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AGENDApacket__02-27-24
OSH KO SH C OMMO N C O UN C I L A GEN DA C O UN C IL C H A MB ER S, C ITY H ALL OSH KO SH , W I SC ON SI N Fe bruary 27, 2024 If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002. To send wr itten corr espondence to the Council, mail it to the City Manager , place it in the City Hall Dropbox, or email it to council@oshkoshwi.gov (prior to the Council meeting). A.CLOSED SESSION (5:00 PM, Room 404, City Hall): The Common Council may convene into closed session to discuss bargaining options, strategy, parameters, and terms related to the negotiation of a purchase from the Oshkosh Area School District for Washington School, and to the negotiation of a land purchase, west of Jackson Street and east of Farmington Avenue (Parcel #1250100000), pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes where competitive bargaining reasons require a closed session. B.CALL TO ORDER (6:00 PM) C.ROLL CALL D.INVOCATION - VOTING FIRST: Deputy Mayor Erickson Invocation #3 E.PLEDGE OF ALLEGIANCE: Carl Traeger Elementary & Middle Schools F.PROCLAMATION: Social Worker Month, March 2024 G.PRESENTATION: Potential Roundabout Improvements Travis Derks, Landscape Operations Manager, City of Oshkosh Amy Albright, Executive Director, Oshkosh Convention and Visitors Bureau H.CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; they must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) If you require more time please inform the Mayor at the beginning of your presentation. I.CONSENT AGENDA ITEMS (Consent Agenda items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1.Report of Bills by the Finance Director, February 9, 2024 2.Receipt & Filing of Minutes - Museum, Arts, and Culture Board Regular Meeting, 01.10.24 Board Workshop, 01.23.24 3.Receipt & Filing of Claim Filed with the City's Insurance Company - Strong #1 (alleged deficient inquiry by Police Department into victim complaint) 4.Receipt & Filing of Claim Filed with the City's Insurance Company - Strong #2 (alleged deficient inquiry by Police Department into victim complaint) 5.Res 24-80 Disallowance of Claims by Dennis Strong 6.Res 24-81 Amend Board and Commission Rules 7.Res 24-82 Final Resolution Regarding Taxable Industrial Development Revenue Bond Financing for 1508 Koeller Oshkosh, LLC 8.Res 24-83 Award Bid to MCC Inc. and Northeast Asphalt Inc. for 2024 Road Materials for Various Departments 9.Res 24-84 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD for the Cherry Street Reconstruction Project 24-07 ($68,146.78) 10.Res 24-85 Approve Change Order No. 2 (Revised) Final for Public Works Contract No. 22-02 East 9th Avenue Reconstruction / Advance Construction, Inc. ($44,944.33) 11.Res 24-86 Waive Bids and Approve Purchase of Snow Plow Blades from Burke Truck & Equipment ($27,446.47) 12.Res 24-87 Approve Contract with Beaver Services Inc. for the Demolition of 656 North Main Street ($34,000) 13.Res 24-88 Approve Special Event - Run Away Events to Utilize Menominee Park and City Streets for the Run Away to the Bay Event, April 13, 2024 14.Res 24-89 Approve Special Event - Winnebago Audubon Society and Oshkosh Bird Fest Committee to Utilize Lakeshore Park Four Seasons Building for the Oshkosh Bird Fest, May 4, 2024 15.Res 24-90 Approve Special Event - Oshkosh Garden Club to Utilize the Front Grounds of the Oshkosh Public Museum for the Oshkosh Garden Club Plant Sale, May 18, 2024 16.Res 24-91 Approve Special Class "B" Licenses 17.Res 24-92 Approve Agent Change - Pick N Save #375 J.ITEMS REMOVED FROM CONSENT AGENDA K.PENDING ORDINANCE 18.Ord 24-93 Rename, Recodify, and Amend the Following Chapters and Provisions of the City of Oshkosh Municipal Code: Chapter 3 -- Currently "Advertising" to "Finance"; Chapter 5 -- Currently "Amusements" to "Special Events"; Chapter 8 -- Currently "In General" to "Permits and Licenses"; Chapter 12 -- Currently "Finance" to "Property and Purchasing"; Section 17-12 -- Currently "Advertisements on Private Property without Owner's Consent Prohibited" to "Notices, Advertisements and Bill Posting"; and Move the provisions in the current Chapter 18 to new Chapter 8 and Repeal Chapter 18 -- Currently "Licenses" 19.Ord 24-94 Amend Definition of Overtime Parking and Basic Penalties for Violation of Parking Provisions 20.Ord 24-95 Amend Section 27-36 and Appendix 27B Regarding Designation of Parking Spaces in Downtown Municipal Parking Lots (Transportation Committee Recommends Approval) 21.Ord 24-96 Approve Changes to Chapter 3 of the City of Oshkosh Municipal Code to Create a Vehicle Registration Fee 22.Ord 24-97 Approve Zone Change from Urban Mixed Use District with a Planned Development Overlay (UMU-PD) to Institutional District (I) for the Property Located at 240 Algoma Boulevard (Plan Commission Recommends Approval) L.NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken at this meeting on items marked with an asterisk (*) unless Council formally waives the rules.) 23.*Ord 24-98 Amend Chapter 2 Article V of the City of Oshkosh Municipal Code Pertaining to Staff Offices and Departments M.NEW RESOLUTIONS 24.Res 24-99 Amend 2024 Fees and Charges Schedule 25.Res 24-100 Approve Conditional Use Permit for an Institutional Residential Use Located at 240 Algoma Boulevard (Plan Commission Recommends Approval) 26.Res 24-101 Approve Specific Implementation Plan Amendment Request for Temporary Campground at Southwest Corner of West Ripple Avenue & South Washburn Street (Parcels 1309141000, 1367000000, 1367490000, 1367500000) (Plan Commission Recommends Approval) 27.Res 24-102 Approve 2024 Downtown Business Improvement District Operation Plan and Budget Amendment (Business Improvement District Board Recommends Approval) N.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER, & FUTURE AGENDA ITEMS 28.Council Discussion and Direction to Staff A. Continue Council Discussion Regarding Mayor Selection Process (Mugerauer) B. Process to Review Combination "Class B" Liquor Licenses (Stephenson) 29.Future Workshops Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's Four-Seasons Building O.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS P.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 30.Professional Services Agreement with AECOM for Sediment Thickness Verification and Waste Characterization of North High Detention Basin ($27,600) 31.State of the City Video Release - March 27th 32.Outstanding Issues Q.ADJOURN TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Russ Van Gompel, Director of Finance D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Report of Bills by the Finance Director, February 9, 2024 B A C KGRO UN DBACKGROUND The items below are being presented for approval by the Council. These items have been properly audited and certified to by the City Comptroller and are herewith submitted for your allowance in the amount of $41,528,451.75. Bills paid February 9 and February 16, 2024 $4,581,358.60 Payroll paid February 16, 2024 $1,113,711.84 Regular cycle payables paid throughout the month of January $35,833,381.31 A t t a chment sAttachments 02092024 Check Run 02162024 Checkrun January 2024 Vendors CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 9215 02/09/2024 AIRGAS USA LLC 3,255.79 9216 02/09/2024 BROOKS TRACTOR INC 227.42 9217 02/09/2024 CARYN BEHLMAN 85.09 9218 02/09/2024 CINTAS CORPORATION NO 2 837.47 9219 02/09/2024 COMPASS MINERALS AMERICA 83,418.61 9220 02/09/2024 CONSTELLATION ENERGY SERVICES 1,454.16 9221 02/09/2024 CORE AND MAIN LP 1,575.00 9222 02/09/2024 IMAGE 360 INC 95.15 9223 02/09/2024 CURT KLASKE 15.00 9224 02/09/2024 DIGITAL PRINTING INNOVATIONS 106.52 9225 02/09/2024 ENVIRONMENTAL MANAGEMENT AND TESTING SERVICES 1,320.00 9226 02/09/2024 ENVISIONWARE INC 3,470.50 9227 02/09/2024 EWALDS HARTFORD FORD LLC 37,749.00 9228 02/09/2024 FILTERS UNLIMITED 435.90 9229 02/09/2024 GARROW OIL CORP 21,614.18 9230 02/09/2024 GFL ENVIRONMENTAL 700.90 9231 02/09/2024 GODFREY AND KAHN SC 7,983.00 9232 02/09/2024 GORDON FLESCH COMPANY INC 293.27 9233 02/09/2024 HUNTER SECURITY AND SURVEILLANCE 145.09 9234 02/09/2024 JFTCO INC 690.47 9235 02/09/2024 K AND C PEST CONTROL LLC 2,865.00 9236 02/09/2024 KEMIRA WATER SOLUTIONS INC 10,686.22 9237 02/09/2024 KENNETH L GRESSER 50.25 9238 02/09/2024 KERBERROSE S.C.17,500.00 9239 02/09/2024 KONE INC 1,103.21 9240 02/09/2024 MACQUEEN EQUIPMENT GROUP 5,406.54 9241 02/09/2024 MANDI KATION 77.05 9243 02/09/2024 MARK A ROHLOFF 95.08 9244 02/09/2024 MCNEILUS FINANCIAL INC 672.51 9245 02/09/2024 MICHELS ROAD AND STONE, INC 1,210.28 9247 02/09/2024 NORTHERN LAKE SERVICE INC 2,109.22 9248 02/09/2024 NOVER ENGELSTEIN & ASSOCIATES 835.00 9249 02/09/2024 PLYMOUTH LUBRICANTS 691.14 9250 02/09/2024 PRIMADATA LLC 11,817.22 9251 02/09/2024 PSYCHOLOGIE CLINIQUE SC 610.00 9253 02/09/2024 QUALITY TRUCK CARE CENTER INC 1,543.17 9254 02/09/2024 RED SHOES INC 3,000.00 9255 02/09/2024 REINDERS INC 3,631.34 9256 02/09/2024 SERVICEMASTER BLDG MAINTENANCE 4,935.00 9257 02/09/2024 SPECIALTY ENGINEERING GROUP LLC 21,000.00 9258 02/09/2024 TAPCO INC 1,640.00 9259 02/09/2024 MCCLONE 5,950.00 9260 02/09/2024 VANGUARD COMPUTERS INC 14,385.16 9261 02/09/2024 WI PUBLIC SERVICE CORP 90,793.03 5000593 02/09/2024 MANGO LANGUAGES 2,680.19 5000594 02/09/2024 MOTOROLA SOLUTIONS INC 75,853.20 5000595 02/09/2024 PVS CHEMICAL SOLUTIONS INC 8,092.80 5000596 02/09/2024 ABEDNEGO FIRE PROTECTION LLC 750.00 5000597 02/09/2024 ACCU COM INC 340.00 5000598 02/09/2024 ALEXANDER CHEMICAL CORPORATION 16,619.76 5000599 02/09/2024 ANDREW J PRICKETT 125.96 5000600 02/09/2024 ASC PUMPING EQUIPMENT INC 3,141.00 5000601 02/09/2024 ASSURANCE TITLE SERVICES INC 180.00 5000602 02/09/2024 ASSURANCE TITLE SERVICES INC 247.03 5000603 02/09/2024 BEEZ ELECTRIC INC 1,466.59 5000604 02/09/2024 BRINKER INTERNATIONAL 2,102.86 5000605 02/09/2024 BRUSS MELISSA 103.22 5000606 02/09/2024 CALIBER TITLE LLC 196.21 5000607 02/09/2024 CASEY KOELBL 19.43 5000608 02/09/2024 KIP R CASTELLANO 69.74 5000609 02/09/2024 CHOICE IT GLOBAL LLC 5,452.95 5000610 02/09/2024 CHRIS HAEDT 53.60 5000611 02/09/2024 CHRISTOPHER J STEUCK 274.10 5000612 02/09/2024 DEREK RADEMACHER 105.00 5000613 02/09/2024 EMMA DZIENGELESKI 192.29 5000614 02/09/2024 EVERSON AND GIBBS LLC 4,380.00 5000615 02/09/2024 FBI NATIONAL ACADEMY ASSOCIATES 115.00 5000616 02/09/2024 FOX RIVER BAIT AND TACKLE LLC 142.00 5000617 02/09/2024 DEREK GACKE 45.18 5000618 02/09/2024 GARTMAN MECHANICAL SERVICES 264,219.66 5000619 02/09/2024 GREATAMERICA FINANCIAL SVCS 347.11 5000620 02/09/2024 GUNDERSON CLEANERS INC 1,359.66 5000621 02/09/2024 JACKS MAINTENANCE SERVICE INC 4,546.00 5000622 02/09/2024 JOHN GREGORIUS 271.39 5000623 02/09/2024 A. KALMERTON WELDING SUPPLIES 241.93 5000624 02/09/2024 KYLE KEMP 45.18 5000625 02/09/2024 JAMES OR MARY KERR 38.03 5000626 02/09/2024 KEVIN SORGE 107.36 5000627 02/09/2024 KITZ AND PFEIL INC 59.44 5000628 02/09/2024 MARSHALL & SWIFT/BOECKH LLC 681.20 5000629 02/09/2024 NICOLE KRAHN 78.39 5000630 02/09/2024 OCONTO COUNTY 75.00 5000631 02/09/2024 ERVIN FISCHER 87.00 5000632 02/09/2024 CITY OF OSHKOSH 649.00 5000633 02/09/2024 CITY OF OSHKOSH 49.72 5000634 02/09/2024 OSHKOSH HERALD LLC 582.75 5000635 02/09/2024 OSHKOSH MID MORNING KIWANIS 280.00 5000636 02/09/2024 BROOKE PFAFF 101.62 5000637 02/09/2024 STATION AUTOMATION INC 2,200.00 5000638 02/09/2024 QUILL CREATIVE LLC 7,500.00 5000639 02/09/2024 NIKUNJ OR KIRTIDA RINGWALA 84.24 5000640 02/09/2024 SALZER SIDING INC 33,050.00 5000641 02/09/2024 SANDY TOLAND 60.20 5000642 02/09/2024 SCHALOW CHRISTOPHER OR KRISTI 12.05 5000643 02/09/2024 SEW DIVINE 16.00 5000644 02/09/2024 SHALLOW CREEK KENNELS INC 20,000.00 5000645 02/09/2024 STANARD AND ASSOCIATES INC 202.00 5000646 02/09/2024 THE TITLE EXCHANGE 17.19 5000647 02/09/2024 TITAN PROPERTY MANAGEMENT LLC 33.87 5000648 02/09/2024 TKK ELECTRONICS C/O US BANK NA 5,981.86 5000649 02/09/2024 TODD MUEHRER 31.49 5000650 02/09/2024 TOYS FOR TRUCKS INC 1,440.16 5000651 02/09/2024 UNIQUE MANAGEMENT SERVICES 659.20 5000652 02/09/2024 UNITED PARCEL SERVICE 142.37 5000653 02/09/2024 US SIGNAL COMPANY LLC 23.82 5000654 02/09/2024 VON BRIESEN AND ROPER SC 3,181.50 5000655 02/09/2024 WATERMARK47 INC 1,279.00 5000656 02/09/2024 WISCONSIN DEPARTMENT OF REVENUE 17,897.72 5000657 02/09/2024 EXTENSION WINNEBAGO COUNTY 625.00 5000658 02/09/2024 WINNEBAGO LAWN AND SNOW LLC 14,378.46 5000659 02/09/2024 WINNEFOX AUTO LIBRARY SERVICE 156,621.40 5000660 02/09/2024 WINNEFOX LIBRARY SYSTEM 15,974.67 1,046,059.69 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 9262 02/16/2024 ADAM KRAUSE 30.25 9263 02/16/2024 AECOM INC 10,865.63 9264 02/16/2024 CARRICO AQUATIC RESOURCES INC 835.87 9265 02/16/2024 CASEY M CANADY 10.05 9266 02/16/2024 CINTAS CORPORATION NO 2 560.45 9267 02/16/2024 CINTAS FIRE 636525 2,997.56 9268 02/16/2024 CONVERGENT CLAIMS SERVICES, LLC 3,526.92 9269 02/16/2024 CORE AND MAIN LP 132,720.00 9270 02/16/2024 CRITICAL MENTION INC 5,750.00 9271 02/16/2024 DFI SOLUTIONS IN PRINT INC 6,121.11 9272 02/16/2024 DRYDON EQUIPMENT A DXP COMPANY 1,335.00 9273 02/16/2024 ENVIROTECH EQUIPMENT 441,720.00 9274 02/16/2024 FIRE APPARATUS & EQUIPMENT INC 983.90 9275 02/16/2024 GALLAGHER BENEFIT SERVICES INC 6,000.00 9276 02/16/2024 JACOBS ENGINEERING GROUP INC 79,585.03 9277 02/16/2024 JODI ST CHARLES 72.36 9278 02/16/2024 JOHN ZARATE 321.02 9279 02/16/2024 JOHNSON CONTROLS US HOLDINGS LLC 3,412.24 9280 02/16/2024 JUSTIFACTS CVS INC 590.74 9281 02/16/2024 K AND C PEST CONTROL LLC 240.00 9282 02/16/2024 KEMIRA WATER SOLUTIONS INC 10,922.70 9283 02/16/2024 KONE INC 253,251.00 9284 02/16/2024 KWIK TRIP INC 2,283.73 9285 02/16/2024 LAFORCE INC 2,914.96 9286 02/16/2024 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 68,127.61 9287 02/16/2024 MARK A ROHLOFF 45.24 9288 02/16/2024 MICHELS ROAD AND STONE, INC 3,240.61 9289 02/16/2024 NITRO SOFTWARE INC 190.20 9290 02/16/2024 OSHKOSH CITY CAB CO INC 5,953.50 9291 02/16/2024 OSHKOSH CITY CAB CO INC 94,603.00 9292 02/16/2024 P T S CONTRACTORS INC 416,037.64 9293 02/16/2024 QUALITY TRUCK CARE CENTER INC 364.13 9294 02/16/2024 NES ECOLOGICAL SERVICES 52,478.57 9295 02/16/2024 ROGAN'S SHOES 531.50 9296 02/16/2024 SERVICEMASTER BLDG MAINTENANCE 2,715.00 9297 02/16/2024 SPEEDY CLEAN DRAIN & SEWER 7,509.22 9298 02/16/2024 STATE PUMP SUPPLY LLC 1,424.69 9299 02/16/2024 MCCLONE 47,359.58 9300 02/16/2024 ON TIME EMBROIDERY INC 773.00 9301 02/16/2024 VINTON CONSTRUCTION INC 589,404.28 9302 02/16/2024 VORPAHL INC 191.00 9303 02/16/2024 WI PUBLIC SERVICE CORP 135,037.29 9304 02/16/2024 WINNEBAGO AREA LITERACY COUNCIL 6,000.00 9305 02/16/2024 WINNEBAGO COUNTY TREASURER 210.00 5000662 02/16/2024 1 N MAIN LLC 1,535.45 5000663 02/16/2024 ADRIENNE STEPHENSON 30.02 5000664 02/16/2024 ALEXANDER CHEMICAL CORPORATION 12,710.00 5000665 02/16/2024 ALL BRANDS APPLIANCE SERVICE 394.67 5000666 02/16/2024 AMERICAN ALLIANCE OF MUSEUMS 600.00 5000667 02/16/2024 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00 5000668 02/16/2024 AMERICAN PLANNING ASSOCIATION 1,066.00 5000669 02/16/2024 ANIMAL HOSPITAL OF OSHKOSH 160.00 5000670 02/16/2024 APRIL HINKE 627.29 5000671 02/16/2024 ART CIY SIGNS LLC 4,095.00 5000672 02/16/2024 ASSURANCE TITLE SERVICES INC 180.00 5000673 02/16/2024 AT & T 422.93 5000674 02/16/2024 AT & T 528.99 5000675 02/16/2024 BARR RACKING LLC 8,778.00 5000676 02/16/2024 BAY TITLE & ABSTRACT 38.64 5000677 02/16/2024 BERGSTROM FORD OF OSHKOSH 2,432.04 5000678 02/16/2024 BLDG INSPECTORS ASSN N E WISC 50.00 5000679 02/16/2024 BOUND TREE MEDICAL LLC 3,637.66 5000680 02/16/2024 BRITTNEY MEYER 16.75 5000681 02/16/2024 BULLEY AND ANDREWS CONCRETE RESTORATION LLC 44,262.00 5000682 02/16/2024 CASEY KOELBL 13.96 5000683 02/16/2024 CFA SOFTWARE 1,795.00 5000684 02/16/2024 CONSTRUCTIVE ANALYTICS LLC 3,500.00 5000685 02/16/2024 DIGGERS HOTLINE INC 488.40 5000686 02/16/2024 DOA-DIV OF ENERGY HOUSING & COMM RES 210.60 5000687 02/16/2024 DUNCAN SOLUTIONS LLC 3,507.65 5000688 02/16/2024 EXPERT TOWING & RECOVERY 878.90 5000689 02/16/2024 FEHR GRAHAM AND ASSOCIATES 3,000.00 5000690 02/16/2024 FITNESS EQUIPMENT EMPIRE 2,435.00 5000691 02/16/2024 FOCUS PROPERTIES LLC 11.88 5000692 02/16/2024 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 10.00 5000693 02/16/2024 GALLS LLC 80.69 5000694 02/16/2024 GANNETT WISCONSIN LOCALIQ 1,386.41 5000695 02/16/2024 GARTMAN MECHANICAL SERVICES 4,872.00 5000696 02/16/2024 H & P RENTALS LLC 87.11 5000697 02/16/2024 HENRY SCHEIN INC 161.60 5000698 02/16/2024 HUNTINGTON REAL ESTATE LLC 9.41 5000699 02/16/2024 IAN JACOB SEAHOLM 200.00 5000700 02/16/2024 JASON ELLIS 40.20 5000701 02/16/2024 JOE'S POWER CENTER INC 1,147.34 5000702 02/16/2024 JOSHUA FLEMING 16.08 5000703 02/16/2024 KLINK EQUIPMENT 338.47 5000704 02/16/2024 KSV PROPERTIES LLC 84.59 5000705 02/16/2024 LAKESIDE PLASTICS INC 1,950.00 5000706 02/16/2024 LALONDE CONTRACTORS 697,828.10 5000707 02/16/2024 RELX INC 300.00 5000708 02/16/2024 LORENS AUTO BODY 45.18 5000709 02/16/2024 MARK LYONS 115.91 5000710 02/16/2024 MICHELLE BEHNKE 204.03 5000711 02/16/2024 FOX WOLF WATERSHED ALLIANCE INC 2,500.00 5000712 02/16/2024 NORTHERN TELEPHONE &DATA CORP 195.50 5000713 02/16/2024 OMNI GLASS & PAINT INC 1,300.00 5000714 02/16/2024 OSHKOSH AREA COMMUNITY FOUNDATION 150,000.00 5000715 02/16/2024 OSHKOSH AREA SCHOOL DISTRICT 10,176.86 5000716 02/16/2024 CITY OF OSHKOSH 2,074.50 5000717 02/16/2024 OSHKOSH COMMUNITY YMCA 800.00 5000718 02/16/2024 OSHKOSH HERALD LLC 594.75 5000719 02/16/2024 PERSONNEL EVALUATION INC 25.00 5000720 02/16/2024 POMP'S TIRE SERVICES INC 732.64 5000721 02/16/2024 KEITH OR SHERRY RIEBEN 100.00 5000722 02/16/2024 SCHMITT TITLE LLC 82.02 5000723 02/16/2024 SHARON L TIPTON 50.00 5000724 02/16/2024 STANG SYLVIA 110.52 5000725 02/16/2024 STEWART TITLE COMPANY 193.27 5000726 02/16/2024 THE HIGHLAND GROUP 9,150.00 5000727 02/16/2024 THE HOME DEPOT PRO 633.27 5000728 02/16/2024 THE HOME DEPOT PRO 241.12 5000729 02/16/2024 TOWER ASSOCIATES LLC 25.62 5000730 02/16/2024 TOWN N COUNTRY TITLE LLC 109.65 5000731 02/16/2024 UNITED MAILING SERVICE INC 676.15 5000732 02/16/2024 UNIVERSITY OF WIS - MILWAUKEE 95,571.76 5000733 02/16/2024 UNITED PARCEL SERVICE 186.97 5000734 02/16/2024 VERIZON WIRELESS 21,526.63 5000735 02/16/2024 BROWN COUNTY HISTORICAL SOCIETY 20.00 5000736 02/16/2024 WALLY SCHMID EXCAVATING INC 3,885.00 5000737 02/16/2024 WANTMAN GROUP INC 2,500.00 5000738 02/16/2024 WDATCP 115.00 5000739 02/16/2024 WISCONSIN DEPARTMENT OF JUSTICE 700.00 5000740 02/16/2024 WI DEPT OF TRANSPORTATION 1,113.91 5000741 02/16/2024 WI RURAL WATER ASSOCIATION 110.00 5000742 02/16/2024 WINNEBAGO CO REGISTER OF DEEDS 37.50 5000743 02/16/2024 WOLVERINE FIREWORKS DISPLAY 20,000.00 5000744 02/16/2024 WULF ROBERT K OR LYNN M 69.74 3,535,298.91 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Sarah Phillips, Museum Director D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Museum, Arts, and Culture Board Regular Meeting, 01.10.24 Board Workshop, 01.23.24 A t t a chment sAttachments 01.10.24 MAC Minutes - Regular 01.23.24 MAC Minutes - Workshop Minutes of the January 10, 2024 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 3 Minutes of the January 10, 2024 Board Meeting (Approved at the February 14, 2024 Board Meeting.) The January 2024 meeting of the Oshkosh Public Museum (OPM) Museum Arts and Culture (MAC) Board was held Wednesday, January 10, 2024, in the Galena Room of the Museum. Board Chair Vicky Redlin called the meeting to order at 4:30 p.m. The roll was taken by Administrative Assistant Theresa Books. Present at Roll: Board Members Becky Doe Brown, Becky Matzke, Drew Mueske, Vicky Redlin, Alternates Erron Hundt, Carrie Olson Absent: Board Member /Council Member Joseph Stephenson Also Present: Assistant Director/Chief Curator Anna Cannizzo, Marketing Coordinator Kate Stel, Curator of Education Neal Matherne, and Administrative Assistant Theresa Books recording the Minutes. Director Sarah Phillips was not able to attend. With Board Member Stephenson not at the meeting Chair Redlin appointed Carrie Olson. There were no citizen statements to the Board and none were received. Consent Agenda items included: A. Minutes of December 13, 2023, MAC Board Meeting MOTION: Approve Consent Agenda (Matzke; second Olson) CARRIED: Yes (5) Brown, Matzke, Mueske, Olson, Redlin For the update on the City Strategic Plan Ms. Cannizzo noted that the City engages with staff every two years to keep the Strategic Plan up-to-date and relevant to each department. The Museum is under the Quality-of-Life Services and Assets of this plan. One objective for OPM is to create awareness of and participation with the Museum through brand identity, marketing, and expanded programs. The strategies assigned to accomplish this are: 1. Define and establish the Museum identity from institutional values and needs of the community. 2. Refine marketing through audience evaluation. 3. Develop a portfolio of programs and offerings for audience engagement. This year the Museum refreshed the core purposes adding arts and culture to OPM’s Mission, Vision and Purpose. Ms. Stel then shared the following. The OPM Mission: To preserve and promote history, art, and culture for Oshkosh residents and visitors by stewarding collections, creating educational experiences, and providing access to the unique heritage of the Lake Winnebago Region. Minutes of the January 10, 2024 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 3 The OPM Vision: To create a community of culture within the City of Oshkosh. The OPM Purpose: The OPM enhances civic vitality, community identity, and quality of life by providing opportunities to experience Oshkosh through an ecosystem of history, arts, and culture. Ms. Stel noted that with the mandate from City Strategic planning and the OPM Mission and Purpose refreshed, staff embarked on the process of envisioning a new brand identity. They sought inspiration from the Museum itself, especially the cornerstone of the Museum: The Historic Sawyer Home. She showed a photo taken of a small section of the Tiffany landscape window on the landing of the Grand Staircase. The rich and vibrant jewel tones emerged as representative of this cornerstone of OPM. Like Tiffany intended, the colors and textures of the stained glass evoke the natural environment of Oshkosh. In 2024 the Oshkosh Public Museum celebrates a milestone: 100 Years serving this community by preserving its history, art, and culture. As the community commemorates this milestone, we can also look forward to entering the next chapter of the Museum’s history. As such, staff are thrilled to be launching the OPM’s new brand and visual identity during this centennial year. To reflect the updated and expanded mission statement of the Oshkosh Public Museum, rebranding efforts prioritized a less literal representation. A mission that encompasses the history, art, and culture of our region must not be tied solely to the Museum building or the physical aspect of the region. The M in the logotype is brought to the forefront, embodying the tendency of our moniker “The Museum.” The new brand brings a fresh focus, while remaining firmly grounded through familiar jewel tone hues that draw from the Historic Sawyer Home. Different variations of the logo and logotype will maintain the century-long credit as Oshkosh Public Museum. In the coming months, Graphic Designer Daniel Fiser and Ms. Stel, along with other Museum staff will continue implementing the new brand, It will go public on March 1 with the Spring 2024 issue of The Muse. Throughout 2024 staff will replace all existing collateral, print pieces, signage, etc. Staff are thrilled to be marking this next chapter with a new look for OPM. Centennial year exhibits, events and program schedule was next on the agenda. Edgar Sawyer gave his house to the City “for the good of the public” and after much citizen discussion in 1922 and 1923 it became the Oshkosh Public Museum in 1924. Ms. Cannizzo then reported exhibit plans. The Sawyer Saga trilogy of exhibits will be hosted throughout 2024 in the Parlor. These exhibits will explore the history and legacy of the Sawyer Family. The lower-level photo exhibit will be updated in February; this new exhibit will be 1920s Oshkosh: Colorful Times in Black and White. Minutes of the January 10, 2024 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 3 Ms. Stel then reviewed various educational programs that are planned including continuation of the monthly Family Discovery Days which are the 2nd Saturday of each month. Additionally, an American Girl doll program will be hosted. This year on February 24 the Museum will offer 1920s history with American Girl doll Claudie. Further, the first ever Date Night at the Museum will be held the evening of February 9th. A workshop series called Preserving Memories is planned to begin in April. It will show how to care for your family photos and will be presented by Museum Archivist Amy Fels. In October Registrar Emma Eisner will present a workshop on preserving textiles. A new event, the Historic Osh Hop, a walking/driving tour of historic Oshkosh homes and buildings is set for May 11. The 3rd annual Día de los Muertos event will be held November 2nd and a Toast to a Century the evening of Friday, November 8th. Chair Redlin then requested the Assistant Director’s Report. Assistant Director Anna Cannizzo began with an update of the second-floor transformation. The freight door was delivered today. It will be installed the week of January 15. There will then be a few finishing details so it should be complete in a few weeks. Regarding the Waldwic Gallery, Ms. Cannizzo reported that most of the design work and bid papers are complete. The pre-bid meeting is set for January 22nd at 9:00 a.m. There is hope that the build out of this gallery will not take many months. The Neustadt Tiffany consultant’s visit is set for Saturday, January 27 through Monday, January 29. Lindsy Parrott will meet with Director Phillips, Ms. Cannizzo, Ms. Stel, and Curator Emily Rock on the Saturday. She will present a program to the Wisteria Circle focusing on the national interest in Tiffany’s works and the Historic Sawyer Home. Monday Ms. Parrott will hopefully see the Tiffany window at the Trinity Episcopal Church here in Oshkosh. In closing, Ms. Cannizzo noted that this is an exciting opportunity to raise OPM’s profile among Tiffany enthusiasts nationwide. That concluded the Assistant Director’s Report. With no other agenda items, Chair Redlin asked for a motion to adjourn. MOTION: Adjourn (Brown; second Mueske) CARRIED: Voice Vote The meeting adjourned at 5:30 p.m. Minutes of the January 23, 2024 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 3 Minutes of the January 23, 2024 Board Workshop (Approved at the February 14, 2024 Board Meeting.) The Oshkosh Public Museum (OPM) Museum Arts and Culture (MAC) Board met Tuesday, January 23, 2024, in the Galena Room of the Museum. Board Chair Vicky Redlin called the meeting to order at 4:12 p.m. The roll was taken by Administrative Assistant Theresa Books. Present at Roll: Chair Vicky Redlin, Board Members Becky Doe Brown, Becky Matzke, Drew Mueske, Board Member /Council Member Joseph Stephenson Alternates Erron Hundt, Carrie Olson Also Present: Director Sarah Phillips, Assistant Director/Chief Curator Anna Cannizzo, Marketing Coordinator Kate Stel, Curator of Education Neal Matherne, and Administrative Assistant Theresa Books recording the Minutes. Regarding the property across the street from the Museum, at 1331 High Avenue, Director Phillips reported that the church elders decided to move forward with the sale of the church and property. Last week several staff and Board Members were able to be at the walk-through of the church. At this meeting Director Phillips wanted to discuss what they saw, discuss the potential of the building to fill some space needs for the Museum, and have the Board’s decision of whether or not next steps toward the purchase of the building should be pursued. She provided a list of “Identified Long- Term Needs” for the Museum (see below.) Director Phillips asked Members Mueske and Matzke, who toured the building, to give any comments. Mr. Mueske noted that the building seems in good shape. The church has made many updates through the years. The large parking lot is a plus. One concern is that if used for Collections or exhibitions, loading and unloading could be a problem as there is no loading door or freight elevator. Ms. Cannizzo noted that current conditions for Collections’ storage have no elevator or loading doors, so it would be no worse than current conditions. Ms. Matzke noted that not all the spaces are ready for the needs of the Museum, but there are nice gathering spaces. She noted that the fact that it is right there, across the street from the Museum is a huge positive. Director Phillips then reviewed a few general details and some of the updates that have been done. It was built in the 70s and added onto. It is 14,589 square feet. 2022 new bathrooms, 2021 new roof, 2018 a lift from street level to the 1st floor sanctuary, 2016 the AC was replaced, 2015 lights upgraded, 2012 boilers were replaced. On a negative note, it has no fire suppression. Ms. Brown asked if a next step is to get an inspection and place an offer based on that? She also wondered what the comps were that determined the current asking price. Director Phillips did not know what properties were used as comparables to define the asking price. She noted that a next step would be for her to talk with Community Development Director Kelly Nieforth, because Ms. Nieforth will know how the City determines fair market value when they purchase a building. Minutes of the January 23, 2024 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 3 The Board discussed pros and cons of the building for Museum needs. The sanctuary has seating for 300 people. It would provide a large space to host public programming, including added space for Día de los Muertos, and would be a good space to hold fundraising events. There is great lighting from the windows in the sanctuary. Additionally, there is a lot of clean, dry space where Collections could be stored and rooms locked. There is about 4,000 square feet of rooms on concrete floors, so there would be no load issues in those locations. Museum Archives could be moved over there to provide more space for the materials as well as for researchers to have a place to work. The kitchen is not commercial grade. This was not considered a huge negative. The Museum currently provides foods for events through catering and that works well. Ms. Hundt noted that although the space would not be move-in ready for the Museum’s needs, and some time would be needed to plan how to use the spaces, if the Museum doesn’t get that property, it will continue to have the large list of needs but have no space in which to make plans. All agreed having that much clean, updated space so close to the Museum would be a great asset. Ms. Brown asked if the accreditation process would be affected for good to have this property? Director Phillips said, yes it would; having more space in a near location would be a positive for the accreditation review. When discussion was complete Chair Redlin asked for a motion. MOTION: The Board directs Museum Director Phillips to continue the pursuit of purchasing the church property at 1331 High Avenue; checking with Kelly Nieforth and the City for next steps. (Mueske; second Matzke) CARRIED: Yes (5) Brown, Matzke, Mueske, Redlin, Stephenson With no other agenda items, Chair Redlin asked for a motion to adjourn. MOTION: Adjourn (Stephenson; second Mueske) CARRIED: Voice Vote The meeting adjourned at 5:00 p.m. See Identified Long-Term Needs list on next page. Minutes of the January 23, 2024 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 3 Identified Long-Term Needs: The following have been identified by OPM as long-term needs to best execute the mission of the museum and serve our visitors: These do not include wayfinding/signage (being addressed in the CIP). • Collections Storage o We are currently in the hand of the city and our permanent collection faces ever- mounting problems. ▪ No permanent storage space ▪ Environmentally unstable areas that continue to deteriorate our collections • Mold • Pests • No HVAC ▪ Physically unsecure storage areas, drastically increasing the likelihood of theft, vandalism, and physical damage. ▪ Scattered storage facilities: • Irving Street • Carriage House • Museum • Visitor Services, Programs and Events o Lack of dedicated classroom space o Competing needs for the Galena Room o Dated and unattractive spaces alienate the public and reflects poorly on OPM professionalism o Small size and layout of the lobby of the Museum o Inadequate facilities to meet the needs of our visitors- including ADA, restrooms, and amenities o No event space for fundraisers or rentals to drive revenue • Exhibitions o Extremely limited changing gallery space o Working around the needs of a historic home • Museum Grounds o Reflect poorly on the Museum o Lacks interpretation o Care and maintenance is often the lowest priority for city Maintenance staff who are already stretched thin o Parking lot is aging and doesn’t meet the needs of school buses, creates safety issues, needs more space for event parking TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Becca Andraschko, Deputy Clerk D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company - Strong #1 (alleged deficient inquiry by Police Department into victim complaint) A t t a chment sAttachments Contact Letter Strong #1 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Becca Andraschko, Deputy Clerk D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company - Strong #2 (alleged deficient inquiry by Police Department into victim complaint) A t t a chment sAttachments Contact Letter Strong #2 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-80 Disallowance of Claims by Dennis Strong B A C KGRO UN DBACKGROUND On or around February 8, 2024, Dennis Strong filed a "Notice of Claim" with the City Clerk's office. The form provided limited information regarding the purported claims. However, the attachments to both claims allege that Mr. Strong was the victim of an alleged criminal act and that Mr. Strong believes that the Police Department has not adequately inquired into his complaints. One of the incidents occurred outside the city and was not investigated by the Oshkosh Police Department, since it was not within their jurisdiction. The alleged theft incident did occur within the City and officers investigated, but were not able to identify any individual or locate the property as of the date of this memorandum. A N A L Y SI SANALYSIS The City has tendered the defense of this claim to its insurance provider, Statewide Services Inc. Statewide has retained Attorney Ashley Lehocky to handle the matter. Atty. Lehocky has recommended formal disallowance of the claim at this time. REC O M M E N D A TI ONRECOMMENDATION I recommend disallowance of the claim. A t t a chment sAttachments Res 24-80 02/27/2024 24-80 RESOLUTION PURPOSE: DISALLOWANCE OF CLAIMS BY DENNIS STRONG INITIATED BY : LEGAL DEPARTMENT WHEREAS, two (2) claim forms were received from Dennis Strong on February 8, 2024, which had been referred to the City’s insurance carrier, and WHEREAS, the City’s insurance carrier has recommended that the documents be disallowed in the event they may be construed to provide the City with sufficient notice of one or more legal claims pursuant to Wis. Stat. sec. 893.80. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to disallow the following purported claims filed against the City of Oshkosh: Dennis Strong Dates of Loss 1/1/2023 and 2/1/2024 (Alleged claims concerning the investigation by OPD of victim complaints filed by Mr. Strong) BE IT FURTHER RESOLVED that disallowance of these claims is not intended to waive or estop the City or its insurer from relying upon the limitations, defenses and immunities contained within sec. 893.80 of the Wisconsin Statutes. BE IT FURTHER RESOLVED City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-81 Amend Board and Commission Rules B A C KGRO UN DBACKGROUND The Council has previously adopted standard rules for board and commission meetings, most recently updated in December 2021. In 2023, the Council conducted a comprehensive review of all City boards and commissions and updated City ordinances in relation to that review. The Oshosh Board and Commission General Rules of Order contained an addendum that enumerated the various boards and commissions and provided a summary of their composition and duties. Due to the updates to the ordinances, that addendum requires amendment. A N A L Y SI SANALYSIS Attached to this memorandum is a copy of the proposed revised Oshkosh Board and Commission General Rules of Order. The proposed changes update the reference to the City's website and update the summary information pertaining to existing boards and commissions for the City. No other changes are proposed. FI SC A L I M P A CTFISCAL I M P A C T There is no anticipated fiscal impact associated with the proposed rules changes. REC O M M E N D A TI ONRECOMMENDATION Staff recommends adoption of the updated rules. A t t a chment sAttachments Res 24-81 Board and Commission Rules 2024 02/27/2024 24-81 RESOLUTION PURPOSE: AMEND BOARD AND COMMISSION RULES INITIATED BY : CITY ADMINISTRATION WHEREAS, the Council has previously adopted Council rules for its meetings and standard rules for Board and Commission meetings; and WHEREAS, in 2023 the Council conducted a review of Boards and Commissions and updated City Ordinances in relation to that review; and WHEREAS, it is necessary to update the Board and Commission Rules to reflect the updates made to the City Ordinances. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Oshkosh Board and Commission General Rules of Order are hereby adopted and shall be in full force and effect on and after the passage of this Resolution. Oshkosh Board and Commission General Rules of Order Adopted March 12, 2024 These Rules are established in accordance with and to supplement the Rules contained in Section 2-36 of the City of Oshkosh Municipal Code. Scheduling and Locations of Meetings Wisconsin law requires meetings to be “reasonably accessible to members of the public” and open to the extent “compatible with the conduct of governmental business”. Sections 19.81(2) and (1) Wis. Stats. I. Boards and Commissions shall hold regular meetings at a regular time and place to be fixed by board or commission. Special meetings may be called by the Chairperson. Meetings shall be publicly noticed and shall be open to and accessible by the public in compliance with the requirements of the Wisconsin Statutes. Closed sessions shall be approved by the City Manager and/or City Attorney and specifically noticed in accordance with Wisconsin Statutes. When necessary staffing and technology are available and when practicable in the judgment of the City Manager, public meetings may be made available live or by recording on GOV TV in the City of Oshkosh, live streamed on oshkoshmedia.org, live on WOCT radio station 101.9 fm, live through Roku, Apple TV and Amazon Fire Stick. II. Remote Participation The Council recognizes the value of and remains committed to in person meetings and deliberation of matters whenever practicable. However, the City Council recognizes the benefits of providing alternative means for the attendance and participation by members of its boards and commissions, city staff, and the public at its meetings when necessary due to extraordinary circumstances, when convenient or cost-effective for the City, or as a reasonable accommodation for persons with an ADA disability who are unable to otherwise provide input. Extraordinary circumstances shall mean highly unusual facts or circumstances which prevent in person participation due to emergency declarations or due to the desire for participation by persons including consultants or presenters who are unable because of distance, cost, time or other reason to attend in person and/or when meetings may be better facilitated by all persons participating through Remote Means. Remote participation is intended for the benefit of the City of Oshkosh and not for the benefit of any individual member or other person. Except when specifically authorized by ordinance or other means adopted by the Common Council or when in the determination of the City Manager, it is reasonable and necessary to limit in person participation for the protection of the public, city officials and city employees (for example, under a Declaration of Emergency); board and commission members must be physically present at the location of the board or commission meeting to participate as a member of the board or commission and vote upon any matter. “Remote Means, Remote Participation or Remote Appearance” shall mean participation by a member of a public body, by a member of the public, or other individual in a meeting of that public body, where the person is not physically present at a designated meeting location. Remote Participation includes through video, telephone, computer or other means where persons are permitted to view, listen to and participate in the meeting without having a physical presence at a defined physical meeting location. Remote Meetings of Boards and Commissions (Meetings held entirely remotely or with significant remote participation) Due to logistical limitations in room assignments, technology and staffing, boards and commissions will generally be required to hold all regular and special meetings in person. Remote Participation meetings for regular and special meetings or workshops must be approved by the City Manager and generally all Remote Participation meetings will be required to be held entirely by remote means, meaning that all board and commission members as well as the public will be required to attend by Remote Means (no “hybrid” meetings). If a meeting is conducted solely by Remote Means and there is no physical meeting location or the public is otherwise excluded from being present at a physical meeting location, the public must be afforded an opportunity to live access the meeting and instructions shall be provided how to do so. This may include live broadcast or streaming, video or call-in participation, or other adequate means to provide live access to the public meeting. Where public comment or participation is required by law, adequate means must be provided to accommodate such participation. Appearance by Remote Means as required or permitted by these rules shall be consistent with the following: o Remote participation may be permitted in meeting rooms that have adequate audio, video and other technological facilities to allow for remote participation. o Persons participating by Remote Means should be advised via meeting agendas or other means that participation by remote means may be limited by number of participants and available technology, and may be disrupted by problems such as breakdowns of equipment and fluctuation or interruption of electric power or communications networks. The City of Oshkosh does not guarantee that even if persons have been afforded the opportunity to appear by Remote Means that telephone, computer, wifi or other connections will be sufficient or that the person will be guaranteed the ability to appear by this method. o In order to accommodate participation for the general public by Remote Means, a meeting link will be provided on the meeting agenda. For meetings where the public may participate by Remote Means, general public comment and public comment on all agenda items shall be taken at the beginning of the meeting, except as necessary to conduct Public Hearings or as may be accommodated at the direction of the Board or Commission. Public comment may be closed at the end of any public comment period and persons participating by Remote means shall not interrupt or disrupt the business of the governing body. o Persons wishing to provide public comment through Remote Means must join the meeting at least 15 minutes prior to the start of the meeting to allow staff to test the audio/video set up. Attendees must stay muted when not speaking and are responsible for muting and unmuting themselves in a timely fashion when called upon to speak. o Each member of the public speaking must wait to be called upon by the Presiding Member or their designee and must provide their name and address prior to speaking. o Every person participating by Remote Means must be audible through clear telephone line or computer connections. If a connection is not clear or causes disruption of the meeting, the connection may be terminated at the discretion of the Presiding Member or their designee. If a connection is terminated and this causes the loss of a quorum, the meeting shall be adjourned and rescheduled to another date to permit consideration by a quorum. o If any board or commission members are participating remotely, all votes shall require a roll call vote – no “all in favor” Remote Appearances (Limited Remote Participation by one or a small number of individuals) The City of Oshkosh may in its sole discretion permit individual persons to appear via remote means at scheduled in person meetings as a reasonable accommodation to an individual for persons with an ADA disability who are unable to otherwise provide input; to facilitate presentations, to receive information or reports from consultants or other persons; or for other business purposes. Permission for appearances under this paragraph may be requested by the Board or Commission for a planned future meeting or arranged by the staff member assigned to the board or commission with consultation with IT and Oshkosh Media staff. Persons who are permitted to appear in this manner shall comply with all requirements for Remote Participation listed above. Persons requesting accommodation under this provision must submit such request in advance of the meeting. Requests can best be accommodated if submitted at least 5 business days in advance of the scheduled meeting. Remote attendance shall not be permitted during any quasi-judicial hearing or appeal hearing by persons testifying or by members of a board or commission adjudicating any matter except under extraordinary circumstances such as a Declaration of Emergency or Emergency Order. Rules of Procedure I. Rules Pertaining to Placement of Matters on Agendas The City of Oshkosh has established various boards and commissions to assist the City Council and City Administration in the review of matters, to provide for the review of actions of staff and appeals from ordinance requirements and to meet statutory requirements. The City Council adopts the following rules to serve as a general guide for boards and commissions in relation to bringing items forward for discussion and the flow of items through staff, boards, and commissions; and to the Council. The City of Oshkosh operates under a Council-Manager form of government. The City Council is responsible for establishing policy, passing local ordinances, adopting a budget, adopting a strategic plan and goals, appropriating money, and developing an overall vision for the City. The City Manager, as the Chief Executive, is responsible for implementing policies and managing the daily operations of the City, as well as assisting the Council to define policy and vision and to establish strategies for reaching these goals. Board and Commissions are an important part of the whole of local government. The following pages include charts and narratives for all City of Oshkosh Boards and Commissions, as well as a city organizational chart for reference. There are several different types of boards and commissions. Advisory Boards and Commissions may assist and inform the Council and the City Manager pertaining to matters within the particular Board’s/Commission’s area of expertise and knowledge. The Redevelopment Authority, the Police and Fire Commission, the Library Board, and the Board of Review for real estate tax assessment matters, are examples of independent boards. While Council appoints the members to independent boards, the boards then make final determinations on matters under their jurisdiction. A few Boards and Commissions, while not entirely independent, have specific authority to make binding decisions in certain areas, such as the Board of Appeals for zoning matters. Independent Boards and Boards that exercise some authority independently derive their decision- making authority through specific state statutes or city ordinances granting them that authority. Finally, some boards are mixed in nature, acting independently in some circumstances and advisory in others. Certain boards such as the plan commission deal with legislative matters on which they provide advice and also decide upon quasi- judicial matters which are left to their independent determination. Board and commission actions are generally divided into three (3) categories: Advisory – Legislative, Independent – Legislative, and Hearing and Appeals. These categories either limit the board’s or commission’s authority, or limit Council or staff’s authority on matters before the particular board or commission. See Addendum A to these Rules for a listing of Boards and Commissions for the City of Oshkosh including a summary of their area of jurisdiction and category for actions. Most Boards and Commissions have city staff assigned to provide support to the Board/Commission. The primary functions of city staff assigned to a board or commission are to provide administrative support to the committee to assure that the work of the Board/Commission is completed in a timely and effective manner and to act as a subject matter resource for the board or commission. Staff liaisons are the primary conduit for members of the Board or Commission to communicate with city staff, the City Manager, and the City Council. Staff liaisons perform a variety of roles, including: Serving as the channel of communication between the Board/Commission and other City staff Creating and posting meeting notices, preparing minutes, and creating agendas Scheduling meetings and booking meeting locations Maintaining Board/Commission records Coordinating the collection and distribution of information requested by the Board/Commission Responding to public records requests pertaining to the Board/Commission Offer advice and recommendations in regard to matters coming before the Board/Commission Report the Board/Commission concerns and priorities to the Department Head, City Manager and Council Facilitate interaction between boards and commissions as appropriate While the enthusiasm and desire to move forward quickly regarding matters of interest is understandable, Board and Commission members, like the Common Council who are elected at large in the City of Oshkosh, represent the general and best interests of the City of Oshkosh as a whole. This policy, along with other policies and procedures, is intended to assure that the many issues and concerns within the City are prioritized and addressed in a fair, thoughtful, and efficient manner within the means set forth by the City organization, the City’s Strategic Plan and allocated in the City’s budget. City staff assigned to Boards and Commissions work for and are responsible to the City as a whole and have other job responsibilities in addition to their work for an individual Board/Commission. Staff are answerable to their Department Heads and the City Manager. It is the responsibility of the City Manager to allocate staff’s time and efforts. Just as it is inappropriate for Council to direct work of staff who are under the jurisdiction of the City Manager, it is not appropriate for Boards and Commissions to directly attempt to direct staff work. Boards and Commissions may advise the City Manager and Council on policy priorities, but Boards and Commissions do not determine or assign staff time. Boards and Commissions should consider and set priorities for their agenda items in order that staff may best use the limited time available for Board/Commission business, while still attending to their other job responsibilities. Although there may be disagreement on any issue, communication to the Council, other Boards/Commissions and to the Public should reflect the decision of the Board/Commission as a whole. When a Board or Commission member is speaking on behalf of the board/commission they should only represent the majority position of the respective Board/Commission. If the member is expressing his/her own personal viewpoint on a particular subject, this should be made clear. Correspondingly, once the Council has established its position as the governing body, Board/Commission members should not act contrary to the established policies and programs adopted by the City Council. Because of the wide variety of boards and commissions and the wide variety of items and issues that the City may deal with, this policy cannot cover every item or issue with specificity and should be regarded as guidance only. Exceptions may generally be made with the approval of the Council and/or the City Manager. The City reserves the right to comply strictly with this policy, comply with modifications, or to vary from the exact provisions of this policy when the Council or City Manager find it to be in the public interest to do so. The City of Oshkosh is hopeful that this information will be useful to members of boards and commissions, staff, as well as the public. Advisory Boards and Commissions / Advisory Matters The City of Oshkosh has established various boards and commissions to assist the City Council in the review of matters, to meet statutory requirements, and to provide for the review of actions of staff and appeals from ordinance requirements. While certain matters clearly fall within the jurisdiction of an individual board or commission, other matters may involve review and recommendation or action by more than one board or commission. The City Council adopts the following policy to serve as a general guide for boards and commissions in relation to the agenda process. Procedure for general legislative items/issues Items coming before boards and commissions must be directly related to the purpose or jurisdiction of the board or commission as defined by statute and/or ordinance, or be referred to the board or commission for input from the Council or the City Manager. Items will be prioritized based upon urgency of particular circumstances; time commitment required from staff for research, review or drafting; availability of expertise on the particular subject; or any other relevant factor. Items may be placed on an agenda through application or request from a citizen or petitioner, request from a board or commission member, or be initiated by staff. The staff liaison shall inform his/her Division Manager and/or Department Director who shall make an initial review with regard to jurisdiction and prioritization. If the Division Manager or Department Director determines that the matter may not be suitable for the particular board or commission, may not meet the priorities of the particular board or commission, may require staff time commitment that is unreasonable or unlikely to be available within the contemplated time period, or may require expertise not available on staff or available at a cost not provided for within the budget; the Division Manager or Department Director shall inform the board or commission of the request and determination. The board or commission may by majority vote of its members request the matter to be reviewed by the City Manager. The City Manager may direct the Division Manager or Department Head to proceed with the request and establish a reasonable time for completion, may determine that the decision of the Division Manager or Department Head is correct and that staff time shall not be allotted, or may seek input from Council in relation to the request. The staff liaison to the Board or Commission shall inform the Board of the determination of the City Manager. If the determination of the City Manager is that staff time shall not be allotted, the Board or Commission may by majority vote of all members request that the matter be presented to the Council by the City Manager, the Council member appointed to the particular board or commission, or by the chair of the board or commission at the next regularly scheduled council meeting or as soon thereafter as is reasonably practicable for discussion and direction to the City Manager. The following flowchart outlines the general process for staff, board and commission and council review of items. Independent Boards and Commissions and Matters on which Boards and Commissions may act Independently The City of Oshkosh has established various boards and commissions that act independently in accordance with statutory requirements and for other purposes. The City Council adopts the following policy to serve as a general guide for boards and commissions in relation to matters over which they may have independent jurisdiction under Wisconsin Statutes or by City ordinances in relation to legislative matters. For matters in which the board or commission is acting upon an appeal or application, please see the following section covering those matters. Procedure for general legislative items/issues Items coming before boards and commissions must be directly related to the purpose or jurisdiction of the board or commission as defined by statute and/or ordinance or be referred to the board or commission for input from the Council or the City Manager. Items will be prioritized based upon urgency of particular circumstances; time commitment required from staff for research, review or drafting; availability of expertise on the particular subject; or any other relevant factor. Items may be placed on an agenda through application or request from a citizen or petitioner, request from a board or commission member or be initiated by staff. The staff liaison shall inform his/her Division Manager and/or Department Director who shall make an initial review with regard to jurisdiction and prioritization. If the Division Manager or Department Director determines that the matter may not be suitable for the particular board or commission, may not meet the priorities of the particular board or commission, may require staff time commitment that is unreasonable or unlikely to be available within the contemplated time period, or may require expertise not available on staff or available at a cost not provided for within the budget; the Division Manager or Department Director shall inform the board or commission of the request and determination. The board or commission may by majority vote of its members request the matter to be reviewed by the City Manager. The City Manager may direct the Division Manager or Department Head to proceed with the request and establish a reasonable time for completion, may determine that the decision of the Division Manager or Department Head is correct and that staff time shall not be allotted, or may seek input from Council in relation to the request. The staff liaison to the Board or Commission shall inform the Board of the determination of the City Manager. If the determination of the City Manager is that staff time shall not be allotted, the Board or Commission may by majority vote of all members request that the matter be presented to the Council by the City Manager, the Council member appointed to the particular board or commission, or by the chair of the board or commission at the next regularly scheduled council meeting or as soon thereafter as is reasonably practicable for discussion and direction to the City Manager. The following flowchart outlines the general process for staff, board and commission and council review of items. Quasi –Judicial Boards and Commissions / Hearings and Appeals The City of Oshkosh has established various boards and commissions to hold hearings on matters required by statute or ordinance and to provide for the review of actions of staff and appeals from ordinance requirements. The City Council adopts the following policy to serve as a general guide for boards and commissions in relation to the agenda process. Procedure for Hearings and Appeals Items coming before boards and commissions for a hearing or appeal must be within the jurisdiction of the board or commission as defined by statute and/or ordinance. Items will be placed on an agenda through application or request from a petitioner. The following flowchart outlines the general process for staff, board and commission and council review of items determined by hearing or appeal. II. Quorum / Voting Requirements A majority of the membership shall constitute a quorum. A lesser number may adjourn. A majority of those present and voting shall be necessary to adopt any motion. Members voting present or abstaining shall not be counted for purposes of determining a quorum or majority voting upon any item. (See section 2-36(J) of the City’s Municipal Code). III. Attendance/Excusal from Meetings Except in the case of emergency, to be considered an excused absence from a meeting a members of boards or commissions must give notice to the staff person assigned to the board or commission at least 24 hours prior to the meeting’s start time. Prior notice allows for notification to alternate members or for cancellation and rescheduling of meetings in those cases where a quorum of members may not be present. IV. Rules pertaining to Conduct of the Meetings/Motions The following chart is adopted to govern the most common motions and actions to be taken at board and commission meetings. The Council has chosen not to be strictly governed by Robert’s Rules of Order, but where the actions listed below or other provisions of these Rules do not govern a particular issue, the most recent version of Roberts Rules of Order may be used for guidance. Control of the Agenda Action Second Required Debatable Amendable Vote Required2 Withdraw from Agenda1 Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Order, Change the Agenda Order Yes No No 2/3 Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Required Debatable Amendable Vote Required2 Original Motions (items of business) Yes Yes Yes Majority Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, with consent of the Second) Consent by Second No No None Layover (Table) until a time certain Yes No No Majority Take an item off the Table Yes No No 2/3 Limiting/ Extending or Ending Debate Action Second Required Debatable Amendable Vote Required2 Call for the Question (Close Debate) – no objection raised No No No None Call for the Question (Close Debate) – objection raised No No No 2/3 Limit or Extend Debate Yes No Yes 2/3 1 Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting has convened only the Board or Commission may withdraw items from the agenda. 2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Changing Previous Actions Action Second Required Debatable Amendable Vote Required2 Amend Previously Adopted Motion Yes Yes Yes Majority with Notice; 2/3 without prior Notice Reconsider (member of the prevailing side may request the body to reconsider its previous action -- must be made during the same meeting or the next succeeding regular meeting) Yes Yes No Majority Rescind (repeal/reverse a prior action) Yes Yes Yes Majority with Notice; 2/3 without prior Notice Questions / Concerns and Other Issues Outside Substance of Debate Action Second Required Debatable Amendable Vote Required2 Point of Order (if rules are not being observed) No No No Chair Rules Parliamentary Inquiry (help with parliamentary procedure, how to do something) No No No Chair provides assistance Point of Information (to ask a question) No No No Chair obtains answer Question of Privilege (some person or thing is interfering with the deliberative process, ie. too noisy, too hot or cold, belligerent person or member) No No No Chair directs corrective action Appeal Chair’s Decision Yes Yes No Majority 2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Ending a Meeting Action Second Required Debatable Amendable Vote Required2 Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not end meeting) Yes No Yes Majority Selection of Officers or Temporary Chair, if required Action Second Required Debatable Amendable Vote Required2 Nominations (call 3 times) No No No None Close Nominations (by Declaration of Chair or by Motion) Yes (if by motion) No Yes 2/3 Election of Nominees No Yes No Majority Reopen Nominations Yes No Yes Majority Temporary Selection of Chair in absence or disability of Chair and Vice may be done by selection of the Chair and Consent of Board 2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Motions. No motion requiring a second shall be discussed or acted upon unless and until it has received a second. Motions may be withdrawn by the person making the same, if the motion has received a second, then the person seconding the motion must also consent to the withdrawal of the motion. Motions may only be amended by another motion and second (There shall be no “friendly amendments” to motions) or by withdrawal of the motion and a new motion made. Actions/Motions in Order during Debate. When a question is under debate, no other action or motion shall be in order, except: 1) Questions/Concerns and Other Issues Outside the Substance of Debate as identified within the table above; 2) To recess; 3) To adjourn; 4) To lay the matter over to a specific date or to be returned to the Committee upon the occurrence of a specific event; 5) To Call the Question; 6) To Divide the Issue; 7) To Amend; or 8) To withdraw the motion The items listed above shall have precedence in the order in which they are listed. Vote Change. A member shall only be permitted to change his/her vote upon a matter at the time their name is called by the secretary and no member shall be permitted to change his/her vote on a matter once a succeeding member has cast his/her vote. Abstentions / Voting Present. In the event that a board or commission member declines to vote, that member shall not be counted toward the number present and shall not have their vote counted as either “aye” or “no” in relation to the matter. If a member’s declining to vote causes the board or commission to fall below a quorum voting on the matter, the board or staff may ask the applicant if they wish to have the matter scheduled for consideration at the next meeting of the board or commission when a quorum may be present or if the applicant wishes to have the matter forwarded to council without recommendation. Staff shall consider the wishes of the applicant, any statutory or ordinance time limits and any other considerations or limitations with respect to the particular matter in determining whether to reschedule the matter before the board or commission for further consideration, forward the matter to Council or take other action as may be appropriate with regard to the matter. Motions to Lay Over shall include Date or Time Frame for Action. Motions to lay over shall include a specific date to be returned to the body or shall require return upon a specific occurrence within a specified time frame. If the occurrence shall not happen within the specified time frame, the staff person assigned to the board or commission shall notify the board or commission at the end of the time frame that the matter shall not be brought forward and make appropriate notation to the minutes of the meeting during which the matter was laid over. When considering motions to lay over, the board or commission shall consider the wishes of the applicant, any statutory or ordinance time limits and any other considerations or limitations with respect to the particular matter as may be appropriate. Reconsideration. Except as action may have already been taken in reliance upon the prior approval/disapproval of an item, any member who voted with the prevailing side on any question may move for reconsideration of a vote at the same meeting or at the next succeeding regular meeting of the board or commission by notifying the staff person assigned to the board or commission of the member’s request to have the reconsideration included on the Agenda for the next succeeding regular meeting. A motion to reconsider having been put and lost shall not be renewed by the same or any other member. Termination of Debate / Calling the Question. Any member wishing to terminate debate may move the previous question (call the question). The presiding officer shall ask whether there is any objection to calling the question. If no objection is voiced, then the secretary shall record unanimous consent to terminate the debate. If an objection is voiced, a roll call vote shall be taken and 2/3 of members present shall be required to terminate the debate. If debate is terminated, the question, including any pending amendments, shall be taken without further debate. Use of Unanimous Consent. Unanimous Consent shall only be used for termination of debate, motions to adjourn, motions to recess and for elections for Chair or Temporary Chair when there shall be only one member put forward for election. Suspension of the Rules. Boards and commissions shall not be permitted to suspend any rule adopted by the Council and applicable to the board or commission. A vote of two-thirds of the members present may suspend the order of business or any rule adopted by the board or commission. V. Rules pertaining to Individuals addressing Boards and Commissions Boards and Commissions may make such rules pertaining to individuals addressing matters coming before the board or commission or to individuals making general statements to the board or commission as the members thereof may determine. The public may, as an alternative to appearance in person, submit written comments. Written comments for Board and Commission meetings may be sent via mail addressed to the appropriate Board or Commission, placed in the City Hall dropbox, or sent by email prior to the scheduled meeting to the Board or Commission. Contact information for Boards and Commissions is available on the City website: www.oshkoshwi.gov Written comments will be distributed to the Board/Commission and made part of the public record of the meeting. Persons requiring reasonable accommodations to any of these rules may contact the staff liaison for the Board or Commission who shall work with the individual to provide appropriate accommodation as necessary. Persons requesting accommodation under this paragraph must submit such request in advance of the meeting. Requests can best be accommodated if submitted at least 5 business days in advance of the scheduled meeting. VI. Rules of Decorum A. Adoption of Civility Pledge. All participants in city meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270. Pay Attention - Be Aware of Others & Sensitive to the Immediate Context of Actions Listen Closely - Understand Other Points of View Be Inclusive - Welcome All; Don't Exclude Anyone Don't Gossip - Remind Others of the Importance of this Practice Show Respect - Honor Others (Especially in Disagreement) Be Agreeable - Find Opportunities to Agree Apologize Sincerely - Repair Damaged Relationships Give Constructive Comments, Suggestions & Feedback - No Personal Attacks (Focus on Issues) Accept Responsibility - Don't Shift Blame; Share Disagreements Publicly B. General Rule of Decorum. No person shall personally attack a council member, board or commission member, city official, city employee or any other person. For purposes of this section personal attacks shall include comments directed at a particular person or persons which pertain to any matter that is unrelated to the performance of official duties or the conduct of city business, are threatening, slanderous, defamatory or obscene or are of such a nature that the comments disrupt the meeting or cause a disturbance. No person shall make irrelevant, unduly repetitious, offensive, threatening, slanderous, defamatory, or obscene remarks or act in such a manner as to disrupt or disturb the orderly conduct of any meeting, including handclapping, stomping of feet, whistling, shouting or other demonstrations. Any person violating this provision shall be called to order by the Presiding Officer. If the conduct continues, the Presiding Officer may order the person removed and the Board or Commission may make a fact finding whether such behavior was outside the scope and content of the rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. Addendum A COUNCIL, STAFF, BOARDS AND COMMISSIONS City Council: The City Council is the Legislative body for the City. The Council makes policy for the City of Oshkosh through the adoption of resolutions and ordinances within the authority granted to municipalities through the Wisconsin Legislature and Home Rule provisions of the Wisconsin State Constitution. The Council sets overall policy for the City of Oshkosh including through the adoption of various plans, such as the City’s strategic plan and comprehensive zoning plan. The Council also adopts the City’s operational and capital improvements budgets and adopts city regulations for enforcement by ordinance and the City Municipal Code. The City Council also issues certain licenses and permits and conducts quasi-judicial hearings in relation to license or permit issuance, renewals and revocations as necessary. City Manager: The City Manager is the chief executive for the City of Oshkosh and is responsible for the day to day operation of the city and direction to departments and city staff. City Staff: perform the daily operations of the City under the direction of the City Manager. Staff provide the Common Council and other boards and commissions with interpretations, recommendations, and professional advice regarding the advisability of proposals brought before the City decision makers and carry out enforcement of various codes and provisions. City of Oshkosh Boards and Commissions Name Statute Ref. Ord. Ref. Liaison Frequency of Meeting Advisory Park Board None 2-51 Parks Director Monthly BID Board 66.1109 2-38 Director of Comm. Development Monthly Board of Appeals 62.23(7)(e) 2-59 Director of Comm. Development Monthly Board of Public Works 62.14 2-55 City Manager Board of Review 70.46 2-56 City Clerk/City Attorney Yearly; varies based on objections Diversity, Equity and Inclusion Committee None 2-41 Director of Administrative Services Monthly Fair Housing Commission 106.50 2-43 Director of Comm. Development As needed Landmarks Commission 62.27(7) (em) 2-48 Museum Director Monthly Library Board Chapter 43 2-49 Library Director Monthly Long Range Finance Committee None 2-44 Director of Finance Monthly Housing Authority Board 66.1201- 66.1211 None Executive Director of the Oshkosh /Winnebago County Housing Authority Monthly Plan Commission 62.23 2-52 Director of Comm. Development Twice Monthly Extraterritorial Zoning Committee 62.23(7a)(c) 2-52.1 Director of Comm. Development As needed Name Statute Ref. Ord or Ref Liaison Frequency of Meeting Board of Police & Fire Commissioners 62.13 2-53 Director of Administrative Services Monthly Public Museum, Arts and Culture Board None 2-54 Museum Director Monthly Redevelopment Authority 66.1333 Res 03-65 Director of Comm. Development Every other Month Sustainability Advisory Board None 2-42 Director of Comm. Development Monthly Transportation Committee 2-57 Director of Transportation Monthly BID BOARD Ordinance Reference: 2-38 Statutory Reference: 66.1109 Wis. Stats. (Mandatory if a BID District is created) Membership: 13 members By Statute – membership must be at least 5 members and a majority of the membership must own or occupy real property in the BID district By Ordinance -- Membership shall be of the category necessary to ensure Board representation stipulated by the annual operating plan Terms: 3 year terms Staff Liaison: Director of Community Development Meets: Monthly Purpose and Duties: Duties and Responsibilities The Board shall develop and implement an annual operating plan for the BID. DIVERSITY, EQUITY AND INCLUSION COMMITTEE Ordinance Reference: 2-41 Statutory Reference: None Membership: 5 members - one of whom is a City Council member (up to 2 members may be non-residents) Due consideration shall be given to ensuring membership reflects the gender, racial, LGBTQ, and ethnic characteristics of the Oshkosh community. Terms: 3 year terms for citizen members, 1 year term for Council member Staff Liaison: Director of Administrative Services Meets: Monthly Purpose and Duties: Responsibility The Diversity, Equity, and Inclusion Committee shall act as an advisory body to the City Manager and Common Council in providing comment and support regarding appropriate strategies to develop activities, resources, and services that promote a positive community environment of equity and inclusion, and celebrate the diverse identities of the City of Oshkosh. Support The City of Oshkosh shall provide annual membership in and resources from the Government Alliance on Race and Equity and/or other comparable organizations. Duties (1) Serve as a resource, recommend goals, and advise the City Manager and Common Council on existing and / or proposed city ordinances, program development and actions, as well as best practices for health, housing and economic mobility, to promote community equity and inclusion for all who live, work, and learn in a diverse Oshkosh. (2) Facilitate input from all geographic areas of Oshkosh, a broad spectrum of residents, business leaders, students, and employees from diverse circumstances, to advance the benefits of community diversity, equity, and inclusion. (3) To educate the public about diversity, equity, and inclusion. The committee will implement a public education plan, and actively plan, sponsor, and participate in events that promote and celebrate diversity. (4) Within one (1) year of creation, report to the City Manager and Common Council on goals of the committee and identify (a) 5 – 7 equity performance measures for each city department developed by each department, and approved by the Committee (b) additional resources necessary to achieve said goals, (c) information relative to community diversity, equity and inclusion to share with the general public and underserved populations, and (d) best practices of community diversity, equity and inclusion for health, housing and economic mobility that the city may consider adopting. Thereafter, the Committee shall annually report to the City Manager and Common Council on specific progress on, and future goals tied to, department-level equity performance metrics. Progress on all performance metrics shall be reported in the annual city budget as part of the regular budget process, and be maintained on a dedicated city website. SUSTAINABILITY ADVISORY BOARD Ordinance Reference: 2-42 Statutory Reference: None Membership: 7 members – one of whom shall be a Council member Terms: 3 year terms; 1 year term for Council member Staff Liaison: Director of Community Development Meets: Monthly Purpose and Duties: Responsibility The Sustainability Advisory Board is charged with the responsibility of advising the City Manager and Common Council on sustainability issues affecting municipal operations and the community at large. Duties (1) Promote sustainability in the community. (2) Advise the City Manager and Common Council on existing and proposed City Ordinances and actions and State and Federal regulations pertaining to sustainability. (3) Facilitate citizen and agency input pertaining to sustainability. (4) Collaborate in the development and monitor implementation of a Community Sustainability Plan. FAIR HOUSING COMMISSION Ordinance Reference: 2-43, 16-7 Statutory Reference: 106.50 Wis. Stats. Membership: 5 members Terms: 3 year terms Staff Liaison: Director of Community Development Meets: As needed Purpose and Duties: The Fair Housing Commission shall have the following powers and duties: (A) Adopt Rules To adopt, amend, publish and rescind rules for governing its meetings and hearings; (B) Receive and Investigate Complaints To receive complaints and review staff investigation of all complaints alleging any discriminatory practice prohibited by this Division. (C) Hearings To hold hearings, if necessary, after efforts at settlement based on complaints made against any person, to administer oaths and take testimony, to compel the production of books, papers and other documents relating to any matter involved in the complaint, and to subpoena witnesses and compel their attendance. (D) Refer Disputes to Appropriate Entity for Resolution Refer complaints to the City Attorney or to other appropriate entities to the purpose of reaching a resolution of the issues raised in the complaint. LONG RANGE FINANCE COMMITTEE Ordinance Reference: 2-44 Statutory Reference: None Membership: 5 members, 1 of whom shall be a Council member Terms: 3 year terms for citizen members, 1 year term for Council member Staff Liaison: Director of Finance Meets: Monthly Purpose and Duties: Purpose, Duties and Functions The Long Range Finance Committee shall have the responsibility to advise the Common Council on policy issues related to the City’s finances including areas such as policy development, communications, and the impact of state legislation. LANDMARKS COMMISSION Ordinance Reference: 2-48 Statutory Reference: §62.23(7)(em) Wis. Stats. (An ordinance is mandatory if a City has landmarked property, the City may create a Commission to administer ordinance) Membership: 7 members, 1 of whom shall be a Council member Non-voting Ex officio member – Paine Art Center Director or designee Terms: 3 year terms for citizen members, 1 year term for Council member Staff Liaison: Director of Public Museum Meets: Monthly Purpose and Duties: (1) Shall recommend to the City Council those historic sites, structures, and districts which are of sufficient significance to be classified as landmarks and the criteria under which these were developed. (2) May receive and expend funds for the benefit of protecting, supporting or promoting the City's historic, architectural and cultural heritage. (3) Shall report to the Oshkosh City Council as requested to review its work program and expenditures. (4) Shall foster the protection, enhancement, and perpetuation of historic improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history. (5) Shall safeguard and foster civic pride in the City's historic and cultural heritage as embodied and reflected in landmarks and historic districts. (6) Shall cooperate with the City administration to provide information on historic resources to be used to comply with relevant State laws. (7) Shall implement and regulate the provisions of Article XIV, of Chapter 30 of this Code, Historic Preservation. [Statutory Reference §62.23(7) (me) Wis. Stats.] (8) Advise and assist the City Administration and Common Council concerning capital improvements proposed for the Grand Opera House that may impact the historical significance of the facility. (9) Provide recommendations to the Common Council on the use of proceeds from donations made to the City and deposited with the City Treasurer into a special fund for purposes of supporting, adding to, or improving the Grand Opera House. All expenditures from said fund shall be solely for the purpose of adding to or improving the Grand Opera House, and shall be spent solely with the approval of the Oshkosh City Council. LIBRARY BOARD Ordinance Reference: 2-49 Statutory Reference: Chapter 43, Wisconsin Statutes (Mandatory if a City has a Municipal Library) Membership: 9 members + Superintendent of Schools + up to 5 additional members appointed by the County; not more than 2 members may be town residents Terms: 3 year terms for citizen members Staff Liaison: Library Director Meets: Monthly Purpose and Duties: (A) Duties and Powers The Library Board supervises the administration of the Library. The Library Board establishes all policies governing the management and operation of the Library and the Board has the power to contract for the extension of Library Services. [Wisconsin Statutes Section 43.52 and 43.58] (B) Employees The Library Board shall appoint a librarian, who shall appoint such other assistants and employees as the Library Board deems necessary, and who prescribes their duties and compensation. [Wisconsin Statutes Section 43.58] (C) Budget The Library Board shall have exclusive control of the expenditure of all moneys collected, donated, or appropriated for the Library Fund, and of the purchase of a site and the erection of Library Buildings whenever authorized. The Library Board also shall have exclusive charge, control and custody of all lands, buildings, money or other property devised, bequeathed, given or granted to, or otherwise acquired or leased by, the municipality for library purposes. [Statutory Reference Chapter 43, Wis. Stats.] ADVISORY PARK BOARD Ordinance Reference: 2-51 Statutory Reference: None Membership: 5 members, 1 of whom shall be a Council member Terms: 3 year terms for citizen members, 1 year term for Council member Staff Liaison: Parks Director Meets: Monthly Purpose and Duties: Functions The Advisory Park Board is empowered and directed to: (1) Advise and assist the City Parks Director, City Administration, Common Council, and Planning Commission in planning and developing the Oshkosh Park System to include parks, open spaces, forestry, municipal cemeteries, waterways, and other related areas. (2) Participate in the development of the Parks Capital Improvement Program and annually recommend priorities. Coordination of the Advisory Park Board with other Governmental Units Prior to acting on the Park Capital Improvements Budget or any Park Acquisition or sale the Common Council and Planning Commission shall obtain an advisory review from the Park Board. PLAN COMMISSION Ordinance Reference: 2-52 Statutory Reference: §62.23 Wis. Stats (Sections of the statutes contain mandatory duties therefore as a practical matter a mandatory commission) Membership: 9 members, 1 member shall be a Council member Citizen members shall be persons of recognized experience and qualifications. Terms: 3 year terms for citizen members, 1 year term for Council member Staff Liaison: Director of Community Development Meets: Twice Monthly Purpose and Duties: Functions and Duties The functions and duties of the Commission shall be as prescribed in Chapter 30 of the Municipal Code and in Section 62.23 of the Wisconsin Statutes. EXTRATERRITORIAL ZONING COMMITTEE Ordinance Reference: 2-52.1 Statutory Reference: §62.23(7a)(c) Wis. Stats (If a City exercises extraterritorial zoning then you must have an extraterritorial zoning committee) Membership: 3 citizen members of plan commission + 2 alternate citizen members Terms: coextensive with plan commission membership Staff Liaison: Director of Community Development Meets: As needed Purpose and Duties: The functions and duties of the Extraterritorial Zoning Committee shall be as prescribed in Chapter 30 of this Code and in Section 62.23(7a) of the Wisconsin Statutes as it relates to the Town of Algoma. [Statutory Reference §62.23(7a)(c) Wis. Stats.] BOARD OF POLICE AND FIRE COMMISSIONERS Ordinance Reference: 2-53 Statutory Reference: §62.13 Wis. Stats (Mandatory) Membership: 5 members Terms: 5 year terms Staff Liaison: Director of Administrative Services Meets: Monthly Purpose and Duties: The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes, particularly section 62.13 thereof. OSHKOSH MUSEUM, ARTS AND CULTURE BOARD Ordinance Reference: 2-54 Statutory Reference: None Membership: 5 members – one of whom shall be a Council member Terms: 3 year terms for citizen members; 1-year term for Council member Staff Liaison: Museum Director Meets: Monthly Purpose and Duties: (B) Duties and Responsibilities Pertaining to the Oshkosh Public Museum (1) General Powers The Board shall have power to manage, control, and operate the Museum through the establishment of strategic and other plans and the setting of policies related to the care, maintenance and acquisition/disposal of the Museum and Museum property including appurtenances, fixtures, furniture and items within exhibits or collections, where such policies are not inconsistent with the ordinances and policies of the City of Oshkosh. (2) Acquisition, Disposition, Care and Management of Property The Board shall have power to accept all gifts, donations, bequests, grants, and devises of or to direct the purchase of property, both real and personal with funds budgeted for such purposes or with donated funds, for the enrichment and improvement of the Museum collections and properties, provided, however, that, before accepting grants, devises, or gifts of or otherwise acquiring real estate, such acquisition of real estate must be approved by the Common Council. All books, specimens and other personal property within the museum collections shall be under the care, management and control of the Board who may provide for the disposition of such property in accordance with policies which the Board may adopt. (3) Employees The Board shall recommend a Director to be appointed by the City Manager to be the chief executive officer exercising all executive and administrative authority for the Oshkosh Public Museum. Other employees may be employed as deemed necessary for the proper operation, management, and functioning of the Museum as authorized within the City’s organizational chart and current city budget. The compensation for the Director and all employees shall be included in the budget submitted to the City Manager and presented to the Common Council for approval. (4) Approval of Annual Budget / Appropriated Funding The Board shall annually review the budget for the Museum to be submitted to the City Manager for review and submittal to the Common Council for approval. Funds appropriated to the Museum by the Common Council shall be used for the purposes appropriated and shall not be used for any purpose other than for the operation, care and maintenance of the Museum. (5) Other Revenue The Board shall have the power to derive additional revenues in proper legal ways which the members shall from time to time agree upon, to be expended at the direction of the Museum Board for Museum purposes. (6) Trust Funds, Monetary Gifts and Contributions The City Treasurer shall set up accounts on the books as appropriate, for the purpose of supporting the Oshkosh Public Museum. All gifts or contributions, or the proceeds therefrom in the form of money shall be deposited by the Museum Board with the City Treasurer and shall be credited to such funds. The Board shall have control over the expenditure of all money devised, bequeathed, given or granted to, or otherwise acquired by the Museum and/or the City for Museum purposes. All expenditures from said funds shall be made in accordance with the intent of the donors and in accordance with the provisions of any trust document or other instrument of gift and made solely for the purpose of adding to or improving the various collections and exhibits or for the care, maintenance or improvement of the Museum or Museum property. All disbursements from such funds, unless otherwise provided by the donor, shall be made solely at the discretion of the Museum Board without further approval required. Bonds or securities devised, bequeathed, given or granted to the Museum shall be invested in accordance with municipal statutes governing the investment of public funds or may be converted to cash as deemed appropriate by the Director of Finance. The Museum Board shall have management and control over investments but such trusts or similar funds established for the benefit of the Museum shall be invested in accordance with the laws, rules and policies governing the investment of public funds. (7) Expenditures Expenditures shall be made consistent with the approved budget and with City ordinances and City and Museum policies. Capital Expenditures shall require Council approval. (8) Code of Ethics The relations between the Museum and the public, between museums, between the Director and the Museum Board, between the Director and other museum employees, between other museum employees and the Director, and between museum employees shall be governed in all respects where possible and practicable by the Code of Ethics of the American Alliance of Museums, and it shall be the further duty of the Museum Board to enforce said code whenever need for such enforcement is called to its attention. (C) Duties Pertaining to Public Art and Art in Public Places (1) Terms Defined a) Public Art. The term “Public Art” or “Art in Public Place” means any Work of Art acquired by the City and displayed on city-owned property in an area open or viewable by the public, on the exterior of city-owned facility, or on non-City property open to or viewable by the public if the artwork is installed or financed, in whole or in part, with City funds or grants procured by the City, or if the artwork is owned by, donated to, or on loan to the City. b) Work of Art. The term “Work of Art” means any application of skill and taste to the production of tangible objects according to aesthetic principles, including but not limited to paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, tapestries, photographs, drawings and ceramics, but excluding purely structural or supportive elements, advertising, or those required by applicable law, code, rule or regulation. (2) Purpose, Duties, and Functions. The Museum, Arts and Culture Board shall have the responsibility to: a) Promote Public Art in the community. b) Advise the City Manager, Common Council and appropriate boards and commissions on matters pertaining to Public Art and art in public places and the planning and development of policies and projects for Public Art. c) Advise the Common Council on Gifts or donations of Public Art pursuant to the City of Oshkosh Gifts and Donations Policy. d) Receive and expend funds for the benefit of protecting, supporting or promoting Public Art (D) The provisions of this section are not intended to supersede collections governed by policies of the Oshkosh Public Museum or Oshkosh Public Library. BOARD OF PUBLIC WORKS Ordinance Reference: 2-55 Statutory Reference: §62.14, 64.10(2) Wis. Stats. (Mandatory) Membership: 1 member – City Manager Terms: Staff Liaison: Meets: As needed Purpose and Duties: The duties of the Board of Public Works as set forth in the Wisconsin Statutes, particularly Section 62.14 thereof, shall be exercised by the City Manager. BOARD OF REVIEW Ordinance Reference: 2-56 Statutory Reference: §70.46 Wis. Stats (Mandatory) Membership: 5 members Terms: 5 year terms Staff Liaison: City Clerk / City Attorney Meets: Organization meeting in May, as needed for hearings thereafter until hearings are concluded Purpose and Duties: Functions and Duties The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes, particularly Section 70.45 and Section 70.47 thereof. Notwithstanding section 2-36(I), each member of the Board of Review shall receive compensation in the amount to be established from time to time by resolution of the Common Council for attendance at training sessions; attendance for hearings and other matters when the Board of Review is in session, including breaks as may be provided; and for time spent in review of a transcript, recording and/or summary of evidence as provided in section 70.47(9) of the Wisconsin Statutes, as may be required for a determination by a quorum of the Board. TRANSPORTATION COMMITTEE Ordinance Reference: 2-57 Statutory Reference: None Membership: 5 members, 1 of whom shall be a Council member Terms: 3 year terms for citizen members, 1 year term for Council member Staff Liaison: Director of Transportation Meets: Monthly Purpose and Duties: (A) Functions and Duties (1) Traffic. The Committee shall study and recommend to the Common Council on all matters involving vehicular traffic, intersectional traffic flow, speed limits, pedestrian right of ways, crosswalks, bus stops, school zones, and bicycle lanes. (2) Parking in General. (a) Advise City staff and the Common Council with respect to the goals and objectives of public parking in the City, as it pertains to the parking areas under its jurisdiction. (b) Advise the Common Council on all matters involving the operations of parking areas under its jurisdiction, including establishment of parking rates, time limits, availability of and requirements for leased and permit parking. (c) Recommend to the Common Council all matters involving the City’s inventory of parking infrastructure, including, acquisition and disposition of land, proposed property improvements, and investments in revenue collection technology. (d) Review requests to restrict access to parking areas under its jurisdiction, and provide recommendations to the Common Council as to whether such reservations are consistent with the goals and objectives of public parking in the City. (3) On Street Parking. The Committee shall study and recommend to the Common Council on all matters involving on–street parking. (4) Municipal Parking Lots. The Committee shall study and recommend to the Common Council on all matters involving off-street parking in the following municipal parking lots: (a) 300 West Lot, at the southeast corner of the intersection of Algoma Boulevard and Brown Street and the area on High Avenue bordering the Grand Opera House to the west (b) Convention Center North Lot, at the northeast corner of the intersection of Ceape Avenue and State Street (c) Grand Lot, between High Avenue and Pearl Avenue, and west of Market Street (d) 400 East Lot, at the southwest corner of Jefferson Street and Merritt Avenue (e) 200 East Lot, at the northwest corner of the intersection of Otter Avenue and State Street (f) Otter Lot, on the south side of Otter Avenue between State Street and Court Street (g) Convention Center East Lot, on the south side of Ceape Avenue, bordering the Oshkosh Convention Center on the east (h) State Lot, on the east side of State Street between Waugoo Avenue and Washington Avenue (i) 300 East Lot, at the southwest corner of the intersection of State Street and Washington Avenue (j) 400 West Lot, on the east side of Division Street between Church Avenue and Algoma Boulevard (k) 500 West Street Lot, at the northeast corner of Church Avenue and Division Street (l) 8th North Lot, on the north side of 8th Avenue, east of Oregon Street (m) 9th South Lot, behind the west side of Oregon Street between 9th Avenue and 10th Avenue (n) 10th South Lot, on the south side of 10th Avenue, east of Oregon Street (5) Private Parking Lots under Municipal Agreements. The Committee shall study and recommend to the Common Council on all matters involving off-street parking in the following private parking lots, according to filed agreements with the respective property owners: (a) City Center Lot, at the southwest corner of Market Street and Pearl Avenue (b) 200 West Lot, at the northwest corner of Main Street and Pearl Avenue (c) Rec Gym Lot, on the west side of Division Street between Church Avenue and Algoma Boulevard. (6) Parking Lots not included in Committee’s Authority. The Committee shall not have jurisdiction over off-street parking areas wholly included in the boundaries of a municipal park. The Committee shall also not have jurisdiction over the Leach Lot (adjacent to the Leach Amphitheater, south of Ceape Avenue and east of Court Street). The Committee shall not have jurisdiction over parking lots on municipal property designated to exclusively serve City facilities, including but not limited to City Hall, the Safety Building and Library. (7) The Committee shall guide and assist in the implementation of improved transit service to the City of Oshkosh. The Committee will monitor the level of transit service provided to ensure an efficient and effective operation. (8) The Committee will make recommendations on major route, service and/or fare changes. (9) Bicycle and Pedestrian Matters The Committee shall: (a) advise the Common Council with respect to recommendations on bicycle/pedestrian matters. (b) assist with developing, implementing, and updating the City’s Bicycle and Pedestrian Circulation Plan. (c) coordinate education, encouragement, and outreach activities across City departments, other government agencies, non-profit organizations, and the private sector. (d) make recommendations on capital and maintenance projects to improve bicycle and pedestrian safety and mobility. BOARD OF ZONING APPEALS Ordinance Reference: 2-59 Statutory Reference: §62.23(7)(e) Wis. Stats. (Mandatory if the City has adopted zoning requirements) Membership: 5 members Terms: 3 year terms Staff Liaison: Director of Community Development Meets: Monthly (if needed for hearings) Purpose and Duties: The Board of Zoning Appeals shall have the duties and powers prescribed in Section 62.23 of the Wisconsin Statutes and Chapter 30 of this Municipal Code. REDEVELOPMENT AUTHORITY Ordinance Reference: Resolution 03-65 Statutory Reference: §66.1333 Wis. Stats. Membership: 7 members only reference to Council members is in the resolution creating the commission which provides that when the Mayor serves as a commissioner he/she shall act as its chair Terms: while not specified in original resolution, members are typically appointed for 5 year terms Staff Liaison: Director of Community Development Meets: Every other Month Purpose and Duties: The Redevelopment Authority is an independent entity created by the City pursuant to Wisconsin Statutes for the purpose of carrying out blight elimination and urban renewal programs and projects. The Oshkosh Redevelopment Authority has as its primary emphasis and focus the redevelopment and revitalization of central city areas in the community. HOUSING AUTHORITY BOARD Ordinance Reference: None Statutory Reference: §§ 66.1201-66.1211 Wis. Stats. (Mandatory if you establish a Housing Authority) Membership: 5 members one of whom must be a low income resident or voucher participant, no more than 2 may be city officials Terms: 5 year terms Staff Liaison: Staffed by the Oshkosh/Winnebago Housing Authority Staff Meets: Monthly Purpose and Duties: The Board of Commissioners has the powers enumerated in 66.1201(9) Wis. Stats. and the authority to acquire property by eminent domain, issue bonds, mortgage property, contract with the federal government and liquidate and dispose of housing projects. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-82 Final Resolution Regarding Taxable Industrial Development Revenue Bond Financing for 1508 Koeller Oshkosh, LLC B A C KGRO UN DBACKGROUND 1508 Koeller Oshkosh LLC is requesting the City of Oshkosh pass a final resolution regarding Industrial Development Revenue Bond Financing to support the issuance of Taxable Industrial Development Revenue Bonds (IDRB's) to finance acquisition, remodeling, rehabilitation, and expansion of an existing shopping mall located at 1530 South Koeller Street. For reference, this shopping center contains Best Buy, Ross Dress for Less and Cousin's Subs. An initial resolution for this project was adopted on January 23, 2024. Because these are taxable bonds, no public hearing is required. However, the Council must still consider and adopt a Final Resolution prior to issuance of the proposed bonds. A N A L Y SI SANALYSIS The proposed IDRB's would provide financing for the project in an amount not to exceed $10,750,000 for acquisition and redevelopment of the shopping center located at 1530 South Koeller Street and payment of professional fees and costs associated with the project. The developer is working with a lending institution that will directly purchase the bonds and the City will assign all of its rights, liability and responsibilities under the bonds to this lender as the bondholder. FI SC A L I M P A CTFISCAL I M P A C T There is no anticipated fiscal impact from the proposed borrowing. The Resolution provides the property owner with the opportunity to secure lower interest rate bonds in support of the proposed project as opposed to other forms of financing. The bonds would not be general obligations of the City of Oshkosh and do not count against the City's borrowing capacity. The City of Oshkosh would not be liable for payment of principal or interest on the Bonds and would not have any ongoing responsibilities for monitoring or reporting with regard to the bonds or the proposed projects. Costs incurred by the City for review by our bond counsel will be reimbursed by the borrower. A t t a chment sAttachments Res 24-82 IDRB Resolution Text Exhibit A 02/27/2024 24-82 RESOLUTION PURPOSE: FINAL RESOLUTION REGARDING TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR 1508 KOELLER OSHKOSH, LLC INITIATED BY : CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh (the "Issuer") as follows: (Text of Resolution as shown on Attachment to this Resolution) HB: 4870-2572-5312.4 FINAL RESOLUTION REGARDING TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR 1508 KOELLER OSHKOSH LLC BE IT RESOLVED by the City Council of the City of Oshkosh, Wisconsin (the “Issuer”), as follows: Section 1 Recitals. 1.01 Under Wisconsin Statutes, Section 66.1103, as amended (the “Act”), the Issuer is authorized and empowered to issue revenue bonds to finance eligible costs of qualified “projects” (as defined in the Act), and to enter into “revenue agreements” (as defined in the Act) with “eligible participants” (as defined in the Act). 1.02 Pursuant to an Initial R esolution duly adopted on January 23, 2024, the Issuer expressed its intention to issue taxable industrial development revenue bonds of the Issuer in an amount not to exceed $10,750,000 (the “Bonds”) to finance a project on behalf of 1508 Koeller Oshkosh LLC, a Wisconsin limited liability company (the “Borrower”), consisting of financing the (i) acquisition, remodeling, rehabilitation, and expansion of an existing shopping mall located at 1530 South Koeller Street, Oshkosh, Wisconsin and (ii) payment of professional fees (collectively, the “Project”). Notice of adoption of the initial resolution adopted on January 23, 2024 was published as provided in the Act, and no petition requesting a referendum upon the question of issuance of the taxable industrial development revenue bonds has been filed. 1.03 Pursuant to Wisconsin Statutes, Section 66.1103, as amended, the Issuer may finance a project which is located entirely within the geographic limits of the Issuer. 1.04 Drafts of the following documents have been submitted to this City Council and are ordered filed in the office of the City Clerk: (a) a Financing Agreement (the “Financing Agreement”), proposed to be entered into among the Issuer, the Borrower, and Wells Fargo Bank, National Association, as purchaser (the “Purchaser”); and (b) a Promissory Note from the Borrower to the Issuer, and assigned by the Issuer to the Purchaser. Section 2 Findings and Determinations. It is hereby found and determined that: (a) based on representations of the Borrower, the Project constitutes a “project” authorized by the Act; 2 HB: 4870-2572-5312.4 (b) the purpose of the Issuer’s financing costs of the Project is and the effect thereof will be to promote the public purposes set forth in the Act; (c) it is desirable that a series of taxable industrial development revenue bonds in the aggregate principal amount not to exceed $10,750,000 be issued by the Issuer upon the terms set forth in the Financing Agreement, under the provisions of which the Issuer’s interest in the Financing Agreement (except for certain rights as provided therein) and the loan repayments will be assigned to the Purchaser as security for the payment of principal of and interest on and premium, if any, on all the Bonds outstanding under the Financing Agreement; (d) the loan payments provided for in the Financing Agreement, and the formulas set out for revising those payments under the Financing Agreement as required under the Act, are sufficient to produce income and revenue to provide for the prompt payment of principal of and interest on and premium, if any, on Bonds issued under the Financing Agreement when due; the amount necessary in each year to pay the principal of and interest on the Bonds is the sum of the principal and interest on the Bonds due in such year, whether on a stated payment date, a redemption date, or otherwise; the Financing Agreement provides that the Borrower shall provide for the maintenance of the Project in good repair, keeping it properly insured; (e) under the provisions of the Act, the Bonds shall be special, limited obligations of the Issuer and the Bonds do not constitute an indebtedness of the Issuer, within the meaning of any state constitutional or statutory provision; and (f) the Bonds shall not constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, including, but not limited to: 1. Liability for failure to investigate or negligence in the investigation of the financial position or prospects of an eligible participant, a user of the Project or any other person or for failure to consider, or negligence concerning, the adequacy of terms of, or collateral security for, the Bonds or any related agreement to protect interests of holders of the Bonds; and 2. Any liability in connection with the issuance or sale of the Bonds, for representations made, or for the performance of the obligation of any person who is a party to a related transaction or agreement except as specifically provided in the Act or by an express provision of the Bonds or a related written agreement to which the Issuer is a par ty. Section 3 Approvals and Authorizations. 3.01 There is hereby approved the issuance by the Issuer of its taxable industrial development revenue bonds (specifically, the Bonds) in an aggregate principal amount not to exceed $10,750,000, for the purpose of financing the Project. 3.02 The Issuer shall proceed to issue its Taxable Industrial Development Revenue Bonds, Series 2024 (1508 Koeller Oshkosh LLC Project), in the aggregate principal amount not to exceed $10,750,000, in the form and upon the terms set forth in the Financing Agreement, which terms, including without limitation, interest rates, redemption provisions and maturity, are for this purpose 3 HB: 4870-2572-5312.4 incorporated in this resolution and made a part hereof. The terms are hereby approved without further action by the Issuer, subject to the following parameters: (a) the initial interest rate on the Bonds shall not exceed 18%; (b) the sale and funding of the Bonds shall occur prior to August 1, 2024; (c) the final maturity date of the Bonds shall be no later than 25 years after the date of issuance; and (d) the maximum aggregate principal amount of the Bonds shall not exceed $10,750,000. If the Bonds are sold and issued in conformity with the parameters set forth herein, no further authorization by the Issuer is required, and the City Manager and City Clerk are authorized and directed to execute, attest and deliver the documents listed in Section 1.04 herein which are hereby approved, together with such subsequent changes as may be requested and approved by bond counsel and the Issuer’s attorney, and such other documents, agreements, instruments or certificates as are deemed necessary or desirable by the Issuer’s attorney and bond counsel. The City Manager, the City Clerk and the Director of Finance/City Treasurer are authorized and directed to execute and seal the Bonds as prescribed in the Financing Agreement and to deliver them to the Purchaser (together with a certified copy of this resolution and any other documents required by the Financing Agreement). 3.03 The City Manager and the City Clerk and other officers of the Issuer are authorized to prepare and furnish to the Purchaser and bond counsel certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required by the Purchaser and bond counsel to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers ’ custody and control or as otherwise known to them. 3.04 The approval hereby given to the various documents referred to in this resolution includes the approval of such additional details therein as may be necessary and appropriate for their completion and such modifications thereto, deletions therefrom and additions thereto as may be approved by the Issuer’s attorney and bond counsel. The execution of any document by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such document in accordance with the terms hereof. 3.05 Notice of sale of the Bonds, in the form attached hereto as Exhibit A, shall be published in the official newspaper of the Issuer as a class 1 notice under Chapter 985 of the Wisconsin Statutes. 3.06 The Bonds shall be special, limited obligations of the Issuer payable by it solely from revenues and income derived by or for the account of the Issuer from or for the account of the Borrower pursuant to the Financing Agreement. As security for the payment of the principal of, premium, if any, and interest on the Bonds, the Issuer shall pledge and assign to the Purchaser all of its right, title and interest in and to the trust estate described in the Financing Agreement. 4 HB: 4870-2572-5312.4 3.07 All out-of-pocket costs of the Issuer, including attorneys’ fees, in connection with the issuance and sale of the Bonds shall be paid from the proceeds of the Bonds or by the Borrower. Adopted: February 27, 2024 CITY OF OSHKOSH, WISCONSIN By: Matt Mugerauer, Mayor Attest: Diane Bartlett, City Clerk EXHIBIT A NOTICE TO THE ELECTORS On February 27, 2024, a resolution was offered, read, approved and adopted whereby the City of Oshkosh, Wisconsin authorized the issuance and sale of its Taxable Industrial Development Revenue Bonds, Series 2024 (1508 Koeller Oshkosh LLC Project) in an amount not to exceed $10,750,000 (the “Bonds”). The closing of this bond sale was held on _______________, 2024. A copy of all proceedings had to date with respect to the authorization and sale of said Bonds is on file and may be examined in the office of the City Clerk, 215 Church Avenue, Oshkosh, Wisconsin. This notice is given pursuant to Section 893.77, Wisconsin Statutes, which provides that an action or proceeding to contest the validity of such financing, for other than constitutional reasons, must be commenced within 30 days after the date of publication of this notice. Diane Bartlett, City Clerk City of Oshkosh, Wisconsin TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jon Urben, General Services Manager D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-83 Award Bid to MCC Inc. and Northeast Asphalt Inc. for 2024 Road Materials for Various Departments B A C KGRO UN DBACKGROUND Each year, multiple departments utilize vendors to provide road materials as needed for road repairs and construction projects. These materials include concrete, cement, stones, and hot mix/cold mix asphalt. A N A L Y SI SANALYSIS Working in conjunction with the Street Division, Purchasing reviewed and prepared proposals seeking vendors for road materials for 2024. Bid requests were sent to the four vendors who have bid in previous years. Bids were due February 20, 2024. The bid tab is attached. Bidders have agreed to honor these prices until January 31, 2025. It was staff consensus that most of the 2024 bid prices for road materials remained the same or decreased slightly from 2023. FI SC A L I M P A CTFISCAL I M P A C T Appropriate funds have been allocated in various 2024 departmental operating budgets for the purchase of these road materials for construction projects. These road materials are charged to various 65XX accounts from departmental budgets. REC O M M E N D A TI ONRECOMMENDATION Working with the Street Division, Purchasing reviewed the bids and is recommending the Common Council award road material bids to the following vendors with bid amounts and quantities more/less as indicated on the attached bid tabulation: Breaker Run, Base Course, Clear Stone, Crushed Limestone Materials, Ready-Mix Concrete, #2 Slurry Mix, Hot Mix Asphalt- Binder 19mm, Surface 12.5mm and Cold Mix- MCC Inc.; Hot Mix Asphalt Binder 12.5mm and Surface 9.5mm- Northeast Asphalt Inc. A t t a chment sAttachments Res 24-83 Bid Tab 2024 Road Materials 02/27/2024 24-83 RESOLUTION PURPOSE: AWARD BID TO MCC INC. AND NORTHEAST ASPHALT INC. FOR 2024 ROAD MATERIALS FOR VARIOUS DEPARTMENTS INITIATED BY : PURCHASING DEPARTMENT WHEREAS, the City of Oshkosh has heretofore advertised for bids for 2024 road materials for various departments; and WHEREAS, upon the opening and tabulation of bids, it appears that the following are the most advantageous bids: Breaker Run, Base Course, Clear Stone, Crushed Limestone Materials, Ready-Mix Concrete, #2 Slurry Mix, Hot Mix Asphalt- Binder 19mm, Surface 12.5mm and Cold Mix: MCC INC. 2600 N ROEMER ROAD APPLETON, WI 54912 (See Attached Bid Tab for Quantities and Bid) and Hot Mix Asphalt Binder 12.5mm and Surface 9.5mm: NORTHEAST ASPHALT INC. W6380 Design Drive Greenville, WI 54942 (See Attached Bid Tab for Quantities and Bid) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the above-described bids are hereby accepted and the proper City officials are hereby authorized and directed to enter into appropriate agreements for the purpose of same, all according to plans, specifications, and bids on file. Money for this purpose is hereby appropriated from: Acct. No. 65XX- Multiple Funds - Stone/Gravel/Concrete/Asphalt MCC Inc Northeast Asphalt Inc 2600 N Roemer Road W6380 Design Drive Appleton WI 54912 Greenville WI 54942 Quarry Appleton Quarry Larson BREAKER RUN 6" 1,000 TONS MORE OR LESS PICKED UP $9.00tn N/A BREAKER RUN 3" 1,000 TONS MORE OR LESS PICKED UP $9.00/tn N/A 1 1/4" BASE COURSE 2,000 TONS MORE OR LESS PICKED UP $9.00/tn N/A 3/4" BASE COURSE 600 TONS MORE OR LESS PICKED UP $9.00/tn N/A 3/4" CLEAR STONE 200 TONS MORE OR LESS PICKED UP $10.00/tn N/A 3/8" CRUSHED LIMESTONE W/FINES 50 TONS MORE OR LESS PICKED UP $6.25/tn N/A READY-MIX CONCRETE Delivered 3,000 PSI PER C.Y. or 5 BAG MIX $148.00/cy N/A 4,000 PSI PER C.Y. or 6 BAG MIX $153.00/cy N/A 5,000 PSI PER C.Y OR 7 BAG MIX $158.00/cy N/A 7,000 PSI PER C.Y. or 8 BAG MIX $168.00/cy N/A 8,000+ PSI PER C.Y. or 9 BAG MIX $180.00cy N/A 500 TONS MORE OR LESS #2 Slurry PER C.Y.$119.00/cy N/A Hot Water October and April $4.50 N/A Winter Service/Heat Charge Nov 1 - Mar 31 $9.00 N/A Delivery Charge if less than 4 yds $200.00 N/A After hours (4:00pm) or Saturdays $150.00/per load N/A Fuel Surcharge N/A N/A Excessive unloading time N/A N/A HOT MIX ASPHALT - PICKED UP 700 TONS MORE OR LESS Binder 19 mm $56.00/tn $59.50/tn Binder 12.5 mm N/A $60.75/tn Surface 12.5 mm $60.00/tn N/A Surface 9.5 mm $63.75/tn COLD MIX SC250 700 TONS MORE OR LESS Picked up $125.00/tn $144.50/tn Delivered $252.00/tn N/A DESCRIPTION BID TAB CITY OF OSHKOSH ROAD MATERIALS - MARCH 1 2024 - JANUARY 31, 2025 BIDS OPENED - FEBRUARY 20, 2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jon Urben, General Services Manager D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-84 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD for the Cherry Street Reconstruction Project 24-07 ($68,146.78) B A C KGRO UN DBACKGROUND The Common Council allocated funds in the 2024 CIP for the Cherry Street Reconstruction Project which includes paving, sidewalks, driveways, and utilities. As part of this project, the City's Electric Division is to purchase and supply the light poles and fixtures to ensure compliance with the City's lighting standards. Installation of the equipment will be coordinated by the electrical subcontractor for the project. A N A L Y SI SANALYSIS Electric Division staff secured a proposal for the required light poles and fixtures for this project from Enterprise Lighting LTD, supplier of the City's standardized lighting poles and fixtures. Purchasing has confirmed this purchase is in accordance with Section 12-11 (sole source/standardization exception) of the Municipal Code. FI SC A L I M P A CTFISCAL I M P A C T The cost for the lighting poles and fixtures from Enterprise Lighting LTD is $68,146.78. This purchase will be charged to A/N# 03210410 6809 04407 (Cherry Street Reconstruction Project 24-07). This purchase is included within the total estimated cost for all Traffic Improvements CIP related items for this project. REC O M M E N D A TI ONRECOMMENDATION Section 12-11 of the Municipal Code provides that, subject to approval of the City Manager, purchases may be made without following a formal competitive bidding process when the purchase is from only one source of supply or when standardization or compatibility is the overriding consideration. In accordance with Section 12-11 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve the lighting poles and fixtures purchase from Enterprise Lighting LTD, 2007 Pewaukee Road, Waukesha, WI 53188 in the amount of $68,146.78. A t t a chment sAttachments Res 24-84 02/27/2024 24-84 RESOLUTION PURPOSE: APPROVE PURCHASE OF LIGHTING POLES AND FIXTURES FROM ENTERPRISE LIGHTING LTD FOR THE CHERRY STREET RECONSTRUCTION PROJECT 24-07 ($68,146.78) INITIATED BY : PURCHASING DEPARTMENT WHEREAS, the Common Council allocated funds in the 2024 CIP for the Cherry Street Reconstruction Project 24-07; and WHEREAS, this project will require the purchase of lighting poles and fixtures to ensure compliance with the City’s lighting standards; and WHEREAS, the Electric Division staff secured proposals from the City’s standardized supplier for the City’s lighting poles and fixtures for the necessary equipment for this project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to purchase lighting poles and fixtures for the Cherry Street Reconstruction Project 24-07 from: ENTERPRISE LIGHTING LTD. 2007 Pewaukee Road Waukesha, WI 53188 Total: $68,146.78 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreements for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 03210410 6809 04407 Cherry Street Reconstruction Project 24-07 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-85 Approve Change Order No. 2 (Revised) Final for Public Works Contract No. 22-02 East 9th Avenue Reconstruction / Advance Construction, Inc. ($44,944.33) B A C KGRO UN DBACKGROUND Change Order No. 2 (Final) for Contract 22-02 is scheduled for consideration by the Common Council (Council) at the February 27, 2024 meeting. The contract was originally awarded to Advance Construction, Inc. in July 2022 and Change Order No. 1 was awarded in December 2023. This change order is for additional services requested by the City of Oshkosh (City) and to adjust quantities to match the necessary installation in the field. A N A L Y SI SANALYSIS Following is a summary of the significant changes to each section of the Capital Improvement Program (CIP): Street -- Final quantities were adjusted to match field conditions. Previous concrete quantities were inadvertently miscalculated by the City's project consultant and were brought to the attention of the City after Change Order No. 1 was approved by Council. Traffic -- Final quantities were adjusted to match field conditions. Two (2) collapsible bollards as well as concrete pavement were not included in Change Order No. 1 and were brought to the attention of the City after Change Order No. 1 was approved by Council. FI SC A L I M P A CTFISCAL I M P A C T Contract Section Change Order Amount Estimated Total Construction Costs CIP Budget Street $21,556.48 $782,415.00 $1,605,100 Storm Sewer $0.00 $1,377,966.75 $2,542,300 Sanitary Sewer $0.00 $169,180.42 $441,300 Water Main $0.00 $387,479.97 $801,900 Sidewalk $0.00 $62,404.83 $88,000 Traffic $23,387.85 $325,546.10 $500,000 Admin $0.00 $532.42 $6,000 Total $44,944.33 $3,105,525.49 $5,984,600 Funding for this Change Order is in the 2022 CIP (Account No. 03210410-6801-04202/Contract Control- Paving-22-02 East 9th Ave Reconstruction and 03210410-6809-04202/Contract Control-Traffic-22-02 East 9th Ave Reconstruction). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of Change Order No. 2 (Revised) Final to Contact No. 22-02 in the amount of $44,922.33 to Advance Construction, Inc. A t t a chment sAttachments Res 24-85 22-02 CO #2 (Final) 02/27/2024 24-85 RESOLUTION PURPOSE: APPROVE CHANGE ORDER NO. 2 (REVISED) FINAL FOR PUBLIC WORKS CONTRACT 22-02 EAST 9TH AVENUE RECONSTRUCTION / ADVANCE CONSTRUCTION, INC. ($44,944.33) INITIATED BY : DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh had previously awarded Contract 22-02 to Advance Construction, Inc. which has now completed the work and approval of the revised final quantities to match the necessary installation in the field to close the contract. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following change orders, a copy of which is attached, are hereby approved: ADVANCE CONSTRUCTION 2141 WOODALE AVENUE GREEN BAY, WI 54313 Net Increase to Contract: $44,944.33 PURPOSE: See attached Change Orders. Acct. Nos. 03210410-6801-04202 Contract Control-Paving-22-02 East 9th Ave Reconstruction, 03210410-6809-04202 Contract Control-Traffic-22-02 East 9th Ave Reconstruction TO: ADVANCE CONSTRUCTION CHANGE ORDER #2 (REVISED) FINAL 2141 WOODALE AVENUE GREEN BAY, WI 54313 Your present contract with the City of Oshkosh, Contract No. 22-02, awarded July 26, 2022, is hereby amended and changed as follows: $44,944.33 $0.00 $44,944.33 SECTION I TOTALS BID TOTAL $2,468,231.85 $2,468,231.85 CO #1 ($178,131.40)($178,131.40) PREVIOUS $2,290,100.45 $2,290,100.45 CO #2 $44,944.33 $44,944.33 CONTRACT TOTAL $2,335,044.78 $2,335,044.78 CITY OF OSHKOSH BY: I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. Approved as to form: City Attorney DATE: FEBRUARY 16, 2024 ______________________________ Comptroller ______________________________ Contractor ______________________________ Approved and accepted: ______________________________ City Manager City Clerk ______________________________ NET INCREASE TO SECTION I: NET INCREASE TO ADDITIONAL WORK: NET INCREASE TO CONTRACT: CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL 22-02 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 500 Salvaged crushed concrete credit; complete as specified Tons 13,400.00 13,400.00 ($8.50) 1010 Clearing; complete as specified Stations 4.50 4.50 $600.00 1020 Grubbing; complete as specified Stations 4.50 4.50 $400.00 1050 Mobilization; complete as specified Lump Sum 1.00 1.00 $148,500.00 1100 Removing pavement; complete as specified Square Yards 1,588.00 1,588.00 $7.70 1101 Removing railroad rails; complete as specified Linear Feet 400.00 400.00 $24.00 1102 Removing railroad ties; complete as specified Tons 7.70 7.70 $100.00 1103 Removing building foundations; complete as specified Linear Feet 280.00 280.00 $40.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 1,000.00 1,000.00 $0.88 1200 Unclassified excavation; complete as specified Cubic Yards 3,536.00 3,536.00 $8.00 1220 Excavation special (paving); complete as specified Tons 517.60 517.60 $10.30 1313 8" concrete pavement HES; with 6" CABC and grading; complete as specified Square Yards 689.50 1,043.70 354.20 $62.44 $22,116.25 1314A 8" concrete pavement doweled; with 6" CABC and grading; complete as specified Square Yards 4,565.70 4,565.70 $54.44 1315 8" concrete pavement doweled; HES; with 6" CABC and grading; complete as specified Square Yards 238.80 517.20 278.40 $68.45 $19,056.48 1334 Concrete pavement gaps; complete as specified Each 0.00 0.00 $1,500.00 1340 Crushed aggregate base course; complete as specified Tons 2,261.63 2,261.63 $15.00 1350 Pavement ties; complete as specified Each 50.00 50.00 $9.00 1354 Drilled dowel bars; 1 1/4"; complete as specified Each 117.00 117.00 $14.00 1360 Adjust manholes and inlets; complete as specified Each 20.00 20.00 $350.00 Page 2 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1370 Turf restoration; complete as specified Square Yards 3,884.30 3,884.30 $7.50 1372 Restore gravel driveway/apron; complete as specified Square Yards 0.00 0.00 $7.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 0.00 0.00 $0.01 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 0.00 0.00 $0.01 1384 Cold weather covering (concrete pavement) - double visquine with 6" hay; complete as specified Square Yards 0.00 0.00 $0.01 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 0.00 0.00 $10.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 88.40 163.20 74.80 $17.00 $1,271.60 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 8,366.00 8,366.00 $5.85 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 902.40 902.40 $6.70 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 3,439.50 3,439.50 $7.75 1524 8" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 825.40 825.40 $8.35 1540 Curb ramp detectable warning field (natural/non- painted); complete as specified Square Feet 70.00 70.00 $35.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 40.00 40.00 $2.25 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy-coated; complete as specified Each 14.00 14.00 $5.00 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 0.00 0.00 $0.01 Page 3 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 0.00 0.00 $0.01 1584 Cold weather covering (sidewalk) - double visquine with 6" hay; complete as specified Square Feet 0.00 0.00 $0.01 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 0.00 0.00 $20.00 1650 Locate existing property monuments; complete as specified Each 0.00 0.00 $150.00 1652 Replace existing property monuments; complete as specified Each 0.00 0.00 $50.00 1700 Sawing existing pavement; complete as specified Linear Feet 75.00 75.00 $3.80 1710 Sawing concrete pavement full depth; complete as specified Linear Feet 168.70 168.70 $3.80 1900 Tack coat; complete as specified Gallons 0.00 0.00 $2.95 1915 5" asphaltic surface MT with 6" CABC and grading; complete as specified Square Yards 49.50 49.50 $77.00 1917 2" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 0.00 0.00 $23.00 1918 Asphaltic cold weather paving; complete as specified Square Yards 0.00 0.00 $12.30 1971 Furnish and install collapsible bollards; complete as specified Lump Sum 0.00 1.00 1.00 $2,500.00 $2,500.00 1972 Furnish and install chain link fence; complete as specified Linear Feet 349.70 349.70 $80.00 1973 Furnish and install chain link fence gate; complete as specified Each 1.00 1.00 $6,300.00 1974 Pavement markings; epoxy; 4" (white); complete as specified Linear Feet 601.70 601.70 $3.50 1975 Pavement markings; epoxy; 4" (yellow); complete as specified Linear Feet 2,156.00 2,156.00 $1.75 1976 Pavement markings; epoxy; 8" (white); complete as specified Linear Feet 308.00 308.00 $2.90 Page 4 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1977 Pavement markings; cross- walk epoxy; 6" (white); complete as specified Linear Feet 315.30 315.30 $11.00 1978 Pavement markings; stop-line epoxy; 18" (white); complete as specified Linear Feet 118.30 118.30 $13.00 1979 Pavement markings; arrow epoxy; Type 1 (white); complete as specified Each 1.00 1.00 $215.00 1980 Pavement markings; arrow epoxy; Type 2 (white); complete as specified Each 3.00 3.00 $225.00 1983 Pavement markings; word; epoxy (white); complete as specified Each 1.00 1.00 $250.00 1984 Pavement markings; symbol; epoxy (white); complete as specified Each 1.00 1.00 $225.00 1985 Temporary pavement markings; paint; 4" (white); complete as specified Linear Feet 0.00 0.00 $1.00 1986 Remove pavement markings; complete as specified Linear Feet 0.00 0.00 $2.00 1988 Pavement markings; railroad crossing; epoxy (white); complete as specified Lump Sum 1.00 1.00 $1,100.00 2003 Furnish and install 12" storm sewer; complete as specified Linear Feet 235.00 235.00 $89.00 2006 Furnish and install 15" storm sewer; complete as specified Linear Feet 72.65 72.65 $96.00 2015 Furnish and install 24" storm sewer; complete as specified Linear Feet 0.00 0.00 $131.00 2021 Furnish and install 30" storm sewer; complete as specified Linear Feet 162.70 162.70 $160.00 2072 Furnish and install 4' x 6' box culvert storm sewer; complete as specified Linear Feet 585.50 585.50 $880.00 2078 Furnish and install 4' x 8' box culvert storm sewer; complete as specified Linear Feet 336.00 336.00 $1,165.00 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 35.12 35.12 $644.00 2225A Furnish and install storm sewer junction chamber E-6; complete as specified Each 1.00 1.00 $24,000.00 2225B Furnish and install storm sewer junction chamber E-9; complete as specified Each 1.00 1.00 $29,000.00 Page 5 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 2227 Furnish and install standard storm sewer manhole riser (4' diameter); complete as specified Vertical Feet 5.16 5.16 $400.00 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 8.00 8.00 $3,500.00 2404 Furnish and install storm sewer marker balls; complete as specified Each 2.00 2.00 $60.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 11.00 11.00 $100.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 4.00 4.00 $60.00 2514 Furnish; install; maintain; and remove silt fence; complete as specified Linear Feet 116.00 116.00 $3.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 0.00 0.00 $15.00 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 0.00 0.00 $30.00 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 328.00 328.00 $13.00 2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 73.00 73.00 $18.00 2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 120.00 120.00 $44.00 2812 Remove storm sewer manholes and inlets; complete as specified Each 5.00 5.00 $600.00 2850 Connect to existing storm sewer main; complete as specified Each 3.00 3.00 $550.00 2950 Excavation special (storm); complete as specified Tons 2,504.90 2,504.90 $14.45 2952 Bentonite slurry dam (storm); complete as specified Each 0.00 0.00 $350.00 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 6.00 6.00 $240.00 3032 Furnish and install 10" sanitary sewer (new); complete as specified Linear Feet 565.00 565.00 $128.00 Page 6 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 18.42 18.42 $550.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 4.00 4.00 $590.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 0.00 0.00 $450.00 3118 Furnish and install sanitary sewer internal manhole chimney seal; complete as specified Each 0.00 0.00 $450.00 3300 Furnish and install connection to existing 8" sanitary sewer mains; complete as specified Each 2.00 2.00 $1,000.00 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 0.00 0.00 $1,000.00 3700 Closed circuit televising; complete as specified Linear Feet 585.00 585.00 $5.00 3710 Closed circuit televising - using push camera; complete as specified Each 0.00 0.00 $1,500.00 3892 Excavation special (sanitary); complete as specified Tons 599.59 599.59 $14.45 3894 Bentonite slurry dam (sanitary); complete as specified Each 0.00 0.00 $300.00 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 84.00 84.00 $176.00 4004 Furnish and install 8" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 975.00 975.00 $176.00 4060 Furnish and install connections to existing 8" water main; complete as specified Each 1.00 1.00 $2,500.00 4110 Furnish and install 8" x 6" water main tee; complete as specified Each 3.00 3.00 $630.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 6.00 6.00 $310.00 Page 7 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 4237 Furnish and install 8" 45 degree water main bend; complete as specified Each 4.00 4.00 $410.00 4254 Furnish and install 6" water main cap; complete as specified Each 1.00 1.00 $300.00 4352 Cut and cap existing 6" water main; complete as specified Each 1.00 1.00 $540.00 4354 Cut and cap existing 8" water main; complete as specified Each 1.00 1.00 $600.00 4401 Furnish and install 6" water main gate valve; complete as specified Each 3.00 3.00 $1,655.00 4402 Furnish and install 8" water main gate valve; complete as specified Each 3.00 3.00 $2,295.00 4438 Furnish and install 10" x 8" tapping valve and sleeve; complete as specified Each 1.00 1.00 $4,500.00 4500 Furnish and install hydrant; complete as specified Each 2.00 2.00 $5,300.00 4900 Abandon water main on E. 9TH AVENUE; complete as specified Lump Sum 1.00 1.00 $4,000.00 4920 Remove water main; complete as specified Linear Feet 57.00 57.00 $40.00 4990 Excavation special (water); complete as specified Tons 1,915.49 1,915.49 $14.45 4992 Bentonite slurry dam (water); complete as specified Each 2.00 2.00 $300.00 5013 Furnish and install pull box (non-conductive); 18" x 36"; complete as specified Each 9.00 9.00 $1,650.00 5017 Furnish and install pull box - non-conductive, 24" x 36"; complete as specified Each 7.00 7.00 $1,750.00 5025 Adjust pull box; complete as specified Each 16.00 16.00 $275.00 5026 Remove pull box; complete as specified Each 4.00 4.00 $125.00 5027 Remove concrete base; complete as specified Each 9.00 9.00 $200.00 5051 Install CITY-supplied lighting control cabinet; complete as specified Each 1.00 1.00 $2,000.00 5053 Install CITY-supplied fully- actuated 8-phase traffic signal control cabinet; complete as specified Each 1.00 1.00 $2,000.00 Page 8 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 5054 Install electrical service; complete as specified Each 1.00 1.00 $1,750.00 5100 Furnish and install 1" Schedule 40 PVC; complete as specified Linear Feet 20.00 20.00 $8.00 5120 Furnish and install 2" Schedule 40 PVC; complete as specified Linear Feet 143.00 143.00 $10.00 5124 Furnish and install 2.5" Schedule 40 PVC; complete as specified Linear Feet 38.00 38.00 $15.00 5130 Furnish and install 3" Schedule 40 PVC; complete as specified Linear Feet 2,380.00 2,380.00 $14.00 5180 Connect to existing pull box; complete as specified Each 0.00 0.00 $250.00 5181 Connect to existing conduit; complete as specified Each 6.00 6.00 $200.00 5230 Furnish and install 4 gauge red-coated wire; complete as specified Linear Feet 2,562.00 2,562.00 $2.50 5231 Furnish and install 4 gauge black-coated wire; complete as specified Linear Feet 2,562.00 2,562.00 $2.50 5252 Furnish and install 8 gauge green-coated wire; complete as specified Linear Feet 2,140.00 2,140.00 $1.50 5260 Furnish and install 10 gauge red-coated wire; complete as specified Linear Feet 282.00 282.00 $0.90 5261 Furnish and install 10 gauge black-coated wire; complete as specified Linear Feet 282.00 282.00 $0.90 5262 Furnish and install 10 gauge green-coated wire; complete as specified Linear Feet 607.00 607.00 $0.90 5270 Furnish and install 12 gauge red-coated wire; complete as specified Linear Feet 200.00 200.00 $0.85 5271 Furnish and install 12 gauge black-coated wire; complete as specified Linear Feet 200.00 200.00 $0.85 5272 Furnish and install 12 gauge green-coated wire; complete as specified Linear Feet 200.00 200.00 $0.85 5282 Furnish and install 14 gauge green-coated wire; complete as specified Linear Feet 130.00 130.00 $0.85 Page 9 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 5356 Furnish and install 14 gauge stranded single pair twisted with shield; complete as specified Linear Feet 793.00 793.00 $2.00 5360 Furnish and install 14 AWG solid 3 conductor; complete as specified Linear Feet 110.00 110.00 $1.90 5362 Furnish and install 14 AWG solid 5 conductor; complete as specified Linear Feet 120.00 120.00 $2.00 5364 Furnish and install 14 AWG solid 7 conductor; complete as specified Linear Feet 180.00 180.00 $2.50 5366 Furnish and install 14 AWG solid 9 conductor; complete as specified Linear Feet 140.00 140.00 $3.25 5372 Furnish and install 14 AWG solid 21 conductor; complete as specified Linear Feet 1,175.00 1,175.00 $4.75 5380 Furnish and install fuse holder; complete as specified Each 16.00 16.00 $50.00 5386 Furnish and install 2A fuse; complete as specified Each 16.00 16.00 $5.00 5410 Install CITY-supplied decorative pole and pole top light structure; complete as specified Each 8.00 8.00 $750.00 5412 Install CITY-supplied inverted acorn structure; complete as specified Each 1.00 1.00 $750.00 5420 Install CITY-supplied 10' traffic signal pole with a pedestal base, complete as specified Each 1.00 1.00 $250.00 5422 Install CITY-supplied 15' traffic signal pole with a pedestal base; complete as specified Each 4.00 4.00 $250.00 5424 Install CITY-supplied 20' traffic signal pole with a pedestal base; complete as specified Each 2.00 2.00 $550.00 5426 Install CITY-supplied 30' traffic signal pole with a transformer base; complete as specified Each 1.00 1.00 $750.00 5431 Install CITY-supplied 25' trombone arm; complete as specified Each 3.00 3.00 $750.00 Page 10 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 5434 Install CITY-supplied three- section traffic signal head; back plate; and LED modules; complete as specified Each 4.00 4.00 $550.00 5436 Install CITY-supplied five- section traffic signal head; back plate; and LED modules; complete as specified Each 7.00 7.00 $650.00 5438 Install CITY-supplied pedestrian signal head with countdown timer; complete as specified Each 8.00 8.00 $350.00 5440 Install CITY-supplied pedestrian push button; complete as specified Each 4.00 4.00 $200.00 5458 Install CITY-supplied 10' truss- type luminaire arm with 4" clamp; complete as specified Each 1.00 1.00 $250.00 5502 Furnish and install Type 2 base; complete as specified Each 15.00 15.00 $1,050.00 5506 Furnish and install Type 9 base; complete as specified Each 2.00 2.00 $200.00 5508 Furnish and install Type 2 Modified base; complete as specified Each 1.00 1.00 $1,500.00 SECTION I (BID ITEMS 500 - 5508) - SUBTOTAL: $44,944.33 $0.00 NET INCREASE TO SECTION I: $44,944.33 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1-4036 1" Water service (includes piping, tapping saddle, corp, curb stop, stop, and rod); complete as specified Linear Feet 23.00 23.00 $127.00 1-4097 Bio-bag (water main wrap); complete as specified Linear Feet 325.00 325.00 $2.75 1-4722 12" water main casing; complete as specified Linear Feet 16.00 16.00 $136.00 1-10000 Install post 8' in lieu of 10' spacing; complete as specified Linear Feet 320.00 320.00 $1.75 1-10001 Install post 8' in lieu of 10' spacing on incidental section; complete as specified Lump Sum 1.00 1.00 $309.00 1-10002 Install concrete base on posts for support; complete as specified Each 40.00 40.00 $101.00 ADDITIONAL WORK REQUIRED CO #1 Page 11 of 12 CONTRACT 22-02 CHANGE ORDER #2 (REVISED) FINAL ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1-20000 Abandon old gas main; complete as specified Lump Sum 1.00 1.00 $1,500.00 1-20001 Tank removal; complete as specified Hourly 9.00 9.00 $1,000.00 1-20002 Paperwork to abandon tanks SGS; complete as specified Lump Sum 1.00 1.00 $185.00 1-20003 ULO railroad utilities; complete as specified Each 3.00 3.00 $1,000.00 1-20004 Excavate 24" storm for connection; then were told to put back together; complete as specified Hourly 3.78 3.78 $1,000.00 1-20005 Concrete to repair 24" storm sewer; complete as specified Yards 4.50 4.50 $160.54 1-20006 Bentonite slurry for storm box per AECOM recommendation; complete as specified Lump Sum 1.00 1.00 $7,078.58 $0.00 $0.00 $0.00 $44,944.33 $0.00 $44,944.33NET INCREASE TO CONTRACT: ADD'L WORK (BID ITEMS 1-4036 - 1-20006) - SUBTOTAL: NET INCREASE TO ADD'L WORK: NET INCREASE TO SECTION I: NET INCREASE TO ADDITIONAL WORK: Page 12 of 12 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :James Rabe, Director of Public Works D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-86 Waive Bids and Approve Purchase of Snow Plow Blades from Burke Truck & Equipment ($27,446.47) B A C KGRO UN DBACKGROUND The Department of Public Works routinely needs to purchase replacement plow blades for our fleet. During snow removal operations, the Street Division deploys thirty-three (33) pieces of equipment. This equipment is responsible for snow removal operations of all City streets, multiple City-owned parking lots, and public sidewalks adjacent to City-owned parcels. Having a robust inventory of plow blades on hand allows us to make repairs or replace worn blades in a timely manner to avoid costly downtimes during a snow removal emergency. A N A L Y SI SANALYSIS Over the last several years, the Department of Public Works has been working with Burke Truck and Equipment out of Madison, Wisconsin. They have been providing replacement plow blades for all equipment in the Street Division fleet. This company has the ability to meet our expectations pertaining to timeframe, durability, accuracy during production, and cost. In addition to understanding and meeting our expectations, they have our plow blade bolt pattern and spacing on file. Having this information readily available allows department staff to confidently order replacement blades and receive them in a timely and accurate manner. FI SC A L I M P A CTFISCAL I M P A C T The cost of this purchase from Burke Truck & Equipment is $27,446.47. Funding for this purchase is available in the 2024 Operating Budget (Account #06090450-6539/Fleet Services-Non Inv -- Repair Parts). REC O M M E N D A TI ONRECOMMENDATION Section 12-11 of the Municipal Code of the City of Oshkosh provides that material purchases, when equipment items are available from only one source of supply, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval regarding this purchase. A t t a chment sAttachments Res 24-86 Burke Truck Inv 02/27/2024 24-86 RESOLUTION PURPOSE: WAIVE BIDS AND APPROVE PURCHASE OF BLADES FROM BURKE TRUCK & EQUIPMENT ($27,446.47) INITIATED BY : PURCHASING DEPARTMENT WHEREAS, it is necessary to purchase replacement plow blades for the Street Division fleet; and WHEREAS, the city has been working with Burke Truck and Equipment who has been providing replacement plow blades for all equipment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to purchase plow blades from: BURKE TRUCK & EQUIPMENT 5337 Reiner Rd Madison, WI 53718 Total: $27,446.47 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 06090450-6539 Fleet Services-Non Inv – Repair Parts TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-87 Approve Contract with Beaver Services Inc. for the Demolition of 656 North Main Street ($34,000) B A C KGRO UN DBACKGROUND The Redevelopment Authority has acquired multiple properties along Jefferson Street and North Main Street on the 600 block in an effort to redevelop a portion of the block. The RDA recently awarded an option to purchase to Commonwealth Development to construct a mixed-use development on the RDA's property in 2024. The properties were purchased in late 2023 and staff started the process to demolish the building. The asbestos was removed in January 2024. A N A L Y SI SANALYSIS The City bid out the demolition of the building and six (6) bids were received. Beaver Services Inc. submitted the lowest bid to demolish the building. The City has worked with Beaver Services Inc. on previous projects. FI SC A L I M P A CTFISCAL I M P A C T The cost to demolish the building is $34,000.00. The Community Development Block Grant budget will fund the cost to demolish the building. REC O M M E N D A TI ONRECOMMENDATION Community Development recommends approving of the contract with Beaver Services Inc. for $34,000 to demolish 656 North Main Street. A t t a chment sAttachments Res 24-87 24-87 RESOLUTION PURPOSE: APPROVE CONTRACT WITH BEAVER SERVICES INC. FOR THE DEMOLITION OF 656 NORTH MAIN STREET ($34,000) INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a contract with Beaver Services Inc. is hereby approved for demolition for 656 North Main Street, in the amount of $34,000. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from Account No. 0303-0740, the Community Development Block Grant Fund. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-88 Approve Special Event - Run Away Events to Utilize Menominee Park and City Streets for the Run Away to the Bay Event, April 13, 2024 A t t a chment sAttachments Res 24-88 Run Away to the Bay Attachment 02/27/2024 24-88 RESOLUTION PURPOSE: APPROVE SPECIAL EVENT - RUN AWAY EVENTS TO UTILIZE MENOMINEE PARK & CITY STREETS FOR THE RUN AWAY TO THE BAY EVENT, APRIL 13, 2024 INITIATED BY : CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Run Away Events (Ross McDowell) to utilize Menominee Park and city streets (route – south end of Menominee Park, Siewert Trail, Hickory Street, E Murdock Avenue, Harrison Road, Bowen Street/County A and continues into Winnebago County Jurisdiction) April 15, 2023, from 6:30 a.m. to 9:00 a.m., for the Run Away to the Bay event, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $303.68 (preliminary estimate includes dedicated staffing of 1 Sgt. Supervisor hr. and 12 CSO hrs.) Equipment/Vehicle Use $99.45 (preliminary estimate includes dedicated use of police vehicles for 5 hrs.) Supplies/Materials $38.50 (preliminary estimate includes use of cones & no parking signs) TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-89 Approve Special Event - Winnebago Audubon Society and Oshkosh Bird Fest Committee to Utilize Lakeshore Park Four Seasons Building for the Oshkosh Bird Fest, May 4, 2024 A t t a chment sAttachments Res 24-89 Bird Fest Attachment 02/27/2024 24-89 RESOLUTION PURPOSE: APPROVE SPECIAL EVENT - WINNEBAGO AUDUBON SOCIETY & OSHKOSH BIRD FEST COMMITTEE TO UTILIZE LAKESHORE PARK FOUR SEASONS BUILDING FOR THE OSHKOSH BIRD FEST, MAY 4, 3024 INITIATED BY : CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the Winnebago Audubon Society & Oshkosh Bird Fest Committee (Janet Wissink) to utilize Lakeshore Park Four Seasons Building on Saturday, May 4, 2024, from 5:30 a.m. to 2:00 p.m. (actual event time 6:00 a.m. – 12:00 p.m.) for the Oshkosh Bird Fest in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. Birds of prey exhibit will be allowed for educational/demonstration purposes. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-90 Approve Special Event - Oshkosh Garden Club to Utilize the Front Grounds of the Oshkosh Public Museum for the Oshkosh Garden Club Plant Sale, May 18, 2024 A t t a chment sAttachments Res 24-90 Garden Club Plant Sale Attachment 24-90 RESOLUTION PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH GARDEN CLUB TO UTILIZE THE FRONT GROUNDS OF THE OSHKOSH PUBLIC MUSEUM FOR THE OSHKOSH GARDEN CLUB PLANT SALE, MAY 18, 2024 INITIATED BY : CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Oshkosh Garden Club (Lee Ann Lily) to utilize the front grounds of Oshkosh Public Museum, on Saturday, May 2, 2023, from 8:00 a.m. to 2:00 p.m. for the Oshkosh Garden Club Plant Sale, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Becca Andraschko, Deputy Clerk D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-91 Approve Special Class "B" Licenses A t t a chment sAttachments Res 24-91 2/27/2024 24-91 RESOLUTION PURPOSE: APPROVE SPECIAL CLASS "B" LICENSES INITIATED BY : CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews required by city ordinance have been completed; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: SPECIAL CLASS "B" LICENSES ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, AND PERSON IN CHARGE: Masonic Building Association Event Name: ACW Wrestling March 1, 2024 from 5:00pm to 11:45pm Location: 204 Washington Avenue, Oshkosh, WI 54901 Person in Charge: Mark Rutkowski Masonic Building Association Event Name: Guns & Gold Fundraiser March 27, 2024 from 5:00pm to 11:45pm Location: 204 Washington Avenue, Oshkosh, WI 54901 Person in Charge: Mark Rutkowski Winnebago County Fair Association Event Name: Mexican Rodeo April 7, 2024 from 12:00pm to 11:59pm Location: Sunnyview Expo Center - 500 E County Road Y, Oshkosh, WI 54901 Person in Charge: Michael Domke TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Becca Andraschko, Deputy Clerk D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-92 Approve Agent Change - Pick N Save #375 A t t a chment sAttachments Res 24-92 02/27/2024 24-92 RESOLUTION PURPOSE: Approve Agent Change for Combination "Class A" Beer/Liquor License INITIATED BY : CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: AGENT CHANGE COMBINATION "CLASS A" BEER/LIQUOR LICENSE (February 28, 2024 - June 30, 2024) Pick N Save #375 (Ultra Mart Foods, Inc) 1900 Jackson Street, Oshkosh, WI 54901 Agent: Daniel Ven Rooy TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Ord 24-93 Rename, Recodify, and Amend the Following Chapters and Provisions of the City of Oshkosh Municipal Code: Chapter 3 -- Currently "Advertising" to "Finance"; Chapter 5 -- Currently "Amusements" to "Special Events"; Chapter 8 -- Currently "In General" to "Permits and Licenses"; Chapter 12 -- Currently "Finance" to "Property and Purchasing"; Section 17-12 -- Currently "Advertisements on Private Property without Owner's Consent Prohibited" to "Notices, Advertisements and Bill Posting"; and Move the provisions in the current Chapter 18 to new Chapter 8 and Repeal Chapter 18 -- Currently "Licenses" B A C KGRO UN DBACKGROUND Staff has been reviewing various provisions of the Municipal Code and organizing and updating them as time permits. Currently there are provisions pertaining to Finance Department responsibilities within Chapters 8 and 12; miscellaneous permits and licensing provisions in Chapters 5, 8, and 18; and a single section with outdated language in Chapter 3 pertaining to indiscriminate bill posting. A N A L Y SI SANALYSIS Staff is proposing to reorganize and clean up several sections and chapters of the Municipal Code to improve indexing and searchability, consolidate provisions that are alike in nature, and to update certain outdated language. Clean and redlined versions of the chapters and sections with annotations explaining the proposed changes are attached. FI SC A L I M P A CTFISCAL I M P A C T The proposed ordinance changes would have no fiscal impact. REC O M M E N D A TI ONRECOMMENDATION It is recommended that the Council approve the proposed Municipal Code Amendments. A t t a chment sAttachments Ord 24-93 Clean - Chapter 03 - Finance Redline - Chapter 03 - Finance Clean Chapter 05 - Special Events Redline Chapter 05 - Special Events Clean Chapter 08 - Licenses and Permits Redline Chapter 08 - Licenses and Permits Clean Chapter 12 -Property and Purchasing Redline Chapter 12 -Property and Purchasing Clean SECTION 17-12 Redline SECTION 17-12 Redline Chapter 18 - Licenses 02/27/2024 24-93 ORDINANCE SECOND READING 2/13/2024 24-74 ORDINANCE FIRST READING PURPOSE: RENAME, RECODIFY AND AMEND THE FOLLOWING CHAPTERS AND PROVISIONS OF THE CITY OF OSHKOSH MUNICIPAL CODE: CHAPTER 3 – CURRENTLY “ADVERTISING” TO “FINANCE”; CHAPTER 5 – CURRENTLY “AMUSEMENTS” TO “SPECIAL EVENTS”; CHAPTER 8 – CURRENTLY “IN GENERAL” TO “PERMITS AND LICENSES”; CHAPTER 12 CURRENTLY “FINANCE” TO “PROPERTY AND PURCHASING”; SECTION 17-12 CURRENTLY “ADVERTISEMENTS ON PRIVATE PROPERTY WITHOUT OWNER’S CONSENT PROHIBITED” TO “NOTICES, ADVERTISEMENTS AND BILL POSTING”; AND TO MOVE THE PROVISIONS IN THE CURRENT CHAPTER 18 TO NEW CHAPTER 8 AND REPEAL CHAPTER 18 –CURRENTLY “LICENSES” INITIATED BY : CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RECODIFYING AND AMENDING THE LISTED SECTIONS AND CHAPTERS OF THE MUNICIPAL CODE TO CONSOLIDATE SIMILAR PROVISIONS AND UPDATE LANGUAGE. WHEREAS, City staff has reviewed the Municipal Code and recommend the amendment and recodification of several provisions to provide a more efficient organization of certain chapters and provisions to improve indexing and searchability. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Chapter 3 of the City of Oshkosh Municipal Code currently entitled “Advertising” is hereby repealed and recreated with the Title “Finance” to read as shown on the attachment to this Ordinance. SECTION 2. That Chapter 5 of the City of Oshkosh Municipal Code currently entitled “Amusements” is hereby repealed and recreated with the Title “Special Events” to read as shown on the attachment to this Ordinance. SECTION 3. That Chapter 8 of the City of Oshkosh Municipal Code currently entitled “In General” is hereby repealed and recreated with the Title “Finance” to read as shown on the attachment to this Ordinance. SECTION 4. That Section 17-12 of the City of Oshkosh Municipal Code currently entitled “Licenses” is hereby repealed and recreated to read as shown on the attachment to this Ordinance. SECTION 5. That Chapter 18 of the City of Oshkosh Municipal Code currently entitled “Advertising” is hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 7. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-93 RENAME, RECODIFY AND AMEND THE FOLLOWING CHAPTERS AND PROVISIONS OF THE CITY OF OSHKOSH MUNICIPAL CODE: CHAPTER 3 – CURRENTLY “ADVERTISING” TO “FINANCE”; CHAPTER 5 – CURRENTLY “AMUSEMENTS” TO “SPECIAL EVENTS”; CHAPTER 5 – CURRENTLY “AMUSEMENTS” TO “SPECIAL EVENTS”; CHAPTER 8 – CURRENTLY “IN GENERAL” TO “PERMITS AND LICENSES”; CHAPTER 12 CURRENTLY “FINANCE” TO “PROPERTY AND PURCHASING”; SECTION 17-12 CURRENTLY “ADVERTISEMENTS ON PRIVATE PROPERTY WITHOUT OWNER’S CONSENT PROHIBITED” TO “NOTICES, ADVERTISEMENTS AND BILL POSTING”; AND TO MOVE THE PROVISIONS IN THE CURRENT CHAPTER 18 TO NEW CHAPTER 8 AND REPEAL CHAPTER 18 –CURRENTLY “LICENSES” (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RECODIFYING AND AMENDING THE LISTED SECTIONS AND CHAPTERS OF THE MUNICIPAL CODE TO CONSOLIDATE SIMILAR PROVISIONS AND UPDATE LANGUAGE) on February 27, 2024. This ordinance reorganizes and cleans up several sections and chapters of the Municipal Code to improve indexing and searchability, consolidate provisions that are like in nature, and to update certain outdated language. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 1 Municipal Codes CHAPTER 3 FINANCE ARTICLE I. FISCAL REGULATIONS SECTION 3-1 FISCAL YEAR SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET SECTION 3-3 BUDGET OVERDRAFTS SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY SECTION 3-5 MUNICIPAL DISBURSEMENTS SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES ARTICLE II. ROOM TAX SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS ARTICLE III. RESERVED ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES ARTICLE I. FISCAL REGULATIONS SECTION 3-1 FISCAL YEAR The calendar year shall be the fiscal year. SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on or before the 1st day of November of each year. SECTION 3-3 BUDGET OVERDRAFTS (A) Prohibited No City officer, employee, or agent, including the members of all boards and commissions, either acting individually as officers, employees, or agents, or acting in concert as a board or commission, shall overdraw the annual budget as adopted by the Common Council for the particular department or phase of City work with which such officer, employee, agent, board or commission is charged. Such prohibition against overdrafts is intended to apply to each particular item set out in the particular budget of eac h department, or devoted to City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 2 Municipal Codes some particular phase of City work, except as otherwise allowed pursuant to the following Subsections. (B) City Manager Action Required for Overdrafts of Accounts In the event that any overdraft of any divisional budget in the annual budget is to be made the department head, board or commission officer, agent, or employee requesting the same shall present his or her request to the City Manager in writing, setting fo rth the amount requested and the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the divisional budget and if there are sufficient and available funds in the departmental budget, the City Manager may cause the necessary and appropriate transfer to be made by written executive order. (C) Council Action Required for Overdrafts of the Approved Annual Budget In the event that of an overdraft of any approved departmental budget is to be made, the department head, board or commission officer, agent, or employee requesting the overdraft shall present his or her request in writing to the City Manager, setting fort h the amount requested and the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council may then cause the necessary and appropriate transfer to be made in such amount as the Council shall determine. SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY See Section 65.10, Wisconsin Statutes. SECTION 3-5 MUNICIPAL DISBURSEMENTS (A) State Statutes Adopted All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of the Wisconsin State Statutes, except as hereafter provided. (B) Facsimile Signatures of Officials All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on all order checks drawn against a City Depository for all purposes the facsimile signatures of such persons as adopted by them and the Council. The use of such facsimile signature shall not relieve any municipal official from any liability to which he or she is otherwise subject, including the unauthorized use t hereof. Any depository shall be fully warranted and protected in making payment on any check bearing such facsimile notwithstanding that the same may have been placed thereon without the authority of the designated persons. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 3 Municipal Codes (C) Filing Vouchers Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant and the address and amount and nature of the claim shall be filed with the City Treasurer either by the claimant or by the board or commission which authorized the expenditure, who will prepare a list of the same to be filed with the City Clerk. (D) Issuance of Orders Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in accordance with said Section 66.0607. SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES Taxes, special assessments, and special charges shall be paid and collected in the City as provided in Chapter 74 of the Wisconsin Statutes, and as herein provided. (A) Full Payment Taxes and special assessments may be paid in one payment on or before five (5) working days after January 31. Special charges and other taxes must be paid in full on or before five (5) working days after January 31. (B) Installment Payments Taxpayers have the option of paying their real estate taxes and special assessments in four installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (C) Minimum Installment If the amount of either real estate taxes or special assessments is less than $100, the amount shall be paid in full on or before five (5) working days after January 31. (D) Personal Property Taxes (1) All taxpayers have the option of paying personal property taxes on improvements on leased land in four installments, each equal to 25% of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (2) Notwithstanding any other provision to the contrary, all personal property taxes not subject to paragraph (1) above shall be paid in full on or before five (5) working days after January 31. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 4 Municipal Codes (E) Interest Penalty Any payment not received on or before five (5) working days after its due date shall have added thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full. Delinquent payments shall accrue interest as of February 1. ARTICLE II. ROOM TAX SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS (A) Definitions. Except as otherwise specified, terms in this Article shall have the meaning as defined in Wisconsin Statutes Section 66.0615. (1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b) and (c) insofar as applicable. (2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code. (B) Room Tax Imposed and Distribution. Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be at the rate of ten percent (10%) of the gross receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2) of the Wisconsin Statutes. The proceeds of such tax shall be remitted monthly to the City Treasurer. (1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows: a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for long term debt obligations associated with the Oshkosh Convention Center. b. 2% of the room tax shall be used for the purpose of fulfilling the City’s obligations towards operations and maintenance of the Oshkosh Convention Center, as well as other costs incurred by the City to support tourism in the City of Oshkosh. c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau, hereby designated as a tourism entity as that term is defined in section 66.0615 Wisconsin Statutes. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 5 Municipal Codes (C) Room Tax Permit. Every person furnishing rooms or lodging under Subsection (B) shall file with the City Treasurer an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the City Treasurer and shall set forth the name under which the applicant intends to transact business, the location of the place of business, and such other information as the City Treasurer requires. The application shall be signed by the owner if a sole proprietor and, if not a sole proprietor, by a person authorized to act on behalf of such applicant. At the time of making an application, the applicant shall pay such fee as may be established by the Council by Resolution. Upon submission of a completed application, and deposit of security if required under subsection H below by the applicant, the City Treasurer shall grant and issue to the applicant a separate permit for each place of business within the City. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued. The permit shall remain valid so long as the permittee shall own and operate the permitted hotel, motel, short term rental or other lodging and only so long as permittee is in compliance with the provisions of this Article. Upon sale or other transfer of ownership of the premises or business such permit shall automatically expire. (D) Filing of Room Tax Returns. This Article shall be administered by the City Treasurer. The tax shall be payable monthly and shall be received by the City no later than the last business day of the month next succeeding the calendar month for which imposed. (1) Direct Filing. Except as provided below, a return shall be filed with the City Treasurer by persons furnishing at retail such rooms and lodging on or before the same date on which such tax is due and payable. Such return shall show the gross room receipts of the preceding calendar month from such retail furnishing of rooms or lodging, the amount of room taxes imposed for such period, and such other information as the City Treasurer deems necessary. The City Treasurer may, for good cause, extend the time of filing of any return, but in no event longer than one month from the scheduled filing date. (2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department of Revenue. If a short term rental is rented through a lodging marketplace that is registered with the State Department of Revenue, the lodging marketplace may collect the room tax as provided in Section 66.0615(5) of the City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 6 Municipal Codes Wisconsin Statutes and pay the required room tax directly to the City. The owner of the short term rental shall submit a monthly return which shall indicate which rentals have been made and that room taxes have been collected through the registered lodging marketplace. Room taxes shall be submitted for any rentals where room tax is not collected and submitted through the lodging marketplace. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, Owner shall remain responsible for any room tax payments not submitted through the Lodging Marketplace. (E) Liability for Tax on Sale or Transfer of Business. If any person liable for any amount of tax under this section sells the business or stock of goods or quits the business, such person’s successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the City Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount from the purchase price as required, that person shall become personally liable for payment of the amount required to be withheld to the extent of the price of the accommodations valued in money. (F) Records and Audits. Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the City Treasurer requires. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may, by office or field audit, determine the tax required to be paid to the City or the refund due to any person under this section. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the City Treasurer's possession. The City Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person in order to verify the tax liability of that person or another person. The permit of any person who is subject to the tax imposed by this section who fails or refuses to permit the inspection of his records by the City Treasurer after such inspection has been duly requested by the City Treasurer may be revoked as provided under paragraph (G)(6) below. (G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or Failure to File Returns. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following Remedies and Penalties shall apply to violations of this Article: City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 7 Municipal Codes (1) Failure to Obtain Permit. Any person in violation of the terms of this section by failing to obtain and/or maintain a permit, when such permit is required, shall be subject to a penalty of seventy-five dollars ($75.00) plus the costs of prosecution per day for each violation. Each room or unit separately rented or offered for rent, and each day of such rental or offer for rental of such unit, shall be a separate violation. In addition, the City may obtain an appropriate order for injunctive relief to discontinue violation of this section. (2) Delinquent Tax Returns. Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a delinquent return, the entire tax finally determined shall be subject to a penalty of 25 percent of the tax, exclusive of any interest or other penalties; or $5000 whichever is less. The City Treasurer shall determine the amount required to be paid and shall notify the person submitting the return, together with the permit holder if that is a different person, of the assessment of the penalty. (3) Failure to File Return, Failure to Pay Tax Due. If any person fails to file a return as required by this section, fails to pay the tax due upon the return or files an incomplete, incorrect or fraudulent return, the City Treasurer shall make an estimate of the amount of the gross receipts. Such estimate shall be based upon any information which is in the City Treasurer's possession or may come into his/her possession. On the basis of this estimate, the City Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum arrived at a penalty equal to 25 percent thereof or $5000 whichever is less. (4) Penalties – When Due. Any Penalty assessed by the City Treasurer under this section shall be due in full within 30 days from the date of the notice and invoice of the penalty amount. (5) Interest. All unpaid taxes or assessments under this section shall bear interest at the rate of 1 percent per month from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the City Treasurer. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. No interest shall accrue on any over-payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month from the due date of the penalty until paid. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 8 Municipal Codes (6) Suspension or Revocation of Permit. The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with respect to administrative procedure in regard to revocation or suspension proceedings under this Article. When any person fails to comply with this section, the City Treasurer may, upon 10 days notification and after affording such person the opportunity to show cause why their permit should not be revoked, revoke or suspend any or all of the permits held by such person. The City Treasurer shall give to such person a written determination regarding the suspension or revocation of any permits. The permit holder or their authorized representative may request a review of such decision by filing a request for review with City Treasurer within ten (10) calendar days of mailing of the original determination of the City Treasurer. The request shall state the basis for the request and additional information may be presented at that time. The City Treasurer shall schedule a hearing for requests for review and within 20 days of the date of hearing shall make a determination in writing which shall be mailed to the permit holder and their authorized representative, if applicable. Such determination shall be a final determination subject to judicial review as provided in Section 68.13 of the Wisconsin Statutes. The City Treasurer shall not issue a new permit after the revocation of a permit unless he/she is satisfied that the holder of the permit will comply with the provisions of this section. The fee for renewal or issuance of a permit which has been previously suspended or revoked shall be the same as for a new permit and shall be established by resolution of the Council. (H) Security may be Required. In order to protect the revenue of the City, the City Treasurer may require any person liable for the tax imposed by this section to place with the City, before or after a permit is issued, such security, not in excess of $5,000 as the City Treasurer determines. If any taxpayer fails or refuses to place such security, the City Treasurer may refuse to issue or may revoke any permit issued under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this section, the City Treasu rer may, upon 10 days notice, recover the taxes, interest and penalties from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or allowed by the City to any person for the deposit of such security. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 9 Municipal Codes (I) Confidentiality. All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on file with the City Treasurer, are deemed to be confidential, except the City Treasurer may divulge their contents to the following, and no others: (1) The person who filed the return. (2) Officers, agents, or employees of the Federal Internal Revenue Service or the State Department of Revenue. (3) Officers, employees, or agents of the City of Oshkosh as may be necessary to administer this Article and/or to enforce collection. Statistics and other information may be disclosed or published provided that the information does not disclose the identity of particular individuals or businesses. No person having an administrative duty under this section shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided in this sub-section. Any person who shall violate the provisions of this subsections shall be subject to a forfeiture not to exceed $200. (J) Separability and Conflict If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are repealed. ARTICLE III. RESERVED City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 10 Municipal Codes ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES (A) Unless otherwise specifically provided within this municipal code, licenses and permits required for the carrying on of a trade or business within the City may be granted or renewed but shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: i. the unpaid taxes, assessments or special charges were levied against the premises; and ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and ca ll and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 11 Municipal Codes for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appea l the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the ap peal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 1 Municipal Codes CHAPTER 3 ADVERTISINGFINANCE ARTICLE I. FISCAL REGULATIONS SECTION 3-1 FISCAL YEAR The calendar year shall be the fiscal year. SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on or before the 1st day of November of each year. SECTION 3-3 BUDGET OVERDRAFTS (A) Prohibited No City officer, employee, or agent, including the members of all boards and commissions, either acting individually as officers, employees, or agents, or acting in concert as a board or commission, shall overdraw the annual budget as adopted by the Common Council for the particular department or phase of City work with which such officer, employee, agent, board or commission is charged. Such prohibition against overdrafts is intended to apply to each particular item set out in the particular budget of each department, or devoted to some particular phase of City work, except as otherwise allowed pursuant to the following Subsections. (B) City Manager Action Required for Overdrafts of Accounts In the event that any overdraft of any divisional budget in the annual budget is to be made the department head, board or commission officer, agent, or employee requesting the same shall present his or her request to the City Manager in writing, setting forth the amount requested and the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the divisional budget and if there are sufficient and available funds in the departmental budget, the City Manager may cause the necessary and appropriate transfer to be made by written executive order. (C) Council Action Required for Overdrafts of the Approved Annual Budget In the event that of an overdraft of any approved departmental budget is to be made, the department head, board or commission officer, agent, or employee requesting the overdraft shall present his or her request in writing to the City Manager, setting forth the amount requested and the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council Commented [LL1]: This Article is moved from Chapter 12 with no changes. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 2 Municipal Codes may then cause the necessary and appropriate transfer to be made in such amount as the Council shall determine. SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY See Section 65.10, Wisconsin Statutes. SECTION 3-5 MUNICIPAL DISBURSEMENTS (A) State Statutes Adopted All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of the Wisconsin State Statutes, except as hereafter provided. (B) Facsimile Signatures of Officials All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on all order checks drawn against a City Depository for all purposes the facsimile signatures of such persons as adopted by them and the Council. The use of such facsimile signature shall not relieve any municipal official from any liability to which he or she is otherwise subject, including the unauthorized use thereof. Any depository shall be fully warranted and protected in making payment on any check bearing such facsimile notwithstanding that the same may have been placed thereon without the authority of the designated persons. (C) Filing Vouchers Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant and the address and amount and nature of the claim shall be filed with the City Treasurer either by the claimant or by the board or commission which authorized the expenditure, who will prepare a list of the same to be filed with the City Clerk. (D) Issuance of Orders Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in accordance with said Section 66.0607. SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES Taxes, special assessments, and special charges shall be paid and collected in the City as provided in Chapter 74 of the Wisconsin Statutes, and as herein provided. (A) Full Payment Taxes and special assessments may be paid in one payment on or before five (5) working days after January 31. Special charges and other taxes must be paid in full on or before five (5) working days after January 31. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 3 Municipal Codes (B) Installment Payments Taxpayers have the option of paying their real estate taxes and special assessments in four installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (C) Minimum Installment If the amount of either real estate taxes or special assessments is less than $100, the amount shall be paid in full on or before five (5) working days after January 31. (D) Personal Property Taxes (1) All taxpayers have the option of paying personal property taxes on improvements on leased land in four installments, each equal to 25% of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (2) Notwithstanding any other provision to the contrary, all personal property taxes not subject to paragraph (1) above shall be paid in full on or before five (5) working days after January 31. (E) Interest Penalty Any payment not received on or before five (5) working days after its due date shall have added thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full. Delinquent payments shall accrue interest as of February 1. ARTICLE II. ROOM TAX SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS (A) Definitions. Except as otherwise specified, terms in this Article shall have the meaning as defined in Wisconsin Statutes Section 66.0615. (1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b) and (c) insofar as applicable. (2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code. (B) Room Tax Imposed and Distribution. Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals and other persons furnishing Commented [LL2]: This article moved from Chapter 8 with no changes City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 4 Municipal Codes accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be at the rate of ten percent (10%) of the gross receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2) of the Wisconsin Statutes. The proceeds of such tax shall be remitted monthly to the City Treasurer. (1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows: a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for long term debt obligations associated with the Oshkosh Convention Center. b. 2% of the room tax shall be used for the purpose of fulfilling the City’s obligations towards operations and maintenance of the Oshkosh Convention Center, as well as other costs incurred by the City to support tourism in the City of Oshkosh. c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau, hereby designated as a tourism entity as that term is defined in section 66.0615 Wisconsin Statutes. (C) Room Tax Permit. Every person furnishing rooms or lodging under Subsection (B) shall file with the City Treasurer an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the City Treasurer and shall set forth the name under which the applicant intends to transact business, the location of the place of business, and such other information as the City Treasurer requires. The application shall be signed by the owner if a sole proprietor and, if not a sole proprietor, by a person authorized to act on behalf of such applicant. At the time of making an application, the applicant shall pay such fee as may be established by the Council by Resolution. Upon submission of a completed application, and deposit of security if required under subsection H below by the applicant, the City Treasurer shall grant and issue to the applicant a separate permit for each place of business within the City. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued. The permit shall remain valid so long as the permittee shall own and operate the permitted hotel, motel, short term rental or other lodging and only so long as permittee is in compliance with the provisions of this Article. Upon sale or other transfer of ownership of the premises or business such permit shall automatically expire. (D) Filing of Room Tax Returns. This Article shall be administered by the City Treasurer. The tax shall be payable monthly and shall be received by the City no later than the last business day of the month next succeeding the calendar month for which imposed. (1) Direct Filing. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 5 Municipal Codes Except as provided below, a return shall be filed with the City Treasurer by persons furnishing at retail such rooms and lodging on or before the same date on which such tax is due and payable. Such return shall show the gross room receipts of the preceding calendar month from such retail furnishing of rooms or lodging, the amount of room taxes imposed for such period, and such other information as the City Treasurer deems necessary. The City Treasurer may, for good cause, extend the time of filing of any return, but in no event longer than one month from the scheduled filing date. (2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department of Revenue. If a short term rental is rented through a lodging marketplace that is registered with the State Department of Revenue, the lodging marketplace may collect the room tax as provided in Section 66.0615(5) of the Wisconsin Statutes and pay the required room tax directly to the City. The owner of the short term rental shall submit a monthly return which shall indicate which rentals have been made and that room taxes have been collected through the registered lodging marketplace. Room taxes shall be submitted for any rentals where room tax is not collected and submitted through the lodging marketplace. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, Owner shall remain responsible for any room tax payments not submitted through the Lodging Marketplace. (E) Liability for Tax on Sale or Transfer of Business. If any person liable for any amount of tax under this section sells the business or stock of goods or quits the business, such person’s successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the City Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount from the purchase price as required, that person shall become personally liable for payment of the amount required to be withheld to the extent of the price of the accommodations valued in money. (F) Records and Audits. Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the City Treasurer requires. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may, by office or field audit, determine the tax required to be paid to the City or the refund due to any person under this section. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the City Treasurer's possession. The City Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person in order to verify the tax liability of that person or another person. The permit of any person who is subject to the tax imposed by this section who fails or refuses to City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 6 Municipal Codes permit the inspection of his records by the City Treasurer after such inspection has been duly requested by the City Treasurer may be revoked as provided under paragraph (G)(6) below. (G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or Failure to File Returns. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following Remedies and Penalties shall apply to violations of this Article: (1) Failure to Obtain Permit. Any person in violation of the terms of this section by failing to obtain and/or maintain a permit, when such permit is required, shall be subject to a penalty of seventy-five dollars ($75.00) plus the costs of prosecution per day for each violation. Each room or unit separately rented or offered for rent, and each day of such rental or offer for rental of such unit, shall be a separate violation. In addition, the City may obtain an appropriate order for injunctive relief to discontinue violation of this section. (2) Delinquent Tax Returns. Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a delinquent return, the entire tax finally determined shall be subject to a penalty of 25 percent of the tax, exclusive of any interest or other penalties; or $5000 whichever is less. The City Treasurer shall determine the amount required to be paid and shall notify the person submitting the return, together with the permit holder if that is a different person, of the assessment of the penalty. (3) Failure to File Return, Failure to Pay Tax Due. If any person fails to file a return as required by this section, fails to pay the tax due upon the return or files an incomplete, incorrect or fraudulent return, the City Treasurer shall make an estimate of the amount of the gross receipts. Such estimate shall be based upon any information which is in the City Treasurer's possession or may come into his/her possession. On the basis of this estimate, the City Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum arrived at a penalty equal to 25 percent thereof or $5000 whichever is less. (4) Penalties – When Due. Any Penalty assessed by the City Treasurer under this section shall be due in full within 30 days from the date of the notice and invoice of the penalty amount. (5) Interest. All unpaid taxes or assessments under this section shall bear interest at the rate of 1 percent per month from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the City Treasurer. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. No interest shall accrue on any over- City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 7 Municipal Codes payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month from the due date of the penalty until paid. (6) Suspension or Revocation of Permit. The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with respect to administrative procedure in regard to revocation or suspension proceedings under this Article. When any person fails to comply with this section, the City Treasurer may, upon 10 days notification and after affording such person the opportunity to show cause why their permit should not be revoked, revoke or suspend any or all of the permits held by such person. The City Treasurer shall give to such person a written determination regarding the suspension or revocation of any permits. The permit holder or their authorized representative may request a review of such decision by filing a request for review with City Treasurer within ten (10) calendar days of mailing of the original determination of the City Treasurer. The request shall state the basis for the request and additional information may be presented at that time. The City Treasurer shall schedule a hearing for requests for review and within 20 days of the date of hearing shall make a determination in writing which shall be mailed to the permit holder and their authorized representative, if applicable. Such determination shall be a final determination subject to judicial review as provided in Section 68.13 of the Wisconsin Statutes. The City Treasurer shall not issue a new permit after the revocation of a permit unless he/she is satisfied that the holder of the permit will comply with the provisions of this section. The fee for renewal or issuance of a permit which has been previously suspended or revoked shall be the same as for a new permit and shall be established by resolution of the Council. (H) Security may be Required. In order to protect the revenue of the City, the City Treasurer may require any person liable for the tax imposed by this section to place with the City, before or after a permit is issued, such security, not in excess of $5,000 as the City Treasurer determines. If any taxpayer fails or refuses to place such security, the City Treasurer may refuse to issue or may revoke any permit issued under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this section, the City Treasurer may, upon 10 days notice, recover the taxes, interest and penalties from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or allowed by the City to any person for the deposit of such security. (I) Confidentiality. All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on file with the City Treasurer, are deemed to be confidential, except the City Treasurer may divulge their contents to the following, and no others: (1) The person who filed the return. City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 8 Municipal Codes (2) Officers, agents, or employees of the Federal Internal Revenue Service or the State Department of Revenue. (3) Officers, employees, or agents of the City of Oshkosh as may be necessary to administer this Article and/or to enforce collection. Statistics and other information may be disclosed or published provided that the information does not disclose the identity of particular individuals or businesses. No person having an administrative duty under this section shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided in this sub-section. Any person who shall violate the provisions of this subsections shall be subject to a forfeiture not to exceed $200. (J) Separability and Conflict If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are repealed. ARTICLE III. RESERVED ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES (A) Unless otherwise specifically provided within this municipal code, licenses and permits required for the carrying on of a trade or business within the City may be granted or renewed but shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: i. the unpaid taxes, assessments or special charges were levied against the premises; and Commented [LL3]: This Article moved from Chapter 8 with no changes City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 9 Municipal Codes ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 10 Municipal Codes legal relief as may be available. ARTICLE I. BILL POSTING, BILLBOARDS AND CIRCULARS Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Nuisance Indiscriminate Bill Posting ARTICLE II. PENALTIES Penalties City of Oshkosh Municipal Codes Revised 12/31/01 City of Oshkosh Chapter 3 - Page 11 Municipal Codes ARTICLE I. BILL POSTING, BILLBOARDS AND CIRCULARS SECTION 3-1 RESERVED SECTION 3-2 RESERVED SECTION 3-3 RESERVED SECTION 3-4 RESERVED SECTION 3-5 RESERVED SECTION 3-6 RESERVED SECTION 3-7 RESERVED SECTION 3-8 RESERVED SECTION 3-9 RESERVED SECTION 3-10 NUISANCE Every billboard, signboard, illuminated sign or other contrivance for outdoor advertising erected or maintained contrary to the provisions of this section shall be deemed a nuisance and may be abated by the Board of Public Works. SECTION 3-11 INDISCRIMINATE BILL POSTING No person shall post or paint an advertisement upon any private wall, door, gate, tree or fence without the consent of the owner thereof, and no person shall post or paint any notice or advertisement upon any curb stone, flagging, gutter stone, sidewalk, pavement, lamp post, hitching post, telephone or other posts for carrying wires, fire plugs or hydrants or upon any public building or other structure except as expressly authorized by law, nor upon any fence, building or structure of any kind in any of the public parks. ARTICLE II. PENALTIES SECTION 3-12 PENALTIES Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall, upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. (03/l8/82) Commented [LL4]: This section is outdated; signage is regulated through Chapter 30 Commented [LL5]: Updated language and moved to Section 17-12 City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 1 Municipal Codes CHAPTER 5 SPECIAL EVENTS ARTICLE I. SPECIAL EVENTS SECTION 5-1 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES ARTICLE I. SPECIAL EVENTS SECTION 5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES I. PURPOSE: The City of Oshkosh recognizes that Special Events organized by individuals, private organizations, and non-profits serve an important role in enhancing the city’s quality of life and can provide benefits to the community as a whole. In an effort to treat all persons and groups uniformly, to facilitate the successful staging of these special events, and to be mindful of the efficient use of available facilities and resources, the City will commit staff time and facilities to review applications to hold spe cial events and assist the organizers as needed to ensure that special events have an overall positive effect upon the community and its resources. The City will review Special Event applications for the purpose of assisting the event organizer in complying with various applicable public safety requirements, as well as be involved during the special event as needed to protect the safety and welfare of the public, and resources owned by the public. During the City’s review and oversight in this process, the City will address traffic and parking issues, health and safety issues related to the participants and the public, effects upon neighboring properties, fire potential, explosions, disorder and other dangers to persons or property, preservation of peace and order, sanitation, and the overall safeguarding of the public. The City will also consider the potential diversion of public safety, emergency, and other services from their regular and necessary duties, and the additional costs of providing public services necessary to protect the public health, safety, and welfare associated with special events. The City also recognizes that Marches and Public Assemblies held for the purpose of conveying messages protected by the Constitution play an important role in enhancing the public life of citizens as well as the interrelationship between citizens and their government. To that end, the City will similarly review requests to hold Marches and Public Assemblies in the context of the safety and welfare of the community and the availability of resources, but will do so in an expedited and abbreviated manner to ensure that those wishing to hold and/or participate in such events may do so without unreasonable delays or restrictions. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 2 Municipal Codes II. DEFINITIONS: A. “Special Event” means a temporary gathering of people on public or private property and involving at least one of the circumstances listed below. The City Manager, or their designee, shall have the exclusive authority to determine whether or not an event meets the definition of “Special Event.” 1. Exclusive use of all or part of waterways, or City or County-owned facilities, within the City boundaries such as buildings, parks, open spaces, streets, parking lots, athletic fields, etc., but does not include normal park shelter rentals; 2. Will involve the closing of a public street, alley, or public right of way; including block parties 3. Over 250 people at any one time attending the event on private property, except those situations meeting the definition of a “public assembly;” 4. Temporary installation or construction of structures, including but not limited to tents; 5. City ordinances and rules require public safety support by City employees; 6. Will require Extraordinary Services by any City Department; 7. Hours of the event extend beyond those otherwise adopted in City ordinances; or, 8. Alcohol, beverages, food, and/or merchandise will be offered. Examples of Special Events included but are not limited to activities such as running/jogging/walking events; boat, bicycle, running or road races and other forms of competition and athletic events; music, theater, film performances or concerts; water ski demonstrations, air shows, carnivals, equipment shows, cultural events such as art fairs, antique shows, religious services, classes, meetings, parties, and other gatherings meeting the above criteria. A Special Event is not intended to include events such as a family gathering; nonprofit organization, business, or company picnic; or other similar events unless other criteria listed above apply. B. “City property” includes all municipal buildings, parks, beaches, athletic fields and complexes, streets and other rights of way, parking lots, boating and docking facilities, and any other property owned, leased or controlled by the City of Oshkosh. C. “Extraordinary Services” means reasonable and necessary services provided by the City which specifically result from the Special Event. Extraordinary services result in measurable financial costs which are above and beyond the normal levels of public health and safety services on a non- event day. Extraordinary services will normally be those services requiring city employees to be specifically assigned to tasks in support of the Special Event and/or those services resulting in City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 3 Municipal Codes overtime pay or similar costs which result from the event. Examples of extraordinary services may include police protection, traffic control, fire monitoring, dedicated paramedic services, parks services, and other services necessary to ensure the protection of participants and citizens, the proper functioning of City services, and the proper administration of this Ordinance and policy. The City departments will make reasonable efforts to adjust the schedules of employees to minimize the requirement for overtime pay or other costs for Extraordinary Services where sufficient advanced notice of the event is provided. D. “Block Party” means a temporary gathering of residents from one neighborhood, usually under 100 persons, which requires a street closure of three blocks or less, minimally impacting normal traffic patterns. E. “March” means a group of persons, of any number, moving from one place to another on a public way or public place, which requires a street closing or otherwise requires police officers to stop, reroute or alter the normal flow of vehicular or pedestrian traffic because marchers are unlikely to comply with traffic regulations and controls. A march is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a March will be reviewed as a Special Event. F. “Public Assembly” means an organized public gathering or group of persons, of any number, which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic upon a public way or the normal use of a public place because those assembled will not comply with the traffic regulations or controls, or with other public place use laws or policies, and will be located in one place, but does not meet the definition of a march. A public assembly is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a Public Assembly will be reviewed as a Special Event. G. “Organizer” means any person, persons, or entity that arranges, plans, coordinates or takes other substantive actions to gather persons for a Special Event, March or Public Assembly. The determination of whether someone is an Organizer shall be based upon common understanding and definitions of the words “organize”, “organizer”, “arrange”, “plan” and “coordinate” with the ultimate determination based upon the totality of the circumstances after considering all relevant factors, including but not limited to, the following: 1. Whether the person, persons or entity establishes or takes substantive actions to establish the date for such Special Event, March or Public Assembly. 2. Whether the person, persons or entity arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the activities associated with the Special Event, March or Public Assembly. 3. Whether the person, persons or entity arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the activities of persons to assist with the operation of the Special Event, March or Public Assembly. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 4 Municipal Codes 4. Whether the person, persons or entity erects or arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the erection of temporary structures, placement of barricades or cones, signs, or other structures or objects to facilitate the Special Event, March or Public Assembly. 5. Whether the person, persons or entity advertises and promotes the Special Event, March or Public Assembly by means of traditional advertisements, banners, flyers, web-based promotion, social media or other means. 6. Whether the person, persons or entity creates or causes another to create original content related to the advertisement or promotion of the Special Event, March or Public Assembly. 7. Whether the person, persons or entity pays any costs or expenses for the purpose of the Special Event, March or Public Assembly. 8. Whether the person, persons or entity receives revenue from the Special Event, March or Public Assembly, directly or indirectly, by admissions, concessions, and sales of other products or services. Organizer does not include persons or entities which solely advertise or promote a Special Event, March, or Public Assembly as part of a contract or agreement for advertising services, such as a newspaper who accepts advertisement for an event, a convention and visitors bureau, tourism bureau or persons who merely pass along information pertaining to a Special Event, March, or Public Assembly through word of mouth, social media or otherwise. Organizer does not include persons or entities that provide sponsorship through the provision of money, goods or services, whether in exchange for advertising or not, for a Special Event, March or Public Assembly with a separately identified Organizer. The City Manager, or their designee, shall have the exclusive authority to determine whether or not a person, persons or entity meets the definition of an “Organizer” under this ordinance. III. PERMIT REQUIRED: No person or entity acting as an event organizer shall set up for, hold, or conduct a Special Event, March, or Public Assembly within the municipal boundaries of the City of Oshkosh without first obtaining a Special Event, March, or Public Assembly permit. Due to the nature of March and Public Assembly events, their review process will differ in some ways from Special Events as noted throughout this Ordinance. Any differences in the requirements that apply to Special Events, or Marches and Assemblies will be as noted herein. The City Manager, or their designee, shall have the exclusive authority to determine whether or not a permit is required for any particular event. The City’s review of any permit application and/or its subsequent issuance of a permit shall not be construed as acceptance by the City or its representatives of any liability or responsibility for any injury or damage relating to the Special Event, March and Special Assembly. Special Event, March, and Public Assembly permits are temporary in nature, and do not vest any permanent rights. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 5 Municipal Codes Not all Special Events will require a Special Event permit. If an event meets the definition of “Special Event,” then a Special Event permit is required except for the following situations: A. Events wholly contained on public or private property: 1. Specifically designed or suited for the Special Event, March, or Public Assembly; and 2. Which has an appropriate physical area for fire protection purposes, as well as appropriate sanitation facilities and street and/or highway access; and, 3. Which result in no greater use of public facilities and services than on normal, non-event days. The provision of legal parking spaces is not included in the determination of whether or not an event is “wholly contained” on public or private property. B. Funeral processions. C. Events organized solely by the City. In these instances, notices shall be given to all affected departments so that they may determine their level of sponsorship. Events in which the City participates as one of the organizers are not exempt from the requirement of obtaining permits. D. Recurring events which enter into a separate and specific agreement, which is approved by the Common Council, to hold the event pursuant to the terms of the individual agreement. The Council is authorized to modify the terms or requirements of this Ordinance within such an agreement, provided the modifications meet the spirit if not the letter of this Ordinance. E. Events on property otherwise exempt from City of Oshkosh permitting requirements, such as events wholly contained on property owned by the State of Wisconsin that do not require extraordinary services. IV. PERMIT REQUIREMENTS: A. Special Events 1. Completed written applications for a Special Event permit along with the application fee shall be filed with the City Special Events Coordinator. Applications shall be on the form approved by the City and signed by the person or authorized representative(s) of the entity organizing the Special Event. In lieu of the application fee, the event organizer may submit with its application a request that the fee be waived and provide in detail the reasons of financial hardship and any other reasons for such request. The application and application fee may be filed as early as desired by the applicant, but shall be filed no more than one (1) year before, and no less than 60 days prior to the event. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 6 Municipal Codes 2. Special Events must comply with all applicable City ordinances and requirements, including but not limited to traffic rules, park rules, state health laws, fire codes, building codes, zoning, food service, merchant, and liquor licensing requirements. Special Event organizers shall use all reasonable efforts to ensure compliance of participants/ attendees with all applicable City ordinances, traffic rules, park rules, state health laws, fire codes, and other licensing requirements, unless otherwise waived herein. 3. The applicant shall identify a designated individual who can be contacted at any time by any person regarding the event, including City representatives such as the Special Events Coordinator, Police, Fire, Inspections Services, Parks, Public Works, Transportation, or Legal departments to provide information or answer questions, or to whom City representatives may refer questions and comments from the public or others. 4. The following City departments will be provided with copies of the Special Event permit application for their review and comment: City Manager, Special Events Coordinator, Police, Fire, Inspection Services, Public Works, Parks, Transportation, and Legal. Additional City officials may need to review the application as may be warranted by the specific circumstances of the event. In addition, a copy of the Special Event permit application will be provided to the Winnebago County Health Department for their review. The Special Events Coordinator and City departments shall notify the City Manager that they recommend the approval or denial of the Special Event permit as requested, approval of the permit contingent upon changes or modifications of the original request, or take no position on the application. At the time each City department comments upon an application, they shall also provide the City Manager with their best estimate of the cost of extraordinary services which may be necessary for the event. 5. The approval of any Special Event permit application shall always be conditioned upon the approval of all other necessary permits, licenses, and inspections by City departments, in addition to Common Council approval of the Special Event permit. 6. Special Event permits shall not be transferred or assigned without approval of the Common Council. Special Event permits are automatically revoked at the time of transfer or assignment without prior approval of the Council. B. March and Public Assembly Permits It shall be the policy of the City of Oshkosh to review permit applications for Marches and Public Assemblies solely on the basis of their effect on the Health, Safety, and Welfare of the community. The City does not discriminate against any particular group or type of speech expected to be present when reviewing and acting upon any March and/or Public Assembly permit application. 1. Completed written applications for any March or Public Assembly permit along with the application fee shall be filed with the Special Events Coordinator a minimum of five (5) business days prior to the proposed March or Public Assembly. Applications shall be on the form approved by the City and signed by the person or authorized representative of the entity City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 7 Municipal Codes organizing the March or Public Assembly. In lieu of the application fee, the event organizer may submit with the application form a request that the fee be waived and provide in detail the reasons for financial hardship and any other reasons for such request. 2. The Chief of Police, or designee within the Police Department, shall have the authority to take all necessary action regarding the March or Public Assembly permit application, including the approval or denial of the application. Applications shall be reviewed and approved as submitted, denied as submitted, approved with conditions, or tentatively approved within two (2) business days after the application is submitted. 3. Tentative City approval may be given within the response period for circumstances which involve property or right of way controlled by other persons or governmental entities, such as circumstances involving right of way or property controlled by the State of Wisconsin. 4. During the review of the application, the Chief of Police may consult with all persons reasonably necessary and available for such consultation, including the event organizers and all other persons, entities, agencies, and governmental officials deemed necessary by the Chief in order to make an informed decision regarding the application’s effect upon the health, safety, and welfare of the community. 5. March and Public Assembly permit applications shall be reviewed for their effect upon traffic control, public safety, as well as other considerations affecting the public health, safety and welfare including the date, time, location and/or route, police an d fire protection necessary, and sanitation provisions required. The application review will also include analysis of the organizer’s plans to reasonably ensure that participants/attendees will also comply with all applicable laws. 6. The City’s decision related to March and Public Assembly permit applications shall include a requirement that the application fee be paid or that the fee is waived, a requirement that the costs for Extraordinary Services be paid by the organizer(s) or that the costs are waived, and a requirement that any other condition(s) allowed by law and which are necessary to ensure the health, safety, and welfare of the community shall be incorporated into the terms of any approved permit. 7. In those circumstances in which it is determined that costs for Extraordinary Services shall be paid by the organizer(s), the Chief of Police shall have the authority to require that some or all of the estimated costs for such services be paid to the City in advance or deposited in an approved escrow account for the purpose of paying for such costs, or to require that another form of security be submitted by the organizer(s) for the purpose of paying for such costs. 8. Before any March or Public Assembly permit is denied in whole or in part, the Chief of Police shall make all reasonable efforts to discuss with the applicant the proposed event and its effect upon the public safety, and shall provide or suggest to the applicant reasonable alternative dates, times, locations, or other terms, conditions, and parameters of the March or Public City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 8 Municipal Codes Assembly, to the extent that any such alternatives, terms, or conditions may be reasonably carried out while protecting the public’s health, safety, and welfare. 9. Any applicant seeking to appeal the decision of the Chief of Police shall make such appeal, in writing, to the City Manager, or designee. The City Manager, or designee, shall meet with the Chief of Police and the applicant within three (3) business days after receiving an appeal. Legal counsel and other persons with relevant factual information may participate in this appeal meeting. The City Manager, or designee, shall provide the parties with an oral decision at the conclusion of the meeting. A written decision may be requested by either the applicant or the Chief of Police, and shall be made available by the City Manager as soon as practicable. 10. An applicant may appeal the decision of the City Manager, or designee, to the Common Council by filing a notice of appeal with the City Clerk. The Clerk shall place this issue on the agenda for the next regularly scheduled Council meeting in which legally required notice may be provided to the public. 11. The Council may affirm, reverse, or modify the determination of the City Manager, or designee, at the conclusion of the agenda item and after all interested persons have had an opportunity to be heard at the noticed public meeting. 12. Any applicant aggrieved by the decision of the Common Council may seek such other legal relief as may be available. V. REGULATIONS Special Event permit applications shall address the following issues and attach additional supporting material if necessary. A summary of required information follows, and more specific requirements can be obtained from City departments when planning the event and seeking City approval. A. Duration and hours of Operation: The Special Event application shall specify the specific days upon which the event shall occur or, in the case of seasonal or recurring events, the days within the season or period within the calendar year upon which the event will occur. No Special Event shall be open to the public except between the hours of 8:00 a.m. and 11:00 p.m., unless such other hours of operation are specifically approved by the Council. The permit application shall also specify the hours during which pre-event and post-event takedown operations will occur, and no such pre-event and post-event activities may be conducted other than as specified. B. Maximum Attendance: A Special Event permit application shall specify the maximum daily peak number of people reasonably expected to attend. C. Parking: A Special Event permit application shall include a plan identifying areas that may be reasonably expected to be utilized by event participants for off-street and on-street parking. The applicant shall take all reasonable precautions to minimize adverse effects on the neighborhoods that will be directly affected by parking and traffic related to the event. The police department City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 9 Municipal Codes shall post temporary parking-related regulations on public streets for the Special Event only if it is determined to be necessary by the Police Chief for public safety or as may be directed by the Common Council within a permit approval process. D. Sanitary facilities and Potable Water: All sanitary facilities and potable water facilities shall be provided for as required in the applicable codes. E. Illumination: If the Special Event is to continue during hours of darkness, it shall comply with all applicable codes related to illumination. F. Security: The Special Event applicant shall work with the Oshkosh Police Department to ensure that appropriate security and safety is provided for the event. The Police Department may be required, at its discretion, to be directly involved in the Special Event, with the costs of any Extraordinary Services to be borne by the Special Event applicant if required by the Common Council. G. Fire Dept. Protection: All fire protection applicable to the Special Event activities on the premises, shall be provided by the applicant as required by the municipal Fire Prevention Code and the Wisconsin Administrative Code, including alarms, extinguishing devices, fire lanes, and fire escapes. H. Compliance with other Code Provisions: No Special Event shall be held unless all necessary municipal permits, licenses, and approvals applicable to the activities to be held during the Special Event have been issued. I. Refuse Removal: The Special Event sponsor shall be responsible for taking all reasonable efforts to pick up litter and refuse during the event, and for removing all litter and refuse created during the event within twenty-four (24) hours after the conclusion of the event. The event organizer is responsible not only for the event grounds, but will also take all reasonable measures for the removal of litter and refuse attributable to the event from the surrounding neighborhoods and properties. J. Notification: The Special Event organizer may be required by the City to provide reasonable advance notice to residents and/or businesses, or to neighborhoods if individual notice is impractical, who may be expected to experience a substantial traffic and/or noise impact from the event. K. Barricades: Barricades shall be required for street closures or pursuant to a security plan. Barricades may be available for rent from the City or from private companies with the costs of any Extraordinary Services to be borne by the Special Event applicant. All barricades used for the Special Event shall meet the standards as set forth in the Manual on Uniform Traffic Control Devices (MUTCD), unless they are manned barricades. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 10 Municipal Codes VI. APPLICATION REVIEW: A. Applications for Special Event permits shall be processed in the order of their receipt. Persons or groups holding an approved Special Event may reserve dates for the event to be held the following year provided they submit to the City Special Events Coordinator notification of their intent to hold the event, the date(s) on which the event is expected to be held, and the application fee within sixty (60) days after the end of the Special Event. This notice and fee will reserve the dates identified until the formal application is submitted, or the notice of intent is withdrawn, and will have priority over any other applications received. Dates will not be reserved if an application also includes a request to waive the application fee. Unless the City receives a notification of intent to hold an event as described above, the use of City property and allocation of City resources shall be based upon the applications as they are received without regard to events that may have been held in previous years. Recurring events with separate agreements approved by the Council will have priority over the above reservations for the reservation of dates and the allocation of City services. B. Upon receiving an application for a Special Events permit, the City Manager may schedule a meeting or meetings involving the applicant, any of the affected City departments, the public, and/or other interested persons or officials. Meetings will be scheduled at the discretion of the City Manager based upon the circumstances of the Special Event. The purpose of the meeting will be to discuss the Special Event and its potential impacts, the City services requested, and the City services which may be required. Such a meeting will be held as soon as practical after the application has been submitted. C. As soon as practical after the Special Event permit application is submitted, the City Manager shall provide a recommendation to the Common Council regarding the Special Event permit application. Potential recommendations may include: (1) the permit be issued as requested and without conditions; (2) the permit be denied; or, (3) the permit be approved subject to certain conditions deemed reasonable and necessary by the City Manager. The City Manager may also recommend to the Council that the permit fee be waived, that the costs for Extraordinary Services anticipated by the City to be necessary should be recouped from the event sponsor(s) or that the costs for Extraordinary Services provided should be waived. The Common Council shall approve or deny Special Event permit applications, place conditions upon any permit, require that the permit fee be paid or waived, and require that some or all of the costs incurred by the City for providing Extraordinary Services be reimbursed or that such costs will be waived. D. To the extent permitted by law, the Common Council may deny an application for a permit if the applicant has on prior occasions made material misrepresentations regarding the nature or scope of any event or activity previously permitted, has held prior special events without proper permitting or licensing, or has violated the terms of a prior permit issued to or on behalf of the applicant. Additionally, a prior experience of the applicant in holding any event, or in holding the Special Event which is the subject of the application, will be considered and may impact the issuance of Special Event permits. A permit may be denied, or conditions placed thereon, based upon considerations of the health, safety, and welfare of the community, and of the anticipated City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 11 Municipal Codes costs of holding such event. Additionally, the Common Council may base their decision on one or more of the following grounds: 1. The application is not fully completed and/or fails to include necessary attachments; 2. The applicant asserts that they cannot or will not pay the application fee* and the Council determines that such fee should not be waived; 3. The applicant asserts that they cannot or will not pay the cost for Extraordinary Services and the Council determines that such costs should not be waived. 4. The application for permit contains a material falsehood or misrepresentation; 5. The applicant is not legally competent to sign a contract, or to be held responsible for its actions; 6. The applicant has, on prior occasions, been required to pay for Extraordinary Expenses or damages to City property and has not paid in full for such expenses or damages; 7. A Special Event permit application for the same time and place, or utilizing extraordinary City resources, has previously been received, and a permit for such previous application has been or will be granted which will authorize uses or activities which does not reasonably permit the multiple occupancy of City facilities or would result in a utilization of City resources which would adversely affect the health, safety, and welfare of the community; 8. The Special Event use or activities intended by the applicant would conflict with previously planned events and programs which have been organized by others either through the use of City facilities or the unavailability of sufficient City resources for the proposed event; 9. The intended Special Event use or activity would present a grave or unreasonable danger to the health or safety of the persons expected to participate in the event, the neighborhood in which the event will occur, the community as a whole, or City property and resources required to be involved with the proposed event; 10. The number of persons expected to participate in the Special Event would result in a concentration of persons, vehicles, or things which cannot be supported at the requested time or location due to a lack of sufficient open area, streets, offsite parking, or traffic controls. 11. Activities reasonably expected to occur at the intended Special Event are prohibited by law. 12. The City’s anticipated costs associated with the event including, but not limited to, extraordinary expenses, exceed the anticipated benefit of the event to the community. Council may consider all relevant information in making this determination including, but City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 12 Municipal Codes not limited to, those criteria identified in Sub-section VI. D. of this Section. 13. It is reasonably anticipated that the Special Event use or activities intended by the applicant will materially interfere with individuals or the general community’s use of public property or public rights-of-way in such a manner or for a length of time to exceed the anticipated benefit of the event to the community. Council may consider all relevant information in making this determination including, but not limited to, those criteria identified in Sub- section VI. D. of this Section. E. Amendment or Revisions of Applications. Any amendment or revision of any permit application shall, for purposes of determining the priority of the application, relate back to the original filing thereof unless the original filing is unreasonably incomplete or lacking sufficient information to allow for an adequate review of the proposed event. F. Mapped Routes and Alterations of Mapped Routes. Routes for Special Events such as parades must be submitted with the permit application. Proposed Routes may be altered at the discretion of the City in the interests of the health, safety, and welfare of the community. Any deviation from the approved route without approval of the City will constitute a violation of the permit conditions and of these requirements. Additionally, unapproved changes may result in the denial of future Special Event permit applications. VII. FEES AND REIMBURSEMENT SCHEDULE A non-refundable application fee is required for all Special Event, March, and Public Assembly permit applications. Permit applications may include a request to waive the application fee. However, permits shall not be issued unless the fee is paid or it is specifically waived by the Council. The permit application fees identified herein are separate from other specific fees or licenses required, and separate from any requirement to reimburse the City for the actual cost of any Extraordinary Services required for the permitted event, or for damage or destruction resulting from the event. A. Permit Fees: 1. Special Event, March, and Public Assembly Permits (non-refundable) a. Single day event $25.00 b. Multiple day event (consecutive or recurring) $35.00 2. All other required charges and/or fees, including but not limited to facility rental, food and beverage sale permits, temporary structure fees, and equipment rental fees, etc., must be paid in addition to the permit application fee. Submittal of a permit application does not reserve a park or any other City facility, property, or services necessary for the event. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 13 Municipal Codes 3. Applicants for Special Events, March, or Public Assembly permits may include in their initial submission a request that the permit administrative fee be waived due to substantial financial hardship. 4. Application fees shall be effective for Special Events, Marches and Public Assemblies occurring on and after January 1, 2017. B. Extraordinary Services Charges The Common Council shall approve by Resolution each year a list of standard fees and charges which will be used to determine the amount of charges attributed to Extraordinary Services provided to Special Events by the City. The Resolution may provide for standard hourly charges or flat fee charges for services provided, and may specify tasks that may or may not be subject to Extraordinary Service charges. C. Extraordinary Services Reimbursement: 1. Special Events a. For those Special Events in which costs for Extraordinary Services are not waived by the Common Council, event organizers shall be liable for and shall pay to the City the actual cost of all Extraordinary Services provided by the City. If the Special Event has more than one person or entity organizer, then each of the organizers are liable to the City for the total amount due, regardless of how the multiple organizers may separately agree to divide these expenses. If the City is a co-organizer of a Special Event, the cost of the Extraordinary Services the City is responsible for will be based upon the level of City involvement, and that amount shall be deducted from the total cost for the Extraordinary Services provided by the City. The costs for Extraordinary Services charged to event organizers shall not exceed the actual costs of providing these services. This fee shall be paid to the City within thirty (30) days of the date an itemized invoice for the same is prepared and mailed by the City at the conclusion of the Special Event. b. Prior to any approval of a Special Event permit, the Special Events Coordinator, Police and Fire Departments, along with all other departments potentially affected by the proposed Special Event, shall review the application and report to the City Manager their respective findings as to an estimate of the costs reasonably expected to be incurred by the City for providing Extraordinary Services at or for the Special Event. The application shall be required to provide enough detail to allow the City departments and to determine the level of Extraordinary Services required and their associated costs for the Special Event. The estimates provided by City departments shall provide enough detail to allow the event organizer to reasonably understand the Extraordinary Services that are expected to be necessary. c. After reviewing the findings of the City departments, the City Manager may recommend to the Common Council that conditions relating to advance payment or reimbursement City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 14 Municipal Codes of the costs for Extraordinary Services be placed upon the Special Event permit if approved. Alternatively, the City Manager may recommend that payment or reimbursement of some or all of the costs for Extraordinary Services to be provided be waived. d. The Common Council shall address the issue of Extraordinary Services before or at the time it takes action on a Special Event permit application. The Council may address the issue of Extraordinary Services through one or more of the following actions: i. The Council may require that event organizers pay all actual costs for Extraordinary Services provided by the City for the event, with the total costs incurred to be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. ii. The Council may require the event organizer(s) pay less than the actual costs for Extraordinary Services provided by the City in an amount to be determined by the Council depending upon the unique circumstances of the event, with the remaining actual costs to be waived. Any amounts required to be paid shall be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. iii. The Council may waive all costs for Extraordinary Services provided by the City for the event. iv. In the event that the Council requires that the event organizer(s) pay some or all of the costs for Extraordinary Services provided by the City for the event, then the Council may require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the Extraordinary Services which may be incurred. The Special Events permit shall not be issued until the event organizer(s) have complied with any requirements for security. v. Security for the estimated costs of Extraordinary Services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City. vi. If the actual costs for Extraordinary Services exceeds the security provided and has not otherwise been waived by the Council, then the difference shall be billed to and paid by the event organizer(s). If the actual costs for Extraordinary Services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event organizer(s) within a reasonable time after the event concludes. Any other security instrument must be either used or released by the City within a reasonable time after the conclusion of the event City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 15 Municipal Codes 2. Marches and Public Assemblies The City, through the Chief of Police, shall address the issue of costs for Extraordinary Services before or at the time final action is taken on a March and Public Assembly permit application. Extraordinary Services will generally consist of vehicular and pedestrian traffic control and of efforts to ensure the safety of persons and property in crowded and/or potentially volatile situations. a. The City may require that event organizers pay all costs for Extraordinary Services provided by the City for the event, with the total costs incurred to be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. b. The City may require the event organizer(s) pay less than the costs for Extraordinary Services provided by the City in an amount to be determined by the Chief of Police depending upon the unique circumstances of the event, with the remaining actual costs to be waived. Any amounts required to be paid shall be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. c. The City may waive all costs for Extraordinary Services provided for the event. d. In the event that the City requires that the event organizer(s) pay some or all of the costs for Extraordinary Services provided by the City for the event, then the City may require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the Extraordinary Services which may be incurred. The Special Events permit shall not be issued until the event organizer(s) have complied with any requirements for security. e. Security for the estimated costs of Extraordinary Services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City. f. If the actual costs for Extraordinary Services provided exceed the security and has not been waived by the Chief of Police, then the difference shall be billed to and paid by the event organizer(s). If the actual costs for Extraordinary Services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event organizer(s) within a reasonable time after the event concludes. Any other security instrument must be either used or released by the City within a reasonable time after the conclusion of the event. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 16 Municipal Codes D. Considerations for Reviewing Application Fees* and/or Extraordinary Costs The Common Council will review applications for waivers of application fees, as well as recommendations from the City Manager relating to the assessment or waiver of City costs for providing Extraordinary Services based upon relevant and lawful criteria. The Council should at a minimum consider the following criteria for making these determinations, as well as other criteria which may be relevant on a case by case basis. As each Special Event is different, the Council may place different weight on different criteria in each circumstance and therefore the following list does not set any priorities for any particular event. 1. The Special Event’s benefit to the quality of life to the City as a whole; 2. The Special Event’s financial benefit to the City as a whole; 3. The Special Event is of interest to a smaller segment of the City’s population which the City seeks to encourage; 4. The tradition of the event in the City; 5. The cultural and/or historical significance of the Special Event; 6. Whether or not the Special Event provides services or functions that are traditionally organized or sponsored by other Cities or governments; 7. Whether or not the Special Event organizers are making good faith efforts to minimize adverse effects on the health, safety, and welfare of the community and as a result minimizing the need for City employee involvement; 8. The effect of the Special Events on the neighborhood(s) surrounding the site of the event; 9. The financial burden the Special Event places on the City’s taxpayers as a whole; 10. The financial condition of the event organizer(s). VIII. INDEMNIFICATION AND HOLD HARMLESS Organizers of Special Events, Marches, and Public Assemblies shall be required to sign an agreement in a form acceptable to the City in which they agree to indemnify the City of Oshkosh, and its departments, and hold the City and its departments, employees, and agents, harmless from any liability to any person resulting from any damage or injury to property or any person which occurs in connection with the permitted event proximately caused by the any actions or inactions of the event’s organizer, their officers, employees, or agents, or any person under their control insofar as permitted by law. IX. INSURANCE All Special Event organizers shall procure at their expense, a policy of insurance subject to the City’s minimum requirements for Special Events. The insurance required by the City of Oshkosh is primary coverage for incidents which may occur on City property or to City employees during the event, and any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing the event and remain in force throughout the entire event, including the clean up period after the event. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 17 Municipal Codes The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed at the office of the Special Events Coordinator for the City of Oshkosh a minimum of thirty (30) days prior to the scheduled event. A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment with the original to be received no later than ten (10) days prior to the event. The event shall not be allowed to proceed without submission of insurance documentation. The City’s act of receiving and retaining proof of insurance information without comment shall not be considered acceptance, waiver, or modification of any term or requirement herein, or any applicable law. X. EVENT CANCELLATION The City Manager in the case of a Special Event, or the Chief of Police in the case of a March or Public Assembly, may cancel a Special Event, March, or Public Assembly, regardless of whether or not a permit has been issued, without prior notice for any significant change in conditions which would or may adversely affecting the public health or safety of the community, or for any condition that would place facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted to take place. XI. PENALTIES In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal Code, the violation of the terms of the Special Event, March, or Public Assembly permit shall be punishable by forfeiture of not less than $500.00 and not more than $1,000.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this section by way of immediately revoking the permit, seeking injunctive relief, and all other remedies available at law and in equity. The penalties set forth herein shall also apply to all persons, organizations, and entities that organize events which are required to obtain a Special Event permit but fail or refuse to do so. If any person violates any provision of this Ordinance, the City shall have the authority to institute the appropriate legal action or proceedings to ensure compliance and to thereby prohibit such person from violating these conditions. The failure to obtain a Special Event permit before holding or conducting a Special Event, or the failure to abide by Special Event, March, or Public Assembly permit requirements, will constitute a violation of this section and may result in the termination of the event, denial of future permit applications, or issuance of a City Ordinance citation. XII. SEVERABILITY If any provision of this Ordinance or application thereof to any person or circumstances be held invalid, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected. The City of Oshkosh reserves the right to amend or repeal this Ordinance at any time upon proper notice; and all rights, privileges and immunities conferred by this Ordinance or by acts done pursuant hereto shall exists subject to such power. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 1 Municipal Codes CHAPTER 5 AMUSEMENTSSPECIAL EVENTS ARTICLE I. PUBLIC DANCES SPECIAL EVENTS RESERVED. (Formerly Definitions – Repealed 05/07/12) RESERVED. (Formerly License Required – Repealed 05/07/12) RESERVED. (Formerly Application and Fee – Repealed 05/07/12) RESERVED. (Formerly Investigation of Premises – Repealed 05/07/12) RESERVED. (Formerly Issuance of License – Repealed 05/07/12) RESERVED. (Formerly Revocation – Repealed 05/07/12) RESERVED. (Formerly Police Supervision – Repealed 05/07/12) RESERVED. (Formerly Sanitation and Lighting – Repealed 05/07/12) RESERVED. (Formerly Authority to Stop Dance – Repealed 05/07/12) RESERVED. (Formerly Laws to be Obeyed – Repealed 05/07/12) RESERVED. (Formerly Duties of Floor Manager – Repealed 05/07/12) RESERVED. (Formerly Advertisements of Dances – Repealed 05/07/12) RESERVED. (Formerly Closing Hours – Repealed 05/07/12) ARTICLE II. BILLIARDS, POOL AND BOWLING ALLEYS LICENSE REQUIRED ISSUANCE OF LICENSE LICENSE FEES; TERM GAMBLING PROHIBITED ARTICLE III. AMUSEMENTS 5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED ARTICLE IV. RESERVED 5-1 RESERVED 5-2 RESERVED 5-3 RESERVED 5-4 RESERVED City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 2 Municipal Codes 5-5 RESERVED 5-6 RESERVED ARTICLE V. MINIATURE GOLF COURSES 5-7 LICENSE REQUIRED 5-8 APPLICATION; FEE; TERM 5-9 CLOSING HOURS ARTICLE VI. MECHANICAL ENTERTAINMENT DEVICES 5-10 LICENSE REQUIRED 5-11 ISSUANCE OF LICENSE 5-12 HOURS RESTRICTED ARTICLE VII. PENALTIES PENALTIES City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 3 Municipal Codes ARTICLE I. PUBLIC DANCESSPECIAL EVENTS SECTION 5-1 Reserved. (Formerly DEFINITIONS – Repealed 05/07/12) SECTION 5-2 Reserved. (Formerly LICENSE REQUIRED – Repealed 05/07/12) SECTION 5-3 Reserved. (Formerly APPLICATION AND FEE – Repealed 05/07/12) SECTION 5-4 Reserved. (Formerly INVESTIGATION OF PREMISES – Repealed 05/07/12) SECTION 5-5 Reserved. (Formerly ISSUANCE OF LICENSE – Repealed 05/07/12) SECTION 5-6 Reserved. (Formerly REVOCATION – Repealed 05/07/12) SECTION 5-7 Reserved. (Formerly POLICE SUPERVISION – Repealed 05/07/12) SECTION 5-8 Reserved. (Formerly SANITATION AND LIGHTING – Repealed 05/07/12) SECTION 5-9 Reserved. (Formerly AUTHORITY TO STOP DANCE – Repealed 05/07/12) SECTION 5-10 Reserved. (Formerly LAWS TO BE OBEYED – Repealed 05/07/12) SECTION 5-11 Reserved. (Formerly DUTIES OF THE FLOOR MANAGER – Repealed 05/07/12) SECTION 5-12 Reserved. (Formerly ADVERTISEMENTS OF DANCES – Repealed 05/07/12) SECTION 5-13 Reserved. (Formerly CLOSING HOURS – Repealed 05/07/12) ARTICLE II. BILLIARDS, POOL, AND BOWLING ALLEYS SECTION 5-14 LICENSE REQUIRED No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license therefor as herein provided. SECTION 5-15 ISSUANCE OF LICENSE Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license issued pursuant hereto shall be assignable. SECTION 5-16 LICENSE FEES; TERM The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the 1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be assignable. Commented [LL1]: Moved to Chapter 8 Licenses. No change. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 4 Municipal Codes SECTION 5-17 GAMBLING PROHIBITED No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of gambling. ARTICLE III. AMUSEMENTS SECTION 5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES I. PURPOSE: The City of Oshkosh recognizes that Special Events organized by individuals, private organizations, and non-profits serve an important role in enhancing the city’s quality of life and can provide benefits to the community as a whole. In an effort to treat all persons and groups uniformly, to facilitate the successful staging of these special events, and to be mindful of the efficient use of available facilities and resources, the City will commit staff time and facilities to review applications to hold special events and assist the organizers as needed to ensure that special events have an overall positive effect upon the community and its resources. The City will review Special Event applications for the purpose of assisting the event organizer in complying with various applicable public safety requirements, as well as be involved during the special event as needed to protect the safety and welfare of the public, and resources owned by the public. During the City’s review and oversight in this process, the City will address traffic and parking issues, health and safety issues related to the participants and the public, effects upon neighboring properties, fire potential, explosions, disorder and other dangers to persons or property, preservation of peace and order, sanitation, and the overall safeguarding of the public. The City will also consider the potential diversion of public safety, emergency, and other services from their regular and necessary duties, and the additional costs of providing public services necessary to protect the public health, safety, and welfare associated with special events. The City also recognizes that Marches and Public Assemblies held for the purpose of conveying messages protected by the Constitution play an important role in enhancing the public life of citizens as well as the interrelationship between citizens and their government. To that end, the City will similarly review requests to hold Marches and Public Assemblies in the context of the safety and welfare of the community and the availability of resources, but will do so in an expedited and abbreviated manner to ensure that those wishing to hold and/or participate in such events may do so without unreasonable delays or restrictions. II. DEFINITIONS: Commented [LL2]: no change City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 5 Municipal Codes A. “Special Event” means a temporary gathering of people on public or private property and involving at least one of the circumstances listed below. The City Manager, or their designee, shall have the exclusive authority to determine whether or not an event meets the definition of “Special Event.” 1. Exclusive use of all or part of waterways, or City or County-owned facilities, within the City boundaries such as buildings, parks, open spaces, streets, parking lots, athletic fields, etc., but does not include normal park shelter rentals; 2. Will involve the closing of a public street, alley, or public right of way; including block parties 3. Over 250 people at any one time attending the event on private property, except those situations meeting the definition of a “public assembly;” 4. Temporary installation or construction of structures, including but not limited to tents; 5. City ordinances and rules require public safety support by City employees; 6. Will require Extraordinary Services by any City Department; 7. Hours of the event extend beyond those otherwise adopted in City ordinances; or, 8. Alcohol, beverages, food, and/or merchandise will be offered. Examples of Special Events included but are not limited to activities such as running/jogging/walking events; boat, bicycle, running or road races and other forms of competition and athletic events; music, theater, film performances or concerts; water ski demonstrations, air shows, carnivals, equipment shows, cultural events such as art fairs, antique shows, religious services, classes, meetings, parties, and other gatherings meeting the above criteria. A Special Event is not intended to include events such as a family gathering; nonprofit organization, business, or company picnic; or other similar events unless other criteria listed above apply. B. “City property” includes all municipal buildings, parks, beaches, athletic fields and complexes, streets and other rights of way, parking lots, boating and docking facilities, and any other property owned, leased or controlled by the City of Oshkosh. C. “Extraordinary Services” means reasonable and necessary services provided by the City which specifically result from the Special Event. Extraordinary services result in measurable financial costs which are above and beyond the normal levels of public health and safety services on a non- event day. Extraordinary services will normally be those services requiring city employees to be specifically assigned to tasks in support of the Special Event and/or those services resulting in overtime pay or similar costs which result from the event. Examples of extraordinary services City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 6 Municipal Codes may include police protection, traffic control, fire monitoring, dedicated paramedic services, parks services, and other services necessary to ensure the protection of participants and citizens, the proper functioning of City services, and the proper administration of this Ordinance and policy. The City departments will make reasonable efforts to adjust the schedules of employees to minimize the requirement for overtime pay or other costs for Extraordinary Services where sufficient advanced notice of the event is provided. D. “Block Party” means a temporary gathering of residents from one neighborhood, usually under 100 persons, which requires a street closure of three blocks or less, minimally impacting normal traffic patterns. E. “March” means a group of persons, of any number, moving from one place to another on a public way or public place, which requires a street closing or otherwise requires police officers to stop, reroute or alter the normal flow of vehicular or pedestrian traffic because marchers are unlikely to comply with traffic regulations and controls. A march is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a March will be reviewed as a Special Event. F. “Public Assembly” means an organized public gathering or group of persons, of any number, which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic upon a public way or the normal use of a public place because those assembled will not comply with the traffic regulations or controls, or with other public place use laws or policies, and will be located in one place, but does not meet the definition of a march. A public assembly is for the purpose of conducting activities which are protected by the Constitution. All circumstances which do not meet the specific definition of a Public Assembly will be reviewed as a Special Event. G. “Organizer” means any person, persons, or entity that arranges, plans, coordinates or takes other substantive actions to gather persons for a Special Event, March or Public Assembly. The determination of whether someone is an Organizer shall be based upon common understanding and definitions of the words “organize”, “organizer”, “arrange”, “plan” and “coordinate” with the ultimate determination based upon the totality of the circumstances after considering all relevant factors, including but not limited to, the following: 1. Whether the person, persons or entity establishes or takes substantive actions to establish the date for such Special Event, March or Public Assembly. 2. Whether the person, persons or entity arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the activities associated with the Special Event, March or Public Assembly. 3. Whether the person, persons or entity arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the activities of persons to assist with the operation of the Special Event, March or Public Assembly. 4. Whether the person, persons or entity erects or arranges, plans or coordinates or takes substantive actions to arrange, plan or coordinate the erection of temporary structures, City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 7 Municipal Codes placement of barricades or cones, signs, or other structures or objects to facilitate the Special Event, March or Public Assembly. 5. Whether the person, persons or entity advertises and promotes the Special Event, March or Public Assembly by means of traditional advertisements, banners, flyers, web-based promotion, social media or other means. 6. Whether the person, persons or entity creates or causes another to create original content related to the advertisement or promotion of the Special Event, March or Public Assembly. 7. Whether the person, persons or entity pays any costs or expenses for the purpose of the Special Event, March or Public Assembly. 8. Whether the person, persons or entity receives revenue from the Special Event, March or Public Assembly, directly or indirectly, by admissions, concessions, and sales of other products or services. Organizer does not include persons or entities which solely advertise or promote a Special Event, March, or Public Assembly as part of a contract or agreement for advertising services, such as a newspaper who accepts advertisement for an event, a convention and visitors bureau, tourism bureau or persons who merely pass along information pertaining to a Special Event, March, or Public Assembly through word of mouth, social media or otherwise. Organizer does not include persons or entities that provide sponsorship through the provision of money, goods or services, whether in exchange for advertising or not, for a Special Event, March or Public Assembly with a separately identified Organizer. The City Manager, or their designee, shall have the exclusive authority to determine whether or not a person, persons or entity meets the definition of an “Organizer” under this ordinance. III. PERMIT REQUIRED: No person or entity acting as an event organizer shall set up for, hold, or conduct a Special Event, March, or Public Assembly within the municipal boundaries of the City of Oshkosh without first obtaining a Special Event, March, or Public Assembly permit. Due to the nature of March and Public Assembly events, their review process will differ in some ways from Special Events as noted throughout this Ordinance. Any differences in the requirements that apply to Special Events, or Marches and Assemblies will be as noted herein. The City Manager, or their designee, shall have the exclusive authority to determine whether or not a permit is required for any particular event. The City’s review of any permit application and/or its subsequent issuance of a permit shall not be construed as acceptance by the City or its representatives of any liability or responsibility for any injury or damage relating to the Special Event, March and Special Assembly. Special Event, March, and Public Assembly permits are temporary in nature, and do not vest any permanent rights. Not all Special Events will require a Special Event permit. If an event meets the definition of “Special Event,” then a Special Event permit is required except for the following situations: A. Events wholly contained on public or private property: City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 8 Municipal Codes 1. Specifically designed or suited for the Special Event, March, or Public Assembly; and 2. Which has an appropriate physical area for fire protection purposes, as well as appropriate sanitation facilities and street and/or highway access; and, 3. Which result in no greater use of public facilities and services than on normal, non-event days. The provision of legal parking spaces is not included in the determination of whether or not an event is “wholly contained” on public or private property. B. Funeral processions. C. Events organized solely by the City. In these instances, notices shall be given to all affected departments so that they may determine their level of sponsorship. Events in which the City participates as one of the organizers are not exempt from the requirement of obtaining permits. D. Recurring events which enter into a separate and specific agreement, which is approved by the Common Council, to hold the event pursuant to the terms of the individual agreement. The Council is authorized to modify the terms or requirements of this Ordinance within such an agreement, provided the modifications meet the spirit if not the letter of this Ordinance. E. Events on property otherwise exempt from City of Oshkosh permitting requirements, such as events wholly contained on property owned by the State of Wisconsin that do not require extraordinary services. IV. PERMIT REQUIREMENTS: A. Special Events 1. Completed written applications for a Special Event permit along with the application fee shall be filed with the City Special Events Coordinator. Applications shall be on the form approved by the City and signed by the person or authorized representative(s) of the entity organizing the Special Event. In lieu of the application fee, the event organizer may submit with its application a request that the fee be waived and provide in detail the reasons of financial hardship and any other reasons for such request. The application and application fee may be filed as early as desired by the applicant, but shall be filed no more than one (1) year before, and no less than 60 days prior to the event. 2. Special Events must comply with all applicable City ordinances and requirements, including but not limited to traffic rules, park rules, state health laws, fire codes, building codes, zoning, food service, merchant, and liquor licensing requirements. Special Event organizers shall use all reasonable efforts to ensure compliance of participants/ attendees with all applicable City City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 9 Municipal Codes ordinances, traffic rules, park rules, state health laws, fire codes, and other licensing requirements, unless otherwise waived herein. 3. The applicant shall identify a designated individual who can be contacted at any time by any person regarding the event, including City representatives such as the Special Events Coordinator, Police, Fire, Inspections Services, Parks, Public Works, Transportation, or Legal departments to provide information or answer questions, or to whom City representatives may refer questions and comments from the public or others. 4. The following City departments will be provided with copies of the Special Event permit application for their review and comment: City Manager, Special Events Coordinator, Police, Fire, Inspection Services, Public Works, Parks, Transportation, and Legal. Additional City officials may need to review the application as may be warranted by the specific circumstances of the event. In addition, a copy of the Special Event permit application will be provided to the Winnebago County Health Department for their review. The Special Events Coordinator and City departments shall notify the City Manager that they recommend the approval or denial of the Special Event permit as requested, approval of the permit contingent upon changes or modifications of the original request, or take no position on the application. At the time each City department comments upon an application, they shall also provide the City Manager with their best estimate of the cost of extraordinary services which may be necessary for the event. 5. The approval of any Special Event permit application shall always be conditioned upon the approval of all other necessary permits, licenses, and inspections by City departments, in addition to Common Council approval of the Special Event permit. 6. Special Event permits shall not be transferred or assigned without approval of the Common Council. Special Event permits are automatically revoked at the time of transfer or assignment without prior approval of the Council. B. March and Public Assembly Permits It shall be the policy of the City of Oshkosh to review permit applications for Marches and Public Assemblies solely on the basis of their effect on the Health, Safety, and Welfare of the community. The City does not discriminate against any particular group or type of speech expected to be present when reviewing and acting upon any March and/or Public Assembly permit application. 1. Completed written applications for any March or Public Assembly permit along with the application fee shall be filed with the Special Events Coordinator a minimum of five (5) business days prior to the proposed March or Public Assembly. Applications shall be on the form approved by the City and signed by the person or authorized representative of the entity organizing the March or Public Assembly. In lieu of the application fee, the event organizer may submit with the application form a request that the fee be waived and provide in detail the reasons for financial hardship and any other reasons for such request. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 10 Municipal Codes 2. The Chief of Police, or designee within the Police Department, shall have the authority to take all necessary action regarding the March or Public Assembly permit application, including the approval or denial of the application. Applications shall be reviewed and approved as submitted, denied as submitted, approved with conditions, or tentatively approved within two (2) business days after the application is submitted. 3. Tentative City approval may be given within the response period for circumstances which involve property or right of way controlled by other persons or governmental entities, such as circumstances involving right of way or property controlled by the State of Wisconsin. 4. During the review of the application, the Chief of Police may consult with all persons reasonably necessary and available for such consultation, including the event organizers and all other persons, entities, agencies, and governmental officials deemed necessary by the Chief in order to make an informed decision regarding the application’s effect upon the health, safety, and welfare of the community. 5. March and Public Assembly permit applications shall be reviewed for their effect upon traffic control, public safety, as well as other considerations affecting the public health, safety and welfare including the date, time, location and/or route, police and fire protection necessary, and sanitation provisions required. The application review will also include analysis of the organizer’s plans to reasonably ensure that participants/attendees will also comply with all applicable laws. 6. The City’s decision related to March and Public Assembly permit applications shall include a requirement that the application fee be paid or that the fee is waived, a requirement that the costs for Extraordinary Services be paid by the organizer(s) or that the costs are waived, and a requirement that any other condition(s) allowed by law and which are necessary to ensure the health, safety, and welfare of the community shall be incorporated into the terms of any approved permit. 7. In those circumstances in which it is determined that costs for Extraordinary Services shall be paid by the organizer(s), the Chief of Police shall have the authority to require that some or all of the estimated costs for such services be paid to the City in advance or deposited in an approved escrow account for the purpose of paying for such costs, or to require that another form of security be submitted by the organizer(s) for the purpose of paying for such costs. 8. Before any March or Public Assembly permit is denied in whole or in part, the Chief of Police shall make all reasonable efforts to discuss with the applicant the proposed event and its effect upon the public safety, and shall provide or suggest to the applicant reasonable alternative dates, times, locations, or other terms, conditions, and parameters of the March or Public Assembly, to the extent that any such alternatives, terms, or conditions may be reasonably carried out while protecting the public’s health, safety, and welfare. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 11 Municipal Codes 9. Any applicant seeking to appeal the decision of the Chief of Police shall make such appeal, in writing, to the City Manager, or designee. The City Manager, or designee, shall meet with the Chief of Police and the applicant within three (3) business days after receiving an appeal. Legal counsel and other persons with relevant factual information may participate in this appeal meeting. The City Manager, or designee, shall provide the parties with an oral decision at the conclusion of the meeting. A written decision may be requested by either the applicant or the Chief of Police, and shall be made available by the City Manager as soon as practicable. 10. An applicant may appeal the decision of the City Manager, or designee, to the Common Council by filing a notice of appeal with the City Clerk. The Clerk shall place this issue on the agenda for the next regularly scheduled Council meeting in which legally required notice may be provided to the public. 11. The Council may affirm, reverse, or modify the determination of the City Manager, or designee, at the conclusion of the agenda item and after all interested persons have had an opportunity to be heard at the noticed public meeting. 12. Any applicant aggrieved by the decision of the Common Council may seek such other legal relief as may be available. V. REGULATIONS Special Event permit applications shall address the following issues and attach additional supporting material if necessary. A summary of required information follows, and more specific requirements can be obtained from City departments when planning the event and seeking City approval. A. Duration and hours of Operation: The Special Event application shall specify the specific days upon which the event shall occur or, in the case of seasonal or recurring events, the days within the season or period within the calendar year upon which the event will occur. No Special Event shall be open to the public except between the hours of 8:00 a.m. and 11:00 p.m., unless such other hours of operation are specifically approved by the Council. The permit application shall also specify the hours during which pre-event and post-event takedown operations will occur, and no such pre-event and post-event activities may be conducted other than as specified. B. Maximum Attendance: A Special Event permit application shall specify the maximum daily peak number of people reasonably expected to attend. C. Parking: A Special Event permit application shall include a plan identifying areas that may be reasonably expected to be utilized by event participants for off-street and on-street parking. The applicant shall take all reasonable precautions to minimize adverse effects on the neighborhoods that will be directly affected by parking and traffic related to the event. The police department City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 12 Municipal Codes shall post temporary parking-related regulations on public streets for the Special Event only if it is determined to be necessary by the Police Chief for public safety or as may be directed by the Common Council within a permit approval process. D. Sanitary facilities and Potable Water: All sanitary facilities and potable water facilities shall be provided for as required in the applicable codes. E. Illumination: If the Special Event is to continue during hours of darkness, it shall comply with all applicable codes related to illumination. F. Security: The Special Event applicant shall work with the Oshkosh Police Department to ensure that appropriate security and safety is provided for the event. The Police Department may be required, at its discretion, to be directly involved in the Special Event, with the costs of any Extraordinary Services to be borne by the Special Event applicant if required by the Common Council. G. Fire Dept. Protection: All fire protection applicable to the Special Event activities on the premises, shall be provided by the applicant as required by the municipal Fire Prevention Code and the Wisconsin Administrative Code, including alarms, extinguishing devices, fire lanes, and fire escapes. H. Compliance with other Code Provisions: No Special Event shall be held unless all necessary municipal permits, licenses, and approvals applicable to the activities to be held during the Special Event have been issued. I. Refuse Removal: The Special Event sponsor shall be responsible for taking all reasonable efforts to pick up litter and refuse during the event, and for removing all litter and refuse created during the event within twenty-four (24) hours after the conclusion of the event. The event organizer is responsible not only for the event grounds, but will also take all reasonable measures for the removal of litter and refuse attributable to the event from the surrounding neighborhoods and properties. J. Notification: The Special Event organizer may be required by the City to provide reasonable advance notice to residents and/or businesses, or to neighborhoods if individual notice is impractical, who may be expected to experience a substantial traffic and/or noise impact from the event. K. Barricades: Barricades shall be required for street closures or pursuant to a security plan. Barricades may be available for rent from the City or from private companies with the costs of any Extraordinary Services to be borne by the Special Event applicant. All barricades used for the Special Event shall meet the standards as set forth in the Manual on Uniform Traffic Control Devices (MUTCD), unless they are manned barricades. VI. APPLICATION REVIEW: City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 13 Municipal Codes A. Applications for Special Event permits shall be processed in the order of their receipt. Persons or groups holding an approved Special Event may reserve dates for the event to be held the following year provided they submit to the City Special Events Coordinator notification of their intent to hold the event, the date(s) on which the event is expected to be held, and the application fee within sixty (60) days after the end of the Special Event. This notice and fee will reserve the dates identified until the formal application is submitted, or the notice of intent is withdrawn, and will have priority over any other applications received. Dates will not be reserved if an application also includes a request to waive the application fee. Unless the City receives a notification of intent to hold an event as described above, the use of City property and allocation of City resources shall be based upon the applications as they are received without regard to events that may have been held in previous years. Recurring events with separate agreements approved by the Council will have priority over the above reservations for the reservation of dates and the allocation of City services. B. Upon receiving an application for a Special Events permit, the City Manager may schedule a meeting or meetings involving the applicant, any of the affected City departments, the public, and/or other interested persons or officials. Meetings will be scheduled at the discretion of the City Manager based upon the circumstances of the Special Event. The purpose of the meeting will be to discuss the Special Event and its potential impacts, the City services requested, and the City services which may be required. Such a meeting will be held as soon as practical after the application has been submitted. C. As soon as practical after the Special Event permit application is submitted, the City Manager shall provide a recommendation to the Common Council regarding the Special Event permit application. Potential recommendations may include: (1) the permit be issued as requested and without conditions; (2) the permit be denied; or, (3) the permit be approved subject to certain conditions deemed reasonable and necessary by the City Manager. The City Manager may also recommend to the Council that the permit fee be waived, that the costs for Extraordinary Services anticipated by the City to be necessary should be recouped from the event sponsor(s) or that the costs for Extraordinary Services provided should be waived. The Common Council shall approve or deny Special Event permit applications, place conditions upon any permit, require that the permit fee be paid or waived, and require that some or all of the costs incurred by the City for providing Extraordinary Services be reimbursed or that such costs will be waived. D. To the extent permitted by law, the Common Council may deny an application for a permit if the applicant has on prior occasions made material misrepresentations regarding the nature or scope of any event or activity previously permitted, has held prior special events without proper permitting or licensing, or has violated the terms of a prior permit issued to or on behalf of the applicant. Additionally, a prior experience of the applicant in holding any event, or in holding the Special Event which is the subject of the application, will be considered and may impact the issuance of Special Event permits. A permit may be denied, or conditions placed thereon, based upon considerations of the health, safety, and welfare of the community, and of the anticipated costs of holding such event. Additionally, the Common Council may base their decision on one or more of the following grounds: City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 14 Municipal Codes 1. The application is not fully completed and/or fails to include necessary attachments; 2. The applicant asserts that they cannot or will not pay the application fee* and the Council determines that such fee should not be waived; 3. The applicant asserts that they cannot or will not pay the cost for Extraordinary Services and the Council determines that such costs should not be waived. 4. The application for permit contains a material falsehood or misrepresentation; 5. The applicant is not legally competent to sign a contract, or to be held responsible for its actions; 6. The applicant has, on prior occasions, been required to pay for Extraordinary Expenses or damages to City property and has not paid in full for such expenses or damages; 7. A Special Event permit application for the same time and place, or utilizing extraordinary City resources, has previously been received, and a permit for such previous application has been or will be granted which will authorize uses or activities which does not reasonably permit the multiple occupancy of City facilities or would result in a utilization of City resources which would adversely affect the health, safety, and welfare of the community; 8. The Special Event use or activities intended by the applicant would conflict with previously planned events and programs which have been organized by others either through the use of City facilities or the unavailability of sufficient City resources for the proposed event; 9. The intended Special Event use or activity would present a grave or unreasonable danger to the health or safety of the persons expected to participate in the event, the neighborhood in which the event will occur, the community as a whole, or City property and resources required to be involved with the proposed event; 10. The number of persons expected to participate in the Special Event would result in a concentration of persons, vehicles, or things which cannot be supported at the requested time or location due to a lack of sufficient open area, streets, offsite parking, or traffic controls. 11. Activities reasonably expected to occur at the intended Special Event are prohibited by law. 12. The City’s anticipated costs associated with the event including, but not limited to, extraordinary expenses, exceed the anticipated benefit of the event to the community. Council may consider all relevant information in making this determination including, but not limited to, those criteria identified in Sub-section VI. D. of this Section. 13. It is reasonably anticipated that the Special Event use or activities intended by the applicant City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 15 Municipal Codes will materially interfere with individuals or the general community’s use of public property or public rights-of-way in such a manner or for a length of time to exceed the anticipated benefit of the event to the community. Council may consider all relevant information in making this determination including, but not limited to, those criteria identified in Sub- section VI. D. of this Section. E. Amendment or Revisions of Applications. Any amendment or revision of any permit application shall, for purposes of determining the priority of the application, relate back to the original filing thereof unless the original filing is unreasonably incomplete or lacking sufficient information to allow for an adequate review of the proposed event. F. Mapped Routes and Alterations of Mapped Routes. Routes for Special Events such as parades must be submitted with the permit application. Proposed Routes may be altered at the discretion of the City in the interests of the health, safety, and welfare of the community. Any deviation from the approved route without approval of the City will constitute a violation of the permit conditions and of these requirements. Additionally, unapproved changes may result in the denial of future Special Event permit applications. VII. FEES AND REIMBURSEMENT SCHEDULE A non-refundable application fee is required for all Special Event, March, and Public Assembly permit applications. Permit applications may include a request to waive the application fee. However, permits shall not be issued unless the fee is paid or it is specifically waived by the Council. The permit application fees identified herein are separate from other specific fees or licenses required, and separate from any requirement to reimburse the City for the actual cost of any Extraordinary Services required for the permitted event, or for damage or destruction resulting from the event. A. Permit Fees: 1. Special Event, March, and Public Assembly Permits (non-refundable) a. Single day event $25.00 b. Multiple day event (consecutive or recurring) $35.00 2. All other required charges and/or fees, including but not limited to facility rental, food and beverage sale permits, temporary structure fees, and equipment rental fees, etc., must be paid in addition to the permit application fee. Submittal of a permit application does not reserve a park or any other City facility, property, or services necessary for the event. 3. Applicants for Special Events, March, or Public Assembly permits may include in their initial submission a request that the permit administrative fee be waived due to substantial financial hardship. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 16 Municipal Codes 4. Application fees shall be effective for Special Events, Marches and Public Assemblies occurring on and after January 1, 2017. B. Extraordinary Services Charges The Common Council shall approve by Resolution each year a list of standard fees and charges which will be used to determine the amount of charges attributed to Extraordinary Services provided to Special Events by the City. The Resolution may provide for standard hourly charges or flat fee charges for services provided, and may specify tasks that may or may not be subject to Extraordinary Service charges. C. Extraordinary Services Reimbursement: 1. Special Events a. For those Special Events in which costs for Extraordinary Services are not waived by the Common Council, event organizers shall be liable for and shall pay to the City the actual cost of all Extraordinary Services provided by the City. If the Special Event has more than one person or entity organizer, then each of the organizers are liable to the City for the total amount due, regardless of how the multiple organizers may separately agree to divide these expenses. If the City is a co-organizer of a Special Event, the cost of the Extraordinary Services the City is responsible for will be based upon the level of City involvement, and that amount shall be deducted from the total cost for the Extraordinary Services provided by the City. The costs for Extraordinary Services charged to event organizers shall not exceed the actual costs of providing these services. This fee shall be paid to the City within thirty (30) days of the date an itemized invoice for the same is prepared and mailed by the City at the conclusion of the Special Event. b. Prior to any approval of a Special Event permit, the Special Events Coordinator, Police and Fire Departments, along with all other departments potentially affected by the proposed Special Event, shall review the application and report to the City Manager their respective findings as to an estimate of the costs reasonably expected to be incurred by the City for providing Extraordinary Services at or for the Special Event. The application shall be required to provide enough detail to allow the City departments and to determine the level of Extraordinary Services required and their associated costs for the Special Event. The estimates provided by City departments shall provide enough detail to allow the event organizer to reasonably understand the Extraordinary Services that are expected to be necessary. c. After reviewing the findings of the City departments, the City Manager may recommend to the Common Council that conditions relating to advance payment or reimbursement of the costs for Extraordinary Services be placed upon the Special Event permit if approved. Alternatively, the City Manager may recommend that payment or reimbursement of some or all of the costs for Extraordinary Services to be provided be waived. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 17 Municipal Codes d. The Common Council shall address the issue of Extraordinary Services before or at the time it takes action on a Special Event permit application. The Council may address the issue of Extraordinary Services through one or more of the following actions: i. The Council may require that event organizers pay all actual costs for Extraordinary Services provided by the City for the event, with the total costs incurred to be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. ii. The Council may require the event organizer(s) pay less than the actual costs for Extraordinary Services provided by the City in an amount to be determined by the Council depending upon the unique circumstances of the event, with the remaining actual costs to be waived. Any amounts required to be paid shall be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. iii. The Council may waive all costs for Extraordinary Services provided by the City for the event. iv. In the event that the Council requires that the event organizer(s) pay some or all of the costs for Extraordinary Services provided by the City for the event, then the Council may require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the Extraordinary Services which may be incurred. The Special Events permit shall not be issued until the event organizer(s) have complied with any requirements for security. v. Security for the estimated costs of Extraordinary Services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City. vi. If the actual costs for Extraordinary Services exceeds the security provided and has not otherwise been waived by the Council, then the difference shall be billed to and paid by the event organizer(s). If the actual costs for Extraordinary Services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event organizer(s) within a reasonable time after the event concludes. Any other security instrument must be either used or released by the City within a reasonable time after the conclusion of the event 2. Marches and Public Assemblies The City, through the Chief of Police, shall address the issue of costs for Extraordinary Services before or at the time final action is taken on a March and Public Assembly permit application. Extraordinary Services will generally consist of vehicular and pedestrian traffic control and of efforts to ensure the safety of persons and property in crowded and/or potentially volatile situations. City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 18 Municipal Codes a. The City may require that event organizers pay all costs for Extraordinary Services provided by the City for the event, with the total costs incurred to be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. b. The City may require the event organizer(s) pay less than the costs for Extraordinary Services provided by the City in an amount to be determined by the Chief of Police depending upon the unique circumstances of the event, with the remaining actual costs to be waived. Any amounts required to be paid shall be mailed via invoice to the organizer(s) within thirty (30) days after the conclusion of the event. c. The City may waive all costs for Extraordinary Services provided for the event. d. In the event that the City requires that the event organizer(s) pay some or all of the costs for Extraordinary Services provided by the City for the event, then the City may require that funds be placed in escrow, or other necessary security be provided, before the permit is issued. The amount of the cash deposit or other security shall be based upon the cost estimate of the Extraordinary Services which may be incurred. The Special Events permit shall not be issued until the event organizer(s) have complied with any requirements for security. e. Security for the estimated costs of Extraordinary Services may be in the form of a cash deposit in an escrow account, bond, letter of credit, or similar instrument, with the type and form of the instrument to be at the discretion of the City. f. If the actual costs for Extraordinary Services provided exceed the security and has not been waived by the Chief of Police, then the difference shall be billed to and paid by the event organizer(s). If the actual costs for Extraordinary Services provided is less than the amount of funds deposited in advance of the event, then any unused amounts must be returned to the event organizer(s) within a reasonable time after the event concludes. Any other security instrument must be either used or released by the City within a reasonable time after the conclusion of the event. D. Considerations for Reviewing Application Fees* and/or Extraordinary Costs The Common Council will review applications for waivers of application fees, as well as recommendations from the City Manager relating to the assessment or waiver of City costs for providing Extraordinary Services based upon relevant and lawful criteria. The Council should at a minimum consider the following criteria for making these determinations, as well as other criteria which may be relevant on a case by case basis. As each Special Event is different, the Council may place different weight on different criteria in each circumstance and therefore the following list does not set any priorities for any particular event. 1. The Special Event’s benefit to the quality of life to the City as a whole; 2. The Special Event’s financial benefit to the City as a whole; City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 19 Municipal Codes 3. The Special Event is of interest to a smaller segment of the City’s population which the City seeks to encourage; 4. The tradition of the event in the City; 5. The cultural and/or historical significance of the Special Event; 6. Whether or not the Special Event provides services or functions that are traditionally organized or sponsored by other Cities or governments; 7. Whether or not the Special Event organizers are making good faith efforts to minimize adverse effects on the health, safety, and welfare of the community and as a result minimizing the need for City employee involvement; 8. The effect of the Special Events on the neighborhood(s) surrounding the site of the event; 9. The financial burden the Special Event places on the City’s taxpayers as a whole; 10. The financial condition of the event organizer(s). VIII. INDEMNIFICATION AND HOLD HARMLESS Organizers of Special Events, Marches, and Public Assemblies shall be required to sign an agreement in a form acceptable to the City in which they agree to indemnify the City of Oshkosh, and its departments, and hold the City and its departments, employees, and agents, harmless from any liability to any person resulting from any damage or injury to property or any person which occurs in connection with the permitted event proximately caused by the any actions or inactions of the event’s organizer, their officers, employees, or agents, or any person under their control insofar as permitted by law. IX. INSURANCE All Special Event organizers shall procure at their expense, a policy of insurance subject to the City’s minimum requirements for Special Events. The insurance required by the City of Oshkosh is primary coverage for incidents which may occur on City property or to City employees during the event, and any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing the event and remain in force throughout the entire event, including the clean up period after the event. The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed at the office of the Special Events Coordinator for the City of Oshkosh a minimum of thirty (30) days prior to the scheduled event. A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment with the original to be received no later than ten (10) days prior to the event. The event shall not be allowed to proceed without submission of insurance documentation. The City’s act of receiving and retaining proof of insurance information without comment shall not be considered acceptance, waiver, or modification of any term or requirement herein, or any applicable law. X. EVENT CANCELLATION City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 20 Municipal Codes The City Manager in the case of a Special Event, or the Chief of Police in the case of a March or Public Assembly, may cancel a Special Event, March, or Public Assembly, regardless of whether or not a permit has been issued, without prior notice for any significant change in conditions which would or may adversely affecting the public health or safety of the community, or for any condition that would place facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted to take place. XI. PENALTIES In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal Code, the violation of the terms of the Special Event, March, or Public Assembly permit shall be punishable by forfeiture of not less than $500.00 and not more than $1,000.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this section by way of immediately revoking the permit, seeking injunctive relief, and all other remedies available at law and in equity. The penalties set forth herein shall also apply to all persons, organizations, and entities that organize events which are required to obtain a Special Event permit but fail or refuse to do so. If any person violates any provision of this Ordinance, the City shall have the authority to institute the appropriate legal action or proceedings to ensure compliance and to thereby prohibit such person from violating these conditions. The failure to obtain a Special Event permit before holding or conducting a Special Event, or the failure to abide by Special Event, March, or Public Assembly permit requirements, will constitute a violation of this section and may result in the termination of the event, denial of future permit applications, or issuance of a City Ordinance citation. XII. SEVERABILITY If any provision of this Ordinance or application thereof to any person or circumstances be held invalid, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected. The City of Oshkosh reserves the right to amend or repeal this Ordinance at any time upon proper notice; and all rights, privileges and immunities conferred by this Ordinance or by acts done pursuant hereto shall exists subject to such power. SECTIONS 5-19 TO 5-26 RESERVED ARTICLE IV. RESERVED SECTION 5-27 RESERVED SECTION 5-28 RESERVED SECTION 5-29 RESERVED SECTION 5-30 RESERVED City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 21 Municipal Codes SECTION 5-31 RESERVED SECTION 5-32 RESERVED ARTICLE V. MINIATURE GOLF COURSES SECTION 5-33 LICENSE REQUIRED No person, firm or corporation shall operate any miniature golf grounds or any other similar place of amusement within the City without first having obtained a license as hereinafter provided. SECTION 5-34 APPLICATION; FEE; TERM Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or refuse such license in their discretion. The term of this license shall be for one (l) year, expiring on December 31. SECTION 5-35 CLOSING HOURS No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m. and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes after the closing time herein provided. ARTICLE VI. MECHANICAL ENTERTAINMENT DEVICES SECTION 5-36 LICENSE REQUIRED No person, firm or corporation shall operate any device, machine or contrivance for entertainment which is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a license as herein provided. SECTION 5-37 ISSUANCE OF LICENSE; FEE The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of Commented [LL3]: Moved to Chapter 8 Licenses, no change Commented [LL4]: Moved to Chapter 8 Licenses, no change City of Oshkosh Municipal Codes Revised 02/26/2019 City of Oshkosh Chapter 5 – Page 22 Municipal Codes one (1) year from the 1st day of July, unless sooner revoked as herein provided. Radio and television sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein. SECTION 5-38 HOURS RESTRICTED No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor, ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for entertainment purposes, except during such hours as said establishment is legally open for business, providing, however, that any such licensee may lose the privilege of operating between the hours of one (l:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with the City Clerk and after a public hearing thereof before the Common Council and notice of such public hearing given to the licensee. ARTICLE VII. PENALTIES SECTION 5-39 PENALTIES. Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 1 Municipal Codes CHAPTER 8 LICENSES AND PERMITS ARTICLE I. IN GENERAL SECTION 8-1 GENERAL RULES ARTICLE II. SHORT TERM RENTALS SECTION 8-1.2 SHORT TERM RENTALS ARTICLE III. REGISTRATION OF ENTERTAINERS SECTION 8-2 REGULATION OF ESCORT SERVICES ARTICLE IV. COMMERCIAL QUADRICYCLES SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES ARTICLE V. MURALS SECTION 8-10 MURALS ARTICLE VI. AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-20 AMBULANCE AND MEDICAL TRANSPORT SERVICES ARTICLE VII. MOBILE VENDING SECTION 8-43 REGULATION OF MOBILE VENDORS ARTICLE VIII. DIRECT SELLERS AND SOLICITORS SECTION 8-45 INTENT OF REGULATIONS SECTION 8-47 DEFINITIONS SECTION 8-50 REGULATIONS SECTION 8-55 SEVERANCE CLAUSE ARTICLE IX. PAWNBROKERS AND SECONDHAND ARTICLE AND SECONDHAND JEWELRY DEALERS SECTION 8-62 STATE STATUTES ADOPTED SECTION 8-63 LICENSE REQUIRED SECTION 8-63.1 DEFINITIONS SECTION 8-64 PROPERTY TRANSACTION RECORDS SECTION 8-65 HOLDING PERIODS SECTION 8-66 MINORS SECTION 8-67 COINS, CURRENCY, AND BULLION SECTION 8-67.1 RIGHT TO INSPECT SECTION 8-68 PENALTIES City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 2 Municipal Codes ARTICLE X. JUNK YARDS SECTION 8-45 LICENSE REQUIRED SECTION 8-46 APPLICATION FOR LICENSE SECTION 8-47 LICENSE FEE; TERM SECTION 8-48 LOCATION RESTRICTED SECTION 8-49 INSPECTION AND INVESTIGATION SECTION 8-50 REVOCATION OF LICENSE SECTION 8-51 SANITARY CONDITION REQUIRED SECTION 8-52 HEIGHT LIMIT ON JUNK PILES SECTION 8-53 RESTRICTION ON DISMANTLING ARTICLE XI. AMUSEMENTS LICENSES SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS SECTION 8-91 MINIATURE GOLF COURSES SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES SECTION 8-93 CIGARETTE SALES. ARTICLE XII. PENALTIES SECTION 8-106 PENALTIES City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 3 Municipal Codes ARTICLE I. IN GENERAL SECTION 8-1 GENERAL RULES Except as may be specifically provided in connection with a license or permit within this Chapter or by State Statute the following general rules shall apply: (A) All licenses and permits issued under the provisions of this Chapter shall be valid only for the purpose and person/business to whom issued. Licenses shall not be transferable except as explicitly provided within this Chapter or State Statutes. (B) Unless otherwise specifically provided, the license year for licenses granted under the provisions of this chapter shall begin on July 1st in each year and end on June 30 th in the following year. There shall be no proration of the fee for licenses issued during the license year. (C) Licenses and permits required within the City may be granted or renewed but shall not be issued for any premises for which taxes, assessments, or special charges are delinquent and unpaid nor to any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought in compliance with the provisions of Chapter 3 of this Municipal Code. (D) Licenses and permits may be suspended or revoked violations of this Chapter or State Statutes upon written complaint filed with the City Clerk and after a public hearing before the Common Council. Not less than 10 business days prior to the public hearing the City Clerk shall cause written notice thereof to be served by personal service or certified mail upon the license or permit holder. ARTICLE I. SHORT TERM RENTALS SECTION 8-1 SHORT TERM RENTALS (A) Purpose. The purpose of this Article is to ensure that the quality of short-term rentals operating within the City is adequate for protecting public health, safety and general welfare, including establishing minimum standards of space for human occupancy and for an adequate level of maintenance; determining the responsibilities of owners, operators and property managers offering these properties for tourists or transient occupants, to protect the character and stability of all areas, especially residential areas, within the City of Oshkosh; to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof. (B) Definitions. (1) For the purpose of administering and enforcing this Article, the terms or words used herein shall be interpreted as follows: City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 4 Municipal Codes (a) Words used in the present tense include the future. (b) Words in the singular number include the plural number. (c) Words in the plural number include the singular number. (2) The following definitions and conditions apply unless specifically modified: Department of Community Development. The City Department of Community Development of the City of Oshkosh or designee. Corporate Entity: A corporation, partnership, limited liability company, or sole proprietorship licensed to conduct business in this state. Dwelling Unit: One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one (1) person or one (1) family. Dwelling Units include residential, tourist rooming house, seasonal employee housing and dormitory units. License. The Short-Term Rental License issued under 8-1.2 Owner. The owner of a short-term rental. Person. Shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the word person is used in any section of this Article prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members hereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section. Resident Agent. Any person appointed by the owner of a short-term rental to act as agent on behalf of the owner. Short Term Rental. A residential dwelling unit that is offered for rent for a fee and for fewer than 29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk). State. The State of Wisconsin Department of Health, or its designee. (C) Operation of Short-Term Rentals. (1) No person may maintain, manage, or operate a short-term rental more than 16 nights each year without a short-term rental license. Every short-term rental shall be operated by a Property Owner or a Resident Agent (2) Each short-term rental is required to have the following licenses and permits: (a) A Winnebago County Tourist Rooming House License or Winnebago County Bed and Breakfast License; (b) A Seller’s Permit, if required by the Wisconsin Department of Revenue; (c) A Room Tax Permit; and (d) A permit or license issued pursuant to the provisions of this Article. (3) Each short-term rental shall comply with all of the following: (a) The total number of days within any consecutive 365-day period that the dwelling may be rented shall not exceed 180 days. (b) No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 5 Municipal Codes (c) There shall not be excessive noise, fumes, glare, vibrations generated during the use. (d) Name plates or other signage shall not exceed zoning code allowances for Building Management Identification Sign. No other signage advertising the short-term rental is permitted on site. Off-site advertising in media channels relating to the availability of the rental may take place only after all City, County and State permits and licenses have been obtained. (e) The number of occupants in any unit shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable county and City housing regulations based upon the number of bedrooms in each unit. (f) No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees. (g) Any outdoor event held at the short-term rental shall last no longer than one day occurring between the hours of 8:00 a.m. and 10:00 p.m. Any activities shall be in compliance with other noise regulations of the City. (h) All rentals of the short-term rental shall be subject to payment of the City of Oshkosh room tax at the current applicable rate. Permit holders are responsible for complying the City’s Room Tax and Permit Regulations. (i) Compliance with all state, county, and local regulations is required. (j) A short-term rental license will not be issued until the following contingencies have been met: (1) County health department inspection completed and license issued; (k) Short-term rental licenses are issued for one year period and must be renewed annually subject to City approval or denial. (D) Short-Term Rental License. (1) The Department of Community Development shall issue a short-term rental license to all applicants following the approval of an application and the filing of all documents and records required under this Article. The application shall also contain the following information: (a) Identify the Property Owner; (b) Identify the Resident Agent with contact information; (c) The maximum occupancy for the premises; (d) The license term; (e) State lodging license number, if any; and (f) Contact information for the City. (2) The resident agent must be authorized to allow City employees, officers and their designees, to enter the owner’s property for purposes of inspection and enforcement of this Article and the Municipal Code. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 6 Municipal Codes (E) Short-Term Rental License Procedure. (1) All applications for a short-term rental license shall be filed with the Department of Community Development on forms provided. Applications must be filed by the property owner or on the owner’s behalf by the Resident Agent. No permit shall be issued unless the completed application form is accompanied by payment of the required fee. (2) Each application shall include the following information and documentation for each short-term rental unit: (a) Winnebago County License for a Tourist Rooming House License or Bed and Breakfast License issued under Wis. Stat. Sec. 254.64; (b) A copy of a completed State Lodging Establishment Inspection form dated within (c) one (1) year of the date of issuance or renewal; (d) A Seller’s Permit, if required by the Wisconsin Department of Revenue; (e) Designation of the Resident Agent (if applicable); (f) Certification from the owner or licensee that the property meets the requirements of this Article; (3) Terms and Filing date. Each permit and license shall run during a calendar year. The filing fee shall be paid upon filing of the application. The Department of Community Development may conditionally accept late applications, subject to payment of the late filing fee. Any application which does not include all of the information and documentation shall not be considered as complete. (4) Application Review Procedure. When satisfied that the application is complete, the Department of Community Development shall forward initial applications for permits and licenses to the appropriate City Departments for review. If the Department of Community Development in consultation with City staff determines that the application meets the requirements of this Article, they may approve the application. If the Department of Community Development in consultation with City staff determines that the application does not meet the requirements of this Article, they may deny the application. (F) Renewal. (1) Each application for a renewal of a permit or license shall include updated information for the documentation on file with the Department of Community Development and payment of the applicable fee. The Department of Community Development shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this Article. The Department of Community Development shall request reports from the City of Oshkosh Police regarding any complaints received, calls for service or actions taken regarding the short-term rental properties. The Department of Community Development shall issue renewal licenses within thirty (30) days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this Article and/or the reports from the Police Department and the Zoning Administrator indicate that there are complaints or actions involving the property. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 7 Municipal Codes (2) If the Department of Community Development finds that the license or permit should not be renewed, the Department of Community Development shall deny the renewal. (3) No permit or license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the City, or is under an order issued by the Building Inspector, or his designee, to bring the premises into compliance with City ordinances, unless arrangements for payment have been approved by the Department of Community Development. (G) Resident Agent. (1) All short-term rentals are required to appoint a Resident Agent for the receipt of service of notice of violation of this Article’s provisions and for service of process pursuant to this Article. Such a designation shall be made by the owner and shall accompany each application form. Said applicant shall immediately notify the Department of Community Development of any change in residence or information regarding the Resident Agent. (2) To qualify as a Resident Agent the person must meet the following requirements: (a) The applicant is authorized by owner to accept service of process for all City communications, citations and orders. (3) Each Resident Agent shall be authorized by the property owner to act as the agent for the owner for the receipt of service of notice of violation of this Article’s provisions and for service of process pursuant to this Article and shall be authorized by the owner to allow City employees, officers and their designees, to enter the owner’s property for purposes of inspection and enforcement of this Article and/or the City Municipal Code. (H) Standards for Short-term Rentals. (1) Each short-term rental shall comply with this Article’s requirements or any other applicable City ordinance. Each short-term rental shall comply with the following minimum requirements: (a) Not less than one (1) bathroom for every six (6) occupants; (b) Not less one hundred fifty (150) square feet of floor space for the first occupant thereof and at least an additional one hundred (100) square feet of floor space for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determined using interior measurements of each room. Floor space does not include kitchens, bathrooms, closets, garages, or rooms not meeting Uniform Dwelling Code requirements for occupancy. The maximum occupancy for any premises without a separate enclosed bedroom is two (2) people; (c) Not less than one (1) onsite off-street parking spaces for every four (4) occupants based upon maximum occupancy; (d) A safe, unobstructed means of egress leading to safe, open space at ground level; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 8 Municipal Codes (e) Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative Code; (f) Shall not have an accessible wood burning fireplace unless the property owner provides a certificate from a certified HVAC / Fireplace Installer or technician, dated not more than thirty (30) days prior to submission, certifying that the fireplace and chimney have been inspected and are in compliance with National Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances; (g) Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose on any balcony, deck or under any overhanging structure or within ten (10) feet of any structure; (h) Certification of compliance. As a condition of issuance of a license under this Article, the Owner / Resident Agent shall certify that property is in compliance with the terms and conditions of the license and this Article. (I) Room Tax. (1) Each short-term rental shall comply with the room tax reporting requirements of the City Municipal Code Chapter 8-1.1 (2) All tax returns and supporting documentation filed with the Department of Community Development are confidential and subject to the protections provided under City Municipal Code 8-1.1and Wis. Stat. Sec. 66.0615 (3) and Wis. Stat. Sec. 77.61. (J) Display of Permit. Each license or permit shall be displayed on the inside of the main entrance door of each short- term rental. (K) Appeal and License Revocation. (1) The denial of any license or permit application or renewal under this Article may be appealed by filing a written appeal request with the Department of Community Development within ten (10) days of the City’s notice of denial. The appeal shall be heard by the Board of Appeals. (2) A license may be revoked for one or more of the following reasons: (a) For non-payment of taxes or other charges as provided under Section 8-88 of this code; (b) Failure to comply with the City of Oshkosh Room Tax and Permit Ordinance; (c) Three (3) or more calls for police service, building inspection or the health department for nuisance activities or other law violations in a twelve (12) month period as defined in Sec. 17-38.1, Chronic Nuisance Premises; (d) Failure to obtain all necessary county and state permits and licenses within twelve (12) months of obtaining the City license; (e) Failure to maintain all required local, county, and state licensing requirements; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 9 Municipal Codes (f) Failure to use the property as a short-term rental within twelve (12) months of obtaining the City license; (g) Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood. (L) Penalties. (1) Any person who shall violate any provision of this Article shall be subject to a penalty as provided in Chapter 8-1.06 (2) Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this Article or otherwise. (M) Fees. Fees for licenses required by this Article are due and payable before issuance of a new license and renewal license annually before January 1 of each year. All frees for these services will be listed on the Planning Services Division fee schedule and will be established by resolution. ARTICLE II. REGISTRATION OF ENTERTAINERS SECTION 8-2 REGULATION OF ESCORT SERVICES (A) DEFINITIONS. For the purposes of this Section, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise. (1) “Escort” means any person who, for a fee commission, salary, hire, profit, payment or other monetary or other valuable considerations, accompanies or offers to accompany another person to or about social affairs, entertainments or places of amusement, or who may consort with another person about any place of public resort or within any private quarters. (2) “Escort service” means service provided by any person who, for a fee commission, salary, hire, profit, payment or other monetary or other valuable considerations, furnishes or offers to furnish names of escorts who may accompany or offers to accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. (3) “Person” means any individual and includes and applies to associations, clubs, societies, firms, partnerships, corporations or other business ventures, and bodies politic and corporate. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 10 Municipal Codes (B) LICENSE/REGISTRATION REQUIRED. (1) No escort service shall operate or be maintained in the City without first obtaining from the Common Council a license to operate issued as provided in this Section. A license may be issued only for one escort service located at a fixed and certain place, and must be displayed at all times in a space fully visible to those on the subject premises. Any person, including partnership or corporation, which desires to operate more than one escort service must have a license for each service. (i) The location to be licensed under this Section shall comply with all applicable building and zoning code provisions of this Code. (ii) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any building, structure, premises, or portion or part thereof, for which a license is required by this Section, if otherwise allowed, that is located closer than 500 feet from the nearest lot line, that is the legal boundaries of a parcel of property, of a similar establishment, or, if so licensed, of another Class "B"/"Class B" establishment, or any facility governed by Sections 15-19 or 18-9 of this municipal code, or any school (whether pre-school, elementary, middle or high school, whether public or private), or any residentially zoned property, library, church or chapel, park or playground, or licensed day- care facility. (a) No license or interest in a license may be transferred to any person, including partnership or corporation. (2) All operators or any person working for any escort service and any independent contractors shall, prior to beginning employment or contracted duties, register and obtain a photo identification card from the City Clerk as provided in this Section. Such card shall be carried on the person at all times and shall be kept available for production upon request; failure to comply with this requirement shall be deemed a violation of this Section. (C) APPLICATION. Any person desiring to secure a license or photo identification card under this Section shall make application to the City Clerk, accompanied by a receipt from the City showing payment of the appropriate fee. (1) The application shall be on a form approved by the City Clerk. An applicant (which shall include each partner and limited partner of a partnership applicant, each officer and director of a corporate applicant, each stockholder holding 10% or more of the stock or beneficial ownership and every other person who is interested directly in the ownership or operation of the business) shall furnish the following information: (a) Name and address, including all aliases; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 11 Municipal Codes (b) a picture identification card establishing that the individual(s) is(are) at least eighteen (18) years of age; (c) All residential addresses for the applicant(s) for the past ten (10) years; (d) The business, occupation or employment of the applicant(s) for ten (10) years immediately preceding the date or application, (e) Whether the applicant(s) previously operated in this or any other state, county or municipality under an escort service license or similar business license, or registration system; whether the applicant has ever had such a license or photo identification card revoked or suspended, the reason therefor and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation; (f) All criminal violations, whether federal or state, or municipal ordinance violation convictions, forfeiture of bond and pleadings of no contest on all charges, except minor traffic violations; (g) Fingerprint registration with the Police Department and photograph on file with the Oshkosh Police Department; (h) The address of the escort service to be operated by the applicant, or the address of the escort service for which the individual will be an escort; (i) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and all officers and directors of the corporation. (D) STANDARDS FOR ISSUANCE. To receive a license to operate an escort service, or to receive an identification card, an applicant must meet the following standards: (A) If the applicant is an individual: (a) The applicant shall be at least eighteen (18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, the applicant shall not have been convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately preceding the date of the application; (c) The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (B) If the applicant is a corporation: (a) All officers, directors and others required to be named under this Section shall be at least eighteen (18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, no officer, director or other person to be named under this Section shall have been convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 12 Municipal Codes jurisdiction within five (5) years immediately preceding the date of the application; (c) No officer, director or other person required to be named under this Section shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (C) If the applicant is a partnership, joint partnership, or any other type of organization where two or more persons have a financial interest: (a) Each person having a financial interest in the partnership, joint partnership or other type of organization shall be at least eighteen (18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, no person having a financial interest in the partnership, joint partnership or other type of organization shall have been convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately preceding the date of the application; (c) No person having a financial interest in the partnership, joint partnership or other type of organization shall have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (D) No license or photo identification card, or any renewal thereof, shall be issued unless the Police Department has investigated the applicant's qualifications to be licensed or registered, which shall be completed within five (5) business days of referral to the Department. (E) TERM; RENEWAL. Every license or identification card issued pursuant to this Section will terminate on December 31st following its issuance, unless sooner revoked, and must be renewed before operation is allowed or escort services provided in the following year. Application for renewal shall be on a form provided by the City Clerk, shall contain the information required in subsection (C) of this Section, and shall be accompanied by a receipt from the City showing payment of the appropriate fee. Subsections (D) and (G) shall apply to all renewals. (F) DENIAL OR NONRENEWAL OF APPLICATION OR REGISTRATION (1) Whenever an initial application or a renewal thereof is denied, the City Clerk shall notify the applicant in writing of the reasons for the decision and shall notify the applicant of any appeal rights. Within five (5) business days of said decision, such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (2) Within ten (10) business days of service of such notice, the applicant shall file with the City Clerk a written appeal of the denial, containing the reasons for such appeal. The Clerk shall then schedule a time at the Common Council’s next regular meeting, following the City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 13 Municipal Codes conclusion of the Council’s regular agenda, at which time the applicant can present the appeal in person, subject to questioning as may be appropriate. Within five (5) business days of receipt of such appeal, the Clerk shall notify the applicant in writin g of the date, time and place when the applicant’s appeal shall be heard. Such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (3) The Council shall hear and decide all appeals under this Section by majority vote of the membership of the Council. The Clerk shall notify the applicant of the decision. Within five (5) business days of said decision, such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (4) Any party to an appeal, as outlined in this subsection, may seek review thereof by certiorari to be filed in a court of competent jurisdiction within ten (10) business days of the date of service of the Council’s decision. Based only on the record of proceedings before the Council, the court may affirm or reverse the final determination, or remand to the Council for further proceedings consistent with the court’s decision. The court may also order costs to the prevailing party as is appropriate. (a) If review is sought, the record of proceedings shall be transcribed at the expense of the person seeking review. A transcript shall be supplied to anyone requesting the same at the requester’s expense. By stipulation, the court may order a synopsis of the proceedings in lieu of transcript. The court may otherwise limit the requirement for a transcript. (G) SUSPENSION OR REVOCATION OF LICENSE OR CARD. Any license or photo identification card issued under this Section may be suspended for not less than ten (10) nor more than ninety (90) days, or revoked. To the extent practicable, Section 125.12(2), of the Wisconsin Statutes, shall govern the proceedings for suspension or revocation, and judicial review thereof. (1) Grounds for suspension or revocation, non-issuance or non-renewal shall include: (a) Any violation of this Section; (b) The person does not possess the qualifications required under this Section to hold the license or photo identification card; (c) The person has been convicted of violations of alcohol beverage regulations as defined in Chapter 125 of the Wisconsin Statues and Chapter 4 of this Code, of crimes against life and bodily security as defined in Chapter 940 of the Wisconsin Statutes, of crimes against public health and safety as defined by Chapter 941 of the Wisconsin Statutes, of crimes against property as defined by Chapter 943 of the Wisconsin Statutes, of crimes against sexual morality as defined by Chapter 944 of the Wisconsin Statutes, of crimes of interference with law enforcement as defined by Sections 946.31 through 946.50, inclusive, of the Wisconsin Statutes, of crimes against public peace, order and other interest as defined by Chapter 947 of the Wisconsin Statutes, of crimes against children as defined in Chapter 948 of the Wisconsin Statutes, of violations of the uniform controlled substances act as defined City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 14 Municipal Codes by Chapter 961 of the Wisconsin Statutes, or comparable municipal ordinance, in any jurisdiction; or the person knowingly allows another person, who is either on the premises for which the license under this Section is issued or is the recipient of an escort service, to commit a violation of the offenses outlined in this paragraph. (d) Any act or omission of any employee or independent contractor constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or non-renewed. (H) RESPONSIBILITIES OF THE OPERATOR (1) The operator of an escort service shall maintain a register of all employees, or independent contractors, showing the names and aliases used by said individuals, together with the home address, birth date, sex, telephone numbers, Social Security Number and date of employment or service and termination. The foregoing information on each shall be maintained in the register on the premises for a period of three (3) years following termination. (2) The operator of an escort service shall make the register available immediately for inspection by police upon demand at all reasonable times. (3) Every act or omission by an employee or independent co-contractor constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct. The operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. (I) FEES. The application fee for a license, or any renewal thereof, shall be $500. The application fee for a photo identification card, or any renewal thereof, shall be $100. There is no proration of fees for any license or card issued for less than a one-year period, nor shall there be any prorated refund for license or card that is suspended or revoked. If the application for the initial license or card, or any renewal thereof, is denied, the fee, less any administrative costs, shall be refunded. (J) EXEMPTIONS. This Section does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the City of Oshkosh pursuant to a specific statute or ordinance, and employees employed by a business so licensed and which performs as an escort or an escort service function as a service merely incidental to the primary function of such profession, employment or business and which do not hold themselves out to the public as an escort or an escort service. (K) PENALTIES. Any person, partnership, corporation or other entity, who violates any of the provisions of this Section shall, upon conviction thereof, be punished by a forfeiture of not less than $250 nor more than $1000, together with the costs of prosecution, and in default of payment City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 15 Municipal Codes thereof by imprisonment in the County Jail for a period not to exceed sixty (60) days. In addition, a person convicting of violating this provisions of this Section shall be subject to suspension or revocation by a court of record of his/her operating privileges as provided within Chapter 343 of the Wisconsin Statutes. Each day of violation shall constitute a separate offense. ARTICLE III. COMMERCIAL QUADRICYCLES SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Applicant” means the owner of a Commercial Quadricycle seeking to obtain a Commerical Quadricycle License. (2) “Commercial Quadricycle” has the meaning given in section 340.01 of the Wisconsin Statutes. (3) “Driver” means a person who is at least 18 years of age, holds a valid driver’s license, and who is responsible for steering and all other operations and functions of a Commercial Quadricycle. “Driver” does not mean those passengers who are pedaling or have the opportunity to pedal. (4) “Fermented Malt Beverages” has the meaning given in section 125.02 of the Wisconsin Statutes. (5) “License” means a Commercial Quadricycle license issued in accordance with the provisions of this section. (6) “Licensee” means an Applicant who has obtained a Commercial Quadricycle License. (B) Commercial Quadricycle License (1) No Commercial Quadricycle shall be operated within the City of Oshkosh without a License issued by the Common Council as provided for in this section. (2) Licenses are issued on a calendar year basis and expire on December 31st of each year. There shall be no pro rata or other reductions for applications made, or for the termination of operations, during the calendar year. (3) Licenses are not transferrable. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 16 Municipal Codes (C) License Application (1) Applicants for a License shall submit an application on a form provided by the Department of Community Development and pay a nonrefundable application fee of $100.00 dollars. There will be no additional fee in the event a License is issued. (2) Licenses are issued one per Commercial Quadricycle. If an Applicant owns more than one Commercial Quadricycle, the Applicant will need to apply for a License for each Commercial Quadricycle. (3) Applications shall include the following minimum information: (a) Name, address, and telephone number of the applicant. If the applicant is a legal entity, then the application shall also identify the person who is authorized to act in all respects for the entity. (b) The serial number of the Commercial Quadricycle, the number of persons the Commercial Quadricycle is designed to carry, and a photograph of the Commercial Quadricycle. (c) A detailed description and map of the proposed route(s) on which the Commercial Quadricycle is to be operated, including the location of where passengers will be picked up and dropped off and where the Commercial Quadricycle is intended to be parked. (d) Proof of liability and property insurance in amounts and in the form required by the City at the time of application. (e) All additional information as the City may require. (4) The Department of Community Development shall forward the application to the Common Council for consideration as an action item. The Department of Community Development shall also provide Common Council with a report and recommendation. Prior to forwarding the application to Common Council, the Department of Community Development may consult with the applicant, City Departments, City Boards or Commissions, or others deemed by the City as having information or interests that may assist the Common Council when making their decision on the application. (5) Prior to the issuance of any License, the Commercial Quadricycle shall be examined by the Oshkosh Police Department. If the Commercial Quadricycle is found to be in a satisfactory and safe condition for the transportation of passengers, in clean and good City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 17 Municipal Codes appearance, and in compliance with all other provisions of this Article and State Law, the Oshkosh Police Department shall file a report with the Department of Community Development confirming compliance. If such examination shows that the Commercial Quadricycle is not in satisfactory condition, the Oshkosh Police Department shall file a report of noncompliance and the License shall not be issued. (6) If the application is approved by Common Council, and a report of compliance is received from the Oshkosh Police Department, the Department of Community Development shall issue a written License for the Commercial Quadricycle. (7) A Licensee is required to comply with the route(s) and other conditions of the License. New or temporary routes, or other changes of terms, must be approved by the Common Council by filing an amended application with the Department of Community Development. There shall be no fee for amended applications from the same Licensee. (D) License Denial, Revocation, and Appeals (1) Applications for a License may be denied by the Common Council if it appears that the approval of the application will for any reason be detrimental to the public health, safety, and welfare. (2) Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (3) Any Commercial Quadricycle License may be revoked by Common Council for one or more of the following reasons: (a) The Licensee, including any owner, manager, agent, or employee of the Licensee, has violated the terms of the License, or any provision of this section, or any other rule, regulation, or code that applies to a Commercial Quadricycle, including state law. (b) The Licensee, including any owner, manager, agent, or employee of the Licensee has been convicted of a felony or misdemeanor that substantially relates to the operation of a Commercial Quadricycle. (E) Restrictions on Operation of Commercial Quadricycles (1) Commercial Quadricycles shall only be operated on routes specified in the approved License application. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 18 Municipal Codes (2) Commercial Quadricycles shall not be operated or parked on a public sidewalk, recreation trail, or river walk. (3) Commercial Quadricycles shall not use any public street or any other public property as a loading, unloading, parking, or waiting area unless such area is a legal motor vehicle parking space. (4) Commercial Quadricycles shall not load or unload passengers in any traffic lane, or in any manner that will in any way adversely affect the safety of passengers or the public, or will impede or interfere with the orderly flow of traffic on the streets. (5) Commercial Quadricycles shall not be occupied by passengers or available to carry passengers after 10:30 pm or before 10:00 am. (6) Commercial Quadricycles shall be operated in compliance with applicable state and local traffic and parking laws and in a manner so as to assure the safety of persons and property. (7) Commercial Quadricycles shall be driven by persons having in their possession proof of insurance and a valid driver’s license. (8) No glass containers are allowed on a Commercial Quadricycle. (9) No music or amplified sound shall be played, nor noisemakers used, nor yelling or conversation conducted, in such a manner that the sound carries to nearby residences, businesses, or properties, and is audible above the level of conversational speech at a distance of twenty-five (25) feet from the point of origin from the sound. (10) The License shall be prominently displayed on the Commercial Quadricycle so that the public, passengers, and City employees or representatives may easily view the content of the License. (11) Commercial Quadricycles shall not be driven by anyone that consumes alcohol while the Commercial Quadricycle is occupied by passengers, including any stops, breaks, or transport to and from active operations. (12) Commercial Quadricycles shall not be driven by anyone who has an alcohol concentration of more than 0.02. (13) No alcohol beverages other than Fermented Malt Beverages shall be carried or consumed on a Commercial Quadricycle. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 19 Municipal Codes (14) No alcohol beverage shall be sold on a Commercial Quadricycle. This includes the prohibition of delivery on the Commercial Quadricycle of alcohol beverages previously sold by a caterer. (15) Each passenger on a Commercial Quadricycle is permitted to carry on to the Commercial Quadricycle up to 36 ounces of Fermented Malt Beverages. No other alcohol beverages may be possessed on, carried upon, or consumed on a Commercial Quadricycle by passengers. (16) Any police officer of the City, County, or State may at all reasonable times, inspect any Commercial Quadricycle that is licensed under this Article and may prohibit the use of any Commercial Quadricycle that is found to be unsafe, not in proper repair, or not otherwise in compliance with this Article or State law. (F) Penalties: In addition to other fines, penalties, and/or charges that can be imposed under Municipal Code and state law, the violation of the terms of this Section by the Licensee, or any person, organization, or entity violating this Ordinance or responsible for violating this Ordinance, shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this Section by immediately revoking the License, seeking injunctive relief, and all other remedies available in law and equity. ARTICLE IV. MURALS SECTION 8-10 MURALS (A) Definitions 1. Mural: A one-of-a-kind, hand-produced, or digitally printed work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the building owner. a. Murals may not contain a Commercial Message as defined in Chapter 30 of this Code. 2. Mural Attribution and Sponsorship Recognition: a. Mural Attribution: Information located within or adjacent to a mural that identifies the artist name(s) and/or artist’s business name. Mural Attributions must meet the following requirements: i. Attribution shall contain only the artist name(s) and date ii. Number of Attribution areas #: one (1) for each mural iii. Attribution Placement: if incorporated into mural 1. Attribution area: maximum size no more than 10% of mural size or no larger than 3 square feet, whichever is less. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 20 Municipal Codes iv. Attribution Placement: if adjacent to mural 2. Attribution area: must be within Sponsorship Recognition area b. Sponsorship Recognition: Information located adjacent to a mural that identifies the mural sponsor’s name or sponsor’s business or association name. Sponsorship Recognitions must meet the following requirements: i.Shall contain only a sponsor’s name ii. Number of Sponsorship Recognition areas: one (1) area shall be permitted for each mural which may contain any number of individual sponsors iii.Sponsorship Placement: adjacent to mural iv.Sponsorship Recognition area: maximum size = 11” x 17” v.Sponsorship Recognition placement: wall mounted vi. Sponsorship Recognition text: A uniform font must be used for the entire sponsorship recognition; different fonts are not permitted. The Sponsorship Recognition should only contain text; logos are not permitted. vii.Must meet current ADA requirements (B) Mural Permit No mural shall be installed unless a mural permit is obtained by the owner, or their agent, from the Planning Services Manager, or their designee. (C) Application Requirements Permit application shall contain, but not be limited to, the following information: 1. Site plan showing the lot and building dimensions and indicating the proposed location of the mural. 2. Pictures of the building elevations. 3. A scaled drawing of the building elevation showing the proposed size and placement of the mural. 4. A colored draft of the proposed mural. 5. A description of the proposed maintenance schedule that includes the timeframe for the life of the mural and method for removal, if applicable. 6. Mural material and how it will be attached (D) Fees The Mural Permit application fee shall be as established by Resolution of the Common Council. See the Fee Schedule for details. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 21 Municipal Codes (E) Prohibited Mural Types 1. Murals or other representations which imitate or appear to imitate any official traffic sign or device which appears to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic. 2. Murals are prohibited in all Residential Zoning Districts: Single Family Residential-2, Single Family Residential-3, Single Family Residential-5, Single Family Residential-9, Duplex Residential-6, Two Family Residential-10, Multi- Family Residential-10, Multi-Family Residential-12, Multi-Family Residential-20, Multi-Family Residential-36, Mobile Home Residential-9 3. Murals are not permitted on the primary façade of a building. A primary façade is defined (for purposes of this section) as the building elevation that faces the adjacent street right-of-way and is the primary customer entrance. 4. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of a structure that would diminish the structural integrity. 5. Murals shall not project from the wall surface, other than the minimum necessary protrusion to mount the mural to the wall or structure. 6. Murals containing true threats (a serious expression of an intent to commit an act of unlawful violence). 7. Murals containing a Commercial Message as defined in Chapter 30. 8. Murals containing obscene content. For purposes of this section, any material is obscene if applying contemporary community standards: a) The predominant appeal is to a prurient interest in sex; and b) The average person would find the material depicts or describes sexual content in a patently offensive way; and c) A reasonable person would find the material lacks serious literary, artistic, political, or scientific value. (F) Standards 1. Surface Preparation. Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes in any historic district or any building on the Local, State, or National Register of Historic Buildings. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 22 Municipal Codes (G) Maintenance 1. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the Planning Services Manager, or their designee. 2. The display surface shall be kept clean and neatly painted and free from corrosion. 3. Any mural that is not maintained, faded, or is in disrepair shall be removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material as ordered by the Planning Services Manager, or their designee. (H) Mural Permit Approval 1. No mural permit shall be approved unless the Planning Services Manager, or their designee, shall find that the requirements of this Section have been fulfilled. 2. Permit Denial. A mural permit applicant may appeal the decision of the Planning Services Manager to deny a mural permit. Said appeal shall be made in writing to the Planning Services Manager and said appeal shall be made within 30 days of the decision by the Planning Services Manager to deny the permit. Appeals will be heard by the Board of Appeals to determine if the Planning Services Manager’s decision to deny the permit is consistent with the provisions of this Section of the Municipal Code. ARTICLE V. AMBULANCE AND MEDICAL TRANSPORT SERVICES SECTION 8-20 AMBULANCE AND MEDICAL TRANSPORT SERVICES. I. Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5) and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are properly served in emergency circumstances through the City of Oshkosh’s emergency transport, and all non-emergency transport operators are providing legitimate and transparent services. The Common Council has determined that generally limi ting emergency response services to the Oshkosh Fire Department and providing for supplemental emergency response services to be controlled by the Oshkosh Fire Department, whose members are specially and highly trained in emergency response, will provide for a more orderly health care process and chain of command at the location of emergency situations that will best serve the health, safety, and welfare interests of the public. In addition, the Common Council has determined that a system of registration and requiring other ambulance service providers operating with this City of Oshkosh to meet City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 23 Municipal Codes certain standards and requirements for service as set forth within this ordinance will also promote an orderly health care process as well as clarity and transparency in services which will best serve the health, safety, and welfare interests of the public. II. Definitions. a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed or constructed, equipped, and intended to be used for and maintained or operated for transportation of patients, except that such motor vehicle owned by, or operated under the direct control of the United States or the State of Wisconsin. b. Ambulance Service Operator: A person engaged in the business of transporting patients by ambulance to or from facilities or institutions providing health services. The term does not include the Oshkosh Fire Department for purposes of this ordinance. c. Emergency transport: Any actual or self-perceived event which threatens life, limb, or the well-being of an individual in such a manner that a need for immediate medical care is created or an event that requires emergent or unscheduled medical attention. Any response requiring the use of lights and/or sirens shall be considered emergency service. d. Non-emergency transport: Planned transport of a person in a medically stable condition on a non-emergency or scheduled basis. The term does not include services of the Oshkosh Fire Department for purposes of this ordinance. e. Paramedic: A person who is specially trained in emergency cardiac, trauma, and other lifesaving or emergency procedures in a training program or course of instruction resulting in certification as an Emergency Medical Technician – Advanced or Emergency Medical Technician – Paramedic by the National Registry of Emergency Medical Technicians or the Wisconsin Division of Health. Any Emergency Medical Technician – Paramedic must also be CPR-certified, which means they are certified in cardiopulmonary resuscitation according to standards set by the American Heart Association. f. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or helpless, and in need of transportation and/or medical treatment. g. Person: Any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including government agency other than the United States or State of Wisconsin. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 24 Municipal Codes III. Ambulance Service Within Municipal Boundaries a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within the Oshkosh Municipal Boundaries. i. Except for the City of Oshkosh and/or its agents, no person, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in, or profess to be engaged in, the business or service of the emergency transports of patients originating within the municipal boundaries of the City of Oshkosh. ii. Non-emergency transports of patients or persons within the municipal boundaries of the City of Oshkosh may occur subject to the rules and standards set forth herein. b. Exceptions: The following Ambulance Service Operators may operate within, or respond to calls within, the Oshkosh municipal boundaries: i. Ambulances or similar emergency vehicles operated by or under the direct control of the United States or the State of Wisconsin; ii. Ambulances transporting patients from locations outside the municipal boundaries of the City of Oshkosh into the City of Oshkosh; iii. Ambulances providing assistance to licensed Ambulance Service Operators in the case of a Mutual Aid request by the City of Oshkosh, or a major catastrophe or emergency in which the licensed Ambulance Service Operators of the City of Oshkosh are unable to address the extent of the health needs of the catastrophe, emergency, or extreme system overload; iv. Ambulance transports passing through the City of Oshkosh which originated from a point outside the City and having a destination point also outside the City; v. Aircraft, including “Flight for Life” or similar services, that transport patients to or from hospitals within the City of Oshkosh. Such aircraft must be licensed by the State of Wisconsin to perform such services. IV. Registration. All Ambulance Service Operators providing non-emergency transports originating within the municipal boundaries of the City of Oshkosh shall register with the City. Registrations shall be filed with the City Clerk’s office. The Clerk shall maintain the Registrations with the official records of the City, and shall transmit copies of all Registrations, including any supporting documents, to the Fire Chief. The Fire Chief or their designee shall have the authority to enforce the requirements of this Section. The Registration shall be on such forms provided by the City and shall include, at a minimum, the following information: City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 25 Municipal Codes a. Name and complete contact information for Registrant. This includes name, address, telephone numbers, and email addresses. b. Names and contact information for at least one (1) primary and one (1) secondary agent for the Registrant. c. If the Registrant is an entity, identify the state of formation. d. All trade or other corporate names, if any, under which the Registrant does business or proposes to do business. e. A copy of all licenses and/or certificates issued by the State of Wisconsin Department of Health Services or other regulatory body that the Registrant believes enables it to lawfully perform the proposed services within the City of Oshkosh. f. The signature of the Registrant or the Registrant’s authorized representative. g. There shall be no charge for filing the Registration with the City. V. Standards for Operation of Non-Emergency Transports a. Each transport vehicle proposed to be used within the City of Oshkosh by an Ambulance Service Operator shall comply with the following: i. The color scheme, lettering, messaging, and special markings on transport vehicles shall be significantly different from the vehicles of all other Ambulance Service Providers providing services in the City of Oshkosh so that there can be no confusion between the Registrant and other operators that have also submitted registrations. There shall be no use of the words “Oshkosh Fire Department” or variations thereof, located anywhere on the vehicle. ii. Any telephone number that states or implies that it is an emergency number shall be limited to the nationwide designated number for emergencies, which is “9-1-1”. Any other contact numbers shall clearly designate their use for non-emergencies only. iii. Be equipped with radio equipment, as follows: 1. Each transport vehicle shall be equipped with at least one portable radio capable of transmitting on the Federal Communications Commission assigned emergency medical frequency and shall be capable of transmitting from any patient location within the City of Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 26 Municipal Codes 2. Transport vehicle radio operations shall comply with procedures approved by the Federal Communications Commission and is compatible with the system used by the City of Oshkosh Fire Department. Compatibility shall be determined by the Fire Chief, Oshkosh Fire Department. b. Ambulance Service Operators providing services within the City of Oshkosh shall have in effect for all transport vehicles a sufficient policy of insurance issued by an insurance company licensed to do business in the State of Wisconsin, which shall provide that the insurance company shall be liable for damages of up to one million dollars ($1,000,000) for any accident due to the negligent operation of one of the patient transport vehicles. VI. Response to Incidents a. An Ambulance Service Operator shall not respond to a medical emergency incident within the City of Oshkosh unless called to respond by the Winnebago County Communication Center, the Oshkosh Fire Department, or direct telephone call in circumstances described in subsection III.b. of this section. b. An Ambulance Service Operator receiving a request for an Ambulance to respond to any medical emergency within the City of Oshkosh from any source other than the Winnebago County Communication Center or Oshkosh Fire Department, shall immediately, coincident with its response, provide the Winnebago County Communications Center with all available information as to the nature and location of the emergency. VII. Command at Incident Scene a. Incident Scene and Patient Care. i. Upon arrival on the scene of a medical emergency where patient care is being provided by Oshkosh Fire Department personnel, the Fire Department personnel remain in charge of the incident in accordance with state law. ii. In all instances when the Oshkosh Fire Department personnel are called to an incident, they shall be in command of the incident and for all patient care. iii. It is the obligation of the Ambulance Service Operator personnel to seek out the Fire Department personnel in command of the incident and patient care. iv. In the instances where the Oshkosh Fire Department personnel arrive at the incident first, all subsequent Ambulance Service Operators arriving at the City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 27 Municipal Codes scene shall act under the command of the Oshkosh Fire Department personnel. v. Oshkosh Fire Department personnel remain in command of patient care until it is specifically relinquished to the Ambulance Service Operator personnel. vi. In instances where an Ambulance Service Operator arrives at the incident first, the Ambulance Service Operator shall relinquish command of the incident and patient care to the Oshkosh Fire Department personnel upon their arrival and upon their request to assume command of the incident and patient care. b. If the Ambulance Service Operator is at the scene in violation of this Chapter, no action or inaction of the Oshkosh Fire Department at the scene shall be interpreted to release or waive the violation. VIII. Obedience to Traffic Laws, Ordinances and Regulations. a. The driver of an Ambulance shall comply with all traffic laws relating to the operation of emergency vehicles, as provided by Section 346.03, Wisconsin Statute. b. No siren shall be used when transporting stabilized patients, unless a known additional emergency response situation exists. IX. Severability. The provisions of this Ordinance shall be severable and if any of the provisions shall be held in contravention of the Constitution and laws of the State of Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be affected. It is hereby declared to be the intent of this Ordinance that the same would have been adopted had such unconstitutional or unlawful provisions, if any, not been included herein. X. Effective Date. This Ordinance shall become effective ninety (90) days from the date of publication. XI. Penalties a. Any Person that violates any provision of this Section shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) but not more than Five Hundred Dollars ($500.00), together with prosecution. b. Each day the violation exists shall constitute a separate offense. c. Nothing in this Section shall preclude the City from taking any other lawful action in addition to seeking a forfeiture in the event of a violation of this Section. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 28 Municipal Codes ARTICLE VI. MOBILE VENDING SECTION 8-43 REGULATION OF MOBILE VENDORS I. Definitions: a. Licensee means an applicant who has obtained a license to conduct a mobile vending operation pursuant to this chapter. b. Mobile Vending Operation means vending, selling, serving, displaying, offering for sale or giving away goods, wares, merchandise, or food from a mobile vending unit. c. Mobile Vending Unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which any food, goods, wares, or merchandise are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting of food, goods, wares or merchandise being peddled, sold, served, displayed, or offered for sale. This does not include a mobile wholesale delivery unit that visits multiple private or public property sites on a daily basis. d. Mobile Vendor means a person who peddles, vends, sells, serves, displays, offers to sell or give away food, goods, wares, or merchandise from a mobile vending unit. This term does not include a mobile wholesale delivery unit that visits multiple private or public property sites on a daily basis. e. Public Property as used in this ordinance means all property owned by a governmental entity, but does not include public rights of way. II. City License Required to Operate a. No Mobile Vending Unit shall operate within the City of Oshkosh without a Mobile Vending License issued by the City Department of Community Development. b. The following Mobile Vending Units are exempt from the requirement to obtain a Mobile Vending License: i. Mobile Vending Units that are approved participants of a Special Event; ii. Mobile Vending Units operating on private property and obtain a Temporary Use Permit. c. The City’s Mobile Vending License is in addition to all other local, State, or Federal approvals, permits, or licenses necessary to engage in this activity. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 29 Municipal Codes III. Mobile Vending Operations May be Located: a. On hardscape surfaces on private or public property, except as otherwise specifically limited or prohibited, with approval of the property owner. b. On hardscape surfaces in public right of way terrace areas, provided a minimum unobstructed sidewalk space of five (5) feet from the right of way line is maintained, and two (2) unobstructed feet from the established face of the curb or street is maintained. c. In legal on-street public parking spaces, provided the spaces are occupied with vehicles licensed to operate on streets, roads, and highways. Trailers, carts, wagons, and similar objects that are otherwise licensed for travel on streets, roads, and highways may occupy an on-street parking space provided they remain attached to the licensed motorized vehicle pulling it. All parking rules and regulations must be followed. d. The right of way terrace areas and on-street parking options are available provided these locations are not subject to a Special Event approved by the City. IV. Mobile Vending Operations are prohibited from the following locations: a. Any City park contrary to the rules set forth in Section 19.4(M) of the Municipal Code except through a vending contract with the City or as part of an approved Special Event. This includes driveways, parking areas, sidewalks, and public rights of way within City parks. b. Any City parking lot except as part of an approved Special Event. c. Any location which is otherwise included within an area approved for a Special Event within the City, except for those vendors who are allowed to operate by the organizer of the approved Special Event. d. Within thirty-seven & half (37.5) feet of a customer entrance for a full service restaurant, or an approved sidewalk café, or another Mobile Vendor already occupying a particular location. The distance from a customer entrance shall be from a line perpendicular from the door frame and extending into the street. e. On the City’s Riverwalk, or at a location which utilizes the Riverwalk in any way for the Mobile Vending Operation. f. No part of the Mobile Vending Operation can obstruct access to any fire hydrant nor obstruct the view of any fire hydrant from the street. g. No Mobile Vending Operation is permitted within five (5) feet of the sides of bus stops or bus shelters, nor permitted in a manner that interferes with the use of bus stops or interferes with the ingress and egress from any bus shelter. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 30 Municipal Codes h. No Mobile Vending Operation can be located within five (5) feet of a curb-cut, a marked cross- walk, or any other obstruction including, but not limited to, a parking meter post, sidewalk bench, bike rack, kiosk, etc. i. No Mobile Vending Operation can be located to obstruct any truck, freight, or passenger loading zone, nor adjacent to any disabled parking space. j. Any location that will obstruct sight distance triangles at intersections. k. In Residential Districts, except for the following two situations: i. Continuously mobile, motorized, street - licensed vehicles stopping only for customers or for no longer than five (5) minutes in anticipation of future customers; and, ii. Mobile Vendor Operations adjacent to eligible City parks utilizing legal parking spaces or appropriate hardscape terraces upon the approval of the City Manager, or designee. Eligible City parks are defined as all City parks except Lakeshore Park, Menominee Park, Spanbauer Fields, Red Arrow Park, Pollock Community Water Park, Riverside Park, and Leach Amphitheater. l. Within one hundred (100) feet of the boundary of a Special Event approved under Chapter 5 of this Municipal Code. V. Mobile Vending License: a. All applicants shall submit a completed application to the Department of Community Development and pay a nonrefundable application/license fee of $100.00 dollars. There will be no additional charge in the event a Mobile Vending License is issued. b. Licenses are issued on a calendar year basis. There will be no pro rata or other reductions for applications during the calendar year. c. Applications will require information deemed necessary by the City Manager and shall include the following minimum information: i. Name and all contact information of the applicant. If the applicant is a legal organization, then the application shall identify the person who is authorized to act in all respects for the corporation. ii. The name and contact information for the person who will be managing, operating, and making decisions for the Mobile Vending Unit on a day to day basis. iii. Identification and description of the Mobile Vending Operation and Mobile Vending Unit. iv. A site plan showing the space the Mobile Vending Unit will occupy. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 31 Municipal Codes v. The proposed location(s) of the Mobile Vending Unit. vi. Copies of other necessary permits or licenses from other governmental agencies including, without limitation, a health license and a Wisconsin Seller’s permit. vii. Proof of liability and property insurance. A Mobile Vending License will not be issued until proof is provided showing that the City of Oshkosh is added as an additional insured to the Mobile Vendor’s policy. d. All applicants shall meet with the Department of Community Development and other City officials to discuss compliance with applicable rules, regulations, and codes, to evaluate the applicant’s proposed vending site(s), and to answer questions about rules for other potential vending sites within the City. The Department of Community Development shall arrange a meeting for the applicant with all City Departments deemed necessary to review the application. e. The City Department of Community Development will issue Mobile Vending Licenses for those who are eligible for License, and shall deny the application of those who are not eligible. Licenses shall include information deemed necessary by the City Manager, and shall contain the following minimum information: i. Name, address, telephone number, and contact person for the Vendor. ii. Type of vending allowed, such as food or merchandise. iii. If authorized to vend on private or public property, the license must include the address(es) on which they are allowed to locate their vending operations. f. Licenses shall be issued to allow Mobile Vending on private or public property, or on hardscape surfaces in the right of way, or in on-street public parking spaces, or a combination of these available locations. Except for private or public property locations, there shall be no sites assigned to any particular Mobile Vending Operation. g. Except for private or public property locations, Mobile Vending Sites shall be available on a daily basis to the first vendor to arrive. h. Mobile Vending Licenses shall be prominently displayed on the Mobile Vending Unit so that consumers and/or City employee or representative may easily view the content of the License. i. Licenses are not transferrable. Licenses may be amended to include operation on private or public properties or operation on additional private or public properties, by filing an amended application with the Department of Community Development. There shall be no charge for amended applications. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 32 Municipal Codes VI. License denial, revocation, and appeals. a. Applications for licenses may be denied by the Department of Community Development if it appears that the approval of the application will for any reason be detrimental to the health, safety, and welfare of the public, and including the following reasons: i. Fraud, misrepresentation, or false statement contained in the application for the license. ii. Any violation of the provisions of this Chapter within the current or previous calendar year. iii. All other necessary approvals including, without limitation, health licenses or seller’s permits, have not been obtained. iv. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has been convicted within the previous five years of any felony, or misdemeanor that is substantially related to a Mobile Vending Operation. v. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has admitted to or has been adjudged to have violated any civil consumer law within the previous five years. vi. The applicant, principal of applicant, or manager has had a vendor license issued by this City revoked within the current or prior calendar year. vii. The applicant is not 18 years of age. b. Any license issued pursuant to this Chapter may be revoked by the City Department of Community Development for one or more of the following reasons: i. The licensee, or manager of the licensee, has violated a provision of this article, or any other rule, regulation, or code that applies to a Mobile Vending Operation. ii. The licensee, or licensee’s manager or employee of a Mobile Vending Unit, has been convicted of a felony, or misdemeanor substantially related to a Mobile Vending Operation. c. Application denials and license revocations may be appealed to the City Manager. The City Manager’s decision shall be the final decision of the City. VII. Restrictions on Mobile Vending a. Every licensee operating a Mobile Vending Unit on private or public property shall have and maintain the written authority or permission to use the private or public property, and shall City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 33 Municipal Codes provide written evidence to the City Department of Community Development of that authorization or permission with the Application. b. Connection of a mobile vending unit or mobile food vending unit to a public source of electricity, water, or sewer at a mobile vending operation site is prohibited. c. No Mobile Vending Operation may use any public property such as light poles or other utility poles, flower planters, trees, or other amenities as a point of attachment for anything, including ropes, posters, signs, or electrical cords. d. Mobile Vending Units may be located and operational on public property and public right- of-way beginning at 8:00 a.m. and ending the same time as the closing time for Class “B” alcoholic beverage license or permit, with closing time as defined by Wisconsin Statutes or Oshkosh Municipal Code, whichever is later, except that those mobile vendors operating within legal on-street parking spaces must comply with all City parking ordinances. The ending time shall be the time the Mobile Vending Unit has been closed, cleaned, and completely removed from its vending location on public property. Mobile vending on private property shall not have any limitations of their time of operation. e. Mobile Vending Units otherwise located on public property or public right-of-way shall be removed from their location and returned to their mobile base during the time they are not allowed to operate as defined in paragraph VII. d., above, and during all other times the Mobile Vending Unit is not actively operational. A mobile vending unit is actively operational when an attendant is present and the food or merchandise to be sold is available for purchase. The mobile vending unit may be inactive for only one consecutive hour, and a cumulative total of two hours between the hours it is allowed to be located on public property or public right-of-way. f. The site that a Mobile Vending Unit is occupying shall at all times be kept clean and free from litter, garbage, rubble, and debris. g. Mobile Vending Operations will comply with all applicable noise ordinances. h. Seating for consumer consumption or use of products sold is not allowed at the site occupied by the Mobile Vending Unit. One chair, stool, or seat for use by the operator will be allowed. i. Mobile Vending Units shall occupy a site only large enough to carry out the essential functions of the Mobile Vending Operation and shall not use a space larger than 6 feet by 10 feet, except for those using on-street public parking spaces. VIII. Penalties a. In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal Code, the violation of the terms of this Chapter by any person, organization, or entity shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 34 Municipal Codes a separate offense. In addition, the City may enforce this Chapter by way of immediately revoking the License, seeking injunctive relief, and all other remedies available in law and equity. b. The penalties set forth shall also apply to all persons, organizations, and entities that take actions or conduct themselves in a manner which requires a Mobile Vending License but the person, organization, or entity fails or refuses to do so. If any person, organization, or entity violates any provision of this Chapter, the City shall have the authority to institute appropriate legal action or proceedings to ensure compliance and to prohibit such person, organization, or entity from violating these conditions. ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-45 INTENT OF REGULATIONS The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh in their residence and throughout the community and to protect residents from commercial fraud whenever possible. The Common Council recognizes that constitutional limitations restrict extensive and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations are essential to promote privacy among city residents given that door-to-door type activities as contemplated herein are not traditional public forums. SECTION 8-47 DEFINITIONS When used in this Article, the following terms shall have the following meanings: (A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a partnership, association or corporation, who without invitation goes to private homes or businesses for the purpose of selling goods or services; taking orders for the later delivery of goods or services, requesting contributions of time, money, or support for any cause, issue or person; purchasing or collecting scrap metal, furniture, household goods or other scrap materials or goods, and shall include, but not be limited to peddlers, solicitors, transient merchants, charitable contributions, junk collectors, proselytizing, and solicitations for political candidates. SECTION 8-50 REGULATIONS (A) No Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 35 Municipal Codes (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented; a) When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance. (6) Failing to display when requested a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, failing to display, when requested to do so by any law enforcement officer, such identification or document. (7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed. (8) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one-hundred (100) foot radius of the source. (9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. (10) Violating any applicable state law, including but not limited to Wis. Stat. Ch. 423 and ATCP 127. Direct Solicitors who engage in the business of lending money on the deposit of any article or jewelry or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a stipulated price or who engages in the business of purchasing or selling secondhand articles as regulated by this Chapter and Section 134.71 of the Wisconsin Statutes governing pawnbrokers, secondhand article and secondhand jewelry dealers must comply with the provisions of this section and Article VIII of this Chapter. SECTION 8-55 SEVERANCE CLAUSE The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 36 Municipal Codes in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part. ARTICLE VIII. PAWNBROKERS AND SECONDHAND ARTICLE AND JEWELRY DEALERS SECTION 8-62 STATE STATUTES ADOPTED Except as otherwise specifically provided by this article, all provisions of Section 134.71 Wis. Stats. defining and describing the regulations with respect to pawnbrokers and secondhand article and secondhand jewelry dealers are hereby adopted by reference and made a part of this code as if fully set forth herein. It is the intention of this article to include within such references all provisions of section 134.71 Wis. Stats. in effect at the time of adoption of this article together with any applicable revisions and all future recodifications, renumberings, and amendments unless otherwise expressly provided in such references. It is the intention of this article that any act required to be performed or prohibited by section 134.71 Wis. Stats. presently in effect or as may be amended in the future is an act required to be performed or is an act prohibited by this section. SECTION 8-63 LICENSE REQUIRED No person shall carry on the business of a pawnbroker, or secondhand article or secondhand jewelry dealer within the city without first having obtained a license therefor. SECTION 8-63.1 DEFINITIONS (a) "Article" means any of the following articles except jewelry: (1) Audio-visual equipment, including but not limited to stereos, cassette recorders, compact disc players, stereo components, cameras, videotape recorders, video cameras, portable stereos, audio tapes, compact discs, recording tapes, video tapes, albums, visual or electromagnetic tapes, and similar materials. (2) Bicycles. (3) China. (4) Computers, printers, software, hardware, and computer supplies. (5) Computer games and toys. (6) Crystal. (7) Electronic equipment. (8) Fur coats and other fur clothing. (9) Ammunition and knives. (10) Microwave ovens. (11) Office equipment. (12) Pianos, organs, guitars, keyboards and other musical instruments. (13) Silverware and flatware. (14) small electrical appliances. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 37 Municipal Codes (15) telephones and answering machines. (b) Any word not defined herein shall have that meaning specified within section 134.71 Wis. Stats. SECTION 8-64 PROPERTY TRANSACTION RECORDS For each transaction of purchase, receipt, or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article or secondhand jewelry dealer shall electronically submit the required property transaction information to an electronic reporting service specified by the Oshkosh Police Department by the close of business each day according to the following procedures. (a) Pawnbrokers, secondhand article and secondhand jewelry dealers using point of sale software shall ensure compatibility of their software with the specified electronic reporting service, and shall electronically transfer all required information from their computer to the specified electronic reporting service via internet connection. (b) Pawnbrokers, secondhand article and secondhand jewelry dealers not using point of sale software, but having 200 or more reportable transactions during the previous calendar year, shall either acquire point of sale software and adhere to the requirements set forth in paragraph (a) above; or, if the specified electronic reporting service allows, manually enter all reportable transactions into the database via internet connection. (c) Pawnbrokers, secondhand article and secondhand jewelry dealers subject to electronic reporting shall take a color, digital photograph of every item purchased, received, or exchanged that does not have a unique serial or identification number affixed. This section specifically includes jewelry, coins, currency, and bullion. One group photo shall suffice for mass items acquired in one transaction. When a photograph is taken it must be maintained in such a manner that it can be readily matched and correlated with all other records of the same transaction, and must be made available for inspection by law enforcement for a period of not less than one year from the date of transaction. (d) Electronic submission of property transaction information and digital photography of property shall be encouraged but not required for pawnbrokers, secondhand article and secondhand jewelry dealers having fewer than 200 reportable transactions during the previous calendar year. When electronic submission of reportable transactions is not made according to the provisions set forth in paragraphs (a) or (b) above, Property Transaction Forms shall be manually completed and submitted according to the following procedures: (1) Forms shall be obtained from the Oshkosh Police Department. Forms are identified by number and the pawnbroker, secondhand article or secondhand jewelry dealer shall be solely responsible for each form. A copy of each form shall be provided to the Oshkosh Police Department upon request. Each form must be accounted for by the pawnbroker, secondhand article or secondhand jewelry dealer. (2) This form shall be completed by the pawnbroker or secondhand article or secondhand City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 38 Municipal Codes jewelry dealer and signed by the customer. (3) The form shall be completed in ink. Entries must be legible. No entry on such form may be erased, mutilated or changed. (4) The form shall be completed in its entirety. All articles must be described and documented in detail sufficient to differentiate the article from other like articles. If the item has a serial number or other identifying information or unique characteristics such information shall be noted on the form. (5) The pawnbroker, secondhand article or secondhand jewelry dealer shall retain an original of each form for not less than one year from the date of the transaction. Duplicate forms shall be provided to law enforcement agencies upon request. (6) Forms shall be made available for inspection during business hours by the Oshkosh Police Department or other law enforcement agency upon request. (7) Each form shall be physically kept with the article(s) detailed upon the form for the required holding period. (8) The pawnbroker, secondhand article or secondhand jewelry dealer shall, in addition to the property transaction forms, keep a written inventory and records of declaration of ownership as required by state statute. SECTION 8-65 HOLDING PERIODS (a) Any secondhand article or secondhand jewelry purchased or received by a pawnbroker as a secondhand article shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it. (b) Any secondhand article or secondhand jewelry purchased or received by a secondhand dealer as a secondhand article shall be kept on the secondhand dealer’s premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt. (c) If a pawnbroker, secondhand article or secondhand jewelry dealer is required or otherwise elects to submit electronic reports under section 8-64, the secondhand article or secondhand jewelry purchased or received shall be kept on the pawnbroker’s or secondhand dealer’s premises or other place for safekeeping for not less than 7 days after the date of the purchase or receipt. (d) Subsections (a) and (b) above shall not apply to articles consigned to a pawnbroker, secondhand article or secondhand jewelry dealer. (e) During the holding period the secondhand article or secondhand jewelry shall be held separate and apart from any other merchandise carried by the dealer and shall not be altered or modified City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 39 Municipal Codes in any manner. (f) During the holding period the pawnbroker, secondhand article or secondhand jewelry dealer shall permit any law enforcement officer to inspect the article. Articles held off premises shall be made available for inspection under this section within 24 hours, or a reasonable time in the case of weekends or holidays, of a request by a law enforcement officer. (g) Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article or secondhand jewelry dealer to hold that article for a reasonable length of time which the law enforcement officer considers necessary to identify it. SECTION 8-66 MINORS No pawnbroker, secondhand article or secondhand jewelry dealer shall engage in a transaction of purchase, exchange or receipt of any secondhand article or secondhand jewelry from a minor unless the minor is accompanied by the minor's parent or guardian. SECTION 8-67 COINS, CURRENCY, AND BULLION Any pawnbroker, secondhand article or secondhand jewelry dealer receiving any coin or currency, any gold or silver coin or gold or silver bullion shall not be required to comply with the holding periods within section 8-65 but shall otherwise be required to comply with the provisions of this article. SECTION 8-67.1 RIGHT TO INSPECT A license holder under this article shall make available for inspection, by any law enforcement officer at any reasonable time, the licensed premises and any items on the licensed premises. Any items stored off-premises shall be made available for inspection under this section upon request by a law enforcement officer. SECTION 8-68 PENALTIES (a) Upon conviction for a first offense under this article, a person shall forfeit not less than $75 nor more than $1000. (b) Upon conviction for a second offense under this article, a person shall forfeit not less than $525 nor more than $2000. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 40 Municipal Codes ARTICLE X. JUNK YARDS AND COLLECTORS DIVISION 1. JUNK YARDS SECTION 8-75 LICENSE REQUIRED. No person, firm or corporation shall store at any place in the City any old iron, old bottles, old rags, paper, old auto tires, or any other kind of junk until a license therefor shall have been secured as provided in this Section. SECTION 8-76 APPLICATION FOR LICENSE. (A) Application for license accompanied by the prescribed fee shall be made to the City Clerk and shall state the property to be used for the storage junk and other things mentioned in Section 8-75, the name of the applicant, the name of the owner of the property, and, if the property is leased, a copy of applicant's lease. The City Clerk shall refer said application to the Common Council which may in its discretion grant said applicant a license. Upon the allowance of a license by the Common Council, the City Clerk shall issue said license. SECTION 8-77 LICENSE FEE; TERM. The license fee shall be Twenty Dollars ($20.00) for a period of one (1) year or fraction thereof, and shall expire on the 30th day of June after its date, unless revoked as hereinafter provided. All licenses that expire on June 30, 1968, under this ordinance shall receive a refund of Ten Dollars ($10.00). SECTION 8-78 LOCATION RESTRICTED. No license shall be issued to store any of the things mentioned in Section 8-75 within two hundred fifty feet (250') of any dwelling house, in an area other than the heavy industrial district east of South Main Street and south of the Fox River, on the same street, or at any place within one hundred fifty feet (150') of North or South Main Street. SECTION 8-79 INSPECTION AND INVESTIGATION. (A) Every licensee shall permit inspection of his premises and junk by the police officers of the City at all reasonable hours. (B) The Chief of the Fire Department shall cause to be investigated each and every junk yard at least once each year. SECTION 8-80 REVOCATION OF LICENSE. (A) The Council may, upon evidence being submitted that any junk yard is being conducted in any unsanitary manner, or that there is a fire hazard created by the said junk yard, or that the said City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 41 Municipal Codes junk yard licensee has violated any ordinance of the City or law of the State relating to buying or storage of junk, revoke said license, and no license shall thereafter be issued to any one to conduct a junk yard upon the premises for a period of one (1) year. (B) The fact that a license has been issued shall not be deemed to make the City a party to such business, and shall not be a bar to any party in an action to abate a nuisance. SECTION 8-81 SANITARY CONDITION REQUIRED Each licensee shall keep his said junk yard in a sanitary condition, and shall keep inflammable material in such a manner so that there will be minimum fire danger. SECTION 8-82 HEIGHT LIMIT ON JUNK PILES. No iron, scrap or other material shall be piled over fifteen feet (15') high in any junk yard. SECTION 8-83 RESTRICTIONS ON DISMANTLING. No vehicle, or other article of junk shall be broken up, or dismantled upon any street or alley and no part of the same shall be left by any licensee in any street or alley. No junk shall be stored within fifteen feet (15') of any street unless enclosed in a building as concealed from view from said street. ARTICLE XI. AMUSEMENTS LICENSES SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS (A) LICENSE REQUIRED No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license therefor as herein provided. (B) ISSUANCE OF LICENSE Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license issued pursuant hereto shall be assignable. (C) LICENSE FEES; TERM The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the 1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be assignable. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 42 Municipal Codes (D) GAMBLING PROHIBITED No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of gambling. SECTION 8-91 MINIATURE GOLF COURSES (A) LICENSE REQUIRED No person, firm or corporation shall operate any miniature golf grounds or any other similar place of amusement within the City without first having obtained a license as hereinafter provided. (B) APPLICATION; FEE; TERM Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or refuse such license in their discretion. The term of this license shall be for one (l) year, expiring on December 31. (C) CLOSING HOURS No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m. and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes after the closing time herein provided. SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES (A) LICENSE REQUIRED No person, firm or corporation shall operate any device, machine or contrivance for entertainment which is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a license as herein provided. (B) ISSUANCE OF LICENSE; FEE The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of one (1) year from the 1st day of July, unless sooner revoked as herein provided. Radio and television sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein. (C) HOURS RESTRICTED No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor, ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for entertainment purposes, except during such hours as said establishment is legally open for business, City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 43 Municipal Codes providing, however, that any such licensee may lose the privilege of operating between the hours of one (l:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with the City Clerk and after a public hearing thereof before the Common Council and notice of such public hearing given to the licensee. SECTION 8-93 CIGARETTE SALES. The license regulating tobacco in the City shall be governed by the provisions of Section 134.65 of the Wisconsin Statutes. (a) The annual fee for such license shall be $100.00. There shall be no proration of this fee for licenses issued during the license year. ARTICLE XII. PENALTIES SECTION 8-100 PENALTIES. Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 1 Municipal Codes CHAPTER 8 IN GENERALLICENSES AND PERMITS ARTICLE I. IN GENERAL 8-1 FRANCHISE ORDINANCES 8-1 GENERAL RULES ARTICLE II-A. ROOM TAXSHORT TERM RENTALS 8-1.1 ROOM TAX AND PERMIT REGULATIONS 8-1.2 SHORT TERM RENTALS ARTICLE III. REGISTRATION OF ENTERTAINERS 8-2 REGULATION OF ESCORT SERVICES 8-3 RESERVED 8-4 RESERVED ARTICLE IIIIV. COMMERCIAL QUADRICYCLES 8-58-3 8-5REGULATION OF COMMERCIAL QUADRICYCLES 8-6 RESERVED 8-7 RESERVED 8-8 RESERVED 8-9 RESERVED ARTICLE IV. MURALS 8-10 MURALS 8-11 THROUGH 8-38 RESERVED ARTICLE VI. RESERVED ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-20 AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-39 RESERVED 8-40 RESERVED 8-41 RESERVED 8-42 RESERVED City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 2 Municipal Codes ARTICLE VII. MOBILE VENDING 8-43 REGULATION OF MOBILE VENDORS 8-44 RESERVED ARTICLE VIII. DIRECT SELLERS AND SOLICITORS (FORMERLY PEDDLERS AND TRANSCIENT MERCHANTS) 8-45 INTENT OF REGULATIONS 8-46 RESERVED 8-47 DEFINITIONS 8-47 RESERVED 8-48 RESERVED 8-50 REGULATIONS 8-49 RESERVED 8-50 RESERVED 8-51 RESERVED RESERVED 8-55 SEVERANCE CLAUSE 8-52 RESERVED 8-53 RESERVED 8-54 RESERVED 8-55 RESERVED 8-56 RESERVED RESERVED ARTICLE VIIIIX. PAWNBROKERS AND SECONDHAND ARTICLE AND SECONDHAND JEWELRY DEALERS 8-62 STATE STATUTES ADOPTED 8-63 LICENSE REQUIRED 8-63.1 DEFINITIONS 8-64 PROPERTY TRANSACTION RECORDS 8-65 HOLDING PERIODS 8-66 MINORS 8-67 COINS, CURRENCY, AND BULLION 8-67.1 RIGHT TO INSPECT 8-68 PENALTIES ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-578-45 AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-58 RESERVED City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 3 Municipal Codes 8-59 RESERVED 8-60 RESERVED 8-61 RESERVED 8-62 RESERVED ARTICLE X. JUNK YARDS AND COLLECTORS DIVISION 1. JUNK YARDS 8-638-46 LICENSE REQUIRED 8-648-47 APPLICATION FOR LICENSE 8-658-48 LICENSE FEE; TERM 8-668-49 LOCATION RESTRICTED 8-678-50 INSPECTION AND INVESTIGATION 8-688-51 REVOCATION OF LICENSE 8-698-52 SANITARY CONDITION REQUIRED 8-708-53 HEIGHT LIMIT ON JUNK PILES 8-718-54 RESTRICTION ON DISMANTLING ARTICLE XI. AMUSEMENTS LICENSES SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS SECTION 8-91 MINIATURE GOLF COURSES SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES SECTION 8-93 CIGARETTE SALES. ARTICLE XII. PENALTIES 8-106 PENALTIES ARTICLE XI. NON-ISSUANCE OF LICENSES AND PERMITS 8-88 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES 8-89 RESERVED 8-90 RESERVED 8-91 RESERVED 8-92 RESERVED ARTICLE XII. UTILITY PIPES, POWER LINES, AND POLES 8-93 PIPE AND CONDUIT REGULATIONS; SCOPE City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 4 Municipal Codes 8-94 LOCATION AND ALTERATION 8-95 APPROVAL OF MATERIAL, SIZE, ETC. 8-96 PLAN TO BE SUBMITTED 8-97 MANNER OF LAYING CONDUIT 8-98 CITY TO HAVE USE OF CONDUIT 8-99 INDEMNITY AGREEMENT 8-100 SAFE ERECTION OF WIRES 8-101 FRANCHISES 8-102 DECISIONS OF OFFICIALS 8-103 POWERS RESERVED 8-104 WIRES PROHIBITED ON CERTAIN STREETS 8-105 REMOVAL OF IMPROPERLY ERECTED WIRES ARTICLE XIII. PENALTIES 8-106 PENALTIES City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 5 Municipal Codes ARTICLE I. IN GENERAL SECTION 8-1 FRANCHISE ORDINANCESGENERAL RULES Except as may be specifically provided in connection with a license or permit within this Chapter or by State Statute the following general rules shall apply: All franchise ordinances now in force in the City are hereby incorporated by reference and shall have the same force and effect as though fully set forth in this Code. (A) All licenses and permits issued under the provisions of this Chapter shall be valid only for the purpose and person/business to whom issued. Licenses shall not be transferable except as explicitly provided within this Chapter or State Statutes. (B) Unless otherwise specifically provided, the license year for licenses granted under the provisions of this chapter shall begin on July 1st in each year and end on June 30th in the following year. There shall be no proration of the fee for licenses issued during the license year. (C) Licenses and permits required within the City may be granted or renewed but shall not be issued for any premises for which taxes, assessments, or special charges are delinquent and unpaid nor to any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought in compliance with the provisions of Chapter 3 of this Municipal Code. (D) Licenses and permits may be suspended or revoked violations of this Chapter or State Statutes upon written complaint filed with the City Clerk and after a public hearing before the Common Council. Not less than 10 business days prior to the public hearing the City Clerk shall cause written notice thereof to be served by personal service or certified mail upon the license or permit holder. ARTICLE I-A. ROOM TAXSHORT TERM RENTALS SECTION 8-1.1 ROOM TAX AND PERMIT REGULATIONS (A) Definitions. Except as otherwise specified, terms in this Article shall have the meaning as defined in Wisconsin Statutes Section 66.0615. (1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b) and (c) insofar as applicable. (2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code. (B) Room Tax Imposed and Distribution. Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel Commented [LL1]: New Section setting forth general rules applicable to all licenses Commented [LL2]: Room Tax moved to Chapter 3 Finance City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 6 Municipal Codes operators, lodging marketplaces, owners of short-term rentals and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be at the rate of ten percent (10%) of the gross receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2) of the Wisconsin Statutes. The proceeds of such tax shall be remitted monthly to the City Treasurer. (1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows: a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for long term debt obligations associated with the Oshkosh Convention Center. b. 2% of the room tax shall be used for the purpose of fulfilling the City’s obligations towards operations and maintenance of the Oshkosh Convention Center, as well as other costs incurred by the City to support tourism in the City of Oshkosh. c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau, hereby designated as a tourism entity as that term is defined in section 66.0615 Wisconsin Statutes. (C) Room Tax Permit. Every person furnishing rooms or lodging under Subsection (B) shall file with the City Treasurer an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the City Treasurer and shall set forth the name under which the applicant intends to transact business, the location of the place of business, and such other information as the City Treasurer requires. The application shall be signed by the owner if a sole proprietor and, if not a sole proprietor, by a person authorized to act on behalf of such applicant. At the time of making an application, the applicant shall pay such fee as may be established by the Council by Resolution. Upon submission of a completed application, and deposit of security if required under subsection H below by the applicant, the City Treasurer shall grant and issue to the applicant a separate permit for each place of business within the City. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued. The permit shall remain valid so long as the permittee shall own and operate the permitted hotel, motel, short term rental or other lodging and only so long as permittee is in compliance with the provisions of this Article. Upon sale or other transfer of ownership of the premises or business such permit shall automatically expire. (D) Filing of Room Tax Returns. This Article shall be administered by the City Treasurer. The tax shall be payable monthly and shall be received by the City no later than the last business day of the month next succeeding the calendar month for which imposed. (1) Direct Filing. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 7 Municipal Codes Except as provided below, a return shall be filed with the City Treasurer by persons furnishing at retail such rooms and lodging on or before the same date on which such tax is due and payable. Such return shall show the gross room receipts of the preceding calendar month from such retail furnishing of rooms or lodging, the amount of room taxes imposed for such period, and such other information as the City Treasurer deems necessary. The City Treasurer may, for good cause, extend the time of filing of any return, but in no event longer than one month from the scheduled filing date. (2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department of Revenue. If a short term rental is rented through a lodging marketplace that is registered with the State Department of Revenue, the lodging marketplace may collect the room tax as provided in Section 66.0615(5) of the Wisconsin Statutes and pay the required room tax directly to the City. The owner of the short term rental shall submit a monthly return which shall indicate which rentals have been made and that room taxes have been collected through the registered lodging marketplace. Room taxes shall be submitted for any rentals where room tax is not collected and submitted through the lodging marketplace. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, Owner shall remain responsible for any room tax payments not submitted through the Lodging Marketplace. (E) Liability for Tax on Sale or Transfer of Business. If any person liable for any amount of tax under this section sells the business or stock of goods or quits the business, such person’s successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the City Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount from the purchase price as required, that person shall become personally liable for payment of the amount required to be withheld to the extent of the price of the accommodations valued in money. (F) Records and Audits. Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the City Treasurer requires. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may, by office or field audit, determine the tax required to be paid to the City or the refund due to any person under this section. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the City Treasurer's possession. The City Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person in order to verify the tax liability of that person or another person. The permit of any person who is subject to the tax imposed by this section who fails or refuses to City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 8 Municipal Codes permit the inspection of his records by the City Treasurer after such inspection has been duly requested by the City Treasurer may be revoked as provided under paragraph (G)(6) below. (G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or Failure to File Returns. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following Remedies and Penalties shall apply to violations of this Article: (1) Failure to Obtain Permit. Any person in violation of the terms of this section by failing to obtain and/or maintain a permit, when such permit is required, shall be subject to a penalty of seventy-five dollars ($75.00) plus the costs of prosecution per day for each violation. Each room or unit separately rented or offered for rent, and each day of such rental or offer for rental of such unit, shall be a separate violation. In addition, the City may obtain an appropriate order for injunctive relief to discontinue violation of this section. (2) Delinquent Tax Returns. Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a delinquent return, the entire tax finally determined shall be subject to a penalty of 25 percent of the tax, exclusive of any interest or other penalties; or $5000 whichever is less. The City Treasurer shall determine the amount required to be paid and shall notify the person submitting the return, together with the permit holder if that is a different person, of the assessment of the penalty. (3) Failure to File Return, Failure to Pay Tax Due. If any person fails to file a return as required by this section, fails to pay the tax due upon the return or files an incomplete, incorrect or fraudulent return, the City Treasurer shall make an estimate of the amount of the gross receipts. Such estimate shall be based upon any information which is in the City Treasurer's possession or may come into his/her possession. On the basis of this estimate, the City Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum arrived at a penalty equal to 25 percent thereof or $5000 whichever is less. (4) Penalties – When Due. Any Penalty assessed by the City Treasurer under this section shall be due in full within 30 days from the date of the notice and invoice of the penalty amount. (5) Interest. All unpaid taxes or assessments under this section shall bear interest at the rate of 1 percent per month from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the City Treasurer. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. No interest shall accrue on any over- City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 9 Municipal Codes payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month from the due date of the penalty until paid. (6) Suspension or Revocation of Permit. The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with respect to administrative procedure in regard to revocation or suspension proceedings under this Article. When any person fails to comply with this section, the City Treasurer may, upon 10 days notification and after affording such person the opportunity to show cause why their permit should not be revoked, revoke or suspend any or all of the permits held by such person. The City Treasurer shall give to such person a written determination regarding the suspension or revocation of any permits. The permit holder or their authorized representative may request a review of such decision by filing a request for review with City Treasurer within ten (10) calendar days of mailing of the original determination of the City Treasurer. The request shall state the basis for the request and additional information may be presented at that time. The City Treasurer shall schedule a hearing for requests for review and within 20 days of the date of hearing shall make a determination in writing which shall be mailed to the permit holder and their authorized representative, if applicable. Such determination shall be a final determination subject to judicial review as provided in Section 68.13 of the Wisconsin Statutes. The City Treasurer shall not issue a new permit after the revocation of a permit unless he/she is satisfied that the holder of the permit will comply with the provisions of this section. The fee for renewal or issuance of a permit which has been previously suspended or revoked shall be the same as for a new permit and shall be established by resolution of the Council. (H) Security may be Required. In order to protect the revenue of the City, the City Treasurer may require any person liable for the tax imposed by this section to place with the City, before or after a permit is issued, such security, not in excess of $5,000 as the City Treasurer determines. If any taxpayer fails or refuses to place such security, the City Treasurer may refuse to issue or may revoke any permit issued under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this section, the City Treasurer may, upon 10 days notice, recover the taxes, interest and penalties from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or allowed by the City to any person for the deposit of such security. (I) Confidentiality. All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on file with the City Treasurer, are deemed to be confidential, except the City Treasurer may divulge their contents to the following, and no others: City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 10 Municipal Codes (1) The person who filed the return. (2) Officers, agents, or employees of the Federal Internal Revenue Service or the State Department of Revenue. (3) Officers, employees, or agents of the City of Oshkosh as may be necessary to administer this Article and/or to enforce collection. Statistics and other information may be disclosed or published provided that the information does not disclose the identity of particular individuals or businesses. No person having an administrative duty under this section shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided in this sub-section. Any person who shall violate the provisions of this subsections shall be subject to a forfeiture not to exceed $200. (J) Separability and Conflict If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are repealed. SECTION 8-1.2 SHORT TERM RENTALS (A) Purpose. The purpose of this Article is to ensure that the quality of short-term rentals operating within the City is adequate for protecting public health, safety and general welfare, including establishing minimum standards of space for human occupancy and for an adequate level of maintenance; determining the responsibilities of owners, operators and property managers offering these properties for tourists or transient occupants, to protect the character and stability of all areas, especially residential areas, within the City of Oshkosh; to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof. (B) Definitions. (1) For the purpose of administering and enforcing this Article, the terms or words used herein shall be interpreted as follows: (a) Words used in the present tense include the future. (b) Words in the singular number include the plural number. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 11 Municipal Codes (c) Words in the plural number include the singular number. (2) The following definitions and conditions apply unless specifically modified: Department of Community Development. The City Department of Community Development of the City of Oshkosh or designee. Corporate Entity: A corporation, partnership, limited liability company, or sole proprietorship licensed to conduct business in this state. Dwelling Unit: One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one (1) person or one (1) family. Dwelling Units include residential, tourist rooming house, seasonal employee housing and dormitory units. License. The Short-Term Rental License issued under 8-1.2 Owner. The owner of a short-term rental. Person. Shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the word person is used in any section of this Article prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members hereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section. Resident Agent. Any person appointed by the owner of a short-term rental to act as agent on behalf of the owner. Short Term Rental. A residential dwelling unit that is offered for rent for a fee and for fewer than 29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk). State. The State of Wisconsin Department of Health, or its designee. (C) Operation of Short-Term Rentals. (1) No person may maintain, manage, or operate a short-term rental more than 16 nights each year without a short-term rental license. Every short-term rental shall be operated by a Property Owner or a Resident Agent (2) Each short-term rental is required to have the following licenses and permits: (a) A Winnebago County Tourist Rooming House License or Winnebago County Bed and Breakfast License; (b) A Seller’s Permit, if required by the Wisconsin Department of Revenue; (c) A Room Tax Permit; and (d) A permit or license issued pursuant to the provisions of this Article. (3) Each short-term rental shall comply with all of the following: (a) The total number of days within any consecutive 365-day period that the dwelling may be rented shall not exceed 180 days. (b) No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood. (c) There shall not be excessive noise, fumes, glare, vibrations generated during the use. (d) Name plates or other signage shall not exceed zoning code allowances for Building Management Identification Sign. No other signage advertising the short-term rental is City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 12 Municipal Codes permitted on site. Off-site advertising in media channels relating to the availability of the rental may take place only after all City, County and State permits and licenses have been obtained. (e) The number of occupants in any unit shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable county and City housing regulations based upon the number of bedrooms in each unit. (f) No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees. (g) Any outdoor event held at the short-term rental shall last no longer than one day occurring between the hours of 8:00 a.m. and 10:00 p.m. Any activities shall be in compliance with other noise regulations of the City. (h) All rentals of the short-term rental shall be subject to payment of the City of Oshkosh room tax at the current applicable rate. Permit holders are responsible for complying the City’s Room Tax and Permit Regulations. (i) Compliance with all state, county, and local regulations is required. (j) A short-term rental license will not be issued until the following contingencies have been met: (1) County health department inspection completed and license issued; (k) Short-term rental licenses are issued for one year period and must be renewed annually subject to City approval or denial. (D) Short-Term Rental License. (1) The Department of Community Development shall issue a short-term rental license to all applicants following the approval of an application and the filing of all documents and records required under this Article. The application shall also contain the following information: (a) Identify the Property Owner; (b) Identify the Resident Agent with contact information; (c) The maximum occupancy for the premises; (d) The license term; (e) State lodging license number, if any; and (f) Contact information for the City. (2) The resident agent must be authorized to allow City employees, officers and their designees, to enter the owner’s property for purposes of inspection and enforcement of this Article and the Municipal Code. (E) Short-Term Rental License Procedure. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 13 Municipal Codes (1) All applications for a short-term rental license shall be filed with the Department of Community Development on forms provided. Applications must be filed by the property owner or on the owner’s behalf by the Resident Agent. No permit shall be issued unless the completed application form is accompanied by payment of the required fee. (2) Each application shall include the following information and documentation for each short-term rental unit: (a) Winnebago County License for a Tourist Rooming House License or Bed and Breakfast License issued under Wis. Stat. Sec. 254.64; (b) A copy of a completed State Lodging Establishment Inspection form dated within (c) one (1) year of the date of issuance or renewal; (d) A Seller’s Permit, if required by the Wisconsin Department of Revenue; (e) Designation of the Resident Agent (if applicable); (f) Certification from the owner or licensee that the property meets the requirements of this Article; (3) Terms and Filing date. Each permit and license shall run during a calendar year. The filing fee shall be paid upon filing of the application. The Department of Community Development may conditionally accept late applications, subject to payment of the late filing fee. Any application which does not include all of the information and documentation shall not be considered as complete. (4) Application Review Procedure. When satisfied that the application is complete, the Department of Community Development shall forward initial applications for permits and licenses to the appropriate City Departments for review. If the Department of Community Development in consultation with City staff determines that the application meets the requirements of this Article, they may approve the application. If the Department of Community Development in consultation with City staff determines that the application does not meet the requirements of this Article, they may deny the application. (F) Renewal. (1) Each application for a renewal of a permit or license shall include updated information for the documentation on file with the Department of Community Development and payment of the applicable fee. The Department of Community Development shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this Article. The Department of Community Development shall request reports from the City of Oshkosh Police regarding any complaints received, calls for service or actions taken regarding the short-term rental properties. The Department of Community Development shall issue renewal licenses within thirty (30) days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this Article and/or the reports from the Police Department and the Zoning Administrator indicate that there are complaints or actions involving the property. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 14 Municipal Codes (2) If the Department of Community Development finds that the license or permit should not be renewed, the Department of Community Development shall deny the renewal. (3) No permit or license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the City, or is under an order issued by the Building Inspector, or his designee, to bring the premises into compliance with City ordinances, unless arrangements for payment have been approved by the Department of Community Development. (G) Resident Agent. (1) All short-term rentals are required to appoint a Resident Agent for the receipt of service of notice of violation of this Article’s provisions and for service of process pursuant to this Article. Such a designation shall be made by the owner and shall accompany each application form. Said applicant shall immediately notify the Department of Community Development of any change in residence or information regarding the Resident Agent. (2) To qualify as a Resident Agent the person must meet the following requirements: (a) The applicant is authorized by owner to accept service of process for all City communications, citations and orders. (3) Each Resident Agent shall be authorized by the property owner to act as the agent for the owner for the receipt of service of notice of violation of this Article’s provisions and for service of process pursuant to this Article and shall be authorized by the owner to allow City employees, officers and their designees, to enter the owner’s property for purposes of inspection and enforcement of this Article and/or the City Municipal Code. (H) Standards for Short-term Rentals. (1) Each short-term rental shall comply with this Article’s requirements or any other applicable City ordinance. Each short-term rental shall comply with the following minimum requirements: (a) Not less than one (1) bathroom for every six (6) occupants; (b) Not less one hundred fifty (150) square feet of floor space for the first occupant thereof and at least an additional one hundred (100) square feet of floor space for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determined using interior measurements of each room. Floor space does not include kitchens, bathrooms, closets, garages, or rooms not meeting Uniform Dwelling Code requirements for occupancy. The maximum occupancy for any premises without a separate enclosed bedroom is two (2) people; (c) Not less than one (1) onsite off-street parking spaces for every four (4) occupants based upon maximum occupancy; (d) A safe, unobstructed means of egress leading to safe, open space at ground level; (e) Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative Code; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 15 Municipal Codes (f) Shall not have an accessible wood burning fireplace unless the property owner provides a certificate from a certified HVAC / Fireplace Installer or technician, dated not more than thirty (30) days prior to submission, certifying that the fireplace and chimney have been inspected and are in compliance with National Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances; (g) Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose on any balcony, deck or under any overhanging structure or within ten (10) feet of any structure; (h) Certification of compliance. As a condition of issuance of a license under this Article, the Owner / Resident Agent shall certify that property is in compliance with the terms and conditions of the license and this Article. (I) Room Tax. (1) Each short-term rental shall comply with the room tax reporting requirements of the City Municipal Code Chapter 8-1.1 (2) All tax returns and supporting documentation filed with the Department of Community Development are confidential and subject to the protections provided under City Municipal Code 8-1.1and Wis. Stat. Sec. 66.0615 (3) and Wis. Stat. Sec. 77.61. (J) Display of Permit. Each license or permit shall be displayed on the inside of the main entrance door of each short- term rental. (K) Appeal and License Revocation. (1) The denial of any license or permit application or renewal under this Article may be appealed by filing a written appeal request with the Department of Community Development within ten (10) days of the City’s notice of denial. The appeal shall be heard by the Board of Appeals. (2) A license may be revoked for one or more of the following reasons: (a) For non-payment of taxes or other charges as provided under Section 8-88 of this code; (b) Failure to comply with the City of Oshkosh Room Tax and Permit Ordinance; (c) Three (3) or more calls for police service, building inspection or the health department for nuisance activities or other law violations in a twelve (12) month period as defined in Sec. 17-38.1, Chronic Nuisance Premises; (d) Failure to obtain all necessary county and state permits and licenses within twelve (12) months of obtaining the City license; (e) Failure to maintain all required local, county, and state licensing requirements; (f) Failure to use the property as a short-term rental within twelve (12) months of obtaining the City license; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 16 Municipal Codes (g) Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood. (L) Penalties. (1) Any person who shall violate any provision of this Article shall be subject to a penalty as provided in Chapter 8-1.06 (2) Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this Article or otherwise. (M) Fees. Fees for licenses required by this Article are due and payable before issuance of a new license and renewal license annually before January 1 of each year. All frees for these services will be listed on the Planning Services Division fee schedule and will be established by resolution. ARTICLE II. REGISTRATION OF ENTERTAINERS SECTION 8-2 REGULATION OF ESCORT SERVICES (A) DEFINITIONS. For the purposes of this Section, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise. (1) “Escort” means any person who, for a fee commission, salary, hire, profit, payment or other monetary or other valuable considerations, accompanies or offers to accompany another person to or about social affairs, entertainments or places of amusement, or who may consort with another person about any place of public resort or within any private quarters. (2) “Escort service” means service provided by any person who, for a fee commission, salary, hire, profit, payment or other monetary or other valuable considerations, furnishes or offers to furnish names of escorts who may accompany or offers to accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. (3) “Person” means any individual and includes and applies to associations, clubs, societies, firms, partnerships, corporations or other business ventures, and bodies politic and corporate. (B) LICENSE/REGISTRATION REQUIRED. (1) No escort service shall operate or be maintained in the City without first obtaining from the Common Council a license to operate issued as provided in this Section. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 17 Municipal Codes A license may be issued only for one escort service located at a fixed and certain place, and must be displayed at all times in a space fully visible to those on the subject premises. Any person, including partnership or corporation, which desires to operate more than one escort service must have a license for each service. (i) The location to be licensed under this Section shall comply with all applicable building and zoning code provisions of this Code. (ii) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy, or exercise control of any building, structure, premises, or portion or part thereof, for which a license is required by this Section, if otherwise allowed, that is located closer than 500 feet from the nearest lot line, that is the legal boundaries of a parcel of property, of a similar establishment, or, if so licensed, of another Class "B"/"Class B" establishment, or any facility governed by Sections 15-19 or 18-9 of this municipal code, or any school (whether pre-school, elementary, middle or high school, whether public or private), or any residentially zoned property, library, church or chapel, park or playground, or licensed day- care facility. (a) No license or interest in a license may be transferred to any person, including partnership or corporation. (2) All operators or any person working for any escort service and any independent contractors shall, prior to beginning employment or contracted duties, register and obtain a photo identification card from the City Clerk as provided in this Section. Such card shall be carried on the person at all times and shall be kept available for production upon request; failure to comply with this requirement shall be deemed a violation of this Section. (C) APPLICATION. Any person desiring to secure a license or photo identification card under this Section shall make application to the City Clerk, accompanied by a receipt from the City showing payment of the appropriate fee. (1) The application shall be on a form approved by the City Clerk. An applicant (which shall include each partner and limited partner of a partnership applicant, each officer and director of a corporate applicant, each stockholder holding 10% or more of the stock or beneficial ownership and every other person who is interested directly in the ownership or operation of the business) shall furnish the following information: (a) Name and address, including all aliases; (b) a picture identification card establishing that the individual(s) is(are) at least eighteen (18) years of age; (c) All residential addresses for the applicant(s) for the past ten (10) years; (d) The business, occupation or employment of the applicant(s) for ten (10) years City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 18 Municipal Codes immediately preceding the date or application, (e) Whether the applicant(s) previously operated in this or any other state, county or municipality under an escort service license or similar business license, or registration system; whether the applicant has ever had such a license or photo identification card revoked or suspended, the reason therefor and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation; (f) All criminal violations, whether federal or state, or municipal ordinance violation convictions, forfeiture of bond and pleadings of no contest on all charges, except minor traffic violations; (g) Fingerprint registration with the Police Department and photograph on file with the Oshkosh Police Department; (h) The address of the escort service to be operated by the applicant, or the address of the escort service for which the individual will be an escort; (i) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and all officers and directors of the corporation. (D) STANDARDS FOR ISSUANCE. To receive a license to operate an escort service, or to receive an identification card, an applicant must meet the following standards: (A) If the applicant is an individual: (a) The applicant shall be at least eighteen (18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, the applicant shall not have been convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately preceding the date of the application; (c) The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (B) If the applicant is a corporation: (a) All officers, directors and others required to be named under this Section shall be at least eighteen (18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, no officer, director or other person to be named under this Section shall have been convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately preceding the date of the application; (c) No officer, director or other person required to be named under this Section shall not have been found to have previously violated this ordinance within five (5) City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 19 Municipal Codes years immediately preceding the date of the application. (C) If the applicant is a partnership, joint partnership, or any other type of organization where two or more persons have a financial interest: (a) Each person having a financial interest in the partnership, joint partnership or other type of organization shall be at least eighteen (18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, no person having a financial interest in the partnership, joint partnership or other type of organization shall have been convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately preceding the date of the application; (c) No person having a financial interest in the partnership, joint partnership or other type of organization shall have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (D) No license or photo identification card, or any renewal thereof, shall be issued unless the Police Department has investigated the applicant's qualifications to be licensed or registered, which shall be completed within five (5) business days of referral to the Department. (E) TERM; RENEWAL. Every license or identification card issued pursuant to this Section will terminate on December 31st following its issuance, unless sooner revoked, and must be renewed before operation is allowed or escort services provided in the following year. Application for renewal shall be on a form provided by the City Clerk, shall contain the information required in subsection (C) of this Section, and shall be accompanied by a receipt from the City showing payment of the appropriate fee. Subsections (D) and (G) shall apply to all renewals. (F) DENIAL OR NONRENEWAL OF APPLICATION OR REGISTRATION (1) Whenever an initial application or a renewal thereof is denied, the City Clerk shall notify the applicant in writing of the reasons for the decision and shall notify the applicant of any appeal rights. Within five (5) business days of said decision, such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (2) Within ten (10) business days of service of such notice, the applicant shall file with the City Clerk a written appeal of the denial, containing the reasons for such appeal. The Clerk shall then schedule a time at the Common Council’s next regular meeting, following the conclusion of the Council’s regular agenda, at which time the applicant can present the appeal in person, subject to questioning as may be appropriate. Within five (5) business City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 20 Municipal Codes days of receipt of such appeal, the Clerk shall notify the applicant in writing of the date, time and place when the applicant’s appeal shall be heard. Such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (3) The Council shall hear and decide all appeals under this Section by majority vote of the membership of the Council. The Clerk shall notify the applicant of the decision. Within five (5) business days of said decision, such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (4) Any party to an appeal, as outlined in this subsection, may seek review thereof by certiorari to be filed in a court of competent jurisdiction within ten (10) business days of the date of service of the Council’s decision. Based only on the record of proceedings before the Council, the court may affirm or reverse the final determination, or remand to the Council for further proceedings consistent with the court’s decision. The court may also order costs to the prevailing party as is appropriate. (a) If review is sought, the record of proceedings shall be transcribed at the expense of the person seeking review. A transcript shall be supplied to anyone requesting the same at the requester’s expense. By stipulation, the court may order a synopsis of the proceedings in lieu of transcript. The court may otherwise limit the requirement for a transcript. (G) SUSPENSION OR REVOCATION OF LICENSE OR CARD. Any license or photo identification card issued under this Section may be suspended for not less than ten (10) nor more than ninety (90) days, or revoked. To the extent practicable, Section 125.12(2), of the Wisconsin Statutes, shall govern the proceedings for suspension or revocation, and judicial review thereof. (1) Grounds for suspension or revocation, non-issuance or non-renewal shall include: (a) Any violation of this Section; (b) The person does not possess the qualifications required under this Section to hold the license or photo identification card; (c) The person has been convicted of violations of alcohol beverage regulations as defined in Chapter 125 of the Wisconsin Statues and Chapter 4 of this Code, of crimes against life and bodily security as defined in Chapter 940 of the Wisconsin Statutes, of crimes against public health and safety as defined by Chapter 941 of the Wisconsin Statutes, of crimes against property as defined by Chapter 943 of the Wisconsin Statutes, of crimes against sexual morality as defined by Chapter 944 of the Wisconsin Statutes, of crimes of interference with law enforcement as defined by Sections 946.31 through 946.50, inclusive, of the Wisconsin Statutes, of crimes against public peace, order and other interest as defined by Chapter 947 of the Wisconsin Statutes, of crimes against children as defined in Chapter 948 of the Wisconsin Statutes, of violations of the uniform controlled substances act as defined by Chapter 961 of the Wisconsin Statutes, or comparable municipal ordinance, in any jurisdiction; or the person knowingly allows another person, who is either on City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 21 Municipal Codes the premises for which the license under this Section is issued or is the recipient of an escort service, to commit a violation of the offenses outlined in this paragraph. (d) Any act or omission of any employee or independent contractor constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or non-renewed. (H) RESPONSIBILITIES OF THE OPERATOR (1) The operator of an escort service shall maintain a register of all employees, or independent contractors, showing the names and aliases used by said individuals, together with the home address, birth date, sex, telephone numbers, Social Security Number and date of employment or service and termination. The foregoing information on each shall be maintained in the register on the premises for a period of three (3) years following termination. (2) The operator of an escort service shall make the register available immediately for inspection by police upon demand at all reasonable times. (3) Every act or omission by an employee or independent co-contractor constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct. The operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. (I) FEES. The application fee for a license, or any renewal thereof, shall be $500. The application fee for a photo identification card, or any renewal thereof, shall be $100. There is no proration of fees for any license or card issued for less than a one-year period, nor shall there be any prorated refund for license or card that is suspended or revoked. If the application for the initial license or card, or any renewal thereof, is denied, the fee, less any administrative costs, shall be refunded. (J) EXEMPTIONS. This Section does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the City of Oshkosh pursuant to a specific statute or ordinance, and employees employed by a business so licensed and which performs as an escort or an escort service function as a service merely incidental to the primary function of such profession, employment or business and which do not hold themselves out to the public as an escort or an escort service. (K) PENALTIES. Any person, partnership, corporation or other entity, who violates any of the provisions of this Section shall, upon conviction thereof, be punished by a forfeiture of not less than $250 nor more than $1000, together with the costs of prosecution, and in default of payment thereof by imprisonment in the County Jail for a period not to exceed sixty (60) days. In addition, a person convicting of violating this provisions of this Section shall be subject to suspension or City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 22 Municipal Codes revocation by a court of record of his/her operating privileges as provided within Chapter 343 of the Wisconsin Statutes. Each day of violation shall constitute a separate offense. SECTION 8-3 RESERVED SECTION 8-4 RESERVED ARTICLE III. COMMERCIAL QUADRICYCLES SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Applicant” means the owner of a Commercial Quadricycle seeking to obtain a Commerical Quadricycle License. (2) “Commercial Quadricycle” has the meaning given in section 340.01 of the Wisconsin Statutes. (3) “Driver” means a person who is at least 18 years of age, holds a valid driver’s license, and who is responsible for steering and all other operations and functions of a Commercial Quadricycle. “Driver” does not mean those passengers who are pedaling or have the opportunity to pedal. (4) “Fermented Malt Beverages” has the meaning given in section 125.02 of the Wisconsin Statutes. (5) “License” means a Commercial Quadricycle license issued in accordance with the provisions of this section. (6) “Licensee” means an Applicant who has obtained a Commercial Quadricycle License. (B) Commercial Quadricycle License (1) No Commercial Quadricycle shall be operated within the City of Oshkosh without a License issued by the Common Council as provided for in this section. (2) Licenses are issued on a calendar year basis and expire on December 31st of each year. There shall be no pro rata or other reductions for applications made, or for the termination of operations, during the calendar year. Commented [LL3]: No changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 23 Municipal Codes (3) Licenses are not transferrable. (C) License Application (1) Applicants for a License shall submit an application on a form provided by the Department of Community Development and pay a nonrefundable application fee of $100.00 dollars. There will be no additional fee in the event a License is issued. (2) Licenses are issued one per Commercial Quadricycle. If an Applicant owns more than one Commercial Quadricycle, the Applicant will need to apply for a License for each Commercial Quadricycle. (3) Applications shall include the following minimum information: (a) Name, address, and telephone number of the applicant. If the applicant is a legal entity, then the application shall also identify the person who is authorized to act in all respects for the entity. (b) The serial number of the Commercial Quadricycle, the number of persons the Commercial Quadricycle is designed to carry, and a photograph of the Commercial Quadricycle. (c) A detailed description and map of the proposed route(s) on which the Commercial Quadricycle is to be operated, including the location of where passengers will be picked up and dropped off and where the Commercial Quadricycle is intended to be parked. (d) Proof of liability and property insurance in amounts and in the form required by the City at the time of application. (e) All additional information as the City may require. (4) The Department of Community Development shall forward the application to the Common Council for consideration as an action item. The Department of Community Development shall also provide Common Council with a report and recommendation. Prior to forwarding the application to Common Council, the Department of Community Development may consult with the applicant, City Departments, City Boards or Commissions, or others deemed by the City as having information or interests that may assist the Common Council when making their decision on the application. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 24 Municipal Codes (5) Prior to the issuance of any License, the Commercial Quadricycle shall be examined by the Oshkosh Police Department. If the Commercial Quadricycle is found to be in a satisfactory and safe condition for the transportation of passengers, in clean and good appearance, and in compliance with all other provisions of this Article and State Law, the Oshkosh Police Department shall file a report with the Department of Community Development confirming compliance. If such examination shows that the Commercial Quadricycle is not in satisfactory condition, the Oshkosh Police Department shall file a report of noncompliance and the License shall not be issued. (6) If the application is approved by Common Council, and a report of compliance is received from the Oshkosh Police Department, the Department of Community Development shall issue a written License for the Commercial Quadricycle. (7) A Licensee is required to comply with the route(s) and other conditions of the License. New or temporary routes, or other changes of terms, must be approved by the Common Council by filing an amended application with the Department of Community Development. There shall be no fee for amended applications from the same Licensee. (D) License Denial, Revocation, and Appeals (1) Applications for a License may be denied by the Common Council if it appears that the approval of the application will for any reason be detrimental to the public health, safety, and welfare. (2) Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (3) Any Commercial Quadricycle License may be revoked by Common Council for one or more of the following reasons: (a) The Licensee, including any owner, manager, agent, or employee of the Licensee, has violated the terms of the License, or any provision of this section, or any other rule, regulation, or code that applies to a Commercial Quadricycle, including state law. (b) The Licensee, including any owner, manager, agent, or employee of the Licensee has been convicted of a felony or misdemeanor that substantially relates to the operation of a Commercial Quadricycle. (E) Restrictions on Operation of Commercial Quadricycles City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 25 Municipal Codes (1) Commercial Quadricycles shall only be operated on routes specified in the approved License application. (2) Commercial Quadricycles shall not be operated or parked on a public sidewalk, recreation trail, or river walk. (3) Commercial Quadricycles shall not use any public street or any other public property as a loading, unloading, parking, or waiting area unless such area is a legal motor vehicle parking space. (4) Commercial Quadricycles shall not load or unload passengers in any traffic lane, or in any manner that will in any way adversely affect the safety of passengers or the public, or will impede or interfere with the orderly flow of traffic on the streets. (5) Commercial Quadricycles shall not be occupied by passengers or available to carry passengers after 10:30 pm or before 10:00 am. (6) Commercial Quadricycles shall be operated in compliance with applicable state and local traffic and parking laws and in a manner so as to assure the safety of persons and property. (7) Commercial Quadricycles shall be driven by persons having in their possession proof of insurance and a valid driver’s license. (8) No glass containers are allowed on a Commercial Quadricycle. (9) No music or amplified sound shall be played, nor noisemakers used, nor yelling or conversation conducted, in such a manner that the sound carries to nearby residences, businesses, or properties, and is audible above the level of conversational speech at a distance of twenty-five (25) feet from the point of origin from the sound. (10) The License shall be prominently displayed on the Commercial Quadricycle so that the public, passengers, and City employees or representatives may easily view the content of the License. (11) Commercial Quadricycles shall not be driven by anyone that consumes alcohol while the Commercial Quadricycle is occupied by passengers, including any stops, breaks, or transport to and from active operations. (12) Commercial Quadricycles shall not be driven by anyone who has an alcohol concentration of more than 0.02. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 26 Municipal Codes (13) No alcohol beverages other than Fermented Malt Beverages shall be carried or consumed on a Commercial Quadricycle. (14) No alcohol beverage shall be sold on a Commercial Quadricycle. This includes the prohibition of delivery on the Commercial Quadricycle of alcohol beverages previously sold by a caterer. (15) Each passenger on a Commercial Quadricycle is permitted to carry on to the Commercial Quadricycle up to 36 ounces of Fermented Malt Beverages. No other alcohol beverages may be possessed on, carried upon, or consumed on a Commercial Quadricycle by passengers. (16) Any police officer of the City, County, or State may at all reasonable times, inspect any Commercial Quadricycle that is licensed under this Article and may prohibit the use of any Commercial Quadricycle that is found to be unsafe, not in proper repair, or not otherwise in compliance with this Article or State law. (F) Penalties: In addition to other fines, penalties, and/or charges that can be imposed under Municipal Code and state law, the violation of the terms of this Section by the Licensee, or any person, organization, or entity violating this Ordinance or responsible for violating this Ordinance, shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this Section by immediately revoking the License, seeking injunctive relief, and all other remedies available in law and equity. SECTION 8-6 RESERVED SECTION 8-7 RESERVED SECTION 8-8 RESERVED SECTION 8-9 RESERVED ARTICLE IV. MURALS SECTION 8-10 MURALS (A) Definitions 1. Mural: A one-of-a-kind, hand-produced, or digitally printed work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the building owner. a. Murals may not contain a Commercial Message as defined in Chapter 30 of this Code. Commented [LL4]: No changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 27 Municipal Codes 2. Mural Attribution and Sponsorship Recognition: a. Mural Attribution: Information located within or adjacent to a mural that identifies the artist name(s) and/or artist’s business name. Mural Attributions must meet the following requirements: i. Attribution shall contain only the artist name(s) and date ii. Number of Attribution areas #: one (1) for each mural iii. Attribution Placement: if incorporated into mural 1. Attribution area: maximum size no more than 10% of mural size or no larger than 3 square feet, whichever is less. iv. Attribution Placement: if adjacent to mural 2. Attribution area: must be within Sponsorship Recognition area b. Sponsorship Recognition: Information located adjacent to a mural that identifies the mural sponsor’s name or sponsor’s business or association name. Sponsorship Recognitions must meet the following requirements: i.Shall contain only a sponsor’s name ii. Number of Sponsorship Recognition areas: one (1) area shall be permitted for each mural which may contain any number of individual sponsors iii.Sponsorship Placement: adjacent to mural iv.Sponsorship Recognition area: maximum size = 11” x 17” v.Sponsorship Recognition placement: wall mounted vi. Sponsorship Recognition text: A uniform font must be used for the entire sponsorship recognition; different fonts are not permitted. The Sponsorship Recognition should only contain text; logos are not permitted. vii.Must meet current ADA requirements (B) Mural Permit No mural shall be installed unless a mural permit is obtained by the owner, or their agent, from the Planning Services Manager, or their designee. (C) Application Requirements Permit application shall contain, but not be limited to, the following information: 1. Site plan showing the lot and building dimensions and indicating the proposed location of the mural. 2. Pictures of the building elevations. 3. A scaled drawing of the building elevation showing the proposed size and placement of the mural. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 28 Municipal Codes 4. A colored draft of the proposed mural. 5. A description of the proposed maintenance schedule that includes the timeframe for the life of the mural and method for removal, if applicable. 6. Mural material and how it will be attached (D) Fees The Mural Permit application fee shall be as established by Resolution of the Common Council. See the Fee Schedule for details. (E) Prohibited Mural Types 1. Murals or other representations which imitate or appear to imitate any official traffic sign or device which appears to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic. 2. Murals are prohibited in all Residential Zoning Districts: Single Family Residential-2, Single Family Residential-3, Single Family Residential-5, Single Family Residential-9, Duplex Residential-6, Two Family Residential-10, Multi- Family Residential-10, Multi-Family Residential-12, Multi-Family Residential-20, Multi-Family Residential-36, Mobile Home Residential-9 3. Murals are not permitted on the primary façade of a building. A primary façade is defined (for purposes of this section) as the building elevation that faces the adjacent street right-of-way and is the primary customer entrance. 4. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of a structure that would diminish the structural integrity. 5. Murals shall not project from the wall surface, other than the minimum necessary protrusion to mount the mural to the wall or structure. 6. Murals containing true threats (a serious expression of an intent to commit an act of unlawful violence). 7. Murals containing a Commercial Message as defined in Chapter 30. 8. Murals containing obscene content. For purposes of this section, any material is obscene if applying contemporary community standards: a) The predominant appeal is to a prurient interest in sex; and b) The average person would find the material depicts or describes sexual content in a patently offensive way; and c) A reasonable person would find the material lacks serious literary, artistic, political, or scientific value. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 29 Municipal Codes (F) Standards 1. Surface Preparation. Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes in any historic district or any building on the Local, State, or National Register of Historic Buildings. (G) Maintenance 1. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the Planning Services Manager, or their designee. 2. The display surface shall be kept clean and neatly painted and free from corrosion. 3. Any mural that is not maintained, faded, or is in disrepair shall be removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material as ordered by the Planning Services Manager, or their designee. (H) Mural Permit Approval 1. No mural permit shall be approved unless the Planning Services Manager, or their designee, shall find that the requirements of this Section have been fulfilled. 2. Permit Denial. A mural permit applicant may appeal the decision of the Planning Services Manager to deny a mural permit. Said appeal shall be made in writing to the Planning Services Manager and said appeal shall be made within 30 days of the decision by the Planning Services Manager to deny the permit. Appeals will be heard by the Board of Appeals to determine if the Planning Services Manager’s decision to deny the permit is consistent with the provisions of this Section of the Municipal Code. SECTIONS 8-11 THROUGH 8-38 RESERVED ARTICLE V. RESERVED SECTION 8-39 RESERVED SECTION 8-40 RESERVED SECTION 8-41 RESERVED City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 30 Municipal Codes SECTION 8-42 RESERVED ARTICLE IXV. AMBULANCE AND MEDICAL TRANSPORT SERVICES SECTION 8-6920 AMBULANCE AND MEDICAL TRANSPORT SERVICES. I. Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5) and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are properly served in emergency circumstances through the City of Oshkosh’s emergency transport, and all non-emergency transport operators are providing legitimate and transparent services. The Common Council has determined that generally limiting emergency response services to the Oshkosh Fire Department and providing for supplemental emergency response services to be controlled by the Oshkosh Fire Department, whose members are specially and highly trained in emergency response, will provide for a more orderly health care process and chain of command at the location of emergency situations that will best serve the health, safety, and welfare interests of the public. In addition, the Common Council has determined that a system of registration and requiring other ambulance service providers operating with this City of Oshkosh to meet certain standards and requirements for service as set forth within this ordinance will also promote an orderly health care process as well as clarity and transparency in services which will best serve the health, safety, and welfare interests of the public. II. Definitions. a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed or constructed, equipped, and intended to be used for and maintained or operated for transportation of patients, except that such motor vehicle owned by, or operated under the direct control of the United States or the State of Wisconsin. b. Ambulance Service Operator: A person engaged in the business of transporting patients by ambulance to or from facilities or institutions providing health services. The term does not include the Oshkosh Fire Department for purposes of this ordinance. c. Emergency transport: Any actual or self-perceived event which threatens life, limb, or the well-being of an individual in such a manner that a need for immediate medical care is created or an event that requires emergent or unscheduled medical attention. Any response requiring the use of lights and/or sirens shall be considered emergency service. d. Non-emergency transport: Planned transport of a person in a medically stable condition on a non-emergency or scheduled basis. The term does not include services of the Oshkosh Fire Department for purposes of this ordinance. e. Paramedic: A person who is specially trained in emergency cardiac, trauma, and other lifesaving or emergency procedures in a training program or course of Commented [LL5]: Moved within Chapter, no changes made City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 31 Municipal Codes instruction resulting in certification as an Emergency Medical Technician – Advanced or Emergency Medical Technician – Paramedic by the National Registry of Emergency Medical Technicians or the Wisconsin Division of Health. Any Emergency Medical Technician – Paramedic must also be CPR-certified, which means they are certified in cardiopulmonary resuscitation according to standards set by the American Heart Association. f. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or helpless, and in need of transportation and/or medical treatment. g. Person: Any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including government agency other than the United States or State of Wisconsin. III. Ambulance Service Within Municipal Boundaries a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within the Oshkosh Municipal Boundaries. i. Except for the City of Oshkosh and/or its agents, no person, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in, or profess to be engaged in, the business or service of the emergency transports of patients originating within the municipal boundaries of the City of Oshkosh. ii. Non-emergency transports of patients or persons within the municipal boundaries of the City of Oshkosh may occur subject to the rules and standards set forth herein. b. Exceptions: The following Ambulance Service Operators may operate within, or respond to calls within, the Oshkosh municipal boundaries: i. Ambulances or similar emergency vehicles operated by or under the direct control of the United States or the State of Wisconsin; ii. Ambulances transporting patients from locations outside the municipal boundaries of the City of Oshkosh into the City of Oshkosh; iii. Ambulances providing assistance to licensed Ambulance Service Operators in the case of a Mutual Aid request by the City of Oshkosh, or a major catastrophe or emergency in which the licensed Ambulance Service Operators of the City of Oshkosh are unable to address the extent of the health needs of the catastrophe, emergency, or extreme system overload; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 32 Municipal Codes iv. Ambulance transports passing through the City of Oshkosh which originated from a point outside the City and having a destination point also outside the City; v. Aircraft, including “Flight for Life” or similar services, that transport patients to or from hospitals within the City of Oshkosh. Such aircraft must be licensed by the State of Wisconsin to perform such services. IV. Registration. All Ambulance Service Operators providing non-emergency transports originating within the municipal boundaries of the City of Oshkosh shall register with the City. Registrations shall be filed with the City Clerk’s office. The Clerk shall maintain the Registrations with the official records of the City, and shall transmit copies of all Registrations, including any supporting documents, to the Fire Chief. The Fire Chief or their designee shall have the authority to enforce the requirements of this Section. The Registration shall be on such forms provided by the City and shall include, at a minimum, the following information: a. Name and complete contact information for Registrant. This includes name, address, telephone numbers, and email addresses. b. Names and contact information for at least one (1) primary and one (1) secondary agent for the Registrant. c. If the Registrant is an entity, identify the state of formation. d. All trade or other corporate names, if any, under which the Registrant does business or proposes to do business. e. A copy of all licenses and/or certificates issued by the State of Wisconsin Department of Health Services or other regulatory body that the Registrant believes enables it to lawfully perform the proposed services within the City of Oshkosh. f. The signature of the Registrant or the Registrant’s authorized representative. g. There shall be no charge for filing the Registration with the City. V. Standards for Operation of Non-Emergency Transports a. Each transport vehicle proposed to be used within the City of Oshkosh by an Ambulance Service Operator shall comply with the following: i. The color scheme, lettering, messaging, and special markings on transport vehicles shall be significantly different from the vehicles of all other Ambulance Service Providers providing services in the City of Oshkosh so that there can be no confusion between the Registrant and other operators that have also submitted registrations. There shall be no use of the words City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 33 Municipal Codes “Oshkosh Fire Department” or variations thereof, located anywhere on the vehicle. ii. Any telephone number that states or implies that it is an emergency number shall be limited to the nationwide designated number for emergencies, which is “9-1-1”. Any other contact numbers shall clearly designate their use for non-emergencies only. iii. Be equipped with radio equipment, as follows: 1. Each transport vehicle shall be equipped with at least one portable radio capable of transmitting on the Federal Communications Commission assigned emergency medical frequency and shall be capable of transmitting from any patient location within the City of Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch. 2. Transport vehicle radio operations shall comply with procedures approved by the Federal Communications Commission and is compatible with the system used by the City of Oshkosh Fire Department. Compatibility shall be determined by the Fire Chief, Oshkosh Fire Department. b. Ambulance Service Operators providing services within the City of Oshkosh shall have in effect for all transport vehicles a sufficient policy of insurance issued by an insurance company licensed to do business in the State of Wisconsin, which shall provide that the insurance company shall be liable for damages of up to one million dollars ($1,000,000) for any accident due to the negligent operation of one of the patient transport vehicles. VI. Response to Incidents a. An Ambulance Service Operator shall not respond to a medical emergency incident within the City of Oshkosh unless called to respond by the Winnebago County Communication Center, the Oshkosh Fire Department, or direct telephone call in circumstances described in subsection III.b. of this section. b. An Ambulance Service Operator receiving a request for an Ambulance to respond to any medical emergency within the City of Oshkosh from any source other than the Winnebago County Communication Center or Oshkosh Fire Department, shall immediately, coincident with its response, provide the Winnebago County Communications Center with all available information as to the nature and location of the emergency. VII. Command at Incident Scene City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 34 Municipal Codes a. Incident Scene and Patient Care. i. Upon arrival on the scene of a medical emergency where patient care is being provided by Oshkosh Fire Department personnel, the Fire Department personnel remain in charge of the incident in accordance with state law. ii. In all instances when the Oshkosh Fire Department personnel are called to an incident, they shall be in command of the incident and for all patient care. iii. It is the obligation of the Ambulance Service Operator personnel to seek out the Fire Department personnel in command of the incident and patient care. iv. In the instances where the Oshkosh Fire Department personnel arrive at the incident first, all subsequent Ambulance Service Operators arriving at the scene shall act under the command of the Oshkosh Fire Department personnel. v. Oshkosh Fire Department personnel remain in command of patient care until it is specifically relinquished to the Ambulance Service Operator personnel. vi. In instances where an Ambulance Service Operator arrives at the incident first, the Ambulance Service Operator shall relinquish command of the incident and patient care to the Oshkosh Fire Department personnel upon their arrival and upon their request to assume command of the incident and patient care. b. If the Ambulance Service Operator is at the scene in violation of this Chapter, no action or inaction of the Oshkosh Fire Department at the scene shall be interpreted to release or waive the violation. VIII. Obedience to Traffic Laws, Ordinances and Regulations. a. The driver of an Ambulance shall comply with all traffic laws relating to the operation of emergency vehicles, as provided by Section 346.03, Wisconsin Statute. b. No siren shall be used when transporting stabilized patients, unless a known additional emergency response situation exists. IX. Severability. The provisions of this Ordinance shall be severable and if any of the provisions shall be held in contravention of the Constitution and laws of the State of Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be affected. It is hereby declared to be the intent of this Ordinance that the same would have City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 35 Municipal Codes been adopted had such unconstitutional or unlawful provisions, if any, not been included herein. X. Effective Date. This Ordinance shall become effective ninety (90) days from the date of publication. XI. Penalties a. Any Person that violates any provision of this Section shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) but not more than Five Hundred Dollars ($500.00), together with prosecution. b. Each day the violation exists shall constitute a separate offense. c. Nothing in this Section shall preclude the City from taking any other lawful action in addition to seeking a forfeiture in the event of a violation of this Section. ARTICLE VI. MOBILE VENDING SECTION 8-43 REGULATION OF MOBILE VENDORS I. Definitions: a. Licensee means an applicant who has obtained a license to conduct a mobile vending operation pursuant to this chapter. b. Mobile Vending Operation means vending, selling, serving, displaying, offering for sale or giving away goods, wares, merchandise, or food from a mobile vending unit. c. Mobile Vending Unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which any food, goods, wares, or merchandise are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting of food, goods, wares or merchandise being peddled, sold, served, displayed, or offered for sale. This does not include a mobile wholesale delivery unit that visits multiple private or public property sites on a daily basis. d. Mobile Vendor means a person who peddles, vends, sells, serves, displays, offers to sell or give away food, goods, wares, or merchandise from a mobile vending unit. This term does not include a mobile wholesale delivery unit that visits multiple private or public property sites on a daily basis. Commented [LL6]: No Changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 36 Municipal Codes e. Public Property as used in this ordinance means all property owned by a governmental entity, but does not include public rights of way. II. City License Required to Operate a. No Mobile Vending Unit shall operate within the City of Oshkosh without a Mobile Vending License issued by the City Department of Community Development. b. The following Mobile Vending Units are exempt from the requirement to obtain a Mobile Vending License: i. Mobile Vending Units that are approved participants of a Special Event; ii. Mobile Vending Units operating on private property and obtain a Temporary Use Permit. c. The City’s Mobile Vending License is in addition to all other local, State, or Federal approvals, permits, or licenses necessary to engage in this activity. III. Mobile Vending Operations May be Located: a. On hardscape surfaces on private or public property, except as otherwise specifically limited or prohibited, with approval of the property owner. b. On hardscape surfaces in public right of way terrace areas, provided a minimum unobstructed sidewalk space of five (5) feet from the right of way line is maintained, and two (2) unobstructed feet from the established face of the curb or street is maintained. c. In legal on-street public parking spaces, provided the spaces are occupied with vehicles licensed to operate on streets, roads, and highways. Trailers, carts, wagons, and similar objects that are otherwise licensed for travel on streets, roads, and highways may occupy an on-street parking space provided they remain attached to the licensed motorized vehicle pulling it. All parking rules and regulations must be followed. d. The right of way terrace areas and on-street parking options are available provided these locations are not subject to a Special Event approved by the City. IV. Mobile Vending Operations are prohibited from the following locations: a. Any City park contrary to the rules set forth in Section 19.4(M) of the Municipal Code except through a vending contract with the City or as part of an approved Special Event. This includes driveways, parking areas, sidewalks, and public rights of way within City parks. b. Any City parking lot except as part of an approved Special Event. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 37 Municipal Codes c. Any location which is otherwise included within an area approved for a Special Event within the City, except for those vendors who are allowed to operate by the organizer of the approved Special Event. d. Within thirty-seven & half (37.5) feet of a customer entrance for a full service restaurant, or an approved sidewalk café, or another Mobile Vendor already occupying a particular location. The distance from a customer entrance shall be from a line perpendicular from the door frame and extending into the street. e. On the City’s Riverwalk, or at a location which utilizes the Riverwalk in any way for the Mobile Vending Operation. f. No part of the Mobile Vending Operation can obstruct access to any fire hydrant nor obstruct the view of any fire hydrant from the street. g. No Mobile Vending Operation is permitted within five (5) feet of the sides of bus stops or bus shelters, nor permitted in a manner that interferes with the use of bus stops or interferes with the ingress and egress from any bus shelter. h. No Mobile Vending Operation can be located within five (5) feet of a curb-cut, a marked cross- walk, or any other obstruction including, but not limited to, a parking meter post, sidewalk bench, bike rack, kiosk, etc. i. No Mobile Vending Operation can be located to obstruct any truck, freight, or passenger loading zone, nor adjacent to any disabled parking space. j. Any location that will obstruct sight distance triangles at intersections. k. In Residential Districts, except for the following two situations: i. Continuously mobile, motorized, street - licensed vehicles stopping only for customers or for no longer than five (5) minutes in anticipation of future customers; and, ii. Mobile Vendor Operations adjacent to eligible City parks utilizing legal parking spaces or appropriate hardscape terraces upon the approval of the City Manager, or designee. Eligible City parks are defined as all City parks except Lakeshore Park, Menominee Park, Spanbauer Fields, Red Arrow Park, Pollock Community Water Park, Riverside Park, and Leach Amphitheater. l. Within one hundred (100) feet of the boundary of a Special Event approved under Chapter 5 of this Municipal Code. V. Mobile Vending License: City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 38 Municipal Codes a. All applicants shall submit a completed application to the Department of Community Development and pay a nonrefundable application/license fee of $100.00 dollars. There will be no additional charge in the event a Mobile Vending License is issued. b. Licenses are issued on a calendar year basis. There will be no pro rata or other reductions for applications during the calendar year. c. Applications will require information deemed necessary by the City Manager and shall include the following minimum information: i. Name and all contact information of the applicant. If the applicant is a legal organization, then the application shall identify the person who is authorized to act in all respects for the corporation. ii. The name and contact information for the person who will be managing, operating, and making decisions for the Mobile Vending Unit on a day to day basis. iii. Identification and description of the Mobile Vending Operation and Mobile Vending Unit. iv. A site plan showing the space the Mobile Vending Unit will occupy. v. The proposed location(s) of the Mobile Vending Unit. vi. Copies of other necessary permits or licenses from other governmental agencies including, without limitation, a health license and a Wisconsin Seller’s permit. vii. Proof of liability and property insurance. A Mobile Vending License will not be issued until proof is provided showing that the City of Oshkosh is added as an additional insured to the Mobile Vendor’s policy. d. All applicants shall meet with the Department of Community Development and other City officials to discuss compliance with applicable rules, regulations, and codes, to evaluate the applicant’s proposed vending site(s), and to answer questions about rules for other potential vending sites within the City. The Department of Community Development shall arrange a meeting for the applicant with all City Departments deemed necessary to review the application. e. The City Department of Community Development will issue Mobile Vending Licenses for those who are eligible for License, and shall deny the application of those who are not eligible. Licenses shall include information deemed necessary by the City Manager, and shall contain the following minimum information: i. Name, address, telephone number, and contact person for the Vendor. ii. Type of vending allowed, such as food or merchandise. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 39 Municipal Codes iii. If authorized to vend on private or public property, the license must include the address(es) on which they are allowed to locate their vending operations. f. Licenses shall be issued to allow Mobile Vending on private or public property, or on hardscape surfaces in the right of way, or in on-street public parking spaces, or a combination of these available locations. Except for private or public property locations, there shall be no sites assigned to any particular Mobile Vending Operation. g. Except for private or public property locations, Mobile Vending Sites shall be available on a daily basis to the first vendor to arrive. h. Mobile Vending Licenses shall be prominently displayed on the Mobile Vending Unit so that consumers and/or City employee or representative may easily view the content of the License. i. Licenses are not transferrable. Licenses may be amended to include operation on private or public properties or operation on additional private or public properties, by filing an amended application with the Department of Community Development. There shall be no charge for amended applications. VI. License denial, revocation, and appeals. a. Applications for licenses may be denied by the Department of Community Development if it appears that the approval of the application will for any reason be detrimental to the health, safety, and welfare of the public, and including the following reasons: i. Fraud, misrepresentation, or false statement contained in the application for the license. ii. Any violation of the provisions of this Chapter within the current or previous calendar year. iii. All other necessary approvals including, without limitation, health licenses or seller’s permits, have not been obtained. iv. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has been convicted within the previous five years of any felony, or misdemeanor that is substantially related to a Mobile Vending Operation. v. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has admitted to or has been adjudged to have violated any civil consumer law within the previous five years. vi. The applicant, principal of applicant, or manager has had a vendor license issued by this City revoked within the current or prior calendar year. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 40 Municipal Codes vii. The applicant is not 18 years of age. b. Any license issued pursuant to this Chapter may be revoked by the City Department of Community Development for one or more of the following reasons: i. The licensee, or manager of the licensee, has violated a provision of this article, or any other rule, regulation, or code that applies to a Mobile Vending Operation. ii. The licensee, or licensee’s manager or employee of a Mobile Vending Unit, has been convicted of a felony, or misdemeanor substantially related to a Mobile Vending Operation. c. Application denials and license revocations may be appealed to the City Manager. The City Manager’s decision shall be the final decision of the City. VII. Restrictions on Mobile Vending a. Every licensee operating a Mobile Vending Unit on private or public property shall have and maintain the written authority or permission to use the private or public property, and shall provide written evidence to the City Department of Community Development of that authorization or permission with the Application. b. Connection of a mobile vending unit or mobile food vending unit to a public source of electricity, water, or sewer at a mobile vending operation site is prohibited. c. No Mobile Vending Operation may use any public property such as light poles or other utility poles, flower planters, trees, or other amenities as a point of attachment for anything, including ropes, posters, signs, or electrical cords. d. Mobile Vending Units may be located and operational on public property and public right- of-way beginning at 8:00 a.m. and ending the same time as the closing time for Class “B” alcoholic beverage license or permit, with closing time as defined by Wisconsin Statutes or Oshkosh Municipal Code, whichever is later, except that those mobile vendors operating within legal on-street parking spaces must comply with all City parking ordinances. The ending time shall be the time the Mobile Vending Unit has been closed, cleaned, and completely removed from its vending location on public property. Mobile vending on private property shall not have any limitations of their time of operation. e. Mobile Vending Units otherwise located on public property or public right-of-way shall be removed from their location and returned to their mobile base during the time they are not allowed to operate as defined in paragraph VII. d., above, and during all other times the Mobile Vending Unit is not actively operational. A mobile vending unit is actively operational when an attendant is present and the food or merchandise to be sold is available for purchase. The mobile vending unit may be inactive for only one consecutive hour, and a City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 41 Municipal Codes cumulative total of two hours between the hours it is allowed to be located on public property or public right-of-way. f. The site that a Mobile Vending Unit is occupying shall at all times be kept clean and free from litter, garbage, rubble, and debris. g. Mobile Vending Operations will comply with all applicable noise ordinances. h. Seating for consumer consumption or use of products sold is not allowed at the site occupied by the Mobile Vending Unit. One chair, stool, or seat for use by the operator will be allowed. i. Mobile Vending Units shall occupy a site only large enough to carry out the essential functions of the Mobile Vending Operation and shall not use a space larger than 6 feet by 10 feet, except for those using on-street public parking spaces. VIII. Penalties a. In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal Code, the violation of the terms of this Chapter by any person, organization, or entity shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this Chapter by way of immediately revoking the License, seeking injunctive relief, and all other remedies available in law and equity. b. The penalties set forth shall also apply to all persons, organizations, and entities that take actions or conduct themselves in a manner which requires a Mobile Vending License but the person, organization, or entity fails or refuses to do so. If any person, organization, or entity violates any provision of this Chapter, the City shall have the authority to institute appropriate legal action or proceedings to ensure compliance and to prohibit such person, organization, or entity from violating these conditions. SECTION 8-44 RESERVED ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-45 INTENT OF REGULATIONS The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh in their residence and throughout the community and to protect residents from commercial fraud whenever possible. The Common Council recognizes that constitutional limitations restrict extensive and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations are essential to promote privacy among city residents given that door-to-door type activities as contemplated herein are not traditional public forums. Commented [LL7]: No changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 42 Municipal Codes SECTION 8-46 RESERVED SECTION 8-47 DEFINITIONS When used in this Article, the following terms shall have the following meanings: (A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a partnership, association or corporation, who without invitation goes to private homes or businesses for the purpose of selling goods or services; taking orders for the later delivery of goods or services, requesting contributions of time, money, or support for any cause, issue or person; purchasing or collecting scrap metal, furniture, household goods or other scrap materials or goods, and shall include, but not be limited to peddlers, solicitors, transient merchants, charitable contributions, junk collectors, proselytizing, and solicitations for political candidates. SECTION 8-48 RESERVED SECTION 8-49 RESERVED SECTION 8-50 REGULATIONS (A) No Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning; (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented; a) When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance. (6) Failing to display when requested a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, failing to City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 43 Municipal Codes display, when requested to do so by any law enforcement officer, such identification or document. (7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed. (8) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one-hundred (100) foot radius of the source. (9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. (10) Violating any applicable state law, including but not limited to Wis. Stat. Ch. 423 and ATCP 127. Direct Solicitors who engage in the business of lending money on the deposit of any article or jewelry or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a stipulated price or who engages in the business of purchasing or selling secondhand articles as regulated by this Chapter and Section 134.71 of the Wisconsin Statutes governing pawnbrokers, secondhand article and secondhand jewelry dealers must comply with the provisions of this section and Article VIII of this Chapter. SECTION 8-51 RESERVED SECTION 8-52 RESERVED SECTION 8-53 RESERVED SECTION 8-54 RESERVED SECTION 8-55 SEVERANCE CLAUSE The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part. SECTION 8-56 RESERVED SECTION 8-57 RESERVED SECTION 8-58 RESERVED SECTION 8-59 RESERVED SECTION 8-60 RESERVED City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 44 Municipal Codes SECTION 8-61 RESERVED ARTICLE VIII. PAWNBROKERS AND SECONDHAND ARTICLE AND JEWELRY DEALERS SECTION 8-62 STATE STATUTES ADOPTED Except as otherwise specifically provided by this article, all provisions of Section 134.71 Wis. Stats. defining and describing the regulations with respect to pawnbrokers and secondhand article and secondhand jewelry dealers are hereby adopted by reference and made a part of this code as if fully set forth herein. It is the intention of this article to include within such references all provisions of section 134.71 Wis. Stats. in effect at the time of adoption of this article together with any applicable revisions and all future recodifications, renumberings, and amendments unless otherwise expressly provided in such references. It is the intention of this article that any act required to be performed or prohibited by section 134.71 Wis. Stats. presently in effect or as may be amended in the future is an act required to be performed or is an act prohibited by this section. SECTION 8-63 LICENSE REQUIRED No person shall carry on the business of a pawnbroker, or secondhand article or secondhand jewelry dealer within the city without first having obtained a license therefor. SECTION 8-63.1 DEFINITIONS (a) "Article" means any of the following articles except jewelry: (1) Audio-visual equipment, including but not limited to stereos, cassette recorders, compact disc players, stereo components, cameras, videotape recorders, video cameras, portable stereos, audio tapes, compact discs, recording tapes, video tapes, albums, visual or electromagnetic tapes, and similar materials. (2) Bicycles. (3) China. (4) Computers, printers, software, hardware, and computer supplies. (5) Computer games and toys. (6) Crystal. (7) Electronic equipment. (8) Fur coats and other fur clothing. (9) Ammunition and knives. (10) Microwave ovens. (11) Office equipment. (12) Pianos, organs, guitars, keyboards and other musical instruments. (13) Silverware and flatware. Commented [LL8]: No changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 45 Municipal Codes (14) small electrical appliances. (15) telephones and answering machines. (b) Any word not defined herein shall have that meaning specified within section 134.71 Wis. Stats. SECTION 8-64 PROPERTY TRANSACTION RECORDS For each transaction of purchase, receipt, or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article or secondhand jewelry dealer shall electronically submit the required property transaction information to an electronic reporting service specified by the Oshkosh Police Department by the close of business each day according to the following procedures. (a) Pawnbrokers, secondhand article and secondhand jewelry dealers using point of sale software shall ensure compatibility of their software with the specified electronic reporting service, and shall electronically transfer all required information from their computer to the specified electronic reporting service via internet connection. (b) Pawnbrokers, secondhand article and secondhand jewelry dealers not using point of sale software, but having 200 or more reportable transactions during the previous calendar year, shall either acquire point of sale software and adhere to the requirements set forth in paragraph (a) above; or, if the specified electronic reporting service allows, manually enter all reportable transactions into the database via internet connection. (c) Pawnbrokers, secondhand article and secondhand jewelry dealers subject to electronic reporting shall take a color, digital photograph of every item purchased, received, or exchanged that does not have a unique serial or identification number affixed. This section specifically includes jewelry, coins, currency, and bullion. One group photo shall suffice for mass items acquired in one transaction. When a photograph is taken it must be maintained in such a manner that it can be readily matched and correlated with all other records of the same transaction, and must be made available for inspection by law enforcement for a period of not less than one year from the date of transaction. (d) Electronic submission of property transaction information and digital photography of property shall be encouraged but not required for pawnbrokers, secondhand article and secondhand jewelry dealers having fewer than 200 reportable transactions during the previous calendar year. When electronic submission of reportable transactions is not made according to the provisions set forth in paragraphs (a) or (b) above, Property Transaction Forms shall be manually completed and submitted according to the following procedures: (1) Forms shall be obtained from the Oshkosh Police Department. Forms are identified by number and the pawnbroker, secondhand article or secondhand jewelry dealer shall be solely responsible for each form. A copy of each form shall be provided to the Oshkosh Police Department upon request. Each form must be accounted for by the pawnbroker, secondhand article or secondhand jewelry dealer. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 46 Municipal Codes (2) This form shall be completed by the pawnbroker or secondhand article or secondhand jewelry dealer and signed by the customer. (3) The form shall be completed in ink. Entries must be legible. No entry on such form may be erased, mutilated or changed. (4) The form shall be completed in its entirety. All articles must be described and documented in detail sufficient to differentiate the article from other like articles. If the item has a serial number or other identifying information or unique characteristics such information shall be noted on the form. (5) The pawnbroker, secondhand article or secondhand jewelry dealer shall retain an original of each form for not less than one year from the date of the transaction. Duplicate forms shall be provided to law enforcement agencies upon request. (6) Forms shall be made available for inspection during business hours by the Oshkosh Police Department or other law enforcement agency upon request. (7) Each form shall be physically kept with the article(s) detailed upon the form for the required holding period. (8) The pawnbroker, secondhand article or secondhand jewelry dealer shall, in addition to the property transaction forms, keep a written inventory and records of declaration of ownership as required by state statute. SECTION 8-65 HOLDING PERIODS (a) Any secondhand article or secondhand jewelry purchased or received by a pawnbroker as a secondhand article shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it. (b) Any secondhand article or secondhand jewelry purchased or received by a secondhand dealer as a secondhand article shall be kept on the secondhand dealer’s premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt. (c) If a pawnbroker, secondhand article or secondhand jewelry dealer is required or otherwise elects to submit electronic reports under section 8-64, the secondhand article or secondhand jewelry purchased or received shall be kept on the pawnbroker’s or secondhand dealer’s premises or other place for safekeeping for not less than 7 days after the date of the purchase or receipt. (d) Subsections (a) and (b) above shall not apply to articles consigned to a pawnbroker, secondhand article or secondhand jewelry dealer. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 47 Municipal Codes (e) During the holding period the secondhand article or secondhand jewelry shall be held separate and apart from any other merchandise carried by the dealer and shall not be altered or modified in any manner. (f) During the holding period the pawnbroker, secondhand article or secondhand jewelry dealer shall permit any law enforcement officer to inspect the article. Articles held off premises shall be made available for inspection under this section within 24 hours, or a reasonable time in the case of weekends or holidays, of a request by a law enforcement officer. (g) Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article or secondhand jewelry dealer to hold that article for a reasonable length of time which the law enforcement officer considers necessary to identify it. SECTION 8-66 MINORS No pawnbroker, secondhand article or secondhand jewelry dealer shall engage in a transaction of purchase, exchange or receipt of any secondhand article or secondhand jewelry from a minor unless the minor is accompanied by the minor's parent or guardian. SECTION 8-67 COINS, CURRENCY, AND BULLION Any pawnbroker, secondhand article or secondhand jewelry dealer receiving any coin or currency, any gold or silver coin or gold or silver bullion shall not be required to comply with the holding periods within section 8-65 but shall otherwise be required to comply with the provisions of this article. SECTION 8-67.1 RIGHT TO INSPECT A license holder under this article shall make available for inspection, by any law enforcement officer at any reasonable time, the licensed premises and any items on the licensed premises. Any items stored off-premises shall be made available for inspection under this section upon request by a law enforcement officer. SECTION 8-68 PENALTIES (a) Upon conviction for a first offense under this article, a person shall forfeit not less than $75 nor more than $1000. (b) Upon conviction for a second offense under this article, a person shall forfeit not less than $525 nor more than $2000. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 48 Municipal Codes ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES SECTION 8-69 AMBULANCE AND MEDICAL TRANSPORT SERVICES. I. Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5) and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are properly served in emergency circumstances through the City of Oshkosh’s emergency transport, and all non-emergency transport operators are providing legitimate and transparent services. The Common Council has determined that generally limiting emergency response services to the Oshkosh Fire Department and providing for supplemental emergency response services to be controlled by the Oshkosh Fire Department, whose members are specially and highly trained in emergency response, will provide for a more orderly health care process and chain of command at the location of emergency situations that will best serve the health, safety, and welfare interests of the public. In addition, the Common Council has determined that a system of registration and requiring other ambulance service providers operating with this City of Oshkosh to meet certain standards and requirements for service as set forth within this ordinance will also promote an orderly health care process as well as clarity and transparency in services which will best serve the health, safety, and welfare interests of the public. II.I. Definitions. a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed or constructed, equipped, and intended to be used for and maintained or operated for transportation of patients, except that such motor vehicle owned by, or operated under the direct control of the United States or the State of Wisconsin. b.a. Ambulance Service Operator: A person engaged in the business of transporting patients by ambulance to or from facilities or institutions providing health services. The term does not include the Oshkosh Fire Department for purposes of this ordinance. c.a. Emergency transport: Any actual or self-perceived event which threatens life, limb, or the well-being of an individual in such a manner that a need for immediate medical care is created or an event that requires emergent or unscheduled medical attention. Any response requiring the use of lights and/or sirens shall be considered emergency service. d.a. Non-emergency transport: Planned transport of a person in a medically stable condition on a non-emergency or scheduled basis. The term does not include services of the Oshkosh Fire Department for purposes of this ordinance. e.a. Paramedic: A person who is specially trained in emergency cardiac, trauma, and other lifesaving or emergency procedures in a training program or course of Commented [LL9]: Moved above, No changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 49 Municipal Codes instruction resulting in certification as an Emergency Medical Technician – Advanced or Emergency Medical Technician – Paramedic by the National Registry of Emergency Medical Technicians or the Wisconsin Division of Health. Any Emergency Medical Technician – Paramedic must also be CPR-certified, which means they are certified in cardiopulmonary resuscitation according to standards set by the American Heart Association. f.a. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or helpless, and in need of transportation and/or medical treatment. g.a. Person: Any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including government agency other than the United States or State of Wisconsin. III.I. Ambulance Service Within Municipal Boundaries a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within the Oshkosh Municipal Boundaries. i. Except for the City of Oshkosh and/or its agents, no person, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in, or profess to be engaged in, the business or service of the emergency transports of patients originating within the municipal boundaries of the City of Oshkosh. ii.i. Non-emergency transports of patients or persons within the municipal boundaries of the City of Oshkosh may occur subject to the rules and standards set forth herein. b.a. Exceptions: The following Ambulance Service Operators may operate within, or respond to calls within, the Oshkosh municipal boundaries: i. Ambulances or similar emergency vehicles operated by or under the direct control of the United States or the State of Wisconsin; ii.i. Ambulances transporting patients from locations outside the municipal boundaries of the City of Oshkosh into the City of Oshkosh; iii.i. Ambulances providing assistance to licensed Ambulance Service Operators in the case of a Mutual Aid request by the City of Oshkosh, or a major catastrophe or emergency in which the licensed Ambulance Service Operators of the City of Oshkosh are unable to address the extent of the health needs of the catastrophe, emergency, or extreme system overload; City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 50 Municipal Codes iv.i. Ambulance transports passing through the City of Oshkosh which originated from a point outside the City and having a destination point also outside the City; v.i. Aircraft, including “Flight for Life” or similar services, that transport patients to or from hospitals within the City of Oshkosh. Such aircraft must be licensed by the State of Wisconsin to perform such services. IV.I. Registration. All Ambulance Service Operators providing non-emergency transports originating within the municipal boundaries of the City of Oshkosh shall register with the City. Registrations shall be filed with the City Clerk’s office. The Clerk shall maintain the Registrations with the official records of the City, and shall transmit copies of all Registrations, including any supporting documents, to the Fire Chief. The Fire Chief or their designee shall have the authority to enforce the requirements of this Section. The Registration shall be on such forms provided by the City and shall include, at a minimum, the following information: a. Name and complete contact information for Registrant. This includes name, address, telephone numbers, and email addresses. b.a. Names and contact information for at least one (1) primary and one (1) secondary agent for the Registrant. c.a. If the Registrant is an entity, identify the state of formation. d.a. All trade or other corporate names, if any, under which the Registrant does business or proposes to do business. e.a. A copy of all licenses and/or certificates issued by the State of Wisconsin Department of Health Services or other regulatory body that the Registrant believes enables it to lawfully perform the proposed services within the City of Oshkosh. f.a. The signature of the Registrant or the Registrant’s authorized representative. g.a. There shall be no charge for filing the Registration with the City. V.I. Standards for Operation of Non-Emergency Transports a. Each transport vehicle proposed to be used within the City of Oshkosh by an Ambulance Service Operator shall comply with the following: i. The color scheme, lettering, messaging, and special markings on transport vehicles shall be significantly different from the vehicles of all other Ambulance Service Providers providing services in the City of Oshkosh so that there can be no confusion between the Registrant and other operators that have also submitted registrations. There shall be no use of the words City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 51 Municipal Codes “Oshkosh Fire Department” or variations thereof, located anywhere on the vehicle. ii.i. Any telephone number that states or implies that it is an emergency number shall be limited to the nationwide designated number for emergencies, which is “9-1-1”. Any other contact numbers shall clearly designate their use for non-emergencies only. iii.i. Be equipped with radio equipment, as follows: 1. Each transport vehicle shall be equipped with at least one portable radio capable of transmitting on the Federal Communications Commission assigned emergency medical frequency and shall be capable of transmitting from any patient location within the City of Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch. 2.1. Transport vehicle radio operations shall comply with procedures approved by the Federal Communications Commission and is compatible with the system used by the City of Oshkosh Fire Department. Compatibility shall be determined by the Fire Chief, Oshkosh Fire Department. b.a. Ambulance Service Operators providing services within the City of Oshkosh shall have in effect for all transport vehicles a sufficient policy of insurance issued by an insurance company licensed to do business in the State of Wisconsin, which shall provide that the insurance company shall be liable for damages of up to one million dollars ($1,000,000) for any accident due to the negligent operation of one of the patient transport vehicles. VI.I. Response to Incidents a. An Ambulance Service Operator shall not respond to a medical emergency incident within the City of Oshkosh unless called to respond by the Winnebago County Communication Center, the Oshkosh Fire Department, or direct telephone call in circumstances described in subsection III.b. of this section. b.a. An Ambulance Service Operator receiving a request for an Ambulance to respond to any medical emergency within the City of Oshkosh from any source other than the Winnebago County Communication Center or Oshkosh Fire Department, shall immediately, coincident with its response, provide the Winnebago County Communications Center with all available information as to the nature and location of the emergency. VII.I. Command at Incident Scene City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 52 Municipal Codes a. Incident Scene and Patient Care. i. Upon arrival on the scene of a medical emergency where patient care is being provided by Oshkosh Fire Department personnel, the Fire Department personnel remain in charge of the incident in accordance with state law. ii.i. In all instances when the Oshkosh Fire Department personnel are called to an incident, they shall be in command of the incident and for all patient care. iii.i. It is the obligation of the Ambulance Service Operator personnel to seek out the Fire Department personnel in command of the incident and patient care. iv.i. In the instances where the Oshkosh Fire Department personnel arrive at the incident first, all subsequent Ambulance Service Operators arriving at the scene shall act under the command of the Oshkosh Fire Department personnel. v.i. Oshkosh Fire Department personnel remain in command of patient care until it is specifically relinquished to the Ambulance Service Operator personnel. vi.i. In instances where an Ambulance Service Operator arrives at the incident first, the Ambulance Service Operator shall relinquish command of the incident and patient care to the Oshkosh Fire Department personnel upon their arrival and upon their request to assume command of the incident and patient care. b.a. If the Ambulance Service Operator is at the scene in violation of this Chapter, no action or inaction of the Oshkosh Fire Department at the scene shall be interpreted to release or waive the violation. VIII.I. Obedience to Traffic Laws, Ordinances and Regulations. a. The driver of an Ambulance shall comply with all traffic laws relating to the operation of emergency vehicles, as provided by Section 346.03, Wisconsin Statute. b.a. No siren shall be used when transporting stabilized patients, unless a known additional emergency response situation exists. IX.I. Severability. The provisions of this Ordinance shall be severable and if any of the provisions shall be held in contravention of the Constitution and laws of the State of Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be affected. It is hereby declared to be the intent of this Ordinance that the same would have City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 53 Municipal Codes been adopted had such unconstitutional or unlawful provisions, if any, not been included herein. X.I. Effective Date. This Ordinance shall become effective ninety (90) days from the date of publication. XI.I. Penalties a. Any Person that violates any provision of this Section shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) but not more than Five Hundred Dollars ($500.00), together with prosecution. b.a. Each day the violation exists shall constitute a separate offense. c.a. Nothing in this Section shall preclude the City from taking any other lawful action in addition to seeking a forfeiture in the event of a violation of this Section. SECTIONS 8-70 THROUGH 8-74 RESERVED ARTICLE X. JUNK YARDS AND COLLECTORS DIVISION 1. JUNK YARDS SECTION 8-75 LICENSE REQUIRED. No person, firm or corporation shall store at any place in the City any old iron, old bottles, old rags, paper, old auto tires, or any other kind of junk until a license therefor shall have been secured as provided in this Section. SECTION 8-76 APPLICATION FOR LICENSE. (A) Application for license accompanied by the prescribed fee shall be made to the City Clerk and shall state the property to be used for the storage junk and other things mentioned in Section 8-75, the name of the applicant, the name of the owner of the property, and, if the property is leased, a copy of applicant's lease. The City Clerk shall refer said application to the Common Council which may in its discretion grant said applicant a license. Upon the allowance of a license by the Common Council, the City Clerk shall issue said license. SECTION 8-77 LICENSE FEE; TERM. The license fee shall be Twenty Dollars ($20.00) for a period of one (1) year or fraction thereof, and shall Commented [LL10]: No changes City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 54 Municipal Codes expire on the 30th day of June after its date, unless revoked as hereinafter provided. All licenses that expire on June 30, 1968, under this ordinance shall receive a refund of Ten Dollars ($10.00). SECTION 8-78 LOCATION RESTRICTED. No license shall be issued to store any of the things mentioned in Section 8-75 within two hundred fifty feet (250') of any dwelling house, in an area other than the heavy industrial district east of South Main Street and south of the Fox River, on the same street, or at any place within one hundred fifty feet (150') of North or South Main Street. SECTION 8-79 INSPECTION AND INVESTIGATION. (A) Every licensee shall permit inspection of his premises and junk by the police officers of the City at all reasonable hours. (B) The Chief of the Fire Department shall cause to be investigated each and every junk yard at least once each year. SECTION 8-80 REVOCATION OF LICENSE. (A) The Council may, upon evidence being submitted that any junk yard is being conducted in any unsanitary manner, or that there is a fire hazard created by the said junk yard, or that the said junk yard licensee has violated any ordinance of the City or law of the State relating to buying or storage of junk, revoke said license, and no license shall thereafter be issued to any one to conduct a junk yard upon the premises for a period of one (1) year. (B) The fact that a license has been issued shall not be deemed to make the City a party to such business, and shall not be a bar to any party in an action to abate a nuisance. SECTION 8-81 SANITARY CONDITION REQUIRED Each licensee shall keep his said junk yard in a sanitary condition, and shall keep inflammable material in such a manner so that there will be minimum fire danger. SECTION 8-82 HEIGHT LIMIT ON JUNK PILES. No iron, scrap or other material shall be piled over fifteen feet (15') high in any junk yard. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 55 Municipal Codes SECTION 8-83 RESTRICTIONS ON DISMANTLING. No vehicle, or other article of junk shall be broken up, or dismantled upon any street or alley and no part of the same shall be left by any licensee in any street or alley. No junk shall be stored within fifteen feet (15') of any street unless enclosed in a building as concealed from view from said street. ARTICLE XI. NON-ISSUANCE OF LICENSES AND PERMITS SECTION 8-88 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES (A) Unless otherwise specifically provided within this municipal code, licenses and permits required for the carrying on of a trade or business within the City may be granted or renewed but shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: i. the unpaid taxes, assessments or special charges were levied against the premises; and ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written Commented [LL11]: Referenced in New 8-1 and moved to Chapter 3 Finance, No changes made City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 56 Municipal Codes determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. SECTION 8-89 RESERVED SECTION 8-90 RESERVED SECTION 8-91 RESERVED SECTION 8-92 RESERVED ARTICLE XII. UTILITY PIPES, POWER LINES AND POLES SECTION 8-93 PIPE AND CONDUIT REGULATIONS; SCOPE. All water and gas pipes and all conduits for laying or protecting telephone, telegraph, or other electric wires in the public streets, alleys, or other public places of the City shall be subject to and governed by the following rules and regulations. SECTION 8-94 LOCATION AND ALTERATION. Commented [LL12]: Removed – will be reviewed and incorporated as may be appropriate in revision of Chapter 25 which is currently in progress City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 57 Municipal Codes The City shall have the right at any time to designate the location of all water pipes, gas pipes, conduits, manholes, distributing posts and other necessary appliances, and reserves the right, as against any improvements of the City, to order alterations in the location of such pipes, conduits, and appliances connected therewith. Before any such alteration is made, however, at least five (5) days notice in writing shall be given the president or the local officer in charge of the company, or person, or persons, affected by the proposed alteration, and reasonable opportunity shall be afforded such person or persons, or the representative of such company, or any citizens interested, to be heard thereon; but when any such alteration shall be so ordered, the owner or owners of said pipe or conduit shall, within ten (10) days thereafter, commence such alteration and complete the same as soon as practicable. Upon their failure so to do, the City may perform said work at the proper charge or cost to the said owner, and the person failing to comply with said order shall be deemed in violation of this Section. SECTION 8-95 APPROVAL OF MATERIAL, SIZE, ETC. All conduits, manholes and other appliances or fixtures shall be of such material, size and dimensions as shall be approved by the City Manager, the City Engineer, Board of Public Works, and the City Attorney. SECTION 8-96 PLAN TO BE SUBMITTED. Before any person shall lay a conduit for telephone, telegraph or other electric wires upon any street or alley, such person, persons corporation or association shall submit to the City Manager, Engineer, Board of Public Works and City Attorney the route of proposed conduit, stating the name of the streets or alleys thereof, and the exact line and location of the proposed conduit, its distance from the gutter, its depth, the manner of laying the same and of carrying said wires or cables, and location of the manholes and distributing poles. No such conduit shall be laid until the written consent and approval of the City Manager, City Engineer, Board of Public Works and the City Attorney shall first be obtained. SECTION 8-97 MANNER OF LAYING CONDUIT. (A) The conduit shall be laid so as not to interfere with the drainage of the street, or interfere with or damage the streets, water or sewer pipes, or other public or private property. When the conduit would come into contact with any water, sewer, gas or other pipe, it shall be laid as directed by the City Engineer. Nothing herein contained shall prevent the laying of conduits under any stream or electric railway. It shall be the duty of the City Manager, City Engineer, Board of Public Works and City Attorney to see that the grade of said conduit is sufficiently deep so that it shall not be necessary thereafter to relay said conduit in improving the street; but whenever it shall be necessary to lower said conduit, the work shall be done at the expense of the owner or owners thereof. (B) The person laying said conduit shall immediately follow the opening of the ditch with the laying of the conduit, and not more than one (l) block of ditch shall be open at one time. The ditch shall be refilled as directed by the City Engineer and Board of Public Works. The ditch shall be so filled City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 58 Municipal Codes as to leave the street in good condition as it was in before the work was commenced. If at any time within one (l) year after the work is completed, the street is defective by reason of laying such conduit, it shall be repaired at the cost of the person laying the same. SECTION 8-98 CITY TO HAVE USE OF CONDUIT The City shall have the right to use, free of cost, for the use of its Fire and Police Departments, any conduits laid in the streets, alleys or other public places, and the owner of the conduit shall furnish to the City, at reasonable cost, all the wires necessary for the use of said Fire and Police Departments; and no such conduit shall be removed by the owner, or any other person, until the Chiefs of police and Fire Departments shall have been reasonably notified of the contemplated removal. The Chief of the Fire Department may remove any telephone, telegraph or other electric wire interfering with the proper operation of the Fire Department. SECTION 8-99 INDEMNITY AGREEMENT. Every person laying any conduit as herein mentioned shall prior to the laying of the same, file an agreement with the City Clerk, saving the City harmless from any and all injury and damage of every kind resulting therefrom or from negligence in the construction or operation thereof, or from the wires therewith connected; and also an agreement giving to the City the use of the conduit, as hereinbefore prescribed. SECTION 8-100 SAFE ERECTION OF WIRES. All such wires must be so carried, placed and protected to avoid all danger of communicating fire by means of contact with other wires or conductors, or in any other manner to avoid to public or private property injury. SECTION 8-101 FRANCHISES. The construction or laying of any such conduit shall be deemed an acceptance by the person so laying or constructing the same, of all the conditions and provisions herein contained; and this Chapter so far as applicable, shall be deemed and become a part of all franchises heretofore or hereafter granted for the use of telephone, telegraph or other electric wires. SECTION 8-102 DECISIONS OF OFFICIALS. (A) In all matters referred to the City Manager, City Engineer, Board of Public Works and City Attorney, they shall act as one body, the City Manager being chairman thereof; and their City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 59 Municipal Codes proceedings, decisions and orders shall be reduced to writing, signed, and filed with the City Clerk, who shall report the same from time to time to the Common Council. (B) Should the City Manager, City Engineer, Board of Public Works and City Attorney fail to agree on any matters referred to them for decision, the said matters shall be referred to the Common Council for its decision. SECTION 8-103 POWERS RESERVED. Nothing contained in this Article shall be construed so as to in any manner affect the right of the City in the future to prescribe any other mode of conducting such wires over or under its thoroughfares. The terms and provisions of this Article shall apply as well to renewals of or changes in existing lines as to the original construction of any line of conduits in the City, and no conduit shall be laid unless some of the parts thereof are intended for present use. SECTION 8-104 WIRES PROHIBITED ON CERTAIN STREETS. (A) No wires carrying or capable of carrying electric current shall be strung or suspended over or along or permitted to remain so strung or suspended upon the following streets: High Avenue from Commerce Street to Division Street; Pearl Avenue from the east side of Commerce Street to the east of Market Street; Market Street from Algoma Blvd. to the north side of Pearl Avenue. (B) This Section shall not apply to the wires now existing on the east side of Market Street its junction with Commerce Street north to Algoma Blvd., nor to the necessary wires now suspended over street intersections supporting electric lamps used by the City. (C) No telegraph or telephone wires shall be strung or suspended over or along the following named streets, to-wit: State Street from Washington Avenue to Ceape Avenue, Washington Avenue from North Main Street to State Street, Waugoo Avenue from North Main Street to State Street, Otter Avenue from North Main Street to State Street, nor on any other street or parts of streets where underground conduits have been laid for such wires. SECTION 8-105 REMOVAL OF IMPROPERLY ERECTED WIRES. Any wires maintained or erected contrary to the terms of the preceding Section, may be summarily removed by order of the Board of Public Works. ARTICLE XI. AMUSEMENTS LICENSES SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS Commented [LL13]: Moved from Chapter 5 Article II. No changes made. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 60 Municipal Codes (A) LICENSE REQUIRED No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license therefor as herein provided. (B) ISSUANCE OF LICENSE Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license issued pursuant hereto shall be assignable. (C) LICENSE FEES; TERM The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the 1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be assignable. (D) GAMBLING PROHIBITED No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of gambling. SECTION 8-91 MINIATURE GOLF COURSES (A) LICENSE REQUIRED No person, firm or corporation shall operate any miniature golf grounds or any other similar place of amusement within the City without first having obtained a license as hereinafter provided. (B) APPLICATION; FEE; TERM Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or Commented [LL14]: Moved from Chapter 5, Article V – no changes made City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 61 Municipal Codes refuse such license in their discretion. The term of this license shall be for one (l) year, expiring on December 31. (C) CLOSING HOURS No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m. and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes after the closing time herein provided. SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES (A) LICENSE REQUIRED No person, firm or corporation shall operate any device, machine or contrivance for entertainment which is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a license as herein provided. (B) ISSUANCE OF LICENSE; FEE The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of one (1) year from the 1st day of July, unless sooner revoked as herein provided. Radio and television sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein. (C) HOURS RESTRICTED No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor, ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for entertainment purposes, except during such hours as said establishment is legally open for business, providing, however, that any such licensee may lose the privilege of operating between the hours of one (l:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with the City Clerk and after a public hearing thereof before the Common Council and notice of such public hearing given to the licensee. SECTION 8-93 CIGARETTE SALES. The license regulating tobacco in the City shall be governed by the provisions of Section 134.65 Commented [LL15]: Moved from Chapter 5 Article VI. No changes made. City of Oshkosh Municipal Code Revised 12/12/23 City of Oshkosh Chapter 8 – Page 62 Municipal Codes of the Wisconsin Statutes. (a) The annual fee for such license shall be $100.00. There shall be no proration of this fee for licenses issued during the license year. ARTICLE XIII. PENALTIES SECTION 8-106100 PENALTIES. Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 1 Municipal Code CHAPTER 12 PROPERTY AND PURCHASING ARTICLE I. CITY PROPERTIES (RESERVED) ARTICLE II. PURCHASING 12-7 AUTHORITY 12-8 GENERAL PROVISIONS 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS 12-10 PURCHASE OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES 12-11 SOLE SOURCE 12-12 PURCHASES OF COMMODITIES 12-13 USED OR SURPLUS EQUIPMENT 12-14 EMERGENCY PURCHASES 12-15 COOPERATIVE PURCHASING PROGRAMS 12-16 PROFESSIONAL SERVICES ARTICLE III. ABANDONED OR SURPLUS PROPERTY 12-17 ABANDONED OR SURPLUS PROPERTY ARTICLE I. CITY PROPERTIES ARTICLE I. CITY PROPERTIES ARTICLE II. PURCHASING SECTION 12-7 AUTHORITY The General Services Bureau Manager is hereby designated as the Purchasing Authority for the City of Oshkosh and shall make all purchases for all City departments, whose funds are under the direction of the City Manager or Council. The Purchasing Authority will be responsible for city purchases, but may delegate to others the tasks related to purchasing. Those city entities, whose funds are not under the direction of the City Manager or Council, may, upon mutual agreement, utilize the services of the Purchasing Authority. Regardless of whether purchasing is performed by the Purchasing Authority, a designee of the Purchasing Authority or another city entity, all purchasing shall be done in accordance with state statutes, municipal code, and the city’s purchasing policies and on the basis of the lowest price commensurate with quality, service, and delivery. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 2 Municipal Code SECTION 12-8 GENERAL PROVISIONS (A) The City’s Purchasing Authority or City Departments or Divisions may purchase supplies, equipment, goods and materials, and recommend that the City enter into agreements or contracts for services or Public Works when the costs of the same have been included in the approved City budget. Except as specifically excluded by State Statute or this Municipal Code, when the estimated aggregate costs may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. (B) The City Manager and his/her designee shall be authorized to enter into agreements or purchase orders as appropriate, when the costs have been included in the City Budget and the estimated aggregate costs of the purchase will not exceed twenty-five thousand dollars ($25,000). (C) No contract or purchase shall be done by serial purchases or otherwise artificially subdivided to avoid complying with the requirements of this ordinance. (D) This Chapter shall apply to every purchase regardless of the source of the funds to be used for the purchase, including state and federal assistance, gifts, grants and any other funds received by the City, except nothing in this Chapter shall prevent the City from complying with the terms and conditions of any federal or state grant or other assistance requirements. (E) Upon approval of the City Manager, the City may enter into multi-year agreements or renew existing agreements for supplies, equipment, goods and materials, and/or services, with an initial term of no longer than three (3) years and with extensions thereof up to a maximum of five (5) years in total duration, when the original bid or quotation requested pricing for multiple years or the option for renewal and the appropriate department head together with the Purchasing Authority determines that it is in the best interest of the City to enter into the multi-year agreement or renewal. (F) Change orders are required for changes in project scope or cost. Change orders will be made in accordance with the following procedures: (1) Approval authority. Unless otherwise specified, change orders can be approved by the City Manager for an amount within the amount budgeted, up to $25,000 or 15% of the contract price, whichever is lower. Any change order in excess of the budgeted amount, in excess of $25,000 or in excess of 15% of the contract price, shall require recommendation by the City Manager and approval by the Common Council. (2) For contracts or purchases which were not approved by the Common Council because they were estimated to not exceed $25,000, change orders shall not cause the total contract or purchase to exceed $25,000 without Council Approval. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 3 Municipal Code (3) Notwithstanding the limitations contained in paragraphs 1 and 2 above, the City Manager shall have the authority to approve change orders which, in the City Manager’s discretion, are in the best interests of the City and necessary to not impede progress upon a project or required by emergency or other necessity. The City Manager shall report change orders entered into under this paragraph which would have required Council approval to the Common Council as soon as practicable and within 60 days of approval of the change order. (G) The City Manager shall prepare and submit to the Common Council a written report concerning purchases for any vendors or service providers whose total aggregate purchases in a single calendar year exceed $300,000. SECTION 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS (A) Public Bidding – Projects in excess of $25,000. In accordance with Wisconsin State Statute Section 62.15, as amended or renumbered, and except as specifically permitted by statute or as provided below, all public works projects for which the cost may exceed $25,000 must be competitively bid. The bidding and award process for such projects shall be governed by Section 66.0901, as amended or renumbered, of the Wisconsin State Statutes. (B) Public Works Projects less than $25,000. Public Works projects for which the cost is expected to be less than $25,000 need not be publicly bid however, except as specifically permitted by statute or as provided below, all Public Works projects for which the cost may exceed $5,000 but are anticipated to not exceed $25,000 must be noticed with a Class I Notice as provided in Wisconsin State Statute Section 62.15. (C) Work to be done directly by the City 1) Wisconsin Statutes permit the Common Council by a vote of three-fourths of all the members-elect to provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids. 2) The Council hereby provides that the following classes of work may be performed directly by the City without submitting the same for bids and without additional Council approval when in the opinion of the Director of Public Works or Director of Transportation, as appropriate, such work can be performed by municipal crews in a timely and cost effective manner and within budget: a) grading and graveling, repair, resurfacing and reconstruction of streets or alleys; b) construction, repair or maintenance of sanitary or storm sewers, water mains and other municipal utilities; c) repair, alterations or improvements to, and demolition and removal of structures City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 4 Municipal Code on municipal property or property to be acquired by the City; d) installation, repair or maintenance of street lights, traffic signals and signage e) construction, installation, repair or maintenance of electrical, cable or fiber optics systems Public works projects other than as specifically listed above, may be done directly by the City upon specific approval of the project by a vote of three-fourths members-elect of the Common Council as provided in subsection (1) above. SECTION 12-10 PURCHASES OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES Except as provided in Sections 12-12 through 12-17 below, all purchases of equipment; materials; supplies; and contractual services, including but not limited to, telephone services, cleaning and dry cleaning services, rental, repair or maintenance of equipment, machinery or other property to be owned or used by the City shall be done according to the following procedure: (A) Purchases or Contracts for Services, Supplies, Materials and Equipment in excess of $25,000 – Competitive Sealed Bids When the estimated aggregate costs for contractual services, materials and equipment may exceed twenty-five thousand dollars ($25,000) the Purchasing Authority, or designee, shall take competitive sealed bids: (1) Invitation for Bids. Where competitive sealed bidding is utilized, an Invitation for Bids shall be issued which shall include a purchase description and all contractual terms and conditions applicable to the procurement. (2) Public Notice. Appropriate public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, as required by law, or in accordance with policy approved by the City Manager. (3) Bid Opening. Bids shall be opened publicly at the time and place designated in the Invitation for Bids. The amount of each bid, and such other relevant information as may be specified in the Invitation for Bids, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection. (4) Bid Acceptance. Bids must be submitted timely, be substantially complete and when applicable, must include any pre-qualification documentation and bond requirements. (5) Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the bid documents, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, environmental responsibility, economic sustainability, delivery and suitability for a particular purpose. The contract shall be awarded with City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 5 Municipal Code reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bid documents. Such criteria may include: • the ability, capacity, and skill of the bidder to perform the contract or provide the service required; • whether the bidder can perform or contract the service promptly or within the time specified without delay or interference; • the quality of performance of previous contracts or services; • the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; • the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; • the quality, availability and adaptability of the equipment supplies or contractual services to the particular use required; • the ability of the bidder to obtain or provide future maintenance and services for the use of the subject of the contract; • the number and scope of conditions attached to the bid. Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common Council approval of a purchase. Minor errors include, but are not limited to, errors in a bidder’s completion of bid documents which are not material to the bid itself; which indicate no apparent prejudice to the public or other bidders, and which have no indication of compromising the integrity of the bidding process. The Purchasing Authority shall have authority to reject any and all bids or parts of all bids and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the City. 1. Tie Bids. While state law does not allow a local preference, in the event that identical lowest bids are received for the same contract total amount with unit price, quality and service being equal, the contract shall be awarded to a bidder with a business located within Oshkosh city limits. If there is no bidder with a business located within Oshkosh city limits the contract shall be awarded to one of the tie bidders by drawing lots. 2. Recommendation to Award. A bid tabulation summarizing the bids received for each item listing the name, bid price and other bid details shall be submitted by the Purchasing Authority to the City Manager with recommendation to award to the Common Council. 3. Protest. Protests to any sealed bid or bid award recommended by the Purchasing Authority or his or her designee may be made by any bidder as listed in subsection (1) and (2) below. Requests for Quotations and Request for Proposals are not bids and protest procedures do not apply. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 6 Municipal Code (1) Bid Specification Protest. Specifications that contain a term, condition or provision which prevents a vendor from bidding or are alleged to be restrictive relative to the market and/or the service requirements of the City can be appealed by filing a written protest with the City of Oshkosh Purchasing Authority at least five (5) business days prior to bid opening. The protest shall be in writing and state the reason for it. The Purchasing Authority or his or her designee shall review protests and, if modifications are necessary, an addenda containing the changes shall be sent to each bidder and the bid opening date may be extended. If modification is rejected, the protestor shall be notified. The decision of the General Purchasing Authority or his or her designee is final. (2) Bid Award Protest. Protests concerning irregularities on sealed bid opening procedures, or compliance by bidders with bid documents, must be received by the Purchasing Authority within seventy-two (72) hours after time of bid opening. A protest shall be in writing and state the reason for it. The Purchasing Authority or his or her designee shall review the protest and notify the protestor of a decision in writing within five business (5) days. No contract shall be awarded while a protest is pending, unless this action will cause undue harm to the City of Oshkosh. A protest which is untimely, fails to state the reason for it or made prior to the bid opening is invalid. The decision of the General Purchasing Authority or his or her designee may be appealed to the City Manager or his or her designee within seventy-two (72 hours) of the Purchasing Authority’s notification of modification rejection to the protestor. The decision of the City Manager or his or her designee is final. (3) Filing and Notification Requirements. Notification under this paragraph shall mean notification in writing. Documents filed for protests and Notification may be sent via United States mail in a manner which provides notification of the date of delivery, sent via facsimile transmission or email to the email address listed in the bid documents for the City or to the email address of the protestor as identified within the protest document. Notification shall be complete upon date of delivery of mail or date of transmission for facsimile or email service. 4. Protest. FTA funded procurements. For any protest related to a Federal Transportation Administration (FTA) funded procurement it is the responsibility of the local contract administrator to keep the FTA informed and updated on the status of the protest. Chapter VII, Sec. 1.b. of the FTA Circular 4220.1 F addresses protests where federal funds are involved. The FTA will only review protests regarding matters that are primarily of Federal concern. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 7 Municipal Code (B) Purchases or Contracts for Services, Supplies, Materials and Equipment greater than $1,500 but not in excess of $25,000 – Competitive Quotations When the purchase of contractual services, supplies, materials and equipment is expected to be greater $1,500 but not in excess of $25,000, the Purchasing Authority, or designee, shall solicit competitive quotations for contractual services, supplies, materials and/or equipment. (1) Competitive quotations. Whenever practicable, the Purchasing Authority shall solicit three competitive quotations from prospective suppliers. (2) Solicitation methods. The solicitation will require formal quotations to be delivered to the Purchasing Authority or designee as specified in the solicitation, in writing by direct mail, facsimile, telephone, email or in-person delivery by a date and time specified. SECTION 12-11 SOLE SOURCE Upon approval of the City Manager to do so without following a formal competitive bidding or quotation process, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements for the purchase of service(s), material(s), supplies, or equipment item(s) that is (are) available from only one source of supply or when standardization or compatibility is the overriding consideration. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12-12 PURCHASES OF COMMODITIES Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process and without separate approval from the Common Council for the purchase of commodities when the Purchasing Authority determines that it is in the best interest of the City to do so. For purposes of this ordinance, commodities shall mean products, such as fuel, which are reasonably homogenous goods or materials and which may be subject to changes or fluctuations in supply and demand and market price such that it is impractical or may not be in the best interest of the City to follow a competitive bidding or quotation process for procurement. SECTION 12-13 USED OR SURPLUS EQUIPMENT Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for the acquisition of any used or surplus or excess equipment, materials or supplies, from a federal, state or local government if the Purchasing Authority in consultation with the appropriate department head determines that such acquisition is in the best interest of the City. When the estimated aggregate cost of City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 8 Municipal Code a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12-14 EMERGENCY PURCHASES Subject to approval of the City Manager and without separate approval from the Common Council, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for purchases when warranted by an emergency situation: (1) that threatens the public health, safety, or welfare and all of the following conditions exist: was unforeseen, calls for immediate action, and cannot be responded to using established procurement methods; or (2) exists as the result of a proclamation under Section 9-2 Declaration of Emergency and Emergency Powers, of this Code; provided in such case, the Department or Division head reports such purchases to the Purchasing Authority during the next City Hall working day, or as soon thereafter as practicable. Purchases made pursuant to the provisions in this paragraph shall be reported to the Common Council upon Declaration of the end of the Emergency. SECTION 12-15 COOPERATIVE PURCHASING PROGRAMS Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or Divisions may without following a competitive bidding or quotation process enter into agreements for purchases pursuant to a contract with any other local, state, or federal governmental unit or agency. Where a federal, state, or local government or cooperative purchasing group made up of purchasing officers from a federal, state, or local government, has awarded a contract for the purchase of equipment; materials; supplies; and contractual services, the Purchasing Authority may, using the same terms and conditions of the contract, purchase or lease the same equipment; materials; supplies; or contractual services from the vendor to whom the contract was awarded. The City may participate in cooperative purchasing agreements with other federal, state, or local governments. The City may enter into agreements for the common use or lease of facilities with other units of federal, state, or local government. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph under a competitive bidding process from any cooperative purchasing program anticipated to exceed $25,000 on a single project. When the estimated costs may City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 9 Municipal Code exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. SECTION 12-16 PROFESSIONAL SERVICES Subject to the approval of the City Manager, the City’s Purchasing Authority, or City Departments or Divisions without following a competitive bidding or quotation process and without separate approval from the Common Council may enter into agreements, without regard to the limitation on duration for multi-year and renewal agreements specified in Section 12-8 of this code, for the purchase of professional services. For purposes of this ordinance, professional services includes services, the value of which are substantially measured by the professional competence of the persons performing them and which are not susceptible to realistic competition by cost alone, including, but not limited to, those customarily rendered by architects, engineers, surveyors, real estate appraisers, certified public accountants, attorneys, financial advisors, medical and social service providers, computer software applications, systems development and implementation, management and other consultants, promotional programs such as marketing and advertising. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph for any professional services anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. ARTICLE III. ABANDONED OR SURPLUS PROPERTY SECTION 12-17 ABANDONED OR SURPLUS PROPERTY (A) Surplus Property The Purchasing Authority shall dispose of all surplus materials or equipment and all personal property which has been abandoned or remained unclaimed for a period of 30 days after the City has taken possession of such property by any of the following means: (1) On a competitive basis by informal quotation; (2) By public auction such as Osh-Buy; (3) By converting such property to City use; (4) Where the property has no apparent value, by disposal of such property by any appropriate means. (5) Where the property is liquor, fermented malt beverages or contraband, by destruction of such property by any appropriate means. The Purchasing Authority, or the Oshkosh Police Department in the case of abandoned property held in its custody, shall maintain as a public record for a period of not less than 2 years from the date of disposal, an inventory of the abandoned or unclaimed personal property, a record of the City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 10 Municipal Code date and method of disposal including the consideration, if any received, for the property and the name and address of the person taking possession of the personal property. (B) Flammable Property (1) The Purchasing Authority or designee may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substance, materials or devices posing a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials or devices without a public auction, in consultation with appropriate authorities. (2) If such items do not pose an immediate danger and have commercial value in the normal business usage, or if such items appear to be or are reported stolen, the Purchasing Authority or designee shall attempt to return such items to the rightful owner if ownership can be determined; if such attempt is not successful or ownership cannot be determined, the Purchasing Authority or designee shall dispose of such items as provided in subparagraph (1) of this subsection. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 1 Municipal Code CHAPTER 12 FINANCEPROPERTY AND PURCHASING ARTICLE I. FISCAL REGULATIONSCITY PROPERTIES (RESERVED) 12-1 FISCAL YEAR AUTHORITY AND JURISDICTION 12-2 CITY MANAGER TO PREPARE ANNUAL BUDGET FACILITY RULES AND REGULATIONS 12-3 BUDGET OVERDRAFTSPENALTIES FOR VIOLATION OF FACILITY RULES AND REGULATIONS 12-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY 12-5 MUNICIPAL DISBURSEMENTS 12-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES ARTICLE II. PURCHASING 12-7 AUTHORITY 12-8 GENERAL PROVISIONS 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS 12-10 PURCHASE OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES 12-11 SOLE SOURCE 12-12 PURCHASES OF COMMODITIES 12-13 USED OR SURPLUS EQUIPMENT 12-14 EMERGENCY PURCHASES 12-15 COOPERATIVE PURCHASING PROGRAMS 12-16 PROFESSIONAL SERVICES ARTICLE III. ABANDONED OR SURPLUS PROPERTY 12-17 ABANDONED OR SURPLUS PROPERTY City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 2 Municipal Code ARTICLE I. FISCAL REGULATIONSCITY PROPERTIES (RESERVED) SECTION 12-1 FISCAL YEAR The calendar year shall be the fiscal year. SECTION 12-2 CITY MANAGER TO PREPARE ANNUAL BUDGET The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on or before the 1st day of November of each year. SECTION 12-3 BUDGET OVERDRAFTS (A) Prohibited No City officer, employee, or agent, including the members of all boards and commissions, either acting individually as officers, employees, or agents, or acting in concert as a board or commission, shall overdraw the annual budget as adopted by the Common Council for the particular department or phase of City work with which such officer, employee, agent, board or commission is charged. Such prohibition against overdrafts is intended to apply to each particular item set out in the particular budget of each department, or devoted to some particular phase of City work, except as otherwise allowed pursuant to the following Subsections. (B) City Manager Action Required for Overdrafts of Accounts In the event that any overdraft of any divisional budget in the annual budget is to be made the department head, board or commission officer, agent, or employee requesting the same shall present his or her request to the City Manager in writing, setting forth the amount requested and the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the divisional budget and if there are sufficient and available funds in the departmental budget, the City Manager may cause the necessary and appropriate transfer to be made by written executive order. (C) Council Action Required for Overdrafts of the Approved Annual Budget In the event that of an overdraft of any approved departmental budget is to be made, the department head, board or commission officer, agent, or employee requesting the overdraft shall present his or her request in writing to the City Manager, setting forth the amount requested and the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council Commented [LL1]: City staff is in the process of reviewing current policies and considering ordinances in relation to the authority over and responsibility for various city properties. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 3 Municipal Code may then cause the necessary and appropriate transfer to be made in such amount as the Council shall determine. SECTION 12-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY See Section 65.10, Wisconsin Statutes. SECTION 12-5 MUNICIPAL DISBURSEMENTS (A) State Statutes Adopted All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of the Wisconsin State Statutes, except as hereafter provided. (B) Facsimile Signatures of Officials All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on all order checks drawn against a City Depository for all purposes the facsimile signatures of such persons as adopted by them and the Council. The use of such facsimile signature shall not relieve any municipal official from any liability to which he or she is otherwise subject, including the unauthorized use thereof. Any depository shall be fully warranted and protected in making payment on any check bearing such facsimile notwithstanding that the same may have been placed thereon without the authority of the designated persons. (C) Filing Vouchers Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant and the address and amount and nature of the claim shall be filed with the City Treasurer either by the claimant or by the board or commission which authorized the expenditure, who will prepare a list of the same to be filed with the City Clerk. (D) Issuance of Orders Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in accordance with said Section 66.0607. SECTION 12-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES Taxes, special assessments, and special charges shall be paid and collected in the City as provided in Chapter 74 of the Wisconsin Statutes, and as herein provided. (A) Full Payment City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 4 Municipal Code Taxes and special assessments may be paid in one payment on or before five (5) working days after January 31. Special charges and other taxes must be paid in full on or before five (5) working days after January 31. (B) Installment Payments Taxpayers have the option of paying their real estate taxes and special assessments in four installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (C) Minimum Installment If the amount of either real estate taxes or special assessments is less than $100, the amount shall be paid in full on or before five (5) working days after January 31. (D) Personal Property Taxes (1) All taxpayers have the option of paying personal property taxes on improvements on leased land in four installments, each equal to 25% of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (2) Notwithstanding any other provision to the contrary, all personal property taxes not subject to paragraph (1) above shall be paid in full on or before five (5) working days after January 31. (E) Interest Penalty Any payment not received on or before five (5) working days after its due date shall have added thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full. Delinquent payments shall accrue interest as of February 1. ARTICLE II. PURCHASING SECTION 12-7 AUTHORITY The General Services Bureau Manager is hereby designated as the Purchasing Authority for the City of Oshkosh and shall make all purchases for all City departments, whose funds are under the direction of the City Manager or Council. The Purchasing Authority will be responsible for city purchases, but may delegate to others the tasks related to purchasing. Those city entities, whose funds are not under the direction of the City Manager or Council, may, upon mutual agreement, utilize the services of the Purchasing Authority. Regardless of whether purchasing is performed by the Purchasing Authority, a Commented [LL2]: No changes City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 5 Municipal Code designee of the Purchasing Authority or another city entity, all purchasing shall be done in accordance with state statutes, municipal code, and the city’s purchasing policies and on the basis of the lowest price commensurate with quality, service, and delivery. SECTION 12-8 GENERAL PROVISIONS (A) The City’s Purchasing Authority or City Departments or Divisions may purchase supplies, equipment, goods and materials, and recommend that the City enter into agreements or contracts for services or Public Works when the costs of the same have been included in the approved City budget. Except as specifically excluded by State Statute or this Municipal Code, when the estimated aggregate costs may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. (B) The City Manager and his/her designee shall be authorized to enter into agreements or purchase orders as appropriate, when the costs have been included in the City Budget and the estimated aggregate costs of the purchase will not exceed twenty-five thousand dollars ($25,000). (C) No contract or purchase shall be done by serial purchases or otherwise artificially subdivided to avoid complying with the requirements of this ordinance. (D) This Chapter shall apply to every purchase regardless of the source of the funds to be used for the purchase, including state and federal assistance, gifts, grants and any other funds received by the City, except nothing in this Chapter shall prevent the City from complying with the terms and conditions of any federal or state grant or other assistance requirements. (E) Upon approval of the City Manager, the City may enter into multi-year agreements or renew existing agreements for supplies, equipment, goods and materials, and/or services, with an initial term of no longer than three (3) years and with extensions thereof up to a maximum of five (5) years in total duration, when the original bid or quotation requested pricing for multiple years or the option for renewal and the appropriate department head together with the Purchasing Authority determines that it is in the best interest of the City to enter into the multi-year agreement or renewal. (F) Change orders are required for changes in project scope or cost. Change orders will be made in accordance with the following procedures: (1) Approval authority. Unless otherwise specified, change orders can be approved by the City Manager for an amount within the amount budgeted, up to $25,000 or 15% of the contract price, whichever is lower. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 6 Municipal Code Any change order in excess of the budgeted amount, in excess of $25,000 or in excess of 15% of the contract price, shall require recommendation by the City Manager and approval by the Common Council. (2) For contracts or purchases which were not approved by the Common Council because they were estimated to not exceed $25,000, change orders shall not cause the total contract or purchase to exceed $25,000 without Council Approval. (3) Notwithstanding the limitations contained in paragraphs 1 and 2 above, the City Manager shall have the authority to approve change orders which, in the City Manager’s discretion, are in the best interests of the City and necessary to not impede progress upon a project or required by emergency or other necessity. The City Manager shall report change orders entered into under this paragraph which would have required Council approval to the Common Council as soon as practicable and within 60 days of approval of the change order. (G) The City Manager shall prepare and submit to the Common Council a written report concerning purchases for any vendors or service providers whose total aggregate purchases in a single calendar year exceed $300,000. SECTION 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS (A) Public Bidding – Projects in excess of $25,000. In accordance with Wisconsin State Statute Section 62.15, as amended or renumbered, and except as specifically permitted by statute or as provided below, all public works projects for which the cost may exceed $25,000 must be competitively bid. The bidding and award process for such projects shall be governed by Section 66.0901, as amended or renumbered, of the Wisconsin State Statutes. (B) Public Works Projects less than $25,000. Public Works projects for which the cost is expected to be less than $25,000 need not be publicly bid however, except as specifically permitted by statute or as provided below, all Public Works projects for which the cost may exceed $5,000 but are anticipated to not exceed $25,000 must be noticed with a Class I Notice as provided in Wisconsin State Statute Section 62.15. (C) Work to be done directly by the City 1) Wisconsin Statutes permit the Common Council by a vote of three-fourths of all the members-elect to provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids. 2) The Council hereby provides that the following classes of work may be performed directly by the City without submitting the same for bids and without additional Council approval when in the opinion of the Director of Public Works or Director of City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 7 Municipal Code Transportation, as appropriate, such work can be performed by municipal crews in a timely and cost effective manner and within budget: a) grading and graveling, repair, resurfacing and reconstruction of streets or alleys; b) construction, repair or maintenance of sanitary or storm sewers, water mains and other municipal utilities; c) repair, alterations or improvements to, and demolition and removal of structures on municipal property or property to be acquired by the City; d) installation, repair or maintenance of street lights, traffic signals and signage e) construction, installation, repair or maintenance of electrical, cable or fiber optics systems Public works projects other than as specifically listed above, may be done directly by the City upon specific approval of the project by a vote of three-fourths members-elect of the Common Council as provided in subsection (1) above. SECTION 12-10 PURCHASES OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES Except as provided in Sections 12-12 through 12-17 below, all purchases of equipment; materials; supplies; and contractual services, including but not limited to, telephone services, cleaning and dry cleaning services, rental, repair or maintenance of equipment, machinery or other property to be owned or used by the City shall be done according to the following procedure: (A) Purchases or Contracts for Services, Supplies, Materials and Equipment in excess of $25,000 – Competitive Sealed Bids When the estimated aggregate costs for contractual services, materials and equipment may exceed twenty-five thousand dollars ($25,000) the Purchasing Authority, or designee, shall take competitive sealed bids: (1) Invitation for Bids. Where competitive sealed bidding is utilized, an Invitation for Bids shall be issued which shall include a purchase description and all contractual terms and conditions applicable to the procurement. (2) Public Notice. Appropriate public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, as required by law, or in accordance with policy approved by the City Manager. (3) Bid Opening. Bids shall be opened publicly at the time and place designated in the Invitation for Bids. The amount of each bid, and such other relevant information as may be specified in the Invitation for Bids, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 8 Municipal Code (4) Bid Acceptance. Bids must be submitted timely, be substantially complete and when applicable, must include any pre-qualification documentation and bond requirements. (5) Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the bid documents, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, environmental responsibility, economic sustainability, delivery and suitability for a particular purpose. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bid documents. Such criteria may include: the ability, capacity, and skill of the bidder to perform the contract or provide the service required; whether the bidder can perform or contract the service promptly or within the time specified without delay or interference; the quality of performance of previous contracts or services; the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; the quality, availability and adaptability of the equipment supplies or contractual services to the particular use required; the ability of the bidder to obtain or provide future maintenance and services for the use of the subject of the contract; the number and scope of conditions attached to the bid. Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common Council approval of a purchase. Minor errors include, but are not limited to, errors in a bidder’s completion of bid documents which are not material to the bid itself; which indicate no apparent prejudice to the public or other bidders, and which have no indication of compromising the integrity of the bidding process. The Purchasing Authority shall have authority to reject any and all bids or parts of all bids and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the City. 1. Tie Bids. While state law does not allow a local preference, in the event that identical lowest bids are received for the same contract total amount with unit price, quality and service being equal, the contract shall be awarded to a bidder with a business located within Oshkosh city limits. If there is no bidder with a business located within Oshkosh city limits the contract shall be awarded to one of the tie bidders by drawing lots. 2. Recommendation to Award. A bid tabulation summarizing the bids received for each item listing the name, bid price and other bid details shall be submitted by the Purchasing Authority to the City Manager with recommendation to award to the Common Council. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 9 Municipal Code 3. Protest. Protests to any sealed bid or bid award recommended by the Purchasing Authority or his or her designee may be made by any bidder as listed in subsection (1) and (2) below. Requests for Quotations and Request for Proposals are not bids and protest procedures do not apply. (1) Bid Specification Protest. Specifications that contain a term, condition or provision which prevents a vendor from bidding or are alleged to be restrictive relative to the market and/or the service requirements of the City can be appealed by filing a written protest with the City of Oshkosh Purchasing Authority at least five (5) business days prior to bid opening. The protest shall be in writing and state the reason for it. The Purchasing Authority or his or her designee shall review protests and, if modifications are necessary, an addenda containing the changes shall be sent to each bidder and the bid opening date may be extended. If modification is rejected, the protestor shall be notified. The decision of the General Purchasing Authority or his or her designee is final. (2) Bid Award Protest. Protests concerning irregularities on sealed bid opening procedures, or compliance by bidders with bid documents, must be received by the Purchasing Authority within seventy-two (72) hours after time of bid opening. A protest shall be in writing and state the reason for it. The Purchasing Authority or his or her designee shall review the protest and notify the protestor of a decision in writing within five business (5) days. No contract shall be awarded while a protest is pending, unless this action will cause undue harm to the City of Oshkosh. A protest which is untimely, fails to state the reason for it or made prior to the bid opening is invalid. The decision of the General Purchasing Authority or his or her designee may be appealed to the City Manager or his or her designee within seventy-two (72 hours) of the Purchasing Authority’s notification of modification rejection to the protestor. The decision of the City Manager or his or her designee is final. (3) Filing and Notification Requirements. Notification under this paragraph shall mean notification in writing. Documents filed for protests and Notification may be sent via United States mail in a manner which provides notification of the date of delivery, sent via facsimile transmission or email to the email address listed in the bid documents for the City or to the email address of the protestor as identified within the protest document. Notification shall be complete upon date of delivery of mail or date of transmission for facsimile or email service. 4. Protest. FTA funded procurements. For any protest related to a Federal Transportation Administration (FTA) funded procurement it is the responsibility of the local contract administrator to keep the FTA informed and updated on the status of the protest. Chapter City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 10 Municipal Code VII, Sec. 1.b. of the FTA Circular 4220.1 F addresses protests where federal funds are involved. The FTA will only review protests regarding matters that are primarily of Federal concern. (B) Purchases or Contracts for Services, Supplies, Materials and Equipment greater than $1,500 but not in excess of $25,000 – Competitive Quotations When the purchase of contractual services, supplies, materials and equipment is expected to be greater $1,500 but not in excess of $25,000, the Purchasing Authority, or designee, shall solicit competitive quotations for contractual services, supplies, materials and/or equipment. (1) Competitive quotations. Whenever practicable, the Purchasing Authority shall solicit three competitive quotations from prospective suppliers. (2) Solicitation methods. The solicitation will require formal quotations to be delivered to the Purchasing Authority or designee as specified in the solicitation, in writing by direct mail, facsimile, telephone, email or in-person delivery by a date and time specified. SECTION 12-11 SOLE SOURCE Upon approval of the City Manager to do so without following a formal competitive bidding or quotation process, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements for the purchase of service(s), material(s), supplies, or equipment item(s) that is (are) available from only one source of supply or when standardization or compatibility is the overriding consideration. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12-12 PURCHASES OF COMMODITIES Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process and without separate approval from the Common Council for the purchase of commodities when the Purchasing Authority determines that it is in the best interest of the City to do so. For purposes of this ordinance, commodities shall mean products, such as fuel, which are reasonably homogenous goods or materials and which may be subject to changes or fluctuations in supply and demand and market price such that it is impractical or may not be in the best interest of the City to follow a competitive bidding or quotation process for procurement. SECTION 12-13 USED OR SURPLUS EQUIPMENT Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 11 Municipal Code the acquisition of any used or surplus or excess equipment, materials or supplies, from a federal, state or local government if the Purchasing Authority in consultation with the appropriate department head determines that such acquisition is in the best interest of the City. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12-14 EMERGENCY PURCHASES Subject to approval of the City Manager and without separate approval from the Common Council, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for purchases when warranted by an emergency situation: (1) that threatens the public health, safety, or welfare and all of the following conditions exist: was unforeseen, calls for immediate action, and cannot be responded to using established procurement methods; or (2) exists as the result of a proclamation under Section 9-2 Declaration of Emergency and Emergency Powers, of this Code; provided in such case, the Department or Division head reports such purchases to the Purchasing Authority during the next City Hall working day, or as soon thereafter as practicable. Purchases made pursuant to the provisions in this paragraph shall be reported to the Common Council upon Declaration of the end of the Emergency. SECTION 12-15 COOPERATIVE PURCHASING PROGRAMS Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or Divisions may without following a competitive bidding or quotation process enter into agreements for purchases pursuant to a contract with any other local, state, or federal governmental unit or agency. Where a federal, state, or local government or cooperative purchasing group made up of purchasing officers from a federal, state, or local government, has awarded a contract for the purchase of equipment; materials; supplies; and contractual services, the Purchasing Authority may, using the same terms and conditions of the contract, purchase or lease the same equipment; materials; supplies; or contractual services from the vendor to whom the contract was awarded. The City may participate in cooperative purchasing agreements with other federal, state, or local governments. The City may enter into agreements for the common use or lease of facilities with other units of federal, state, or local government. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 12 Municipal Code The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph under a competitive bidding process from any cooperative purchasing program anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. SECTION 12-16 PROFESSIONAL SERVICES Subject to the approval of the City Manager, the City’s Purchasing Authority, or City Departments or Divisions without following a competitive bidding or quotation process and without separate approval from the Common Council may enter into agreements, without regard to the limitation on duration for multi-year and renewal agreements specified in Section 12-8 of this code, for the purchase of professional services. For purposes of this ordinance, professional services includes services, the value of which are substantially measured by the professional competence of the persons performing them and which are not susceptible to realistic competition by cost alone, including, but not limited to, those customarily rendered by architects, engineers, surveyors, real estate appraisers, certified public accountants, attorneys, financial advisors, medical and social service providers, computer software applications, systems development and implementation, management and other consultants, promotional programs such as marketing and advertising. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph for any professional services anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. ARTICLE III. ABANDONED OR SURPLUS PROPERTY SECTION 12-17 ABANDONED OR SURPLUS PROPERTY (A) Surplus Property The Purchasing Authority shall dispose of all surplus materials or equipment and all personal property which has been abandoned or remained unclaimed for a period of 30 days after the City has taken possession of such property by any of the following means: (1) On a competitive basis by informal quotation; (2) By public auction such as Osh-Buy; (3) By converting such property to City use; (4) Where the property has no apparent value, by disposal of such property by any appropriate means. (5) Where the property is liquor, fermented malt beverages or contraband, by destruction of such property by any appropriate means. City of Oshkosh Municipal Code Revised thru 04/26/2022 City of Oshkosh Chapter 12 – Page 13 Municipal Code The Purchasing Authority, or the Oshkosh Police Department in the case of abandoned property held in its custody, shall maintain as a public record for a period of not less than 2 years from the date of disposal, an inventory of the abandoned or unclaimed personal property, a record of the date and method of disposal including the consideration, if any received, for the property and the name and address of the person taking possession of the personal property. (B) Flammable Property (1) The Purchasing Authority or designee may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substance, materials or devices posing a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials or devices without a public auction, in consultation with appropriate authorities. (2) If such items do not pose an immediate danger and have commercial value in the normal business usage, or if such items appear to be or are reported stolen, the Purchasing Authority or designee shall attempt to return such items to the rightful owner if ownership can be determined; if such attempt is not successful or ownership cannot be determined, the Purchasing Authority or designee shall dispose of such items as provided in subparagraph (1) of this subsection. SECTION 17-12 NOTICES, ADVERTISEMENTS AND BILL POSTING No person shall post paper or otherwise affix or paint any bill, notice or advertisement on any part of the outer walls of any building, fence or other property or structure within the limits of the City without first having obtained the consent of the owner thereof. No person shall post paper or otherwise affix or paint any bill, notice or advertisement on any city owned property including, but not limited to, upon any public building, fence, park or transit shelter, curb, sidewalk, pavement, street lighting post, utility post, fire hydrant, or any other structure except as expressly authorized by law or permission of the City of Oshkosh through Right-of-Way Permit, Encroachment Agreement, Special Events Permit or other specific written authorization. SECTION 17-12 NOTICES, ADVERTISEMENTS AND BILL POSTING ADVERTISEMENTS ON PRIVATE PROPERTY WITHOUT OWNER'S CONSENT PROHIBITED No person shall post paper or otherwise affix or paint any written or painted bill, notice or advertisement on any part of the outer walls of any building, fence or other property or structure within the limits of the City without first having obtained the consent of the owner thereof. No person shall post paper or otherwise affix or paint any bill, notice or advertisement on any city owned property including, but not limited to, upon any public building, fence, park or transit shelter, curb, sidewalk, pavement, street lighting post, utility post, fire hydrant, or any other structure except as expressly authorized by law or permission of the City of Oshkosh through Right-of-Way Permit, Encroachment Agreement, Special Events Permit or other specific written authorization. City of Oshkosh Municipal Codes Revised 7/31/07 City of Oshkosh Chapter 18 – Page 1 Municipal Codes CHAPTER 18 LICENSES 18-1 LICENSE YEAR. 18-2 CIGARETTE SALES. 18-3 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES. SECTION 18-1 LICENSE YEAR. Unless otherwise specifically provided, the license year for licenses granted under the provisions of this chapter shall begin on July 1st in each year and end on June 30th in the following year. SECTION 18-2 CIGARETTE SALES. The license regulating tobacco in the City shall be governed by the provisions of Section 134.65 of the Wisconsin Statutes. (a) The annual fee for such license shall be $100.00. There shall be no proration of this fee for licenses issued during the license year. SECTION 18-3 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES. (A) Unless otherwise specifically provided within this municipal code, licenses and permits shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: i. the unpaid taxes, assessments or special charges were levied against the premises; and ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At Commented [LL1]: Moved to Chapter 8 Licenses and Permits Commented [LL2]: Moved to Chapter 8 Licenses and Permits Commented [LL3]: Reference in Chapter 8 Licenses and Permits; substantive provision moved to Chapter 3 Finance City of Oshkosh Municipal Codes Revised 7/31/07 City of Oshkosh Chapter 18 – Page 2 Municipal Codes the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Russ Van Gompel, Director of Finance D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Ord 24-94 Amend Definition of Overtime Parking and Basic Penalties for Violation of Parking Provisions B A C KGRO UN DBACKGROUND Current City ordinances for the enforcement of parking restrictions have been reviewed by staff and it has been determined the code relating to Violations upon Issuance of Parking Ticket needs to be updated to reflect fines currently in place in our peer communities. A N A L Y SI SANALYSIS Staff receive a significant number of calls and complaints related to illegal parking from residents and businesses. One way to better manage parking supply is to encourage the purchase of parking permits and leased parking stalls while also deterring illegal parking. However, with our current fine structure we have heard that some parkers are choosing to risk receiving a $15 citation instead of purchasing a permit. The city believes updating parking fines will encourage the purchase of parking permits while also deterring illegal parking. In addition to the current fee structure, Section 27-54 allows for two increases, $15 after 10 days, and $35 after 30 days, respectively. Current Fee Proposed Fee Appleton*Green Bay No parking 2 a.m. to 5 a.m. $15 $30 $28 $32 Parked on private property $15 $30 $23 $42 Prohibited parking (signed) $15 $30 $23 $32 Unauthorized Use of Permit/Leased Stall $15 $30 Overtime parking violation $15 $20 $8 - tow $22 Failure to properly display permit $15 $20 $23 $32 Fraudulent use of parking permit $15 $50 $23 $32 Disabled Parking Violation $150 $250 $303 $302 Fire lanes $50 $50 $23 N/A Other violations $15 $30 $23 $22-$42 *City of Appleton fines are listed at $25 higher, but are reduced if paid within 15 days. The discounted rate is illustrated. In addition to increasing the basic penalties for parking violations, staff recommends clarifying language pertaining to overtime parking for those parkers who overstay limits within a particular parking stall. The proposed ordinance clarifies the definition of application of overtime parking regulations for timed parking areas and leased and permitted stalls within municipal parking lots, allowing issuance of a separate violation for every hour in excess of timed limits or every hour of unauthorized use of a permitted or lease stall. FI SC A L I M P A CTFISCAL I M P A C T Additional revenue generated will help dedicate additional resources to consistent enforcement. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council approve the attached ordinance to amend Chapter 27 Section 53, Enforcement of Parking Restriction. A t t a chment sAttachments Ord 24-94 Ch 27 parking fines - clean parking fines redline 2/27/2024 24-94 ORDINANCE SECOND READING 2/13/2024 24-75 ORDINANCE FIRST READING PURPOSE: AMEND DEFINITION OF OVERTIME PARKING AND BASIC PENALTIES FOR VIOLATION OF PARKING PROVISIONS INITIATED BY : Finance Department A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27-25, 27-52 (B) AND (D) AND 27-53 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF OVERTIME PARKING AND TO BASIC PENALTIES FOR VIOLATION OF PARKING PROVISIONS WHEREAS, City staff has reviewed the penalties for parking violations in relation to current permit and lease fees for parking within the city and in comparison with neighboring municipalities; and WHEREAS, in connection with that review staff believes that it would be beneficial to also clarify the definition and application of overtime parking regulations in timed parking areas as well as permitted/leased stalls in municipal parking lots. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Section 27-25 of the City of Oshkosh Municipal Code pertaining to Overtime Parking is hereby repealed and recreated as attached. SECTION 2. That Section 27-52(B) and (D) of the City of Oshkosh Municipal Code pertaining to Overtime Parking are hereby repealed and recreated as attached. SECTION 3. That Section 27-53 of the City of Oshkosh Municipal Code pertaining to Basic Penalties for Violations upon Issuance of a Parking Ticket is hereby repealed and recreated as attached. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 5. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #24-94 AMEND DEFINITION OF OVERTIME PARKING AND BASIC PENALTIES FOR VIOLATION OF PARKING PROVISIONS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27-25, 27-52 (B) AND (D) AND 27-53 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF OVERTIME PARKING AND TO BASIC PENALTIES FOR VIOLATION OF PARKING PROVISIONS) on February 27, 2024. The ordinance clarifies the definition of application of overtime parking regulations for timed parking areas and leased and permitted stalls within municipal parking lots allowing issuance of a separate violation for every hour in excess of timed limits or every hour of unauthorized use of a permitted or lease stall. The ordinance also increases the basic penalties for parking violations within the City. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 1 Municipal Code CHAPTER 27 VEHICLES AND TRAFFIC SECTION 27-25 OVERTIME PARKING It shall be unlawful for any person to park any vehicle in any municipal parking lot, right-of- way or other municipally owned or operated parking area for a period of time in excess of the maximum time fixed by ordinance and posted for that parking area. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l) or more coins or for any person to use pay and display for the purpose of extending the parking time beyond the maximum time fixed by ordinance and posted for that parking area. SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS B. Overtime Parking. A vehicle that remains in excess of the time period fixed by ordinance and posted shall be in violation of the overtime parking provisions contained in this ordinance. Except for violations of overnight parking restrictions, in all areas, including those areas where the time limit is less than one hour regulated by parking meters or by sign, a separate violation occurs every hour that the vehicle remains in violation. D. Permit/Leased Stall Violations. A separate violation occurs every hour that a vehicle remains in a permitted/leased stall without a proper permit/lease in violation of the provisions of this Chapter. SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING TICKET The basic penalty for violation of the listed parking violations shall be as follows: No parking 2 a.m. to 5 a.m. ..............................$30 Parked on private property ............................$30 Prohibited parking (signed) ...........................$30 Unauthorized Use of Permit/Leased Stall .$30 Overtime parking violation ............................$20 Failure to properly display permit .................$20 Fraudulent use of parking permit ..................$50 Disabled Parking Violation ..........................$250 Fire lanes ............................................................$50 Other violations ................................................$30 City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 1 Municipal Code CHAPTER 27 VEHICLES AND TRAFFIC SECTION 27-25 OVERTIME PARKING It shall be unlawful for any person to park any vehicle in any municipal parking area lot, right- of-way or other municipally owned or operated parking area for a period of time in excess of the maximum time fixed by ordinance and posted for that parking area. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l) or more coins or for any person to use pay and display for the purpose of extending the parking time beyond the maximum time fixed by ordinance and posted for that parking area. SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS B. Overtime Parking. Every time period that aA vehicle that remains in excess of the time period fixed by ordinance and posted limit will constitute a new violationshall be in violation of the overtime parking provisions contained in this ordinance . Except for violations of overnight parking restrictions, in In all areas, including those areas where the time limit is greater than 15 minutes and is less than one hour, regulated by parking meters or by sign, a separate violation occurs every hour that the vehicle remains in violation. D. Permit/Leased Stall Violations. A separate violation occurs every hour that a vehicle remains in a permitted/leased stall without a proper permit/lease in violation of the provisions of this Chapter. SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING TICKET The basic penalty for violation of the listed parking violations shall be as follows: No parking 2 a.m. to 5 a.m. .........................$15 30 Parked on private property ........................$1530 Prohibited parking (signed) .......................$1530 Unauthorized Use of Permit/Leased Stall .$30 Overtime parking violation ........................$1520 City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 2 Municipal Code Failure to properly display permit .............$1520 Fraudulent use of parking permit ..............$1550 Disabled Parking Violation ....................$150250 Fire lanes ............................................................$50 Other violations ............................................$1530 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Ord 24-95 Amend Section 27-36 and Appendix 27B Regarding Designation of Parking Spaces in Downtown Municipal Parking Lots (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND The BID has requested some of the designated permitted stalls in the city's downtown parking lots be converted to free, 2-hour parking and that the city sell 24-hour leased stalls for $50 per month, or $500 per year. A N A L Y SI SANALYSIS Currently, the city sells about 40-80 monthly parking permits. However, there are 239 permitted parking stalls. Many of these unoccupied permitted parking spaces are in desirable areas for short-term customer parking. By converting just over 100 stalls from permitted to 2-hour parking, there will be quite a few more parking stalls available for customers and the city will be revenue neutral. Selling additional 24-hour leased parking stalls will help generate some revenue for the parking utility as well as give downtown businesses and residents an option to purchase reserved parking for themselves, their tenants, and/or employees. It is believed that these stalls will be highly desired. The leased stalls should move employees and tenants to these stalls and free up convenient short-term parking for customers. It is likely that with inconsistent enforcement, many employees and tenants park illegally and/or move their cars throughout the day. Please see the attached list and maps for more information. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee recommended approval via roll-call vote at the January 9, 2024, meeting (5-0). FI SC A L I M P A CTFISCAL I M P A C T These changes are expected to increase revenue for the parking utility as more parking stalls are leased. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Appendix27B of the Municipal Code pertaining to parking designations in downtown municipal parking lots. A t t a chment sAttachments Ord 24-95 Parking Ordinance_clean Parking Ordinance_redline Downtown Parking Leased Stalls Proposal 8th Ave 9th Ave 10th Ave City Hall P-01 300 West P-02 CC North P-03 400 East P-05 Grand South P-06 Hotel Ramp P-07 Library P-09 Otter P-10 200 East P-11 200 West P-12 Rec Dept P-13 CC East P-14 State P-15 300 East P-16 400 West P-17 500 West P-18 Leach Spanbauer 2/27/2024 24-95 ORDINANCE SECOND READING 2/13/2024 24-76 ORDINANCE FIRST READING PURPOSE: AMEND SECTION 27-36 AND APPENDIX 27B REGARDING DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS INITIATED BY : Transportation Department TRANSPORTATION COMMISSION RECOMMENDATION: APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-36 AND APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS WHEREAS, the Downtown Business Improvement District (BID) has requested some of the designated permit stalls in the city’s downtown parking lots be converted to free 2-hour parking and that the city sell 24 hour leased stalls; and WHEREAS, other municipal parking lots also contain leased and permitted stalls and it is prudent to update all municipal parking lot maps for consistency. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Section 27-36 of the City of Oshkosh Municipal Code pertaining to Regulations in Municipal Parking Lots is hereby repealed and recreated as attached. SECTION 2. That the maps for parking designations in municipal parking lots within Appendix 27B of the City of Oshkosh Municipal Code are hereby repealed and recreated as attached. SECTION 3. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 4. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #24-95 AMEND SECTION 27-36 AND APPENDIX 27B REGARDING DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-36 AND APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS) on February 27, 2024. The ordinance amends parking regulations and designation of leased and permitted stalls within municipal parking lots to provide flexibility in permitting or leasing stalls on an individual basis and requires that stalls leased or permitted be appropriately identified by adequate signage. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 1 Municipal Code CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE V. NON-METERED PARKING RESTRICTIONS 27-35 MUNICIPAL PARKING LOTS 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS SECTION 27-35 MUNICIPAL PARKING LOTS As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of Oshkosh and used for general public parking lot purposes, including: 8th North Lot 9th South Lot 10th South Lot 200 East Lot 200 West Lot 300 East Lot 300 West Lot 400 East Lot 400 West Lot 500 West Lot City Hall Lot Convention Center East Convention Center North Grand Lot Leach Lot Library Lot Otter Lot Rec. Gym Lot Spanbauer Field Lot State Lot SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS (A) Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each Municipal Parking Lot. Regulations governing designation of parking spaces, time City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 2 Municipal Code limits, permit parking, leased parking, employee and visitor parking in the City Hall lot and other such regulations pertaining to the designation of spaces or time limits for each Municipal Parking Lot shall be as set forth in appendix 27B to this Chapter. (B) Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except within the limits of a designated parking space. (C) Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period of time in excess of the maximum time fixed for that parking space as set forth in appendix 27B to this Chapter. (D) Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any vehicle in any Municipal Parking Lot for more than twenty-four (24) consecutive hours, except for vehicles displaying a valid leased parking permit. (E) Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking . Within Municipal Parking Lots, permit parking restrictions and time limitations are enforced between the hours of 9:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided. Daytime leased stalls are enforced between the hours of 7:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided. Designated 24 hours leased stalls shall be enforced 24 hours a day 7 days a week. (F) City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking Regulations within the City Hall Lot shall apply during the hours of seven (7:00) o’clock a.m. to five (5:00) o’clock p.m. on Monday thru Friday. (G) All Night Parking Prohibitions. No person shall permit any vehicle of any kind or description to be parked in any free (non-permitted or leased) parking stalls in any municipal parking lot between 2:00 a.m. and 5:00 a.m. (H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any other play vehicle in any Municipal Parking Lot unless special permission is granted by the City Manager, Director of Transportation or their designee. (I) Trespassing. No person not having business to attend to in connection with the parking of a motor vehicle shall trespass or loiter on any Municipal Parking Lot. (J) Parking Permits (1) Authority. City Administration is authorized to issue parking permits in conformity with this Section. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 3 Municipal Code (2) Types of permits. a) An annual permit may be used in any stall designated for permit parking during the 12-month time period. Annual permits shall be displayed hanging from the rearview mirror and facing forward. b) A monthly permit may be used in any stall designated for permit parking during the monthly permit period. Monthly permits shall be displayed hanging from the rearview mirror and facing forward. c) A daily permit may be used in any stall designated for permit parking on the date indicated on the permit. Immediately upon parking the vehicle, the parking permit shall be displayed on the inside of the vehicle in accordance with the rules printed on the permit. (3) Permit prices. The Common Council shall by resolution establish prices for parking permits issued under this section. (4) Designation of spaces. The Common Council shall designate which spaces in Municipal Parking Lots require parking permits and/or may be leased, upon recommendations received from the Transportation Committee. Spaces shall be designated within Appendix B to this Chapter and shall be identified by appropriate signage within Municipal Parking Lots. (5) Proper parking and display. No person shall permit any vehicle of any kind or description to be parked in any permit parking space between the hours of 9:00 a.m. and 6:00 p.m. daily, except on weekends and holidays unless such vehicle is properly displaying a valid parking permit. Failure to properly display a permit will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code. Vehicles displaying such permits shall comply with all other rules and regulations governing parking within the City. (6) Permit validity. Parking permits shall be valid only for the date(s) indicated on the permit. Attempts to fabricate permits or re-use an expired permit will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code. (7) Revenues. All revenues collected from permit sales and permit-related violations shall be deposited to the Parking Utility Budget. (K) Leased Parking. (1) Authority. City Administration is authorized to lease spaces within Municipal Parking Lots in conformity with this Section. (2) Leased Stall Fees. The Common Council shall by resolution establish fees for City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 4 Municipal Code parking spaces leased under this section. (3) Designation of 24-Hour Leased Stalls. The Transportation Director shall designate which permit spaces designated as permit/leased in Municipal Parking Lots may be leased for 24 hours to businesses, landlords and/or residents Spaces shall be designated as permit/leased within Appendix B to this Chapter and shall be identified by appropriate signage within Municipal Parking Lots. Stalls must be leased for a minimum of 3 months. (4) Designation of Daytime Leased Stalls. The Transportation Director shall designate which permit/leased spaces in Municipal Parking Lots may be leased on a monthly basis. Enforcement of the monthly daytime leased parking stalls shall be between 7:00 a.m. and 6:00 p.m. (5) Revenues. All revenues collected from permit and leased stall sales and permit/lease-related violations shall be deposited to the Parking Utility Budget. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 1 Municipal Code CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE V. NON-METERED PARKING RESTRICTIONS 27-35 MUNICIPAL PARKING LOTS 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS SECTION 27-35 MUNICIPAL PARKING LOTS As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of Oshkosh and used for general public parking lot purposes, including: 8th North Lot 9th South Lot 10th South Lot 200 East Lot 200 West Lot 300 East Lot 300 West Lot 400 East Lot 400 West Lot 500 West Lot City Hall Lot Convention Center East Convention Center North Grand Lot Leach Lot Library Lot Otter Lot Rec. Gym Lot Spanbauer Field Lot State Lot SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS (A) Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each Municipal Parking Lot. Regulations governing designation of parking spaces, time limits, City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 2 Municipal Code permit parking, leased parking, employee and visitor parking in the City Hall lot and other such regulations pertaining to the designation of spaces or time limits for each Municipal Parking Lot shall be as set forth in appendix 27B to this Chapter. (B) Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except within the limits of a designated parking space. (C) Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period of time in excess of the maximum time fixed for that parking space as set forth in appendix 27B to this Chapter. (D) Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any vehicle in any Municipal Parking Lot for more than twenty-four (24) consecutive hours, except for vehicles displaying a valid leased parking permit. (E) Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking . Within Municipal Parking Lots, permit parking restrictions, and time limitations and daily leased stalls are enforced between the hours of 9:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided. Daytime leased stalls are enforced between the hours of 7:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided. Designated 24 hours leased stalls shall be enforced 24 hours a day 7 days a week. (F) City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking Regulations within the City Hall Lot shall apply during the hours of seven (7:00) o’clock a.m. to five (5:00) o’clock p.m. on Monday thru Friday. (G) All Night Parking Prohibitions. No person shall permit any vehicle of any kind or description to be parked in any free (non-permitted or leased) parking stalls in any municipal parking lot between 2:00 a.m. and 5:00 a.m. (H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any other play vehicle in any Municipal Parking Lot unless special permission is granted by the City Manager, Director of Transportation or their designee. (I) Trespassing. No person not having business to attend to in connection with the parking of a motor vehicle shall trespass or loiter on any Municipal Parking Lot. (J) Parking Permits (1) Authority. City Administration is authorized to issue parking permits in conformity City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 3 Municipal Code with this Section. (2) Types of permits. a) An annual permit may be used in any stall allowing designated for permit parking during the 12-month time period and in the municipal parking areas indicated on the permit. Annual permits shall be displayed hanging from the rearview mirror and facing forward. b) A monthly permit may be used in any stall allowing designated for permit parking during the monthly permit period and in the municipal parking areas indicated on the permit. Monthly permits shall be displayed on the driver’s side rear bumper of the vehiclehanging from the rearview mirror and facing forward. c) A daily permit may be used in any stall allowing designated for permit parking during on the date indicated and in the municipal parking areas indicated on the permit. Immediately upon parking the vehicle, the parking permit shall be displayed on the inside of the vehicle in accordance with the rules printed on the permit. (3) Permit prices. The Common Council shall by resolution establish prices for parking permits issued under this section. (4) Designation of spaces. The Common Council shall designate which spaces in Municipal Parking Lots require parking permits and/or may be leased, upon recommendations received from the Parking Utility Transportation CommitteeCommission. Spaces shall be designated within Appendix B to this Chapter and shall be identified by appropriate signage within Municipal Parking Lots. (5) Proper parking and display. No person shall permit any vehicle of any kind or description to be parked in any permit parking space between the hours of 9:00 a.m. and 6:00 p.m. daily, except on weekends and holidays unless such vehicle is properly displaying a valid parking permit. Failure to properly display a permit will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code. Vehicles displaying such permits shall comply with all other rules and regulations governing parking within the City. (6) Permit validity. Parking permits shall be valid only for the date(s) indicated on the permit. Attempts to fabricate permits or re-use an expired permit will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code. (7) Revenues. All revenues collected from permit sales and permit-related violations shall be deposited to the Parking Utility Commission. Budget. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 4 Municipal Code (K) Leased Parking. (1) Authority. City Administration is authorized to lease spaces within Municipal Parking Lots in conformity with this Section. (2) Leased Stall Fees. The Common Council shall by resolution establish fees for parking spaces leased under this section. (3) Designation of 24-Hour Leased Stalls. The Common Council Transportation Director shall designate which permit spaces designated as permit/leased in Municipal Parking Lots may be leased for 24 hours to businesses, landlords and/or residents within the BID district boundaries. Spaces shall be designated as permit/leased within Appendix B to this Chapter and shall be identified by appropriate signage within Municipal Parking Lots. Stalls must be leased for a minimum of 3 months. (4) Designation of Daytime Leased Stalls. The Common Council Transportation Director shall designate which permit/leased spaces in Municipal Parking Lots may be leased on a monthly basis. Enforcement of the monthly daytime leased parking stalls shall be between 7:00 a.m. and 6:00 p.m. (5) Revenues. All revenues collected from permit and leased stall sales and permit/lease-related violations shall be deposited to the Parking Utility BudgetCommission. P-3 443 Jefferson Street 53 61 12 19 26 11 91 91 P-16 17 Church Avenue 114 132 0 10 70 46 184 188 P-14 306 State Street 0 16 0 0 20 4 20 20 P-5 125 High Avenue 40 82 0 2 59 15 99 99 P-10 205 State Street 23 23 0 2 9 7 32 32 P-11 10 Pearl Avenue 7 22 0 3 24 6 31 31 P-15 17 Washington Avenue 23 23 0 2 5 3 28 28 P-17 20 Church Avenue 25 21 0 0 8 8 33 29 P-1 115 Algoma Boulevard 36 43 0 4 15 4 51 51 TOTAL 321 423 12 42 236 104 569 569 Difference 102 30 -132 If not leased, stalls will remain Permit Parking. Once leased/paid for, the stall's signage will be changed out. Initial leases for each stall will be for a minimum of three (3) months for each Lessee. Cost of a leased stall will be $50/month or $500/year Signage will be consistent with other city parking lot signage - same size, font, block style lettering Stalls will be leased on a first come, first serve basis per Calendar Month. Tentative start date for leased stalls March 1 Parking permits will still be available for $30/month or $360/year Enforcement will be handled by Lessee with assistance upon request from the Police Department as time/resources allow. * Current leased space agreement expires 12/2024. Current 2 Hour Spaces Proposed 2 Hour Spaces Current Leased Spaces * Proposed Leased Spaces Current Permit Spaces Proposed Permit Spaces Current Total Proposed Total 400 East Lot * 400 West Lot State Lot Grand South Lot 200 East Lot 200 West Lot 300 East Lot 500 West Lot 300 West Lot 111 1 10 1 20 0G 20 0D 20 0C 250 95 20 0H N MAIN ST CEAPE AVE COMMERCE ST N MAIN ST User: jeffn P-06 Hotel RampP-06 Hotel Ramp 95 Commerce Street95 Commerce Street The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City of Oshkosh, WI Printing Date: 10/29/2018 H:\jeffn\Arc Map Projects\Downtown Parking\P-06 Hotel Ramp.mxd ¯1 in = 100 ft 1 in = 0.02 mi Private Time - 2 Hour Time - 4 Hour Time - 90 Minute Handicap Leased Parking Permit Parking Reserved Restricted Parking Unrestricted Fox River TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Rohloff, City Manager D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Ord 24-96 Approve Changes to Chapter 3 of the City of Oshkosh Municipal Code to Create a Vehicle Registration Fee B A C KGRO UN DBACKGROUND Special assessments, the funding mechanism for road and sidewalk reconstruction, have seen a rise in cost faster than the rate of inflation. The impact on individual households receiving special assessments has been significant. The city of Oshkosh is considering a new, balanced method of funding to replace road-related special assessments. Currently, special assessments are charged to property owners according to the front foot dimensions of the abutting property to the improvement. The city is proposing to eliminate special assessments for road and sidewalk reconstruction. A combination of methods is being proposed to replace special assessments as the funding source for these improvements, replacing the approximate $3.75 million charged annually through special assessments. A Vehicle Registration Fee (VRF), commonly referred to as a "wheel tax," would be collected in addition to the regular annual registration fee paid for a vehicle. The fee applies to vehicles kept in Oshkosh with automobile registration, autocycle registration, and truck registration at 8,000 lbs. or less (except dual-purpose farm). The city would collect approximately $1.5 million annually through the VRF. Additionally, each of the city utilities (water, sanitary sewer, and storm sewer) would be charged approximately $750,000 annually, for pavement-related improvements to provide the balance of funding needed. A N A L Y SI SANALYSIS The new sustainable approach includes a combination of funding sources. One is the implementation of a Vehicle Registration Fee (VRF) of $35 per vehicle. The other is charging a portion of street improvements to the city's water, sanitary sewer, and storm sewer utilities. The proposed method of funding is a balanced approach that seeks to collect the funds needed to replace pavement related special assessments. The major benefit of this proposal is that the burden of paying for improvements would no longer be borne primarily by the abutting property owners, as it currently is. The policy change benefits all residents by creating a sustainable funding source to ensure high-quality streets for residents, businesses, emergency services, and others. Altogether, these funding sources would provide the needed $3.75 million annually for road and sidewalk reconstruction with approximately 40% of the funding coming from vehicle registration fees and 60% from the transfer from the three utilities. The city is proposing to eliminate all pavement-related special assessments specifically for road and sidewalk reconstruction (including the sidewalk rehabilitation program). New developments and new utility construction will continue to be special assessed. Water, sanitary sewer, and storm sewer laterals to a property will also still receive a special assessment. FI SC A L I M P A CTFISCAL I M P A C T The $750,000 charge to each utility is an estimated cost of an 8-foot utility trench for projects. Each of the utilities will be charged that amount annually, which will go into a separate Capital Projects Fund. While the cost of an individual utility trench may vary year to year, city staff will use this average amount and leave it in the Capital Projects Fund to cover any costs that may be over or under the actual cost. The cash flow is prepared by our financial advisors, Ehlers, Inc. Ehlers prepared a cash flow analysis for each utility, one without the $750,000 transfer and one with. There is no fixed amount for the future rate increases. It varies by utility and year, but the range on the increase varies from 0.25% to 0.50%. The exact rate potential increases for Sewer and Storm Water are as follows: Sewer Storm W/O With Realloc W/O With Realloc 2024 6.75%7.00% 0.00%0.00% 2025 6.75%7.00% 0.00%2.50% 2026 7.00%7.25% 2.00%2.50% 2027 6.25%6.50% 2.00%2.00% 2028 6.00%6.25% 2.00%2.00% 2029 5.00%5.25% 2.00%2.00% 2030 4.00%4.25% 2.00%2.00% 2031 0.00%2.25% 0.00%2.00% 2032 0.00%0.00% 0.00%0.00% 2033 0.00%0.00% 0.00%0.00% It is too early to tell the impact for the Water Utility. Water Rates are governed by the PSC. The City anticipates a water rate increase to be filed with the PSC in 2025. The impact on a $100 monthly utility bill will average between $0.25 - $0.50 per month. City staff will review the VRF amount and the utility contributions on a regular basis to determine if projects are being funded on a sufficient basis. REC O M M E N D A TI ONRECOMMENDATION City staff recommends that the Common Council adopt the ordinance. A t t a chment sAttachments Ord 24-96 Enact Vehicle Registration Fee 2024 Presentation 2024 FAQ 2/27/2024 24-96 ORDINANCE SECOND READING 2/13/2024 24-77 ORDINANCE FIRST READING PURPOSE: ENACT VEHICLE REGISTRATION FEE INITIATED BY : COMMON COUNCIL A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 3 FINANCE ARTICLE III. VEHICLE REGISTRATION FEE WHEREAS, the Council finds that all persons benefit from a well-maintained transportation infrastructure throughout the City and that it is necessary to provide a reasonable, fair and sustainable method to provide for the payment of the costs of maintenance of transportation facilities within the City; and WHEREAS, the City of Oshkosh has historically utilized special assessments based upon the front linear footage of lots abutting streets under repair to pay a portion of the costs for street repair; and Whereas, special assessments can create a significant financial burden to individual property owners and it is desirable to spread such cost over time to lessen the individual burden; and Whereas, Wisconsin Statutes permit cities to impose a Vehicle Registration Fee to support transportation related purposes; and Whereas, imposition of a Vehicle Registration Fee will allow the City to more fairly and equitably spread the cost of maintaining the City’s transportation infrastructure to all those that benefit from the system. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Chapter 3 Finance Article III. pertaining to Vehicle Registration Fees is hereby created to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication, and notification to the Wisconsin Department of Transportation in compliance with the requirements of §342.35 of the Wisconsin Statutes for vehicles registered on and after July 1, 2024. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-96 ENACT VEHICLE REGISTRATION FEE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 3 FINANCE ARTICLE III. VEHICLE REGISTRATION FEE) on February 27, 2024. This ordinance enacts and imposes a vehicle registration fee in the amount of thirty-five dollars ($35.00) on all motor vehicles registered in the state which are customarily kept in the City of Oshkosh except those vehicles which are exempt from this fee as provided in Section 341.35 Wisconsin Statutes. The city registration fee shall be paid at the time a motor vehicle is first registered or at the time of registration renewal and is in addition to any state registration fees. The fee collected shall exclusively be used for transportation related purposes including costs of administering construction projects for pavement overlays including minor widening, street reconstruction, reconstruction and rehabilitation of sidewalks, repairing and installing curb and gutter, bicycle and pedestrian facilities, access for the disabled or handicapped, and any directly related operations of the public works department on city streets and intersections. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. Chapter 3 Finance Article III. Vehicle Registration Fees SECTION 3-20 (A) AUTHORITY AND PURPOSE. The City of Oshkosh under the authority provided within Section 341.35 of the Wisconsin Statutes hereby finds, determines and declares the necessity of providing a source of revenue to provide for the improvement of the city’s streets and related facilities within the right-of-way, including street resurfacing and reconstruction and sidewalk reconstruction and rehabilitation. In addition, the Common Council finds that the traditional method for partially funding street resurfacing, street and sidewalk reconstruction through special assessments may place an undue financial burden on property owners adjacent to the improvements and is not on its own a sustainable source of funding necessary improvements. Improvement includes such activities as are necessary in order that streets and related facilities may be properly operated and maintained to safeguard the health, safety, and welfare of the city and its inhabitants and visitors. (B) IMPOSITION OF VEHICLE REGISTRATION FEE. There is hereby imposed an annual city registration fee in the amount of thirty-five dollars ($35.00) on all motor vehicles registered in the state which are customarily kept in the City of Oshkosh except those vehicles which are exempt from this fee as provided in Section 341.35 Wisconsin Statutes. The city registration fee shall be paid at the time a motor vehicle is first registered or at the time of registration renewal and is in addition to any state registration fees. (C) ADMINISTRATIVE COSTS. The Wisconsin Department of Transportation shall retain a portion of the city registration fee collected equal to the administrative costs related to the collection of these fees which shall be computed by the Department of Transportation as provided in Section 341.35 of the Wisconsin Statutes. (D) DEPOSIT OF FEE REVENUES. All monies received pursuant to this ordinance shall be deposited into a capital projects fund to be used solely for transportation related purposes as required by Section 341.35 of the Wisconsin Statutes. (E) USE OF FUNDS FOR TRANSPORTATION RELATED PURPOSES. The Vehicle Registration Fee shall exclusively be used for transportation related purposes including costs of administering construction projects for pavement overlays including minor widening, street reconstruction, reconstruction and rehabilitation of sidewalks, repairing and installing curb and gutter, and directly related operations of the public works department on city streets and intersections. The Common Council further finds that bicycle and pedestrian facilities, including access for the disabled or handicapped, are an integral part of the transportation network. A portion of funds may be used for installation of bicycle and pedestrian facilities within public right of way. 2/7/2024 1 Vehicle Registration Fee & Utility Fees as Special Assessments Replacement _______________________ January, 2024 What’s the Issue? •Cost of capital improvements have been rising faster than the rate of inflation. •Impact of special assessments for households has been increasing. •A combination of funding methods appears to be the most fair approach to re-allocate these costs. 2/7/2024 2 New Funding Approach •Vehicle Registration Fee (VRF) = $1.5 million annually •Water Utility = $750,000 annually •Sanitary Sewer Utility = $750,000 annually •Storm Sewer Utility = $750,000 annually •TOTAL = $3.75 million annually to fund road & sidewalk reconstruction New Funding Vehicle Registration Fee (VRF) •Must be used for transportation purposes •Fee added on to annual vehicle registration •Permitted for vehicles up to 8,000 lbs. •Larger vehicles (i.e. commercial) are exempt •Estimate 46,772 vehicles qualify for VRF •The proposed VRF for Oshkosh residents would be $35 annually 2/7/2024 3 Vehicle Registration Fees In Wisconsin •38 Municipalities ($10 - $40) •8 in NE Wisconsin •13 Counties ($10 - $30) Vehicle Registration Fee Comparison •Appleton ($20) •Eau Claire ($24) •Green Bay ($20) •Janesville ($40) •Kaukauna ($10) •Manitowoc ($20) •Sheboygan ($20) Utility Fees •Water, sanitary sewer, and storm sewer utilities would each be charged the amount necessary to restore roads after these utilities have been replaced. •The annual increase needed for special assessment relief would be an annual increase in utility rates of between 0.25% and 0.5%. •The impact on a $100 monthly utility bill will average between $0.25 and $0.50 per month. 2/7/2024 4 What items are covered under this new proposed method? •Road and Sidewalk reconstruction would be paid for by this new funding method. •Sidewalk rehabilitation would be funded. What items will continue to receive a Special Assessment? •New developments and new utility construction will continue to be special assessed. •Water, sanitary sewer, and storm sewer laterals to a property will also still receive a special assessment. When will this new funding method take effect? •This special assessment relief will take effect for projects that begin on or after January 1, 2024. •The vehicle registration fee will begin appearing on vehicle registration renewals sometime after July 1, 2024. 2/7/2024 5 What about those who recently paid a Special Assessment? •The City will be unable to refund previously paid special assessments that were approved, charged, or collected under the previous method. •This new approach seeks to establish a sustainable funding source that will move Oshkosh forward from the present time. FOR MORE INFORMATION: Visit www.OshkoshWI.gov “Hot Topics” for a FAQ sheet, this presentation, and more. Comments: VRFcomments@oshkoshwi.gov 1 SPECIAL ASSESSMENT REPLACEMENT: FREQUENTLY ASKED QUESTIONS What are special assessments and what items are paid for by them? A special assessment is a fee collected by the City for improvements or special services that benefit a property. Special assessments are the funding mechanism for street reconstruction, initial construction of sanitary sewers, water mains, sidewalk, driveway aprons, and utility laterals (the pipes that service a home or building from the main pipes that are typically in the street). How are special assessments currently funded, and what changes in the new proposed method? Currently, special assessments are charged to property owners according to the front foot dimensions of the abutting property to the improvement. The city is proposing to eliminate special assessments for road and sidewalk reconstruction. A combination of methods is being proposed to replace special assessments as the funding source for these improvements, replacing the approximate $3.75 million charged annually through special assessments. A Vehicle Registration Fee (VRF), commonly referred to as a “wheel tax”, would be collected in addition to the regular annual registration fee paid for a vehicle. The fee applies to vehicles kept in Oshkosh with automobile registration, autocycle registration, and truck registration at 8,000 lbs. or less (except dual purpose farm). The city would collect approximately $1.5 million annually through the VRF. Additionally, each of the city utilities (water, sanitary sewer, and storm sewer) would be charged approximately $750,000 annually, for pavement-related improvements to provide the balance of funding needed for improvements. How was this proposed method arrived at? The August 29, 2023 Common Council Budget Workshop meeting included a discussion of what could be done to either partially or fully replace pavement related (street and sidewalk) special assessments. Utility related special assessments were not considered for replacement in this, or prior discussions regarding the replacement of special assessments. Following that budget workshop, staff investigated additional potential options, consisting of various mixtures of a handful of potential funding 2 sources. The potential funding sources reviewed as part of this analysis included: Transportation Utility, Vehicle Registration Fee (VRF), Utilities assuming the cost of pavement restoration over utility trenches, and additional General Obligation Debt. The plan that is being considered is a combination of some of the proposed options, with the intent of finding a balanced approach to the new funding method. Why don’t we just keep funding road reconstruction through special assessments? Over the past 10 years, the cost of capital improvements, and consequently special assessments, have been rising faster than the rate of inflation. This has resulted in single family residential properties seeing special assessments that have amounted to as much as $20,000 or more. While these charges are infrequent, the impact on individual households has been significant. The Common Council has looked at a variety of methods to replace these special assessments, and a combination of funding methods appears to be the fairest approach to re-allocate these costs. What are the benefits of the proposed plan? The proposed method of funding is a balanced approach that seeks to collect the funds needed to replace pavement related special assessments. The major benefit of this proposal is that the burden of paying for improvements would no longer be borne primarily by the abutting property owners, as it currently is. The policy change benefits all residents by creating a sustainable funding source to ensure high-quality streets for residents, businesses, emergency services, and others. Does this plan also fund the sidewalk rehabilitation program? Yes, the sidewalk replacement/rehabilitation program is funded by this program. Property owners will no longer receive a special assessment/charge for sidewalk replacement. 3 Is this plan intended to eliminate all, or only a certain percentage, of the special assessments levied upon property owners? The city is proposing to eliminate all pavement-related special assessments specifically for road and sidewalk reconstruction (including the sidewalk rehabilitation program). New developments and new utility construction will continue to be special assessed. Water, sanitary sewer, and storm sewer laterals to a property will also still receive a special assessment. Once these new fees are collected, can they be used for anything other than road reconstruction & related costs? No. They are used exclusively for the purpose of eliminating pavement-related special assessments. Road repairs and maintenance work on existing roads that are not being completely replaced will continue to be funded through the city’s operating budget. What would the Vehicle Registration Fee be for Oshkosh residents, and how does it compare to other cities? The proposed Vehicle Registration Fee (VRF) for Oshkosh residents would be $35 annually, in addition to the regular annual registration fee paid to the State of Wisconsin for a vehicle. The fee applies to vehicles kept in Oshkosh with automobile registration, autocycle registration, and truck registration at 8,000 lbs. or less (except dual purpose farm) according to Wisconsin Department of Transportation rules. Motorcycles are exempt. The VRF will begin appearing on vehicle registration renewals sometime after July 1, 2024. This fee compares with other Wisconsin cities: Appleton ($20) Eau Claire ($24) Green Bay ($20) Janesville ($40) Kaukauna ($10) Manitowoc ($20) Sheboygan ($20) 4 What license plates are exempt from a Vehicle Registration Fee (VRF)? The Wisconsin Department of Transportation rules state that these special plates are exempt from the VRF: Antique, Collector (“Collector Special” plates are not exempt), Ex-Prisoner of War (if issued without registration fee), Historic Military, Hobbyist, and Medal of Honor. All special plates issued to a farm truck, dual purpose farm truck or motor home are exempt from the VRF. Motorcycles are also exempt from the VRF. Large vehicles cause the most road damage. Why aren’t those vehicles paying their fair share of the Vehicle Registration Fee (VRF)? The Vehicle Registration Fee, by Wisconsin Statutes, specifically exempts vehicles over 8,000 pounds. The city agrees that this exemption creates some equity issues, particularly for residents and small businesses. To offset that inequity, the city is proposing to charge its three utilities (water, sanitary sewer, and storm sewer) a portion of road reconstruction costs. Businesses that typically have the largest trucks also pay for these utilities in greater proportion than residential properties. The idea is that allocating a portion of the former special assessment charges to the utilities will offset some of the inequities of a VRF. The proposed plan also includes revenue from utility fees. What is the cost impact for rate payers? Water, sanitary sewer, and storm sewer utilities would each be charged the amount necessary to restore roads after these utilities have been replaced. The annual increase needed for special assessment relief would be an annual increase in utility rates of between 0.25% and 0.5%. The impact on a $100 monthly utility bill will average between $0.25 - $0.50 per month. If the funding plan amount is not enough to fund the yearly cost of projects, would there be less work done or money raised in another way? The $750,000 charge to each utility is an estimated cost of an 8-foot utility trench for projects. Each of the utilities will be charged that annually, which will go into a separate Capital Projects Fund. While the cost of an individual utility trench may vary 5 year to year, city staff will use this average amount and leave it in the Capital Projects Fund to cover any costs that may be over or under the actual cost. City staff will review the VRF amount and the utility contributions on a regular basis to determine if projects are being funded on a sufficient basis. If the Vehicle Registration Fee won’t be collected until sometime after July 1, 2024, how will the lost revenue from the first half of the year be accounted for? The city will borrow an additional amount to make up the difference in the first year of implementation. Why don’t we use my property taxes to pay for these improvements? Property owners already pay for a portion of road reconstruction projects through property taxes. The amount collected through special assessments has been done to also collect from the many non-taxable properties in the city of Oshkosh, such as state-owned properties, educational institutions, and churches. The city has looked for ways to replace special assessments with a revenue source that continues to charge a portion of road reconstruction costs to these same properties. The combined Vehicle Registration Fee (VRF) and the use of utility funds helps achieve that objective. Does the City benefit from the gas tax that already exists, and why isn’t this used for road reconstruction? The city receives a portion of gas tax revenue through the state for road maintenance purposes, such as snow plowing and minor repairs. This amount covers a portion of the city’s operating costs for its Streets Division. Is it possible to create a city sales tax to fund special assessments? By law, municipalities are not allowed to create sales taxes. Counties are able to create sales taxes, but are not obligated to distribute those funds to other governmental entities. 6 What improvements will continue to be special assessed? New developments and new utility construction will continue to be special assessed. Water, sanitary sewer, and storm sewer laterals to a property will also still receive a special assessment. Why are water, sanitary sewer, and storm sewer laterals special assessed? Utility laterals are deemed by the State Public Service Commission as items that directly benefit individual properties. As such, laterals must be paid by the benefitting properties. Special assessments are the most efficient way to recoup these costs from individual properties and will continue to be charged for utility laterals. Utility mains benefit the general utility user and are funded through monthly utility charges. What is the time frame for Common Council consideration of this plan? The Common Council will discuss this plan in a “first reading” at their February 13, 2024 meeting. If their deliberations proceed without making any changes in the timeline for consideration, the plan would receive final consideration at the February 27, 2024 meeting of the Common Council. When will this new funding method take effect? This special assessment relief will take effect for projects that begin on or after January 1, 2024. The vehicle registration fee will begin appearing on vehicle registration renewals sometime after July 1, 2024. For those who paid a special assessment in recent years, is there a way for them to be compensated after this plan is implemented? The city will be unable to refund previously paid special assessments that were approved, charged, or collected under the previous method. The city also does not have funding available to defer new fees for those who were recently special assessed. This new approach seeks to establish a sustainable funding source that will move Oshkosh forward from the present time. 7 Revised 2/6/2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Lyons, Planning Services Manager D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Ord 24-97 Approve Zone Change from Urban Mixed Use District with a Planned Development Overlay (UMU-PD) to Institutional District (I) for the Property Located at 240 Algoma Boulevard (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of a 1.69-acre property located on the north side of Algoma Boulevard, east of Jackson Street. The site includes a three-story 33,174 square foot mixed commercial/residential building and associated parking area. The surrounding area consists primarily of institutional and government uses, including City Hall and the Oshkosh Police Department to the west, along with residential and commercial uses to the north. The 2040 Comprehensive Land Use Plan recommends Center City land use for the site. A N A L Y SI SANALYSIS The applicant is requesting a zone change to Institutional District (I) for the subject property. This request is intended to provide appropriate zoning for an institutional residential use. The Christine Ann Domestic Abuse Services shelter, currently located immediately to the east of the subject site (206 Algoma Boulevard), is proposing to utilize the site. The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject site. The proposed Institutional zoning district is also consistent with the Institutional zoning designations of the adjoining properties to the east and west. For these reasons, staff is supportive of the proposed rezoning of the subject site. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested zone change for the property located at 240 Algoma Boulevard with findings on February 6, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Ord 24-97 Zone Change - 240 Algoma Blvd 2/27/2024 24-97 ORDINANCE SECOND READING 2/13/2024 24-78 ORDINANCE FIRST READING PURPOSE: APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED AT 240 ALGOMA BOULEVARD INITIATED BY : CHRISTINE ANN DOMESTIC ABUSE SERVICES, INC. PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-381 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 240 Algoma Boulevard from Urban Mixed Use (UMU) to Institutional (I) for property located at 240 Algoma Boulevard, Parcel 0701421200. ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO INSTITUTIONAL (I) DISTRICT FOR PROPERTY LOCATED AT 240 ALGOMA BOULEVARD. A PART OF LOTS 15, 13, 17 AND 23 OF BLOCK "G" OF LEACH'S MAP OF 1894 LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST SEVENTH (7TH) WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BEING DESCRIBED AS: COMMENCING AT THE SOUTHWESTERLY COMER OF LOT 15 OF SAID BLOCK "G" AND BEING THE TRUE POINT OF BEGINNING; RUNNING THENCE N291733" E, 222.48 FEET, ALONG THE WESTERLY LINE OF SAID LOT 15; THENCE S59°40'09" E, 77.56 FEET; THENCE N3049'39" E, 28.29 FEET; THENCE S59°36'19” E, 8.00 FEET; THENCE N30°23'41" E, 64.30 FEET, TO THE SOUTHWESTERLY CORNER OF LOT 19 OF SAID BLOCK "G"; THENCE S57°28'00" E, 98.50 FEET, ALONG THE SOUTHERLY LINE OF SAID LOT 19 TO THE SOUTHEASTERLY CORNER OF SAID LOT 19; THENCE S36°33'15" W, 15.83 FEET, ALONG THE WESTERLY LINE OF LOT 13 OF SAID BLOCK "G"; THENCE S55°58'53" E, 55.59 FEET, ALONG THE SOUTHERLY EDGE OF A CONCRETE CURB LINE; THENCE S45°03'33” E, 9.91 FEET, TO THE NORTHERLY LINE OF LOT 17 OF SAID BLOCK "G"; THENCE S57°26'09" E, 5.62 FEET, ALONG THE NORTHERLY LINE OF SAID LOT 17 TO A POINT WHERE THE NORTHWESTERLY WALL OF THE RECREATION GYMNASIUM INTERSECTS THE NORTHERLY LINE OF SAID LOT 17; THENCE S33°27'10" W, 88.22 FEET, ALONG SAID WALL; THENCE N56°32'50” W, 4.98 FEET, ALONG SAID WALL; THENCE S33°27'10" W, 10.30 FEET, ALONG SAID WALL; THENCE S56°32'50" E, 4.99 FEET, ALONG SAID WALL; THENCE S33°27'10" W, 38.85 FEET, ALONG SAID WALL; THENCE S56°27'51" E, 14.99 FEET, ALONG SAID WALL AND ITS PROJECTION TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID BLOCK "G"; THENCE S34°20'52" W, 182.49 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT 17; THENCE N52°28'00" W, 245.88 FEET ALONG THE SOUTHERLY LINE OF SAID LOTS 17, 23, AND 15 TO THE TRUE POINT OF BEGINNING. ALSO INCLUDING THE ADJACENT NORTHERLY ½ OF THE ALGOMA BOULEVARD RIGHT-OF-WAY. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-97 SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-97 APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED AT 240 ALGOMA BOULEVARD on February 27, 2024. This ordinance changes the zoning of the properties located at 240 Algoma Boulevard from Urban Mixed Use (UMU) to Institutional (I). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED-USE DISTRICT (UMU) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED AT 240 ALGOMA BOULEVARD Plan Commission meeting of February 6, 2024. GENERAL INFORMATION Owner/Applicant: Christine Ann Domestic Abuse Services, Inc. Action(s) Requested: The applicant requests a zone change from the existing Urban Mixed-Use District (UMU) to Institutional District (I) for the property located at 240 Algoma Boulevard. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a 1.69-acre property located on the north side of Algoma Boulevard, east of Jackson Street. The site includes a three-story 33,174 square foot mixed commercial/residential building and associated parking area. The surrounding area consists primarily of institutional and government uses, including City Hall and the Oshkosh Police Department to the west, along with residential and commercial uses to the north. The 2040 Comprehensive Land Use Plan recommends Center City land use for the site. Subject Site Existing Land Use Zoning Mixed commercial/residential UMU Recognized Neighborhood Organizations Middle Village Adjacent Land Use and Zoning Existing Uses Zoning North Commercial & Mixed use I-PD & UMU South Residential & Government UMU East Institutional I West Government I-PD Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City ANALYSIS Zone Change The applicant is requesting a zone change to Institutional District (I) for the subject property. This request is intended to provide appropriate zoning for an institutional residential use. The Christine Ann Center domestic abuse shelter, currently located immediately to the east of the subject site (206 Algoma Boulevard), is proposing to utilize the site. The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject site. The proposed Institutional zoning district is also consistent with the Institutional zoning designations of the adjoining properties to the east and west. For these reasons, staff is supportive of the proposed rezoning of the subject site. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03. Rezone UMU to I (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (iii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the zone change with the findings listed above. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of the requested zone change from Urban-Mixed Use District (UMU) to Institutional District (I) at the subject site with findings on February 6, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Ms. Scheuermann, Mr. Nichols, Mr. Bowen, Council Member Esslinger, Mr. Ulrich, Ms. Propp, and Mr. Perry reported visiting the site. Staff reports accepted as part of the record. The subject site is the Beach building property located on the north side of Algoma Boulevard, immediately east of City Hall. It includes a three-story mixed commercial/residential building. The surrounding area is primarily institutional and government uses, along with residential and commercial uses to the north. The applicant is requesting a zone change to Institutional District (I) for the subject property. This request is intended to provide appropriate zoning for an institutional residential use. The Christine Ann Center domestic abuse shelter, currently located immediately to the east of the subject site (206 Algoma Boulevard), is proposing to utilize the site. The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City. It is also consistent with the Institutional zoning designations of the adjoining properties to the east and west. For these reasons, staff is supportive of the proposed rezoning of the subject site. Mr. Perry opened up technical questions to staff. Mr. Ulrich wondered if there were any concerns regarding parking and any lighting changes, and the effect on neighboring properties. Mr. Slusarek stated there have been no plans submitted showing any changes to the existing parking stalls, so lighting would be staying the same as existing. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Alicia Wegner, 333 West 12th Avenue in Oshkosh, Executive Director at Christine Ann Domestic Abuse Services. She wanted to talk a little bit about the importance of this change for their organization. They are experiencing quite a few limitations in their current building, including ADA accessibility, accessibility for large families to stay, as well as folks that currently would like to flee with their pets. Unfortunately, the current building does not allow those things to be possible because of the communal living aspect. The Beach building alleviates all of their current limitations, and expands the shelter services from 37 beds to closer to 60. The building will also have 11 units dedicated to transitional housing, which is a huge gap in our community. Affordable housing has been a large issue for a very long time and unfortunately is becoming even more of an issue for folks that they serve. Currently it is causing individuals to stay in the emergency shelter for longer periods of time. They are very excited to be able to provide transitional housing to really work with these individuals to assist with going back to school, getting jobs, saving up money, getting financial literacy information to go on to full self- sufficiency and independence. The Beach building move also allows an opportunity for another nonprofit to take over their current building. They are very excited about this transition and to be able to serve even more survivors in our community. It is incredibly unfortunate that this is the point where we are at, where we are simply outgrowing our current space. That is never a situation that any of us want to be in. The Beach building fits so many of their needs and more, for many years to come. She appreciates the Plan Commission’s consideration, and is available for any questions. Mr. Perry asked if other members of the public wished to speak. Nick Jensen, of 141 Church Avenue in Oshkosh, directly north of the subject property. He and his wife, Lisa, have no issues with the zoning change itself. Christine Ann has been a good neighbor, and they have never had an issue with them. The outside of their current building is well kept. Unfortunately, they need to expand and he gets that. He is also speaking for his neighbor to the west, Michelle, which is the bed and breakfast (B&B) located at 143 Church Avenue. They have no issue with the zone change. Dave Nesseler, of 135 Church Avenue in Oshkosh, has no concerns with the zone change, but does have questions regarding the conditional use and how the property will be managed. Mr. Perry closed public comments. There was no closing statement from the applicant. Motion by Ulrich to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 Project Narrative: Christine Ann Center is a domestic abuse shelter that will be occupying an existing building known as "The Beach Building" and is located at 240 Algoma Blvd., Oshkosh, WI. The beach building is an existing three-story 35,609 S.F. structure that was constructed in 1912. The building was placed on the National Register Historic List in 1985 and on the State Register Listing in 1989. The structure listing name is "Orville Beach Memorial Manual Training School" - (reference number 85002334). The Beach Building was last altered in 2016. The existing 12,847 S.F. (0.29 acre) first floor is utilized as a Business - 'B' occupancy and the existing 11,381 S.F. (0.26 acre) second and third floors are utilized as a Residential - 'R-2' occupancy. The Beach Building contains (22) dwelling units evenly distributed between the second and third floors; this number will remain unchanged. The 2016 alteration followed the IBC / IEBC 2009, including IEBC Chapter 11 - Historic Buildings. The building is of Type IIIB construction and is fully sprinklered: NFPA 13 - 1st floor and NFPA 13r - 2nd and 3rd floors. The existing parking area consists of 80 stalls (77 STD + 3 ADA). The current project proposes 71 stalls (68 STD + 3 ADA) at 38,267 S.F. (0.88 acre) of impervious surface. No landscaping will be required per city of Oshkosh ordinance 30-251. The current project consists of an interior alteration (alteration level 2) to the first floor 'B' occupancy. The second and third floor 'R-2' occupancy will remain un-altered. Alterations to follow the IBC / IEBC 2015, including Chapter 12 - Historic Buildings. The existing second floor will be utilized for shelter occupants with the average stay of 39 days (R-2 occupancy). The existing third floor will be utilized for transitional housing which could include stays up to 2 years (R-2 occupancy). The current project will not affect the property’s operational hours; the building’s use will remain unchanged. The entrance to the site from Algoma Blvd. will not be altered. The Christine Ann Center has operated on the adjacent parcel to the east (zoned Institutional) since 1991, and will continue to serve the community in its new location at the Beach Building. ALGOMA BLVD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 50 ft 1 in = 0.01 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer ZONE CHANGE & CUP 240 ALGOMA BLVD PC: 2-6-2024 TRINITY EPISCOPAL CHURCH 311 DIVISION ST OSHKOSH WI 54901 WIS BELL INC C/O ASST SEC 16TH FLOOR 722 N BROADWAY ST MILWAUKEE WI 53202 MERILYN R SMITH REV TRUST 226 HIGH AVE APT A OSHKOSH WI 54901 CHRISTINE ANN DOMESTIC ABUSE SERVICES IN 206 ALGOMA BLVD OSHKOSH WI 54901 OSH AREA SCHL DIST REC GYM C/O BOARD OF EDUCATION PO BOX 3048 OSHKOSH WI 54903 CHURCH AND DIVISION LLC 107 CHURCH AVE OSHKOSH WI 54901 JOHN C/JULIE A MAY REV TRUST 121 CHURCH AVE OSHKOSH WI 54901 CHURCH AVENUE PROP LLC 125 CHURCH AVE OSHKOSH WI 54901 THOMAS G/DIANE L LAMMERS 131 CHURCH AVE OSHKOSH WI 54901 BARBARA YOUNG DAVID J NESSELER 135 CHURCH AVE OSHKOSH WI 54901 240 ALGOMA BLVD LLC 146 ALGOMA BLVD G OSHKOSH WI 54901 KENDAL /MICHELL WATWOOD 143 CHURCH AVE OSHKOSH WI 54901 NICK A/LISA M JENSEN 4737 INDIAN BEND RD OSHKOSH WI 54904 MIDDLE VILLAGE NBHD ASSOC C/O KATIE LOFTON 1216 MERRITT AVE OSHKOSH WI 54901 MIDDLE VILLAGE NBHD ASSOC C/O DAVID STUBBE 659 CENTRAL ST OSHKOSH WI 54901 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902 DIVISION ST CENTRAL ST CHURCH AV ALGOMA BLVD HIGH AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 120 ft 1 in = 0.02 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer MERRITT AV HUDSON AV DAWES ST COMMERC E ST W PAR KWAY AV DIVISION ST OTTER AV PEARL AV COURT ST CITY CENTER CAMPUS PL WAUGOO AV CHURCHAV PEARL AV DAWES ST MT VERNON ST JEFFERSON ST IDA AV FULTON AV MT VERNON ST E PARKWAY AV CHURCH AV MARKETST RIVERWAY DR DIVISION ST BROWN ST MARKETST DIVISION ST CENTRAL ST FREDERICK ST UNION AV DIVISION ST CENTRAL ST FRANKLIN ST FREDERICK ST WRIGHT ST CHERRY ST OXFORD AV DALE AV PL EA SA N T S T MA DIS ON S T AMHERST AVAMHERST AV JEFFERSON ST MARION RD FRANKLIN ST STATE ST CENTRAL ST N MAIN ST E IRVING AVW IRVING AV ALGOMA BLVD CEAPE AV WISCONSIN ST HIGH AV WASHINGTON AV ELM W O O D A V JACKSON ST C M U C M U C M U C M U C M U -P D C M U -P D C M U -P D -R FO CM U -RF O C M U -R F O I I I I I I I-P D I -P D I -P D I-PD I-P D I -P D I-P D I-P D I-P D I -P DI-P D I-P D I-P D -R F OI-P D -R F O I-P D -U T O I-U T O MR -20-U T O M R -3 6 M R -3 6 -U TO MULTIPLE R M U-P D -R F O R M U -P D -R F O T R -1 0 TR-10 T R -1 0 T R -1 0 T R -1 0 -P D T R -1 0 -P D T R -1 0 -U TO T R -1 0 P D U T O U M U U M U U M U U M U U M U U M U U M U -P D U M U -P D U M U -P D UMU-PD U M U -P D -U T O U M U -U T O U M U -U TO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 500 ft 1 in = 0.09 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer DIVISION ST CENTRAL ST CHURCH AV ALGOMA BLVD HIGH AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 100 ft 1 in = 0.02 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :*Ord 24-98 Amend Chapter 2 Article V of the City of Oshkosh Municipal Code Pertaining to Staff Offices and Departments B A C KGRO UN DBACKGROUND Staff has been reviewing various provisions of the Municipal Code and organizing and updating them as time permits. In connection with the updates to Chapter 2 and Board and Commission Rules, staff reviewed the code provisions pertaining to the various responsibilities of the city's staff offices and departments. A N A L Y SI SANALYSIS Staff is proposing to update language within Municipal Code provisions enumerating staff offices and department responsibilities to match current responsibilities. Clean and redlined versions of Chapter 2 Article V pertaining to staff offices and departments are attached. FI SC A L I M P A CTFISCAL I M P A C T The proposed ordinance changes would have no fiscal impact. REC O M M E N D A TI ONRECOMMENDATION It is recommended that the Council approve the proposed Municipal Code Amendments. A t t a chment sAttachments Ord 24-98 Ch. 2 Art. V. Administration - clean Ch. 2 Art. V. Administration - redline 02/27/2024 24-98 ORDINANCE FIRST READING PURPOSE: AMEND CHAPTER 2 ARTICLE V OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO STAFF OFFICES AND DEPARTMENTS INITIATED BY : CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 2 ARTICLE V OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO STAFF OFFICES AND DEPARTMENTS TO UPDATE LANGUAGE TO CONFORM TO CURRENT RESPONSIBILITIES WHEREAS, city staff has reviewed the provisions of Chapter 2 Article V pertaining to staff offices and departments and recommends revisions to update the code language to conform to current responsibilities. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows: SECTION 1. That Chapter 2 Article V of the City of Oshkosh Municipal Code currently entitled “Staff Offices and Departments” is hereby repealed and recreated to read as shown on the attachment to this Ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-XXX AMEND CHAPTER 2 ARTICLE V OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO STAFF OFFICES AND DEPARTMENTS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 2 ARTICLE V OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO STAFF OFFICES AND DEPARTMENTS TO UPDATE LANGUAGE TO CONFORM TO CURRENT RESPONSIBILITIES) ON March 12, 2024. This ordinance updates responsibilities of the city’s staff offices and departments as enumerated within the Municipal Code to update the language used and to conform to current responsibilities. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 1 Municipal Codes CHAPTER 2 ADMINISTRATION ARTICLE V. STAFF OFFICES AND DEPARTMENTS 2-1 DEPARTMENTS AND OFFICES DIVISION 1 STAFF OFFICES 2-2 CITY ATTORNEY 2-3 CITY CLERK 2-4 ADMINISTRATIVE SERVICES 2-5 RESERVED DIVISION 2. DEPARTMENTS 2-6 PUBLIC WORKS 2-7 DEPARTMENT OF FINANCE 2-8 FIRE DEPARTMENT 2-9 POLICE DEPARTMENT 2-10 DEPARTMENT OF PARKS 2-11 DEPARTMENT OF TRANSPORTATION 2-12 DEPARTMENT OF COMMUNITY DEVELOPMENT 2-12.1 PUBLIC MUSEUM ARTICLE V. STAFF OFFICES AND DEPARTMENTS SECTION 2-23 DEPARTMENTS AND OFFICES (A) In order to aid the Manager the following staff offices and departments shall be created: (1) STAFF OFFICES (A) CITY ATTORNEY (B) CITY CLERK (C) ADMINISTRATIVE SERVICES (D) ADDITIONAL STAFF OFFICES on a temporary basis may be created by the City Manager provided funds are made available in the budget. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 2 Municipal Codes (2) GENERAL DEPARTMENTS (A) DEPARTMENT OF PUBLIC WORKS (B) DEPARTMENT OF FINANCE (C) FIRE DEPARTMENT (D) POLICE DEPARTMENT (E) DEPARTMENT OF PARKS (F) DEPARTMENT OF TRANSPORTATION (G) DEPARTMENT OF COMMUNITY DEVELOPMENT (H) OSHKOSH PUBLIC MUSEUM DIVISION 1 STAFF OFFICES SECTION 2-24 CITY ATTORNEY The City Attorney shall perform the duties as are prescribed in the Wisconsin Statutes, particularly Section 62.09(12) thereof, and such other duties as the City Manager may prescribe. In the absence or disability of the City Attorney, or in the case of a vacancy in the office of the City Attorney, the Deputy City Attorney shall perform the duties of City Attorney. The City Attorney is authorized to bring appropriate actions against any persons, firms or corporations in the following cases without specific or further authorization to do so: 1) To pursue collection of delinquent taxes, accounts or other indebtedness due and owing the City. 2) To cause warrants to be issued and served in ordinance violation cases. 3) To cause summonses to be issued for collection of forfeitures or fines in ordinance violation cases. 4) To commence civil actions seeking compliance with ordinance requirements or restraining actions not in compliance with ordinance requirements. The City Attorney is authorized to take all necessary and appropriate actions with regard to the defense of claims and other matters against the City, including coordination with insurance defense counsel as required and the execution of settlement agreements that do not require the expenditure City funds, without specific or further authorization to do so. The City Attorney, in his/her discretion, is authorized upon a request from another unit of government to render aid, assistance and advice to that unit of government provided doing so City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 3 Municipal Codes will not conflict with the City Attorney’s duties and responsibilities to the City of Oshkosh. [Statutory Reference §§ 62.09(12) Wis. Stats.] SECTION 2-25 CITY CLERK The City Clerk shall perform the duties prescribed by Wisconsin Statutes, including Sections 62.09(11) and those duties prescribed in Chapters 5-12 pertaining to elections. The City Clerk’s Office is responsible for all official records of the city; preserving the records, actions and official minutes of the Common Council; legal publications, issuance of liquor licenses and various permits and such other duties as may be prescribed by statute and/or the City Manager , including the following: • Maintains custody of city official records including council minutes, ordinances, resolutions, contracts, agreements, insurance certificates, bonds, licenses, special assessments, annexations and oaths of offices • Serves as Recording Secretary for the Common Council including attending council meetings, recording and preserving records of all council actions, posting of all meeting notices when required • Administer application process, issuance and renewal of all liquor/fermented malt licenses granted by the Common Council along with operator/bartender and other licenses and permits as required by local and state laws • Publication of legal notices as required along with ordinance/resolutions and minutes of Council • Administer oaths of office to newly elected officials, firefighters, police officers; and appointees to boards and committees • Certify official documents • Create and process cemetery deeds and perpetual care bonds • Maintain custody of the city seal • Serves as secretary of the Board of Review including posting of meeting notices coordinating staff, board members and petitions; gathering and distributing necessary documents, maintaining accurate record of proceedings, and publishing legal notices as required In the absence or disability of the City Clerk or in the case of a vacancy in the office of the City Clerk, the Deputy City Clerk shall perform the City Clerk's duties and shall have power to administer oaths and affirmation. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 4 Municipal Codes The City Clerk shall have the authority to correct any mere clerical error in any Council minutes, files, or other documents, in any Resolution or Ordinance passed by Council or in the Municipal Code. Mere clerical errors shall include errors in spelling, the use of one word for another where such misuse is clearly identifiable, as “affect” for “effect”, plural for singular, misnumbering, mistakes in references to sections, and such other minor errors and corrections as shall not affect the intent of any action taken. [Statutory Reference § 62.09 (11) Wis. Stats.] SECTION 2-26 ADMINISTRATIVE SERVICES The Administrative Services Office shall be administering the Human Resources Division; administering the General Services Division, and Administering the Information Technology Services Division, and such other duties as the City Manager may prescribe. (A) Human Resources Division The Human Resources Division shall be responsible for recruiting and selection of employees; maintaining personnel records; collective bargaining and other employment matters; and administering the City’s workers compensation program, the Wisconsin Retirement Fund, unemployment compensation, safety, training, liability insurance, health and life insurance. (B) General Services Division The General Services Division shall be responsible for ensuring purchases for city goods and services are done in accordance with Chapter 12 of this Municipal Code; administering purchasing solicitations, tools and procedures; providing facilities and equipment replacement/planning; coordinating oversight and maintenance of General Services’ buildings/facilities; supervising the Oshkosh Media operations. (C) Information Technology Services Division The Information Technology Services Division shall be responsible for developing and maintaining the various computing and telecommunication systems facilities utilized by the City, coordinating the activities of central services, including printing and ma iling, and such other duties as the City Manager may prescribe. SECTION 2-27 RESERVED City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 5 Municipal Codes DIVISION 2. DEPARTMENTS SECTION 2-28 PUBLIC WORKS (A) Director of Public Works The Director of Public Works shall supervise the operations and functions of the Department of Public Works and such other duties as directed by the City Manager. The Director of Public Works shall be responsible to the City Manager. The Director of Public Works shall be the head of any division of the Department of Public Works when a vacancy exists. The Assistant Director of Public Works shall be Acting Director of Public Works while the Director of Public Works is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Public Works. (B) Duties The duties of the Department of Public Works shall include the following: (1) Preparation of plans and specifications; (2) Supervision of construction projects; (3) Coordination of non-city owned utility construction with City maintenance and improvement construction projects; (4) Review and permitting of Non-City owned utility construction within the City’s right-of- way; (5) Setting of street and sidewalk grades; (6) Maintaining a current City boundary description and coordinating with GIS staff for updating the description in the City GIS system; (7) Maintaining current records and locations of all City owned utilities; (8) Street maintenance boundary description and coordinating with GIS staff for updating the description in the City GIS system; (9) Leaf collection; (10) Sewer maintenance including cleaning, televising, and manhole repair; City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 6 Municipal Codes (11) Weed cutting; (12) City owned parking lot maintenance, including snow plowing and removal, crack filling, and pavement patching; (13) Operation and maintenance of the Water Filtration Plant, former pretreatment basin, water storage tanks, high pressure zone booster station, pressure regulating valve stations, hydrants, water meters, and all water lines owned or operated by the City; (14) Operation and maintenance of the Wastewater Treatment Plant all pump stations connected to the sewer system, and all sewage force mains connected to those pump stations; (15) Operation and maintenance of the City owned stormwater facilities and all appurtenant structures connected to the system, including lift stations; (16) Collection of refuse and recyclables; (17) Maintain all Department and other City owned vehicles, dispense fuel and oil, operate a stock room and garages necessary for housing of City vehicular equipment, maintain cost records on each piece of equipment; and (18) Such other duties as may be assigned by the City Manager. SECTION 2-29 DEPARTMENT OF FINANCE (A) Director of Finance The Director of Finance shall perform the duties prescribed by the Wisconsin Statutes, particularly sections 62.09(9) and (10) thereof and shall be responsible for planning, reporting and controlling all financial affairs of the city; the Director shall su pervise the operations and functions of the Department of Finance; shall act as Budget Control Officer; assist the City Manager in the preparation of the budget; perform the statutory duties of City Treasurer and Comptroller; and such other duties as directed by the City Manager. The Deputy Director of Finance shall be acting Director of Finance and be responsible for the statutory duties of City Treasurer and Comptroller while the Director of Finance is absent or incapacitated. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 7 Municipal Codes (B) Duties The duties of the Finance Department shall include: (1) Collection of all accounts receivable, including taxes, special assessments, fees, non-moving violation fines, water, sewer, departmental earnings, etc. (2) Maintain the administration of the parking program to include tickets issuance and public sale of parking permits in city lots. (3) Execution of trust funds. (4) Make and Record bond payments. (5) Preparation of current cash statement. (6) Invest idle funds. (7) Post tax payments to tax roll. (8) Tax Settlement to County. (9) Payment of City Bills and Obligations. (10) Processing of accounts receivable. (11) Issuance of accounting statements. (12) Maintain cost records for water utility. (13) Preliminary budget preparation. (14) Internal auditing. (15) Preparation of Payroll. (16) Oversee collection and aging of Ambulance Revenues. (17) Such other duties as may be assigned by the City Manager. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 8 Municipal Codes (C) Pursuant to Section 70.67(2), of the Wisconsin Statutes, as may be amended from time to time, the city shall be obligated to pay, in case the Director of Finance shall fail to do so, all state and county taxes required by law to be paid by such Director to the County Treasurer. [Statutory Reference § 62.09 (9) & (10) Wis. Stats.] SECTION 2-30 FIRE DEPARTMENT (A) Purpose The Fire Department shall be organized primarily to provide for the personal safety, protection of life and property of the inhabitants of the City of Oshkosh, from the adverse effects of fires, medical emergencies or other dangerous conditions, whether manmade or natural. The Fire Department shall perform such other duties as may be prescribed by the City Manager, providing these duties do not interfere with the primary duties of the Department. (B) Fire Chief to Supervise Operations The Fire Chief shall supervise and command the operations of this Department and perform such other duties as directed by the City Manager. The Fire Chief shall be under the direction of the City Manager for the operation of the Fire Department. (C) Submission of information to Board of Police and Fire Commissioners by Fire Chief Since the Fire Chief is appointed by and subject to removal by the Board of Police and Fire Commissioners, the Fire Chief shall provide any information requested by the Board which, in the Board's opinion, might help its members evaluate the Chief's perfor mance in executing the Manager's directives and directing and supervising the operations of the Fire Department and evaluating employee job performance. [Statutory Reference §62.13 Wis. Stats.] SECTION 2-31 POLICE DEPARTMENT (A) Function; Organization The Police Department shall be organized primarily for the enforcement of the laws of the State of Wisconsin and the ordinances of the City of Oshkosh and for the purposes of crime and accident prevention. (B) Police Chief to Supervise Operations The Police Chief shall supervise and command the operations of this Department and perform such other duties as directed by the City Manager. The Police Chief shall be City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 9 Municipal Codes under the direction of the City Manager in the operation of the Police Department. (C) Submission of information to Board of Police and Fire Commissioners by Chief of Police Since the Police Chief is appointed by and subject to removal by the Board of Police and Fire Commissioners, the Police Chief shall provide any information requested by the Board which, in the Board's opinion, might help its members evaluate the Chief's performance in executing the Manager's directives, and directing and supervising the operations of the Police Department and evaluating employee job performance. [Statutory Reference §62.13 Wis. Stats.] SECTION 2-32 DEPARTMENT OF PARKS (A) The Director of Parks The Director of Parks shall supervise the operations and functions of the department of Parks and such other duties as directed by the City Manager. The Director of Parks shall be responsible to the City Manager. The Director of Parks shall be the head of any division of the Department of Parks when a vacancy exists. The Assistant Director of Parks shall be Acting Director of Parks while the Director of Parks is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Parks. The Director of Parks shall perform the following duties and such other duties as may be prescribed by the City Manager: (1) Shall provide for the operation and maintenance of all parks, playgrounds, and any other recreational facilities owned or acquired by the City; (2) Shall provide for the operation and maintenance of Pollock Water Park and Leach Amphitheatre; (3) Oversee the operation of the Forestry Division and Senior Services Division; and (4) Operate and maintain municipal cemeteries. SECTION 2-33 DEPARTMENT OF TRANSPORTATION (A) Director of Transportation The Director of Transportation shall supervise the operations and functions of the Department of Transportation and such other duties as directed by the City Manager. The Director of Transportation shall be responsible to the City Manager. The Director of City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 10 Municipal Codes Transportation shall be the head of any division of the Department of Transportation during a period in which a vacancy exists. The Director of Transportation shall appoint an assistant to be Acting Director of Transportation while the Director of Transpo rtation is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Transportation. (B) Duties The Department of Transportation shall be responsible for the following duties: (1) Maintain and operate the transit system as General Manager within the City; (2) Ovrsee the Sign Division including signage, street markings and traffic engineering as needed; and (3) Oversee the operation of the Electrical Division (4) Oversee the city’s public parking lots and parking policies SECTION 2-34 DEPARTMENT OF COMMUNITY DEVELOPMENT (A) Director of Community Development The Director of Community Development shall supervise the operations and functions of the Department of Community Development and such other duties as directed by the City Manager. The Director of Community Development shall be responsible to the City Manager. The Director of Community Development shall be the head of any division of the Department of Community Development when a vacancy exists. The Director of Community Development shall appoint an assistant to be Acting Director of Community Development while the Director of Community Development is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Community Development. (B) Duties The duties of the Department of Community Development shall include the following: (1) Operation of the Economic Development Services Division which shall be responsible for the City’s economic and business development efforts. (2) Operation of a Planning Services Division with such responsibilities as defined under section 62.23 of the Wisconsin Statutes, and which shall aid the City Manager in gathering facts and analyzing data necessary in making recommendations to the Common Council and the City Plan Commission; City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 11 Municipal Codes (3) Operation of an Inspection Services Division which shall perform the protective inspection services, such as plumbing inspection, electrical inspection, building inspection, weights and measures inspection, and housing inspection; and (C) Operation of the Assessment Services Division The Assessment Services Division shall be managed by the City Assessor who shall be under the direction and supervision of the Director of Community Development. This Division shall perform the duty of maintaining current assessments on all property within the City, in accordance with State Statutes, and such other duties as directed by the Director of Community Development. In the Assessor's absence, the Director of Community Development shall manage this Division. (1) Confidentiality Required Whenever the Assessor, in the performance of the Assessor’s duties, requests or obtains income and expense information pursuant to Section 70.47(7) (af), of the Wisconsin Statutes, or any successor statute, then, such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that such information may be revealed to and used by persons: (a) in the discharge of duties imposed by law; (b) in the discharge of duties imposed by office, (including but not limited to, use by the Assessor in performance of official duties of the Assessor’s office and use by the Board of Review in the performance of its official duties; or (c) pursuant to order of a court. Income and expense information provided to the Assessor under Section 70.47(7)(af), of the Wisconsin Statutes, unless a court determines that it is inaccurate, is not subject to the right of inspection and copying under Section 19.35(1) of the Wisconsin Statutes. (2) Property Record Maintenance Fee The City of Oshkosh Assessor Division creates and maintains property records for all real estate parcels within the jurisdiction of the City of Oshkosh. In order to recover the costs associated with the processing of requested changes and permits for new construction, remodeling, and additions, the governing body authorizes a property record maintenance fee. The fees referred to in this section shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the City Assessor’s offices and the City Clerk’s office, City Hall, 215 Church Avenue, Oshkosh, Wisconsin. (3) Such other duties as may be assigned by the City Manager. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 12 Municipal Codes SECTION 2-35 PUBLIC MUSEUM The Director of the Oshkosh Public Museum shall supervise the operations and functions of the Oshkosh Public Museum in accordance with the policy direction of the Oshkosh Public Museum Board and as directed by the City Manager. (A) The Director of the Oshkosh Public Museum shall administer the City’s policies and programs pertaining to the museum, public arts and landmarks. (B) Duties (1) The Director shall be the chief executive officer exercising all executive and administrative authority for the Oshkosh Public Museum. (2) The Director shall serve as staff liaison to the Museum, Arts and Culture Board. (3) Serve as staff liaison to the City’s Landmarks Commission. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 1 Municipal Codes CHAPTER 2 ADMINISTRATION ARTICLE V. STAFF OFFICES AND DEPARTMENTS 2-1 DEPARTMENTS AND OFFICES DIVISION 1 STAFF OFFICES 2-2 CITY ATTORNEY 2-3 CITY CLERK 2-4 ADMINISTRATIVE SERVICES 2-5 RESERVED DIVISION 2. DEPARTMENTS 2-6 PUBLIC WORKS 2-7 DEPARTMENT OF FINANCE 2-8 FIRE DEPARTMENT 2-9 POLICE DEPARTMENT 2-10 DEPARTMENT OF PARKS 2-11 DEPARTMENT OF TRANSPORTATION 2-12 DEPARTMENT OF COMMUNITY DEVELOPMENT 2-12.1 PUBLIC MUSEUM ARTICLE V. STAFF OFFICES AND DEPARTMENTS SECTION 2-23 DEPARTMENTS AND OFFICES (A) In order to aid the Manager the following staff offices and departments shall be created: (1) STAFF OFFICES (A) CITY ATTORNEY (B) CITY CLERK (C) ADMINISTRATIVE SERVICES (D) ADDITIONAL STAFF OFFICES on a temporary basis may be created by the City Manager provided funds are made available in the budget. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 2 Municipal Codes (2) GENERAL DEPARTMENTS (A) DEPARTMENT OF PUBLIC WORKS (B) DEPARTMENT OF FINANCE (C) FIRE DEPARTMENT (D) POLICE DEPARTMENT (E) DEPARTMENT OF PARKS (F) DEPARTMENT OF TRANSPORTATION (G) DEPARTMENT OF COMMUNITY DEVELOPMENT (H) OSHKOSH PUBLIC MUSEUM DIVISION 1 STAFF OFFICES SECTION 2-24 CITY ATTORNEY The City Attorney shall perform the duties as are prescribed in the Wisconsin Statutes, particularly Section 62.09(12) thereof, and such other duties as the City Manager may prescribe. In the absence or disability of the City Attorney, or in the case of a vacancy in the office of the City Attorney, the Deputy City Attorney shall perform the duties of City Attorney. The City Attorney is authorized to bring appropriate actions against any persons, firms or corporations in the following cases without specific or further authorization to do so: 1) To pursue collection of delinquent taxes, accounts or other indebtedness due and owing the City. 2) To cause warrants to be issued and served in ordinance violation cases. 3) To cause summonses to be issued for collection of forfeitures or fines in ordinance violation cases. 4) To commence civil actions seeking compliance with ordinance requirements or restraining actions not in compliance with ordinance requirements. The City Attorney is authorized to take all necessary and appropriate actions with regard to the defense of claims and other matters against the City, including coordination with insurance defense counsel as required and the execution of settlement agreements that do not require the expenditure City funds, without specific or further authorization to do so. The City Attorney, in his/her discretion, is authorized upon a request from another unit of government to render aid, assistance and advice to that unit of government provided doing so City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 3 Municipal Codes will not conflict with the City Attorney’s duties and responsibilities to the City of Oshkosh. [Statutory Reference §§ 62.09(12) Wis. Stats.] SECTION 2-25 CITY CLERK The City Clerk shall perform the duties prescribed by Wisconsin Statutes, including Sections 62.09(11) and those duties prescribed in Chapters 5-12 pertaining to elections, . The City Clerk’s Office is responsible for all official records of the city; preserving the records, actions and official minutes of the Common Council; legal publications, issuance of liquor licenses and various permits and such other duties as may be prescribed by statute and/or the City Manager. , including the following: • Maintains custody of city official records including council minutes, ordinances, resolutions, contracts, agreements, insurance certificates, bonds, licenses, special assessments, annexations and oaths of offices • Serves as Recording Secretary for the Common Council including attending council meetings, recording and preserving records of all council actions, posting of all meeting notices when required • Administer application process, issuance and renewal of all liquor/fermented malt licenses granted by the Common Council along with operator/bartender and other licenses and permits as required by local and state laws • Publication of legal notices as required along with ordinance/resolutions and minutes of Council • Administer oaths of office to newly elected officials, firefighters, police officers; and appointees to boards and committees • Certify official documents • Create and process cemetery deeds and perpetual care bonds • Maintain custody of the city seal • Serves as secretary of the Board of Review including posting of meeting notices coordinating staff, board members and petitions; gathering and distributing necessary documents, maintaining accurate record of proceedings, and publishing legal notices as required In the absence or disability of the City Clerk or in the case of a vacancy in the office of the City Clerk, the Deputy City Clerk shall perform the City Clerk's duties and shall have power to administer oaths and affirmation. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 4 Municipal Codes The City Clerk shall have the authority to correct any mere clerical error in any Council minutes, files, or other documents, in any Resolution or Ordinance passed by Council or in the Municipal Code. Mere clerical errors shall include errors in spelling, the use of one word for another where such misuse is clearly identifiable, as “affect” for “effect”, plural for singular, misnumbering, mistakes in references to sections, and such other minor errors and corrections as shall not affect the intent of any action taken. [Statutory Reference § 62.09 (11) Wis. Stats.] SECTION 2-26 ADMINISTRATIVE SERVICES The Administrative Services Office shall be administering the Human Resources Division; administering the General Services Division, and Administering the Information Technology Services Division, and such other duties as the City Manager may prescribe. (A) Human Resources Division The Human Resources Division shall be responsible for recruiting and selection of employees; maintaining personnel records; collective bargaining and other employment matters; and administering the City’s workers compensation program, the Wisconsin Retirement Fund, unemployment compensation, safety, training, liability insurance, health and life insurance. (B) General Services Division The General Services Division shall be responsible for ensuring purchases for city goods and services are done in accordance with Chapter 12 of this Municipal Code; administering purchasing solicitations, tools and procedures; providing facilities and equipment replacement/planning; coordinating oversight and maintenance of General Services’ buildings/facilities; supervising the Oshkosh Media operations. (1) The General Services Division shall supervise operation of the Community Access Television and Radio Stations; secure certificates of title for all city-owned vehicles; act as purchasing agent for the Board of Public Works; make other purchases for the Cit y of Oshkosh in accordance with Chapter 12 of this Municipal Code; dispose of surplus equipment, buildings and materials; and provide for maintenance of the City Hall and other City facilities. (C) Information Technology Services Division The Information Technology Services Division shall be responsible for developing and maintaining the various computing and telecommunication systems facilities utilized by the City, coordinating the activities of central services, including printing and mailing, and such other duties as the City Manager may prescribe. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 5 Municipal Codes SECTION 2-27 RESERVED DIVISION 2. DEPARTMENTS SECTION 2-28 PUBLIC WORKS (A) Director of Public Works The Director of Public Works shall supervise the operations and functions of the Department of Public Works and such other duties as directed by the City Manager. The Director of Public Works shall be responsible to the City Manager. The Director of Public Works shall be the head of any division of the Department of Public Works when a vacancy exists. The Assistant Director of Public Works shall be Acting Director of Public Works while the Director of Public Works is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Public Works. (B) Duties The duties of the Department of Public Works shall include the following: (1) Preparation of plans and specifications; (2) Supervision of construction projects; (3) Coordination of private non-city owned utility construction with City maintenance and improvement construction projects; (3)(4) Review and permitting of Non-City owned utility construction within the City’s right-of- way; (4)(5) Setting of street and sidewalk grades; (5)(6) Maintaining a current boundary map of the City boundary description and coordinating with GIS staff for updating the description in the City GIS system; (6)(7) Maintaining current records and locations of all City owned utilities and City owned property; (7)(8) Street maintenance boundary description and coordinating with GIS staff for updating the description in the City GIS system; (8) Sealcoating; City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 6 Municipal Codes (9) Street cleaning; (10) Snow plowing and removal; (11)(9) Leaf removalcollection; (12)(10) Sewer maintenance including cleaning, televising, and manhole repairSewer cleaning; (13) Sewer maintenance; (14)(11) Weed cutting; (15)(12) City owned parking lot maintenance, including snow plowing and removal, crack filling, and pavement patchingParking lot maintenance; (16)(13) Operation and maintenance of the Water Filtration Plant, former pretreatment basin, water storage tanks, high pressure zone booster station, pressure regulating valve stations, hydrants, water meters, and all water lines owned or operated by the CityOperation and maintenance of the filtration plant, pretreatment basin, all water storage tanks, hydrants, water meters, and water pipe lines owned or operated by the City; (17)(14) Operation and maintenance of the Wastewater Treatment Plant all pump stations connected to the sewer system, and all sewage force mains connected to those pump stationsOperation and maintenance of the sewage disposal plant and all lift stations connected to the sewer system; (18)(15) Operation and maintenance of the City owned stormwater facilities and all appurtenant structures connected to the system, including lift stations; (19)(16) Collection of refuse and recyclables; (20)(17) Maintain all Department and other City owned vehicles, dispense gas fuel and oil, operate a stock room and garages necessary for housing of City vehicular equipment, maintain cost records on each piece of equipment; and (21)(18) Such other duties as may be assigned by the City Manager. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 7 Municipal Codes SECTION 2-29 DEPARTMENT OF FINANCE (A) Director of Finance The Director of Finance shall perform the duties prescribed by the Wisconsin Statutes, particularly sections 62.09(9) and (10) thereof and shall be responsible for planning, reporting and controlling all financial affairs of the city; the Director shall supervise the operations and functions of the Department of Finance; shall act as Budget Control Officer; assist the City Manager in the preparation of the budget; perform the statutory duties of City Treasurer and Comptroller; and such other duties as directed by the City Manager. The Deputy Director of Finance shall be acting Director of Finance and be responsible for the statutory duties of City Treasurer and Comptroller while the Director of Finance is absent or incapacitated. (B) Duties The duties of the Finance Department shall include: (1) Collection of all accounts receivable, including taxes, special assessments, fees, non-moving violation fines, water, sewer, departmental earnings, etc. (2) Maintain the administration of the parking program to include tickets issuance and public sale of parking permits in city lots. (3) Execution of trust funds. (4) Make and Record bond payments. (5) Preparation of current cash statement. (6) Invest idle funds. (7) Post tax payments to tax roll. (8) Tax Settlement to County. (9) Payment of City Bills and Obligations. (10) Processing of accounts receivable. (11) Issuance of accounting statements. (12) Maintain cost records for water utility. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 8 Municipal Codes (13) Preliminary budget preparation. (14) Internal auditing. (15) Preparation of Payroll. (16) Oversee collection and aging of Ambulance Revenues. (17) Such other duties as may be assigned by the City Manager. (C) Pursuant to Section 70.67(2), of the Wisconsin Statutes, as may be amended from time to time, the city shall be obligated to pay, in case the Director of Finance shall fail to do so, all state and county taxes required by law to be paid by such Director to the County Treasurer. [Statutory Reference § 62.09 (9) & (10) Wis. Stats.] SECTION 2-30 FIRE DEPARTMENT (A) Purpose The Fire Department shall be organized primarily to provide for the personal safety, protection of life and property of the inhabitants of the City of Oshkosh, from the adverse effects of fires, medical emergencies or other dangerous conditions, whether manmade or natural. The Fire Department shall perform such other duties as may be prescribed by the City Manager, providing these duties do not interfere with the primary duties of the Department. (B) Fire Chief to Supervise Operations The Fire Chief shall supervise and command the operations of this Department and perform such other duties as directed by the City Manager. The Fire Chief shall be under the direction of the City Manager for the operation of the Fire Department. (C) Submission of information to Board of Police and Fire Commissioners by Fire Chief Since the Fire Chief is appointed by and subject to removal by the Board of Police and Fire Commissioners, the Fire Chief shall provide any information requested by the Board which, in the Board's opinion, might help its members evaluate the Chief's performance in executing the Manager's directives and directing and supervising the operations of the Fire Department and evaluating employee job performance. [Statutory Reference §62.13 Wis. Stats.] City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 9 Municipal Codes SECTION 2-31 POLICE DEPARTMENT (A) Function; Organization The Police Department shall be organized primarily for the enforcement of the laws of the State of Wisconsin and the ordinances of the City of Oshkosh and for the purposes of crime and accident prevention. (B) Police Chief to Supervise Operations The Police Chief shall supervise and command the operations of this Department and perform such other duties as directed by the City Manager. The Police Chief shall be under the direction of the City Manager in the operation of the Police Department. (C) Submission of information to Board of Police and Fire Commissioners by Chief of Police Since the Police Chief is appointed by and subject to removal by the Board of Police and Fire Commissioners, the Police Chief shall provide any information requested by the Board which, in the Board's opinion, might help its members evaluate the Chief's performance in executing the Manager's directives, and directing and supervising the operations of the Police Department and evaluating employee job performance. [Statutory Reference §62.13 Wis. Stats.] SECTION 2-32 DEPARTMENT OF PARKS (A) The Director of Parks The Director of Parks shall supervise the operations and functions of the department of Parks and such other duties as directed by the City Manager. The Director of Parks shall be responsible to the City Manager. The Director of Parks shall be the head of any division of the Department of Parks when a vacancy exists. The Assistant Director of Parks shall be Acting Director of Parks while the Director of Parks is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Parks. The Director of Parks shall perform the following duties and such other duties as may be prescribed by the City Manager: (1) Shall provide for the operation and maintenance of all parks, playgrounds, and any other recreational facilities owned or acquired by the City; (2) Shall provide for the operation and maintenance of Pollock Water Park and Leach Amphitheatre; City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 10 Municipal Codes (3) Oversee the operation of the Forestry Division and Senior Services Division; and (4) Operate and maintain municipal cemeteries. SECTION 2-33 DEPARTMENT OF TRANSPORTATION (A) Director of Transportation The Director of Transportation shall supervise the operations and functions of the Department of Transportation and such other duties as directed by the City Manager. The Director of Transportation shall be responsible to the City Manager. The Director of Transportation shall be the head of any division of the Department of Transportation during a period in which a vacancy exists. The Director of Transportation shall appoint an assistant to be Acting Director of Transportation while the Director of Transportation is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of Transportation. (B) Duties The Department of Transportation shall be responsible for the following duties: (1) Maintain and operate the transit system as General Manager within the City; (2) Traffic Engineering Oversee the Sign Division including signage, and street markings and traffic engineering as needed; and (3) Oversee the operation of the Electrical Division (3)(4) Oversee the city’s public parking lots and parking policies SECTION 2-34 DEPARTMENT OF COMMUNITY DEVELOPMENT (A) Director of Community Development The Director of Community Development shall supervise the operations and functions of the Department of Community Development and such other duties as directed by the City Manager. The Director of Community Development shall be responsible to the City Manager. The Director of Community Development shall be the head of any division of the Department of Community Development when a vacancy exists. The Director of Community Development shall appoint an assistant to be Acting Director of Community Development while the Director of Community Development is absent from the City or incapacitated or a temporary vacancy exists in the position of Director of C ommunity Development. City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 11 Municipal Codes (B) Duties The duties of the Department of Community Development shall include the following: (1) Operation of the Economic Development Services Division which shall be responsible for the City’s economic and business development efforts. (2) Operation of a Planning Services Division with such responsibilities as defined under section 62.23 of the Wisconsin Statutes, and which shall aid the City Manager in gathering facts and analyzing data necessary in making recommendations to the Common Council and the City Plan Commission; (3) Operation of an Inspection Services Division which shall perform the protective inspection services, such as plumbing inspection, electrical inspection, building inspection, weights and measures inspection, and housing inspection; and (C) Operation of the Assessment Services Division The Assessment Services Division shall be managed by the City Assessor who shall be under the direction and supervision of the Director of Community Development. This Division shall perform the duty of maintaining current assessments on all property within the City, in accordance with State Statutes, and such other duties as directed by the Director of Community Development. In the Assessor's absence, the Director of Community Development shall manage this Division. (1) Confidentiality Required Whenever the Assessor, in the performance of the Assessor’s duties, requests or obtains income and expense information pursuant to Section 70.47(7) (af), of the Wisconsin Statutes, or any successor statute, then, such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that such information may be revealed to and used by persons: (a) in the discharge of duties imposed by law; (b) in the discharge of duties imposed by office, (including but not limited to, use by the Assessor in performance of official duties of the Assessor’s office and use by the Board of Review in the performance of its official duties; or (c) pursuant to order of a court. Income and expense information provided to the Assessor under Section 70.47(7)(af), of the Wisconsin Statutes, unless a court determines that it is inaccurate, is not subject to the right of inspection and cop ying under Section 19.35(1) of the Wisconsin Statutes. (2) Property Record Maintenance Fee The City of Oshkosh Assessor Division creates and maintains property records for all real estate parcels within the jurisdiction of the City of Oshkosh. In order to City of Oshkosh Municipal Codes Revised 06/27/2023 City of Oshkosh Chapter 2 – Page 12 Municipal Codes recover the costs associated with the processing of requested changes and permits for new construction, remodeling, and additions, the governing body authorizes a property record maintenance fee. The fees referred to in this section shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the City Assessor’s offices and the City Clerk’s office, City Hall, 215 Church Avenue, Oshkosh, Wisconsin. (3) Such other duties as may be assigned by the City Manager. SECTION 2-35 PUBLIC MUSEUM The Director of the Oshkosh Public Museum shall supervise the operations and functions of the Oshkosh Public Museum in accordance with the policy direction of the Oshkosh Public Museum Board and as directed by the City Manager. (A) The Director of the Oshkosh Public Museum shall administer the City’s policies and programs pertaining to the museum, public arts and landmarks. (B) Duties (1) The Director shall be the chief executive officer exercising all executive and administrative authority for the Oshkosh Public Museum. (2) The Director shall serve as staff liaison to the Museum, Arts and Culture Board. (3) Serve as staff liaison to the City’s Landmarks Commission. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Russ Van Gompel, Director of Finance D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-99 Amend 2024 Fees and Charges Schedule B A C KGRO UN DBACKGROUND One of the annual goals of the Finance Department is to complete a comprehensive review of the fees and charges for the City. The most recent update was approved by Council in January. At that time, it was noted that fees pertaining to parking were being reviewed by staff. That review is now complete. A N A L Y SI SANALYSIS The Finance Department has prepared an updated list of the fees and charges provided by Parking to be assessed to the public. The listing is compiled by Department or Activity Level and includes a description, the 2024 proposed rate, the prior (or current rate), the basis for the fee, and additional notes as presented with the original ordinance. Please note that only the fees in the 2024 Proposed Parking Permit Rate column, which are highlighted in gold, are the ones that are proposed to be changed in connection with the updated lease fees and parking restrictions ordinances also on the Council Agenda for approval. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council pass this resolution. A t t a chment sAttachments Res 24-99 Amended Parking Fees 2024 02/27/2024 24-99 RESOLUTION PURPOSE: AMEND 2024 FEES AND CHARGES FOR PARKING UTILITY INITIATED BY : FINANCE DEPARTMENT WHEREAS, the City charges fees for various services; and WHEREAS, an update to the Parking Utility fees and charges in the City Fee Schedule. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached amendments to the Parking Utility fee schedule, including the proposed increases in certain fees as noted, is hereby approved and adopted. Approved and Adopted:__________________ Resolution:________________ 2024 City of Oshkosh Fees and Charges 1 of 1 Type Fee / Charge Description 2024 Proposed Rate / Amount Prior Rate / Amount Basis for the Fee NOTES for Council PARKING PERMITS PERMITS AND LEASED STALLS Permit Annual: per yr. for the first 20 $340.00 $340.00 Resolution 21-552 Permit Monthly: per month for the first 20 $30.00 $30.00 Resolution 21-552 Permit Daily: for quantities between 1 and 99 $1.50 $1.50 Resolution 21-552 Fee Monthly daytime only leased stalls $30.00 Resolution 21-552 Fee Monthly 24 hour leased stalls (3 month minimum $50.00 Fee Annual 24 hour leased stalls $500.00 PARKING RESTRICTIONS PARKING RESTRICTIONS Penalty No parking 2 a.m. to 5 a.m.$30.00 $15.00 Market Penalty Parked on private property $30.00 $15.00 Market Penalty Prohibited parking (signed)$30.00 $15.00 Market Penalty Unauthorized Use of Permit/Leased Stall $30.00 $15.00 Market Penalty Overtime parking violation $20.00 $15.00 Market Penalty Failure to properly display permit $20.00 $15.00 Market Penalty Fraudulent use of parking permit $50.00 $15.00 Market Penalty Disabled Parking Violation $250.00 $150.00 Market Penalty Fire Lanes $50.00 $50.00 Market Penalty Other Violations $30.00 $15.00 Market TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Lyons, Planning Services Manager D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-100 Approve Conditional Use Permit for an Institutional Residential Use Located at 240 Algoma Boulevard (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of a 1.69-acre property located on the north side of Algoma Boulevard, east of Jackson Street. The site includes a three-story 33,174 square foot mixed commercial/residential building and associated parking area. The surrounding area consists primarily of institutional and government uses, including City Hall and the Oshkosh Police Department to the west, along with residential and commercial uses to the north. The 2040 Comprehensive Land Use Plan recommends Center City land use for the site. A N A L Y SI SANALYSIS The applicant is requesting approval of a Conditional Use Permit to convert the existing mixed-use building to an institutional residential use. The Christine Ann Center domestic abuse shelter, currently located immediately to the east of the subject site (206 Algoma Boulevard), is proposing to utilize the site. Proposed plans include interior alterations to the building. According to the applicant, the first floor will be staff office spaces, meeting rooms and communal spaces for residents. The building contains a total of 22 dwelling units on the second and third floor, which will remain unchanged. The second floor will be utilized for shelter occupants with an average stay of 39 days, and the third floor will be utilized for transitional housing, which could include stays up to 2 years. No changes are being proposed to the footprint of the site or exterior of the building. FI SC A L I M P A CTFISCAL I M P A C T Approval of this project would not result in an increase in the assessed property value as the property will likely be converted from taxable to tax-exempt. The applicant is anticipating spending approximately $650,000 on the project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested conditional use permit for an Institutional Residential Use with findings on February 6, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-100 CUP 240 Algoma Blvd 2/27/2024 24-100 RESOLUTION PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AN INSTITUTIONAL RESIDENTIAL USE FOR THE PROPERTY LOCATED AT 240 ALGOMA BOULEVARD INITIATED BY : CHRISTINE ANN DOMESTIC ABUSE SERVICES, INC. PLAN COMMISSION RECOMMENDATION: Approved w/ findings WHEREAS, the Plan Commission finds that the Conditional Use Permit for an Institutional Residential use at 240 Algoma Boulevard, is consistent with the criteria established in Sections 30-50(C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for an Institutional Residential use at 240 Algoma Boulevard, per the attached, is hereby approved, with the following findings: 1.Is in harmony with the Comprehensive Plan. 2.Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 3.Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 4.The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 5.The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR AN INSTITUTIONAL RESIDENTIAL USE FOR THE PROPERTY LOCATED AT 240 ALGOMA BOULEVARD Plan Commission meeting of February 6, 2024. GENERAL INFORMATION Owner/Applicant: Christine Ann Domestic Abuse Services, Inc. Action(s) Requested: The applicant is requesting Conditional Use Permit approval for an institutional residential use at 240 Algoma Boulevard. Applicable Ordinance Provisions: Indoor Institutional uses are permitted only through a Conditional Use Permit (CUP) in the Institutional District (I) as regulated in Section 30-50(C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a 1.69-acre property located on the north side of Algoma Boulevard, east of Jackson Street. The site includes a three-story 33,174 square foot mixed commercial/residential building and associated parking area. The surrounding area consists primarily of institutional and government uses, including City Hall and the Oshkosh Police Department to the west, along with residential and commercial uses to the north. The 2040 Comprehensive Land Use Plan recommends Center City land use for the site. Subject Site Existing Land Use Zoning Mixed commercial/residential Pending Zone change to Institutional Recognized Neighborhood Organizations Middle Village Adjacent Land Use and Zoning Existing Uses Zoning North Commercial & Mixed use I-PD & UMU South Residential & Government UMU East Institutional I West Government I-PD Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City ANALYSIS Use The applicant is requesting approval of a Conditional Use Permit to convert the existing mixed- use building to an institutional residential use. The Christine Ann Center domestic abuse shelter, currently located immediately to the east of the subject site (206 Algoma Boulevard), is proposing to utilize the site. Proposed plans include interior alterations to the building. According to the applicant, the first floor will be staff office spaces, meeting rooms and communal spaces for residents. The building contains a total of 22 dwelling units on the second and third floor, which will remain unchanged. The second floor will be utilized for shelter occupants with the average stay of 39 days and the third floor will be utilized for transitional housing which could include up to 2 years. No changes are being proposed to the footprint of the site or exterior of the building. A zone change from Urban Mixed Use District (UMU) to Institutional District (I) was requested in Item IA of this meeting. Aerial view of subject property Google Street View of subject property from Algoma Blvd. Staff is in support of the Conditional Use Permit (CUP) request for the indoor institutional use as the conversion of the site to an institutional residential use should not have an adverse impact on neighboring properties as it is compatible with neighboring institutional land uses. The applicant anticipates up to 30 employees per shift and up to 100 total residents at a given time. The existing parking area provides a total of 80 parking stalls, which will be sufficient for the expected number of employees and residents which requires 63 parking stalls per the code minimum of one parking space per three residents plus one space per nonresident employee on the largest shift. The Inspections Services Department noted that, if applicable, building, HVAC, Plumbing, Fire Alarm & Fire Suppression plans will be required to be submitted prior to permit issuance. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for an institutional residential use at 240 Algoma Boulevard with the findings listed above. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval for a Conditional Use Permit for an institutional residential use at the subject site with findings on February 6, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Ms. Scheuermann, Mr. Nichols, Mr. Bowen, Council Member Esslinger, Mr. Ulrich, Ms. Propp, and Mr. Perry reported visiting the site. The applicant is requesting approval of a Conditional Use Permit to convert the existing mixed- use building to an institutional residential use. The Christine Ann Center is proposing to utilize the site. Proposed plans include interior alterations to the building. The first floor will be staff office spaces, meeting rooms and communal spaces for residents. They will have a total of 22 dwelling units on the second and third floors, which is not changing from the existing number of units. Staff is in support of the Conditional Use Permit (CUP) request for the indoor institutional use as the conversion of the site to an institutional residential use should not have an adverse impact on neighboring properties as it is compatible with neighboring institutional land uses. The applicant anticipates up to 30 employees per shift and up to 100 total residents. The parking area has 71 stalls; currently has 80. They are showing a recreation area that is fenced in on the east side of the building. They will have 71 remaining stalls which exceeds the maximum that they need for the use, which is 65 parking stalls. Staff recommends approval of the Conditional Use Permit with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Mr. Perry asked if other members of the public wished to speak. Nick Jensen, of 141 Church Avenue in Oshkosh, stated he and his wife spoke with Alicia last Friday. She was very open and transparent. He understands the need for fencing in the play area, and pet relief area, but would like to see what that would look like. There’s a discussion of restricting or stopping access at the city easement on the North side by the B&B. The B&B has a concern with that because they have a yard area with a privacy fence and door, that they don’t know how they would access. Snow removal is also a concern. He understands the need for privacy and safety for the Christine Ann Center, but he does not know where the snow would go if access is removed to the easement. Concerns with dumpster access, and the new larger dumpster enclosure. He and the B&B do not want it in their backyards. He wants to know what the green space would look like. Ash trees were cut down and now there are just weeds. Dave Nesseler, of 135 Church Avenue in Oshkosh, stated it is a great opportunity for the petitioner to address the neighbors’ concerns and questions, since they are here. He wants to know if there are plans to encircle the entire parking lot with a fence. If so, what type of fence and how would that proceed. He heard the dumpsters would be moved. Even before the Christine Ann Center owned the parking lot, he had concerns with the parking lot and how they did not maintain and conform their landscape design. Every single island had the trees cut out at least two years ago and they’ve just been full of weeds since. City staff had indicated that was possibly a code enforcement issue and not necessarily a Plan Commission issue. He would like to know what kind of security could they expect to see. Will there be more lights, or a security service. They were given the number of rooms that are available but does that indicate a max capacity of tenants in the building. He thanked the Plan Commission for their time. Mr. Perry closed public comments. Mr. Perry asked if the applicant wanted to make a closing statement. Alicia Wegner, 333 West 12th Avenue in Oshkosh, Executive Director at Christine Ann Domestic Abuse Services. She wanted to answer questions and concerns from the neighbors. Some of these things are not set in stone yet. They are still working on the fencing. They are still in the process with their contractors of specifically the fencing around the pet area and the outdoor recreational area. They did entertain the idea of placing a fence to cut off the drive-thru access. They currently have an easement with the City to use the easement to exit off of Church Avenue, and would no longer need that easement. They understand some of their neighbors’ concerns and access for it. They do not have any set in stone plans of where and if that fence will be up, so definitely something that they are willing to continue to have conversations with the neighbors about. Currently the Beach building has very minimal security, locking at 7pm and opening back up at 6am. The Christine Ann Center currently is a 24/7 locked facility for the safety of their residents and staff. They will be making all doors on the Beach building locked entrances and monitored 24/7 by Christine Ann staff. No one is able to come in without being physically buzzed into the building by a live staff member that is working. They will be adding more secure doors to the Beach building both externally and internally. Cameras will be monitoring the parking lot, and different areas of the property. They are looking at the current lighting at the Beach building and have noticed one or two lights out on the exterior that will be fixed. They will not be placing a large flood light in the middle of the parking lot or anything like that. They were notified recently that there is a code violation for landscaping with the trees not being placed in the islands, so by spring they will be looking at planting trees in the current islands in the parking lot. The new larger enclosure and dumpsters will be directly to the right of where they are now. The current one is not sufficient in size for what they will be needing. She is very much open to hearing any concerns that anybody has, and figuring out how they can work through this together as good neighbors. Ms. Propp had questions about capacity, and rooms. Ms. Wegner stated there are 6 studios, and the rest are one-bedroom with a den, and two- bedroom, so they vary in size. The 2-bedroom units have tall ceilings, so they are looking to utilize bunk beds. The 2-bedroom units could potentially have 8 individuals. The 2nd floor could shelter up to 60 individuals. Shelter fluctuates quite frequently. They do not have a length of stay so there are some people who are there for just a few days, and others for a month or two. The 3rd floor will be transitional housing in the 11 apartments. The transitional housing could be for a single individual, a family of four, a family of two, etc. Mr. Bowen asked about the 1st floor. Ms. Wegner stated the 1st floor will eventually be all staff offices and meeting rooms. The bakery currently located in the Beach building will be leaving at the end of this month. Mr. Ulrich had questions about security and fencing at the Beach building. He commented about the fencing at the current Christine Ann building on the corner. Ms. Wegner stated they do not currently have solid plans on fencing. They are not that far into the process on where there may be fencing and what type it would be. They have had conversations with some of the neighboring property owners about potentially moving the fence back so they would still have access. They are still entertaining some of the different ideas with the area to the north in particular. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry stated that before they start discussion on the motion, he wanted Mr. Slusarek to speak about the next steps in the process. Mr. Slusarek stated that if the Conditional Use Permit (CUP) is approved, any site changes would go through City site plan review. For example, the dumpster enclosure would go through site plan review to confirm compliance with screen requirements, and placement as far as setbacks. Same goes for fencing, which would be addressed during site plan review under a separate building permit following the CUP. We would have that stage to verify compliance with their site. Ms. Propp stated it would not be coming back to Plan Commission, it would be internal (City staff). Mr. Slusarek confirmed that as being correct. It is just an administrative review. There was no further discussion on the motion. Motion carried 9-0 Project Narrative: Christine Ann Center is a domestic abuse shelter that will be occupying an existing building known as "The Beach Building" and is located at 240 Algoma Blvd., Oshkosh, WI. The beach building is an existing three-story 35,609 S.F. structure that was constructed in 1912. The building was placed on the National Register Historic List in 1985 and on the State Register Listing in 1989. The structure listing name is "Orville Beach Memorial Manual Training School" - (reference number 85002334). The Beach Building was last altered in 2016. The existing 12,847 S.F. (0.29 acre) first floor is utilized as a Business - 'B' occupancy and the existing 11,381 S.F. (0.26 acre) second and third floors are utilized as a Residential - 'R-2' occupancy. The Beach Building contains (22) dwelling units evenly distributed between the second and third floors; this number will remain unchanged. The 2016 alteration followed the IBC / IEBC 2009, including IEBC Chapter 11 - Historic Buildings. The building is of Type IIIB construction and is fully sprinklered: NFPA 13 - 1st floor and NFPA 13r - 2nd and 3rd floors. The existing parking area consists of 80 stalls (77 STD + 3 ADA). The current project proposes 71 stalls (68 STD + 3 ADA) at 38,267 S.F. (0.88 acre) of impervious surface. No landscaping will be required per city of Oshkosh ordinance 30-251. The current project consists of an interior alteration (alteration level 2) to the first floor 'B' occupancy. The second and third floor 'R-2' occupancy will remain un-altered. Alterations to follow the IBC / IEBC 2015, including Chapter 12 - Historic Buildings. The existing second floor will be utilized for shelter occupants with the average stay of 39 days (R-2 occupancy). The existing third floor will be utilized for transitional housing which could include stays up to 2 years (R-2 occupancy). The current project will not affect the property’s operational hours; the building’s use will remain unchanged. The entrance to the site from Algoma Blvd. will not be altered. The Christine Ann Center has operated on the adjacent parcel to the east (zoned Institutional) since 1991, and will continue to serve the community in its new location at the Beach Building. ALGOMA BLVD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 50 ft 1 in = 0.01 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer ZONE CHANGE & CUP 240 ALGOMA BLVD PC: 2-6-2024 TRINITY EPISCOPAL CHURCH 311 DIVISION ST OSHKOSH WI 54901 WIS BELL INC C/O ASST SEC 16TH FLOOR 722 N BROADWAY ST MILWAUKEE WI 53202 MERILYN R SMITH REV TRUST 226 HIGH AVE APT A OSHKOSH WI 54901 CHRISTINE ANN DOMESTIC ABUSE SERVICES IN 206 ALGOMA BLVD OSHKOSH WI 54901 OSH AREA SCHL DIST REC GYM C/O BOARD OF EDUCATION PO BOX 3048 OSHKOSH WI 54903 CHURCH AND DIVISION LLC 107 CHURCH AVE OSHKOSH WI 54901 JOHN C/JULIE A MAY REV TRUST 121 CHURCH AVE OSHKOSH WI 54901 CHURCH AVENUE PROP LLC 125 CHURCH AVE OSHKOSH WI 54901 THOMAS G/DIANE L LAMMERS 131 CHURCH AVE OSHKOSH WI 54901 BARBARA YOUNG DAVID J NESSELER 135 CHURCH AVE OSHKOSH WI 54901 240 ALGOMA BLVD LLC 146 ALGOMA BLVD G OSHKOSH WI 54901 KENDAL /MICHELL WATWOOD 143 CHURCH AVE OSHKOSH WI 54901 NICK A/LISA M JENSEN 4737 INDIAN BEND RD OSHKOSH WI 54904 MIDDLE VILLAGE NBHD ASSOC C/O KATIE LOFTON 1216 MERRITT AVE OSHKOSH WI 54901 MIDDLE VILLAGE NBHD ASSOC C/O DAVID STUBBE 659 CENTRAL ST OSHKOSH WI 54901 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902 DIVISION ST CENTRAL ST CHURCH AV ALGOMA BLVD HIGH AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 120 ft 1 in = 0.02 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer MERRITT AV HUDSON AV DAWES ST COMMERC E ST W PAR KWAY AV DIVISION ST OTTER AV PEARL AV COURT ST CITY CENTER CAMPUS PL WAUGOO AV CHURCHAV PEARL AV DAWES ST MT VERNON ST JEFFERSON ST IDA AV FULTON AV MT VERNON ST E PARKWAY AV CHURCH AV MARKETST RIVERWAY DR DIVISION ST BROWN ST MARKETST DIVISION ST CENTRAL ST FREDERICK ST UNION AV DIVISION ST CENTRAL ST FRANKLIN ST FREDERICK ST WRIGHT ST CHERRY ST OXFORD AV DALE AV PL EA SA N T S T MA DIS ON S T AMHERST AVAMHERST AV JEFFERSON ST MARION RD FRANKLIN ST STATE ST CENTRAL ST N MAIN ST E IRVING AVW IRVING AV ALGOMA BLVD CEAPE AV WISCONSIN ST HIGH AV WASHINGTON AV ELM W O O D A V JACKSON ST C M U C M U C M U C M U C M U -P D C M U -P D C M U -P D -R FO CM U -RF O C M U -R F O I I I I I I I-P D I -P D I -P D I-PD I-P D I -P D I-P D I-P D I-P D I -P DI-P D I-P D I-P D -R F OI-P D -R F O I-P D -U T O I-U T O MR -20-U T O M R -3 6 M R -3 6 -U TO MULTIPLE R M U-P D -R F O R M U -P D -R F O T R -1 0 TR-10 T R -1 0 T R -1 0 T R -1 0 -P D T R -1 0 -P D T R -1 0 -U TO T R -1 0 P D U T O U M U U M U U M U U M U U M U U M U U M U -P D U M U -P D U M U -P D UMU-PD U M U -P D -U T O U M U -U T O U M U -U TO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 500 ft 1 in = 0.09 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer DIVISION ST CENTRAL ST CHURCH AV ALGOMA BLVD HIGH AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/28/2023 1 in = 100 ft 1 in = 0.02 mi¯240 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Lyons, Planning Services Manager D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-101 Approve Specific Implementation Plan Amendment Request for Temporary Campground at Southwest Corner of West Ripple Avenue & South Washburn Street (Parcels 1309141000, 1367000000, 1367490000, 1367500000) (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of four vacant parcels totaling 68 acres located at the southwest corner of West Ripple Avenue and South Washburn Street that were previously used for camping, parking, and ingress/egress at Ford Festival Park. The properties all have a zoning designation of Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The surrounding area consists predominately of undeveloped land, along with commercial, industrial, and institutional uses. The 2040 Comprehensive Land Use Plan recommends park use for the subject site. A N A L Y SI SANALYSIS The applicant is requesting Specific Implementation Plan (SIP) amendment approval to establish a use similar to the previous use. The applicant is requesting to utilize the subject area for 10 temporary events per year, with each event not to exceed 8 days. The concert performance area will remain in the Town of Nekimi, with the four properties located within the City being utilized for camping and access to the performance area. The applicant expects festivals to have around 25,000 people in daily attendance, 10,000-vehicle onsite parking capacity, and 2,200 campsites. They project future years to have daily attendance of 40,000+, 10,000+ onsite parking capacity, and in excess of 3,500 campsites. The area within the City's jurisdiction is approximately 63 acres and contains the main entrance, festival grounds signage, entrance waterfall feature, parking, and campgrounds. The applicant intends to hold events between the months of April and November. Staff is supportive of a base standard modification (BSM) to allow for the temporary campground use, but is recommending a condition that the temporary campground be limited to 5 events per year and only be used when a City-issued Special Event Permit is active. Given the temporary nature of the use and historical use of approximately 3 events per year, staff feels that a maximum of 5 events, of up to 8 days each, per calendar year is appropriate. If the intensity of the temporary use grows beyond 5 events, it is appropriate for the City of Oshkosh to re-evaluate the uses impact prior to considering more events through another Planned Development amendment. The condition to only allow the temporary campground use when in conjunction with an approved Special Event Permit will ensure the City can adequately evaluate each event for its impact, including but not limited to; the events impact on public safety services, traffic, and adjoining property owners. The applicant is requesting multiple BSMs related to allowing the temporary campground use without code-compliant parking stalls, allowing gravel drive aisles and grass parking areas, and to allow parking/drive areas without curbing, lighting, and striping. Staff is supportive of these requested BSMs as they are unique to the proposed temporary campground use and will be utilized only on a temporary/seasonal basis for events. The proposed site design is consistent with the functionality of the site for previous events. The applicant has submitted plans for a two-sided 11' X 36' electronic message center (EMC) sign on the south side of the South Washburn Street entrance along with a two-sided 11' X 36' static sign along South Washburn Street on the northern parcel. These two permanent signs would be in addition to the existing monument sign located at the entrance on the southern parcel (91367500000). The zoning ordinance allows up to 400 sq. ft. of signage for each of these parcels. However, electronic message boards are limited to one per lot with a maximum area of 100 sq. ft. A BSM is being requested to allow the proposed 396 sq. ft. EMC sign. Staff is supportive, as the applicant has offset the BSM by only providing signage on two of the three parcels with South Washburn Street frontage. Signage displays must be directly related to on-site events. Due to the unique nature of the use, staff is also recommending a BSM related to temporary signage to allow height and overall size of up to 835 sq. ft. of temporary signage. 675 sq. ft. of the total temporary signage would be accounted for by a gateway entrance and four additional 5'x8' temporary signs. Staff is supportive of a BSM to allow increased signage height up to 20' for the gateway entrance. In exchange for the increased temporary sign height, staff is proposing the gateway entrance sign to be setback a minimum of 120' from South Washburn Street. Staff is recommending a condition that temporary signs are only placed on the site when a City-issued Special Event Permit is active for the site and all temporary signage displays must be directly related to on-site events. FI SC A L I M P A CTFISCAL I M P A C T Approval of this SIP amendment may result in a minor increase in the assessed property value for the site. The applicant is anticipating spending approximately $309,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the Specific Implementation Plan Amendment for a temporary campground with findings on February 20, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-101 SIP Amend 4125 S Washburn St 2/27/2024 24-101 RESOLUTION PURPOSE: SPECIFIC IMPLEMENTATION PLAN AMENDMENT REQUEST FOR TEMPORARY CAMPGROUND AT SOUTHWEST CORNER OF WEST RIPPLE AVENUE & SOUTH WASHBURN STREET (PARCELS 1309141000, 1367000000, 1367490000, & 1367500000) INITIATED BY : CORY BLISS (OSHKOSH FESTIVALS, LLC, D/B/A XROADS41) PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the Plan Commission finds that the Specific Implementation Plan Amendment for temporary campground at Southwest Corner of West Ripple Avenue and South Washburn Street, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Amendment for temporary campground at Southwest Corner of West Ripple Avenue and South Washburn Street per the attached, is hereby approved, with the following findings: The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 1. The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.). The proposed temporary campground/event site is consistent with the 2040 Comprehensive Land Use Plan recommendation of “Park” as it will be utilized for public events/recreation. 2. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. The proposed temporary campground is compatible with surrounding vacant and agricultural uses. 3. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. The temporary campground is meeting all applicable setback requirements and the use is an appropriate transition to surrounding properties that consist predominantly of vacant and agricultural uses. 4. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. The temporary campground is compatible with surrounding development and uses, including temporary lodging to the north/east of the site and EAA event grounds to the northeast. 5. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Limiting the timeframe of the temporary campground use and limiting the overall sign area serves to compensate for requested base standard modifications. 6. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a Specific Implementation Plan Amendment for temporary campground at Southwest Corner of West Ripple Avenue and South Washburn Street: The Base Standard Modification to allow temporary campground use during permitted Special Events, not to exceed 5 events per calendar year with each event lasting no more than 8 days (which collectively is a maximum of no more than 40 calendar days of temporary campground use per year; 5 calendar events x 8 days = 40 days). Temporary campground use shall only occur during events that have received a Special Event permit through the City of Oshkosh. Further, no temporary campground use shall occur during the months of December through March. 1. Base Standard Modification to allow a 400 sq. ft. electronic message center (EMC) sign on parcel 91367500000. In addition to the EMC sign and the existing monument sign on parcel 91367500000, only one additional 400 sq ft. ground sign shall be permitted on parcel 91367000000. No ground signs shall be permitted on parcel 91309141000 or 91367490000. 2. Base Standard Modification to allow more than one temporary sign per lot and up to 835 sq. ft. of temporary signage total for the four lots within the City. Temporary signage may only be displayed during permitted Special Events. 3. Base Standard Modification to allow increased height of one temporary gateway entrance sign of 20’ in height on parcel 91367500000. Further the temporary gateway entrance sign shall be setback a minimum of 120’ from South Washburn Street and have a maximum sign area of up to 675 sq. ft. The temporary gate way sign shall be counted against/deducted from the 835 sq. ft. of allowed temporary signage on site (See Condition #3 above). The temporary gateway sign may only be displayed during permitted Special Events. 4. All signage displayed must be directly related to on-site events. Off-premise advertising signs, whether temporary or permanent, are strictly prohibited. 5. Given the limited and temporary nature of the campground usage on site (as described in Condition #1) the following Base Standard Modifications are allowed: Base Standard Modification to allow temporary campground use with 0 designated parking stalls per campsite. a. Base Standard Modification to allow unpaved parking and internal drives in accordance with the submitted plans. b. Base Standard Modification to allow parking areas and internal drives without marking, curbing, and lighting. c. Base Standard Modification to allow commercial use without pedestrian/bicycle access to at least one street frontage. d. Base Standard Modification to allow commercial use without street frontage landscaping.e. Base Standard Modification to allow commercial use without paved area landscaping.f. 6. Based Standard Modifications are being granted in #6(b)and(c) above, but as a condition of that, Gates 2 and 3 shall be gated and only used for emergency access to South Washburn Street. Gates 2 and 3 are not to be used as standard ingress and egress from the site, and shall only be used when ingress and egress needs to be made immediately for purpose of health and safety, including use by emergency vehicles. 7. Any changes or alterations to the site plan or use of the site will require amendment of the Specific Implementation Plan (SIP). 8. Non-compliance with this SIP may result in enforcement action and may also be considered by Common Council in any decision to approve or deny a Special Event permit. 9. ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT REQUEST FOR TEMPORARY CAMPGROUND AT SOUTHWEST CORNER OF WEST RIPPLE AVENUE & SOUTH WASHBURN STREET (PARCELS 1309141000, 1367000000, 1367490000, & 1367500000) Plan Commission meeting of February 20, 2024. GENERAL INFORMATION Petitioner: Cory Bliss (Oshkosh Festivals, LLC, d/b/a XRoads41) Owner: Oshkosh Festivals, LLC and JSC Acres LLC Action(s) Requested: The applicant requests approval of a Specific Implementation Plan amendment for a temporary campground at the southwest corner of West Ripple Avenue & South Washburn Street. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject site consists of four vacant parcels totaling 68 acres located at the southwest corner of West Ripple Avenue and South Washburn Street that were previously used for camping, parking, and ingress/egress at Ford Festival Park. The properties all have a zoning designation of Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The surrounding area consists predominately of undeveloped land, along with commercial, industrial, and institutional uses. The 2040 Comprehensive Land Use Plan recommends park use for the subject site. In 2006, the Country USA event was relocated from the County’s Sunnyview Park grounds on the northeast side of the City to Ford Festival Park on the City’s southwest side at roughly the southwest corner of Ripple Road and South Washburn Street. The property containing the festival grounds is comprised of approximately 260 acres of land owned by multiple owners and is located in both the City of Oshkosh and Town of Nekimi with the vast majority of the properties located within the Town. Activities located within the City were camping, parking, and ingress/egress. The Conditional Use Permit/Planned Development request was granted on July 26, 2005, with conditions including but not limited to a 2016 CUP/PD expiration date and mid-use review. In 2011, the petitioner returned to the Plan Commission and Common Council for a required mid-use review primarily to determine if any additional conditions would be needed to improve the operations of the events. An approval for the continued use of the CUP/Planned Development was approved on July 13, 2011 with additional conditions. On May 24, 2016, Common Council approved renewal of the CUP/PD through 2026. The site was last utilized in 2019, and therefore the CUP/PD has expired. Subject Site Existing Land Use Zoning Vacant SMU-PD Adjacent Land Use and Zoning Existing Uses Zoning North Commercial SMU-PD South Agriculture SMU East Interstate-41 / South Washburn Street West Vacant Town of Nekimi Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Park ANALYSIS The applicant is requesting Specific Implementation Plan (SIP) amendment approval to establish a use similar to the previous use. The applicant is requesting to utilize the subject area for 10 temporary events per year with each event not to exceed 8 days. The concert performance area will remain in the Town of Nekimi, with the four properties located within the City being utilized for camping and access to the performance area. The applicant expects festivals to have around 25,000 in daily attendance, 10,000 onsite parking capacity, and 2,200 campsites. They project future years to have daily attendance of 40,000+, 10,000+ onsite parking capacity, and excess of 3,500 campsites. The area with the City’s jurisdiction is approximately 63 acres and contains the main entrance, festival grounds signage, entrance waterfall feature, parking, and campgrounds. The applicant intends to hold events between the months of April and November. The use of the subject properties is considered a temporary campground, which is not permitted in the Suburban Mixed Use (SMU) District. Staff is supportive of a BSM to allow the temporary campground use, but is recommending a condition that the temporary campground be limited to 5 events per year and only be used when a City-issued special event permit is active. Given the temporary nature of the use and historical use of approximately 3 events per year, staff feels that a maximum of 5 events, of up to 8 days each, per year is appropriate. If the intensity of the temporary use grows beyond 5 events it is appropriate for the City of Oshkosh to re-evaluate- the uses impact prior to possibly allowing more events through a Planned Development amendment. Proposed Site Plan Site Design/Access The site is accessed from a single primary entrance within the City on South Washburn Street and 5 access points from West Ripple Avenue in the Town of Nekimi. Two gated emergency entrances are also shown along South Washburn Street within the City. Staff is recommending a condition that only one primary access be permitted off of South Washburn Street and that the additional two access points are gated and used for emergency access only. The applicant is requesting base standard modifications (BSM) to allow the temporary campground use without code-compliant parking stalls, where code requires two parking spaces per campsite. Along with this, the applicant is requesting BSMs to allow gravel drive aisles and grass parking areas, where code requires all parking/drive areas to be hard surface (concrete/asphalt). BSMs are also being requested to allow parking/drive areas without curbing, lighting, and striping. A BSM is also required to allow the commercial use without the code-required pedestrian/bicycle access provided to the right- of-way. Staff is supportive of these requested BSMs as they are unique to the proposed temporary campground use and will be utilized only on a temporary/seasonal basis for events. The proposed site design is consistent with the functionality of the site for previous events. Storm Water Management/Utilities The Department of Public Works has noted that a plan is needed for ditching/storm water improvements. They also noted that access to the site will need to be coordinated with a safety plan. Landscaping No new landscaping is being proposed for the site. Code requires street frontage landscaping for developed areas of the site and paved area landscaping for parking areas. The applicant is requesting BSMs to allow the temporary campground use without the required street frontage and paved area landscaping. Staff does not have concerns with the required landscaping not being provided as the proposed use of the site is temporary in nature and permanent hard surfaces/structures are not being developed. Signage The applicant has submitted plans for a two-sided 11’ X 36’ electronic message center (EMC) sign on the south side of the South Washburn Street entrance along with a two-sided 11’ X 36’ static sign along South Washburn Street on the northern parcel. These two permanent signs would be in addition to the existing monument sign located at the entrance on the southern parcel (91367500000). Both of the proposed signs have an overall height of 30’. The zoning ordinance allows up to 400 sq. ft. of signage for each of these parcels. However, electronic message boards are limited to one per lot with a maximum area of 100 sq. ft. A BSM is being requested to allow the proposed 396 sq. ft. EMC sign. Staff is supportive of the increased EMC size due the large scale of the site and events. The EMC will allow the applicant to change messages to accommodate the various events at the site. Staff is comfortable that the applicant has offset the BSM by only providing signage on two of the three parcels with South Washburn Street frontage. The applicant would otherwise have the ability to have another 400 sq. ft. ground sign on the middle parcel (91309141000). Signage displays must be directly related to on-site events. The applicant is requesting a total of 1,800 sq. ft. of temporary signage, including 800 sq. ft. of temporary signage over 8’ tall, up to 20’ tall. Code allows a maximum of one board/banner sign per lot or one waving sign per street frontage with a maximum area of 32 sq ft. and maximum height of 8’ for board/banner signs and 20’ for waving signs. According to the applicant, the increased signage will allow for a possible larger sign area at, around, and above the vehicle entrance way to greet event patrons and sponsors. By code the applicant would be permitted three temporary signs for a total of 96 sq. ft. The requested 1800 sq. ft is almost 19 times larger than base code. While staff understands the unique nature of the development and agrees additional temporary signage may be warranted, there is no justification for allowing the requested amount of temporary signage. Staff feels it is appropriate to allow temporary signs within the maximum height of 8’ for board/banner signs and 20’ for waving (feather) signs. Staff is supportive of BSM to allow increased signage height up to 20’ for the gateway entrance. In exchange for the increased temporary sign height staff is proposing the gateway entrance sign to be setback a minimum of 120’ from South Washburn Street. Staff is also recommending a BSM to allow up to 835 sq. ft. of temporary signage. 675 sq. ft. of the total temporary signage would be accounted for by the gateway entrance and an additional four 5’x8’ temporary signs. Staff is recommending a condition that temporary signs are only placed on the site when a City-issued special event permit is active for the site and all temporary signage displays must be directly related to on-site events. In summary, this is the proposed allowed signage on site: Permanent Signage - Existing monument sign on parcel 91367500000 - 1 x 400 sq ft. EMC sign on parcel 91367500000 - 1 x 400 sq ft. ground sign on parcel 91367000000 - No permanent signage on parcels 91309141000 or 91367490000 Temporary Signage - Temporary signs of up to 835 sq ft. may be collectively used on any of the four parcels. - Of the allowed 835 sq ft. of temporary signage, 675 sq ft. may be used for one temporary gateway sign on parcel 91367500000 - The temporary gateway sign may be up to 20’ in height. All other temporary board and banner signs on site shall be limited to 8’ height. Temporary feather signs shall be limited to 20’ height. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.). The proposed temporary campground/event site is consistent with the 2040 Comprehensive Land Use Plan recommendation of “Park” as it will be utilized for public events/recreation. (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. The proposed temporary campground is compatible with surrounding vacant and agricultural uses. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. The temporary campground is meeting all applicable setback requirements and the use is an appropriate transition to surrounding properties that consist predominantly of vacant and agricultural uses. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. The temporary campground is compatible with surrounding development and uses, including temporary lodging to the north/east of the site and EAA event grounds to the northeast. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Limiting the timeframe of the temporary campground use and limiting the overall sign area serves to compensate for requested base standard modifications. Staff recommends approval of the Specific Implementation Plan Amendment with the findings listed above and with the proposed following conditions: 1. Base Standard Modification to allow temporary campground use during permitted Special Events, not to exceed 5 events per calendar year with each event lasting no more than 8 days (which collectively is a maximum of no more than 40 calendar days of temporary campground use per year; 5 calendar events x 8 days = 40 days). Temporary campground use shall only occur during events that have received a Special Event permit through the City of Oshkosh. Further, no temporary campground use shall occur during the months of December through March. 2. Base Standard Modification to allow a 400 sq. ft. electronic message center (EMC) sign on parcel 91367500000. In addition to the EMC sign and the existing monument sign on parcel 91367500000, only one additional 400 sq ft. ground sign shall be permitted on parcel 91367000000. No ground signs shall be permitted on parcel 91309141000 or 91367490000 3. Base Standard Modification to allow more than one temporary sign per lot and up to 835 sq. ft. of temporary signage total for the four lots within the City. Temporary signage may only be displayed during permitted Special Events. 4. Base Standard Modification to allow increased height of one temporary gateway entrance sign of 20’ in height on parcel 91367500000. Further the temporary gateway entrance sign shall be setback a minimum of 120’ from South Washburn Street and have a maximum sign area of up to 675 sq. ft. The temporary gate way sign shall be counted against/deducted from the 835 sq. ft. of allowed temporary signage on site (See Condition #3 above). The temporary gateway sign may only be displayed during permitted Special Events. 5. All signage displayed must be directly related to on-site events. Off-premise advertising signs, whether temporary or permanent, are strictly prohibited. 6. Given the limited and temporary nature of the campground usage on site (as described in Condition #1) the following Base Standard Modifications are allowed: a. Base Standard Modification to allow temporary campground use with 0 designated parking stalls per campsite. b. Base Standard Modification to allow unpaved parking and internal drives in accordance with the submitted plans. c. Base Standard Modification to allow parking areas and internal drives without marking, curbing, and lighting. d. Base Standard Modification to allow commercial use without pedestrian/bicycle access to at least one street frontage. e. Base Standard Modification to allow commercial use without street frontage landscaping. f. Base Standard Modification to allow commercial use without paved area landscaping. 7. Based Standard Modifications are being granted in #6(b)and(c) above, but as a condition of that, Gates 2 and 3 shall be gated and only used for emergency access to South Washburn Street. Gates 2 and 3 are not to be used as standard ingress and egress from the site, and shall only be used when ingress and egress needs to be made immediately for purpose of health and safety, including use by emergency vehicles. 8. Any changes or alterations to the site plan or use of the site will require amendment of the Specific Implementation Plan (SIP). 9. Non-compliance with this SIP may result in enforcement action and may also be considered by Common Council in any decision to approve or deny a Special Event permit. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval for a Specific Implementation Plan Amendment for a temporary campground at the subject site with findings on February 20, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Mr. Nichols, Mr. Esslinger, Mr. Ulrich, Ms. Propp, Mr. Kiefer, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a Specific Implementation Plan amendment for a temporary campground at the southwest corner of West Ripple Avenue & South Washburn Street. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area consists of four vacant parcels totaling 68 acres located at the southwest corner of West Ripple Avenue and South Washburn Street that were previously used for camping, parking, and ingress/egress at Ford Festival Park. In 2016, Common Council approved renewal of the CUP/PD for the former Country USA and Rock USA events through 2026. The site was last utilized in 2019, and therefore the CUP/PD has expired. The applicant is requesting SIP amendment approval to establish a use similar to the previous use. The applicant is requesting to utilize the subject area for 10 temporary events per year. The concert performance area will remain in the Town of Nekimi, to the west. The area within the City’s jurisdiction contains the main entrance off South Washburn Street, festival grounds signage, parking, and campground area. The applicant intends to hold events between the months of April and November. The use of the subject properties is considered a temporary campground, which is not permitted in the Suburban Mixed Use (SMU) District. Staff is supportive of a BSM to allow the temporary campground use, but is recommending a condition that the temporary campground be limited to 5 events per year and only be used when a City-issued special event permit is active. Given the temporary nature of the use and historical use of approximately 3 events per year, staff feels that a maximum of 5 events, of up to 8 days each, per year is appropriate. The site is accessed from a single primary entrance within the City on South Washburn Street and 5 access points from West Ripple Avenue in the Town of Nekimi. Two gated emergency entrances are also shown along South Washburn Street within the City. Staff is recommending a condition that only one primary access be permitted off of South Washburn Street and that the additional two access points are gated and used for emergency access only. The applicant is requesting base standard modifications (BSMs) to allow the temporary campground use without code-compliant parking stalls; to allow gravel drive aisles and grass parking areas without curbing, lighting, and striping; to allow the commercial use without the code-required pedestrian/bicycle access. Staff is supportive of these requested BSMs as they are unique to the proposed temporary campground use and will be utilized only on a temporary/seasonal basis for events. The proposed site design is consistent with the functionality of the site for previous events. The applicant has submitted plans for a two-sided 11’ X 36’ electronic message center (EMC) sign on the south side of the South Washburn Street entrance along with a two-sided 11’ X 36’ static sign along South Washburn Street on the northern parcel. These two permanent signs would be in addition to the existing monument sign located at the entrance on the southern parcel (91367500000). Both of the proposed signs have an overall height of 30’. The zoning ordinance allows up to 400 sq. ft. of signage for each of these parcels. However, electronic message boards are limited to one per lot with a maximum area of 100 sq. ft. A BSM is being requested to allow the proposed 396 sq. ft. EMC sign. Staff is supportive of the increased EMC size due the large scale of the site and events. Staff is comfortable that the applicant has offset the BSM by only providing signage on two of the three parcels with South Washburn Street frontage. The applicant would otherwise have the ability to have another 400 sq. ft. ground sign on the middle parcel (91309141000). Signage displays must be directly related to on-site events. The applicant is requesting a total of 1,800 sq. ft. of temporary signage, including 800 sq. ft. of temporary signage over 8’ tall, up to 20’ tall. Code allows a maximum of one board/banner sign per lot or one waving sign per street frontage with a maximum area of 32 sq ft. and maximum height of 8’ for board/banner signs and 20’ for waving signs. By code the applicant would be permitted three temporary signs for a total of 96 sq. ft. The requested 1800 sq. ft is almost 19 times larger than base code. Staff feels it is appropriate to allow temporary signs within the maximum height of 8’ for board/banner signs and 20’ for waving (feather) signs. Staff is supportive of BSM to allow increased signage height up to 20’ for the gateway entrance. In exchange for the increased temporary sign height staff is proposing the gateway entrance sign to be setback a minimum of 120’ from South Washburn Street. Staff is also recommending a BSM to allow up to 835 sq. ft. of temporary signage. 675 sq. ft. of the total temporary signage would be accounted for by the gateway entrance and an additional four 5’x8’ temporary signs. Staff is recommending a condition that temporary signs are only placed on the site when a City-issued special event permit is active for the site and all temporary signage displays must be directly related to on-site events. Staff recommends approval of the Specific Implementation Plan Amendment with the findings and conditions listed in the staff report Mr. Perry opened up technical questions to staff. Ms. Propp wondered if the driveways were gravel before. Mr. Lyons stated yes; all the internal access drives are in various states of gravel, deteriorated gravel, or dirt. They were all previously like that. Ms. Davey wondered if the existing sign would be removed. Mr. Lyons believes the Ford sign will go away, and be replaced with one of the two new signs. Mr. Perry wants to know about the sanitation situation with the temporary campground permit. Mr. Lyons stated the applicant/owner would go through County Health for those permits. Mr. Ulrich wondered if the recommendation is for five events per year to be evaluated in the future, then does Plan Commission have to set an actual timeline to evaluate. Mr. Lyons stated that if at some point they grow to a point where they believe they would want to exceed five, it would trigger the need for them to come back to this board through an SIP Amendment. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Corey Bliss, (no address given) is the GM of Oshkosh Festivals. Crossroads 41 music event is their inaugural event August 8th through 10th. He noted some of the owners and a manager in attendance. He has been doing music festivals specifically since 1996. In that time, there have been well over 50 music festivals he’s organized and produced. The one thing we are doing here that’s different than what was done with Country USA and Rock USA is we are developing an event that is very much more on the high-end of the common music festival. Higher end experiences, more customer service focused elements, and some unique experiences within the experience. Our hope, our goal is to have the Midwest premier event located here in Oshkosh. Other premier events in the country, Coachella on the west coast, is one that comes to mind that has been around for a long time. They execute things really at a high level from a fan experience standpoint. That is one of our goals. Our number one goal is safety. Unfortunately, in the world we live in it is not foreign anymore for a mass gathering event to be the target of some sort of nefarious activity. Everything we are doing with our planning and the strategy around this event is with public safety in mind, and the safety of our staff, artists, and guests that attend this event. Some of the improvements we have currently gone underway with are public safety improvements, and grounds improvements to handle some of the water or mud that was common with the previous event. Long-term there is certainly a desire to build some permanent infrastructure that can replace temporary infrastructure: tents, port-a-johns, things of that nature. Have to get this first event under our belts and identify what the flow, personality, and culture of the event is. Will be largely temporary infrastructure for this first event, so tents, port-a-johns, mobile offices, and things of that nature. We are super excited to be doing an event in this area. We love the community and the event city mindset that Oshkosh has become famous for. Not to be too bold or overconfident, but we think we can do an event better than anyone else has done an event for this community. I think what you will see in our plans and presentations, as it relates to any permitting and public record items, is that we put a lot of thought into it. Such as traffic planning; how do we alleviate and try to mitigate unnecessary congestion on the roadways and things like that. All that is coming down the pipeline in the near future. We are fine with the recommendation that was presented, and are available for questions. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed public comments. There was no closing statement from the applicant, but Plan Commission had questions. Ms. Propp stated is sounds like the petitioner has standards and she appreciates that. She is primarily interested in high-end grounds standards. She has heard and seen horror stories about the mud, and that is why she had asked about the gravel driveways. She hopes they will start off with enough gravel so at least the driveways will not be an issue. She is also concerned with traffic. If they could offer a shuttle service that would be magnificent. There have been a lot of problems out there in the past with not being able to install sidewalks, or a decent roadway. Mr. Bliss stated they are topping off all the existing roads with gravel. They will then drain off better. Beyond that we have got some water management that we’ve installed. It is no accident the date that we chose for this event. August is typically a drier time of year than June or July. We are hoping mother nature cooperates with us most of the time. I cannot speak real in depth to some of the future improvements to the site but I think what you will see with the group we are working with is an appetite to do things on a high level, not done on the cheap. We want whatever investment that is put into this site to last a long time, and also be flexible for any number of thousands of people that may be attending there. There’s a 1-year plan we have in place for this first event. We have a 5-year and 10- year plan that we are working on. It’s kind of our master plan for the improvement of this site. Ms. Davey is curious about the existing Ford sign, and if they will be getting rid of it. Mr. Bliss stated yes they would be. Mr. Perry stated since there would be a temporary campground, he is very concerned about public sanitation. People will be renting tents, and/or RVs and even if it is three days, he can see a lot of valves being opened into the grass. He wanted to know if there is a plan to address the public sanitation issue or not. Mr. Bliss stated they will work closely with public health and whatever their requirements are. In addition to that we will have a RV pumping service available on site that will connect directly to the outlet on the RV and pump tanks. We found that by introducing that at other events in other locations in the country that is has taken care of the vast majority of those types of issues, but I won’t ever say 100%. We will also have another vendor that will fill water tanks as a customer service. We are really trying to set up all your conveniences right there. Part of the higher-end experience culture starts in the campground with what you tolerate. Do you put together a harder approach to it because it improves the overall experience. Campgrounds are where we are going to put that emphasis. Even the cleanliness of your individual campsite, depending on how messy it is, we might make an example of that customer and say I’m sorry but you have to leave because you haven’t complied with cleaning up of your personal campsite. Ms. Davey asked if they are planning to do anything about recyclables. Mr. Bliss stated he has a meeting tomorrow to start to get some of those plans finalized. We will have an active aluminum and carboard recycling program in addition to the food waste and other waste. Mr. Esslinger wondered if the site would host mainly country events, or if there would be rock or pop events. Mr. Bliss stated for this first inaugural and annual event will be country leaning in the talent. It is not all country. It will always be a largely country lineup. The next event we are in the process of planning, which may or may not roll out in 2025, is going to be more programmed on the rock leaning side of the genre. We think country and rock, in this part of the country, is what appeals to the masses. Mr. Lyons stated they will also need special event permits, which get into more of the public safety side of things. Such as traffic, lighting, and all the stuff that goes with public safety. Back when the original events took place on this site, our special event process and permitting did not exist. A lot of what was previously handled by this board and Land Use is no longer in here (staff report) because we now have that special event permitting process that is better equipped to handle the public safety side of things, such as traffic, and traffic control. They will need special event permitting for every event. He appreciates the applicant and their team working with staff. They had a lot of back and forth. This is a unique event both from what it brings to the community but then also the challenges we have dealing with this type of use from a land use and planning standpoint. It does not fit cleanly into a zoning code so thank you to their team. We really appreciate their willingness to work with us. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Ms. Propp appreciates the applicant’s answers, and the fact that we have a special event permit process now that might take care of some of the issues we have raised. She hopes for success and no mud. Mr. Nichols is excited with how thorough the applicant was, working with City staff, and City staff’s help in this process. He thinks this event is going to be incredible, and the more events like this we can bring to Oshkosh just makes our City a better place. Motion carried 8-0 a City~· 0~ City of Oshkosh Planned Development Application SUBMIT TO: Dept. o f Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 Room 204 PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us Oshkosh For General Development Plan or Specific Implementation Plan **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: Oshkosh Festivals, LLC Date: 2/6/2024 Petitioner's Address: _P_O_B_o_x_3_8_0_8 ________ City: Oshkosh State: WI Zip: 54903-3808 Telephone #: ( 920 ) 420-2204 Email: jeffb@oshkoshfestivals.com Contact preference: □ Phone ~ Email Status of Petitioner (Please Check): ·~ Owner ~ Representative i?i Tenant ·, Prospective Buyer Petitioner's Signature (requ ir ed): ---~~~+e.i,,c~c+--=-::,;,-""---=3:....-=0'_~:....4-...::..:...: ____________ Date: 2/6/2024 OWNER INFORMATION owner(sJ : BLUE MOON HOLDINGS LLC & CROSSROADS USA Date : 2/6/2024 Owner(s) Address: _P_O_B_o_x_3_8_0_8 __________ City: Oshkosh State: WI Zip: 54903-3808 Telephone#: (920) 420-0177 Email: Ci nd YB@GabertProperties .com Contact preference: □ Phone C3 Email Ownership Status (Please Check): □ Individual □ Trust V'l'Par tnership ,.., Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that a ll meeting dates are tentative and may be postponed by the Planning Services Division for incomp le te submissions or other administrative reasons. /) . .- Pcoperty Ownec's s;gnatuce, ~g~ Date, 2/6/2024 TYPE OF REQUEST: □ General Development Plan (GDP) C3 Specific Implementation Plan (SIP) □ General Development Plan (GDP) Amendment □ Specific Implementation Plan (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: 4125 S . Washburn St, Oshkosh, WI 54904 Proposed Project Type: Event Site, temporary camp ing, 10 temporary events per year, each event not to exceed 8 days Estimated Cost: $309,000.00 ----------------------------------- Current Use of Property: Event site up until 2020 Zoning: SMU-PD Land Uses Surrounding Your Site: North: _S_M_U_-_P_D_w_it_h_H_w_y_4_1_o_v_e_rl_ay ______________ _ south: Undeveloped SMU-PD with Hwy 41 overlay East: 1-41 Commercial west: Agriculture I Event site up until 2020 ► It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. ► Application fees are due at time of submittal. Make check payable to City of Oshkosh. ► Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City's website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/ Sign ___ Staff ___ Date Rec'd __ _ Page 10 SUBMITTAL REQUIREMENTS -Must accompany the application to be complete. (Submit only digital files. If file size exceeds 10 mb, please send through a file transfer. Please note at the discretion of Community Development staff may request a hard copy) The following information must be provided in order for the application to be considered complete and able to be scheduled for Plan Commission Review. Please use the checklist below to determine the required information to be submitted at the time of application. If all information below cannot be provided at the time of application, please request a waiver in writing to the Division's Director or designee. □ A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy): □ General location map of the subject site depicting: • All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject property. • Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control. • A graphic scale and north arrow. o Generalized site plan showing the pattern or proposed land uses, including: • Genera l size, shape, and arrangement of lots and specific use areas. • Basic street pattern and pattern of internal drives. • General site grading plan showing preliminary road grades. • Basic storm drainage pattern, including proposed on-site stormwater detention. • General location of recreational and open space areas, including designation of any such areas to be classified as common open space. o Statistical data, including: • Minimum lot sizes in the development. • Approximate areas of all lots. • Density/intensity of various parts of the development. • Building coverage. • Landscaping surface area ratio of all land uses. • Expected staging. o Conceptual landscaping plan. o General signage plan. o General outline of property owners association, covenants, easements, and deed restrictions. o A written description of the proposed Planned Development, including: • General project themes and images. • The general mix of dwelling unit types and/or land uses. • Approximate residential densities and nonresidential intensities. • General treatment of natural features. • General relationship to nearby properties and public streets. • General relationship of the project to the Comprehensive Plan or other area plans. • Proposed exceptions from the requirements of the Zoning Ordinance and enhancements that will be provided to compensate for them. o Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee. □ A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy): o An existing conditions map of the subject site depicting the following: • All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject site. • Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control. • Existing utilities and recorded easements. • All lot dimensions of the subject site. • A graphic scale and a north arrow. o An SIP map of the proposed site showing at least the following: • All property lines and existing and proposed right-of-way lines with bearings and d imensions clearly labeled • All required and proposed building setback and offset lines • Impervious surface ratio (percentage) 2 Page 11 • All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls • Location of all outdoor storage and refuse disposal areas and the design and materials used for construction • Location and dimension of all on-site parking (and off-site parking provisions if they are to be utilized), including a summary of the number of parking stalls provided per the requirements of Section 30-17 5 City of Oshkosh Zoning Ordinance • Location and dimension of all loading and service areas on the subject property • Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan • Location of all exterior mechanical equipment and utilities and elevations of proposed sc reening devices where applicable (i .e. visib le from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HV AC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regu la tors, generators □ Proposed grading plan. □ Specific landscaping plan for the subject site, specifying the location, species, and installation size of plantings. The landscaping plans shall include a table summarizing all proposed species and required and provided landscaping points for all applicable landscaping components (building foundation, paved areas, street frontages, yards, bufferyards). □ Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings. The architectural plans shall include a percentage breakdown of exterior materials applied to each building fac;:ade. □ Conceptual Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and walkways. □ Signage plan for the project, including all project identification signs, concepts for public fixtures and signs, and group development signage themes that may or may not vary from City standards or common practices. □ Any other necessary information as determined during pre-submittal meeting with City staff. □ Specific written description of the proposed SIP including: • Specific project themes and images. • Specific mix of dwelling unit types and/or land uses. • Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and /or other appropriate measures of density and intensity. • Specific treatment of natural features, including parkland. • Specific relationship to nearby properties and public streets. • Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by Plan Commission. • A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant's opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project. • A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur and enhancements that will be provided to compensate for them. • Phasing schedule, if more than one development phase is intended. □ Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities. □ A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. Planning Staff may waive certain requirements if deemed not applicable to the project review. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant's Signature (required): Y#-f= 3&-~ Date: 02/06/2024 3 Page 12 1 CITY OF OSHKOSH PD APPLICATION – ADDITIONAL INFORMATION REQUESTED NARATIVES OF THE PROPOSED PROJECT Proposed use of the property: Oshkosh Festivals LLC proposes to use the property to produce permitted National Act Music and Camping Festivals events on the site beginning with XRoads41 on August 8-10, 2024. These festivals will be nationally recognized and national attractions drawing people in from all over the country and beyond. We look forward to hosting festivals starting at around 25,000 in daily attendance, 10,000 onsite parking capacity, and 2,200 campsites. Projecting future years daily attendance of 40,000+, 10,000+ onsite parking capacity, and in excess of 3,500 campsites. We will continue to use the property in the same fashion as described above for the foreseeable future. Specifically related to the property within the City of Oshkosh limits, this land will be used for temporary camping/parking during our planned events. Existing and proposed use of the property: For many years the property previously (up to 2019) was used for the same purpose that Oshkosh Festivals LLC intends property to be utilized. The property sat idle from 2019-2023. The previous Conditional Use Permit and Planned Development will generally be very similar to what was is being proposed/requested under this request. Identification of structures on the property and discussion of their relation to the project: The area of the property where the festival(s) will be held that is located within the City of Oshkosh consists of the main entrance and a portion of the campground and parking area. There are existing crushed rock and recycled asphalt roads, fencing, permanent lighting/electrical utility poles, a well and water outlets to facilitate the landscaped pond/fountain/waterfall by the main entrance. There is also signage at the main entrance and the grounds will have extensive wayfinding signage throughout the property. Projected number of residents, employees, and/or daily customers: XRoads41 is projecting a daily attendance range of approximately 15,000-40,000+ per day, and estimating up to another 1,500 employees, Vendors, and contracted Service Providers. Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre: The property located in the City of Oshkosh is about 63 acres which has camping and parking operations located within the acreage. There is a significant waterfall with a pond and landscaping at the entrance to the property where vehicles enter our festival grounds. There are currently no permanent structures on the property within the City of Oshkosh. Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.: The actual concert performance area is in the Town of Nekimi and we are under restrictions on hours of operation for amplified music with Winnebago County and the Town of Nekimi. As we are made aware of concerns involving noise pollution, we address them in the best way we are able. We have no control over the sound system for the national acts due to contract language. With today’s audio system technology, our Audio Engineers tune the site prior to the event, to determine the speaker placements and better control noise pollution. Much of the noise pollution traveling from our site has to do with wind speed and direction, which we have no control over. We will work closely with Law Enforcement Officials to address any issues that arise from our festivals. We make every attempt to deal with all complaints that may be reported. Page 13 2 Compatibility of the proposed use with adjacent and other properties in the area: Our permitted event(s) will bring a significant amount of tourism and tourists to the area annually who will patronize the local and regional businesses from Gas Stations, Convenience Stores, Restaurants, Retail Shopping to Hotels and more. Our permitted event(s) will ultimately become vacation destinations and the economic impact to the community and region will equal millions of dollars annually. Traffic generation: We will have a large influx of traffic to the community during the arrival and departure of our campers coming in for the week of the event(s), and those drive-up attendees the afternoon through evening hours of our event(s) due to the nationally renowned Artists that are playing on our stages. All of these will be informed via social media, e-mail, our website and when they get their tickets as to the best ways to enter and depart the property, as well as met with directional signage as they drive towards and ingress the site. We have engaged the services of a preeminent special event traffic engineering firm to develop a comprehensive traffic plan for each permitted event. We will have a designated Ride-Share Area as well. We will work closely with the Oshkosh Police Department, Oshkosh Public Works, City Planning, Winnebago County Sheriff as well as Officials at the Town of Nekimi to make our event as safe as possible for those attending. Any other information pertinent to adequate understanding of the intended use and it s relation to nearby properties: Oshkosh Festivals intends to promote additional events and uses of the entire festival grounds with significant financial investments to the property. Currently, two annual music festivals are being planned. They are: XRoads41 - A Country Leaning Music Festival: The inaugural annual event is scheduled for August 8-10, 2024. Campground will open one (1) day prior to the event on August 7 and close one (1) day after the event on August 11, 2024. All future dates will be the first weekend following the first Wednesday in August. XRoads41 - Genre TBD Music Festival: Beginning 2025, this 2nd inaugural annual event is scheduled August 14-16, one (1) week after the above event. Campground will open one (1) day prior to the event and close one (1) day after the event. Updated Perimeter Fencing: We are planning to replace much of the existing 6ft galvanized chain link fencing with new 6ft high Black chain link fencing. New fencing will be added along the navigable stream. Refer to the included site plan for new and updated fencing. On-Premises Signs: Two (2) new on-premises signs are being requested per the included specification document and PD application. One sign will be an approximately 400 sq. ft. digital sign board while the other is an approximately 400 sq. ft. static display sign board with external illumination. We are also requesting temporary signage and displays along the perimeter fence along S. Washburn St, as well as around the festival ground entrance and waterfall, to be displayed during events. Requested Base Standard Modifications: An exception is requested to allow for parking on grass, like the previous use. Page 14 3 PD - Base Standard Modifications 1. Prohibited land use: Temporary Campground 30-52: (SMU) Suburban Mixed Use Zoning District – Campgrounds are not a permitted or conditional use. • Requested modification to use the site for campground and grass parking during events. This request is consistent with previous use under previous CUP. Up to 10 events, each lasting up to 8 days, are requested. 2. Code-compliant parking stalls not provided for Campground 30-78(P)(3) Minimum required parking: Two spaces per campsite – designated parking stalls are not indicated on the site plan for the campsites. • Requested modification to allow temporary event camping during events. Typical camping location sizes are approximately 20ft x 40ft with one vehicle and one camping unit allowed per site. With the nature of the temporary events (only used a fraction of the year), permanently defining and designating the camping/parking area is not practical as layouts may change from event to event based on event needs. Additionally, the land will still be used for agriculture (ex. hay crops) outside of the temporary events. This request is consistent with previous use under previous CUP. 3. Non-compliant surface for parking areas and drive lanes (gravel) 30-175(S)(1) does not meet hard surface requirement for parking/drive lanes. • Requested modification to allow continued use of existing parking and drive lanes. With the limited, temporary use planned, paving the parking and drive lanes is not practical. These areas will only be used a fraction of the year, further supporting the continued use of the current parking and drive lane surface materials (crushed stone & grass). Additionally, planned grass drive lanes and parking areas will continues to be used for agriculture outside of events, This request is consistent with previous use under previous CUP. 4. Parking areas not compliant with off-street parking requirements 30-175(M) (4) Marking. Parking stalls will not be striped per code. (5) Curbing. A minimum 6-inch-high curb not provided (7) Lighting. Parking/drive areas not provided with 0.4 fc lighting levels • Requested modification to use property for off-street grass/gravel parking. With the limited temporary use, hard surface requirements are not practical. These areas will have limited use for only a fraction of the year (i.e. temporary use). Outside of events, grass areas will continue to be used for agriculture use. This request is consistent with previous use under previous CUP. 5. EMC exceeding maximum size 30-290b Exceeding maximum EMC size of 100 sq. ft. for SMU district Page 15 4 • Requested modification to allow one (1) EMC up to 400 sq. ft. per the attached specifications from Appleton Sign Company (pending). • Additional information: Oshkosh Festivals is also requesting permitting/approval for one (1) 400 sq. ft. sign per the attached specifications from Appleton Sign Company. • In compensation for the above request, we (Oshkosh Festivals, LLC) are requesting only two new signs instead of the three possible for this property (three (3) parcels). 6. Pedestrian/bicycle access not provided 30-173(B) A pedestrian/bicycle access is not provided to the right-of-way. • Pedestrian and bike lane access to the right-of-way is not provided to maintain the safety of all participants. We want to avoid and discourage all pedestrian & bike traffic due to the anticipated high vehicle traffic. With the nature of the temporary events requested, these event grounds will only see people and traffic a fraction of the year. 7. Paved area landscaping not provided 30-253(B)(1) Required paved area landscaping not provided. • Paved area landscaping is not being provided, as it is not conducive to the high traffic expected and could hinder emergency access within the property. These areas will have limited event use for only a fraction of the year (i.e. temporary use). Outside of events, grass areas will continue to be used for agriculture use. 8. Street frontage landscaping not provided 30-253(C)(1) Required street frontage landscaping not provided. • The nature of the number of vehicles anticipated, street frontage landscaping could potentially provide a hazard, especially in the case of an emergency or access by emergency vehicles. These street frontage and event grounds will have limited event use for only a fraction of the year (i.e. temporary use). Outside of events, grass areas will continue to be used for agriculture use. 9. Temporary signage exceeding maximum size and maximum height 30-290(c) exceeding maximum allowed size of 32 sq. ft. and exceeding maximum height of 8 ft. • Requested modification to allow for additional temporary signage used only during the event periods. We have approximately 2375 ft. of frontage along S Washburn St. We are requesting allowance for 1800 sq. ft. of temporary signs, only during event periods, with up to 800 sq. ft. of temporary signage above 8 ft and up to a maximum height of 20 ft. Signs are temporary, but important for the type of events we plan to have. This would allow for a possible larger sign area at, around, and above our vehicle entrance way to greet event patrons as well as event sponsors. These signs will be critical to our events and our strategic sponsors. Efforts will be made, when possible, to have temporary signage face inward. REQUESTED SITE MAP(S)/DRAWINGS 1. Overall Detailed Site Map – See Attachment ”2024 02 07_Xroads41_AS100 - PROPOSED SITE PLAN.pdf” Page 16 5 2. Winnebago County GIS Maps – See Attachment “OshkoshFestivals_GIS_Map_2023-12- 21.jpg” CONTACT INFORMATION OF PETITIONERS: Petitioner: Oshkosh Festivals LLC Jeffrey Borgen, Managing Member PO Box 3808 Oshkosh WI 54904 (920) 420-2204 jeffb@oshksohfestivals.com Other LLC Members include: Cindy Gabert Borgen - cindyb@gabertproperties.com Tom Rusch - trusch@ndsupernet.com Tim Rusch - ruschhomes@gmail.com Becki Wesenberg - wesenbergr@firstweber.com (Chet Wesenberg - chet@wesenberg.co) Page 17 x xx x x x x x x x x x x x x x x x x xxxx x x x x x x x xx x x x x x x x x x x x x x x x x x xxxxxx x x x x x x x x x x x x x x x x x xx x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xxxxxxxxxxxx x x x x x x x x x x xx x x x x x x x x x x x x x x x x x x x x x x x x x xx x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xx x x xxx x x x x x x x x x x x x x xx x x x x x x x x x x x xxxx x x x x x x x x x x x x x x x x x x x xxxxxxxxxxxxxxxxxxxxxxxxx x xxxxxxxxxxxxxxxxxxxxxxxxx x xx x xxxxxxxxxxxxxxxxxxxxxxxxxxx x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xxxxxxxxxx x x x x x xxx x xxxx x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xxx x x x x x x x x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx x xxxxxxxx xxx xxxxxxxxxxxx x xx x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xxx NNNN 400'200'0' 100' 1 INCH = 200 FEET EXISTING PAVILION G-2 G-1 G-3 G-4 G-5 G-6 G-7 G-8 G-9 G-10 G-11 G-12 G-13 G-14 G-18 G-17 G-20 G-19 G-16 G-21 G-22 G-23 G-24 G-25 G-26 G-27 G-28 G-15 MAIN ENTRY EMERGENCY & AUXILIARY ENTRANCE CA M P I N G EN T R Y VI P EN T R Y PR O D U C T I O N EN T R Y VI P EN T R Y VI P EN T R Y W F E W W W W W W WW W W F F F F F F E E E E E E E F F F E TE N T T E N TTENT TENT EXISTING NEW T E N TTENT TENT T E N T B L E A C H E R S B L E A C H E R S STAGE PROPOSED 400 SF PYLON SIGN PROPOSED 400 SF STATIC PYLON SIGN SOUTH WASHBURN STREET WEST RIPPLE AVENUE CITY OF OSHKOSH TOWN OF NEKIMI CITY OF OSHKOSH TOWN OF NEKIMI LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING LAWN PARKING 10' SIDE YARD SETBACK 25' FRONT YARD SETBACK LAWN PARKING 25' FRONT YARD SETBACK US HWY 41 REPAIR EXISTING FENCE REPAIR EXISTING FENCE REPAIR EXISTING FENCE 0120166 0120163 012016201 0120162 0120165 0120164 012016101 0120161 0120172 0120171 0120159 0120158 91367490000 91367480000 91367000000 91309141000 91367500000 10' SIDE YARD SETBACK 10' SIDE YARD SETBACK EXISTING MONUMENT SIGN 20 ' T Y P . 20 ' T Y P . 80 ' T Y P . CAMPING SITES EMERGENCY & AUXILIARY ENTRANCE ENTRY / ACCESS GATE SCHEDULE G-1 MAIN ENTRY - NO GATE MARK DESCRIPTIONSIZE N.A. G-2 DOUBLE SWINGING24' G-3 DOUBLE SWINGING24' G-4 CAMPING ENTRY - NO GATEN.A. G-5 PARKING ENTRY - NO GATE G-6 G-7 G-8 G-9 SINGLE SWINGING GATE16' G-10 G-12 24' G-11 24' G-13 CANTILEVER / ROLLING GATE16' G-14 16' G-15 24' G-16 G-17 G-18 G-19 G-20 G-21 4' G-22 4' G-23 G-24 G-25 G-26 G-27 G-28 36' N.A. N.A. N.A. N.A. PARKING ENTRY - NO GATE PARKING ENTRY - NO GATE PARKING ENTRY - NO GATE SINGLE SWINGING GATE16' DOUBLE SWINGING GATE DOUBLE SWINGING GATE CANTILEVER / ROLLING GATE CANTILEVER / ROLLING GATE 24' 24' 24' DOUBLE SWINGING GATE DOUBLE SWINGING GATE DOUBLE SWINGING GATE 24' 16' CANTILEVER / ROLLING GATE CANTILEVER / ROLLING GATE SINGLE SWINGING GATE SINGLE SWINGING GATE 24' 24' 24' CANTILEVER / ROLLING GATE DOUBLE SWINGING GATE DOUBLE SWINGING GATE 24' 24' CANTILEVER / ROLLING GATE CANTILEVER / ROLLING GATE CANTILEVER / ROLLING GATE GRAPHIC KEY PROPOSED NEW 6' BLACK FENCE PROPOSED ENTRY / ACCESS GATE G-# EXISTING GRAVEL PROPOSED DRIVE LANES IDENTIFIED WETLAND PROPOSED 6' BLACK FENCE (TO REPLACE EXISTING FENCE) IS S U E D A T E : PR O J E C T N U M B E R Th i s d e s i g n d r a w i n g a n d d e t a i l i s t h e c o p y r i g h t e d p ro p e r t y of W E S E N B E R G A R C H I T E C T S . 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RE V I S I O N S : SH E E T N U M B E R Proposed Building for:© W e s e n b e r g A r c h i t e c t s PR I N T E D : SE T T Y P E : FO R P R O P E R IN T E R P R E T A T I O N , T H E S E DR A W I N G S S H A L L B E P R I N T E D IN C O L O R 2/7/2024 3:10:45 PM G:\Shared drives\CWA Projects_Current\0000 Revit Content\WA_Local User Revit Files\Michael\2023 10 05_Oshkosh Festival Grounds_Survey Model_michaelAQGS8.rvt AS 1 0 0 OSHKOSH FESTIVALS, LLC XRoads41 Fe b r u a r y 7 , 2 0 2 4 23 2 6 OSHKOSH, WI PR O P O S E D S I T E PL A N CU P S I T E S U B M I T T A L NO. DESCRIPTION DATE Page 18 PD AMENDMENT FOUR PROPERTIES ON SOUTH WASHBURN STREET PC: 2-20-2024 BLUE MOON HOLDINGS LLC CROSSROADS USA LL PO BOX 3808 OSHKOSH WI 54903 ALRO STEEL CORP PO BOX 927 JACKSON MI 49204 LG DEVELOPMENT CORP 3100 E HIGH ST JACKSON MI 49203 CASTLE ROCK LAND CO LLC ET 3807 STATE ROAD 21 A OSHKOSH WI 54904 FRHP 6 LLC 250 PARKWAY DR STE 270 LINCOLNSHIRE IL 60069 OSHVEGAS PALMS RESORT LLC 1077 MEADOW LN FOND DU LAC WI 54935 JSC ACRES LLC C/O TRUDY JONES 3131 ELK RIDGE DR UNIT F OSHKOSH WI 54904 CLADDAGH HOLDINGS LLC ETA 1227 HAZEL ST OSHKOSH WI 54901 TOWN OF NEKIMI 3790 PICKETT RD OSHKOSH WI 54904 EAA AVIATION CENTER 3000 POBEREZNY RD OSHKOSH WI 54903 Page 19 12TH EAA ST 2ND EAA ST 3RD EAA ST 5TH EAA ST ACEREAA AVACEREAA AV BIRCHEAA AV 11TH EAA ST W RIPPLE AVW RIPPLE AV S WASHBURN ST POBEREZNY RD !"#$41 !"#$41 Oshkosh Oshkosh City City Limit Limit O s h k o s h C i t y L i m i tOshkosh C i t y L i m i t Oshkosh City Limit Oshkosh City Limit J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/26/2024 1 in = 420 ft 1 in = 0.08 mi¯4125 S WASHBURN STREET:Parce ls 1309141000, 1367000000,1367490000, & 1367500000 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 20 12TH EAA ST 12TH EAA ST 10TH EAA ST 10TH EAA ST AARR BB OO RR EEAA AA AA VV 11TH EAA ST 11TH EAA ST BI RC HBIRCHEAA AVEAA AVBBIIRRCCHH EE AA AA AA VV 5TH 5TH EAA ST EAA ST3RD EAA ST 3RD EAA ST 22 77 TT HH EE AA AA SS TT 8TH EAA ST 8TH EAA ST 19TH EAA ST 19TH EAA ST 10TH 10TH EAA ST EAA ST 28TH 28TH EAA ST EAA ST 3RD EAA ST 3RD EAA ST 5TH EAA ST 5TH EAA ST 15TH EAA ST 15TH EAA ST 17TH EAA ST 17TH EAA ST SS UUNNRRIISSEE EE AAAADDRR 19TH 19TH EAA ST EAA ST STITS RD STITS RD 22 22 NN DD EE AA AA SS TT 22 33 RR DD EE AA AA SS TT 22 44 TT HH EE AA AA SS TT 22 55 TT HH EE AA AA SS TT 22 66 TT HH EE AA AA SS TT SS UU N N SS EE TT EEAA AA D D RR 27TH 27TH EAA ST EAA ST 28TH EAA ST 28TH EAA ST 2ND EAA ST 2ND EAA ST W RIPPLE AV WAUPUN RD W RIPPLE AV S WASHBURN ST P O B E R E Z N Y R D POBEREZNY RD !"#$41 !"#$41 Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit I-PD MR-12 SMU SMU-PD SMU-PD UI-PD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/26/2024 1 in = 900 ft 1 in = 0.17 mi¯4125 S WASHBURN STREET:Parce ls 1309141000, 1367000000,1367490000, & 1367500000 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 21 3RD EAA ST 5TH EAA ST W RIPPLE AV S WASHBURN ST POBEREZNY RD W RIPPLE AV !"#$41 !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/26/2024 1 in = 400 ft 1 in = 0.08 mi¯4125 S WASHBURN STREET:Parce ls 1309141000, 1367000000,1367490000, & 1367500000 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 22 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Res 24-102 Approve 2024 Downtown Business Improvement District Operation Plan and Budget Amendment (Business Improvement District Board Recommends Approval) B A C KGRO UN DBACKGROUND Council approved the 2024 Business Improvement District (BID) Operating Plan and Budget in late 2024. Per State Statute, the City Council must approve the BID's Operating Plan and Budget as submitted by the BID Board. This also includes any Operating Plan and Budget amendments that the BID Board may vote on throughout the year. The BID assesses itself and receives revenue throughout the year from events and sponsorships that donate funds towards events. The City Council approved a budget of $235,455 for 2024. A N A L Y SI SANALYSIS The BID is requesting a $50,000 amendment to their 2024 Operating Plan and Budget to include funding for an additional staff member. The BID Board approved this amendment at their January 16, 2024 BID Board meeting. The BID Board intends to use $50,000 of their fund balance to pay for the new position. The BID Board also indicated that they intend to seek additional sponsorships and have larger events so they can increase the revenue and apply it back to the fund balance. Below is a breakdown of the funding sources: Approved 2024 Operating Plan and Budget Proposed 2024 Operating Plan and Budget Amendment 2024 BID Assessment $140,610 $140,610 Sponsorship Revenue $60,845 $60,845 Event Income $34,000 $34,000 Fund Balance Contribution $0 $50,000 $235,455$235,455 $285,455$285,455 FI SC A L I M P A CTFISCAL I M P A C T The BID intends to use $50,000 of their fund balance (approximately $83,000 that has been undesignated) to fund the new position. The BID has also applied for ARPA funding to possibly support this position. In any event, the BID will need to develop a funding strategy to fund this position for the long term, either through sponsorships or some other funding source. REC O M M E N D A TI ONRECOMMENDATION Council approves a $50,000.00 budget amendment to the 2024 Business Improvement District Operating Plan and Budget. A t t a chment sAttachments Res 24-102 Amended 2024 BID Operating Plan and Budget 2/27/2024 24-102 RESOLUTION PURPOSE: APPROVE 2024 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT OPERATION PLAN AND BUDGET AMENDMENT INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT BID BOARD RECOMMENDATION: Approved NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Downtown Oshkosh Business Improvement District 2024 Budget is amended in the amount of $50,000.00 be allocated from Account Number 0209-1030-3460 to the following Account Number 0209-1030-6412. DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT AMENDED 2024 OPERATING PLAN BID Board Approved: November 21, 2023 Common Council Approved: November 28, 2023 BID Board Amendment Approved: January 20, 2024 Common Council Amendment Approved: TABLE OF CONTENTS DOWNTOWN OSHKOSH BID DISTRICT BOUNDARIES .............................................................. 1 INTRODUCTION ..................................................................................................................... 2 THE BID LAW ......................................................................................................................... 2 2024 OPERATING PLAN AND ASSESSMENT ............................................................................. 3 PROGRAM CATEGORIES…………………………………………………………………………………………………………3 ORGANIZATION ..................................................................................................................... 6 RELATIONSHIP TO DOWNTOWN PLANNING ........................................................................... 7 DOWNTOWN OSHKOSH BID ASSESSMENT METHOD .............................................................. 8 APPENDIX A - BUDGET ……………………………………………………………………………………………………………9 APPENDIX B - ASSESSMENT ROLL ......................................................................................... 10 APPENDIX C - WISCONSIN STATUTES, SECTION 66.1109 ....................................................... 12 APPENDIX D - LEGAL OPINION ............................................................................................. 14 APPENDIX E - DOWNTOWN OSHKOSH BID BOARD ROSTER .................................................. 15 Downtown Oshkosh Business Improvement District Boundaries In general, the boundaries of the Downtown Oshkosh Business Improvement District are the Fox River on the south, Division St. on the west, Parkway Ave. on the north and Jefferson St./State St. on the east. INTRODUCTION In 1980, the Common Council adopted the Downtown Redevelopment Plan and Implementation Strategy. The Plan recommended increasing organizational efforts between the public and private sectors as well as establishing a voluntary special assessment district. A follow-up study, Planning Report - Central City Oshkosh, approved by the Common Council in 1987, expanded various elements of the previous plan and in particular recommended the creation of a management vehicle and funding base to serve the downtown area. The management tool recommended was a Business Improvement District. The Downtown Oshkosh Business Improvement District (BID) is an essential entity to the Central Business District of Oshkosh. The BID, created in 1987, has maintained its initial premise to retain available free parking in the downtown, as well as proactively support revitalization efforts. Through the BID, property owners assess themselves to pay for activities to enhance and improve the downtown and to bring customers to the area. The downtown continues to change as the mix of residential, commercial and professional occupants fill the district. The BID welcomes these changes as opportunities to continue economic development in our central city. BID LAW On April 6, 1984, the State of Wisconsin passed a law (Act 184), which allows for the creation of Business Improvement Districts. The law authorizes cities, villages and towns to create one or more business improvement districts to allow businesses within those districts to develop, manage, maintain and promote their districts and to establish an assessment method to fund these activities. A BID must be a geographic area within a municipality consisting of contiguous parcels that are subject to real estate taxes. The formation of a Business Improvement District allows downtown business people, property owners, merchants, City officials and others to work together to determine what needs to be done to upgrade and strengthen the downtown and to pay the cost of those efforts, in whole or in part. It is a way for downtown stakeholders to decide what they want and to finance it. A BID is the best available method for business people to organize, coordinate marketing and promotion efforts, provide management and maintenance programs and encourage business development. It affords property owners and business people a viable role in directing those affairs within the district. It also ensures that all beneficiaries of District programs participate in the funding of the programs. Appendix C is a copy of the Wisconsin Statutes Section 66.1109, regarding business improvement districts. DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2024 OPERATING PLAN AND ASSESSMENT The Downtown Oshkosh BID has established allocations for the 2024 Operating Plan for each program category after reviewing previously supported activities and soliciting proposals for events. All costs related to the program categories listed below will be incurred in the calendar year 2024. The Downtown Oshkosh Business Improvement District Board will carry out the proposed program of activities listed below and as shown on the Budget in Appendix A of this Plan. The budget is separated into the following categories; Leadership, Recruitment/Retention/Mural Grants, Events, Advertising, Gift Card Program, MemberCO, Beautification, Storage Unit and Reserves/Capital Improvements. The BID will assess itself $140,610.00 in 2024. PROGRAM CATEGORIES Leadership $128,000 Oshkosh Convention and Visitors Bureau Service Contract (Staff & Benefits) $122,000 The BID contracts with the Oshkosh Convention and Visitors Bureau for the services of the BID Manager and Events & Marketing Coordinator who are full-time employees of the BID. Expenses from this line item also include postage, employment benefits and other payroll/salary related expenses. Website Maintenance & Office Supplies $5,000 Expenses from this line item will cover any costs associated with the downtownoshkosh.com website. This line item will also cover any needed office supply costs such as (but not limited to) envelopes, business cards, folders, etc. Training $1,000 $1,000 of BID funds will be dedicated to training so BID staff can attend conferences, training seminars and experience other learning opportunities. Grant Programs $20,000 Money to be disbursed based on approved applications submitted; grant amounts vary based on requested/approved grant amounts Recruitment Fund Grant The Recruitment Fund Grant is offered as an incentive tool to recruit small businesses to fill vacant spaces and energize the downtown. This grant can be used for leasehold improvements, signage, fixtures and inventory/equipment. Recruitment print materials are also taken from this line item. Beautification Grant Program The Beautification Grant Program was created to provide funds to businesses and/or property owners within the BID to assist with exterior building improvements including but not limited to facades, windows, doors and signage. The purpose of this grant is to improve the business climate in Downtown Oshkosh, enhance the quality of life and to encourage the development and maintenance of the buildings within the Business Improvement District. Beautification print materials are also taken from this line item. Mural Grant Program The Mural Grant Program was established to provide funds to property owners/artists within the BID to encourage exterior artwork that contributes to the beautification and economic vitality of the Downtown Oshkosh BID. Events $54,000 Waterfest $2,500 Waterfest is a summer concert series that occurs on Thursday nights at the Leach Amphitheater, brought to the community by the Oshkosh Chamber of Commerce. The event brings a significant number of visitors to the downtown area, many of whom patronize downtown businesses before and after the event. Wine Walk $10,000 This is a BID event that happens two times throughout the year. The purpose of this event is to have attendees shop & explore Downtown Oshkosh while enjoying samples of wine within each participating business. Holiday $15,000 Previously ran for many years by the Oshkosh Chamber of Commerce, the BID continues the tradition of holding a nighttime parade in Downtown Oshkosh in the month of November. This is a great community event that brings thousands of people to the downtown area. The BID also will hold ‘Reindeer in the Square’ that includes live reindeer, music and other activities. Farmers Market $5,000 With over 140 vendors every Saturday morning, the Downtown Market brings the Oshkosh community fresh, in-season produce, meats, flowers, hand-crafted items and more. It is a major attraction that brings thousands of people downtown each week. This event takes place every Saturday from 8:00am-12:30pm on the 400 and 500 blocks of N Main Street and 100 block of Church Avenue. Music Programming $15,000 In an effort to create more programming and general activity downtown, the BID will host music in Opera House Square to promote local musicians, draw people downtown and create a fun, family-friendly weekly activity for the community. Downtown Chalk Walk $4,000 2024 will be the 11th annual Chalk Walk event in Downtown Oshkosh. Downtown Events $2,500 An additional $2,500 has been budgeted for new and other miscellaneous downtown events and activities throughout 2024. Advertising $15,000 The Advertising budget and will be used to promote and market Downtown Oshkosh throughout 2024 through a variety of different outlets including social media, newspaper advertisements, print advertising and more. Gift Card Program $1,000 Funds used to support the ACH pooling account, including the monthly fee of the program and transaction fees. MemberCO $2,000 Chocolate Stroll $500 Funds will cover the cost of expenses for MemberCO’s annual Chocolate Stroll event. Spring Shopping Event $1000 Funds will cover the cost of expenses for MemberCO’s annual Cottontails & Cocktails event or an equivalent event. Holiday Event/Activities $500 Funds will cover the cost of expenses for MemberCO’s annual holiday scavenger hunt and festivities. Arts & Beautification $33,000 Monthly Maintenance $10,000 The Downtown BID maintains many different beautification efforts throughout the downtown area from seasonal banners and tree lightings to murals and garbage cleanup. $10,000 will be dedicated to ensuring the various efforts can be maintained throughout the year. Seasonal Plantings $20,000 These funds will be used for flowers for the BID’s 104 flower pots and 20+ bump outs as well as holiday greens and decor for the pots in the winter months. Seagull Mitigation Project $3,000 The BID contracts with the U.S. Department of Agriculture’s Wildlife Services team for the removal of seagull eggs and nests throughout the downtown area. This is a multi-year process and the $3,000 will be designated for the 2024 contract with the USDA. Storage Unit $1,610 This line item is to cover the rental cost of the BID’s storage unit. The storage unit is needed to store event materials and holiday décor. Vibrant Spaces $30,845 In 2023, the City of Oshkosh applied for and received the WEDC Vibrant Spaces Grant that will cover up to half of the project cost of the Algoma Alley Project. The total grant amount awarded was $30,845. The project will be completed by 2025. Sponsorships and Income $94,845 Music Programming - $10,000 Multiple sponsorships Wine Walks - $25,000 Sponsorships, participation fees and event income Holiday - $15,000 Sponsorships and participation fees Chalk Walk - $5,000 Sponsorships and participation fees Vibrant Spaces - $30,845 Sponsorship Chocolate Stroll - $5,500 Sponsorships and event income Spring - $3,500 Sponsorships and event income Additional Staff - $50,000 These funds are to be transferred from BID Reserves. Reserves/Capital Improvements These funds have been set aside by the Board for projects and programs to support BID businesses. Any unspent funds from 2024 will be transferred into this account, unless otherwise mentioned as a rollover or transfer into a different line item. ORGANIZATION Pursuant to Section 66.1109(3), Wisconsin Statutes, a Downtown Business Improvement District Board has been appointed by the Mayor and confirmed by the Common Council. The Board is comprised of thirteen (13) members and two (2) alternate members representing the following interests: The Mayor may also appoint two non-voting youth members. 3 Owner/Non-Occupant 5 Non-Owner/Occupant 5 Owner/Occupant 2 Alternates By-Laws Amended March 19, 2019 The distribution of non-occupant owners and owners/occupants may vary from time to time, as members are reappointed or as new members join the Board. Per section 66.1109 (3a), Wisconsin Statutes, a majority of the board members shall own or occupy real property in the Business Improvement District. Nonresidents of the City of Oshkosh are permitted as members of the Downtown Oshkosh Business Improvement District Board. Other membership requirements may apply per the “By-Laws of the Downtown Oshkosh Business Improvement District” (dated December 19, 1989, amended June 15, 2004, April 19, 2011, April 18, 2017 October 16, 2018 and March 19, 2019). In addition, Board members represent different areas within the District, including large and small businesses. As a City entity, the Board will conduct its affairs under the open meetings law and public record requirements. The Director of Community Development or designee serves as the Secretary of the Board. Board meetings are held the third Tuesday of the month, starting at 8:00am, at Oshkosh City Hall or other venue within the BID. A roster of the 2024 BID Board members is included as Appendix E. The Board is responsible for the management of the Business Improvement District. Responsibilities of the Board include implementing the Operating Plan and preparing annual reports on the District. The Board will also annually consider and make changes to the Operating Plan and submit the Operating Plan and Budget to the Common Council for approval. RELATIONSHIP TO DOWNTOWN PLANNING Creation of the Business Improvement District promotes the orderly development of the municipality by implementing recommendations of the City Comprehensive Plan, Downtown Action Plan and Imagine Oshkosh that contain various elements related to downtown design and development with prominent focus on beautification in BID areas as well as the promotion of downtown tourism. In 2000, the Common Council adopted the Downtown Action Plan, which contains various elements related to downtown design and development with prominent focus on redevelopment and beautification in BID areas. In November of 2017, the Common Council adopted Imagine Oshkosh, A Master Plan for our Center City. Imagine Oshkosh is an update and expansion to the Downtown Action Plan and serves as a policy guide and action framework for the center city which includes the BID. The Downtown Oshkosh Business Improvement District is consistent with and critical to the continued successful implementation of these downtown plans. The BID enables the private sector to undertake promotion, management, marketing and other programs essential to a prosperous downtown. DOWNTOWN OSHKOSH BID ASSESSMENT METHOD The Downtown Oshkosh Business Improvement District special assessment method utilizes assessed value information and property street footage data, both of which are available from the City Assessor's Office. As the absolute values of assessed value and footage cannot be combined, the values are calculated as a percentage of the total assessed value and a percentage of the street footage. The two percentages are added together, then divided by 200 percent, which results in a proportionate value of the total district. In 2019, the BID increased the minimum special assessment from $400.00 to $420.00 and the maximum special assessment from $8,000.00 to $8,400.00, representing a 5% increase. The 2024 minimum and maximum assessments will not be increased, staying at $420.00 & $8,400.00, respectively. Properties with a proportionate value between 0.0000% and 0.2486% are assessed the minimum special assessment of $420.00. Properties with a proportionate value greater than 5.7100% are assessed the maximum special assessment of $8,400.00. For properties with a proportionate value between 0.2487% and 5.7099% - The property’s proportionate value is multiplied by $1,633.5862, resulting in the special assessment for the property. Example: 101 Algoma Boulevard has a Proportionate Value of 0.330955%. When multiplied by $1,633.5862, the special assessment is $540.64. (0.330955% x $1,633.5862= $540.64) The raw data, assessment calculations and proposed District assessment for each property in the Downtown Oshkosh Business Improvement District are presented in Appendix B. The data for the assessment method have been obtained from the files of the City Assessor and are subject to final tabulation by the City. To account for street front footages, the frontage of the property’s primary address as identified by the City Assessor is used. Properties with more than one street frontage are not combined. Only property used for commercial and manufacturing purposes, including real property used exclusively for manufacturing purposes, in the District will be assessed. Real property used exclusively for residential (single and two-family) purposes will not be assessed. APPENDIX A: 2024 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BUDGET REVENUE - 2024 BID ASSESSMENT $ 140,610 REVENUE - SPONSORSHIPS $ 60,845 REVENUE - EVENT INCOME TRANSFER FROM RESERVES $ 34,000 $. 50,000 EXPENSES $ 285,455 Leadership Breakdown Total $ 128,000 Oshkosh CVB Service Contract (BID Staff) $ 122,000 Website Maintenance/Office Supplies $ 5,000 Training $ 1,000 $ 78,000 Recruitment & Beautification Grant Programs $ 20,000 Events Waterfest $ 2,500 $ 54,000 Music Programming $ 15,000 Wine Walks $ 10,000 Holiday Parade $ 15,000 Farmers Market $ 5,000 Chalk Walk $ 4,000 Downtown Events $ 2,500 $ 54,000 Vibrant Spaces Grant $ 30,845 Advertising $ 15,000 Gift Card Program $ 1,000 MemberCO Holiday $ 500 $ 2,000 Spring $ 1,000 Chocolate Stroll $ 500 $ 2,000 Arts and Beautification Monthly Maintenance $ 10,000 $ 33,000 Holiday/Seasonal Plantings $ 20,000 Seagull Mitigation Project $ 3,000 $ 33,000 Storage Unit $ 1,610 Reserves/Capital Improvements $ 285,455 Approximately $83,000 on January 1, 2024 APPENDIX C 66.1109 Business improvement districts. (1) In this section: 66.1109(1)(a)(a) “Board" means a business improvement district board appointed under sub. (3) (a). (b) “Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights-of-way, rivers, or highways continuously bounded by the parcels on at least one side, and shall include parcels that are contiguous to the district but that were not included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were determined and such parcels became taxable after the original or amended boundaries of the district were determined. (c) “Chief executive officer" means a mayor, city manager, village president or town chairperson. (d) “Local legislative body" means a common council, village board of trustees or town board of supervisors. (e) “Municipality" means a city, village or town. (f) “Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement district, including all of the following: 1. The special assessment method applicable to the business improvement district. 1m. Whether real property used exclusively for manufacturing purposes will be specially assessed. 2. The kind, number and location of all proposed expenditures within the business improvement district. 3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improvement district promotes the orderly development of the municipality, including its relationship to any municipal master plan. 5. A legal opinion that subds. 1. to 4. have been complied with. (g) “Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of the local legislative body. (2) A municipality may create a business improvement district and adopt its operating plan if all of the following are met: (a) An owner of real property used for commercial purposes and located in the proposed business improvement district designated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan. (c) At least 30 days before creation of the business improvement district and adoption of its initial operating plan by the municipality, the planning commission has held a public hearing on its proposed business improvement district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed business improvement district shall be sent by certified mail to all owners of real property within the proposed business improvement district. The notice shall state the boundaries of the proposed business improvement district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request. (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40 percent of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40 percent of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed business improvement district or its proposed initial operating plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (2m) A municipality may annex territory to an existing business improvement district if all of the following are met: (a) An owner of real property used for commercial purposes and located in the territory proposed to be annexed has petitioned the municipality for annexation. (b) The planning commission has approved the annexation. (c) At least 30 days before annexation of the territory, the planning commission has held a public hearing on the proposed annexation. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of a detail map showing the boundaries of the territory proposed to be annexed to the business improvement district shall be sent by certified mail to all owners of real property within the territory proposed to be annexed. The notice shall state the boundaries of the territory proposed to be annexed. (d) Within 30 days after the hearing under par. (c), the owners of property in the territory to be annexed that would be assessed under the operating plan having a valuation equal to more than 40 percent of the valuation of all property in the territory to be annexed that would be assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property in the territory to be annexed that would be assessed under the operating plan having an assessed valuation equal to more than 40 percent of the assessed valuation of all property in the territory to be annexed that would be assessed under the operating plan, have not filed a petition with the planning commission protesting the annexation. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the business improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the business improvement district shall be approved by the local legislative body. (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include one of the following: 1. If the cash balance in the segregated account described under sub. (4) equaled or exceeded $300,000 at any time during the period covered by the report, the municipality shall obtain an independent certified audit of the implementation of the operating plan. 2. If the cash balance in the segregated account described under sub. (4) was less than $300,000 at all times during the period covered by the report, the municipality shall obtain a reviewed financial statement for the most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public accountant. (cg) For calendar years beginning after December 31, 2018, the dollar amount at which a municipality is required to obtain an independent certified audit under par. (c) 1. and the dollar amount at which a municipality is required to obtain a reviewed financial statement under par. (c) 2. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2017, as determined by the federal department of labor. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. (cr) The municipality shall obtain an additional independent certified audit of the implementation of the operating plan upon termination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract. (4) All special assessments received from a business improvement district and all other appropriations by the municipality or other moneys received for the benefit of the business improvement district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits and reviewed financial statements required under sub. (3) (c), or on order of the board for the purpose of implementing the operating plan. On termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the account shall be disbursed to the owners of specially assessed property in the business improvement district, in the same proportion as the last collected special assessment. (4g) A municipality may convert a business improvement district under this section into a neighborhood improvement district under s. 66.1110 if an owner of real property that is subject to general real estate taxes, that is used exclusively for residential purposes, and that is located in the business improvement district petitions the municipality for the conversion. If the municipality approves the petition, the board shall consider and may make changes to the operating plan under s. 66.1110 (4) (b). (4m) A municipality shall terminate a business improvement district if the owners of property assessed under the operating plan having a valuation equal to more than 50 percent of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50 percent of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the business improvement district, subject to all of the following conditions: (a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the operating plan for the business improvement district. (b) On and after the date a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until the expiration of 30 days after the date of hearing under par. (c) and unless the business improvement district is not terminated under par. (e). (c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and shall indicate that copies of the operating plan are available from the planning commission on request. (d) Within 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district. (e) If after the expiration of 30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d), and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more than 50 percent of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50 percent of the assessed valuation of all property assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating plan expires. (5) (a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be specially assessed for purposes of this section. (b) A municipality may terminate a business improvement district at any time. (c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real property. (d) If real property that is specially assessed as authorized under this section is of mixed use such that part of the real property is exempted from general property taxes under s. 70.11 or is residential, or both, and part of the real property is taxable, the municipality may specially assess as authorized under this section only the percentage of the real property that is not tax-exempt or residential. This paragraph applies only to a 1st class city. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85; 2017 a. 59, 70, 189. APPENDIX D - Legal Opinion APPENDIX E Downtown Oshkosh Business Improvement District Board Members Board Member Category Term Expires Marlo Ambas Owner/Occupant 5/31/2024 Chanda Anderson Non-Owner/Occupant 5/31/2024 Megan Lang, Chair Owner/Non-Occupant 5/31/2025 Kris Larson, Vice Chair Owner/Occupant or Non- Owner/Occupant 5/31/2025 Autumn Urban Non-Owner/Occupant 5/31/2024 Sandra Prunty Owner/Occupant 5/31/2025 Andy Ratchman Barb Nelson Non-Owner/Occupant Non-Owner/Occupant 5/31/2024 5/31/2026 Carrie Olson Owner/Occupant 5/31/2025 James Stapel Owner/Non-Occupant or Owner/Occupant 5/31/2026 James Evans Aaron Armstrong Dr. Jill Anderson Derek Mulloy Owner/Occupant Owner/Occupant Owner/Occupant Alternate #1 5/31/2026 5/31/2024 5/31/2026 5/31/2025 Leonard Wiensch Alternate #2 5/31/2024 SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :February 27, 2024 Council D is cus s ion a nd D ir e c t ion t o St a ffCouncil D is cus s io n a nd D ir e c t ion t o St a ff A. Continue Council Discussion Regarding Mayor Selection Process (Mugerauer) B. Process to Review Combination "Class B" Liquor Licenses (Stephenson) A t t a chment sAttachments A. Memo re Change from Elected Mayor to Council-Selected President TO: Members of the Oshkosh Common Council FROM: Matt Mugerauer, Mayor – City of Oshkosh DATE: January 18, 2024 SUBJECT: Changing from elected Mayor to council selected President BACKGROUND: Since 1956, the City of Oshkosh has operated under a City Manager form of government as a Chapter 64 municipality. This chapter of the Wisconsin State Statutes describes the major responsibilities of the manager and the council. It makes no reference to a mayor, noting the president of the council is the highest elected official. Of the Chapter 64 Council Manager cities in the State of Wisconsin, Oshkosh is the only community with an at large elected Mayor. This includes communities such as Fond du Lac, Janesville and Beloit that all have a Council Manager form of government with self-selected council presidents. CURRENT PROCESS: • Mayor is nominated and elected from the city at large, serving a two-year term. Elected in the odd years, most recently 2023. • Six council members are nominated and elected from the city at large, serving two-year terms. Three elected in the even years, three elected in the odd years. WHY CHANGE: As stated previously, Oshkosh is unique, we are the only Chapter 64 municipality with an elected mayor. Uniqueness can have its advantages, however in this case the disadvantages outweigh the advantages. Significant confusion exists within the community, region and state regarding the Mayor of Oshkosh, specifically who is the chief executive of Oshkosh. A significant portion of our population believes the Mayor of Oshkosh is the chief executive. A dangerous assumption if that perception is allowed to continue. Examples: • State officials reaching out to the Mayor instead of City Manager’s Office, for matters that require the chief executive to be informed and for decisions to be made. • Confusion regarding who is responsible for media contacts. • Questions as to who speaks for the City of Oshkosh. • Questions of who can negotiate on behalf of the City of Oshkosh. • Potential for lack of clarity between Executive (City Manager) functions and Legislative (Council) functions within the organization. • Electors believing the person they are voting for will be the chief executive. As noted in the January 2024 League of Wisconsin Municipalities The Municipality, Policymaking vs. Administration ….” Councilmembers and board members make policies and set budgets, and then it is up to the mayors (in cities with mayor-council form of government), city managers (in cities with council-manager form of government), and administrators (in cities and villages with an administrator) to implement those policies and budgets. Learning the difference between the two key functions – policymaking and administration – and respecting the boundaries between them is critical to a well-run government.” SUGGESTED NEW PROCESS: • Seven council members who are nominated and elected from the city at large, serving two-year terms. Three elected in even years, four elected in the odd years. • Effective the April 2025 Spring General Election four council members would be elected, serving two-year terms. • At the Common Council’s annual reorganizational meeting held on the third Tuesday in April, a Council President and Council Vice President shall be selected by a majority vote of the council members. Allowing the council to choose the best leader among them. • All references to Mayor and Deputy Mayor within City Municipal Code shall be changed to Council President and Vice President respectively. • No change in powers or responsibilities. • To encourage and allow other members to become better leaders, a member elected as President should serve no more than two consecutive years. • As is current practice, when the Mayor is temporarily unavailable or unable to exercise their duties the Deputy Mayor serves as acting Mayor, the same shall apply for Council President and Vice President. • Can be enacted with an ordinance update from the Common Council, effective the end of the current Mayoral term. I find it important to note the Oshkosh Area School District Board of Education and Winnebago County Board of Supervisors use a very similar process to choose their respective leaders. Moving away from an elected Mayor to a council selected President will provide better alignment with our peers, will provide for less confusion and an overall more efficient local government, allowing us to better serve those we represent. SUPPORTING MATERIAL: City of Fond du Lac Supplemental Meeting Rules for City Council, City of Fond du Lac 2022 -2023 https://www.fdl.wi.gov/city-council/wp-content/uploads/sites/6/2022/05/2022-2023-Supplemental- Meeting-Rules-for-City-Council.pdf Wisconsin State Legislature, Subchapter 1, City Manager Plan https://docs.legis.wisconsin.gov/statutes/statutes/64 Wisconsin City/County Management Association, Types of Local Government https://www.wcma-wi.org/140/Options-Available League of Wisconsin Municipalities, The Municipality, January 2024 https://lwm-info.org/DocumentCenter/View/6788/January-2024-Magazine-Fresh-Starts-and-Setting- Priorities-V3?bidId= SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :February 27, 2024 Fut ur e Work s hop sFuture Wor k s ho p s Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's Four-Seasons Building TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :February 27, 2024 SUB JEC T:SUB JEC T :Professional Services Agreement with AECOM for Sediment Thickness Verification and Waste Characterization of North High Detention Basin ($27,600) B A C KGRO UN DBACKGROUND The North High Detention Basin was constructed in 2010. The basin is divided into two (2) sections: the main bay and the forebay. In 2021, AECOM completed sediment thickness verification for the City of Oshkosh (City). A total of ten (10) locations in the main bay and four (4) locations in the forebay were checked for sediment thickness. A summary of those results concluded that the forebay had an average sediment thickness of 1.14' and an average depth to sediment of 3.8'; and the main bay had an average sediment thickness of 0.47' and an average depth to sediment of 4.7'. It was estimated at the time of the investigation that there were approximately three (3) years until the depth to sediment in the forebay reached less than 3.5'. The City has requested an evaluation of the depth to sediment. A N A L Y SI SANALYSIS AECOM's services will include preparing a GIS-based information data collection system, preparing a health and safety plan for working in and around a water hazard situation, a field investigation to measure approximate sediment thickness and collecting sediment samples, a waste characterization of the sediment samples, and preparing a summary report of data collection methods and the results of the field investigation. Staff have reviewed the proposal, and find that the costs associated with this project are commensurate with the amount of work to be performed. FI SC A L I M P A CTFISCAL I M P A C T The cost of this agreement is $27,600. Funding for this Project is available in the Storm Water Utility Operating Budget (Account No. 05612050-6417/Opertations & Maintenance-3rd Party Contracted Service). REC O M M E N D A TI ONRECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement. A t t a chment sAttachments AECOM proposal-N HS Det Basin SUB JEC T:SUB JEC T :State of the City Video Release - March 27th D A TE :D A T E :February 27, 2024 There a r e no a t t a chment s or a d d it iona l infor ma t ion for t his it em. T her e a r e no a t t a chment s or a d d it iona l info r ma t ion fo r t his it em . SUB JEC T:SUB JEC T :Outstanding Issues D A TE :D A T E :February 27, 2024 A t t a chment sAttachments Outstanding Issues 02.27.24 City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options Second reading of ordinance planned for February 27th. 2/27/2024 Public information campaign conducted in advance of final Council consideration. 6/9/2020 City Manager Community Conversations to address racism City Manager continuing discussions with various community groups. 2/13/2024 City Manager used strategic plan focus group to introduce people that had not previously been connected. 1/10/2023 City Manager Engage other governmental and non-profit entities in the region to reduce and prevent homelessness City Manager engaged with community stakeholders on continued efforts to address continuum of care. 3/26/2024 1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and City day to day operations Goal continues into 2024 City Manager goals. SAB to discuss training for employees to introduce sustainability principles. 3/26/2024 SAB to submit an ARPA application to update Sustainability Plan. 1/9/2024 City Manager Continue participating in state wide initiatives to improve Oshkosh’s shortfall in state-local funding, including fully funding Municipal Services Program (MSP). Continuation of this goal will focus on Municipal Services Payment (MSP) program in 2024 3/26/2024 8/24/2021 Community Development Convention and Visitors Bureau (CVB) Tourism Assessment City staff is working with the CVB and other community partners on a Downtown Area study.3/26/2024 Downtown study draft near completion. 5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non- infrastructure purposes. Staff has begun soliciting an additional round of proposals. 3/12/2024 DEI and SAB discussed RFP at recent meetings. 1/10/2023 DPW/Legal Sanitary District Negotiations Staff has submitted final draft to Districts. Staff will not bring to Council until final language is agreed upon. Non-contractual rates have been implemented. 3/26/2024 Follow-up discussions on final terms to take place within 30 days. 2/27/2024 Council Meeting