HomeMy WebLinkAboutLETTERS
JAN-31-2005 MON 02:25 PM
GARTMAM MECH. SERVICES
920 231 0486
P. 01
GMS, INC.
GARTMAN MECHANICAL SERVICES
HEA T1:NG . VENTILA nNG . AIR CONDITIONING. SHEET METAL. CONTRACTORS
P.O.BOX2264520WESTSOUTHPARKAVENUE,
OSHKOSH, WISCONSIN 54903
(920)231-5530 FAX (920)231-0486
January 31, 2005
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903
Attn: Allyn Dannhoff
Re: Banner Packaging Temporary Occupancy Request
Included with this cover letter is a letter of request and recommendation JÌom AL V
Engineering to allow for temporary occupancy of the converting space at Banner
Packaging. If you have any questions or concerns please call.
No. of pages including this page (2)
J¡-31-2005 MOO 02'" eN
GART!1A!1 MECH. SERVICES
920 231 0486
o/Engineering, LLC.
. .. . '., ,..' '.'" ~ .'-
--- ~. ,
N~I North ~O<>d H..temme. WI 54944
Pl\j ~ (920) soo.ool>b . Po... \'9<0) 779-9-' 23
A~l ~mg@tlew,rr.c~m
113112005
OMS,Inc,
52080nlhPmI<Aw
f'O Box 2264
, O/ibkoob, WI 54903
i
¡
Attn:DaleWei1z
RE:
Banner J'a(¡1¡ngÎDs Addition, 3550 Møoet S~ 0sbJ00s1>. WI
T""'I"""'Y ~ Requoot orN"", C"'-11i Spoco
Dear Dale,
As you a¡ow, lam regubn'1y advised about the progress of 1Iris project by Brian l)Qbjsb ¡md
'eon!, along with YOO£SeIves. WiIlI!bù k:t!<r ¡ Ml ~ that 1he City of Oshkosh BuiJdin(I
J)epartmedI a1Icw tbotallP<ll1l'Y lIS8&" of 1he oonvertÎll& IIpiII'c for its inb!nd<:d pIII'POS".
P. 02
It ¡. my opinion tbat tho oonvefÛIIg "P"te is 8<b¡u8te\Y hmd aßd yepti ated fer IISC as a
_vetling spooe by tho 21l1ake up air ID!its.......uy in IISC. Tho "",.....,¡ oopstrøçtjQII, ec¡uipm<nt .
tosIing of tho """verting sysI<!/IIO may amtinue to p¡<><:c<:d 1'11< fo1!owi1\g pIU'8 !1UpM _tain brief
fø¡;-¡ considered n:prdi¡!g hlUMI1 ccoupanty of1h<: CcnVO!1ing SplIce.
The -~ lIP""" is cbIiSAed to 1>0 .....ed by ó moJçe up oir IUIiW thiIt each provide 4, .000 CFM of
\em¡:>tl'Od ait to this space depending en ~ """"""' at SUInIII« vculi1ation. The ó 1lUIIœ up air IlllÎts dosi !IIed to
rep!are up to 100,000 CFM of eJåu¡ust IìœI proce!lS converting equipm<nt and to produce 2ö.ooo cm f """">II m.b
"I' oir fŒ tho QQJ1tIðC!ed exi.nng 1'i0oi. 1'brte is adec¡uoto heat ~ by the.. two 11DÌ1B at miIÛ1n11IR air to
mínima11y temper the Ò\JilitiIIg.
Two of the 6 mm up air uøítJ¡.re oporu!ins ,.;fu DJinjmu¡n tr<sb air and taIIpmat)' ecnb'ol heat ¡md
_lit"", tho COIIvWn8 !!pICe. The roma!liing 4 ID!its ore leody but not!equin:d unt\! tho oonV<;Jting prneót is
inBta!led. 'Ibere is 110 o~ converting tq)Iiprnent ìn ploce. Gœe!1I1 spw:e and tmmcl equiJ'Ð1<'l1 IÏ\tI.$ ore
ready, but are net œquired un1iI OOIIvWnS equipment js instsI1ed. The CCII1lorting hotJ>tooIn exhllUSt hoIIting ¡s ah<o
ready to be manually operated. T~ 00IdN!$ and bui1ding ..'omanon is not ttOdy- Tho cquîpm t1øIIIC!
verniJlIIiøn 8Y"teoIs are ready to "'" !boy are wI-«<I1 >ied spoc:eo-
A q1>icl<oecU >II11oyoohmlatí... based u1"'" IIpiII'c air volume (88,000 SFx 3S FI x l-JH'I'I'OIII 000 CUbic Ft)
indi<aks tbat 616 pemoos tt18)' occupy 1tUs spw:e.
T u """.py tho ocnveröng space fur warehow¡ing and e<>ns1mCÖffil will he acceptltbl'" The nl' .
~ is not critic.l as tong as tñis ~ is kq>!- WII\YIl enough 10 prevent 1110 wet pip< .
f\'OlIl~
Please do not btSitate to c!II1 me for qtW!ÛQJIS or conn"""I..' (920) 850.0056.
BeotIœgRld.,
~~
18 3911d
~33NI9N3 AlII
e:~E66LLB~6
E~ :2;1 SBB2;/1E/1B
895 W. 20th Avenue. P.o. Box 2157
Oshkosh, WI 54903-2157
(920) 235-3350 Fox (920) 235-3419
RECEIVED
February 7,2005
f£i11 'ru ~ a005
:DE,p,~M6t1;1f ¡ßf
CØMMIJNIlT¥ ;~MflløPJr~m~¡r
ft11t1EYE ~
Building Solution.s Since 1888
Mr. Adam Muliwan
Wisconsin Department of Commerce
Safety and Buildings
1340 East Green Bay Street, Suite 300
Shawano, WI 54166
Reference:
Banner Packaging Inc. - Oshkosh Wisconsin
Transaction ID# 1025880
Dear Adam:
Attached are 5 copies ofrevised drawings G101, G102, A101, A102 and A105
for your review and approval for a revision in the fire rating of the mezzanine
stairs and fire-pump room.
1. We are requesting that approval be given for changing the fire-rating of the
two mezzanine stairs (128/223 and 143/242) from 1-hour to O-hour in
accordance with IBC:
. 505.3, Each occupant of a mezzanine shall have access to at least two
independent means of egress ... when a stairwày provides a means of
exit access from a mezzanine, the maximum travel distance includes the
distance traveled on the stairway measured in the plane of the tread
nosing. [This mezzanine complies with these requirements]
. 505.4, Exception 3, Mezzanines or portions thereof are not required to be
open to the room in which the mezzanines are located provided that the
aggregate floor area of the enclosed space does not exceed 10 percent of
the mezzanine area. [This mezzanine complies with these requirements]
. 505.4, Exception 5, In Group F occupancies of unlimited area, meeting the
requirements of Section 507, mezzanines or portions thereof are not
required to be open to the room in which the mezzanines are located,
provided that an approved fire alarm system is installed throughout the
entire building or structure,.. [This mezzanine complies with these
requirements]
. 1005.3.2, Interior exit stairways shall be enclosed. Vertical exit enclosures
less than four stories shall be 1-hour fire-resistance rated. The number of
stories shall be computed as all floor levels, including basements but
Mr. Adam Muliawan
February 7, 2005
Page 2
excluding mezzanines. [This mezzanine is not a story and exempt from
the requirement of a vertical exit enclosure between stories - a-hour rated]
2. We are requesting that approval be given for changing the fire-rating of the
Fire,Pump Room (144) from 2-hours to i-hour in accordance with NFPA:
. NFPA Table 5.12.1.1 - Equipment Protection, Fully sprinklered Pump
room I house located within a fully sprinklered building is required to
hav~ a i-hour fire-rated construction or 50 foot separation.
I look forward to receiving your approval on these two revisions. Please contact
me if you have any questions or further comments.
Sincerely,
C, R. MEYER~PANY
11 ~,'ro", AlA
pdtitA~itect
TGC/sr
Attachments
Cc: 'Keith Neuens, Banner Packaging, Inc.
Allyn Dannhoff, City of Oshkosh Building Inspection
Brian Dobish, C.R. Meyer
895 W. 20th Avenue. P.O. Box 2157
Oshkosh, WI 54903-2157
(920) 235-3350 Fax (920) 235-3419
February 11, 2005
RECEIVED [tJNEYE~
FEB 1 5 2005 Building Solutions Since 1888
DEPARTMENT OF
COMMUNIJY DEVElOPMENT
Mr. Allyn Dannhoff
City of Oshkosh Inspection Department
215 Church Avenue
Oshkosh, VVl54901
Reference: Banner Packaging - Converting and VVarehouse Addition
3550 Moser Street "
Temporary Occupancy of Converting Area
Dear Allyn:
In accordance with the City of Oshkosh Temporary Occupancy Approval Policy,
we have assembled a temporary occupancy plan:
VVe wish to turn over the converting area of the above project (Rooms 140 to
146) to Banner Packaging for temporary occupancy while construction is
completed on the high-bay warehouse area and converting office and lunchroom
remodeling.
The converting area is scheejuledtobe cpmplete around February 23, 2005 - this
is the north 200' x 440'area of the entire ¡¡pproxim¡¡te 440'x 440' addition, The
converting area is separated by walls and doorways from the work that will
continue in the warehouse andremodeling areas.
VVe will call to schedule an inspection of the converting portion of the building
before the area is occupied and will have a completed "Partial Occupancy" form.
Before occupancy, the fire alarm system, fire protection system including the fire
pump, plumbing system, and HVAC system wi!! be complete in this area. The
electrical system including the emergency generator will be sufficiently complete
to allow occupancy - some lighting in this area may not be installed, the
emergency lighting fixtures will be installeçl¡¡nçl,operational.
The owner intençls on uêing this portion of the building temporarily for some
storage of "work in progress" product that will be ffio\ledÓt.jtÞItbe.e1Çjêting
warehouse to the north thereby allowing construction to commence on the
converting office and lunchroom remodeling areas., EmPloyee usage of the
converting area will be limited to fork trucktrafficfpctranêPort of product. .
City of Oshkosh
February 11, 2005
Page 2
This portion of the þ(jilçliJ:lg will not be fully occupied until after the converting
office and lunchroom and high-bay warehouse construction is complete.
We appreciate your cooperation in allowing the temporary occupancy of this
space. If you have any questions or concerns about the temporary occupancy
plan, please feel free to contact me at your earliest convenience.
Sincerely,
TGC/sr
Cc:
Keith Neuens, Banner Packaging
Brian Dobish, C. R. Meyer
Pete LeCompte, C. R. Meyer
Dannhoff, Allyn J.
From:
Sent:
To:
Subject:
Brian Dobish [BDobish@crmeyer.com]
Wednesday, May 18, 2005 5:51 AM
Allyn Dannhoff (E-mail)
BannerlWPS
Allyn:
I spoke with Keith yesterday about the WPS Primary wiring.
He informed me that he had signed the application for variance a week ago or
so...1 wasn't aware of that.
I believe Keith will be contacting you to bring you up to speed with this
status.
Secondly we spoke about the generator and he will be contacting Total
Energy/the generator provider to recilfy the cold start issue.
Thanks,
Brian
Dannhoff, Allyn J.
From:
Sent:
To:
Subject:
Brian Dobish [BDobish@crmeyer.com]
Wednesday, May 18, 2005 7:07 AM
Allyn Dannhoff (E-mail)
FW: Banner Packaging Inspection
Allyn:
FYI - this is whall sent to Sherman w/ Honeywell. Honeywell is the
contractor providing the fire alarm at Banner.
> -----Original Message-----
> From: Brian Dobish
> Sent: Wednesday, May 18, 2005 6:40 AM
> To: Sherman Salter (E-mail)
> Cc: Keith Neuens (E-mail)
> Subject: Banner Packaging Inspection
> .
> Sherman:
> I spoke with Allyn Danhoff, the building inspector, yesterday morning. He
> was on-site during the fire alarm inspection, this was after he was done
> with the building inspection proper....so he hung around with the Fire
> Inspector. Apparently he had a couple issues, one of which he resolved on
> the phone with me yesterday.
>
> #1 - Synchronization of the strobes so they all go off at the same time -
> this is the issue he looked up in the code book yesterday and from what he
> read, it sounds like devices within 55' of each other need to be
> coordinated to strobe at the same time (originally he was thinking all
> devices within the same room needed to be coordinated) I believe he is
> satisfied Ihat is not an issue since devices are spaced further than 55' -
> please correct me if I'm wrong.
>
> #2 - Audio alarm level appeared to be low (not by instrument readings).
> He requested you provide him with information which details:
> - The estimated/anticipated level of ambient noise in the Finished
> Product Warehouse used during design. Say this is X and X = 40 decibels
> (Where 40 decibels is a random number that I just pulled out of the air).
> - The system has been engineered to provide X + 15 decibels (where
> we believe 15 decibels is the code minimum (correct us if we're wrong)).
> Therefore if X-40 then 40+15 = 55 decibels.
> - Allyn said that in discussions with Rob and the inspector, that
> Rob said he had a decibel meter with him. Allyn would like to see data of
> actual sound levels in Ihe warehouse in alarm mode. I'll try to
> coordinate to take Ihese readings with Rob this afternoon or soon.
>
> Sherman if you would, please provide us with the design data -- the first
> two bullets under #2 above. I'll work on the actual data - bullet point
>#3.
>
> If you have any questions, feel free to contact me.
>
> Thank you,
> Brian Dobish
RE: Batmer Packaging Inspection
Page 1 of 4
Dannhoff, Allyn J.
From: Brian Dobish [BDobish@crmeyer.com]
Sent: Thursday, May 26, 2005 6:44 AM
To: Aliyn Dannhoff (E-mail)
Subject: FW: Banner Packaging Inspection
Importance: High
Aliyn:
Attached is the information from Sherman, the designer from Honeyweli regarding the fire alarm system. His
commentary is at the end.
According to Sherman per 7.4.3.2 beiow we only need to maintain 1 OdS above the average ambient sound level
in the Finished Product Warehouse. Irregardiess as to whether it's +10 or +15dB, we took some sound readings
yesterday at Banner and I don't think we have any issues. The sound dosimeter we used had a lower limit of
70dB...therefore that was the lowest reading.
Ambient noise levels we took in the Finished Product Warehouse were below 70dB...most likely they were in the
55-65 range as an estimate.
Also we took noise levels in the existing WIP Warehouse which is currently operating...again these readings were
beiow 70dB....again, most likely in the estimated 60-65dB range.
We activated the horns in the Finished Product Warehouse and the readings were in the 82-85+dB range. I aiso
noted there was some sharpness to the noise of the horns.
Hopefuliy this information helps. Please contact me with any questions.
Thanks,
Brian
-----Original Message-----
From: Salter, Sherman [mailto:Sherman.5alter@hsmsecurity.com]
Sent: Wednesday, May 18, 2005 12:13 PM
To: Brian Dobish
Cc: Dickmann, Michael; Terry Sunderlage
Subject: RE: Banner Packaging Inspection
Importance: High
Hi Brian,
NFPA 72 2002 Edition
Chapter 7 Notification Appliances for Fire Alarm Systems
7.4.2.1 To ensure that audible public mode signals are clearly heard, unless other wise permitted by 7.4.2.2 Through 7.4.2.5
they shall have a sound level 15 dB above the average ambient sound level or 5 dB above the maximum sound level having a
duration of atleast 60 Second, which ever is greater, measured 1.5m (5 feet) above the floor in the occupied area, Using the
A- Weighted scale (dBA)
7.4.2.2 Where approved by the authority having jurisdiction or other governing codes or standards, the requirements for
audible shall bee permitted to be reduced or eliminated when visible signaling is provided in accordance with Section 7.5.
7.4.2.5.2 Visible notification appliance shall be installed in the affected areas in accordance with Section 7.5 or Section 7.6
7.4.3 PRIVATE MODE AUDIBLE REQUIREMENTS
7.4.3.1 Audible notification appliances intended for operation in the private mode shall have a sound level of not less than 45
5/26/05
RE: Banner Packaging Inspection
Page 2 of 4
dBA at 3m (10 feet) or more than 120 dBA at the minimum hearing distance from the audible appliance.
7.4.3.2 To ensure that audible private mode signals are clearly heard, they shall have a sound level of not less than 45 dBA at
least 10 dB above the average ambient sound level or 5 dB above the maximum sound level having a duration of at least 60
seconds, which ever is greater, measured at 1.5m (5 feet) above the floor in the occnpiable area, using the A-weighted scale
(dBA)
7.4.3.3 When approved by the authority having jurisdiction or other governing code or standards, the requirements for
audible signaling shall be permitted to be reduced or eliminated when visible signaling provided in accordance with Section
7.5.
7.5 Visible Characteristics - Public Mode
7.5.1 Visible Signaling. Public mode visible signaling shall meet the requirements of7.5 using visible notification appliances.
7.5.2.1 The flash rate shall not exceed two flashes per second (2Hz) nor be less than one flash every second(IHz)throughout
the listed voltage range of the appliance.
7.5.2.2 A Maximum pulse duration shall be 0.2 seconds with a maximum duty cycle of 40 percent.
7.5.2.3 The pulse duration shall be defined as the time interval between initial and fmal point s of 10 percent of maximum
signal.
7.5.2.4 The light source color shall be clear or nominal white and shall not exceed 1O00cd (effective intensity).
7.5.3 Appliance Photometries. The light outpùt shall comply with the polar dispersion requirements of ANSVUL 1971,
Standard for Safety Signaling Devices for the Hearing Impaired or equivalent.
7.5.4.2.7 In Corridors where more than two visible notification appliances are in any field of view, they shall flash in
synchronization.
7.5.4.2.7 (keyword Corridors)
7.6 PRIVATE MODE.
Visible notification appliances used in the private mode shall be of a sufficient quantity and intensity, and located so as to
meet the intent of the user an the authority having jurisdiction.
My understanding was that the intent to visually indicate a fire alarm has been met and approved by the Assist Fire Chief.
Note lBC approves Visual only in noise areas of a building.
Public mode was used in area where the public may be, i.e. lunch rooms, bathrooms, hallways, conference room. Private
mode in warehouse areas, production areas, and manufacturing.
Visual only can apply in any area where the ambient noise level exceeds 110 dB other wise we would be in violation of
OSHA reg..
Respectfully,
HSM Security
W226 N665 Eastmound Drive, Suite 115
Waukesha, WI 53186
5/26/05
RE: Banner Packaging Inspection
Page 3 of 4
Shennan L. Salter
Sales Representative - Wisconsin
262-521-3912 office
262-542-5410 fax
shennan. salter@hsmsecurity.com
-----Original Message-----
From: Brian Dobish r mailto:BDobish@cnnever.com]
Sent: Wednesday, May 18, 2005 6:40 AM
To: Salter, Shennan
Cc: Keith Neuens (E-mail)
Subject: Bauner Packaging Inspection
Shennan:
1 spoke with Allyn Danhoff, the building inspector, yesterday morning. He
was on-site during the fire alann inspection, this was after he was done
with the building inspection proper....so he hung around with the Fire
Inspector. Apparently he had a couple issues, one of which he resolved on
the phone with me yesterday.
#1 - Synchronization of the strobes so they all go off at the same time-
this is the issue he looked up in the code book yesterday and from what he
read, it sounds like devices within 55' of each other need to be coordinated
to strobe at the same time (originally he was thinking all devices within
the same room needed to be coordinated) I believe he is satisfied that is
not an issue since devices are spaced further than 55' - please correct me
if I'm wrong.
#2 - Audio alann level appeared to be low (not by instrument readings). He
requested you provide him with information which details:
- The estimaled/anticipated level of ambient noise in the Finished
Product Warehouse used during design. Say this is X and X ~ 40 decibels
(Where 40 decibels is a random number that I just pulled out of the air).
- The system has been engineered to provide X + 15 decibels (where
we believe 15 decibels is the code minimum (correct us if we're wrong».
Therefore ifX-40 then 40+ 15 = 55 decibels.
- Allyn said that in discussions with Rob and the inspector, that
Rob said he had a decibel meter with him. Allyn would like to see data of
actual sound levels in the warehouse in alann mode. I'll try to coordinate
to lake these readings with Rob this afternoon or soon.
Sherman if you would, please provide us with the design data -- the fITst
two bullets under #2 above. I'll work on the actual data - bullet point #3.
If you have any questions, feel free to contact me.
Thank you,
Brian Dobish
5/26/05
R:E: Batmer Packaging Inspection
Page 4 of 4
This correspondence may contain confidential information intended for the use of the individual or
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5/26/05
City of Oshkosh - Dept of Community Development
Inspection Services Division
PO Box 1130
215 Church Ave
Oshkosh, WI 54903-1130
Ph (920) 236-5050 Fax (920) 236-5084
~
OJHKOJH
MEMORANDUM
TO: State Division of Safety & Buildings, Electric Division
FROM: Allyn Dannhoff, Director ofInspection Services ~
DATE: June 10,2005
RE: Petition for Variance Filed by Wisconsin Public Service
SITE: 3550 Moser St., Oshkosh, WI 54901
History
Wisconsin Public Service installed Premise wiring at this site for the purpose of feeding High
Voltage and Medium Voltage Power Distribution. As this wiring is premise wiring, it is required
to meet the State Electric Code section 16.11, which requires the wiring to be listed unless
otherwise approved by the Department (State Dept. of Commerce, Division of Safety &
Buildings.)
The wiring installed is not listed, however per WPS personnel, it has been indicated that the
wiring installed is manufactured to WPS specifications, which they indicated mirrors that of
listed conductors.
Municipal Recommendation
As personnel in this office do not feel they have the expertise to review or make an assessment
on the conductors, this office is requiring WPS to secure approval for the use/installation of the
unlisted conductors with the Department. This office will defer to the Department for
guidance on this Petition. We are relying on the Department's expertise to review and
assess the specifications for the unlisted conductors to determine if such are indeed an
acceptable material for this installation,
In this Petition Review, should it be approved, we request the Department to give guidance on
any special installation requirements if different than what is required by the adopted State
Electric Code. Additionally, this installation was made without pennits or inspections, therefore
this office will require inspections ofthe installation to be made. We request this be made a
, condition of any approval. If WPS desires to have State Department representatives make such
inspections, this office will not object.
While it is not anticipated, if a Petition Approval lists special installation requirements as a
condition of approval and such conditions are beyond our scope of expertise, we may request the
Department to lend assistance in performing the aforementioned inspections at the Department's
convenience.
Additionally, as WPS has been notified, they must obtain our local Electrical Contractor's
License and secure an Electric Permit for this installation prior to this office making any such
inspections. IfWPS does not meet the qualifications for our Electrical Contractor's License, they
would have to make arrangements with a locally Licensed Contractor to take responsibility for
this work and secure the required permit. We recognize this is not an issue that necessarily
concerns the Department, however, it is necessary that WPS recognize that approval of any
Petition for Variance does not resolve the Contractor License, Electric Permit and Inspection
requirements for this installation.
,. Dannhoff, Allyn J.
From:
Sent:
To:
Cc:
Subject:
Dannhoff, Allyn J.
Friday, June 03, 2005 1 :24 PM
'Brian Dobish'; Dannhoff, Allyn J.; Benner, Kevin; Keith Neuens (E-mail)
Keith Neuens (E-mail)
RE: Banner Packaging Primary Wiring
Keith;
I do not have your e-mail address, so I grabbed this past e-mail one out of convenience so I could contact you.
Anyway, I wanted to update you on Occupancy Slalus for your project. It is my understanding CRMeyer either has or is (or
a combinalion of both) addressed the various items brought to their attention in a recent Occupancy Inspeclion. Once they
have completed the project and corrected items pointed out to them, they wili arrange for a reinspection of said items.
The WPS/wiring issue to my understanding is in the process of being resolved as they have applied for a variance.
Additionally a permit must be issued for this work and arrangements made for some spot inspections of the wiring
installed. The inspections should be coordinated between our inspector, Kevin Benner (236-5046) and the permit
applicant.
This issue wili prevent us from issuing an Occupancy Permit, but as long as we know how and when compliance with the
wiring issue wili be resolved, we wili continue to work with you.
I suspect you may need to contact WPS to find out what progress they have/are making on this issue. Any update would
be appreciated.
Sincerely;
Allyn Dannhoff
-----Original Message-----
From: Brian Dobish [mailto:BDobish@crmeyer.com]
Sent: Monday, March 14,20053:12 PM
To: Allyn Dannhoff (E-mail); Kevin Benner (E-mail)
Cc: Keith Neuens (E-mail)
Subject: FW: Banner Packaging Primary Wiring
Allyn & Kevin:
FYI -- I hope this all works out.
Thanks,
Brian
-----Original Message-----
From: Robert Fass [maillo:RFASS@wpsr.com]
Sent: Monday, March 14,20052:57 PM
To: Brian Dobish
Subject: Re: Banner Packaging Primary Wiring
Brian.
I spoke with Joe Hertel on Feb. 28 2005 concerning the primary wiring
installed at Banner Packaging in Oshkosh. He stated that I should apply
for a variance to the electrical code. I wiil be submitting this shortly
to the City of Oshkosh.
I wiil be at the next inspectors meeting this Friday if Kevin has any
other questions. I wiil also bring along a copy of our specification for
our .25KV Underground Primary Distribution Cable for Kevin.
Bob
»> Brian Dobish <BDobish@crmeyer.com> 3/10/2005 7:14:49 AM »>
Bob:
Would you please update me with your progress on the issue with the
City of
Oshkosh on the primary wiring WPS installed at Banner Packaging in
Oshkosh?
The inspectors that attended the meeting, Kevin and Allyn, are asking
for a
status update. I estimate they'd like 10 hear progress is being made
on the
issue, and ¡'m sure they'd like to hear the issue is near resolution.
If you'd like to talk to me my numbers are:
9202353350 x244 (office)
9203793689 (cell)
Thank you,
Brian Dobish
Degner, Mary Lou
From:
Sent:
To:
Cc:
Subject:
Dannhoff, Allyn J.
Tuesday, July 26, 2005 8:21 AM
'bdobish@crmeyer.com'
Benner, Kevin; Degner, Mary Lou
Banner
Brian;
Working on closing my file Ihis morning I came across the permit you obtained for: Relocating the Cure Room and
Expanding Ihe Press Room, which I have to close in order to issue an Occupancy Permit. (Permit # 108221, issued May,
04)
I have closed my file on this permit as well as the addition, however, we do not have record of an Electric Permit in
association with the aforementioned permit. Possibly the Electric Contractor combined it with a permit associated with the
addition. If this is the case, they should be more detailed in the scope of their work when applying for the permit, because
my research does not indicate a permit for this work. Additionally, the Electric Contractor is required to obtain a permit
prior to commencing such activity. The following shows that an Electric Permit was not obtained prior to starting this work.
Electric Permit 110787 was for the Ground Ring, issued 9-27-04 to Van Ert.
Electric Permit 111976 was for the addition, issued 12-13-04 to Suburban.
Electric Permit 112324 was for the Fire Pump, issued 1-14-05 to Van Ert.
Electric Permit 112332 was for the Service, issued 1-14-05 to Van Ert.
None of these permits describe the work for the Cure Room or Press Room.
Would you please advise the appropriate Electric Contractor to secure this permit, or clarify the matter. (If it is not part of
your responsibility, please advise us who we should direct our attention to.) Additionally, this contractor must also verify
this work has been inspected. If it has not been inspected, possibly it can be inspecled at the same time the last phase of
the addition is inspected Electrically.
Also, discussing this with Kevin, I have been advised that Van Ert was instructed to oblain a permit for work associated
with Machinery Installation, alterations, or relocation. This transpired in June, yet the contractor has nol yet secured the
required permit. You should also know that we inspected the work for the service, permit 112332, on 1-12-05, which not
only was prior to permit issuance, but shows Van Ert had been working for several days prior to the inspection.
Your assistance with these malters is appreciated.
Thanks.
Allyn Dannhoff
REFF BAIVIER BERMINGHAM&LIM, S.C.
ATTORNEYSATLAW SINCE 1858
Russell). Reff
Jeanne E. Baivier
John E. Bermingham
Michael Um
Daniel M. Muza
R. Samuel Sunde!
RECEIVED
August 12, 2004
AUG13
DEPARTMair Of
COMiMUMnY œVßOPM£~T
Mr. Allyn Dannoff
Director of Inspection and Services
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
Re:
Banner Packaging
Dear Allyn:
Ijust spoke with Keith Neuens of Banner Packaging. He indicated that there was still
some confusion regarding the building code issues related to the proposed addition to the existing
building.
As I indicated when we spoke, we cannot combine the parcel owned by Banner
Packaging with the parcel owned by the Fernau Trust because doing so would make the real
estate owned by one party subject to liens arising JÌom claims against the other party. These
parcels will be combined when Banner has the right to exercise its option to purchase the Fernau
parcel.
Weare in the process of doing a certified survey map combining the three parcels Banner
is leasing from the Fernau Trust. This will eliminate concerns related to the existing boundary
lines between these parcels.
When we spoke, you indicated that the State was requesting "deed restrictions" on the
Banner parcel and the Fernau parcel prohibiting the separate sale of either parcel. I am enclosing
a copy of an Agreement I have drafted. Section 2.02 imposes this restriction. I decided to use an
Agreement, rather than a deed restriction, because there are no deeds involved in the current
lease arrangement. The restrictions imposed by the Agreement will have the same legal effect as
restrictions contained in a deed.
217 Ceape Avenue, P.O. Box 1190, Oshkosh, WI 54903.1190
Oshkosh: 920-231-8380 Fox Cities: 920-725-3103 FAX: 920-231-0035
Mr. Allyn Dannoff
August 12,2004
Page 2
I hope this letter addresses your concerns. Please feel free to contact me ifthere is
anything additional you would like to discuss.
~
Russell J. Reff
E-mail: rjr@reff-law.com
RJR:jaj
Enclosure
cc: Mr. Keith Neuens
" I
AGREEMENT
D",meotT;tle
DDCUMENT NO.
THIS AGREEMENT is made and entered into as Dfthe I" day Df August, 2004, by and
between Charles A. Femau and LolTaine L. Fernau, as trustees of the Charles aud LolTaine
Fernau Revocable Trust dated May 23,2000 (the "Fernau Trust") and Banner Packaging,
Inc., a Wisconsin corporatiou ("Bal111er").
I. RECITALS
1.01
The Femau Tl1lst is the Dwner of the following desclibed real estate ("Fernau Real
Estate"):
A part of the Southwest Qualter (SW 1/4) of the Northeast Quarter (NE 1/4) of
Section One (1), Township Eighteen (18) North, Range Sixteen (16) East, Fifteenth NAMEANDRETURNADDRESS
(15") Ward, City ofOshkDsh, WÜmebago County, Wisconsin containing 21.33
acres Df land, more or less, and being described as follows:
Commencing at the NOlth 1/4 comer of said Section One (I); thence South 00
degrees 02 minutes 44 seconds East, along the West line of said Northeast Quarter
(NE 1/4), a distance of 1318.61 feet to the point Dfbeginning; thence continuing
South 00 degTees 02 minutes 44 seconds East, along the West line of said Northeast
Quarter (NE 1/4), a distance of 1318.60 feet; thence South 89 degTees 35 minutes
16 seconds East, along the South line of said Northeast Quarter (NE 1/4), a
distance of 674.97 feet; thence North 02 degrees 27 minutes 32 seconds East, along
the Westerly right-of-way line of Canadiau National Railway Company, 1321.98 feet;
thence North 89 degTees 47 minutes 23 seconds West, along the North line of the
Southwest Qualter (SW 1/4) of the NOltheast Quarter (NE 1/4) of said Section One (1),
a distance of732.72 feet to the point of beginning. Subject to all easements and restrictions of record.
ATTORNEY RUSSELL J. REFF
P.O. BOX1190
OSHKOSH. WI 54903-1190
Parcel Identification Number (PIN)
I
1.02
Bal111er is the owner of the following described real estate ("Banner Real Estate"):
A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section One (1), Township Eighteen (18) North,
Range Sixteen (16) East, Fifteenth (15<') Ward, City of Oshkosh, Winnebago County, Wisconsin containing 7.29 acres ofland,
more or less, and being described as follows:
Commencing at the North 1/4 comer of said Section One (1); thence South 00 degTees 02 minutes 44 seconds East, along the
West line of said Northeast Quarter (NE 1/4), a distance of 947.25 feet to the point of beginning; thence North 89 degTees 27
minutes 07 seconds East 300.00 feet; thence Northeasterly 491.01 feet along the arc ofa curve to the left, having a radius of
477.47 feet and a chord that bears North 59 degrees 59 minutes 28 seconds East 469.96 feet; thence South 89 degTees 47 minutes
23 seconds East 54.66 feet; thence Southerly along the Westerly right-of-way line Df Canadian NatiDna1 Railway Company
42.83 feet along the arc of a non-tangent curve to the left, having a radius Df2897.79 feet and a chord that bears South 03
degrees 41 minutes 06.5 seconds West 42.83 feet; thence Southerly along the Westerly right-of-way line of Canadian National
Railway Company 99.67 feet along the arc of a curve to the left, having a radius of 4316.43 feet and a chord that bears South 03
degTees 07 minutes 06 seconds West 99.67 feet; thence South 02 degTees 27 minutes 32 seconds West, along the Westerly right-
of-way line of Canadian National Railway Company, 469.78 feet; thence North 89 degTees 47 minutes 23 seconds West, along
the South line of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section One (I), a distance of732.7
feet; thence North 00 degTees 02 minutes 44 seconds West, along the west line of said Northeast Qnarter (NE 1/4), a distance of
371.36 feet to the point of beg inning.
This information must be completed by submitter: document title, name & retum address. and PIN (if requirad). Other information such as the granting
clauses, lagal dascr/ption, etc. may be placed on this first page of the document or may be placed on additional pages of the document. Note: Use of this
cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes 59.517.
WRDA 2/96
1.03
1.04
1.05
Banner is leasing the Fernau Real Estate under a long-tenn Ground Lease and has the option to purchase the
Fel1lau Real Estate upon the occun-ence of cel1ain events.
Balmer is the owner of a commercial building at 3550 Moser Street, Oshkosh, Wisconsin, which
commercial building is constl1lcted partially on the Fernau Real Estate and partially on the Banner Real
Estate.
The Fernau Trust and Banner are enteting into this Agreement for the purpose of addressing cel1ain zoning
and building code issues related to the fact that the aforementioned commercial building is constructed on
two (2) parcels which currently have different ownerBhip.
II. AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, tlle parties agree as
follows:
2.01
2.02
2.03
2.04
Recitals. The foregoing recitals are adopted by the parties, incorporated herein and made a part of this
Agreement.
Restriction on Sale. The parties agree that so long as the aforementioned commercial building is in
existence and portions thereof are located on the Fernau Real Estate and Banner Real Estate neither the
Fernau Real Estate, nor the Banner Real Estate, may be sold, transferred or conveyed separately. The
foregoing restrictions shall not apply to a change in the ownership of the Banner Real Estate in connection
with the sale of the business operated in the commercial building; provided that Banner's rights under the
Ground Lease are also assigned to the transferee or a transfer of the Fernau Real Estate as the result of the
death of Charles or Lorraine Fernau; provided that the transferee takes the property subject to the tenDS of
the Ground Lease.
Recording. This Agreement shall be recorded in the office of the Register of Deeds for Winnebago
County, Wisconsin.
Binding Effect. This Agreement shall run with the Fernau Real Estate and the Banner Real Estate and shall
be binding upon and inure to the benefit of all current and future owners of said real estate.
IN WITNESS WHEREOF, the pal1ies have hereunto set their hands and seals on the day and year first written
above.
CHARLES AND LORRAINE REVOCABLE TRUST
DATED MAY 23, 2000:
BY:@A&lÞth. b-1.-y1¿t.#.
Charles A. Fernau, Trustee
5;f~r~~~-~/
Lo ine L. Fernau, Trustee . .'
BANNER PACKAGING, INC.:
By:
James W. Ransom, President
2
AUTHENTICATION
Signatures of Charles A. Fernau, LOITaine L. Fernau and James W. Ransom authenticated this- day
of ,2004.
Russell J. Reff
TITLE: Member State Bar of Wis.
This document was drafted by:
Russell J. Reff, Attorney at Law
Reff, Baivier, Benningham & Lim, S.C.
217 Ceape Avenue, P.O. Box 1190
Oshkosh, WI 54903-1190
3
REFF BAIViER BERMINGHAM&LIM, S.C.
ATIORNEYS AT LAW SINCE 1858
Russell). Reff
jeanne E. Baivier
John E. Bermingham
Michael Lim
Daniel M. Muza
R. Samuel Sundet
REC E lYE 0
August 17,2004
AUG 1 8 2004
DEPARTMENT Of
COMMUNITY DEVElOPMENT
Mr. Allyn Dannhoff
Director ofInspection and Services
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
Re:
Banner Packaging Addition
Dear Allyn:
Enclosed please find a copy of the fully executed Agreement restricting the separate sale
of the Fernau and Banner parcels. I will record the Agreement as soon as you confi= that the
fo= ofthe Agreement is acceptable to you and the State.
Thank you for your anticipated cooperation. I will be expecting to hear from you.
RJR:pac
Enclosure
cc: Mr. Keith Neuens
217 CeapeAvenue, P.O. Box 1190, Oshkosh, WI 54903-1190
Oshkosh: 920.231-8380 Fox Cities: 920-725-3103 FAX: 920-231-0035
,;
AGREEMENT
Doc"meet TltI,
DOCUMENT NO.
THIS AGREEMENT is made and entered into as of the 1" day of August, 2004, by and
between Charles A. Femau and Lorraine L. Femau, as trustees of the Charles and Lorraine
Femau Revocable Trust dated May 23,2000 (the "Fernau Trust") and Banner Packaging,
Inc., a Wisconsin corporation ("Banner").
I. RECITALS
1.01
111e Fernau Trust is the owner of the following described real estate ("Femau Real
Estate"):
A part of the Southwest Qua11er (SW 1/4) of the N0l1heast Quarter (NE 1/4) of
Section One (1), Township Eighteen (18) NO11h, Range Sixteen (16) East, Fifteentl NAME AND RETURN ADDRESS
(15") Ward, City of Oshkosh, Wilmebago County, Wisconsin containing 21.33
acres ofland, more or less, and being described as follows:
Commencing at the North 1/4 comer of said Section One (1); thence Sonth 00
degrees 02 minutes 44 seconds East, along the West line of said Northeast Qua11er
(NE 1/4), a distance of 1318.61 feet to the point of beginning; thence continuing
South 00 degrees 02 minutes 44 seconds East, along the West line of said Northeast
Quarter (NE 1/4), a distance of 1318.60 feet; thence South 89 degrees 35 minutes
16 seconds East, along the South line of said Northeast Quarter (NE 1/4), a
distance of 674.97 feet; thence NOl1h 02 degrees 27 minutes 32 seconds East, along
the Weslerlyright-of-way line of Canadian National Railway Company, 1321.98 feet;
thence North 89 degrees 47 minutes 23 seconds West, along the North line of the
Southwest Quarter (SW 1/4) of the NOl1heast Qnarter (NE 1/4) of said Section One (1),
a distance of732.72 feet to the point ofbegimting. Subject to all easements and restrictions of record.
R"oed'" Aco'
ATTORNEY RUSSELL J. REFF
P.O. BOX 1190
OSHKOSH, WI 54903-1190
Parcel Identification Number (PIN)
I
1.02
Banner is the owner oHhe following described real estate ("Banner Real Estate"):
Apart of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section One (1), Township Eighteen (18) North,
Range Sixteen (16) East, Fifteenth (15th) Ward, City of Oshkosh, Winnebago County, Wisconsin containing 7.29 acres ofland,
more or less, and being described as follows:
Commencing at the North 1/4 comer of said Section One (I); thence South 00 degrees 02 minutes 44 seconds East, along the
West line of said Northeast Quarter (NE 1/4), a distance of947.25 feet to the point of beginning; thence North 89 degrees 27
minutes 07 seconds East 300.00 feet; thence Northeasterly 491.01 feet along the arc of a cnrve to the left, having a radius of
477.47 feet and a chord that bears North 59 degrees 59 minutes 28 seconds East 469.96 feet; thence South 89 degrees 47 minutes
23 seconds East 54.66 feet; thence Southerly along the Westerly right-of-way line of Canadian National Railway Company
42.83 feet along the arc of a non-tangent cnrve to the left, having a radius of2897.79 feet and a chord that bears South 03
degrees 41 minutes 06.5 seconds West 42.83 feet; thence Southerly along the Westerly right-of-way line of Canadian National
Railway Company 99.67 feet along the arc of a cnrve to the left, having a radius of 4316.43 feet and a chord that bears South 03
degrees 07 minutes 06 seconds West 99.67 feet; thence South 02 degrees 27 minutes 32 seconds West, along the Westerly right-
of-way line of Canadian National Railway Company, 469.78 feet; thence North 89 degrees 47 minutes 23 seconds West, along
the South line of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section One (I), a distance of732.7?
feet; thence North 00 degrees 02 minutes 44 seconds West, along the west line of said Northeast Quarter (NE 1/4), a distance of
371.36 feet to the point of beg inning.
This information must be completed by submitter: document title, name & return address, and PIN (If required). Other information such as the granting
clauses, legal description, etc. may be placed on Ihls first page of the document or may be placed on additional pages of the document. Note: Use of this
cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes 59.51?
WRDA 2/96
"
1.03
1.04
1.05
Banner is leasing the Femau Real Estate under a long-telm Ground Lease and has the option to purchase the
Fernau Real Estate upon the occunence of cel1ain events.
Banner is the owner of a con1111ercial building at 3550 Moser Street, Oshkosh, Wisconsin, which
commercial bnilding is constmcted partia11y on the Fernan Real Estate and partia11y on the Banner Real
Estate,
The Femau Tmst and Banner are enteling into this Agreement for the purpose of addressing ce11ain zoning
and building code issues related to the fact that the aforementioned commercial building is constructed on
two (2) parcels which cunently have different ownership,
II. AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
fo11ows:
2.0!
2.02
2.03
2.04
Recitals, The foregoing recitals are adopted by the parties, incorporated herein and made a part of this
Agreement.
Restriction on Sale. The parties agree that so long as the aforementioned commercial building is in
existence and portions thereof are located on the Fernau Real Estate and Banner Real Estate neither the
Fernan Real Estate, nor the Barn,er Real Estate, may be sold, transfened or conveyed separately, The
foregoing restrictions shall not apply to a change in the ownership of the Banner Real Estate in connection
with the saJe of the business operated in the commercial building; provided that Banner's rights under the
Ground Lease are also assigned to the transferee or a transfer of the Fernau Real Estate as the result of the
death of Charles or Lonaine Fernau; provided that the transferee takes the property subject to the terms of
the Ground Lease.
Recording. This Agreement sha11 be recorded in the office of the Register of Deeds for Wllmebago
County, Wisconsin.
Binding Effect. This Agreement sha11 nm with the Fernau Real Estate and the Banner Real Estate and sha11
be binding upon and inure to the benefit of a11 cunent and future owners of said reaJ estate.
IN WITNESS WHEREOF, the pat1ies have hereunto set their hands and seals on the day and year flISt written
above.
FERNAU
CHARLES AND LORRAINMŒVOCABLE TRUST
DATEDMAY23,2000:
By: 1311 ~t.h ~A/YJ tffA/(
Charles A. Fernau, Tmstee
~/~~~.=/
Laine L. Fernau, T e
BANNER PACKAGING, INC,:
2
"
,
AUTHENTICATION
This dDcwnent was drafted by:
Russell J. Reff, Attorney at Law
Reff, Baivier, Bermingham & Lim, S.C.
217 Ceape Avenue, P.O. Box 1190
Oshkosh, WI 54903-1190
3
C. R. MEYER AND SONS COMPANY
895 W. 20th Ave. P. O. Box 2157
Oshkosh, WI 54903
(920) 235-3350 Fax (920) 235-3419
REC E lYE D
AUG 3 0 2004
To:
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903
Allyn Dannhoff
Date: August 27 20~¡PARTMENT OF
CRM Job No: CðMMUNnY DEVElOPMENT
Project No:
Your Job No:
Attn.:
Project Name:
Location:
Banner Packaging
Converting Building and Finished Product Warehouse
We Are Sending
You:
0 Pians
~ Herewith
0 Under Separate Cover
DShop Drawings
0 Prints
DSpecifications
~ Correspondence
- Copies of
Copies of
== Copies of
Application for Review Petition For Variance
From:
Covering:
Which are: (as checked below)
0 For Approval
0 For Correction
0 For Final Approval
0 ForYour Use in Preparing Shop
Drawings
0 For Fabrication of Your Material
0
0
0
0
For Your Use
For Files and Distribution
For Field Use
For Sending Us a Quotation
Remarks
Copy of Variance per your request.
Copy of Correspondence senl to:
Yours very truiy,
C. R. MEYER AND SONS COMPANY
By: Brian Dobish
I~
APPLICA nON FOR REVIEW PETITION FOR
VARIANCE SBD-9890X
CQef?X
Safety & Buildings Division
Bureau of Integrated Services
This page may be utilized for fax appointments
Complete and indicate date plans will be in our office
1. Facility Information Complete for confirmed appointments.:
Facility (Buiiding) Name: BANNER PACKAGING INC. Transaction ID:
Number and Street: 3350 MOSER STREET Zip: 54901 Previous Related Trans. ID:
Commerce Site Number (if known): 584936 Assigned Reviewer:
Legal Description: Assigned Office:
County of: WINNEBAGO Review Start Date':
(X) City ()Village ()Townof: OSHKOSH 'Submittal must be received in the office of the appointment no
iater than 2 workino days before the confirmed aooointment.
NOTE: Personal information vou provide mav be used for secondary pur oses Prlvacv Law s. 15.04 1 (m . Stats.1
2. Owner Information Customer # 3. Designer Information Customer #
Name KEITH NEUENS Designer TIMOTHY G CARLSON 267329
Company Name BANNER PACKAGING INC. Design Firm C. R. MEYER AND SONS COMPANY
Number and Street 3550 MOSER STREET Number and Street 895 WEST 20 AVENUE
City, State, Zip Code OSHKOSH, WI 54901 City, State, Zip Code OSHKOSH, WI 54902
Contact Person KEITH NEUENS Contact Person TIM CARLSON
Telephone Number I Fax Number Telephone Number I Fax Number
920-303-2300 920-303-2421 920-235-3350 920-235-3419
4. Plan Review Status
lEI Plan submitted with petition (Review Scheduled 8/24/04)
0 Plan will be submitted after petition determination
0 Requesting revision 0 Other:
Commerce Transaction Number: #1025880
Plan previously review by (please enclose a copy of review letter)
0 State 0 Municipaiity 0 Approved 0 Held 0 Denied
Code Being Petitioned
lEI Building 0 HV AC 0 Plumbing 0 Private Sewage System
0 Swimming Pool 0 Electrical
5. State the code section being petitioned AND the specific condition or issue you are requesting be covered under this petition for variance.
TABLE 602 - HOURLY RATED WALLS BASED ON SETBACK TO PROPERTY LINES (FORMERLY COMM 51.03 - TABLE A)
TABLE 704.8 - NO OPENINGS IN WALLS THAT ARE ON PROPERTY LINES (FORMERLY COMM 51.02(4) - TABLE B)
EXISTING BUILDING IS BUILT ACROSS AN EXISTING PROPERTY LINE AND HAS BEEN UNDISCOVERED NON-COMPLIANT SINCE 1992.
6. Reason why compliance with the code cannot be attained without the variance.
BUILDING BECAME NON-COMPLIANT IN 1992 WHEN THAT ADDITION WAS BUILT ACROSS A PROPERTY LINE BETWEEN PROPERTY
OWNED BY THE BUILDING OWNER AND PROPERTY LEASED BY THE BUILDING OWNER. AN ADDITION WAS ADDED TO THE BUILDING
IN 2000 AND THE OWNER IS REQUESTING THE VARIANCE AT THIS TIME BECAUSE IT HAS JUST BEEN DISCOVERED AS NON-
COMPLIANT WHILE PLANNING FOR A NEW ADDITION AND IT IS IMPRACTICAL TO CONSTRUCT A NEW FIRE WALL AT THE PROPERTY
LINE IN QUESTION.
7. State your proposed means and rationale of providing equivalent degree of health, safety, or welfare as addressed by the code section petitioned.
THE LEASE AGREEMENT (ATTACHED), SPECIFICALLY IN SECTION II OF THE AGREEMENT IMPOSING RESTRICTIONS ON SALE OF THE
PROPERTY THAT SO LONG AS THE BUILDING IS IN EXISTENCE AND PORTION OF THE BUILDING ARE LOCATED ON BOTH THE
BUILDING OWNER'S PROPERTY AND THE PROPERTY LEASED BY THE BUILDING OWNER, NEITHER PROPERTY MAY BE SOLD,
TRANSFERRED, OR CONVEYED SEPARATELY (PARAGRAPH 2.02). THE LEASE AGREEMENT WILL ALSO BE RECORDED IN THE
OFFICE OF THE REGISTER OF DEEDS (PARAGRAPH 2.03).
8. List attachments to be considered as part of the petitioner's statements (i.e., model code sections, test reports, research articles, expert
opinion, previously approved variances, pictures, plans, sketches, etc.).
SEE ATTACHED PLAN(S) SHOWING COMPLETE PROPERTY IN QUESTION AND AREAS OWNED BY THE BUILDING OWNER AND
LEASED BY THE BUILDING OWNER; PREVIOUSLY APPROVED VARIANCE DATED 10/23/97 ALLOWING OPENINGS IN PARTY WALL TO
CONNECT BUILDINGS ON SEPARATE PROPERTIES.
Page 2 of 2
Owner's Name
BANNER PACKAGING INC.
Project Location
3550 MOSER STREET OSHKOSH, WI 54901
VERIFICATION BY OWNER - PETITION IS VALID ONLY IF NOTARIZED WITH AFFIXED SEAl AND ACCOMPANIED BY REVIEW FEE
Note: Petitioner must be the owner of the building or system or credential applicant for a Comm 5 petition. Tenants, agents, designers, contractors,
attorneys, etc" shall not sign petition unless Power of Attorney Is submitted with the Petition for Variance Application.
KEITH A. NEUENS, being duly swom, I state as petitioner that I have read the foregoing petition and I believe it is true and that I have significant
ownership rights to the subject building or project.
MAKE CHECKS PAYABLE TO DEPT. OF COMMERCE
Attach check here.
TOTAL AMOUNT DUE
Subscribed and sworn Notary Public
to before me this date ~
Complete other side for variance requests from Comm 20-25 and Comm 61-65
SBD.9890X (R 0212004) (Ch"k om w,b,ite ""no:llwww.wmn""""" wi.u,ISB/SB.Di,Fom~."!ml fmlh, m",!owren! ""ion of !hi, 'onn)
Fire Department Position Statement
To be completed for variances requested from Comm 61-65, Comm 10, Comm 16, and other fire related requirements.
I have read the application for variance and recommend: (check appropriate box)
0 Approval 0 Conditional Approval 0 Denial 0 No Comment
Explanation for recommendation including any conflicts with local rules and regulations and suggested conditions:
Fire Department Name and Address
CITY OF OSHKOSH FIRE DEPARTMENT - 101 COURT STREET, OSHKOSH
Name of Fire Chief or Designee (type or print)
GREGORY D. PIPER, BATTALION CHIEF FIRE PREVENTION
Signature of Fire Chief or Designee
Telephone Number
920-236-5241
Date Signed
MUNICIPAL BUILDING INSPECTION RECOMMENDATION
To be completed for variances requested from Comm 20-23. Also to be used for Comm 16 electrical petitions, if Comm
61-65 plan review is by municipality or orders are written on the building under construction; optional in other cases.
Please submit a copy of the orders
I have read the al?Pl~ion for variance and recommend: (check appropriate box)
0 Approval ~onditional Approvai 0 Denial 0 No Comment
Explanation for recommendation including any conflicts with local rules and regulations and suggested conditions:
-rk...oø!.,Á 'fk t"l!l!ov-dtJ ~~ee.........f/ :t..~ ./!ell- 'lltt.. ;..fe..f of ~ l'1>cÙ MJ///
JI'. ~ø.'¡'"s; ¡;:'t!J.
NON PRECEDENT PETITION
CODE SECTION: TABLE 51.03-B
YEAR OF CODE: 1997
CODE REQUIREMENT: Openings not permitted in wall within 5 feet of property line.
VARIANCE REQUESTED: Allow an opening in a party wall to connect buildings on
separate properties
KEY WORDS: Party Wall; Property Line
RESTRICTIONS: Opening mayor may not be protected by a fire door assembly. If a
fire door is provided, the buildings will be considered as separate buildings. If no fire
door is provided, the combination will be considered as one building, take lowest class of
construction present, and must meet applicable area limitations, and other occupancy
limitations and separations as appropriate.
CONDITIONS:
1. Both owners must want the opening. In addition to the petition submitted by one of
the owners, a letter from the other owner must be submitted indicating agreement to
have the opening.
2. The opening can not serve as an exit or exit access for either building.
3. Either the petitioner on the petition documents, or the other owner in the letter of
agreement, must indicate that they will be responsible for closing the opening per
code in the future should either owner no longer want the opening.
4. A copy of the petition approval letter must be filed with the Register of Deeds on the
file for both properties.
COMMENTS:
DATEPUTONUST: 10/23/97
BY: Clyde Bryant
";
'.<
AGREEMENT
Do,"men' TIne
DOCUMENT NO.
THIS AGREEMENT is made and entered into as of the I" day of August, 2004, by and
0 between Charles A. Fernau and Lorraine L. Fernau, as lrustees of the Charles and Lorraine
Fernau Revocable Tr\lSt dated May 23, 2000 (the "Fernau Trust") and Barmer Packaging,
Inc., a Wisconsin corpro>ration ("Banner").
L RECITALS
1.01
The Fernau T1I'USt is the owner of the following described rea! estate ("Fernau Real
Estate"):
A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of
Section One (I), Tov.nship Eighteen (18) North, Range Sixteen (16) East, Fifteenth NAMe AND RETURN ADDRess
(15"') Ward, City of Oshkosh, Winnebago County, Wisconsin containing 21.33
acres of land, more or less, and being described as fonows:
Commencing at the North 114 comer of said Section One (1); thence South 00
degrees 02 rnË!m1tes 44 seconds East, along the West line of said Northeast Quarter
(NE 114), a dËstance of 1318.61 feet to the point of beginning; thence continuing
South 00 deg¡æes 02 minutes 44 secDnds East, along the West line of said Northeast
Quarter (NE U!4), a distance of 1318.60 feet; thence South 89 degrees 35 minutes
16 seconds East, along the South line of said Northeast Quarter (NE 1/4), a
distance of 614.97 feet; thence North 02 degrees 27 minutes 32 seconds East, along
the Westerly right-of-way line of Canadian National Railway Company, 1321.98 feet;
thence North 89 degrees 47 minutes 23 seconds West, along the North line of the
Southwest Qœarter (SW 1/4) oftheNortheastQuaríer (NE 1/4) of said Section One (1),
a distance ofí132.72 feet to the point of beginning. Subject to an easements and restrictions ofrecord.
ATTORNEY RUSSELLJ. REFF
P.O. BOX 1190
OSHKOSH, WI 54903-1190
Parcel Identification Number(PIN)
I
1.02
Banner is the >owner of the following described real estate ("Banner Real Estate"):
Apart ofthe Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 114) of Section One (1), Township Eighteen (18) North,
Range Sixteem(16) East, Fifteenth (15"') Ward, City of Oshkosh, Winnebago County, Wisconsin containing 7.29 acres of land,
more or less, amd being described as follows:
Commencing oat the North 1/4 corner of said Section One (1); thence South 00 degrees 02 minutes 44 seconds East, aiDngthe
West line of said Northeast Quarter (NE 1/4), a distance of 947 .25 feet to the point of beginning; thence North 89 degrees 27
minutes 07 seconds East 300.00 feet; thence Northeasterly 491.01 feet along the arc ora curve to the left, having a radius of
477.47 feet amd a chord that bears North 59 degrees 59 minutes 28 seconds East 469.96 feet; thence South 89 degrees 47 minutes
23 seconds EBlst 54.66 feet; thence Southerly along the Westerly right-of-way line of Canadian National Railway Company
42.83 feet alomg the arc of a non-tangent curve to the left, having a radius of2897.79 feet and a chord that bears South 03
degrees 41 tIIÚI\ltes 06.5 seconds West 42.83 feet; thence Southerly along the Westerly right-of-way line ofCanadiJm National
. Railway Com¡pany 99.67 feet along the arc of a curve to the left, having a radius of 4316.43 feet and a chord that bears South 03
degrees 07 mfu:¡utes 06 seconds West 99.67 feet; thence South 02 degrees 27 minutes 32 seconds West, along the Westerly right-
of-way line of Canadian National Railway Company, 469.78 feet; thence North 89 degrees 47 minutes 23 seconds West, along
the South line of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section One (I), a distance of732.7
feet; thence l'OOrth 00 degrees 02 nùnutes 44 seconds West, along the west line of said Northeast Quarter (NE 1/4), a distance Df
m." .. m '" p,,", 0,"_. rr:;, f{J; ~ i
This information must be C/iJlmpleted by submmer: dooument mle. name & return address. and PIN (if required). Other information such as the granting
clauses, legal description, eIIc. may ba placed on this first page of the document or may ba placed on addítìonal pages of the document. Note: Use of this
cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes 59.517.
WRDA 2/96
. '.
,.
1.03
1.04
1.05
Banner is leasmg the Fernau Real Estate under a long-tenn Ground Lease and has the option to purchase the
Fernau Real Estate upon the occurrence of certain events.
Banner is the owner of a commercial buildmg at 3550 Moser Street, Oshkosh, Wisconsm, which
commercial building is constructed partially on the Fernau Real Estate and partiaJIy on the Banner Real
Estate.
The Fernau Trust and Banner are entering into this Agreement for the purpose of addressing certain zoning
and buildmg code issues related to the fact that the aforementioned commercial buildmg is constructed on
two (2) parcels which currently have different ownership.
ll. AGREEMENT
NOW, TIIEREFORE, m consideration of the mutual covenants and agreements contamed herein atld other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
2.01
2.02
2.03
2.04
Recitals. The foregoing recitals are adopted by the parties, incoIporated herein and made a part of this
Agreement.
Restriction on Sale. The parties agree that so long as the aforementioned conuneIcial building is in
exi¡;tence and portions thereof are located on the Fernau Real Estate and Banner Real Estate neither the
Fernau Real Estate, nor the Banner Real Estate, may be sold, transferred or conveyed separalely. The
foregoing restrictions shall not apply to a change in the ownership of the Banner Real Estate in connection
with the sale of the business operated in the commercial building; provided that Banner's rights under the
Ground Lease are also assigned to the transferee or a trausfer of the Fernau Real Estate as the result of the
death of Charles or Lorraine Fernau; provided that the transferee takes the property subject to the terms of
the Ground Lease.
Recording. This Agreement shall be recorded in the office of the Regisler of Deeds for Winnebago
County, Wisconsin.
Binding Effect. This Agreement shall run with the Fernau Real.Estate and the Banner Real Estate and shall
be binding upon and inure to the benefit of all current and future owners of said real estate.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first written
above.
FERNAU
CHARLES AND LORRAJNE/REVOCABLE TRUST
DATED MAY 23,2000:
By:e¿I!J'I~~ h.-f4ACU'L
Charles A. Fernau, Trustee
~.~
. <t~ .~a..<-<:./
Lo . e L. Fernau, Truste
BANNER PACKAGING, INC.:
~
~~~
Jame Ransom, President
2
AUTHENTICATION
-¥I--
ignatures of Charles A. Fernau, Lorraine L. Fernau and James W. Ransom authenticated tl1Ïs~ day
,2004.
This document was drafted by:
Russell J. Reff, Attorney at Law
Reff, Baivier, Benningham & Lim, S.C.
217 Ceape Avenue, P.O. Box 1190
Oshkosh, WI 54903-1190
3
.'
895 W. 20th Avenue - P.O. Box 2157
Oshkosh, WI 54903-2157
(920) 235-3350 Fax (920) 235-3419
November 8, 2004
[(1 NEYE ~
Building Solutions Since 1888
Wisconsin Department of Commerce
Safety and Buildings
1340 East Green Bay Street, Suite #300
Shawano, Wisconsin 54166
Attn: Mr. Adam Muliawan
Reference: Banner Packaging Inc., Oshkosh
Transaction No.1 025880
Dear Adam:
We just received an approval for a petition for varianqe for the above project
(Transaction No.1 059691) for previously crossing a property line with two different
property owners with one building without a firewall (1992 condition).
Also, we received notice that a Germane Modification to the building code sections
910.1 and 910.2 was submitted to the legislature October 4, 2004 which would
exempt ALL buildings with an approved fire sprinkler system from being required to
have smoke and heat vents and smoke curtains. We had previously requested and
received a variance to use ESFR heads in lieu of smoke and heat vents and smoke
curtains and now, given the Germane Modification, would like to amend our project
to include ESFR heads ONLY in high-piled storage and to include standard
approved fire sprinkler system in other factory F-1 use areas. We have received a
code interpretation from Mr. Tom Kasper from the Department of Commerce that
indicates that ESFR heads would be required ONLY in areas with high-piled storage,
e-mail attached.
Thank you for your review and please contact me if you have any questions.
Sincerely,
"ij ao~Y
li';L AlA
p~i Architect
Cc:
Allyn Dannhoff, City of Oshkosh Inspections
Greg Piper, City of Oshkosh Fire Department
Brian Dobish, C. R. Meyer
Pete LeCompte, C. R. Meyer
IcilBanner!Converting Area & Finished Product Warehouse! Adam Muliawan 11-08-04
"",,-, commerce. wi.gov
~ i!~!>J~!lQ
P. O. Box 7970
Madison, Wisconsin 53707
(608) 26&-1018
TDD #: (608) 264-8777
Jim Doyle, Governor
Cory L Nettles, Secretary
October 4, 2004
The Honorable Cathy Stepp, Chair
Senate Committee on Economic Deveiopment,
Job Creation and Housing
Room 7 South, State Capitol
Madison, WI 53707-7882
The Honorable Stephen Nass, Chair
Assembly Committee on labor
Room 12 West, State Capitol
Madison, WI 53708-8953
Dear Senator Stepp and Representalive Nass:
The Departmenl of Commerce is submilling a germane modification 10 Clearinghouse Rule
Number 04--016, relating to construction of public buildings and places of employment. This
modification is being submitted pursuant to section 227.19 (4) (b) 3. of the statutes.
This modification conSists of eliminating requirements to install rooftop smoke and heat vents
and ceiling curtain boards in buildings that are protected by an approved automatic sprinkler
system. Specifically, the requirements in section 415.6 of the International Building Code@
would be eliminated, and IBC seclion 910.1 would be expanded 10 exempt any building
protecled by an approved automatic sprinkler system. This modification would nol prevent a
local unit of government from requiring rooftop smoke and heat vents and ceiling curtain boards
in buildings other Ihan multifamily dwellings.
The modification is allached for your reference, along with a revised summary of the treatment
sections of Clearinghouse Rule Number 04-016, reflecting Ihe renumbering of seclion Comm
62.0415 and the creation of section Comm 62.0415 (2), to include this modification.
In the attached modification, SECTIONS 40m and 40n are intended 10 be inserted after
SECTION 40 in the previously submitted rules in final draft form, and SECTION 53 is intended
to be substituted for SECTION 53 in Ihat previous submillal.
If you have any questions regarding this maller, please contact David Storey at 267-0754.
Sincereiy,
Cory L. Nettles
Secretary
Enclosures 2
Fife reference: MUFU/Germane mod
Germane Modification to Clearinghonse Rule 04-016
SECTION 40m. Comrn 62.0415 is renumbered Comrn 62.0415 (1).
SECTION 40n. Comrn 62.0415 (2) is created to read:
Comm 62.0415 (2) The requirements in IBC section 415.6 are not included as part of
this code.
SECTION 53. Comrn 62.0910 is created to read:
Comm 62.0910 Smoke and heat vents, and curtain boards. (1) EXCEPTION.
SubstitUte the following wording for the exception in IBC section 910.1: Buildings protected by
an approved automatic sprinkler system.
(2) GROUPS F-l AND S-1. Substitute the following wording for the requirements in
IBC section 910.2.1: Buildings and portions thereof used as Group F-l or S-l occupancies
having more than 50,000 square feet in area that is undivided by full-height walls having smoke
resisting characteristics which are similar to those úuder IBC section 910.3.4.1.
(3) HIGH-PILED COMBUSTIBLE STORAGE AREAS. This is a department
exception to the requirements in IBC section 910.2.3: Smoke and heat vents are not required for
high-piled combustible storage areas that are protected by an early suppression fast-response
automatic sprinkler system installed in accordance with NFP A 13.
(4) DESIGN AND INSTALLATION. Substitute the following wording for the
requirements in IBC section 910.3: The design and installation of smoke and heat vents and
curtain boards shall be as specified in IBC section 910.3 and IBC Table 910.3.
(5) CURTAIN BOARD DEPTH IN GROUP F-1. This is an additional department
footnote to IBC Table 910.3, for use in detennining the minimum curtain board depth in a Group
F-l occupancy: Footnote d. H is the height of the vent above the floor.
(6) CURTAIN BOARD LOCATIONS. Substitute the following wording for the
requirements in IBC section 910.3.4: Where curtain boards are required by the International
Fire Code, they shall be provided in accordance with IBC section 910.3
(End)
File reference: MUFU/MUFU Rules2GM
Tim Carlson
From:
Sent:
To:
Cc:
Subject:
Kasper, Tom [tkasper@commerce.state.wLusj
Monday, November 08, 2004 7:37 AM
Tim Carlson
Pete LeCompte
RE: Transaction 10 #1059691 - Variance for Banner Packaging, Oshk osh
Tim - Sorry for the delay.
allow
omission of smoke and heat vents if the BUILDING is sprinklered with any
normally acceptable sprinkler system. This is in exception to the
previously applicable exception for just sprinklering the high-piled
storage
AREA with ESFR sprinklers.
The modification to the code package would
Tom
tim
-----Original Message-----
From: Kasper, Tom [mailto:tkasper@commerce.state.wi.usJ
Sent: Friday, October 29, 2004 4:58 PM
To: Tim Carlson
Subject: RE: Transaction ID #1059691 - Variance for Banner Packaging,
Oshk osh
Tim - Attached is the final letter with a clarification in comment #3
that
the building meets unlimited requirements either under the current or
previous code. I will be mailing the owner's copy of the letter.
I don't have an answer for you on the sprinkler issue yet but hope to on
Monday.
Tom
-----Original Message-----
From: Tim Carlson [mailto:TCarlson@crmeyer.com]
Sent: Monday, October 25, 2004 9:49 AM
To: 'Kasper, Tom' .
Subject: RE: Transaction ID #1059691 - Variance
Oshk osh
for Banner Packaging,
Tom,
Thanks for responding with the draft. The only question I would have is
that the existing building does not meet the 60 foot 'public' space for
unlimited area, unless a railroad R.O.W. and drainage easement on the
neighbor's property would be acceptable or if it is 'grandfathered' in
as it
was built in 1978, 1982 and 1984 (areas which don't meet the public
space
requirement) then a 3-hour fire wall was added to separate the prior
areas
for insurance reasons prior to expanding with the 1988, 1992 and 2000
additions.
Also, on this same project, we submitted our drawings to FM for approval
on
behalf of the owner and the FM reviewer has questions why we. need ESFR
heads
in the F-l and S-l high-piled storage areas because of the Germane
Modification to the code 910.1 and 910.2 dated 10/4/04. I have read the
Germane text as has my supervisor, an architect, and the way we
understand
the modification text is that: a) all buildings with sprinklers are
exempted
from smoke/heat vents and curtains UNLESS b) one of the other conditions
exist such as F-l and S-l occupancies over 50, OOOsf which are undivided
and
high-piled storage plus the other paragraphs.
correctly or is FM interpreting this correctly
eliminates smoke/heat vents and smoke curtains
suppression system in lieu of ESFR heads?
Am I interpreting this
that the first exemption
with a standard approved
Thanks for taking your time in answering these questions and for the
variance. It is appreciated.
Tim Carlson
-----Original Message-----
From: Kasper, Tom [mailto:tkasper@commerce.state.wi.us]
Sent: Wednesday, October 20, 2004 11:26 AM
To: Tim Carlson
Subject: RE: Transaction ID #1059691 - Variance for Banner Packaging,
Oshk osh
Tim - Sorry for the delay.
know
Please review the attached draft and let me
if there are any concerns.
Tom
-----Original Message-----
From: Tim Carlson [mailto:TCarlson@crmeyer.com]
Sent: Tuesday, October 19, 2004 9:12 AM
To: 'TKASPER@COMMERCE.STATE.WI.US'
Subject: Transaction ID #1059691 - Variance for
Oshkosh
Banner Packaging,
Tom,
According to'the computer, this transaction # has been received on
8/31/04
for a 9/13/04 appt., but no action is listed. What is the timetable /
. update for this variance?
Thanks!
Tim Carlson
Tim G. Carlson, AIA
C. R. MEYER AND SONS COMPANY
920-235-3350 (ext. 269)
tcarlson@crmeyer.com