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CITY COUNCIL
MANUAL
2025
FORM OF
GOVERNMENT
STATUTES
&
ORDINANCES
Form of Government
Form of Government
The City of Oshkosh operates under the council-manager form of government. The
council-manager form of government was created in the early 1900’s during Wisconsin’s
Progressive Era of politics and was seen as a method to provide efficient local
government with less political influence and potential corruption.
Under council-manager government, voters elect a non-partisan council who exercises
all legislative and general ordinance powers, and who then select and employ a city
manager. The manager, who serves at the pleasure of the council, must be selected on
merit, based on professional training and experience in municipal management.
The manager acts as the chief executive and administrative officer.
Oshkosh adopted the council-manager form of government via a referendum in 1956. In
1978, the council changed the name of the council president to mayor and granted the
mayor the responsibility to appoint, subject to council approval, all board and
commission members, but specifically reaffirmed that the city manager retained all other
executive and administrative powers conferred by statute. In 2004, another voter
referendum gave Oshkosh voters the authority to directly elect the mayor seat on the
council.
Oshkosh elects six council members and a mayor on a non-partisan basis, at large, for 2-
year overlapping terms. The mayor is a member of the council and votes on resolutions
and ordinances in the same manner as every other council member; presides over
meetings of the council; performs certain ceremonial duties; and makes appointments to
the city’s boards and commissions, subject to the approval of the council as a
whole. Council members and the mayor receive a small salary for their work on the
council and city’s boards and commissions.
The council acts as a body. Neither the mayor nor any other individual council member
has the authority to act, expend funds, enter contracts, enact legislation or take any other
action without consensus of the other members of the council. The council makes long
range policy decisions for the city, adopts the annual city budget prepared and presented
by the city manager, and levies property taxes upon property within the city. The council
also enacts new city laws, and may amend or repeal existing laws. While Wisconsin
statutes broadly authorize cities to act for the general health, safety and welfare of the
community, as creatures of the state, a city’s authority is not unlimited. In some cases,
the legislature may specifically or by implication prohibit a municipality from enacting
local regulation on some matters. For example, in Wisconsin traffic regulations must be
uniformly consistent throughout the state and cities may not create their own traffic laws
in conflict with the state laws. In other cases, the legislature specifically authorizes
municipalities to act. For example, cities are specifically authorized to take certain actions
such as annexation of property, entering into intergovernmental contracts, entering into
contracts for goods or services, creating zoning districts and regulations, creating tax
incremental finance districts, and issuing municipal licenses such as alcohol beverage
licenses.
The city manager implements the policies adopted by the council; appoints, supervises
and removes department heads and other city employees with the exception of the police
and fire departments who are appointed by the police and fire commission, and the
library director, who is appointed by the library board; directs general city operations;
signs contracts and other documents; acts as the city’s spokesperson; and prepares the
city’s annual budget within parameters established by the council.
Statutes and Ordinances
Wisconsin Statutes
Chapter 64 - Other Forms of City Government
Subchapter I - City Manager Plan
64.07 Powers of council; its organization; quorum; meetings.
(1) The council shall possess and exercise all legislative and general ordinance powers
imposed and conferred by general law or special charter upon the mayor and
common council and the various boards and commissions not inconsistent with
ss. 64.01 to 64.15, and in force in such city at the time of its reorganization and such
additional powers as are hereinafter imposed and conferred, but such council shall
not have the power to enact special executive or administrative orders, it being the
intent of ss. 64.01 to 64.15 to separate the legislative and executive powers of city
government.
(2) At its first meeting the city council shall select by majority vote one of its members
to act as president. The president shall be the presiding officer of the council and
shall have a vote but shall have no veto power.
(3) A majority of the members of the council shall constitute a quorum, and a majority
vote of all the members of the council shall be necessary to adopt any ordinance
or resolution.
(4) The ayes and noes shall be called and recorded on the vote upon every ordinance
and resolution.
(5) The council shall provide by ordinance for the time of holding regular meetings
and special meetings shall be called by the president or by any 2 council members
or by the city manager.
(6) All meetings of the council or of any committee thereof, whether regular or
special, shall be open to the public.
History: 1985 a. 135 s. 83 (2).
64.08 Council members, their duties and compensation. The council members shall
devote such time to the duties of their office as the interests and general welfare of the
city demand and shall receive such compensation as determined in the petition,
ordinance or resolution provided for in s. 64.03. The council shall have power by
ordinance to fix the salary of their successors in office.
History: 1985 a. 135 s. 83 (2).
City of Oshkosh Municipal Code
Chapter 2 – Administration
Article I. In General
SECTION 2-1 CITY MANAGER PLAN
The Government of the City of Oshkosh shall operate under a City Manager form of
government under Chapter 64 of the Wisconsin Statutes, pursuant to the charter
ordinance adopted by referendum on November 6, 1956.
SECTION 2-2 ELECTIVE OFFICIALS; TERMS; PRIMARY ELECTIONS
(A) Which Officials Elected
The elective officials of the City of Oshkosh shall include:
(1) A Mayor nominated and elected from the city at large to serve a two (2) year
term; and
(2) Six (6) Council Members nominated and elected from the city at large to serve
a two (2) year term.
(B) Eligibility
Any person possessing the qualifications of an elector in the City of Oshkosh shall
be eligible to election as Mayor or as a Council Member.
(C) Primary Required
A primary election shall be held in the city for the office of Mayor or Council
Member whenever the number of candidates exceeds twice the number of the
position to be filled.
SECTION 2-3 DESIGNATION OF LOCAL PUBLIC OFFICIALS
For purposes of complying with State Statutes pertaining to Local Public Officials, the
Common Council hereby finds and declares the following offices, positions and persons
to be Local Public Officials:
A) Members of the Common Council
B) Members of the Boards and Commissions of the City of Oshkosh
C) The City Manager
D) Designated Heads of Staff Offices and Departments of the City of Oshkosh
[Statutory References §19.42(7w)(d), 19.32 (1dm), 19.36(11), 19.35(1) Wis.
Stats.]
SECTION 2-4 TIME OF TAKING OFFICE; ELECTED OFFICIALS
The regular terms of the Mayor and Council Members shall commence on the third
Tuesday in April following their election. [Statutory Reference §64.05 Wis. Stats.]
SECTION 2-5 PROCEDURE TO FILL COUNCIL VACANCIES
Pursuant to the terms and conditions of Sec. 17.23, Wis. Stats., in the event of a vacancy
on the City Council, the City Clerk shall, within 14 days of a vacancy or anticipated
vacancy, advertise for and solicit applications from individuals to fill the vacant position.
Completed applications include a letter of interest and current resume’.
Applicants must submit applications to the City Clerk within 30 days of the initial
advertisement of vacancy. Thereafter, at the next regular meeting of the Common
Council, all applicants shall be allowed time to make a presentation regarding their
qualifications to the Council. The Common Council shall then, by majority vote, decide
who will fill the vacancy. [Statutory Reference §§ 17.23, 64.05(2) Wis. Stats.]
ARTICLE III. LEGISLATIVE
SECTION 2-9 COUNCIL DUTIES
(A) Appointment and Removal of City Manager
The Council shall select a City Manager. The City Manager shall be selected by
the Council purely on merit. In selecting the City Manager, the Council shall give
due regard to training, experience, executive and administrative ability, efficiency,
general qualifications, and fitness for performing the duties of the office. No
person shall be eligible to the office of City Manager who is not by training,
experience, ability and efficiency well qualified and generally fit to perform the
duties of such office. No weight or consideration shall be given by the Council to
nationality, political or religious affiliations, or to any other consideration except
merit and direct qualifications for the office. Residence in the City or State shall
not be a qualification for the Office of City Manager. The Council may remove the
City Manager from office in accordance with Chapter 64 of the Wisconsin Statutes.
[Statutory Reference §64.09 Wis. Stats.]
(B) Qualifications of Members
The Council shall be the judge of the election and qualification of its members, and
may pursuant to state statute suspend or remove its members for cause. [Statutory
Reference §17.12(1)(a) Wis. Stats.]
(C) Legislative Power
The Council shall possess and exercise all legislative and general ordinance
powers imposed and conferred by general law or special charter upon the Mayor
and Council and the various boards and commissions not inconsistent with
Chapter 64 Wisconsin Statutes. The Council shall not have the power to enact
special executive or administrative orders.
[Statutory Reference §64.07 Wis. Stats.]
(D) Attention to Duty.
Council Members shall devote such time to the duties of their office as the interests
and general welfare of the City demand. [Statutory Reference §64.08 Wis. Stats.]
(E) Power to Fix Salaries.
The Council shall have power by ordinance to fix the salary of any successor
Mayor and its own successors in office. [Statutory Reference §64.08 Wis. Stats.]
(F) Administrative Powers.
The Council shall, upon the report and recommendation of the City Manager, have
the power to create general departments of city administration and to alter,
reorganize or abolish by ordinance any administrative board or commission, with
the exception of the Board of Police and Fire Commissioners. [Statutory Reference
§64.10 Wis. Stats.]
(G) Annual Audit
At the end of each fiscal year, the Council shall cause a full and complete
examination of all books and accounts of the City to be made by competent and
public accountants who shall report in full to the Council. [Statutory Reference
§64.12(4) Wis. Stats.]
(H) To Elect Deputy Mayor
At its first meeting on the third Tuesday following the spring general election the
City Council shall select by majority vote, one of its members to act as Deputy
Mayor, who shall preside over meetings and exercise all duties and responsibilities
of the Mayor during a temporary absence or disability.
SECTION 2-10 COUNCIL MEETINGS
(A) Organizational Meeting
Following a regular city election, the new Council shall first meet on the third
Tuesday of April in each election year at the Council Chambers in the City Hall at
12:00 o'clock noon of said day. [Statutory Reference §64.05(1) Wis. Stats.]
(B) Regular Meetings
(1) Time and Place
The regular meetings of the Council of the City of Oshkosh shall be held in
the Council Chambers of the City Hall or such other place as may be
properly noticed on the second and fourth Tuesday in each month at 6:00
o'clock p.m.; except that if a regular meeting falls upon the same date as an
election the regular meeting of the Council shall be held upon the
Wednesday of that week. [Statutory Reference §64.07(5) Wis. Stats.]
(C) Special Meetings
Special meetings of the Council may be called by the Mayor of the Council, the
City Manager, or any two members of the Council and shall be held in the Council
Chambers or such other place as may be properly noticed. No other business shall
be transacted at a special meeting except as specified in the notice of such meeting.
[Statutory Reference §64.07(5) Wis. Stats.]
(D) Adjournments
Any regular or special meeting of the Council at which there shall be a quorum
present may adjourn to a day and time fixed, at which time such meeting may in
like manner be further adjourned; provided, however, that no such adjournments
shall be to a time later than the next regular meeting.
(E) Meetings Shall Be Public
Except as such meetings may be properly convened in closed session, all meetings
of the Council, whether regular or special, shall be open to the public as provided
in the Wisconsin Open Meetings Law, and all of the Council's official actions shall
be recorded by the City Clerk or under authorization of the Clerk in record books
kept for that purpose.
[Statutory Reference §§ 64.07(6), 19.83(1), 19.85 Wis. Stats.]
(F) Call to Order
The Mayor shall promptly call each meeting to order at the hour fixed for the
holding of such meeting.
(G) Roll Call and Quorum
Before proceeding to business, the roll of the members of the Council shall be
called and the names of those present and those absent shall be entered into the
minutes by the Clerk or under the Clerk's authorization. A majority of the
members of the Council shall constitute a quorum for the transaction of business,
but a lesser number can adjourn any meeting and shall have power to compel the
attendance of absent members. [Statutory Reference §64.07(3) Wis. Stats.]
(H) Disturbance, How Suppressed
Whenever any disturbance or disorderly conduct shall occur in the Council
Chambers or rooms or halls adjacent thereto, the Mayor shall have power and
authority to cause the same to be cleared of any or all persons except members of
the Council.
SECTION 2-11 DUTIES OF THE MAYOR
The Mayor shall be the presiding officer of the Council and shall have a vote but no veto
power. It shall be the general duty of the Mayor or other presiding officer:
(A) Preside at Meetings
To open the session at the time fixed for the meeting, or at the time to which
adjournment may be had, by taking the chair and calling the members to order.
(B) Announcement of Quorum
To announce or to have announced, at the conclusion of the roll call, the fact of the
presence of a quorum or not, as the case may be.
(C) Presentation of Business.
To announce or to have announced, the business before the Council in the order
in which it is to be acted upon.
(D) Receive Motions.
To receive and submit, in proper manner, all motions and propositions presented
by members.
(E) Supervision of Voting
To put to a vote the questions which are regularly moved or which necessarily
arise in the course of the proceedings, and to announce or to have announced the
result.
(F) Enforce Rules of Order
To restrain the public and members of the Council within the rules of order while
the Council is meeting and engaged in debate.
(G) Rule on Points of Order
To rule on any point of order or practice, subject to an appeal by any member.
(H) Issue Proclamations
To issue all proclamations.
(I) Appointments
To appoint, subject to Council approval, members to the various Boards and
Commissions within the City.
SECTION 2-13 SUBSTITUTION OF PRESIDING OFFICER
The Mayor or other presiding officer of the Council may call the Deputy Mayor or a
member to the Chair to temporarily preside over the meeting in the case of conflict of
interest, illness, or other matter requiring the presiding officer to temporarily remove
him/herself from the position of presiding officer, but such substitution shall not extend
beyond an adjournment.
SECTION 2-14 TEMPORARY PRESIDING OFFICER
In the absence of the Mayor and the Deputy Mayor, one of the Council Members shall be
elected to preside temporarily until the return of the Mayor or Deputy Mayor.
SECTION 2-15 ORDER OF BUSINESS
An agenda shall be prepared for all meetings of the City Council by the City Manager.
Items may be placed upon the agenda by the City Manager, Mayor or any member of the
Common Council. An item placed on the agenda may be removed from the agenda prior
to the meeting by the City Manager or in the case of items placed on the agenda by the
Mayor or other Council Member, by the member so placing the item upon the agenda.
The general order of business of Council meetings shall be as follows:
(A) Roll Call
(B) Invocation
(C) Pledge of Allegiance
(D) Public Hearings, if any.
(E) Consent Agenda, including receipt and filing of minutes, reports, receipt
of claims and those items of a routine or administrative nature which are
recommended for approval by staff
(F) Resolutions not included upon the Consent Agenda
(G) Ordinances
(H) City Council Discussion, Direction and Future Agenda Items
(I) City Manager Announcements and Statements, including the reporting of
any administrative actions taken which require Council confirmation
(J) Adjournment
The Council may provide in its rules for periods of public comment to be included
within the agenda.
The City Manager or Council may include within the general order of business
additional items not requiring formal vote of the Council, such as proclamations,
presentations, information gathering, announcements and statements, and other
matters, without temporarily suspending the rules as provided herein.
The City Manager may change the general order of business within the published
agenda as such change may be required for the adoption of particular measures or as
may be appropriate for the efficient conduct of the meeting, without temporarily
suspending the rules as provided herein.
Items that are considered routine and/or non-controversial may be placed on the consent
agenda for adoption. When a consent agenda is used, all items listed upon the consent
agenda shall be approved, adopted, enacted or otherwise favorably resolved by a single
motion, seconded and adopted by a majority vote of all members of the council. Items
on the consent agenda may be individually commented upon or discussed, but must be
removed from the consent agenda for a negative vote. Upon the request of a Council
Member or a citizen an item will be pulled from the consent agenda and be considered
as a separate issue.
The published order of business may be temporarily suspended at any meeting by 2/3
majority vote of those members of the Council present and voting.
SECTION 2-16 RULES OF ORDER AND PROCEDURE
(A) Resolutions
All resolutions including those which would result in a charge of money against
the City may be acted upon at the same meeting at which they are formally
introduced in written form.
(B) Ordinances
Every ordinance shall receive two separate readings prior to its passage. Unless a
request for reading the ordinance in its entirety is made by a member of the
Council, reading by title only shall be sufficient and reading in full shall not be
required. Where an ordinance shall have the effect of amending, altering or
adding to the code of general ordinances, it shall so indicate, stating the section
number affected. All ordinances shall be open to any pertinent amendment at any
time until their final passage.
(C) Petitions and Communications
All petitions and communications addressed to the Council or intended for
Council action received by 4:30 p.m. of the Thursday preceding the Council
meeting shall be reported as received on the agenda of that meeting. This shall
have the effect of giving the Council an opportunity to study all petitions and
communications before they appear on an agenda for official action.
(D) Requests and Reports
All requests and reports addressed to the Council or intended for Council action
shall be included in the City Manager's report. Adoption of the Manager's report
shall have the effect of authorizing action in accordance with any requests or
reports. All requests and reports received by 4:30 p.m. of the Thursday preceding
the Council meeting shall be included in the report of that meeting. This shall have
the effect of giving the Council an opportunity to study all requests and reports
before they appear on an agenda for official action.
(E) Voting Procedures
An aye and no vote shall be called with the Mayor of the Council being called last,
and recorded on the vote of every ordinance, resolution and expenditure of money
and shall be taken upon any other matter requested by a Council Member. In the
event that a Council Member declines to vote, the Clerk shall record the vote as
"present." A majority vote of all members of the Council shall be necessary to
adopt any ordinance or resolution, except where a greater number is required by
law. [Statutory Reference §64.07(3) Wis. Stats.]
(F) Claims and Accounts
All claims and accounts against the City shall be filed with the City Clerk who
shall, after their audit and approval by the City Manager, present the same to the
Council for final disposition.
(G) Rules of Order
The Council shall be governed by such rules of order as the Council may adopt
from time to time, as may be necessary for the efficient conduct of its business.
The most recent version of Roberts Rules of Order may be used for guidance if a
matter is not addressed within the Council’s adopted Rules of Order. Every
member shall address the presiding officer before speaking and shall not be
interrupted except by a call to order.
(H) Suspension of Rules of Order and Procedure
These rules or Council rules adopted under this authority, may be temporarily
suspended at any meeting by a two-thirds vote of all members of the Council. The
vote shall be ayes and noes and shall be so recorded.
(I) Amendment of Rules
These rules shall not be changed, amended or repealed unless the proposition or
amendment is introduced in writing at a regular meeting and the same is laid over
for consideration to a subsequent meeting with at least two weeks intervening.
City of Oshkosh
Organizational
Chart
Purpose and
Interrelationships of City
Entities
City Council Members
7 Members
2 Year Terms
City Council Members
7 Members
2 Year Terms
City Manager
1 City Manager
1 Executive Assistant
2
City Manager
1 City Manager
1 Executive Assistant
2
Administrative Services Department
1 Assistant City Manager / Director of
Administrative Services
1
Administrative Services Department
1 Assistant City Manager / Director of
Administrative Services
1
General Services Division
1 General Services Manager
1 Purchasing Agent
1 Office Assistant
1 Facilities Maintenance Supervisor
7 Facilities Maintenance Techs
1.64 Maintenance Workers
1 Facilities Project Coordinator
1 Plumber
1 Communications Coordinator
1 Media Services Coordinator
1 Video Editing Technician
17.64
General Services Division
1 General Services Manager
1 Purchasing Agent
1 Office Assistant
1 Facilities Maintenance Supervisor
7 Facilities Maintenance Techs
1.64 Maintenance Workers
1 Facilities Project Coordinator
1 Plumber
1 Communications Coordinator
1 Media Services Coordinator
1 Video Editing Technician
17.64
Human Resources
1 Human Resources Manager
1 Benefits Coordinator
1 Safety and Risk Management Officer
2 Human Resources Generalists
1 Human Resources Assistant
6
Human Resources
1 Human Resources Manager
1 Benefits Coordinator
1 Safety and Risk Management Officer
2 Human Resources Generalists
1 Human Resources Assistant
6
Information Technology Division
1 Information Technology Manager
1 Network Administrator
2 Systems Analysts/Web Developers
1 GIS Administrator
1 GIS Technician
1 Desktop Support Technician
1 Help Desk Specialist
1 Telecommunications Specialist
1 Tech. Support Services Coordinator
10
Information Technology Division
1 Information Technology Manager
1 Network Administrator
2 Systems Analysts/Web Developers
1 GIS Administrator
1 GIS Technician
1 Desktop Support Technician
1 Help Desk Specialist
1 Telecommunications Specialist
1 Tech. Support Services Coordinator
10
City Clerk Department
1 City Clerk
1 Deputy City Clerk
2 Elections Specialist
4.00
City Clerk Department
1 City Clerk
1 Deputy City Clerk
2 Elections Specialist
4.00
Community Development
Department
1 Director of Community
Development
1 Administrative Assistant
2
Community Development
Department
1 Director of Community
Development
1 Administrative Assistant
2
Assessor Services Division
1 City Assessor
3 Property Appraiser
1 Office Assistant
.8 Assessment Tech
5.8
Assessor Services Division
1 City Assessor
3 Property Appraiser
1 Office Assistant
.8 Assessment Tech
5.8
Inspection Services Division
1 Chief Building Official
4 Building Systems Inspectors
1 Plumbing Inspector
1 Housing Inspector
2 Inspection Technician
9
Inspection Services Division
1 Chief Building Official
4 Building Systems Inspectors
1 Plumbing Inspector
1 Housing Inspector
2 Inspection Technician
9
Planning Services Division
1 Planning Services Manager
2 Principal Planner
1 Planners
1 Assistant Planners
1 Associate Planner
1 Zoning Administrator
2 Office Assistants
1 Housing Specialist
10
Planning Services Division
1 Planning Services Manager
2 Principal Planner
1 Planners
1 Assistant Planners
1 Associate Planner
1 Zoning Administrator
2 Office Assistants
1 Housing Specialist
10
Finance Department
1 Director of Finance
2 Assistant Finance Director
1 Payroll Coordinator
1 Staff Accountant
1 Management Analyst
6
Finance Department
1 Director of Finance
2 Assistant Finance Director
1 Payroll Coordinator
1 Staff Accountant
1 Management Analyst
6
Accounting and Collections
Division
4 Account Clerk II
1 Account Clerk lll
2 Financial Specialists
7
Accounting and Collections
Division
4 Account Clerk II
1 Account Clerk lll
2 Financial Specialists
7
Water and Sewer Utility
Division
1 Financial Utility Manager
4 Account Clerk II
1 Customer Service Clerk
6
Water and Sewer Utility
Division
1 Financial Utility Manager
4 Account Clerk II
1 Customer Service Clerk
6
Fire Department
1 Fire Chief
2 Assistant Fire Chief
6 Battalion Chiefs
9 Fire Captains
14 Fire Lieutenants
21 Fire Equipment Operator
59 Firefighter
3 EMS Shift Coordinators
1 Admin Assistant
1 Management Analyst
1 Community Program Coordinator
118
Fire Department
1 Fire Chief
2 Assistant Fire Chief
6 Battalion Chiefs
9 Fire Captains
14 Fire Lieutenants
21 Fire Equipment Operator
59 Firefighter
3 EMS Shift Coordinators
1 Admin Assistant
1 Management Analyst
1 Community Program Coordinator
118
Legal Department
1 City Attorney
1 Deputy City Attorney
1 Assistant City Attorney
1 Paralegal
4
Legal Department
1 City Attorney
1 Deputy City Attorney
1 Assistant City Attorney
1 Paralegal
4
Library
1 Library Director
2 Assistant Library Directors
1 Library Marketing Coordinator
4 Managing Librarians
7 Librarians
1.75 Operations Manager
1 Graphic Artist
1.20 Library Assistant I
14.60 Library Assistant II
1 Library Maintenance Engineer
0.50 Building Maintenance Custodian
5.77 Pages
40.82
Library
1 Library Director
2 Assistant Library Directors
1 Library Marketing Coordinator
4 Managing Librarians
7 Librarians
1.75 Operations Manager
1 Graphic Artist
1.20 Library Assistant I
14.60 Library Assistant II
1 Library Maintenance Engineer
0.50 Building Maintenance Custodian
5.77 Pages
40.82
Museum
1 Director of Museum
1 Assistant Museum Director / Chief Curator
1 Administrative Assistant
1 Exhibit Technician
1 Graphic Artist
1 Curator
1 Curator of Education
1 Marketing Coordinator
1 Registrar
1 Archivist
1 Visitor Services Associate
0.62 Visitor Services Assistant
11.62
Museum
1 Director of Museum
1 Assistant Museum Director / Chief Curator
1 Administrative Assistant
1 Exhibit Technician
1 Graphic Artist
1 Curator
1 Curator of Education
1 Marketing Coordinator
1 Registrar
1 Archivist
1 Visitor Services Associate
0.62 Visitor Services Assistant
11.62
Parks Department
1 Director of Parks
1 Administrative Assistant
1 Marketing/Fund Development Coordinator
1 Special Events Coordinator
4
Parks Department
1 Director of Parks
1 Administrative Assistant
1 Marketing/Fund Development Coordinator
1 Special Events Coordinator
4
Landscape Division
1 Landscape Operations Manager
3 Landscape Operations Ground Specialist
3 Arborists
2 Horticulturist
0.67 PT Office Assistant
9.67
Landscape Division
1 Landscape Operations Manager
3 Landscape Operations Ground Specialist
3 Arborists
2 Horticulturist
0.67 PT Office Assistant
9.67
Parks Division
1 Assistant Director Of Parks
7 Parks Trades Technician
1 Lead Parks Maintenance Worker
3 Parks Maintenance Worker
3 Zoo Specialist
1 Equipment Mechanic
16
Parks Division
1 Assistant Director Of Parks
7 Parks Trades Technician
1 Lead Parks Maintenance Worker
3 Parks Maintenance Worker
3 Zoo Specialist
1 Equipment Mechanic
16
Parks Revenue Facilities
1 Revenue Facilities Manager
1
Parks Revenue Facilities
1 Revenue Facilities Manager
1
Senior Services Division
1 Senior Services Manager
1 Program Supervisor
1 Office Assistant
0.46 Fitness Instructors
0.33 General Instructors
0.27 Building Attendant
0.61 Assistant Activity Coordinator
0.53 Associate Activities Coordinator
2 Activities Coordinators
7.2
Senior Services Division
1 Senior Services Manager
1 Program Supervisor
1 Office Assistant
0.46 Fitness Instructors
0.33 General Instructors
0.27 Building Attendant
0.61 Assistant Activity Coordinator
0.53 Associate Activities Coordinator
2 Activities Coordinators
7.2
Police Department
1 Police Chief
1 Assistant Police Chief
2 Captains
5 Lieutenants
13 Sergeants
7 Detectives
72 Police Officer
5 Liaisons
1 Office Administration Manager Analyst
1 Records Supervisor
1 Office Assistant
1.67 Court Liaison Clerk
1 Administrative Assistant
2 Records and Reports Clerk
1 Crime Analyst
1 Digital Forensic Technician
1.62 Property Evidence Clerk
4.86 Telecommunications Clerk
4.24 Report Processor
1 Fleet Equipment Coordinator
3.96 PT Community Service Officer
1.89 Parking Control
133.24
Police Department
1 Police Chief
1 Assistant Police Chief
2 Captains
5 Lieutenants
13 Sergeants
7 Detectives
72 Police Officer
5 Liaisons
1 Office Administration Manager Analyst
1 Records Supervisor
1 Office Assistant
1.67 Court Liaison Clerk
1 Administrative Assistant
2 Records and Reports Clerk
1 Crime Analyst
1 Digital Forensic Technician
1.62 Property Evidence Clerk
4.86 Telecommunications Clerk
4.24 Report Processor
1 Fleet Equipment Coordinator
3.96 PT Community Service Officer
1.89 Parking Control
133.24
Public Works Department
1 Director of Public Works
1 Assistant Director of Public Works/
Utilities General Manager
1 Management Analyst
1 Administrative Assistant
4
Public Works Department
1 Director of Public Works
1 Assistant Director of Public Works/
Utilities General Manager
1 Management Analyst
1 Administrative Assistant
4
Central Garage Division
1 Public Works Mechanic Manager
1 Fleet & Equipment Repair
Coordinator
6 Fleet & Equipment Mechanics
1 Fleet & Equipment Technician
1 Office Assistant
1 Welder
11
Central Garage Division
1 Public Works Mechanic Manager
1 Fleet & Equipment Repair
Coordinator
6 Fleet & Equipment Mechanics
1 Fleet & Equipment Technician
1 Office Assistant
1 Welder
11
Engineering Division
1 Engineering Manager/City Engineer
1 Civil Engineering Supervisor
1 Construction Management Supervisor
1 Principal Civil Engineer
6 Civil Engineers
3 Civil Engineer Techs I
6 Civil Engineering Tech II
3 Civil Engineering Tech Prog Coordinators
1 Utility Locator I
1 Office Assistant
24
Engineering Division
1 Engineering Manager/City Engineer
1 Civil Engineering Supervisor
1 Construction Management Supervisor
1 Principal Civil Engineer
6 Civil Engineers
3 Civil Engineer Techs I
6 Civil Engineering Tech II
3 Civil Engineering Tech Prog Coordinators
1 Utility Locator I
1 Office Assistant
24
Sanitation Division
1 Public Works Sanitation
Manager
1 Lead Sanitation Operator
9 Sanitation Operator
1 Office Assistant
12
Sanitation Division
1 Public Works Sanitation
Manager
1 Lead Sanitation Operator
9 Sanitation Operator
1 Office Assistant
12
Streets Division
2 Public Works Street
Supervisor
1 Lead Equipment Operator
31 Equipment Operator
1 Street Maintenance Worker
1 Office Assistant
36
Streets Division
2 Public Works Street
Supervisor
1 Lead Equipment Operator
31 Equipment Operator
1 Street Maintenance Worker
1 Office Assistant
36
Utilities Division
1 Utility Operations Manager
1
Utilities Division
1 Utility Operations Manager
1
Wastewater Division
1 Wastewater Treatment Plant Manager
1 Wastewater Maintenance Supervisor
1 Industrial / Electrical Technician
1 Industrial Pretreatment Coordinator
1 Chemist
1 Management Analyst
1 Wastewater Plant Supervisor
1 Electrical Mechanical Technician
1 Instrumentation Technician
1 Lead Maintenance Mechanic
5 Maintenance Mechanics
8 Liquids Operators
3 Solids Operators
1 Utility Operator
27
Wastewater Division
1 Wastewater Treatment Plant Manager
1 Wastewater Maintenance Supervisor
1 Industrial / Electrical Technician
1 Industrial Pretreatment Coordinator
1 Chemist
1 Management Analyst
1 Wastewater Plant Supervisor
1 Electrical Mechanical Technician
1 Instrumentation Technician
1 Lead Maintenance Mechanic
5 Maintenance Mechanics
8 Liquids Operators
3 Solids Operators
1 Utility Operator
27
Water Filtration Plant Division
1 Water Filtration Plant Manager
1 Water Filtration Plant Supervisor
1 Industrial / Electrical Technician
2 Electrical Mechanical Technicians
7 Water Filtration Operators
2 Maintenance Mechanics
2 Environmental Health Specialists
16
Water Filtration Plant Division
1 Water Filtration Plant Manager
1 Water Filtration Plant Supervisor
1 Industrial / Electrical Technician
2 Electrical Mechanical Technicians
7 Water Filtration Operators
2 Maintenance Mechanics
2 Environmental Health Specialists
16
Transportation Department
1 Director of Transportation
1 Administrative Assistant
2
Transportation Department
1 Director of Transportation
1 Administrative Assistant
2
Citizens of Oshkosh Citizens of Oshkosh
City of Oshkosh
Table of Organization
Board of Police and Fire Commission
5 Members
5 Year Term
Board of Police and Fire Commission
5 Members
5 Year Term
Advisory Parks Board
5 Members + 2 Alt Members
3 Year Term
Advisory Parks Board
5 Members + 2 Alt Members
3 Year Term
Museum, Arts & Culture Board
5+2 alt Member
3 Year Term
Museum, Arts & Culture Board
5+2 alt Member
3 Year Term
Extraterritorial Zoning Committee
3 +2 alt Member
3 Year Term
Extraterritorial Zoning Committee
3 +2 alt Member
3 Year Term
Library Board
9 Members
3 Year Term
Library Board
9 Members
3 Year Term
Transportation Committee
5 Members +2 Alt
4 Year Term
Transportation Committee
5 Members +2 Alt
4 Year Term
Bid Board
13 + 2 alt Members
3 Year Term
Bid Board
13 + 2 alt Members
3 Year Term
Redevelopment Authority
7 Members
5 Year Term
Redevelopment Authority
7 Members
5 Year Term
Planning Commission
9 + 2 alt Member
3 Year Term
Planning Commission
9 + 2 alt Member
3 Year Term
Landmarks Commission
7+ 2 alt Members
3 Year Term
Landmarks Commission
7+ 2 alt Members
3 Year Term
Board of Review
5+2 alt Member
5 Year Term
Board of Review
5+2 alt Member
5 Year Term
Board of Zoning Appeals
5+2 alt Member
3 Year Term
Board of Zoning Appeals
5+2 alt Member
3 Year Term
Sustainability Advisory Board
7 members + 2 Alt Members
3 Year Term
Sustainability Advisory Board
7 members + 2 Alt Members
3 Year Term
Long Range Finance Committee
5 Members + 2 alt Member
3 Year Term
Long Range Finance Committee
5 Members + 2 alt Member
3 Year Term
Economic Development
1 Economic Development
Services Manager
2 Economic Development
Specialist
3
Economic Development
1 Economic Development
Services Manager
2 Economic Development
Specialist
3
Transit Division
1 Transit Operations Manager
1 Transit Operations Supervisor
1 Transport. Mechanic & Maintenance Manager
1 Lead Mechanic
2 Transit Mechanics
1 Shop Laborer
18.36 Transit Operators
3 Transit Operator Laborer
1 Transit Operator / Sign
1 Traffic Painter I
1 Traffic Painter II
1 Grants Coordinator
1 Office Assistant
33.36
Transit Division
1 Transit Operations Manager
1 Transit Operations Supervisor
1 Transport. Mechanic & Maintenance Manager
1 Lead Mechanic
2 Transit Mechanics
1 Shop Laborer
18.36 Transit Operators
3 Transit Operator Laborer
1 Transit Operator / Sign
1 Traffic Painter I
1 Traffic Painter II
1 Grants Coordinator
1 Office Assistant
33.36
Electrical Division
1 Electric Traffic Manager
4 Electricians
5
Electrical Division
1 Electric Traffic Manager
4 Electricians
5
Citizen Advisory Boards
Citizen Advisory Boards
Citizen Advisory Boards
Citizen Advisory Boards
Improve and
Maintain our
Infrastructure
Improve and
Maintain our
Infrastructure
Improve Our
Quality of Life
Assets
Improve Our
Quality of Life
Assets
Support Business
Economic
Development
Support Business
Economic
Development
Strengthen Our
Neighborhoods
Strengthen Our
Neighborhoods
Develop an
Effective, High
Performing
Government
Develop an
Effective, High
Performing
Government
Priority Goals
Priority Goals
Vision – A thriving and sustainable community offering abundant
opportunities for work and life
Mission – The City of Oshkosh provides goods and services in pursuit
of a safe and vibrant community
Vision – A thriving and sustainable community offering abundant
opportunities for work and life
Mission – The City of Oshkosh provides goods and services in pursuit
of a safe and vibrant community
Guiding Principles
Can Do Spirit – Serve the Customer with a Confident Can-Do-Spirit
Accountable – Hold Ourselves to the Highest Standards with a Dedication to Preserving the Public Trust
Transparent – Provide the Customer with Information on Our Action and Decisions
Engaging – Actively Pursue Customer Involvement Throughout the Decision Making Process
Economical – Act in a Fiscally Responsible Manner on Behalf of Our Customers
Responsive – Respond to Customers’ Requests Equitably and Fairly in a Timely, Informative and Through Manner
Innovative – Take a Prudent and Creative Approach to Problem Solving
Equitable – Strive to Achieve Equity in the Allocation of Community Resources
Inclusive – Foster Environments that Welcome Individual or Group Differences, in order to Promote Dignity,
Respect, and Opportunity for All People
Guiding Principles
Can Do Spirit – Serve the Customer with a Confident Can-Do-Spirit
Accountable – Hold Ourselves to the Highest Standards with a Dedication to Preserving the Public Trust
Transparent – Provide the Customer with Information on Our Action and Decisions
Engaging – Actively Pursue Customer Involvement Throughout the Decision Making Process
Economical – Act in a Fiscally Responsible Manner on Behalf of Our Customers
Responsive – Respond to Customers’ Requests Equitably and Fairly in a Timely, Informative and Through Manner
Innovative – Take a Prudent and Creative Approach to Problem Solving
Equitable – Strive to Achieve Equity in the Allocation of Community Resources
Inclusive – Foster Environments that Welcome Individual or Group Differences, in order to Promote Dignity,
Respect, and Opportunity for All People
Oshkosh Housing Authority
5 Members
5 Year Term
Oshkosh Housing Authority
5 Members
5 Year Term
02/08/2023
590.04
Diversity, Equity And Inclusion
5 Members + 2 alt Member
3 Year Term
Diversity, Equity And Inclusion
5 Members + 2 alt Member
3 Year Term
Water Distribution Division
1 Water Distribution Manager
1 Assistant Water Distribution Manager
1 Lead Water Equipment Operator
4 Lead Water Maintenance Workers
10 Water Maintenance Workers
2 Office Assistants
19
Water Distribution Division
1 Water Distribution Manager
1 Assistant Water Distribution Manager
1 Lead Water Equipment Operator
4 Lead Water Maintenance Workers
10 Water Maintenance Workers
2 Office Assistants
19
Field Operations Division
1 Field Operations Manager
1
Field Operations Division
1 Field Operations Manager
1
PURPOSE AND INTERRELATIONSHIP OF
COUNCIL, STAFF, BOARDS AND
COMMISSIONS, AND OTHER RESOURCES
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.
Entities independent of the City of Oshkosh -
East Central Wisconsin Regional Planning Commission (ECWRPC): a regional body created
by the State of Wisconsin §66.0309 Wis. Stats. to provide oversight, review and assistance
to local government; ECWRPC has the authority to conduct studies, collect and analyze
data, make and adopt plans for the physical and economic development of the region;
may provide advisory services to local governments including comprehensive planning,
economic development planning, preparation or review of proposed land use regulations,
grant writing, data collection and mapping services.
GO-EDC: Greater Oshkosh Economic Development Corporation is a non-profit
corporation created separately and working independently of the City of Oshkosh which
exists to preserve the health of existing companies, foster a positive entrepreneurial
environment, connect companies to workforce and talent development resources,
enhance the business climate and promote the quality of life in the greater Oshkosh area.
GO-HNI: Greater Oshkosh Healthy Neighborhoods Inc. (GO-HNI) is a non-profit
corporation which is independent of the City of Oshkosh but which works with the City
to promote neighborhood development services including community building and
engagement, real estate development and asset management activities within Oshkosh.
Neighborhood Associations: A neighborhood association is a loosely formed group of
residents and property owners within a geographically defined area within the City of
Oshkosh. While the City of Oshkosh recognizes neighborhood associations, they are not
created by and are independent of the City of Oshkosh.
Oshkosh Convention and Visitors Bureau: The Oshkosh Convention & Visitors Bureau
(OCVB) is a private, not-for-profit organization, funded solely through room tax dollars
from Oshkosh hotels and UW-Oshkosh under an Agreement with the City of
Oshkosh. Its mission is to promote Oshkosh and Winnebago County as a premier
destination for corporate, sports and leisure groups and individual visitors.
Grand Opera House Foundation: A private, not for profit entity responsible for operating
the Grand Opera House under an Agreement with the City of Oshkosh.
Oshkosh
Common Council
Rules of Order
Oshkosh Common Council
Rules of Order
As Amended: March 11, 2025
These Rules are established in accordance with and to supplement the Rules contained in
Chapter 2 of the City of Oshkosh Municipal Code.
I. Scheduling, Location of Meetings, Agenda, Attendance and Remote Participation
A. The Council holds regular meetings on the second and fourth Tuesday of each
month in the Council Chambers. Special meetings may be called upon request by
the Mayor, City Manager or two members of the Council. (See Section 2-10 of the
City of Oshkosh Municipal Code).
B. 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 noticed in accordance with Wisconsin Statutes.
C. When practicable, public meetings will be made available live 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.
D. Agenda
1. Action Items: Council Members must have agenda items submitted no later
than 4:00 PM on the Tuesday one week prior to the Council meeting. Council
members should keep in mind that additional time may be needed to work with
staff to put items into resolution or ordinance form or if clarifications are
necessary; and that items submitted after the deadline may not be included in the
agenda that is published on the Friday prior to the Council meeting.
2. Informational Items: Council members shall inform the City Clerk no later
than 12:00 noon on the day prior to the Council meeting of any Council Member
Statements that they intend to make at the Council Meeting.
E. Attendance
To be considered an excused absence from a Council Meeting a Council Member
must give notice to the Mayor and City Clerk prior to the meeting’s start time.
F. Remote Meetings and Appearances
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 its members, the City Manager and 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 attendance, 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 those persons or 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 council member or other
individual.
“Remote Means, Remote Participation or Remote Appearance” shall mean
participation by a member of a public body or by a member of the public or other
individual in a meeting of that public body, where the member 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.
1) Remote Meetings (Meetings held entirely remotely or with significant remote
participation)
A majority of the Common Council may direct by consensus or majority vote, or the City
Manager in his/her discretion, may provide for Remote Participation in any regular or
special meeting of the Common Council. Remote Participation may include members of the
Council, staff, consultants or presenters, and/or members of the public.
Except as agreed upon by consensus or a majority of the Common Council when scheduling
a particular meeting or workshop; 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); City
Council members must be physically present at City Council meetings to participate and
vote upon any matter. If a meeting includes Remote Participation by members, a council
member may participate remotely and shall retain all participation and voting rights. (This
rule shall not be interpreted to circumvent or supersede any statutes, ordinances or rules
pertaining to abstentions, recusal or removal of members).
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 Council. 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 on agenda items for Council
meetings either in person or by Remote Means must sign up to speak through
the City’s website or the Connect Oshkosh App and if participating remotely
must participate through the City’s meeting link as published on the meeting
agenda.
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 Mayor
or 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 Mayor or 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 All votes shall require a roll call vote – no “all in favor”
2) 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 granted by the Council or the City
Manager or his/her designee. Persons who are permitted to appear in this manner
shall comply with all requirements for Remote Participation listed in paragraph 1)
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 appearances shall not be permitted during any quasi-judicial hearing or
appeal hearing by persons testifying or by members of the Council adjudicating the
matter except under extraordinary circumstances such as a Declaration of Emergency
or Emergency Order.
II. Rules pertaining to Conduct of the Council Meeting / Process to Place Items on
the Agenda / Motions
The following process for placement of items on the Agenda by Council members
and chart governing the most common motions and actions to be taken at Council
Meetings are hereby adopted. The Council chooses 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. Council Liaisons for Boards and Commissions
shall have voting rights.
Control of the Agenda
Action Second
Required
Debatable2 Amendable Vote
Required3
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
Debatable2 Amendable Vote
Required3
Adopt an Ordinance or Resolution,
§64.07(3) Wis. Stats.
Yes Yes Yes Majority of all
members
(4 members)
Other Original Motions (new 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
Suspend Rules and Adopt an Ordinance
on First Reading
Yes No No 2/3
Limiting/ Extending or Ending Debate
Action Second
Required
Debatable2 Amendable Vote
Required3
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 Council may withdraw items from the agenda.
2 By Council Rule, every Motion before the Council is debatable.
3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members
present and voting. By statute a majority vote of all members of the Council is required to adopt any
ordinance or resolution. §64.07(3) Wis. Stats.
Changing Previous Actions
Action Second
Required
Debatable2 Amendable Vote
Required3
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
Debatable2 Amendable Vote
Required3
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 By Council Rule, every Motion before the Council is debatable.
3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members
present and voting. By statute a majority vote of all members of the Council is required to adopt any
ordinance or resolution. §64.07(3) Wis. Stats.
Ending a Meeting
Action Second
Required
Debatable2 Amendable Vote
Required3
Adjourn (ends/closes the meeting) Yes No No Majority
Recess (short break that does not end
meeting)
Yes No Yes Majority
Adjourn Sine Die (adjourn without future
date – used to end/close the session of
Council prior to seating of new Council
upon election)
Yes No Yes Majority
Selection of Officers or Temporary
Chair, if required
Action Second
Required
Debatable2 Amendable Vote
Required3
Nominations 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 By Council Rule, every Motion before the Council is debatable.
3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members
present and voting. By statute a majority vote of all members of the Council is required to adopt any
ordinance or resolution. §64.07(3) Wis. Stats.
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 Council upon
the occurrence of a specific event;
5) To Call the Question;
6) To refer to a Board or Commission for additional review or action;
7) To Divide the Issue;
8) To Amend; or
9) 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 Clerk 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 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 Council to fall below a quorum voting on the matter, the matter shall be
scheduled for consideration at the next meeting of the Council when a quorum may
be present, unless statutory or ordinance time limits or other considerations or
limitations with respect to the particular matter require the Council to take action
prior to the next regular meeting. In such case the Council may convene a special
meeting to consider the matter or take such 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 Council or shall require return to
the Council upon a specific occurrence within a specified time frame. Except for
matters which may be approved by operation of law if not acted upon by Council, if
the occurrence shall not happen within the specified time frame, the City Clerk shall
notify the Council 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. Upon notice of non-action by the City Clerk, any Council
member may request that the matter be placed upon the next Council agenda for
report or official action.
Reconsideration. Except as action may have already been taken in reliance upon the
council’s 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 Council by notifying the
City Clerk 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 Mayor or other presiding
officer shall ask whether there is any objection to calling the question. If no objection
is voiced, then the Clerk 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, before the Council 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 Deputy Mayor or
Temporary Chair when there shall be only one member put forward for election.
Amendment of these Rules. These Rules may be amended or new rules adopted upon
proper notice by a majority of all members at any meeting of the Council.
Suspension of the Rules. A vote of two-thirds of the members present will suspend any
Rule of the Council.
Rules pertaining to Council Members speaking to items on the Agenda. When two or more
members simultaneously seek recognition, the Mayor or other presiding officer shall
name the order of the members who are to speak.
Council Member Announcements, Statements & Discussion. Council members speaking
under the heading “Council Member Announcements, Statements & Discussion” are
limited to five (5) minutes and must not include endorsements of any candidates or
other electioneering. (NOTE: Exception to the five (5) minutes may be made at the
discretion of the Council.)
Council Member Reports. Council Members will be given the opportunity to report on
activities of their assigned Boards and Commissions to which they are a liaison. The
Mayor will ask each Council Member to provide a report if applicable. Such report
shall be limited to one (1) minute per assigned Board/Commission. If greater
discussion is required, the item may be scheduled for a future agenda.
Rules pertaining to Individuals addressing the Council
1. Individuals speaking to the Council regarding agenda items are limited to one
appearance per person of no more than five (5) minutes per agenda item.
Whenever the Council proposes an amendment to a resolution or ordinance, the
Council will permit additional public comment specific only to the amendment
and its effect. (NOTE: Exception to the five (5) minutes may be made at the
discretion of the Council.)
i. When Remote Participation is required or permitted for the general public,
the rules governing Remote Participation as set forth above shall govern the
timing of public comments and limitations on public speaking and shall be
noted so on the meeting agenda. If a meeting includes Remote Participation,
the rule above pertaining to permitting additional comment pertaining to
amendments is also suspended, however, Council may, at its sole discretion
determine to open public comment on any amendments offered.
ii. When Remote Participation is permitted as a reasonable accommodation or
for purposes of accommodating a presentation, consultant or other similar
individual reason, the City Manager in his/her discretion, shall determine
whether the rules governing Remote Participation as set forth above shall
govern the timing of public comments and limitations on public speaking
and if so, shall so note on the meeting agenda.
2. Citizen Statements.
1. Individuals speaking to the Council under the heading "Citizen Statements to
Council" are limited to five (5) minutes. (NOTE: Exception to the five (5)
minutes may be made at the discretion of the Council.)
2. Individuals may address the Council only and must address items that are not
listed on the Council meeting agenda; except items listed under City Manager
or Council Member Statements shall be addressed under the heading and at
the time permitted for “Citizen Statements to Council”.
3. Statements are limited to issues that have an impact on the City of Oshkosh
and that the Common Council may address at a future meeting.
4. Statements must not include endorsements of any candidates or other
electioneering.
5. Persons are encouraged as an alternative to appearance in person to submit
written comments. Written comments may be sent via mail addressed to the
City Council, placed in the City Hall dropbox, or sent by email prior to the
scheduled meeting to council@oshkoshwi.gov.
The public may, as an alternative to appearance in person, submit written
comments. Written comments may be sent via mail addressed to the City Manager,
placed in the City Hall dropbox, or sent by email to council@oshkoshwi.gov prior to
the scheduled meeting. Contact information for the Council and City Manager is
available on the City website: www.oshkoshwi.gov
Written comments received prior to the meeting will be distributed to the Council
and made part of the public record of the meeting.
Persons requiring reasonable accommodations to these rules may contact the City
Manager’s office 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.
Rules of Decorum
1. Adoption of Civility Pledge.
All participants in Council meetings shall conduct themselves according to the
Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270, as
noted below:
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
2. General Rule of Decorum.
No person shall personally attack a council 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 Mayor. If the conduct continues, the Mayor may
order the person removed and the Council may make a fact finding whether such
behavior was outside the scope and content of the council rules and, if applicable,
whether the behavior was of a character to cause a breach of the peace.
III. Rules pertaining to Duties of the Deputy Mayor
The Deputy Mayor shall be responsible for ensuring that the annual evaluation of
the City Manager is accomplished and the goals for the City Manager are developed
and approved annually.
Definitions,
Sample Agenda, Sample
Motions and Voting
Requirements
DEFINITIONS
ORDINANCE
An ORDINANCE is legislation adopted by the Common Council which enacts a municipal
law and becomes part of the City of Oshkosh Municipal Codes. An Ordinance is presented
two times before the Council before it is adopted. (First Reading & Second Reading)
The Council has the power to Suspend the Rules and Adopt an Ordinance at First Reading.
RESOLUTION
A RESOLUTION is an action of the Common Council which gives authorization, approval,
or a directive to the city administration and relates primarily to internal city affairs.
PROCLAMATION
A PROCLAMATION is presented by the Mayor to an organization or individual of the
community for outstanding service, in honor of a celebration, or any special occasion
OSHKOSH COMMON COUNCIL AGENDA
COUNCIL CHAMBERS, CITY HALL
OSHKOSH, WISCONSIN
DATE
NOTE: The Common Council will be meeting from 4:45 p.m. / 5:00 p.m. – 5:45 p.m. for a
Workshop on XXX (if there is a workshop or closed session prior to the start of the
regular meeting, it will be noted here)
A. CALL TO ORDER (6:00 p.m.) VOTING FIRST: Council Member XXX
B. ROLL CALL
C. INVOCATION
D. PLEDGE OF ALLEGIANCE (students from city schools or Council Member)
E. PRESENTATIONS OR INTRODUCTIONS
(ex. awards, public information presentations, introductions of new staff members)
F. CITIZEN STATEMENTS (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.
G. PUBLIC HEARINGS (NOTE: Items designated with an asterisk will not be voted on)
(Public Hearings are required by statute for certain types of actions that come before
council, if a public hearing is required for an item, that item will be listed under this
category)
1. Res YR-XX Approve Final Resolution for Special Assessments (Sanitary
Sewer Main & Sanitary Sewer Laterals / Ontario Street &
Murdock Avenue
2. Ord YR-XX Approve Zone Change from R-1 to M-3 / 3156 Algoma
Blvd
3. Ord YR-XX Approve Official Mapping of the Extension of Progress
Drive from its Current Termini Southeasterly to Vinland
Street
OSHKOSH COMMON COUNCIL – EXAMPLE
H. 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)
4. Approve Bills Presented by the Finance Director
5. Approve Cash Report from ___________
6. Approve Minutes from ____________ Council Meeting
7. Receipt & Filing of Library Minutes from __________(same for other boards
and commissions)
8. Receipt of Claim filed with the City’s Insurance Company
9. Res YR-XX (These are resolutions such as equipment bids, public
10. Res YR-XX works contract, change orders, leases, agreements,
11. Res YR-XX special events or city licenses. These resolutions are
12. Res YR-XX generally matters that are “routine” in nature.
13. Res YR-XX The Consent Agenda is approved in a single motion and
14. Res YR-XX vote. Any Council member may request that a
15. Res YR-XX resolution be removed from the Consent Agenda to be
16. Res YR-XX voted on separately if they wish to vote in the negative.
17. Res YR-XX Items may be discussed without pulling.)
I. ITEMS REMOVED FROM CONSENT AGENDA
J. PENDING ORDINANCES
18. Ord YR-XX (Ordinances that are before the Council on “Second
Reading” to be considered for adoption)
K. NEW ORDINANCES (NOTE: Items designated with an asterisk will not be voted on)
19. Ord YR-XX (Ordinances that are before the council on “First Reading”
& are to be laid over to the next meeting for consideration
for adoption. NOTE: Periodically a request is made to
“Suspend the Rules” and “Adopt” the ordinance a First
Reading)
L. PENDING RESOLUTIONS
(Resolutions that have been laid over from a previous meeting of the Council)
OSHKOSH COMMON COUNCIL – EXAMPLE
M. NEW RESOLUTIONS
20. Res YR-XX (Resolutions that are before the Council to be considered for
adoption)
21. Res YR-XX Approval of Conditional Use Permit; Planned Development
for Installation of Electronic Message Center Cabinet Type
Wall Sign 50 Wisconsin Street (Plan Commission
Recommends Denial) WITHDRAWN
N. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA
ITEMS
22. Future Agenda Items:
23. Future Workshops:
A) Workshop on XXX @ 4:45 p.m. / 5:00 p.m.
O. MEMBER ANNOUNCEMENTS & STATEMENTS
24. Report of Council Liaison for Boards & Commissions
25. Announcement of New Facility Opening
P. CITY MANAGER ANNOUNCEMENTS & STATEMENTS
26. Report Regarding Engineering Services Agreements
27. Cooperative Purchase of Vehicles or Equipment
28. Outstanding Issues
Q. CLOSED MEETING MOTION (City Manager's Office, Room 402, City Hall):
(This segment is a meeting of information and discussion of the Council as provided by
state statutes and is closed to the public – closed sessions may be held before or after
the meeting as time may permit)
R. ADJOURN
SAMPLE MOTIONS
MOTION TO ADOPT A RESOLUTION OR ITEM
I MOVE TO ADOPT ….
I MOVE TO APPROVE …
(ALWAYS MAKE THE MOTION IN THE AFFIRMATIVE)
MOTION TO SEPARATE ITEMS
MOVE TO DIVIDE THE ISSUE TO MAKE (ITEM) A AND THE REMAINING (ITEMS) B
MOTION TO AMEND A MOTION ON THE FLOOR
MOVE TO AMEND TO ______________________
MOVE TO AMEND BY STRIKING OUT ______
MOVE TO AMEND BY INSERTING _______
MOVE TO AMEND BY STRIKING OUT _________ AND INSERTING _________
MOVE TO AMEND BY ADDING ___________
MOVE TO AMEND BY DELETING ____________
NOTE: THIS MOTION CAN ALSO BE USED TO AMEND AN AMENDMENT
IT MAY HELP TO ALSO STATE THE INTENTION OF THE AMENDMENT TO
MAKE IT CLEAR WHAT IS BEING VOTED UPON
MOTION TO RECONSIDER AN ACTION AFTER FINAL VOTE
MOVE TO RECONSIDER ITEM #
NOTE: THIS MOTION MUST BE MADE AT THE MEETING THE ACTION WAS
TAKEN OR AT THE NEXT SUCCESSIVE MEETING, AND MUST BE
MADE BY A MEMBER WHO VOTED WITH THE MAJORITY
VOTING REQUIREMENTS –
MAJORITY – 4 members
2/3 members OR
5 members
3/4 members OR
6 members
In general, Ordinances or
Resolutions
§64.07(3)
Budget Alterations
§65.90(5)(a)
Removal of City Officers by
Council §17.12(1)(d)
Condemnation for streets on
petition §62.22(4)(c)
Charter Ordinances
§66.01(2)
Electing to do own construction
work §62.15(1)
Confirmation of
Appointments §62.11(3)
annexation ordinances
§66.021(7), §66.021(12),
§66.021(15), §66.024
Zoning amendments when a
protesting petition is filed
§62.23(7)(d)(2m) (3/4 of
members present and voting)
Rejecting all bids under
bidding law §62.15(5)
Detach territory §66.022
Alteration of Aldermanic
Districts §62.08(4)
Determinations of necessity
under 62.22(4)(d) for purposes
of opening widening, etc.
streets w/o a petition (requires
4/5 vote of members)
Authorize clerk to issue
check in excess of available
or appropriated funds
§66.042(7)
Relief from conditions of
gift or dedications to
municipality §66.27(1)
Creation of redevelopment
authorities and certain
redevelopment plans
§66.406(4); §66.431(6)(b)(2);
§66.431(11)(b); §66.4325
Notes: voting requirements for Council are based on the membership of the Council not on
quorum. So a majority is 4 of 7 total members, if there are only 5 members present, passage
of an ordinance or resolution still requires a majority of membership or 4 votes to pass.
Less than a quorum may compel attendance of absent members or adjourn pursuant to
§62.11(3)(b) and §2-10(G) Oshkosh Municipal Code.
Controlling Public or Members in Violation of Rules of Decorum
If any member of the Council believes that there is a violation of the Council Rules, the
Council member may request that the Mayor stop the speaker. The Mayor may also do
this independently.
A suggested approach for dealing with persons who may be out of order:
Give 2 warnings.
“Mr. X, your time is up (or identify other violation of the rules), please take your seat.”
“Mr. X, please take your seat.”
Mayor rules that the person is violating council rules and is out of order.
“Mr. X you are in violation of the Council rules. You need to stop and take your seat”
If speaker continues -- you should assess the situation, some may be resolved fairly
easily, others may require staff assistance or even that the police be called:
a. Ask a staff member to take the person from the room and assist them - “(staff
member) __________ may we have your assistance, can you please take Mr. X
outside the meeting and assist him with his further questions. ”
b. Mayor may call a break – “I am going to call a break at this time, Council will
reconvene in 5 minutes.”
Take break – turn off cameras – let officer deal with person
c. “Officer __________ may we have your assistance to please remove Mr. X at
this time.”
2 members may appeal any decision of the Mayor, second is required & majority vote.
Council may, but is not required to under its rules, formalize the finding of disruption
and removal:
I move to make a finding that __________’s behavior disrupted the meeting (you may
insert specific findings -- failed to follow the rules after being called to order by the
Mayor, repeatedly failed to come to order, yelled, was obscene, etc…); __________’s
conduct was outside the scope of our rules and was a breach of the peace. (second, vote).
Open Meetings and
Public Records
Video training pertaining to these topics is available for you to view at:
Open meetings: https://www.youtube.com/watch?v=8gW-
fjqwR6Q&list=PLqRylHmMyMnf586vtFr9bkDKprGv_ynGr&index=5
Public Records:
https://www.youtube.com/watch?v=bOwZz64AUAY&list=PLqRylHmMyMnf586vtFr9b
kDKprGv_ynGr&index=4
PUBLIC POLICY
OPEN MEETINGS AND PUBLIC RECORDS
In recognition of the fact that a representative government of the American type is
dependent upon an informed electorate, it is declared to be the policy of this state that
the public is entitled to the fullest and most complete information regarding the affairs of
government as is compatible with the conduct of governmental business.
To implement and ensure the public policy herein expressed, all meetings of all state and
local governmental bodies shall be publicly held in places reasonably accessible to
members of the public and shall be open to all citizens at all times unless otherwise
expressly provided by law.
§19.81 (1) and (2) Wisconsin Statutes
OPEN MEETINGS
The Open Meetings law requires all meetings of State and Local governmental bodies to
be publicly held in places reasonably accessible to and open to all citizens at all times,
unless otherwise expressly provided by law.
The Open Meetings law applies to “meetings”. A meeting is defined as 1) the convening
of members of a governmental body 2) for the purpose of exercising the responsibilities,
authority, power or duties delegated to or vested in the body.
1) A “governmental body” is defined as: “a state or local agency, board, commission,
committee, council, department or public body corporate and politic, created by
constitution, statute, ordinance, rule or order … or a formally constituted subunit
of the foregoing.”
2) “Meeting" includes regular and special meetings of the board or commission but
may also include other types of interactions and gatherings, a meeting may be
formal or informal, and includes discussion or information gathering on matters
within the Board’s realm of responsibility.
Two Tests -- the purpose requirement and the numbers requirement.
The Purpose Test -- What is the purpose of this gathering? Are you exercising the
responsibilities, authority, power or duties delegated to this board? Are you discussing
or gathering information on a matter before you or likely to come before you?
The Numbers Test – If one half or more of the members of the body are present, it is
rebuttably presumed to be a meeting. The numbers test is met when a number sufficient
to determine the body’s course of action on the business under consideration is present.
In certain cases, this number may be less than a majority of the quorum. You may hear
the term negative quorum which means the number that may defeat any motion or action
–in some cases such as items that may require a supermajority vote, the negative quorum
may be less than one half of the body. In regard to the numbers test, you may also
consider the possibility of further sharing information such as through a walking quorum
which we will discuss further below.
If both tests are met, then there is a meeting of the governmental body.
Communication Outside of a Regular Meeting:
Social gatherings -- the statute specifically excludes social or chance gatherings and other
gatherings where you are not exercising your authority, power, or responsibilities.
Telephone conference calls would be very similar to in-person conversation and exchanges
and are viewed as a convening of the members of the body.
Written correspondence – The circulation of a paper or hard copy memorandum or letter
among the members of a governmental body has historically not been considered a
“convening of the members” for purposes of the open meetings law. The correspondence
will be a public record, but since it is going to usually involve a largely one-way flow of
communication, with any exchanges that may occur spread out over time, and little or no
conversation-like exchange between members, the open meetings law is generally not
going to restrict this type of information. This technique is not recommended for quasi-
judicial matters because preparation of a memorandum by a body’s member prior to the
meeting will not take into consideration all of the facts that may ultimately form the basis
for the body’s decision.
Electronic Communications such as email and instant messaging may constitute a
convening of the members depending on how the communication medium is used. No
court has yet applied the open meetings law to this type of correspondence, but it is likely
the court will evaluate this similarly to other types of situations it has evaluated and look
at whether it is more like written correspondence or more like in-person communication.
The AG’s office strongly discourages the members of every governmental body from
using electronic mail to communicate about issues within the body’s realm of authority.
The AG’s office has provided guidance that suggests courts are likely to consider (1) the
number of participants involved in the communications; (2) the number of
communications regarding the subject; (3) the time frame within which the electronic
communications occurred; and (4) the extent of the conversation-like interactions
reflected in the communications.
This type of communication may is more problematic from an open government
standpoint because of the very rapid nature that the back-and-forth exchanges may take
on; the conversational tones many use in email correspondence; and the potential that
although you are sending to only one person, your email may be forwarded and
commented upon and you, as the sender, will have no control over the scope or direction
of further exchange.
Walking Quorums
A “walking quorum” is a series of gatherings or exchanges among separate members of
a governmental body who agree tacitly or explicitly to act uniformly in sufficient number
to reach a quorum. The requirements of the open meetings law cannot be circumvented
by using an agent or surrogate to contact the members of governmental bodies through
a series of individual contacts. The essential feature of the “walking quorum” is the
element of agreement among members of a body to act uniformly in sufficient numbers
to reach a quorum (or control an action). Where there is no agreement, theoretically
exchanges may take place without violating the open meetings law, however this is not
recommended.
General discussion regarding public policy and matters should be held in public
meetings unless an exception to the open meetings law applies.
Meetings of Multiple Bodies/Notices of Observation
When a quorum of members of one governmental body attends a meeting of another
governmental body under circumstances that are not chance or social, in order to gather
information or otherwise engage in governmental business regarding a subject over
which they have the decision-making responsibility, both governmental units must be
noticed.
If you are invited to and planning to attend something other than Council meetings or
Boards/Commissions to which you are assigned, that may fit within your City
responsibilities, let staff know, so that the matter can be noticed properly if needed.
Generally, it is easier and safer to avoid the potential issues being raised than to try to defend
actions later.
If the Open Meetings law applies, what is required?
Notice – reasonably apprising the public and media of the topics to be discussed and
items to be acted upon
Timing – at least 24 hours in advance; 24 hours is a minimum, greater notice is most often
preferable
Closed Sessions must be noticed – limited to statutory exceptions
Accessibility – must be reasonably accessible, open to the public, reasonably accessible to
persons with disabilities
Tape recording/videotaping -- o.k. as long as it does not interfere with the conduct of the
meeting
Citizen participation – The open meetings law allows citizens the right to attend and
observe but does not require that the public be allowed to speak or actively participate,
unless required by another statute, such as a public hearing on zoning issues. The
governmental body is free to determine for itself whether and to what extent it will allow
citizen participation.
Minutes and recording of votes – you are required to keep a record of the motions and
roll call votes of each meeting of the body
Public Meetings v. Public Hearings
Every meeting of the Council is a public meeting and must meet the requirements of the
Wisconsin Open Meetings Law. A meeting is for the purpose of conducting the business
of the city and while public notice and opportunity to observe are required, public
involvement is not required by statute.
Public Hearings are required by statute in some cases for the purpose of gathering
information and to allow public comment on particular items prior to action. When
public hearing are required, they will be specifically designated on the Board,
Commission or Council Agenda.
Other resources: the Attorney General for the State of Wisconsin has a Guide to Open
Meetings Law on their website at www.doj.state.wi.us.
PUBLIC RECORDS
Generally, official records will be maintained by staff so you do not need to keep copies
of the agenda, minutes and other items that you receive from staff, except as it may be
helpful to you in doing your functions.
If you receive private correspondence, letters, emails, texts, instant messages, or any other
form of recorded or written communication or information related to the business of this
body, those are also public documents. The records must be kept – you may keep them
yourself or you may give the records to staff to maintain. The general retention period
is 7 years so whatever method you choose, you should make sure to maintain the records
for a period of at least 7 years.
Staff will also respond to all records requests. If there is a request for documents that
includes for example, emails to the members. Staff would contact members and request
that those members supply all information that they have in their possession that may be
responsive to the request. Staff would then evaluate all information gathered and provide
the appropriate information responsive to the request.
Using your own computer/email address/social media account for the conduct of
governmental business – email, blogging, etc…... may raise concerns related to record
retention and the privacy of the “private” system may be challenged, so caution is
advised.
Council members are given City email addresses. Emails using the City email address
are automatically archived by the City’s computer system.
If you receive an email, instant message or other communication to a private email
address or account outside of the city email system, you should archive the
communication in some manner by keeping your own folder of communications or by
copying the email or information into an email to city staff or the board or commission
email address. You may include a note that you received it through a personal account
and are copying the city email for archive purposes.
Other resources: the Attorney General for the State of Wisconsin has a Guide to the
Wisconsin Public Records Law on their website at www.doj.state.wi.us.
Ethics
Video training pertaining to the topic is available for you to view at:
https://www.youtube.com/watch?v=_u4e7bGYtQ0&list=PLqRylHmMyMnf586vtFr9bk
DKprGv_ynGr&index=3
ETHICS
In general, there are two kinds of general ethics restrictions placed upon local officials.
The first restricts an official from personally profiting from holding the public office. The
second restricts an official from participating in decisions in which the official has a
personal financial interest. Related to these the statute specifically includes a prohibition
on certain actions as either a local public official or candidate in relation to political
promises and contributions.
Accepting items
A. A local public official may not accept items or services of substantial value for private
benefit, or for the benefit of the official's immediate family or associated organizations,
if offered because of public position.
B. A local public official may not accept (and no one may offer or give) anything of value
that could reasonably be expected to influence the official's vote, official actions or
judgment.
C. A local public official may not accept (and no one may offer or give) anything of value
that could reasonably be considered a reward for any official action or inaction.
Controlling conflicting interests
A. A local public official may not take official action substantially affecting a matter in
which the official, the official's immediate family, or associated organization has a
substantial financial interest.
B. A local public official may not use office or position to produce a substantial benefit
for official, family, or associated organization.
If you have any questions about an upcoming item and whether you should vote on it or
if you have any questions about a gratuity or anything else where you are concerned
about the ethics of it, please feel free to call the City Attorney’s office.
substantial means not nominal, insignificant or trivial
"Associated", when used with reference to an organization, includes any
organization in which an individual or a member of his or her immediate family is a
director, officer or trustee, or owns or controls, directly or indirectly, and severally or
in the aggregate, at least 10% of the outstanding equity or of which an individual or a
member of his or her immediate family is an authorized representative or agent.
What should you do if you have a financial interest in a matter coming before you or if
you identify a conflict of interest in relation to a matter coming before you?
Do not participate in the discussion and do not vote on the matter. The attorney general’s
office recommends removing yourself from the room. In some cases, this may be more
disruptive to the meeting than simply not participating. But if you are concerned that
your presence may influence your fellow council or board members, you should consider
stepping away from the table to the public portion of the room or leaving the room.
If you receive something that you believe is related to your official position and would
be a violation of the laws or would create an appearance of undue influence, you have
several options. You may return the item; you may give it to the city, another public
institution or a charitable organization; or you may purchase the item for its full value if
it is something that you want to keep or an event you wish to attend.
Enforcement and Penalties under Chapter 19 General Ethics Rules
While staff and the City Attorney’s office may give you advice in regard to these matters,
the final decision will be yours to make and enforcement and penalties will be personal
to you.
Complaints can be made to the District Attorney and Attorney General’s offices
regarding violations of the state ethics code and you may be personally fined for
violations. Penalties include a forfeiture of not more than $1000 for each violation, plus
the value of the item and costs.
In addition to the general ethics provisions in Chapter 19 of the Wisconsin Statutes,
there are several criminal statutes that also relate to official conduct that are important
to be aware of. Those statutes include:
§946.12 Wisconsin Statutes - Misconduct in Public Office
Any official who does any of the following is subject to prosecution under the
Misconduct in Public Office Statute:
• Intentionally fails or refuses to perform a known mandatory,
nondiscretionary, ministerial duty
• Does an act which the person knows exceeds their lawful authority or is
forbidden by law in the persons official capacity
• Exercises a discretionary power in a manner inconsistent with the duties of
their office or the rights of others with the intent to obtain a dishonest
advantage personally or for another
• Intentionally and materially falsifies an entry in an account or record book,
report or statement
• Under the color of the office, intentionally solicits or accepts for the
performance of any service or duty anything of value
Penalty: Violation is a Class I felony and subjects the person to a fine of not more than
$10,000, imprisonment for not more than 3½ years, or both.
§946.13 Wisconsin Statutes - Private Interest in Public Contracts
Municipal officials are prohibited from negotiating or bidding on contracts in which the
public official has a financial interest if they also have an official responsibility to act in
relation to that contract and cannot in their official capacity participate in the making of
a contract in which they have a direct or indirect financial interest.
It is important to note that this is a criminal statute that is strict liability and does not
require the intent to violate; and that abstaining from voting on the contract will not
prevent a violation.
Prohibits municipal officials from having a private financial interest in a public contract.
1) Prohibition Against Private Action. A public official may not in his or her private
capacity negotiate or bid for or enter into a contract in which the public official has
a direct or indirect financial interest if the official is “authorized or required by law
to participate” in his or her capacity as such officer or employee in the making of
that contract. § 946.13(1)(a).
2) Prohibition Against Official Action. A public official may not participate in the
making of a contract in his or her official capacity if the official has a direct or
indirect financial interest in the contract. § 946.13(1)(b).
There are a few exceptions in this statute pertaining primarily to smaller contracts of less
than $15,000 per year and financing relationships.
A Contract entered into in violation of this section is void.
Penalty: Violation is a Class I felony and subjects the person to a fine of not more than
$10,000, imprisonment for not more than 3½ years, or both.
§946.10 Wisconsin Statutes - Bribery
Public officials are prohibited from directly or indirectly accepting or offering to accept
any property or personal advantage based on an understanding that the official will act
in a certain manner regrading any matter pending or that might come before them in
their official capacity
Penalty: Violation is a Class H felony and subjects the person to a fine of not more than
$10,000, imprisonment for not more than 6 years, or both.
Compatibility of Offices
The Compatibility Doctrine is a common law prohibition, created by courts rather than
by a statute.
The same person cannot hold two offices or office and position where one post is superior
to the other or where, from public policy perspective, it is improper for one person to
discharge duties of both posts.
The Practical effect of this rule is that Governing body members cannot hold other
positions/employment with municipality unless expressly authorized.
Compatibility Doctrine Violations
If there is a Compatibility Doctrine Violation, courts have concluded that the person has
vacated the first office if they take an incompatible second office.
Positions Created during Term
During the Council term for which you were elected you may not apply for or take a
position that was created during your term of office. This prohibition would apply even
if you would resign first. For example, if a position is created in the annual budget, a
council member is not eligible to apply for that position.
However, a council member may be appointed to office or position not created during
member’s term of office if they resign first.
Governing body members may run at any time for new or existing elective offices.
Additional Resources
The Statute of Wisconsin Ethics Commission provides helpful Guidelines for Local Public
Officials pertaining to Ethics which are included in the following pages.
State of Wisconsin Ethics Commission at www.ethics.wi.gov
League of Wisconsin Municipalities: https://www.lwm-info.org
League of Wisconsin Municipalities FAQ’s: https://www.lwm-info.org/831/Frequently-
Asked-Questions
This is a guide. For authoritative information consult Wisconsin Statutes.
Prepared by the Wisconsin Ethics Commission. 212 E. Washington Ave, 3rd Floor, Madison, WI 53703 (608) 266-8123
Website: http://ethics.wi.gov.Rev. 10/16. . ETH1202
Wisconsin Ethics Commission
Citizen’s Guide
Standards Of Conduct For Local Government Officials
Wisconsin Statutes establish standards of conduct for all of our state’s governmental officials, including
local officials. These legal requirements apply to elected and key appointed officials of our state’s
counties, cities, villages, towns, school boards, and sewerage and other special districts.1
Standards of conduct. In general, a local public official should not:
ACT OFFICIALLY IN A MATTER IN WHICH THE OFFICIAL IS PRIVATELY INTERESTED
USE GOVERNMENT POSITION FOR PRIVATE FINANCIAL BENEFIT
ACCEPT TRANSPORTATION, LODGING, FOOD, BEVERAGES, OR ANYTHING ELSE OF MORE THAN
TOKEN VALUE OFFERED BECAUSE THE OFFICIAL HOLDS A GOVERNMENT POSITION
SOLICIT OR ACCEPT REWARDS OR ITEMS OR SERVICES LIKELY TO INFLUENCE THE OFFICIAL
OFFER OR PROVIDE INFLUENCE IN EXCHANGE FOR CAMPAIGN CONTRIBUTIONS
BE FINANCIALLY INTERESTED IN A GOVERNMENT CONTRACT THE VALUE OF WHICH EXCEEDS
$15,000 AND FOR WHICH THE OFFICIAL IS AUTHORIZED TO TAKE SOME DISCRETIONARY
ACTION (EVEN IF THE OFFICIAL ABSTAINS)2
Financial disclosure. Some local governments make available a list of the employers and financial
interests of their government's officials.3 Most do not. The decision to collect this information is one that
the legislature has left to each unit of government. To learn if your county, municipality, or town
provides this information, ask your county or municipal clerk.
Addressing issues before they become problems. To deal with a conflict between a private interest and
governmental responsibilities before an official takes a vote or enters into discussions on a matter, the
official can either resolve the matter by relinquishing the private interest or mitigate the problem by
temporarily withdrawing from exercise of governmental responsibilities. By seeking advice beforehand,
an official can determine whether statutory restrictions permit the official to participate in a matter or to
accept items or services of value.
Ordinarily, the legal advisor for the unit of government of which the official’s position is a part is in the
best position to advise the government official about a matter involving ethical standards of conduct.
Sometimes, a statewide association of local governments will advise an official.4
If, after studying the legal standards and gathering the pertinent facts, the legal counsel is uncertain about
what advice to offer, the lawyer may direct a letter to the Wisconsin Ethics Commission stating the
pertinent facts and law, tentative conclusion, and basis for it, and ask that the Wisconsin Ethics
Commission issue an opinion concerning the interpretation of §19.59, the Code of Ethics for Local
Government Officials, Employees and Candidates. Written requests for advice are confidential. No
1 §19.59, Wisconsin Statutes.
§946.13, Wisconsin Statutes. See text of statutes for exceptions to general rule.
Among the local governments requiring their officials to identify information about their sources of income and investments a re the cities of
Madison and Milwaukee and the counties of Dane, Milwaukee, and Wood.
Examples include Wisconsin Counties Association, League of Wisconsin Municipalities, Wisconsin Towns Association, Wisconsin
Association of School Boards.
member or employee of the Ethics Commission may make public the identity of anyone requesting an
advisory opinion or of persons mentioned in an opinion. Periodically, the Commission publishes sum-
maries of its opinions after making sufficient alterations to prevent the identification of the requestor and
persons mentioned in the opinions. The Statutes do not authorize the Commission to issue an opinion to
a citizen or to an official or representative of a local government other than the local government's legal
counsel.
Complaints. If you believe that an official of a county, city, village, town, school board, or special
purpose district has violated a standard of conduct that state law requires the official to observe, you may
file a complaint with the Commission, or with the district attorney for the county in which the activity
occurred.
Your complaint should describe the pertinent facts succinctly. State that you swear or affirm that the
information you are providing is true to the best of your knowledge, information, and belief. Have a
notary or other person authorized to administer an oath witness your signature to the complaint. Deliver
the complaint to the Commission or district attorney, in person, or by mail, or other appropriate way you
find convenient.
Allow the Commission or district attorney a reasonable length of time to look into the matter. It may
take several weeks to look into the facts and law in order to make a good decision about how to proceed.
If the complaint about a local public official is filed with the Wisconsin Ethics Commission, the
Commission’s policy is to refer it to the local district attorney. If the district attorney has not responded
to a complaint within 60 days of a referral, the Commission may refer the matter to the Attorney
General.
Individuals may also file a complaint directly with the district attorney. If the district attorney has not
filed a complaint or replied to you within 20 days of your filing a complaint with that office, you may
send a copy of your complaint to the Attorney General’s Office, explaining that the district attorney,
after considering your complaint for 20 days or more, has not begun an action against the person you
complained about, and ask the Attorney General to enforce the complaint. If the Attorney General also
declines to prosecute the matter, you will at least have the satisfaction that two law enforcement agencies
have had the opportunity to review your complaint and act upon it. The Wisconsin Ethics Commission
cannot overturn the decisions of the district attorney or Attorney General or, independent of them,
enforce standards of conduct for local government officials.
This is a guide. For authoritative information consult Wisconsin Statutes.
Specific questions may be directed to your local governmental attorney or local ethic s board.
Prepared by the Wisconsin Ethics Commission. 212 E. Washington Ave, 3rd Floor,, Madison, WI 53703 (608) 266-8123
Website: http://ethics.wi.gov Rev. 10/16. ETH-1219
Wisconsin Ethics Commission
Local officials’ receipt of food, drink, favors, services, etc.
Wisconsin law forbids a public official to use free or discounted transportation, traveling
accommodation, or communication services for which the supplier would usually charge [§946.11,
Wisconsin Statutes; Art. 13, §11, Wisconsin Constitution], Otherwise – Consistent with the statutes
administered by the Wisconsin Ethics Commission, local public officials2 may accept and retain:
a. ITEMS AND SERVICES UNRELATED TO PUBLIC POSITION.
Food, drink, transportation, lodging, items, and services which are offered for a reason unrelated to
the recipient's holding a public position [§ 19.59(1)(a)] and which could not reasonably be expected
to influence an official’s vote, official actions or judgment, nor reasonably be considered a reward
for any official action or inaction;
b. EXPENSES PROVIDED BY OR FOR THE BENEFIT OF THE LOCAL GOVERNMENTAL UNIT.
Food, drink, transportation, lodging, or payment or reimbursement of costs that are provided by or
for the benefit of the local governmental unit, not for a private benefit; and
c. ITEMS OF INSUBSTANTIAL VALUE.
Mere tokens and items or services of only nominal, insignificant, or trivial value.
STATUTORY RESTRAINTS
Except as noted on the other side of the page, local public officials should not accept:
1. ITEMS OR SERVICES OFFERED BECAUSE OF PUBLIC POSITION. Any item or service, including
food, drink, and travel, of more than nominal value offered because of the person's holding a public
office [§ 19.59(1)(a)];
2. ITEMS THAT COULD INFLUENCE JUDGMENT. Any item or service that could reasonably be
expected to influence an official's vote, official actions or judgment [§19.59(1)(b)];
3. REWARDS FOR OFFICIAL ACTION. Any item or service that could reasonably be considered a
reward for any official action or inaction [§19.59(1)(b)]; and
4. TRANSPORTATION OR TRAVELING ACCOMMODATIONS. Discounted transportation, traveling
accommodations, or communication services for which the supplier would usually charge [§946.11;
Art. 13, §11].
1 Consult local ordinances and other state law not administered by the Wisconsin Ethics Commission for any additional restrictions.
"Local public officials" include: (a) elected officers of political subdivisions and special purpose districts of the state; (b) county administrators or
administrative coordinators; (c) city or village managers; (d) individuals appointed to a position in a political subdivision or special purpose
district for a specified term; and (e) individuals appointed to a position by the governing body, executive, or administrative head of a political
subdivision or special purpose district and serving at the pleasure of the appointing authorit y.
Wisconsin Ethics Commission
Local officials’ receipt of food, drink, favors, services, etc.
To analyze a situation in which you are offered
items or services, ask yourself these questions:
1. With respect to the item or service offered:
a. Is it being offered because of my public position?
b. Is it of more than nominal or insignificant value?
c. Is it primarily for my personal benefit rather than for the benefit of my local unit of government?
If you answer "yes" to all three questions, you may not accept the item or service.
2. Would it be reasonable for someone to believe that the item or service is likely to influence my
judgment or actions or that it is a reward for past action? If you answer "yes," you may not accept
the item or service.
If you have any doubts about a situation, seek advice from your local governmental attorney.
This is a guide. For authoritative information consult Wisconsin Statutes.
Prepared by the Wisconsin Ethics Commission. 101 E. Wilson St., Room 127, Madison, WI 53703 (608) 266-8123
Website: http://ethics.wi.gov Revised 05/19. ETH-1232
Wisconsin Ethics Commission
For State and Local Public Officials
Mitigating Conflicting Interests:
Private Interest Vs. Public Responsibility
In a representative democracy, the representatives are drawn from society and, therefore, cannot and
should not be without all personal and economic interest in the decisions and policies of government.
Citizens who serve as state public officials retain their rights as citizens to interests of a personal or
economic nature. Standards of ethical conduct for state public officials need to distinguish between those
minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are
substantial and material. State public officials may need to engage in employment, professional or
business activities, other than official duties, in order to support themselves or their families and to
maintain a continuity of professional or business activity, or may need to maintain investments. WIS.
STAT. § 19.45(1).
ACTING IN AN OFFICIAL CAPACITY
MAKING POLICY. When a public official or a board, commission, or other body of which an official is a
member is called upon to propose or to act on legislation, to promulgate a rule, or to issue a general
policy, the official may participate in that action even though the action will affect the official, a member
of the official's immediate family, or an organization with which the official is associated 1, as long as:
• The official's action affects a whole class of similarly situated interests;
• Neither the official's interest, the interest of a member of the official's immediate family, nor the
interest of a business or organization with which the official is associated1 is significant when
compared to all affected interests in the class; AND
• The action's effect on the interests of the official, of a member of the official's immediate family, or
of the related business or organization is neither significantly greater nor less than upon other
members of the class.
See e.g., 2008 GAB 02; 11 Op. Eth Bd 9 (1989); 8 Op. Eth Bd 33 (1985); 5 Op. Eth Bd 89, 65, 59; 4
Op. Eth Bd 104 (1981).
APPLYING POLICY. A public official should not, in an official capacity, participate in or perform any
discretionary action with respect to the making, grant, or imposition of an award, sanction, permit,
license, grant, contract, offer of employment, or agreement in which the official or a member of the
official's immediate family or a business or organization with which the official is associated has a
substantial financial interest, direct or indirect. WIS. STAT. §§ 19.45(2), 19.46(1), 19.59(1)(a) and (c). In
addition, a public official should not, in an official capacity, participate in a matter affecting a business
or organization from which the official or a member of the official’s immediate family receives
substantial compensation or income. See WIS. STAT. §§ 19.45(3), 19.59(1)(b); 2013 GAB 01, 1994 Wis
Eth Bd 5.
1 “Associated” included any organization in which an individual or a member of his or her immediate family is a director, officer, or
trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity, or of which
an individual or a member of his or her immediate family is an authorized representative or agent. WIS. STAT. § 19.42(2).
HOW TO WITHDRAW FROM OFFICIAL ACTION
When a matter in which a public official should not participate comes before the legislature, a board,
commission, or other body of which the official is a member, the official should refrain from discussion,
deliberations, or votes related to that matter and ask that the body's minutes reflect that the member has
withdrawn. The body's remaining members may review the matter and take whatever action they find
appropriate. 1992 Wis Eth Bd 22.
ACTING IN A PRIVATE CAPACITY
APPLICATIONS, BIDS, AND CONTRACTS. Usually, a public official should not, in a private capacity,
apply, negotiate, bid for, or receive any award, sanction, permit, license, grant, contract, offer of
employment, or agreement in which the official has a private financial interest, direct or indirect, if the
official is authorized to perform in regard to it any governmental function requiring the exercise of
discretion, even if the official does not participate in the governmental action or exert any influence on
his or her own behalf. WIS. STAT. § 946.13
REPRESENTING CLIENTS. A public official should not, for compensation or on behalf of an employer,
represent an individual, business, or organization before a board, commission, or other body of which an
official is a member. The statutory code of ethics is not an obstacle to a local official's partner or
business associate representing a client before such board, commission, or other body as long as the
official is not financially interested in, and does not exercise control over, the representation. WIS. STAT.
§§ 19.45(3), 19.45(7), 19.59(1)(b).
This is a guide. For authoritative information consult Wisconsin Statutes.
Prepared by the Wisconsin Ethics Commission. 212 E. Washington Ave., 3rd Madison, WI 53703 (608) 266-8123
Website: http://ethics.wi.gov Visit the Commission’s website to ensure you have the most current version of this Guideline. ETH-1235
Wisconsin Ethics Commission
For State And Local Public Officials
Disposition And Reporting Of Gifts
Occasionally an official receives a gift that the Ethics Code does not permit the official to retain.
Appropriate disposition of an item depends on the circumstances.
The Wisconsin Ethics Commission generally recommends that a state or local public official:
Turn the item over to the official’s agency, if the item is one the agency can use or sell (but the
agency may not sell the item to a government employee ).
Turn the item over to another state agency or to a public institution, such as a local school,
library, or museum that can use the item.
Donate the item to a charitable organization (other than one of which the official or a family
member is an officer, director, or agent).
Return the item to the donor.
If the donor is neither a lobbyist nor an organization that employs a lobbyist, purchase the item
(by paying the donor the full retail value), and retain it.
Reporting receipt of a gift
An official, when filing a Statement of Economic Interests with the Ethics Commission, must identify in
the Statement each organization or individual (other than a family member) that gave the official a gift
valued at more than $50 during the prior year. Unless the official returned the gift to the donor, the
official should identify the donor on the Statement even if the official has redirected the gift to another
person, organization, or office or agency or has applied it to the benefit of the state or a local
government.
1 In an unpublished opinion dated November 16, 2004, Wisconsin’s Attorney General stated:
“The Legislature has unambiguously and comprehensively prohibited government agencies from selling to “any
employees…any article, material, product or merc handise of whatsoever nature” with three specified exceptions
not applicable here. Wis. Stat. §175.10 (1) (2001 -02). This statute makes no exception for articles of limited
usefulness to an agency.
The plain language of Wis. Stat. §175.10 (1) prohibits a governmental agency from selling to an employee an
article that has been turned over to the agency by an employee who was not authorized to receive it under state
law, but which the agency cannot use.
If an agency cannot use an article turned over by an employee, the agency, should either give it to the state or
to a charitable organization which can put it to good use either for its own purposes or in a resale shop.”
This is a guide. For authoritative information consult Wisconsin Statutes.
Prepared by the Wisconsin Ethics Commission. 212 E. Washington Ave., 3rd Madison, WI 53703 (608) 266-8123
Website: http://ethics.wi.gov Visit the Commission’s website to ensure you have the most current version of this Guideline. ETH-1235
Gift Disposition Resources
Books, Magazines, CDs, DVDs, Videos
Madison area:
Madison Public Library, 201 W. Mifflin St. (608) 266-6300
Memorial Library, 728 State St. (608) 262-3193
For locations of other libraries in Wisconsin and throughout the United States, visit www.publiclibraries.com.
Clothing and Merchandise
Madison area:
American Red Cross, 4860 Sheboygan Avenue (608) 233-9300
Goodwill Industries of South Central Wisconsin, 2127 E. Springs Dr. (608) 246-3147
Salvation Army of Dane County, 3030 Darbo Dr. (608) 256-2321
St. Vincent de Paul, 1309 Williamson St. (608) 257-0673
YWCA, 101 E. Mifflin St. (608) 257-1436
For other donation information and locations, you may visit the national websites for the above organizations at:
www.redcross.org; www.goodwill.org; www.svdpusa.org; www.ywca.org; www.salvationarmyusa.org.
Food/Perishables and Non-perishable Food Items
Madison area:
Second Harvest Foodbank of Southern Wisconsin, 2802 Dairy Drive (608) 223-9121;
www.secondharvestmadison.org.
YWCA, 101 E. Mifflin St. (608) 257-1436
Salvation Army, 630 E. Washington Ave. (608) 256-2321
St. Vincent de Paul, 1309 Williamson St. (608) 257-0919
You may also contact a local food pantry or other charitable organization of your choosing. It is always a good
idea to call ahead and see what is being accepted and/or what is in greatest need prior to your donation.
Flowers/Plants
Madison area:
Madison Senior Center, 330 W. Mifflin St. (608) 266-6581
Other suggested donation sites are churches and senior centers in the area of your choosing.
Many of the above items are welcomed by Porchlight, Inc., an organization in Madison that provides emergency
shelter and assists with homelessness. 306 N. Brooks St. (608) 257-2534.
For other charitable organizations, you may visit the Partners in Giving website at https://giving.wi.gov/.
Please note that the resources listed are simply suggestions for your convenience, and the Wisconsin Ethics
Commission does not endorse or recommend any particular charitable organization. If you would like to
nominate additional organizations for inclusion on the list, please send an e-mail to Ethics@wi.gov .
Legislative
and
Quasi-Judicial Matters
Video training pertaining to this topic is available for you to view at:
https://www.youtube.com/watch?v=PPerbtr9jRM&list=PLqRylHmMyMnf586vtFr9bkD
KprGv_ynGr&index=2
Legislative and Quasi-Judicial Roles. The Council operates both as a legislative and quasi-
judicial body. It is important to distinguish between these roles.
Legislative actions are actions that affect the community as a whole. Legislative actions
involve broader policy choices as opposed to determinations regarding specific
individuals, businesses or properties. When the Council reviews or adopts studies,
policies, plans, or ordinances, the Council is acting in its legislative capacity.
Governmental bodies exercising legislative authority are afforded a great deal of
discretion and are generally limited only by procedural, statutory limitations and
constitutional concerns.
In contrast, items that are brought by an individual applicant before the Council will
require the application of quasi-judicial rules and processes as well as some items
initiated by staff or the Council if they affect specific or a limited identifiable group of
individuals/properties. Quasi-judicial determinations involve the application of a statute
or ordinance to a specific set of facts, particular property or individual/business. They
may require fact finding, a formal or informal hearing, and a determination applying the
standards and rules to the particular situation.
When the Council is acting in its quasi-judicial capacity, the Council is required to
provide Due Process to the person(s) whose rights are affected. The minimum
requirements of Due Process include timely and adequate notice; the opportunity to be
heard before an impartial body; as well as the opportunity to review the information
provided to the Council and question that information and witnesses.
Special Considerations when dealing with individuals or individual properties / Hearings / Quasi-
Judicial Hearings
Avoiding Impartiality / Bias
In addition to the specific ethics requirements contained in the Wisconsin statutes, when
acting in a quasi-judicial manner council members must not harbor bias, or an
impermissibly high risk of bias, or prejudge the matter before them.
Does your relationship with the applicant or others related to the case before you bias or
prejudice your independent review and judgment of the case? If the answer is yes, you
should recuse yourself from hearing the matter.
Avoid even the appearance of Bias or conflict of interest. Balance this with the
responsibility to act as a member of the Council when appropriate. Courts have not
found a conflict of interest or an impermissibly high risk of bias only because a member
has an expertise in a particular area or because a member may have strong feelings about
a particular issue.
Recusal – do not participate in the discussion or the decision, consider physically
separating yourself from the Council (sitting in the audience, leaving the meeting),
recusal in not the same as abstaining (not voting).
Due process /fairness and impartiality in a hearing:
As a Council – ensure impartiality in the process
Ensure that proper notice is provided to affected persons
Provide reasonable opportunity to be heard
Base your decisions on the facts presented at the hearing and the statutory and
ordinance standards only
Other considerations:
Onsite inspections -
If you go, you need to have permission to go on the property, otherwise it is trespass.
If the Council goes as a group to visit the site, then the public is also allowed to visit as it
is an open meeting. Group visits must be noticed as an open meeting.
All questioning and discussion should be saved for the formal meeting setting to allow
for adequate opportunity for people to hear the discussion and for the taking of minutes.
Information gathered during a site visit must be included in the hearing record to be
considered.
Ex parte Communications -- Ex parte Communication is discussion regarding a pending
matter not included in the public record. Avoid it. If you do have a discussion, disclose
it and encourage citizens that may approach you outside of a meeting to make important
information part of the record. Do not consider information gathered in discussions
outside of the hearing in the decision, if you feel you cannot set the information aside,
consider not hearing the matter.
If your role involves determining the intent of an ordinance and its application to a
particular situation. Rely on the text of the ordinance itself first. If the ordinance is not
ambiguous, use only the ordinance in making your determination. If a word is defined
in the ordinance, use that definition. If a word is not defined in the ordinance, use the
common dictionary definition, the plain meaning. Implement the intent of the ordinance
– if there is a purpose section of the ordinance, does this decision further that purpose?
You may rely on documented evidence of intent – purpose section of the ordinance,
memos or statements documented in minutes at the time the ordinance was passed. Give
effect to all provisions – do not make an interpretation that renders part of an ordinance
meaningless or surplus. Do not render an interpretation that creates a conflict between
ordinance provisions.
Standards, Determinations of Fact and Conclusions
When you are acting in a Quasi-Judicial capacity, it is even more important to formally
document your decision and the basis for the decision –
Findings in Record – whatever the decision reached by the Council, findings should be
included in the minutes and record. If the Council is adopting the staff report and there
is not a reference in the ordinance or resolution to that effect, affirmatively state that the
Council adopts the staff report as the basis for its findings of fact and determination. If
there are exceptions or additions to what was presented in the staff report, you may adopt
the staff report noting also that any additions or corrections to the staff report.
A motion may be made that the Council adopt the findings and recommendation of the
staff report as the findings and determination of the Council. Additions or amendments
to the staff report findings or recommendation may then be made by amendments. For
example, I move to amend the motion to add a condition that …..; or I move to amend
the motion to add a finding that ……
Alternatively if the additions or corrections are immediately apparent they may be
incorporated into the original motion. For example I move to adopt the staff report as
the findings and determination of the Council with the following correction; or I move to
adopt the staff report as the findings and determination of the Council and in addition
add the following condition.
Judicial Appeals
Generally, courts will uphold a Council’s determination if you have followed the proper
procedures and the determination appears “reasonable”.
Standards
1. was the matter decided within the body’s jurisdiction?
2. did the commission follow the proper procedures (open meetings law, public
notice, hearing procedure, decision on record)?
3. did the commission apply the proper standard in making the decision?
4. could a reasonable person have reached the conclusion reached by the commission
on the record before them?
5. do the facts in the record support the decision?
6. Was the action arbitrary, oppressive or unreasonable?
The court may affirm, reverse or modify the decision in whole or in part
An overturned decision may be sent back to the Council with directions to decide the
matter consistent with the court’s findings.
Plan Commission
2025
2 | P a g e
Contents
Purpose and Interrelationship of Community Development,
Boards and Commissions, and other Resources ………………………………….. 3-5
Ordinances and Statutes ……………………………………………………………. 6-10
Role and Responsibilities …………………………………………………………… 11-12
Guidance for Decision-Making (pages 14-56)
Annexation …………………………………………………………………………… 14
Amendments to the Comprehensive Plan ………………………………………… 15
Zoning Ordinance Text Amendment .……………………………………………... 16-17
Zoning Map Amendment (Rezoning) – Area wide ……………………………… 18-19
Zoning Map Amendment (Rezoning Request) –
individual properties or a limited identifiable group of properties .………… 20-21
Official Map Amendment …………………………………………………………… 22-24
Extraterritorial Zoning ……………………………………………………………….. 25-26
Planned Developments ……………………………………………………………… 27-28
Conditional Use Permits …………………………………………………………….. 29-31
Revocation of Conditional Use Permit …………………………………………….. 32
Architectural Reviews / Public Buildings …………………………………………. 33
Architectural Reviews / Building Design Standards ……………………………... 34-35
Special Area Design Reviews ……………………………………………………….. 36-38
Land Acquisition …………………………………………………………………….. 39
Land Disposition …………………………………………………………………….. 40
Street Dedication …………………………………………………………………….. 41
Street Vacation ……………………………………………………………………….. 42
Easements …………………………………………………………………………….. 43
Access Control Variances …………………………………………………………… 44
Review and Recommend CIP ………………………………………………………. 45
Area Plans and Studies ………………………………………………………………. 46
Review and Recommend Tax Incremental Finance District (TIF) Plans ………... 47-48
Plats / Subdivision Plats …………………………………………………………….. 49-55
Approval of Certified Survey Maps ……………………………………………….. 56
Additional Resources ………………………………………………………………... 57
3 | P a g e
PURPOSE AND INTERRELATIONSHIP OF
COMMUNITY DEVELOPMENT, BOARDS AND
COMMISSIONS AND OTHER PLANNING RESOURCES
Within the City’s ordinances, the Community Development Department staff is assigned
to assist the Plan Commission.
Plan Commission: primarily an advisory body, that can make final decisions limited by
the terms of the zoning ordinance as adopted by the Council, and according to the terms
of state law. Plan Commission conducts detailed analysis of land use and zoning issues
through hearings and offers recommendations to the Common Council based upon the
terms of the comprehensive plan and zoning ordinance.
Community Development/Planners: Professionals with expertise in land use
issues. Assist applicants and citizens in comparing the goals of the comprehensive plan
along with the rules of the zoning ordinance with proposed developments and/or
improvements. Provide Common Council, Plan Commission, Board of Appeals and
other boards and commissions with interpretations, recommendations, and professional
advice regarding the advisability of proposals brought before the City decision makers.
Zoning Administrator: Professional with expertise relating to the City’s zoning code and
zoning issues in general. Responsible for the day to day administration of the Zoning
Code. Provides interpretations, recommendations, and professional advice regarding
issues brought before the Council, Board of Appeals and other boards or commissions.
City Council: a legislative body, it is the final decision maker on most land use and
zoning issues and is the body that 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 and Statutes. The Council approves the land use policies of the City through
its adoption of a comprehensive plan. It approves the land use and zoning rules of the
City through its adoption of the zoning ordinance and other municipal codes.
Board of Appeals: a decision making body. The Board of Appeals may make final
decisions limited by the terms of the zoning ordinance as adopted by the Council, and
according to the terms of state law. The Board interprets the zoning ordinance through
its review of requests to vary specific requirements, and through its review of appeals of
administrative decisions of the Community Development Department. The Board of
Appeals acts like a court – The Board applies the law to a particular set of facts just like a
4 | P a g e
court – quasi-judicial decisions; policy development & adoption are legislative functions
reserved for the Plan Commission and the Common Council.
Landmarks Commission: primarily an advisory body, the Landmarks Commission
makes recommendations to Council on historic sites, structures and districts; supports
and promotes City’s historical, architectural and cultural heritage; provide information
on City’s heritage and on historic resources; takes action on applications for alterations
or demolition of historic structures but may only approve, approve with conditions or
delay alterations or demolition – but may not deny applications.
Public Museum, Arts and Culture Board: With regard to plan commission matters this
Board provides assistance for public art projects that utilize public funding or are located
on city property; promotes public art in the community; advises the City Manager,
Council and other boards or commissions on matters pertaining to public art and art in
public places; advises the Common Council on gifts or donations of public art pursuant
to the City Gifts and Donations Policy; and may receive and expend funds for the benefit
of protecting, supporting or promoting public art.
BID Board: The Downtown Oshkosh Business Improvement District is a geographic
district within the downtown area that has been created and assesses properties within
the district to contribute to programs and activities aimed at the promotion, management,
maintenance and development of the district. The District develops a plan each year for
programs and activities to be conducted in the next year.
Fair Housing Commission: a quasi-judicial body that receives complaints under the
City’s Antidiscrimination in Housing ordinance; reviews staff investigations of
complaints; and holds hearings on complaints and may make referrals for appropriate
enforcement actions.
Sustainability Advisory Board: an advisory board for the purpose of advising the City
Manager and Council on sustainability issues affecting municipal operations and the
community at large. The Board promotes sustainability within the community; advises
on existing and proposed legislation pertaining to sustainability; facilitates citizen and
agency input pertaining to sustainability; and collaborates on the development and
implementation of a Community Sustainability Plan.
City of Oshkosh 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.
5 | P a g e
Advisory Parks Board: an advisory board assigned to the Parks Department to advise
the City Manager, City Council, Plan Commission, and parks administration regarding
parks, recreation, open spaces, forestry, municipal cemeteries, and waterways. The
Board participates in the development of Comprehensive Plans for individual parks and
the Parks Capital Improvement Program.
Transportation Committee: an advisory board assigned to the Department of
Transportation to advise and assist city staff and the Council regarding issues pertaining
to traffic flow, speed limits, bicycle and pedestrian matters, and other traffic matters. The
Traffic Review Board also advises and assists city staff and the Council regarding issues
pertaining to on-street parking, and municipal parking lots (except those serving city
facilities and parks).
Other Committees and entities: Specific issues also may occasionally involve the input
and recommendations of other City boards or commissions.
Entities independent of the City of Oshkosh -
Regional Planning Commission: a strictly advisory body created by the State of
Wisconsin §66.0309 Wis. Stats.; have the authority to conduct studies, collect and analyze
data, make and adopt plans for the physical and economic development of the region;
may provide advisory services to local governments including comprehensive planning,
economic development planning, preparation or review of proposed land use regulations,
grant writing, data collection and mapping services.
GO-HNI: Greater Oshkosh Healthy Neighborhoods Inc. (GO-HNI) is a non-profit
corporation which is independent of the City of Oshkosh but which works with the City
to promote neighborhood development services including community building and
engagement, real estate development and asset management activities within Oshkosh.
GO-EDC: Greater Oshkosh EDC is a non-profit corporation created separately and
working independently of the City of Oshkosh which exists to preserve the health of
existing companies, foster a positive entrepreneurial environment, connect companies to
workforce and talent development resources, enhance the business climate and promote
the quality of life in the greater Oshkosh area.
Neighborhood Associations: A neighborhood association is a loosely formed group of
residents and property owners within a geographically defined area within the City of
Oshkosh. While the City of Oshkosh recognizes neighborhood associations, they are not
created by and are independent of the City of Oshkosh.
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ORDINANCES
ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION
Unless specifically modified elsewhere in this Code, the following provisions shall apply
to all boards or commissions of the City of Oshkosh:
(A) Notwithstanding anything to the contrary contained within this Municipal Code,
terms for citizen members of all advisory boards, commissions and committees,
whether enumerated in this Chapter or elsewhere in this Code, shall begin on June
1 and shall terminate on May 31 of the respective year; except that the terms for
Board of Review shall begin on May 1 and shall terminate on April 30 of the
respective year. Terms for Council members shall begin upon appointment and
shall continue until new appointments are made, but shall terminate automatically
if the person no longer serves on the Council. Terms for individuals appointed by
virtue of the person’s position or title shall begin upon the person taking the
position or title and shall automatically terminate for that individual when that
person no longer holds the position or title.
(B) Except for boards and commissions specifying a particular membership by the
person’s position or title and members of the Library Board and BID Board, all
persons appointed to or serving as a member of a standing board or commission
of the City shall be residents of the City of Oshkosh. A vacancy is created
whenever a member who is required under this section to be a resident of the City
of Oshkosh ceases to be a resident of the City of Oshkosh.
(C) Individuals shall serve on no more than two (2) boards or commissions for the City
of Oshkosh.
(D) In order to provide continuity, appointments to boards and commissions shall be
made upon a staggered basis so that a proportionate share of each board or
commission is initially appointed for staggered terms and thereafter appointed for
full terms.
(E) Boards and commissions shall hold regular meetings at a regular time and place
as fixed by the board or commission. Special meetings may be called by the
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chairperson upon written notice to the members. Meetings shall be duly and
properly noticed and open to the public as provided by law.
(F) Boards and commissions shall generally be governed by such rules of order as the
Council may adopt from time to time as may be necessary for the efficient conduct
of business. Boards and commissions may, in addition to those general rules,
adopt specific rules for their governance and procedures as may be appropriate
for the conduct of business before the individual board or commission. The most
recent version of Roberts Rules of Order may be used for guidance if a matter is
not addressed within the adopted Rules of Order.
(G) Each board and commission shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all
of which shall be immediately filed with the secretary of the board or commission
or with the City Clerk and shall be public records. Minutes of the meetings shall
be forwarded to the City Council.
(H) Each board and commission shall elect from its membership a chairperson who
shall preside at all meetings and a vice chairperson who shall exercise the powers
of chairperson in the absence or disability of the chairperson. Each shall serve one-
year terms, until a successor is elected and qualified.
(I) No compensation shall be paid to any board or commission member for service as
such, but members may be reimbursed for actual and necessary expenses incurred
in performing related duties outside the City if so authorized by the board or
commission and approved by the City Manager.
(J) A majority of the membership shall constitute a quorum. A lesser number may
adjourn. A majority vote of those members present and voting shall be necessary
to adopt any motion. In the event that a board or commission member declines to
vote, except as provided below, the secretary shall record the vote as “present”
and 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. In the
event that a board or commission member declines to vote and by declining to
vote, the board or commission member’s declining to vote shall reduce the number
present at the meeting to below a quorum of the board or commission, city 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
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further consideration, forward the matter to Council or take other action as may
be appropriate with regard to the matter.
(K) The Mayor, subject to Council approval, or the chairperson, subject to board or
commission approval, may establish subcommittees for specific purposes as
determined by the Council, or the board or commission. These general provisions
shall apply to all subcommittees.
(L) The Mayor, subject to Council approval, may appoint up to two (2) alternates to
any board or commission except the Police and Fire Commission, the Library
Board or as otherwise may be prohibited by law. Without regard to the length of
term for other members of the Board or Commission, the term for each alternate
member shall be two (2) years. Alternates shall be authorized to act in the place
of and shall have all authority and responsibility to act as a member of the board
or commission in the absence or upon the recusal of any regular member of the
board or commission.
(M) The Mayor, subject to Council approval, may appoint up to two youth members,
defined as persons between the ages of 15-19, to any board or commission except
the Police and Fire Commission, the Library Board or as otherwise may be
prohibited by law. Without regard to the length of term for other members of the
board or commission, the term for each youth member shall be one (1) year, or
such other term no longer than one (1) year, as may be specified within the
appointing Resolution (ex. an appointment for a semester or school year). Youth
members shall not be entitled to vote on matters but may participate in the
discussion of legislative matters before the board or commission in the same
manner as other board or commission members, but may not participate as a
member of the board or commission in quasi-judicial matters that may come
before the board or commission.
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SECTION 2-52 PLAN COMMISSION
(A) Membership and Terms
The City Plan Commission shall consist of one (1) Council person and eight (8)
citizens so that the Commission shall consist of nine (9) members. Citizen
members shall be persons of recognized experience and qualifications. The term
of the eight (8) citizen members shall be for a three (3) year term. The council
member shall serve for a term of one (1) year.
(B) Functions and Duties
The functions and duties of the Commission shall be as prescribed in Chapter 30
of this Code and in Section 62.23 of the Wisconsin Statutes. [Statutory Reference
§62.23 Wis. Stats.]
Section 30-342: Plan Commission
(A) The Plan Commission, together with its other statutory duties, shall make
recommendations relating to the planning and development of the City to the
Common Council, other public officials, and other interested organizations and
citizens. The Plan Commission is established in Chapter 2, Article VI, of the City of
Oshkosh Municipal Code.
(B) Except where they are the final step in the review process as established by this
Chapter, the functions of the Plan Commission are recommendatory to the
Common Council pursuant to guidelines set forth in this Chapter as to various
matters, and, always being mindful of the intent and purposes of this Chapter.
(C) See Figure 30-360 for a summary of the Plan Commission’s role in administering
this Chapter.
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STATUTES
§62.23 Wis Stats.
(3) Master (Comprehensive) Plan
(4) Other Plans and Development
(5) Matters referred to city plan commission. The council, or other public body or officer
of the city having final authority thereon, shall refer to the city plan commission, for its
consideration and report before final action is taken by the council, public body or
officer, the following matters:
the location and architectural design of any public building;
the location of any statue or other memorial;
the location, acceptance, extension, alteration, vacation, abandonment, change
of use, sale, acquisition of land for or lease of land for any street, alley or other
public way, park, playground, airport, area for parking vehicles, or other
memorial or public grounds;
the location, extension, abandonment or authorization for any public utility
whether publicly or privately owned;
all plats of lands in the city or within the territory over which the city is given
platting jurisdiction by ch. 236;
the location, character and extent or acquisition, leasing or sale of lands for
public or semipublic housing, slum clearance, relief of congestion, or vacation
camps for children;
the amendment or repeal of any ordinance adopted pursuant to section 62.23.
(6) Official Map and Amendments
(7) Zoning Ordinance and Amendments
(7)(de) Conditional Use Permits
(7a) Extraterritorial Zoning
66.0217 et seq. Annexations
66.0227 Detachments
66.0301 Intergovernmental Agreements (Boundary Agreements)
66.1001 Comprehensive Planning
66.1105 Tax Increment Financing (TIF) Law
66.1109 Business Improvement Districts (BID) Creation/Change of Boundaries
66.1110 Neighborhood Improvement Districts Creation/Change of Boundaries
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ROLE AND RESPONSIBILITIES
The Plan Commission performs a variety of functions related to community planning and
land use development. The Plan Commission Handbook developed by the Center for
Land Use Education of the UW Extension (referenced in the Additional Sources at the
end of this Handbook) describes five basic roles for a plan commission: Community
Planning; Plan Implementation; Public Participation and Education; Development
Review; and Referrals and Advisory Recommendations. Using that basic framework, the
Plan Commission for the City of Oshkosh performs the following functions in relation to
these roles:
Community Planning –
The Plan Commission adopts, and may adopt amendments to, add to, or extend, a
Comprehensive Plan for the development of the City. §62.23(2) Wis. Stats.
The Plan Commission may also be asked to participate in the development of or adopt
other community plans, reports or recommendations.
The Plan Commission reviews proposed new or amended zoning, subdivision
ordinances and official mapping for consistency with the Comprehensive Plan.
The Plan Commission reviews the City’s Annual Capital Improvements Budget for
consistency with the Comprehensive Plan.
Public Participation –
Under Wisconsin’s Open Meeting Law, all meetings of the Plan Commission must be
properly noticed and open to the public.
Public Hearings on certain plans or ordinances may be held before the Plan
Commission.
Adoption of the Comprehensive Plan and amendments thereto require a plan for and
the opportunity for public participation. The Plan Commission may approve of the
public participation plan and conduct certain public hearings related to the
Comprehensive Plan or other community plans.
Plan Implementation –
The Plan Commission recommends ordinances to implement the plan including
zoning ordinances, approval of subdivision plats, official mapping, planned
development reviews, etc…
The Plan Commission reviews the annual Capital Improvements Program for
consistency with the Comprehensive Plan.
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Development Review –
The Plan Commission reviews specific land use and development proposals,
including:
o Zoning and Rezoning requests
o Subdivision Plats
o Conditional Uses
o Planned Developments
o Architectural Design Variances
Referrals and Advisory Recommendations –
The following must be referred to the Plan Commission for review and
recommendation prior to consideration by the Council:
o Location and design of public buildings
o Location of statues and memorials
o Land for public purposes such as streets, parks, etc…
o Land for public housing and housing projects
o Public utilities
o Group homes
o Pedestrian malls
o Plats
o Adoption or amendment of subdivision or land division ordinances
o Amendment or repeal of any ordinance adopted under §62.23 Wis. Stats.
Legislative and Quasi-Judicial Roles. The Plan Commission operates both as a legislative
and quasi-judicial body. It is important to distinguish between these roles. Training
specific to this topic is contained within the City’s Board and Commissions Manual.
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GUIDANCE FOR DECISION-MAKING
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Annexation
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed annexations before the Council takes final action. This is
a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory References: §66.0217(8)(a) direct annexation - requires referral to Plan
Commission prior to adoption of an ordinance containing a temporary zoning
classification. §66.0223 annexation of city property.
Review of zoning classification: see Zoning Amendment for applicable standards
The Statutes and Ordinances allow the Commission to consider all relevant information.
Some considerations related to Annexations may include:
□ The proposed annexation is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed annexation will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed annexation will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Amendments to the Comprehensive Plan
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed amendments to the Comprehensive Plan before the
Council takes final action. This is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §66.1001 Wis. Stats.
Majority vote of entire commission (5 votes) required for adoption or recommendation
of amendment §66.1001(4)(b) Wis. Stats.
The Statutes and Ordinances allow the Commission to consider all relevant information.
Some considerations related to Comprehensive Plan Amendments may include:
□ The amendment will correct an error in the existing Comprehensive Plan
□ The proposed amendment is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed amendment will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed amendment will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Zoning Ordinance Text Amendment
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed zoning ordinance amendments before the Council takes
final action. These are ordinance text amendments and therefore broad in application.
They are a legislative determination and require a public hearing before the Plan
Commission.
General Procedures – Public Hearing on Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public hearing / enforce the rules of procedure
Close the public hearing
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7) Wis. Stats.
Ordinance Reference: 30-380
30-380 (F)(1) Within 60 days of the public hearing, the Plan Commission shall make its
recommendations regarding the application. Said recommendation may include a formal
finding of facts developed and approved by the Plan Commission concerning the
requirements of Subsection (D)(2) above (see requirements listed below), and whether the
public benefits outweigh any and all potential adverse impacts of the proposed
amendment.
Requirements -- whether the proposed amendment:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 .
o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
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to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes.
□ Advances the purposes of the general Article in which the amendment is proposed
to be located.
□ Advances the purposes of the specific Section in which the amendment is
proposed to be located.
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that may not be addressed in the current
zoning text:
o A change in the land market, or other factors which require a new form of
development, a new type of land use, or a new procedure to meet said
change(s).
o New methods of development or types of infrastructure.
o Changing governmental finances to meet the needs of the government in
terms of providing and affording public services.
o Any other factor deemed appropriate by the City.
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Zoning Map Amendment (Rezoning) – Area wide
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed zoning map amendments (rezoning) before the Council
takes final action. Because these are overall or area wide requests, they are legislative
determinations. Zoning Map Amendments require a public hearing before the Plan
Commission.
General Procedures – Public Hearing on Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public hearing / enforce the rules of procedure
Close the public hearing
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7) Wis. Stats.
Ordinance Reference: 30-381
30-381 (G)(1) Within 60 days of the public hearing, the Plan Commission shall make
its recommendations regarding the application. Said recommendation may include
a formal finding of facts developed and approved by the Plan Commission
concerning the requirements of Subsection (D)(2) above (See Requirements below),
and whether the public benefits outweigh any and all potential adverse impacts of
the proposed amendment.
Requirements -- whether the proposed amendment:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
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to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved zoning map amendment.
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.
Growth patterns or rates have changed, creating the need for an
amendment to the Official Zoning Map.
□ whether the public benefits outweigh any and all potential adverse impacts of the
proposed amendment
□ The amendment will not result in spot zoning inconsistent with surrounding
properties
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Zoning Map Amendment (Rezoning Request) – individual properties
or a limited identifiable group of properties
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed zoning map amendments (rezoning requests) before the
Council takes final action. Because individual property rights are specifically at issue,
this is a quasi-judicial determination requiring Due Process and a Public Hearing.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7) Wis. Stats.
Ordinance Reference: 30-381
30-381 (G)(1) Within 60 days of the public hearing, the Plan Commission shall make
its recommendations regarding the application. Said recommendation may include
a formal finding of facts developed and approved by the Plan Commission
concerning the requirements of Subsection (D)(2) above (See Requirements below),
and whether the public benefits outweigh any and all potential adverse impacts of
the proposed amendment.
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Requirements -- whether the proposed amendment:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved zoning map amendment.
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.
Growth patterns or rates have changed, creating the need for an
amendment to the Official Zoning Map.
□ whether the public benefits outweigh any and all potential adverse impacts of the
proposed amendment
□ The amendment will not result in spot zoning inconsistent with surrounding
properties
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Official Map Amendment
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed amendments to the Official Map before the Council takes
final action. Because individual property rights are specifically at issue, it is
recommended that changes to the Official Map, whether done on an area wide basis or
for specific properties, provide a Due Process Hearing. By Statute a Public Hearing is
required.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(6) Wis. Stats.
Ordinance Reference: 30-440
The Statutes and Ordinances allow the Commission to consider all relevant information.
Certain criteria and considerations related to zoning amendments and subdivisions may
be equally applicable to Official Map amendments including:
In general –
□ The amendment will correct an error in the existing map
□ The proposed amendment is generally consistent with the vision, goals,
objectives and policies contained in the Comprehensive Plan or there has been a
change in community characteristics or actions that justify a change
□ The proposed amendment will not be detrimental to property in the immediate
vicinity or to the community as a whole
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□ The proposed amendment will not have a significant adverse impact on the
ability to provide adequate public facilities or services or will improve public
facilities and services for a portion of or the community as a whole
From Section 30-381 related to Zoning Amendments –
□ whether the public benefits outweigh any and all potential adverse impacts of
the proposed amendment.
□ Whether the proposed amendment will:
protect the health, safety, morals, comfort, convenience, and general
welfare of the public;
control and lessen congestion in the streets;
secure safety from fire, panic, and other dangers;
promote adequate light and air;
to protect groundwater resources;
prevent the overcrowding of land;
avoid undue concentration of population;
preserve, protect, and promote property values;
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public facilities; and to preserve burial sites as
defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
From Section 30-442(B) Purpose related to Subdivisions –
to promote the public health, safety, and general welfare of the
community;
to lessen congestion in the streets and highways;
to further the orderly layout and appropriate use of land;
to secure safety from fire, panic
and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land;
to avoid undue concentration of population, to facilitate adequate
provision for transportation, water, sewerage, schools, parks,
playgrounds, and other public requirements;
to facilitate the further division of larger tracts into smaller
parcels of land;
to ensure adequate legal description and proper survey
monumentation of subdivided land;
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to facilitate enforcement of community development standards as
set forth in the Comprehensive Plan, Zoning Ordinance, Building
Code, and Official Map of the City of Oshkosh.
From Section 30-442(M)(3) Land Suitability – Subdivision Policies related to
Subdivisions –
□ To preserve and enhance existing cities and villages, and encourage compact
balanced growth shared by, and in association with, all the region's cities and
villages.
□ To encourage the development of balanced compact communities in
Winnebago County with appropriate commercial, public services, industrial,
employment, residential, and open space land uses, meeting the needs of
present and future residents of those communities.
□ To direct new growth to those areas capable of providing a full range of
urban services and facilities.
□ To prevent scattered and noncontiguous development without discouraging
new and desirable development.
□ To ensure that new development will not be detrimental to the physical,
social, and economic well-being of residents of the City or the County.
□ To ensure that new development will be organized and timed so as to permit
urban services and facilities to be provided as economically and efficiently as
possible.
□ To discourage new developments in those areas that are premature in terms
of planning and timing for the provision of adequate public services and
facilities.
□ To preserve high quality agricultural lands for that purpose.
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Extraterritorial Zoning
Role: The Joint Extraterritorial Zoning Committee is composed of a subset of members
of the Plan Commission and the affected town. The Extraterritorial Zoning Committee is
responsible for reviewing and providing a recommendation on proposed zoning map
amendments before the Council takes final action. Note: Extraterritorial Subdivisions
are governed under Article XIII Subdivisions and follow the Subdivision process.
Because most often these cases involve individual property rights, it is recommended to
follow quasi-judicial processes and provide Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7a)
Ordinance Reference: 30-701 to 30-702
The Statutes and Ordinances allow the Commission to consider all relevant information.
Certain criteria and considerations related to zoning map amendments may be equally
applicable to Extraterritorial amendments including:
□ Advances the purposes of this Ordinance as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
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o Section 30-03: Purpose and Intent
protecting the health, safety, morals, comfort, convenience, and
general welfare of the public;
control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers;
to promote adequate light and air;
to protect groundwater resources;
to prevent the overcrowding of land;
to avoid undue concentration of population;
to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public facilities; and to preserve
burial sites as defined in Sec. 157.70(1)(b), Wisconsin Statutes
□ Is in harmony with the Comprehensive Plan.
□ Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
□ Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved zoning map amendment.
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.
Growth patterns or rates have changed, creating the need for an
amendment to the Official Zoning Map.
□ whether the public benefits outweigh any and all potential adverse impacts of the
proposed amendment
□ The amendment will not result in spot zoning inconsistent with surrounding
properties
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Planned Developments
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed Planned Developments before the Council takes final
action. Because individual property rights are specifically at issue, this is a quasi-judicial
determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Ordinance Reference: Section 30-387
Three steps ---
Concept Plan (optional)
General Development Plan – Rezoning Application, if applicable (for zoning
requirements see Zoning Map Amendments)
Specific Implementation Plan
Criteria: 30-387(C)(6) The Plan Commission shall make findings with respect to the
following criteria:
□ The proposed Planned Development project is consistent with the overall purpose
and intent of this Chapter.
□ 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.)
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□ 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.
□ Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not
limited to public sewer and water and public roads.
□ The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of difference land uses and
development densities/intensities.
□ The proposed Planned Development project design does not detract from areas of
natural beauty surrounding the site.
□ The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
□ The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development
in the area.
□ 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.
□ For Planned Development projects that are proposed to be developed in phases,
the applicant can provide a timeline for development and can demonstrate that
the project would be successful even if all phases were not or could not be
completed.
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Conditional Use Permits
Role: The Plan Commission is responsible for reviewing and providing a recommendation
on proposed Conditional Use Permits before the Council takes final action. Because
individual property rights are specifically at issue, this is a quasi-judicial determination and
requires Due Process. Wisconsin Statutes require a Public Hearing.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(7)(de)(2) conditional uses.
If an applicant for a conditional use permit meets or agrees to meet all of the
requirements and conditions specified in the city ordinance or those imposed by the city
zoning board, the city shall grant the conditional use permit.
Any condition imposed must be related to the purpose of the ordinance and be based on
substantial evidence. The requirements and conditions must be reasonable and, to the
extent practicable, measurable and may include conditions such as the permit's
duration, transfer, or renewal.
The applicant must demonstrate that the application and all requirements and
conditions established by the city relating to the conditional use are or shall be satisfied,
both of which must be supported by substantial evidence.
The city's decision to approve or deny the permit must be supported by substantial
evidence.
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Substantial evidence means facts and information, other than merely personal
preferences or speculation, directly pertaining to the requirements and conditions an
applicant must meet to obtain a conditional use permit and that reasonable persons
would accept in support of a conclusion.
Once granted, a conditional use permit shall remain in effect as long as the conditions
upon which the permit was issued are followed, but the city may impose conditions
such as the permit's duration, transfer, or renewal, in addition to any other conditions
specified in the zoning ordinance or by the city zoning board.
Ordinance Reference: 30-382
30-382(H)(2) …. The Plan Commission may recommend the conditional use with
modifications and/or conditions, or may recommend denial of the proposed conditional
use. Said action shall be followed by a written report which may include a formal finding
of facts developed and approved by the Plan Commission concerning the request. Said
report shall be forwarded to the Common Council for its review and action on the
proposed conditional use.
30-382(H)(3) If the Plan Commission wishes to recommend significant changes in the
proposed conditional use, then the procedure set forth in Section 62.23(7)(d) of the
Wisconsin Statutes shall be followed prior to Plan Commission action.
Criteria: Section 30-382(F)(3)
□ A proposed conditional use may be denied unless the applicant can demonstrate to
the satisfaction of the City that the proposed conditional use will not create
undesirable impacts on nearby properties, the environment, or the community as a
whole.
whether the proposed conditional use:
□ Is in harmony with the Comprehensive Plan.
□ Would 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.
□ Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
□ 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.
□ 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.
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Section 30-382(S) Limited Conditional Uses
A limited conditional use is any development, activity or operation for which a conditional
use permit has been approved that is limited to a specific operator or property owner, or to
a specific date or event upon which the conditional use permit either expires or is required
to be reviewed and reapproved. The Plan Commission may require any proposed
conditional use request to be a limited conditional use. The Plan Commission shall specify
which of the following characteristics are present that create the need for the limited
conditional use:
i. A particular aspect of the specific land use.
ii. A particular aspect of the proposed operation (including, but not limited to,
operating hours).
iii. A particular aspect of the proposed location.
iv. A particular aspect of the proposed site design.
v. A particular aspect of the adjacent property or of the surrounding environs.
vi. Any other reason(s) the Plan Commission deems specially relevant and material.
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Revocation of Conditional Use Permit
Role: The Plan Commission is responsible for hearing proposed Revocations of
Conditional Use Permits and making a final determination on whether to revoke a
Conditional Use Permit. Because individual property rights are specifically at issue, this
is a quasi-judicial determination and requires Due Process.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Direct Staff to formally notify the applicant of the Commission’s Decision
Statutory Reference: §62.23(7)(de)(2) conditional uses.
Ordinance Reference: 30-382
30-382(L) Revocation of an Approved Conditional Use.
Revocations are initiated by the City reviewing the previously submitted application,
conditional use permit and current condition of the property and serving the property
owner with a notice to consider revocation. The notice must provide written findings
of fact related to the criteria from section 30-382(F)(3) listed above.
The Plan Commission may revoke a Conditional Use Permit upon vote of a majority
of the Plan Commission (Note: the ordinance requires a majority of the membership
of the Commission or 5 members – not a majority of those present and voting.)
Criteria: A proposed conditional use may be revoked for failing to comply with the
conditions of issuance.
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Architectural Reviews / Public Buildings
Role: The Plan Commission is responsible for reviewing the location and architectural
design of proposed public buildings. Similar to private building architectural review, the
Plan Commission may look at materials, type of construction, bulk, scale, height and may
consider materials or construction of comparable quality or design for granting variances
from the strict application of the building design standards where they may be applicable
in a particular location. This is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings (with amendments
as appropriate), second, discussion, vote
Statutory Reference: 62.23(5)
Criteria: The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to location may include:
□ The proposed location is generally consistent with the vision, goals, objectives and
policies contained in the Comprehensive Plan
□ The proposed location will not be detrimental to property in the immediate
vicinity or to the community as a whole
□ The proposed location will not have a significant adverse impact on the ability to
provide adequate public facilities or services or will improve public facilities and
services for a portion of or the community as a whole
Some Considerations related to Architectural Review may include:
□ Whether the proposed architectural design complies with zoning
requirements within the area of the proposed building or structure.
□ Minimizing adverse impacts on adjacent properties and neighborhoods
resulting from architectural and building construction practices that may
detract from the character and appearance of the area as a whole, and to
ensuring compatible design between existing and new buildings.
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Architectural Reviews / Building Design Standards
Role: The Plan Commission is responsible for hearing appeals from determinations of
the Director of Community Development regarding substitute building materials or
construction of comparable quality or design and for granting variances from the strict
application of the building design standards. Because individual property rights are
specifically at issue, this is a quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings (with amendments
as appropriate), second, discussion, vote
Ordinance Reference: Section 30-240(B)(4) the Plan Commission is authorized to grant
variances from the strict application of the building design standards when the
Commission finds that the intent of the standards has been incorrectly interpreted, that
the standards do not apply or that enforcement of the standards causes an unnecessary
hardship.
The Plan Commission may hear appeals from the decision of the Director of Community
Development regarding substitution of materials or construction of comparable quality
or design when it is infeasible to meet the design standards and the granting of the
exception is in keeping with the purposes of the Design Standards section.
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Criteria: When granting variances under this section, the Plan Commission shall follow
the same procedure as the Board of Zoning Appeals for granting variances and use the
same criteria for granting of variances. Section 30-240(B)(4)(c) adopting Section 30-411.
□ The variance will not be contrary to the public interest.
□ Substantial justice will be done by granting the variance.
□ The variance is needed so that the spirit of the ordinance is observed.
□ “Maintain the basic architectural quality of residences within the community, to minimize
adverse impacts on adjacent properties and neighborhoods resulting from architectural and
building construction practices that may detract from the character and appearance of the
neighborhood as a whole, and to ensure compatible design between existing and new
homes”.
□ Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
□ The variance will not allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic structure.
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Special Area Design Reviews
Role: The Plan Commission is responsible for hearing appeals from determinations of
the Director of Community Development and for granting variances from the strict
application of the Design Review Ordinance for certain specially designated areas
including the area zoned as Central City Mixed Use (CMU) and Riverfront Overlay
District (RF-O). Because individual property rights are specifically at issue, this is a quasi-
judicial determination and requires Due Process.
This process may involve three general types of review:
Project Review: Applications which involve modification to the physical configuration
of a property (such as the erection of a new building or the demolition of an existing
building) are subject to Project Review by the Director of Community Development, or
designee, the Plan Commission and Common Council.
Design Alteration Review: Applications which involve a change only in the exterior
appearance of a nonresidential or multi-family property (such as painting, roofing,
siding, architectural component substitution, fencing, paving, or signage), are considered
Design Alteration Review and are subject to review and approval by the Director of
Community Development, or designee.
Renovation Review: Applications which involve only a renovation of the exterior
appearance of a property (such as repainting, re-roofing, residing or replacing with
identical colors, finishes, and materials), as determined by the Director of Community
Development, or designee, are considered a Renovation Review and may proceed with
the project; no additional processes are required other than a building permit.
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General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission when required by ordinance (with amendments as
appropriate), second, discussion, vote
Forward recommendation to Council, when required by ordinance
Ordinance References: 30-240(B)(4); CMU 30-245(A); RF-O 30-245(B)
Section 30-240(B)(4) the Plan Commission is authorized to grant variances from the strict
application of the building design standards when it is claimed that the intent of the
standards has been incorrectly interpreted, that the standards do not apply or that
enforcement of the standards causes an unnecessary hardship.
The Plan Commission may hear appeals from the decision of the Director of Community
Development regarding substitution of materials or construction of comparable quality
or design when it is infeasible to meet the design standards and the granting of the
exception is in keeping with the purposes of the Design Standards section.
Criteria: When granting variances under this section, the Plan Commission shall follow
the same procedure as the Board of Zoning Appeals for granting variances and use the
same criteria for granting of variances. Section 30-240(B)(4)(c) adopting Section 30-411.
□ The variance will not be contrary to the public interest.
□ Substantial justice will be done by granting the variance.
□ The variance is needed so that the spirit of the ordinance is observed.
□ “Maintain the basic architectural quality of residences within the community, to minimize
adverse impacts on adjacent properties and neighborhoods resulting from architectural and
building construction practices that may detract from the character and appearance of the
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neighborhood as a whole, and to ensure compatible design between existing and new
homes”.
□ Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
□ The variance will not allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic structure.
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Land Acquisition
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed land acquisition before the Council takes final action. This
is a quasi-judicial determination.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Call for any public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wis. Stats. Matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to land acquisition may include:
□ The proposed acquisition is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed acquisition will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed acquisition will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Land Disposition
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed land disposition before the Council takes final action. This
is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wis. Stats. Matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to land dispositions may include:
□ The proposed disposition is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed disposition of public land will not be detrimental to or will enhance
the use of property in the immediate vicinity or the community as a whole
□ The proposed disposition will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Street Dedication
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed street dedication before the Council takes final action.
This is a quasi-judicial determination.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Call for any public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wis. Stats. Matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to street dedications may include:
□ The proposed dedication is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed dedication will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed dedication will not have a significant adverse impact on the ability
to provide adequate public facilities or services or will improve public facilities
and services for a portion of or the community as a whole
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Street Vacation
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed street vacations before the Council takes final action. This
is a legislative determination.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §66.1003 Wis. Stats Wis. Stats.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations related to street vacations may include:
□ The proposed street vacation is generally consistent with the vision, goals,
objectives and policies contained in the Comprehensive Plan or there has been a
change in community characteristics or actions that justify a change
□ The proposed street vacation will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed street vacation will not have a significant adverse impact on the
ability to provide adequate public facilities or services or will improve public
facilities and services for a portion of or the community as a whole
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Easements
Role: The Plan Commission is responsible for reviewing and providing a recommendation
on proposed easements before the Council takes final action. Because individual property
rights are specifically at issue, this is a quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(5) Wisconsin Statutes – matters referred to Plan Commission.
The Statutes and Ordinances allow the Commission to consider all relevant information.
Some considerations related to proposed easements may include:
□ The proposed easement is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan or there has been a change in
community characteristics or actions that justify a change
□ The proposed easement will not be detrimental to or will enhance the use of
property in the immediate vicinity or the community as a whole
□ The proposed easement will not have a significant adverse impact on the ability to
provide adequate public facilities or services or will improve public facilities and
services for a portion of or the community as a whole
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Access Control Variances
Role: The Plan Commission is responsible for granting variances to the municipal code
provisions for driveway standards and access. Because individual property rights are
specifically at issue, this is a quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and recommendation
of the Commission (with amendments as appropriate), second, discussion, vote
Forward recommendation to Council
Ordinance Reference: Section 25-104.2
Standards:
The Plan Commission is authorized to grant in writing, variances from the strict application
of driveway conditions and criteria provided it is determined that the following conditions
are present:
(1) The exception or variance desired arises from peculiar physical conditions not
ordinarily existing in similar districts in the city, or is due to the nature of the business
or operation on the abutting property.
(2) That the granting of the permit for the exception or variance will not adversely affect
the rights of adjacent property owners or tenants.
(3) That exception or variance desired is not against the public interest, particularly safety,
convenience and general welfare.
(4) That the strict application of the terms of this chapter will impose unnecessary
hardship on the property owner or tenant.
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Review and Recommend CIP
Role: The Plan Commission is responsible to review and make a recommendation to the
Common Council relative to whether the City’s proposed Capital Improvements
Program (CIP) is consistent with the City’s Comprehensive Plan and other plans as
applicable. This is a legislative action.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(4) the Plan Commission may recommend to the mayor or
council, programs for public improvements and the financing thereof.
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations may include:
□ Whether the proposed CIP is generally consistent with the vision, goals, objectives
and policies contained in the Comprehensive Plan
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Area Plans and Studies
Role: The Plan Commission is responsible to review and make a recommendation to the
Common Council relative to certain Area Plans and Studies. This is a legislative action.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §62.23(4)
The Statutes and Ordinances allow the Commission to consider all relevant
information. Some considerations may include:
□ Whether the Plan or Study and its recommendations or conclusions are generally
consistent with the vision, goals, objectives and policies contained in the
Comprehensive Plan and any other applicable plans or directives.
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Review and Recommend Tax Incremental Finance District (TIF) Plans
Role: By statute, the Plan Commission must hold a public hearing to allow interested
persons a reasonable opportunity to express their views on the proposed creation and
boundaries of a tax incremental district and the proposed district plan. The Plan
Commission must also designate the boundaries of the TIF District and adopt the Project
Plan, both for submission to the Council and Joint Review Board for final action. This is
a legislative action.
General Procedures – Legislative Matters
Introduce the items by title
Accept staff report as part of the record and request staff to provide summary/technical
questions to staff
Open public comment / enforce the rules of procedure
Close the public comment period
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: §66.1105(4)(e)
Criteria:
□ Designate the boundaries
□ Finding that the plan is feasible and in conformity with the City’s
Comprehensive Plan
Council will be required to make the following findings, which the Plan Commission
may make recommendation on:
□ Not less than 50 percent, by area, of the real property within the district is at least
one of the following: a blighted area; in need of rehabilitation or conservation
work, as defined in s. 66.1337 (2m) (a); suitable for industrial sites within the
meaning of s. 66.1101 and has been zoned for industrial use; or suitable for
mixed-use development.
□ The improvement of the area is likely to enhance significantly the value of
substantially all of the other real property in the district.
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□ The project costs relate directly to eliminating blight, directly serve to rehabilitate
or conserve the area or directly serve to promote industrial or mixed-use
development, consistent with the purpose for which the tax incremental district
is created.
□ the equalized value of taxable property of the district plus the value increment of
all existing districts does not exceed 12 percent of the total equalized value of
taxable property within the city.
□ If the district is declared to be an industrial district, confirms that any real
property within the district that is found suitable for industrial sites and is zoned
for industrial use will remain zoned for industrial use for the life of the tax
incremental district.
□ that the district is a blighted area district, a rehabilitation or conservation district,
an industrial district, or a mixed-use district based on the identification and
classification of the property included within the district (may be based on which
classification is predominant with regard to the area).
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Plats / Subdivision Plats
Role: The Plan Commission is responsible for reviewing and providing a
recommendation on proposed Land Divisions and Subdivision Plats before the Council
takes final action. Because individual property rights are specifically at issue, this is a
quasi-judicial determination and requires Due Process.
General Procedures -- Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public comment / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public comment period
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings and
recommendation of the Commission (with amendments as appropriate), second,
discussion, vote
Forward recommendation to Council
Statutory Reference: Chapter 236 Wis. Stats.
Ordinance Reference: Chapter 30, Article XIII. Subdivisions
Criteria:
Section 30-442(M) Land Suitability
(1) No land shall be subdivided which is judged by the Plan Commission to be
unsuitable for use by reason of flooding, inadequate drainage, adverse soil or rock
formation, unfavorable topography, or any other feature likely to be harmful to
the health, safety, or welfare of future residents or land owners in the proposed
subdivision or of the community.
The City Plan Commission, in applying the provisions of this Ordinance, shall in
writing recite the particular facts upon which it bases its conclusion that the land
is not suitable for the proposed use, and afford the subdivider an opportunity to
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present evidence regarding such unsuitability, if he so desires. Thereafter, the City
Plan Commission may affirm, modify, or withdraw its determination of
unsuitability.
(2) In the case of land divisions and platted subdivisions, lot sizes shall conform to
the area and width requirements prescribed for the zoning district in which the
property is located, provided that in commercial and industrial districts lotting
shall be to widths and areas deemed by the City Plan Commission to be
appropriate for the prescribed use.
(3) Subdivision Policies. The City of Oshkosh subscribes to the policy that urbanizing
land should desirably be located in a compact manner within an existing city or
village where a basic range of urban services and facilities will be available.
Subdivisions shall conform to the following policies:
a) To preserve and enhance existing cities and villages, and encourage compact
balanced growth shared by, and in association with, all the region's cities and
villages.
b) To encourage the development of balanced compact communities in
Winnebago County with appropriate commercial, public services,
industrial, employment, residential, and open space land uses, meeting the
needs of present and future residents of those communities.
c) To direct new growth to those areas capable of providing a full range of
urban services and facilities.
d) To prevent scattered and noncontiguous development without discouraging
new and desirable development.
e) To ensure that new development will not be detrimental to the physical,
social, and economic well-being of residents of the City or the County.
f) To ensure that new development will be organized and timed so as to permit
urban services and facilities to be provided as economically and efficiently
as possible.
g) To discourage new developments in those areas that are premature in terms
of planning and timing for the provision of adequate public services and
facilities.
h) To preserve high quality agricultural lands for that purpose.
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Subdivision Criteria
a) A preliminary plat or final plat of any subdivision shall not be approved unless
the City Plan Commission and Common Council determine that adequate
public facilities and public services are available to support and service the area
of the proposed subdivision.
b) A preliminary plat of a land division shall not be approved unless the Plan
Commission determines that adequate public facilities and public services
are available to support and service the area of the proposed land division.
c) In considering the questions of adequacy of public facilities and public services
as set forth hereinabove, the Plan Commission and Common Council shall
consider, but not be limited to:
(i) The nature, extent and size of the proposed subdivision and its impact
in terms of the estimated increase in population expected to result; and
(ii) The present or projected state of development likely to result when said
subdivision is developed in context with projected densities, as
anticipated by adopted area Comprehensive Plans, and currently
approved subdivisions in the surrounding area and the immediate
vicinity of the proposed subdivision; and
(iii) The avoidance of expenditures of public funds necessitated by the
proposed subdivision which are not in adopted capital or operating
budgets.
d) For subdivisions in the City of Oshkosh, the applicant shall furnish data as may
be requested by the Director of Community Development, or designee, who
will coordinate statements of adequacy for transportation, storm sewer
and/or storm drainage facilities, sanitary sewer, water service, fire and police
protection, parks, open space, recreation, and school facilities for the Plan
Commission and Common Council.
e) For subdivisions in the extraterritorial area, the applicant shall include with
the application for subdivision approval a statement evaluating and
demonstrating compliance with the provisions of this Section to be reviewed
by City Departments and forwarding, with appropriate comments, to the
Plan Commission and Common Council.
f) Public facilities and public services may be determined adequate for a
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proposed subdivision when the following conditions are found to exist:
(i) The proposed subdivision shall be deemed adequately accessible via
roads and public transportation facilities if any of the following
conditions are present:
(aa) Existing roads are adequate to accommodate the traffic that would
be generated by the subject subdivision in addition to existing
traffic, and are publicly maintained all weather roads; or
(bb) Such additional roads or road improvements necessary in
combination with existing roads to accommodate the additional
traffic that would be generated by the subject subdivision are
budgeted in the current adopted budget for construction with
public or private financing.
(ii) The proposed subdivision shall be determined to have adequate storm
sewer and/or storm drainage facilities when the City Engineer certifies
to the Plan Commission and Common Council that adequate funds,
either public or private, are available to assure the installation of storm
sewers and/or storm drainage facilities meeting the standards of the
Department of Public Works, or are comparable to those established by
the Department of Public Works for storm sewer and/or storm drainage
facilities.
(iii) The proposed subdivision shall be determined to have adequate
sanitary sewerage facilities if located within an area in which main line
interceptor sewer service is presently available, under construction, or
designated by the Common Council or other local unit of government
for extension of sewer service within the current capital budget year,
and funds are specifically provided for such extension either from
public or private financing. In its determination of the adequacy of
sewerage service, the Plan Commission and Common Council shall
consider the recommendation of the City Engineer, the capacity of
trunk lines and sewerage treatment facilities and any other information
presented.
(iv) In its determination of the adequacy of water service, the Plan
Commission and Common Council shall consider the recommendation
of the Department of Public Works, the capacity of distribution lines,
water sources, water storage facilities, and any other information
presented.
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(v) The proposed subdivision shall be deemed to have adequate fire
protection and police service when it can be demonstrated that fire and
police services are so situated that adequate and timely service can be
provided so as not to involve danger or injury to health, safety, or
general welfare to the future residents of the proposed subdivision.
In its determination of the adequacy of fire and police services, the Plan
Commission and Common Council shall consider the
recommendations of the Oshkosh Police and Fire Departments or other
local departments providing such services in the area of the proposed
subdivision, including the grading of the Fire Department serving the
area based on the American Insurance Association.
(vi) The proposed subdivision shall be deemed to have adequate parks,
open space and recreation when it can be demonstrated that the future
residents of the proposed subdivision will have such park, open space
and recreation services and facilities available to them, as are
established by the standards in the most recently adopted
Comprehensive Park and Recreation Plan for the City of Oshkosh.
(vii) The proposed subdivision shall be deemed to have adequate school
facilities when the school district in which such proposed subdivision
will be located upon its development, provides information that
adequate classroom space is either available within the normal walk in
service area, or that adequate transportation as normally provided by
the school district can be provided to elementary through high schools
that have sufficient classroom space to provide for the anticipated
school age children in the proposed subdivision.
(viii) Where the Plan Commission and Common Council determine that one
or more public facilities or public services are not adequate for the full
development proposed, but that a portion of the area could be served
adequately, or careful phasing of the development could result in all
public facilities or public services being adequate, conditional approval
may include only such portions or may specify phasing of the
development.
(2) Land Division Criteria
a) Agricultural Land Division. The Plan Commission may grant approval of a
land division subdividing portions of agricultural lands within the corporate
limits of the City of Oshkosh or within the extraterritorial plat approval
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jurisdiction, provided the Commission determines the proposed land
division will assist and assure the continuation of the agricultural use.
b) Nonagricultural Land Division. In the case of nonagricultural lands, the Plan
Commission may grant approval of a land division within the corporate
limits of the City of Oshkosh or within the extraterritorial plat approval
jurisdiction, provided the Commission determines the proposed land
division complies with each of the following criteria:
(i) The proposed land division shall be compatible with adjacent land
uses and shall maintain the general land use pattern of the area in
question.
(ii) The proposed land division shall result in a development pattern which
is compatible with surrounding developments and land uses.
Measures of compatibility shall consider lot sizes, traffic generation,
access, noise and visual features.
(iii) The proposed land division and resulting development shall not
demonstrably adversely affect the City's ability to provide public
services, install public improvements or accomplish future annexations.
The Plan Commission may consider annexation agreements with the
property owner in order to comply with this requirement. The Plan
Commission may also consider whether the City and Town(s) have
reached an agreement on necessary public improvements and public
service facilities required to serve the development.
(iv) The proposed land division shall represent infilling of vacant land.
Infilling is defined as a land division which will accommodate the
development of vacant land located such that surrounding existing
land uses render the land impractical for any but similar uses.
(v) If the Plan Commission finds that adequate public facilities and public
services are not available to support and serve the area of the proposed
land division, the land division shall be referred to the Common
Council for a final determination.
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30-443 Preliminary Plat –
(B)(6)(c)-(e) The Secretary of the Plan Commission shall transmit copies of the
preliminary plat to the Department of Public Works, and all affected boards, commissions,
or departments, for their review and recommendations concerning matters within their
jurisdiction. The preliminary plat shall be reviewed by the Plan Commission and its staff
for conformance with this Ordinance and all Ordinances, rules, regulations,
Comprehensive Plans and Comprehensive Plan components which affect it.
Approval or conditional approval of a preliminary plat is deemed an expression of
approval or conditional approval of the layout submitted as a guide to the preparation of
the final plat, which will be subject to further consideration by the Common Council.
30-443 Final Plat
(C)(5) The City Plan Commission shall examine the final plat as to its conformance with
the approved preliminary plat, conditions of approval of the preliminary plat, this
Ordinance and all ordinances, rules, regulations, Comprehensive Plans and
Comprehensive Plan components which may affect it, and shall recommend approval,
conditional approval, or rejection of the final plat to the Common Council.
The final plat may, if permitted by the Common Council after review and
recommendation by the City Plan Commission, constitute only that portion of the
approved preliminary plat which the subdivider proposes to record at that time.
The Plan Commission shall transmit the plat, together with its recommendations to the
Common Council within thirty (30) days of the date of filing of the final plat with the City
Clerk. The Council shall approve or reject the final plat within sixty (60) days of its
submission to the City Clerk, unless the time is extended by mutual agreement with the
subdivider. Reasons for rejection shall be in writing and forwarded to the subdivider.
Failure of the Common Council to act within sixty (60) days (and the time period not
having been extended, and no unsatisfied objections having been filed), shall constitute
approval of the final plat.
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Approval of Certified Survey Maps / CSM
Role: The Plan Commission is responsible for reviewing and approval of certified survey
maps. The Plan Commission is responsible for final action on CSM’s. Because individual
property rights are specifically at issue, this is a quasi-judicial determination and requires
Due Process.
General Procedures -- Public Hearing on Quasi-judicial Matters
Introduce the items by title
Report site inspections / disclose communications by Commission members
Accept staff report as part of record and request staff to provide summary / technical
questions to staff
Open public hearing / enforce the rules of procedure
Request statement / information from applicant
Call for any additional public comment
(the Chair may ask all questions be directed to the Commission and the Commission may
follow through to seek answers as appropriate)
Close public hearing
Any closing comments from applicant
Commission action – motion adopting the staff report as the findings (with amendments
as appropriate), second, discussion, vote
Statutory Reference: Chapter 236 Wis. Stats.
Ordinance Reference:
30-443(D)(3) Within thirty (30) days of receiving copies of the Certified Survey Map of
the land division, the Plan Commission shall take action to approve, approve
conditionally, or reject such map, and shall state in writing any conditions of approval or
reasons for rejection, unless time is extended by mutual agreement with the subdivider.
The Secretary of the Plan Commission shall certify on the face of the Certified Survey
Map the Plan Commission's approval and return the map to the subdivider.
Criteria: ordinance specifies that CSM’s must include all information required on a
preliminary plat under section 30-443(D)(2) and by 236.34 of the Wisconsin Statutes.
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ADDITIONAL RESOURCES
State of Wisconsin
www.wisconsin.gov
League of Wisconsin Municipalities
www.lwm-info.org
The League offers a number of useful handbooks and publications including a general
Handbook for Wisconsin Municipal Officials
UW – Extensions Local Government Center
www.lgc.uwex.edu
Council Policies
1
Budget Development
Policy
2
SUBJECT: BUDGET DEVELOPMENT POLICY
General: The process for the publication and legislative consideration of the annual budget for
the City of Oshkosh is stated in Wisconsin Statutes (sections 62.12 and 65.90). Those legislative
pronouncements provide the overall framework and minimum legal requirements for the city budget
process. This policy outlines the process to be followed by city staff and the City Council in
developing and presenting the annual operating and capital budgets for all city operations, including
utilities for review and adoption.
The objectives of this policy are to provide guidance to the City Council and city staff with respect
to the annual budgets for city operations, particularly with respect to balanced operating budgets.
As the city must live within its means, a balance must be struck between funding sources for
operations and expenditures so that the public can realize the benefits of a strong and stable
government. Budget structural balance, where a balance is maintained between operating
revenues and operating expenditures over the long-term, is a goal of this policy. Due to certain
circumstances, an annual operating budget may be adopted in which revenues and expenditures
do not equal; however, the trend over the longer term (e.g., 3-5 years) should achieve structural
balance.
Recommendation: It is recommended by the Government Financial Officers Association (GFOA)
and the National Advisory Council on State and Local Budgeting (NACSLB) that local municipalities
strive to include five (5) key characteristics in the budget process:
1. Incorporates a long-term perspective
2. Establishes linkages to broad organizational goals
3. Focuses budget decisions on results and outcomes
4. Involves and promotes effective communication with the public
5. Provides incentives to government management and employees
Procedures:
1. The annual budget for the city developed for presentation to the City Council will include all
operations of the city, including utilities, and will include both the operating budget for the
ensuing fiscal year and a capital budget based upon a ten-year capital improvement plan.
Boards, committees, or commissions (e.g., Library Board, Parks Advisory Committee, Bike
and Pedestrian Committee, Museum – hereinafter collectively referred to as “committee”)
should review such budgets with the applicable department head before presentation to the
City Council and preferably before the annual budget is finalized.
2. Before commencement of the annual budget process, the Finance Director, in consultation
with the City Manager, will develop recommended budget parameters and the budget
calendar. Budget parameters will include allowable increases in operating budgets,
projected wage increases, targets for borrowing in accordance with the city’s debt
management policy, anticipated changes in revenue sources or tax base growth, and other
factors.
3. The budget calendar shall allow adequate time for committee input. The calendar should
also allow for the possibility of five Council workshops; one towards the end of June to
review capital projects, one toward the end of August to discuss early projections and
priorities from Council, two all day sessions in October to review the recommended budget,
and a final workshop may be scheduled after the public hearing. If applicable, staff will
distribute budget calendars to committees who review budget submittals.
3
4. Certain elements of budgets that are common across departments will be calculated and/or
monitored on a centralized basis to ensure comparability and budgetary control. These
areas, including the authority responsible for oversight, include:
Salaries and benefits – Finance Director
5. The Finance Director is responsible for coordination and initial review of department budget
submissions. Following initial review, the Finance Director will work with the City Manager
to develop a budget. Meetings will be held with departments to review their budget requests
prior to finalizing the budget.
6. Budget requests should be consistent with the city’s adopted Strategic Plan.
7. The budget, consisting of the City Manager’s recommendations on department requests,
shall be submitted to the City Council for its consideration. Along with the executive budget
submission, the following information will be reported to the City Council. A report from the
City Manager as to whether the budget falls within the initial parameters established by the
City Council and areas in which changes/adjustments could be considered.
8. Any new program or request for additional positions need to be submitted to the City
Manager in the form of a “Budget Enhancement”. Budget Enhancements will be presented
to the City Council for consideration separately from the recommended budget.
9. City Council deliberations on the budget will include consideration of the budget, and
department head consultation as determined by the Council. The annual operating and
capital budgets will be submitted to the City Council for adoption as provided in the City of
Oshkosh Municipal Code and Wisconsin Statutes.
10. The City Council will hold the statutory public hearing in early November. Prior to the public
hearing, city staff will provide public notice of the recommended budget and public hearing
in compliance with the requirements of the Wisconsin Statutes governing the budget
process and the Wisconsin Open Meetings Law.
11. The City shall annually adopt a balanced budget for the General Fund where operating
revenues and other funding sources are equal to, or exceed, operating expenditures.
Funding sources that can be considered in adhering to this provision include that portion of
General Fund balance in excess of the minimum, per the city’s Fund Balance Policy, that
may be budgeted to reduce the ensuing year’s tax levy. Any increase in expenditures,
decrease in revenues, or combination of the two that would result in a budget imbalance
during the current fiscal year will be reported to the City Council. Any year-end operating
surpluses will revert to unreserved fund balance for use in maintaining reserve levels set
by policy.
12. Enterprise funds shall be supported by their own rates and specified revenue sources,
including property taxes as deemed appropriate by the City Council, and not be subsidized
by the General Fund. Enterprise funds will pay their share of overhead services provided
by General Fund departments. Enterprise fund operating surpluses will not be used to
subsidize other city funds.
13. Sufficient charges shall be levied to operating departments to support activities accounted
for in the Internal Service Fund. No trend (3-5 years) of operating deficits in the Internal
Service Fund shall be allowed.
4
14. The operating budget shall serve as the annual financial plan for the city and as the policy
document for implementing Council goals and objectives outlined in the city’s Strategic
Plan. The budget shall provide staff the resources necessary to accomplish City Council
determined service levels. The city’s annual budget document will be presented by
department, with a logical breakdown of programs and line-item detail. Separate summary
budget information will also be presented for discussion and review by the City Council and
the public. A future goal, if practical, may include in the annual budget document measures
of workload, efficiency, and effectiveness.
15. The City Council exercises legal budgetary control at the fund level, however within the
budget document the city reports functional and departmental activity levels. Budget
accountability rests primarily with the operating departments of the city, with oversight by
the City Manager.
CIP Policy
Debt Management Policy
Fund Balance Policy
CITY OF OSHKOSH
CITY COUNCIL POLICY STATEMENT
General Subject: Administration Date Drafted: 7/29/2020
Revised: 5/09/2023
Special Subject: Fund Balance Effective Date:
General: The objectives of this policy are as follows:
Provide working capital for the City to meet cash flow needs during the year (while
avoiding the need to cash flow borrow).
Preserve the credit worthiness (credit rating) of the City for borrowing funds at
favorable interest rates.
Provide a comfortable margin of safety to address unanticipated expenditures /
emergencies and unexpected declines in revenue due to economic downturns,
natural disasters, etc.
Provide a resource to stabilize fluctuations from year to year in the property taxes
paid by the (city, City, town, county) taxpayers.
Policy: The City of Oshkosh has implemented Governmental Accounting Standards
Council (GASB) Statement No. 54 Fund Balance Reporting and Governmental
Fund Type Definitions. All definitions within the Fund Balance Policy will be in
agreement with GASB No. 54. GASB No. 54 has identified 5 levels of restrictions
on fund balance. The levels are defined below.
Nonspendable fund balance—amounts that are not in a spendable form (such as
inventory) or are required to be maintained intact (such as the corpus of an
endowment fund)
Restricted fund balance—amounts constrained to specific purposes by their
providers (such as grantors, bondholders, and higher levels of government),
through constitutional provisions, or by enabling legislation
Committed fund balance—amounts constrained to specific purposes by a
government itself, using its highest level of decision-making authority; to be
reported as committed, amounts cannot be used for any other purpose unless
the government takes the same highest-level action to remove or change the
constraint
Assigned fund balance—amounts a government intends to use for a specific
purpose; intent can be expressed by the governing body or by an official or body
to which the governing body delegates the authority
Unassigned fund balance—amounts that are available for any purpose; these
amounts are reported only in the general fund.
CITY OF OSHKOSH
CITY COUNCIL POLICY STATEMENT
General Subject: Administration Date Drafted: 7/29/2020
Revised: 5/09/2023
Special Subject: Fund Balance Effective Date:
Procedures: In order to achieve the objectives of this policy, the following guidelines shall be
adhered to by the City Council:
1. As part of the annual budget process, the Financed Director will estimate the
surplus or deficit for the current year and prepare a projection of the year-end
fund balance. Such projection will include an analysis of trends in fund balance
levels on a historical and future projection basis.
2. Withdrawal of any amount of the fund balance in excess of the targeted
maximum of the amount budgeted under (1) above, for the sole purpose of
reducing the ensuing year’s property tax levy, may be made only upon a two-
thirds vote of the City Council.
3. The City Council, by a two-thirds vote, can declare a fiscal emergency and
withdraw any amount of general fund balances for purposes of addressing the
fiscal emergency. Any such action must also provide for necessary
appropriations to restore the general fund balance to the minimum balance with
a set plan approved by the City Council
4. The unassigned general fund balance shall be maintained as of December 31
of each year equal to a minimum of 16% of the ensuing year’s budgeted
general fund expenditures, with a targeted maximum of 30% of the ensuing
year’s budgeted expenditures.
5. Funds in excess of 30% of the unassigned fund balance target may be
considered to supplement “pay as you go” capital outlay expenditures (including
reduction of anticipated debt issues) or to prepay existing debt via cash
defeasance as allowable. The decision of how to use these funds will be made
by the City Council. Unassigned fund balance shall not be used to support
recurring operating expenditures.
6. If, at any time, the unassigned general fund balance is lower than the above
stated amount, the City Council, shall implement a plan to rebuild the
unassigned fund balance to the minimum level. This may include increasing the
annual budget to replenish the fund (over a period of one or more years) or
applying the remaining unexpended general fund resources at the end of a
fiscal year.
CITY OF OSHKOSH
CITY COUNCIL POLICY STATEMENT
General Subject: Administration Date Drafted: 7/29/2020
Revised: 5/09/2023
Special Subject: Fund Balance Effective Date:
7. The City of Oshkosh will report at the end of each fiscal year the portion of the
fund balance that is not in spendable form as Non-spendable fund balance on
the financial statements.
8. At the end of each fiscal year, the City will report “restricted” fund balance for
amount that have applicable legal restriction per provisions of GASB #54.
Normally fund balances in debt service funds and capital project funds with
remaining long-term debt proceeds will be reported as “restricted”.
9. The City of Oshkosh will maintain appropriate commitments or assignments of
general fund, special revenue funds, debt service funds and capital projects
funds for specified purposes, including but not limited to contingencies,
compensated absences, or similar items. Commitments and / or assignments
of fund balance shall be made by the City Council.
Balance Requirements:
General Fund
The targeted unassigned fund balance restrictions shall apply to the
General Fund only. The General Fund has greater bearing on the outlook
of the City as a whole compared to the other City Funds.
All Other City Funds
Every City Fund will have its fund balance categorized with the five
categories pursuant to GASB 54. While the City encourages each fund to
meet the 16% minimum balance, the General Fund is the only fund that has
the requirement. The revenues, expenditures, and functions of each fund
are different making the 16% minimum difficult to require.
Minimum Working Capital for Enterprise Funds
Minimum targeted working capital for Enterprise Funds should equal six
months of next year’s operating expenses, including depreciation, plus
100% of next year’s debt payments.
Cash Handling Policy
CITY OF OSHKOSH
CITY COUNCIL POLICY STATEMENT
General Subject: Administration Date Drafted: 6/07/2023
Revised:
Special Subject: Cash Handling Effective Date:
PROCEDURES FOR RECONCILING AND DEPOSITING FUNDS:
The collections department will perform a daily reconciliation of their transactions, and a deposit
of any funds that exceed $500 in their drawer. A deposit slip will be completed and all cash and
checks will be bound together. All cash, checks, sales slips, receipts, and other applicable
documents must be secured and safeguarded. All cash and checks must be receipted by the
cash register. All checks must be endorsed immediately upon receipt by the department.
The total of the deposit should agree with the total of the daily receipts. Routinely, the above
records need to be reviewed by someone other than the individuals involved in the above
functions. All money received is to be deposited with the City’s operating bank. No money is to
be withheld from a deposit in order to cash personal checks or to purchase miscellaneous items
for the department. Purchases made in this manner reduce the amount of revenue and
expenditures reported and weaken the internal control procedures. The practice of netting
program revenue is not allowed.
All overages and shortages should be reported to the supervisor as soon as they are discovered.
The employee responsible for the cash must report any shortages immediately to his/her
supervisor. To enhance the internal control over money, a segregation of duties within the
department needs to occur whenever possible, so that errors or irregularities are prevented or
promptly detected. The duties of one employee should provide a cross-check of the work of one
or more employees.
CONTROLS FOR CASH HANDLING:
If you take payment in cash and to prevent errors and potential disputes you should:
o Talk through the transaction with the customer.
o Segregate bills by denomination before you count the money.
o Take your time in counting cash.
o If an interruption occurs during the counting process, the counting must be stopped and
started again from the beginning.
o Strap money when receiving a large amount of bills.
o Double count large amounts and payments which involve many bills (two people should
count it and an adding machine tape may be used).
o Inspect large bills closely ($20, $50 and $100) for counterfeit.
o Keep money received in view but out of reach of the customer until the transaction is
complete.
o Always receipt the same amount of cash as you place in the till.
o Cash should be immediately placed in the till as soon as the transaction is complete.
o Do not handle two transactions at once, i.e. don’t make change in the middle of taking a
payment even for the same customer.
If you take payment in cash and to prevent errors and potential disputes you should:
o Checks for City revenue should be made payable to the “City of Oshkosh.”
o Examine the check as follows:
CITY OF OSHKOSH
CITY COUNCIL POLICY STATEMENT
General Subject: Administration Date Drafted: 6/07/2023
Revised:
Special Subject: Cash Handling Effective Date:
Has it been altered?
Is it signed? Does preprinted name agree with the signature?
Does the numbered amount agree with the written amount?
Is the check post-dated? ~ DO NOT ACCEPT
Never agree to hold a check for anyone
o Restrictively endorse the check as soon as you receive it.
o Personal and company checks are accepted for the amount of sale only.
o Discrepancy between Numeric and Written Amounts: When the numeric and written
amounts on a check do not agree, a new check should be requested. If a corrected
check cannot be obtained, steps must be taken to ensure collection of the correct
amount.
SAFEGUARDING:
Cash and checks are to be secured and safeguarded. Access to cash and checks is to be
restricted to those employees who are assigned fiscal responsibility. All cash receipts are to be
deposited same day or the next business day. The number of employees with knowledge of the
safe combination is to be kept to an absolute minimum.
All losses resulting from or involving actual or suspected theft, burglary or robbery must be
reported immediately to the supervisor, the Police Department and the Finance Director even if
no loss actually occurred. The supervisor shall prepare a written report documenting the events
and provide a copy to the Finance Director along with the police report. All losses resulting from
errors in record-keeping or making change (mysterious disappearance) where theft is not
suspected shall be recorded and be available for audit upon request.
Capitalized Fixed Asset
Policy
Updated for April 3, 2024 Meeting
SUBJECT: CAPITALIZED FIXED ASSET POLICY
General: To establish a general policy for Capitalized Fixed Assets including standards for
valuation of assets with a useful life greater than one-year.
Objectives:
A. The City’s Record of Capital Assets shall include general fixed assets, i.e., non-
infrastructure assets. Infrastructure assets are assets that are immovable and of value
only to the City government, e.g., buildings, sewers, and streets. As a general rule,
“capitalized” items maintained within the City’s Record of Capital Assets shall have an
expected useful life greater than one year and a purchase, donated or assessed value
equal to or greater than $5,000. For computer equipment, initial operating software
shall be included but subsequent operating software and application software shall be
excluded.
B. Major costs subsequent to the acquisition of the asset should be classified as either an
improvement or maintenance. Improvements lengthen useful life or increase service
capacity (effectiveness or efficiency) and are capitalized. Maintenance retains the
asset’s value and keeps the asset in normal working condition, thus is expensed.
C. Asset Valuation
Departments shall record long-term assets at historic cost or, if the cost is not readily
determined, at estimated historic cost. Cost shall include applicable ancillary costs.
All costs shall be documented, including methods and sources used to establish any
estimated costs.
1. Purchased Assets – the recording of purchased assets shall be made on the basis
of actual costs, including all ancillary costs, based on vendor invoice or other
supporting documentation.
2. Salvage Value – the recording of purchased assets that are expected to be sold at
retirement should be recorded with the historical estimated sale value if in excess
of $5,000.00. If sale value is less than $5,000.00, normal depreciation for the
useful life will be used.
3. Self-Constructed Assets – All direct costs (including labor) associated with the
construction project shall be included in establishing a self-constructed asset
valuation. If a department is unable to specifically identify all direct costs an
estimate of the direct cost is acceptable, but must be supported by a reasonable
methodology.
4. Donated Assets – Fixed assets acquired by gift, donation or payment of a nominal
sum not reflective of the asset’s market value shall be assigned cost equal to the
fair market value at the time of acquisition.
5. Leased Property - Capital lease property should be recorded as an asset and
depreciated as though it had been purchased.
6. Dedicated Assets – Required installation by Developer of public improvements,
including but not limited to sanitary service mains, manholes, laterals and all
appurtenances, water mains, laterals, hydrants, valves and all appurtenances,
storm sewers, storm water management measures, streets, curb and gutter, street
lights, street signs, sidewalks will be dedicated to the City upon completion.
Recording of infrastructure assets will be made on the basis of actual costs,
including all ancillary costs, based on vendor invoice or other supporting
documentation provided by the Developer.
1. Capital Outlay – Individual items with minimum value/cost of at least $5,000 AND life greater than one year.
2. Capital Project – Individual items with minimum value/cost of at least $10,000 AND has expected life of at least ten years.
NEW
OBJECT#OBJECT DESCRIPTION DEFINITIONS/VENDORS
7202 Office Equipment Desks, Chairs, Cubicles, Toughb ooks, Filing Cabinets, Telephones, GIS
Equipment
7204 Machinery & Equipment Excavators, Skid steers, Mowers, Turnout Gear, Fire Hose, Generators,
Equipment Attachments
7210 Motor Vehicles - Licensed & Road Ready Vehicle to include all specialty modifications to b e put into service and road
ready. Include registration, licensing, and equipment needed for
modifications.
7212 Radios - Emergency Communication Equipment Two-w ay Radios
7214 Buildings & Building Improvements Building Definition: A building is a structure that is permanently attached
to the land, has a roof, is partially or completely enclosed by walls and is
not intended to be transportable or moveable. Buildings that are ancillary
to the state’s highway network, such as rest area facilities and toll
buildings, are reported as infrastructure rather than as buildings.
Building Improvement Definition: Building improvements are capital
events that materially extend the useful life of a building or increase its
value, or both. A building improvement should be capitalized and recorded
as an addition of value to the existing building if the expenditure meets the
capitalization threshold.
7216 Land & Land Improvements Land Definition: Land is the surface or crust of the earth that can be used
to support structures and may be used to grow crops, grass, shrubs and
trees. Land is characterized as having an unlimited (indefinite) life.
Land Improvement Definition: Land improvements consist of site
preparation and site improvements (other than buildings) that ready land
for its intended use. The costs associated with improvements to land are
added to the land value.
7218 Road Improvements Road Improvements: means improvements to existing roads, construction
of new roadway improvements and acquisition of land necessary or
convenient for the improvement of traffic circulation.
7222 Fine Art Exhibition Museum - Works of art and historical treasures are collections or
significant individual items that are owned by a state agency and held for
public exhibition, education or research as part of a public service rather
than for financial gain. The costs associated with presenting the Exhibition
are added to the value.
7230 Computer Software Software/Subscriptions that exceed 12 months and exceeds $5,000 in costs.
7200's OBJECT SERIES
Capital Outlay, Capital Project, and Capital Improv ement Program
Investment Policy
1 | P a g e
City of Oshkosh, WI
Investment Policy
SCOPE
This policy applies to all funds under the authority of the City of Oshkosh, Wisconsin (the “City”) not
immediately needed to meet operating expenses of the City. Specific funds covered under this policy
include General, Special Revenue, Debt Service, Capital Projects, Sewer, Enterprise, Trust and Agency,
and any newly created fund(s) unless specifically exempted. Financial assets of funds not under the
authority of the City are administered in accordance with a separate policy.
I. GENERAL OBJECTIVES
The primary objectives of investment activities shall be safety, liquidity, and return:
1. Safety
Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in
individual investments and the overall portfolio. The objective will be to mitigate credit risk,
interest rate risk and custodial risk.
a. Credit Risk
The City will minimize credit risk, which is the risk of loss of all or part of the
investment due to the failure of the security issuer or backer, by:
Limiting investments to the types of securities permitted under Wisconsin
Statutes Chapter 66.0603 or 67.11.
Approving by resolution the public depositories, financial institutions, or
broker/dealers that are deemed appropriate for use under Wisconsin and
Federal law.
Diversifying the investment portfolio so that the impact of potential losses
from any one type of security or from any one individual issuer will be
minimized.
b. Interest Rate Risk
The City will minimize interest rate risk, which is the risk that the market value of
securities in the portfolio will fall due to changes in market interest rates, by:
Structuring the investment portfolio so that security maturities match cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to maturity.
Limiting the maximum maturity of any individual security to a period not to
exceed 7 years and the average weighted maturity of the investment portfolio
to a period not to exceed 3 years.
c. Custodial Risk
The City will minimize custodial risk, which is the risk that in the event of a financial
institution failure, the City’s deposits may not be returned to it, by:
Maintaining a list of public depositories, financial institutions, custodians and
broker/dealers authorized to provide deposit and investment services.
Depositories or financial institutions to be designated shall be evaluated by the
Finance Director/Treasurer and recommended to the Common Council for
approval.
2 | P a g e
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that
may be reasonably anticipated. This is accomplished by structuring the portfolio so that
securities mature concurrent with cash needs to meet anticipated demands. Alternatively, a
portion of any portfolio may be placed in money market mutual funds or local government
investment pools authorized and permissible under Wisconsin statutes which offer same-day
liquidity for short term funds.
3. Yield
Investment portfolios shall be designed with the objective of attempting to attain a market rate
of return taking into account investment risk constraints and liquidity needs. Return on
investment is of secondary importance compared to the safety and liquidity objectives
described above. Securities shall be held until maturity with the following exceptions:
A security with declining credit quality may be sold prior to maturity to minimize loss of
principal.
Selling a security and reinvesting the proceeds that would improve the quality, yield, or
target duration in the portfolio may be undertaken.
Unanticipated liquidity needs of the portfolio require that the security be sold.
4. Competitive Quotations
With the exception of cash accounts, or investments purchased or managed by an investment
advisor, all investments will be selected on the basis of competitive quotations as presented
through current market conditions; at least two qualified institutions will be contacted each time
an investment is placed.
II. STANDARDS OF CARE
1. Prudence
The standard of care to be used by investment officials shall be the “uniform prudent investor act”
standard, which states “investments shall be made with judgment and care, under circumstances
then prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering the probable
safety of their capital as well as the probable income to be derived” and shall be applied in the
context of managing an overall portfolio.
Investment officers acting in accordance with written procedures and this Investment Policy and
acting as a prudent investor shall be relieved of personal responsibility for an individual security’s
credit risk or market price changes, provided deviations from expectations are reported in a
timely manner and the liquidity and the sale of securities are carried out in accordance with the
terms of this policy.
2. Limitation of Liability
Notwithstanding any other provision of law, the Finance Director (or other City employee in the
absence of the Finance Director) who deposits public money in any authorized public depository,
in compliance with Wisconsin statutes sec. 34.05 is, under the provisions of Wisconsin Statutes
sec. 34.05, relieved of any liability for any loss of public monies which results from the failure of
any public depository to repay the public depositor the full amount of its deposits, thus causing a
loss as defined in Wisconsin Statutes sec. 34.01(2).
3 | P a g e
3. Ethics and Conflicts of Interest
City officers and employees involved in the investment process shall refrain from personal
business activity that could conflict with the proper execution and management of the investment
program, or that could impair their ability to make impartial decisions. Employees and
investment officials shall disclose any material interests in financial institutions with which they
conduct business, in accordance with applicable laws. They shall further disclose any personal
financial/investment positions that could be related to the performance of the investment
portfolio. Officers and employees shall refrain from undertaking personal investment
transactions with the same individual with whom business is conducted on behalf of the City.
4. Delegation of Authority
Management and administrative responsibility for the investment program of the City is entrusted
to the Finance Director under the directions of the City Council. Individuals authorized to engage
in investment transactions on behalf of the City are the Finance Director, Assistant Finance
Director(s), the City Manager or those individuals designated by the Finance Director, City
Manager or City Council.
5. Authorized and Suitable Investments
Authorized investments include any investment stipulated in Wisconsin statute 66.0603 (1m) or
67.11 where applicable.
a) In accordance with Wisconsin statutes 34.01 (5) and 34.09 all Wisconsin banks, state or
federal chartered, and financial institutions which are members of the Federal Deposit
Insurance Corporation (FDIC) or National Credit Union Administration (NCUA), as
well as the Wisconsin local government pooled- investment fund, are authorized
depositories.
The City of Oshkosh, with the adoption of this investment policy, will allow its Finance
Director to place additional funds in excess of $650,000 in any bank so named as a City
depository if the depository provides a surety bond or collateralization of the time
deposit or certificate of deposit. Additional unsecured deposits up to a maximum of
$2,500,000 may be placed in any depository rated in the two highest categories by the
financial rating institution used by the City.
b) Investments considered or defined as “derivatives” that do not carry a guarantee or
insurance are prohibited.
c) Where possible, preference may be given to local financial institutions for the
betterment of the local economy or that of local entities within the State.
III. INTERNAL CONTROLS
The Finance Director shall establish a system of internal controls designed to prevent losses of
City funds arising from fraud, misrepresentation by third parties, unanticipated changes in
financial markets, employee error or imprudent actions by employees and officers of the City.
Internal controls shall address:
Separation of transaction authority from accounting and record keeping.
Clear delegation of authority to subordinate staff members.
Written confirmation of transactions for investments and wire transfers.
Dual authorizations of wire transfers.
Development of a wire transfer agreement with the lead bank and third-party custodian.
4 | P a g e
Investment and interest earnings will be recorded in the City’s accounting records based on
generally accepted accounting principles (GAAP).
A monthly summary of all investment transactions will be prepared by the Finance Director
for review by the City Council.
IV. COLLATERALIZATION
Certificates of Deposit that exceed FDIC/NCUA insurance limits and/or coverage limits specified
in Wisconsin statutes 34.08(1) (2) shall require collateral valued at a minimum of 102% of the
principal and accrued interest. Conditions of the collateral arrangement will be detailed in a
“Security Agreement” between the depository financial institution and the City. Collateral
pledged to the City for this purpose will be held by a third-party custodian, in the City’s name,
and evidenced by a “Tri-Party” agreement between the depository financial institution, the City
and the custodian. Evidence of ownership must be detailed in a safekeeping receipt supplied to
the Finance Director. A letter of credit valued as stated above issued through the Federal Home
Loan Bank of Chicago listing the City as beneficiary is acceptable. Collateral substitution(s)
must be authorized by the City. The City may also request collateral, under the same conditions
as stated above, for any deposits at any financial institution that exceed FDIC insurance limits.
V. INVESTMENT PARAMETERS
Diversification
Investments shall be diversified by:
Limiting investments to avoid over concentration in securities from a specific issuer, industry
or business sector, excluding U.S. Treasury obligations.
Investing in securities with varying maturities.
Continuously investing a portion of the investment portfolio in readily available funds such as
local government investment pools, money market accounts or money market mutual funds
permissible under state statute.
VI. REPORTING
The Finance Director shall present a monthly report on the investment program and investment
activity to the City Council. The report shall include a management summary displaying the
status of the investment portfolio and transactions made over the previous month. The
management summary shall be prepared in a manner that will allow the City Council to
determine if investment activities during the reporting period conform to this Investment Policy.
VII. POOLING OF CASH
Except where otherwise provided by the City Council, the Finance Director is authorized to pool
the cash of the funds identified in this policy to maximize investment earnings and to increase
efficiencies with regard to investment pricing, safekeeping and administration where it is
advantageous and prudent to do so. Investment income will be allocated to the various funds
based on their respective participation and in accordance with generally accepted accounting
principles.
VIII. ADOPTION AND APPROVAL
5 | P a g e
By resolution, the Investment Policy shall be formally approved and adopted by the City Council
and reviewed as needed but at least every three years.
IX. LIST OF ATTACHMENTS
The following documents, as applicable, are attached to this policy;
List of authorized personnel
List of authorized public depositories, financial institutions and broker/dealers
Internal Controls
Relevant Wisconsin statutes and local ordinances
Approved and adopted this _____________ day of _______________, _______.
6 | P a g e
Authorized Personnel
Julie M. Calmes, Director of Finance
Hailey Palmquist, Assistant Finance Director
Mark Rohloff, City Manager
List of authorized public depositories, financial institutions and broker/dealers
7 | P a g e
Associated Bank
Charles Schwab
Community First Credit Union
Ehlers Investment Partners
Local Government Investment Pool
Nicolet National Bank
Oshkosh Area Community Foundation
PMA Financial Network, LLC
U.S. Bank
Verve, a Credit Union
Wisconsin Investment Series Cooperative (WISC)
8 | P a g e
Internal Controls
The Finance Director is responsible for establishing and maintaining an internal control structure that will
be reviewed annually with the City of Oshkosh’s independent auditor. The internal control structure shall
be designed to ensure that the assets of the City of Oshkosh are protected from loss, theft or misuse and to
provide reasonable assurance that these objectives are met. The concept of reasonable assurance
recognizes that (1) the cost of control should not exceed the benefits likely to be derived and (2) the
valuation of costs and benefits require estimates and judgements by management.
The internal controls shall address the following points:
• Control of collusion.
• Separation of transaction authority from Finance and Accounting.
• Custodial safekeeping.
• Avoidance of physical delivery securities.
• Clear delegation of authority to subordinate staff members.
• Written confirmation of transactions for investment and wire transfers.
• Development of a wire transfer agreement with the lead bank and third party custodian.
9 | P a g e
Relevant Wisconsin statutes and local ordinances
Wisconsin statute 66.0603 (1m)
Wisconsin statute 67.11 (2)
Wisconsin statutes 34.01 (2) (5) and 34.09
Wisconsin statutes 34.08 (1) (2)
Policy for Special
Assessments
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Tax Incremental Financing
Policy and Application
City
Oshkosh
Financing
Polic y and Applic ation
1
What is TIF?
Tax Incremental Financing (TIF) is a special funding tool available to local
municipalities that spurs economic development which otherwise would not occur.
When a Tax Increment District (TID) is created property owners within the district
continue to pay the same property tax rates as those outside the district.
The difference is that tax collections, over and above the "base value" are placed
into a special fund that is used to pay for project costs. Once all costs incurred by
the creation of the TID are recooped by the additional tax increment created the
TID is closed and the additional property taxes created are shared by all taxing
entities. The use of TIF varies from project to project and district to district. In some
cases, the City uses TIF to promote redevelopment of older parts of the community.
In other cases the City uses TIF to create industrial parks through land acquisition
and construction of infrastructure. Both cases, increased property tax collections
are used to pay down debt service associated with project costs. The following
outlines the City's policy regarding TIF.
Purpose:
The purpose of this Policy is to articulate to existing or potential businesses the City of
Oshkosh's desire to promote economic development that is consistent with the
City's Comprehensive Plan and provides a community benefit that will ultimately be
shared by all taxing entities (City, School, Technical College, County, and State)
impacted through the establishment of Tax Increment District (TID).
Not withstanding compliance with any or all of the guidelines herein, the provision
of TIF assistance is a policy choice to be evaluated on a case-by-case basis by the
Common Council. The burden of establishing the public value of TIF shall be placed
upon the applicant and the application must substantially meet the criteria
contained herein. City Administration reserves the right to bring any TIF proposal
forward for Council consideration.
Meeting statutory requirements, policy guidelines or other criteria listed herein does
not guarantee the provision of TIF financial assistance nor does the approval or
denial of one project set precedent for approval or denial of another project.
TIF Authority:
The authority and regulations for Tax Incremental Financing and the establishment
of Tax Increment Districts are found in Wis. Stats. 66.1105. The City of Oshkosh
reserves the right to be more restrictive than provided under the statutes.
City
Oshkosh
Financing
Polic y and Applic ation
2
Basic Provisions:
As a matter of policy the City of Oshkosh will consider using Tax Incremental Financing to assist
private development in those circumstances where the proposed private project shows a
demonstrated financial gap and that the financial assistance request is the minimum necessary to
make the project feasible. The developer is expected to have exhausted every other financial
alternative(s) prior to requesting the use of TIF, including equity participation, other federal and state
funds, bonds, tax credits, loans, etc.
It is the intent of the City to provide the minimum amount of Tax Incremental Financing assistance to
make the project viable and not solely to broaden a developer's profit margin on the project. Prior
to consideration of a Tax Incremental Financing request, the City will undertake (at the requestor's
cost) an independent analysis of the project to ensure the request for assistance is valid.
In requesting TIF assistance, the developer must demonstrate that there will be a substantial and
significant public benefit to the community by eliminating blight, strengthening the economic and
employment base of the City, positively impacting surrounding neighborhoods, increasing property
values and the tax base, creating new and retaining existing jobs, and implementing the
Comprehensive Plan.
Each project and location is unique and therefore every proposal shall be evaluated on its
individual merit, including its potential impact on city service levels, its overall contribution to the
economy and its consistency with the Comprehensive Plan, Strategic Plan or other community
planning documents. Each project must demonstrate probability of financial success.
"BUT FOR" TIF
The fundamental principle and that which the City must determine through information provided by
the developer is that the project would not occur "but for" the assistance provided through Tax
Incremental Financing. The burden is on the developer to make this case to the City and not the
City to make this case for the developer. Should this "but for" determination not be made, Tax
Incremental Financing for the project cannot move forward.
TIF Objectives:
The City will consider utilizing Tax Incremental Financing to meet the following basic objectives:
1. Stimulate and continued revitalization of the central city and downtown area by:
a. Improving infrastructure;
b. Creating a variety of housing opportunities to increase the number of downtown
residents;
c. Preventing or eliminating slums and blighting conditions;
d. Constructing mixed-use developments;
e. Attracting desirable businesses and retaining existing businesses.
f. Encouraging development projects that enhance the streetscape and pedestrian
experience and improve the vitality of the downtown area by adding interest and activity
on the first floor of mixed - use buildings.
2. Promote efficient usage of land through redevelopment of blighted areas.
3. Strengthen the economic base of the City and support Economic Development.
4. Stabilize and upgrade targeted neighborhoods.
5. Create and retain family supporting jobs in the City.
6. Increase property values and tax revenues.
7. Leveraging the maximum amount of non-city funds into a development and back into the
community.
City
Oshkosh
Financing
Polic y and Applic ation
3
Development is Eligible?
The type of development that the City consider TIF funding includes:
1. development (attraction, retention, expansion). TIF assistance
be evaluated on its impact on existing local
2. Mixed-use developments that integrate commercial and retail
projec ts into a esiden
3. of historically significant or deteriorated buildings.
4. Projec ts that promote central city and retail
5. Projec ts that promote neighborhood stabilization or revitalization.
6. Projec ts that promote industrial
7. Projec ts consistent with approved TIF Project Plans.
8. Projects that environmental clean-up, removal of slum and blighting
io
9. Projec ts that contribute to the implementation of other public as
adopted by the city in its strategic plans such as promotion of high quality
architectural design, energ y conservation (i.e. Energ y Star, etc), green
infrastruc ture, etc.
Development is Ineligible?
The City not favor use of TIF funding to help support the types of
1. development without one or more anchor tenants.
2. Relocation of retail and/or commercial uses for purposes other
than retaining substantially expanding the business.
3. and retail development outside of the central city unless part of a city
owned business industrial
4. Stand alone residential development projects unless limited by site and
environmental io beyond which make the project infeasible.
5. Projects not consistent with the Comprehensive Plan.
City
Oshkosh
Financing
Polic y and Applic ation
4
Eligible Costs:
TIF eligible expenditures are defined by Section 66.1105(2)(e) of Wisconsin Statutes, which the City of
Oshkosh may further limit on a project by project basis. The following are typical eligible costs.
1. Capital costs, including actual costs of:
a. Construction of public works or improvements;
b. Construction of new buildings, structures, and fixtures;
c. Demolition, alteration, rehabilitation, repair or reconstruction of existing buildings,
structures and fixtures, other than historic buildings and structures.
d. Acquisition of equipment to service the district;
e. Restoration of soil or groundwater affected by environmental pollution; and
f. Clearing and grading of land.
2. Real property assembly costs.
3. Professional service costs (planning, architectural, engineering, and legal).
4. Relocation costs.
5. Environmental remediation.
6. Organizational costs (environmental and other studies, publication and notification costs).
7. Development Incentives in the form of loans or grants.
Criteria for TIF Assistance:
All of the following financial criteria must be met in order to be considered for TIF assistance.
1. Equity Requirement. Developers must provide a minimum 15% equity of total project
costs. Projects that exceed the 15% equity requirement will be looked upon more
favorably by the City. Equity is defined as cash or un -leveraged value in land or prepaid
costs attributable to the project. TIF shall not be used to supplant cash equity.
2. Maximum Increment Use. For loans, no more than 75% of the net present value of the tax
increment generated by a private development shall be made available to the project.
For "pay-go" supported projects up to 90% of the generated annual tax increment can
be made available if a financial need is demonstrated and there are no other public
infrastructure projects planned in the district.
3. Payback Period. Payback period for loans will match the amortization period but in no
case will exceed the statutory life of the district. Preference will be given to projects with
payback periods of 10 years or under.
4. TIF Cap. The total amount of TIF assistance should not exceed 25% of total project costs.
This limitation may be waived if the project involves redevelopment of existing structures
or the assembly and clearance of land upon which existing structures are located.
5. Self-Supporting Projects. Each project requesting TIF assistance should generate
sufficient tax increment to cover the requested TIF assistance and a portion of any
public infrastructure costs within the district.
City
Oshkosh
Financing
Polic y and Applic ation
5
for TIF continued f rom page...
6. No increment from other private development projects within the district may be used to
supplement another project's inability to generate sufficient tax increment to cover
project costs.
7. Land Assembly Cap. TIF assistance for land/property assembly costs will not be provided
in an amount exceeding 10% of the fair market value of the land. The fair market value will
be determined by an independent appraiser contracted by the City with cost of
appraisal paid for by developer.
8. Internal Rate of Return. The amount of assistance provided to a developer will be limited to
amount necessar y to provide the developer a reasonable rate of return on investment
in the and the subject site. A lo return on equity, return on cost or internal
rate of return will based on current market conditions as determined by the City or ty
financial advisor. In no case shall the internal rate of return exceed 20%.
9. Taxable Increase. The project should result in an increase in taxable valuation of at least 20%
project
Policy Criteria:
In addition to meeting all of the above financial criteria, projects must accumulate at least 50 points based
on an established scoring matrix that will become part of the application packet. Points can range from 0
to the maximum shown in each category. The City has established 3 different scoring matrixes:
Blight/Redevelopment
Economic Development/Industrial or Business Park
Mixed Use
Staff will determine the type of scoring matrix that is most applicable to the applicant’s
project. Applicants are expected to self-score their projects and to provide supporting documentation
for each of the scoring categories. Prior to filling out the scoring matrix please contact staff for
assistance.
City
Oshkosh
Financing
Polic y and Applic ation
6
Process of TIF Approval:
Tax Increment District creation requires statutory prescribed timelines that include
notification the taxing jurisdictions (i.e. public school district, technical
county, city), property owners within the published meeting notification in the
newspaper. Ultimately the Plan Commission, Common Council, and Joint Review
Board all must approve the TID creation
TID Process Timeline – Example using May 1st
May 1, Staff receives TIF application, distributed to TIF Team (Comm Dev, Public Works, Attorney, Finance).
Council is forwarded TIF application.
May 9, Applicant presents their proposal during Council meeting for TIF and Development Agreement. Council
goes into closed session to consider proposal and/or determine other information required prior to acting on
proposal.
May 10, City provides Ehlers with TID application and receives direction from Council.
May 30, Ehlers will prepare & provide the City with feasibility analysis report, options, and/or draft TIF project
plan document. Council is forwarded draft # 1 TIF Project Plan.
May 30, City mails public hearing notices.
June 12, Ehlers provides Council & City Staff with revised draft #2 TIF Project Plan.
June 14, City posts Joint Review Board (JRB) & Public Hearing/ Plan Commission meeting agendas.
June 14, Plan Commission meeting notice & draft to City Attorney for Attorney Legal Opinion. TIF team begins
drafting Development Agreement.
June 6-9, First publication of Public Hearing & JRB meeting notice.
June 12, Second publication of Public Hearing & JRB meeting notice.
June 20, Plan Commission approval of TID boundary plan.
June 22, Ehlers provides Council & City staff with revised draft #3 TIF Project Plan.
June 29, City provides Ehlers with the signed legal opinion approving the TIF Project Plan.
July 3, Ehlers provides Council & City staff with draft #4 TIF Project Plan.
July 7, City posts the Council meeting agenda, as well as distributes the resolution & Project Plan for
consideration.
July 11, Common Council reviews Plan & takes action on creation resolution approving TIF District Project Plan
and boundaries. Council reviews draft Development Agreement – closed session if needed.
July 12, City mails notice & required attachments to JRB of the final meeting, along with the agenda.
July 14, Publication of JRB meeting notice.
July 19 Joint Review board consideration.
July 25 Council takes action on Development Agreement.
September, City will notify the DOR within 60 days of approval that the TIF creation took place.
September to October, City will gather, prepare, and submit state forms & all required documents to state,
once the 2017 assessed parcel values available (following the DOR).
City
Oshkosh
Financing
Polic y and Applic ation
7
Structure for Tax Incremental Financing Assistance:
Tax Incremental Financing assistance be provided by the City on a note method or
via bond proceeds. Requests for up-front financing may be considered on a basis
increment generation is to meet initial financing and debt costs and is not the first
dollars spent on a
For structured projects, the project owner shall agree to pay all other outstanding City
of proper ty tax prior to disbursement of any pay-go payments by the City.
No Mortgage Guarantees. The City not provide mortgage
Personal Guarantee. The City require a personal guaranty for receiving up front TIF
assistance. Amount and form shall be acceptable to the City.
The proper ty owner shall agree not to protest to the Board of Review or Circuit Court
determination of the property value for the properties for which the grant is
The City retain a maximum of of any tax increment received from the project to
reimburse for costs. Until such time as the project generates positive tax increment,
the City charge an administrative fee to developer to partially the cost of record
report preparation, and accounting.
When the project is intended as a for-sale development (i.e., retail or residential
condominiums), the developer must retain ownership of the overall project until final completion;
provided, that individual units may be sold as they are completed.
other projects, the developer must retain ownership of the project at least long enough to
complete it, to its occupancy, to establish the project management and to initiate
payment of taxes based on the increased project value.
Projects receiving assistance be subject to a “look back” provision. The look back mandates
a developer provide the City or its financial advisor with evidence of its annualized cumulative
internal rate of return on investment (IRR) at periods of time after project completion.
The shall be calculated with equity, revenues, and expenses in accord with accepted
accounting inci les If the financial records indicate that the developer has received a higher
return on equity or internal rate of return than originally contemplated at the time of
agreement approval, future TIF contributions may be adjusted or the developer may be
required to pay the City back for previous contributions.
Exceptions to TIF Policy. The City the right to amend, modify, or withdraw these policies
or statements or information as deemed necessar y. Any party requesting
waiver from the guidelines herein or on any other forms provided for TIF assistance may do
so on forms provided by the City with the burden being on the requestor to demonstrate that the
exception to is in the best interests of the City.
City
Oshkosh
Financing
Polic y and Applic ation
8
Please complete and submit the following information to the City of Oshkosh for a more detailed review of
the feasibility of your request for Tax Incremental Financing (TIF) assistance. The application is comprised of
five parts:
1. Applicant Information
2. Project/Property Information
3. Project Narrative
4. Project Budget/Financial Information
5. Buyer Certification and Acknowledgement.
Where there is not enough space for your response or additional information is requested, please use an
attachment. Use attachments only when necessary and to provide clarifying or additional information.
The Department of Community Development (DCD) reviews all applications for TIF assistance. Failure to
provide all required information in a complete and accurate manner could delay processing of your
application and DCD reserves the right to reject or halt processing the application for incomplete
submittals.
For further information please refer to the "City of Oshkosh Tax Incremental Financing Policy" document or
call the Economic Development Division at 920.235.5055
LegaI Name:
Mailing Address:
Primary Contact #: Cell #:
E-mail: FAX#:
Attorney:
Legal Entity: Individual(s) Joint Tenants Tenants in Common
Corporation LLC Partnership Other
If not a Wisconsin corporation/partnership/LLC, state where organized:
Will a new entity be created for ownership? Yes No
Principals of existing or proposed corporation/partnership/LLC and extent of ownership interest.
Name: Address: Title: Interest:
Is any owner, member, stockholder, partner, officer or director of any previously identified entities,
or any member of the immediate family of any such person, an employee of the City of
Oshkosh? Yes No
If yes, give the name and relationship of the employee:
Have any of the applicants (including the principals of the corporation/partnership/LLC) ever
been charged or convicted of a misdemeanor or felony? Yes No
If yes, please furnish details:
City
Oshkosh
Financing
Polic y and Applic ation
9
Overall Project Summary and Objectives:
Current and Proposed Uses:
Description of End Users:
Describe any zoning changes that will be needed:
Identify any other approvals, permits or licenses (i.e. Liquor License, Health Department, etc):
Describe briefly what the project will do for the property and neighborhood:
Property Summary:
Parcel/Land Area: SF
Building Area: SF
# of Dwelling Units:
# of Stories:
# of Parking Spaces:
*Please attach additional pages if necessary
City
Oshkosh
Financing
Polic y and Applic ation
10
Project Timetable Date
Final Plan/Specification Preparation:
Bidding and Contracting
Firm Financing Approval:
Construction/Rehabilitation:
Landscaping/Site Work:
Occupancy/Lease Up:
Development Team
Developer:
Architect:
Surveyor:
Contractor:
Other Members:
Describe Team expertise and experience in developing similar projects:
Other current Team projects in development:
Financial ability of the applicant to complete the project:
History of use of other city or government financial incentives:
Professional Studies
Applications for commercial and residential projects may at the option
of the city be required to include a comprehensive market study. The study
should identify target markets, of competition, demographics, market rents,
letters of intent/interest from prospective tenants, or for housing developments,
prices or rental rates of comparable
Appraisal: projects that the transfer of land may at the option of the city
include a recent appraisal. Projects that include land as a form of equity or collateral
must also submit a recent appraisal. The appraisal must value the property and
the impact on value must be considered for such items as demolition, environmental
remediation, relocation of utilities, lease buy-outs, and other work make
the site developable. The must be valued assuming that the highest and
best use is the proposed use.
City
Oshkosh
Financing
Polic y and Applic ation
11
Sources and Uses of Funds
Identify the sources of funds used to finance the project. Typical sources include equity,
lender financing, mezzanine financing, government financing, other anticipated types
of public assistance, and any other types or methods of financing.
Uses of Funds Amount ($) $ per SF of Building Area
Land Acquisition:
Demolition:
Environmental Remediation:
Site Clearance and Preparation:
Soft Costs/ Fees:
Soft Cost Contingency:
Hard Construction Costs:
Total Project Costs:
Sources of Funds % of total project costs
Equity
Developer Equity: $ %
Other Equity:( ) $ %
Total Equity: $ %
Loans Rate Term
Construction Financing: $ % mos. %
Permanent Financing: $ % yrs. %
TIF Assistance $ %
Other: ( ) $ %
Total Sources of Funds $ 100%
Financing
Source Amount Terms: Years/Interest Contact Information
Equity:
Loans 1:
2:
3:
4:
Project Budget/Financial Information:
City
Oshkosh
Financing
Polic y and Applic ation
12
Detailed Pro Forma (must correspond to line items for Uses of Funds on previous page)
Land Acquisition $
Demolition $
Site Clearance and Preparation
Infrastructure $
Utilities/removal $
Utilities/relocation $
Utilities/installation $
Hazardous Materials Removal $
Other( ) $
Total Site Clearance and Preparation
Soft Costs/Fees
Project Management ( %) $
General Contractor ( %) $
Architect/Engineer ( %) $
Developer Fee ( %) $
Appraisal $
Soil Testing $
Market Study $
Legal/Accounting $
Insurance $
Title/Recording/Transfer $
Building Permit $
Mortgage Fees $
Construction Interest $
Commissions $
Marketing $
Real Estate Taxes $
Other Taxes $
Other ( ) $
Other ( ) $
Sub-total Soft Costs/Fees $
Soft Cost Contingency $
City
Oshkosh
Financing
Polic y and Applic ation
13
Pro Forma Income and Expense Schedule
Applicants whose projects involve the rental of commercial, retail, industrial, or living units must
submit project pro formas that identify income and expense projections on an annual basis for a
minimum eleven-year period. If you expect a reversion of the asset after a holding period please
include that in your pro forma as well. Please check with city staff to determine the time period
needed for the pro forma. Identify all assumptions (such as absorption, vacancies, debt service,
operational costs, etc.) that serve as the basis for the pro formas. Two sets of pro formas are to be
submitted. The first set should show the project without TIF assistance and the second set with TIF
assistance.
For owner-occupied industrial and commercial projects, detailed financial information must be
presented that supports the need for financial assistance (see below).
Analysis of Financial Need
Each application must include financial analyses that demonstrate the need for TIF assistance. Two
analyses must be submitted: one WITHOUT TIF assistance and one WITH TIF assistance. The applicant
must indicate the minimum return or profit the applicant needs to proceed with the project and
rationale for this minimum return or profit. The analyses will necessarily differ according to the type of
project that is being developed.
Rental Property: For projects involving rental of space by the developer to tenants (tenants include
offices, retail stores, industrial companies, and households), an internal rate of return on equity must
be computed with and without TIF assistance based on the pro forma of income and expense
prepared for the Income and Expense Schedule below. The reversion at the end of the ten-year
holding period must be based on the capitalized 11th year net operating income. The reversionary
value is then added to the 10th year cash flow before discounting to present value. State all
assumptions to the analyses.
For Sale Residential: Show profit as a percent of project cost (minus developer fee and overhead
and minus sales commissions and closing costs, which should be subtracted from gross sales
revenue). Other measure of profitability may be submitted, such as profit as a percent of sales
revenue.
Mixed Use Commercial/For-Sale Residential: Provide either separate analyses for each component
of the project or include in the revenue sources for the for-sale portion, the sale value of the
commercial component based on the net operating income of the commercial space at
stabilization. Indicate how the sale value was derived.
Owner-Occupied Commercial: For projects, such as "big-box" retail projects, provide copies of the
analyses that the company needs to meet or exceed the company's minimum investment threshold
(s) for proceeding with the project.
Competitive Projects: In instances where the City is competing with other jurisdictions for the project
(e.g., corporate headquarters, new manufacturing plant), present detailed analyses that
demonstrate the capital and operating cost differential between the proposed location( s) in
Oshkosh and locations that are seriously being considered by the applicant.
City
Oshkosh
Financing
Polic y and Applic ation
14
Revenue Projections - Rental Project
Year 1 Year 2 >>Year11
Income rent per sf (or avg.) $ $ $
Commercial Rent $ $ $
Commercial Expense Recoveries $ $ $
Residential Rent $ $ $
Other Revenue: ( ) $ $ $
Gross Potential Income $ $ $
Commercial Vacancy % $ $ $
Residential Vacancy % $ $ $
Effective Gross Income (EGI) $ $ $
Expenses
Maintenance & Repairs $ $ $
Real Estate Taxes $ $ $
Insurance $ $ $
Management Fee $ $ $
Professional Fees $ $ $
Other Expense( ) $ $ $
Other Expense( ) $ $ $
Total Expenses $ $ $
Net Operating Income (NOI) $ $ $
Capital Expenses (reserves, tenant improvements, commissions) $ $ $
Debt Service $ $ $
Net Cash Flow (before depreciation) $ $ $
Reversion in Year 10
Year 11 NOI before Debt & Capital Expenses $
Capitalization Rate %
Gross Reversion $
Supplemental Information:
City
Oshkosh
Financing
Polic y and Applic ation
15
Revenue Projects - For-Sale Project
Gross Sales Revenue
Housing Units Unit Type* Number Price/Unit
$ $
$ $
$ $
$ $
$ $
$ $
Total Housing Sales: $
*affordable units if any
Housing Unit Upgrades: $
Commercial Space Unit Type Size-sf Price per sf
$
$
$
Total Commercial Sales $
Total Gross Sales Revenue $
Cost of Sales
Commissions % $
Marketing % $
Closing % $
Other Costs ( ) % $
Total Costs of Sales % $
.
Net Sales Revenue $
Supplemental Information:
City
Oshkosh
Financing
Polic y and Applic ation
16
Summary Letter
Provide a summary of the project in the form of a letter addressed to the City Manager.
The letter should not exceed two (2) pages in length and should include only the following
essential information about the project:
Note: In the "but for" discussion you must clearly describe why TIF is needed to help this
project and why the project will not/cannot proceed without such support. Failure
to clearly provide the "but for" explanation will delay action on your application.
Project Narrative
Provide an in-depth overview of the project in narrative format. The narrative must include
a description of the following aspects of the project:
Current condition of the site and historical overview that includes the size and
condition of any existing structures, environmental conditions, and past uses of
the site.
Proposed use(s) of project (e.g. industrial, commercial, retail, office, residential
for sale or for rental, senior housing, etc.)
Construction information about the project including: size of any existing
structure to be demolished or rehabbed; size of any new construction: types of
construction materials (structural and finish); delineation of square foot
allocation by use; total number and individual square footage of residential
units: type of residential units (e.g. for-sale, rental, condominium, single-family,
etc.); number of affordable residential units; number and type of parking
spaces; and construction phasing.
If in an existing TID or redevelopment area, confirm that this project is consistent
with the goals and objectives in the Project or Redevelopment Plan.
A summary of the proposed "green" features to be included in the project. All
projects that receive TIF assistance are encouraged to include environmentally
friendly features.
Description of site or building
Current and proposed uses
Description of end users
Project start and end dates
Profitability
Description of public benefits,
including job creation.
Overview of private-sector
financing
Amount of TIF assistance
requested
Summary of increment
projections
Name of developer and owner
Total development costs
Statement regarding why TIF is
essential and why the "but for"
provision will be met.
City
Oshkosh
Financing
Polic y and Applic ation
17
Filing Notes, and Agreement:
Filing Requirements
You must provide all of the items with your signed application:
1. An application fee of of the requested TIF assistance or whichever is
greater. This fee is to cover City costs associated with the TIF application
and does not cover the use of outside consultants, which if required be paid for
by the applicant. Make your check payable to the City of osh.
2. Site Maps: Provide a map that shows the location of the site. Also provide a map
that on the project and its immediate surroundings. Both maps should be no
larger inches. L arger maps be required for projects presented to the
Commission, Redevelopment Authority, or Common Council.
3. Renderings: Provide preliminar y architectural drawings, plans and renderings
for the project. These drawings should be no larger than inches. Larger maps
be required for projects presented to the Commission, Redevelopment
Authority, or Common Council.
The City retains an administrative fee of of the annual tax increment
If the project requires planning and zoning approvals, you must make these applications
concurrent with this
Agreement
I, by signing this application, agree to the following:
1. I have read and abide by all the requirements of the City for Tax Incremental
Financing.
2. The information submitted is
3. I agree to pay all costs involved in developing Project Plan or Development
Agreement. costs may include, but not be limited to, bond counsel, outside
assistance, outside financial assistance, planning, engineering, etc. and all
costs in issuance of the bonds or loans to finance the
4. I understand that the City the right to deny approval, regardless of
preliminar y approval or degree of construction completed before application
for final approval.
5. The undersigned authorizes the City of Oshkosh to check credit references and
financial and other inf
6. The undersigned also agrees to provide any additional information as may be
requested by the City after of io
Tax Incremental Financing
Closure Review Process and
Policy
Tax Increment Finance (TIF) District
TIF Closure Review Process/Policy
August 27, 2024
Tax Increment Finance (TIF) Districts have mandatory closing dates, based on the type of
district. In general, the TIF District must first pay off project costs including interest,
administration, financing, legal etc. The City depends on a TIF District paying off all of its
outstanding obligations; otherwise the City is required to assume the remaining TIF obligations.
The following options are listed in chronological order based on the time of action needed prior
to terminating a TIF District. Each TIF District will go through the following process.
All of these options can be used in tandem with one another. The dollar amount for each
activity and the timing for each activity would depend on the individual TIF District’s financial
performance.
A. Create a TIF donor/donee with an amended Project Plan. A well-performing TIF district
can be used as a donor TIF for an under-performing TIF(s). This action requires Joint
Review Board approval and has been done in the past in the City. This choice can be
made in any year up to the termination of the TIF District.
B. Fund Affordable Housing. One additional year of tax increment may be collected in a
TIF District if the funds will be used for affordable housing – the 1-year extension of the
District would be a City Council decision. This choice can only be made in the year prior
to the closure of the TIF District.
At the end of a TIF District’s life, if the District has remaining funds upon termination of the TIF
District, the funds shall be distributed to the public entities that are entitled to them in
accordance with Wisconsin Statutes. The funds distributed to the City of Oshkosh shall be used
as follows:
C. Use cash balance in TIF account for future economic development activities including:
1. Create/fund a reserve account to help pay off debts of under-performing TIF
districts.
a. Annually review the reserve account balance and the under-performing TIF
districts to determine if the balance is sufficient. The reserve account should
have a maximum of one and a half times the under-performing TIF districts
negative fund balance.
2. Other economic development activities such as housing or development initiatives.
Estimated cost to be determined by TID cash balances in the future.
Redevelopment Authority Common Council Staff
Common Council Redevelopment Authority
Gifts, Donations, Memorials
and Non-Commercial
Naming Policy
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 1 of 8
CITY OF OSHKOSH
GIFTS, DONATIONS, MEMORIALS, AND NON- COMMERCIAL NAMING POLICY
The City of Oshkosh has been enriched by the generous donations of individuals and entities in support of
the Oshkosh community. The City of Oshkosh welcomes and encourages support from private individuals
and entities that support the programs and services the City provides to the public. The City will review
proposed gifts and memorials for the purpose of assisting the donors in reaching their intended goals
while recognizing the mission, goals, plans, resources, and limitations of the City as a whole. It is
intended that this policy provide a thoughtful review process which considers the intentions of the donor,
is sensitive to the needs and desires of the community, and is sensitive to the costs associated with
proposed gifts and donations, including long- term costs of maintenance and care.
I. PURPOSE
The purpose of this Policy is to provide a foundation including guidelines and procedures for
considering and receiving proposed donations to the City of Oshkosh and for considering non-
commercial requests for naming public property, structures, and facilities.
II. DEFINITIONS
Donation(s)/Gift(s): Any item proposed to be deeded, bequeathed, or otherwise given or donated
to the City of Oshkosh including, but not limited to, endowments, real property, public
improvement projects or proposals, structures or portions of structures, money, negotiable
securities, materials, equipment, flora, fauna, improvements to facilities or land, statues,
monuments, memorials, tributes, sculptures, murals and other public works of art, plaques, and
graphics or signs.
Donor: A private individual, for-profit company, non-profit organization, public agency, or any
other public or private entity wishing to make a donation or gift to the City of Oshkosh.
Donor Recognition Object: A physical object such as a plaque or sign placed to acknowledge a
donation or gift.
Monument/Memorial: An item or object established to preserve the memory of a deceased
person(s) or an event that occurred in the past. Any statue, sculpture, mural or other structure or
landscape feature designed to perpetuate in a permanent manner the memory of any person,
group, event, or other significant element of history.
Park Amenity: Typical park improvements that contribute to the traditional use of park land such
as benches, play structures, picnic tables, shelters, sports facilities, trails, etc.
Public Art: Any Work of Art to be donated to the City and integrated into the design of, or placed
or performed in, on or about a place generally accessible or visible to the general public.
“Work of Art" shall include 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.
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 2 of 8
Public Improvement Project/Proposal: May include a funded or partially funded capital project(s)
request consisting of real property, structures, portions of structures, materials and/or equipment
for construction or renovation of a structure or landscape feature. Maintenance activities such as
weeding or replanting established gardens, or repair or replacement of existing structures with the
same or similar structures, are not considered public improvement projects for purposes of this
policy.
Tribute: An item, object, or gift designed to acknowledge the contributions of a living person(s)
to society. Projects recognizing groups such as persons with cancer or AIDS are also considered
tributes.
III. APPLICABILITY
This policy shall cover all donations and gifts to the City of Oshkosh and any of its Departments
or Divisions except for donations made to the Oshkosh Public Library and Oshkosh Public
Museum which are made pursuant to their own Donation Policies. Auxiliary organizations and
members, volunteers and volunteer organizations directly under the control of any Department/
Division shall also be subject to this policy. Non-commercial requests for naming public
property, structures and facilities shall also be considered under this policy. However, this policy
is not intended to cover sponsorships, naming rights or other similar arrangements of a
commercial nature.
The City of Oshkosh retains sole discretion to determine whether to accept or decline any
proposed gift or donation. This policy shall not be construed to create any right for any individual
or organization to make any improvement or place any items on any public property within the
City of Oshkosh regardless of whether their proposal meets any or all of the criteria laid out
herein.
IV. GENERAL PROCEDURES
As donations and gifts vary greatly, the review process may be tailored according to the type of
gift or donation proposed and the complexity of the proposal. Those wishing to make a gift or
donation are strongly encouraged to contact the recipient City Department(s) or Division(s) at the
earliest possible time to discuss the proposed gift and the process for review.
The City Manager shall cause a Donation Agreement Form to be created, subject to the
Manager's approval, which shall include, as appropriate and applicable, the intent of the proposal,
cost estimates, size, proposed siting, timeline, site drawing, future maintenance requirements, and
any other information the City Manager may deem necessary and/or useful for the review of
proposed gifts and donations.
Donation Agreement Forms will be completed for any gifts/donations with a value of $100 or
greater. The form may be completed by the Donor or by the Recipient Department or Division.
Forms may be completed by the Donor or Department and must contain the signature of the
Donor for donations of real and personal property (in all other circumstances, while signatures or
correspondence signed by the donor are preferred, they are not required). The Recipient
Department/Division shall work with the Donor to complete the form whenever requested.
The City Manager may delegate to the appropriate Department Heads the authority to approve
gifts/donations valued in an amount of less than $500. If the value of the gift/donation is less than
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 3 of 8
$100, the recipient Department shall annotate the donation on a spreadsheet provided by the
Finance Office which will have the following minimum information on it: Department/Division
name, date of donation, amount or value of donation, Munis account number (org, object,
project#), date donation was forwarded to Collections Division, and purpose of monetary
donation or describe non-monetary donation. The Department Head shall submit the spreadsheet
report to the Director of Finance on a semi-annual basis.
If the value of the gift/donation is $500 or more, the gift/donation must be approved by the City
Manager.
If the gift/donation is of real property; Public Art, a Memorial, or Tribute; is conditioned or
donated specifically for use for a project or program that is not part of a previously
approved/established/existing/budgeted project or program; or is required by statute, ordinance,
or other policy of the City to be reviewed by a Board, Commission, or by Council; or if the City
Manager determines for any other reason that it is appropriate, the proposed gift/donation shall be
referred to any appropriate Boards/Commissions and to the Common Council for review and
acceptance.
*Completed Donation Agreement Forms shall be filed with the Director of Finance.
Specific Provisions Applicable based upon the Type of Donation
Monetary Gifts and Donations/Gifts and Donations of Negotiable Securities
1) Previously established funds or campaigns. The City Manager and/or Department
Heads, upon approval of the City Manager, are hereby authorized to accept any monetary
gifts or donations to be made for a previously approved/established/existing/budgeted
fund or capital campaign.
2) Undesignated/Unconditioned Monetary Gifts/Donations. The City Manager and/or
Department Heads, upon approval of the City Manager, are hereby authorized to accept
any undesignated and/or unconditioned monetary donations made to the City and shall
deposit such money with the Finance Department. The amounts shall be deposited in the
account(s) that most appropriately matches the intentions of the Donor(s) when
identified.
3) Conditioned Donations. In the event that a monetary donation is conditioned or
donated specifically for a new Public Improvement Project, Memorial, Work of Public
Art, Tribute, or new program, the Donation shall follow the procedures set forth in this
policy as if the donation were to be made of the actual program or item proposed to be
acquired or constructed. If the donation is not accepted, the Director of Finance shall
return the donation to the donor. When appropriate, the Director of Finance may establish
a new fund or project within a fund for the donation.
4) Negotiable Securities. The City Manager is hereby authorized to accept donations of
negotiable securities when in his/her professional judgment, in consultation with the
Director of Finance and the affected Department Head, acceptance of the proposed
donation is in accordance with the statutes, rules, and regulations governing municipal
finances and investment; and, the proposed donation is not subject to conditions, is for a
previously approved/established/existing/budgeted fund or campaign, or is for a
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 4 of 8
conditioned donation that has been approved pursuant to this policy. Negotiable securities
may be held or sold at a marketable rate and the proceeds of such sale used as specified
by the donor or as may deemed appropriate in the best interests of the City.
Gifts of Real Property
The City Manager shall review any proposed donation of real property and make
recommendation to the appropriate Boards or Commissions and to the Common Council.
Proposed gifts or donations of real property shall be reviewed for suitability for the
intended use or potential for resale, any conditions which may be placed upon the use of
the property by the donor, potential environmental concerns, probable maintenance costs,
and any other relevant information. Appraisals of the property may be requested from the
Donor. All gifts or donations of real property shall be reviewed by the Plan Commission
for recommendation prior to Common Council action.
Non-Monetary Gifts and Donations (excluding real estate)
1) The City Manager and/or Department Heads, upon approval of the City Manager, are
hereby authorized to accept donations of materials or other items made for previously
approved/established/existing/budgeted projects or materials or other items that are
typical for use in a City Department or Division.
2) The Director of Parks is hereby authorized to accept donations of typical park and
recreation amenities such as benches, recreation program and sports equipment, gifts of
trees or other flora, and similar items without other formal approval required.
3) For other gifts and donations including, but not limited to, substantial gifts such as
Public Art, Memorials, Tributes, and Public Improvement Projects, the City Manager,
Boards/Commissions and Common Council shall consider all of the circumstances
surrounding the proposed gift including the criteria as enumerated within this policy and
as may be applicable to the proposed donation. If the donation is approved and if
appropriate, the Director of Finance may establish a new fund or project within a fund for
the donation.
V. CRITERIA FOR EVALUATING GIFTS AND DONATIONS
In order to assist potential donors to fulfill their desires to make a gift or donation to the City of
Oshkosh and to ensure that all gifts and donations are consistently, fairly, and thoughtfully
reviewed, the City will be guided in its review of proposed gifts and donations by the following
guidelines.
Donations of Memorials/Tributes/Public Improvement Projects, and Works of Art:
When reviewing proposed donations of Memorials, Tributes, Public Improvement Projects, and
Works of Art, the following criteria shall be considered, as well as any other criteria which may
be relevant on a case by case basis:
Consistency with the mission, policies and master plans governing the City of
Oshkosh and/or the particular Department or Division
Whether the proposed donation/gift provides improvements to an area of the City
which may be deficient in public amenities
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 5 of 8
Whether the proposed donation/gift promotes the preservation of historical and
cultural aspects of the community
Whether the proposed gift/donation has an educational component
Whether the proposed donation/gift helps to promote conservation, preservation,
and protection of the natural environment
Whether the proposed gift/donation helps to promote preservation of natural
areas and greenspace where such preservation is suitable, is contemplated by
plans, or is otherwise desirable
Whether the proposed gift/donation provides a new or different experience for
the public
Whether the proposed gift/donation promotes the use of public spaces for a
variety of interests such as special events, sports tournaments, competitions, and
other recreational opportunities, including both active and passive recreation in a
park or other area where such uses are suitable, are contemplated by plans, or are
otherwise desirable
Whether the proposed gift/donation is suitable for the purpose proposed
Whether the proposed gift/donation is compatible with the proposed location, if
one has been identified, and other users of the public space
Whether the proposed gift/donation compliments or is harmonious in quality,
scale, and character with existing improvements and features in the area
Whether the proposed gift/donation is a traditional park or municipal amenity
Whether the proposed gift/donation reuses, rehabilitates, or restores an existing
park or municipal feature or replaces aging, outdated, or unsafe infrastructure
Suitability of the gift/donation to the environmental conditions of public display
Susceptibility of the gift/donation to wear and vandalism
Suitability of the gift/donation to the technical requirements or design standards
for installation of improvements in public places
Whether any public safety or security issues are identified and the potential
danger to the public health, safety, or welfare associated with the proposed
gift/donation
Whether the proposed gift/donation complies with all applicable codes including
building codes and ADA requirements
Whether the proposed gift or donation is restricted in any manner and the impact
of those restrictions or contingencies
If the proposed gift/donation is real property, the financial implications of
removing the property from the City's tax base
Financial implications to the City of Oshkosh based on the cost of the proposed
gift/donation or project implementation including installation and ongoing
maintenance and the costs of relocation or removal, if necessary.
The level of maintenance and costs of relocation or removal vary depending
on the nature of the proposed gift/donation. In general, donors will be asked
to contribute enough money to cover long term maintenance costs, relocation
and removal, if reasonably anticipated. These costs shall be estimated and
submitted with the donation form and may be provided through the
establishment of a maintenance fund, endowment, or other suitable means.
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 6 of 8
The City may agree to take on future maintenance costs and shall consider the
following criteria when making such decision.
o The community's need or desire for the donation or improvement;
o Whether, and to what extent, the proposed gift/donation provides new or
diverse experiences for community members and visitors;
o The financial capacity of the donor;
o Ease of maintenance and repair; and
o Whether the annual maintenance cost is so low as to be negligible.
The City shall also consider that circumstances may arise which may prevent a
donor or previously established maintenance fund from covering the costs of
maintenance and care and that these costs may ultimately become a City
responsibility.
Works of Art
In addition to the above listed criteria, if the proposed gift/donation is a Work of Art, the
following criteria shall be considered as well as any other criteria which may be relevant on a
case by case basis:
Quality of the work based upon a professional assessment of the work, detailed
written proposal, drawing, maquette, or photographs
Suitability of the theme of artwork to a public venue
Appropriateness of the artwork to the site, in the case where a particular site has
been requested or identified
Appropriateness of the process for selecting the artist or artwork
Qualifications of the artist based on documentation of past work and the artists
professional qualifications
Memorials / Tributes / Naming
The City of Oshkosh respects the desire of individuals to commemorate special events or the lives
of loved ones, living and deceased. However, the City also recognizes that other community
members who visit public places may desire not to be burdened with a constant reminder of
mortality, death, or traumatic events. The City also recognizes the important contributions of
many individuals to community life and that it is simply impossible to recognize all of those
contributions. To that end, if the proposed gift/donation is a Memorial or Tribute or a non-
commercial request to name a public space or other item, the City of Oshkosh shall consider the
following criteria, as may be appropriate to the particular donation, in addition to those criteria
identified above.
The person memorialized must have been deceased for a minimum of five (5)
years; or an event must have occurred at least five (5) years ago.
The proposed gift/donation must have timeless qualities and make a statement of
significance for future generations
The proposed gift/donation must represent a person or event deemed significant
to the City of Oshkosh's history; names of individuals who have made a
significant contribution directly and locally to the City of Oshkosh shall be
preferred over the names of national figures
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 7 of 8
The proposed gift/donation must meet the general criteria enumerated in this
policy
Whether any increased use of the park or public area resulting from the
placement of the memorial or tribute is appropriate to the surrounding context
and uses
Whether the design of the particular gift/donation is solely representative of the
particular person or event being commemorated or is of a broader community
appeal
Whether the proposed gift/donation has a functional component
Whether the individual or group is associated with the particular building, park,
or other public facility at issue
When possible, the family should be contacted and allowed an opportunity to
comment upon the naming of a building, park, or facility after an individual
In and of themselves, contributions of land or money for public facilities shall not
be considered sufficient justification for naming or renaming facilities after
individuals, in tribute or memoriam
VI. DONOR RECOGNITION OBJECTS
The City of Oshkosh appreciates the desire of some donors to be recognized either personally or
on behalf of another for their generous donations. If a donor recognition object is to be included
as part of a proposed gift/donation, such object should be specifically identified and submitted
with the Donation Agreement Form for approval. In general, it is the policy of the City of
Oshkosh to limit donor recognition objects to plaques or other recognition objects which are
small in scale, which do not detract from green space areas and/or which are part of an approved
project, for example projects involving the use of personalized decorative tiles or pavers. The
City Manager and Department Heads are hereby authorized to approve Donor Recognition
Objects which are proposed in accordance with this policy.
VII. ADDITIONAL REQUIREMENTS
Establishment of Trust Accounts. Trust accounts must be designated for a specific purpose and an
appropriate trust agreement must be created. The City of Oshkosh will not create a separate Trust
Account for donations in an amount smaller than $10,000. For amounts greater than $10,000, the
Donor may request and the City of Oshkosh may establish a separate Trust Account for the
donated funds.
Private Construction. If construction of a Public Improvement Project is coordinated or
contracted for by the donor, the donor will be responsible for complying with all federal, state,
and local laws which may include competitive bidding. The donor will also bear the cost of all
necessary permits, approvals, project management, design, installation, and manufacture of the
gift/donation unless these costs are specifically accepted or waived by the City of Oshkosh.
Proof of compliance with the City's insurance requirements for contractors will be required before
work may commence on any Public Improvement Project.
Improvements made in a public place become the property of the City of Oshkosh and are subject
to the laws, policies, and procedures of the City of Oshkosh.
Revised and Approved:
Resolution 21-410, August 24, 2021
Page 8 of 8
Damaged, lost, stolen or worn gifts or donations. The City is not obligated to replace any
gift/donation or improvement if it is lost, stolen, damaged, or worn.
The City of Oshkosh reserves the right to remove any donated project or portion of a project for
safety reasons, deterioration caused by age, neglect or vandalism, and/or the City's inability to
finance ongoing maintenance or repairs.
Acknowledgements & Anonymity. All donations for which the donor does not request anonymity
shall be acknowledged by the City Manager, Director of Finance, or appropriate Department
Head with a letter of appreciation. For a monetary gift given in memorial, tribute, bequest, or in
recognition of someone, a letter shall be sent to the person or family of the person being honored.
Because the City of Oshkosh is a municipal entity and subject to the provisions of the Wisconsin
Public Records Law, the City cannot guarantee anonymity of individual donors but will work
with individuals who wish to remain anonymous in their donations to provide appropriate means
for those individuals to make their gifts/donations while maintaining their privacy.
Appraisals. The City may, at its option, request or require an appraisal of real or personal
property prior to the acceptance of any gift or donation.
Waiver of Terms of this Policy. The City Council may waive any of the criteria specified within
this policy upon a finding that it is in the best interests of the City to do so.
Tax Liability. It is the responsibility of the donor to assign a monetary value to a gift or donation
for tax purposes. Information provided by the City of Oshkosh, its officials, employees, or agents
in connection with gifts/donations is intended to be informational only and is not intended to be a
substitute for professional financial or legal advice or opinions. The City of Oshkosh makes no
representations or guarantees as to the tax implications of any gift or donation made to the City.
Donors are responsible and are advised to obtain their own tax and financial advice from
appropriate professionals.
VIII. REPORTS
Departments shall report gifts/donations made through the completion of a Donation Agreement
Form for any gifts/donations with a value of $100 or more to the Director of Finance. If the value
of the gift/donation is less than $100, the recipient Department shall annotate the donation on a
spreadsheet provided by the Finance Office which will have the following minimum information
on it: Department/Division name, date of donation, amount or value of donation, Munis account
number (org, object, project#), date donation was forwarded to Collections Division, and purpose
of monetary donation or describe non-monetary donation. The Department Head shall submit the
spreadsheet report to the Director of Finance on a semi-annual basis.
Annually, after the close of the fiscal year, the Director of Finance shall provide a report to the
Council including details of gifts/donations. Trust Funds will be reported separately on the annual
Trust Report.
Proclamations Policy
Adopted May 24, 2022
Proclamations
The City provides for the issuance of proclamations as a discretionary act by the Mayor
within Chapter 2 of the Oshkosh Municipal Code. The City of Oshkosh respects the
desire of individuals to observe certain dates, provide public awareness, commemorate
special events and recognize milestones for persons or organizations through the
issuance of local proclamations. The City also recognizes the important contributions of
many individuals and organizations to community life and that it is simply impossible
to recognize all of those contributions.
A proclamation is an official announcement and/or declaration intended to encourage
public awareness and provide recognition for certain dates, events, achievements and
activities that are significant to the City of Oshkosh. Proclamations are ceremonial and
do not have any legislative or legal force of law. Issuance of a proclamation
acknowledges the effort and commitment of an organization or individual(s) but does
not constitute official sponsorship of a particular viewpoint, matter or event. A
proclamation is an expression of the community and the local government and should
reflect the principles and policies of the City of Oshkosh including inclusiveness and
promotion of the City of Oshkosh as a welcoming place.
To this end, the City Council adopts the following policy to guide the Mayor in the
issuance of proclamations.
Timing
Requests for proclamations may be submitted 30 days in advance of the date/event
requested to be proclaimed and shall be made no less than 2 weeks in advance whenever
possible.
Proclamations will generally be issued and read at the beginning of Council meetings.
Guidelines for Issuance of Proclamations
Requests for proclamations will be accepted from City of Oshkosh residents;
persons/organizations owning real property within the City of Oshkosh; or local
organizations operating within the City of Oshkosh.
Proclamations will be issued at no cost to the group or individual(s) requesting or
receiving such proclamation.
Proclamations may recognize a particular day, week or month; event; organization; or
person.
Proclamations may overlap. No person or entity shall have exclusive rights to any
particular day, week or month.
Proclamations must be completed each time a request is made. There shall be no standing
or continuing requests for proclamations.
Proclamations will be issued only for persons, organizations, matters or events which
have some demonstrable local impact or connection.
Proclamations may recognize:
significant local events or celebrations
local arts and cultural celebrations
charitable events of local non-profit organizations
promotion of local events or programs of local service clubs
public awareness campaigns with local connection or significance
local organizations/person(s) who have achieved extraordinary distinction or
accomplishment
organizations/person(s) whose contributions to the community warrants
significant public recognition
days that are locally noteworthy or historically significant
General Restrictions
The City through the Mayor of the City reserves the right to approve, approve with
modifications or reject any request for a proclamation and to vary from the specific
provisions of this policy when the Mayor or Council in their sole discretion find it to be
in the public interest to do so.
The City Council is a non-partisan elected body and proclamations will not be issued for
political purposes or upon issues with obvious or controversial partisan political
viewpoints, political controversy or which are matters of personal conviction.
Proclamations cannot conflict with or be contrary to the United States Constitution,
Federal laws, Wisconsin Constitution or Statutes, or City Ordinances.
The City of Oshkosh is committed to providing a welcoming and inclusive environment
for its citizens. Proclamations will not further discrimination on the basis of race, color,
religion, gender, gender expression, sexual orientation, marital status, or disability.
Proclamations cannot conflict or substantially interfere with the Council’s legislative
authority. Proclamations will not be issued for any matter under consideration or vote
by the City Council.
Proclamations cannot conflict or substantially interfere with the City Manager’s
Administrative/Executive Authority.
Requests for proclamations that are the same or substantially the same as proclamations
already done for the particular calendar year may be declined.
Proclamations will not be issued for individual birthdays, retirements, weddings,
anniversaries, or similar personal milestones. The Mayor in her/his discretion may
recognize such dates as she/he is able and deems appropriate.
Proclamations will not be issued for commercial for-profit promotion or advertisement,
including for business conferences and commercial events.
Procedure
Requests must be made in writing on a form available through the City Manager’s office.
Requests must include the name and contact information of the requester, a brief
summary and background of the event and organization, the name and date(s) to be
proclaimed. If the proclamation is to be issued at a council meeting, the request shall
include the name of the individual(s) who will be present to accept the proclamation.
Draft language may be provided with a request for a proclamation, however, any draft
language may be edited or rewritten at the discretion of the Mayor/Designee.
The Mayor will review all requests for proclamations and make the final determination
on whether to issue a proclamation and whether the proclamation will be placed on the
council agenda for issuance. The Mayor may choose to recognize a person or event in a
manner other than formal proclamation at the Mayor’s discretion. If the determination
is made not to issue the proclamation, the requester may be informed of such
determination.
If the Mayor determines to issue a proclamation, the City Manager shall have the item
placed on the council agenda. Upon request, a copy of the proclamation will be provided
to council members prior to the council meeting. If any council member objects to the
proclamation, they should advise the Mayor, City Clerk and City Manager of their
objection in advance of the meeting. If an objection is made prior to issuance, the Mayor
may withdraw the proclamation, edit or delay the proclamation if the objection may be
addressed by amendment to the language of the proclamation. If the objection continues,
the matter may be placed on the agenda and is open for consideration and vote on the
issuance of the proclamation. If the measure fails to achieve a majority of the members
present and voting, the proclamation shall not be issued or read.
Policy for Review of Unused
Liquor Licenses
FEBRUARY 26, 2019 19-102 RESOLUTION
CARRIED 7-0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE PROCESS FOR REVIEW OF ALCOHOL BEVERAGE
LICENSES UNDER SECTION 4-6 OF THE CITY OF OSHKOSH
MUNCIPAL CODE
INITIATED BY: CITY ADMINISTRATION
WHEREAS, Wisconsin imposes a quota on the number of "Class B" (taverns, bars
restaurants licensed to sell alcohol for on-premises consumption) in each municipality;
and
WHEREAS, Section 125.10 of the Wisconsin Statutes allows municipalities to enact
regulations incorporating the state statutes and additional regulations for the sale of
alcohol beverages, not in conflict with the state statutes; and
WHEREAS, the municipality may prescribe forfeitures or license suspension or
revocation for violations of these municipal regulations; and
WHEREAS, the City of Oshkosh has adopted ordinance section 4-6 of the City of
Oshkosh Municipal Code requiring the use of licenses under its authority granted by
Section 125.10 Wis. Stats.; and
WHEREAS, the Council finds that it is reasonable and necessary to have an
ordinance and policy implementing that ordinance to ensure that alcohol beverage
licenses, which are limited by a state quota, benefit the public by supporting currently
operating businesses and being available for new businesses wishing to locate within the
municipality and contribute to the community and tax base, and to ensure that licenses
are not held for private speculative purposes or for an unreasonable period to enhance
the value of non-operating premises; and
WHEREAS, the Council recognizes the need to fairly and consistently enforce the
provisions of Section 4-6 and all regulations relating to the sale of alcohol beverages; and
FEBRUARY 26, 2019 19-102 RESOLUTION
CONT'D
WHEREAS, the Council wishes to establish a policy for review of licenses which
have not been utilized for a period of time.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the following process for review of alcohol beverage licenses under the
provisions of Section 4-6 of the City of Oshkosh Municipal Code is hereby adopted.
Process for Review of Alcohol Beverage Licenses
under Section 4-6 of the City of Oshkosh Municipal Code
Throughout the year, the City Clerk's office shall review alcohol beverage licenses
issued by the Common Council for compliance with the provisions of Section 4-6
of the City of Oshkosh Municipal Code.
If the City Clerk's Office identifies a license holder who appears to meet any of the
criteria specified in Section 4-6(A), the Clerk's Office shall contact the license
holder and request the license holder provide information pertaining to the use of
the license for the relevant period. Upon review of this information, the City Clerk
shall notify the City Manager of his/her findings and the City Manager may
request direction of the Council whether to schedule the license for hearing for
revocation or non-renewal of the license as may be appropriate.
If the Council determines to schedule the matter for revocation, the complaint may
be filed and sworn by the City Manager, Asst. City Manager or their designee
based upon the record of information in the office of the City Clerk as well as any
other information which may be relevant to the Council's decision.
If the Council determines to schedule the matter for consideration of non-renewal,
the City Clerk shall provide appropriate notice to the licensee as required by
Wisconsin Statutes.
Hearings on revocation or non-renewal of licenses shall be conducted as provided
by Chapter 125 of the Wisconsin Statutes.
Policy for Lost Property and
Removal of Abandoned or
Unauthorized Personal
Property
POLICY ON REMOVAL OF ABANDONED
OR UNAUTHORIZED PERSONAL PROPERTY
Statement of Purpose / Applicability
To establish guidelines for the removal and storage or disposal of tangible abandoned or
unauthorized personal property located on city owned or operated properties.1
This policy shall not apply to financial assets or financial accounts subject to Chapter 177
of the Wisconsin Statutes entitled the “Uniform Unclaimed Property Act.”
This policy shall not apply to abandoned, wrecked, dismantled or discarded vehicles as
defined under Chapter 27 Article III of the City of Oshkosh Municipal Code.
This policy shall not apply to retention of property by citizens under the provisions of
Chapter 170 of the Wisconsin Statutes.
Statutory and Ordinance References
Section 12-17 of the City of Oshkosh Municipal Code – Abandoned or Surplus Property
Section 25-26 of the City of Oshkosh Municipal Code – Obstructions in Street Prohibited
Chapter 27 Article III of the City of Oshkosh Municipal Code – Abandoned, Wrecked,
Dismantled or Discarded Vehicles
Chapter 170 of the Wisconsin Statutes –Strays and Lost Chattels
Chapter 177 of the Wisconsin Statutes Uniform Unclaimed Property Act – applies to
financial assets and financial accounts
Attempt to Return Property
Any City Employee finding or coming into possession of property, shall attempt to
ascertain if the owner can be easily determined and located and if the property may be
returned in an expeditious manner. If an employee is able to quickly locate the owner
and return the property the employee may do so.
1 This policy shall not apply to the Oshkosh Public Library or Redevelopment Authority
unless adopted by their respective boards.
Items That Will Not Be Retained or Stored
Items to Be Disposed of Immediately
Refuse: Items with no apparent monetary or sentimental value or utility. Employees shall
inspect each item and make individual determinations based on the totality of the
circumstances including apparent efforts to protect items from weather and disturbance,
labelling of items, apparent value of the items and other factors. The following listings
of refuse and non-refuse items may be used as a general reference in making the
determination whether an item is refuse or non-refuse.
Refuse items under this policy will generally include items such as:
• non-personal papers
• paper refuse
• food remains
• empty glasses, bottles or cans
• opened and/or partially used toiletries
• broken, dismantled, torn, dirty or otherwise damaged items
• any medications and paraphernalia associated with medications2
Not refuse (unless broken, dismantled, torn, dirty or otherwise damaged as noted
above):
• wallets or purses
• identification
• jewelry
• electronic equipment including phones, radios, chargers and similar items
• personal papers including photographs, books, diaries or similar items
• tents / tarps in good repair
• luggage, Backpacks or storage containers
• bed rolls, sleeping mats, sleeping bags, pillows, mattresses, air mattresses
• sporting equipment
• camping equipment, equipment for food preparation or temporary heating
• clothing, hats, gloves or mittens, shoes, towels
• unopened toiletries
2 Employees should use their judgement and consider the totality of the circumstances,
but any loose medications or medications that are mixed with other items, even if
bottled, should be safely destroyed rather than returned as the City will be unable to
confirm that the items have not been altered or tampered with if they were found lost or
abandoned.
• eyeglasses
• keys
• books, educational workbooks and supplies
• bagged recyclables
• items stored in a manner that suggest the owner intended to keep it
Health or Safety Hazards: Any chemical, physical or biological hazard that reasonably
appears to pose a risk to health, safety or property when contacted, stored or transported
and includes, but is not limited to: items commingled with human or animal waste or
other contaminant; needles; spoiled or rotten food; or items that are flammable, explosive
or incendiary.
Signs Within the City Right-of-Way or Posted on City: Unauthorized signs within the
City’s right-of-way, which are in violation of Chapter 25 of the Municipal Code, or on
other City property may be removed and destroyed by City employees without the
requirement for storage under this policy.
Items to Be Turned Over to Law Enforcement
The Oshkosh Police Department (OPD) should be consulted regarding items containing
personal identification or items of obvious value and such items may be picked up by or
transported to and turned over to OPD as an officer may direct.
Wallets, Purses: Wallets, purses and similar items may be held for up to two business
days at the City facility/department at which it is found, but if not claimed in that time
period, employees shall provide such items to OPD. If a wallet, purse or similar item
contains a significant amount of cash or other valuables, OPD should be consulted and
may take immediate possession of such items.
Weapons: Weapons such as guns, knives, swords, pepper spray, clubs, or other weapons
or instruments that are capable of causing great bodily harm or death shall be turned over
to OPD for storage or destruction as state and federal law may dictate.
Jewelry: OPD may be consulted for items of jewelry. Obvious costume or inexpensive
jewelry may be treated as lost and found and kept at the appropriate City facility.
Medication, Pills, Drugs and Drug Paraphernalia: Over-the-counter medication or non-
prescription medication and paraphernalia shall be disposed of as refuse as provided
above.
OPD shall be consulted regarding illegal drugs or drug-related substances and
paraphernalia. Any such substances or items will provided to OPD on their request or
be disposed of as medical waste upon their direction.
The City will not store prescription medication. All prescription medications shall be
disposed of in the dropbox located in the Public Safety Building by the recovering
department.
Individual Items / Lost and Found
Smaller individual items of personal property that are found should be taken to the
designated “lost and found” area for the City facility at which they are found. Any
employee finding or given a lost item should deliver it to the appropriate lost and found
area as soon as practical in keeping with their normal duties.
For items found within City parks, items may be taken to the Parks Department offices
located at Witzel Avenue if there is no lost and found area designated at the individual
park site. For items found within or on a City right-of-way or other vacant non-park
property, items should be taken to the Department of Public Works Streets Division
offices located at Witzel Avenue.
Reasonable care should be taken to store items deemed lost and found to prevent damage
to or theft of the property.
Items may be returned to persons claiming lost and found items with proof of ownership
or upon other reasonable method of identifying the property.
Lost and found items shall be stored for a minimum period of 14 calendar days.
Items that are not claimed may be disposed of or turned over to the Purchasing Division
for disposition or disposal as surplus property.
Homeless Encampments (Individual or Group) or Collections of Items that may be
Possessions of an Unhoused Individual
The City understands that there may be persons who may be unhoused for various
reasons. The City is committed to helping unhoused persons find appropriate housing
or services that may be available within the community. This policy is intended to
provide guidelines for the removal and clearing of tents, encampments or other dwellings
and for the treatment and storage of personal property attached to, stored, abandoned or
found upon on City-owned property in connection with a homeless dwelling, campsite
or encampment.
Individual or small collections of items such as bags containing items, sleeping bags,
backpacks, shopping carts or pull behind carts that do not reasonably appear to be
indicative of being a dwelling, campsite or unhoused person’s collection of their personal
property will be treated as “Individual Items and Lost and Found” under the previous
section of this policy.
The City will prioritize clearing areas under this section of the policy based upon any
specific policies limiting access to or the use of the property that is expressed through
signage at the property, and also the adverse impacts upon the particular property from
the leaving or storage of items of personal property. Adverse impacts are determined by
a combination of factors, including but not limited to the following:
i. Interference in places for which persons may obtain a permit for exclusive use
of the City facility, such as parks, park shelter, special event site boundaries, or
sport facilities.
ii. Interference with the use of right-of-way, Park Trail, sidewalk, pedestrian ways
or paths. Items within 10 feet of any right-so-way, Park Trail, sidewalk,
pedestrian way or path shall be presumed to interfere with the right-of-way.
iii. Evidence of illegal activity occurring in or near an area.
iv. Activity which is a threat to infrastructure, such as damage to or fires within
or near public facilities.
v. Activity which interferes with maintenance efforts or other work being
performed at or near a location.
vi. Threats or acts of violence or disorderly conduct at or near a location.
vii. Health or safety hazards at or near a location.
Notice
Written notice of the intention to remove items associated with unhoused persons under
this section shall be placed on each identifiable structure, tent, bedroll or grouping of
possessions at least 24 hours in advance of removal of any items. Notice shall also be
faxed, emailed or delivered to the Day by Day Shelter, Father Carr’s Place 2B, Winnebago
County Social Services, and any/other facility or entity requesting notification of removal
of items at least 24 hours in advance of the removal of any items.
The notice period may be shortened in the event of emergencies that may require the
immediate evacuation of an area, such as a catastrophic event, natural disaster or other
urgent health or safety concern.
The notice shall contain the following information:.
I. The date of the notice
II. The address or other description sufficient to clearly identify the location to be
cleared
III. The proposed date and time of clean up of the location
IV. The name and contact information for the Department/Division of the City
conducting the cleanup
V. A notice that some items may be disposed of immediately as hazardous material,
abandoned medication or refuse.
VI. The location where items not immediately disposed of will be stored and where
they may be reclaimed, as well as the hours that items may be reclaimed and a
telephone number to call for more information or to arrange for pick up of items
VII. A notice that items will be stored for a period of no less than thirty (30) days from
the date of cleanup and that if the items are unclaimed within that time, that the
items may be disposed of without further notice
Cleanup shall be completed or supervised by a City employee.
Cleanup will occur only on the date(s) specified in the notice or on the next business day.
If clean up cannot be completed on the date noticed or the next business day, a new notice
shall be issued prior to any clean-up activities occurring.
Individuals who provide the City representative with sufficient information that they are
the owner of the property and who may be present at the time of cleanup will be given a
reasonable opportunity to remove property prior to City employees or agents removing
the items.
Items that are health or safety hazards or cannot or should not be stored may be taken by
the City and disposed of immediately. Items that are retained or stored under the terms
of this policy should be placed in transparent plastic bags or other containers and marked
as to the date and location of collection.
Items may be placed together in a single bag if collected on the same date and at the same
location and there is an indication that they may all belong to a single owner.
After items are collected, a notice shall be left at the collection site informing persons of
the collection date and time, giving contact information and location of storage for
reclaiming items.
General Provisions
Nothing in this Policy shall prohibit the City from immediately removing items that are
obstructing passageways or right-of-way, or any place that is subject to use by the public
and the items obstruct the public’s lawful use and then giving notice, if required under
this section.
Each department or facility shall establish specific policies for collection, storage, logging
of items, disposal, return of items and such other matters as may be relevant and
pertinent to the department or facility. An example of a log that departments and/or
facilities may use to inventory abandoned property is included as part of this policy.
Lead Service Line
Replacement Policy
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Lead Service Line Replacement Policy
Contents
1. Acronyms and Definitions
2. Background and Purpose
3. Authorities
4. Replacement Requirements
5. Notice
6. Exception
7. Responsibilities of the City
8. Responsibilities of Private-Side LSL Owners
9. Financing Private-Side LSLR by City
1. Acronyms and Definitions
“Child-care facility” shall mean any state-licensed or county-certified child-care facility
including, but not limited to, licensed family childcare, licensed group centers, licensed day
camps, certified school-age programs, and Head Start programs.
“City” shall mean City of Oshkosh.
“Confirmed water sample test” shall mean a tap water analysis completed after a prior analysis
that indicated lead levels at the United States Environment Protection Agency (USEPA) action
level, and conducted in accordance with the Lead and Copper Rule, with Chapter NR 809.547,
Wis. Adm. Code., and with instructions provided by the City.
“Contractor” shall mean a person, firm, corporation, or other entity pre-qualified by the City of
Oshkosh to complete private side lead service line replacements.
“Federal Safe Drinking Water Act” shall mean 42 U.S.C.A. Sec. 300f-300j-26.
“GIS” shall mean Geographic Information System.
“High-risk lead service” shall mean any lead water service line where a confirmed water sample
test of a customer’s tap water reveals a lead concentration at or above the USEPA action level.
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“Lead and Copper Rule” (LCR) shall mean the rule created by the USEPA and adopted by the
Wisconsin Department of Natural Resources (WDNR) in response to the passage of the Safe
Drinking Water Act, which provides maximum contaminant-level goals and national primary
drinking water regulations for controlling lead and copper in drinking water including approved
corrosion-control treatment techniques, lead service line replacement, and public education. The
rule may be found in 56 FR 26460, 40 CFR part 141.80-141.90, and Chapter NR 809.541-NR809.55,
Wis. Adm. Code.
“Lead Service Line” (LSL) shall mean (i) all or a portion of a water service line constructed of lead,
and/or (ii) all or a portion of a water service line constructed of galvanized material that is or was
downstream of lead. The term includes both private-side water service lines and public-side
water service lines.
“Lead Service Line Replacement” (LSLR) shall mean full replacement of an LSL.
“Licensed Plumber” shall mean a person, firm, corporation, or other entity licensed to perform
plumbing work in the City by the State of Wisconsin.
“Ordinance” shall mean City of Oshkosh Municipal Code, Chapter 20 – Plumbing and /or
Chapter 28 - Water.
“ppb” shall mean parts per billion.
“Private-side water service line” (Private-side) shall mean the water pipe running from the
customer’s meter to the curb stop, which is the Water Utility shut-off valve. This portion is owned
by the property owner and is the responsibility of the property owner to maintain.
“Public-side water service line” (Public-side) shall mean the water pipe running from the City’s
water main to and including the curb stop, which is the Water Utility shut-off valve.
“SDWLP” shall mean the Safe Drinking Water Loan Program.
“water service line” shall mean the pipe that connects the water main to the customer’s meter.
“Water Utility” shall mean the City of Oshkosh public water system, also known as Oshkosh
Water Utility.
2. Background and Purpose
The City has several thousand Lead Service Lines (LSLs) located on both public and private
property. The Federal Lead and Copper Rule (LCR) under the Safe Drinking Water Act requires
that samples taken at customers’ taps have less than fifteen (15) parts per billion lead. To comply
with the LCR, the City controls LSL corrosion with the addition of a phosphate-based corrosion
inhibitor and a pH adjustment chemical at the water treatment plant.
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Recent scientific studies, proposed changes in LCR sampling procedures, and incidents of
elevated lead levels in public water systems have driven regulators and municipalities to
reconsider LCR requirements, regulatory compliance, LSL replacement policies, and public
communication about lead and drinking water.
Prior to 2017, the City had replaced the public portion of LSLs in conjunction with water main
replacements; however, the corresponding private-side portions of the LSLs were not required to
be replaced.
To reduce the potential exposure to lead in drinking water, the City adopted revisions to the City
of Oshkosh Municipal Code Chapter 20 – Plumbing to make full lead water service line
replacement mandatory.
Wisconsin regulations prohibit the use of water utility funding on private property.
This policy describes how Lead Service Line Replacement (LSLR) requirements in the Municipal
Code will be implemented and how homeowners may receive financial assistance for LSL
replacement.
3. Authorities
The authority for implementation of the policy are Federal, State, and local regulations described
in the following subsections:
Federal Safe Drinking Water Act (SDWA). The SDWA was enacted into law in 1974 to protect
the quality of drinking water in the United States. This law gave the USEPA authority to set
drinking water quality standards and requires all owners and operators of public water systems
to meet these standards. In 1991, USEPA published the Federal Lead and Copper Rule to control
lead and copper in drinking water.
Wisconsin Administrative Code Chapter NR 809—Safe Drinking Water. The USEPA has
designated the Wisconsin Department of Natural Resources as the “Approval Authority”
responsible for oversight of implementation of the SDWA and its rules and amendments in the
state of Wisconsin. This code generally repeats the Federal lead and copper regulations.
City of Oshkosh Municipal Code (Ordinance). The LCR gives public water systems authority
and responsibility to implement necessary local regulations. Provisions in Chapter 20 and
Chapter 28 of the Municipal Code apply to LSLR and form the basis for the LSLR Policy,
including Section 20-13 Lead Service Line Replacement, Section 20-14 Penalties, and Section
28-10 Private Side Lead Service Line Replacement Financing.
4. Replacement Requirements
The LSL shall be replaced whenever any of the following occurs:
A. A leak or failure has been discovered on either the private- or public-side of the LSL.
B. A portion of an LSL is replaced or repaired.
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C. A request is made by a property owner to replace the private-side LSL.
The remaining lead portion of the water service line shall be completely replaced within one
hundred eighty (180) days of any repairs.
No permanent repairs to the lead portion of a water service line shall be allowed.
5. Notice
In the event of a water service line leak, failure, or emergency replacement of the public-side
service, the City shall provide written notice to the property owner that replacement of the
private-side LSL is required within one hundred eighty (180) days of the notice.
In the event of a planned replacement of the public-side service, the City shall provide written
notice of the private-side LSL replacement requirement to the property owner at least thirty (30)
days prior to the commencement of the planned replacement of the public-side LSL.
In the event of a water service line leak, failure, or emergency replacement of the private-side
LSL, the City is required to replace the public-side LSL within one hundred eighty (180) days of
the private-side LSL being completed.
Please note other timelines may be required to qualify for financial assistance.
6. Exception
The City may, at its discretion, grant a temporary exception to Section 4, provided that doing so
will not create a threat to the health, safety, or welfare of the public. When considering
exceptions, the City may look at factors including, but not limited to: scheduled replacement
and/or whether the lateral is in service, as well as any other factors that may be relevant. The
maximum time extension shall be one (1) additional year beyond the one hundred eighty (180)
days allowed.
7. Responsibilities of the City
The City shall:
A. Create LSL and LSLR database.
B. Create a voluntary LSL replacement list based upon requests from property owners.
C. Prioritize replacement of LSLs to maximize efficient use of public funds and minimize
potential risks to public health by replacing LSLs in conjunction with water main replacement
projects; replacing LSLs at child-care facilities, schools, and locations with high-risk lead
services; replacing LSLs from approved property owner requests; and replacing LSLs from
completed water main projects where the private-side LSLs were not replaced.
D. Complete the City’s home inspection form or provide form to Licensed Plumber(s).
E. For planned LSLRs as part of City water main replacement projects, the City shall provide
information to private property owners regarding the property owners’ responsibilities and
resources that may be useful in meeting those responsibilities.
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F. When funds are available to subsidize private-side LSLR and the LSLR meets the eligibility
criteria, the City shall:
a. Provide to private property owners private-side LSLR financial assistance in accordance
with Section 9 of this Policy. Property owners should contact the Department of Public
Works at (920) 236-5258 to determine eligibility.
b. Pre-qualify Contractor(s) to perform private-side LSLRs.
c. Provide list of pre-qualified Contractor(s) to private property owners.
G. Provide lead filter devices for temporary use during LSLR work and for a period of six (6)
months after the completion of LSLR work.
H. Provide public information on health risks associated with lead in drinking water and ways
to reduce potential risks.
I. React appropriately to noncompliance with communication, and, if necessary and
appropriate, with enforcement as allowed under the Ordinance.
8. Responsibilities of Private-Side LSL Owners
Upon receipt of the notice in Section 5, or upon approval from the City of a submitted request
from the property owner, the private-side LSL owner shall:
A. Allow the City, or hire a Licensed Plumber, to complete City-approved water service line
inspection.
B. Replace the private-side LSL by contracting with a pre-qualified Contractor. The work shall
be performed in accordance with all applicable State and local regulations and utility
standards. It is recommended that property owners obtain multiple quotes.
a. Property owner must meet and follow all City Eligibility Requirements listed in Section
9, Financing Private-Side LSLR, to qualify for financial assistance.
C. Coordinate, as necessary, to complete timely replacement of a LSL.
D. Contact the City of Oshkosh Plumbing Inspector for a final inspection in a timely manner.
E. The property owner is ultimately responsible for hiring the contractor, complying with the
financial assistance requirements below, or directly paying the contractor for any work
completed.
a. Participation in the financial assistance program, if available, is voluntary. Property
owners must provide completed copies of all necessary paperwork.
b. Costs above $5,400 are entirely the responsibility of the property owner.
9. Financing Private-Side LSLR by City
When designated funding sources are available and within LSLR program eligibility
requirements, described below, the City will subsidize the cost of private-side LSLR as follows:
A property owner may apply for financial assistance from the City for private-side LSLR up
to the amounts identified below. Property owners seeking financial assistance must complete
all applications and meet the eligibility requirements listed below. Financial assistance will
be provided in the form of a private-side LSL loan which shall be a lien upon the property
and shall be repaid in installments as a special charge upon each year’s annual tax bill.
City shall provide financial assistance of fifty percent (50%) of the cost to replace the LSL up
to a maximum of $2,700 per LSL replaced.
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Alternatively, property owners who are considered “Low Income”, as established by the U.S.
Department of Housing and Urban Development for the year the project takes place, may be
eligible for assistance in paying for the private-side LSLR. This assistance may cover one
hundred percent (100%) of the cost of the private-side LSLR, but is subject to the City’s annual
Federal allocations. To apply for private-side LSLR financial assistance, property owner must
submit completed Lead Service Line Replacement Community Development Block Grant (CDBG)
Application and submit it to the Planning Services Division, 2nd floor, City Hall. The property
owner must use a current LSLR Pre-qualified Contractor and follow all CDBG requirements.
Eligibility Requirements (Non-CDBG funded LSLR):
A. Property owners must meet all of the eligibility requirements.
B. Service line replacement must be coordinated so the public-side and private-side service
line replacement are completed within one hundred eighty (180) days of each other. Failure
to meet the 180-day requirement will result in the property not being eligible for financial
assistance. The 180-day requirement does not apply to partial service line replacements
completed prior to August 8, 2024.
C. Private LSL replacement must be approved by the City prior to starting replacement work.
To receive approval, the property owner must:
a. Complete and submit the current Financial Assistance Application for Private-Side Lead
Service Line Replacement.
b. Complete and submit current Lead Service Line Replacement Financial Assistance Program
Waiver/Release of Liability.
c. Receive confirmation of approval for financial assistance from the City and the Promissory
Note and Covenant containing terms of repayment. This document must be signed,
notarized, and submitted to the City with payment request. Any conditions of approval
must be shared with the Contractor and followed to ensure financial assistance eligibility.
D. Work must be completed by Contractor on the City’s current year pre-qualified LSLR
Contractor List. Provide a copy of any approval conditions to your Contractor. All work
must follow any conditions of approval.
E. After completion of work, including final inspections from the City of Oshkosh Inspection
Services, the Contractor shall submit the following:
a. Completed current Contractor Payment Application for Private-Side Lead Service Line
Replacement. Please note that the property owner must sign this form.
b. Signed and notarized property specific Promissory Note and Covenant for the parcel with
dollar amounts filled in and initialed by property owner. Maximum loan amount is fifty
percent (50%) of cost of LSLR work, up to $2,700.
c. Invoice for work completed
i. Invoice must contain the property address where the LSLR work was performed.
ii. Invoice must contain an itemized list of the work completed and only pertain to the
LSL replacement. Only LSLR costs will be considered/paid.
F. All work must be done in accordance with all sections of this document.
a. Failure to provide necessary documentation or meet the required timelines will result in
the City not paying the Contractor, resulting in no financial assistance from the City and
the property owner owing the Contractor the full amount.
ADDITIONAL RESOURCES
State of Wisconsin
www.wisconsin.gov
Wisconsin State Statutes
Chapter 64 of the Wisconsin Statutes – Subchapter I City Manager Plan
Chapter 62 Cities
Chapter 66 Municipal Law
Available online at www.legis.wisconsin.gov/rsb/stats.html
League of Wisconsin Municipalities
www.lwm-info.org
The League offers a number of useful handbooks and publications including a general
Handbook for Wisconsin Municipal Officials
UW – Extensions Local Government Center
www.lgc.uwex.edu/