Public Notices

AN ORDINANCE OFFICIAL NOTICE Published by Authority of the Common Council of the City of Appleton Office of the City Clerk, Appleton Notice is hereby given that the following Ordinances were adopted by the Common Council on November 2, 2022 and approved by the Mayor on the 2nd day of November 2022. 59-22 AN ORDINANCE AMENDING SECTION 24-10(a) OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF APPLETON, RELATING TO APPLICABILITY AND JURISDICTION; APPLICABILITY. (Utilities Committee 10-19-2022) The Common Council of the City of Appleton does ordain as follows: Section 1: That Section 24-10(a) of Chapter 24 of the Municipal Code of the City of Appleton, relating to applicability and jurisdiction; applicability, is hereby amended to read as follows: Sec. 24-10. Applicability and jurisdiction. (a) Applicability. (1) This ordinance applies to all land disturbing activities, including transportation facilities, within the City of Appleton except as provided under sub. (3). (2) Land disturbing activities meeting any one of the following are required to prepare a plan and obtain a permit: a. Building on lots in subdivisions, certified survey maps or unplatted lands. b. Land disturbing activities involving grading, removal of protective ground cover or vegetation, excavation, land filling, scraping or other land disturbing activity affecting a surface of one (1) acre or more. c. Land disturbing activities involving street, highway, road or bridge construction, enlargement, relocation or reconstruction affecting a surface area of one (1) acre or more. d. Notwithstanding the previously listed applicability requirements, this ordinance applies to any sites which, in the opinion of the City of Appleton, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue erosion, that increases water pollution by scouring or the transportation of particulate matter, or that endangers property or public safety. (3) This ordinance does not apply to the following: a. Land disturbing construction activity that includes the construction of one- (1-) and two- (2-) family residential dwellings that are not part of a larger common plan of development or sale and that result in less than one (1) acre of disturbance. These construction sites are regulated by the Wisconsin Department of Safety and Professional Services under s. SPS 321.125 Wis. Adm. Code. b. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, part 122, for land disturbing activity. c. Nonpoint discharges from agricultural facilities and practices. d. Nonpoint discharges from silviculture activities. e. Activities conducted by a state agency, as defined under §227.01 (1), Wis. Stats., but also including the office of the district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under §281.33 (2), Wis. Stats. Section 2: This ordinance shall be in full force and effect from and after its passage and publication. 60-22 AN ORDINANCE AMENDING SECTION 24-24(b)(7) OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF APPLETON, RELATING TO PERFORMANCE STANDARDS FOR NON-PERMITTED SITES; REQUIREMENTS. (Utilities Committee 10-19-2022) The Common Council of the City of Appleton does ordain as follows: Section 1: That Section 24-24(b)(7) of Chapter 24 of the Municipal Code of the City of Appleton, relating to performance standards for non-permitted sites; requirements, is hereby amended to read as follows: Sec. 24-24. Performance standards for non-permitted sites. (b) Requirements. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following: (7) The transport, by runoff from the site, of chemicals, cement and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph. Section 2: This ordinance shall be in full force and effect from and after its passage and publication. 61-22 AN ORDINANCE AMENDING SECTION 24-25(c) OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF APPLETON, RELATING TO PERFORMANCE STANDARDS FOR PERMITTED SITES; EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. (Utilities Committee 10-19-2022) The Common Council of the City of Appleton does ordain as follows: Section 1: That Section 24-25(c) of Chapter 24 of the Municipal Code of the City of Appleton, relating to performance standards for permitted sites; erosion and other pollutant control requirements, is hereby amended to read as follows: Sec. 24-25. Performance standards for permitted sites. (c) Erosion and other pollutant control requirements. The plan required under sub. (b) shall include the following: (1) Erosion and sediment control practices shall be used to prevent or reduce all of the following: a. The deposition of soil from being tracked onto streets by vehicles. b. The discharge of sediment from disturbed areas into on-site storm water inlets. c. The discharge of sediment from disturbed areas into adjacent waters of the state. d. The discharge of sediment from drainage ways that flow off the site. e. The discharge of sediment by dewatering activities. f. The discharge of sediment eroding from soil stockpiles existing for more than seven (7) days. g. The discharge of sediment from erosive flows at outlets and in downstream channels. h. The transport, by runoff from the site, of chemicals, cement and other building compounds and materials from the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision. i. The transport by runoff of untreated wash water from vehicle and wheel washing from the construction site. Wastewaters, such as concrete truck washout, shall be properly managed to limit the discharge of pollutants. (2) BMPs that, by design, discharge no more than five (5) tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization, as determined by the WDNR construction site soil loss and sediment discharge guidance. (3) Erosion and Sedimentation BMPs may be combined to meet the requirements of this section. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing activity, or other appropriate mechanism. The method of calculating the percent reduction in sediment shall be a method approved by the City of Appleton. (4) No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with MEP. (5) Notwithstanding sub. (2), if BMPs cannot be designed and implemented to meet these requirements, the plan shall include a written and site-specific explanation as to why the requirements are not attainable and how the sediment load shall be reduced to the maximum extent practicable. (6) Preventative measures. The plan shall incorporate all of the following: a. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible. b. Minimization of soil compaction and preservation of topsoil. c. Minimization of land disturbing construction activity on slopes of twenty percent (20%) or more. d. Development of spill prevention and response procedures. (7) All off-site deposits occurring as a result of a storm event shall be cleaned up by the end of the next working day. All other off-site deposits occurring as a result of land disturbing activities shall be cleaned up by the end of the workday. Flushing is not allowed. Section 2: This ordinance shall be in full force and effect from and after its passage and publication. 62-22 AN ORDINANCE AMENDING SECTION 24-30(e) OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF APPLETON, RELATING TO PERMITTING REQUIREMENTS, PROCEDURES AND FEES (PERMIT REQUIREMENTS). (Utilities Committee 10-19-2022) The Common Council of the City of Appleton does ordain as follows: Section 1: That Section 24-30(e) of Chapter 24 of the Municipal Code of the City of Appleton, relating to permitting requirements, procedures and fees; permit requirements, is hereby amended to read as follows: Sec. 24-30. Permitting requirements, procedures and fees. (e) Permit requirements. All permits shall require the responsible party to: (1) Notify the City of Appleton no less than two (2) business days prior to commencing any land disturbing construction activity. (2) Notify the City of Appleton of completion of any BMPs within two (2) business days after their installation. (3) Notify the City of Appleton no less than two (2) business days prior to leaving the site at the completion of the project or seasonal shutdown. (4) Obtain permission in writing from the City of Appleton prior to any modification pursuant to Sec. 24-35 of the erosion and sediment control plan. (5) Install all BMPs as identified in the approved erosion and sediment control plan. (6) Maintain and repair all road drainage systems, storm conveyance systems, BMPs and other facilities, both on and off site, identified in the approved erosion and sediment control plan. (7) Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site erosion control log. (8) Inspect the BMPs within twenty-four (24) hours after each rain of 0.5 inches or more and at least once each week. Make needed repairs, install additional BMPs as necessary and document the findings of the inspections in an erosion control log kept on site with the date of inspection, the name of the person conducting the inspection, a description of the present phase of the construction, a description of any repairs needed and documentation of the completed repairs. (9) Winter dormant inspection requirements. When a permitted construction site is shut down and dormant over the winter season, the applicant shall be exempt from weekly inspections as required in Sec. 24-30(e)(7) upon approval of the Director of Public Works. In order for a permitted site to be classified as winter dormant, the applicant must install erosion control measures to the satisfaction of the Director of Public Works, provide an inspection of these measures and then cease all construction activities except for minor maintenance activities. Once a site is classified as winter dormant by the Director of Public Works, inspections are only required within twenty-four (24) hours of a rain or thaw event as determined by the Director of Public Works. If at any time construction resumes or an erosion control failure occurs at the site, the site shall lose the winter dormant classification and the applicant must resume normal inspection. (10) Documentation of inspection. When required by the City of Appleton, erosion control inspections, including any repairs needed and/or actions taken at the site, shall be documented on the City of Appleton online erosion control self-reporting system. The permittee will be given access to this website, which contains documentation and forms for use in the erosion control inspections. Digital photographs of each of the erosion control practices and the site conditions shall be submitted and shall be required to meet the minimum inspection requirements of this section. (11) Allow the City of Appleton to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the plan. Keep a copy of the erosion and sediment control plan at the construction site. Section 2: This ordinance shall be in full force and effect from and after its passage and publication. 63-22 AN ORDINANCE AMENDING SECTION 24-35(a) OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF APPLETON, RELATING TO EROSION AND SEDIMENT CONTROL PLAN, STATEMENT AND AMENDMENTS; EROSION AND SEDIMENT CONTROL PLAN. (Utilities Committee 10-19-2022) The Common Council of the City of Appleton does ordain as follows: Section 1: That Section 24-35(a) of Chapter 24 of the Municipal Code of the City of Appleton, relating to erosion and sediment control plan, statement and amendments, erosion and sediment control plan, is hereby amended to read as follows: Sec. 24-35. Erosion and sediment control plan, statement and amendments. (a) Erosion and sediment control plan. (1) An erosion and sediment control plan shall be prepared and submitted to the City of Appleton Department of Public Works. (2) The complete erosion and sediment control plan shall be submitted in both hard copy and .pdf format. (3) The erosion and sediment control plan shall be prepared by a person who holds a registration issued by the Wisconsin Department of Regulation and Licensing in one (1) of the following categories: a. Architect. b. Engineer. c. Land Surveyor. d. Landscape Architect. (4) The erosion and sediment control plan shall be designed to meet the performance standards in Sec. 24-25 and other requirements of this ordinance. (5) The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items: a. The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's contact at such firm. The application shall also include start and end dates for construction. b. Description of the site and the nature of the land disturbing activity. Sites of one (1) acre or more shall include the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map. c. The intended sequence of land disturbing construction of the development site, including stripping; clearing and grubbing; excavation; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date when clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, establishment of permanent vegetation and removal of erosion and sediment controls. d. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities. e. For sites with one (1) acre or more of disturbed area, provide calculations per WDNR Soil Loss Guidelines per Sec. 24-25(c)(2). f. Location and description of the existing surface soil as well as subsoils, as indicated by USDA Natural Resource Conservation Service Soil Survey information. g. Whenever permanent infiltration devices will be employed or were evaluated, the depth to the nearest seasonal high groundwater elevation or top of bedrock shall be identified per appropriate on-site testing. h. Name of the immediate named receiving water from the United States Geological Services 7.5 minute series topographic maps. (6) The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than one hundred (100) feet per inch and at a contour interval not to exceed two (2) feet. a. Existing topography, vegetative cover, natural and engineered drainage patterns and systems, roads, and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on the site and on adjacent lands shall be shown. Any identified 100-year flood plains, flood fringes, floodways, and flood storage areas shall also be shown. b. Boundaries of the parcel and the construction site. c. Drainage patterns and approximate slopes before and after major grading activities. d. Areas of soil disturbance. e. Location, dimensions and descriptions of major structural and non-structural controls identified in the erosion and sediment control plan. f. Location of areas where stabilization BMPs will be employed. g. Areas that will be vegetated following land disturbing construction activity. h. Area(s) and location(s) of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland, within one-quarter mile downstream of the construction site. i. Water courses and wetlands that may affect or be affected by runoff from the site. j. On sites one (1) acre or larger an alphanumeric or equivalent grid overlying the entire construction site map. k. Topography and drainage network of enough of the contiguous properties to show runoff patterns onto, through, and from the site. l. Location, dimensions and description of utilities, structures and pavements. m. Area(s) used for infiltration of post-construction stormwater runoff. (7) Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, the following minimum requirements: a. Description of interim and permanent stabilization practices, including a BMP implementation schedule. Erosion and sediment control plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized. b. Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City of Appleton, structural measures shall be installed on upland soils. c. Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls. d. Trapping of sediment in channelized flow. e. Staging land disturbing construction activities to limit exposed soil areas subject to erosion. f. Protection of downslope drainage inlets where they occur. g. Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site. h. Clean up of off-site sediment deposits. i. Proper disposal of building and waste materials, including but not limited to designated sites for concrete truck washout. j. Stabilization of drainage ways. k. Control of soil erosion from stockpiles. l. Installation of permanent stabilization practices within ten (10) days after final grading. m. Minimization of dust to the maximum extent practicable. (Ord 187-11, §1, 1-1-12) (8) The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected. Section 2: This ordinance shall be in full force and effect from and after its passage and publication. Dated: November 2, 2022 /s/Jacob A. Woodford, Mayor /s/Kami Lynch, City Clerk Run: November 7, 2022 WNAXLP

ANNUAL REPORT The annual report for the Island Memorial Medical Fund, Inc. for the year 2021 will be available for inspection after November 15, 2022 by any citizen who requests it within 180 days after this date. Please Contact: Dr. Terry Henkel Treasurer, 1271 Jackson Harbor Road Washington Island, WI 54246 Or call 920-847-2970 Run: November 19, 2022 WNAXLP

BUS SHELTERS FOR THE CITY OF WAUSAU/METRO RIDE Notice is hereby given by the Wausau Area Metropolitan Planning Organization (MPO) that it will receive proposals for the purchase of six (6) Bus Shelters to be used by City of Wausau/Metro Ride transit system to replace their existing shelters. Bids will be accepted until 3:00 P.M. on Friday, December 2, 2022. Bids should be delivered to Marathon County Conservation, Planning and Zoning Department, 210 River Drive, Wausau, WI 54403. Bids will be opened by Wausau MPO Staff at that time. To request procurement specifications and bid forms, contact Dave Mack, Wausau Metropolitan Planning Organization (MPO) Director, at dave.mack@co.marathon.wi.us or call 715-261-6043 during normal business hours. Additionally, the procurement specifications and bid forms are available at WausauMPO.org. All bids submitted must be furnished in accordance with those specifications. All proposals and accompanying certifications must be written on the blanks prepared by the undersigned for that purpose. The type of the equipment bid upon shall be indicated on the exterior of the envelope when submitted as follows: "Bid for Bus Shelters". The City of Wausau/Metro Ride will award this procurement to the bidder that submits the most appropriate bid in accordance with all requirements set forth in the bid specification. The City of Wausau reserves the right to reject any and all bids and to waive any technical deficiencies in the proposals. David Mack, Director Wausau Area Metropolitan Planning Organization Run: Nov. 7; wnaxlp

CIRCUIT COURT FOND DU LAC COUNTY IN THE MATTER OF THE ESTATE OF PAUL R. HALFMAN DOD: August 9, 2022 AMENDED NOTICE TO CREDITORS (Informal Administration) Case No. 22-IN-138 PLEASE TAKE NOTICE: 1. An application for informal administration was filed. 2. The decedent, with a date of birth March 19, 1977 and date of death August 9, 2022, was domiciled in Fond du Lac County, State of Wisconsin, with a mailing address of W6295 Cemetery Road, Van Dyne, Wisconsin 54979 3. All interested persons waived notice. 4. The deadline for filing a claim against the decedent's estate is February 16, 2023. 5. A claim may be filed at the City-County Government Center/Fond du Lac County Courthouse, 160 South Macy Street, Fond du Lac, WI, Probate Office. BY THE COURT: DATE SIGNED: November 10, 2022 Electronically signed by Brenda L. Woelfel, Probate Registrar Attorney Evan M. Seibel Dempsey Law Firm, LLP 10 Forest Avenue, Suite 200 Fond du Lac, Wisconsin 54935 (920) 923-2220 Bar Number 1117425 Runs: Nov. 13, 20 & 27, 2022 WNAXLP

CIRCUIT COURT OUTAGAMIE COUNTY IN THE MATTER OF THE ESTATE OF Sheri Lee Huettl Date of Death: October 20, 2022 NOTICE TO CREDITORS (Informal Administration) Case No. 2022IN000217 PLEASE TAKE NOTICE: 1. An application for informal administration was filed. 2. The decedent, with a date of birth July 15, 1975 and date of death October 20, 2022, was domiciled in Outagamie County, State of Wisconsin, with a mailing address of 700 Hoover Avenue, Appleton, WI 54915 3. All interested persons waived notice. 4. The deadline for filing a claim against the decedent's estate is February 22, 2023. 5. A claim may be filed at the Outagamie County Courthouse, Appleton, Wisconsin, Room 2B. BY THE COURT: DATE SIGNED: November 16, 2022 Signed by Brent Haroldson, Probate Registrar 2711 N. Mason Street, Suite B Appleton, WI 54914 920-733-5521 Bar Number 1020141 Runs: 11/18, 11/25, 12/02/22 WNAXLP

Circuit Court-Civil Division State of Wisconsin Small Claims Milwaukee County Case# 22SC024984 Service By Publication Defendant Name(s) and Address (es): TASHA DAVIDSON 1680 PRINCETON PL APT 7 GREENBAY WI 54302 You are being sued by Franklin Financial Corporation, in the small claims court, Milwaukee County, in the Milwaukee County courthouse located @ 901 N. 9th Street (Room #400) Milwaukee, WI 53233 A hearing will be held: Friday,December 30,2022 8:30 am. If you choose not to appear, a judgment will be given to Franklin Financial Corporation, due to default. A copy of this has been mailed to last know address on October 31, 2022 Plaintiff: (414) 447-5130 Franklin Financial Corporation 10101 W GREENFIELD AVE #200 WEST ALLIS WI 53214 November 2, 2022 wnaxlp

CITY COUNCIL MEETING MINUTES CITY OF FOND DU LAC, WISCONSIN Legislative Chambers 160 S Macy Street October 12, 2022 6:00 PM CALL TO ORDER Roll Call Present: Tiffany Brault, Kenneth Cassaday, Keith Heisler, Patrick Mullen, Thomas Schuessler, Jane Ricchio, Brett Zimmermann CONSENT AGENDA Special City Council Minutes September 21, 2022 Regular Council Minutes September 28, 2022 List Of Claims Dated October 5, 2022 A Motion was made by Keith Heisler to approve the consent agenda and seconded by Jane Ricchio, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann ACTION ITEMS "Class B" Intoxicating Liquor And Class "B" Fermented Malt Beverage A Motion was made by Thomas Schuessler to approve "Class B" Intoxicating Liquor and Class "B" Fermented Malt License for The Main Street Depot at 8 N Main Street and seconded by Brett Zimmermann, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Resolution No. 9028 A Motion was made by Keith Heisler to approve Resolution No. 9028 Approving the 2023 Business Improvement District Operating Plan with Supporting BID Tax Rate and seconded by Tiffany Brault, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Charter Ordinance No. 3756-2 A Motion was made by Keith Heisler to create a Charter Ordinance requiring a referendum for sale or lease of park property to build and seconded by Jane Ricchio, and the motion was Passed. Ayes: Brault, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Nays: Cassaday ADJOURN Adjourn To Closed Session A Motion was made by Tiffany Brault to adjourn to Closed Session at 6:21 p.m. and seconded by Brett Zimmermann, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Margaret Hefter, City Clerk Run: Nov. 2, 2022 WNAXLP

CITY COUNCIL MEETING MINUTES CITY OF FOND DU LAC, WISCONSIN Legislative Chambers 160 S Macy Street November 9, 2022 6:00 PM CALL TO ORDER Roll Call Present: Tiffany Brault, Kenneth Cassaday, Keith Heisler, Patrick Mullen, Thomas Schuessler, Jane Ricchio, Brett Zimmermann CONSENT AGENDA October 26, 2022 Minutes October 26, 2022 Closed Session Minutes List Of Claims Dated November 2, 2022 A Motion was made by Jane Ricchio to approve the Consent Agenda and seconded by Ken Cassaday, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann ACTION ITEMS "Class A" Intoxicating Liquor and Class "A" Fermented Malt Beverage A Motion was made by Thomas Schuessler to approve "Class A" Intoxicating Liquor and Class "A" Fermented Malt Beverages for Kwik Trip Inc. at 168 N Pioneer Rd. and seconded by Keith Heisler, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage A Motion was made by Brett Zimmermann to approve "Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverages for The Passenger Lounge LLC at 105 S Brooke St. and seconded by Ken Cassaday, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Resolution No. 9030 A Motion was made by Keith Heisler to approve Resolution No. 9030 Approving The Proposed 2023 Through 2027 Capital Improvement Plan and seconded by Jane Ricchio, and the motion was Passed. Ayes: Brault, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Nays: Cassaday Resolution No. 9031 A Motion was made by Jane Ricchio to approve Resolution No. 9031 Approving the proposed projects and American Rescue Plan Act (ARPA) Spending Plan and seconded by Tiffany Brault, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Resolution No. 9032 A Motion was made by Thomas Schuessler to approve Resolution No. 9032 Adopting The 2023 Fond du Lac Area Transit Budgets Introduction and seconded by Ken Cassaday, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Resolution No. 9033 A Motion was made by Keith Heisler to approve Resolution No. 9033 Adopting the Final City Budget, Levying A Tax And Establishing Fees and seconded by Brett Zimmermann, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Resolution No. 9034 A Motion was made by Ken Cassaday to approve Resolution No. 9034 Declaring Official Intent To Reimburse Expenditures From Proceeds Of Borrowing and seconded by Keith Heisler, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann Resolution No. 9035 A Motion was made by Thomas Schuessler to approve Resolution No. 9035 Declaring Official Intent To Reimburse Expenditures from Proceeds of Borrowing - Water and seconded by Jane Ricchio, and the motion was Passed. Ordinance No. 3762 A Motion was made by Brett Zimmermann to approve Ordinance No. 3762 Amending Chapter 255 Of The Code Of The City Of Fond du Lac Regarding Building And Plumbing Permits and seconded by Keith Heisler, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann ADJOURN A Motion was made by Brett Zimmermann to Adjourn at 6:22 p.m and seconded by Keith Heisler, and the motion was Passed. Ayes: Brault, Cassaday, Heisler, Mullen, Ricchio, Schuessler, Zimmermann, Margaret Hefter,City Clerk Margaret Hefter, City Clerk Run: November 16, 2022 WNAXLP

CITY HALL COUNCIL CHAMBERS WISCONSIN RAPIDS, WISCONSIN Tuesday, October 18, 2022 (A complete set of minutes is on file in the Clerk's Office) A meeting of the Wisconsin Rapids Common Council was held in the Council Chambers at City Hall, 444 West Grand Avenue, and via remote videoconferencing on Tuesday, October 18 2022, at 6:00 p.m. 1. Call to Order Mayor Blaser called the meeting to order at 6:00 p.m. 2. Roll Call Roll call indicated that all alderpersons were present. Alderperson Zacher attended via videoconference: 3. Pledge of Allegiance and Silent Prayer in Lieu of Invocation Mayor Blaser requested that all present stand for the Pledge of Allegiance and a moment of silent prayer. 4. Reading of the Minutes of the Previous Meeting held on September 20, 2022 It was moved by Veneman, seconded by Bemke to dispense with a reading and accept the minutes of the previous meeting. Motion carried, 8 ayes and 0 nays: Note: Alderperson Polach requested that it be noted that his mouse was not working and that he meant to vote yes on the acceptance of the August meeting minutes 5. Consider the Appointment of a Regular Member to the Water Works and Lighting Commission to replace Thomas Nowak, for a term expiring October 1, 2026 Bemke nominated John Harper. As there were no further nominations, Mayor Blaser asked for unanimous consent to close nominations. There was no objection, and nominations were closed. It was moved by Evanson, seconded by Rayome to appoint John Harper, 3521 14th Street South, as a regular member to the Water Works and Lighting Commission to replace Thomas Nowak, for a term expiring October 1, 2026. Motion carried, 8 ayes and 0 nays: 6. Consider the Appointment of One Regular Member and One City Employee Member to the Ethics Board for terms expiring November 1, 2025 Rayome nominated Robert Teeselink as a regular member. As there were no further nominations, Mayor Blaser asked for unanimous consent to close nominations. There was no objection, and nominations were closed. It was moved by Rayome, seconded by Bemke to reappoint Robert Teeselink, 1151 23rd Street North, as a regular member to the Ethics Board for a term expiring November 1, 2025. Motion carried, 7 ayes, 0 nays, and 1 abstention: Austin nominated Eric Daven as a City employee member. As there were no further nominations, Mayor Blaser asked for unanimous consent to close nominations. There was no objection, and nominations were closed. It was moved by Austin, seconded by Zacher to reappoint Eric Daven, 2811 21st Place as a City employee member to the Ethics Board for a term expiring November 1, 2025. Motion carried, 7 ayes, 0 nays, and 1 abstention: 7. Consider for Approval Mayor Blaser's Appointments to the Zoning Board of Appeals It was moved by Evanson, seconded by Austin to approve Mayor Blaser's appointments to the Zoning Board of Appeals: a. Jake Cattanach, 541 11th Street South, is reappointed as a 2nd alternate member for a term expiring 11/01/2025. b. Mike Hittner, 980 1st Avenue South, is reappointed as a regular member for a term expiring 11/01/2025. Motion carried, 8 ayes and 0 nays: Consider for Adoption the Actions of the Planning Commission at its meeting held on October 3, 2022: The Planning Commission met at 4:00 p.m. on October 3, 2022 in the Council Chambers at City Hall and via remote audioconferencing. The meeting was called to order at 4:01 p.m. 1. Approval of the report from the September 8, 2022, Plan Commission meeting Motion by Blaser to approve the report from the September 8, 2022, Plan Commission meeting; second by Austin. Motion carried (7 0) 2. Vandewalle & Associates Wisconsin Rapids Recovery & Redevelopment Plan Update Kyle Kearns relayed that the surveys are being wrapped up and a preliminary draft plan is anticipated for the November Plan Commission meeting. The consultant is being connected with the new owners of the mill to obtain more information to incorporate into the plan. More information about the Wisconsin Rapids Recovery & Redevelopment Plan can be found on the Community Development web page. 3. Bruce P. Linzmeier; Extraterritorial CSM: request for Certified Survey Map approval for the creation of 1 lot, within the Town of Rudolph at 6170 5th Avenue (County Parcel ID 1700345). Mr. Kearns provided a summary of the request, recommending approval. Motion by Austin to approve the request for Certified Survey Map approval for the creation of 1 lot, within the Town of Rudolph at 6170 5th Avenue (County Parcel ID 1700345); second by Daven. Motion carried (7 0) 4. Ginzl Insurance 22-001034; request for site plan and architectural review for a commercial building addition and site improvements at 540 Pepper Avenue (Parcel ID 3412534) Carrie Edmondson provided a brief history of the property and a synopsis of the proposed site plan, recommending approval with the conditions outlined in the staff report. Commissioner Austin had a question about the amount of site work being done compared to the size of the addition, to which Ms. Edmondson replied. Motion by Austin to approve 22-001034, a request for site plan and architectural review for a commercial building addition and site improvements at 540 Pepper Avenue (Parcel ID 3412534), subject to the following conditions: 1. All exterior materials including siding, windows, doors, and lighting shall match the existing structure. 2. The west parking area shall be marked as employee parking only. 3. Screening of the west side of the parking lot shall occur. An updated landscaping plan shall be submitted for review and approval by the Community Development Department. 4. A lighting plan must be submitted if any new parking lot lighting is proposed. 5. Light from the business shall not exceed 0.1 foot-candles at all neighboring residential property lines. 6. One accessible ADA approved parking space nearest the commercial building must be marked and signed. Page 10 of 50 W I S C Page 2 of 6 7. Applicable stormwater and building permits through the City shall be obtained as required. 8. Community development staff shall have the authority to approve minor modifications to the plans. Second by Daven. Motion carried (7 0) 5. Theresa Cashman 22-001023; request for site plan review to perform site improvements at 3820 8th Street South (Parcel ID 3413806) Kyle Kearns noted the corrections in the packet and that this information was provided to Commissioners on September 30. An analysis of 22-001023 was provided as was the recommendation for approval of the request with the conditions outlined in the staff report. Susan Feith made comments about her viewing and observations of the property regarding previous requests and the current one from the applicant. Member Daven had a question about past and pending site plans approvals for the property, and Mr. Goodreau inquired about the foundation for the accessory structure. The prospect of timelines for compliance was debated by commissioners; thereafter and Jim Lucas and Mr. Kearns discussed setbacks at the property. Motion by Blaser to approve the request for site plan review to perform site improvements at 3820 8th Street South (Parcel ID 3413806), subject to the following conditions: 1. Proper signage shall be installed identifying vehicle directions as needed. 2. A landscaping plan shall be submitted, to be reviewed and approved by the Community Development Department. 3. The proposed improvements will need to meet the City's Floodplain Ordinance, Stormwater Ordinances, and any other applicable City and State requirements pertaining to wetlands, floodplains, Waters of the State and navigable waterways. 4. A floodplain permit shall be required for improvements in the floodplain. 5. Light from the parking area shall not exceed 0.2 foot-candles at a neighboring commercial property line and 0.1 foot-candles at the neighboring residential property line. 6. Applicable permits through the City shall be obtained, including stormwater, if applicable. 7. Community development staff shall have the authority to approve minor modifications to the plans. Second by Daven. Motion carried (7 0) Commissioner Kubisiak left the meeting. 6. Theresa Cashman 22-001013; public hearing and action on a request to amend Chapter 11 Zoning Ordinance, specifically regarding architectural standards related to screening trash enclosures in commercial zoning districts. Community Development Director Kearns provided a synopsis of the request for the amendment to amend Chapter 11. Staff clarified a better option for an amendment which incorporates additional requirements for refuse storage, should Plan Commission wish to pursue a change to the code. Public hearing opened at 4:34 p.m. Speaking in favor: Jim Lucas Speaking against: none Public hearing closet at 4:37 p.m. Eric Daven inquired about the idea of obtaining a variance versus making the Code amendment and Kyle Kearns responded. Susan Feith commented about the implications of changing the Code for someone who did not comply while other businesses have met the Code standards in their construction projects. Commissioners Austin and Davin had questions about enclosure gates and opacity, to which Mr. Kearns responded. Discussions ensued as to whether exceptions to the standards should be made in Community Development or if they should be reviewed by Plan Commission. Motion by Daven to approve the requested amendment presented by staff to Chapter 11 Zoning Ordinance, specifically regarding architectural standards related to screening trash enclosures in commercial zoning districts, which includes changing the wording in standard (13) to Planning Commission versus Zoning Administrator and removing standard number 4. Commissioner Feith and Austin agreed that condition number 4 should be left in the request. Motion failed due to lack of a second. Motion by Austin to approve the requested amendment presented by staff to Chapter 11 Zoning Ordinance, specifically regarding architectural standards related to screening trash enclosures in commercial zoning districts, which includes changing the wording in standard (13) to Planning Commission versus Zoning Administrator, and retaining all 4 of the standards below: 1. The enclosure shall be located within the rear yard. 2. The chain link fence shall have privacy slats installed. 3. Landscaping, in the form of shrubs shall completely screen the enclosure at maturity and be a minimum of 50% of the enclosure height at planting, except the enclosure gate.The enclosure gate 4. shall be 100% opaque and made of wood, synthetic or metal materials. A chain link gate is permitted when a principal, or accessory building completely screen the gate from the right-of-way or adjacent lot. Second by Blaser. Motion carried (4 2; Goodreau and Feith voting against) 7. Adjourn Motion by Daven to adjourn; second by Thao. Motion carried (6 0). Meeting adjourned at 5:03 p.m. Rayome requested that item #6 be held out for separate vote. It was moved by Bemke, seconded by Veneman to approve and adopt the balance of the report, holding out item #6. Motion carried, 8 ayes and 0 nays: Regarding item #6, it was moved by Delaney, seconded by Austin to approve and adopt the ordinance as presented. Motion carried, 7 ayes and 1 nay. Ordinance No. MC 1327: Since this was a first reading of the ordinance, and the vote was not unanimous, this ordinance will be presented for a second reading at the November Common Council meeting. 8. Consider for Adoption the Actions of the Standing Committees of the Common Council, as Follows: A. REPORT OF THE FINANCE AND PROPERTY COMMITTEE MEETING HELD ON OCTOBER 4, 2022: The Finance and Property Committee met at 4:00 p.m. on Tuesday, October 4, 2022, in the Council Chambers at City Hall. 1. Call to Order Chairperson Zacher called the meeting to order at 4:05 p.m. 2. Consider a request from the Fire Department to approve the requisition for 6 Firefighters. It was moved by Bemke, seconded by Veneman to approve a request from the Fire Department for the requisition of 6 Firefighters, 3 will be applied for through the grant and if the grant is awarded, they will re- apply for it in 3 years. Motion carried 3 ayes and 0 nays. 3. Consider a request from the Fire Department to negotiate the upcoming contract renewals for Village of Port Edwards and the Town of Saratoga. It was moved by Veneman, seconded by Bemke to approve a request from the Fire Department to negotiate the upcoming contract renewals for Village of Port Edwards and the Town of Saratoga. Motion carried 3 ayes 0 nays. 4. Consider for approval the appointment of Kathryn R. Quilantan as successor agent for the Retail Class "A" Fermented Malt Beverages and Retail "Class A" Intoxicating Liquor licenses for Aldi Inc. Wisconsin, d/b/a Aldi #08, for the premises located at 1211 8th Street South. It was moved by Zacker, seconded by Veneman to approve the appointment of Kathryn R. Quilantan as successor agent for the Retail Class "A" Fermented Malt Beverages and Retail "Class A" Intoxicating Liquor licenses for Aldi Inc. Wisconsin, d/b/a Aldi #08, for the premises located at 1211 8th Street South. Motion carried 3 ayes and 0 nays. 5. Audit of the Bills It was moved by Bemke, seconded by Veneman to approve check numbers 14246 to 14515. Motion carried 3 ayes and 0 nays. 6. 2023 Budget discussion The 2023 Budget was discussed. No action was taken on this item. 7. Set next meeting date The next regular Committee meeting is set for Tuesday, November 1, 2022 at 4:00 p.m. 8. Adjourn. It was moved by Zacker, seconded by Bemke to adjourn. Motion carried, 3-0. The meeting adjourned at 4:41 p.m. It was moved Austin, seconded by Delaney to approve and adopt the actions of the Committee. Motion carried, 8 ayes and 0 nays: B. REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD ON OCTOBER 6, 2022: The Public Works Committee met on Thursday, October 6th, 2022 in the Council Chambers at City Hall and via remote videoconference. Ryan Austin, Sheri Evanson, Dennis Polach, and Tom Rayome were in attendance. Others attending are on file in the Clerk's office. 1. Call to order The meeting was called to order at 5:00 PM. 2. Review Engineering & Street Department Monthly Activity Report. The reports were reviewed. 3. Review the 5-year Capital Improvement Plan. The draft 5-year Public Works Capital Improvement Plan is available online at the Engineering Department homepage at wirapids.org/engineering. Motion by Evanson, second by Austin to approve the 5-year Public Works Capital Improvement Plan. Motion carried (3-0). 4. Review a preliminary resolution for public work and improvements for Wylie St between 8th St N to 10th St N proposed for construction in 2024. Motion by Evanson, second by Polach to approve the preliminary resolution for public work and improvements for Wylie Street between 8th St N and 10th St N. Motion carried (3-0). Resolution No. 31 (2022) 5. Review the condition of W. Riverview Expressway between Chase St and W Grand Ave and consider repair work in 2023 given this segment is a Connecting Highway segment regulated by the DOT. A presentation was given by the City Engineer regarding the current condition, background, and options available to the City to assist in taking action. All attendees spoke on the pros and cons of each of the options and the difficult nature of the decision. A motion was made by Evanson, second by Polach to include the pavement replacement cost of ~$667,000 in the 2023 budget. Motion carried (2-1) with Austin voting in the negative. 6. Review referral list. The referral list was reviewed and updated. 7. Set next meeting date. Next meeting date/time was set for Thursday, November 3rd, 2022 at 5pm. 8. Adjourn Motion by Evanson, second by Polach to adjourn at 6:09 pm. Motion carried (3-0). Bemke requested that item #5 be held out for separate vote. It was moved by Bemke, seconded by Veneman to approve and adopt the balance of the report, holding out item #5. Motion carried, 8 ayes and 0 nays: Regarding item #5, it was moved by Delaney, seconded by Veneman to defer this item to the Committee of the Whole because it relates to the adoption of the 2023 budget. Motion carried, 6 ayes, 1 nay, and 1 abstention: C. REPORT OF THE HUMAN RESOURCES COMMITTEE MEETING HELD ON OCTOBER 11, 2022: The Human Resources Committee held a meeting in the First Floor Conference Room of City Hall, 444 West Grand Avenue, Wisconsin Rapids, and via remote videoconferencing, on Tuesday, October 11, 2022, at 2:00 p.m. 1. Call to order The meeting was called to order by Chairperson Bemke at 2:00 p.m. 2. HR Update a. Recruitment Update b. Flu Clinic c. Open Enrollment Discussion and updates were given, no action was taken. 3. Consider proposals for the continuation of on-site fitness and physical therapy services; the preparation of job function descriptions; and annual occupational fitness/job function testing for police and fire department employees. Presentation given by Traci Tauferner from Advanced Physical Therapy and Sports Medicine. 4. The Committee may vote to go into closed session under Section 19.85(1)(e), Wis. Stats., which reads: "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" Motion by Rayome, seconded by Delaney to move into closed session. Roll call vote taken. All members voted in the affirmative. Motion carried 3-0. In closed session, the Committee discussed the proposals presented in item 3. Motion by Delaney, seconded by Rayome to direct City staff to negotiate with a proposer under the negotiation parameters outlined in closed session. In the event the parameters are met, this item may be held out from the Human Resources report on the Council agenda, and the Council may then consider approval of an agreement for these services. Motion carried 3-0. 5. The Committee may adjourn in closed session, or may return to open session. Motion by Rayome, seconded by Delaney to adjourn. Motion carried 3-0. The meeting adjourned in closed session at 3:45 p.m. Evanson requested that items #3 and #4 be held out for consideration at the end of the Council meeting. It was moved by Delaney, seconded by Bemke to approve and adopt the balance of the report, holding out items #3 and #4. Motion carried, 8 ayes and 0 nays: D. REPORT OF THE LEGISLATIVE COMMITTEE MEETING HELD ON OCTOBER 13, 2022: The Legislative Committee met on Thursday, October 13, 2022, at 4:00 p.m. in the Council Chambers of City Hall. 1. Call to Order Chairperson Bemke called the meeting to order at 4:00 p.m. All members were present. 2. Consider for adoption the repeal and recreation of Chapter 31 of the Municipal Code, entitled Historic Preservation, to amend provisions so that the City may become a Certified Local Government to access historic preservation resources. Motion by Austin, seconded by Zacher, to approve the ordinance as presented. Motion carried, 3- 0. 3. Discuss rules of the Common Council, specifically relating to the use of videoconferencing for standing committee, common council, and other committee meetings. Motion by Austin, seconded by Zacher, to make the revisions as discussed to the proposal presented and refer the ordinance and proposed rules to the Council. Motion carried, 3-0. 4. Discuss increasing the number of alderpersons of the City to nine (9) by adding an at-large member. There was discussion but no action was taken. Adjournment Motion by Austin, seconded by Zacher, to adjourn. Motion carried, 3-0. The meeting adjourned at 5:04 p.m. Delaney requested that item #2 be held out for separate vote. It was moved by Austin, seconded by Bemke to approve and adopt the balance of the report, holding out item #2. Rayome requested that item #3 be held out for separate vote. Mayor Blaser asked for unanimous consent to amend the motion to hold item #3 out for separate vote. No objection was made, and the motion was so amended. Motion carried, 7 ayes and 0 nays: Motion carried, 6 ayes and 1 nay. Ordinance No. MC 1328: Since this was a first reading of the ordinance, and the vote was not unanimous, the ordinance will be presented for a second reading at the November Common Council meeting. Regarding item #3, it was moved by Evanson, seconded by Veneman to approve this item as presented. Motion carried, 6 ayes and 1 nay. Ordinance No. MC 1329: Since this was a first reading of the ordinance, and the vote was not unanimous, the ordinance will be presented for a second reading at the November Common Council meeting. E. REPORT OF THE COMMITTEE OF THE WHOLE OF THE COMMON COUNCIL MEETING HELD ON OCTOBER 4, 2022: A meeting of the Committee of the Whole of the Wisconsin Rapids Common Council was held in the Council Chambers at City Hall, 444 West Grand Avenue, and via remote videoconferencing on Tuesday, October 4, 2022, at 5:00 p.m. The public was invited to listen to the audio of the meeting. The meeting was also streamed LIVE on the City's Facebook page. All Alderpersons were present. Also present were Mayor Blaser, Tim Desorcy, Tyler Mickelson, Todd Eckes, and Katherine Elchert. 1. Call to Order Council President Veneman called the meeting to order at 5:03 p.m. 2. Discussion Regarding the 2023 Budget The 2023 Budget was discussed. No action was taken on this item. 3. Adjourn There being no further business before the Committee, the meeting adjourned at 6:48 p.m. Veneman requested that this report be considered with the report from the Committee of the Whole meeting held on October 10, 2022. Mayor Blaser asked for unanimous consent to consider this report with the Committee of the Whole meeting held on October 10, 2022. No objection was made, and the 2 reports were considered together. See item 9. F. F. REPORT OF THE COMMITTEE OF THE WHOLE OF THE COMMON COUNCIL MEETING HELD ON OCTOBER 10, 2022: A meeting of the Committee of the Whole of the Wisconsin Rapids Common Council was held in the Council Chambers at City Hall, 444 West Grand Avenue, and via remote videoconferencing on Tuesday, October 10, 2022, at 5:00 p.m. 1. Call to Order Council President Veneman called the meeting to order. 2. Discussion Regarding the 2023 Budget The 2023 Budget was discussed. No action was taken on this item. 3. Adjourn There being no further business before the Committee, the meeting adjourned. It was moved by Veneman, seconded by Rayome to approve the reports of the Committee from October 4 and October 10. Motion carried, 7 ayes and 0 nays: 9. Reports of Other Committees, Commissions and Boards; Department Reports It was moved by Delaney, seconded by Veneman to place the reports on file. Motion carried, 7 ayes and 0 nays: 10. Referrals to Committee No referrals were received. 11. Regarding Human Resources item #3, the Council may vote to go into closed session under Section 19.85(1)(e), Wis. Stats., which reads: "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". In closed session, the Council may discuss negotiations and consider approval of a proposal for the continuation of on-site fitness and physical therapy services; the preparation of job function descriptions; and annual occupational fitness/job function testing for police and fire department employees. The Council will return to open session and may take action on the approval of a proposal regarding these services. It was moved by Bemke, seconded by Veneman to go into closed session. Motion carried, 7 ayes and 0 nays, and the Council went in to closed session: In closed session, the Council discussed negotiations and considered approval of a proposal for the continuation of on-site fitness and physical therapy services; the preparation of job function descriptions; and annual occupational fitness/job function testing for police and fire department employees. It was moved by Evanson, seconded by Veneman to return to open session. Motion carried, 7 ayes and 0 nays, and the Council returned to open session. It was moved by Bemke, seconded by Austin to enter into an agreement with Advanced Physical Therapy and Sports Medicine for on-site training, fitness, and physical therapy services for employees of the City, not to exceed approximately 10 hours per week at a rate of $120.00/ hr., commencing in 2023; with the agreement to include occupational fitness for duty test validation and annual testing for the Police and Fire Departments as negotiated and required per their respective collective bargaining agreements, with the testing to be budgeted through their respective departments. Motion carried, 6 ayes and 1 nay: Alderperson District Motion/Second Aye Nay Absent 12. The Council may vote to go into closed session under Section 19.85(1)(e), Wis. Stats., which reads: "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". In closed session, the Council may discuss negotiations and strategy regarding a Wastewater Services Agreement with the Village of Biron. The Council will return to open session. It was moved by Austin, seconded by Bemke to go into closed session. Motion carried, 7 ayes and 0 nays, and the Council went into closed session: In closed session, the Council discussed negotiations and strategy regarding a Wastewater Services Agreement with the Village of Biron. The Council took action in closed session. It was moved by Bemke, seconded by Delaney to return to open session. Motion carried, 7 ayes and 0 nays, and the Council returned to open session: 13. The Council may vote to go into closed session under Section 19.85(1)(e), Wis. Stats., which reads: "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 0Section 19.85(1)(g), Wis. Stats., which reads "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." In closed session, the Council may discuss negotiations and strategy and may consider a settlement agreement regarding Wood County Circuit Court Case No. 19-CV-190, Ronald Bohn vs. City of Wisconsin Rapids, et al. The Council may return to open session, or may adjourn in closed session. If the Council returns to open session, the Council may take action on approving a settlement agreement regarding the aforementioned litigation. It was moved by Delaney, seconded by Veneman to go into closed session. Motion carried, 7 ayes and 0 nays, and the Council went into closed session: In closed session, the Council discussed negotiations and strategy and considered a settlement agreement regarding Wood County Circuit Court Case No. 19-CV-190, Ronald Bohn vs. City of Wisconsin Rapids, et al. The Council took action in closed session. It was moved by Bemke, seconded by Evanson to adjourn in closed session. Motion carried, 7 ayes and 0 nays, and the meeting adjourned at 9:25 p.m.: Respectfully submitted, Jennifer M. Gossick, City Clerk. RUN: November 16, 2022 WNAXLP

CITY HALL COUNCIL CHAMBERS WISCONSIN RAPIDS, WISCONSIN Tuesday, September 20, 2022 (A complete set of minutes is on file in the Clerk's Office) A meeting of the Wisconsin Rapids Common Council was held in the Council Chambers at City Hall, 444 West Grand Avenue, and via remote videoconferencing on Tuesday, September 20, 2022, at 6:00 p.m. 1. Call to Order Mayor Blaser called the meeting to order at 6:00 p.m. 2. Roll Call Roll call indicated that all alderpersons were present: 3. Pledge of Allegiance and Silent Prayer in Lieu of Invocation Mayor Blaser requested that all present stand for the Pledge of Allegiance and a moment of silent prayer. 4. Reading of the Minutes of the Previous Meeting held on August 16, 2022 It was moved by Veneman, seconded by Delaney to dispense with a reading and accept the minutes of the previous meeting. Motion carried, 7 ayes and 1 nays: Note: Alderperson Polach intended to vote aye on this item, but had technical difficulties in casting his vote. 5. Consider the appointment of a regular member to the Water Works and Lighting Commission for a term expiring October 1, 2027 Bemke nominated John Harper; Veneman nominated Jeff Penzkover. Mayor Blaser asked for unanimous consent to close nominations and take a vote. There was no objection, and nominations were closed. A vote was taken, which resulted in a tie, 4 votes for Harper, 4 votes for Penzkover: By unanimous consent the tie was broken by a coin toss. Jeff Penzkover, 1231 17th Street North won the coin toss, and was appointed as a regular member to the Water Works and Lighting Commission, for a term expiring October 1, 2027. 6. Second reading of an ordinance revising the role and responsibilities of the Park and Recreation Commission, as recommended by the Park and Recreation Ad Hoc Committee and the Park and Recreation Commission It was moved by Bemke, seconded by Veneman to approve an ordinance revising the role and responsibilities of the Park and Recreation Commission, as recommended by the Park and Recreation Ad Hoc Committee and the Park and Recreation Commission. Motion carried, 5 ayes and 3 nays. Ordinance No. MC 1324: Note: Alderperson Polach intended to vote aye on this item, but had technical difficulties in casting his vote. 7. Consider a Resolution that the city of Wisconsin Rapids be exempted from the payment of any county library tax as provided in Section 43.64(2)(b) It was moved by Evanson, seconded by Austin to approve a Resolution that the city of Wisconsin Rapids be exempted from the payment of any county library tax as provided in Section 43.64(2)(b). Motion carried, 8 ayes and 0 nays. Resolution No. 25 (2022): 8. Consider a Resolution recognizing Curt Witynski and Gail Sumi for their service with the League of Wisconsin Municipalities It was moved by Veneman, seconded by Bemke to approve a Resolution recognizing Curt Witynski and Gail Sumi for their service with the League of Wisconsin Municipalities. Motion carried, 8 ayes and 0 nays. Resolution No. 26 (2022): Presentation on Historic Preservation and the Certified Local Government program by the Community Development Department Kyle Kearns gave a presentation on Historic Preservation and the Certified Local Government Program. No action was taken on this item. Consider for Adoption the Actions of the Planning Commission at its meeting held on September 8, 2022: The Planning Commission met at 4:00 p.m. on September 8, 2022 in the Council Chambers at City Hall and via remote audioconferencing. The meeting was called to order at 4:00 p.m. 1. Approval of the report from the August 1, 2022, Plan Commission meeting Motion by Goodreau to approve the report from the August 1, 2022, Plan Commission meeting; second by Daven. Motion carried (4 0) 2. Vandewalle & Associates Wisconsin Rapids Recovery & Redevelopment Plan Update Kyle Kearns relayed that the surveys are being wrapped up and a preliminary draft plan is anticipated for the October or November Plan Commission meeting. More information about the Wisconsin Rapids Recovery & Redevelopment Plan can be found on the Community Development web page. 3. Argil L Jackson; Extraterritorial CSM: request for Certified Survey Map approval for the creation of 2 lots, of which are under 5 acres, within the Town of Saratoga at 8950 STH 13 South (County Parcel ID 1800159). Kyle Kearns provided a summary of both items 3 and 4 on the agenda, recommending approval. Susan Feith joined the meeting at this time but did not vote on items 3 and 4 as she was not present during the discussions. Motion by Daven to approve the request for Certified Survey Map approval for the creation of 2 lots, of which are under 5 acres, within the Town of Saratoga at 8950 STH 13 South (County Parcel ID 1800159); second by Goodreau. Motion carried (4 0) 4. Joe Winkelman; Extraterritorial CSM: request for Certified Survey Map approval for the creation of 2 lots, one of which is 5 acres, within the Town of Grand Rapids at 1721 48th Street South (County Parcel ID 0700677A). Motion by Goodreau to approve the request for Certified Survey Map approval for the creation of 2 lots, one of which is 5 acres, within the Town of Grand Rapids at 1721 48th Street South (County Parcel ID 0700677A); second by Austin. Motion carried (4 0) Thad Kubisiak entered the meeting 5. Carol Wunrow-Brody 22-000952; request for a site plan review to construct greenhouse structures and site improvements at 2320 Sampson Street (Parcel ID 3411091) Carrie Edmondson provided a brief description of the applicant's greenhouse business and a re-cap of the most recent Zoning Board of Appeals decision. Approval of 22-000952 was recommended with the conditions outlined in the staff report. Motion by Kubisiak to approve the request for a site plan review to construct greenhouse structures and site improvements at 2320 Sampson Street (Parcel ID 3411091), subject to the following conditions: 1. The trash container shall be appropriately screened from public view, to be reviewed and approved by the Community Development Department. 2. A landscape plan shall be submitted that includes 60 points of frontage landscape points, to be reviewed and approved by the Community Development Department. 3. Outdoor storage shall be screened from public view, however plants, dirt, and related items available for retail sales shall be permitted to be free of screening. 4. Any outdoor lighting shall not exceed 0.1 foot-candles at neighboring residential uses. 5. All applicable permits through the City shall be obtained. 6. Community development staff shall have the authority to approve minor modifications to the plans, including adjusting placement of structures as needed to meet building code requirements. Second by Goodreau. Motion carried (6 0) 6. pb2 architecture and engineering 22-000874: public hearing and action on a request for a Conditional Use Permit Amendment to expand the retail use by constructing an addition onto Walmart at 4331 8th Street South (Parcel ID 3414264). Carrie Edmondson noted the error in the staff report under 'Findings of Fact' and clarified the square footage for item 4. She provided a synopsis of the proposal and staff recommended approval with the conditions indicated in the staff report. Public hearing opened at 4:15 p.m. Speaking against: Brian Drollinger of 4611 10th St S. (Town of Grand Rapids) Speaking in favor: Amy Miles, architect for pb2 architecture and engineering Public hearing closed at 4:18 p.m. Motion by Feith to approve the request for a Conditional Use Permit Amendment to expand the retail use by constructing an addition onto Walmart at 4331 8th Street South (Parcel ID 3414264) subject to the following conditions: 1. A lighting plan shall be submitted if any changes to existing lighting or increase in lighting intensity is proposed, to be reviewed and approved by the Community Development Department. 2. Lighting from the development shall not exceed 0.1 foot-candles at neighboring residential property lines or 0.2 foot-candles at neighboring commercial property lines. 3. Applicable building and stormwater permit (state and local) shall be obtained. 4. A gate valve shall be placed on the west end of the proposed water main relocation to allow adjacent business to continue service. 5. Minor modifications to the plan shall be permitted to be reviewed and approved by the Community Development Department. Second by Daven. Motion carried (6 0) Resolution No. 27 (2022) 7. Altmann Construction Company Inc., representing Mary's Place 22-000931: public hearing and action on a request for a conditional use permit to renovate a building for multi-family housing and the operation of a temporary residential shelter at 520 8th Avenue South (Parcel ID 3402962) Carrie Edmondson provided some background of the property at 520 8th Ave S. and a summary of request for a conditional use permit and the operation of a residential shelter. Public hearing opened at 4:22 p.m. Speaking against: -Tori Peterson of 550 8th Ave S. -Dennis Gaskill of 511 8th Ave S. -Alison Gaskill of 511 8th Ave S. -Amy Hopkins of 541 8th Ave S. Speaking in favor: -Jim Joyce, 125144 Cty Rd P (Edgar, WI) -Mike Hittner of 980 1st Ave S. -Rock Larson of 524 Old Wausau Rd (Stevens Point) -Dean Ramsden -Danielle Potts of 240 13th St S. -Tom Altmann of 932 Woodland Cir. (Plover) -Helen Streekstra of 531 Hill St. -Jim Lucas of 1930 1st St N. -Sara Hoth of 521 Bruce Ln. -Doug Christenson of 400 Market St. Public hearing closed at 4:55 p.m. Commissioners asked questions about the organization's history and nature of services, the residents on site, security, the presence of a site manager, number of employees, maintenance of the property, curfew, typical length of stay, migratory transitional housing, residents utilizing services multiple times and tenant status meetings to which Jim Joyce (representing Mary's Place) responded. Mr. Joyce also replied to Ms. Gaskill's concerns about funding and the utilization of the grant. Alderperson Matt Zacher inquired about the sale of the property and Mr. Joyce indicated that Mary's Place would be buying the building. Kyle Kearns addressed Commissioners' concerns about the number or parking stalls, potential complaints, and the approval and the extent of the City's authority to revoke the conditional use. Mr. Kearns and Jim Lucas also addressed questions regarding building codes and state approved plans. Motion by Blaser to approve the request for a conditional use permit to renovate a building for multi-family housing and the operation of a temporary residential shelter at 520 8th Avenue South (Parcel ID 3402962), subject to the following conditions: 1. Approval of the conditional use permit shall include the designation of twelve on-site parking spaces. 2. Any proposed parking lot reconstruction shall include one ADA approved parking space and landscape requirements, to be reviewed and approved by the Community Development Department. 3. Any trash containers located outside shall be concealed or suitably screened from public view, to be reviewed and approved by the Community Development Department. 4. Applicable building permits though the City shall be obtained. 5. Community Development staff shall have the authority to approve minor modifications to the plans. Second by Goodreau. Motion carried (5 1; Kubisiak voting against) Resolution No. 28 (2022) 8. City of Wisconsin Rapids 22-000929: public hearing and action on a request to amend Chapter 11-Zoning Ordinance, specifically Appendix A Land-Use Matrix, and Appendix B Land Uses to reclassify and define Tourist Rooming House. Mr. Kearns provided a review of the proposed changes to Chapter 11-Zoning Ordinance regarding tourist rooming houses. Public hearing opened at 5:30 p.m. Speaking against: none Speaking in favor: none Public hearing closed at 5:31 p.m. Mr. Kearns provided an overview of the staff memo to amend the section of Chapter 11 Zoning pertaining to tourist rooming houses. Alderperson Patrick Delaney discussed the differences and similarities between the City's previously-approved Conditional Use Permit for tourist rooming houses with the regulations already in place with the Wood County Department of Health and the State. The impetus and procedures for inspections and property reviews were also part of the conversations. Commissioner Feith inquired about the implications of the modification of the code to which Kyle Kearns responded. Mr. Kearns also answered questions about the City's ability to suspend or terminate the use at a parcel if no CUP were in place. Motion by Daven to approve the request to amend Chapter 11-Zoning Ordinance, specifically Appendix A Land-Use Matrix, and Appendix B Land Uses to reclassify and define Tourist Rooming House; second by Blaser. Motion carried (5 1; Feith voting against) Ordinance No. MC 1325 9. Adjourn Motion by Kubisiak to adjourn; second by Goodreau. Motion carried (6 0). Meeting adjourned at 5:58 p.m. Zacher requested that item #7 be held out for separate vote. It was moved by Austin, seconded by Evanson to approve and adopt the balance of the report, holding out item #7. Motion carried, 8 ayes and 0 nays: Regarding item #7, it was moved by Austin, seconded by Veneman to approve and adopt the item as presented. Motion carried, 7 ayes and 1 nay: 9. Consider for Adoption the Actions of the Standing Committees of the Common Council, as Follows: A. REPORT OF THE FINANCE AND PROPERTY COMMITTEE MEETING HELD ON SEPTEMBER 7, 2022: The Finance and Property Committee met at 4:05 p.m. on Wednesday, September 7, 2022, in the First Floor Conference Room at City Hall. 1. Call to Order Chairperson Zacher called the meeting to order at 4:05 p.m. 2. Consider a request from 17SIXTEEN LLC, D/B/A 17SIXTEEN, Marybeth Severin, agent, for a Retail Class "B" Fermented Malt Beverages license and a Retail "Class B" Intoxicating Liquor license for the premises located at 1716 Baker Street It was moved by Bemke, seconded by Zacher to approve a request from 17SIXTEEN LLC, D/B/A 17SIXTEEN, Marybeth Severin, agent, for a Retail Class "B" Fermented Malt Beverages license and a Retail "Class B" Intoxicating Liquor license for the premises located at 1716 Baker Street. Motion carried, 3-0. 3. Consider a request from the Fire Department to use the Insurance money from the Ford Pickup settlement last October to be used to purchase a Dodge 1/2 ton Crew Cab to replace that vehicle It was moved by Zacher, seconded by Bemke to approve a request from the Fire Department to use the insurance money from the Ford Pickup settlement last October to be used to purchase a Dodge 1/2 ton Crew Cab to replace that vehicle. Motion carried, 3-0. 4. Review and consider approval of a request from Nsight Telecom Company for a 10'-wide permanent utility easement along the existing retaining wall on the east side of Robinson Park to install and maintain new fiber optic lines. Nsight is offering a compensation of $2,000 for this permanent utility easement in Robinson Park It was moved by Bemke, seconded by Zacher to tentatively approve a request from Nsight Telecom Company for a 10'-wide permanent utility easement along the existing retaining wall on the east side of Robinson Park to install and maintain new fiber optic lines, with a requested compensation of $15,000 from Nsight for this permanent utility easement, with all improvements and facilities being underground and below grade, and allow the City Engineer to negotiate with the company within the negotiation parameters the Committee has given to him regarding compensation for the easement. Any compensation received from the easement shall be used for future Park and Recreation Department projects. Motion carried, 3-0. 5. Consider for approval a revision to the policy governing the procedures and guidelines for the acquisition, transfer, and disposal of City of Wisconsin Rapids Mass Transit vehicles It was moved by Veneman, seconded by Bemke to approve a revision to the policy governing the procedures and guidelines for the acquisition, transfer, and disposal of City of Wisconsin Rapids Mass Transit vehicles as presented. Motion carried, 3-0. 6. Audit of the Bills It was moved by Bemke, seconded by Veneman to approve check numbers 13881 to 14245. Motion carried, 3-0. 7. Review and consider for approval 2022 Budget Amendment Resolution No. 3 It was moved by Bemke, seconded by Zacher to approve 2022 Budget Amendment Resolution No. 3 as presented. Motion carried, 3-0. Resolution No. 29 (2022) 8. 2023 Budget discussion The 2023 Budget was discussed. No action was taken on this item. 9. Set next meeting date The next regular Committee meeting is set for Tuesday, October 4, 2022 at 4:00 p.m. 10. Adjournment. It was moved by Bemke, seconded by Veneman to adjourn. Motion carried, 3-0, and the meeting adjourned at 4:55 p.m. Delaney requested that item #4 be held out for separate vote. Evanson requested that item #7 be held out for separate vote. It was moved by Bemke, seconded by Veneman to approve and adopt the balance of the report, holding out items #4 and #7. Motion carried, 8 ayes and 0 nays: Regarding item #4, it was moved by Zacher, seconded by Veneman to approve a request from Nsight Telecom Company for a 10'-wide permanent utility easement along the existing retaining wall on the east side of Robinson Park to install and maintain new fiber optic lines, with a requested compensation of $7,500 from Nsight for this permanent utility easement, with all improvements and facilities being underground and below grade. Any compensation received from the easement shall be used for future Park and Recreation Department projects. Motion carried, 6 ayes and 2 nays: Regarding item #7, it was moved by Delaney, seconded by Veneman to approve the item as presented. Motion carried, 8 ayes and 0 nays: B. REPORT OF THE PUBLIC WORKS COMMITTEE MEETING HELD ON SEPTEMBER 8, 2022: The Public Works Committee met on Thursday, September 8, 2022 in the Council Chambers at City Hall and via remote videoconference. 1. Call to order The meeting was called to order at 6:05 PM. 2. Review Engineering & Street Department Monthly Activity Report. The reports were reviewed. 3. Review the traffic study at 13th St S and Peach St and consider modifying the traffic control signage. Joe Eichsteadt, City Engineer, explained the Engineering Department's review of the uncontrolled intersection, specifying that no additional signage at the intersection was recommended based on the Department's review, the Department's policy, and adherence to the Manual on Uniform Traffic Control Devices (MUTCD). Danielle Potts (240 13th Street S.) spoke about safety concerns she has at the intersection of 13th Street & Peach Street and that her preference would be to add yield signs to the 13th Street approaches at a minimum. After some discussion, motion made by Polach, second by Evanson to install yield signs at the 13th Street approaches of the intersection. Motion carried (3-0). Ordinance No. MC 1326 4. Review a request to establish a Quiet Zone for train horns on the east side of the city. Requirements necessary to establish a railroad quiet zone were reviewed. An approximate cost (from 2016) of $700,000 was identified to carry out proposed improvements that would be necessary to establish a railroad quiet zone on the east side of the City. 5. Review the bid results for the West Riverview Expressway Traffic Signal Improvement project and consider awarding the contract to the low, qualified bidder with scope revisions. Bids for West Riverview Expressway Traffic Signal Improvement project were reviewed. A single bid from Pember Companies was received with a price of $793,617.05. This cost would be significantly higher than DOT grant funding of approximately $535,000, meaning the City would incur significant additional costs if the project proceeds as bid. The City's options were discussed, including awarding the project as currently bid and incurring additional costs as well as the option of denying bids and rebidding a smaller portion of the work (at W. Grand intersection) in the future. After some discussion, motion was made by Evanson, second by Austin to deny the current bid from Pember Companies and rebid the project at a reduced scope by removing work at Chase Street and High Street, with the intent of applying for an additional grant from DOT to do remaining work at Chase & High Streets at a later date. 6. Review the 5-year Capital Improvement Plan. A draft version of the 2023-2027 capital improvement plan was reviewed, highlighting revisions from last year's capital improvement plan. 7. Review a preliminary resolution for public work and improvements for Lincoln St between E Riverview Expressway and Peach St proposed for construction in 2024. The need for the approval of a preliminary resolution in order to proceed with survey and eventual design work for Lincoln Street between Riverview Expressway and Peach Street was reviewed. Motion by Evanson, second by Polach to approve preliminary resolution for public work and improvements for Lincoln Street between Riverview Expressway and Peach Street. Motion carried (3-0). 8. Review referral list. The referral list was reviewed and updated. 9. Set next meeting date. Next meeting date/time was set for Thursday, October 6th, 2022 at 5pm. 10. Adjourn Motion by Polach, second by Evanson to adjourn at 7:19 pm. Motion carried (3-0). It was moved by Delaney, seconded by Evanson to approve and adopt the actions of the Committee. Rayome requested that item #3 be held out. Mayor Blaser asked for unanimous consent to amend the motion to hold item #3 out for separate vote. No objection was made, and the motion was so amended. Motion carried, 8 ayes and 0 nays: Regarding item #3, it was moved by Veneman, seconded by Austin to approve this item as presented. Motion carried, 7 ayes and 1 nay: C. REPORT OF THE HUMAN RESOURCES COMMITTEE MEETING HELD ON SEPTEMBER 13, 2022: The Human Resources Committee held a meeting in the Council Chambers of City Hall, 444 West Grand Avenue, Wisconsin Rapids, and via remote videoconferencing, on Tuesday, September 13, 2022, at 1:30 p.m. All Committee members were present. Also present were Alderperson Polach, Fire Chief Eckes, HR Manager Ryan Hartman, Ben Goodreau, Derek Matykowski, and Karen Madden. 1. Call to order The meeting was called to order by Chairperson Bemke at 1:33 p.m. 2. HR Update a. Speak Your Peace presentation b. Recruitment update c. Safety Committee Discussion and updates were given, no action was taken. 3. Discuss and consider for approval the addition of 6 new firefighter positions, with 3 of the positions contingent upon an award of a SAFER grant for the 3 positions; the grant will pay for 3 positions for 3 years and the City can reapply for the grant after the 3 years. Motion by Delaney, seconded by Rayome to approve the addition of 6 new firefighter positions, with 3 of the positions contingent upon an award of a SAFER grant for the 3 positions; the grant will pay for 3 positions for 3 years and the City will reapply for the grant after the 3 years. The 3 non-grant positions are contingent upon the funding of the positions in the 2023 budget, and would be effective January 2023. Motion carried 3-0. 4. Discussion regarding on-site fitness program. Discussion occurred- Human Resources will gather proposals for on-site fitness providers, along with proposals for on-site fitness testing programs within the WRFD and the WRPD. 5. Adjournment. Motion by Rayome, seconded by Delaney to adjourn. Motion carried 3-0. The meeting adjourned at 2:20 p.m. It was moved by Rayome, seconded by Austin to approve and adopt the actions of the Committee. Motion carried, 7 ayes and 1 nay: 10. Reports of Other Committees, Commissions and Boards; Department Reports A. McMillan Memorial Library Personnel Committee held April 6, 2022; Board of Trustees held April 20, May 18, May 20, June 3, and June 15, 2022; Joint meeting of the Finances and Services Committees held May 10, 2022; Services Committee held August 9, 2022; and Building and Grounds Committee held July 13, 2022 and August 10, 2022 B. Zoning Board of Appeals held April 14, 2022, May 23, 2022 and August 29, 2022 C. Ad Hoc Committee to Review the Park and Recreation Commission held May 3, 2022 D. Police and Fire Commission held August 10, 2022 E. Water Works and Lighting Commission regular and special meetings held August 10, 2022 F. Wastewater Treatment Commission held July 13, 2022, August 10, 2022 and Monthly Summary for August 2022 G. South Wood County Airport Commission Monthly Summary for August 2022 H. Engineering Department Monthly Summary for August 2022 I. Public Works Department Monthly Summary for August 2022 J. Wisconsin Rapids Fire Department Monthly Summary for August 2022 K. Wisconsin Rapids Police Department Monthly Summary for August 2022 L. Park and Recreation Commission held September 19, 2022 It was moved by Bemke, seconded by Delaney to place the reports on file. Motion carried, 8 ayes and 0 nays: 11. Referrals to Committee No referrals were received. 12. Adjournment It was moved by Evanson, seconded by Zacher to adjourn. Motion carried, 8 ayes and 0 nays: The meeting adjourned at 8:51 p.m. Respectfully submitted, Jennifer M. Gossick, City Clerk. RUN: November 16, 2022 WNAXLP