City of Baraboo Common Council AgendaD06131C5-F452-44C7... · ... Approve the Taxi Operating and...

City of Baraboo Common Council Agenda 1

AGENDACITY OF BARABOO COMMON COUNCIL

Council Chambers, 135 4th Street, Baraboo, WisconsinTuesday, January 9, 2018, 7:00 P.M.

Regular meeting of the Common Council, Mayor Palm presiding.Notices sent to Council members: Wedekind, Kolb, Plautz, Sloan, Petty, Ellington, Alt, Zolper, and Thurow

Notices sent to City Staff and Media: Atty. Truman, Adm. Geick, Clerk Giese, Finance Director Haggard, City EngineerPinion, Utility Super. Peterson, Street Super. Gilman, Police Chief Schauf, Parks & Recreation Dir. Hardy, CityTreasurer Laux, Fire Chief Kevin Stieve, Library Director Allen, CDA Director, the News Republic, WBDL, andWRPQ, Michael Pichler

Notices sent to other interested parties: Citizen Agenda Group, Media Agenda Group

CALL TO ORDER

ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF PREVIOUS MINUTES - (Voice Vote): December 12, 2017

APPROVAL OF AGENDA (Voice vote):

COMPLIANCE WITH OPEN MEETING LAW NOTED

PRESENTATION -

PUBLIC INVITED TO SPEAK (Any citizen has the right to speak on any item of business that is on the agendafor Council action if recognized by the presiding officer.)

MAYOR'S COMMENTS - The Mayor would like to congratulate School Resource Officer Michael Pichler on his15th Anniversary with the Baraboo Police Department. Thank you Mike!

CONSENT AGENDA (roll call)CA-1…Approve the accounts payable to be paid in the amount of $_____________

CA-2…Approve the Taxi Operating and Capital Assistance grant application for 2018, policy changes for the taxiprogram, and the 2018 Lease Agreement.

NEW BUSINESS ORDINANCESNBO-1…Approve parking stall for persons with a disability that limits or impairs the ability to walk on the south sideof 2nd Street immediately east of the driveway at 522 2nd Street and on the south side of 14th Street immediately westof the entrance walk at 880 14th Street.

NBO-2…Approve revision to §7.02(2)(b)2 that no parking any time on the north end of Park Street from Aztec Placenorth.

NBO-3…Approve amending §1.48 to reflect the polling location for the City of Baraboo.

NEW BUSINESS RESOLUTIONSNBR-1…Approve awarding the sale of $2,070,000 General Obligation Corporate Purpose Bonds, Series 2018A.

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City of Baraboo Common Council Agenda 2

NBR-2…Approve Fire Chief to sell the 1992 Pierce Lance Fire Engine to the City of Gassville, AR for $30,000.

NBR-3…Approve Baraboo Broadcasting Agreement for 3 yrs. 2018-2020.

NBR-4…Approve Mutual Assistance MOU with Ho-Chunk Nation.

MAYOR, ADMINISTRATOR, AND COUNCIL COMMENTS

REPORTS, PETITIONS, AND CORRESPONDENCE - The City acknowledges receipt and distribution ofthe following: Reports from November & December, 2017 – Treasurer, Fire Department

Minutes from the Following Meetings -Copies of these meeting minutes are included in your packet:

Finance/Personnel 12-12-17 Administrative Committee 12-04-17BEDC Business Walk 11-27-17

Copies of these meeting minutes are on file in the Clerk's office:Library Board 11-21-17 Library Expansion Committee 11-30-17Library Expansion Committee 12-05-17 Park & Recreation Commission 11-13-17, 12-11-17Baraboo Public Art Association 10-26-17

Petitions and Correspondence Being ReferredLetter from Earl Koedinger regarding the registration fee

INFORMATION

ADJOURNMENT (Voice Vote)Cheryl Giese, City Clerk-Finance Director

For more information about the City of Baraboo, visit our website at www.cityofbaraboo.com.

JANUARY 2018

Monday Tuesday Wednesday Thursday Friday Saturday Sunday

1 New Year’s Day

Offices Closed2 CDA 3 4 BEDC 5 6 7

8 Administrative

Park & Rec

9 FinanceCouncil

10 11 12 13 14

15 PFC 16 Library

Plan

17 BID

SCDC

18 UW 19 20 21

22 23 Finance

Council

24 25 Em. Mgt. 26 27 28

29 Public Safety 30 31 Ambulance

PLEASE TAKE NOTICE - Any person who has a qualifying disability as defined by the Americans withDisabilities Act who requires the meeting or materials at the meeting to be in an accessible location or format, shouldcontact the City Clerk at 135 4th St., or phone 355-2700 during regular business hours at least 48 hours before themeeting so reasonable arrangements can be made to accommodate each request.

Agenda jointly prepared by D. Munz and C. GieseAgenda posted on 01/05/2018

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City of Baraboo Council Minutes December 12, 2017 Volume 41 Page #432

Council Chambers, Municipal Building, Baraboo, WisconsinTuesday, December 12, 2017 –7:00 p.m.

Mayor Palm called the regular meeting of Council to order.Roll call was taken.Council Members Present: Wedekind, Kolb, Plautz, Sloan, Petty, Ellington, Alt, Zolper, ThurowCouncil Members Absent:Others Present: Finance Director Haggard, Adm. Geick, Attny. Truman, Chief Schauf, T. Pinion, W.Peterson, B. Zeman, Jim Mann, Tom Fitzwilliam, members of the press and others.

The Pledge of Allegiance was given.

Moved by Alt, seconded by Kolb and carried to approve the minutes of November 28, 2017.

Moved by Sloan, seconded by Petty and carried to approve the agenda.

Compliance with the Open Meeting Law was noted.

P RE S E N TA TIO N -Jim Mann from Ehler’s addressed the Council regarding the Series 2018A, newbond issuance, and the Series 2018B, refunding of previous debt. The 2018A issuance is for thepurpose of three projects, streets, stormwater, and the airport. 2018B is the refunding of 2010taxable bonds.

P UB L IC IN V ITE D TO S P E A K –No one spoke.

M A YO R’S C O M M E N TS –TheM ayorrecognizeethefollow ingfirepersonnelon theiranniversariesw ith the B araboo FireD epartment.C ongratulationsto each of you forall yourcontributions,dedication,andcommitment to thecitizensof B araboo.

Mark Willer –5years

Jeff Beckwith –30years

Tom Clark –30years

Steve Pointon –40years

C O N S E N T A GE N D AResolution No. 17-106

THAT the Accounts Payable, in the amount of $637,920.31 as recommended for payment by theFinance/Personnel Committee, be allowed and ordered paid.

Moved by Petty, seconded by Sloan and carried that the Consent Agenda be approved-9 ayes.

N E W B US IN E S SResolu tions:

Resolution No. 17-107WHEREAS, Wisconsin Statute 7.30 requires that election inspectors be named prior to

December 31st of all odd numbered years.

NOW THEREFORE BE IT RESOLVED that the following election officials are appointedfor 2018-2019 elections.

Adkins Ann Dills June Kingery Patricia Rogers Donald

Allen Karen Dimmick Jean Kingery Vernon Rogers Jean

Alt Dorothy Earl Barbara Kluge Dennis Roth Geraldine

Alt Jean Edwards Mary Kluge Marla Sauey Bonnie

Ament Deri Ellis Andy Konen Janet Shogren Raymonda3


Barrix Tom Ellis Jane Kramer Terry Slinde Cheryl

Bellis Mary Ellis Sandy Krueger Geraldine Smith DennisBobeck Rosemary Elsen Mary Pat Krueger Jean Spencer Judy

Bodette Jacklyn Ernst Marian Krueger Karl Stavnaw Marilyn

Botham Stephen Fletcher John Lewis Judy Steiner Duane

Briggs Judith Frank Charlene Lombard Andrea Steiner Patte

Burgess Joyce Goethel Terry Marking Jeanne Sturgis June

Burton Ann Hamshire Sharon Niles Susan Thomas Diane

Caflisch Craig Hanke Delorice Otis Linda Voltz Marilyn

Campbell Leslie Hanley Mark Paape Deb Waddell Marlene

Christiansen Stephanie Hendricks Terri Peidelstein Nancy Weis Donna

Clark Sara Herbst Jean Petrie Mary Weis Joseph

Clingman Suzanne Holzem Gayla Pollard Lila Wick Bonnie

Cowan Bergene Jackson Sandra Pollard Tom Wiegand Victori

Crawford Jackie Jauch Robert Quandt Beverly Wight Doris

Dagnon Nanette Jensen Alice Rau Judith Zimprich Laurana

Deppe Mary Kaney Gaynold Reith Judith Pointon Alonna

Board of Canvassers Tabulator AlternatesAnn Adkins Lori LauxMary Petrie Bonnie MeekerStephanie Christiansen Jessie Atkinson

Cynthia Haggard

FURTHER, that the election worker wages be set at $9.25 per hour for election inspectorsand $10.25 per hour for chairpersons effective January 1, 2018.

Moved by Sloan, seconded by Ellington and carried that Resolution No. 17-107 be approved-9 ayes.

Resolution No. 17-108To adopt the recommendations of the GovHR Pay and Classification Plan study of 2017.

Moved by Wedekind, seconded by Petty and carried that Resolution No. 17-108 be approved-9 ayes.

Resolution No. 17-109THAT the low bid of Staab Construction Corporation in the amount of $2,363,000 is hereby

accepted and all other bids are rejected, and

THAT the Mayor and City Clerk are authorized to execute the contract documents.

Moved by Sloan, seconded by Wedekind and carried that Resolution No. 17-109 beapproved-9 ayes.

Resolution No. 17-110To approve the contract with MSA Professional Services for the Construction Administration and

Observation services for the Biosolids Process Upgrade for a not to exceed amount of $278,630.

Moved by Wedekind, seconded by Kolb and carried that Resolution No. 17-110 beapproved-9 ayes.

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Resolution No. 17-111Whereas, the Baraboo Municipal Code permits a maximum of two dogs per household, and

Whereas, the Baraboo Municipal Code allows the Common Council to grant a specialexemption permit for more than two dogs per household, and

Whereas, Geri-rae Herritz has requested the Common Council grant her a special exemptionpermit allowing three dogs in her household, and

Whereas, Geri-rae Herritz states she should be granted a special exemption permit because ofher change in circumstances, namely her son moving into her residence with his dog, and

Whereas, all requirements for the dogs pursuant to Baraboo Municipal Code s. 12.13(14)(c),et seq., shall apply to the dogs residing in Ms. Herritz’s residence.

Now therefore be it resolved by the Common Council of the City of Baraboo, SaukCounty, Wisconsin, that:

The Common Council grants a special exemption permit to Geri-rae Herritz allowing forthree dogs to reside in her residence until one of the three dogs passes, after which time she shall berequired to keep no more than two dogs in her residence.

Moved by Ellington, seconded by Wedekind and carried that Resolution No. 17-111 beapproved-9 ayes.

Resolution No. 17-112That the proposal from CCC Technologies, Inc. for an Avaya IP Office VOIP telephone

system at a cost of $12,032.63 for the City Services Center and $999.98 for the Civic Center ishereby approved.

Moved by Kolb, seconded by Alt and carried that Resolution No. 17-112 be approved-9ayes.

Resolution No. 17-113BE IT RESOLVED by the Common Council of the City of Baraboo, Sauk County,

Wisconsin, that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, generalobligation bonds in an amount not to exceed $1,620,000 for the public purpose of paying the costof street improvement projects.

Moved by Petty, seconded by Sloan and carried that Resolution No. 17-113 be approved-9ayes.

Resolution No. 17-114BE IT RESOLVED by the Common Council of the City of Baraboo, Sauk County,

Wisconsin, that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, generalobligation bonds in an amount not to exceed $255,000 for the public purpose of paying the costof sewerage projects, consisting of stormwater projects.

Moved by Ellington, seconded by Alt and carried that Resolution No. 17-114 be approved-9ayes.

Resolution No. 17-115BE IT RESOLVED by the Common Council of the City of Baraboo, Sauk County, 5


Wisconsin, that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, generalobligation bonds in an amount not to exceed $195,000 for the public purpose of paying the costof airport projects.

Moved by Wedekind, seconded by Ellington and carried that Resolution No. 17-115 beapproved-9 ayes.

Resolution No. 17-116WHEREAS, initial resolutions authorizing general obligation bonds have been adopted

by the Common Council of the City of Baraboo, Sauk County, Wisconsin (the "City") and it isnow necessary that said initial resolutions be published to afford notice to the residents of theCity of their adoption;

NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall, within 15 days,publish a notice to the electors in substantially the form attached hereto in the official Citynewspaper as a class 1 notice under ch. 985, Wis. Stats.


Resolution No. 17-117WHEREAS, the City of Baraboo, Sauk County, Wisconsin (the "City") has adopted

initial resolutions (the "Initial Resolutions") authorizing the issuance of general obligation bondsfor the following public purposes and in the following amounts:

(a) $1,620,000 for street improvement projects;

(b) $255,000 for sewerage projects, consisting of stormwater projects; and

(c) $195,000 for airport projects.

WHEREAS, the Common Council hereby finds and determines that the projectsdescribed in the Initial Resolutions are within the City's power to undertake and therefore servesa "public purpose" as that term is defined in Section 67.04(1)(b), Wisconsin Statutes;

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City that:

Section 1. Combination of Issues. The issues referred to above are hereby combined intoone issue of bonds designated "General Obligation Corporate Purpose Bonds, Series 2018A" (the"Bonds") in an amount not to exceed $2,070,000 for the purposes above specified.

Section 2. Sale of the Bonds. The Common Council hereby authorizes and directs thatthe Bonds be offered for public sale. At a subsequent meeting, the Common Council shallconsider such bids for the Bonds as may have been received and take action thereon.

Section 3. Notice of Sale. The City Clerk (in consultation with the City's financialadvisor, Ehlers & Associates, Inc. ("Ehlers")) is hereby authorized and directed to cause the saleof the Bonds to be publicized at such times and in such manner as the City Clerk may determineand to cause copies of a complete Notice of Sale and other pertinent data to be forwarded tointerested bidders as the City Clerk may determine.

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Section 4. Official Statement. The City Clerk (in consultation with Ehlers) shall alsocause an Official Statement to be prepared and distributed. The appropriate City officials shalldetermine when the Official Statement is final for purposes of Securities and ExchangeCommission Rule 15c2-12 and shall certify said Statement, such certification to constitute fullauthorization of such Statement under this resolution.


Resolution No. 17-118

WHEREAS, the City of Baraboo, Sauk County, Wisconsin (the "City") is presently in needof approximately $1,760,000 for the public purpose of refunding the 2020 through 2030 maturitiesof the Taxable General Obligation Corporate Purpose Bonds, dated December 27, 2010 and otherobligations of the City (collectively, the "Refunded Obligations"); and

WHEREAS, the Common Council deems it to be necessary, desirable and in the bestinterest of the City to borrow said funds through the issuance of general obligation refunding bonds.


Section 1. Issuance of the Bonds. The City shall issue its Taxable General ObligationRefunding Bonds, Series 2018B in the approximate amount of $1,760,000 (the "Bonds") for thepurposes above specified.

Section 2. Sale of Bonds. The Common Council hereby authorizes and directs that theBonds be offered for public sale. At a subsequent meeting, the Common Council shall considersuch bids for the Bonds as may have been received and take action thereon.

Section 3. Notice of Sale. The City Clerk (in consultation with the City's financialadvisor, Ehlers & Associates, Inc. ("Ehlers")) be and hereby is directed to cause notice of the saleof the Bonds to be disseminated in such manner and at such times as the City Clerk maydetermine and to cause copies of a complete Notice of Sale and other pertinent data to beforwarded to interested bidders as the City Clerk may determine.

Section 4. Official Statement. The City Clerk (in consultation with Ehlers) shall causean Official Statement to be prepared and distributed. The appropriate City officials shalldetermine when the Official Statement is final for purposes of Securities and ExchangeCommission Rule 15c2-12 and shall certify said Official Statement, such certification toconstitute full authorization of such Official Statement under this resolution.

Moved by Sloan to approve resolution less the refunding of the 2011 bank note that will bedone through Baraboo National Bank, seconded by Petty and carried that Resolution No. 17-118 beapproved-9 ayes.

M A YO R,A D M IN IS TRA TO R,A N D C O UN C IL C O M M E N TSThe Mayor announced that unless a time sensitive matter is brought to our attention, the December26th, 2017 Council Meeting will be cancelled.

RE P O RTS and M IN UTE SThe City officially acknowledges receipt and distribution of the following:Monthly Reports for March, 2017 from –Building Inspection

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Minutes from the Following Meetings –Finance/Personnel Committee –Council Chambers November 28, 2017Members Present: Petty, Thurow, SloanAbsent: noneOthers Present: Mayor Palm, E. Geick, E. Truman, C. Haggard, W. Peterson, T. Pinion, P. Cannon, M. Schauf,B. Zeman, Phil Wedekind, Matt Boedinger

Call to Order –Ald. Petty called the meeting to order at 6:00 p.m. noting compliance with the Open Meeting Law. Moved bySloan, seconded by Thurow to adopt the agenda and carried unanimously. Moved by Sloan, seconded by Thurow to approve theminutes of November 14, 2017. Motion carried unanimously.

Accounts Payable –Moved by Sloan seconded by Thurow to recommend to Council approval of the accounts payable for$433,938.23. Motion carried unanimously.

Land Sale –The Plan Commission did recommend the sale of city-owned property to Matthew Boegner and Kristin Harrington-Boegner at their November meeting. Matt Boedinger explained the proposed layout to Committee members. Moved by Sloan,seconded by Thurow to proceed with the sale of this city-owned property.

Room Tax Agreement –The Committee reviewed the Room Tax Agreement for 2018. Attorney Truman explained that theagreement is very similar from last years. She also noted that the fiscal years listed in the Agreement should be reversed. Movedby Sloan, seconded by Thurow to recommend the agreement to Council with the modifications offered by City Attorney Truman.

Alma Waite Budget –Mayor Palm explained that the Alma Waite Budget has been revised to include a $500 donation towardsthe Art Fair Tours and decreasing the Al Ringling Theatre by $500. These revisions have been made in order to keep thedonations within budget. Ald. Petty expressed gratitude that with these changes we were still able to make a donation to the ArtFair Tours. Moved by Sloan, seconded by Thurow and carried unanimously to recommend the budget to Council for approval.

Sanitary Sewer Utility –W. Peterson explained that the 2018 budget includes a 5.4% increase within the City and a 4.3%decrease in outlying areas. Included in the budget is the purchase of a new jet vac truck and replacing a 1938 building at theSewer Treatment Plant. Moved by Sloan, seconded by Thurow and carried unanimously to recommend the budget to Council forapproval.

Water Utility –W. Peterson explained there are no rate increases included for 2018. The 2018 projects include water mainreplacement, lead service replacement, replacement of fire hydrants, Well #2 rehab, and purchasing inventory software. Movedby Sloan, seconded by Thurow and carried unanimously to recommend the budget to Council for approval.

Stormwater Utility –T. Pinion explained there is no rate increase for 2018. Moved by Sloan, seconded by Thurow and carriedunanimously to recommend the budget to Council for approval.

Airport –Adm. Geick explained the proposed 2018 Airport budget which includes the runway project. Moved by Sloan,seconded Thurow and carried unanimously to recommend to Council for action.

Tax Levy –The Committee reviewed the proposed tax levy for 2018. Moved by Sloan, seconded by Thurow and carriedunanimously to recommend to Council for action.

BID Budget –The committee reviewed the proposed 2018 BID Budget. Moved by Sloan, seconded by Thurow and carriedunanimously to recommend to Council for action.

Line of Credit –The City received bids from 3 local banks for the purpose of borrowing the lease payment for the PublicSafety/Administration bldg.. Of the bids received, Baraboo National Bank was the most attractive offer. Moved by Sloan,seconded by Thurow and carried unanimously to recommend to Council for action.

Comments: none

Adjournment –Moved by Sloan, seconded by Thurow and carried to adjourn at 6:36 p.m.

Insurance/Claims Committee - Open November 27, 2017Members Present: Administrator, Ed Geick; Director of Public Works, Tom Pinion: Police Chief, MarkSchaufOthers Present: City Attorney, Emily Truman, Clerk/Finance Director, Cheryl Giese; Finance Director,Cynthia HaggardCitizens Present: NoneGeick called the meeting to order at 11:00AM and noted compliance with the Open Meeting Law. Moved by Schauf,seconded by Pinion and carried to adopt the agenda and unanimously carried. Moved by Schauf, seconded by Pinion toapprove the minutes of September 25, 2017 and unanimously carried. The Committee met in open session. 8


Rhonda Banks, water in basement, 8-5-17, $3,016.50Claimant was not present. The Claimant experienced water in the basement of 111 4th Street, Birdie’s Café, allegedlyfollowing the sidewalk replacement in the front of the restaurant. After the last meeting when claim was denied, noticewas sent to Property Services of Madison and the Grams Insurance Agency. Later discovered a claim was filed with Mt.Morris Mutual Insurance Company (Claimants insurance), who objected liability because it’s a City sidewalk. Trumansent a letter to Mt. Morris with copies of original denial. Currently awaiting response.Action - No further action.Greg Stebler, tree branch fell on auto, 6-18-17, $1,147.42Claimant was not present. We now have an official claim as a subrogation from claimant’s insurance. USAA made falsereference to police report that it was City’s lack of maintenance that caused the collision. There is no reference in thepolice report to that effect. According to City’s new Forester and Park’s crew, tree was treated for Ash Borer which isapplied to healthy trees. This fact contradicts claim against City’s Forestry Department of not properly maintaining tree.Action –Motion to deny claim moved by Pinion, and seconded by Schauf unanimously carried.Brian Pfaff, monetary relief personal injury, 7-12-17, $50,000Claimant was not present. Claimant suffered injuries to his shoulder due to a fall resulting in required surgical proceduresand physical therapy. Truman recommended discussion to take place in closed session.Motion to adjourn to Closed Session moved by Schauf, and seconded by Pinion that the committee meet in ClosedSession pursuant to Wisconsin Statute 19.85(1)(e)(g) to confer with legal counsel regarding claims submitted against theCity resulting in possible expenditure of public funds and unanimously carried.Open SessionMoved by Pinion seconded by Schauf and carried unanimously to reconvene into regular session.Action –Motion to deny claim based on recommendation from City’s insurance company moved by Pinion seconded bySchauf and unanimously carried.Adjournment - Moved by Schauf, seconded by Pinion and unanimously carried to adjourn at 11:25 a.m.

Copies of these meeting minutes are on file in the Clerk's office:Pink Lady Rail Transit 08-01-17 Library Board 10-17-17Friends of the Library 08-08-17 Friends of the Library 10-10-17Park & Recreation 11-13-17

P E TITIO N S ,A N D C O RRE S P O N D E N C EPetitions and Correspondence Being Referred –Retirement notification from City Clerk-Finance Director, Cheryl Giese.

IN FO RM A TIO N A L ITE M S - None

A D JO URN M E N TMoved by Ellington, seconded by Petty, and carried on voice vote, that the meeting adjourn at

7:32pm.

Cheryl M. Giese, Clerk-Finance Director

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P:\Council\Resolutions\1-9-18 Claims.docx

CA – 1

RESOLUTION NO. 2017 - D ated:January9,2018

The City of Baraboo, Wisconsin

Background:

FiscalN ote:(C heckone) [ ] N otRequ ired [ ] B u dgeted E xpenditu re [ ] N otB u dgetedComments

Resolved, by the Common Council of the City of Baraboo, Sauk County, Wisconsin:

THAT the Accounts Payable, in the amount of $ as recommended for payment by theFinance/Personnel Committee, be allowed and ordered paid.

O ffered B y: Consent A pproved byM ayor:M otion:S econd: C ertified byC ityC lerk:

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P:\Council\Resolutions\1-9-18 Taxi Grant.doc

CA – 2

RESOLUTION NO. 2017- Dated: January 9, 2018


Background: The City applies for funding to operate the City’s taxi program each year. Thefunding provides approximately 2/3 of necessary funds to operate the taxi program with theremainder coming from fares. The City contracts with a local operator to manage and operatethe taxi service and the City serves as the agent to apply for State and Federal funding whichhelps keep the cost of providing the service affordable to patrons.

Fiscal Note: (check one) [ x ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments

Resolved, by the Common Council of the City of Baraboo, Sauk County, Wisconsin:THAT the Mayor be authorized to apply for the 2018 Urban Mass Transit Operating

Assistance Grant and funding offered by the Federal and State governments for the City ofBaraboo, and;

THAT the Mayor be authorized to apply for the 2018 Capital Assistance fundingoffered by the Federal and State governments for the City of Baraboo, and;

THAT the City of Baraboo adopts the Department of Transportation procurementpolicy, and;

THAT the City of Baraboo adopts the Department of Transportation disposal guidancefor federally funded taxi vehicles.

BE IT FURTHER RESOLVED that the Mayor be authorized to execute appropriatecontracts if the applications are approved.

Offered by: Finance/Personnel Approved by Mayor:Motion:Second: Certified by City Clerk:

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MOTOR VEHICLE LEASE

This Lease Agreement is made this first day of January 2018 by and between the City of Baraboo,Wisconsin, hereafter referred to as "City", and Richard Running, d/b/a Running, Inc., hereafter referred to as"Lessee".

WITNESSETH

WHEREAS, Lessee is located in the City of Baraboo and is presently licensed to operate a taxicab service inthe City and Lessee and City have entered into an Agreement dated January 1, 2018, in connection with Lessee'soperation of the taxicab service, and

WHEREAS, the City purchased and is owner of two 2011 Dodge Grand Caravans, lift equipped; three 2014Dodge Grand Caravans, lift equipped; two 2015 Dodge Grand Caravans, lift equipped; one 2017 Dodge GrandCaravan, lift equipped; the vehicles were purchased with grant funds from Section 5311 program of the FederalTransit Administration (FTA); and

WHEREAS, the City participated in purchasing the taxis by providing 20% of their purchase price, and

WHEREAS, it is proposed that the vehicles be leased from the City by Lessee and that the vehicles beoperated by Lessee under the terms of the taxicab license granted by the City and under the terms of this LeaseAgreement and the terms of an Agreement between City and Lessee to provide taxicab services in the City datedJanuary 1, 2018, and copies of said documents are attached hereto and incorporated herein by reference.

NOW, THEREFORE, in consideration of the foregoing and in consideration of the promises, mutualcovenants and agreements made and contained herein, the City, as Lessor, agrees to lease to Lessee and Lesseeleases from Lessor the vehicles described as follows:

2011 Dodge Grand Caravan VIN 2D4RN4DG0BR657948 (added 3-28-11)2011 Dodge Grand Caravan VIN 2D4RN4DG9BR657947 (added 3-28-11)2014 Dodge Gr Caravan lift equipped VIN 2C4RDGBG6ER140338 (added 10-30-13)2014 Dodge Gr Caravan lift equipped VIN 2C4RDGBG8ER140339 (added 10-30-13)2014 Dodge Gr Caravan lift equipped VIN 2C4RDGBG4ER140340 (added 10-30-13)2015 Dodge Gr Caravan lift equipped VIN 2C7WDGBG2FR703103 (added 6-23-15)2015 Dodge Gr Caravan lift equipped VIN 2C7WDGBG0FR703200 (added 6-23-15)2017 Dodge Gr Caravan lift equipped VIN 2C7WDGBG3HR838674 (added 10-6-17)

Lessee shall lease the vehicles at the rate of $1.00 per vehicle per year and operate the same in accordancewith his authority to operate taxicab service in the City and surrounding area pursuant to the taxicab license andagreements set forth herein, each being incorporated by reference and made a part hereof.

SECTION ONETERM

The term of this Lease shall be from January 1, 2018 to December 31, 2018. This Lease Agreement shallterminate without notice on December 31, 2018, unless extended or renewed by mutual agreement of the partiesprior to the termination date.

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City of Baraboo Taxi Lease Agreement Page # 2 January 1, 2018

SECTION TWOWEAR, TEAR, DAMAGE AND USE

Upon return, at the end of the Lease term, or upon earlier termination as provided herein, the vehicles shallbe in as good condition, appearance and running order as when originally delivered to Lessee, reasonable wear andtear excepted. If a vehicle is not in that condition, it will be considered damaged and Lessee will pay City the fullcost of repairing the damage and restoring it to such condition. Reasonable wear and tear shall mean under thisLease:

(1) Interior - No stains that cannot be removed with standard upholstery cleaners, no slits, tears and holesin carpets and upholstery and no scratches and dents in the dashboard or other hard surfaces.;

(2) No dents in the body or bumpers; no cracks or scratches in glass caused by contact with othervehicles or other objects and no scratches in painted surfaces that cannot be removed with rubbing compound;

(3) Repair - No improper repair work done to the vehicles such as repainting with any color or type otherthan the original color and type, improper alignment of frame or body parts or improper repair of engine or any othermechanical or electrical parts of the vehicles not in accordance with the manufacturer's specifications andmanufacturer's own repair parts;

(4) Tires - Wear must be proportionate to mileage;

(5) General Protection - The vehicles must be adequately protected with glycol-type antifreeze with rustinhibitor throughout the term and upon return or repossession and there must be no deterioration in the vehicles dueto exposure to chemicals or other substances or due to extreme or unusual weather, atmospheric or environmentalconditions, or unusual or extreme use of the vehicle.

The vehicles shall only be used by the Lessee for the purpose of providing taxicab service inaccordance with its operating assistance contract referred to above.

The Lessee shall immediately notify the City if the vehicles are no longer used in the provision oftaxicab service. The Lessee shall also keep satisfactory records with regard to the use of the equipment and submitto the City upon request such information as may be required by the City to assure compliance.

The Lessee shall make the vehicles available to the Wisconsin Department of Transportation(Department) and the City upon demand for the purpose of an annual verification or other inspections deemednecessary by the Department or City.

SECTION THREEMAINTENANCE

At Lessee's expense, Lessee will keep the vehicles in good operating order, condition, repair, appearance,properly serviced and lubricated in accordance with the recommendations in the manufacturer's manual and will doall things necessary to keep all manufacturer's warranties in full force and effect. City shall not be responsible forany maintenance of the vehicles. The vehicles shall be maintained in accordance with the maintenance plan filedwith WisDOT.

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SECTION FOURWARRANTIES

The Vehicles are subject to the express manufacturer's warranty as set forth in the manufacturer's Statementof Warranty, if any. City makes no warranties or representations, express or implied, of any kind or nature inconnection with the vehicles, including warranties of the quality or condition of a vehicle, its merchantability or itsfitness for any particular use.

SECTION FIVEPURCHASE OPTION

Lessee shall have no option to purchase the vehicles at the end of the Lease term.

SECTION SIXADDITIONS; USE

All replacement of parts, additions, repairs, improvements and accessories made or added with respect to thevehicles will become a part of the vehicle and will become the property of City. Lessee will (a) not permit thevehicles to be used in a negligent or improper manner or in violation of any applicable rule, law or regulation, or inviolation of the Agreement between City and Lessee dated January 1, 2018, pertaining to the operation of a taxicabservice in the City of Baraboo, or so as to permit cancellation or suspension of the manufacturer's warranties or anyinsurance coverage; (b) pay promptly all repair, maintenance and storage charges; (c) not permit the vehicles tobecome subject to any charge, lien or encumbrance; (d) when requested by the City, furnish to the City paid invoicesevidencing the performance of servicing and maintenance recommended by the manufacturer; (e) not permit thevehicles to be taken to or used outside the zone of use as permitted under the Agreement dated January 1, 2018between the City and Lessee without the prior written consent of the City, which consent City may withhold at City'ssole discretion; (f) permit City during normal business hours to enter upon the premises where the vehicles may bestored or used to inspect the same; (g) not use the vehicles or permit the vehicles to be used for personal use byLessee, or any other party, or for any use whatsoever other than as a taxicab and then only in accordance with theterms of the Agreement dated January 1, 2018 (h) not permit smoking in the taxicabs and will post proper signs tothis effect; (i)properly equip and maintain the handicap accessible Dodge Vans and further properly maintain thehandicap accessory equipment thereon, all so as to assure that said vehicle is in compliance with the Americans withDisabilities Act (ADA).

Lessee shall not add, adorn, decorate, or in any way attach advertising or other messaging to the exterior orinterior of the vehicles. Lessee shall be allowed to place its business name upon the vehicles, so long as themessaging and means of attaching to the vehicle is approved in advance by the City.

SECTION SEVENINSURANCE COVERAGE AND ACCIDENTS

Lessee shall at all times keep the vehicle insured with a solvent and reputable insurance company approvedby the City in an amount not less than $500,000.00 per person and per accident and $100,000.00 property damage.City shall be named as an additional insured on the insurance policy and the policy shall contain a provisionproviding for any loss to the vehicles to be payable to the City, prior to any operation of the leased vehicles, Lessee

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will deliver to the City the original policies of such insurance or duplicates thereof or other evidence of the existenceof the required insurance coverage satisfactory to the City. Lessee will pay all premiums for such insurance and willmaintain such insurance in full force and effect during the term of this Lease, provided that, in the event that any ofthe insurance obtained by Lessee lapses, becomes terminated or cancelled, for any reason, City may, at the City'soption, obtain such insurance for the benefit of City and charge such premiums to Lessee, which charges Lesseeshall pay to City within five days after City's demand. Lessee hereby appoints City its attorney in fact to make aclaim for, adjust, settle, receive payment of and execute and endorse all documents, checks or drafts for loss, chargeor payment under the insurance required under this Lease. Lessee will notify City and Lessee's insurance carrier ofeach accident, or the loss or damage to the vehicles within twenty-four hours of such event, or within such lessertime as any policies may require, giving such information as City or insurance company requests. Lessee will permitCity and the insurance company to inspect the vehicles, give them any information requested regarding claimsreceived from third parties, names and addresses of witnesses, assistance in making claims against third parties; andotherwise cooperate fully with City and the insurance company. Lessee shall further maintain insurance coveragefor damage or loss from fire, theft, collision, and comprehensive coverage. The collision insurance coverage shallprovide for a deductible of not more than $500.00 and Lessee shall be responsible for payment of the deductibleamount in the event of a loss.

Lessor reserves the right to require the Lessee to restore the vehicles or pay for damages to the vehicles as aresult of abuse or misuse of such vehicles with Lessee's knowledge and consent.

SECTION EIGHTRISKS AND INDEMNIFICATION

Lessee is responsible for and hereby assumes all risks of, and shall indemnify and save City harmless from(a) any and all loss of, damage to or destruction of the vehicles and (b) any and all fines, forfeitures or penaltiesincluding without limitations parking fines and personal property taxes, if any, assessed against the vehicles, oragainst Lessee, as a result of Lessee's use or possession of the vehicles and any and all damage or loss resulting fromLessee's use or possession of the vehicles in violation of any Federal, State or Municipal law, ordinance orregulation, and (c) any and all loss or damage to City resulting from larceny or conversion of the vehicles by anyperson or persons, including without limitation Lessee or any of Lessee's employees, agents or any person authorizedby Lessee to use such vehicles, and (d) any and all loss, liability or expenses, including damages or loss of service oruse or consequential damages, arising out of, resulting from or in any way connected with the use or operation of thevehicle, whether such use or operation results or is claimed to have resulted in injuries to (including the death of)persons, or damage to or loss or destruction of property or any person or persons, including but not limited to Lessee,Lessee's customers, employees, servants or agents or invitees, and (e) taking or seizure of the vehicles by any publicauthority by reason of illegal use thereof or otherwise, and (f) any and all liability or damage arising out of any actsor omissions of Lessee or Lessee's agents, or of any person using the vehicles, and (g) any and all damages or claimsof damage caused by or resulting from the nonoperability, loss or reasonable attorney's fees and legal costs of Cityarising in connection with the items described in this paragraph. Lessee will defend at Lessee's sole expense allclaims and suits arising out of the foregoing risks.

SECTION NINEASSIGNMENT

Lessee shall not assign the Lease or sublet the vehicles without the prior written consent of City, whichconsent City may withhold in its sole discretion.

15


SECTION TENEXPENSES, FEES, FINES, TAXES, ETC.

Lessee shall pay all costs, expenses, fees and charges incurred in connection with the use, servicing,maintenance, repair and operation of the vehicle, including fines and parking tickets, and all taxes of every kindincluding personal property taxes, if any, and by whomsoever payable on or relating to the vehicles, or theownership, leasing, use or operation thereof, and all sums necessary to pay or satisfy any charge, lien, or attachmentagainst the vehicles, expect for such as may be incurred by City. If City pays any such amount, Lessee shall repaythe same to City on demand. In the event that City shall pay any parking tickets or other fines to governmentalbodies relating to the vehicle, Lessee shall forthwith reimburse City for the amount of all such fines paid plus aservice charge of $10.00 for each such fine paid by City.

SECTION ELEVENLICENSE PLATES AND REGISTRATION

Lessee shall pay all license and registration fees for said vehicle and the license plates for and registration oftitle to the vehicles shall be in the name of the City. Lessee shall provide satisfactory proof to City that license andregistration fees have been promptly paid.

SECTION TWELVERELATIONSHIP BETWEEN PARTIES

City is not an employer of Lessee. Lessee is not an employee of City. Lessee acknowledges and agrees thatLessee is an independent contractor of the City and that said business is independently owned and operated and thatnothing in this Lease Agreement shall be interpreted to cause or result in, directly or indirectly, any employer-employee relationship between City and Lessee or between City and any employees of Lessee and nothing in thisAgreement shall be in any way construed as an agreement of partnership, general or limited, or as an agencyrelationship between City and Lessee. Lessee agrees not to represent or advertise in any way that this relationshipwith the City is other than as provided in this Section.

SECTION THIRTEENEVENTS CONSTITUTING DEFAULT

The following events constitute default: If Lessee fails to make any payment due under this Lease within tendays after it becomes due or fails to comply with any condition or provision of this Lease or a proceeding inbankruptcy, receivership or any other State or Federal law for the protection of debtors is instituted by or against theLessee or Lessee's property, if Lessee makes a bulk transfer or assignment for the benefit of creditors, or if there is anon-performance by Lessee of any other covenants of this lease which is not cured within seven days after noticethereof from the City, or if Lessee commits any act of default under the Agreement between the City and TaxiOperator dated January 1, 2018.

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SECTION FOURTEENCITY'S RIGHTS UPON DEFAULT

On the occurrence of any of the events constituting a default of this Lease Agreement, City may, at its option,without notice to or demand on Lessee: Declare this lease terminated and may take immediate possession of thevehicles and recover from Lessee all amounts due under the Lease together with all reasonable costs, expenses andattorney's fees incurred in connection with such default and repossession together with interest on said amounts atthe rate of 1% per month until paid in full. In such event, City may lease the vehicles for such period and suchrental, and to such persons as City shall elect and apply the proceeds of any such renting, after deducting all costsand expenses incurred in connection with the recovery, repair, storage and renting of the vehicles, in payment of therent and other obligations due from Lessee to City hereunder, Lessee remaining responsible for any deficiency.

SECTION FIFTEENOWNERSHIP OF EQUIPMENT

Title to the vehicles shall be in the name of the City and title shall at all times remain in City and Lessee shallhave only the right to retain the possession thereof pursuant to the terms, conditions and covenants contained herein.City may name Lesser on the Registration as Lessee. Lessee may not sublease the vehicles.

SECTION SIXTEENLIMITATION OF EFFECTS OF WAIVERS

No delay or omission to exercise any right, power, or remedy accruing to City on any breach or default byLessee under this Lease will impair any right, power, or remedy of City, nor shall it be construed to be a waiver ofany such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring; norshall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore orthereafter occurring. Any waiver, permit, consent, or approval of any kind or character on the part of City of anybreach or default under this Lease, or any waiver on the part of City of any term, provisions, condition or covenantof this Lease, must be in writing, and will be effective only to the extent in such writing specifically set forth. Allremedies, either under this Lease or by law, or otherwise afforded to City, will be cumulative and not alternative.

SECTION SEVENTEENEXECUTION OF LEASE/BINDING EFFECT

This Lease is not binding until executed by the proper officials of City. This Lease shall extend to and bebinding upon the parties hereto and their respective successors and permitted assigns.

SECTION EIGHTEENSEVERABILITY

This Lease embodies the entire agreement between the parties in connection with the lease of the vehicles. Itmay not be modified or terminated except as provided herein or by other written agreement. If any provision hereinis invalid it shall be considered deleted herefrom, and shall not invalidate the remaining provisions.

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SECTION NINETEENINCORPORATION OF AGREEMENT DATED JANUARY 1, 2018

All the terms and conditions set forth in a certain Agreement between City and Lessee dated January 1, 2018,in connection with the operation of a taxicab service in the City of Baraboo are incorporated into this Lease byreference and made a part hereof as though fully set forth herein. Any default of this Lease shall be a default of theJanuary 1, 2018, Agreement and any default of the January 1, 2018, Agreement shall be a default of this Lease.

SECTION TWENTYHEADINGS

The Marginal headings are for convenience only and are not a part of this Lease.

SECTION TWENTY-ONENOTICES

Any notices to be given under this Lease shall be made in accordance with the terms of the January 1, 2018Agreement.

SECTION TWENTY-TWOGOVERNING LAW

This Lease shall be governed by the laws of the State of Wisconsin.

SECTION TWENTY-THREECOLLECTION EXPENSES

Lessee shall be liable to City of all costs and expenses, including reasonable attorney's fees incurred incollecting payments due or to become due from Lessee or in enforcing any rights of City pursuant to this Lease.

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CITY OF BARABOO/LESSOR

BY: (SEAL)Michael J. Palm, Mayor

BY: (SEAL)Cheryl M. Giese, City Clerk-Finance Director

LESSEE

BY: (SEAL)Richard D. Running, PresidentRunning, Inc.

DATE: ____________________________

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P:\Council\Ordinances\1-9-18 Parking at 522 2nd Street and 880 14th Street.docx

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Background:

Fiscal Note: (check one) [x ] Not Required [ ] Budgeted Expenditure [ ] Not Budgeted Comments:

An Ordinance revising §7.02(2)(b)2, the Official Traffic Map, to provide for a parking stallto be used by persons with a disability that limits or impairs the ability to walk on the south sideof 2nd Street immediately east of the driveway at 522 2nd Street and on the south side of 14th Streetimmediately west of the entrance walk at 880 14th Street.

THE COMMON COUNCIL OF THE CITY OF BARABOO, WISCONSIN, DO ORDAINAS FOLLOWS:

1. Section 7.02(2)(b)2, the Official Traffic Map, is revised to provide that there shall be aparking stall marked for use by persons with a disability that limits or impairs the ability to walkat the following locations:

A parallel parking stall on the south side of 2nd Street, to be located immediatelyeast of the driveway at 522 2nd Street.

A parallel parking stall o the south side of 14th Street, to be located immediatelywest of the entrance walk serving the property at 880 14th Street.

2. This Ordinance shall take effect upon passage and publication as provided by law.

Mayor’s Approval: ________________________

Clerk’s Certification: ________________________

I hereby certify that the foregoing Ordinance was duly passed by the Common Council ofthe City of Baraboo on the __ day of January 2018, and is recorded on page ___ of volume __.

City Clerk: _________________________

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P:\Council\Ordinances\1-9-18 Parking Regulation Ord.docx

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Background: TheP ublicSafetyC ommitteeconsidered a request to restrict parking on thenorthendof P arkStreet at theirD ecember11th,2017meeting.

B asedon recommendationsfrom theC ityE ngineerandC hief of P olice,theC ommitteeunanimouslyrecommendedthat theC ommon C ouncilapprovethischangeduring.

Fiscal Note: (check one) [x ] Not Required [ ] Budgeted Expenditure [ ] Not Budgeted Comments:

A n O rdinancerevisingtheC ityof B araboo C odeof O rdinances§7.02(2)(b)2to providefor:

a. N o P arkingA nyTimeon thenorth endof P arkStreet from A ztecP lacenorth.

TH E C O M M O N C O UN C IL O F TH E C ITY O F B A RA B O O , W ISC O N SIN , D OO RD A IN A S FO L L O W S:

1. TheC ityof B araboo C odeof O rdinances§7.02(2)(b)2,theO fficialTrafficM ap,isrevisedtoprovidefor:

a. N o P arkingA nyTimeon thenorth endof P arkStreet from A ztecP lacenorth.

2. ThisO rdinanceshalltakeeffect upon passageandpublication asprovidedbylaw .

M ayor’sA pproval: ________________________

C lerk’sC ertification: ________________________

Iherebycertifythat theforegoingO rdinancew asdulypassedbytheC ommon C ouncilof theC ityof B araboo on the23rd dayof January,2018andisrecordedon page___of volume__.

C ityC lerk: _________________________

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Ordinances/1-9-18 Polling Place.doc

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Background: Several years ago the City of Baraboo changed its polling place from multiplelocations around the City to one centralized location at the ground floor gym in the Civic Center.The Municipal Code for the City needs to be updated to reflect this change.

Fiscal Note: (check one) [x ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments:

Amending §1.48 of the Municipal Code of the City of Baraboo to reflect the polling location forthe City of Baraboo.

THE COMMON COUNCIL OF THE CITY OF BARABOO, WISCONSIN, DO ORDAINAS FOLLOWS:

WHEREAS, the polling location for the City of Baraboo has been consolidated from threeseparate locations to one location, namely the ground floor gym in the City’s Civic Center, and

WHEREAS, the Municipal Code for the City of Baraboo needs to be updated to reflect thischange, which shall be as follows:

1.48 POLLING PLACES. The polling places of for the City is the ground floor gym in theBaraboo Civic Center, located at 124 2nd St, Baraboo, WI 53913 are as follows: (1610 06/91,2117 05/13/03)

(1) ALDERMANIC DISTRICTS 1, General Purpose Room 8, and 9 (WARDS 1, 2, 11, 12, 13,and 14) First Floor, East School(2) ALDERMANIC DISTRICTS 5, 6, General Purpose Room and 7 (WARDS 7, 8, 9, and 10)First Floor, West School(3) ALDERMANIC DISTRICTS 2, 3, and City Services Center 4 (WARDS 3, 4, 5, and 6)

NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF BARABOO, SAUKCOUNTY, WISCONSIN DO ORDAIN AS FOLLOWS:

This Ordinance shall take effect upon passage and publication as provided by law.

Mayor’s Approval: ________________________

Clerk’s Certification: ________________________

I hereby certify that the foregoing Ordinance was duly passed by the Common Council of theCity of Baraboo on the ___ day of ______, 2018, and is recorded on page ____ of volume _____.

City Clerk: _________________________

22

P:\Council\Resolutions\1-9-18 Bonds Reso.docx

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RESOLUTION AWARDING THE SALE OF $2,070,000GENERAL OBLIGATION CORPORATE PURPOSE BONDS,

SERIES 2018A

WHEREAS, on December 12, 2017, the Common Council of the City of Baraboo, SaukCounty, Wisconsin (the "City") adopted initial resolutions authorizing the issuance of generalobligation bonds in the following amounts and for the following public purposes: $1,620,000 forstreet improvement projects; $255,000 for sewerage projects, consisting of stormwater projects;and $195,000 for airport projects (the above-referenced initial resolutions are referred to hereinas the "Initial Resolutions");

WHEREAS, pursuant to the provisions of Section 67.05, Wisconsin Statutes, within 15days following the adoption of the Initial Resolutions, the City Clerk caused a notice to electorsto be published in the Baraboo News Republic, stating the purpose and maximum principalamount of the bond issues authorized by the Initial Resolutions and describing the opportunityand procedure for submitting a petition requesting a referendum on any of the bond issuesauthorized by the Initial Resolutions;

WHEREAS, to date, no petition for referendum has been filed with the City Clerk, andthe time to file such a petition shall expire on January 11, 2018;

WHEREAS, on December 12, 2017, the Common Council of the City alsoadopted a resolution (the "Set Sale Resolution"), providing that the general obligationbond issues authorized by the Initial Resolutions be combined, issued and sold as a singleissue of bonds designated as "General Obligation Corporate Purpose Bonds, Series2018A" (the "Bonds") for the purpose of paying the cost of the projects described in theInitial Resolutions (collectively, the "Project");

WHEREAS, the Common Council hereby finds and determines that the Project is withinthe City's power to undertake and therefore serves a "public purpose" as that term is defined inSection 67.04(1)(b), Wisconsin Statutes;

WHEREAS, the City is authorized by the provisions of Section 67.04, WisconsinStatutes, to borrow money and issue general obligation bonds for such public purposes;

WHEREAS, pursuant to the Set Sale Resolution, the City has directed Ehlers &Associates, Inc. ("Ehlers") to take the steps necessary to sell the Bonds to pay the cost of theProject;

WHEREAS, Ehlers, in consultation with the officials of the City, prepared a Notice ofSale (a copy of which is attached hereto as Exhibit A and incorporated herein by this reference)setting forth the details of and the bid requirements for the Bonds and indicating that the Bondswould be offered for public sale on January 9, 2018;

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WHEREAS, the City Clerk (in consultation with Ehlers) caused a form of notice of thesale to be published and/or announced and caused the Notice of Sale to be distributed to potentialbidders offering the Bonds for public sale on January 9, 2018;

WHEREAS, the City has duly received bids for the Bonds as described on the BidTabulation attached hereto as Exhibit B and incorporated herein by this reference (the "BidTabulation");

WHEREAS, it has been determined that the bid proposal (the "Proposal") submitted bythe financial institution listed first on the Bid Tabulation fully complies with the bidrequirements set forth in the Notice of Sale and is deemed to be the most advantageous to theCity. Ehlers has recommended that the City accept the Proposal. A copy of said Proposalsubmitted by such institution (the "Purchaser") is attached hereto as Exhibit C and incorporatedherein by this reference; and

WHEREAS, the Common Council now deems it necessary, desirable and in the bestinterest of the City that the Bonds be issued in the aggregate principal amount of $___________for the following purposes and in the following amounts: $__________________ for streetimprovement projects; $__________________ for sewerage projects, consisting of stormwaterprojects; and $__________________ for airport projects.


Section 1. Ratification of the Notice of Sale and Offering Materials. The CommonCouncil hereby ratifies and approves the details of the Bonds set forth in Exhibit A attachedhereto as and for the details of the Bonds. The Notice of Sale and any other offering materialsprepared and circulated by Ehlers are hereby ratified and approved in all respects. All actionstaken by officers of the City and Ehlers in connection with the preparation and distribution of theNotice of Sale, and any other offering materials are hereby ratified and approved in all respects.

Section 1A. Authorization and Award of the Bonds. For the purpose of paying the costof the Project, there shall be borrowed pursuant to Section 67.04, Wisconsin Statutes, theprincipal sum of TWO MILLION SEVENTY THOUSAND DOLLARS ($2,070,000) from thePurchaser in accordance with the terms and conditions of the Proposal. Subject to the conditionthat no valid petition for referendum is timely filed, the Proposal of the Purchaser offering topurchase the Bonds for the sum set forth on the Proposal, plus accrued interest to the date ofdelivery, resulting in a true interest cost as set forth on the Proposal, is hereby accepted. TheMayor and City Clerk or other appropriate officers of the City are authorized and directed toexecute an acceptance of the Proposal on behalf of the City. The good faith deposit of thePurchaser shall be retained by the City Treasurer and applied in accordance with the Notice ofSale, and any good faith deposits submitted by unsuccessful bidders shall be promptly returned.The Bonds shall bear interest at the rates set forth on the Proposal.

Section 2. Terms of the Bonds. The Bonds shall be designated "General ObligationCorporate Purpose Bonds, Series 2018A"; shall be issued in the aggregate principal amount of$2,070,000; shall be dated February 1, 2018; shall be in the denomination of $5,000 or anyintegral multiple thereof; shall be numbered R-1 and upward; and shall bear interest at the rates

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per annum and mature on February 1 of each year, in the years and principal amounts as set forthon the Pricing Summary attached hereto as Exhibit D-1 and incorporated herein by thisreference. Interest shall be payable semi-annually on February 1 and August 1 of each yearcommencing on February 1, 2019. Interest shall be computed upon the basis of a 360-day yearof twelve 30-day months and will be rounded pursuant to the rules of the Municipal SecuritiesRulemaking Board. The schedule of principal and interest payments due on the Bonds is setforth on the Debt Service Schedule attached hereto as Exhibit D-2 and incorporated herein bythis reference (the "Schedule").

Section 3. Redemption Provisions. The Bonds maturing on February 1, 2029 andthereafter are subject to redemption prior to maturity, at the option of the City, on February 1,2028 or on any date thereafter. Said Bonds are redeemable as a whole or in part, and if in part,from maturities selected by the City, and within each maturity by lot, at the principal amountthereof, plus accrued interest to the date of redemption.

[If the Proposal specifies that any of the Bonds are subject to mandatory redemption, theterms of such mandatory redemption shall be set forth on an attachment hereto as Exhibit MRPand incorporated herein by this reference. Upon the optional redemption of any of the Bondssubject to mandatory redemption, the principal amount of such Bonds so redeemed shall becredited against the mandatory redemption payments established in Exhibit MRP for such Bonds

in such manner as the City shall direct.]

Section 4. Form of the Bonds. The Bonds shall be issued in registered form and shall beexecuted and delivered in substantially the form attached hereto as Exhibit E and incorporatedherein by this reference.

Section 5. Tax Provisions.

(A) Direct Annual Irrepealable Tax Levy. For the purpose of paying theprincipal of and interest on the Bonds as the same becomes due, the full faith, credit andresources of the City are hereby irrevocably pledged, and there is hereby levied upon all of thetaxable property of the City a direct annual irrepealable tax in the years 2018 through 2037 forpayments due in the years 2019 through 2038 in the amounts set forth on the Schedule.

(B) Tax Collection. So long as any part of the principal of or interest on theBonds remains unpaid, the City shall be and continue without power to repeal such levy orobstruct the collection of said tax until all such payments have been made or provided for. Afterthe issuance of the Bonds, said tax shall be, from year to year, carried onto the tax roll of the Cityand collected in addition to all other taxes and in the same manner and at the same time as othertaxes of the City for said years are collected, except that the amount of tax carried onto the taxroll may be reduced in any year by the amount of any surplus money in the Debt Service FundAccount created below.

(C) Additional Funds. If at any time there shall be on hand insufficient fundsfrom the aforesaid tax levy to meet principal and/or interest payments on said Bonds when due,

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the requisite amounts shall be paid from other funds of the City then available, which sums shallbe replaced upon the collection of the taxes herein levied.

Section 6. Segregated Debt Service Fund Account.

(A) Creation and Deposits. There be and there hereby is established in thetreasury of the City, if one has not already been created, a debt service fund, separate and distinctfrom every other fund, which shall be maintained in accordance with generally acceptedaccounting principles. Debt service or sinking funds established for obligations previouslyissued by the City may be considered as separate and distinct accounts within the debt servicefund.

Within the debt service fund, there hereby is established a separate and distinct accountdesignated as the "Debt Service Fund Account for General Obligation Corporate Purpose Bonds,Series 2018A" (the "Debt Service Fund Account") and such account shall be maintained until theindebtedness evidenced by the Bonds is fully paid or otherwise extinguished. There shall bedeposited into the Debt Service Fund Account (i) all accrued interest received by the City at thetime of delivery of and payment for the Bonds; (ii) any premium which may be received by theCity above the par value of the Bonds and accrued interest thereon; (iii) all money raised by thetaxes herein levied and any amounts appropriated for the specific purpose of meeting principal ofand interest on the Bonds when due; (iv) such other sums as may be necessary at any time to payprincipal of and interest on the Bonds when due; (v) surplus monies in the Borrowed MoneyFund as specified below; and (vi) such further deposits as may be required by Section 67.11,Wisconsin Statutes.

(B) Use and Investment. No money shall be withdrawn from the Debt ServiceFund Account and appropriated for any purpose other than the payment of principal of andinterest on the Bonds until all such principal and interest has been paid in full and the Bondscanceled; provided (i) the funds to provide for each payment of principal of and interest on theBonds prior to the scheduled receipt of taxes from the next succeeding tax collection may beinvested in direct obligations of the United States of America maturing in time to make suchpayments when they are due or in other investments permitted by law; and (ii) any funds overand above the amount of such principal and interest payments on the Bonds may be used toreduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasingthe Bonds as permitted by and subject to Section 67.11(2)(a), Wisconsin Statutes, or in permittedmunicipal investments under the pertinent provisions of the Wisconsin Statutes ("PermittedInvestments"), which investments shall continue to be a part of the Debt Service Fund Account.Any investment of the Debt Service Fund Account shall at all times conform with the provisionsof the Internal Revenue Code of 1986, as amended (the "Code") and any applicable TreasuryRegulations (the "Regulations").

(C) Remaining Monies. When all of the Bonds have been paid in full andcanceled, and all Permitted Investments disposed of, any money remaining in the Debt ServiceFund Account shall be transferred and deposited in the general fund of the City, unless theCommon Council directs otherwise.

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Section 7. Proceeds of the Bonds; Segregated Borrowed Money Fund. The proceeds ofthe Bonds (the "Bond Proceeds") (other than any premium and accrued interest which must bepaid at the time of the delivery of the Bonds into the Debt Service Fund Account created above)shall be deposited into a special fund separate and distinct from all other funds of the City anddisbursed solely for the purpose or purposes for which borrowed or for the payment of theprincipal of and the interest on the Bonds. Monies in the Borrowed Money Fund may betemporarily invested in Permitted Investments. Any monies, including any income fromPermitted Investments, remaining in the Borrowed Money Fund after the purpose or purposes forwhich the Bonds have been issued have been accomplished, and, at any time, any monies as arenot needed and which obviously thereafter cannot be needed for such purpose(s) shall bedeposited in the Debt Service Fund Account.

Section 8. No Arbitrage. All investments made pursuant to this Resolution shall bePermitted Investments, but no such investment shall be made in such a manner as would causethe Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code or theRegulations and an officer of the City, charged with the responsibility for issuing the Bonds,shall certify as to facts, estimates, circumstances and reasonable expectations in existence on thedate of delivery of the Bonds to the Purchaser which will permit the conclusion that the Bondsare not "arbitrage bonds," within the meaning of the Code or Regulations.

Section 9. Compliance with Federal Tax Laws. (a) The City represents and covenantsthat the projects financed by the Bonds and the ownership, management and use of the projectswill not cause the Bonds to be "private activity bonds" within the meaning of Section 141 of theCode. The City further covenants that it shall comply with the provisions of the Code to theextent necessary to maintain the tax-exempt status of the interest on the Bonds including, ifapplicable, the rebate requirements of Section 148(f) of the Code. The City further covenantsthat it will not take any action, omit to take any action or permit the taking or omission of anyaction within its control (including, without limitation, making or permitting any use of theproceeds of the Bonds) if taking, permitting or omitting to take such action would cause any ofthe Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code orwould otherwise cause interest on the Bonds to be included in the gross income of the recipientsthereof for federal income tax purposes. The City Clerk or other officer of the City charged withthe responsibility of issuing the Bonds shall provide an appropriate certificate of the Citycertifying that the City can and covenanting that it will comply with the provisions of the Codeand Regulations.

(b) The City also covenants to use its best efforts to meet the requirements andrestrictions of any different or additional federal legislation which may be made applicable to theBonds provided that in meeting such requirements the City will do so only to the extentconsistent with the proceedings authorizing the Bonds and the laws of the State of Wisconsin andto the extent that there is a reasonable period of time in which to comply.

Section 10. Designation as Qualified Tax-Exempt Obligations. The Bonds are herebydesignated as "qualified tax-exempt obligations" for purposes of Section 265 of the Code,relating to the ability of financial institutions to deduct from income for federal income taxpurposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations.

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Section 11. Execution of the Bonds; Closing; Professional Services. The Bonds shall beissued in printed form, executed on behalf of the City by the manual or facsimile signatures ofthe Mayor and City Clerk, authenticated, if required, by the Fiscal Agent (defined below), sealedwith its official or corporate seal, if any, or a facsimile thereof, and delivered to the Purchaserupon payment to the City of the purchase price thereof, plus accrued interest to the date ofdelivery (the "Closing"). The facsimile signature of either of the officers executing the Bondsmay be imprinted on the Bonds in lieu of the manual signature of the officer but, unless the Cityhas contracted with a fiscal agent to authenticate the Bonds, at least one of the signaturesappearing on each Bond shall be a manual signature. In the event that either of the officerswhose signatures appear on the Bonds shall cease to be such officers before the Closing, suchsignatures shall, nevertheless, be valid and sufficient for all purposes to the same extent as if theyhad remained in office until the Closing. The aforesaid officers are hereby authorized anddirected to do all acts and execute and deliver the Bonds and all such documents, certificates andacknowledgements as may be necessary and convenient to effectuate the Closing. The Cityhereby authorizes the officers and agents of the City to enter into, on its behalf, agreements andcontracts in conjunction with the Bonds, including but not limited to agreements and contractsfor legal, trust, fiscal agency, disclosure and continuing disclosure, and rebate calculationservices. Any such contract heretofore entered into in conjunction with the issuance of theBonds is hereby ratified and approved in all respects.

Section 12. Payment of the Bonds; Fiscal Agent. The principal of and interest on the

Bonds shall be paid by [________________, ___________, ______, which is hereby appointedas the City's registrar and fiscal agent pursuant to the provisions of Section 67.10(2), Wisconsin

Statutes] [the City Clerk or City Treasurer] (the "Fiscal Agent"). [The City hereby authorizesthe Mayor and City Clerk or other appropriate officers of the City to enter a Fiscal AgencyAgreement between the City and the Fiscal Agent. Such contract may provide, among otherthings, for the performance by the Fiscal Agent of the functions listed in Wis. Stats. Sec.

67.10(2)(a) to (j), where applicable, with respect to the Bonds].

Section 13. Persons Treated as Owners; Transfer of Bonds. The City shall cause booksfor the registration and for the transfer of the Bonds to be kept by the Fiscal Agent. The personin whose name any Bond shall be registered shall be deemed and regarded as the absolute ownerthereof for all purposes and payment of either principal or interest on any Bond shall be madeonly to the registered owner thereof. All such payments shall be valid and effectual to satisfyand discharge the liability upon such Bond to the extent of the sum or sums so paid.

Any Bond may be transferred by the registered owner thereof by surrender of the Bond atthe office of the Fiscal Agent, duly endorsed for the transfer or accompanied by an assignmentduly executed by the registered owner or his attorney duly authorized in writing. Upon suchtransfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee ortransferees a new Bond or Bonds of a like aggregate principal amount, series and maturity andthe Fiscal Agent shall record the name of each transferee in the registration book. Noregistration shall be made to bearer. The Fiscal Agent shall cancel any Bond surrendered fortransfer.

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The City shall cooperate in any such transfer, and the Mayor and City Clerk areauthorized to execute any new Bond or Bonds necessary to effect any such transfer.

Section 14. Record Date. The 15th day of the calendar month next preceding eachinterest payment date shall be the record date for the Bonds (the "Record Date"). Payment ofinterest on the Bonds on any interest payment date shall be made to the registered owners of theBonds as they appear on the registration book of the City at the close of business on the RecordDate.

Section 15. Utilization of The Depository Trust Company Book-Entry-Only System. Inorder to make the Bonds eligible for the services provided by The Depository Trust Company,New York, New York ("DTC"), the City agrees to the applicable provisions set forth in theBlanket Issuer Letter of Representations, which the City Clerk or other authorized representativeof the City is authorized and directed to execute and deliver to DTC on behalf of the City to theextent an effective Blanket Issuer Letter of Representations is not presently on file in the CityClerk's office.

Section 16. Payment of Issuance Expenses. The City authorizes the Purchaser toforward the amount of the proceeds of the Bonds allocable to the payment of issuance expensesto KleinBank, Chaska, Minnesota at Closing for further distribution as directed by Ehlers.

Section 17. Official Statement. The Common Council hereby approves the PreliminaryOfficial Statement with respect to the Bonds and deems the Preliminary Official Statement as"final" as of its date for purposes of SEC Rule 15c2-12 promulgated by the Securities andExchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule"). Allactions taken by officers of the City in connection with the preparation of such PreliminaryOfficial Statement and any addenda to it or final Official Statement are hereby ratified andapproved. In connection with the Closing, the appropriate City official shall certify thePreliminary Official Statement and any addenda or final Official Statement. The City Clerk shallcause copies of the Preliminary Official Statement and any addenda or final Official Statement tobe distributed to the Purchaser.

Section 18. Undertaking to Provide Continuing Disclosure. The City hereby covenantsand agrees, for the benefit of the owners of the Bonds, to enter into a written undertaking (the"Undertaking") if required by the Rule to provide continuing disclosure of certain financialinformation and operating data and timely notices of the occurrence of certain events inaccordance with the Rule. The Undertaking shall be enforceable by the owners of the Bonds orby the Purchaser on behalf of such owners (provided that the rights of the owners and thePurchaser to enforce the Undertaking shall be limited to a right to obtain specific performance ofthe obligations thereunder and any failure by the City to comply with the provisions of theUndertaking shall not be an event of default with respect to the Bonds).

To the extent required under the Rule, the Mayor and City Clerk, or other officer of theCity charged with the responsibility for issuing the Bonds, shall provide a Continuing DisclosureCertificate for inclusion in the transcript of proceedings, setting forth the details and terms of theCity's Undertaking.

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Section 19. Record Book. The City Clerk shall provide and keep the transcript ofproceedings as a separate record book (the "Record Book") and shall record a full and correctstatement of every step or proceeding had or taken in the course of authorizing and issuing theBonds in the Record Book.

Section 20. Bond Insurance. If the Purchaser determines to obtain municipal bondinsurance with respect to the Bonds, the officers of the City are authorized to take all actionsnecessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorized toagree to such additional provisions as the bond insurer may reasonably request and which areacceptable to the Mayor and City Clerk including provisions regarding restrictions on investmentof Bond proceeds, the payment procedure under the municipal bond insurance policy, the rightsof the bond insurer in the event of default and payment of the Bonds by the bond insurer andnotices to be given to the bond insurer. In addition, any reference required by the bond insurer tothe municipal bond insurance policy shall be made in the form of Bond provided herein.

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Section 21. Conflicting Resolutions; Severability; Effective Date. All prior resolutions,rules or other actions of the Common Council or any parts thereof in conflict with the provisionshereof shall be, and the same are, hereby rescinded insofar as the same may so conflict. In theevent that any one or more provisions hereof shall for any reason be held to be illegal or invalid,such illegality or invalidity shall not affect any other provisions hereof. The foregoing shall takeeffect immediately upon adoption and approval in the manner provided by law.

Adopted, approved and recorded January 9, 2018.

_____________________________Michael PalmMayor

ATTEST:

____________________________Cheryl M. GieseCity Clerk

(SEAL)

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QB\49978769.1

EXHIBIT A

Notice of Sale

To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution.

(See Attached)

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EXHIBIT B

Bid Tabulation


(See Attached)

33

QB\49978769.1

EXHIBIT C

Winning Bid


(See Attached)

34

QB\49978769.1

EXHIBIT D-1

Pricing Summary


(See Attached)

35

QB\49978769.1

EXHIBIT D-2

Debt Service Schedule and Irrepealable Tax Levies


(See Attached)

36

QB\49978769.1

[EXHIBIT MRP

Mandatory Redemption Provision

The Bonds due on February 1, ____, ____ and ____ (the "Term Bonds") are subject tomandatory redemption prior to maturity by lot (as selected by the Depository) at a redemptionprice equal to One Hundred Percent (100%) of the principal amount to be redeemed plus accruedinterest to the date of redemption, from debt service fund deposits which are required to be madein amounts sufficient to redeem on February 1 of each year the respective amount of Term Bondsspecified below:

For the Term Bonds Maturing on February 1,

RedemptionDate Amount

____ $__________ __________ ______ (maturity)



____ $__________ __________ ______ (maturity)



____ $__________ __________ ______ (maturity)



____ $__________ ______

____ ______ (maturity)]

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QB\49978769.1

EXHIBIT E

(Form of Bond)

UNITED STATES OF AMERICAREGISTERED STATE OF WISCONSIN DOLLARS

SAUK COUNTYNO. R-___ CITY OF BARABOO $_______

GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2018A

MATURITY DATE: ORIGINAL DATE OF ISSUE: INTEREST RATE: CUSIP:

February 1, _____ February 1, 2018 ____% ______

DEPOSITORY OR ITS NOMINEE NAME: CEDE & CO.

PRINCIPAL AMOUNT: _______________________ THOUSAND DOLLARS($__________)

FOR VALUE RECEIVED, the City of Baraboo, Sauk County, Wisconsin (the "City"),hereby acknowledges itself to owe and promises to pay to the Depository or its Nominee Name(the "Depository") identified above (or to registered assigns), on the maturity date identifiedabove, the principal amount identified above, and to pay interest thereon at the rate of interest perannum identified above, all subject to the provisions set forth herein regarding redemption priorto maturity. Interest shall be payable semi-annually on February 1 and August 1 of each yearcommencing on February 1, 2019 until the aforesaid principal amount is paid in full. Both theprincipal of and interest on this Bond are payable to the registered owner in lawful money of theUnited States. Interest payable on any interest payment date shall be paid by wire transfer to theDepository in whose name this Bond is registered on the Bond Register maintained by

[________________, ___________, ______] OR [the City Clerk or City Treasurer] (the"Fiscal Agent") or any successor thereto at the close of business on the 15th day of the calendarmonth next preceding each interest payment date (the "Record Date"). This Bond is payable asto principal upon presentation and surrender hereof at the office of the Fiscal Agent.

For the prompt payment of this Bond together with interest hereon as aforesaid and forthe levy of taxes sufficient for that purpose, the full faith, credit and resources of the City arehereby irrevocably pledged.

This Bond is one of an issue of Bonds aggregating the principal amount of $2,070,000,all of which are of like tenor, except as to denomination, interest rate, maturity date andredemption provision, issued by the City pursuant to the provisions of Section 67.04, WisconsinStatutes, for the following public purposes: $__________________ for street improvementprojects; $__________________ for sewerage projects, consisting of stormwater projects; and

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-2-QB\49978769.1

$__________________ for airport projects, as authorized by resolutions adopted on December12, 2017 and January 9, 2018. Said resolutions are recorded in the official minutes of theCommon Council for said dates.

The Bonds maturing on February 1, 2029 and thereafter are subject to redemption prior tomaturity, at the option of the City, on February 1, 2028 or on any date thereafter. Said Bonds areredeemable as a whole or in part, and if in part, from maturities selected by the City, and withineach maturity by lot (as selected by the Depository), at the principal amount thereof, plusaccrued interest to the date of redemption.

[The Bonds maturing in the years ________ are subject to mandatory redemption by lotas provided in the resolution awarding the Bonds, at the redemption price of par plus accrued

interest to the date of redemption and without premium.]

In the event the Bonds are redeemed prior to maturity, as long as the Bonds are inbook-entry-only form, official notice of the redemption will be given by mailing a notice byregistered or certified mail, overnight express delivery, facsimile transmission, electronictransmission or in any other manner required by the Depository, to the Depository not less thanthirty (30) days nor more than sixty (60) days prior to the redemption date. If less than all of theBonds of a maturity are to be called for redemption, the Bonds of such maturity to be redeemedwill be selected by lot. Such notice will include but not be limited to the following: thedesignation, date and maturities of the Bonds called for redemption, CUSIP numbers, and thedate of redemption. Any notice provided as described herein shall be conclusively presumed tohave been duly given, whether or not the registered owner receives the notice. The Bonds shallcease to bear interest on the specified redemption date provided that federal or other immediatelyavailable funds sufficient for such redemption are on deposit at the office of the Depository atthat time. Upon such deposit of funds for redemption the Bonds shall no longer be deemed to beoutstanding.

It is hereby certified and recited that all conditions, things and acts required by law toexist or to be done prior to and in connection with the issuance of this Bond have been done,have existed and have been performed in due form and time; that the aggregate indebtedness ofthe City, including this Bond and others issued simultaneously herewith, does not exceed anylimitation imposed by law or the Constitution of the State of Wisconsin; and that a direct annualirrepealable tax has been levied sufficient to pay this Bond, together with the interest thereon,when and as payable.

This Bond has been designated by the Common Council as a "qualified tax-exemptobligation" pursuant to the provisions of Section 265(b)(3) of the Internal Revenue Code of1986, as amended.

This Bond is transferable only upon the books of the City kept for that purpose at theoffice of the Fiscal Agent, only in the event that the Depository does not continue to act asdepository for the Bonds, and the City appoints another depository, upon surrender of the Bond

39

-3-QB\49978769.1

to the Fiscal Agent, by the registered owner in person or his duly authorized attorney, togetherwith a written instrument of transfer (which may be endorsed hereon) satisfactory to the FiscalAgent duly executed by the registered owner or his duly authorized attorney. Thereupon a newfully registered Bond in the same aggregate principal amount shall be issued to the newdepository in exchange therefor and upon the payment of a charge sufficient to reimburse theCity for any tax, fee or other governmental charge required to be paid with respect to suchregistration. The Fiscal Agent shall not be obliged to make any transfer of the Bonds (i) after theRecord Date, (ii) during the fifteen (15) calendar days preceding the date of any publication ofnotice of any proposed redemption of the Bonds, or (iii) with respect to any particular Bond,after such Bond has been called for redemption. The Fiscal Agent and City may treat andconsider the Depository in whose name this Bond is registered as the absolute owner hereof forthe purpose of receiving payment of, or on account of, the principal or redemption price hereofand interest due hereon and for all other purposes whatsoever. The Bonds are issuable solely asnegotiable, fully-registered Bonds without coupons in the denomination of $5,000 or any integralmultiple thereof.

[This Bond shall not be valid or obligatory for any purpose until the Certificate of

Authentication hereon shall have been signed by the Fiscal Agent.]

No delay or omission on the part of the owner hereof to exercise any right hereunder shallimpair such right or be considered as a waiver thereof or as a waiver of or acquiescence in anydefault hereunder.

40

-4-QB\49978769.1

IN WITNESS WHEREOF, the City of Baraboo, Sauk County, Wisconsin, by itsgoverning body, has caused this Bond to be executed for it and in its name by the manual orfacsimile signatures of its duly qualified Mayor and City Clerk; and to be sealed with its officialor corporate seal, if any, all as of the original date of issue specified above.

CITY OF BARABOO,SAUK COUNTY, WISCONSIN

By: ______________________________Michael PalmMayor

(SEAL)

By: ______________________________Cheryl M. GieseCity Clerk

41

-5-QB\49978769.1

[Date of Authentication: _______________, ______

CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds of the issue authorized by the within-mentionedresolutions of the City of Baraboo, Wisconsin.

________________________________, _____________

By____________________________

Authorized Signatory]

42

-6-QB\49978769.1

ASSIGNMENT

FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto____________________________________________________________________________

(Name and Address of Assignee)

____________________________________________________________________________(Social Security or other Identifying Number of Assignee)

the within Bond and all rights thereunder and hereby irrevocably constitutes and appoints______________________________________, Legal Representative, to transfer said Bond onthe books kept for registration thereof, with full power of substitution in the premises.

Dated: _____________________

Signature Guaranteed:

_____________________________ ________________________________(e.g. Bank, Trust Company (Depository or Nominee Name)or Securities Firm)

NOTICE: This signature must correspond with thename of the Depository or Nominee Name as itappears upon the face of the within Bond in everyparticular, without alteration or enlargement or anychange whatever.

____________________________(Authorized Officer)

43

Ouu,trslnaøLU

December 29,20L7

VIA EMAIL

Ms. Cynthia HaggardFinance DirectorCity of Baraboo135 4th StreetBaraboo, WI 53913

$2,070,000 City of BarabooGeneral Obligation Corporate Purpose Bonds, Series 20184

Dear Cynthia:

Attached is a draft of the Award Resolution to be adopted in connection with the

above-referenced financing. We have prepared the Resolution with the information provided tous by Ehlers & Associates, Inc. ("Ehlers"). Please review the Resolution carefully.

It is our understanding that the Resolution will be considered by the Common Council at

its meeting on January 9,2018 after the bid opening earlier that day.

If you have not already done so, please include the title of the Resolution on the agenda

for the meeting. Please then post the agenda in at least three public places and provide it to the

official newspaper of the City (or if the City has no offrcial newspaper, to a news medium likelyto give notice in the area) and to any other requesting media at least twenty-four hours prior to

the meeting (see Section 19.84(lXb), Wisconsin Statutes). The attached Certificate ofCompliance with Open Meeting Law must be completed in connection with the meeting at

which the Resolution is adopted.

Unless the Common Council has adopted special rules regarding the adoption ofborrowing resolutions, a vote of at least a majority of the members of the Common Council is

necessary to adopt the Resolution.

You will note in reviewing the Resolution that some of the exhibits will be provided to

the City on the day of sale. It is our understanding that Ehlers will provide this information to

you and to us after the bid opening and prior to the meeting on January 9,2018. We will email a

final copy of the Resolution, including all exhibits, on the day of sale (January 9,2018) prior to

the meeting for the Common Council to review and approve. We will also provide hard copies

of the complete finalized Resolution at the time we send the closing documents.

41 I East Wisconsin AvenueSuite 2350Milwaukee, Wisconsin 53202-4426414,277,5000Fax 414.271.3552www.quarles.com

Attorneys at Law in

ChicagolndianapolisMadisonMilwaukeeNaplesPhoenixScottsdaleTampaTucsonWashington, D.C.

Re

eB\49978s81. l-

44

Ms. Cynthia HaggardDecember 29,2017Page 2

Following the adoption of the Resolution, we request that you return one executed copy

of the Resolution, as well as one executed copy of the Certificate of Compliance with Open

Meetings Law to us for our review. All of these originally signed documents will be included inthe closing transcript. A copy of the Resolution should be incorporated into the minutes of the

January 9, 2018 meeting.

We are also attaching a Municipal Information Questionnaire and a Private Activityand Other Tax Matters Questionnaire. Please review, cotrecto if necessary, complete and

return these questionnaires to us before the January 9,2018 meeting. They contain informationwhich will help us draft the closing documents which will be required in connection with this

financing.

Please feel free to contact me at (4I4) 277 -577 5 or any member of the Quarles & Brady LLPpublic finance team if you have any questions or comments.

Very truly yours,

QUARLES & BRADY LLP

Brian G. Lanser

BGL:BJK:TABEnclosures#t40329.00027cc: Mr. Edward Geick (w/enc. via email)

Ms. Cheryl M. Giese (w/enc. via email)Ms. Lori Laux (w/enc. via email)Mr. James Mann (w/enc. via email)Ms. Dawn Gunderson Schiel (w/enc. via email)Ms. Mary Zywiec (w/enc. via email)Ms. Sue Porter (w/enc. via email)Ms. Bridgette Keating (w/enc. via email)Ms. Tracy Berrones (w/enc. via email)

eB\4997ss9r".1

45

p:\council\resolutions\1-9-18 sale of fire engine.docx

NBR - 2RESOLUTION NO. 2017 - Dated: January 9, 2018


Background:The fire department took delivery of the new Fire Engine on December 7, 2017 The Engine was authorized forpurchase in January 2017 by Resolution #16-140. This resolution also authorized the City Administrator to sell the oldfire apparatus. Chief Stieve also brought the new Engine to the Public Safety Committee on December 11, 2017 andtold the committee that he would be taking steps to advertise the old equipment for sale.

The City Administrator authorized the sale of the 1992 Pierce Lance Engine. The asking price was set at $30,000.00.Fire Chief Kevin Stieve advertised the Engine through an e-mail listing provided by the Wisconsin State Fire ChiefsAssociation, on the City’s Website and through Baraboo Fire Department’s Facebook page.A City of Gassville, Arkansas Fire Department Member and their Mayor contacted me with a contingent offer of thefull asking price the same day the Engine was advertised. Gassville purchased our 1990 Engine from a third partydealer when it was sold in 2013. They informed me that they liked it so much that they wanted to buy this one.

Fiscal Note: ( one) Not Required Budgeted Expenditure Not BudgetedCommentsFunds from this sale, if authorized, deposited back into the fire department capital equipment fund.


TH A T theFireC hief isauthorized to sellthe1992P ierceL anceFireE ngineto theC ityof Gassville,A Rfor$30,000.00.

Offered by: Finance Approved:Motion:Second: Attest:

46

P:\Council\Resolutions\1-9-18 Reso for Baraboo Broadcasting agr 2018-20.docx

NBR – 3

RESOLUTION NO. 2017- Dated: January 9, 2018The City of Baraboo, Wisconsin

Background The agreement with Baraboo Broadcasting (WRPQ) expired on December 31, 2017. The previousagreement had been for a 3 year period. The City has proposed renewing the agreement with BarabooBroadcasting for another 3 year period. Kory Hartman of WRPQ, City Attorney Emily Truman and CityAdministrator Ed Geick have been negotiating a new agreement over the past several months. The currentservice agreement is for $32,000/year and the new agreement will be $30,000/year. The Finance & PersonnelCommittee will be reviewing the agreement on January 9th.

Mr. Hartman proposes changes in service to improve programing. These changes are improve the public accessto the previously recorded meetings and open up new ideas for community programing on the City’s cablechannel. This is a budgeted expenditure.

Note: ( one) [ ] Not Required [ X ] Budgeted Expenditure [ ] Not BudgetedComments:

Resolved by the Common Council of the City of Baraboo, Sauk County, Wisconsin:

To approve of a new service agreement with Baraboo Broadcasting for the period of January 1, 2018 throughDecember 31, 2020.

Offered by: Finance/Personnel Comt. Approved:Motion:Second: Attest:

47

_____________________________________________City ofBarabooandBarabooBroadcastingAgreem ent2018– 2020

P age1 of8

A GR EEM EN T BET W EEN T HECIT Y O FBAR ABO O A N D T HEBAR ABO O BR O A DCA S T IN G CO R P O R A T IO NDR A FT 12-27-17

T HIS AGR EEM EN T BET W EEN T HE CIT Y O F BA R A BO O A N D T HE BAR ABO O BR O A DCA S T IN GCO R P O R A T IO N (“ Agreem ent” ),effectiveasofthe1stday ofJanuary,2018,ism adeby and betw eentheCity ofBaraboo,aW isconsinm unicipalcorporationw itham ailingaddressof1354th S treet,Baraboo,W I53913 (101 S outh Blvd,Baraboo,W I53913 effective springof2018)(“ City” ),and Baraboo BroadcastingCorporationd/b/aW R P Q and W 43BR ,aW isconsincorporationw itham ailingaddressof407 O akS t,P OBox#456,Baraboo,W I53913 (“ BarabooBroadcasting” ).

R ECIT A L S

W HER EA S ,the City hasgranted acable television franchise to CharterCom m unications,underthe brand nam e S pectrum (“ S pectrum ” ),pursuant to Chapter21 ofthe M unicipalCode ofthe City ofBarabooand,pursuanttoS ection21.23 ofsaid Code,S pectrum hasgranted theCity thefull-tim euseofagovernm entalaccesschannel(“ T heChannel” );and

W HER EA S ,the City hasdeterm ined that in view of increasingly com plex and technicalrequirem entsinvolved in the operation ofT he Channel,coupled w ith the City’sdesire to reach m orecitizensby utilizingadditionalm ediaoutletssuchassocialm ediaandYouT ube,itisinthebestinterestoftheCity thatanindependententity experienced and qualified inthedesign,operationand m aintenanceofacabletelevisionchanneloperateT heChannelandprovideadditionalm ediaoutletsfortheCity;and

W HER EA S ,the City hasdeterm ined that Baraboo Broadcasting isqualified and capable ofprovidingtheservicesrequiredtooperateT heChannelandtoprovideliveaudioandvideobroadcastsonT he Channelofallregularand specialCom m on Councilm eetings,in addition to providing additionalm ediaoutletsasdescribedinthisAgreem ent(“ S ervices” );and

W HER EA S ,BarabooBroadcastingherebycovenantsandrepresentstotheCitythatithasatrainedand sufficientstaffand theeducation,experience,and know ledgenecessary toprovidetheS ervicesinahighly qualified professionalm anner for the City and in accordance w ith allapplicable rulesandregulationsestablishedby thestateandfederalgovernm ent.

IT IS T HER EFO R Eagreedbetw eentheCity andBarabooBroadcastingasfollow s:

T ER M S

1. S ervices. BarabooBroadcastingshallprovidetotheCity thefollow ingS ervices:

a. O perate and m aintain T he Channel,telecasting audio and video broadcastsconcerning Citygovernm ent deliberations,services,program s,activitiesand related educationaland publicinform ationalprogram m ingasdirectedby theCity; providetelecastingofm ultiplem essagesonthe T V screen at one tim e;provide adiverse selection ofbackgroundsand background colors;im portation of localphotographsand other graphic m aterial,digitalcam era im aging andautom atedplaybackofallaudioandvideobroadcastedprogram m ing. T hisinform ationm ay alsobebroadcastonotherm ediaplatform soperated by BarabooBroadcasting,suchassocialm ediasitesandYouT ube.

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b. Develop,createand broadcastonT heChanneland otherm ediaplatform soperated by BarabooBroadcasting,such associalm ediasitesand YouT ube,relevantand engagingcontentasfurtherdescribedinAttachm entA,subjecttothepriorapprovaloftheCity Adm inistrator,andasfurtherdescribedinP aragraph5,below .

c. Allaudio and video broadcasts,including charactergeneration fortextualm essages,shallbeproduced and broadcast to a"television broadcast" quality and clarity and except asexpresslyprovided in thisAgreem ent,Baraboo Broadcasting shallprovide the necessary equipm ent tosatisfy thisstandard.T he term "television broadcast" quality shallm ean aquality and claritysim ilartothequalityandclarityofaudioandvideoqualityproducedandem ployedbyatelevisionbroadcaststation,suchasW 43BR .

d. P roperlypreparedtextualm essagesfrom theCityandreceivedbyBarabooBroadcastingbetw een8:00 A.M .M onday and 12:00 N oon Friday ofeach w eek(exclusive ofholidays)shallbe telecaston T he Channelw ithin 24 hoursoftheirreceipt,exceptem ergency m essagesshallbe given toppriority by Baraboo Broadcasting and shallbe telecast prom ptly upon receiptifthe m essage isreceived betw een 8:00 A.M . and 5:00 P .M .,M onday through Friday. Em ergency m essagesreceived by Baraboo Broadcasting during other hoursshall be telecast w ith reasonableprom ptnessconsideringthe available staffingofBaraboo Broadcastingatthe tim e them essageisreceived. T he City shallprovide the basicinform ation foreach textualm essage and BarabooBroadcasting shallw rite,edit and prepare the m essage in aclear,accurate and professionalm annerfortelecastingonT heChannel.

e. Allinform ation from the City to be telecast by Baraboo Broadcasting shallbe acceptable ifreceivedinw riting,em ail,telephone,orbyafacsim ileatBarabooBroadcasting'splaceofbusinessat407O akS treet,Baraboo,W isconsin.

f. Except asexpressly set forth herein,Baraboo Broadcasting shall provide all equipm ent,supplies,m aterialsand personnelnecessary to operate and m aintain T he Channelrequired bythisagreem entand to providelivevideo and audiobroadcastsonT heChannelofallregularandspecialCom m on Councilm eetings,w ithout lim itation,conducted in the City Com m on CouncilCham bers.T heaudioandvideobroadcastofCom m onCouncilm eetingsonT heChannelshallbeproduced and broadcast to a"television broadcast" quality on T he Channelasdefined insubparagraph (c)above.T he City acknow ledgesand agreesthatBaraboo Broadcastingshallnotbe responsible forpoorquality audio transm issionscaused solely by the publicaddresssystemprovided by the City orby poorquality audio and/orvideo transm ission caused solely by them odulatorand/orcable television transm ission line connecting the CouncilCham bersto thebroadcastingequipm entatBarabooBroadcasting'splaceofbusiness.

2. T erm andContingency. T heterm ofthisAgreem entshallbeforthreeyears,com m encingonJanuary1,2018,and expiringDecem ber31,2020. T he term ofthisAgreem entissubjectto and conditionedupontheCity'scontinued receiptofcabletelevisionfranchisefeestotheextentrequired by theFCC,W isconsin S tate S tatute and S ection 21.19 of the M unicipalCode of the City of Baraboo andconditioned furtherupontheCity'scontinued freeuseofagovernm entaccesscablechannelfortheoperationoftheCityofBaraboogovernm entchannelatleasttothesam eextentasthecurrentCityofBaraboogovernm entchannel.Inaddition,theterm ofthisAgreem entissubjectto changesrequiredby S tate law that m ay further define the term sof franchising betw een the City and Charter

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Com m unications.IfthisAgreem entisterm inated before the end ofthe term ,Baraboo Broadcastingshallbepaidonapro-ratabasistothedateofterm ination.

3. Com pensation.T he City shallpay com pensation to Baraboo Broadcasting in the am ount ofthirtythousanddollars($30,000)peryearforeachofthethreeyearsofthisAgreem ent,foratotalpaym entprice of ninety thousand dollars($90,000). P aym ent shallbe m ade by the City to BarabooBroadcastingonam onthlybasis.Invoicesm ustbesubm ittedtotheCityonthelastdayofeachm onthandpaym entshallbem adeby theCity toBarabooBroadcastingw ithin30 calendardaysofinvoicing.

4. M aterials,Equipm ent,S uppliesand P ersonnel. Except asexpressly set forth herein,BarabooBroadcasting shallfurnish,at itsow n expense,allequipm ent,supplies,m aterialsand personnelnecessary to carry out the term sof thisAgreem ent. Baraboo Broadcasting shallbe fully andcom pletely responsible for and in controlof the w ork perform ed by itspersonnel. BarabooBroadcasting shallbe solely responsible forinstalling,repairing,m aintaining,and replacing saidequipm entinordertoprovidetheservicesrequired by thisAgreem ent.Anexceptiontothisshallbem ade w hen the City relocatesitsadm inistrative services,including the CouncilCham bers,from itscurrentlocation at135 Fourth S treet,Baraboo,W Ito 101 S outh Blvd,Baraboo,W I,in the spring of2018,to101 S outhBlvd,Baraboo,W I. P riortoorconcurrentw iththem ove:

a. T he City shallprovide to Baraboo Broadcasting afeed from the City’snew video productionsystem in the CouncilCham bersviaadigitalh.264 orh.265 stream ing video encoder,such asaT eredek,free ofcharge,capable ofallow ingthe City to transm itthe digitalsignalfrom the newbuildingtoBarabooBroadcastingviatheInternet.T hevideoencodershallbeow nedandinsuredby the City,and it shallbe the City’ssole responsibility to im m ediately repairorreplace theencoderifnecessary.

b. Baraboo Broadcasting shallprovide adigitalh.264 orh.265 stream ing video receiver,such asaT eredek,toreceivethedigitalsignalsentfrom thenew City buildingtoBarabooBroadcasting. Itshallbe the sole responsibility ofBaraboo Broadcasting to install,com m ission,m aintain,andinsurethevideoreceiverandtoim m ediately repairorreplacethereceiverifnecessary.

c. T heCityshallprovidetoBarabooBroadcastinganHD tocom positeS D scalertoconvertthedigitalsignalsentfrom thenew buildingtotheanalogsignalrequiredby S pectrum . ItshallbetheCity’ssole responsibility to im m ediately repairorreplace the scalerifnecessary,unlessthe repairorreplacem entisnecessary duetothenegligenceofBarabooBroadcastingorany em ployee,agentorvolunteerthereof.

d. BarabooBroadcastingshallprovideallnecessary video and audio interconnectioncablesasw ellasinstallation and com m issioningofthevideo encoder/receiverpairand the HD to S D scaleratthe101 S outhBlvdbuildingandtheBarabooBroadcastingstudios.

e. T heCity shallensuretheCity’snew equipm entatthe101 S outhBlvdbuildinghasthecom patibleoutputsand the properethernetplugand netw orkconfiguration necessary to connectw ith thevideoencoder. Baraboo Broadcastingshallnotberesponsibleforany additionalcostrelated tothe required outputsfrom the City’sequipm entorInternet/Ethernet N etw orkconfiguration oftheCity’sinfrastructureinordertofulfilltheS ervicesinthisAgreem ent.

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5. ChannelP urposeandEligibility forU se.

a. Baraboo Broadcastingshallonly broadcastortelecastonT heChannelforand onbehalfoftheCity and for no other purpose w hatsoever w ithout the w ritten perm ission of the CityAdm inistrator.Allprogram m ingonT heChannelshallbethesoleresponsibilityoftheCityatthedirectionoftheCom m onCounciland theCom m onCouncilshallestablishallrules,regulationsandpoliciesforuseofT heChannel,unlessotherw iseagreedonacase-by-casebasisbythe CityAdm inistratorandBarabooBroadcasting.T heChannelshallnotbeusedasapoliticalforum ,orasam echanism forbuildingsupportforaparticularpolicy,program ,orissue.T heChannelshallbeused by theCity toachievethefollow ingobjectives:

i. T o provide com prehensive inform ation about program sand servicesoffered to Cityresidentsby City departm ents.

ii. T o w iden the dissem ination ofinform ation concerning the activitiesofthe legislative andadvisory bodiesoftheCity.

iii. T oexpandcom m unity aw arenessoflocalgovernm entanditsdecision-m akingprocesses.

iv. T o provide City related educationaland public inform ationalm aterialsto City residentsthroughcable-castpresentations.

v. T oprovidetechnicalassistancetoCity departm entsintheexerciseoftheirfunctions.

vi. T o im prove em ergency com m unicationsin the event ofdisasterorw ide spread servicedisruption.

b. Baraboo Broadcasting shallonly telecast inform ation on T he Channelprovided directly toBaraboo Broadcasting from the City Clerk,City Adm inistrator,M ayor,orfrom the Com m onCouncilpursuant to aduly and law fully adopted resolution,ordinance ordirective,w ith theexception oforiginalcontent created by Baraboo Broadcasting that hasbeen pre-approved inw riting by the City Adm inistrator. S ee also Attachm ent A. Baraboo Broadcasting shallberesponsible forensuringthe originalcontentdoesnotinfringe on any copyrightorotherthird-party rights. Baraboo Broadcasting shallprovide ahard copy to the City Clerk ofalloriginalcontent broadcast m ade pursuant to thisAgreem ent w ithin seven (7)calendardaysofsaidbroadcast. BarabooBroadcastingshallretainow nershiprightsofalloriginalcontent.

c. Baraboo Broadcastingshallnottelecastinform ationon T he Channelprovided orreceived fromany otherperson,board,com m ission orentity,unlesspre-authorized in w riting by the CityAdm inistratororby resolutionoftheCom m onCouncil.AccesstoT heChannelshallbelim itedtoCity functionsandoperations.

d. N o slanderous,lew d,obscene orviolent m aterialshallbe allow ed on T he Channeland w henquestionsarise asto the adm issibility of m aterial or language in thisregard,BarabooBroadcastingshallbeauthorized torejectany suchm aterialuntilithasreceivedproperw rittenauthorization from the City Adm inistrator.N o prom otion,endorsem ent oradvertising foranyprivatebusiness,com m ercialserviceorproduct,profitm akingactivity,politicalcandidateorpartisan

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causeshallbeallow edonT heChannel,oranysolicitationforcharitable,civicorreligiousdonations.P rom otional announcem entsfor City sponsored eventsshall be acceptable for telecasting.P rom otionalannouncem entsforevents,charities,oroutsideorganizationsinw hichtheCity hasnoofficialinterestorsponsorshipshallnotbeperm itted.

6. S erviceS tandards.

a. Baraboo Broadcasting shallcontrolthe conduct and m eansof perform ing the S ervices,provided,how ever,such S ervicesshallbe perform ed in accordance w ith the provisionsofthisAgreem ent. All S ervices shall be perform ed in accordance w ith the independent andprofessionaljudgm ent ofBaraboo Broadcasting and Baraboo Broadcasting shallperform itsS ervices hereunder substantially in a good,w orkm anlike and prudent m anner and inaccordance w ith generally accepted practicesfor the operation of governm entalaccesschannelsin the S tate ofW isconsin. Allem ployees,agentsand representativesofBarabooBroadcastingshallconductthem selvesinasafe,soberandcourteousm annerw hileperform ingS ervicesunderthisAgreem ent.Allw orkand servicesunderthisAgreem entshallbeperform edby personnelw ho are duly and properly trained to m aintain and operate the equipm entnecessary to provide the servicesset forth in S ection 1,above,and to furtherprofessionallyw rite,editandprepareforpresentationthepublicinform ationm essagesgeneratedby theCityto be broadcast on T he Channeloron any ofBaraboo Broadcasting’sotherm ediaoutlets,including socialm ediaand YouT ube.In the case ofunreasonably slow progress,carelessness,negligence,inattentionordissatisfactiononthepartoftheCity intheperform anceofthew orkand servicesrequired under thisAgreem ent,or in the event of a breach by BarabooBroadcastingofany provisionsofthisAgreem ent,theCity shallhavetherighttoterm inatethisAgreem ent asprovided in S ection T en and allofthe City'sobligationshereunder,except forpaym entforS ervicespreviously perform ed priortothedateofterm ination,shallcease.

b. BarabooBroadcastingagreesthatinconnectionw iththeS ervicesperform edunderthisAgreem entitw illnotdiscrim inate againstany em ployee orapplicantforem ploym entbecause ofrace,color,religion,sex,nationalorigin,age,handicap,orany otherform sofdiscrim inationprohibitedby stateorfederallaw .

c. Intheperform anceofS ervicesrequired by thisAgreem ent,BarabooBroadcastingagreesthatsaidS ervicesshallbeconductedinfullcom pliancew ithapplicableprovisionsoftheordinancesoftheCityofBaraboo,theW isconsinS tatutes,theregulationsoftheFederalCom m unicationCom m issionandallotherapplicable law s,rulesand regulationsasadopted orprom ulgated by any governm entalagencyorregulatorybody,local,stateandfederal.BarabooBroadcastingassum esfullresponsibilityfor the paym ent of allstate and federalw age w ithholding requirem ents,payrolltaxesorassessm ents,w hetherstateorfederal,astoallem ployeesofBarabooBroadcastingengagedintheperform anceofw orkandservicesunderthisAgreem entandfurtheragreestom eetallrequirem entsthatm aybespecifiedundertheregulationsoftheadm inistrativeofficialsorbodieschargedw iththeenforcem entofany state orfederalem ploym entlaw s.Baraboo Broadcastingfurtherunderstandsandagreesthatitshallprovidew orker'scom pensationinsurancecoverageforallofitsem ployeesasprovidedbylaw .

7. IndependentContractorR elationship.Baraboo Broadcasting acknow ledgesand agreesthatitisanindependent contractorand that Baraboo Broadcasting isnotan agentorem ployee ofthe City,or

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any ofitscom m issions,boardsorcom m ittees,and thatthisAgreem entisnotto be construed asapartnershiporjointventurebetw eenBarabooBroadcastingandtheCity.T heem ployeesofBarabooBroadcastingarenotem ployeesoftheCityandarethereforenotentitledtoanybenefitsw hatsoeverprovided by the City,including,but not lim ited to,health,w orker'scom pensation,unem ploym entinsurance,life insurance,pension plans,vacation,sick leave,retirem ent,orany otherbenefitsorcom pensation ofany kind ornature w hatsoeverthat the City providesforany ofitsem ployees.Baraboo Broadcastingagreesand acknow ledgesthatitshallbe entirely and solely responsible forallofthe actsofitsagentsand em ployeesw hile engaged in the perform ance ofthe serviceshereincontractedfor.

8. Default. In the event Baraboo Broadcasting defaultsin the perform ance of the term sof thisAgreem ent,theCity shallhavetheunrestrictedandunconditionalrighttoterm inatethisAgreem entupongivingBarabooBroadcastingw rittennoticeofsuchdefault,unlessBarabooBroadcastingcuressaiddefaultw ithinseven(7)calendardaysofreceivingsaidnotice.BarabooBroadcastingagreesthatin the event ofadefault it shallbe liable forthe City'scostsand expenses,including reasonableattorney'sfees,incurredinenforcingany rightsoftheCity pursuanttothisAgreem ent.T hefollow ingshallbeconsideredadefaultofthisAgreem ent:

a. BarabooBroadcasting’snon-perform anceofanyterm ,covenantorconditionofthisAgreem ent;

b. T he institution by or against Baraboo Broadcasting for insolvency,receivership or bankruptcyproceedings,orany otherproceedingsforthe settlem entofBaraboo Broadcasting’sdebts,and/orBarabooBroadcastingm akinganassignmentforthebenefitofcreditors.

c. BarabooBroadcasting’sdissolutionorceasingtodobusiness.

9. N otice. Any noticesrequired orperm itted to be given perthisAgreem entshallbe given in w ritingand shallbe delivered (a) in person,or (b) by certified m ail,postage prepaid,return receiptrequested,andsuchnoticesshallbeaddressedasfollow s:

T oBarabooBroadcasting: Kory Hartm an,P residentBarabooBroadcastingCorporationP .O .Box456407O akS treetBaraboo,W I53913

T o theCity: City Adm inistratorCity ofBaraboo135 4th S treetor101 S outhBlvdBaraboo,W I53913

W ithaCopy to: City AttorneyCity ofBaraboo135 4th S treetor101 S outhBlvdBaraboo,W I53913

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Allnoticesshallbedeem edtobegivenonthedateofpersonaldelivery totheabovenam edperson,orthreebusinessdaysafterthedateofm ailing.

10.Insurance,Indem nification,andCom pliancew ithL aw sandR egulations.

a. Exceptasprovided herein,Baraboo Broadcasting covenantsand agreesto indem nify,defend andsave harm lessthe City,itsofficers,agentsand em ployeesagainst allclaim s,dem ands,paym ents,suits,actions,recovery andjudgm ents,includingcostsandreasonableattorney’sfeesofevery kindanddescriptionforpersonalinjuryorpropertydam agebrought,asserted,m adeorrecoveredbyanypersonsagainst said entitiesorpersonsby reason ofany intentionalact orany negligent act orom issionofBarabooBroadcasting,itagentsorem ployees,w hileengagedintheperform anceofanyw ork or servicescovered by thisAgreem ent provided,how ever,that Baraboo Broadcastingindem nification obligationshereundershallnotapply to the extentthatclaim sare caused by thenegligenceoftheCity,itsofficers,agentsorem ployees.

b. Baraboo Broadcastingshallcarry and m aintain duringthe term ofthisAgreem entgeneralliabilityinsurance coverage,w hich coverage shallinclude com prehensive generalliability,autom obileliability,em ployer'sliability,prem isesliability,com pleted products,contract liability and personalinjuryliabilityintheam ountof$500,000 forthedeathoforinjurytopersonsinany oneoccurrenceand$500,000 fordam ageordestructionofproperty.BarabooBroadcastingshallprovidetotheCityw ithin10 calendardaysoftheexecutionofthisAgreem entcertificatesofinsurancerequiredunderthisAgreem entandeachoftheabove-m entionedinsurancecoverageshallnam etheCity,itsofficers,directors,em ployeesand representativesasadditionalinsuredsand allinsurance coverage shallcontaina10 calendardaynoticeofcancellationtotheCity.Allinsuranceprem ium sshallbepaidinatim ely m annerby BarabooBroadcastingandshallbew ithoutany costorchargew hatsoevertotheCity.

12. M iscellaneousP rovisions.

a. Baraboo Broadcastingshallatalltim esperform itsobligationsunderthisAgreem entin aw ay andm annerso asto not interfere w ith any governm entalservice perform ed by the City,the City'sem ployees,andtheCity’sauthorizedrepresentativesandagent.

b. Baraboo Broadcasting acknow ledgesand agreesthat the City shallhave the right at alltim estoenforcetheprovisionsofthisAgreem entinstrictaccordancew iththeterm shereof,notw ithstandinganyconductorcustom onthepartoftheCityinrefrainingorsodoingatanytim eortim es.T hefailureoftheCityatanytim eortim estoenforceitsrightsundertheprovisionsofthisAgreem entstrictlyinaccordancew iththeterm shereofshallnotbeconstruedashavingcreatedacustom inany w ay orm annercontrary to the specificprovisionsofthisAgreem ent orashaving in any w ay orm annerm odifiedorw aivedthesam e.

c. Allrightsand rem ediesoftheCity arecum ulativeand concurrent,and theexerciseofonerightorrem edyshallnotbedeem edaw aiverorreleaseofanyotherrightorrem edy.

d. T hesubstantivelaw softheS tateofW isconsinshallgoverntheconstructionofthiscontractandtherightsand rem ediesofthe partieshereto. Ifany provision ofthisAgreem entshallbe held invalid

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underanyapplicablelaw s,suchinvalidityshallnotaffectanyotherprovisionsofthisAgreem entthatcanbegivenaffectw ithouttheinvalidprovision,andtothisend,theprovisionshereofareseverable.

e. T hisAgreem ent shallbe binding upon and inure to the benefit ofthe partieshereto,theirheirs,representatives,successorsand assigns; how ever,thisAgreem ent and any interest or claimhereundershallnotbeassigned,sub-contractedortransferredbyBarabooBroadcastingtoanyotherpartyorpersonsw ithoutthepriorw rittenconsentoftheCity,w hichconsentm aybew ithheldinthediscretionoftheCity.

f. T hisAgreem entm aybeam endedatanytim euponm utualw rittenconsent.

BA R ABO O BR O A DCA S T IN G CO R P O R A T IO N

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ P rint: ________________________________

T itle: ________________________________Date: ________________________________

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ P rint: ________________________________

T itle: ________________________________Date: ________________________________

CIT Y O FBA R ABO O

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ M ikeP alm ,M ayor

Date: ________________________________

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ CherylGiese,City Clerk/FinanceDir.

Date: ________________________________

ApprovedastoForm :

_________________________________Em ily T rum an,BarabooCity Attorney

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P:\Council\Resolutions\1-9-18 Ho-Chunk Nation MOU Field Training Officer.docx

NBR - 4

RESOLUTION NO. 2018- Dated: January 9, 2018The City of Baraboo, Wisconsin

Background: The Ho-Chunk Nation has recently employed John Kratochwill as a police officer (“Ofc.Kratochwill”) to work for the Ho-Chunk Nation Police Department. Ofc. Kratochwill is in need of police fieldtraining in order to become a competent police officer capable of working a uniformed, solo patrol assignment ina safe, skillful, productive, and professional manner.

The City of Baraboo, the Village of Lake Delton, and the City of Reedsburg all have police officers who are certifiedField Training officers and, in the spirit of cooperation and mutual assistance, each have agreed to provide Ofc.Kratochwill with field training at no cost to the Ho-Chunk Nation. The City of Baraboo has made their offerconditioned upon the Ho-Chunk Nation agreeing to the terms contained in a Memorandum of Understanding, whichrequires, in part, that the Ho-Chunk Nation fully indemnify and defend the City of Baraboo for Ofc. Kratochwill’sactions during the duration of Ofc. Kratochwill’s field training with the City.

Note: ( one) [ x ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments:


WHEREAS, the Ho-Chunk Nation has recently employed John Kratochwill as a police officer (“Ofc.Kratochwill”) to work for the Ho-Chunk Nation Police Department; and

WHEREAS, Ofc. Kratochwill is in need of police field training in order to become a competent policeofficer capable of working a uniformed, solo patrol assignment in a safe, skillful, productive, and professional manner;and

WHEREAS, it is mutually understood by the parties that the intent of field training is to introduce a newpolice officer to the procedures, policies, and purposes of working in law enforcement and to provide the initial formaland informal training specific to law enforcement and the day-to-day duties of police officers, as well as to enhancethe professionalism, job skills, and ethical standards of both the Wisconsin and Ho-Chunk Nation law enforcementcommunity; and

WHEREAS, the City’s Police Department has several trained and experienced police officers who arecertified Field Training officers and Force Options instructors; and

WHEREAS, in the spirit of cooperation and mutual assistance, and to continue to foster a good workingrelationship between the Ho-Chunk Nation and the City, the City has offered to provide Ofc. Kratochwill with fieldtraining from one or more Baraboo Officers at no cost to the Ho-Chunk Nation, subject to the terms contained in theMemorandum of Understanding agreed to by the Ho-Chunk Nation.

Now therefore be it resolved by the Common Council of the City of Baraboo, Sauk County, Wisconsin, that:

The Common Council authorizes the Baraboo Police Department to provide field training to Ofc. Kratochwill of theHo-Chunk Nation Police Department subject to the terms and conditions contained in the Memorandum ofUnderstanding.

Offered by: Administrative Committee Approved:Motion:Second: Attest:

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________________________________________________________City ofBarabooandHo-ChunkN ation

O fficerFieldT rainingM em orandum ofU nderstandingP age1 of10

M EM O R A N DU M O FU N DER S T A N DIN G

BET W EEN T HECIT Y O FBAR A BO O A N D T HEHO -CHU N K N A T IO N

T HIS M EM O R A N DU M O FU N DER S T A N DIN G (“ Agreem ent” )ism ade and entered into on this26

day ofDecem ber,2017,by and betw een the City ofBaraboo,aW isconsin m unicipalcorporation w ith a

m ailing addressof135 4th S treet,Baraboo,W I53913 (“ City” ) and the Ho-Chunk N ation,afederally

recognized Indian T ribe w ith am ailing addressofP .O .Box 667,BlackR iverFalls,W I54615 (“ Ho-Chunk

N ation” ). T heCity andtheHo-ChunkN ationm ay bereferredtohereinasthe“ P arties.”

P R EA M BL E

W HER EA S ,theHo-ChunkN ationhasrecently em ployedJohnKratochw illasapoliceofficer(“ O fc.

Kratochw ill” )tow orkfortheHo-ChunkN ationP oliceDepartm ent;and

W HER EA S ,O fc.Kratochw illisin need ofpolice Field T raining in orderto becom e acom petent

police officercapable ofw orking auniform ed,solo patrolassignm entin asafe,skillful,productive,and

professionalm anner(“ FieldT raining” );and

W HER EA S ,itism utually understoodbytheP artiesthattheintentofFieldT rainingistointroduce

anew police officerto the procedures,policies,and purposesofw orking in law enforcem ent and to

providethe initialform aland inform altrainingspecificto law enforcem entand the day-to-day dutiesof

police officers,asw ellasto enhance the professionalism ,job skills,and ethicalstandardsofboth the

W isconsinandHo-ChunkN ationlaw enforcem entcom m unity;and

W HER EA S ,theCity’sP oliceDepartm enthasseveraltrained and experienced policeofficersw ho

arecertifiedFieldT rainingofficers(“ FT O ” )andForceO ptionsinstructors;and

W HER EA S ,in the spiritofcooperation and m utualassistance,and to continue to fosteragood

w orking relationship betw een the Ho-Chunk N ation and the City,the City hasoffered to provide O fc.

Kratochw illw ith Field T raining from one orm ore Baraboo O fficersat no cost to the Ho-ChunkN ation,

subjecttotheterm scontainedherein.

IT IS N O W ,T HER EFO R E,agreedby theP artiesasfollow s:

T ER M S

I. T ER M . T hisM O U shallbeginonthedatefully executed by theP artiesand w illexpireonApril30,2018,unlessterm inatedearlierasprovidedforherein.T heP artiesm ay renew thisM O U only byaseparate w ritten agreem entoraddendum hereto,w hich m ustbe executed by both P arties.U pon thefullandcom pleteexecutionofthisAgreem ent,O fc.Kratochw illm ay beginFieldT rainingw iththeCity ofBarabooP oliceDepartm ent.

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II. FIEL D T R A IN IN G.

A. S election of FT O . T he Field T raining shallconsist of O fc. Kratochw illbeingassigned tooneorm oreFT O s,asselected by theBarabooP oliceChiefordesignee,and O fc.Kratochw illw illaccom pany theFT O duringtheFT O sregularw orkshift.

B. Field T rainingExperience. T heField T rainingshallconsistoftheO fc.Kratochw illw orkingalongsidetheFT O asam utualaid officer,asdefined by §66.0313,W is.S tat.,inordertoreceivetraining in entry-levellaw enforcem ent. T hisw illinclude Firearm s,Defense and Arrest T actics(DAAT ),and T AS ER instruction along w ith response to routine and em ergency calls. O fc.Kratochw illw illbeinstructedonthenecessaryskillstoperform asasolopatrolofficerinS aukCountyandw illreceiveatleast118 hoursofscheduledtrainingw ithFT O andForceO ptionsinstructors. T rainingw illbedocum entedonrecognizedDaily O bservationR eports.

C. U niform /Identification/Equipm ent. At alltim esduring the Field T raining,O fc.Kratochw illm usthave on hisperson hisHo-ChunkN ation police badge and hisvalid W isconsin driver’slicense.Duringportionsofthe Field T raining,O fc.Kratochw illw illbe required to w earhisregularpoliceuniform ,w hichm ustclearly identify him asaHo-ChunkN ationpoliceofficer,asw ellashisfully equippedpoliceduty belt. W hennotrequiredtow earhispoliceuniform ,O fc.Kratochw illm ustbeclothedinattiresuitablefortheFieldT raining,asdeterm inedby theFT O . DuringtheFieldT raining,O fc.Kratochw illm ayuseCity equipm entandm ay beallow edtotakehom ecertainCity property betw eenFieldT rainingshifts.P riorto taking hom e any City property,O fc.Kratochw illm ust receive perm ission from the FT O . In theeventO fc.Kratochw illdam agesorlosesany City property,hem ustim m ediately reportittotheFT O or,ifthe FT O isunavailable,to the Baraboo P olice Chief,Captain orL ieutenant. Any dam age orlossto Citypropertym ustbereim bursedinfulltotheCitybytheHo-ChunkN ationw ithinthirty(30)daysofsaidloss.In the event O fc.Kratochw illdam agesorloseshisow n personalproperty orproperty belonging to theHo-ChunkN ation,theHo-ChunkN ationagreestoreim burseand/orreplacesaidproperty pursuanttotheHo-ChunkN ation’spolicy.

III. R EQ U IR EM EN T S O F HO -CHU N K O FFICER . During the term of thisAgreem ent,thefollow ingm ustoccur:

A. Em ploym ent. T heO fc.Kratochw illshallbeem ployedby theHo-ChunkN ationasafully accredited and w eapon certified police officer. If,at any point during thisAgreem ent O fc.Kratochw illceasesem ploym entw iththeHo-ChunkN ationinthiscapacity,orifO fc.Kratochw illbecom esunderinvestigation,disciplined,suspendedorotherw isetheHo-ChunkN ationm ustnotifytheCityassoonasthe Ho-Chunk N ation becom esaw are of the cessation,and thisAgreem ent shallim m ediatelyterm inate.Innow ay shallthisM O U beinterpretedtom eanthatO fc.Kratochw illisem ployedby theCityor any departm ent ofthe City. At alltim esduring thisAgreem ent,the Ho-Chunk N ation shallberesponsible forthe paym ent ofO fc.Kratochw ill’sw agesand benefitsincluding,but not lim ited to,anyovertim e paym ent,m edicalbenefits,pension orotherretirem ent benefits,and w orkerscom pensationbenefits. Inaddition,bothduringandaftertheterm ofthisAgreem ent,O fc.Kratochw illm ustbeavailabletotestify inany proceedingrelatedtow orkdoneby O fc.Kratochw illintheCity,andm ustbereim bursedforthistim eandexpenseby theHo-ChunkN ation.

B. R elationship w ith FT O . O fc.Kratochw illm ust be respectfulto the FT O and theFT O ’sdirectionistobeacceptedandfollow edby O fc.Kratochw illatalltim es,includingO fc.Kratochw ill’s

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tim ely com pletion ofany assignm entsorreports.IfO fc.Kratochw illbelievesthat aspecific orderisim proper,heshoulddiscussitw iththeFT O .IfO fc.Kratochw illisunabletoresolvetheissuew iththeFT O ,heshouldasktom eetw iththeBarabooP oliceChieftodiscusstheorder.

C. P olicy and P rocedure. O fc.Kratochw illw illbe provided accessto the BarabooP oliceDepartm ent’sP oliciesandP roceduresandm ustfollow allpoliciesandprocedures.O fc.Kratochw illm ustalsoabidebytheCity’sEthicsandConflictofInterestordinances.IfO fc.Kratochw illbelievesapolicyorprocedure isim proper,he should discussitw ith the FT O . IfO fc.Kratochw illisunable to resolve theissue w iththe FT O ,theO fc.Kratochw illshould askto m eetw ith the Baraboo P olice Chiefto discussthepolicy orprocedure.

D. Em ergency S ituationsR equiringM utualAid. O fc.Kratochw illisnotperm ittedtow orkintheCityw ithouttheim m ediatepresenceoftheFT O exceptintheeventofabonafideem ergency,assolely determ ined by the Baraboo P olice Departm ent,and m utualaid support isrequested by theBaraboo P olice Departm ent pursuant to §66.0313,W is.S tat.,during w hich tim e the Ho-Chunk N ationshallrem ainresponsibleforO fc.Kratochw ill’sw agesandbenefitsinadditiontoany civilliability.

IV. HO L D HA R M L ES S A N D IN DEM N IFICA T IO N . T he City isallow ing O fc. Kratochw illto

engageinFieldT raining,w hereinhew illbew orkingalongsidetheFT O asam utualaidofficer,asdefined

byW is.S tat.§66.0313.T hisagreem entisconditionedontheHo-ChunkN ationassum ingallrisksofinjury,

liability and harm thatO fc.Kratochw illm ay sustainin connectionw ith orasaresultofO fc.Kratochw ill

engagingin the Field T raining,orthatO fc.Kratochw illm ightcause to anotherperson orproperty,and

on the furthercondition that the Ho-ChunkN ation entersinto thisAgreem ent w ith the City. T he Ho-

ChunkN ation w arrantsthatitsP olice Departm ent iscertified by the S tate ofW isconsin and m aintains

L iability CoveragepursuanttoW is.S tat.§ 165.92(3m ).

T he Ho-ChunkN ation acknow ledgesand agreesthatthere are certain risksand dangersinvolved

inFieldT rainingandacknow ledgesthatparticipationinFieldT rainingcouldcausepotentialinjury,harm ,

death ordam age to O fc.Kratochw ill,dam age to O fc.Kratochw ill’sproperty,and dam age to the Ho-

ChunkN ation’sproperty.T heHo-ChunkN ationw arrantsandrepresentsthatO fc.Kratochw illisinsound

physicaland m entalconditionand iscapableofparticipatingin Field T rainingw ithoutriskto him selfor

others,and that O fc. Kratochw illhasalready received police training through an accredited police

trainingprovider.T HEHO -CHU N KN AT IO N ACCEP T S A N D AS S U M ES AL L R IS KS W HAT S O EVER AS S O CIAT ED

W IT H O FC.KR AT O CHW IL L ’S P AR T ICIP AT IO N IN FIEL D T R AIN IN G including,w ithout lim itation,risksof

physicalinjury,m entalinjury,em otionalstress,traum a,death,equipm ent failure,inadequate safety

equipm ent,the effectofw eatherconditions,traffic,collisionsbetw een m otorvehiclesofalltypesand

descriptions,oranyotheraccident,andincludingnegligentactsandom issionsoftheCity,anditsagents,

em ployees,officialsand officers,to O fc.Kratochw illand to the Ho-Chunk N ation,including,w ithout

lim itation,any and allcivilliability.

T HE HO -CHU N K N AT IO N FU R T HER AGR EES T O DEFEN D AN D HO L D HAR M L ES S T HE CIT Y,IT S

BO AR DS ,CO M M IT T EES ,O FFICER S ,EM P L O YEES ,AU T HO R IZED R EP R ES EN T AT IVES AN D VO L U N T EER S

AGAIN S T A N Y AN D AL L L IABIL IT IES ,L O S S ES ,DAM AGES CO S T S O R EX P EN S ES (IN CL U DIN G,W IT HO U T

L IM IT AT IO N , ACT U AL AT T O R N EY’S A N D CO N S U L T AN T ’S FEES ) W HICH T HE CIT Y, IT S BO AR DS ,

CO M M IT T EES , O FFICER S , EM P L O YEES , AU T HO R IZED R EP R ES EN T AT IVES AN D VO L U N T EER S M AY

62



S U S T AIN ,IN CU R O R BE R EQ U IR ED T O P AY BY R EAS O N O FO R IN AN Y W AY R EL AT ED T O BO DIL Y IN JU R Y,

P ER S O N AL IN JU R Y O R P R O P ER T Y DAM AGE O FW HAT S O EVER N AT U R E O R IN CO N N ECT IO N W IT H O R IN

AN Y W AY R EL AT ED T O O FC. KR AT O CHW IL L ’S FIEL D T R AIN IN G. IT IS AGR EED T HAT T HE HO -CHU N K

N AT IO N W IL L BER ES P O N S IBL EFO R P R IM AR Y L O S S IN VES T IGAT IO N .

T HEHO -CHU N KN AT IO N FU R T HER ACKN O W L EDGES AN D AGR EES T HAT AL L P O T EN T IAL R IS KS AR E

KN O W N A N D AP P R ECIAT ED BY T HEHO -CHU N KN AT IO N AN D T HEHO -CHU N KN AT IO N W AIVES AN Y AN D

AL L S P ECIFIC N O T ICE O FT HE EX IS T EN CE O FR IS KS . Duringthe term ofthisAgreem ent,O fc.Kratochw ill

agreestoabideby allrulesandregulationsoftheCity ofBarabooand itsP oliceDepartm ent.

In fullunderstanding and agreem ent w ith the foregoing and in consideration ofO fc.Kratochw ill

being allow ed to participate in the Field T raining,T HE HO -CHU N K N AT IO N DO ES HER EBY R EL EAS E,

ACQ U IT ,FO R EVER DIS CHAR GE AN D CO VEN AN T N O T T O S U E T HE CIT Y O F BAR ABO O ,T HE BAR ABO O

P O L ICE DEP AR T M EN T , AN D T HEIR AGEN T S , IN S U R ER S , R EP R ES EN T A T IVES , O FFICER S , CO U N CIL

M EM BER S ,VO L U N T EER S ,DIR ECT O R S A N D EM P L O YEES from any claim s,dem ands,actions,and causes

ofaction ofany nature orsortw hatsoever,regardlessofthe form ofaction,w hetherin contract,tort,

includingnegligence,strictliability orotherw iseforinjuries,includingdeath,and/ordam ages,including

property dam ages,and/or costs,expensesor attorney’sfees,w hether foreseen or unforeseen,

sustained,threatened,incurred,directly orindirectly,arisingfrom ,outof,orinconnectionw ithorasa

resultofO fc.Kratochw illundertakingorengagingin allorany partofthe Field T raining.T HIS R EL EAS E

AP P L IES W IT HO U T L IM IT AT IO N .

V. T ER M IN A T IO N . T hisAgreem ent m ay be term inated by eitherP arty,w ith orw ithoutcause,uponnoticetotheotherparty.T heCitym ayalsoterm inatethisAgreem ent,w ithorw ithoutcause,by givingverbalnotice to O fc.Kratochw illinthe eventO fc.Kratochw illisin breach ofthisAgreem entinanyw ay,inw hichcasetheCityisundernoobligationtoallow tim eforO fc.Kratochw illtocurethebreach.

VI. N O T ICE. Any notice,consentorothercom m unicationinconnectionw iththisAgreem entshallbeinw ritingandm ay bedeliveredinperson,by m ailorby em ail.Ifhand-delivered,thenoticeshallbeeffectiveupondelivery.Ifbyem ail,thenoticeshallbeeffectivew hensent.Ifservedbym ail,thenoticeshallbe effective three (3)businessdaysafterbeing deposited in the U nited S tatesP ostalS ervice bycertifiedm ail,returnreceiptrequested,addressedappropriately totheintendedrecipientasfollow s:

Ho-ChunkN ation: ChiefofP oliceEarlL em ieuxHo-ChunkN ationW 9598Highw ay 54BlackR iverFalls,W I54615

City ofBarabooP oliceDepartm ent: P oliceChiefM arkS chaufCity ofBaraboo1354th S treetBaraboo,W I53913

63



W ithaCopy to: City AttorneyCity ofBaraboo1354th S treetBaraboo,W I53913

W ithaCopy to: Ho-ChunkN ationDepartm entofJusticeP .O Box667BlackR iverFalls,W I54615

VII. S EVER A BIL IT Y. Ifany provisionofthisAgreem entshallbeheldinvalidunderany applicablelaw s,suchinvalidity shallnotaffectany otherprovisionsofthisAgreem entthatcanbegivenaffectw ithouttheinvalidprovision,andtothisend,theprovisionshereofareseverable.

VIII. A M EN DM EN T S . S ubject to applicable law and subject to the otherprovisionsofthisM O U ,thisM O U m ay be am ended by the partieshereto,based on approvalofthe parties’ governingbodies,atany tim eby executionofaninstrum entinw ritingsignedonbehalfofeachofparty.

IN W IT N ES S W HER EO F,the P artieshave caused thisAgreem ent to be executed by theirdulyauthorizedrepresentativesasoftheday andyearfirstabovew ritten.

T HEHO -CHU N KN A T IO N

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ DouglasGreengrass

T itle: Ho-ChunkN ationViceP residentDate: ________________________________

W itnessS ignature:___________________________ By: ________________________________EarlL em ieux

W itnessP rint:_______________________________ T itle: Ho-ChunkN ationChiefofP oliceDate: ________________________________

64



CIT Y O FBA R ABO O

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ M ikeP alm ,M ayor

Date: ________________________________

W itnessS ignature:___________________________ By: ________________________________W itnessP rint:_______________________________ CherylGiese,City Clerk/FinanceDir.

Date: ________________________________

ApprovedastoForm :

________________________________Em ily T rum an,BarabooCity Attorney

P :\Adm inistration\A ttorney\Agreem entsandContracts\1-3-18 Ho-ChunkandBP D FieldO fficerT rainingM O U .docx

65


O fficerFieldT rainingM em orandum ofU nderstandingP age7of10

AP P EN DIX A

W is.S tat.§165.92 T riballaw enforcem entofficers;pow ersandduties.

(1) DEFIN IT IO N S .Inthissection:

(a)“R eservation lands"m eansalllandsw ithin theexteriorboundariesofan Indian reservation in this

state.

(b)“T riballaw enforcem ent officer" m eansaperson w ho isem ployed by atribe forthe purpose of

detectingand preventingcrim eand enforcingthetribe'slaw sorordinancesand w ho isauthorized by the

tribetom akearrestsofIndianpersonsforviolationsofthetribe'slaw sorordinances.

(c)“T ribe"m eansafederally recognized Indiantribeorband inthisstate.

(d)“T rustlands"m eansany landsin thisstate held in trustby the U nited S tatesgovernm entforthe

benefitofatribeoram em berofatribe.

(2) P O W ER S AN D DU T IES .

(a)A triballaw enforcem entofficerw hom eetstherequirem entsofs.165.85 (4)(a)1.,2.,and 7.shall

havethesam epow erstoenforcethelaw softhestateandtom akearrestsforviolationsofsuchlaw sthat

sheriffshave,includingpow ersgranted tosheriffsunderss.59.27 and 59.28 and underthecom m onlaw ,

andshallperform thedutiesacceptedunders.165.85 (3)(c).

(b)Exceptasprovidedinpar.(c)ands.175.40,thepow ersanddutiesdescribedunderpar.(a)m ay be

exercised orperform ed by atriballaw enforcem entofficeronly onthereservationofthetribeorontrust

landsheld forthetribeorforam em berofthetribethatem ploystheofficer.

(c)Any triballaw enforcem ent officerm aking an arrest underthe authority ofthissubsection m ay

transportthearrested person to the jailorotherdetention facility ofthecounty in w hich the arresttook

place orto anotherjailordetention facility agreed upon by the tribe and the county in w hich the arrest

tookplace.

(3) L IABIL IT Y.Exceptasprovidedins.175.40 (6m )(c)1.andunlessotherw iseprovidedinajointprogram

planunders.165.90 (2)oranagreem entbetw eenapoliticalsubdivisionofthisstateandatribe,thetribe

thatem ploysatriballaw enforcem entofficerisliableforallactsand om issionsoftheofficerw hileacting

w ithin thescopeofhisorherem ploym ent,and neitherthestatenorany politicalsubdivision ofthestate

m ay beheldliableforany actionoftheofficertakenundertheauthority ofsub.(2).

(3m ) R EQ U IR EM EN T S .N o triballaw enforcem entofficerm ay exercise orperform the pow ersorduties

describedundersub.(2)(a)unlessallofthefollow ingapply:

(a)O neofthefollow ing:

165.92(3m )(a)1.1.T hegoverningbody ofthetribethatem ploystheofficeradoptsandhasineffecta

resolution thatincludesastatem entthatthetribew aivesitssovereign im m unity to theextentnecessary

toallow theenforcem entinthecourtsofthisstateofitsliability undersub.(3)oranotherresolutionthat

the departm entofjustice determ inesw illreasonably allow the enforcem entin the courtsofthisstate of

thetribe'sliability undersub.(3).

2.T he tribe ortriballaw enforcem entagency thatem ploysthe officerm aintainsliability insurance

thatdoesallofthefollow ing:

66


O fficerFieldT rainingM em orandum ofU nderstandingP age8of10

a.Coversthetriballaw enforcem entagency foritsliability undersub.(2)ands.66.0513.

b.Hasalim itofcoveragenotlessthan$2,000,000 forany occurrence.

c.P rovidesthat the insurer,in defending aclaim against the policy,m ay not raise the defense of

sovereignim m unity oftheinsured uptothelim itsofthepolicy.

(b)T hetribeortriballaw enforcem entagencythatem ploystheofficerhasprovidedtothedepartm ent

ofjustice acopy ofthe resolution underpar.(a) 1.orproofofinsurance underpar.(a) 2.,and the

departm entofjusticehaspostedeitheracopy ofthedocum entornoticeofthedocum entontheInternet

siteitm aintainsforexchanginginform ationw ithlaw enforcem entagencies.

(4) DEP U T IZAT IO N BY S HER IFF.N othing in thissection lim itstheauthority ofacounty sheriffto depute a

triballaw enforcem ent officerunders.59.26 (5),including the authority to grant law enforcem ent and

arrestpow ersoutsidetheterritorydescribedinsub.(2)(b).Deputizationofatriballaw enforcem entofficer

by asheriffshallnotlim itthepow ersanddutiesgrantedtotheofficerby sub.(2).

66.0313 L aw enforcem ent;m utualassistance.

(1) Inthissection:

(a)“L aw enforcem ent agency" hasthe m eaning given in s.165.83 (1)(b)and includesatriballaw

enforcem entagency.

(b)“T riballaw enforcem entagency"hasthem eaninggivenins.165.83 (1)(e).

(2) Exceptasprovided insub.(4),upontherequestofany law enforcem entagency,includingcounty

law enforcem ent agenciesasprovided in s.59.28 (2),the law enforcem ent personnelofany otherlaw

enforcem entagency m ay assisttherequestingagency w ithinthelatter'sjurisdiction,notw ithstandingany

otherjurisdictionalprovision.Forpurposesofss.895.35 and 895.46,law enforcem ent personnel,w hile

acting in response to arequestforassistance,shallbe deem ed em ployeesoftherequesting agency and,

totheextentthatthosesectionsapplytolaw enforcem entpersonnelandalaw enforcem entagencyacting

underoraffected by thissection,ss.895.35 and 895.46 shallapply to triballaw enforcem entpersonnel

andatriballaw enforcem entagency actingunderoraffectedby thissection.

(3) T heprovisionsofs.66.0513 apply to thissection and,to theextentthats.66.0513 appliesto law

enforcem entpersonneland alaw enforcem entagency actingunderoraffected by thissection,itapplies

to triballaw enforcem entpersonneland atriballaw enforcem entagency actingunderoraffected by this

section.

(4) A law enforcem ent agency,otherthan atriballaw enforcem ent agency,m ay not respond to a

request forassistance from atriballaw enforcem ent agency at alocation outside the law enforcem ent

agency'sterritorialjurisdictionunlessallofthefollow ingapply:

(a)O neofthefollow ingapplies:

1.T hegoverningbody ofthetribethatcreated thetriballaw enforcem entagency adoptsand hasin

effect aresolution that includesastatem ent that the tribe w aivesitssovereign im m unity to the extent

necessary to allow theenforcem entin the courtsofthisstateofitsliability undersub.(2)and s.66.0513

oranotherresolutionthatthedepartm entofjusticedeterm inesw illreasonably allow theenforcem entin

thecourtsofthisstateofthetribe'sliability undersub.(2)ands.66.0513.

2.T he triballaw enforcem ent agency orthe tribe that created the triballaw enforcem ent agency

m aintainsliability insurancethatdoesallofthefollow ing:

67



a.Coversthetriballaw enforcem entagency foritsliability undersub.(2)ands.66.0513.

b.Hasalim itofcoveragenotlessthan$2,000,000 forany occurrence.

c.P rovidesthat the insurer,in defending aclaim against the policy,m ay not raise the defense of

sovereignim m unity oftheinsured uptothelim itsofthepolicy.

3.T he law enforcem entagency and the triballaw enforcem entagency have in place an agreem ent

underw hich the law enforcem ent agency acceptsliability undersub.(2)and s.66.0513 forinstancesin

w hichitrespondstoarequestforassistancefrom thetriballaw enforcem entagency.

(b)T hetriballaw enforcem entagency requestingassistancehasprovidedtothedepartm entofjustice

acopy oftheresolutionunderpar.(a)1.,proofofinsuranceunderpar.(a)2.,oracopy oftheagreem ent

underpar.(a)3.,and thedepartm entofjusticehasposted eitheracopy ofthedocum entornoticeofthe

docum entontheInternetsiteitm aintainsforexchanginginform ationw ithlaw enforcem entagencies.

68



A P P EN DIX B

Docum ent1:Ho-ChunkN ationL egislativeR esolution04-05-11J(Ho-ChunkN ationP oliceDepartm entR ecognition)

Docum ent2:July 6,2015 L etterfrom theW isconsinDepartm entofJusticeR ecognizingtheHo-ChunkN ationasinCom pliancew ithW is.S tat.§ 66.0313(4)(a).

Docum ent3:W IL EN ET P ageR ecognizingtheHo-ChunkN ationasM eetingtheR equirem entsofW is.S tat.§ 165.92(3m )(a)toEnforceW isconsinS tatutesandW is.S tat.§ 66.0313(4)(a)toP rovideM utualAssistance.

69

City of Baraboo Treasurer's Report Investment 2017.xlsx 12/13/2017Month Nov 2017

Bank Balance Bank

BANK INVESTMENTS Type Fund Account Term Maturity Rate BNB LGIP WF/JB CFB SUM BWD PDS FBB RCB CLARE WCCU ICB CCF FICA BMO SCHWAB Grand Total

Airport Cert of Deposit 630 7068859 21 months 7/16/18 1.00% 81,887.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 81,887.83

Alma Waite Account NOW account 820 104502957 Daily 0.49% 29,983.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 29,983.06

Alma Waite Trust Fund Cert of Deposit 820 7069241 36 months 3/11/20 1.50% 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00

6275826 36 months 7/8/18 1.50% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 164,842.68 0.00 0.00 0.00 0.00 164,842.68

25688 36 months 4/20/19 1.30% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 0.00 150,000.00

6295215 36 months 10/16/19 1.35% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,000.00 0.00 0.00 0.00 0.00 125,000.00

3854749 29 months 7/18/19 1.26% 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00

54962-24534 36 months 2/15/18 1.20% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 206,069.04 0.00 0.00 0.00 0.00 0.00 206,069.04

Investment Pool 820 856206-3 Daily 1.09% 0.00 36,925.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36,925.69

Dana Investment 820 3694-7092 (blank) 1.16% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 250,000.00 250,000.00

CDA-Grant Accounts Checking 220 1000934/1146394 Daily none 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.00

CDA-Loan Accounts (blank) 983 (blank) (blank) (blank) 605,457.40 162,621.29 0.00 115,484.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 883,562.98

Fire Benefit Fund Investment 900 126696102 Daily 0.10% 0.00 0.00 0.00 0.00 648.63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 648.63

Cert of Deposit 900 6900470891 13 months 12/1/18 1.49% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 80,000.00 0.00 80,000.00


Fire Equipment Fund Cert of Deposit 420 54962-24618 36 months 3/16/18 1.20% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 128,805.80 0.00 0.00 0.00 0.00 0.00 128,805.80

19965 36 months 12/14/18 1.20% 0.00 0.00 0.00 0.00 0.00 0.00 126,504.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 126,504.11

25689 36 months 4/20/19 1.30% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,000.00 0.00 0.00 0.00 0.00 0.00 125,000.00

6294952 36 months 9/13/19 1.35% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 131,641.41 0.00 0.00 0.00 0.00 131,641.41


Friends of the Library Savings 940 103035891 Daily 0.10% 19,203.49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19,203.49

General Cash Account Checking / NOW 100 1000306/9830 Daily .04%/.49% 923,460.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 923,460.68

General Fund Money Market 100 908-640 Daily 0.20% 0.00 0.00 203,605.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 203,605.10

86190136 Daily 0.75% 0.00 0.00 0.00 516,699.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 516,699.70

163563 Daily 0.20% 0.00 0.00 0.00 0.00 0.00 104,167.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 104,167.37

7481010 Daily 0.35% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 257,555.19 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 257,555.19

202718610 Daily 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 250,797.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 250,797.75

471582 Daily 0.45% 0.00 0.00 0.00 0.00 0.00 0.00 252,555.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 252,555.17

10080968 Daily 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 642,620.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 642,620.16

525450 Daily 0.60% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400,432.88 0.00 0.00 0.00 0.00 0.00 0.00 400,432.88

54962-07 Daily 0.50% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 118,474.35 0.00 0.00 0.00 0.00 0.00 118,474.35

5031443 Daily 0.75% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 57,437.78 0.00 0.00 0.00 0.00 57,437.78

20032292 Daily 0.02% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 121,481.68 0.00 0.00 0.00 121,481.68

2061232 Daily 1.15% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,202.89 0.00 100,202.89

Cert of Deposit 100 54962-22811 36 months 4/22/19 1.30% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75,000.00 0.00 0.00 0.00 0.00 0.00 75,000.00

6197574 18 months 3/20/18 1.25% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 150,000.00

3846829 24 months 9/12/19 1.45% 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00

40029949 36 months 6/5/18 1.25% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 150,000.00

54962-25192 36 months 10/22/18 1.30% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 0.00 150,000.00

3851222 25 months 5/26/18 1.13% 0.00 0.00 0.00 0.00 0.00 125,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,000.00

29565 24 months 8/28/19 1.40% 0.00 0.00 0.00 125,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,000.00

6900460439 15 months 11/30/18 1.49% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 150,000.00

29645 18 months 3/20/19 1.40% 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00

29646 12 months 9/20/18 1.33% 0.00 0.00 0.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00


Deposit Placement 100 104791111271 Daily 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,304,848.80 0.00 0.00 1,304,848.80

10090686 Daily 0.85% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 89,627.43 0.00 0.00 0.00 0.00 0.00 0.00 0.00 89,627.43

Dana Investment 100 3694-7092 (blank) 1.16% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,225,000.00 1,225,000.00

General Fund-Bond Issue Money Market 100 104557859 Daily 1.04% 531,149.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 531,149.85


Deposit Placement 100 10090686 Daily 0.30% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 290,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 290,000.00

Library Building Fund Cert of Deposit 851 40032033 17 month 3/27/19 1.74% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 150,000.00



Library Segregated Fund NOW account 850 104551192 Daily 0.49% 92,358.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92,358.61

Library Segregated Trust FundCert of Deposit 850 7063743 36 month 3/23/18 1.19% 240,655.99 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240,655.99

14890100-6 16 month 3/22/18 0.90% 0.00 0.00 0.00 0.00 226,742.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 226,742.64

Park House Account NOW account 890 101001035 Daily 0.49% 25,180.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25,180.03

Park Impact Fees Cert of Deposit 250 20341 12 months 5/1/18 0.80% 0.00 0.00 0.00 0.00 0.00 0.00 35,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35,000.00

40032035 17 months 3/27/19 1.74% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25,000.00 0.00 0.00 0.00 25,000.00

Park Kuenzi Estate Cert of Deposit 830 6264646 24 months 7/22/18 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,150.04 0.00 0.00 0.00 0.00 15,150.04

7069931 24 months 7/25/19 1.25% 20,798.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20,798.68

Park Segregated Fund NOW account 840/870 1000-888 Daily 0.49% 89,148.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 89,148.14

Sewer Debt Service NOW account 960 104506359 Daily 0.49% 94,351.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 94,351.18

Sewer Depreciation Fund Cert of Deposit 960 7069761 18 Months 7/25/18 0.90% 154,969.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 154,969.15

Sewer Equipment Replacement FundCert of Deposit 960 14890100-1 24 Months 1/25/19 1.25% 0.00 0.00 0.00 0.00 135,077.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 135,077.06

3854693 18 month 8/14/18 1.10% 0.00 0.00 0.00 0.00 0.00 160,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 160,000.00

NOW account 960 104522281 Daily 0.49% 215,832.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 215,832.08


Sewer General Money Market 960 525990 Daily 0.60% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 245,332.31 0.00 0.00 0.00 0.00 0.00 0.00 245,332.31


NOW account 960 104550099 Daily 0.49% 760,843.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 760,843.55


Stormwater Dana Investment 950 3694-7092 (blank) 1.16% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 150,000.00

Stormwater Equip ReplacementMoney Market 950 104565819 Daily 0.49% 167,200.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 167,200.79

Utilities Account Checking 960/970 101000292 Daily 0.04% 575,463.88 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 575,463.88

Water General Money Market 970 101153201 Daily 0.49% 361,498.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 361,498.90


40032034 17 months 3/27/19 1.74% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200,000.00 0.00 0.00 0.00 200,000.00

6900470890 13 months 12/1/18 1.49% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200,000.00 0.00 200,000.00


Grand Total 5,089,453.29 1,625,947.93 203,605.10 1,007,183.99 362,468.33 639,167.37 414,059.28 508,352.94 1,022,247.59 645,765.19 1,411,424.92 644,071.91 646,481.68 1,304,848.80 530,202.89 3,150,000.00 19,205,281.21

26.50% 8.47% 1.06% 5.24% 1.89% 3.33% 2.16% 2.65% 5.32% 3.36% 7.35% 3.35% 3.37% 1.06% 6.79% 16.40% Actual

Bank Rating *** **** **** **** ***** ***** **** ***** **** **** **** **** ****

FDIC / State Insured 1,255,457.40 Unlimited 1,300,000.00 650,000.00 650,000.00 650,000.00 650,000.00 1,300,000.00 Unlimited 650,000.00 650,000.00 650,000.00 650,000.00 650,000.00 650,000.00 Unlimited 11,102,676$

Collateral 5,316,222.00 1,195,199.00 1,000,000.00 4,952,605$

Brokerage Securites 3,150,000$

Maximum Investment 6,571,679.40 1,845,199.00 1,650,000.00 19,205,281$

Lori J Laux, Treasurer

70

TREASURER'S INVESTMENT REPORT for November 2017

Benchmarks:

Avg Term LGIP 1.09%Total Receipts: 1,429,833.16 General Funds: 7.5 M 0.87%

Utility Funds: 11.9 M 0.79% 90-day T-bill: 1.31%Total Disbursments: 1,303,429.80 Segregated Funds: 27.6 M 1.17%

Securities w/Dana 2.9 years 1.13% 6M CD: 0.84%All Funds: 12.7 M 0.91% 12M CD: 1.11%

Liquid: 56% 18M CD 1.33%Term: 44%

Policy Objectives:Safety: ▪ $3,150,000 has been invested in marketable securities with Dana Investments, these are not guaranteed.

Liquidity: ▪ Investing in CD's when good rates are available.Yield: ▪ Yields are increasing

TRANSACTIONS# Action Type Identification Bank Acct # Term Maturity Date Rate Amount Interest

(1) NONE

INVESTMENT ADVISOR TRANSACTIONSYield to Worst

# Action Type Identification Price Rating Note Term/WAL Maturity Date Yield - Maturity Amount Interest

(1) BUY FMAC 3134GB3T7 100.0000 AA+ Step coupon 3 year 11/25/2020 1.5% / 2.18% 150000.00 Semi annual

* Current coupon

Note

Average Rate of Return on Current Deposits

71

Baraboo Fire DepartmentMonthly Report - November 2017

November Year to Date Totals Year to Date PercentageIncident Responses 2017 2016 2016 2017 Increase/DecreaseFire, Other 0 4 4 2 2017Building Fire 1 9 9 11 32 Fire 9.14%Fire in Mobile Home used as a Fixed Structure 0 1 1 0 116 Rescue 33.14%Fire in Structures other than Building 0 0 0 0 13 Haz Mat 3.71%Cooking Fire 1 5 9 6 55 Alarm 15.71%Chimney Fire 0 0 0 1 122 Other 34.86%Vehicle Fire 0 14 14 2 12 Mutual Aid 3.43%Wildland Fire 0 3 3 3Trash or Rubbish Fire Contained 0 0 0 1 2016Outside Rubbish, Trash or Waste Fire 0 0 0 3 44 Fire 13.17%Dumpster or other Trash Receptacle Fire 0 4 4 3 105 Rescue 31.44%Outside Storage Fire 0 0 0 0 25 Haz Mat 7.49%Outside Gas or Vapor Combustion Explosion 0 0 0 0 65 Alarm 19.46%Medical Assist 0 20 23 27 80 Other 23.95%Vehicle Crash 5 63 64 73 15 Mutual Aid 4.49%Motor vehicle/pedestrian crash 0 2 2 1Search for Person on Land 0 5 5 1Extrication of Victim(s) from Building/Structure 0 0 0 0Extrication from Vehicles 0 6 7 4Extrication, Other 0 0 0 2Elevator Rescue 0 0 0 1Water/Ice Rescue 0 0 0 0High Angle Rescue 1 4 4 7Hazardous Material 1 14 15 13Carbon Monoxide Incident 0 9 10 0Hazardous Call, Other 3 9 11 25Vehicle Accident - General Cleanup 0 4 4 2Animal Rescue 0 1 1 0Water Problem, Other 0 1 1 0Smoke or Odor Removal 0 1 1 1Sevice Call, Other 1 0 0 1Lock-out 0 0 0 0Assist Police 1 1 1 5Public Service 0 4 4 18Unauthorized Burning 0 3 3 4Authorized Burning 1 2 2 3Good Intent Call 3 22 24 29Dispatched/Cancelled 2 24 25 29Wrong Location 0 0 0 0Smoke Scare, Odor of Smoke 0 1 2 2Steam, Vapor, Fog or Dust thought to be Smoke 0 0 0 3Malicious Alarm 1 8 8 4Bomb Threat 0 0 0 0Alarm 3 40 42 34Carbon Monoxide Alarm 3 13 15 17Lightning Strike 0 1 1 0Severe Weather Standby 0 0 0 0Mutual Aid - City 2 7 8 9Mutual Aid - Rural 0 6 7 3Totals 29 311 334 350 12.90%

-1 -1 Exposure Fires310 333 Total Incidents

Incident Responses by Municipality Total Incidents PercentCity of Baraboo 16 55.17% 197 56.29%Village of West Baraboo 1 3.45% 30 8.57%Town of Baraboo 6 20.69% 65 18.57%Town of Fairfield 0 0.00% 21 6.00%Town of Greenfield 4 13.79% 21 6.00%Town of Sumpter 0 0.00% 3 0.86%Mutual Aid - City 2 6.90% 10 2.86%Mutual Aid - Rural 0 0.00% 3 0.86%Totals 29 100.00% 350 100.00%

72

Baraboo Fire Department

Monthly Report - November 2017

Fire Inspections January February March April May June July August Sept. Oct. Nov. DecCity of Baraboo 33 149 159 180 174 148 10 6 40 130 153Village of West Baraboo 105 24 4 5 3 0 35 20 28 7 0Town of Baraboo 1 3 0 0 0 43 1 0 1 0 0Town of Fairfield 3 0 1 0 0 6 0 0 0 0 1Town of Greenfield 0 0 0 0 0 9 1 1 0 0 0Town of Sumpter 0 0 0 0 0 1 0 0 0 0 0Totals 142 176 164 185 177 207 47 27 69 137 154 0

Total Inspections Year to Date 1485

Number Number Number TotalFire Prevention Education - Current Month of Activities of Adults of Children ParticipantsFire Extinguisher and Fire Safety Training 0 0 0 0Fire Safety Presentations 0 0 0 0Fire Safety House Training 0 0 0 0Other (Open House) 0 0 0 0Grand Totals 0 0 0 0

2967

0Number of Number of

Smoke Alarms CO Alarms TotalInstall Smoke and Carbon Monoxide Alarms 0 0 0

24 Year to Date Total

Total Fire Safety Contacts Year to Date

73

Baraboo Fire DepartmentMonthly Report - December 2017

December Year to Date Totals Year to Date PercentageIncident Responses 2017 2016 2016 2017 Increase/DecreaseFire, Other 0 4 4 2 2017Building Fire 1 9 9 12 33 Fire 8.66%Fire in Mobile Home used as a Fixed Structure 0 1 1 0 125 Rescue 32.81%Fire in Structures other than Building 0 0 0 0 17 Haz Mat 4.46%Cooking Fire 0 9 9 6 60 Alarm 15.75%Chimney Fire 0 0 0 1 133 Other 34.91%Vehicle Fire 0 14 14 2 13 Mutual Aid 3.41%Wildland Fire 0 3 3 3Trash or Rubbish Fire Contained 0 0 0 1 2016Outside Rubbish, Trash or Waste Fire 0 0 0 3 44 Fire 13.17%Dumpster or other Trash Receptacle Fire 0 4 4 3 105 Rescue 31.44%Outside Storage Fire 0 0 0 0 25 Haz Mat 7.49%Outside Gas or Vapor Combustion Explosion 0 0 0 0 65 Alarm 19.46%Medical Assist 4 23 23 31 80 Other 23.95%Vehicle Crash 4 64 64 77 15 Mutual Aid 4.49%Motor vehicle/pedestrian crash 0 2 2 1Search for Person on Land 0 5 5 1Extrication of Victim(s) from Building/Structure 0 0 0 0Extrication from Vehicles 1 7 7 5Extrication, Other 0 0 0 2Elevator Rescue 0 0 0 1Water/Ice Rescue 0 0 0 0High Angle Rescue 0 4 4 7Hazardous Material 2 15 15 15Carbon Monoxide Incident 2 10 10 2Hazardous Call, Other 1 11 11 26Vehicle Accident - General Cleanup 1 4 4 3Animal Rescue 0 1 1 0Water Problem, Other 0 1 1 0Smoke or Odor Removal 0 1 1 1Sevice Call, Other 0 0 0 1Lock-out 0 0 0 0Assist Police 1 1 1 6Public Service 0 4 4 18Unauthorized Burning 0 3 3 4Authorized Burning 1 2 2 4Good Intent Call 5 24 24 34Dispatched/Cancelled 2 25 25 31Wrong Location 0 0 0 0Smoke Scare, Odor of Smoke 0 2 2 2Steam, Vapor, Fog or Dust thought to be Smoke 0 0 0 3Malicious Alarm 0 8 8 4Bomb Threat 0 0 0 0Alarm 4 42 42 38Carbon Monoxide Alarm 1 15 15 18Lightning Strike 0 1 1 0Severe Weather Standby 0 0 0 0Mutual Aid - City 1 8 8 10Mutual Aid - Rural 0 7 7 3Totals 31 334 334 381 14.41%

-1 -1 Exposure Fires333 333 Total Incidents

Incident Responses by Municipality Total Incidents PercentCity of Baraboo 23 74.19% 220 57.74%Village of West Baraboo 3 9.68% 33 8.66%Town of Baraboo 0 0.00% 65 17.06%Town of Fairfield 1 3.23% 22 5.77%Town of Greenfield 3 9.68% 24 6.30%Town of Sumpter 0 0.00% 3 0.79%Mutual Aid - City 1 3.23% 11 2.89%Mutual Aid - Rural 0 0.00% 3 0.79%Totals 31 100.00% 381 100.00%

74

Baraboo Fire Department

Monthly Report - December 2017

Fire Inspections January February March April May June July August Sept. Oct. Nov. DecCity of Baraboo 33 150 159 180 174 148 10 6 40 130 153 242Village of West Baraboo 105 24 4 5 3 0 35 20 28 7 0 1Town of Baraboo 1 3 0 0 0 43 1 0 1 0 0 30Town of Fairfield 3 0 1 0 0 6 0 0 0 0 1 2Town of Greenfield 0 0 0 0 0 9 1 1 0 0 0 2Town of Sumpter 0 0 0 0 0 1 0 0 0 0 0 0Totals 142 177 164 185 177 207 47 27 69 137 154 277

Total Inspections Year to Date 1763

Number Number Number TotalFire Prevention Education - Current Month of Activities of Adults of Children ParticipantsFire Extinguisher and Fire Safety Training 0 0 0 0Fire Safety Presentations 0 0 0 0Fire Safety House Training 0 0 0 0Other (Open House) 0 0 0 0Grand Totals 0 0 0 0

2967

0Number of Number of

Smoke Alarms CO Alarms TotalInstall Smoke and Carbon Monoxide Alarms 0 0 0

24 Year to Date Total

Total Fire Safety Contacts Year to Date

75

Finance/Personnel Committee –Council Chambers December 12, 2017

Members Present: Petty, Thurow, SloanAbsent: noneOthers Present: Mayor Palm, E. Geick, E. Truman, C. Haggard, W. Peterson, T. Pinion, B. Zeman, Jim Mann

Call to Order –Ald. Petty called the meeting to order at 6:00 p.m. noting compliance with the Open MeetingLaw. Moved by Thurow, seconded by Sloan to adopt the agenda and carried unanimously. Moved by Sloan,seconded by Thurow to approve the minutes of November 28, 2017. Motion carried unanimously.

Accounts Payable –Moved by Thurow seconded by Sloan to recommend to Council approval of the accountspayable for $637,920.31. Motion carried unanimously.

General Obligation Corporate Purpose Bonds –Jim Mann from Ehler’s addressed the Committee regarding theSeries 2018A, new bond issuance, and the Series 2018B, refunding of previous debt. The 2018A issuance is forthe purpose of three projects which includes streets, stormwater, and the airport. 2018B is the refunding of 2010taxable bonds.

Motion by Sloan, seconded by Thurow and carried unanimously to recommend the General Obligation CorporatePurpose Bonds, Series 2018A (Agenda items a-e) to Council.

Motion by Sloan, seconded by Thurow and carried unanimously to recommend the General Obligation RefundingBonds, Series 2018B, (Agenda item f) less the 2011 refunding through Baraboo National Bank, to Council foraction.

BioSolids Replacement Project –W. Peterson informed the Committee that the bid opening was held onDecember 5, 2017. Only 2 contractors submitted proposals and the bids were within 3% of each other. Movedby Sloan, seconded by Thurow and carried unanimously to recommend awarding the low bid from StaabConstruction to Council.

Avaya Phone System –T. Pinion explained that this upgrade will put the City Services Center (CSC), the CivicCenter, and the new City Hall on the same voice over IP (VOIP) phone system. Moved by Sloan, seconded byThurow and carried unanimously to recommend to Council.

Comments: none

Adjournment –Moved by Sloan, seconded by Thurow and carried to adjourn at 6:29 p.m.

Brenda Zeman, Deputy Clerk

76

Administrative Committee December 4, 2017Present: Alt, Thurow and EllingtonAbsent: noneAlso Present: Chief Schauf, Atty Truman, Mayor Palm, Clerk-Fin Dir Giese, Adm. Geick, Geri-rae Herritz

The meeting was called to order by Chmn. Thurow at 12:30 p.m., noting compliance with the Open Meetingslaw.

Moved by Alt and seconded by Ellington and carried to approve the minutes of November 6, 2017. Motion byEllington, seconded by Alt to approve the agenda and carried unanimously.

Airport Operations: Giese reported on the current budget, runway reconstruction project and Students inAviation. The Committee discussed that since an Airport Commission is replacing the former Committee, theyno longer need to hear monthly reports. The Airport Commission will receive the monthly reports.Moved by Ellington, seconded by Alt to no longer discuss the Airport Commission items as part of the agenda.

Excessive Household AnimalsGeri-rae Herritz says that she has two dogs and her son has a dog which puts them over the code limit. She didnot realize that the number of dogs is measured by the household. She is asking for permission to keep the 3rd

dog until one passes. Gordy explained that there are numerous neighborhood issues and her son was a majorpart of the issues. Officers and animal control were in the neighborhood several times for the issues. Geri-raestated that her ex-husband has offered to take the extra dog since it was his dog to begin with. She is not awareif all of the dogs are licensed.

Attorney Truman reviewed the code concerning the need for the additional animals due to change incircumstances, or need for service animal.

Moved by Ellington, seconded by Alt to recommend to Council that the 3rd dog be allowed until one of thempasses.

Member comments

The next meeting will be January 8, 2018 at noon.

Moved by Ellington, seconded by Alt to adjourn. Motion carried, meeting adjourned at 1:58 p.m.

Respectfully submitted,Cheryl GieseClerk-Finance Director

77

BarabooEconom icDevelopm entCom m issionBusinessW alkR eview A dHocCom m ittee

M eetingM inutesN ovem ber27,2017

I. CalltoM eetingtoO rderandN oteCom pliancew ithO penM eetingL aT hem eetingw ascalledtoorderby Andrew Bingleat5:00 P M intheR oom 12 oftheCivicCenter,1242nd S t.,Baraboo,W I. T hem eetingw asnoticedinconform ancew ithW isconsinS tateS tatuesregardingopenm eetings.

II. R ollCallP resent: Bingle,Ayar,Caflisch,T aylor,W hiteAbsent: N oneO therBEDC M em bers: P almO ther: P atrickCannon

III. A pproveAgendaM otiontoapprovetheagendaaspresentedT aylor(1);Ayar(2)Aye: AllviavoicevoteN ay: N one

IV. A pprovalofM inutesA m otionw asm adetoapprovethem eetingm inutesforO ctober17,2017 aspresented.Caflisch(1);T aylor(2)Aye: AllviavoicevoteN ay: N one

V. P ublicCom m entsN oonefrom thepublicw ishedtospeak

VI. O ldBusinessa. Discussionof2017BusinessW alkresultsanddevelopm entofim plem entationplanbased

uponresultsoftheBusinessW alk.

T heM ayorprovidedanupdatedm apofthenum berofparkingstallsinthedow ntow nareaandtheapproxim atenum berofem ployeesw orkingthatarea. Baseduponthedatapresented,thereappearstobesufficientparkinginthearea. How ever,duetocertaineventsinthedow ntow n(Court),oftentheseparkingstallsarefilled.

T hecom m itteediscussedservicenew ideasforthearea. T hisincludedchangingtheparkingtim elim itsincertainareasandtalkingw ithS aukCounty aboutredirectingtheirem ployeestoutilizedifferentparkingareas.

Variouscom m itteem em bersw eregoingtoapproachothergroupstodiscusstherecom m endationsandreporttheirfindingsatthenextm eeting.

Itw asalsorequestedthatthecity exploretheinstallationofelectriccarchargingstationsw iththeparkinglotrepairsscheduledin2018.

S taffw asaskedtoprovideacopy ofthecurrentsignordinancetothecom m itteem em berstoallowthem achancetoreview fordiscussionatafuturem eeting. T heintentw astoseew hichitem sneededtobeam endedbaseduponcurrentstandards. 78

M s.CaflischindicatedthattheCham berislookingataL unchandL earntohighlighttheneedtocreateasuccessionplanforbusinesses.

S taffw astopreparealettertoparticipantsoftheBusinessW alkandprovidethem w ithacopy ofthefinalreport.

VII. N ew Businessa. N one

VIII. Com m issionerandCity S taffcom m entsN oonefrom theBoardhadany additionalcom m ents.

IX . A djournm entM otiontoadjournthem eetingw asm adeat6:25 pm

T aylor(1);Ayar(2)Aye: AllviavoicevoteN ay: N one

Andrew Bingle P atrickCannonChairperson R ecorder

79

City of Baraboo Common Council AgendaD06131C5-F452-44C7... · ... Approve the Taxi Operating and...

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