1 00:00:05,359 --> 00:00:09,040 It is Tuesday, August 18th, 2026, 7 p.m. 2 00:00:09,040 --> 00:00:10,639 I will call the city council meeting to 3 00:00:10,639 --> 00:00:12,480 order. Clerk Tone, would you please call 4 00:00:12,480 --> 00:00:14,960 RO? 5 00:00:14,960 --> 00:00:16,640 >> Council member Huckabe 6 00:00:16,640 --> 00:00:17,199 >> here. 7 00:00:17,199 --> 00:00:18,480 >> Council member Johnson 8 00:00:18,480 --> 00:00:19,199 >> here. 9 00:00:19,199 --> 00:00:20,720 >> Council member Lascoer 10 00:00:20,720 --> 00:00:21,680 >> here. 11 00:00:21,680 --> 00:00:22,960 >> Council member Price 12 00:00:22,960 --> 00:00:23,519 >> here. 13 00:00:23,519 --> 00:00:24,400 >> President Jen 14 00:00:24,400 --> 00:00:26,960 >> here. Thank you. Item three, pledge of 15 00:00:26,960 --> 00:00:33,670 allegiance. I invite everybody to stand. 16 00:00:33,680 --> 00:00:36,079 To the flag of the United States of 17 00:00:36,079 --> 00:00:38,800 America and to the republic for which it 18 00:00:38,800 --> 00:00:41,760 stands. One nation under God, 19 00:00:41,760 --> 00:00:44,079 indivisible, with liberty and justice 20 00:00:44,079 --> 00:00:48,229 for all. 21 00:00:48,239 --> 00:00:51,360 » Thank you. Item four, consent agenda. 22 00:00:51,360 --> 00:00:53,199 The consent agenda outlined below is 23 00:00:53,199 --> 00:00:55,199 hereby presented for action by the city 24 00:00:55,199 --> 00:00:57,280 council. Items may be removed from the 25 00:00:57,280 --> 00:00:59,359 consent agenda on the request of any one 26 00:00:59,359 --> 00:01:01,760 council member. Items not removed may be 27 00:01:01,760 --> 00:01:04,159 adopted by one action without debate. 28 00:01:04,159 --> 00:01:05,920 Removed items may be taken up either 29 00:01:05,920 --> 00:01:07,760 immediately after the consent agenda or 30 00:01:07,760 --> 00:01:09,360 placed later on the agenda at the 31 00:01:09,360 --> 00:01:15,750 discretion of the council president. 32 00:01:15,760 --> 00:01:18,240 » I move to approve the consent agenda as 33 00:01:18,240 --> 00:01:21,119 listed items 4 A through G. 34 00:01:21,119 --> 00:01:22,080 >> Second. 35 00:01:22,080 --> 00:01:23,840 >> We have a motion and a second. Any 36 00:01:23,840 --> 00:01:26,080 discussion? 37 00:01:26,080 --> 00:01:27,520 Seeing [snorts] none, all those in 38 00:01:27,520 --> 00:01:29,680 favor, please signify by saying I. 39 00:01:29,680 --> 00:01:30,320 >> I. 40 00:01:30,320 --> 00:01:34,159 >> Any opposed? Motion carries. Item five, 41 00:01:34,159 --> 00:01:36,240 public hearings. Tonight we have none. 42 00:01:36,240 --> 00:01:38,560 Item six, public comment for matters on 43 00:01:38,560 --> 00:01:40,720 the agenda. The city council will 44 00:01:40,720 --> 00:01:42,799 receive comments from city residents. 45 00:01:42,799 --> 00:01:44,479 Comments are limited to three minutes 46 00:01:44,479 --> 00:01:46,560 per individual. Anyone wishing to speak 47 00:01:46,560 --> 00:01:48,720 is required to sign up in advance or 48 00:01:48,720 --> 00:01:50,240 state the following for the record when 49 00:01:50,240 --> 00:01:52,399 called upon. Name, address, and contact 50 00:01:52,399 --> 00:01:55,200 information. Note for those on Zoom, if 51 00:01:55,200 --> 00:01:56,720 you wish to speak, please raise your 52 00:01:56,720 --> 00:01:58,880 virtual hand as the chat box is not 53 00:01:58,880 --> 00:02:00,880 monitored and those on the call must 54 00:02:00,880 --> 00:02:03,840 remain muted unless recognized to speak. 55 00:02:03,840 --> 00:02:05,520 Uh, starting off tonight, we have one 56 00:02:05,520 --> 00:02:08,080 person in person signed up, Dave 57 00:02:08,080 --> 00:02:10,000 Sculland, 58 00:02:10,000 --> 00:02:10,879 >> Dan, sorry. 59 00:02:10,879 --> 00:02:12,080 >> Yeah, 60 00:02:12,080 --> 00:02:14,000 >> for the public comment for the first 61 00:02:14,000 --> 00:02:14,480 part. 62 00:02:14,480 --> 00:02:15,280 >> Yeah. 63 00:02:15,280 --> 00:02:17,040 >> Can you come up to the microphone and 64 00:02:17,040 --> 00:02:18,239 state your name and address for the 65 00:02:18,239 --> 00:02:20,800 record, please? Just make sure that 66 00:02:20,800 --> 00:02:22,400 green light is on before you start 67 00:02:22,400 --> 00:02:23,599 speaking. 68 00:02:23,599 --> 00:02:26,480 Okay, press that button. 69 00:02:26,480 --> 00:02:30,400 >> There we go. Hi, my name is Dan Scullan. 70 00:02:30,400 --> 00:02:32,560 Um, born and raised here in Fort 71 00:02:32,560 --> 00:02:33,920 Atinson. 72 00:02:33,920 --> 00:02:35,360 >> Can I just get your address for the 73 00:02:35,360 --> 00:02:36,160 record right away? 74 00:02:36,160 --> 00:02:38,400 >> Yes. 614 75 00:02:38,400 --> 00:02:40,239 Monroe Street. 76 00:02:40,239 --> 00:02:40,959 >> Thank you. 77 00:02:40,959 --> 00:02:43,760 >> Yeah. Um, my concern, and it sounds like 78 00:02:43,760 --> 00:02:47,120 it's been uh talked about before, but 79 00:02:47,120 --> 00:02:51,760 there is just a plethora of electric 80 00:02:51,760 --> 00:02:55,040 vehicles being driven in and around 81 00:02:55,040 --> 00:02:59,440 town. Um, many of the pilots of these 82 00:02:59,440 --> 00:03:02,000 vehicles are really, really little. 83 00:03:02,000 --> 00:03:04,239 They're on the sidewalks. They're in the 84 00:03:04,239 --> 00:03:07,280 streets. They're going from the 85 00:03:07,280 --> 00:03:09,360 sidewalks into the streets. They're not 86 00:03:09,360 --> 00:03:12,720 looking where they're going. And um on 87 00:03:12,720 --> 00:03:16,000 my street alone, it's a regular 88 00:03:16,000 --> 00:03:19,120 occurrence to see uh electric 89 00:03:19,120 --> 00:03:23,760 motorcycles with uh two kids on the same 90 00:03:23,760 --> 00:03:26,640 bike, same time coming down the street, 91 00:03:26,640 --> 00:03:29,120 lickety split, no helmets, wearing 92 00:03:29,120 --> 00:03:31,680 shorts, tennis shoes, and I'm just 93 00:03:31,680 --> 00:03:34,480 really concerned. I myself have had a 94 00:03:34,480 --> 00:03:37,280 couple of uh 95 00:03:37,280 --> 00:03:39,360 incidents, let's just call them, where 96 00:03:39,360 --> 00:03:44,400 uh I've had to break abruptly for uh a 97 00:03:44,400 --> 00:03:48,000 kid, almost always a kid that's coming 98 00:03:48,000 --> 00:03:50,239 through an intersection or coming off 99 00:03:50,239 --> 00:03:54,239 from a sidewalk and onto the street. And 100 00:03:54,239 --> 00:03:56,400 I understand that there's some work 101 00:03:56,400 --> 00:04:00,879 being done on this. Um, and hopefully uh 102 00:04:00,879 --> 00:04:04,640 we can get something done to uh keep 103 00:04:04,640 --> 00:04:07,840 somebody from being seriously hurt. I 104 00:04:07,840 --> 00:04:09,840 also understand that [clears throat] 105 00:04:09,840 --> 00:04:14,000 there's a problem with um the uh 106 00:04:14,000 --> 00:04:17,040 motorized bicycles that there's a 107 00:04:17,040 --> 00:04:20,400 distinction that allows them to be on 108 00:04:20,400 --> 00:04:24,479 the uh on the roads. And I'm just 109 00:04:24,479 --> 00:04:30,880 curious if if says on all of the U bike 110 00:04:30,880 --> 00:04:33,680 paths it says no motorized vehicles. 111 00:04:33,680 --> 00:04:35,680 Well, yes, these things have pedal 112 00:04:35,680 --> 00:04:39,919 pedals, but 60% or more of the time 113 00:04:39,919 --> 00:04:41,680 they're not being pedal and they're 114 00:04:41,680 --> 00:04:44,960 going far faster than normal person 115 00:04:44,960 --> 00:04:47,600 would be riding the bike. So, I'm just 116 00:04:47,600 --> 00:04:50,880 hoping that uh something can be done so 117 00:04:50,880 --> 00:04:54,400 we don't have a real tragedy. 118 00:04:54,400 --> 00:04:57,919 And that's all I really came for. 119 00:04:57,919 --> 00:04:58,560 >> Thank you. 120 00:04:58,560 --> 00:05:00,639 >> Yep. 121 00:05:00,639 --> 00:05:03,120 >> All right. Uh we don't have anyone else 122 00:05:03,120 --> 00:05:04,960 signed up for in person for the first 123 00:05:04,960 --> 00:05:07,280 public comment. So, this will be a first 124 00:05:07,280 --> 00:05:09,360 call for anyone on Zoom wishing to 125 00:05:09,360 --> 00:05:11,199 provide public comment for matters on 126 00:05:11,199 --> 00:05:17,909 the agenda. 127 00:05:17,919 --> 00:05:21,600 Is that you? Uh, Miss Brooks, 128 00:05:21,600 --> 00:05:27,430 you need to unmute yourself. 129 00:05:27,440 --> 00:05:29,039 Mrs. Brooks, you need to unmute 130 00:05:29,039 --> 00:05:38,230 yourself. We can't hear you. 131 00:05:38,240 --> 00:05:42,240 Hi, I'm Jean Brooks. I live on 1113 LC 132 00:05:42,240 --> 00:05:45,199 Street in Fort Atkinson 133 00:05:45,199 --> 00:05:49,120 and um I just want to say that um as an 134 00:05:49,120 --> 00:05:51,520 elderly person 135 00:05:51,520 --> 00:05:54,720 I I really like riding my electric 136 00:05:54,720 --> 00:05:57,440 bicycle and it's very helpful for me to 137 00:05:57,440 --> 00:06:02,160 get around with that and I so I hope 138 00:06:02,160 --> 00:06:05,199 that we take that into consideration and 139 00:06:05,199 --> 00:06:08,080 that's really all I wanted to say. 140 00:06:08,080 --> 00:06:11,199 >> Okay. Thank you. Thank you. 141 00:06:11,199 --> 00:06:13,759 >> All right, this will be a second call 142 00:06:13,759 --> 00:06:15,600 for anyone on Zoom wishing to provide 143 00:06:15,600 --> 00:06:20,309 public comment. 144 00:06:20,319 --> 00:06:23,759 Third and final call. 145 00:06:23,759 --> 00:06:25,440 Seeing none, we will close out public 146 00:06:25,440 --> 00:06:27,840 comment and move on. Item seven, 147 00:06:27,840 --> 00:06:30,080 petitions, requests, and communications. 148 00:06:30,080 --> 00:06:32,479 7A is a proclamation celebrating Jeff 149 00:06:32,479 --> 00:06:34,080 Armstrong on the occasion of his 150 00:06:34,080 --> 00:06:36,479 retirement and proclaiming August 18th, 151 00:06:36,479 --> 00:06:39,199 2026 as Jeff Armstrong Day in the city 152 00:06:39,199 --> 00:06:40,960 of Fort Atinson. We have director of 153 00:06:40,960 --> 00:06:42,639 public works Nean tonight. 154 00:06:42,639 --> 00:06:44,560 >> Thank you. Uh just a couple of remarks 155 00:06:44,560 --> 00:06:47,039 here before we present the proclamation. 156 00:06:47,039 --> 00:06:50,800 Uh just want to give a sincere thank you 157 00:06:50,800 --> 00:06:52,720 and and show the gratitude and 158 00:06:52,720 --> 00:06:53,919 appreciation from the city of Fort 159 00:06:53,919 --> 00:06:55,680 Atinson for Jeff and his time with the 160 00:06:55,680 --> 00:06:58,000 city of Fort Atinson. Jeff has spent 161 00:06:58,000 --> 00:06:59,759 count countless nights and weekends with 162 00:06:59,759 --> 00:07:02,960 the fire department. Was on call 247 for 163 00:07:02,960 --> 00:07:05,520 over a decade as the city electrician 164 00:07:05,520 --> 00:07:08,639 and has spent the past roughly two years 165 00:07:08,639 --> 00:07:10,319 ensuring a safe drinking water supply 166 00:07:10,319 --> 00:07:11,919 for the city of Fort Atinson and 167 00:07:11,919 --> 00:07:13,599 tackling big projects such as the lead 168 00:07:13,599 --> 00:07:17,120 service line replacement project. Uh 169 00:07:17,120 --> 00:07:19,280 time it's time for Jeff to relax, enjoy 170 00:07:19,280 --> 00:07:21,199 the fruits of his labor, spend time with 171 00:07:21,199 --> 00:07:23,280 the grandkids and everything else that 172 00:07:23,280 --> 00:07:25,599 retirement brings. and just want to 173 00:07:25,599 --> 00:07:28,319 again give a big thank you and uh 174 00:07:28,319 --> 00:07:29,599 gratitude and appreciation from the city 175 00:07:29,599 --> 00:07:31,440 of Fort Atinson. 176 00:07:31,440 --> 00:07:33,759 >> All right. Thank you. 177 00:07:33,759 --> 00:07:35,599 >> I move to approve the proclamation 178 00:07:35,599 --> 00:07:37,199 celebrating Jeff Armstrong on the 179 00:07:37,199 --> 00:07:38,800 occasion of his retirement and proclaim 180 00:07:38,800 --> 00:07:41,280 August 18th, 2026 as Jeff Armstrong day 181 00:07:41,280 --> 00:07:42,880 in the city of Fort Atinson. 182 00:07:42,880 --> 00:07:44,000 >> Second. [clears throat] 183 00:07:44,000 --> 00:07:45,680 >> We have a motion and a second. Any 184 00:07:45,680 --> 00:07:48,240 further discussion? 185 00:07:48,240 --> 00:07:51,759 I will happily read this one uh off. Uh 186 00:07:51,759 --> 00:07:53,759 we have a proclamation recognizing Jeff 187 00:07:53,759 --> 00:07:55,199 Armstrong on the occasion of his 188 00:07:55,199 --> 00:07:57,280 retirement and proclaiming August 18th 189 00:07:57,280 --> 00:08:00,639 as 2026 as Jeff Armstrong day. Whereas 190 00:08:00,639 --> 00:08:02,560 the city of Fort Ainson would like to 191 00:08:02,560 --> 00:08:04,879 recognize Jeff Armstrong on his 23 years 192 00:08:04,879 --> 00:08:06,879 of service to the city of Fort Ainson 193 00:08:06,879 --> 00:08:08,319 between the Fort Atinson Fire 194 00:08:08,319 --> 00:08:10,720 Department, a city electrician and most 195 00:08:10,720 --> 00:08:12,160 recently as water utility 196 00:08:12,160 --> 00:08:14,800 superintendent. Whereas Jeff Armstrong 197 00:08:14,800 --> 00:08:17,599 Jeff started his career as a city as a 198 00:08:17,599 --> 00:08:20,400 paid on call firefighter for 23 years. 199 00:08:20,400 --> 00:08:23,680 And whereas Jeff where for 11 years Jeff 200 00:08:23,680 --> 00:08:26,319 served as a city electrician and whereas 201 00:08:26,319 --> 00:08:28,720 Jeff stepped up as a water utility 202 00:08:28,720 --> 00:08:30,240 superintendent and has served that 203 00:08:30,240 --> 00:08:33,599 position for nearly four years. Whereas 204 00:08:33,599 --> 00:08:36,479 has helped to oversee the lead service 205 00:08:36,479 --> 00:08:39,039 line replacement process. And whereas 206 00:08:39,039 --> 00:08:40,959 the city of Fort Ainson values the 207 00:08:40,959 --> 00:08:43,680 experience, the dedication of Jeff 208 00:08:43,680 --> 00:08:45,519 during his time with the city, the Fort 209 00:08:45,519 --> 00:08:49,200 Atinson water depart utility. 210 00:08:49,200 --> 00:08:52,320 And whereas the working for the city, 211 00:08:52,320 --> 00:08:54,080 Jeff has brought his experience and 212 00:08:54,080 --> 00:08:56,399 skill to his position. And now 213 00:08:56,399 --> 00:08:59,200 therefore, I, Kyle Jacel, city council 214 00:08:59,200 --> 00:09:00,480 president of the for city of Fort 215 00:09:00,480 --> 00:09:02,959 Atinson, and my council colleagues, do 216 00:09:02,959 --> 00:09:05,519 hereby recognize Jeff Armstrong on his 217 00:09:05,519 --> 00:09:08,160 retirement from the city of Fort Atinson 218 00:09:08,160 --> 00:09:10,320 after 23 years of distinguished service 219 00:09:10,320 --> 00:09:13,839 and proclaim August 18th, 2026 as Jeff 220 00:09:13,839 --> 00:09:15,519 Armstrong Day in the city of Fort 221 00:09:15,519 --> 00:09:18,080 Atinson. 222 00:09:18,080 --> 00:09:21,200 So with that, I will we have the motion, 223 00:09:21,200 --> 00:09:23,839 a second. All in favor? I. 224 00:09:23,839 --> 00:09:25,680 >> Any oppose? 225 00:09:25,680 --> 00:09:27,680 Motion carries. Invite Jeff come up for 226 00:09:27,680 --> 00:09:35,910 a picture. 227 00:09:35,920 --> 00:09:37,040 » Thank you all. It's been a pleasure 228 00:09:37,040 --> 00:09:38,560 meeting all of you and working with you. 229 00:09:38,560 --> 00:09:42,320 Same entire city. I'm going to miss it. 230 00:09:42,320 --> 00:09:44,320 A lot of friends, a lot of a lot of good 231 00:09:44,320 --> 00:09:46,880 times. So, thank you so much. Thank you 232 00:09:46,880 --> 00:09:48,720 very much. 233 00:09:48,720 --> 00:09:50,800 Get your gift. 234 00:09:50,800 --> 00:10:06,630 I want to hold it too. 235 00:10:06,640 --> 00:10:07,360 Thank you. 236 00:10:07,360 --> 00:10:11,750 >> Thank you very much. 237 00:10:11,760 --> 00:10:19,190 again. [laughter] 238 00:10:19,200 --> 00:10:24,320 » I will just note it has been a great pleasure working 239 00:10:24,320 --> 00:10:26,800 with Jeff not only as being on council 240 00:10:26,800 --> 00:10:29,680 but in my regular full-time job of 241 00:10:29,680 --> 00:10:33,519 professional development with them. So 242 00:10:33,519 --> 00:10:34,160 >> thank you. 243 00:10:34,160 --> 00:10:43,862 Jeff. 244 00:10:43,872 --> 00:10:44,640 » [laughter] 245 00:10:44,640 --> 00:10:46,320 >> You've put your time in. Thank you very 246 00:10:46,320 --> 00:10:47,680 much, Jeff. 247 00:10:47,680 --> 00:10:50,560 >> We'll see you soon, I'm sure. 248 00:10:50,560 --> 00:10:52,720 >> All right, moving on to item 8, 249 00:10:52,720 --> 00:10:55,120 resolutions and ordinance. 8A is a first 250 00:10:55,120 --> 00:10:57,200 reading of an ordinance to amend section 251 00:10:57,200 --> 00:10:59,120 58-148 252 00:10:59,120 --> 00:11:01,200 of the city of Fort Atinson municipal 253 00:11:01,200 --> 00:11:03,200 code relating to the sale of tobacco, 254 00:11:03,200 --> 00:11:05,760 nicotine products, electronic smoking 255 00:11:05,760 --> 00:11:08,399 devices, and electronic smoking device 256 00:11:08,399 --> 00:11:11,200 paraphernalia near certain locations. We 257 00:11:11,200 --> 00:11:13,440 have police chief bump tonight. 258 00:11:13,440 --> 00:11:15,440 >> Hello everyone. 259 00:11:15,440 --> 00:11:18,720 Uh so back in 2022, we it was the last 260 00:11:18,720 --> 00:11:20,480 time we updated this ordinance and 261 00:11:20,480 --> 00:11:22,800 included specialized locations like 262 00:11:22,800 --> 00:11:25,040 schools where we wanted to try to keep 263 00:11:25,040 --> 00:11:27,360 some of these uh shops that are 264 00:11:27,360 --> 00:11:30,640 dedicated to selling nicotine, tobacco, 265 00:11:30,640 --> 00:11:32,640 vape products uh too close to our 266 00:11:32,640 --> 00:11:35,200 schools and too close to our youth. Um, 267 00:11:35,200 --> 00:11:38,079 as time has gone by, uh, I took another 268 00:11:38,079 --> 00:11:40,240 look at this ordinance recently and 269 00:11:40,240 --> 00:11:41,360 realized there's a couple other 270 00:11:41,360 --> 00:11:42,880 locations that we should probably not be 271 00:11:42,880 --> 00:11:45,200 losing focus on. And that's some of our 272 00:11:45,200 --> 00:11:48,079 locations where we put a lot of time and 273 00:11:48,079 --> 00:11:50,000 effort into mentoring youth, not only 274 00:11:50,000 --> 00:11:51,839 during the school hours, but after hours 275 00:11:51,839 --> 00:11:54,720 as well. Um and then additionally while 276 00:11:54,720 --> 00:11:56,640 we went through that ordinance and 277 00:11:56,640 --> 00:11:58,880 through the ordinance review committee 278 00:11:58,880 --> 00:12:00,560 identified some other areas like 279 00:12:00,560 --> 00:12:02,560 increasing the age to 21 so it aligns 280 00:12:02,560 --> 00:12:04,320 with the state and federal government 281 00:12:04,320 --> 00:12:06,240 guidelines and so our ordinances in 282 00:12:06,240 --> 00:12:12,000 line. Uh some of the kind of the main uh update in the ordinance 283 00:12:12,000 --> 00:12:14,959 beyond the 21 years old though is 284 00:12:14,959 --> 00:12:19,120 identifying and um defining what 285 00:12:19,120 --> 00:12:21,519 locations are so they make sense. And 286 00:12:21,519 --> 00:12:24,959 that would be locations uh that mentor 287 00:12:24,959 --> 00:12:27,440 our youth. And through my research, we 288 00:12:27,440 --> 00:12:29,600 came up with language that identified 289 00:12:29,600 --> 00:12:32,639 those uh locations. And in the ordinance 290 00:12:32,639 --> 00:12:35,200 draft and also in the memo, you can see 291 00:12:35,200 --> 00:12:37,839 that uh we talk about youth serving 292 00:12:37,839 --> 00:12:41,279 organizations, youth centers, and any 293 00:12:41,279 --> 00:12:43,040 out of time out of school time 294 00:12:43,040 --> 00:12:45,839 programming locations. And that's from 295 00:12:45,839 --> 00:12:48,160 what I learned that is a more of a legal 296 00:12:48,160 --> 00:12:49,680 term to identify some of those 297 00:12:49,680 --> 00:12:52,399 locations. So, I updated the 298 00:12:52,399 --> 00:12:54,959 restrictions to include those locations 299 00:12:54,959 --> 00:12:57,279 and then also city parks where we know a 300 00:12:57,279 --> 00:13:00,240 lot of our youth uh spend time in the 301 00:13:00,240 --> 00:13:02,720 hopes that we can reduce the amount of 302 00:13:02,720 --> 00:13:04,959 businesses that might open up near those 303 00:13:04,959 --> 00:13:08,800 locations, but also not losing focus on 304 00:13:08,800 --> 00:13:10,800 the point that these are for businesses 305 00:13:10,800 --> 00:13:13,279 that make 50% or more of their profit 306 00:13:13,279 --> 00:13:16,240 from the sale of those specific items. 307 00:13:16,240 --> 00:13:18,399 So, a gas station, a grocery store, a 308 00:13:18,399 --> 00:13:19,839 convenience store, those would not fall 309 00:13:19,839 --> 00:13:22,079 in line with this. But a store 310 00:13:22,079 --> 00:13:23,920 specifically that sells those items like 311 00:13:23,920 --> 00:13:27,279 a like a tobacco or vape specific 312 00:13:27,279 --> 00:13:29,680 business, we would want to restrict them 313 00:13:29,680 --> 00:13:31,279 from being too close to those youth 314 00:13:31,279 --> 00:13:34,160 areas. Uh, and try to prevent their 315 00:13:34,160 --> 00:13:36,399 either intentional or unintentional 316 00:13:36,399 --> 00:13:39,120 marketing that often grabs the attention 317 00:13:39,120 --> 00:13:41,680 of our youth. Um, I'm open to any 318 00:13:41,680 --> 00:13:43,360 questions and I know there are going to 319 00:13:43,360 --> 00:13:47,680 be a few. Uh so uh let me have it. 320 00:13:47,680 --> 00:13:50,560 >> Uh first uh I I did we did provide uh 321 00:13:50,560 --> 00:13:54,160 the city council with a with a map um of 322 00:13:54,160 --> 00:13:56,639 uh what this uh what the thousand foot 323 00:13:56,639 --> 00:13:59,600 radius that's proposed um looks like for 324 00:13:59,600 --> 00:14:02,800 city parks uh and uh after out of school 325 00:14:02,800 --> 00:14:04,720 youth programming locations and youth 326 00:14:04,720 --> 00:14:07,120 centers. uh as well as what the current 327 00:14:07,120 --> 00:14:09,920 ordinance uh already uh where the 328 00:14:09,920 --> 00:14:11,279 current ordinance already prohibits 329 00:14:11,279 --> 00:14:12,880 these shops which is within a thousand 330 00:14:12,880 --> 00:14:15,360 feet of a public or private school. So I 331 00:14:15,360 --> 00:14:19,360 will um go ahead and um pull uh that up 332 00:14:19,360 --> 00:14:21,680 so the public can see it uh as well 333 00:14:21,680 --> 00:14:25,430 here. 334 00:14:25,440 --> 00:14:29,920 I'm looking at your map and it 335 00:14:29,920 --> 00:14:31,600 doesn't like look like a radius. It 336 00:14:31,600 --> 00:14:34,399 looks like 90% of the city won't be able 337 00:14:34,399 --> 00:14:37,440 to have that. Um, 338 00:14:37,440 --> 00:14:39,279 how old do you have to be to buy these 339 00:14:39,279 --> 00:14:40,160 products? 340 00:14:40,160 --> 00:14:41,760 >> 21. And that's why we're looking to 341 00:14:41,760 --> 00:14:43,279 upgrade update that part of the 342 00:14:43,279 --> 00:14:45,920 ordinance as well. So, 21 years old. 343 00:14:45,920 --> 00:14:48,160 >> That's a state law. Correct. 21. 344 00:14:48,160 --> 00:14:50,399 >> State and federal law. Correct. 345 00:14:50,399 --> 00:14:52,800 >> And Fort Atkinson is going to supersede 346 00:14:52,800 --> 00:14:54,399 that with its own law. 347 00:14:54,399 --> 00:14:56,240 >> No, we're going to adopt and and align 348 00:14:56,240 --> 00:14:58,880 with those standards. 349 00:14:58,880 --> 00:15:01,279 Um, 350 00:15:01,279 --> 00:15:03,440 so these products are legal to sell in 351 00:15:03,440 --> 00:15:06,800 the format they're being sold now, but 352 00:15:06,800 --> 00:15:08,480 we're going to make them illegal to be 353 00:15:08,480 --> 00:15:10,959 sold, but only at certain location. Not 354 00:15:10,959 --> 00:15:13,360 here, but here, here, not here. Like if 355 00:15:13,360 --> 00:15:15,600 you're a gas station, you can sell them. 356 00:15:15,600 --> 00:15:17,440 >> So the city ordinance is written in a 357 00:15:17,440 --> 00:15:19,600 way that allows any business that sells 358 00:15:19,600 --> 00:15:21,839 these products where they sell other 359 00:15:21,839 --> 00:15:25,199 items um that it wouldn't affect those. 360 00:15:25,199 --> 00:15:27,199 So, no gas station, grocery store, no 361 00:15:27,199 --> 00:15:28,880 existing business would be impacted by 362 00:15:28,880 --> 00:15:30,880 this ordinance change. This would be a 363 00:15:30,880 --> 00:15:33,440 new business that's solely focused on 364 00:15:33,440 --> 00:15:38,000 the sale of tobacco, nicotine, vape 365 00:15:38,000 --> 00:15:40,800 products as defined by the ordinance in 366 00:15:40,800 --> 00:15:43,519 state law, would not be allowed to open 367 00:15:43,519 --> 00:15:45,680 that store if it was too close to any of 368 00:15:45,680 --> 00:15:48,720 these locations where our youth uh 369 00:15:48,720 --> 00:15:49,600 congregate. 370 00:15:49,600 --> 00:15:51,680 >> The map you provided me doesn't look 371 00:15:51,680 --> 00:15:54,000 like it'd be too close. anywhere in Fort 372 00:15:54,000 --> 00:15:56,160 you couldn't go pretty much. 373 00:15:56,160 --> 00:15:58,079 >> And like I said, it doesn't impact any 374 00:15:58,079 --> 00:15:59,600 current businesses. It would only be 375 00:15:59,600 --> 00:16:01,600 future businesses that are solely 376 00:16:01,600 --> 00:16:04,320 focused on the sale of these items. 377 00:16:04,320 --> 00:16:07,040 >> So, it's it's curbing any new businesses 378 00:16:07,040 --> 00:16:09,120 coming into town versus the existing 379 00:16:09,120 --> 00:16:10,079 businesses. 380 00:16:10,079 --> 00:16:13,519 >> Any new tobacco, vape or nicotine 381 00:16:13,519 --> 00:16:15,759 stores, it would make them they would 382 00:16:15,759 --> 00:16:16,800 have to follow a little bit more 383 00:16:16,800 --> 00:16:18,959 stringent uh positioning and they 384 00:16:18,959 --> 00:16:20,959 couldn't just open anywhere. Correct. 385 00:16:20,959 --> 00:16:24,476 the ones that are open now, if they if 386 00:16:24,476 --> 00:16:26,160 [snorts] the change of ownership 387 00:16:26,160 --> 00:16:28,560 appeared, would that affect the the 388 00:16:28,560 --> 00:16:29,600 change of ownership? 389 00:16:29,600 --> 00:16:32,240 >> No. It's only for a new business that 390 00:16:32,240 --> 00:16:33,839 doesn't already exist that wants to move 391 00:16:33,839 --> 00:16:35,040 into that space. 392 00:16:35,040 --> 00:16:37,680 >> So, I assume that we acknowledge that we 393 00:16:37,680 --> 00:16:41,360 must have a problem with people under 21 394 00:16:41,360 --> 00:16:43,279 using these products. Correct. 395 00:16:43,279 --> 00:16:46,320 >> Uh around the world, correct? 396 00:16:46,320 --> 00:16:48,000 >> Well, in a city of Fort, where are they 397 00:16:48,000 --> 00:16:50,959 buying them? Um, I think there's lots of 398 00:16:50,959 --> 00:16:52,959 ways that youth get items that they're 399 00:16:52,959 --> 00:16:55,519 not legally able to obtain. Uh, so they 400 00:16:55,519 --> 00:16:58,639 can get them from fake IDs, from buying 401 00:16:58,639 --> 00:17:01,120 them without being IDed, friends that 402 00:17:01,120 --> 00:17:02,480 are old enough, family that's old 403 00:17:02,480 --> 00:17:04,319 enough, taking them from family or 404 00:17:04,319 --> 00:17:06,000 friends. I think there's lots of ways 405 00:17:06,000 --> 00:17:08,240 that youth get a hold of items like 406 00:17:08,240 --> 00:17:09,760 nicotine. 407 00:17:09,760 --> 00:17:12,959 >> This this will will curb that. 408 00:17:12,959 --> 00:17:15,600 >> This will probably not curb that. What 409 00:17:15,600 --> 00:17:18,559 we're trying to do is reduce uh the 410 00:17:18,559 --> 00:17:21,439 opportunity for youth to be to find it 411 00:17:21,439 --> 00:17:23,679 intriguing to try. We're trying to do 412 00:17:23,679 --> 00:17:26,000 our part at the local level as well as 413 00:17:26,000 --> 00:17:27,760 the state and federal level. They do 414 00:17:27,760 --> 00:17:30,160 their do what they do because our goal 415 00:17:30,160 --> 00:17:33,520 as a society is to reduce nicotine use, 416 00:17:33,520 --> 00:17:35,679 youth smoking, uh because there are 417 00:17:35,679 --> 00:17:37,679 gateways to other things like alcohol 418 00:17:37,679 --> 00:17:39,280 and drugs as well. 419 00:17:39,280 --> 00:17:41,520 >> We want to reduce that. I'm I'm not 420 00:17:41,520 --> 00:17:43,039 trying to bump heads with you, but I'm 421 00:17:43,039 --> 00:17:44,799 sure that I am to some degree bumping 422 00:17:44,799 --> 00:17:46,960 heads with you. You're just asking 423 00:17:46,960 --> 00:17:48,720 questions and I'm okay answering them 424 00:17:48,720 --> 00:17:50,880 >> because I see law being generated by 425 00:17:50,880 --> 00:17:53,200 state officials who are elected and that 426 00:17:53,200 --> 00:17:54,960 city officials who are not elected 427 00:17:54,960 --> 00:17:57,600 shouldn't generate laws in my opinion 428 00:17:57,600 --> 00:17:59,520 and looks like we're generating a new 429 00:17:59,520 --> 00:18:01,280 law and we're targeting certain people 430 00:18:01,280 --> 00:18:05,520 in certain locations and 431 00:18:05,520 --> 00:18:08,160 it it's already ineffective. It's not 432 00:18:08,160 --> 00:18:10,080 going to change because the same people 433 00:18:10,080 --> 00:18:11,200 are doing it. They're just going to go 434 00:18:11,200 --> 00:18:12,960 to Jefferson and get what they want or 435 00:18:12,960 --> 00:18:14,640 they're going to go to Helenville and 436 00:18:14,640 --> 00:18:16,240 get what they want. It's not going to 437 00:18:16,240 --> 00:18:19,360 change anything. So, all we're doing is 438 00:18:19,360 --> 00:18:23,760 exercising uh a power play on taking 439 00:18:23,760 --> 00:18:26,160 over stuff in a position that we're 440 00:18:26,160 --> 00:18:27,760 going to be ineffective and not do it 441 00:18:27,760 --> 00:18:28,880 anyways. 442 00:18:28,880 --> 00:18:31,600 >> I would wager to say that my philosophy 443 00:18:31,600 --> 00:18:33,760 on crime prevention and public safety 444 00:18:33,760 --> 00:18:36,000 vary a lot from yours. I don't see it 445 00:18:36,000 --> 00:18:38,799 that way. I think that we equally at all 446 00:18:38,799 --> 00:18:42,320 municipal levels and as adults, parents, 447 00:18:42,320 --> 00:18:44,240 mentors of youth need to do anything we 448 00:18:44,240 --> 00:18:47,440 can to leverage situations in our power 449 00:18:47,440 --> 00:18:49,280 to help make our community safer and our 450 00:18:49,280 --> 00:18:51,039 kids safer. 451 00:18:51,039 --> 00:18:54,240 >> Okay. Um so these sales won't be allowed 452 00:18:54,240 --> 00:18:57,120 at these places to people over 21 453 00:18:57,120 --> 00:18:59,520 either. Correct. 454 00:18:59,520 --> 00:19:01,280 >> Any store that opens in the city can 455 00:19:01,280 --> 00:19:03,360 legally sell that item from their store. 456 00:19:03,360 --> 00:19:05,520 we we're not infringing on the ability 457 00:19:05,520 --> 00:19:09,520 to sell items legally in the city. 458 00:19:09,520 --> 00:19:13,120 >> This ordinance just um doesn't allow it 459 00:19:13,120 --> 00:19:15,600 to be that store to be opened from 460 00:19:15,600 --> 00:19:19,120 certain distances of areas that we find 461 00:19:19,120 --> 00:19:21,200 appropriate to protect where our youth 462 00:19:21,200 --> 00:19:26,400 are um most commonly at. Uh I that 463 00:19:26,400 --> 00:19:28,160 sounds correct in a lot of ways to me, 464 00:19:28,160 --> 00:19:30,799 but this map that you provided us with 465 00:19:30,799 --> 00:19:33,039 doesn't follow that near certain 466 00:19:33,039 --> 00:19:35,440 locations. It's like inside the city 467 00:19:35,440 --> 00:19:38,080 limits, it's not going to be permitted. 468 00:19:38,080 --> 00:19:39,679 That's a little different than just near 469 00:19:39,679 --> 00:19:40,480 someplace. 470 00:19:40,480 --> 00:19:43,280 >> We currently have eight correction, I 471 00:19:43,280 --> 00:19:44,480 looked at the wrong. We currently have 472 00:19:44,480 --> 00:19:47,200 16 locations in the in the city that are 473 00:19:47,200 --> 00:19:49,120 licensed where you can go buy any of 474 00:19:49,120 --> 00:19:51,039 these products that people who use those 475 00:19:51,039 --> 00:19:54,480 products uh can go buy them at. So, I 476 00:19:54,480 --> 00:19:56,160 don't think that we're restricting the 477 00:19:56,160 --> 00:19:58,400 opportunity to buy them. We're just 478 00:19:58,400 --> 00:20:00,240 selecting locations where we would 479 00:20:00,240 --> 00:20:03,200 rather you not sell those items because, 480 00:20:03,200 --> 00:20:04,559 like I said, we're trying to look out 481 00:20:04,559 --> 00:20:06,720 for the youth in our community. We want 482 00:20:06,720 --> 00:20:09,280 to prevent them from smoking uh and 483 00:20:09,280 --> 00:20:11,520 using vape, which can sometimes get out 484 00:20:11,520 --> 00:20:13,600 of control. We put a lot of time and 485 00:20:13,600 --> 00:20:15,280 effort every year into coaching, 486 00:20:15,280 --> 00:20:17,360 mentoring, and developing our youth. Our 487 00:20:17,360 --> 00:20:18,880 police department does that with our 488 00:20:18,880 --> 00:20:21,679 DARE program specifically towards drugs 489 00:20:21,679 --> 00:20:25,360 and nicotine. Um, and so like our goal 490 00:20:25,360 --> 00:20:27,280 is to do other things, not just one 491 00:20:27,280 --> 00:20:29,679 thing to help prevent our youth from 492 00:20:29,679 --> 00:20:32,240 picking up habits that are unsafe uh for 493 00:20:32,240 --> 00:20:34,880 them. And that's I feel is a important 494 00:20:34,880 --> 00:20:37,919 part of what I do or what I've done in 495 00:20:37,919 --> 00:20:41,520 my 28-year career is to do everything I 496 00:20:41,520 --> 00:20:43,919 can to leverage the abilities of our 497 00:20:43,919 --> 00:20:45,440 community to make sure it's safe and our 498 00:20:45,440 --> 00:20:47,039 kids are safe. 499 00:20:47,039 --> 00:20:50,159 >> And I again I I don't like the idea of 500 00:20:50,159 --> 00:20:52,080 bumping heads with you. I don't like the 501 00:20:52,080 --> 00:20:56,640 idea that young kids use these things, 502 00:20:56,640 --> 00:20:58,400 but the state the state has already 503 00:20:58,400 --> 00:21:00,000 forbidden it. The state has already made 504 00:21:00,000 --> 00:21:03,919 it illegal. Um, we've they have been 505 00:21:03,919 --> 00:21:06,320 ineffectual and unable to curb it now, 506 00:21:06,320 --> 00:21:10,400 even in the city of Fort. This should do 507 00:21:10,400 --> 00:21:12,080 nothing. 508 00:21:12,080 --> 00:21:14,000 >> I guess if we had that approach in a lot 509 00:21:14,000 --> 00:21:15,840 of different areas, we'd live in a lot 510 00:21:15,840 --> 00:21:17,520 different world. But we always try our 511 00:21:17,520 --> 00:21:19,200 best to do things that we think are 512 00:21:19,200 --> 00:21:21,360 going to positively impact the safety of 513 00:21:21,360 --> 00:21:22,559 our community. 514 00:21:22,559 --> 00:21:25,679 >> Other questions? 515 00:21:25,679 --> 00:21:27,840 >> Not to cut you off there, Bruce, but um 516 00:21:27,840 --> 00:21:29,360 can we allow some of the other council 517 00:21:29,360 --> 00:21:31,760 members to kind of ask a few questions? 518 00:21:31,760 --> 00:21:32,400 >> Okay. 519 00:21:32,400 --> 00:21:33,760 >> Thank you. 520 00:21:33,760 --> 00:21:35,280 >> When they're done, I probably will talk 521 00:21:35,280 --> 00:21:37,440 again. 522 00:21:37,440 --> 00:21:40,320 >> Okay. Um, I had asked to see if you 523 00:21:40,320 --> 00:21:42,480 could bring some information on the 524 00:21:42,480 --> 00:21:44,480 stats for enforcement of violations by 525 00:21:44,480 --> 00:21:46,240 minors and retailers that we have in 526 00:21:46,240 --> 00:21:48,799 port. I was able to find the Jefferson 527 00:21:48,799 --> 00:21:51,840 County and state stats, but I also 528 00:21:51,840 --> 00:21:54,320 wanted to correct in my research. I 529 00:21:54,320 --> 00:21:56,799 found the federal [clears throat] put in 530 00:21:56,799 --> 00:22:00,559 the 21 um age limit on the federal level 531 00:22:00,559 --> 00:22:02,799 in 2019 532 00:22:02,799 --> 00:22:05,760 and the state has not yet adopted that. 533 00:22:05,760 --> 00:22:08,159 It's still 18 in the state. So I have 534 00:22:08,159 --> 00:22:09,760 some questions about that but okay 535 00:22:09,760 --> 00:22:12,480 >> I just wanted to correct that for you. 536 00:22:12,480 --> 00:22:14,080 >> Go ahead. 537 00:22:14,080 --> 00:22:16,480 >> Um you had asked about efforts that we 538 00:22:16,480 --> 00:22:19,200 take and and our enforcement actions. So 539 00:22:19,200 --> 00:22:22,480 our agency our city uh along with the 540 00:22:22,480 --> 00:22:24,240 whole county of Jefferson are part of 541 00:22:24,240 --> 00:22:26,720 Wisconsin winds and Wisconsin winds 542 00:22:26,720 --> 00:22:28,640 comes out and does an annual check at 543 00:22:28,640 --> 00:22:30,320 every one of our licensed facilities in 544 00:22:30,320 --> 00:22:33,039 the city every year. Uh, and what we do, 545 00:22:33,039 --> 00:22:34,640 and it's more, it's not necessarily 546 00:22:34,640 --> 00:22:36,640 enforcement, but it's a check and 547 00:22:36,640 --> 00:22:39,760 verify, educate, and remind all of our 548 00:22:39,760 --> 00:22:42,080 retailers in the city, uh, to make sure 549 00:22:42,080 --> 00:22:44,000 you're carding, make sure you're not 550 00:22:44,000 --> 00:22:46,559 selling to minors. Um, and if any of the 551 00:22:46,559 --> 00:22:49,200 retail retailers do sell to minor, then 552 00:22:49,200 --> 00:22:51,520 we address it with them, educate, 553 00:22:51,520 --> 00:22:53,120 mentor, make sure that, you know, 554 00:22:53,120 --> 00:22:55,120 they're fixing that and working with 555 00:22:55,120 --> 00:22:57,600 their employees to do better. the other 556 00:22:57,600 --> 00:22:59,760 locations that don't sell and pass the 557 00:22:59,760 --> 00:23:02,000 test, they get a nice letter. Uh, and 558 00:23:02,000 --> 00:23:05,120 then we annually, uh, as a city, uh, 559 00:23:05,120 --> 00:23:07,039 write a nice little letter and do a a 560 00:23:07,039 --> 00:23:08,960 social media blast on it as well to kind 561 00:23:08,960 --> 00:23:10,880 of draw attention to that. 562 00:23:10,880 --> 00:23:13,679 >> So, that's one big enforcement area that 563 00:23:13,679 --> 00:23:16,000 we take. Our school resource officer 564 00:23:16,000 --> 00:23:17,760 really runs into most of these 565 00:23:17,760 --> 00:23:20,400 violations because he's at a location 566 00:23:20,400 --> 00:23:22,640 where most of our youth are during the 567 00:23:22,640 --> 00:23:25,840 day. Um, so a lot of enforcement action 568 00:23:25,840 --> 00:23:28,000 doesn't always end up in a citation or a 569 00:23:28,000 --> 00:23:30,720 documented um, 570 00:23:30,720 --> 00:23:33,360 u warning, but sometimes it's 571 00:23:33,360 --> 00:23:35,039 confiscation. It's school discipline 572 00:23:35,039 --> 00:23:37,280 instead of police discipline or law 573 00:23:37,280 --> 00:23:38,480 enforcement discipline, I should say, 574 00:23:38,480 --> 00:23:41,120 actually. Um, and so it's handled at a 575 00:23:41,120 --> 00:23:43,280 school level. They're confiscated and 576 00:23:43,280 --> 00:23:45,039 destroyed. And but there is still 577 00:23:45,039 --> 00:23:47,520 enforcement action that happens uh by 578 00:23:47,520 --> 00:23:50,080 our officers. So in the last you would 579 00:23:50,080 --> 00:23:54,159 ask 2024 25 and year to date 2026. 580 00:23:54,159 --> 00:23:56,080 >> So 2024 581 00:23:56,080 --> 00:23:59,280 um juveniles in possession of vape we 582 00:23:59,280 --> 00:24:02,880 had 10 citations issued in 24 11 and 25 583 00:24:02,880 --> 00:24:06,080 and we have four so far this year. Uh 584 00:24:06,080 --> 00:24:07,760 juveniles in possession of controlled 585 00:24:07,760 --> 00:24:10,559 substances which goes along with our the 586 00:24:10,559 --> 00:24:13,200 vapes. A lot of times we seize a vape 587 00:24:13,200 --> 00:24:16,400 and it we find out that it's THC vape. 588 00:24:16,400 --> 00:24:20,799 um six citations um actually seven 589 00:24:20,799 --> 00:24:22,960 citations are separated here. Sorry. Uh 590 00:24:22,960 --> 00:24:27,919 in 2024, eight in 2025, and five so far 591 00:24:27,919 --> 00:24:31,039 or four so far in 2026. And then 592 00:24:31,039 --> 00:24:33,279 juveniles purchasing tobacco or vape, 593 00:24:33,279 --> 00:24:35,200 we've had one every single year for the 594 00:24:35,200 --> 00:24:37,120 last three years where that was 595 00:24:37,120 --> 00:24:39,679 addressed um because they purchased 596 00:24:39,679 --> 00:24:40,400 them. 597 00:24:40,400 --> 00:24:42,880 >> Okay. I appreciate that because what I 598 00:24:42,880 --> 00:24:46,080 found too is the putting that federal 599 00:24:46,080 --> 00:24:49,360 law in um and correct me, you might know 600 00:24:49,360 --> 00:24:52,107 this better than I do, but the all 601 00:24:52,107 --> 00:24:53,679 [clears throat] of the main retailers 602 00:24:53,679 --> 00:24:55,760 have to adhere to the federal law. 603 00:24:55,760 --> 00:24:56,240 >> Yep. 604 00:24:56,240 --> 00:25:00,080 >> And um so they're carding anyone that 605 00:25:00,080 --> 00:25:01,840 they think is under 21. 606 00:25:01,840 --> 00:25:03,520 >> I'm not sure why the state hasn't 607 00:25:03,520 --> 00:25:06,000 adopted or changed along with it. Maybe 608 00:25:06,000 --> 00:25:07,840 it's out of necessity that there isn't a 609 00:25:07,840 --> 00:25:10,320 need to because you can't be less 610 00:25:10,320 --> 00:25:12,080 restrictive than the federal government. 611 00:25:12,080 --> 00:25:13,840 And I'm assuming that's why they haven't 612 00:25:13,840 --> 00:25:15,360 done anything with it. 613 00:25:15,360 --> 00:25:16,240 >> Uh so 614 00:25:16,240 --> 00:25:18,080 >> there are some bills on the floor. So 615 00:25:18,080 --> 00:25:18,880 hopefully 616 00:25:18,880 --> 00:25:20,480 >> it wouldn't surprise me, you know, like 617 00:25:20,480 --> 00:25:22,080 we bring ordinances to you like the 618 00:25:22,080 --> 00:25:24,799 ebike one we'll talk about later where 619 00:25:24,799 --> 00:25:26,320 you know things have changed so we 620 00:25:26,320 --> 00:25:27,919 should update our ordinance so it aligns 621 00:25:27,919 --> 00:25:30,799 with and doesn't contradict. So 622 00:25:30,799 --> 00:25:33,600 >> well and the the trend has been from 623 00:25:33,600 --> 00:25:36,480 what I had seen since that federal age 624 00:25:36,480 --> 00:25:39,120 limit went in place the trend has been 625 00:25:39,120 --> 00:25:41,919 going down which is excellent and then 626 00:25:41,919 --> 00:25:44,240 the ordinances that municipalities have 627 00:25:44,240 --> 00:25:46,400 put in you know limiting the space 628 00:25:46,400 --> 00:25:50,400 whether it be 1,000 ft 500 ft um around 629 00:25:50,400 --> 00:25:53,120 schools or I've also seen legislation 630 00:25:53,120 --> 00:25:56,240 like up in um Superior Wisconsin they 631 00:25:56,240 --> 00:25:59,600 limited how many retailers they could 632 00:25:59,600 --> 00:26:01,919 have per number in population 633 00:26:01,919 --> 00:26:04,320 >> kind of like a liquor license like sure 634 00:26:04,320 --> 00:26:05,039 that makes sense. 635 00:26:05,039 --> 00:26:08,000 >> Yeah. So there's some things there. Um 636 00:26:08,000 --> 00:26:10,960 so you're not seeing are you seeing a 637 00:26:10,960 --> 00:26:13,840 lot of repeat in your that I didn't ask 638 00:26:13,840 --> 00:26:15,200 that question in my email. 639 00:26:15,200 --> 00:26:16,960 >> Uh are you talking about the juvenile 640 00:26:16,960 --> 00:26:19,360 offender? I didn't track that 641 00:26:19,360 --> 00:26:21,440 information. Um curious. 642 00:26:21,440 --> 00:26:23,360 >> A lot of times when we do the queries 643 00:26:23,360 --> 00:26:25,520 within the system, it pulls out raw raw 644 00:26:25,520 --> 00:26:27,760 data per violation, but it doesn't give 645 00:26:27,760 --> 00:26:29,679 us we'd have to go into every every 646 00:26:29,679 --> 00:26:31,600 single case and compare them. 647 00:26:31,600 --> 00:26:31,919 >> Okay. 648 00:26:31,919 --> 00:26:35,279 >> Um you know, I will also say that my 649 00:26:35,279 --> 00:26:37,919 officers confiscate a lot more tobacco 650 00:26:37,919 --> 00:26:40,320 than they write tickets for 651 00:26:40,320 --> 00:26:42,320 >> because a lot of times the that's like 652 00:26:42,320 --> 00:26:44,559 the second or third tier down item that 653 00:26:44,559 --> 00:26:46,400 they're dealing with with that juvenile 654 00:26:46,400 --> 00:26:47,360 at that moment. 655 00:26:47,360 --> 00:26:49,760 >> Okay. And a lot of times they'll like, 656 00:26:49,760 --> 00:26:51,039 you're not supposed to have these and 657 00:26:51,039 --> 00:26:52,080 I'm taking them and I'm going to tell 658 00:26:52,080 --> 00:26:54,240 your parents about it. Uh, but now we're 659 00:26:54,240 --> 00:26:57,120 going to address this issue. Um, so 660 00:26:57,120 --> 00:26:59,440 >> a lot of times stuff doesn't get 661 00:26:59,440 --> 00:27:01,840 documented in a way where it's tangible 662 00:27:01,840 --> 00:27:03,600 in our RMS system. 663 00:27:03,600 --> 00:27:05,360 >> Uh, but the officers are addressing 664 00:27:05,360 --> 00:27:06,799 things right then and there, 665 00:27:06,799 --> 00:27:09,039 confiscating uh, cigarettes and lighters 666 00:27:09,039 --> 00:27:11,440 and stuff like that, vapes commonly. 667 00:27:11,440 --> 00:27:13,360 >> Okay. And do we have any retailers that 668 00:27:13,360 --> 00:27:16,240 have been cited? Um, 669 00:27:16,240 --> 00:27:19,120 I know we have cited one. I know. Okay. 670 00:27:19,120 --> 00:27:22,400 Off of memory. Um, and I don't I don't 671 00:27:22,400 --> 00:27:24,240 we were struggling to pull the data out 672 00:27:24,240 --> 00:27:26,000 of our RMS system because of the way 673 00:27:26,000 --> 00:27:28,960 it's recorded and the the the queries 674 00:27:28,960 --> 00:27:30,880 were able to pull out. So, 675 00:27:30,880 --> 00:27:31,360 >> okay. 676 00:27:31,360 --> 00:27:33,520 >> I got your information Monday morning. 677 00:27:33,520 --> 00:27:35,440 Um, so and we were just struggling to 678 00:27:35,440 --> 00:27:37,039 get that information and I understand 679 00:27:37,039 --> 00:27:37,919 that and I appreciate 680 00:27:37,919 --> 00:27:41,039 >> we don't we really don't write too many 681 00:27:41,039 --> 00:27:43,919 citations to our business owners. Um, a 682 00:27:43,919 --> 00:27:46,960 lot of times it's education and going in 683 00:27:46,960 --> 00:27:48,159 there and confronting them about it and 684 00:27:48,159 --> 00:27:49,200 say, "Hey, just so you know, this 685 00:27:49,200 --> 00:27:50,960 happened." Um, and trying to work with 686 00:27:50,960 --> 00:27:52,480 them that way because we don't we want 687 00:27:52,480 --> 00:27:54,240 to have a good relationship with them. 688 00:27:54,240 --> 00:27:54,480 Yeah. 689 00:27:54,480 --> 00:27:56,720 >> And we want them to do better. 690 00:27:56,720 --> 00:27:59,600 >> Okay. Because one of the national um 691 00:27:59,600 --> 00:28:01,679 stats that I had seen was that there's 692 00:28:01,679 --> 00:28:05,279 more violations in strict um just smoke 693 00:28:05,279 --> 00:28:09,919 shops versus um gas stations. 694 00:28:09,919 --> 00:28:12,240 >> Absolutely. And so that's why I'm 695 00:28:12,240 --> 00:28:13,840 wondering if you're doing more 696 00:28:13,840 --> 00:28:16,000 enforcement. I think we have two 697 00:28:16,000 --> 00:28:17,520 >> dedicated smoke shops. 698 00:28:17,520 --> 00:28:21,200 >> Um we have two that are tobacco 699 00:28:21,200 --> 00:28:21,919 dedicated. 700 00:28:21,919 --> 00:28:22,240 >> Okay. 701 00:28:22,240 --> 00:28:24,640 >> Yeah. But um an additional one that's 702 00:28:24,640 --> 00:28:27,520 licensed out of state requirement. 703 00:28:27,520 --> 00:28:30,080 >> Uh but only but doesn't sell tobacco I 704 00:28:30,080 --> 00:28:30,799 don't believe. 705 00:28:30,799 --> 00:28:32,559 >> Okay. 706 00:28:32,559 --> 00:28:39,269 >> Were you No. Okay. 707 00:28:39,279 --> 00:28:42,240 Um there's uh one other one that is more 708 00:28:42,240 --> 00:28:46,000 into um THC related uh products. 709 00:28:46,000 --> 00:28:46,399 >> Okay. 710 00:28:46,399 --> 00:28:49,360 >> That are legal but also but because they 711 00:28:49,360 --> 00:28:51,679 sell vape, they're required to have the 712 00:28:51,679 --> 00:28:53,200 tobacco licensed by the state. 713 00:28:53,200 --> 00:28:55,039 >> Okay. So, have you guys delved into any 714 00:28:55,039 --> 00:28:59,600 of the um confiscation of non FDA 715 00:28:59,600 --> 00:29:01,039 approved? 716 00:29:01,039 --> 00:29:01,679 >> Yes. 717 00:29:01,679 --> 00:29:04,880 >> Okay. Um, so last year we brought state 718 00:29:04,880 --> 00:29:08,320 agents out here to do a training for us 719 00:29:08,320 --> 00:29:11,840 >> um to train all of our staff and then um 720 00:29:11,840 --> 00:29:16,320 we also went out to a location um where 721 00:29:16,320 --> 00:29:18,960 a lot of stuff was seized uh through the 722 00:29:18,960 --> 00:29:19,760 state. 723 00:29:19,760 --> 00:29:21,679 >> Um and that has happened a couple times 724 00:29:21,679 --> 00:29:24,080 for that retailer and that retailer was 725 00:29:24,080 --> 00:29:25,919 uh his license was revoked. 726 00:29:25,919 --> 00:29:29,200 >> Okay. Okay. And I have a few more. 727 00:29:29,200 --> 00:29:30,799 Sorry. 728 00:29:30,799 --> 00:29:34,559 Um the other thing is is with our 729 00:29:34,559 --> 00:29:36,480 municipal code, if this passes our 730 00:29:36,480 --> 00:29:40,000 municipal code not matching the state um 731 00:29:40,000 --> 00:29:42,159 age requirement, 732 00:29:42,159 --> 00:29:44,480 there's some 733 00:29:44,480 --> 00:29:46,080 drawbacks, but there's also some 734 00:29:46,080 --> 00:29:48,240 benefits. Can you speak to that a little 735 00:29:48,240 --> 00:29:48,720 bit? 736 00:29:48,720 --> 00:29:50,640 >> So, you're asking me things I might not 737 00:29:50,640 --> 00:29:53,200 I don't know that I can answer. However, 738 00:29:53,200 --> 00:29:56,159 I do want to now ask a question of our 739 00:29:56,159 --> 00:30:00,559 city attorney um to make sure we're not 740 00:30:00,559 --> 00:30:05,440 so you can't be less you can't be um 741 00:30:05,440 --> 00:30:08,320 less restrictive, but then how does the 742 00:30:08,320 --> 00:30:10,080 federal and the state and then US work 743 00:30:10,080 --> 00:30:12,000 in this area? And I don't have that 744 00:30:12,000 --> 00:30:13,760 answer for you. So, I'm going to have to 745 00:30:13,760 --> 00:30:14,960 I'm going to want to learn that 746 00:30:14,960 --> 00:30:18,399 tomorrow. um when we're talking about 747 00:30:18,399 --> 00:30:21,200 the 21 versus 18 the federal government 748 00:30:21,200 --> 00:30:23,440 adopting it the state not and then how 749 00:30:23,440 --> 00:30:25,600 does that impact us so I I want to learn 750 00:30:25,600 --> 00:30:26,799 more about that tomorrow 751 00:30:26,799 --> 00:30:27,760 >> okay because there 752 00:30:27,760 --> 00:30:29,520 >> from the department of health services 753 00:30:29,520 --> 00:30:30,720 the Wisconsin department of health 754 00:30:30,720 --> 00:30:33,200 services website it does cite the uh 755 00:30:33,200 --> 00:30:37,360 federal law of being 21 so in Wisconsin 756 00:30:37,360 --> 00:30:39,520 even though our state law hasn't been 757 00:30:39,520 --> 00:30:41,919 updated to 21 758 00:30:41,919 --> 00:30:44,240 >> the Wisconsin department of health 759 00:30:44,240 --> 00:30:45,919 services 760 00:30:45,919 --> 00:30:48,159 because it's more about the legality of 761 00:30:48,159 --> 00:30:50,159 is this going to cause if you have 762 00:30:50,159 --> 00:30:51,919 citations and are they going to have 763 00:30:51,919 --> 00:30:54,880 more grounds to fight it, you know, if 764 00:30:54,880 --> 00:30:57,840 they're 19. So, it's really that 18 to 765 00:30:57,840 --> 00:30:59,200 20 year old 766 00:30:59,200 --> 00:31:01,840 >> bucket. And the reality of it is is that 767 00:31:01,840 --> 00:31:03,600 when our officers are in contact with 768 00:31:03,600 --> 00:31:05,440 someone that's 19 or 20, they're 769 00:31:05,440 --> 00:31:07,039 probably not addressing that. They're 770 00:31:07,039 --> 00:31:08,480 probably doing something else that's a 771 00:31:08,480 --> 00:31:09,760 little higher on the list, 772 00:31:09,760 --> 00:31:10,080 >> okay, 773 00:31:10,080 --> 00:31:12,320 >> that they're addressing um 774 00:31:12,320 --> 00:31:14,320 >> knowing that they are legal adults in 775 00:31:14,320 --> 00:31:18,000 the state. So, um I could I don't police 776 00:31:18,000 --> 00:31:20,000 on the street as much as I used to in 777 00:31:20,000 --> 00:31:24,399 the, you know, when I was younger, but I know that we're not writing a lot of 778 00:31:24,399 --> 00:31:28,399 tickets for that uh if any for uh people 779 00:31:28,399 --> 00:31:29,840 that are 19 and 20. 780 00:31:29,840 --> 00:31:33,919 >> Okay. Um my other thing I wanted to 781 00:31:33,919 --> 00:31:36,320 point out and this was um speaking a bit 782 00:31:36,320 --> 00:31:40,720 to Bruce's point that has the city 783 00:31:40,720 --> 00:31:42,720 attorney looked over how much of our 784 00:31:42,720 --> 00:31:45,760 actual retail would be limited like a 785 00:31:45,760 --> 00:31:48,559 percentage of what retail sites will be 786 00:31:48,559 --> 00:31:50,880 >> we just had that map made finalized this 787 00:31:50,880 --> 00:31:54,000 morning as a reference for you um so you 788 00:31:54,000 --> 00:31:56,000 could visualize it and then so you could 789 00:31:56,000 --> 00:31:58,080 make decisions as you review this 790 00:31:58,080 --> 00:32:00,399 ordinance. Um, you know, I drafted the 791 00:32:00,399 --> 00:32:02,399 ordinance, brought it before you, tried 792 00:32:02,399 --> 00:32:03,919 to give you guys all the good 793 00:32:03,919 --> 00:32:05,039 information because you're the ones 794 00:32:05,039 --> 00:32:06,000 making the decision. 795 00:32:06,000 --> 00:32:06,399 >> Yeah. 796 00:32:06,399 --> 00:32:09,360 >> So, um, you know, I want you to ask me a 797 00:32:09,360 --> 00:32:11,600 bunch of questions so I can help you 798 00:32:11,600 --> 00:32:13,760 make a good decision. So, there's no 799 00:32:13,760 --> 00:32:15,679 argumentative back and forth. I'm trying 800 00:32:15,679 --> 00:32:18,080 to help you with a drafted ordinance so 801 00:32:18,080 --> 00:32:20,320 you can make a decision. Because the the 802 00:32:20,320 --> 00:32:23,519 thing that I found too was that it could 803 00:32:23,519 --> 00:32:25,760 if there's a large percentage of the 804 00:32:25,760 --> 00:32:28,799 city that is specifically not available 805 00:32:28,799 --> 00:32:31,519 to a specific retailer that's selling a 806 00:32:31,519 --> 00:32:35,679 legal product, it could be some legal um 807 00:32:35,679 --> 00:32:39,279 risk for the city. I think we I think we 808 00:32:39,279 --> 00:32:42,000 as a city need to determine um is that 809 00:32:42,000 --> 00:32:43,440 the type of business where we want as 810 00:32:43,440 --> 00:32:45,360 many of them as we can get or are we 811 00:32:45,360 --> 00:32:49,600 happy with the ones we have um or are 812 00:32:49,600 --> 00:32:52,320 there opportunities for building and 813 00:32:52,320 --> 00:32:54,159 development and locations that that 814 00:32:54,159 --> 00:32:55,760 aren't restricted that helps city 815 00:32:55,760 --> 00:32:57,840 growth. I think there's a a few ways to 816 00:32:57,840 --> 00:33:00,640 look at it. So, I think that just as the 817 00:33:00,640 --> 00:33:03,039 city council, that's for you to 818 00:33:03,039 --> 00:33:06,960 determine and for me to provide uh 819 00:33:06,960 --> 00:33:08,799 provide something that we could do that 820 00:33:08,799 --> 00:33:10,720 I think is good for our community. 821 00:33:10,720 --> 00:33:13,600 >> Okay. And just for perspective, I 822 00:33:13,600 --> 00:33:16,480 graduated in 1987 and I think the stats 823 00:33:16,480 --> 00:33:20,080 were 36% of seniors were cigarette 824 00:33:20,080 --> 00:33:22,880 smokers and now it's 1.7. 825 00:33:22,880 --> 00:33:24,960 >> Yeah. So, I mean, there's major 826 00:33:24,960 --> 00:33:26,559 improvements that have happened and 827 00:33:26,559 --> 00:33:30,960 vaping hit its peak, I think, in 2023 828 00:33:30,960 --> 00:33:33,200 from what I had seen, and it's starting 829 00:33:33,200 --> 00:33:35,440 to come down. So, I think the the things 830 00:33:35,440 --> 00:33:37,200 that are happening are definitely 831 00:33:37,200 --> 00:33:39,039 helping and the enforcement that you're 832 00:33:39,039 --> 00:33:41,919 doing and the outreach with the school 833 00:33:41,919 --> 00:33:44,559 and your resource officer. So, thank you 834 00:33:44,559 --> 00:33:45,919 for answering my questions. 835 00:33:45,919 --> 00:33:49,509 >> You're welcome. 836 00:33:49,519 --> 00:33:51,840 Further questions for Chief or take 837 00:33:51,840 --> 00:33:53,120 >> Chief. Thanks for sharing that there 838 00:33:53,120 --> 00:33:55,600 were 16 licensed locations in the city. 839 00:33:55,600 --> 00:33:57,600 That's what I wanted to ask. Um it's a 840 00:33:57,600 --> 00:33:59,600 number probably higher than I would have 841 00:33:59,600 --> 00:34:00,559 guessed 842 00:34:00,559 --> 00:34:02,080 >> and none of them would be affected by 843 00:34:02,080 --> 00:34:04,320 any ordinance changes that we make. 844 00:34:04,320 --> 00:34:07,120 >> Exactly. And I I I think you can debate 845 00:34:07,120 --> 00:34:09,200 whether current laws have been effective 846 00:34:09,200 --> 00:34:12,480 or not, but this ordinance amendment um 847 00:34:12,480 --> 00:34:14,639 seeks to limit the proliferation of 848 00:34:14,639 --> 00:34:16,879 those shops and the visibility of them 849 00:34:16,879 --> 00:34:23,280 in areas highly um traversed by 850 00:34:23,280 --> 00:34:27,839 individuals that can be swayed by um 851 00:34:27,839 --> 00:34:29,760 by these shops, by the by the mere 852 00:34:29,760 --> 00:34:32,320 existence of them. So um I appreciate 853 00:34:32,320 --> 00:34:34,639 you bringing this to to us. Um I do 854 00:34:34,639 --> 00:34:43,200 agree with you that there are areas um not wanting to lose focus on and um 855 00:34:43,200 --> 00:34:45,280 but is your recommendation based in part 856 00:34:45,280 --> 00:34:49,040 on like trends you're seeing across um 857 00:34:49,040 --> 00:34:52,320 across other municipalities? So I don't 858 00:34:52,320 --> 00:34:54,560 my research was nation with nationwide 859 00:34:54,560 --> 00:34:56,399 data where a you know some 860 00:34:56,399 --> 00:34:57,760 municipalities are trying different 861 00:34:57,760 --> 00:35:00,960 things like the city parks um but the 862 00:35:00,960 --> 00:35:03,280 schools that's a very popular thing 863 00:35:03,280 --> 00:35:05,040 that's been go going on for years that's 864 00:35:05,040 --> 00:35:08,240 why we adopted it four years ago um and 865 00:35:08,240 --> 00:35:10,160 then the other new locations that are 866 00:35:10,160 --> 00:35:11,599 popping up because we're always trying 867 00:35:11,599 --> 00:35:13,760 to get our kids out of the house and 868 00:35:13,760 --> 00:35:16,800 active like we were when we were younger 869 00:35:16,800 --> 00:35:20,240 um but still trying to uh protect them 870 00:35:20,240 --> 00:35:22,160 from 871 00:35:22,160 --> 00:35:29,599 uh the urges of of uh advertising and stuff like that. So, um we're seeing 872 00:35:29,599 --> 00:35:32,720 other locations that are uh worth 873 00:35:32,720 --> 00:35:36,640 protecting. Uh, an example would be, you 874 00:35:36,640 --> 00:35:38,640 know, any youth mentoring location like 875 00:35:38,640 --> 00:35:42,400 our rec center or base or a YMCA or 876 00:35:42,400 --> 00:35:44,079 types of businesses like that that are 877 00:35:44,079 --> 00:35:48,960 really focused almost 90% or more on, 878 00:35:48,960 --> 00:35:50,800 you know, helping youth and mentoring 879 00:35:50,800 --> 00:35:53,040 youth and having youth there and 880 00:35:53,040 --> 00:35:56,560 present. So, I just I think uh based on 881 00:35:56,560 --> 00:35:59,119 my experience, based on my research, um 882 00:35:59,119 --> 00:36:01,920 I think these new locations are are a 883 00:36:01,920 --> 00:36:04,400 good thing, not a bad thing. 884 00:36:04,400 --> 00:36:06,720 Thanks. 885 00:36:06,720 --> 00:36:09,760 Everybody got their questions in. 886 00:36:09,760 --> 00:36:12,960 Um, again, I'm I'm confused on a couple 887 00:36:12,960 --> 00:36:15,680 issues. Um, 888 00:36:15,680 --> 00:36:17,839 one one of them kind of being I don't I 889 00:36:17,839 --> 00:36:19,359 don't want I'm coming across the wrong 890 00:36:19,359 --> 00:36:20,800 to a lot of people, I'm sure, thinking 891 00:36:20,800 --> 00:36:23,200 I'm promoting juveniles using tobacco 892 00:36:23,200 --> 00:36:25,920 products and baking and I'm not from 893 00:36:25,920 --> 00:36:27,119 trying to promote that. 894 00:36:27,119 --> 00:36:29,839 >> I don't think that. I I live in a 895 00:36:29,839 --> 00:36:32,240 country where you're free to open up a 896 00:36:32,240 --> 00:36:34,480 legal business and sell legal products 897 00:36:34,480 --> 00:36:37,359 to adults who can legally buy them. And 898 00:36:37,359 --> 00:36:40,800 we're somehow restraining that. And to 899 00:36:40,800 --> 00:36:42,720 me, that doesn't make sense to me. It 900 00:36:42,720 --> 00:36:44,480 doesn't make that it doesn't sound to me 901 00:36:44,480 --> 00:36:46,800 like an appropriate thing for the city 902 00:36:46,800 --> 00:36:49,280 to do. Um I don't think it'll be 903 00:36:49,280 --> 00:36:53,440 successful. I think it that that's apparent because it's not 904 00:36:53,440 --> 00:36:54,960 successful now and it's already illegal 905 00:36:54,960 --> 00:36:57,839 for these people to buy them and possess 906 00:36:57,839 --> 00:37:00,880 them and that didn't work. So, we're 907 00:37:00,880 --> 00:37:02,320 going to make it harder [snorts] on 908 00:37:02,320 --> 00:37:03,920 somebody who is old enough and somebody 909 00:37:03,920 --> 00:37:05,760 who is legal and somebody who wants to 910 00:37:05,760 --> 00:37:08,880 sell legal products to legal people and 911 00:37:08,880 --> 00:37:10,880 we're going to say, "Well, we decided we 912 00:37:10,880 --> 00:37:15,359 don't want that you to come in here." I I'm a businessman. And I think that 913 00:37:15,359 --> 00:37:18,079 that's that's not pro business to tell 914 00:37:18,079 --> 00:37:20,400 somebody that we got 16 other places 915 00:37:20,400 --> 00:37:23,359 that can legally do this, but not you. 916 00:37:23,359 --> 00:37:26,240 That that to me is not not pro business 917 00:37:26,240 --> 00:37:28,079 at any level. And it's also should be 918 00:37:28,079 --> 00:37:31,040 almost illegal to do that when they're 919 00:37:31,040 --> 00:37:33,280 selling legal products to legal adults 920 00:37:33,280 --> 00:37:35,119 who can make their own decision about 921 00:37:35,119 --> 00:37:37,280 whether they do that or not. And the 922 00:37:37,280 --> 00:37:40,000 trend AC nationwide, smoking's going 923 00:37:40,000 --> 00:37:42,240 downhill, smoking's ending, vaping's 924 00:37:42,240 --> 00:37:45,040 ending. It's on a natural trail down. 925 00:37:45,040 --> 00:37:46,480 We're not going to affect that. It's 926 00:37:46,480 --> 00:37:48,240 going to go down and disappear at some 927 00:37:48,240 --> 00:37:52,079 point. But again, I can't I can't say 928 00:37:52,079 --> 00:37:55,440 that I'm it's more principled to me of 929 00:37:55,440 --> 00:37:57,040 being an American and being what 930 00:37:57,040 --> 00:37:59,280 Americans are supposed to think or do. 931 00:37:59,280 --> 00:38:01,599 And if it's legal, you shouldn't be told 932 00:38:01,599 --> 00:38:03,440 you can't. 933 00:38:03,440 --> 00:38:06,950 >> Okay. 934 00:38:06,960 --> 00:38:08,480 » I'm sorry. Go ahead. Go ahead. 935 00:38:08,480 --> 00:38:11,520 >> Just to clarify, it's 50% of the sales. 936 00:38:11,520 --> 00:38:13,119 Correct. Correct. 50. 937 00:38:13,119 --> 00:38:17,520 >> So, businesses that are going to sell 938 00:38:17,520 --> 00:38:20,079 these products but are selling other 939 00:38:20,079 --> 00:38:21,200 things. 940 00:38:21,200 --> 00:38:23,520 >> Yeah. It would affect a new gas station. 941 00:38:23,520 --> 00:38:25,200 It would not affect a new grocery store. 942 00:38:25,200 --> 00:38:27,119 It would not affect a Walgreens. It 943 00:38:27,119 --> 00:38:29,040 would not affect 944 00:38:29,040 --> 00:38:31,200 >> a 7-Eleven, a standalone convenience 945 00:38:31,200 --> 00:38:33,680 store, nothing like that. Only a 946 00:38:33,680 --> 00:38:36,960 business that is selling those products 947 00:38:36,960 --> 00:38:38,400 specifically. 948 00:38:38,400 --> 00:38:41,599 >> Thank you. Yep. 949 00:38:41,599 --> 00:38:43,280 I move to perform the first reading of 950 00:38:43,280 --> 00:38:44,480 the ordinance and direct the city 951 00:38:44,480 --> 00:38:46,000 manager to prepare the ordinance for a 952 00:38:46,000 --> 00:38:48,000 second reading on September 1st. 953 00:38:48,000 --> 00:38:48,880 >> Second. 954 00:38:48,880 --> 00:38:51,040 >> We have a motion, a second. Any further 955 00:38:51,040 --> 00:38:52,400 discussion? 956 00:38:52,400 --> 00:38:55,119 >> Um, yes. I move to amend the motion by 957 00:38:55,119 --> 00:38:56,960 striking out the addition of the section 958 00:38:56,960 --> 00:39:02,307 proposed in the redline draft in 58-148 959 00:39:02,307 --> 00:39:02,400 >> [clears throat] 960 00:39:02,400 --> 00:39:05,119 >> um D item 3 and striking out the 961 00:39:05,119 --> 00:39:08,079 definition changes in B items 5 through 962 00:39:08,079 --> 00:39:11,750 8. 963 00:39:11,760 --> 00:39:14,000 Do we need to vote on it first or do we 964 00:39:14,000 --> 00:39:15,280 vote on her motion? 965 00:39:15,280 --> 00:39:17,040 >> No, we need a second on the motion to 966 00:39:17,040 --> 00:39:17,839 debate her motion. 967 00:39:17,839 --> 00:39:20,320 >> Second. 968 00:39:20,320 --> 00:39:22,320 >> Right. So, we have the motion, a second 969 00:39:22,320 --> 00:39:26,240 on her mo motion or motion to amend. Is 970 00:39:26,240 --> 00:39:28,400 there any debate on that? 971 00:39:28,400 --> 00:39:30,800 >> I just kind of wanted to explain my 972 00:39:30,800 --> 00:39:32,720 thought process around this. I spent a 973 00:39:32,720 --> 00:39:35,839 lot of time with the our wonderful GIS 974 00:39:35,839 --> 00:39:38,079 tool and mapping out the thousand feet 975 00:39:38,079 --> 00:39:41,280 from all of the schools which covers a 976 00:39:41,280 --> 00:39:44,480 lot of the prime real estate already or 977 00:39:44,480 --> 00:39:48,160 retail real estate already. And I think 978 00:39:48,160 --> 00:39:53,440 with the decline of um that people are 979 00:39:53,440 --> 00:39:55,200 seeing across the nation and in our 980 00:39:55,200 --> 00:39:57,359 state on the use of vaping and 981 00:39:57,359 --> 00:40:00,640 everything else that this is a bit 982 00:40:00,640 --> 00:40:04,000 performative maybe in the fact that it's 983 00:40:04,000 --> 00:40:06,720 a large section of the city. And I think 984 00:40:06,720 --> 00:40:10,480 we're we're in a natural decline as it 985 00:40:10,480 --> 00:40:15,040 is. And I do agree with your point that 986 00:40:15,040 --> 00:40:17,040 if we don't need to limit business, we 987 00:40:17,040 --> 00:40:19,040 shouldn't at this point. And I think the 988 00:40:19,040 --> 00:40:21,920 tactics that are being used are very, effective. 989 00:40:21,920 --> 00:40:24,320 >> Yeah. I said, I'm not trying to promote 990 00:40:24,320 --> 00:40:25,920 the use of these items for for 991 00:40:25,920 --> 00:40:28,320 juveniles, but this seems like overreach 992 00:40:28,320 --> 00:40:30,000 and only going to interfere with legal 993 00:40:30,000 --> 00:40:31,839 people running legal businesses, and I 994 00:40:31,839 --> 00:40:33,680 can't get on board with that. 995 00:40:33,680 --> 00:40:36,000 >> Well, and I'm not necessarily convinced 996 00:40:36,000 --> 00:40:38,480 it's the best tactic either. you know, 997 00:40:38,480 --> 00:40:40,800 my kid I was a smoker, raised two kids 998 00:40:40,800 --> 00:40:44,480 that do not smoke and um because I was 999 00:40:44,480 --> 00:40:47,040 constantly say don't even try one 1000 00:40:47,040 --> 00:40:48,960 because I started in high school, you 1001 00:40:48,960 --> 00:40:51,440 know, and I'll be a year free in 1002 00:40:51,440 --> 00:40:55,280 October. So, but but I think that's 1003 00:40:55,280 --> 00:40:57,520 where the majority of the responsibility 1004 00:40:57,520 --> 00:41:00,079 lies is in the education, in the 1005 00:41:00,079 --> 00:41:06,870 schools, and in the parents. 1006 00:41:06,880 --> 00:41:09,040 I've kind of gone back and forth with 1007 00:41:09,040 --> 00:41:10,640 this. Um, you know, you brought it to 1008 00:41:10,640 --> 00:41:12,079 the ordinance committee and I was very 1009 00:41:12,079 --> 00:41:16,240 supportive. Um, but looking at this map, 1010 00:41:16,240 --> 00:41:20,319 um, I I almost feel we need to lean more 1011 00:41:20,319 --> 00:41:22,880 on the idea of maybe making a limit as 1012 00:41:22,880 --> 00:41:25,839 to how many licenses for this item we 1013 00:41:25,839 --> 00:41:28,640 can perform 1014 00:41:28,640 --> 00:41:31,520 or give out. So, if we're at 16 now, 1015 00:41:31,520 --> 00:41:33,920 maybe we make an ordinance in the future 1016 00:41:33,920 --> 00:41:38,079 to um create that placeholder that we 1017 00:41:38,079 --> 00:41:41,599 can only allow for 16 of these licenses. 1018 00:41:41,599 --> 00:41:44,880 was I asked the city manager yesterday 1019 00:41:44,880 --> 00:41:47,200 during a meeting that if it was at all 1020 00:41:47,200 --> 00:41:48,960 possible to put this map together for us 1021 00:41:48,960 --> 00:41:54,240 and my I I agree with um Council Member 1022 00:41:54,240 --> 00:41:57,359 Johnson that you know this map show 1023 00:41:57,359 --> 00:42:00,079 basically eliminates every location in 1024 00:42:00,079 --> 00:42:01,680 the city that a retailer could 1025 00:42:01,680 --> 00:42:04,400 potentially go into. I feel like that's 1026 00:42:04,400 --> 00:42:07,280 a little on the strong side. I I do 1027 00:42:07,280 --> 00:42:09,040 agree. You know, high school, middle 1028 00:42:09,040 --> 00:42:11,040 school, those ones we shouldn't be 1029 00:42:11,040 --> 00:42:14,240 trying to keep out because those are the 1030 00:42:14,240 --> 00:42:15,839 ones getting closer to that age where 1031 00:42:15,839 --> 00:42:18,480 they're going to walk in. And you know, 1032 00:42:18,480 --> 00:42:20,640 there's a lot of 18y olds that look a 1033 00:42:20,640 --> 00:42:23,760 little older that would maybe pass for 1034 00:42:23,760 --> 00:42:25,599 that somebody just wouldn't think twice 1035 00:42:25,599 --> 00:42:27,040 and would sell it to them. 1036 00:42:27,040 --> 00:42:28,800 >> Yeah. Um, 1037 00:42:28,800 --> 00:42:31,680 >> I I guess I would say if if there was a 1038 00:42:31,680 --> 00:42:33,359 compromise somewhere in the middle, it 1039 00:42:33,359 --> 00:42:35,839 would be to eliminate the park section 1040 00:42:35,839 --> 00:42:38,240 of it, but also stay focused on the 1041 00:42:38,240 --> 00:42:40,400 importance of locations like a base or a 1042 00:42:40,400 --> 00:42:43,200 YMCA or rec center and including those 1043 00:42:43,200 --> 00:42:46,960 in there because that is 100% kids, 1044 00:42:46,960 --> 00:42:49,920 vulnerable youth, uh, potentially. Um, 1045 00:42:49,920 --> 00:42:53,359 and I'd really hate to see us not lose I 1046 00:42:53,359 --> 00:42:54,880 would hate to see us lose focus of the 1047 00:42:54,880 --> 00:42:57,520 importance of those types of locations. 1048 00:42:57,520 --> 00:42:59,920 Um, knowing that maybe because when I 1049 00:42:59,920 --> 00:43:01,280 saw the map as well, I was like, well, 1050 00:43:01,280 --> 00:43:02,640 that's a little bit more than I thought 1051 00:43:02,640 --> 00:43:03,760 was going to happen. 1052 00:43:03,760 --> 00:43:05,920 >> Um, but, 1053 00:43:05,920 --> 00:43:09,680 um, so if you were to draft something or 1054 00:43:09,680 --> 00:43:11,760 request an update that removed parks, I 1055 00:43:11,760 --> 00:43:13,280 think we're still really doing a 1056 00:43:13,280 --> 00:43:15,119 something good. And I will just throw 1057 00:43:15,119 --> 00:43:16,960 that out there as something to think 1058 00:43:16,960 --> 00:43:19,839 about. So, so to check protocol, we'd 1059 00:43:19,839 --> 00:43:22,079 need to put [snorts] turn this down 1060 00:43:22,079 --> 00:43:24,000 tonight and then and come back with 1061 00:43:24,000 --> 00:43:26,000 another ordinance that addresses those 1062 00:43:26,000 --> 00:43:28,240 issues different. Correct. 1063 00:43:28,240 --> 00:43:30,000 No, you have a motion and a second on 1064 00:43:30,000 --> 00:43:33,280 the floor right now to strike 1065 00:43:33,280 --> 00:43:35,920 um to strike the red line version uh or 1066 00:43:35,920 --> 00:43:39,119 the red line under D3, which is adding 1067 00:43:39,119 --> 00:43:41,280 city parks, any out of school youth 1068 00:43:41,280 --> 00:43:43,520 program, location, youth center or youth 1069 00:43:43,520 --> 00:43:45,440 serving organization per the definitions 1070 00:43:45,440 --> 00:43:48,160 included in B. And then the four 1071 00:43:48,160 --> 00:43:50,079 additional definitions in B, the 1072 00:43:50,079 --> 00:43:51,680 definitions of out of school time 1073 00:43:51,680 --> 00:43:53,920 program, the definition of youth center, 1074 00:43:53,920 --> 00:43:55,359 the definition of youth serving 1075 00:43:55,359 --> 00:43:57,359 organization, and the definition of out 1076 00:43:57,359 --> 00:44:01,599 of school uh youth. Um so that is 1077 00:44:01,599 --> 00:44:03,200 there's a motion in a second to strike 1078 00:44:03,200 --> 00:44:06,720 those things. Uh this if that motion 1079 00:44:06,720 --> 00:44:08,880 carries, you would then uh vote on the 1080 00:44:08,880 --> 00:44:10,720 underlying motion, which has a motion, a 1081 00:44:10,720 --> 00:44:13,839 second uh on the floor uh as well. And 1082 00:44:13,839 --> 00:44:16,319 then uh staff would make those changes 1083 00:44:16,319 --> 00:44:19,040 if that amendment was adopted and bring 1084 00:44:19,040 --> 00:44:21,599 uh this back to uh the city council for 1085 00:44:21,599 --> 00:44:24,319 a second reading at the next uh um city 1086 00:44:24,319 --> 00:44:25,520 council meeting. 1087 00:44:25,520 --> 00:44:28,720 >> And it does leave intact the um the 1088 00:44:28,720 --> 00:44:32,480 change to mirror the federal age limit 1089 00:44:32,480 --> 00:44:34,079 of 21. 1090 00:44:34,079 --> 00:44:35,599 >> Yes, that's all this uh ordinance 1091 00:44:35,599 --> 00:44:37,119 amendment would do would be to change 1092 00:44:37,119 --> 00:44:40,960 the uh legal age from 18 to 21. 1093 00:44:40,960 --> 00:44:43,599 And I agree with uh Council President 1094 00:44:43,599 --> 00:44:46,960 Kyle that uh the idea of we if we wanted 1095 00:44:46,960 --> 00:44:49,280 to attack this issue that we would 1096 00:44:49,280 --> 00:44:52,079 license X number of places in the city 1097 00:44:52,079 --> 00:44:53,760 and in advance when you come to the 1098 00:44:53,760 --> 00:44:55,440 city, you'd already know that and you'd 1099 00:44:55,440 --> 00:44:57,119 like a liquor license. I'm not opposed 1100 00:44:57,119 --> 00:45:00,720 to having only so many liquor licenses. 1101 00:45:00,720 --> 00:45:02,960 But I am opposed to a blanket map is 1102 00:45:02,960 --> 00:45:05,440 what I see in front of me. I would just 1103 00:45:05,440 --> 00:45:07,040 note that if you limit the number of 1104 00:45:07,040 --> 00:45:09,280 licenses, that actually limits the 1105 00:45:09,280 --> 00:45:11,040 number of licenses that folks can have 1106 00:45:11,040 --> 00:45:14,240 for grocery stores, gas stations, and 1107 00:45:14,240 --> 00:45:18,240 any other u um retailer that's selling 1108 00:45:18,240 --> 00:45:22,319 tobacco as a side uh instead of these 1109 00:45:22,319 --> 00:45:24,000 businesses which are the focus of the 1110 00:45:24,000 --> 00:45:26,880 ordinance that are only selling or have 1111 00:45:26,880 --> 00:45:30,079 50% or more of their sales are tobacco 1112 00:45:30,079 --> 00:45:32,800 uh ecigarette and vaping devices. So, a 1113 00:45:32,800 --> 00:45:35,599 limit on the total number of licenses 1114 00:45:35,599 --> 00:45:38,000 would actually further limit any new 1115 00:45:38,000 --> 00:45:40,800 business from coming to the city uh and 1116 00:45:40,800 --> 00:45:42,880 selling any of those products. 1117 00:45:42,880 --> 00:45:44,800 >> I don't I don't understand how that 1118 00:45:44,800 --> 00:45:46,960 would would be if we're limiting the 1119 00:45:46,960 --> 00:45:49,721 number of places that we've already se 1120 00:45:49,721 --> 00:45:51,440 [snorts] sectioned them out. We said if 1121 00:45:51,440 --> 00:45:53,359 you make more than 50% of your income 1122 00:45:53,359 --> 00:45:55,440 selling this stuff, that's who we're 1123 00:45:55,440 --> 00:45:57,359 talking about. 1124 00:45:57,359 --> 00:45:58,960 That's who would be getting the license 1125 00:45:58,960 --> 00:46:01,040 or not. It'd be the same group. 1126 00:46:01,040 --> 00:46:03,520 >> No. We're only talking about like uh 1127 00:46:03,520 --> 00:46:06,720 tobacco land uh hemp. 1128 00:46:06,720 --> 00:46:08,560 >> I can't remember the name of it. Hemp 1129 00:46:08,560 --> 00:46:10,079 1848. 1130 00:46:10,079 --> 00:46:10,560 Um 1131 00:46:10,560 --> 00:46:13,680 >> Extreme Smoke, That's all this is about 1132 00:46:13,680 --> 00:46:16,640 is businesses that specifically sell 1133 00:46:16,640 --> 00:46:17,359 those items. 1134 00:46:17,359 --> 00:46:19,520 >> All All gas stations and grocery stores 1135 00:46:19,520 --> 00:46:22,240 that sell tobacco need a license. So any 1136 00:46:22,240 --> 00:46:24,240 gas station, any grocery store that 1137 00:46:24,240 --> 00:46:26,160 sells tobacco in the city needs a 1138 00:46:26,160 --> 00:46:28,480 license. Again, I'm just saying why are 1139 00:46:28,480 --> 00:46:31,680 we not creating an ordinance that would 1140 00:46:31,680 --> 00:46:34,240 target the ones that that he just listed 1141 00:46:34,240 --> 00:46:35,599 for us and said 1142 00:46:35,599 --> 00:46:36,640 >> no more of those. 1143 00:46:36,640 --> 00:46:38,640 >> That's what we're trying to do. That's 1144 00:46:38,640 --> 00:46:39,440 what this is. 1145 00:46:39,440 --> 00:46:41,760 >> Yes. Not this map. 1146 00:46:41,760 --> 00:46:44,079 >> By this by the definition that we have 1147 00:46:44,079 --> 00:46:47,839 to follow that would create this rule. 1148 00:46:47,839 --> 00:46:50,480 If we put the limit on of saying we only 1149 00:46:50,480 --> 00:46:54,079 have 16 licenses as a quota, that means 1150 00:46:54,079 --> 00:46:56,079 a grocery store that would want to come 1151 00:46:56,079 --> 00:46:59,920 in, say, on the south side of town would 1152 00:46:59,920 --> 00:47:02,560 not be able to potentially sell this 1153 00:47:02,560 --> 00:47:04,480 unless we had one of those 16 come 1154 00:47:04,480 --> 00:47:07,040 available. 1155 00:47:07,040 --> 00:47:07,920 Okay, 1156 00:47:07,920 --> 00:47:10,160 >> this would be Quick Trip, Pick and Save, 1157 00:47:10,160 --> 00:47:15,119 Stop and Go, KPM Mart, uh BP, Walgreens, 1158 00:47:15,119 --> 00:47:18,240 Family Dollar, Sitco, Lions, QuickMart. 1159 00:47:18,240 --> 00:47:19,760 These are all of those locations that 1160 00:47:19,760 --> 00:47:21,839 are licensed. All of those, it would not 1161 00:47:21,839 --> 00:47:26,000 affect any business like that, 1162 00:47:26,000 --> 00:47:28,880 >> right? 50% or more of their revenue has 1163 00:47:28,880 --> 00:47:31,280 to come in from something other than the 1164 00:47:31,280 --> 00:47:37,359 tobacco vape stuff combined. 1165 00:47:37,359 --> 00:47:39,200 I really do think if there's a 1166 00:47:39,200 --> 00:47:41,119 compromise to be had, it's remove city 1167 00:47:41,119 --> 00:47:44,960 parks but still stay focused on the the 1168 00:47:44,960 --> 00:47:46,480 locations that are very much like 1169 00:47:46,480 --> 00:47:50,240 schools. Um, which already is, you know, 1170 00:47:50,240 --> 00:47:52,640 something that we're, you know, we have 1171 00:47:52,640 --> 00:47:54,560 active. So, I just throw that out there 1172 00:47:54,560 --> 00:47:59,839 again as a maybe a thought before you move forward. 1173 00:47:59,839 --> 00:48:01,520 >> That's something I could be very 1174 00:48:01,520 --> 00:48:04,319 agreeable with because just looking at 1175 00:48:04,319 --> 00:48:06,800 this map, you take out city parks, that 1176 00:48:06,800 --> 00:48:08,720 basically makes about half it's about a 1177 00:48:08,720 --> 00:48:11,520 50/50 shot in the city, 1178 00:48:11,520 --> 00:48:12,960 you know. So, I would 1179 00:48:12,960 --> 00:48:14,720 >> and if if whatever direction the council 1180 00:48:14,720 --> 00:48:16,319 gives staff, we can certainly produce 1181 00:48:16,319 --> 00:48:17,760 additional maps for the next city 1182 00:48:17,760 --> 00:48:21,430 council meeting. 1183 00:48:21,440 --> 00:48:26,870 So, if we move forward 1184 00:48:26,880 --> 00:48:29,520 by taking these, let's say we approve 1185 00:48:29,520 --> 00:48:32,640 the amendment I put in at the next 1186 00:48:32,640 --> 00:48:36,240 reading, we could add an amendment 1187 00:48:36,240 --> 00:48:37,599 because that would give us time to look 1188 00:48:37,599 --> 00:48:40,000 at a map of what it would look like by 1189 00:48:40,000 --> 00:48:42,960 just removing the parks. 1190 00:48:42,960 --> 00:48:45,760 Correct? You could vote down your 1191 00:48:45,760 --> 00:48:48,079 amendment and redo an amendment, come 1192 00:48:48,079 --> 00:48:50,079 back next week with all the parks 1193 00:48:50,079 --> 00:48:51,760 removed and then you can see what it is 1194 00:48:51,760 --> 00:48:53,359 visually then. I think that's how you 1195 00:48:53,359 --> 00:48:54,400 would want to do it. 1196 00:48:54,400 --> 00:48:57,359 >> I No, that that would work. But there 1197 00:48:57,359 --> 00:48:58,800 there's a motion in a second on the 1198 00:48:58,800 --> 00:48:59,680 floor right now. 1199 00:48:59,680 --> 00:49:03,440 >> Okay. to uh to amend the ordinance to 1200 00:49:03,440 --> 00:49:05,440 eliminate the things that I those four 1201 00:49:05,440 --> 00:49:09,040 definitions as well as the uh section 1202 00:49:09,040 --> 00:49:13,280 relating uh to prohibiting um these 1203 00:49:13,280 --> 00:49:15,040 types of stores within a thousand ft of 1204 00:49:15,040 --> 00:49:17,680 a city park or out of school um out of 1205 00:49:17,680 --> 00:49:19,200 school youth programming location or 1206 00:49:19,200 --> 00:49:21,359 youth center. So that's that's the 1207 00:49:21,359 --> 00:49:23,200 amendment that is on the floor right 1208 00:49:23,200 --> 00:49:24,880 now. 1209 00:49:24,880 --> 00:49:26,640 We'd have to vote that down and then 1210 00:49:26,640 --> 00:49:29,599 come back with a new one if 1211 00:49:29,599 --> 00:49:33,270 so wanted. 1212 00:49:33,280 --> 00:49:35,920 » I will that we will call the question on 1213 00:49:35,920 --> 00:49:38,000 the amendment. All in favor? 1214 00:49:38,000 --> 00:49:39,839 >> So wait, just so I'm clear, it is the 1215 00:49:39,839 --> 00:49:42,079 amendment to the amended ordinance? 1216 00:49:42,079 --> 00:49:43,119 >> Yes. No. 1217 00:49:43,119 --> 00:49:46,160 >> No. No. This is the amend This is the 1218 00:49:46,160 --> 00:49:48,720 amendment to the ordinance that's on the 1219 00:49:48,720 --> 00:49:50,720 floor right now. So the ordinance 1220 00:49:50,720 --> 00:49:53,760 changes on the floor. The amendment is 1221 00:49:53,760 --> 00:49:55,839 to that ordinance change that's proposed 1222 00:49:55,839 --> 00:49:56,800 that's in the packet. 1223 00:49:56,800 --> 00:49:58,240 >> And me I'm thinking we're thinking the 1224 00:49:58,240 --> 00:50:00,160 same two things. We have an amended 1225 00:50:00,160 --> 00:50:02,000 ordinance in the packet today and we 1226 00:50:02,000 --> 00:50:03,440 have an amendment to that amended 1227 00:50:03,440 --> 00:50:04,720 ordinance that Right. 1228 00:50:04,720 --> 00:50:05,680 >> Correct. 1229 00:50:05,680 --> 00:50:07,680 >> Basically the amendment that we're going 1230 00:50:07,680 --> 00:50:11,040 to take the vote on is to remove all the 1231 00:50:11,040 --> 00:50:13,839 red line items except for the age 1232 00:50:13,839 --> 00:50:15,599 change. 1233 00:50:15,599 --> 00:50:17,520 >> So 1234 00:50:17,520 --> 00:50:20,240 with that I will call the question. All 1235 00:50:20,240 --> 00:50:23,520 in favor of the amended 1236 00:50:23,520 --> 00:50:26,960 amendment to the ordinance amendment, 1237 00:50:26,960 --> 00:50:28,400 please say I. 1238 00:50:28,400 --> 00:50:29,520 >> I. 1239 00:50:29,520 --> 00:50:30,720 >> Any opposed? 1240 00:50:30,720 --> 00:50:33,599 >> Nay. 1241 00:50:33,599 --> 00:50:35,839 >> That motion fails. 1242 00:50:35,839 --> 00:50:39,599 >> So, we are back to the original um 1243 00:50:39,599 --> 00:50:41,440 motion and a second to perform the 1244 00:50:41,440 --> 00:50:44,240 reading. Is there any further discussion 1245 00:50:44,240 --> 00:50:45,680 on this? 1246 00:50:45,680 --> 00:50:47,680 >> And this motion will be on the amended 1247 00:50:47,680 --> 00:50:50,559 form. the full out amendment that we 1248 00:50:50,559 --> 00:50:52,720 have in front of us in the packet. 1249 00:50:52,720 --> 00:50:55,040 >> Okay. 1250 00:50:55,040 --> 00:50:57,200 >> At this time, if anybody wanted to make 1251 00:50:57,200 --> 00:51:00,319 the amendment to remove city parks, that 1252 00:51:00,319 --> 00:51:04,000 could be discussed. 1253 00:51:04,000 --> 00:51:07,040 >> Okay. I'm going to try to do this right. 1254 00:51:07,040 --> 00:51:09,760 Okay. I move to amend the motion by 1255 00:51:09,760 --> 00:51:15,599 striking out the addition of city parks 1256 00:51:15,599 --> 00:51:19,119 in the proposed section redline draft in 1257 00:51:19,119 --> 00:51:21,839 58-148D 1258 00:51:21,839 --> 00:51:25,760 item three and striking out 1259 00:51:25,760 --> 00:51:27,920 I don't think there is a never mind just 1260 00:51:27,920 --> 00:51:29,440 stop it right there because I don't 1261 00:51:29,440 --> 00:51:32,160 think there's a definition of city park 1262 00:51:32,160 --> 00:51:34,640 in your 1263 00:51:34,640 --> 00:51:37,440 so let me say it one more 1264 00:51:37,440 --> 00:51:41,599 I move to amend the motion by striking 1265 00:51:41,599 --> 00:51:45,040 out city parks of the section proposed 1266 00:51:45,040 --> 00:51:48,720 in the redline draft in 58-148D 1267 00:51:48,720 --> 00:51:50,640 item three. 1268 00:51:50,640 --> 00:51:52,480 >> Second. 1269 00:51:52,480 --> 00:51:54,240 >> We have a motion, a second on the 1270 00:51:54,240 --> 00:51:58,960 amendment. All uh any discussion? 1271 00:51:58,960 --> 00:52:01,440 I think this is a much more feasible 1272 00:52:01,440 --> 00:52:06,150 option for us to pursue. 1273 00:52:06,160 --> 00:52:07,920 Uh with that being said, I will call the 1274 00:52:07,920 --> 00:52:10,559 question. All in favor of the amendment 1275 00:52:10,559 --> 00:52:13,280 for the amendment ordinance, please 1276 00:52:13,280 --> 00:52:14,800 signify by saying I. 1277 00:52:14,800 --> 00:52:15,920 >> I. 1278 00:52:15,920 --> 00:52:18,240 >> Any opposed? 1279 00:52:18,240 --> 00:52:20,240 >> Motion carries. 1280 00:52:20,240 --> 00:52:20,720 >> Thank you. 1281 00:52:20,720 --> 00:52:23,119 >> The underlying we need to take action. 1282 00:52:23,119 --> 00:52:24,960 The council um should take action on the 1283 00:52:24,960 --> 00:52:26,800 underlying motion which is to perform 1284 00:52:26,800 --> 00:52:28,960 the first reading of the ordinance and 1285 00:52:28,960 --> 00:52:30,480 direct the city manager to prepare it 1286 00:52:30,480 --> 00:52:32,880 for a second reading. Uh, and with the I 1287 00:52:32,880 --> 00:52:34,559 would prepare the amended ordinance for 1288 00:52:34,559 --> 00:52:35,920 a second reading and bring it back to 1289 00:52:35,920 --> 00:52:37,440 the council on September 1st with 1290 00:52:37,440 --> 00:52:39,599 additional maps. 1291 00:52:39,599 --> 00:52:41,280 >> With that, I will call that question. 1292 00:52:41,280 --> 00:52:43,359 All in favor, please signify by saying 1293 00:52:43,359 --> 00:52:44,160 I. 1294 00:52:44,160 --> 00:52:44,960 >> I. I. 1295 00:52:44,960 --> 00:52:47,119 >> Any opposed? 1296 00:52:47,119 --> 00:52:48,720 Motion carries. Thank you, Chief. 1297 00:52:48,720 --> 00:52:50,000 >> You're welcome. 1298 00:52:50,000 --> 00:52:51,920 >> Thank you, Chief Bump. I do I do 1299 00:52:51,920 --> 00:52:53,520 appreciate how much you care about our 1300 00:52:53,520 --> 00:52:56,720 city. I do. 1301 00:52:56,720 --> 00:52:58,319 >> All right. 1302 00:52:58,319 --> 00:53:00,800 Moving on to item 8B, first reading of 1303 00:53:00,800 --> 00:53:02,800 an ordinance to amend multiple sections 1304 00:53:02,800 --> 00:53:04,960 of chapter 62 of the city of Fort 1305 00:53:04,960 --> 00:53:07,119 Atinson municipal code of ordinances 1306 00:53:07,119 --> 00:53:09,520 relating to park regulations. Director 1307 00:53:09,520 --> 00:53:12,400 of parks and recreation Dayton. 1308 00:53:12,400 --> 00:53:14,319 >> Yes, thank you. Uh so these uh 1309 00:53:14,319 --> 00:53:16,720 amendments are related to section 62 as 1310 00:53:16,720 --> 00:53:20,480 you mentioned earlier. Uh the uh 1311 00:53:20,480 --> 00:53:23,760 recommendations were uh a first 1312 00:53:23,760 --> 00:53:25,760 recommended by the parks and recreation 1313 00:53:25,760 --> 00:53:27,680 advisory board on June 10th and then 1314 00:53:27,680 --> 00:53:30,400 again uh by the ordinance committee on 1315 00:53:30,400 --> 00:53:33,920 July 21st. Uh the recommendations really 1316 00:53:33,920 --> 00:53:38,400 focused on uh first reviewing the um or 1317 00:53:38,400 --> 00:53:41,520 sorry was first reviewed and uh decided 1318 00:53:41,520 --> 00:53:44,559 on by the parks and recreation advisory 1319 00:53:44,559 --> 00:53:47,200 board uh rules and ordinance 1320 00:53:47,200 --> 00:53:49,680 subcommittee. So we created a a group 1321 00:53:49,680 --> 00:53:53,920 I'm there we go uh a subcommittee within 1322 00:53:53,920 --> 00:53:56,319 the parks and recck advisory board to 1323 00:53:56,319 --> 00:53:59,280 spearhead this. Um and they were also 1324 00:53:59,280 --> 00:54:02,480 given some information by staff as for 1325 00:54:02,480 --> 00:54:04,720 best practices while also conducting 1326 00:54:04,720 --> 00:54:08,160 their own research um and seeing what is 1327 00:54:08,160 --> 00:54:11,599 out there in other communities as well. 1328 00:54:11,599 --> 00:54:15,920 Uh the first uh amendment uh is to the 1329 00:54:15,920 --> 00:54:18,720 animals and city park grounds uh section 1330 00:54:18,720 --> 00:54:24,319 621. Uh this really is not necessarily a 1331 00:54:24,319 --> 00:54:27,440 ban on animals in city parks. It's kind 1332 00:54:27,440 --> 00:54:30,160 of addressing uh situations that pop up 1333 00:54:30,160 --> 00:54:33,680 where uh everybody within that 1334 00:54:33,680 --> 00:54:36,000 subcommittee agreed to seeing at some 1335 00:54:36,000 --> 00:54:38,160 point in time. Um we're really just 1336 00:54:38,160 --> 00:54:40,160 looking to 1337 00:54:40,160 --> 00:54:43,680 uh put out some areas that are uh easily 1338 00:54:43,680 --> 00:54:46,319 identifiable like playgrounds, uh ball 1339 00:54:46,319 --> 00:54:48,160 fields, and those s those types of 1340 00:54:48,160 --> 00:54:52,640 facilities. and then have um have that 1341 00:54:52,640 --> 00:54:55,680 as a gauge for hey, animals are not 1342 00:54:55,680 --> 00:54:57,680 necessarily allowed on there. We've seen 1343 00:54:57,680 --> 00:55:00,319 folks play fetch on a a freshly prepared 1344 00:55:00,319 --> 00:55:03,040 ball field messing it up. Um those are 1345 00:55:03,040 --> 00:55:05,200 the things that we're trying to avoid. 1346 00:55:05,200 --> 00:55:08,720 So the um 1347 00:55:08,720 --> 00:55:11,760 the other part is just the the 1348 00:55:11,760 --> 00:55:13,839 playgrounds and and having other 1349 00:55:13,839 --> 00:55:16,960 structures as well included in that. In 1350 00:55:16,960 --> 00:55:20,480 addition to that, we are still having uh 1351 00:55:20,480 --> 00:55:22,640 areas that are posted, but it doesn't 1352 00:55:22,640 --> 00:55:25,119 require us to post every area like those 1353 00:55:25,119 --> 00:55:29,200 easily identifiable uh facilities. Uh 1354 00:55:29,200 --> 00:55:31,440 section 622 1355 00:55:31,440 --> 00:55:34,160 uh is uh more or less related to 1356 00:55:34,160 --> 00:55:37,359 protection protecting uh city property. 1357 00:55:37,359 --> 00:55:39,280 The language that we added is 1358 00:55:39,280 --> 00:55:41,760 specifically to like geocaching or metal 1359 00:55:41,760 --> 00:55:45,440 detecting, which are really acceptable 1360 00:55:45,440 --> 00:55:48,480 practices or or activities to do, but 1361 00:55:48,480 --> 00:55:51,520 just providing some guard rails um that 1362 00:55:51,520 --> 00:55:55,599 are really based on best practices um 1363 00:55:55,599 --> 00:55:59,359 throughout the uh variety of uh 1364 00:55:59,359 --> 00:56:02,400 counties. Uh the DNR has this for state 1365 00:56:02,400 --> 00:56:06,720 parks. uh they have um I guess rules in 1366 00:56:06,720 --> 00:56:10,400 place for uh this practice. Uh Walkshaw 1367 00:56:10,400 --> 00:56:12,240 County, City of Madison, Jefferson 1368 00:56:12,240 --> 00:56:15,040 County all have something in place that 1369 00:56:15,040 --> 00:56:18,400 um kind of gives this activity guard 1370 00:56:18,400 --> 00:56:22,000 rails. Um truly the intent is not to 1371 00:56:22,000 --> 00:56:27,200 have people uh potentially uh damaging 1372 00:56:27,200 --> 00:56:28,799 facilities 1373 00:56:28,799 --> 00:56:30,319 um 1374 00:56:30,319 --> 00:56:32,160 digging holes and random spots 1375 00:56:32,160 --> 00:56:35,119 throughout the parks. It's uh really 1376 00:56:35,119 --> 00:56:38,240 just well even putting uh affixing 1377 00:56:38,240 --> 00:56:41,200 caches to like playground equipment. We 1378 00:56:41,200 --> 00:56:43,839 want to keep it a fun and safe activity 1379 00:56:43,839 --> 00:56:46,319 to do around the city. Um, I also want 1380 00:56:46,319 --> 00:56:49,040 to note that geocaching.com 1381 00:56:49,040 --> 00:56:53,040 also supports uh all of these um 1382 00:56:53,040 --> 00:56:55,200 respectful ways of participating in this 1383 00:56:55,200 --> 00:56:56,960 activity. 1384 00:56:56,960 --> 00:57:00,960 Uh section 624 uh addresses alcohol and 1385 00:57:00,960 --> 00:57:02,799 glass bottles. This is really more or 1386 00:57:02,799 --> 00:57:07,280 less just cleaning up some of the um 1387 00:57:07,280 --> 00:57:10,240 older intentions of the ordinance by 1388 00:57:10,240 --> 00:57:13,440 removing bicesentennial park. uh that 1389 00:57:13,440 --> 00:57:16,000 doesn't necessarily apply now. And then 1390 00:57:16,000 --> 00:57:19,040 also um we still included Memorial Park 1391 00:57:19,040 --> 00:57:22,880 because that is uh primarily used as a 1392 00:57:22,880 --> 00:57:27,280 youth um or for youth activities. Uh 1393 00:57:27,280 --> 00:57:29,920 additionally, new language was added to 1394 00:57:29,920 --> 00:57:32,319 include uh hemp derived THC beverages 1395 00:57:32,319 --> 00:57:36,480 and then also a citywide pro uh ban on 1396 00:57:36,480 --> 00:57:39,359 glass bottles within the parks which is 1397 00:57:39,359 --> 00:57:41,599 a bigger issue with littering. and then 1398 00:57:41,599 --> 00:57:44,960 also broken glass. It's a safety issue. 1399 00:57:44,960 --> 00:57:50,240 Um the proposal for section 625 would be 1400 00:57:50,240 --> 00:57:52,240 a new ordinance pro uh prohibiting 1401 00:57:52,240 --> 00:57:54,559 smoking, vaping, ecigarettes within the 1402 00:57:54,559 --> 00:57:57,680 city or public trails. Um the the intent 1403 00:57:57,680 --> 00:58:00,160 for this is to promote uh healthier 1404 00:58:00,160 --> 00:58:04,799 public spaces and reduce exposure to um 1405 00:58:04,799 --> 00:58:07,680 community members, children uh from 1406 00:58:07,680 --> 00:58:09,359 smoking and vaping during youth 1407 00:58:09,359 --> 00:58:12,000 activities, community events um and 1408 00:58:12,000 --> 00:58:13,920 other public gatherings within the 1409 00:58:13,920 --> 00:58:17,839 parks. The under the proposal uh smoking 1410 00:58:17,839 --> 00:58:19,760 and vaping would be limited to locations 1411 00:58:19,760 --> 00:58:22,079 within the public right ofway uh 1412 00:58:22,079 --> 00:58:25,599 adjacent to one of the given parks. 1413 00:58:25,599 --> 00:58:27,119 Um 1414 00:58:27,119 --> 00:58:29,520 and then the final amendment involves 1415 00:58:29,520 --> 00:58:32,079 park operation hours. Uh that's just 1416 00:58:32,079 --> 00:58:34,400 really uh having some consistent 1417 00:58:34,400 --> 00:58:37,760 language across all the parks. So, um 1418 00:58:37,760 --> 00:58:40,160 there's no financial impact to this and 1419 00:58:40,160 --> 00:58:43,839 staff does recommend uh the parks and 1420 00:58:43,839 --> 00:58:45,599 that the parks and recreation advisory 1421 00:58:45,599 --> 00:58:48,319 board, the ordinance committee uh 1422 00:58:48,319 --> 00:58:50,240 recommended 1423 00:58:50,240 --> 00:58:52,559 ordinance that the council hold the 1424 00:58:52,559 --> 00:58:54,240 first reading of the ordinance and 1425 00:58:54,240 --> 00:58:56,640 direct city manager to prepare the 1426 00:58:56,640 --> 00:58:58,960 ordinance for a second reading at the 1427 00:58:58,960 --> 00:59:02,480 meeting on September 1st. I can take 1428 00:59:02,480 --> 00:59:05,040 questions. Thank you. I'm just I'm I'm 1429 00:59:05,040 --> 00:59:07,119 wondering the difference between what we 1430 00:59:07,119 --> 00:59:11,280 just amended one to take the uh parks 1431 00:59:11,280 --> 00:59:15,280 out of this map of what of this map that 1432 00:59:15,280 --> 00:59:17,520 we're that we're looking at about where 1433 00:59:17,520 --> 00:59:20,079 you can't sell these items. 1434 00:59:20,079 --> 00:59:24,000 Um and you're going to replace it with 1435 00:59:24,000 --> 00:59:25,839 you can't possess these items or can't 1436 00:59:25,839 --> 00:59:27,520 use these items even if you're a legal 1437 00:59:27,520 --> 00:59:28,160 adult. 1438 00:59:28,160 --> 00:59:30,559 >> No. So that map was specific to a new 1439 00:59:30,559 --> 00:59:32,319 business coming into town that would be 1440 00:59:32,319 --> 00:59:34,640 selling that product. 1441 00:59:34,640 --> 00:59:36,720 >> 50% more of their sales would come from 1442 00:59:36,720 --> 00:59:39,200 that. That's not that's not 1443 00:59:39,200 --> 00:59:41,839 representative of this ordinance change. 1444 00:59:41,839 --> 00:59:44,880 This is just saying that um smoking 1445 00:59:44,880 --> 00:59:47,359 within the park boundaries, smoking, 1446 00:59:47,359 --> 00:59:51,760 vaping, etc. is just not prohibited. Um 1447 00:59:51,760 --> 00:59:54,079 so it's not like it goes beyond the 1448 00:59:54,079 --> 00:59:57,990 boundaries of the park. 1449 00:59:58,000 --> 00:59:59,839 Okay. 1450 00:59:59,839 --> 01:00:00,880 >> I have two questions. 1451 01:00:00,880 --> 01:00:01,280 >> Yeah. 1452 01:00:01,280 --> 01:00:04,079 >> Um on the 1453 01:00:04,079 --> 01:00:06,160 item 625 1454 01:00:06,160 --> 01:00:10,720 with the vaping and smoking on all um 1455 01:00:10,720 --> 01:00:13,599 city park grounds. I think at the 1456 01:00:13,599 --> 01:00:15,280 ordinance meeting you had said something 1457 01:00:15,280 --> 01:00:18,559 they would include the trails and those 1458 01:00:18,559 --> 01:00:20,960 kinds of things. So what's the plan to 1459 01:00:20,960 --> 01:00:23,280 enforce it? 1460 01:00:23,280 --> 01:00:24,880 Um [clears throat] 1461 01:00:24,880 --> 01:00:28,240 so similar to other ordinances, other uh 1462 01:00:28,240 --> 01:00:31,520 laws, I think Chief Bump uh really 1463 01:00:31,520 --> 01:00:35,280 summed it up quite well where the number 1464 01:00:35,280 --> 01:00:39,280 of citations that are actually issued 1465 01:00:39,280 --> 01:00:42,960 >> uh are not what are not do not represent 1466 01:00:42,960 --> 01:00:44,880 the actual number of call or uh 1467 01:00:44,880 --> 01:00:47,359 interactions that uh his staff have with 1468 01:00:47,359 --> 01:00:50,720 the public. So, um, 1469 01:00:50,720 --> 01:00:52,640 >> it would likely be complaint based. 1470 01:00:52,640 --> 01:00:54,160 >> It would. Yes. Correct. 1471 01:00:54,160 --> 01:00:54,880 >> Okay. 1472 01:00:54,880 --> 01:00:56,640 >> If there was an interaction, it would be 1473 01:00:56,640 --> 01:00:57,680 complaint based. 1474 01:00:57,680 --> 01:00:58,799 >> Okay. 1475 01:00:58,799 --> 01:01:03,920 Um, what was my other question? 1476 01:01:03,920 --> 01:01:06,240 Do you have problems in the like the 1477 01:01:06,240 --> 01:01:09,280 bleachers and the stands like at the 1478 01:01:09,280 --> 01:01:13,599 football fields or at the pool? 1479 01:01:13,599 --> 01:01:17,680 Um, Jones Park. 1480 01:01:17,680 --> 01:01:18,400 with 1481 01:01:18,400 --> 01:01:21,200 >> with um smoking. 1482 01:01:21,200 --> 01:01:24,960 >> Uh I mean, yeah, the 1483 01:01:24,960 --> 01:01:26,720 um 1484 01:01:26,720 --> 01:01:30,319 during youth events, uh flag football, 1485 01:01:30,319 --> 01:01:32,240 uh baseball, every once in a while 1486 01:01:32,240 --> 01:01:34,640 someone will 1487 01:01:34,640 --> 01:01:38,880 start smoking and as a vapor or uh you 1488 01:01:38,880 --> 01:01:40,480 know, as it does, it 1489 01:01:40,480 --> 01:01:44,319 >> floats across the space. So there are um 1490 01:01:44,319 --> 01:01:46,720 >> yeah there are issues that do pop up. 1491 01:01:46,720 --> 01:01:48,079 Right now it's legal. So it's not 1492 01:01:48,079 --> 01:01:50,240 necessarily like it's reported by any 1493 01:01:50,240 --> 01:01:54,480 means. It's more or less self um 1494 01:01:54,480 --> 01:01:56,640 uh controlled by staff like within the 1495 01:01:56,640 --> 01:01:58,799 pool. Uh that's not allowed within the 1496 01:01:58,799 --> 01:02:01,200 pool. So staff have to address it then. 1497 01:02:01,200 --> 01:02:04,720 Um if youth group or a baseball club 1498 01:02:04,720 --> 01:02:06,880 would have an issue with uh during a 1499 01:02:06,880 --> 01:02:08,000 tournament, they would have to address 1500 01:02:08,000 --> 01:02:09,200 it themselves. 1501 01:02:09,200 --> 01:02:10,960 >> Okay? But there's nothing behind it. 1502 01:02:10,960 --> 01:02:12,400 Nothing backing it up. 1503 01:02:12,400 --> 01:02:13,040 >> Okay. 1504 01:02:13,040 --> 01:02:14,640 >> There's not going to be park patrols out 1505 01:02:14,640 --> 01:02:15,760 on the trails. 1506 01:02:15,760 --> 01:02:17,839 >> Oh, no. No. 1507 01:02:17,839 --> 01:02:20,319 >> Okay. 1508 01:02:20,319 --> 01:02:22,400 >> And I have witnessed uh people at the 1509 01:02:22,400 --> 01:02:24,400 aquatic center trying to sneak in a vape 1510 01:02:24,400 --> 01:02:26,240 and staff does a pretty good job there 1511 01:02:26,240 --> 01:02:30,000 of spotting it out and then going and 1512 01:02:30,000 --> 01:02:33,839 reminding that person it's not allowed. 1513 01:02:33,839 --> 01:02:37,440 >> Well, and I'm all on board with this. I 1514 01:02:37,440 --> 01:02:38,880 just would hope it would be more 1515 01:02:38,880 --> 01:02:42,160 targeted to where people gather. It it 1516 01:02:42,160 --> 01:02:45,520 seems again a bit overreaching to 1517 01:02:45,520 --> 01:02:47,359 include the trails and the outdoor 1518 01:02:47,359 --> 01:02:49,920 areas. As a former smoker, there's very 1519 01:02:49,920 --> 01:02:52,559 few places you can go, right? 1520 01:02:52,559 --> 01:02:54,720 and there are smokers that are citizens 1521 01:02:54,720 --> 01:02:59,760 here and that there's no um place but 1522 01:02:59,760 --> 01:03:02,640 their back patio will you know it's not 1523 01:03:02,640 --> 01:03:07,253 just I I totally agree with the 1524 01:03:07,253 --> 01:03:09,119 [clears throat] eliminating it where 1525 01:03:09,119 --> 01:03:13,359 it's targeted targeted 1526 01:03:13,359 --> 01:03:15,839 to protect where people gather you know 1527 01:03:15,839 --> 01:03:18,640 the soccer fields and the um because I 1528 01:03:18,640 --> 01:03:20,480 think you already can't do that on the 1529 01:03:20,480 --> 01:03:24,400 school school grounds, you know, and I 1530 01:03:24,400 --> 01:03:26,880 would I would definitely be in support 1531 01:03:26,880 --> 01:03:30,640 of some sort of ordinance that defines 1532 01:03:30,640 --> 01:03:33,119 the space. You know, there's no smoking 1533 01:03:33,119 --> 01:03:35,280 or vaping within 50 feet of a structure 1534 01:03:35,280 --> 01:03:38,799 or 25 ft of a structure of a city city 1535 01:03:38,799 --> 01:03:43,440 park structure. Yeah, that that was um 1536 01:03:43,440 --> 01:03:44,960 so I guess there were two different 1537 01:03:44,960 --> 01:03:48,799 ideas that were uh I guess discussed uh 1538 01:03:48,799 --> 01:03:52,640 specifically on this and one was this um 1539 01:03:52,640 --> 01:03:54,240 like you said an alternative concept 1540 01:03:54,240 --> 01:03:56,160 where it truly is just certain 1541 01:03:56,160 --> 01:03:58,640 facilities a distance away from those 1542 01:03:58,640 --> 01:04:02,480 facilities. the difficult the the issue 1543 01:04:02,480 --> 01:04:06,559 that we kept coming up on is that you 1544 01:04:06,559 --> 01:04:10,240 know if it's 50 ft or if it's uh a 1545 01:04:10,240 --> 01:04:12,559 parking lot you know that's where you 1546 01:04:12,559 --> 01:04:15,359 have to go um that's different in every 1547 01:04:15,359 --> 01:04:17,200 space different park 1548 01:04:17,200 --> 01:04:19,680 >> and so 1549 01:04:19,680 --> 01:04:24,000 having a blanket uh a um doesn't make 1550 01:04:24,000 --> 01:04:25,839 anybody have to think through where is 1551 01:04:25,839 --> 01:04:28,720 this or potentially avoid any conflict 1552 01:04:28,720 --> 01:04:29,760 where 1553 01:04:29,760 --> 01:04:32,079 All right, it's 50 feet away from a 1554 01:04:32,079 --> 01:04:35,520 playground. And then somebody starts to, 1555 01:04:35,520 --> 01:04:38,000 you know, question what is 50 ft? 1556 01:04:38,000 --> 01:04:39,760 >> What does that look like? 1557 01:04:39,760 --> 01:04:43,440 >> So, uh, a blanket approach is was, uh, 1558 01:04:43,440 --> 01:04:45,359 what we, 1559 01:04:45,359 --> 01:04:48,720 I guess, saw as a best option. 1560 01:04:48,720 --> 01:04:51,280 >> Okay. Because what was used in or what 1561 01:04:51,280 --> 01:04:54,319 was adopted in Watertown was a 1562 01:04:54,319 --> 01:04:56,480 compromise approach that protected the 1563 01:04:56,480 --> 01:04:59,440 areas that people gather by having a 1564 01:04:59,440 --> 01:05:03,440 distance a distance rule and also 1565 01:05:03,440 --> 01:05:07,359 recognizing people's liberty too. 1566 01:05:07,359 --> 01:05:09,440 >> Yeah, that actually that was one that 1567 01:05:09,440 --> 01:05:18,319 was sent over uh as well. Um, and theirs stated uh 25 ft from 1568 01:05:18,319 --> 01:05:20,480 uh these designated structures like uh 1569 01:05:20,480 --> 01:05:22,960 playgrounds, athletic fields, etc. 1570 01:05:22,960 --> 01:05:27,200 >> Um, when I looked at like a map of Jones 1571 01:05:27,200 --> 01:05:28,240 Park, 1572 01:05:28,240 --> 01:05:30,480 >> you've got the playground structure and 1573 01:05:30,480 --> 01:05:34,160 25 ft away is the uh, you know, one of 1574 01:05:34,160 --> 01:05:35,520 the park benches. Mhm. 1575 01:05:35,520 --> 01:05:38,960 >> So that's still fairly close to the 1576 01:05:38,960 --> 01:05:41,039 structure where you could still have 1577 01:05:41,039 --> 01:05:42,799 this interaction. 1578 01:05:42,799 --> 01:05:44,559 >> Um, 1579 01:05:44,559 --> 01:05:47,200 which potentially could drive people 1580 01:05:47,200 --> 01:05:49,760 away from using the park if they didn't 1581 01:05:49,760 --> 01:05:52,160 uh, you know, didn't want to be there 1582 01:05:52,160 --> 01:05:55,200 because of smoking. 1583 01:05:55,200 --> 01:05:57,760 >> I would agree with uh, Councilwoman 1584 01:05:57,760 --> 01:06:00,960 Huckabe that it should be more targeted. 1585 01:06:00,960 --> 01:06:02,559 It'd be easier for me to get on board 1586 01:06:02,559 --> 01:06:04,240 with the idea if it was targeted, not in 1587 01:06:04,240 --> 01:06:06,240 the bleachers, not not in a group with 1588 01:06:06,240 --> 01:06:09,039 parents and kids, not at kids events, 1589 01:06:09,039 --> 01:06:11,839 but out on the bike trail south of town 1590 01:06:11,839 --> 01:06:15,359 and nobody in sight. I I can't I can't I 1591 01:06:15,359 --> 01:06:16,960 can't believe that that's quite what we 1592 01:06:16,960 --> 01:06:18,559 need to be doing to that. 1593 01:06:18,559 --> 01:06:19,039 >> Sure. 1594 01:06:19,039 --> 01:06:21,280 >> And I would assume this takes it to that 1595 01:06:21,280 --> 01:06:22,079 level. 1596 01:06:22,079 --> 01:06:25,760 >> Uh I mean, again, it's it's um 1597 01:06:25,760 --> 01:06:28,640 uh report based, right? So, somebody 1598 01:06:28,640 --> 01:06:32,160 who's, you know, as you described, uh, 1599 01:06:32,160 --> 01:06:35,359 just walking the trail, they wouldn't 1600 01:06:35,359 --> 01:06:37,680 necessarily be 1601 01:06:37,680 --> 01:06:40,400 >> they wouldn't be noticed, 1602 01:06:40,400 --> 01:06:42,880 >> I suppose. I mean, they wouldn't nobody 1603 01:06:42,880 --> 01:06:44,480 would call unless that person called and 1604 01:06:44,480 --> 01:06:50,559 complained about themselves, right? It wouldn't happen. So, it's it's a um 1605 01:06:50,559 --> 01:06:53,440 Yeah, it's truly just report based. 1606 01:06:53,440 --> 01:06:54,720 This this is another one of those 1607 01:06:54,720 --> 01:06:57,760 ordinances I believe falls back on 1608 01:06:57,760 --> 01:07:00,240 discretion of the patrol officers at the 1609 01:07:00,240 --> 01:07:02,079 time. Correct, Chief? 1610 01:07:02,079 --> 01:07:06,390 >> Yeah, 1611 01:07:06,400 --> 01:07:09,760 » I know I was on this subcommittee at the 1612 01:07:09,760 --> 01:07:13,599 time with this and it it was a lot of 1613 01:07:13,599 --> 01:07:15,440 research back forth. I know I did send 1614 01:07:15,440 --> 01:07:18,240 you that link of water columns recently 1615 01:07:18,240 --> 01:07:21,440 enacted April of 25 they enacted that 1616 01:07:21,440 --> 01:07:22,799 ordinance which 1617 01:07:22,799 --> 01:07:25,520 >> like you said once you start including 1618 01:07:25,520 --> 01:07:27,440 these areas 1619 01:07:27,440 --> 01:07:30,319 you know it it goes back to this you 1620 01:07:30,319 --> 01:07:34,079 know map ideas where is that 25 ft where 1621 01:07:34,079 --> 01:07:38,880 is 50 feet where you know I guess this 1622 01:07:38,880 --> 01:07:42,480 is more so for the incidents where 1623 01:07:42,480 --> 01:07:44,720 there's somebody smoking in 1624 01:07:44,720 --> 01:07:46,559 gathering, there's an enforceable 1625 01:07:46,559 --> 01:07:48,960 option. If you're out taking a stroll 1626 01:07:48,960 --> 01:07:51,280 down the bike trail, I don't think um a 1627 01:07:51,280 --> 01:07:52,640 patrol officer is going to roll up 1628 01:07:52,640 --> 01:07:54,960 alongside you. You're out by yourself. 1629 01:07:54,960 --> 01:07:56,319 They're not going to just stop you and 1630 01:07:56,319 --> 01:07:57,680 say, "Hey, you can't do that. Here's a 1631 01:07:57,680 --> 01:08:02,069 fine." 1632 01:08:02,079 --> 01:08:04,000 » I'm to perform the first reading of the 1633 01:08:04,000 --> 01:08:05,760 ordinance and direct the city manager to 1634 01:08:05,760 --> 01:08:06,960 prepare the ordinance for a second 1635 01:08:06,960 --> 01:08:08,400 reading on September 1st. 1636 01:08:08,400 --> 01:08:09,599 >> Second. 1637 01:08:09,599 --> 01:08:11,280 >> A motion, a second. Any further 1638 01:08:11,280 --> 01:08:12,960 discussion? 1639 01:08:12,960 --> 01:08:15,359 We'll be able to amend it at the next 1640 01:08:15,359 --> 01:08:18,080 one if we choose to. Correct. 1641 01:08:18,080 --> 01:08:20,480 >> Yes. 1642 01:08:20,480 --> 01:08:22,640 >> Well, I move to amend the proposed text 1643 01:08:22,640 --> 01:08:25,520 of section 625 to strike the blanket 1644 01:08:25,520 --> 01:08:28,719 prohibition and instead read as follows. 1645 01:08:28,719 --> 01:08:31,040 Section 62-5, 1646 01:08:31,040 --> 01:08:33,359 smoking and vaping restricted near park 1647 01:08:33,359 --> 01:08:35,520 structures. It shall be unlawful for any 1648 01:08:35,520 --> 01:08:37,520 person to smoke or vape tobacco, hemp, 1649 01:08:37,520 --> 01:08:41,040 or THC products within a 25- ft radius 1650 01:08:41,040 --> 01:08:43,279 of any designated park structure, 1651 01:08:43,279 --> 01:08:46,319 playground, pavilion, athletic field, or 1652 01:08:46,319 --> 01:08:48,640 permanent seating area with any city 1653 01:08:48,640 --> 01:08:51,520 within any city park except as provided 1654 01:08:51,520 --> 01:08:54,400 herein. Smoking and vaping are permitted 1655 01:08:54,400 --> 01:08:58,880 on open park grounds and trails. 1656 01:08:58,880 --> 01:09:00,159 >> Second. 1657 01:09:00,159 --> 01:09:01,839 >> We have a motion and a second on the 1658 01:09:01,839 --> 01:09:06,400 amendment. any discussion? 1659 01:09:06,400 --> 01:09:09,359 >> I just think it's a better balance of 1660 01:09:09,359 --> 01:09:12,239 governance instead of, you know, more 1661 01:09:12,239 --> 01:09:14,880 rules that most likely are not going to 1662 01:09:14,880 --> 01:09:17,440 create a complaint anyway if somebody's 1663 01:09:17,440 --> 01:09:21,679 out in an open park. But it does address 1664 01:09:21,679 --> 01:09:24,560 where it would be a nuisance and where 1665 01:09:24,560 --> 01:09:29,600 um the ordinance makes sense to me. So, 1666 01:09:29,600 --> 01:09:33,199 >> I feel like it would make more sense as 1667 01:09:33,199 --> 01:09:36,799 a citizen to be able to say, "Could you 1668 01:09:36,799 --> 01:09:39,120 please move to a public rideway instead 1669 01:09:39,120 --> 01:09:42,719 of having to 1670 01:09:42,719 --> 01:09:46,400 figure out what 25 ft is from this park 1671 01:09:46,400 --> 01:09:50,080 bench versus that park bench?" 1672 01:09:50,080 --> 01:09:53,600 So I I feel like that opens up more 1673 01:09:53,600 --> 01:09:56,800 negative citizen interactions with each 1674 01:09:56,800 --> 01:10:01,669 other to then 1675 01:10:01,679 --> 01:10:03,920 have other people come in and make 1676 01:10:03,920 --> 01:10:06,159 additional complaints when it could just 1677 01:10:06,159 --> 01:10:08,800 be as simple as move to the public right 1678 01:10:08,800 --> 01:10:11,440 away. I think that's something that we 1679 01:10:11,440 --> 01:10:14,400 have in our bars. We used to be able to 1680 01:10:14,400 --> 01:10:16,239 smoke in bars. We can't smoke in bars. 1681 01:10:16,239 --> 01:10:18,640 It moved to the public right away. It 1682 01:10:18,640 --> 01:10:21,199 matches then to keep people going to 1683 01:10:21,199 --> 01:10:23,520 where they are familiar with knowing 1684 01:10:23,520 --> 01:10:26,640 that they have to go outside of a bar or 1685 01:10:26,640 --> 01:10:29,440 outside of a park. Now, 1686 01:10:29,440 --> 01:10:31,760 >> I think the big exception though is the 1687 01:10:31,760 --> 01:10:34,080 outdoor spaces that aren't any part of 1688 01:10:34,080 --> 01:10:36,480 those facilities. You know, you're on a 1689 01:10:36,480 --> 01:10:38,400 trail, 1690 01:10:38,400 --> 01:10:39,760 you're going to leave the trail, you're 1691 01:10:39,760 --> 01:10:40,960 going to go back to your car. You know 1692 01:10:40,960 --> 01:10:43,360 what I mean? You're I just think it's 1693 01:10:43,360 --> 01:10:48,560 too much limitation. and we have um 1694 01:10:48,560 --> 01:10:50,800 the ability to choose to damage our 1695 01:10:50,800 --> 01:10:52,960 bodies if we want to. You know, it's not 1696 01:10:52,960 --> 01:10:56,080 a great idea, but it doesn't make it the 1697 01:10:56,080 --> 01:10:58,080 government's responsibility 1698 01:10:58,080 --> 01:11:00,480 to ensure you're making that choice. if 1699 01:11:00,480 --> 01:11:02,960 it would be helpful uh similar to the 1700 01:11:02,960 --> 01:11:05,520 map that was provided. Um, I mean that's 1701 01:11:05,520 --> 01:11:07,360 always something that I put together 1702 01:11:07,360 --> 01:11:09,920 with uh various park locations and 1703 01:11:09,920 --> 01:11:12,320 showing you what that could look like. 1704 01:11:12,320 --> 01:11:12,800 >> Um, 1705 01:11:12,800 --> 01:11:15,120 >> with the 25 foot radius, 1706 01:11:15,120 --> 01:11:17,120 >> various radiuses, I guess, but 1707 01:11:17,120 --> 01:11:18,080 >> a lot of structures. 1708 01:11:18,080 --> 01:11:20,000 >> That's a lot of Sorry, 1709 01:11:20,000 --> 01:11:22,239 >> a lot of structures to put on a map. a 1710 01:11:22,239 --> 01:11:25,600 an an example of how that may or may not 1711 01:11:25,600 --> 01:11:31,440 truly show you what you're trying to uh 1712 01:11:31,440 --> 01:11:33,199 what you're trying to or the amendment 1713 01:11:33,199 --> 01:11:37,199 that you're proposing because um again 1714 01:11:37,199 --> 01:11:41,600 that that debate that we had with uh you 1715 01:11:41,600 --> 01:11:45,360 know what is 25 ft what's 50 feet um 1716 01:11:45,360 --> 01:11:46,719 >> people have been able to figure it out 1717 01:11:46,719 --> 01:11:49,520 for a long time because prior to like 1718 01:11:49,520 --> 01:11:51,520 the hospital used to be 25 ft per 1719 01:11:51,520 --> 01:11:54,400 entrances. That was the first 1720 01:11:54,400 --> 01:11:58,080 that was the very first um 1721 01:11:58,080 --> 01:12:00,400 rule that I remember about, you know, 1722 01:12:00,400 --> 01:12:01,840 you couldn't be on either side of an 1723 01:12:01,840 --> 01:12:03,920 entrance and you had to be 25 ft away. 1724 01:12:03,920 --> 01:12:08,159 And we people figured it out. So, and if 1725 01:12:08,159 --> 01:12:11,840 this is complaint based, we'll know 1726 01:12:11,840 --> 01:12:13,679 pretty quickly. 1727 01:12:13,679 --> 01:12:15,679 >> And I agree with that. I I I truly 1728 01:12:15,679 --> 01:12:19,040 believe that if it's a 25 ft rule, 1729 01:12:19,040 --> 01:12:20,640 nobody's out there with a tape measure 1730 01:12:20,640 --> 01:12:22,719 going, you're only 22 feet away, but 1731 01:12:22,719 --> 01:12:24,400 you've moved away from the crowd or 1732 01:12:24,400 --> 01:12:26,480 moved away from the people and it's 1733 01:12:26,480 --> 01:12:29,920 outside. I don't see a problem. Yeah, 1734 01:12:29,920 --> 01:12:35,600 >> I agree with council member Price's uh 1735 01:12:35,600 --> 01:12:39,199 point about uh creating confusion and 1736 01:12:39,199 --> 01:12:42,880 arguments and disagreements over where 1737 01:12:42,880 --> 01:12:45,520 you've stepped over the line of 25 ft 1738 01:12:45,520 --> 01:12:49,669 that's not clearly marked. 1739 01:12:49,679 --> 01:12:53,360 » And I I hesitate to think that people 1740 01:12:53,360 --> 01:12:57,199 are out on the biking trail to go smoke. 1741 01:12:57,199 --> 01:12:59,840 there's plenty of public sidewalks 1742 01:12:59,840 --> 01:13:01,840 rightway areas that they can smoke 1743 01:13:01,840 --> 01:13:04,159 before and after they get to the bike 1744 01:13:04,159 --> 01:13:07,840 trail or any other trail. So, like I 1745 01:13:07,840 --> 01:13:11,360 just I don't understand 1746 01:13:11,360 --> 01:13:16,239 why like are we going to say that it's 1747 01:13:16,239 --> 01:13:18,640 any structure? Like if I'm standing by 1748 01:13:18,640 --> 01:13:21,120 something that's a geocache where kids 1749 01:13:21,120 --> 01:13:23,920 are coming up to do the geocache and to 1750 01:13:23,920 --> 01:13:26,880 play, is that now a structure? Like what 1751 01:13:26,880 --> 01:13:28,480 counts as a structure? Is it a park 1752 01:13:28,480 --> 01:13:31,360 bench? Does that count as a structure? 1753 01:13:31,360 --> 01:13:35,110 So, I just 1754 01:13:35,120 --> 01:13:39,120 I know we can choose to harm our bodies 1755 01:13:39,120 --> 01:13:42,719 and that is somebody's own choice, but 1756 01:13:42,719 --> 01:13:44,880 it's not something that we should 1757 01:13:44,880 --> 01:13:47,120 subject kids to. If they're playing a 1758 01:13:47,120 --> 01:13:50,000 game of tag in a field that's away from 1759 01:13:50,000 --> 01:13:52,640 an athletic field, they shouldn't then 1760 01:13:52,640 --> 01:13:54,239 have to be running through somebody 1761 01:13:54,239 --> 01:13:57,360 else's smoke just because we can't say 1762 01:13:57,360 --> 01:14:01,510 move over to the sidewalk. 1763 01:14:01,520 --> 01:14:03,440 I'm not saying I'm going to condone any 1764 01:14:03,440 --> 01:14:06,000 of this, but the idea of, you know, if 1765 01:14:06,000 --> 01:14:10,400 we enact the full park ban stuff, um, 1766 01:14:10,400 --> 01:14:12,640 again, back to my comment earlier with, 1767 01:14:12,640 --> 01:14:14,800 you know, if patrol officer sees 1768 01:14:14,800 --> 01:14:16,960 somebody out in the middle of, we'll 1769 01:14:16,960 --> 01:14:19,840 just say, Rock River Park, um, walking 1770 01:14:19,840 --> 01:14:22,400 or something, you know, out by yourself, 1771 01:14:22,400 --> 01:14:23,920 I don't think they're going to stop and 1772 01:14:23,920 --> 01:14:25,920 harass them, say, hey, you know, no 1773 01:14:25,920 --> 01:14:29,199 smoking hurt. I think this is more of a 1774 01:14:29,199 --> 01:14:31,920 when there's a big gathering, you know, 1775 01:14:31,920 --> 01:14:33,760 this kind of there's a group of people 1776 01:14:33,760 --> 01:14:36,159 moving around, it kind of keeps people 1777 01:14:36,159 --> 01:14:37,679 from smoking right in the middle of the 1778 01:14:37,679 --> 01:14:40,800 group or vaping or anything. 1779 01:14:40,800 --> 01:14:42,719 So, 1780 01:14:42,719 --> 01:14:45,440 >> I think of at Jones Park, there are 1781 01:14:45,440 --> 01:14:49,360 often the middle school 1782 01:14:49,360 --> 01:14:52,080 um cross country meets. So this would 1783 01:14:52,080 --> 01:14:55,360 prevent all those people from having to 1784 01:14:55,360 --> 01:14:58,000 run through the cross country meet 1785 01:14:58,000 --> 01:15:02,080 smoking and like I just I don't 1786 01:15:02,080 --> 01:15:04,800 that is a way to help make the parks 1787 01:15:04,800 --> 01:15:07,520 better for everybody and give clear 1788 01:15:07,520 --> 01:15:10,159 direction to people who do still want to 1789 01:15:10,159 --> 01:15:15,430 be able to partake in those items. 1790 01:15:15,440 --> 01:15:17,440 if it helps to I mean there are several 1791 01:15:17,440 --> 01:15:19,520 other communities that have current 1792 01:15:19,520 --> 01:15:23,040 currently have this in place. Um Manona, 1793 01:15:23,040 --> 01:15:26,640 Barabou, uh Verona, Wisconsin Dells. Um 1794 01:15:26,640 --> 01:15:29,600 I mean those are just a handful that are 1795 01:15:29,600 --> 01:15:31,840 I would say pretty comparable in size to 1796 01:15:31,840 --> 01:15:34,080 a certain degree. 1797 01:15:34,080 --> 01:15:35,840 Well, Nathan, I'm on board with the idea 1798 01:15:35,840 --> 01:15:37,679 of not in the middle of a crowd, not not 1799 01:15:37,679 --> 01:15:40,800 in a building, not but I already see the 1800 01:15:40,800 --> 01:15:44,000 whole the whole world as I see it where 1801 01:15:44,000 --> 01:15:45,760 you can't smoke, you can't vape in a 1802 01:15:45,760 --> 01:15:48,000 bar. I see a lot of people that need to 1803 01:15:48,000 --> 01:15:51,040 have their nicotine and go outside. 1804 01:15:51,040 --> 01:15:52,480 They're not and they don't argue about 1805 01:15:52,480 --> 01:15:54,159 it. I don't think that that this would 1806 01:15:54,159 --> 01:15:56,719 be a lot different. You wouldn't strike 1807 01:15:56,719 --> 01:15:59,520 up a million arguments. You'd get to a 1808 01:15:59,520 --> 01:16:00,880 point where you'd be going, you know 1809 01:16:00,880 --> 01:16:02,239 what the law is. You've been there. 1810 01:16:02,239 --> 01:16:03,840 You can't do it in 1811 01:16:03,840 --> 01:16:05,440 the bar and you can't do it here either. 1812 01:16:05,440 --> 01:16:07,920 You got to go away over there to do it 1813 01:16:07,920 --> 01:16:12,870 and I' I'd rather see it that way. 1814 01:16:12,880 --> 01:16:14,880 » With that, we're just circling back and 1815 01:16:14,880 --> 01:16:17,280 chasing our tail. So, I will call the 1816 01:16:17,280 --> 01:16:19,600 question on the motion to amend the 1817 01:16:19,600 --> 01:16:23,120 amendment or ordinance uh that council 1818 01:16:23,120 --> 01:16:25,600 member Puck Huckabe has proposed. So, 1819 01:16:25,600 --> 01:16:27,280 all in favor of the amendment, please 1820 01:16:27,280 --> 01:16:28,080 say I. 1821 01:16:28,080 --> 01:16:28,800 >> I. 1822 01:16:28,800 --> 01:16:31,199 >> Any opposed? Nay. 1823 01:16:31,199 --> 01:16:34,880 >> Motion uh fails. Sorry. 1824 01:16:34,880 --> 01:16:36,880 So then we are back to the 1825 01:16:36,880 --> 01:16:38,400 >> Was the motion carried or not? 1826 01:16:38,400 --> 01:16:41,280 >> No. Motion fails. 1827 01:16:41,280 --> 01:16:43,520 >> So we are back to the original motion to 1828 01:16:43,520 --> 01:16:44,960 perform the first reading of the 1829 01:16:44,960 --> 01:16:47,280 ordinance to direct city manager prepare 1830 01:16:47,280 --> 01:16:50,000 the ordinance for a second reading on 1831 01:16:50,000 --> 01:16:53,440 September 1st. Uh with that all in favor 1832 01:16:53,440 --> 01:16:55,520 of the motion, please signify by saying 1833 01:16:55,520 --> 01:16:57,280 I. I. 1834 01:16:57,280 --> 01:17:01,440 >> Any opposed? Name. Motion carries. 1835 01:17:01,440 --> 01:17:04,239 >> Thank you. 1836 01:17:04,239 --> 01:17:06,880 >> All right. Item 8 C, a second reading of 1837 01:17:06,880 --> 01:17:10,719 an ordinance creating sections 94-245 1838 01:17:10,719 --> 01:17:12,960 through 94-248 1839 01:17:12,960 --> 01:17:15,040 of the city of Fort Atinson code of 1840 01:17:15,040 --> 01:17:17,280 ordinances relating to offhighway 1841 01:17:17,280 --> 01:17:20,159 motorcycles. Uh, please Captain Hefty. 1842 01:17:20,159 --> 01:17:21,679 >> Hey, thanks for hearing me. 1843 01:17:21,679 --> 01:17:26,320 >> So July 21st, this um OM ordinance uh 1844 01:17:26,320 --> 01:17:27,679 got through the ordinance committee. The 1845 01:17:27,679 --> 01:17:29,040 first reading was August 4th. This is 1846 01:17:29,040 --> 01:17:30,560 the second reading. So, I'll just 1847 01:17:30,560 --> 01:17:32,159 refresh your guys' memories a little 1848 01:17:32,159 --> 01:17:34,880 bit. That OM are defined by Wisconsin 1849 01:17:34,880 --> 01:17:36,800 state statutes as offhighway 1850 01:17:36,800 --> 01:17:38,640 motorcycles, which means a two- wheeled 1851 01:17:38,640 --> 01:17:40,640 motor vehicle that is straddled by the 1852 01:17:40,640 --> 01:17:42,800 operator, equipped with handlebars, and 1853 01:17:42,800 --> 01:17:45,040 is designed for use off of a highway 1854 01:17:45,040 --> 01:17:46,719 regardless of whether it's also designed 1855 01:17:46,719 --> 01:17:48,960 for use on a highway. An offhighway 1856 01:17:48,960 --> 01:17:51,520 motorcycle does not include an electric 1857 01:17:51,520 --> 01:17:53,760 bicycle. So, nothing to do with ebikes. 1858 01:17:53,760 --> 01:17:55,280 Okay. 1859 01:17:55,280 --> 01:17:58,480 So, um, since the first reading, we at 1860 01:17:58,480 --> 01:17:59,920 the police department have not received 1861 01:17:59,920 --> 01:18:02,480 any negative feedback to the contrary. 1862 01:18:02,480 --> 01:18:05,760 We actually had an email from a citizen 1863 01:18:05,760 --> 01:18:08,719 in favor of it just um kind of giving 1864 01:18:08,719 --> 01:18:11,760 his his experiences in different parts 1865 01:18:11,760 --> 01:18:15,840 of the city with eB or with OM's uh 1866 01:18:15,840 --> 01:18:18,719 vehicles that are electric in general. 1867 01:18:18,719 --> 01:18:21,120 So, um, we haven't had any opposition to 1868 01:18:21,120 --> 01:18:22,719 it. I don't know if any of you have had 1869 01:18:22,719 --> 01:18:25,520 individual emails from anybody, but um 1870 01:18:25,520 --> 01:18:27,120 it's already a state law. We're just 1871 01:18:27,120 --> 01:18:29,040 trying to make it enforceable at the 1872 01:18:29,040 --> 01:18:30,960 local level so we can keep control of it 1873 01:18:30,960 --> 01:18:35,760 here. So um as asked last time, I would 1874 01:18:35,760 --> 01:18:37,760 hope that we could have a second reading 1875 01:18:37,760 --> 01:18:40,159 on August 18th. 1876 01:18:40,159 --> 01:18:41,840 No, I'm sorry, third reading, September 1877 01:18:41,840 --> 01:18:43,520 1st. 1878 01:18:43,520 --> 01:18:44,800 you have any questions that you've 1879 01:18:44,800 --> 01:18:46,640 thought of since the last reading? I'm 1880 01:18:46,640 --> 01:18:48,239 very open. 1881 01:18:48,239 --> 01:18:50,800 >> Just for clarity on the distinction and 1882 01:18:50,800 --> 01:18:54,320 an OM is basically an electric bike, but 1883 01:18:54,320 --> 01:18:56,159 it's so powerful you don't need pedals. 1884 01:18:56,159 --> 01:18:58,080 That makes it a motorcycle. Correct. 1885 01:18:58,080 --> 01:18:59,679 >> Yeah. An electric motorcycle for lack of 1886 01:18:59,679 --> 01:19:02,719 a better term. 1887 01:19:02,719 --> 01:19:04,480 >> Been trying to educate myself on these 1888 01:19:04,480 --> 01:19:05,840 things as I see them on the street 1889 01:19:05,840 --> 01:19:07,120 because there are quite a few of them 1890 01:19:07,120 --> 01:19:08,800 out there. And the one of the 1891 01:19:08,800 --> 01:19:10,400 distinctions, if I have this right, is 1892 01:19:10,400 --> 01:19:12,159 the OM 1893 01:19:12,159 --> 01:19:14,080 are not something you can pedal. 1894 01:19:14,080 --> 01:19:14,400 >> Correct. 1895 01:19:14,400 --> 01:19:15,920 >> So if someone's pedaling something and 1896 01:19:15,920 --> 01:19:18,480 it looks like it's got some speed behind 1897 01:19:18,480 --> 01:19:20,560 it, it is an ebike. 1898 01:19:20,560 --> 01:19:22,320 >> Correct. 1899 01:19:22,320 --> 01:19:24,400 Well, there there people could rig it to 1900 01:19:24,400 --> 01:19:26,159 have put pedals on it, but it wouldn't 1901 01:19:26,159 --> 01:19:28,080 come I don't believe it would come from 1902 01:19:28,080 --> 01:19:30,640 a manufacturer that way than it would be 1903 01:19:30,640 --> 01:19:34,080 an ebike. So if someone were to um 1904 01:19:34,080 --> 01:19:37,679 modify an ebike and make it more like an 1905 01:19:37,679 --> 01:19:39,840 OM but also maintain some of the ebike 1906 01:19:39,840 --> 01:19:41,840 qualities that would still be illegal 1907 01:19:41,840 --> 01:19:44,480 for use on the roads. 1908 01:19:44,480 --> 01:19:47,120 >> Anything that lies outside of the three 1909 01:19:47,120 --> 01:19:49,600 classes that defines an ebike is not an 1910 01:19:49,600 --> 01:19:52,159 ebike. It would be an OM or it would be 1911 01:19:52,159 --> 01:19:56,159 a different type of bike. Um, so there 1912 01:19:56,159 --> 01:19:58,800 could be an e a bicycle that has ple 1913 01:19:58,800 --> 01:20:02,080 pedals that has a very powerful motor 1914 01:20:02,080 --> 01:20:05,360 that is beyond the definition and goes 1915 01:20:05,360 --> 01:20:07,360 50 miles an hour if it still has pedals 1916 01:20:07,360 --> 01:20:10,080 on it. That would not be an ebike, but 1917 01:20:10,080 --> 01:20:12,000 that would more be defined as an 1918 01:20:12,000 --> 01:20:14,480 offhighway motorcycle. And also don't 1919 01:20:14,480 --> 01:20:18,719 lose fat. Don't lose uh focus on a OM is 1920 01:20:18,719 --> 01:20:21,920 also a motocross bike that has a gas 1921 01:20:21,920 --> 01:20:24,880 engine um or a mini bike that has a gas 1922 01:20:24,880 --> 01:20:28,239 engine. So, it's those and electric e- 1923 01:20:28,239 --> 01:20:30,480 moto bikes as well. So, it it 1924 01:20:30,480 --> 01:20:32,080 encompasses everything. 1925 01:20:32,080 --> 01:20:33,600 >> Thank you for clarifying that. 1926 01:20:33,600 --> 01:20:34,960 >> Yeah. 1927 01:20:34,960 --> 01:20:36,880 >> And this would make those things illegal 1928 01:20:36,880 --> 01:20:38,960 in town on the trails or on the streets. 1929 01:20:38,960 --> 01:20:39,360 Correct. 1930 01:20:39,360 --> 01:20:40,960 >> Anywhere in the city except for in 1931 01:20:40,960 --> 01:20:42,480 private property on your own property, 1932 01:20:42,480 --> 01:20:44,880 you could operate them. Well, they 1933 01:20:44,880 --> 01:20:46,800 already would be illegal. It's just now 1934 01:20:46,800 --> 01:20:49,040 we were looking now in place 1935 01:20:49,040 --> 01:20:51,679 >> locally through an ordinance and in our 1936 01:20:51,679 --> 01:20:54,320 court and our judge in our decisions as 1937 01:20:54,320 --> 01:20:56,640 opposed to a criminal traffic citation. 1938 01:20:56,640 --> 01:20:58,400 >> We've just given ourselves the ability 1939 01:20:58,400 --> 01:20:59,840 to enforce it better. 1940 01:20:59,840 --> 01:21:02,400 >> Yep. A lot more tools for us to be able 1941 01:21:02,400 --> 01:21:04,159 to deal with it how we how we would 1942 01:21:04,159 --> 01:21:06,080 like. 1943 01:21:06,080 --> 01:21:07,760 >> I move to perform the second reading of 1944 01:21:07,760 --> 01:21:08,960 the ordinance and direct the city 1945 01:21:08,960 --> 01:21:10,400 manager to prepare the ordinance for a 1946 01:21:10,400 --> 01:21:11,760 third and final reading on September 1947 01:21:11,760 --> 01:21:12,640 1st. 1948 01:21:12,640 --> 01:21:14,960 >> Second. We have a motion and a second. 1949 01:21:14,960 --> 01:21:17,520 Any further discussion? 1950 01:21:17,520 --> 01:21:19,520 As you've said, you know, noticing 1951 01:21:19,520 --> 01:21:21,840 around driving around through town, you 1952 01:21:21,840 --> 01:21:24,480 do notice and as our one constituent had 1953 01:21:24,480 --> 01:21:27,120 brought up there, I've noticed it a lot. 1954 01:21:27,120 --> 01:21:30,239 Um, younger kids, you know, 10, 12 years 1955 01:21:30,239 --> 01:21:33,840 old riding tandem on a little dune buggy 1956 01:21:33,840 --> 01:21:35,600 bike or whatever, similar to what you're 1957 01:21:35,600 --> 01:21:38,640 proposing here. It just up and down the 1958 01:21:38,640 --> 01:21:40,239 sidewalks and darting right out in front 1959 01:21:40,239 --> 01:21:41,120 of traffic. So, 1960 01:21:41,120 --> 01:21:43,280 >> yeah, it's dangerous. much rather us, 1961 01:21:43,280 --> 01:21:45,520 you know, be able to take some action to 1962 01:21:45,520 --> 01:21:47,199 help educate these kids and these 1963 01:21:47,199 --> 01:21:50,239 parents that these are not allowable and 1964 01:21:50,239 --> 01:21:51,280 not safe. So, 1965 01:21:51,280 --> 01:21:51,760 >> correct. 1966 01:21:51,760 --> 01:21:54,080 >> I do have, you know, a little electric 1967 01:21:54,080 --> 01:21:56,239 dirt bike for my son who's 8 years old, 1968 01:21:56,239 --> 01:21:58,320 but it stays on our property or it goes 1969 01:21:58,320 --> 01:22:00,560 out to my family's farm where he's 1970 01:22:00,560 --> 01:22:02,159 allowed to ride it there and I know he's 1971 01:22:02,159 --> 01:22:03,920 in controlled space, not going to get 1972 01:22:03,920 --> 01:22:06,560 hit on a road somewhere. So, 1973 01:22:06,560 --> 01:22:08,320 >> and that is, you know, one of them that 1974 01:22:08,320 --> 01:22:13,110 only goes to a top of 11 miles an hour. 1975 01:22:13,120 --> 01:22:15,040 All right, with that we have the motion 1976 01:22:15,040 --> 01:22:16,800 and a second. All in favor, please 1977 01:22:16,800 --> 01:22:18,320 signify by saying I. 1978 01:22:18,320 --> 01:22:18,960 >> I. 1979 01:22:18,960 --> 01:22:20,480 >> Any opposed? 1980 01:22:20,480 --> 01:22:23,040 >> Motion carries. Thank you. 1981 01:22:23,040 --> 01:22:25,520 >> Item 8D, second reading of an ordinance 1982 01:22:25,520 --> 01:22:28,080 to amend several sections of chapter 94 1983 01:22:28,080 --> 01:22:29,840 of the city of Fort Ainson code of 1984 01:22:29,840 --> 01:22:31,840 general ordinances relating to electric 1985 01:22:31,840 --> 01:22:34,320 bikes and scooters. Chief bump again. 1986 01:22:34,320 --> 01:22:36,000 >> Hello everyone. So yeah, we're at the 1987 01:22:36,000 --> 01:22:39,360 second reading of updates to our ebike 1988 01:22:39,360 --> 01:22:42,560 or bicycle ebike ecooter ordinance. Um 1989 01:22:42,560 --> 01:22:44,800 we originally took a look at this 1990 01:22:44,800 --> 01:22:47,679 ordinance because it was last updated in 1991 01:22:47,679 --> 01:22:50,320 2019 and since then the state got a 1992 01:22:50,320 --> 01:22:52,080 little better at defining what ebikes 1993 01:22:52,080 --> 01:22:54,560 are different classes so we have a 1994 01:22:54,560 --> 01:22:56,239 better understanding and I want to make 1995 01:22:56,239 --> 01:22:57,920 sure that our ordinance is up to date 1996 01:22:57,920 --> 01:23:00,719 and aligns with those classifications. 1997 01:23:00,719 --> 01:23:04,639 Uh and also uh we're seeing more 1998 01:23:04,639 --> 01:23:07,760 accidents instances uh related to 1999 01:23:07,760 --> 01:23:11,360 electric bicycles and uh with with 2000 01:23:11,360 --> 01:23:14,159 traffic issues or crashes and injuries. 2001 01:23:14,159 --> 01:23:16,159 So we also looked at what are some other 2002 01:23:16,159 --> 01:23:17,360 things that we don't have in our 2003 01:23:17,360 --> 01:23:19,040 ordinance that a lot of the other cities 2004 01:23:19,040 --> 01:23:21,199 do around us and are we missing 2005 01:23:21,199 --> 01:23:24,719 anything. So, the ordinance proposal is 2006 01:23:24,719 --> 01:23:26,880 the upgrade of the definition of an 2007 01:23:26,880 --> 01:23:29,840 ebike, so it aligns with state uh state 2008 01:23:29,840 --> 01:23:32,159 statute, but also adding in a couple 2009 01:23:32,159 --> 01:23:36,000 other areas that we want to make sure uh 2010 01:23:36,000 --> 01:23:38,960 we work to improve safety like uh double 2011 01:23:38,960 --> 01:23:42,000 riding and trick riding and some of the 2012 01:23:42,000 --> 01:23:43,760 other things that are in the new that 2013 01:23:43,760 --> 01:23:46,320 are redlined in the new ordinance. Um, 2014 01:23:46,320 --> 01:23:48,480 since the last reading, we did have that 2015 01:23:48,480 --> 01:23:52,000 one email from uh from a citizen who was 2016 01:23:52,000 --> 01:23:54,960 frustrated about uh some ebikes and 2017 01:23:54,960 --> 01:23:58,320 e-motos that were um seen in his 2018 01:23:58,320 --> 01:23:59,920 neighborhood and also on the bike path 2019 01:23:59,920 --> 01:24:02,320 and causing dangerous situations. And 2020 01:24:02,320 --> 01:24:03,840 we've had a little bit of feedback of 2021 01:24:03,840 --> 01:24:06,400 some people in the downtown who are also 2022 01:24:06,400 --> 01:24:10,239 in support of uh better restrictions 2023 01:24:10,239 --> 01:24:11,920 um uh just because of dangerous 2024 01:24:11,920 --> 01:24:15,679 situations. So, we've had no no feedback 2025 01:24:15,679 --> 01:24:18,400 that was contrary to the ordinance, but 2026 01:24:18,400 --> 01:24:21,440 supportive to it. Um, and I didn't I 2027 01:24:21,440 --> 01:24:22,560 don't know if any of you have any 2028 01:24:22,560 --> 01:24:24,719 questions, but I um I'm able to answer 2029 01:24:24,719 --> 01:24:27,440 any questions about the ordinance uh on 2030 01:24:27,440 --> 01:24:28,560 the second reading. 2031 01:24:28,560 --> 01:24:31,520 >> Um, the ordinance is mostly pointed at 2032 01:24:31,520 --> 01:24:34,080 the machine, not at age, because I think 2033 01:24:34,080 --> 01:24:35,760 age should be an element that I'm not 2034 01:24:35,760 --> 01:24:39,360 hearing. age is addressed in the 2035 01:24:39,360 --> 01:24:43,040 classifications on uh like 16 or under 2036 01:24:43,040 --> 01:24:46,000 can operate a class one or two but not a 2037 01:24:46,000 --> 01:24:48,800 class three. Uh so age is addressed in 2038 01:24:48,800 --> 01:24:50,480 there. The other nice thing about this 2039 01:24:50,480 --> 01:24:54,880 ordinance is uh uh being able to uh have 2040 01:24:54,880 --> 01:24:58,239 a parental uh being able to address 2041 01:24:58,239 --> 01:25:00,000 these issues with the parent as well if 2042 01:25:00,000 --> 01:25:01,360 they're not helping change that 2043 01:25:01,360 --> 01:25:03,040 behavior. 2044 01:25:03,040 --> 01:25:05,920 The ordinance in no way uh impacts 2045 01:25:05,920 --> 01:25:08,639 anybody's current ability to ride their 2046 01:25:08,639 --> 01:25:11,199 legal ebike in the community. Uh Gene 2047 01:25:11,199 --> 01:25:14,719 Brooks spoke up earlier uh uh and wanted 2048 01:25:14,719 --> 01:25:16,000 to make sure she would still be able to 2049 01:25:16,000 --> 01:25:17,920 ride that. We do not want to infringe on 2050 01:25:17,920 --> 01:25:20,800 that ability at all and no part of this 2051 01:25:20,800 --> 01:25:22,560 ordinance changes anything like that 2052 01:25:22,560 --> 01:25:26,239 that's already legal um beyond that. So 2053 01:25:26,239 --> 01:25:28,719 >> yeah, I'm as I'm getting older and I've 2054 01:25:28,719 --> 01:25:30,320 got friends that are getting older more 2055 01:25:30,320 --> 01:25:32,159 than one talking about how their ebike 2056 01:25:32,159 --> 01:25:33,840 is a wonderful thing when it comes to 2057 01:25:33,840 --> 01:25:35,840 going uphill or whatever they got to do 2058 01:25:35,840 --> 01:25:38,080 to go out and enjoy it. 2059 01:25:38,080 --> 01:25:40,000 >> Yep. I agree. 2060 01:25:40,000 --> 01:25:41,840 >> This ordinance get this ordinance gets 2061 01:25:41,840 --> 01:25:43,920 at the improper riding of those more 2062 01:25:43,920 --> 01:25:44,480 than anything. 2063 01:25:44,480 --> 01:25:46,080 >> Yeah. The danger we want to curb the 2064 01:25:46,080 --> 01:25:48,239 dangerous situations and just have a 2065 01:25:48,239 --> 01:25:50,000 better an ordinance that better aligns 2066 01:25:50,000 --> 01:25:51,920 with uh changes that have occurred over 2067 01:25:51,920 --> 01:25:54,960 the last seven, eight years. 2068 01:25:54,960 --> 01:25:57,040 Does does the future hold an ordinance 2069 01:25:57,040 --> 01:25:58,320 where we're going to talk about 2070 01:25:58,320 --> 01:26:01,040 regulating the uh electric skateboards 2071 01:26:01,040 --> 01:26:02,719 and things like that? 2072 01:26:02,719 --> 01:26:04,639 >> So, we have to do some more research on 2073 01:26:04,639 --> 01:26:07,600 how we can restrict what they call play 2074 01:26:07,600 --> 01:26:10,400 toys and how we define play toys. Um, 2075 01:26:10,400 --> 01:26:12,239 that's one of the areas of concern that 2076 01:26:12,239 --> 01:26:14,400 we have. Um, so that's why it hasn't 2077 01:26:14,400 --> 01:26:16,080 come yet, but it's always something that 2078 01:26:16,080 --> 01:26:18,000 we actually uh talk about at the 2079 01:26:18,000 --> 01:26:22,239 department on um some of those varying 2080 01:26:22,239 --> 01:26:25,280 units and what what exactly are they and 2081 01:26:25,280 --> 01:26:28,159 how are they defined in law uh through 2082 01:26:28,159 --> 01:26:30,960 Wisconsin as well. Um, and it's been 2083 01:26:30,960 --> 01:26:32,480 really difficult because things change 2084 01:26:32,480 --> 01:26:34,400 so fast and there's new things every day 2085 01:26:34,400 --> 01:26:36,239 and how do we keep up with it. 2086 01:26:36,239 --> 01:26:38,159 >> I I hope the future holds something like 2087 01:26:38,159 --> 01:26:40,080 that because there's enough of that out 2088 01:26:40,080 --> 01:26:42,480 there and they're dangerous as an ebike. 2089 01:26:42,480 --> 01:26:43,040 Oh, 2090 01:26:43,040 --> 01:26:45,760 >> I do have Lieutenant Coven Miller. Um, 2091 01:26:45,760 --> 01:26:48,320 he has been assigned research in that 2092 01:26:48,320 --> 01:26:51,600 area. We talk about the uh electric play 2093 01:26:51,600 --> 01:26:53,679 toys. Am I saying that right, Captain? 2094 01:26:53,679 --> 01:26:55,760 Okay. And so that is something in 2095 01:26:55,760 --> 01:26:58,719 process uh because of uh devices like 2096 01:26:58,719 --> 01:27:00,480 you talk about with that are just 2097 01:27:00,480 --> 01:27:02,239 strange oneoffs that you don't see all 2098 01:27:02,239 --> 01:27:04,480 the time but still are worth uh learning 2099 01:27:04,480 --> 01:27:06,560 more about and addressing. 2100 01:27:06,560 --> 01:27:08,320 I would also like to see the police 2101 01:27:08,320 --> 01:27:10,320 department maybe offer an educational 2102 01:27:10,320 --> 01:27:12,880 system where whether they had did it at 2103 01:27:12,880 --> 01:27:14,880 the library or at the school so you 2104 01:27:14,880 --> 01:27:17,360 could educate both child and parent at 2105 01:27:17,360 --> 01:27:20,159 the same location about what and why 2106 01:27:20,159 --> 01:27:22,320 they shouldn't be doing these things. 2107 01:27:22,320 --> 01:27:24,560 >> Uh we tried to do a a safety city with 2108 01:27:24,560 --> 01:27:27,120 our bike safety class every summer in 2109 01:27:27,120 --> 01:27:29,520 summer school. Um this ordinance 2110 01:27:29,520 --> 01:27:31,280 actually will help us be able to do 2111 01:27:31,280 --> 01:27:34,320 something like that. And uh Captain 2112 01:27:34,320 --> 01:27:35,920 Hefty talked about it at the last 2113 01:27:35,920 --> 01:27:39,120 meeting where we want to uh look at 2114 01:27:39,120 --> 01:27:41,040 having some type of agreement with the 2115 01:27:41,040 --> 01:27:42,800 school district where we have like 2116 01:27:42,800 --> 01:27:44,639 contracts that parents and the students 2117 01:27:44,639 --> 01:27:47,920 sign who ride bikes to school uh so they 2118 01:27:47,920 --> 01:27:49,679 understand and know the ordinances and 2119 01:27:49,679 --> 01:27:51,600 the difference between vehicles and 2120 01:27:51,600 --> 01:27:54,000 what's legal and not legal. And we took 2121 01:27:54,000 --> 01:27:56,480 that from uh a program that they're 2122 01:27:56,480 --> 01:27:58,880 doing in Bever Beverly Hills uh 2123 01:27:58,880 --> 01:28:00,400 California school district that we 2124 01:28:00,400 --> 01:28:02,560 thought was pretty neat. So after these 2125 01:28:02,560 --> 01:28:04,000 ordinances are passed, that's kind of 2126 01:28:04,000 --> 01:28:05,520 our next thing because our goal is 2127 01:28:05,520 --> 01:28:07,360 always education 2128 01:28:07,360 --> 01:28:09,760 um as a strong means of enforcement. 2129 01:28:09,760 --> 01:28:12,080 >> And it's it's kind of it would be kind 2130 01:28:12,080 --> 01:28:14,159 of nice to have like hunter safety only 2131 01:28:14,159 --> 01:28:16,080 for bikes and you had to have a 2132 01:28:16,080 --> 01:28:18,400 certification to be able to ride at the 2133 01:28:18,400 --> 01:28:20,239 school like that would be nice. 2134 01:28:20,239 --> 01:28:22,639 >> Yep. In process. I don't know how quick 2135 01:28:22,639 --> 01:28:24,000 it's going to come, but we are looking 2136 01:28:24,000 --> 01:28:25,360 into that. 2137 01:28:25,360 --> 01:28:27,679 >> I look forward to that. 2138 01:28:27,679 --> 01:28:29,600 I move to perform the second reading of 2139 01:28:29,600 --> 01:28:30,960 the ordinance and direct the city 2140 01:28:30,960 --> 01:28:32,800 manager to prepare the ordinance for a 2141 01:28:32,800 --> 01:28:34,639 third and final reading on September 2142 01:28:34,639 --> 01:28:35,280 1st. 2143 01:28:35,280 --> 01:28:36,080 >> Second. 2144 01:28:36,080 --> 01:28:37,760 >> We have a motion and a second. Any 2145 01:28:37,760 --> 01:28:39,920 further discussion? 2146 01:28:39,920 --> 01:28:43,990 >> Just happy to see it coming. 2147 01:28:44,000 --> 01:28:45,840 Right. All those in favor, please 2148 01:28:45,840 --> 01:28:47,440 signify by saying I. 2149 01:28:47,440 --> 01:28:49,520 >> I. Any opposed? 2150 01:28:49,520 --> 01:28:52,239 >> Motion carries. Thank you, Chief. 2151 01:28:52,239 --> 01:28:55,920 >> All right. Item 8E is a second reading 2152 01:28:55,920 --> 01:28:57,600 of an ordinance to amend the city of 2153 01:28:57,600 --> 01:28:59,600 Fort Ainson zoning map to change the 2154 01:28:59,600 --> 01:29:02,080 zoning of the property located at 1911 2155 01:29:02,080 --> 01:29:04,000 Jainsville Avenue from rural holdings 2156 01:29:04,000 --> 01:29:05,920 RH35 2157 01:29:05,920 --> 01:29:09,120 to multifamily residential MRH30 2158 01:29:09,120 --> 01:29:10,480 director of neighborhood and building 2159 01:29:10,480 --> 01:29:11,840 services Drager. 2160 01:29:11,840 --> 01:29:14,800 >> Yes, thank you. Uh I do want to make 2161 01:29:14,800 --> 01:29:16,719 everyone aware that all public notices 2162 01:29:16,719 --> 01:29:19,199 were sent out per state statute. Uh 2163 01:29:19,199 --> 01:29:20,960 there was also a public hearing on this 2164 01:29:20,960 --> 01:29:23,280 zoning map amendment on July 28th where 2165 01:29:23,280 --> 01:29:24,560 the plan commission did recommend 2166 01:29:24,560 --> 01:29:26,639 approval by the city council and city 2167 01:29:26,639 --> 01:29:27,920 council did hold the first reading on 2168 01:29:27,920 --> 01:29:30,400 August 4th. I will also make you aware 2169 01:29:30,400 --> 01:29:32,159 the city or plan commission also 2170 01:29:32,159 --> 01:29:34,880 approved a uh conditional use permit for 2171 01:29:34,880 --> 01:29:37,440 the first phase of this project and that 2172 01:29:37,440 --> 01:29:39,199 any future development of this site 2173 01:29:39,199 --> 01:29:41,040 would still require a certified survey 2174 01:29:41,040 --> 01:29:44,239 map and a site plan review approval uh 2175 01:29:44,239 --> 01:29:46,080 before it could move forward. And that's 2176 01:29:46,080 --> 01:29:49,679 just addressing some um known uh 2177 01:29:49,679 --> 01:29:52,080 commentary on an existing easement on 2178 01:29:52,080 --> 01:29:54,239 the property uh that would have to be 2179 01:29:54,239 --> 01:29:55,920 approved through a certified survey map 2180 01:29:55,920 --> 01:29:58,080 with approval of everybody involved on 2181 01:29:58,080 --> 01:30:00,719 that piece of land. So this is just the 2182 01:30:00,719 --> 01:30:02,800 zoning aspect of the pro of this 2183 01:30:02,800 --> 01:30:05,360 approval process uh changing it from a 2184 01:30:05,360 --> 01:30:08,320 rural holding uh zoning uh which is just 2185 01:30:08,320 --> 01:30:10,880 that is a holding and meant for uh 2186 01:30:10,880 --> 01:30:14,000 future development uh to MRH30 which is 2187 01:30:14,000 --> 01:30:17,120 our highest density multifamily uh 2188 01:30:17,120 --> 01:30:19,040 zoning and I do also want to point out 2189 01:30:19,040 --> 01:30:20,880 that the future land use map on the comp 2190 01:30:20,880 --> 01:30:23,199 in the comp plan uh does have this as 2191 01:30:23,199 --> 01:30:24,560 planned mixed use and this is an 2192 01:30:24,560 --> 01:30:26,960 appropriate zoning for that. Uh there's 2193 01:30:26,960 --> 01:30:29,280 a two this a two-phase uh development. 2194 01:30:29,280 --> 01:30:30,800 As I said, the conditional use permit 2195 01:30:30,800 --> 01:30:34,960 was just for the first phase. Uh and uh 2196 01:30:34,960 --> 01:30:37,040 there is no financial impact to this 2197 01:30:37,040 --> 01:30:39,199 other than it does help uh further move 2198 01:30:39,199 --> 01:30:41,440 along a potential development uh for the 2199 01:30:41,440 --> 01:30:43,360 city of Fortinson and that staff does 2200 01:30:43,360 --> 01:30:44,960 recommend the city council hold the 2201 01:30:44,960 --> 01:30:46,320 second reading and direct the city 2202 01:30:46,320 --> 01:30:48,000 manager to prepare the ordinance for the 2203 01:30:48,000 --> 01:30:49,840 third and final reading on September 2204 01:30:49,840 --> 01:30:53,189 1st. 2205 01:30:53,199 --> 01:30:55,120 I move to perform the second reading of 2206 01:30:55,120 --> 01:30:56,480 the ordinance and direct the city 2207 01:30:56,480 --> 01:30:58,560 manager to prepare the ordinance for a 2208 01:30:58,560 --> 01:31:00,480 third and final reading on September 2209 01:31:00,480 --> 01:31:01,280 1st. 2210 01:31:01,280 --> 01:31:02,320 >> Second. 2211 01:31:02,320 --> 01:31:03,920 >> We have a motion and a second. Any 2212 01:31:03,920 --> 01:31:08,070 further discussion? 2213 01:31:08,080 --> 01:31:10,719 Again, we you discussed this that this 2214 01:31:10,719 --> 01:31:13,520 is in the comprehensive plan is plan 2215 01:31:13,520 --> 01:31:15,760 mixed use. What all could have been in 2216 01:31:15,760 --> 01:31:17,600 that district? Correct. 2217 01:31:17,600 --> 01:31:20,400 >> Yeah, plan mixed use has a wide variety. 2218 01:31:20,400 --> 01:31:22,800 Um so that's a mix of commercial, multif 2219 01:31:22,800 --> 01:31:25,360 family, residential or mixed use. Uh but 2220 01:31:25,360 --> 01:31:27,199 this is an appropriate use. U multif 2221 01:31:27,199 --> 01:31:32,629 family would be in that plan. Mixed use. 2222 01:31:32,639 --> 01:31:35,440 Any further discussion? 2223 01:31:35,440 --> 01:31:37,360 Seeing none, all those in favor, please 2224 01:31:37,360 --> 01:31:38,960 signify by saying I. 2225 01:31:38,960 --> 01:31:39,600 >> I. 2226 01:31:39,600 --> 01:31:41,440 >> Any opposed? 2227 01:31:41,440 --> 01:31:42,320 >> Motion carries. 2228 01:31:42,320 --> 01:31:45,040 >> Thank you. Thank you. 2229 01:31:45,040 --> 01:31:47,920 Item 8F is review and possible action 2230 01:31:47,920 --> 01:31:50,000 relating to a resolution adopting the 2231 01:31:50,000 --> 01:31:52,000 project plan and boundaries for tax 2232 01:31:52,000 --> 01:31:54,639 increment district TID number 12 in the 2233 01:31:54,639 --> 01:31:56,480 city of Fort Ainson Jefferson County. 2234 01:31:56,480 --> 01:31:58,560 Manager Houseman. 2235 01:31:58,560 --> 01:32:01,199 >> Thank you. Uh if it's okay with the uh 2236 01:32:01,199 --> 01:32:03,199 council, I will present uh the 2237 01:32:03,199 --> 01:32:06,480 information for the next two uh items 2238 01:32:06,480 --> 01:32:08,320 together here. Uh though we are 2239 01:32:08,320 --> 01:32:15,199 requesting separate action uh for for both items. So uh the first uh the 2240 01:32:15,199 --> 01:32:18,000 first item is TID number 12 that is 2241 01:32:18,000 --> 01:32:20,800 being proposed. Uh the project plan is 2242 01:32:20,800 --> 01:32:23,520 in the council packet. It's also on the 2243 01:32:23,520 --> 01:32:26,880 uh website and in my office for review. 2244 01:32:26,880 --> 01:32:29,840 Uh taxing jurisdictions were notified of 2245 01:32:29,840 --> 01:32:33,440 the potential creation of TID 12 uh back 2246 01:32:33,440 --> 01:32:36,320 in July as well as all property owners 2247 01:32:36,320 --> 01:32:38,000 as this is proposed as a blight 2248 01:32:38,000 --> 01:32:40,480 elimination TID. There was a class 2 2249 01:32:40,480 --> 01:32:42,800 notice in the newspaper in July and the 2250 01:32:42,800 --> 01:32:44,639 joint review board held their initial 2251 01:32:44,639 --> 01:32:47,040 meeting on July 27th to review this 2252 01:32:47,040 --> 01:32:48,960 proposed project plan. The plan 2253 01:32:48,960 --> 01:32:50,400 commission held a public hearing at 2254 01:32:50,400 --> 01:32:53,440 their meeting on July 28th and now uh we 2255 01:32:53,440 --> 01:32:55,760 have the city council review uh and 2256 01:32:55,760 --> 01:32:58,800 possible action on a on um a resolution 2257 01:32:58,800 --> 01:33:01,040 tonight. Uh the final step in the 2258 01:33:01,040 --> 01:33:02,960 creation of this TID would be the joint 2259 01:33:02,960 --> 01:33:04,320 review board meeting that's currently 2260 01:33:04,320 --> 01:33:10,870 scheduled for uh um August uh 31st. 2261 01:33:10,880 --> 01:33:12,400 So, as I mentioned, this is a blight 2262 01:33:12,400 --> 01:33:14,400 elimination TID. It does include some of 2263 01:33:14,400 --> 01:33:17,199 the land in the former TID 7 uh that was 2264 01:33:17,199 --> 01:33:19,760 closed earlier this year. Uh it extends 2265 01:33:19,760 --> 01:33:22,480 west. You can see that tail uh along the 2266 01:33:22,480 --> 01:33:24,080 river on the north side of the river uh 2267 01:33:24,080 --> 01:33:26,960 west. Uh and that is to support the um 2268 01:33:26,960 --> 01:33:29,520 city's portion of the highway 106 2269 01:33:29,520 --> 01:33:31,679 project, specifically a potential uh 2270 01:33:31,679 --> 01:33:34,719 bike and ped path. Uh if that if this is 2271 01:33:34,719 --> 01:33:38,080 created in 2026, we would uh allow uh 2272 01:33:38,080 --> 01:33:40,560 expenditures until 2048 with an 2273 01:33:40,560 --> 01:33:45,270 anticipated closure in 203. 2274 01:33:45,280 --> 01:33:48,800 Uh so there are 12.5 just over over 12.5 2275 01:33:48,800 --> 01:33:51,280 million of public improvements uh in the 2276 01:33:51,280 --> 01:33:54,000 project plan. Uh we anticipate about 2277 01:33:54,000 --> 01:33:57,120 27.5 million in additional increment 2278 01:33:57,120 --> 01:33:59,199 anticipated over the life of that TID. 2279 01:33:59,199 --> 01:34:01,920 It includes 109 parcels and the base 2280 01:34:01,920 --> 01:34:04,639 value of those 109 parcels is just over 2281 01:34:04,639 --> 01:34:08,639 $41 million. That uh the property taxes 2282 01:34:08,639 --> 01:34:10,960 based on that existing value will 2283 01:34:10,960 --> 01:34:12,719 continue to go to the taxing 2284 01:34:12,719 --> 01:34:15,840 jurisdictions. Uh this uh TID does pass 2285 01:34:15,840 --> 01:34:17,920 the 12% test which means that not more 2286 01:34:17,920 --> 01:34:20,080 of than 12% of the city's equalized 2287 01:34:20,080 --> 01:34:22,880 value can be within TIDS. Uh and this uh 2288 01:34:22,880 --> 01:34:24,880 blight elimination designation extends 2289 01:34:24,880 --> 01:34:30,870 the life um and the expenditure period. 2290 01:34:30,880 --> 01:34:33,760 This map shows the existing uh land uses 2291 01:34:33,760 --> 01:34:38,390 and conditions 2292 01:34:38,400 --> 01:34:40,719 and this map shows the 1 half mile 2293 01:34:40,719 --> 01:34:43,199 radius. So the possible public 2294 01:34:43,199 --> 01:34:45,360 improvements can be made within 1 half 2295 01:34:45,360 --> 01:34:47,840 mile of the TIDS boundaries within the 2296 01:34:47,840 --> 01:34:51,910 city limits. 2297 01:34:51,920 --> 01:34:55,120 Uh this is a copy of the project uh the 2298 01:34:55,120 --> 01:34:56,800 proposed improvement projects. These are 2299 01:34:56,800 --> 01:34:58,960 the public improvements uh that would 2300 01:34:58,960 --> 01:35:02,000 anticipate uh that we would anticipate 2301 01:35:02,000 --> 01:35:04,080 being able to finance through the TID uh 2302 01:35:04,080 --> 01:35:07,120 if the growth is there. Uh which include 2303 01:35:07,120 --> 01:35:08,880 I won't I won't read them to you but 2304 01:35:08,880 --> 01:35:12,800 they're um uh 14 uh projects more like 2305 01:35:12,800 --> 01:35:15,440 10 projects and then some flexibility as 2306 01:35:15,440 --> 01:35:16,880 far as providing direct development 2307 01:35:16,880 --> 01:35:18,960 assistance, land purchases, financing 2308 01:35:18,960 --> 01:35:20,960 and interest and administrative and 2309 01:35:20,960 --> 01:35:27,030 organization fees. 2310 01:35:27,040 --> 01:35:29,360 Uh okay, I'll move on to TID 13 and then 2311 01:35:29,360 --> 01:35:31,440 I can certainly uh answer questions uh 2312 01:35:31,440 --> 01:35:35,280 at the end of this TID 13. Uh again, the 2313 01:35:35,280 --> 01:35:38,080 project plan is in the uh in the packet 2314 01:35:38,080 --> 01:35:40,320 and on the city's website and uh in my 2315 01:35:40,320 --> 01:35:43,040 office. Uh again, we followed the same 2316 01:35:43,040 --> 01:35:44,639 noticing requirements. Those are 2317 01:35:44,639 --> 01:35:47,360 statutory uh noticing requirements and 2318 01:35:47,360 --> 01:35:49,440 we did complete all of those things. The 2319 01:35:49,440 --> 01:35:51,280 plan commission held the public hearing 2320 01:35:51,280 --> 01:35:55,360 uh on 7:28. Uh and the final uh if the 2321 01:35:55,360 --> 01:35:57,600 council does approve the TID creation 2322 01:35:57,600 --> 01:35:59,280 tonight, the joint review board would 2323 01:35:59,280 --> 01:36:03,910 hold its final meeting on the 31st. 2324 01:36:03,920 --> 01:36:05,600 Again, it's a blade elimination TID. 2325 01:36:05,600 --> 01:36:07,600 It's on the south side of the river in 2326 01:36:07,600 --> 01:36:09,760 the city's downtown. It includes some of 2327 01:36:09,760 --> 01:36:13,280 the former TID 7 land um and includes 2328 01:36:13,280 --> 01:36:14,960 the Riverwalk and potential market 2329 01:36:14,960 --> 01:36:17,600 square. Uh if created in 26 again we 2330 01:36:17,600 --> 01:36:20,000 would uh have expenditures until 2020 2331 01:36:20,000 --> 01:36:22,560 excuse me 2048 with anticipated closure 2332 01:36:22,560 --> 01:36:25,830 in 203. 2333 01:36:25,840 --> 01:36:28,719 Uh there are 17.5 or so million dollars 2334 01:36:28,719 --> 01:36:30,320 of public improvements in the project 2335 01:36:30,320 --> 01:36:32,159 plan. Doesn't mean that all of them will 2336 01:36:32,159 --> 01:36:33,440 happen. It doesn't mean that all of them 2337 01:36:33,440 --> 01:36:34,880 will happen exactly how they are shown 2338 01:36:34,880 --> 01:36:36,719 in the project plan. Uh it is really 2339 01:36:36,719 --> 01:36:39,280 just kind of a a road map. Uh we have 2340 01:36:39,280 --> 01:36:42,400 32.5 million of uh anticipated added 2341 01:36:42,400 --> 01:36:44,719 increment. There's 80 parcels in this 2342 01:36:44,719 --> 01:36:48,000 TID uh with a just over $23 million uh 2343 01:36:48,000 --> 01:36:50,159 of existing value and again the property 2344 01:36:50,159 --> 01:36:53,280 taxes on that existing value uh remain 2345 01:36:53,280 --> 01:36:55,520 with the taxing jurisdictions. We still 2346 01:36:55,520 --> 01:36:58,639 pass the the 12% test. Uh and this is 2347 01:36:58,639 --> 01:37:03,189 again a blight elimination TID. 2348 01:37:03,199 --> 01:37:04,800 We have some of the other maps that are 2349 01:37:04,800 --> 01:37:06,800 also included in the project plan. This 2350 01:37:06,800 --> 01:37:09,040 being the existing uses and conditions 2351 01:37:09,040 --> 01:37:12,480 maps and the next being that one half 2352 01:37:12,480 --> 01:37:19,270 mile radius map within the city limits. 2353 01:37:19,280 --> 01:37:22,320 Um we have the project key there. Uh 2354 01:37:22,320 --> 01:37:25,520 again about 11 um public projects and 2355 01:37:25,520 --> 01:37:30,000 then um the also uh potential for land 2356 01:37:30,000 --> 01:37:32,480 purchases or direct developer incentive 2357 01:37:32,480 --> 01:37:34,719 financing and administrative and 2358 01:37:34,719 --> 01:37:39,270 organizational fees. 2359 01:37:39,280 --> 01:37:41,840 Um next step uh as I mentioned the plan 2360 01:37:41,840 --> 01:37:43,920 commission did recommend approval uh of 2361 01:37:43,920 --> 01:37:45,840 both of these TIDs at their meeting on 2362 01:37:45,840 --> 01:37:48,639 the 28th of July. Those approval 2363 01:37:48,639 --> 01:37:51,040 resolutions are in the the packet for 2364 01:37:51,040 --> 01:37:53,119 council review. 2365 01:37:53,119 --> 01:37:56,320 Uh this uh we're recommending uh the 2366 01:37:56,320 --> 01:37:57,760 recommended action for the city council 2367 01:37:57,760 --> 01:37:59,440 is to adopt the resolutions in the 2368 01:37:59,440 --> 01:38:01,119 packet adopting the project plan and 2369 01:38:01,119 --> 01:38:02,639 boundaries for the tax incremental 2370 01:38:02,639 --> 01:38:05,440 districts 12 and 13. Uh and we would 2371 01:38:05,440 --> 01:38:07,760 request separate action items on those. 2372 01:38:07,760 --> 01:38:10,080 And then the joint review board is uh 2373 01:38:10,080 --> 01:38:13,600 scheduled to meet on August 31st to uh 2374 01:38:13,600 --> 01:38:15,920 do a final review of these two tax 2375 01:38:15,920 --> 01:38:17,920 increment districts. And with that, I 2376 01:38:17,920 --> 01:38:19,600 would be uh happy to answer any 2377 01:38:19,600 --> 01:38:22,320 questions about TIDS uh excuse me, TIDs 2378 01:38:22,320 --> 01:38:25,119 12 or 13. 2379 01:38:25,119 --> 01:38:27,119 >> The PIDES is basically covering the 2380 01:38:27,119 --> 01:38:29,600 financing and tax advantages for these 2381 01:38:29,600 --> 01:38:31,600 areas. Correct. 2382 01:38:31,600 --> 01:38:33,679 >> Uh it allows the city to incentivize 2383 01:38:33,679 --> 01:38:35,440 development and redevelopment in the 2384 01:38:35,440 --> 01:38:38,480 areas through either payo financing or 2385 01:38:38,480 --> 01:38:40,960 direct development incentives. The other 2386 01:38:40,960 --> 01:38:43,520 uh increment that's generated through uh 2387 01:38:43,520 --> 01:38:45,840 that is kept within the TID which is a 2388 01:38:45,840 --> 01:38:48,639 separate fund from the general fund is 2389 01:38:48,639 --> 01:38:50,880 then uh able to be used for public 2390 01:38:50,880 --> 01:38:52,880 improvements which the project plan 2391 01:38:52,880 --> 01:38:54,880 includes those public improvements. 2392 01:38:54,880 --> 01:38:57,199 >> The um market square that you referred 2393 01:38:57,199 --> 01:38:59,520 to that's that parking lot where we have 2394 01:38:59,520 --> 01:39:01,280 the farmers market. 2395 01:39:01,280 --> 01:39:05,360 >> Uh yes. Is there does that approve 2396 01:39:05,360 --> 01:39:07,119 anything specific for that other than 2397 01:39:07,119 --> 01:39:08,880 it's inside the TID and money could be 2398 01:39:08,880 --> 01:39:12,000 used to alter to what we decide? 2399 01:39:12,000 --> 01:39:14,320 >> There is no specific plan proposed. It 2400 01:39:14,320 --> 01:39:17,600 is just uh it that's designated as uh an 2401 01:39:17,600 --> 01:39:20,400 area that we that the city could support 2402 01:39:20,400 --> 01:39:22,239 improvement of in the future. 2403 01:39:22,239 --> 01:39:23,920 >> I'm good with that. I just would want to 2404 01:39:23,920 --> 01:39:25,679 make sure I got a chance to have a 2405 01:39:25,679 --> 01:39:27,360 discussion of what they do with that 2406 01:39:27,360 --> 01:39:29,360 park or that parking lot. 2407 01:39:29,360 --> 01:39:31,760 >> Yep. Any action uh relating to that? Uh 2408 01:39:31,760 --> 01:39:33,199 that parking lot is owned by the city. 2409 01:39:33,199 --> 01:39:34,960 So any action would certainly be done by 2410 01:39:34,960 --> 01:39:37,040 the city council. 2411 01:39:37,040 --> 01:39:41,280 >> Um in the 1 half mile outside, what are 2412 01:39:41,280 --> 01:39:43,760 some projects or examples of projects 2413 01:39:43,760 --> 01:39:46,800 that money could be used for from that 2414 01:39:46,800 --> 01:39:48,639 >> road and utility infrastructure 2415 01:39:48,639 --> 01:39:51,440 improvements, storm water improvements? 2416 01:39:51,440 --> 01:39:54,320 >> Okay. 2417 01:39:54,320 --> 01:39:56,239 And I'm just really pleased to see that 2418 01:39:56,239 --> 01:40:01,840 tail on TID 12 with because the 2419 01:40:01,840 --> 01:40:04,480 river road has been needing it for a 2420 01:40:04,480 --> 01:40:06,159 very long time. So 2421 01:40:06,159 --> 01:40:07,760 >> yeah, and just to be clear that um 2422 01:40:07,760 --> 01:40:09,679 highway 106 project would be a state 2423 01:40:09,679 --> 01:40:14,800 project. Uh however, the the DOT um 2424 01:40:14,800 --> 01:40:17,760 would not necessarily be designing a 2425 01:40:17,760 --> 01:40:20,560 bike and ped path. Uh and so one of the 2426 01:40:20,560 --> 01:40:23,440 goals that's outlined in the city's corp 2427 01:40:23,440 --> 01:40:25,040 uh comprehensive outdoor recreation plan 2428 01:40:25,040 --> 01:40:27,440 as well as the comprehensive plan is to 2429 01:40:27,440 --> 01:40:30,800 provide um off- streetet um bike ped 2430 01:40:30,800 --> 01:40:34,080 access uh to the pool from the uh from 2431 01:40:34,080 --> 01:40:36,239 the um south side of the city. So that 2432 01:40:36,239 --> 01:40:38,080 is a goal we're still working out uh 2433 01:40:38,080 --> 01:40:40,400 obviously working out those logistics uh 2434 01:40:40,400 --> 01:40:42,400 but this uh the creation of this TID 2435 01:40:42,400 --> 01:40:44,239 would allow a potential financing source 2436 01:40:44,239 --> 01:40:45,600 for at least some of that. It's 2437 01:40:45,600 --> 01:40:49,040 >> beautiful. Thank you. 2438 01:40:49,040 --> 01:40:50,719 I move to approve the resolution 2439 01:40:50,719 --> 01:40:52,719 adopting the project plan and boundaries 2440 01:40:52,719 --> 01:40:55,360 for tax incremental district TID number 2441 01:40:55,360 --> 01:40:57,760 12, city of Fort Atinson, Jefferson 2442 01:40:57,760 --> 01:40:59,360 County, Wisconsin. 2443 01:40:59,360 --> 01:41:00,320 >> Second. 2444 01:41:00,320 --> 01:41:02,239 >> We have a motion, a second. Any further 2445 01:41:02,239 --> 01:41:05,360 discuss discussion? 2446 01:41:05,360 --> 01:41:07,280 Just one question on top of that. Is 2447 01:41:07,280 --> 01:41:09,280 there there's no limit to how many times 2448 01:41:09,280 --> 01:41:11,199 we could amend the boundaries of any of 2449 01:41:11,199 --> 01:41:14,080 these TIDs, correct? or 2450 01:41:14,080 --> 01:41:16,960 >> um I would have to uh defer to our 2451 01:41:16,960 --> 01:41:19,360 financial adviserss on on that, but we 2452 01:41:19,360 --> 01:41:22,159 certainly um we certainly could amend 2453 01:41:22,159 --> 01:41:25,520 the TID to include uh projects uh or 2454 01:41:25,520 --> 01:41:27,360 property that wasn't included in the 2455 01:41:27,360 --> 01:41:29,760 initial TID. Uh we would go through the 2456 01:41:29,760 --> 01:41:31,360 same process as this council went 2457 01:41:31,360 --> 01:41:33,760 through for TID 9 earlier this year when 2458 01:41:33,760 --> 01:41:35,440 you added uh the Koshkanana estate 2459 01:41:35,440 --> 01:41:37,440 subdivision to that TID. So there is 2460 01:41:37,440 --> 01:41:39,679 it's a public process with joint review 2461 01:41:39,679 --> 01:41:42,480 board and city council approval. 2462 01:41:42,480 --> 01:41:45,040 just seeing like in the TID 13 plan 2463 01:41:45,040 --> 01:41:48,480 there's a few parcels that were left out 2464 01:41:48,480 --> 01:41:51,199 that could potentially see some 2465 01:41:51,199 --> 01:41:53,199 redevelopment in the future such as like 2466 01:41:53,199 --> 01:41:56,320 the uh Daily Union's former building or 2467 01:41:56,320 --> 01:41:58,639 some of the other properties around 2468 01:41:58,639 --> 01:42:01,520 neighboring there. So that was just a 2469 01:42:01,520 --> 01:42:04,080 question they had a resident reached out 2470 01:42:04,080 --> 01:42:06,080 I know during some of the other 2471 01:42:06,080 --> 01:42:08,400 committee meetings. So 2472 01:42:08,400 --> 01:42:10,239 with that we have the motion to second. 2473 01:42:10,239 --> 01:42:12,320 All in favor, please signify by saying 2474 01:42:12,320 --> 01:42:13,040 I. 2475 01:42:13,040 --> 01:42:13,440 >> I. 2476 01:42:13,440 --> 01:42:17,520 >> Any oppose? Motion carries. And then 2477 01:42:17,520 --> 01:42:20,159 item 8G, review and possible action on 2478 01:42:20,159 --> 01:42:21,920 resolution adopting project plan 2479 01:42:21,920 --> 01:42:24,400 boundaries for TID increment district 2480 01:42:24,400 --> 01:42:26,639 number 13 of the city of Fort Atinson, 2481 01:42:26,639 --> 01:42:27,920 Jefferson County. 2482 01:42:27,920 --> 01:42:29,520 >> I move to approve the resolution 2483 01:42:29,520 --> 01:42:31,440 adopting the project plan and boundaries 2484 01:42:31,440 --> 01:42:34,320 for tax incremental district TID number 2485 01:42:34,320 --> 01:42:36,480 13, City of Fort Atinson, Jefferson 2486 01:42:36,480 --> 01:42:37,760 County, Wisconsin. 2487 01:42:37,760 --> 01:42:40,080 >> Second. We have a motion and a second. 2488 01:42:40,080 --> 01:42:42,560 Any further discussion? 2489 01:42:42,560 --> 01:42:45,119 Seeing none, all those in favor, please 2490 01:42:45,119 --> 01:42:46,719 signify by saying I. 2491 01:42:46,719 --> 01:42:51,840 >> I. Opposed. Motion carries. Item nine, 2492 01:42:51,840 --> 01:42:53,360 reports of officers, boards, and 2493 01:42:53,360 --> 01:42:55,440 committees. 9A is city manager report. 2494 01:42:55,440 --> 01:42:56,639 Manager Hostman. 2495 01:42:56,639 --> 01:42:59,199 >> Thank you. Uh, thank you all for being 2496 01:42:59,199 --> 01:43:00,880 here tonight despite the challenges to 2497 01:43:00,880 --> 01:43:02,719 get inside the building. As I'm sure 2498 01:43:02,719 --> 01:43:04,239 everyone saw, the main street entrance 2499 01:43:04,239 --> 01:43:05,679 to the municipal building is closed to 2500 01:43:05,679 --> 01:43:07,199 accommodate a project that is replacing 2501 01:43:07,199 --> 01:43:09,280 the degraded bricks with concrete. 2502 01:43:09,280 --> 01:43:10,880 During construction, the public may use 2503 01:43:10,880 --> 01:43:12,159 the parks and recreation building 2504 01:43:12,159 --> 01:43:14,400 entrance or entrance number two, both 2505 01:43:14,400 --> 01:43:16,480 located on Water Street on the Water 2506 01:43:16,480 --> 01:43:18,400 Street side of the building. After the 2507 01:43:18,400 --> 01:43:20,239 main street uh entrance work is 2508 01:43:20,239 --> 01:43:21,679 complete, the contractor will move on to 2509 01:43:21,679 --> 01:43:23,920 the parks and recreation entrance. And 2510 01:43:23,920 --> 01:43:25,760 this project will improve accessibility, 2511 01:43:25,760 --> 01:43:27,920 safety, and aesthetics. 2512 01:43:27,920 --> 01:43:29,840 This week, the city announced the summer 2513 01:43:29,840 --> 01:43:31,840 photo contest winners. There were over 2514 01:43:31,840 --> 01:43:33,600 30 submissions that showcased different 2515 01:43:33,600 --> 01:43:35,840 parts of the city and three winners were 2516 01:43:35,840 --> 01:43:37,920 selected. Congratulations to our own 2517 01:43:37,920 --> 01:43:40,239 Kelsey Ritmeer who captured a sunrise 2518 01:43:40,239 --> 01:43:42,159 over the Main Street Bridge. George 2519 01:43:42,159 --> 01:43:44,960 Jester III who uh whose photo featured 2520 01:43:44,960 --> 01:43:48,560 his features his 1948 Pontiac underneath 2521 01:43:48,560 --> 01:43:50,800 the Highway 26 bridge and Joshua Bennett 2522 01:43:50,800 --> 01:43:52,719 who showcased an evening baseball game 2523 01:43:52,719 --> 01:43:54,639 at Jones Park. To see those photos and 2524 01:43:54,639 --> 01:43:56,000 learn more, please take a look at the 2525 01:43:56,000 --> 01:43:58,239 city's website. 2526 01:43:58,239 --> 01:43:59,760 Uh most people have witnessed the 2527 01:43:59,760 --> 01:44:01,199 sidewalk and crosswalk project on 2528 01:44:01,199 --> 01:44:03,040 Jainsville Avenue in Jones Park this 2529 01:44:03,040 --> 01:44:04,560 summer. I'm pleased to announce that the 2530 01:44:04,560 --> 01:44:06,320 rapid flashing beacons at this crosswalk 2531 01:44:06,320 --> 01:44:08,719 are scheduled to be installed tomorrow. 2532 01:44:08,719 --> 01:44:11,280 So that is that's pretty exciting. Uh 2533 01:44:11,280 --> 01:44:13,119 the city received 28 applications for 2534 01:44:13,119 --> 01:44:14,400 the position of administrative 2535 01:44:14,400 --> 01:44:16,400 assistant/program coordinator for the 2536 01:44:16,400 --> 01:44:18,239 parks and recreation department. At the 2537 01:44:18,239 --> 01:44:19,440 end of the interview process, we're 2538 01:44:19,440 --> 01:44:21,840 happy to announce that Lucy Edwards has, 2539 01:44:21,840 --> 01:44:23,760 excuse me, Lacy Edwards has accepted the 2540 01:44:23,760 --> 01:44:25,520 position and will begin work with us on 2541 01:44:25,520 --> 01:44:27,360 August 31st. 2542 01:44:27,360 --> 01:44:30,159 Welcome to Lacy. Uh unfortunately, our 2543 01:44:30,159 --> 01:44:32,080 newly hired water superintendent uh 2544 01:44:32,080 --> 01:44:34,159 resigned, citing personal reasons. Uh 2545 01:44:34,159 --> 01:44:36,719 the city has already posted uh reposted 2546 01:44:36,719 --> 01:44:37,920 the position and we look forward to 2547 01:44:37,920 --> 01:44:39,440 finding another qualified candidate to 2548 01:44:39,440 --> 01:44:42,239 be part of our team. Uh the city's also 2549 01:44:42,239 --> 01:44:44,800 hiring a parks caretaker/acquatics 2550 01:44:44,800 --> 01:44:47,360 technician position. Uh please visit the 2551 01:44:47,360 --> 01:44:49,520 city's website to learn more uh and to 2552 01:44:49,520 --> 01:44:51,199 see full job descriptions and to send 2553 01:44:51,199 --> 01:44:54,080 them on to uh anybody you know. 2554 01:44:54,080 --> 01:44:55,440 I will speak at the Chamber of 2555 01:44:55,440 --> 01:44:57,520 Commerce's annual new teacher breakfast 2556 01:44:57,520 --> 01:44:59,760 on August 20th. It's a great opportunity 2557 01:44:59,760 --> 01:45:02,239 to welcome uh the new public and private 2558 01:45:02,239 --> 01:45:04,320 school teachers to the community. I want 2559 01:45:04,320 --> 01:45:06,239 to just express appreciation to the 2560 01:45:06,239 --> 01:45:08,000 chamber and all the local sponsors who 2561 01:45:08,000 --> 01:45:11,600 donate uh to the free supply bags 2562 01:45:11,600 --> 01:45:13,280 provided to the new teachers at that 2563 01:45:13,280 --> 01:45:14,719 event. 2564 01:45:14,719 --> 01:45:16,480 A public information meeting for the 2565 01:45:16,480 --> 01:45:18,880 proposed BECI transmission line project 2566 01:45:18,880 --> 01:45:20,719 will take place on August 26th from 2567 01:45:20,719 --> 01:45:22,960 10:00 a.m. to 1 p.m. at the Jefferson 2568 01:45:22,960 --> 01:45:25,280 County Fairgrounds Activity Center. The 2569 01:45:25,280 --> 01:45:26,960 city's website features a link to the 2570 01:45:26,960 --> 01:45:28,719 interactive map showing multiple 2571 01:45:28,719 --> 01:45:30,880 possible paths of this overhead 2572 01:45:30,880 --> 01:45:33,280 transmission line project. Uh city staff 2573 01:45:33,280 --> 01:45:35,360 does plan to attend the meetings and uh 2574 01:45:35,360 --> 01:45:36,880 with the goal of protecting the city's 2575 01:45:36,880 --> 01:45:39,040 urban growth area as identified in our 2576 01:45:39,040 --> 01:45:41,440 comprehensive plan. 2577 01:45:41,440 --> 01:45:43,760 As a sign of the gradual end of summer, 2578 01:45:43,760 --> 01:45:46,000 the last char uh charity concert uh of 2579 01:45:46,000 --> 01:45:47,360 the season will take place on August 2580 01:45:47,360 --> 01:45:49,840 26th in Barry Park. Uh thank you to the 2581 01:45:49,840 --> 01:45:52,320 Kuanis Club, city staff, and the event 2582 01:45:52,320 --> 01:45:54,000 sponsors who make those community events 2583 01:45:54,000 --> 01:45:56,880 possible. Our public relations intern 2584 01:45:56,880 --> 01:45:59,040 Satie Elwood will complete her last day 2585 01:45:59,040 --> 01:46:01,440 with us on August 27th. Uh Satie has 2586 01:46:01,440 --> 01:46:02,880 been a great addition to our team, 2587 01:46:02,880 --> 01:46:05,280 drafting employee newsletter, organizing 2588 01:46:05,280 --> 01:46:06,880 employee picnic, administering the 2589 01:46:06,880 --> 01:46:08,719 summer photo contest, uh and 2590 01:46:08,719 --> 01:46:09,920 implementing employee wellness 2591 01:46:09,920 --> 01:46:12,639 initiatives. She also assisted uh with 2592 01:46:12,639 --> 01:46:14,320 the parks and recreation department and 2593 01:46:14,320 --> 01:46:15,679 served as an election official in the 2594 01:46:15,679 --> 01:46:18,080 last two elections. Satie will continue 2595 01:46:18,080 --> 01:46:20,000 her studies at W Whitewater this fall 2596 01:46:20,000 --> 01:46:21,760 and we will welcome her back uh next 2597 01:46:21,760 --> 01:46:23,119 summer if she's interested. So, thank 2598 01:46:23,119 --> 01:46:25,840 you very much to Satie. 2599 01:46:25,840 --> 01:46:27,360 >> Uh Rhythm on the River will take place 2600 01:46:27,360 --> 01:46:29,360 on August 29th in the municipal building 2601 01:46:29,360 --> 01:46:31,520 parking lots. Uh we appreciate the 2602 01:46:31,520 --> 01:46:33,520 organizers flexibility in the location 2603 01:46:33,520 --> 01:46:35,840 and uh want to express appreciation to 2604 01:46:35,840 --> 01:46:37,280 all the city staff and volunteers 2605 01:46:37,280 --> 01:46:39,199 involved in ensuring a safe and 2606 01:46:39,199 --> 01:46:41,760 successful event. As I mentioned in the 2607 01:46:41,760 --> 01:46:43,600 TID presentation, the joint review board 2608 01:46:43,600 --> 01:46:46,080 will meet on August 31st to review those 2609 01:46:46,080 --> 01:46:47,520 final recommendations from the city 2610 01:46:47,520 --> 01:46:50,400 council and the plan commission um for 2611 01:46:50,400 --> 01:46:52,800 TIDS 12 and 13 that will support uh 2612 01:46:52,800 --> 01:46:54,480 development and redevelopment in our 2613 01:46:54,480 --> 01:46:56,880 downtown. And the South Main Street 2614 01:46:56,880 --> 01:46:59,119 construction project continues. uh staff 2615 01:46:59,119 --> 01:47:00,560 has been updating the city's website 2616 01:47:00,560 --> 01:47:02,159 regularly. So, the best way to stay 2617 01:47:02,159 --> 01:47:03,440 informed on the progress and the 2618 01:47:03,440 --> 01:47:04,800 timelines is to really just check the 2619 01:47:04,800 --> 01:47:06,719 city's website. 2620 01:47:06,719 --> 01:47:08,320 And finally, the Jeff uh Jefferson 2621 01:47:08,320 --> 01:47:09,920 County is hosting two meetings in 2622 01:47:09,920 --> 01:47:11,840 September relating to consideration of a 2623 01:47:11,840 --> 01:47:14,639 financial support mechanism for all EMS 2624 01:47:14,639 --> 01:47:16,880 systems within Jefferson County. Elected 2625 01:47:16,880 --> 01:47:18,400 officials and members of the public are 2626 01:47:18,400 --> 01:47:20,000 encouraged to attend one or both of 2627 01:47:20,000 --> 01:47:21,600 those meetings and they will take place 2628 01:47:21,600 --> 01:47:24,400 on September 17th at 7 p.m. at the 2629 01:47:24,400 --> 01:47:26,719 Jefferson County Courthouse or September 2630 01:47:26,719 --> 01:47:29,040 24th at 7 p.m. at the Watertown Fire 2631 01:47:29,040 --> 01:47:30,880 Department. Again, the more information 2632 01:47:30,880 --> 01:47:35,840 is on the city's website. Uh it was a a big news week even though it's only 2633 01:47:35,840 --> 01:47:37,679 Tuesday. So, please do check out the the 2634 01:47:37,679 --> 01:47:40,239 city's website for more information. And 2635 01:47:40,239 --> 01:47:42,080 that is all I have tonight. Thank you. 2636 01:47:42,080 --> 01:47:44,880 >> Thank you. Moving on to item 10, 2637 01:47:44,880 --> 01:47:46,400 unfinished business. We have none 2638 01:47:46,400 --> 01:47:49,280 tonight. Item 11, new business. 11 A, 2639 01:47:49,280 --> 01:47:50,960 review and possible action relating to 2640 01:47:50,960 --> 01:47:53,440 Ridge View Estates structural fill 2641 01:47:53,440 --> 01:47:56,159 invoice from Gallop Grading LLC in the 2642 01:47:56,159 --> 01:47:59,830 amount of $22,642. 2643 01:47:59,840 --> 01:48:02,000 Director of public works Naven. Good 2644 01:48:02,000 --> 01:48:04,320 even good evening. 2645 01:48:04,320 --> 01:48:06,400 As part of building roads and installing 2646 01:48:06,400 --> 01:48:07,520 utilities in Ridge View State 2647 01:48:07,520 --> 01:48:09,440 subdivision, the city's contract to 2648 01:48:09,440 --> 01:48:11,280 remove structural fill from lots one and 2649 01:48:11,280 --> 01:48:13,280 two. This resulted in lots one and two 2650 01:48:13,280 --> 01:48:14,880 not being at the subdivision design 2651 01:48:14,880 --> 01:48:16,480 elevation at the start of construction 2652 01:48:16,480 --> 01:48:18,719 of Bridge View Loft apartment building 2653 01:48:18,719 --> 01:48:21,199 located on south side of Trillium Drive. 2654 01:48:21,199 --> 01:48:22,480 The removal of the fill from the lots 2655 01:48:22,480 --> 01:48:24,080 was identified by the developer in 2656 01:48:24,080 --> 01:48:26,000 January of 2025 and required the 2657 01:48:26,000 --> 01:48:28,159 contractor to truck in 5100 yards of 2658 01:48:28,159 --> 01:48:30,639 structural material to get lots graded 2659 01:48:30,639 --> 01:48:32,639 for their original design. The total 2660 01:48:32,639 --> 01:48:34,159 cost for the additional fill was 2661 01:48:34,159 --> 01:48:36,080 $45,284. 2662 01:48:36,080 --> 01:48:37,600 And at the time there was discussion 2663 01:48:37,600 --> 01:48:38,800 between the city's contracted 2664 01:48:38,800 --> 01:48:41,119 engineering firmwam engineering and the 2665 01:48:41,119 --> 01:48:42,639 developer on who should bear the cost of 2666 01:48:42,639 --> 01:48:45,280 this fill. However, this invoice had not 2667 01:48:45,280 --> 01:48:46,560 been resolved. So when the city 2668 01:48:46,560 --> 01:48:48,080 approached the developer this summer 2669 01:48:48,080 --> 01:48:49,600 about potentially donating their land 2670 01:48:49,600 --> 01:48:50,960 for the required temporary limited 2671 01:48:50,960 --> 01:48:53,199 easement for banker road redesign, the 2672 01:48:53,199 --> 01:48:54,800 developer asked about the structural 2673 01:48:54,800 --> 01:48:57,199 fill invoice that had not been resolved. 2674 01:48:57,199 --> 01:48:58,880 City staff worked with the developer to 2675 01:48:58,880 --> 01:49:00,320 come to an agreement to that the 2676 01:49:00,320 --> 01:49:01,760 developer would donate their land for 2677 01:49:01,760 --> 01:49:05,199 the TLE valued at $23,680 2678 01:49:05,199 --> 01:49:06,800 if the city would pay half the cost of 2679 01:49:06,800 --> 01:49:09,199 the outstanding structural fill invoice. 2680 01:49:09,199 --> 01:49:11,040 The invoice for 50% of the structural 2681 01:49:11,040 --> 01:49:15,040 fill from galllets is $22,642 2682 01:49:15,040 --> 01:49:16,480 and the cost associated with this 2683 01:49:16,480 --> 01:49:18,880 invoice will be paid for out of TID 9. 2684 01:49:18,880 --> 01:49:20,560 Staff recommends city council authorize 2685 01:49:20,560 --> 01:49:21,840 the payment of the structural fill 2686 01:49:21,840 --> 01:49:23,520 invoice from Galis grading in the amount 2687 01:49:23,520 --> 01:49:29,510 of $22,642. 2688 01:49:29,520 --> 01:49:32,880 Take any questions. 2689 01:49:32,880 --> 01:49:35,280 I move to approve the structural fill 2690 01:49:35,280 --> 01:49:37,360 invoice for Ridge View Estates from 2691 01:49:37,360 --> 01:49:40,560 Gallat Grading LLC in an amount not to 2692 01:49:40,560 --> 01:49:45,510 exceed $22,642. 2693 01:49:45,520 --> 01:49:48,400 » Second motion and a second. Any further 2694 01:49:48,400 --> 01:49:50,880 discussion? 2695 01:49:50,880 --> 01:49:52,800 Seeing none, all those in favor, please 2696 01:49:52,800 --> 01:49:54,400 signify by saying I. 2697 01:49:54,400 --> 01:49:55,119 >> I. 2698 01:49:55,119 --> 01:49:58,560 >> Any opposed? Motion carries. 2699 01:49:58,560 --> 01:50:01,280 >> Uh item 11B, review and possible action 2700 01:50:01,280 --> 01:50:02,719 relating to Ridge View Estates 2701 01:50:02,719 --> 01:50:04,560 development change order number nine. 2702 01:50:04,560 --> 01:50:05,920 Director David. 2703 01:50:05,920 --> 01:50:07,679 >> Thank you. The Ridge View Estate 2704 01:50:07,679 --> 01:50:09,360 subdivision infrastructure project 2705 01:50:09,360 --> 01:50:11,119 includes an 8 foot wide asphalt path 2706 01:50:11,119 --> 01:50:12,960 along the south side of Trillium Drive. 2707 01:50:12,960 --> 01:50:14,960 The path extension and ADA curb ramp 2708 01:50:14,960 --> 01:50:16,639 improvements were identified in change 2709 01:50:16,639 --> 01:50:18,639 order 9 were originally included as part 2710 01:50:18,639 --> 01:50:19,920 of the Ridge View stage development 2711 01:50:19,920 --> 01:50:21,600 contract. However, as the project has 2712 01:50:21,600 --> 01:50:23,600 neared completion this spring, staff 2713 01:50:23,600 --> 01:50:25,679 removed the work from the contract uh 2714 01:50:25,679 --> 01:50:27,679 through change order number eight so the 2715 01:50:27,679 --> 01:50:29,280 overall project could be closed out in a 2716 01:50:29,280 --> 01:50:31,360 timely manner. Items were removed or 2717 01:50:31,360 --> 01:50:33,600 reduced in quantity to due to changes in 2718 01:50:33,600 --> 01:50:35,600 design during construction, deferral 2719 01:50:35,600 --> 01:50:37,679 until lots within development areas are 2720 01:50:37,679 --> 01:50:39,920 near full or because the project were 2721 01:50:39,920 --> 01:50:41,040 not required to complete the 2722 01:50:41,040 --> 01:50:42,639 construction. Uh that's items such as 2723 01:50:42,639 --> 01:50:45,199 the final lift of asphalt on the roads, 2724 01:50:45,199 --> 01:50:47,920 the installation of rightaway trees, and 2725 01:50:47,920 --> 01:50:50,639 this path. Following further review and 2726 01:50:50,639 --> 01:50:53,360 discussion with the 2727 01:50:53,360 --> 01:50:55,360 builders of the apartment complex there 2728 01:50:55,360 --> 01:50:56,960 on Trillium Drive, staff determined that 2729 01:50:56,960 --> 01:50:58,880 completing the path improvements remains 2730 01:50:58,880 --> 01:51:00,480 an important priority. The work 2731 01:51:00,480 --> 01:51:02,000 consisted of constructing two concrete 2732 01:51:02,000 --> 01:51:03,600 curb ramps and extending the asphalt 2733 01:51:03,600 --> 01:51:05,920 path approximately 420 ft along the 2734 01:51:05,920 --> 01:51:07,840 south side of Trillium Drive to create 2735 01:51:07,840 --> 01:51:09,600 that continuous pedestrian and bicycle 2736 01:51:09,600 --> 01:51:12,080 access on both sides of the road. Uh 2737 01:51:12,080 --> 01:51:13,360 according to the developers agreement, 2738 01:51:13,360 --> 01:51:14,880 the city is responsible for providing 2739 01:51:14,880 --> 01:51:16,719 that public path connection. The 2740 01:51:16,719 --> 01:51:18,159 improvement also connects with future 2741 01:51:18,159 --> 01:51:19,920 banker road path facilities on the east 2742 01:51:19,920 --> 01:51:22,320 end of Trillium Drive. Since the 2743 01:51:22,320 --> 01:51:24,239 apartment development is expected to 2744 01:51:24,239 --> 01:51:26,080 begin occupancy later this fall, staff 2745 01:51:26,080 --> 01:51:27,679 believes it's important that residents 2746 01:51:27,679 --> 01:51:29,119 have safe and convenient walking and 2747 01:51:29,119 --> 01:51:30,880 biking access immediately upon moving 2748 01:51:30,880 --> 01:51:32,800 into the neighborhood. Completing the 2749 01:51:32,800 --> 01:51:34,719 path now will provide connectivity to 2750 01:51:34,719 --> 01:51:36,480 both sides of Trillium Drive and avoid 2751 01:51:36,480 --> 01:51:38,080 having residents wait for a future 2752 01:51:38,080 --> 01:51:39,599 connect construction season to gain 2753 01:51:39,599 --> 01:51:42,639 access to these facilities. Staff also 2754 01:51:42,639 --> 01:51:43,840 identified an opportunity to 2755 01:51:43,840 --> 01:51:45,440 significantly reduce costs by completing 2756 01:51:45,440 --> 01:51:47,520 the work during the week of August 11th. 2757 01:51:47,520 --> 01:51:49,360 Wolf paving was already mobilized across 2758 01:51:49,360 --> 01:51:50,960 the street performing paving work at 2759 01:51:50,960 --> 01:51:53,280 Fort Atinson High School and by 2760 01:51:53,280 --> 01:51:54,800 coordinating the trail work to occur at 2761 01:51:54,800 --> 01:51:56,719 the same time. City was able to take 2762 01:51:56,719 --> 01:51:58,080 advantage of competitive pricing and 2763 01:51:58,080 --> 01:51:59,920 avoid additional mobilization costs that 2764 01:51:59,920 --> 01:52:01,760 would have likely occur been have been 2765 01:52:01,760 --> 01:52:03,679 incurred if the work had been bid and 2766 01:52:03,679 --> 01:52:05,840 completed separately at a later date. 2767 01:52:05,840 --> 01:52:07,440 The change order includes two concrete 2768 01:52:07,440 --> 01:52:09,840 ADA curb ramps and approximately 420 ft 2769 01:52:09,840 --> 01:52:11,920 of asphalt path along the side of south 2770 01:52:11,920 --> 01:52:14,159 side of Trillium Drive at a cost not to 2771 01:52:14,159 --> 01:52:16,800 exceed $29,65. 2772 01:52:16,800 --> 01:52:18,560 This change order will be paid for using 2773 01:52:18,560 --> 01:52:21,520 TID 9 funds. Staff recommends city 2774 01:52:21,520 --> 01:52:23,040 council approve of approval of change 2775 01:52:23,040 --> 01:52:24,719 order number nine for services completed 2776 01:52:24,719 --> 01:52:26,400 to install the path connection before 2777 01:52:26,400 --> 01:52:27,679 occupancy of the new apartment 2778 01:52:27,679 --> 01:52:29,360 development and to ensure safe 2779 01:52:29,360 --> 01:52:31,119 pedestrian and bicycle access for future 2780 01:52:31,119 --> 01:52:33,119 residents. 2781 01:52:33,119 --> 01:52:38,470 And that'll take any questions. 2782 01:52:38,480 --> 01:52:40,159 » No more change orders for this for a 2783 01:52:40,159 --> 01:52:42,080 while. [laughter] I was a little shocked 2784 01:52:42,080 --> 01:52:44,480 when we saw when I saw this, but it 2785 01:52:44,480 --> 01:52:46,480 makes complete sense why it came through 2786 01:52:46,480 --> 01:52:48,320 at this point. So, 2787 01:52:48,320 --> 01:52:49,520 >> yeah, unfortunately, it was a little bit 2788 01:52:49,520 --> 01:52:50,719 of an oversight in the developers 2789 01:52:50,719 --> 01:52:52,560 agreement to identify the responsibility 2790 01:52:52,560 --> 01:52:53,840 on that side of it. So, after we had 2791 01:52:53,840 --> 01:52:56,239 those discussions with the developer and 2792 01:52:56,239 --> 01:52:57,760 around the TLES and everything else 2793 01:52:57,760 --> 01:52:59,599 going on out there, we wanted to put 2794 01:52:59,599 --> 01:53:01,040 that back in and take advantage of what 2795 01:53:01,040 --> 01:53:03,599 was going on in the neighborhood. 2796 01:53:03,599 --> 01:53:05,760 I'm glad we took advantage of Wolf 2797 01:53:05,760 --> 01:53:08,320 Paving being right across the road from 2798 01:53:08,320 --> 01:53:10,719 So I'm sure that saved us probably5 2799 01:53:10,719 --> 01:53:12,320 to$10,000. 2800 01:53:12,320 --> 01:53:15,040 >> Absolutely. 2801 01:53:15,040 --> 01:53:17,280 >> I move to approve the Ridge View Estates 2802 01:53:17,280 --> 01:53:19,199 development change order number nine for 2803 01:53:19,199 --> 01:53:22,159 services completed to install the path 2804 01:53:22,159 --> 01:53:24,400 connection before occupancy of the new 2805 01:53:24,400 --> 01:53:26,400 apartment development. 2806 01:53:26,400 --> 01:53:27,440 >> Second. 2807 01:53:27,440 --> 01:53:29,440 >> We have a motion, a second. Any further 2808 01:53:29,440 --> 01:53:31,679 discussion? 2809 01:53:31,679 --> 01:53:33,440 Seeing none. All in favor, please 2810 01:53:33,440 --> 01:53:35,040 signify by saying I. 2811 01:53:35,040 --> 01:53:35,760 >> I. 2812 01:53:35,760 --> 01:53:37,360 >> Any opposed? 2813 01:53:37,360 --> 01:53:40,960 >> Motion carries. Thank you. 2814 01:53:40,960 --> 01:53:43,360 Uh 11 C review and possible action 2815 01:53:43,360 --> 01:53:45,199 relating to the replacement of airrated 2816 01:53:45,199 --> 01:53:48,719 d airrated digtor number two membrane at 2817 01:53:48,719 --> 01:53:50,320 the wastewater treatment facility. We 2818 01:53:50,320 --> 01:53:52,320 have wastewater utility superintendent 2819 01:53:52,320 --> 01:53:53,199 Sweeney. 2820 01:53:53,199 --> 01:53:55,679 >> Hey, welcome. Uh the wastewater 2821 01:53:55,679 --> 01:53:57,679 treatment facility has uh three 2822 01:53:57,679 --> 01:53:59,840 digesttors that are part of a sludge 2823 01:53:59,840 --> 01:54:02,320 treatment process. After waste water is 2824 01:54:02,320 --> 01:54:04,000 cleaned and the solids are removed, 2825 01:54:04,000 --> 01:54:06,159 those solids are sent to the digesttors. 2826 01:54:06,159 --> 01:54:07,840 Uh the digtor acts like a large 2827 01:54:07,840 --> 01:54:10,159 biological processing tank where 2828 01:54:10,159 --> 01:54:12,719 naturally occurring uh microorganisms 2829 01:54:12,719 --> 01:54:15,040 break down and stabilize the sludge. 2830 01:54:15,040 --> 01:54:16,960 This reduces the volume of material for 2831 01:54:16,960 --> 01:54:19,440 the plant to handle. It reduces orders, 2832 01:54:19,440 --> 01:54:21,520 improves safety, and prepares the solids 2833 01:54:21,520 --> 01:54:24,719 for final uh dewatering and disposal. 2834 01:54:24,719 --> 01:54:28,080 Uh, digtor 2 contains approximately 2835 01:54:28,080 --> 01:54:29,599 1,150 2836 01:54:29,599 --> 01:54:32,159 diffuser membranes. Following the 2837 01:54:32,159 --> 01:54:34,159 unknown detachment of an air supply 2838 01:54:34,159 --> 01:54:36,719 line, uh, sledge gradually entered and 2839 01:54:36,719 --> 01:54:38,719 accumulated within the digtor diffuser 2840 01:54:38,719 --> 01:54:41,119 grid. As a result, many of the diffuser 2841 01:54:41,119 --> 01:54:42,639 membranes have become completely 2842 01:54:42,639 --> 01:54:44,719 followed. Additionally, the increased 2843 01:54:44,719 --> 01:54:47,520 blower pressure required to maintain air 2844 01:54:47,520 --> 01:54:49,599 flow through the compromised system has 2845 01:54:49,599 --> 01:54:51,360 caused numerous membranes to become 2846 01:54:51,360 --> 01:54:54,080 stretched, damaged, or torn beyond 2847 01:54:54,080 --> 01:54:56,480 acceptable operating limits. And it's 2848 01:54:56,480 --> 01:54:58,400 necessary to remove those and replace 2849 01:54:58,400 --> 01:55:01,360 them. Uh this work is required to 2850 01:55:01,360 --> 01:55:03,920 maintain efficient digtor operation and 2851 01:55:03,920 --> 01:55:05,840 support the long-term reliability of the 2852 01:55:05,840 --> 01:55:09,199 facility's bioolids treatment process. 2853 01:55:09,199 --> 01:55:11,040 Uh due to the failed membranes and the 2854 01:55:11,040 --> 01:55:12,639 current condition of the diffuser 2855 01:55:12,639 --> 01:55:14,480 system, it is recommended to remove and 2856 01:55:14,480 --> 01:55:16,080 replace all existing membranes to 2857 01:55:16,080 --> 01:55:18,719 restore proper performance. The expected 2858 01:55:18,719 --> 01:55:21,360 life cycle of the membranes was 7 years. 2859 01:55:21,360 --> 01:55:23,679 Uh but this unfortunately unfortunately 2860 01:55:23,679 --> 01:55:25,360 reduced it to only three and a half 2861 01:55:25,360 --> 01:55:27,679 years. Uh with better understanding of 2862 01:55:27,679 --> 01:55:29,679 the equipment condition, staff has 2863 01:55:29,679 --> 01:55:31,760 scheduled the remaining two digesttors 2864 01:55:31,760 --> 01:55:35,520 in the CIP for 2028 and 2029. 2865 01:55:35,520 --> 01:55:37,520 uh reflecting a revised expectation of a 2866 01:55:37,520 --> 01:55:39,360 shorter life cycle than originally 2867 01:55:39,360 --> 01:55:42,320 projected. 2868 01:55:42,320 --> 01:55:44,239 Staff contacted three companies to get 2869 01:55:44,239 --> 01:55:46,880 prices on the membranes. Uh Rubicon 2870 01:55:46,880 --> 01:55:49,599 Environmental was $8,900. 2871 01:55:49,599 --> 01:55:52,719 William Reed was $12,870 2872 01:55:52,719 --> 01:55:57,910 and Peterson and Matts was $11,68.50. 2873 01:55:57,920 --> 01:56:00,080 Staff also contacted three companies for 2874 01:56:00,080 --> 01:56:02,239 the installation of the membranes. Uh, 2875 01:56:02,239 --> 01:56:05,360 Rubicon Environmental was $7,300. 2876 01:56:05,360 --> 01:56:08,639 Stop construction was $47,300 2877 01:56:08,639 --> 01:56:14,229 and Sabul Mechanical was $19,965.80. 2878 01:56:14,239 --> 01:56:16,159 Staff recommends utilizing the funds 2879 01:56:16,159 --> 01:56:18,000 available through the $ 1.5 million 2880 01:56:18,000 --> 01:56:20,560 borrowing that has been reallocated to 2881 01:56:20,560 --> 01:56:23,040 advanced capital improvement projects. 2882 01:56:23,040 --> 01:56:24,960 Uh, there is 1.1 million remaining in 2883 01:56:24,960 --> 01:56:27,599 the project borrowing. Staff recommends 2884 01:56:27,599 --> 01:56:29,040 that the city council approve the 2885 01:56:29,040 --> 01:56:31,280 purchase and install of the membranes 2886 01:56:31,280 --> 01:56:33,920 from Rubicon Environmental at a cost not 2887 01:56:33,920 --> 01:56:36,320 to exceed $16,200 2888 01:56:36,320 --> 01:56:38,560 to be paid for using wastewater borrowed 2889 01:56:38,560 --> 01:56:41,040 funds. 2890 01:56:41,040 --> 01:56:42,080 Questions? 2891 01:56:42,080 --> 01:56:45,119 >> Well, I just want to say again, I really 2892 01:56:45,119 --> 01:56:47,119 appreciate that you put in the effort to 2893 01:56:47,119 --> 01:56:49,360 do multiple bids. I think it's very 2894 01:56:49,360 --> 01:56:52,880 important. So, thank you for doing that. 2895 01:56:52,880 --> 01:56:55,040 And I think the service you provide city 2896 01:56:55,040 --> 01:56:57,360 is incredibly important and people would 2897 01:56:57,360 --> 01:56:59,040 notice if it would if it would broke 2898 01:56:59,040 --> 01:57:02,000 down. So let's keep it working good 2899 01:57:02,000 --> 01:57:03,760 >> that 2900 01:57:03,760 --> 01:57:05,920 >> it is an interesting spread in the uh 2901 01:57:05,920 --> 01:57:08,080 installation uh bids for 2902 01:57:08,080 --> 01:57:10,560 >> I will say that uh Rubicon Environmental 2903 01:57:10,560 --> 01:57:12,800 it is all they do that's all they work 2904 01:57:12,800 --> 01:57:16,719 on. So it is their uh bread and butter 2905 01:57:16,719 --> 01:57:19,440 >> very specialized in this area so they 2906 01:57:19,440 --> 01:57:20,239 know what they're doing. 2907 01:57:20,239 --> 01:57:25,280 >> Yeah. for the replacing or um the 2908 01:57:25,280 --> 01:57:27,679 schedule for replacing the remaining two 2909 01:57:27,679 --> 01:57:30,480 digesttors in 2829. Would there be any 2910 01:57:30,480 --> 01:57:33,199 benefit in doing them at the same time 2911 01:57:33,199 --> 01:57:36,159 or is it just the same to be doing them? 2912 01:57:36,159 --> 01:57:38,400 >> Um we did do our gas cleaning recently 2913 01:57:38,400 --> 01:57:40,560 and the other two are still in very good 2914 01:57:40,560 --> 01:57:43,280 condition. So to get a couple more years 2915 01:57:43,280 --> 01:57:46,320 out of them would be very beneficial. 2916 01:57:46,320 --> 01:57:49,679 And then in a couple years, is it same 2917 01:57:49,679 --> 01:57:52,080 thing that like would it save anything 2918 01:57:52,080 --> 01:57:54,880 to do them at the same time or just 2919 01:57:54,880 --> 01:57:57,360 >> It's probably not. It will it'll be 2920 01:57:57,360 --> 01:57:58,159 similar. 2921 01:57:58,159 --> 01:58:00,480 >> Perfect. Thank you. 2922 01:58:00,480 --> 01:58:02,000 >> I move to approve the purchase and 2923 01:58:02,000 --> 01:58:03,360 installation of the membranes from 2924 01:58:03,360 --> 01:58:05,280 Rubicon Environmental at a cost not to 2925 01:58:05,280 --> 01:58:07,920 exceed $16,200 to be paid for using 2926 01:58:07,920 --> 01:58:09,840 wastewater borrowed funds. 2927 01:58:09,840 --> 01:58:10,719 >> Second. 2928 01:58:10,719 --> 01:58:12,400 >> We have a motion and a second. Any 2929 01:58:12,400 --> 01:58:14,719 further discussion? 2930 01:58:14,719 --> 01:58:16,480 Seeing none. All in favor, please 2931 01:58:16,480 --> 01:58:18,080 signify by saying I. 2932 01:58:18,080 --> 01:58:18,800 >> I. 2933 01:58:18,800 --> 01:58:22,719 >> Any opposed? Motion carries. Thank you. 2934 01:58:22,719 --> 01:58:25,040 >> Item 11D, review and possible action 2935 01:58:25,040 --> 01:58:26,960 relating to a certified survey map for 2936 01:58:26,960 --> 01:58:29,760 the property located at 8:15 Jefferson 2937 01:58:29,760 --> 01:58:32,560 Street. The parcels listed below. Uh, 2938 01:58:32,560 --> 01:58:33,920 director of neighborhood and building 2939 01:58:33,920 --> 01:58:35,840 services, Trigger. 2940 01:58:35,840 --> 01:58:37,520 >> Yes, thank you. Uh, Opportunities 2941 01:58:37,520 --> 01:58:40,320 Incorporated has uh requested to combine 2942 01:58:40,320 --> 01:58:42,719 the two parcels. Uh this will facilitate 2943 01:58:42,719 --> 01:58:47,119 the construction of a uh activities 2944 01:58:47,119 --> 01:58:49,920 area. Uh industrial zoning or light 2945 01:58:49,920 --> 01:58:51,599 industrial is which the parcel is 2946 01:58:51,599 --> 01:58:53,119 currently zoned does not allow for that 2947 01:58:53,119 --> 01:58:55,199 to be a standalone use on a property. So 2948 01:58:55,199 --> 01:58:57,119 they're combining the two parcels and 2949 01:58:57,119 --> 01:58:58,800 then it will be an accessory use to 2950 01:58:58,800 --> 01:59:01,599 their to their principal use. Uh there 2951 01:59:01,599 --> 01:59:03,440 were some minor changes to the CSM that 2952 01:59:03,440 --> 01:59:05,520 were outlined by the engineer. Most of 2953 01:59:05,520 --> 01:59:06,800 those have been already addressed on 2954 01:59:06,800 --> 01:59:08,880 another version of the CSM, but they are 2955 01:59:08,880 --> 01:59:11,360 in this memo as needing to be replaced 2956 01:59:11,360 --> 01:59:14,320 or to be fixed. Um they're just minor 2957 01:59:14,320 --> 01:59:19,440 changes. Uh some names on the map and things of that nature. Uh the CSM is 2958 01:59:19,440 --> 01:59:20,560 not expected to have any financial 2959 01:59:20,560 --> 01:59:23,679 impact to the city. Um the project is 2960 01:59:23,679 --> 01:59:26,800 privately funded uh by opportunities and 2961 01:59:26,800 --> 01:59:29,280 is on private property. 2962 01:59:29,280 --> 01:59:30,960 Um, and staff does recommend the 2963 01:59:30,960 --> 01:59:32,400 commission recommend the city council 2964 01:59:32,400 --> 01:59:34,159 approve the preliminary certified survey 2965 01:59:34,159 --> 01:59:36,239 map for the property located at 815 2966 01:59:36,239 --> 01:59:38,639 Jefferson Street subject to the 2967 01:59:38,639 --> 01:59:40,639 conditions noted in the memo. I will 2968 01:59:40,639 --> 01:59:42,080 also point out that there will be a site 2969 01:59:42,080 --> 01:59:44,000 plan review uh that would have to be 2970 01:59:44,000 --> 01:59:45,520 approved in order for the project to 2971 01:59:45,520 --> 01:59:48,320 move forward past this point. 2972 01:59:48,320 --> 01:59:49,840 >> And the plan commission did actually 2973 01:59:49,840 --> 01:59:51,920 recommended that council approve this 2974 01:59:51,920 --> 01:59:54,159 CSM um subject to the conditions in the 2975 01:59:54,159 --> 01:59:56,000 staff report. So the recommendation is 2976 01:59:56,000 --> 02:00:00,790 that the the council approve it as well. 2977 02:00:00,800 --> 02:00:02,560 I move to approve the preliminary 2978 02:00:02,560 --> 02:00:04,480 certified survey map for the property 2979 02:00:04,480 --> 02:00:07,360 located at 8:15 Jefferson Street subject 2980 02:00:07,360 --> 02:00:09,280 to the conditions noted in the staff 2981 02:00:09,280 --> 02:00:10,400 report. 2982 02:00:10,400 --> 02:00:11,440 >> Second. 2983 02:00:11,440 --> 02:00:13,280 >> We have a motion and a second. Any 2984 02:00:13,280 --> 02:00:15,599 further discussion? 2985 02:00:15,599 --> 02:00:17,840 We'll just say their proposed idea of 2986 02:00:17,840 --> 02:00:21,760 what may be coming is a very 2987 02:00:21,760 --> 02:00:24,719 neat and very beneficial factor for the 2988 02:00:24,719 --> 02:00:27,520 community if they allow it or have do 2989 02:00:27,520 --> 02:00:29,440 proceed with this project. 2990 02:00:29,440 --> 02:00:29,920 >> I agree. 2991 02:00:29,920 --> 02:00:32,400 >> This is a very first step and something 2992 02:00:32,400 --> 02:00:35,520 big coming for that area. 2993 02:00:35,520 --> 02:00:38,000 So with that all in favor please signify 2994 02:00:38,000 --> 02:00:39,199 by saying I. 2995 02:00:39,199 --> 02:00:41,599 >> I oppose. 2996 02:00:41,599 --> 02:00:44,239 >> Motion carries. Thank you. 2997 02:00:44,239 --> 02:00:46,480 Item 11E, review and possible action 2998 02:00:46,480 --> 02:00:48,320 relating to a certified survey map for 2999 02:00:48,320 --> 02:00:50,320 the property located on Meta Lane with 3000 02:00:50,320 --> 02:00:52,159 the parcels listed. Director Drager 3001 02:00:52,159 --> 02:00:52,800 again. 3002 02:00:52,800 --> 02:00:54,800 >> Yes, thank you. Uh this is behind the 3003 02:00:54,800 --> 02:00:58,080 senior or Reena Senior Living Center. Uh 3004 02:00:58,080 --> 02:00:59,760 if you guys are familiar with that area, 3005 02:00:59,760 --> 02:01:01,679 there are two existing parcels uh that 3006 02:01:01,679 --> 02:01:03,679 would need to be combined to to move 3007 02:01:03,679 --> 02:01:05,599 forward with the proposed project of the 3008 02:01:05,599 --> 02:01:08,080 multifamily uh development uh that is 3009 02:01:08,080 --> 02:01:09,360 moving through the approval process. 3010 02:01:09,360 --> 02:01:12,320 Now, zoning was recently uh amended for 3011 02:01:12,320 --> 02:01:14,320 that for that particular project and 3012 02:01:14,320 --> 02:01:17,599 these sites. Um the plan commission did 3013 02:01:17,599 --> 02:01:19,760 recommend approval on their last meeting 3014 02:01:19,760 --> 02:01:21,760 on the 11th. Uh there was also a public 3015 02:01:21,760 --> 02:01:24,480 hearing held on the 11th and then there 3016 02:01:24,480 --> 02:01:26,000 was also a site plan review also 3017 02:01:26,000 --> 02:01:27,920 approved for this site already. Uh the 3018 02:01:27,920 --> 02:01:31,760 CSM does include uh two new culde-sacs 3019 02:01:31,760 --> 02:01:33,599 uh that would be installed per at the 3020 02:01:33,599 --> 02:01:35,840 cost of the developer uh at both the end 3021 02:01:35,840 --> 02:01:38,960 of Meta and Commonwealth. uh and as well 3022 02:01:38,960 --> 02:01:41,840 as an easement and public water uh loop 3023 02:01:41,840 --> 02:01:44,320 ran through the site uh for this 3024 02:01:44,320 --> 02:01:47,920 project. Um the CSM is meeting all the 3025 02:01:47,920 --> 02:01:52,480 requirements uh for the R MRM 12 zoning 3026 02:01:52,480 --> 02:01:55,760 uh as as it is currently zoned. So and 3027 02:01:55,760 --> 02:01:58,080 then also there's uh no financial impact 3028 02:01:58,080 --> 02:02:01,679 for the city. Uh but it does uh it does 3029 02:02:01,679 --> 02:02:04,480 facilitate uh the or the moving forward 3030 02:02:04,480 --> 02:02:06,639 of this project. that is in concert with 3031 02:02:06,639 --> 02:02:09,119 the comprehensive plan 3032 02:02:09,119 --> 02:02:10,960 and city staff does recommend the plan 3033 02:02:10,960 --> 02:02:14,800 commission recommend excuse me who well 3034 02:02:14,800 --> 02:02:17,280 looks like that was carried over sorry 3035 02:02:17,280 --> 02:02:18,800 city staff does recommend the city 3036 02:02:18,800 --> 02:02:21,199 council approved certified survey map 3037 02:02:21,199 --> 02:02:23,119 subject to the conditions outlined in 3038 02:02:23,119 --> 02:02:30,790 the SAP memo 3039 02:02:30,800 --> 02:02:32,320 every once in a while we do a copy and 3040 02:02:32,320 --> 02:02:33,760 paste and it doesn't get caught and I 3041 02:02:33,760 --> 02:02:36,000 apologize for 3042 02:02:36,000 --> 02:02:38,000 I move to approve the certified survey 3043 02:02:38,000 --> 02:02:39,599 map for the property located on Metal 3044 02:02:39,599 --> 02:02:41,040 Lane subject to the conditions outlined 3045 02:02:41,040 --> 02:02:42,320 in the staff report. 3046 02:02:42,320 --> 02:02:43,360 >> Second. 3047 02:02:43,360 --> 02:02:45,040 >> We have a motion and a second. Any 3048 02:02:45,040 --> 02:02:47,599 further discussion? 3049 02:02:47,599 --> 02:02:49,520 Seeing none, all those in favor, please 3050 02:02:49,520 --> 02:02:50,960 signify by saying I. 3051 02:02:50,960 --> 02:02:51,840 >> I. 3052 02:02:51,840 --> 02:02:55,599 >> Opposed? Motion carries. Item 11F, 3053 02:02:55,599 --> 02:02:57,760 review and possible action relating to a 3054 02:02:57,760 --> 02:02:59,440 certified survey map for the property 3055 02:02:59,440 --> 02:03:03,520 located at 550 McMillan Street ZMA 3056 02:03:03,520 --> 02:03:07,030 SPR2026-02. 3057 02:03:07,040 --> 02:03:08,159 Director Drager, 3058 02:03:08,159 --> 02:03:10,880 >> thank you. Hard to keep those files in 3059 02:03:10,880 --> 02:03:12,239 order if you're dealing with those every 3060 02:03:12,239 --> 02:03:13,920 day, especially when there's multiple 3061 02:03:13,920 --> 02:03:16,000 things going on with the same project. 3062 02:03:16,000 --> 02:03:17,679 Uh, as you said, this is on McMillan 3063 02:03:17,679 --> 02:03:19,679 Street, also at the end of Schumacher 3064 02:03:19,679 --> 02:03:21,920 Drive, a newly constructed Shoeacher 3065 02:03:21,920 --> 02:03:23,840 Drive last year with some new houses on 3066 02:03:23,840 --> 02:03:26,560 there. Uh, this uh CSM is combining two 3067 02:03:26,560 --> 02:03:28,800 existing parcels. uh they are required 3068 02:03:28,800 --> 02:03:30,639 to be combined to move forward project 3069 02:03:30,639 --> 02:03:33,760 for uh some four three-story structures 3070 02:03:33,760 --> 02:03:35,920 multif family structures same developer 3071 02:03:35,920 --> 02:03:38,400 as the previous CSM a slightly different 3072 02:03:38,400 --> 02:03:41,040 project but also very similar in having 3073 02:03:41,040 --> 02:03:42,560 reszoning the property and combining 3074 02:03:42,560 --> 02:03:44,320 parcels and creating some additional 3075 02:03:44,320 --> 02:03:45,520 housing units in the city of Port 3076 02:03:45,520 --> 02:03:47,679 Atinson uh plan commission did recommend 3077 02:03:47,679 --> 02:03:49,840 approval on the 11th also for this one 3078 02:03:49,840 --> 02:03:51,760 there was a public hearing uh held for 3079 02:03:51,760 --> 02:03:53,920 the group's development and a site plan 3080 02:03:53,920 --> 02:03:57,520 review was approved as well on 811 3081 02:03:57,520 --> 02:03:59,679 With the CSM, there is a new culde-sac 3082 02:03:59,679 --> 02:04:01,360 that would be installed at the end of 3083 02:04:01,360 --> 02:04:03,599 Shoeacher as well as a loop of the water 3084 02:04:03,599 --> 02:04:06,080 man with an easement in place making 3085 02:04:06,080 --> 02:04:08,960 that water main public. Uh CSM is 3086 02:04:08,960 --> 02:04:10,400 meeting the minimum standards for the 3087 02:04:10,400 --> 02:04:12,639 MRH30 zoning uh which is already in 3088 02:04:12,639 --> 02:04:14,480 place. There were some minor mapping 3089 02:04:14,480 --> 02:04:16,800 errors that were were outlined uh that 3090 02:04:16,800 --> 02:04:19,199 would need to be resolved. Uh there's no 3091 02:04:19,199 --> 02:04:21,119 financial impact to the city. Uh 3092 02:04:21,119 --> 02:04:22,960 however, it would create some additional 3093 02:04:22,960 --> 02:04:24,159 housing units in the city of Fort 3094 02:04:24,159 --> 02:04:27,760 Atinson. And then staff and the plan 3095 02:04:27,760 --> 02:04:28,960 commission recommend approval 3096 02:04:28,960 --> 02:04:31,040 preliminary certified survey map for the 3097 02:04:31,040 --> 02:04:33,119 property located at 550 McMillan Street 3098 02:04:33,119 --> 02:04:35,040 subject to the following conditions. All 3099 02:04:35,040 --> 02:04:37,679 the city engineers comments and uh 3100 02:04:37,679 --> 02:04:40,159 approval of the conditional use permit 3101 02:04:40,159 --> 02:04:42,080 and then any other recommendations the 3102 02:04:42,080 --> 02:04:44,320 city council may have. Welcome. Any 3103 02:04:44,320 --> 02:04:47,199 questions? 3104 02:04:47,199 --> 02:04:49,360 the public hearing that you referenced 3105 02:04:49,360 --> 02:04:53,360 um is that that was that um the 3106 02:04:53,360 --> 02:04:54,800 presentation that was held here. There 3107 02:04:54,800 --> 02:04:56,719 are a couple dozen people or was that 3108 02:04:56,719 --> 02:04:57,760 something in addition to that? 3109 02:04:57,760 --> 02:04:58,880 >> This was a public hearing for the 3110 02:04:58,880 --> 02:05:00,239 conditional use permit. 3111 02:05:00,239 --> 02:05:03,840 >> Okay. Um at that hearing um did it 3112 02:05:03,840 --> 02:05:06,000 generate much input or question 3113 02:05:06,000 --> 02:05:07,840 discussion from the community members? 3114 02:05:07,840 --> 02:05:14,310 >> There was no public input on that one. 3115 02:05:14,320 --> 02:05:16,400 I move to approve the certified survey 3116 02:05:16,400 --> 02:05:18,560 map for the property located at 550 3117 02:05:18,560 --> 02:05:21,360 McMillan McMillan Street subject to the 3118 02:05:21,360 --> 02:05:24,080 conditions outlined in the staff report. 3119 02:05:24,080 --> 02:05:25,040 >> Second. 3120 02:05:25,040 --> 02:05:26,800 >> We have a motion and a second. Any 3121 02:05:26,800 --> 02:05:29,520 further discussion? 3122 02:05:29,520 --> 02:05:31,360 Seeing none, all those in favor, please 3123 02:05:31,360 --> 02:05:32,960 signify by saying I. 3124 02:05:32,960 --> 02:05:33,520 >> I. 3125 02:05:33,520 --> 02:05:35,840 >> Any opposed? Motion carries. 3126 02:05:35,840 --> 02:05:36,239 >> Thank you. 3127 02:05:36,239 --> 02:05:38,800 Item 12, miscellaneous. We 3128 02:05:38,800 --> 02:05:41,280 have none. Item 13, public comment for 3129 02:05:41,280 --> 02:05:43,520 matters not on the agenda. The city 3130 02:05:43,520 --> 02:05:45,440 council will receive comments from city 3131 02:05:45,440 --> 02:05:47,280 residents. Comments are limited to three 3132 02:05:47,280 --> 02:05:49,119 minutes per individual. Anyone wishing 3133 02:05:49,119 --> 02:05:50,719 to speak is required to sign up in 3134 02:05:50,719 --> 02:05:52,880 advance or state the following items for 3135 02:05:52,880 --> 02:05:54,639 the record when called upon. Name, 3136 02:05:54,639 --> 02:05:56,639 address, and subject matter and contact 3137 02:05:56,639 --> 02:05:59,119 information. No action or response from 3138 02:05:59,119 --> 02:06:00,880 the council will be taken on any public 3139 02:06:00,880 --> 02:06:02,880 comment during this meeting. Note for 3140 02:06:02,880 --> 02:06:05,360 those on Zoom, if you wish to wish to 3141 02:06:05,360 --> 02:06:07,679 speak, please raise your virtual hand as 3142 02:06:07,679 --> 02:06:09,760 the chat box is not monitored and those 3143 02:06:09,760 --> 02:06:11,520 on the call must remain muted unless 3144 02:06:11,520 --> 02:06:14,880 recognized to speak. Uh, first we have 3145 02:06:14,880 --> 02:06:24,229 John Donahghue signed up to speak. 3146 02:06:24,239 --> 02:06:26,400 Good evening. My name is John Donahghue, 3147 02:06:26,400 --> 02:06:29,920 residing at 1550 Ravine Street, Fort 3148 02:06:29,920 --> 02:06:31,679 Atkinson. 3149 02:06:31,679 --> 02:06:35,040 With the completion of the August 11th 3150 02:06:35,040 --> 02:06:38,719 state primary election last Tuesday, I 3151 02:06:38,719 --> 02:06:41,119 just wish to inform this governing body 3152 02:06:41,119 --> 02:06:42,960 this evening that I am a candidate for 3153 02:06:42,960 --> 02:06:45,520 the office of state representative 3154 02:06:45,520 --> 02:06:48,719 for the Wisconsin Assembly District 46 3155 02:06:48,719 --> 02:06:50,960 on the November 3rd general election 3156 02:06:50,960 --> 02:06:54,000 ballot. City of Fort Atkinson is the 3157 02:06:54,000 --> 02:06:56,400 largest municipality 3158 02:06:56,400 --> 02:06:59,520 in Assembly District 46. 3159 02:06:59,520 --> 02:07:01,280 Most people in this room tonight have 3160 02:07:01,280 --> 02:07:03,679 known me as a citizen who stands ready, 3161 02:07:03,679 --> 02:07:08,000 willing, and able to serve all citizens. 3162 02:07:08,000 --> 02:07:09,920 I have demonstrated this positive 3163 02:07:09,920 --> 02:07:12,239 outlook through various local civic 3164 02:07:12,239 --> 02:07:14,159 initiatives 3165 02:07:14,159 --> 02:07:16,400 over recent years. 3166 02:07:16,400 --> 02:07:18,400 Likewise, if elected in November, I 3167 02:07:18,400 --> 02:07:20,960 assure you that I will work tirelessly 3168 02:07:20,960 --> 02:07:23,119 to represent the interests of the city 3169 02:07:23,119 --> 02:07:26,000 of Fort Atkinson and its citizens 3170 02:07:26,000 --> 02:07:28,800 and to be totally and fully responsive 3171 02:07:28,800 --> 02:07:31,199 to the citizens and taxpayers of this 3172 02:07:31,199 --> 02:07:34,480 city within the constitutional scope of 3173 02:07:34,480 --> 02:07:38,000 my duties as state representative. Thank 3174 02:07:38,000 --> 02:07:38,800 you. 3175 02:07:38,800 --> 02:07:41,920 >> Thank you. 3176 02:07:41,920 --> 02:07:43,840 We don't have anyone else signed up in 3177 02:07:43,840 --> 02:07:45,679 person tonight. So, this will be a first 3178 02:07:45,679 --> 02:07:48,320 call for anyone on Zoom wishing to 3179 02:07:48,320 --> 02:07:53,589 provide public comment. 3180 02:07:53,599 --> 02:07:55,599 Second call for anyone on Zoom wishing 3181 02:07:55,599 --> 02:08:01,510 to provide public comment for matters. 3182 02:08:01,520 --> 02:08:04,400 Seeing none, we will close out and move 3183 02:08:04,400 --> 02:08:06,880 on to item 14, claims, appropriations, 3184 02:08:06,880 --> 02:08:09,840 and contract payments. 14A is review and 3185 02:08:09,840 --> 02:08:11,679 possible action relating to the verified 3186 02:08:11,679 --> 02:08:13,199 claims presented by the director of 3187 02:08:13,199 --> 02:08:16,079 finance and authorized payment. 3188 02:08:16,079 --> 02:08:18,400 >> I move to approve the verified claims as 3189 02:08:18,400 --> 02:08:19,920 presented. 3190 02:08:19,920 --> 02:08:20,960 >> Second. 3191 02:08:20,960 --> 02:08:22,880 >> We have a motion and a second. This is a 3192 02:08:22,880 --> 02:08:27,990 roll call vote. 3193 02:08:28,000 --> 02:08:29,520 » Council member Huckabe. 3194 02:08:29,520 --> 02:08:30,400 >> I. 3195 02:08:30,400 --> 02:08:32,079 >> Council member Johnson. 3196 02:08:32,079 --> 02:08:32,960 >> I. 3197 02:08:32,960 --> 02:08:34,560 >> Council member Leahair. 3198 02:08:34,560 --> 02:08:35,199 >> Hi. 3199 02:08:35,199 --> 02:08:36,560 >> Council member Price. 3200 02:08:36,560 --> 02:08:37,040 >> I. 3201 02:08:37,040 --> 02:08:40,480 >> President Jacob. I motion carries. Item 3202 02:08:40,480 --> 02:08:42,880 15, close session. The city council may 3203 02:08:42,880 --> 02:08:44,480 adjourn into close session under 3204 02:08:44,480 --> 02:08:48,800 Wisconsin statute 19.85 sub1 sub E to 3205 02:08:48,800 --> 02:08:51,119 conduct other specified business where 3206 02:08:51,119 --> 02:08:53,679 competitive bargaining or competitive or 3207 02:08:53,679 --> 02:08:55,440 bargaining purposes require a close 3208 02:08:55,440 --> 02:08:57,920 session. This is under the review of 3209 02:08:57,920 --> 02:08:59,840 offer to purchase lot one in the Clement 3210 02:08:59,840 --> 02:09:01,440 business park. 3211 02:09:01,440 --> 02:09:02,880 >> Before the council goes into close 3212 02:09:02,880 --> 02:09:04,480 session, I just want to provide a quick 3213 02:09:04,480 --> 02:09:06,800 update. our financial adviser did uh 3214 02:09:06,800 --> 02:09:08,719 reach out to me and let me know that you 3215 02:09:08,719 --> 02:09:11,280 can amend it four times. So, just wanted 3216 02:09:11,280 --> 02:09:12,960 to let everybody know that before you go 3217 02:09:12,960 --> 02:09:14,560 into close session. So, thank you. 3218 02:09:14,560 --> 02:09:16,239 >> Thank you. 3219 02:09:16,239 --> 02:09:18,719 >> I moved to I move to adjourn into close 3220 02:09:18,719 --> 02:09:21,679 session under Wisconsin statute 19.85 3221 02:09:21,679 --> 02:09:24,239 sub1 sub to conduct other specified 3222 02:09:24,239 --> 02:09:26,400 business where competitive or bargaining 3223 02:09:26,400 --> 02:09:28,639 purposes require a close session to 3224 02:09:28,639 --> 02:09:30,880 review an offer to purchase property in 3225 02:09:30,880 --> 02:09:32,719 the Clement Business Park. 3226 02:09:32,719 --> 02:09:34,800 >> Second. Okay, we have a motion and a 3227 02:09:34,800 --> 02:09:39,589 second. This is a roll call vote. 3228 02:09:39,599 --> 02:09:40,880 » Council member Huckabe 3229 02:09:40,880 --> 02:09:41,360 >> I. 3230 02:09:41,360 --> 02:09:42,800 >> Council member Johnson 3231 02:09:42,800 --> 02:09:43,520 >> I. 3232 02:09:43,520 --> 02:09:45,119 >> Council member Lesair 3233 02:09:45,119 --> 02:09:45,760 >> I. 3234 02:09:45,760 --> 02:09:47,119 >> Council member Price 3235 02:09:47,119 --> 02:09:47,760 >> I. 3236 02:09:47,760 --> 02:09:48,719 >> President Jacob 3237 02:09:48,719 --> 02:09:52,800 >> I. Motion carries. We are in going into 3238 02:09:52,800 --> 02:09:56,079 close session. We may return after to 3239 02:09:56,079 --> 02:10:03,109 take action. 3240 02:10:03,119 --> 02:10:04,800 Move to adjourn. 3241 02:10:04,800 --> 02:10:07,520 >> Not quite. 3242 02:10:07,520 --> 02:10:09,840 >> We have council may reconvene into open 3243 02:10:09,840 --> 02:10:12,880 session and take action on the offer to 3244 02:10:12,880 --> 02:10:14,639 purchase lot one in the Clement Business 3245 02:10:14,639 --> 02:10:19,750 Park. 3246 02:10:19,760 --> 02:10:22,159 » I move to approve the offer to purchase 3247 02:10:22,159 --> 02:10:24,239 lot one in the Clement Business Park 3248 02:10:24,239 --> 02:10:27,280 from Wisconsin Development Partners LLC 3249 02:10:27,280 --> 02:10:30,000 and the associated addendum one. 3250 02:10:30,000 --> 02:10:31,040 >> Second. 3251 02:10:31,040 --> 02:10:32,880 >> We have a motion and a second. Any 3252 02:10:32,880 --> 02:10:33,920 further discussion? 3253 02:10:33,920 --> 02:10:35,840 >> I would just say anyone who doubted that 3254 02:10:35,840 --> 02:10:39,280 when we when it was said a couple years 3255 02:10:39,280 --> 02:10:41,760 ago that all it would take is a little 3256 02:10:41,760 --> 02:10:43,679 bit of earth moving in the city and to 3257 02:10:43,679 --> 02:10:46,079 draw some further interest. Um if you 3258 02:10:46,079 --> 02:10:48,239 doubted that 3259 02:10:48,239 --> 02:10:50,159 hopefully you have become a believer 3260 02:10:50,159 --> 02:10:53,199 now. the last two years has, you know, 3261 02:10:53,199 --> 02:10:55,760 once once the north side get going, the 3262 02:10:55,760 --> 02:10:58,480 this whole area is just booming and not 3263 02:10:58,480 --> 02:11:00,159 just our community, Jefferson and the 3264 02:11:00,159 --> 02:11:01,920 whole county is really helping and 3265 02:11:01,920 --> 02:11:04,400 seeing the effects. So hopefully this 3266 02:11:04,400 --> 02:11:06,400 chain of life just keeps going. 3267 02:11:06,400 --> 02:11:07,840 >> Let's hope this is an example of a 3268 02:11:07,840 --> 02:11:11,440 snowball downhill just keeps going. 3269 02:11:11,440 --> 02:11:13,199 >> So we have the motion and a second. All 3270 02:11:13,199 --> 02:11:15,920 in favor, please signify by saying I. 3271 02:11:15,920 --> 02:11:16,639 >> I. 3272 02:11:16,639 --> 02:11:20,560 >> Opposed? Motion carries. Now we can move 3273 02:11:20,560 --> 02:11:21,599 for adjournment. 3274 02:11:21,599 --> 02:11:23,199 >> Move to adjourn. 3275 02:11:23,199 --> 02:11:24,239 >> Second. 3276 02:11:24,239 --> 02:11:26,639 >> Motion a second. All in favor? 3277 02:11:26,639 --> 02:11:27,280 >> I. 3278 02:11:27,280 --> 02:11:28,800 >> Any oppose? 3279 02:11:28,800 --> 02:11:32,199 >> We are adjourned.