infill development, walkable neighborhoods, and an overall sustainable lifestyle. Infill Development Identify priority areas for infill development, including those eligible 5 for brownfields funding particularly in areas needing revitalization, including those in lower socio-economic status neighborhoods. Page 2 64

65 1 Create land bank to acquire and assemble priority infill sites Develop an inventory of known contaminated properties for reuse 1 planning, with possible GIS application and prioritize reuse projects in lower socio-economic status areas. Walkability Score Measure a walkability score at 10 random residential addresses per 10 Census tract, compute average, and improve upon overall score Zoning Adopt traditional neighborhood design ordinance (If population is 5 less than 12,500) that includes multi-family residences. Zoning for office and retail districts permits floor-area ratio > 1, on 5 average. Zoning for office and retail districts requires floor-area ratio > 1, on 8 average. 5 Zoning code includes mixed use districts 8 Mixed-use language from Smart Code. NATURAL RESOURCE MANAGEMENT Natural resource management strategies seek to conserve, preserve, protect and promote a community s greenspace, wildlife, wetlands and waterways for this and future generations by promoting pervious surfaces and adequate setbacks. Canopy 3 Adopt tree preservation ordinance per GTLC standards. Set a tree canopy goal and develop a management plan to 4 achieve it ensuring trees are incorporated in all neighborhoods. 2 Require trees to be planted in all new developments 2 Certification as Tree City USA Vegetation Management Public properties and rights of way mown or cleared only for safe 2 sightlines and/or to remove invasive species. Create community policy and BMP guidelines on minimizing 2 chemical use during vegetation management of public and private properties Water Protection 10 Establish 75-foot natural vegetation zone by surface water. 5 Inventory wetlands and ensure no net annual loss. COMMUNITY ENERGY USE Community energy use strategies encourage energy efficiency and the use of renewable fuels to reduce total energy consumption throughout the community Community Energy Use Policies 6 Use PACE financing 1 Watt meters available to the public for free and education provided Page 3 65

66 on their utility. Adopt Residential Energy Conservation Ordinance (time-of-sale 10 certification and upgrades). Measuring Community Energy Use Work with local utilities to calculate total electricity and natural gas 4 consumption annually, beginning with the fifth year before entering the program. 1 State of Wisconsin Energy Independent (EI) Community designation. MUNICIPAL ENERGY USE Municipal energy use strategies encourage municipal employees to conserve energy, preserve the environment, and decrease greenhouse gas emissions from municipal facilities, services, and vehicle fleets. Government Energy Use Policies Include transportation energy/emissions as criterion in RFPs for 5 purchases of goods over $10,000. Develop list of lighting, HVAC and shell improvements to raise Energy 3 Star Portfolio Manager or LEED EBO&M score 3 Reduce motor fuels use for non-transit activities -- Provide transit passes at 50 percent or more off the regular price 6 and/or provide parking cash-out options for local government employees. 5 Streetlights operate at 75 lumens/watt or higher 3 Stoplights are LED or functional equivalent Municipal electricity purchases are at least 5 percentage points higher in renewable content than the statewide renewable portfolio 5 standard requires. Calculation may include self-generated power and purchased offsets. Measuring Government Energy Use Complete EPA Energy Star Portfolio Manager spreadsheet for 5 government energy use. Or score existing buildings with LEED EBO&M. Calculate annual government fleet use of motor fuels, in gallons of 2 petroleum and biofuels, beginning with the fifth year before entering the program. All new and renovated municipal buildings must meet LEED Silver or 10 greater. WATER USE CONSERVATION Water Conservation strategy options set baselines and goals for water and energy performance in municipalities. They measure progress and promote water conservation by the government, business, and the community at-large. Water Conservation Page 4 66

67 Track water and sewer use annually, beginning with fifth year before 6 entering program, and develop plan for reductions. Develop a water loss control plan with targets below the 15% 4 required by the state and include a system-wide water audit implementation and time table Join EPA's WaterSense Program for water utilities or the Groundwater 2 Guardian Green Sites program and promote them to local business. Use block rates and flat rates to encourage water conservation 6 among residential, commercial, and industrial users. 1 Financial assistance for sewer lateral replacements. Upgrade water utility equipment (e.g., variable frequency drive 2 to 6 motors) to achieve energy efficiency. 3 Infiltration and inflow reduction by 10% 5 Wastewater biogas captured and used in operations. Plan for replacing all toilets using > 1.6 gpf and annual progress sufficient to reach 90 percent replacement in 10 years, providing 5 education to all, and financial assistance to households with low socio-economic status. Local Government Use Install waterless urinals in men's restrooms at municipal facilities (city 2 hall, parks, etc.) All outdoor watering by local government, excluding parks and golf 3 courses, from rain collection. Develop a water efficiency and conservation plan for municipal 4 buildings STORMWATER MANAGEMENT Stormwater Management strategy options encourage the use of best management practices to achieve a reduction in the amount of harmful pollutants introduced to our streams, rivers, and lakes. Develop a regular street sweeping program to reduce total 3 suspended solids Stormwater utility fees offer credits for best management practices 3 such as rain barrels, rain gardens, and pervious paving Inventory all paved surfaces (e.g., by GIS mapping), and develop a 2 plan for reduction Work with commercial or light industrial businesses to develop 2 stormwater pollution plans WATER AND DEVELOPMENT Water and Development strategy options link water conservation and the preservation of land, wetlands, and wildlife habitat while promoting compact development, restoration and rehabilitation efforts, and long-term planning. Land Development Page 5 67

68 Identify key green infrastructure areas during plan development 5 and/or implement a plan to acquire and protect key green infrastructure areas particularly in underserved areas. Waters, Wetlands, and Wildlife Replace concrete channels with re-meandered and naturalized 1 to 6 creeks, wetlands, or swales Develop a system for identifying culverts that obstruct fish migration 3 and install fish friendly culverts where needed Provide incentives for protection of green infrastructure, sensitive areas, important wildlife habitat, or for the restoration or rehabilitation 4 of wetlands or other degraded habitats such as credit towards open space or set-aside requirements WASTE MANAGEMENT AND REDUCTION Waste Management and Reduction strategy options encourage municipalities and their citizens to divert organics and recyclables from landfills and properly dispose of hazardous materials in an effort to reduce waste in a community. Community waste stream monitored at least annually. Waste 3 reduction plan prepared and updated annually Waste and materials management plan based on "zero-waste" 4 principles, with specific goals, prepared and updated annually 3 Construction/deconstruction waste recycling ordinance Mandatory residential curbside recycling pickup that covers paper, 3 metal cans, glass and plastic bottles Develop a municipal collection program that encourages the 5 diversion of food discards, yard materials, and other organics from landfills to composting or anaerobic digestion with energy recovery Develop and promote programs that dispose of household 3 hazardous, medical, and electronic waste Use anaerobic digesters to process organic waste and produce 4 energy Implement municipal ordinances requiring manufacturer takeback 3 for fluorescent bulbs, thermostats and other mercury-containing devices Ordinances in place to reduce the usage of phone books as well as 2 single-use shopping bags, styrofoam food containers and other disposable packaging Pay-as-you-throw system implemented by municipality or required of 2 private waste haulers Use public education and outreach to promote recycling, backyard 1 composting, product re-use and waste reduction. HEALTHY COMMUNITY PLANNING Page 6 68

69 Policies and projects related to incorporating health living into community design- whether by built form, programs, education, etc. in an effort to reduce trends in poor nutrition, inactive lifestyles, chronic diseases, such as obesity and heart disease, and other negative health risk factors. Policies Affecting Multiple Program Areas Adopt a resolution that promotes Health in All Policies at the community level (e.g., HEAL Resolution). Include that educational campaigns supporting a program covered by the resolution are appropriately targeted to all of the populations addressed by the program. Establish a Health Impact Assessments policy, including when an assessment is required and its scope Planning Add health policies in 1 or more of the community's plans, including the comprehensive plan, long-range transportation plan, bicycle/pedestrian plan and open spaces recreation plan (e.g. embedded or stand-alone chapter) or develop a comprehensive, community wide wellness plan. Site schools in the Comprehensive Plan for accessibility with existing or new bicycle and pedestrian infrastructure Encourage the formation and/or support of Neighborhood Improvement Districts (NIDs), Neighborhood Development Corporations, or other similar types of neighborhood reinvestment and enhancement strategies in plans or policies. Healthy Food Access Implement strategies (urban agriculture, community gardens on public land, diversified farmer s markets, expanded traditional retail food options, ordinances to allow urban chickens and beekeeping and vegetable gardening in rights of way) that help increase fresh food access in the community, in particular in areas with food insecurity (e.g., food deserts and food swamps ), including access by EBT and WIC participants. Create a Food Systems Plan that addresses the production, distribution, value-added, marketing, end-market, and disposal of food, and charge a new or existing governmental body to oversee the plan s implementation. Physical Activity and Access Provide an on-street and/or off-street trail network connecting recreational areas in the community (e.g. safe routes to parks) and other trip generators, such as shopping malls, ensuring all neighborhoods are included in planning and implementation. Encourage pedestrian and bicycle site connections from front door of businesses or apartments to a public sidewalk and/or bike lane ensuring connections to all neighborhoods. Page 7 69

70 Provide education and establish programming to encourage physical activity, especially by youth. Establish an expanded public transit that serves commuters from all neighborhoods and major parks and recreation facilities, and has racks on vehicles for carrying bicycles. Require sidewalks in new residential areas and establish a policy for adding sidewalks, as appropriate, in areas built out without sidewalks. Implement a Complete Streets policy. Provide recreation programs for youth, adults, senior citizens and disabled persons. Establish a pedestrian safety task force. Housing Adopt ordinances and programs to maintain a healthy housing stock (code enforcement, landlord licenses, volunteer program, truth-in housing disclosure before sale, etc.). Allow life cycle or adaptable housing options, such as "aging in place", accessory dwelling units, Universal or Inclusive Design, Dementia Friendly Communities, Age-Friendly Communities, etc. Establish a program to make housing more affordable. Establish a program to address chronic homelessness, such as "permanent housing". Crime Prevention and Other Harm Reduction Use by policy, ordinance or practice, Crime Prevention Through Environmental Design and active threat planning to make public spaces, such as recreational space, crime free. Establish and implement Harm Reduction strategies for alcohol outlet density and sexual oriented establishments (e.g. zoning limitations) Adopt an ordinance or policy that requires tobacco-free and e- cigarette free apartments or places limitations on such structures. Adopt an ordinance or policy that promotes tobacco-free and e- cigarette free parks and/or public events on local governmentowned property. Climate Change Create and implement a climate change action plan that includes a carbon footprint study, and health related components on reducing air pollution from combustion of fossil fuels and responding to heat episodes and flooding, focusing in particular on most vulnerable populations. Noise Adopt an ordinance, including conditional use permits, on noise abatement for various zoning districts. Employee Health Implement a wellness program for employees of the local jurisdiction. Encourage or partner with others, such as the Chamber of Page 8 70

71 Commerce, etc., to advance workplace wellness programs within the community. Placemaking Support placemaking at varying scale (neighborhood to major city facility) and permanence (temporary to permanent) through programming, financial support and removal of regulatory barriers to promote healthy living and social capital in the community. Adopt form-based codes or similar type design guidelines for healthy active living environments. Waste Pharmaceuticals Establish partnerships to reduce waste pharmaceuticals generated in the community and to efficiently collect remaining wastes to prevent their abuse and entry into solid waste or wastewater. Page 9 71

72 LEGACY COMMUNITIES GREEN TIER CHARTER (Authorized December 1, 2010, Last Revision Approved February 29, 2016) This Charter is entered into by the WI Department of Natural Resources (DNR) and 1000 Friends of Wisconsin (1000 Friends), League of WI Municipalities (League), WI Energy Conservation Corp (WECC), Municipal Environmental Group Wastewater Division (MEG), Center On WI Strategy (COWS), other non-governmental organizations, other state agencies and organizations in institutions of higher education that elect to participate in this Charter, and individual municipalities and counties that elect to participate in this Charter (initial municipalities are: Cities of Appleton, Fitchburg, Bayfield, Middleton, and Village of Weston). All these organizations are collectively referred to as Members. Members that are nongovernmental organizations, state agencies other than the DNR or organizations in institutions of higher education are collectively referred to as Charter Collaborators. Introduction A. The Charter Collaborators are prepared to work with the DNR, municipalities and counties to accomplish the goals of this Charter. B. The Members have established goals for this Charter. Together, key issues center on a wide range of sustainability practices available to municipalities and counties, and municipal water resource management. Such a precedent lends support to the Green Tier Charter concept of better relations between state and local governments, non-governmental organizations, and institutions of higher education to achieve common goals that focus on achieving superior environmental performance. I. Purpose The purpose of this Charter is to establish an agreement pursuant to Wis. Stat (7e) and by which municipalities take actions and share information to achieve superior environmental performance with regard to one or both of the following areas: (1) water resources management; and/or (2) sustainability practices. The term sustainability means local governments addressing the needs of the present while not compromising the ability of future generations to address their needs. It encompasses a broad framework of interrelated issues that includes environmental stewardship, economic growth, public health and social equity. Sustainability practices could include reducing greenhouse gas emissions, reducing municipal and county energy use, and developing and implementing a transportation system that reduces total vehicle miles traveled, increasing access to local foods, and supporting local business development. 72

73 - 2 - Policies in this Charter are intended to be consistent with and complimentary to a Member Municipality s and County s Comprehensive Plan. Participating municipalities will select either water resources management or sustainability practices, or both, but are not required to pursue both components. Counties may select to participate in the Sustainability Component but are currently not anticipated to join the Water Resources Component. The Charter will achieve superior environmental performance in the following ways: (1) Municipalities subscribing to the water resources pilot component of this charter will achieve superior environmental performance by addressing wastewater, stormwater, drinking water, wetlands, and other water issues in a holistic, watershed-based manner. This may include some or all of the following elements: Wastewater management, including treatment plant compliance, collection system maintenance and long term sanitary sewer service area planning. Stormwater management including stormwater quality controls, stormwater quantity and floodplain management, and integration with DNR permitting. Integration of rural water management issues, including agricultural drainage ditch issues and agricultural nonpoint runoff into urban lands within the watershed. Navigable waters (Chapter 30, Wis Stats), wetlands, shoreland, floodplains management including associated habitat issues. Groundwater management issues including management of groundwater quality, groundwater quantity and regional recharge issues. Public water supply issues including drinking water quality and water conservation and compliance with Safe Drinking Water Act provisions Water budget issues, including the overall evaluation of water quantity and quality entering and leaving the watershed considering ground and surface water. (2) Municipalities or counties subscribing to the sustainability component of this Charter will initially focus on improving a municipality s or county s impact on the environment by using the strategy options listed in Appendix 3 to develop a Sustainability Implementation and Monitoring Plan. Such an implementation plan may include some or all of the following elements: Build and Buy Green strategies and programs. Strategies to promote environmental stewardship in the private sector. Transportation policies and actions that increase pedestrians, bicyclists, transit passengers as a primary mode of transportation, and that are designed to reduce public per-capita vehicle miles traveled (VMT) and greenhouse gas emissions. Land use policies and actions that seek to identify, cleanup and redevelop brownfield sites, promote street connectivity and mixed-use development, and protect natural resources. Environmental stewardship, energy efficiency, waste and materials management policies and the use of renewable fuels to reduce total energy consumption throughout the community. 73

74 - 3 - Local government practices that encourage municipal employees to conserve energy, preserve the environment, and decrease greenhouse gas emissions from municipal or county facilities, services, and vehicle fleets. Encourage residents and businesses to adopt sustainable practices. (3) All municipal and county Members will share information, resources, technology, and environmental success stories with one another on a regular basis. II. Background 1. Wisconsin s Green Tier Program, established by Wis. Stat , authorizes the Wisconsin Department of Natural Resources (DNR) to issue an environmental results charter to an association of public or private entities to assist those entities in achieving superior environmental performance and to assist those entities in participating in Tier 1 or Tier 2 of the Green Tier Program. 2. Many local governments in Wisconsin have embraced sustainability initiatives, as a means to reduce a community s overall environmental impact and improve quality of life. 3. In light of these varied initiatives aimed at reducing environmental impact, a mechanism is needed to facilitate action by local units of government to scale best practices across the state, in a manner that realizes the economic benefits of such action and provides municipalities and counties with recognition for their efforts. 4. Addressing water issues on a holistic basis will result in more efficient use of both local and state staff and resources, decrease municipal and county costs, and improve water quality within the watershed. III. Goals of the Charter The Goals of this Charter are: 1. To assist municipalities and counties in achieving superior environmental performance in sustainability, health and social equity; and to recognize their efforts and progress. 2. To assist municipalities in achieving superior environmental performance in water resources. 3. To improve the quality of life and economic vitality of communities. 4. To help municipalities and the Wisconsin Department of Natural Resources address wastewater, stormwater, drinking water, wetlands, and other water issues in a 74

75 - 4 - holistic, integrated, watershed-based manner. 5. To assist municipalities and counties in preparing, implementing and improving over time a sustainability plan that reduces a municipality s and county s impact on the environment. 6. To facilitate access to state and federal funding for projects and activities related to achieving the purposes of this charter, such as energy efficiency, renewable energy, greenhouse gas reductions, comprehensive planning, transportation policies, and integrated planning for wastewater treatment, storm water treatment and management; and drinking water. 7. To realize taxpayer savings through reduced municipal and county expenditures on motor vehicle fuels and energy resulting from efficient development patterns. 8. To help municipalities comply with various water regulations in a more efficient, cost effective and flexible manner. 10. To achieve other demonstrable and measurable environmental improvements beyond what is required by local, state, or federal law. IV. Timeframe of Charter 1. Effective Date. This Charter will become effective when signed by DNR, 1000 Friends, the League, MEG-Wastewater, WECC, COWS, and the first municipality to subscribe to the Charter. New Members may be added to the charter pursuant to the process outlined in Appendix I. 2. Duration of Charter. This Charter will remain in effect unless terminated as described below: (A) The Charter may be terminated as a whole either by the DNR, or by a majority of the Members of this Charter after 90 days of written notice of termination. (B) Any individual Member may withdraw themselves from the Charter after 90 days of written notice to each of the other Members. V. Responsibilities of Members 1. The Wisconsin Department of Natural Resources agrees to: (A) Convene an ad hoc Resource Team of agency experts to serve as a resource for Members. Staff from the DNR programs represented on the Resource Team shall assist municipal and county Members as per Wis. Stats (4m)(e). 75

76 - 5 - (B) (C) (D) (E) (F) (G) Explore and facilitate access to state and federal funding, and the means to prioritize applications for DNR funding on behalf of Members to further the goals of this Charter. Provide access to senior DNR officials so that barriers to sustainable practices may be identified and removed. Facilitate interagency cooperation. Provide recognition no less than annually of the participation of municipal and county Members and their accomplishments. Undertake the additional responsibilities as specified in Appendices to this Charter. Provide a single point of contact on DNR programs and regulations for municipal and county Members. 2. Charter Collaborators agree to: (A) (B) (C) (D) (E) (F) Promote and solicit Members to the Charter. Annually assess the impact and effectiveness of the Charter and report annually to the department on the activities that have been engaged in under the Charter. This annual report shall be submitted to the DNR by March 31 st for the preceding year. Assist with establishing Charter member communication between Members and the DNR. Assist in exploring and alerting municipalities and counties to funding opportunities available to communities for implementing Charter activities Assist in drafting future appendices and policies. Provide technical assistance to the municipal and county Members to achieve their goals under this Charter. 3. Municipal and county Members agree to: (A) Implement the purposes of this Charter by developing a Sustainability Implementation and Monitoring Plan. (B) Municipalities implement the Water Resources Plan as set forth in Appendix 2, that specify the goals, policies, and actions the municipality has set for the Charter. 76

77 - 6 - (C) Engage the public and other affected stakeholders in implementing the goals and measuring the progress of their Charter commitments, including but not limited to a web site available to the public that specifies the goals that the municipality or county has set for the Charter, and its policies and action that demonstrate the progress made in meeting those goals. (D) Identify and act upon local environmental priorities consistent with this Charter, while striving in good faith to achieve each of the Charter s goals. (E) Share information, technologies, and strategies used to advance the Charter s goals with the other Members. (F) Annually report to the other Members the progress made in achieving the goals to improve the overall Sustainability Implementation and Monitoring Plan and /or Water Resources Plan (see A. above). VI. Governance Provisions Implementation of this Charter will be coordinated and overseen by the Members. Each Member shall have 1 vote. The Members may appoint an Executive Committee to coordinate meetings and initiatives under the Charter and to perform any other duty or responsibility specified by the Members. VII. General Provisions A. APPLICABLE LAW AND EFFECT OF CHARTER. Wisconsin law governs this Charter. Nothing in this Charter is intended to be contradictory to or inconsistent with applicable Federal, State and Local laws, ordinances, regulations, or environmental standards in effect during the period of this Charter. This Charter does not bind the State Legislature and their actions affecting the Wisconsin Department of Natural Resources. B. SEVERABILITY. All covenants, terms and conditions contained herein are severable, and in the event any competent court or agency shall hold any of them invalid, this Charter shall be interpreted as if such invalid covenants, terms or conditions were not contained herein. However, each Member shall have the right to terminate its participation in this Charter following the severing of any portion of this Charter. C. AMENDMENT. This Charter may be amended only in writing by agreement of the DNR and other Members. Any amendment shall be consistent with and in furtherance of the 77

78 - 7 - objectives, terms, and conditions of this Charter. If an Amendment will increase the number or scope of provisions in this Charter, or materially alter the level and type of environmental performance, then the Wisconsin Department of Natural Resources shall provide an additional public notice and may provide an additional public information meeting as required by law. D. REMOVAL OF MEMBER. If any Member fails to fulfill their obligations under this Charter in a timely or proper manner, or violates any of its provisions, the violating Member may be removed from the Charter by agreement of both the DNR and the other Members. The violating Member must be given thirty (30) days written notice of removal, specifying the alleged violations, and the effective date of the removal of the violating Member. If the violating Member cures their violation within the thirty (30) days, it shall not be removed from the Charter. E. RESIGNATION OF MEMBER. Any Member may resign from the Charter pursuant to section V. 2. (C). F. TECHNICAL CONTACT. Each Member to this Charter shall provide, in writing to every other Member, the name and contact information for an individual who will serve as the contact for purposes of this Charter. The contact shall serve as the primary contact person for all negotiations, agreements, and conflicts that may arise under this Charter and the Members agree to communicate and work through these contacts to the fullest extent practicable. If the contact changes for a Member, that Member will notify all other Members of the change and identify the new contact as soon as possible, preferably within 5 business days. G. DISPUTE RESOLUTION. The DNR and other Members will function as arbitrators for dispute resolution among the technical staff of all Members. VIII. Warranty of Authority Each of the persons signing below represents and warrants that they have the authority to execute this Charter on behalf of the Member for which they sign. IX. Signatures Warranty of Authority. Each of the persons signing below represents and warrants that they have the authority to execute this Charter on behalf of the Member for which they sign. STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES By /s/ Matthew J. Frank Matthew J. Frank, Secretary 78

79 FRIENDS OF WISCONSIN By /s/ Steve Hiniker Steve Hiniker, Executive Director LEAGUE OF WI MUNICIPALITIES By /s/ Dan Thompson Dan Thompson, Director MUNICIPAL ENVIRONMENTAL GROUP WASTEWATER DIVISION By /s/ Wally Thom Wally Thom, President CENTER ON WISCONSIN STRATEGY By /s/ Joel Rogers Joel Rogers, Director /s/ Darrell Bazzell Darrell Bazzell, Vice Chancellor for Administration University of WI. WI ENERGY CONSERVATION CORPORATION By /s/ Mary Schlaefer Mary Schlaefer, Executive Director Warranty of Authority. Each of the persons signing below represents and warrants that they have the authority to execute this Charter on behalf of the Member for which they sign. CITY OF MIDDLETON By /s/ Ken Sonnentag Ken Sonnentag, Mayor City Clerk 79

80 - 9 - CITY OF BAYFIELD By /s/ Larry MacDonald Larry MacDonald, Mayor City Clerk CITY OF FITCHBURG By /s/ Jay Allen Jay Allen, Mayor City Clerk CITY OF APPLETON By /s/ Tim Hanna Tim Hanna, Mayor City Clerk VILLAGE OF WESTON By /s/ Fred Schuster Fred Schuster, President Village Clerk APPENDIX I - NEW MEMBERS TO THE CHARTER It is the intention that this Charter be structured to allow for expansion of new Members consistent with the Environmental Results Program under s , Stats.; except that the water resources component shall be a pilot program limited to no more than 2 or 3 of the original Members and for a period of three years unless extended following pilot review. 1. Review Prior to Adding New Members The review of the water resources component shall include review by the Water Division Administrator and Bureau Directors within the Division in accordance with the pilot evaluation criteria in Appendix 2, and they shall make a recommendation to the Secretary on whether the pilot should be expanded, modified, or discontinued. The Secretary shall determine whether new Participants can be added to the water resources component of the charter or whether the charter should be modified prior to the addition of new Participants. 2. Procedure for Adding New Members. All potential new Participants will complete a Wisconsin Department of Natural Resources approved application prior to requesting to become a Member to the Charter. A new Charter 80

81 Member will indicate at the time of application which of the available components they will pursue. New Members will be considered as follows: A. A party wishing to become a Member will submit a completed application requesting consideration to the DNR and the other Members. The application will commit the party to meeting the requirements of the Charter and applicable appendices and will provide the following: 1) if the party is a municipality or county, a schedule for implementing its program so as to catch-up with the work schedules of the original municipal or county Members, 2) a commitment to assign the resources necessary to participate in the Charter, and 3) the identity of a technical point of contact and a contact person intended to serve as the new Member s representative. B. In reviewing the request, the DNR and the other Members will evaluate the party s ability to meet the requirements of the Charter. Subject to the provisions of paragraph 1, the DNR and the other Members may add additional requirements to a potential new Member as they deem appropriate. APPENDIX 2 WATER RESOURCES PILOT PROGRAM COMPONENT The purpose of the Water Resources Pilot Program of the Legacy Community is to evaluate ways in which municipalities can achieve superior environmental performance by addressing water issues in a holistic manner and in a collaborative relationship with the Department of Natural Resources. The proposal set forth below is a pilot for a possible statewide program that will be subject to evaluation as set forth in Appendix 1, before expanded. I. Obligations of Municipal Participants The goal of the Water Resources Pilot Program is to reward and incentivize municipalities to evaluate water resource issues in their community on a holistic basis and develop cooperative water resource management arrangements with the DNR. A. Eligibility requirements. To be eligible to participate in the Water Resources Component of the Legacy Community Charter, a municipality must undertake the following: (1) Agree to prepare a plan addressing water resources in its community through the use of the Water Star evaluation available at If using the Water Star evaluation, a municipality shall achieve at least a bronze status to be eligible to participate in the Legacy Community Charter and (2) Identify one or more projects involving multiple water resource issues and develop an integrated plan that incorporates project components and watershed benefits not otherwise required by project permits and 81

82 approvals. B. Water Resources Plan (1) If a community chooses to develop a water resources plan, they should integrate the municipality s full range of water resource issues. The plan shall identify community goals and priorities for improving water resources within the municipality. The following components should be addressed to the extent practicable: Wastewater management, including treatment plant compliance, collection system maintenance and long term sewer service area planning. Stormwater management including stormwater quality controls, stormwater quantity and floodplain management, and integration with DNR permitting. Integration of rural water management issues, including agricultural drainage ditch issues and agricultural nonpoint runoff into urban lands within the watershed. Navigable waters (chapter 30), wetlands, shoreland and floodplains management including associated habitat issues. Groundwater management issues including management of groundwater quality, groundwater quantity and regional recharge issues. Public water supply issues including drinking water quality, water conservation and compliance with Safe Drinking Water act provisions Water budget issues, including the overall evaluation of water quantity and quality entering and leaving the watershed considering ground and surface water issues. (2) Water Resources outside the Municipality. In evaluating the water resource issues and projects within the community, the municipality shall also identify areas in which water resource issues within its watershed involve water resource issues outside of its boundaries, and potential opportunities for inter-governmental approaches to address such issues. (3) Plan Preparation. In developing a plan, municipalities should utilize existing water related planning documents and consult with the DNR and any County or regional planning agencies to ensure that existing relevant land and water resource plans have been identified and integrated into the municipal water plan. Such plans may include DNR Basin Plans, County Land and Water Conservation Plans, and plans of adjacent municipalities. In addition, the municipality shall consult with DNR to determine whether any additional areas require development. 82

83 C. Program Integration and Coordination with DNR (1) Recognizing the regulatory functions municipalities serve, the municipality shall meet with DNR to determine whether there are opportunities for integration of municipal and state water programs or staff. Such opportunities could include: municipal assistance on education, permitting, inspection and enforcement; integration of education materials and permit applications; or certification of municipal staff with respect to certain water review functions. Implementation of any such opportunities shall be with mutual consent and subject to separate cooperative agreements. (2) The municipality shall participate in a review with DNR at a schedule to be determined by the parties but at least 2 times per year during the pilot to: (a) identify significant water related projects within the municipality (either by the municipality or third parties if known); (b) review any permitting or compliance issues; (c) review the status of any cooperative agreements; and (d) identify any areas requiring additional planning or program integration. If more than one municipality in a DNR region is participating, then such meetings can, at the option of the DNR, be held concurrently. (3) The municipality and the DNR shall develop a stakeholder group of organizations interested in water resource issues in the municipality such as the County, environmental advocacy groups and other interested parties and include such groups in one or more of the review meetings under Section I. C. (2). II. Obligations of DNR A. Single Point of Contact. The Department s single point of contact representative(s) will be the Regional Water Leader(s) from the geographical areas of where water component participants are located. The Department shall also identify back up staff who will serve as the single point of contact in the Regional Water Leader(s) absence. The single point of contact back-up shall have experience in two or more water programs and serve in a supervisory capacity. B. Assistance and Coordination with the Municipality. (1) The Department shall review and comment on any municipal Water Resources Plan. (2) The Department shall meet with the municipality for purposes of 83

84 identifying areas of program integration of municipal and state water programs or staff as set forth in para I.C. C. Regulatory Coordination and Flexibility for Municipal Projects When the municipality is proposing a project that requires one or more water permits from the DNR, the DNR s Single Point of Contact shall undertake the following: (1) To the extent practical, coordinate the permits within the DNR so that all such water permits are reviewed concurrently on an integrated timetable; (2) Supervise the review of the permits to ensure that the project and its impacts are reviewed in the context of the existing statutory standards, the impacts to the watershed as a whole, the goals of the municipal project and the municipality s Water Resources Plan; (3) Foster a problem solving approach with respect to permitting or enforcement issues that recognizes both the municipality s record under this Charter, and the Department s flexibility in existing permitting standards and the Department s enforcement discretion; (4) Facilitate resolution of disputes between DNR staff or between DNR staff and the municipality. III. Pilot Evaluation A. At the conclusion of 30 months from the date of this Charter, each municipality shall prepare a summary of its work under this Charter that shall: (1) Describe its eligibility status. (2) Identify any areas of program integration with DNR and describe any such programs. (3) Identify any water resources projects under taken and project elements not otherwise required by DNR, local and or other federal laws. (4) Describe any water resources permits obtained by the municipality and identify whether and to what extent the Charter impacted the permitting process including a consideration of the following: The permit review process included consideration of watershed 84

85 based impacts If the project involved multiple water permits, the permit processing and permit comment and hearings were coordinated. Permit issues were resolved with the assistance of the single point of contact. Which federal, state, and local standards were exceeded. B. Evaluation Options for Additional Points on Grant Applications The DNR and the municipality shall evaluate whether participation in this Charter warrants consideration in competitive water resources grants administered by the Department and report back to the Green Tier Steering Committee with recommendations regarding such grants. See Excel spreadsheet APPENDIX 3 SUSTAINABILITY STRATEGY OPTIONS 85

86 FINANCE COMMITTEE JUNE 12, 2017 AT 7:22 P.M. LINCOLN CENTER 1519 WATER STREET PRESENT: ALSO PRESENT: Ald. Phillips, Kneebone, Shorr, and McComb. C/T Ladick; Mayor Wiza; City Attorney Beveridge; Clerk Moe; Directors Schrader, Beduhn; Assistant Police Chief Zenner; Ald. Slowinski, Morrow, Oberstadt, Dugan, Jennings, Nebel; Todd Neuenfeldt ITEM #1 PRESENTATION ON THE CITY BUDGET PROCESS. Mayor Wiza started off by stating that with the request for alderperson input in the capital budget, we wanted to go through and explain the process that the various departments go through behind the scenes in preparing the capital budget and prioritizing requests. C-T Ladick gave a presentation on the capital budget process, including how it starts with requests from each department, ranked in priority order. He also outlined the timeline for the capital budget process, and the projected total capital amounts from ITEM #2 DISALLOWANCE OF CLAIM-CAROL LASKOWSKI-TIRE DAMAGE. C-T Ladick stated that the claim is related to someone cutting a tire on the driveway to the Isaac Walton League, and recommended denying the claim because we can t guarantee that all of our roadways will be free of hazards. Ald. Shorr stated that he feels comfortable denying the claim since they are all reviewed by the insurance company. Motion made by Ald. Shorr, seconded by Ald. McComb, to disallow the claim. Ayes: All Nays: None Motion carried. ITEM #3 DISALLOWANCE OF CLAIM-ARLENE RANDALL-TRIP AND FALL. Ald. Phillips stated that we will need to postpone action as we need additional information from the claimant. Motion made by Ald. Kneebone, seconded by Ald. McComb, to postpone action. Ayes: All Nays: None Motion carried. ITEM #4 - CONTRACT WITH STEVEN SHEPRO, DOING BUSINESS AS FORWARD APPRAISAL, FOR ASSESSMENT SERVICES. C/T Ladick stated that this is a 3 year extension of the contract. It doesn t include an increase for the first year, but does include a 4% increase in the second and third years. Motion made by Ald. Shorr, seconded by Ald. Kneebone, to approve the new contract Ayes: All Nays: None Motion carried. ITEM #5 AUTHORIZATION FOR DIRECT PROCUREMENT OF PARKING KIOSKS UNDER THE STATE CONTRACT. 86

87 C/T Ladick stated that this is for procuring the parking kiosks. The reason why we want to go with this vendor is because they are the current vendor for UWSP, and UWSP is currently using their parking kiosks, so we figured it would be good to have the same interface, which students may already be familiar with. Ald. Kneebone stated that only having to learn how to use one rather two is smart, and she also asked what the cost is per kiosks. Director Beduhn stated that the price is about $9000 to $10,000 depending on the options we go with. Motion made by Ald. Kneebone, seconded by Ald. McComb, to approve direct procurement of parking kiosks under the state contract. Ayes: All Nays: None Motion carried. ITEM #6 APPROVAL OF PAYMENT OF CLAIMS. Motion made by Ald. Shorr, seconded by Ald. McComb, to accept the payment of claims in the amount of $4,534, Ayes: All Nays: None Motion carried. ITEM #7 ADJOURN INTO CLOSED SESSION 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) AND 19.85(1)(G) (CONFERRING WITH LEGAL COUNSEL FOR THE GOVERNMENTAL BODY WHO IS RENDERING ORAL OR WRITTEN ADVICE CONCERNING STRATEGY TO BE ADOPTED BY THE BODY WITH RESPECT TO LITIGATION IN WHICH IT IS OR IS LIKELY TO BECOME INVOLVED) ON THE FOLLOWING: A. NEGOTIATING THE POTENTIAL PURCHASE, SALE, AND/OR LEASE OF REAL ESTATE IN ORDER TO MEET CURRENT NEEDS FOR CITY ADMINISTRATIVE AND POLICE DEPARTMENT FACILITIES. B. NEGOTIATING THE POTENTIAL PURCHASE OF LAND FOR FUTURE DEVELOPMENT OPPORTUNITIES, AND/OR NEGOTIATING THE TERMS OF A DEVELOPMENT AGREEMENT. C. NEGOTIATING AN EXTENSION OF THE LEASE FOR THE PORTAGE COUNTY LIBRARY BUILDING, 1001 MAIN ST. D. PROPOSED SETTLEMENT AGREEMENTS WITH VARIOUS INDIVIDUAL CLAIMANTS REGARDING ALLEGED IMPACTS TO PRIVATELY OWNED WELLS ATTRIBUTABLE TO THE CITY S WELL 11. Motion made by Ald. McComb, seconded by Ald. Kneebone, to adjourn into closed session at 8:08 P.M. Roll Call: Ayes: Ald. Kneebone, McComb, Shorr, and Phillips Motion carried. Nays: None Motion made by Ald. McComb, seconded by Ald. Kneebone, to reconvene into open session at 9:13 P.M. Roll Call: Ayes: Ald. Kneebone, McComb, Shorr, and Phillips Motion carried. Nays: None Motion made by Ald. McComb, seconded by Ald. Kneebone, to approve the proposed settlement agreement with various individual claimants regarding alleged impacts to privately owned wells attributable to the City s well 11. Ayes: All Nays: None Motion carried. Adjourned at 9:15 P.M. 87

88 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims is made by and between: Patty Amman (herein individually or collectively Plaintiff ), and City of Stevens Point ( Defendant or City ). Based on the mutual covenants contained herein, Plaintiff and Defendant agree as follows: 1. Purpose. The purpose of this Agreement is to resolve the claim between Plaintiff and Defendant regarding allegations that City Well No. 11 ( Well 11 ) has affected Plaintiff s residential well without further litigation. Plaintiff and Defendant agree that this settlement represents a fair and reasonable alternative for resolving such claims. 2. Cost Reimbursement. Defendant shall reimburse Plaintiff fifty percent (50%) of the cost Plaintiff incurred in replacement of Plaintiff s well. The cost incurred is documented in the Claim previously served upon the City and shown on a table entitled Well Claims furnished to legal counsel for the City. Fifty percent of the cost Plaintiff incurred in replacement of Plaintiff s well amounts to $1, Method of Payment. The City shall submit payment by check payable to Buzza Dreier & Johnson LLC and mailed to Gary L. Dreier at 2925 Post Road, Stevens Point, WI No Admission. The City is entering into this Agreement for settlement purposes only. Nothing in this Agreement shall be construed as an admission by the City with respect to any claim now or hereafter asserted, nor shall it be considered a waiver of any defense. 5. Release of Claims. As consideration for the payments set forth above, Plaintiff, on behalf of his or herself, successors or assigns, does hereby fully and forever release and discharge all claims, demands, actions, and rights of action of any kind or nature which he or she now have or may hereafter claim to have against Defendant, as well as Defendant s attorneys, agents, representatives, employees, and any and all other entities and/or individuals, arising out of, related to, connected with, in consequence of, or on account of any claim Plaintiff may now or ever have which in any way arises out of or relates to Well 11. By signing this Agreement, Plaintiff authorizes the City to deem Plaintiff s notice of claim withdrawn upon Plaintiff s receipt of 88 1

89 payment pursuant to this Agreement. 6. Entire Agreement. The Parties acknowledge that this Agreement sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement. 7. No Additional Representations. Each party agrees that no representation or promise not expressly contained in this Agreement has been made by any Party hereto or by their agents, employees, representatives or attorneys. Each party further acknowledges that they are not entering into this Agreement on the basis of any such promise or representation, express or implied, and that they have been represented throughout all negotiations leading up to this Agreement by counsel or a representative of their choice. 8. Attorney Fees and Costs. Each party is responsible for its own attorneys fees and costs incurred in connection with Plaintiff s claim and this Agreement. 9. Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same Agreement. 89 2

90 THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT, FULLY UNDERSTAND IT, AND WARRANT THEIR AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF THE PARTY LISTED BELOW THEIR SIGNATURE. FOR PLAINTIFF(S) Signed this day of, Signed this day of, [Plaintiff] [Plaintiff] CONSENT TO SETTLEMENT Gary L Dreier, attorney for the above Plaintiff(s), hereby consents to the settlement of the above claim on the terms recited. Signed this day of, Attorney Gary L. Dreier 90 3

91 FOR THE CITY OF STEVENS POINT Signed this day of, Attorney Paul G. Kent for the Defendant, City of Stevens Point Signed this day of, Mike Wiza, Mayor City of Stevens Point 91 4

92 Well Claims Settlement Amount: $79, Claimant Name Well Address Replacement Well Cost % of Total Well Cost Share of Settlement Amman, Patty 5227 AIRPORT DRIVE $2, % $1, Bonikowske, Dennis and Mary Lou 5405 GREENVIEW $5, % $2, Hemmrich, Christian and Kristin 1453 MEADOWVIEW LANE $4, % $2, Jones, Virginia 1505 SKYLINE DRIVE $5, % $2, Kerlin, Steven and Elizabeth 1500 Skyline Drive $5, % $2, Koziczkowski, Rick 1532 SUNNY CREST $S, % $2, Lackey, Brenda (and Scheder, Catherine) 1405 SOMERSET DRIVE $3, % $1, L 1n~2, :.!r:2., 1397 S()MERSET DRIVE $5, % $3, Lipski, Robin Keith 1522 SKYLINE DRIVE $5, % $2, Lodahl, Carroll and Ruth 1501 SKYLINE DRIVE $6, % $3, Luth, Ronald and Diane 1S78 Skyline Drive $6, % $3, Makuski, Bruce and Sheryl 5442 HWY66 $6, % $3, Malnory, Susan and Karl 5327 FAIRVIEW $5, % $2, Mandeville, Brian and Cynthia 1419 SKYLINE DRIVE $8, % $4, Martinsen, Kathleen and Edward 1491 MEADOWVIEW LANE $5, % $2, Michelkamp, Kevin 5308 Fairview Drive $6, % $3, Miller, Wayne and Renetta 1467 Meadowview Lane $6, % $3, Pett, Christopher and Lisa 1420 SOMERSET DRIVE $6, % $3, Raatz, Larry and Connie 5432 HWY66 $8, % $4, Sandona, John and Michele 1411 SKYLINE $6, % $3, Skillman, Thomas 1445 SOMERSET DRIVE $7, % $3, Splinter, Michael 1475 Torun Rd $7, % $3, Stillman, Larry and Rita 5438 HWY66 $7, % $3, Tetzloff, Joyce 5289 Hwy 66 $3, % $1, Zahn, Nancy 1397 PLOVER HEIGHTS ROAD $8, % $4, Zblewski, Martin and Ann 5452 Greenview Lane $5, % $2, Zywicki, Ernest and Catherine 1603 Torun Rd $3, % $1, TOTALS $159, % $79, % [Settlement I Cost] 92