CITY COUNCIL MEETING AGENDA CITY of FOND DU LAC, WISCONSIN Legislative Chambers 160 S Macy Street

CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN Legislative Chambers 160 S Macy Street

August 26, 2020 6:00 PM 1. CALL TO ORDER a. Roll Call b. Declaration a Quorum Is Present c. Pledge of Allegiance d. Silent Reflection e. Proclamation Recognizing Fond du Lac Reporter's 150th Anniversary f. Proclamation Recognizing Sisters Of St. Agnes 150th Anniversary g. Proclamation Recognizing Fond du Lac Dock Spiders League Championship 2. PUBLIC HEARINGS 3. CONSENT AGENDA a. August 12, 2020 Regular Council Minutes b. List Of Claims Dated August 19, 2020 4. AUDIENCE COMMENTS (Agenda and Non-agenda items) a. Virtual Instructions To Participate In The Public Comments:

Dial in Using Your Phone. (Toll Free) 1-877-568-4106 United States: 1-571-317-3129

Enter Access Code: 250-554-733#

Introduce Yourself To The Moderator If You Wish To Register To Speak During The Public Comment Portion Of The Agenda.

Public Participation Sign-Up Sheets and Written Public Comment for Non-Attendance Public Participation Forms can be found https://www.fdl.wi.gov/city-council/

5. ACTION ITEMS a. Resolution No. 8894 A Resolution Authorizing The Issuance And Sale Of $19,630,000 General Obligation Promissory Notes, Series 2020A Introduction: Director of Administration b. Resolution No. 8895 A Resolution Making Appointments To The Advisory Park Board, Downtown Architectural Review Board, Redevelopment Authority and Downtown Fond du Lac Partnership Introduction: City Manager c. Resolution No. 8896 A Resolution Allowing An Expansion Of Premise For "Class B" License For The Sweet And Salty Pig At 99 West Pioneer Road Introduction: City Clerk d. Resolution No. 8897 A Resolution Waiving The Prohibition Against Possession Of Alcoholic Beverages On Specified Public Ways And Allowing A Temporary Expansion Of Premise For "Class B" License For Thelma At 51 Sheboygan Street On Fridays, Saturdays and Sundays from September 1, 2020 Through December 31, 2020 For Special Events Introduction: Director of Community Development e. Ordinance No. 3720 An Ordinance Amending Chapter 476 Nuisances, Regarding Chronic Nuisance Premises Introduction: City Attorney f. Ordinance No. 3721 An Ordinance Amending Chapter 720, Zoning, Miscellaneous Changes Of The Code Of The City of Fond du Lac Introduction: Community Development Director 6. PRESENTATION OF INPUT ITEMS a. Presentation Of Comprehensive Annual Financial Report (CAFR) Presented By: Bryan Gruenwald, Principal, CliftonLarsonAllen LLP

Link to CAFR: https://www.fdl.wi.gov/administration/finance/financial-reports- plans/ b. Downtown Fond du Lac Partnership 2021 Annual Plan Presented By: Executive Director, Amy Hansen c. Library 2021 Budget Presentation Presented By: Library Director d. City Budget Overview Presented By: City Manager 7. ADJOURN CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Proclamation Recognizing Fond du Lac Reporter's 150th Anniversary Subject: Proclamation Recognizing Fond du Lac Reporter's 150th Anniversary Initiator: Recommendation:

ATTACHMENTS: File Name 150th_Reporter.pdf

Proclamation The Fond du Lac Reporter - 150th Anniversary

Whereas, on August 22, The Fond du Lac Reporter celebrated 150 years of continuous publication as a daily newspaper; and

Whereas, the newspaper’s long history and many name changes is interwoven with the comings and goings of people and businesses who built this city; and

Whereas, during the past 150 years, The Reporter has documented not only memories, but the intricate history of our city; and

Whereas, many people look to The Reporter to research past events and to find out what is happening in the community today; and

Whereas , the City of Fond du Lac wishes to acknowledge The Reporter’s dedication to keeping our community informed on the operations of local government and public institutions and providing answers to burning questions.

Now, Therefore, I, Brian Kolstad, President of the Fond du Lac City Council by my signature affixed, do hereby congratulate The Fond du Lac Reporter on its 150th Anniversary and extend the City’s best wishes for continued success.

Brian Kolstad Dated: August 2020 Fond du Lac City Council CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Proclamation Recognizing Sisters Of St. Agnes 150th Anniversary Subject: Proclamation Recognizing Sisters Of St. Agnes 150th Anniversary Initiator: Recommendation:

ATTACHMENTS: File Name 150th_Sisters_of_St._Agnes.pdf

Proclamation

Congregation of Sisters of St. Agnes - 150th Anniversary

Whereas, on August 1, 1870 the Sisters of St. Agnes completed their move from Barton, Wisconsin to a plot of twelve city lots on East Division Street; and

Whereas, this year marks the 150th anniversary of the Congregation of Sisters of St. Agnes moving to Fond du Lac; and

Whereas, the Sisters of St. Agnes have been instrumental in providing healthcare and education to the residents of Fond du Lac regardless of faith background and committed to systemic change for the quality of life, justice for the economically poor, furtherance of the role of women in church and society, and mutuality, inclusivity, and collaboration; and

Whereas, inspired by their founders-- the missionary zeal of Father Caspar Rehrl, the courageous initiatives of Mother Agnes Hazotte, and the spiritual influence of Father Francis Haas—the Sisters of St. Agnes continue to respond to those whose faith life or human dignity is threatened; and

Whereas, the City of Fond du Lac would like to recognize the Sisters of St. Agnes for the longstanding dedication and contribution to our city.

Now, Therefore, I, Brian Kolstad, President of the Fond du Lac City Council, by my signature affixed, do hereby congratulate the Congregation of Sisters of St. Agnes on its 150th Anniversary in Fond du Lac.

Brian Kolstad, President Dated: August 2020 Fond du Lac City Council CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Proclamation Recognizing Fond du Lac Dock Spiders League Championship Subject: Proclamation Recognizing Fond du Lac Dock Spiders League Championship Initiator: Recommendation:

ATTACHMENTS: File Name Dock_Spiders_Championship_2020.pdf

Proclamation Whereas, on August 22, 2020 the Fond du Lac Dock Spiders won the Wisconsin-Illinois Northwoods League Pod Championship against the La Crosse Loggers; and Whereas, the Dock Spiders finished the season with a record of 33- 17 and secured their second championship in only four years of existence; and Whereas, the City wishes to recognize and celebrate the commitment, hard work, and determination required to accomplish these achievements; and Now, Therefore, I, Brian Kolstad, President of the City of Fond du Lac City Council, on behalf of the citizens of Fond du Lac, do hereby congratulate the Fond du Lac Dock Spiders and its supporters for an outstanding season. Congratulations!

Brian Kolstad Dated: August 2020 Fond du Lac City Council CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: August 12, 2020 Regular Council Minutes Subject: August 12, 2020 Regular Council Minutes Initiator: Recommendation:

ATTACHMENTS: File Name 8-12-2020_Minutes.pdf CITY COUNCIL MEETING MINUTES CITY OF FOND DU LAC, WISCONSIN Legislative Chambers 160 S Macy Street

August 12, 2020 6:00 PM CALL TO ORDER Roll Call Present Arletta Allen Daniel Degner Ben Giles Alicia Hans Brian Kolstad, virtual Kay Miller Donna Richards

Absent None

Administrative Staff Joseph Moore, City Manager, virtual Dyann Benson, Dir of Comm Dev Tracy Salter, Dir of Admin, virtual Tricia Davi, Dpty Comptroller/Treasurer Joshua Musack, Purchasing Manager Deb Hoffmann, City Attorney Alexandra Klimko, Assistant City Attorney Jordan Skiff, Dir of Public Works Bill Lamb, Chief of Police Aaron Goldstein, Asst. Police Chief of Admin Peter O'Leary, Fire Chief, virtual Kathryn Duveneck, IT Service Director

Declaration a Quorum Is Present President Kolstad declared a quorum present. Pledge of Allegiance Pledge of Allegiance was recited. Silent Reflection A moment of silent reflection was observed. PUBLIC HEARINGS

FY2020 Justice Assistance Grant (JAG) Program President Kolstad opened the Public Hearing.

With no one wishing to speak President Kolstad declared the Public Hearing closed.

CONSENT AGENDA

July 22, 2020 Regular Council Minutes

List Of Claims Dated August 5, 2020

A Motion was made by Arletta Allen to approve the consent agenda and seconded by Daniel Degner, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards

AUDIENCE COMMENTS (Agenda and Non-agenda items) Spoke in opposition of Resolution No. 8893 and Advisory Referendum: Resident: Deb Doll, 324 Southlake Cir., Fond du Lac Joe Venhuizen, 141 Fanna St., Fond du Lac Amy Hansen, 131 N. Main St., Fond du Lac Luke Wacek, 1120 Spring Lake Dr., Fond du Lac Non-Resident: Paul Reetz, W5265 Bechaud Beach Dr., Fond du Lac

Spoke in support of Advisory Referendum: Resident: Susan Michaels, 770 Meadowbrook Ln., Fond du Lac

Spoke otherwise: Resident: Joe Zack, 432 N. Main St., Fond du Lac

Spoke in support of Resolution No. 8893: Resident: Tammy Abel, 1023 Bluehill Ave., Fond du Lac Aaron Burkardt, 228 E. Division St., Fond du Lac Laura DeGollier, 289 14th St., Fond du Lac John Papenheim, 182 Everett St., Fond du Lac Amy Schingen, 60 Bryn Mawr Cir., Fond du Lac Cindy Hoffmann, 709 Rienzi Rd., Fond du Lac Cecil Head, 1146 Rienzi Rd., Fond du Lac Zoe Brown, 45 15th St., Fond du Lac Non-Resident: Christine Brennan, 1004 Church St., Waupun

Spoke in opposition of Resolution No. 8893: Resident: Luke Holzmann, 26 Glenwood Ct., Fond du Lac Bernadette Ericksen, 260 E 2nd St., Fond du lac Craig Molitor, 16 S Portland St., Fond du Lac Terry Davis, 26 Glenwood Ct., Fond du Lac Lisa Lefeber, 57 N Kayser St., Fond du Lac Mike Shannon, 940 Country Club Ln., Fond du Lac Thor Gilbertson, 1119 Spring Lake Dr., Fond du Lac John Miller, 284 E Harbor View Dr., Fond du Lac Eric Shady, 521 Portage St., Fond du Lac Non-Resident: Megan Schueller, 840 Woodside Ave., Ripon Larissa Clinard, N6055 Westview Dr., Fond du Lac Lisa McArthur, W7010 Rogersville Rd., Fond du Lac Maeghan Greeno, W3815 Evergreen Ct., Malone Eric Stone, N7224 Winnebago Dr., Fond du Lac Tony Ahern, N7206 Winnebago Dr., Fond du Lac Jim Spannbauer, W6949 River View Ct., Fond du Lac Tom Schermerhorn, N5134 Summit Ct., Fond du Lac Rick Froh, N5232 Summit Ct., Fond du Lac Sadie Parafiniuk, 6694 Rustic Meadows Rd., Pickett Bonnie Baerwald, W4114 Pheasant Run, Fond du Lac Rich Norenberg, 716 E Tennessee Ave., Oshkosh Ron Emanuel, N8254 Deadwood Point Beach, Fond du Lac

Spoke in Support of Resolution No. 8893 and Advisory Referendum: Resident: Mike Steffen, 83 5th St., Fond du Lac Shawn McCrary, 551 Monmouth St., Fond du Lac Sheryl Andrews, 732 Meadowbrook Ct., Fond du Lac Jane Ricchio, 580 Evans Dr., Fond du Lac Laurel Munger, 120 5th St., Fond du Lac Jim Johnson, 31 Wakawn Ave., Fond du Lac Doug Kindschuh, 351 Western Ave., Fond du Lac

Spoke otherwise on Resolution No. 8893 and Advisory Referendum: Non-Resident: Jim Stearns, N8218 Ashberry Ave. Fond du Lac

Spoke in opposition of Resolution No. 8893; in support of 2021 Police Budget; in opposition of Advisory Referendum: Resident: Marc Meihack, 952 Holly Tree Ln., Fond du Lac

Spoke in opposition of Resolution No. 8893 and in support of Advisory Referendum: Resident: Peter Wilke, 650 N Main St., Fond du Lac

Did not speak: In support of Resolution No, 8893: Resident: Paul Bleuel, 356 Wilson Ave., Fond du Lac Nick Nida, 435 Portage St., Fond du Lac Bob Reilly, 424 S Marr St., Fond du Lac Michelle Merten, 554 County Creek Dr. 12, Fond du Lac Paul Coey, 51 W Division St., Fond du Lac Mary and Jerry O'Leske, 389 Walker St. Fond du Lac Elizabeth Suprenand, 258 Bayberry Ln. Fond du Lac Karen Patton, 185 Welsh St., Fond du Lac Patricia Nonestied, 10 Oaklawn Ave., Fond du Lac James Kohlman, 165 E 10th St., Fond du Lac Becky, Kohlman, 165 E 10th St., Fond du Lac Keith Heisler, 210 S Main St., Fond du Lac Susan Misudek, 35 Country Ct., Fond du Lac Tom Wild, 60 Bryn Mawr Cir., Fond du Lac Brad Schingen, 551 E 10th St., Fond du Lac Brian Schingen, 348 9th St., Fond du Lac Gordon Schingen, 464 Martin Ave., Fond du Lac Ann Gurno, 392 E 10th St., Fond du Lac Jeremy Pirelli, 98 W Division St., Fond du Lac James Pirelli, 87 5th St., Fond du Lac Jerome Pirelli, 312 6th St., Fond du Lac Margaret Pirelli, 312 6th St., Fond du Lac Shirley Clements, 101 Cottage Ave., Fond du Lac Patrick Mullen, 285 Linden St., Fond du Lac Shawn Justman, 200 Doty St., Fond du Lac Gerald Sabel, 1096 Primrose Ln., Fond du Lac Patricia Reese, 391 Ellis St., Fond du Lac Non-Resident: Kevin Bauer, W4898 Rienzi Rd., Fond du Lac Tracy Hover, N6076 Joseph Dr., Fond du Lac Cynthia Ernst, N7133 Winnebago Dr., Fond du Lac

Did not speak: In support of Resolution No. 8893 and Advisory Referendum: Resident: Donna Bleuel, 356 Wilson Ave., Fond du Lac Renee Wagner, 535 E. Bank St., Fond du Lac Charles Tuttle, 641 S Main St. #2, Fond du Lac Mary Hayes, 285 Linden St., Fond du Lac

Did not speak: In support of Advisory Referendum: Non-Resident: Michael Winkler, N8493 Sunset Dr., Fond du Lac

Did not speak: In opposition of Resolution No. 8893: Resident: Kris Saiberlich, 753 Southgate Dr., Fond du Lac Jennifer Gilgenbach, 525 Wakefield Ave., Fond du Lac Todd Gilgenbach, 525 Wakefield Ave., Fond du Lac Jacqueline Runge, 712 Sterling Dr., Fond du Lac Sam McClone, 1003 Sycamore Tree Dr., Fond du Lac Tina Wilhelme, 21 N Bell St., Fond du Lac Karri Klemm, 330 Marquette St., Fond du Lac Daniel Egan, 314 E Harbor View Dr., Fond du Lac Luke Fraundorf, 1018 Bluehill Ave., Fond du Lac Mellissa Venhuizen, 141 Fanna St., Fond du Lac Isaac Holzmann, 26 Glenwood Ct., Fond du Lac Brian Kuhnz, 480 Maona Ave., Fond du Lac Craig Much, 1186 Martin Ave., Fond du Lac Alan Kietzmann, 514 Western Ave., Fond du Lac Patrick Friedel, 225 Broadway St., Fond du Lac Sarah Dowidat, 243 Bayberry Ln., Fond du Lac Chris Burnett, 709 Sterling Dr., Fond du Lac Tricia Rathermel, 1078 Mihill Ave., Fond du Lac Brett Zimmermann, 337 18th St., Fond du Lac Morgan Zoch, 868 W Scott St., Fond du Lac Rachel Rudzik, 137 E Division St., Fond du Lac Non-Resident: Steve Leaman, W4779 Reinhardt Rd., Fond du Lac Leah Jayne Benzinger, N8424 Sunset Dr., Fond du Lac Chris Schueller, 840 Woodside Ave., Ripon Nicole Blatz, W1799 County Rd T, Mt. Calvary Erik Johnson, 2442 Vinland St., Oshkosh Bob Benzinger, N8424 Sunset Dr., Fond du Lac Jeffery McArthur, W7010 Rogersville Rd., Fond du Lac Anna Huck, N7884 Sandy Beach Rd., Fond du Lac Joan Pinch, W11242 Hwy 23, Rosendale Josh Metzger, N4656 State Rd 175, Fond du Lac James Cleveland, W5337 Garden Dr., Fond du Lac Scott Polacek, N8431 Park Ridge Dr., Fond du Lac Rachel Polacek, N8431 Park Ridge Dr., Fond du Lac

Did not speak: In opposition of Resolution 8893 and Advisory Referendum: Resident: Alex Fiebig, 882 Mullen Dr., Fond du Lac Non-Resident: Christopher Twohig, N8628 Decorah Ln., Fond du Lac

Did not speak: in support of Resolution 8893, in support of 2021 Police Budget, in opposition of Advisory Referendum: Resident: Evan Seibel, 800 S Park Ave #2F, Fond du Lac

Did not speak: In support of Resolution No. 8893 and opposed to Advisory Referendum: Resident: Josh Trapp, 228 19th St., Fond du Lac

Did not speak: In opposition of privatization of Lakeside Park Peninsula Resident: Joseph Pauly, 554 Country Creek Dr. #10

Did not speak: In support of the 2021 Police Budget: Resident: Patricia Reese, 391 Ellis St., Fond du Lac

Did not speak: In support of Advisory Referendum Resident: 10 Oaklawn Ave., Fond du Lac

Did not speak: In support of Lakeside Park Development: Resident: Katherine Vergos, 430 E Division St., Fond du Lac

Did not speak: In opposition to restaurant by the Lighthouse: Resident: Steve Puddy, 302 Tompkins St., Fond du Lac Dan Leeds, 155 Cottage Ave., Fond du Lac

Did not speak: In opposition to the elimination of more green space in Lakeside Park: Resident: Fran Paul, 618 Marshall Ave., Fond du Lac

Did not speak: In support of Lakeside Park Development Members of the Lakeside Park Exploratory Committee

Did not speak: In support of Lakeside Park Development: Downtown Fond du Lac Partnership

Did not speak: In support of Lakeside Park Development: Boys & Girls Club of Fond du Lac

ACTION ITEMS

Class "A" Fermented Malt Beverage and "Class A" Liquor License

A Motion was made by Daniel Degner to approve Class "A" Fermented Malt Beverage and "Class A" Liquor license for Dolgencorp, LLC d/b/a Dollar General Store #21860 located at 32 E Johnson Street and seconded by Arletta Allen, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards

Class "B" Fermented Malt and "Class B" Intoxicating Liquor License

A Motion was made by Daniel Degner to approve Class "B" Fermented Malt and "Class B" Intoxicating Liquor License for Kings & Queens Lounge, LLC d/b/a Kings & Queens Lounge located at 211 S Military Road and seconded by Donna Richards, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards

"Class B" Intoxicating Liquor and Class "B" Fermented Malt Beverage Change Of Agent

A Motion was made by Ben Giles to approve change of agent for Casa del Tequila to Angelica Ibarra and seconded by Kay Miller, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards Resolution No. 8891

2020-78 A Motion was made by Daniel Degner to approve Resolution No. 8891 reviewing and approving grant application from the Edward Bryne Memorial Justice Assistance Grant (JAG) Program and seconded by Arletta Allen, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards

Resolution No. 8892

2020-79 A Motion was made by Daniel Degner to approve Resolution No. 8892 waiving the prohibition against possession of alcoholic beverages of specified public ways for Fat Joe's Fondue Fest after party event September 12th, 2020 and seconded by Kay Miller, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards

Resolution No. 8893

2020-80

A Motion was made by Kay Miller to approve Resolution No. 8893 that postpones the Lakeside Park Pavilion Renovation project that was to begin construction in Fall 2020 until after the completion of the Johnson Consulting feasibility study of the master plan and seconded by , and the motion was Died for lack of Second.

PRESENTATION OF INPUT ITEMS

Debt Issue - 2020A Go Promissory Notes - 2020 CIP And Refunding, Preliminary Interest Rates and Debt Repayment Schedules Debt Issue- 2020A go promissory notes- 2020 CIP and refunding, preliminary interest rates and debt repayment schedules was presented by, James Miller, Senior VP-Managing Director-Public Finance at Huntington Securities, Inc. 2021 Police Department Budget Presentation 2021 Police Department Budget Presentation was presented by Bill Lamb, Chief of Police. Overview Of Referendums - Binding and Advisory Referendums Overview of Referendums- Binding and Advisory Referendums was presented by Deb Hoffmann, City Attorney. Discussion About Holding An Advisory Referendum On The Lakeside Park Master Plan Discussion about holding an Advisory Referendum on the Lakeside Park Master Plan was presented by Jordan Skiff, Director of Public Works. ADJOURN

A Motion was made by Daniel Degner to adjourn at 10:12 pm and seconded by Kay Miller, and the motion was Passed. Ayes: Allen, Degner, Giles, Hans, Kolstad, Miller, Richards

Margaret Hefter City Clerk CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: List Of Claims Dated August 19, 2020 Subject: List Of Claims Dated August 19, 2020 Initiator: Recommendation:

ATTACHMENTS: File Name List_of_Claims_Memo_08-19-20_1.pdf CITY OF FOND DU LAC - Memorandum Department of Administration

Date: August 19, 2020

To: City Council

From: Tracy Salter, Director of Administration

Re: List of Claims

The list of claims for goods and services for the payment periods August 1, 2020 through August 14, 2020 for all funds total $7,885,961.13. Wisconsin statute 66.0609 (2) requires the comptroller to file, at least monthly with the City Council, a list of approved claims paid.

This list of claims includes the full 2019 1st Dollar Credits and School Levy Tax Credits totaling $5,423,707.29, paid to the Fond du Lac County Treasurer per Wisconsin statute 79.10(7m)(cm)1,a and City Ordinance 3653.

Suggested Motion: Receive and File

CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Virtual Instructions Subject: To Participate In The Public Comments:

Dial in Using Your Phone. (Toll Free) 1-877-568-4106 United States: 1-571-317-3129

Enter Access Code: 250-554-733#

Introduce Yourself To The Moderator If You Wish To Register To Speak During The Public Comment Portion Of The Agenda.

Public Participation Sign-Up Sheets and Written Public Comment for Non-Attendance Public Participation Forms can be found https://www.fdl.wi.gov/city-council/

Initiator: Recommendation:

ATTACHMENTS: File Name Virtual_Council_Meeting_Instructions_-_Ongoing.pdf VIRTUAL COUNCIL MEETING DETAILS

Date: May 20, 2020

To help prevent the spread of COVID-19 and to protect our more vulnerable members of the community, the City of Fond du Lac City Council is encouraging everyone to watch the Council Meeting live online through the Government Channel Simulcast at: https://www.fdl.wi.gov/city-council/webcasts/ , live via Charter Government Channel 980, or on demand the day after the meeting via our website at the above link.

In addition, to facilitate the open meeting requirement and still abide by the social distancing and mass gathering guidelines from Wisconsin Governor Evers, the City of Fond du Lac will be allowing public comments via teleconference during this pandemic.

To participate in the public comments, please call in using the info below between 5:30- 5:50pm and register to speak. Once registered with the moderator, please mute your phone and remain on hold until your turn to speak.

City Council Regular Meeting - Virtual Instructions To participate in the public comments:

Step 1: Dial in using your phone. United States (Toll Free): 1-877-568-4106 United States: 1-571-317-3129

Step 2: Enter Access Code: 250-554-733 # #

Step 3: Introduce yourself to the moderator to get registered to speak during the public comment portion of the agenda.

Note: The call in instructions are available for those that want to speak during public comments. To watch the meeting without speaking, the webcast, Charter channel, or on demand the next day are the recommended methods and calling in is not necessary. For more information about Fond du Lac’s COVID-19 precautions visit www.fdl.wi.gov. CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Resolution No. 8894 Subject: A Resolution Authorizing The Issuance And Sale Of $19,630,000 General Obligation Promissory Notes, Series 2020A Introduction: Director of Administration Initiator: Recommendation:

ATTACHMENTS: File Name Memo_PRECEDING_Res_-_2020_CIP-Refinancing_Debt.pdf 2020_Debt_Financing_Plan_-_City_of_Fond_du_Lac_-_8-26-2020_Final.pdf City_of_Fond_du_Lac_-_Authorizing_Resolution_Final.pdf CITY OF FOND DU LAC - Memorandum Department of Administration

To: Joe Moore, City Manager City Council

From: Tracy Salter, Director of Administration

Date: August 17, 2020

Subject: Resolution 8894 - 2020 CIP and Refinancing Debt Issuance

This resolution authorizes the issuance and sale of $20,820,000 general obligation promissory notes, series 2020A dated September 9, 2020, due March 1, 2030 for public purpose including capital projects totals $8,555,000 and refinancing totals $12,265,000. S&P Global Ratings assigned its ‘AA-‘ \long-term rating to these notes. At the same time they affirmed their ‘AA- ‘long-term rating (SPUR) on the City’s previously issued GO debt. The outlook is stable.

This debt financing combines the 2020 CIP debt issue and refinancing 6 debt issues. The 2020 Debt Financing Plan provided by James Miller, Huntington Securities, Inc. in the last City Council agenda packet has been updated to include the Lakeside Park Pavilion Renovation project and is attached to this memo. Debt financing objectives are listed in the attached plan. The refinancing of the 2009/2010 bonds will result in an estimated savings of $510,000. The interest rates are based upon estimates at the time provided.

Resolution 8844 passed in November 26, 2019 declared the official intent to reimburse 2020 Capital Improvement Plan expenditures from proceeds of borrowing. This allowed staff to begin design, bidding, contracting and construction of projects while maintaining the tax exempt status of the notes.

The resolution drafts related to Series 2020A general obligation promissory notes follow this memo with attached plan. The actual documents will be provided by James Miller of Huntington Securities, Inc. at the August 26th meeting. The final interest rates will be included at that time.

Attachment: 2020 Debt Financing Plan

Final 2020 Debt Financing Plan

For The

City of Fond du Lac, Wisconsin ______

August 26, 2020

Prepared By:

James J. Miller, Senior Vice President

Huntington Securities, Inc.

______

City of Fond du Lac, Wisconsin

Debt Financing Objectives

 Amount required to finance long-term 2020 capital projects totals $8,555,000

 Refinance debt that is outstanding at above current market rates

• $1,050,000 2009 Bonds are outstanding at 4.5% - 5.0% • $6,565,000 2010 Bonds are outstanding at 4.0% - 4.25% • $ 750,000 2011 Notes are outstanding at 4.5% • $1,800,000 2012 Notes are outstanding at 2.375% - 3.0% • $2,100,000 2013 Notes are outstanding at 2.5% - 4.0%

 Combine the new money portion of the financing with the refunding for a combined issue size of $20,820,000

 Structure the issue to minimize the debt service levy in future years

 Eliminate balloon maturities

 Final Structure reduced the par amount of the issue to $19,630,000 but will provide net proceeds to the City the required amount of $20,820,000

 The final true interest rate on the borrowing came in at 1.604% including all costs

 Final total principal and interest is $1,241,655 less than the last estimate on 8/12/20

City of Fond du Lac, Wisconsin

Net Debt Service Requirements 2020 – 2032

After

$19,630,000 General Obligation Promissory Notes, Series 2020A

Supported Total General Obligation Debt from Net Year Total Total Total Other Total Due Principal Interest Debt Service Revenues Debt Service

2020 $ 7,470,000 $ 2,559,364 $ 10,029,364 $ 1,280,635 $ 8,748,729 2021 11,605,000 2,348,333 13,953,333 5,199,398 8,753,935 2022 7,205,000 2,043,696 9,248,696 485,002 8,763,694 2023 7,390,000 1,844,166 9,234,166 478,450 8,755,716 2024 8,065,000 1,606,997 9,671,997 931,887 8,740,110 2025 7,295,000 1,373,981 8,668,981 390,856 8,278,125 2026 7,625,000 1,137,294 8,762,294 384,701 8,377,593 2027 7,680,000 887,521 8,567,521 229,850 8,337,671 2028 7,910,000 646,152 8,556,152 221,451 8,334,701 2029 6,800,000 428,056 7,228,056 144,531 7,083,525 2030 7,975,000 206,811 8,181,811 139,061 8,042,750 2031 1,125,000 62,813 1,187,813 133,438 1,054,375 2032 1,125,000 20,938 1,145,938 127,813 1,018,125 $89,270,000 $15,166,122 $104,436,122 $10,147,073 $94,289,049

CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Resolution No. 8895 Subject: A Resolution Making Appointments To The Advisory Park Board, Downtown Architectural Review Board, Redevelopment Authority and Downtown Fond du Lac Partnership Introduction: City Manager Initiator: Recommendation:

ATTACHMENTS: File Name 8895_Res_making_appointments_to_boards_and_Commissions.pdf SKM_22720081914500_Redacted.pdf Meyer_Board_Application_2_Redacted.pdf

RESOLUTION NO. 8895

A RESOLUTION MAKING APPOINTMENTS TO THE ADVISORY PARK BOARD, DOWNTOWN ARCHITECTURAL REVIEW BOARD, REDEVELOPMENT AUTHORITY AND DOWNTOWN FOND DU LAC PARTNERSHIP

BE IT RESOLVED by the City Council of the City of Fond du Lac that the following appointments by the City Manager to the Advisory Park Board, Downtown Architectural Review Board, Redevelopment Authority and Downtown Fond du Lac Partnership are hereby confirmed:

Advisory Park Board Beginning Ending Doug Teletzke (3rd Appointment) 08/27/2020 04/30/2023

Downtown Architectural Review Board Lisa Lefeber (3rd Appointment) 08/31/2020 08/30/2023

Redevelopment Authority Anne Pierce (3rd Appointment) 08/27/2020 04/30/2023

Downtown Fond du Lac Partnership Samuel Meyer 08/27/2020 12/30/2020

ADOPTED: ______Brian Kolstad, President Fond du Lac City Council

Attest: City Attorney:

______Reviewed Margaret Hefter, City Clerk

CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Resolution No. 8896 Subject: A Resolution Allowing An Expansion Of Premise For "Class B" License For The Sweet And Salty Pig At 99 West Pioneer Road Introduction: City Clerk Initiator: Recommendation:

ATTACHMENTS: File Name 8896_The_Sweet_and_Salty_Pig_Expansion.pdf Memo.pdf Full_page_photo.pdf Full_page_photo_2.pdf RESOLUTION NO. 8896

A RESOLUTION ALLOWING AN EXPANSION OF PREMISE FOR “CLASS B” LICENSE FOR THE SWEET AND SALTY PIG AT 99 WEST PIONEER ROAD

WHEREAS, The Sweet and Salty Pig would like to add 5 tables outdoors in a portion of their parking lot and would like to serve alcohol which requires an expansion of premises; and

WHEREAS, Section 125.51(3)(d), Wis. Stats allows the City Council to expand the described licensed premises; and

WHEREAS, The Sweet and Salty Pig requests an expansion of their premises Tuesday thru Saturday between the following hours:

10:00 a.m. to 8:00 p.m.; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fond du Lac that it is in the interest of the City to authorize, in accordance with Section 125.51(3)(d), Wis. Stats., the applicant’s request for an extension of their licensed premises, for the days and hours listed, subject to obtaining the necessary building permits and approvals from the Department of Community Development.

BE IT FURTHER RESOLVED that proper City officials and/or City staff are hereby authorized and directed to take any necessary actions in furtherance hereof and in support of such request.

ADOPTED: ______Brian Kolstad, President Fond du Lac City Council

Attest: City Attorney: ______Reviewed Margaret Hefter, City Clerk

CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Resolution No. 8897 Subject: A Resolution Waiving The Prohibition Against Possession Of Alcoholic Beverages On Specified Public Ways And Allowing A Temporary Expansion Of Premise For "Class B" License For Thelma At 51 Sheboygan Street On Fridays, Saturdays and Sundays from September 1, 2020 Through December 31, 2020 For Special Events Introduction: Director of Community Development Initiator: Recommendation:

ATTACHMENTS: File Name 8897_Thelma_Waiver_and_additional_Expansion_Weekends_Sept_Dec.pdf Memo_for_Thelma_Waiver_and_additional_Expansion.pdf Thelma_Pop_Up_Events_Application.pdf RESOLUTION NO. 8897

A RESOLUTION WAIVING THE PROHIBITION AGAINST POSSESSION OF ALCOHOLIC BEVERAGES ON SPECIFIED PUBLIC WAYS AND ALLOWING A TEMPORARY EXPANSION OF PREMISE FOR “CLASS B” LICENSE FOR THELMA AT 51 SHEBOYGAN STREET ON FRIDAYS, SATURDAYS AND SUNDAYS FROM SEPTEMBER 1, 2020 THROUGH DECEMBER 31, 2020 FOR SPECIAL EVENTS

WHEREAS, Thelma has been hosting concerts on Thursdays from June 11, 2020 to August 27, 2020 which includes the waiver of prohibition against possession of alcoholic beverages on specified streets and an expansion of premises and would like to add some additional pop-up events on the weekends; and

WHEREAS, Section 400-15, of the Code of the City of Fond du Lac, Wisconsin, allows the City Council to grant permission to waive the prohibition against public consumption of alcoholic beverages in City streets; and

WHEREAS, Section 125.51(3)(d), Wis. Stats allows the City Council to expand the described licensed premises; and

WHEREAS, the Fond du Lac Alcohol Licensing Committee met on March 30, 2020 and has approved Thelma’s initial request; and

WHEREAS, Thelma has requested an additional extension to its temporary expansion of their premises and waiver of the prohibition against public consumption on Sheboygan Street between Marr Street to Portland on Fridays, Saturdays and Sundays beginning September 1, 2020 through December 31, 2020 and between the following hours:

5:00 p.m. to 10:00 p.m.; and

WHEREAS, the above-described waiver for these additional pop-up special events is contingent upon Thelma amending their existing Special Event permit for the concerts to add the pop-up special events pursuant to Chapter 562 of the Code of the City of Fond du Lac and complying with all regulations contained within and related to Chapter 562 for Special Events; and

Resolution No. 8897 Page 2

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fond du Lac that it is in the interest of the City to authorize, in accordance with Section 125.51(3)(d), Wis. Stats., the applicant’s request for a temporary extension of their licensed premises, for the days and hours listed.

BE IT FURTHER RESOLVED that the prohibition against public consumption of alcoholic beverages in City streets for the dates and hours listed above are hereby waived and contingent upon Thelma amending their Special Event permit for the Concerts to cover these additional special event pursuant to Chapter 562 of the Code of the City of Fond du Lac and complying with all regulations contained within and related to Chapter 562 for Special Events.

BE IT FURTHER RESOLVED that the prohibition against public consumption of alcoholic beverages in City streets and expansion of premises are conditioned on the number of confirmed Coronavirus cases has stopped rising in Fond du Lac County and the Fond du Lac County Health Department is no longer requesting that social distancing remain in place.

BE IT FURTHER RESOLVED that notwithstanding anything in this Resolution, no glass containers or carry-ins are permitted in the described street areas, meaning that the prohibition contained in Code Section 400- 15., shall continue to apply to glass containers and carry-ins.

Resolution No. 8897 Page 3

BE IT FURTHER RESOLVED that proper City officials and/or City staff are hereby authorized and directed to take any necessary actions in furtherance hereof and in support of such request.

ADOPTED: ______Brian Kolstad, President Fond du Lac City Council

Attest: City Attorney: ______Reviewed Margaret Hefter, City Clerk CITY OF FOND DU LAC - Memorandum City Attorney/Human Resources Department

Date: August 25, 2020

To: City Council

From: Deborah Hoffmann, City Attorney/Director – Human Resources

Re: Conditions for granting an additional expansion of premises and waiver of prohibition for Thelma – September 1, 2020 through December 31, 2020

For the past 5 years, the City has granted Thelma the ability to use City sidewalks and City Streets to hold public concerts and serve alcohol. In order to do this, the City needs to waive its prohibition against the consumption of alcohol on public ways and allow the Thelma to temporarily extend their premises covered by the liquor license onto the sidewalk and street during the concerts.

For these events, it’s been the City’s policy that alcohol sales end by 10:00 pm to make sure the event ends timely to avoid disturbing the residents that live in the area.

The standard for granting an expansion of premises is similar to the standard for granting a liquor license. It is within the discretion of the City Council to approve or disapprove of the change. See Alberti v. City of Whitewater, 109 Wis.2d, 592, 327 N.W.2d 150 (1982). Further, once granted, a full revocation hearing process would be necessary to reduce or change the premises expansion by the City.

City Clerk Hefter, Assistant Chief Klein, Community Development Director Benson and I have reviewed the proposed additional waivers and expansions being requested by Thelma and recommend approval, subject to the conditions that they obtain the necessary special event permits, and the Fond du Lac County Health Department has seen the number of confirmed Coronavirus cases decrease and has relaxed the need for social distancing.

CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Ordinance No. 3720 Subject: An Ordinance Amending Chapter 476 Nuisances, Regarding Chronic Nuisance Premises Introduction: City Attorney Initiator: Recommendation:

ATTACHMENTS: File Name 3720_Ord_Amending_Chapter_476_Chronic_Nuisance.pdf Chronic_Nuisance_Memo.8.20.20.pdf Back_up_showing_changes_to_Chronic_Nuisance_Premises_7_24_cleaned.pdf ORDINANCE NO. 3720

AN ORDINANCE AMENDING CHAPTER 476 NUISANCES, REGARDING CHRONIC NUISANCE PREMISES

The City Council of the City of Fond du Lac do ordain as follows:

Section 1. That Chapter 476., Nuisances., Section 476-7., Chronic nuisance premises., is hereby appealed and recreated to read as follows:

§ 476-7 Chronic nuisance premises.

A. Findings. The Fond du Lac City Council finds that certain premises within the City receive and require more than the general, acceptable level of City Police and Building Inspection Services, place an undue and inappropriate burden on City of Fond du Lac taxpayers, and constitute public nuisances. Nuisance activity contributes to the general decay of an affected neighborhood and negatively impacts law- abiding residents in these neighborhoods. The vast majority of properties with chronic nuisance activity are non-owner occupied. This ordinance is enacted to encourage premises owners to recognize their responsibility to ensure that activities occurring on their premises conform to the law and do not unduly burden the City's Police and Building Inspection Services and to provide a mechanism for the City to take action against premises owners who fail to ensure premises they own do not require a disproportionate level of City Police and Building Inspection Services to be devoted to such premises. This ordinance provides a method for City Police and Building Inspection to use in a progressive manner when working with property owners to abate nuisance activities occurring on their premises. Therefore, the City Ordinance No. 3720 Page 2

Council determines that the City will charge the owners of such premises with the costs associated with abating nuisance activity at premises where nuisance activities chronically occur. This section is not intended to discourage crime victims or a person in legitimate need of police services from requesting them. This section does not affect a Premises owner's duty to comply with the Fair Housing Laws under Chapter 307 (DISCRIMINATION) of the City of Fond du Lac’s Code of Ordinances, nor does it affect a Premises owner's duty to comply with all other laws governing residential tenancies which are contained in Chapter 704 of the Wisconsin Statutes, Chapter ATCP 134 of the Wisconsin Administrative Code, and all requirements of the relevant ordinances of the Code of the City of Fond du Lac. B. Definitions. The following terms shall be defined as follows in this section: CHIEF ―The Chief of Police or his or her designee. CHIEF BUILDING INSPECTOR ―– The Chief Building Inspector or his or her designee. CHRONIC NUISANCE PREMISES ―- means a premises that meets any of the following criteria: (1) Is a Premises which has generated three (3) or more calls for police services that have resulted in Enforcement Action for Nuisance Activities on three (3) separate days within a ninety (90) day period. Three (3) or more calls for police services resulting in Enforcement Action for Nuisance Activities includes Enforcement Action taken against any person associated with the Premises while at or within two hundred (200) feet of the Premises for a

Ordinance No. 3720 Page 3

Nuisance Activity; and/or has generated a number of cases from the Building Inspection for Nuisance Activities from separate inspections occurring within a one (1) year period, with such calls resulting in Enforcement Action based on the following:

(a) Five (5) cases with one resulting in Enforcement Action, or (b) Four (4) cases with two resulting in Enforcement Action, or (c) Three (3) cases all resulting in Enforcement Action; or

(2) Is a Premises for which a Fond du Lac County Court of law has determined that, pursuant to a search warrant request, probable cause exists that manufacture, distribution or delivery of a controlled substance has occurred on or in association with the Premises within thirty (30) days prior to the date of the search warrant application; or (3) Is a Premises which has had one (1) Enforcement Action associated with the Premises resulting from the manufacture, delivery or distribution of a controlled substance(s) as defined in Chapter 961 of the Wisconsin Statutes.

Ordinance No. 3720 Page 4

(2) Alcohol, Possessing an open container which contains alcohol beverages or consuming alcohol beverages upon any public street as prohibited by Sec. 400-15 of the Code. (3) Alcohol, Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in § 125.04(1), Wis. Stats. (4) An act of harassment, as defined in § 947.013, Wis. Stats. (5) Animal violations, as defined in Chapter 216 of the Code of the City of Fond du Lac. (6) Arson, as defined in § 943.02, Wis. Stats. (7) Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats. (8) Code enforcement, City of Fond du Lac Building Inspection or code Enforcement-Action. (9) Crimes involving illegal possession of firearms as defined in ss. 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats. (10) Disorderly conduct, as defined in § 947.01, Wis. Stats. (11) Fire Prevention Code, violations of the Fire Prevention Code as prohibited by Chapter 343 of the Code. (12) Gambling, Illegal gambling as defined in 945.02, Wis. Stats. (13) Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats. (14) Littering as prohibited by Section 500-1, adopting §s 287.81(2)(a) and 287.81 (2)(b) and 287.81(2m), Wis. Stats. (15) Maintaining a drug dwelling as defined in § 961.42, Wis. Stats. (16) Minimum Housing Code, violations of the minimum housing code as prohibited by Chapter 255 of the Code.

Ordinance No. 3720 Page 5

(17) Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats. (18) Pandering as prohibited by §944.33, Wis. Stats. (19) Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats. (20) Prostitution, as defined in § 944.30, Wis. Stats. (21) Prostitution, keeping a place of prostitution in or § 944.34, Wis. Stats (22) Prostitution, Loitering for the purposes of prostitution as prohibited by § 134.65, Wis. Stats. (23) Prostitution, Loitering for the purposes of soliciting prostitution as prohibited by § 947.02 Wis. Stats. (24) Prostitution, soliciting prostitutes as prohibited by § 944.32, Wis. Stats (25) Receiving stolen property, as defined in § 943.34, Wis. Stats (26) Theft, as defined in § 943.20, Wis. Stats. (27) Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats. (28) Weapons violations, as defined in Chapter 339, Article I, of the Code of the City of Fond du Lac. OWNER ― The owner of the premises and his or her agents. PREMISES ― means a place of abode, a residence, a house or multiple dwelling unit for one (1) or more persons, including lodging houses, hotels, motels and tourist rooming houses, and associated common areas, yards and parking lots. In the case of multiple dwelling units, "Premises", as used in this Section, may consist of any single unit providing complete, independent living facilities for one (1) or more persons, including provisions for living, sleeping, eating, cooking and sanitation.

Ordinance No. 3720 Page 6

Ordinance No. 3720 Page 7

propose a written course of action to abate the Nuisance Activities. The Statement shall direct the Premises owner to schedule a meeting with the Chief of Police and/or Chief Building Inspector to discuss the Nuisance Activity and the Premises owner's intent regarding abatement. (f) A statement that the Premises owner shall, when appropriate, consider and implement alternatives to eviction when formulating an abatement plan. (g) A statement that the Premises owner shall at all times comply with the fair housing requirements contained in Chapter 307 (DISCRIMINATION) of the Code when considering any action against a tenant based upon a CNP Notice. (h) A statement that the Premises s owner may be subject to a forfeiture action with a penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for permitting a Chronic Nuisance Premises and may be subject to imprisonment for failure to pay such forfeiture. (i) A statement that if the Premises is a non-owner occupied residential Premises, the Premises owner is encouraged to attend landlord training, where available.

D. Determination of Chronic Nuisance.

Ordinance No. 3720 Page 8

Ordinance No. 3720 Page 9

(a) Premises owners shall be counseled regarding nuisance abatement methods and strategies and shall be encouraged to submit a comprehensive nuisance abatement plan that considers alternatives to eviction in situations where eviction is not the sole remedy available to abate the nuisance activity. (b) Premises owners shall be counseled regarding use of available resources, including community service providers, when Nuisance Activity associated with the Premises is not caused or contributed to by the direct actions of a tenant. (c) If the Premises owner meets with the Chief of Police and/or the Chief Building Inspector and presents an acceptable abatement plan and initiates action to abate the Nuisance Activities occurring on the Premises, the Police Department and/or Building Inspection will delay further enforcement of this ordinance, including cost recovery under Section 476- 7.C.(1)(d). (d) If the Premises owner ceases to cooperate with the efforts to abate the Nuisance Activities, the Chief of Police and/or Chief Building Inspector will reinstitute enforcement of this ordinance and the Premises owner will be sent a Change In Status Letter. This letter will document the City Police and/or Building Inspection Services’ efforts to contact and/or obtain cooperation of the owner.

Ordinance No. 3720 Page 10

(e) Failure by the Premises owner to respond within ten (10) days as directed in this subdivision shall result in a penalty as provided in § 476-15. (4) Any Premises owner who has been notified by the Chief of Police or the Chief Building Inspector that their non-owner occupied Premises is a Chronic Nuisance Premise is encouraged to attend a landlord training, where available.

Ordinance No. 3720 Page 11

this notice, along with a copy of the Chief of Police or Chief Building Inspector’s referral letter to the Comptroller, shall be made as set forth in Section 476-7.C.(1). The notice shall contain: [1] The street address or legal description sufficient for identification of the premises. [2] A Statement that the Chief of Police and/or the Chief Building Inspector has referred the cost of enforcement to the Comptroller with a concise description of the Nuisance Activities and the relevant sections of the ordinances. [3] Notice of the premises owner's right to appeal pursuant to Section 476-7.E.(4). (d) Each subsequent incident of enforcement action for Nuisance Activity shall be deemed a separate violation and costs will continue to be assessed pursuant to Section 476- 7.E.(1) until the nuisance is abated pursuant to Section 476- 7.E.(2). E. Penalties and Remedies .

Ordinance No. 3720 Page 12

owner found to be in violation of this section the costs of enforcement in full or in part. Such costs shall be billed to the Premises owner by invoice sent by regular mail and must be paid within thirty (30) days of the date on the invoice. Any unpaid invoice shall be a lien on such Premises and may be assessed and collected as a special charge pursuant to Wis. Stat. § 66.0627. A one hundred dollar ($100) administrative fee shall be added to the cost of enforcement charged to the benefited premises any time the premises is declared a chronic nuisance premises.

(2) Suspension of Cost Recovery. If after the receipt of a billing notice from the Comptroller, the Premises owner develops an acceptable plan and initiates action to abate nuisance activities occurring on the Premises, the Chief of Police and/or Chief Building Inspector will suspend further enforcement of this ordinance. The Premises owner is still responsible for any enforcement costs incurred prior to the Premises owner's submitting an abatement plan, including the administrative fee. If the Premises owner ceases to cooperate with the efforts to abate the Nuisance Activities, the Chief of Police and Chief Building Inspector will reinstitute enforcement of this ordinance after sending the Premises owner a Change In Status letter.

Ordinance No. 3720 Page 13

provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15.

(4) Appeal . Appeal of the determination of the Chief of Police and/ or the Chief Building Inspector pursuant to either Section 476- 7.D.(1), or the action of the Comptroller imposing special charges pursuant to Section 476-7.E.(1) against the Premises, may be submitted in writing to the Administrative Appeal Board in accordance with the procedures set forth in Chapter 14, Section 14.10 of the Code.

(5) Eviction or Retaliation Prohibited .

Ordinance No. 3720 Page 14

preponderance of evidence that the actions taken by the landlord were based upon good cause. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing Nuisance Activity as defined in paragraph B., for the commission of waste upon the Premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Wis. Stat. ch. 704, and Wis. Admin. Code ch. Ag. 134. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.

(b) "Good cause" as used in this subsection means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section.

(c) Penalty. In addition to any other penalty or remedy provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15.

(6) Abatement In Accordance With State Law . Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State.

(7) When Nuisance Is Deemed Abated. The public nuisance created by a Chronic Nuisance Premises shall be deemed abated when

Ordinance No. 3720 Page 15

no Enforcement Action to address Nuisance Activities occurs for a period of six (6) consecutive months from the date stated on the notice declaring the Premise a Chronic Nuisance Premises and/or there are no building inspection cases generated for a period of six (6) consecutive months from the date stated on the notice declaring the Premises a Chronic Nuisance Premises.

(8) Severability . The provisions of any part of this section are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein.

F. Penalty. In addition to any other penalty or remedy provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15.

ADOPTED: ______Brian Kolstad, President Fond du Lac City Council

Attest: City Attorney:

______Reviewed Margaret Hefter, City Clerk

CITY OF FOND DU LAC - Memorandum City Attorney/Human Resources Department

Date: August 20, 2020

To: Joe Moore, City Manager; City Council

From: Deborah Hoffmann, City Attorney/Director – Human Resources

Re: Chapter 476 – Chronic Nuisances

The City of Fond du Lac has had a chronic nuisance ordinance for a number of years. In the past two years, we’ve had occasion to use it and learned it was in need of revision. The City Attorney’s office has drafted some revisions to the ordinance, which is before you for approval tonight. Here’s the purpose of the ordinance, which is set out in full in the first section of the ordinance.

This ordinance provides a method for City Police and Building Inspection to use in a progressive manner when working with property owners to abate nuisance activities occurring on their premises. Therefore, the City Council determines that the City will charge the owners of such premises with the costs associated with abating nuisance activity at premises where nuisance activities chronically occur. This section is not intended to discourage crime victims or a person in legitimate need of police services from requesting them.

The intent of the revisions is to facilitate improvement of a property without negatively affecting tenants with mental illness or disabilities or victims of domestic violence or crimes.

This ordinance works by defining a chronic nuisance premises. When a property is determined, by the Chief of Police or the Chief Building Inspector, to meet the definition of a “chronic nuisance premises”; a written notice is provided to the property owner. If the Property Owner submits an acceptable written abatement plan and complies with the plan, no further action is taken to enforce the chronic nuisance ordinance. If the property owner does not abate the nuisance, the property owner can be billed for the costs of enforcement. The Property Owner can also be cited in Municipal Court for chronic nuisance and fined. A chronic nuisance will be deemed abated if there are no nuisance activity violations for a six month period. Chapter 476 Nuisances

§ 476-7 Chronic nuisance premises. A. Findings. The Fond du Lac City Council finds that certain premises within the City receive and require more than the general, acceptable level of City Police and Building Inspection Services, place an undue and inappropriate burden on City of Fond du Lac taxpayers, and constitute public nuisances. Nuisance activity contributes to the general decay of an affected neighborhood and negatively impacts law-abiding residents in these neighborhoods. The vast majority of properties with chronic nuisance activity are non- owner occupied. This ordinance is enacted to encourage premises owners to recognize their responsibility to ensure that activities occurring on their premises conform to the law and do not unduly burden the City's Police and Building Inspection Services and to provide a mechanism for the City to take action against premises owners who fail to ensure premises they own do not require a disproportionate level of City Police and Building Inspection Services to be devoted to such premises. This ordinance provides a method for City Police and Building Inspection Services to use in a progressive manner when working with property owners to abate nuisance activities occurring on their premises. Therefore, the City Council determines that the City will charge the owners of such premises with the costs associated with abating nuisance activity at premises where nuisance activities chronically occur. This section is not intended to discourage crime victims or a person in legitimate need of police services from requesting them. This section does not affect a Premises owner's duty to comply with the Fair Housing Laws under Chapter 307 (DISCRIMINATION) of the City of Fond du Lac’s Code of Ordinances, nor does it affect a Premises owner's duty to comply with all other laws governing residential tenancies which are contained in Chapter 704 of the Wisconsin Statutes, Chapter ATCP 134 of the Wisconsin Administrative Code, and all other requirements of the relevant ordinances of the Code of the City of Fond du Lac. A. B. Definitions. The following terms shall be defined as follows in this section: CHIEF ―The Chief of Police or his or her designee. CHIEF BUILDING INSPECTOR ―– The Chief Building Inspector or his or her designee. CHRONIC NUISANCE PREMISES ―- means a premises that meets any of the following criteria: (1) Is a Premises which has generated three (3) or more calls for police services that have resulted in Enforcement Action for Nuisance Activities on three (3) separate days within a ninety (90) day period. Three (3) or more calls for police services resulting in Enforcement Action for Nuisance Activities includes Enforcement Action taken against any person associated with the Premises while at or within two hundred (200) feet of the Premises for a Nuisance Activity; and/or has generated a number of cases from the Building Inspection for Nuisance Activities from separate inspections occurring within a one (1) year period, with such calls resulting in Enforcement Action based on the following:

(a) Five (5) cases with one resulting in Enforcement Action, or (b) Four (4) cases with two resulting in Enforcement Action, or (c) Three (3) cases all resulting in Enforcement Action; or

ENFORCEMENT ACTION ― An arrest or the issuance of a citation. NUISANCE ACTIVITY ― Any of the following activities, behaviors, or conduct occurring on a premises: (1) Alcohol violations, as defined in Chapter 400 of the Code of the City of Fond du Lac and § 125.07, Wis. Stats. (2) Alcohol, Possessing an open container which contains alcohol beverages or consuming alcohol beverages upon any public street as prohibited by Sec. 400-15 of the Code. (3) Alcohol, Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in § 125.04(1), Wis. Stats. (4) An act of harassment, as defined in § 947.013, Wis. Stats. (5) Animal violations, as defined in Chapter 216 of the Code of the City of Fond du Lac. (6) Arson, as defined in § 943.02, Wis. Stats. (7) Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats. (8) Code enforcement, City of Fond du Lac Building Inspection or code Enforcement- Action related complaints resulting in the issuance of a municipal citation.

(9) Crimes involving illegal possession of firearms as defined in ss. 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats. (10) Disorderly conduct, as defined in § 947.01, Wis. Stats.

(11) Fire Prevention Code, violations of the Fire Prevention Code as prohibited by Chapter 343 of the Code. (12) Gambling, Illegal gambling as defined in 945.02, Wis. Stats. (13) Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats. (14) Littering as prohibited by Section 500-1, adopting §s 287.81(2)(a) and 287.81 (2)(b) and 287.81(2m), Wis. Stats. (15) Maintaining a drug dwelling as defined in § 961.42, Wis. Stats. (16) Minimum Housing Code, violations of the minimum housing code as prohibited by Chapter 255 of the Code. (17) Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats. (18) Pandering as prohibited by §944.33, Wis. Stats. (19) Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats. (20) Prostitution, as defined in § 944.30, Wis. Stats. (21) Prostitution, keeping a place of prostitution in or § 944.34, Wis. Stats (22) Prostitution, Loitering for the purposes of prostitution as prohibited by § 134.65, Wis. Stats. (23) Prostitution, Loitering for the purposes of soliciting prostitution as prohibited by § 947.02 Wis. Stats. (24) Prostitution, soliciting prostitutes as prohibited by § 944.32, Wis. Stats (25) Receiving stolen property, as defined in § 943.34, Wis. Stats (26) Theft, as defined in § 943.20, Wis. Stats. (27) Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats. (28) Weapons violations, as defined in Chapter 339, Article I, of the Code of the City of Fond du Lac. (15) Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsections (1) through (14) above. (19) City of Fond du Lac inspection or code enforcement-related complaints resulting in the issuance of a municipal citation. OWNER ― The owner of the premises and his or her agents. PREMISES ― means a place of abode, a residence, a house or multiple dwelling unit for one (1) or more persons, including lodging houses, hotels, motels and tourist rooming houses, and associated common areas, yards and parking lots. In the case of multiple dwelling units, "Premises", as used in this Section, may consist of any single unit providing complete, independent living facilities for one (1) or more persons, including provisions for living, sleeping, eating, cooking and sanitation.

C. Procedure. (1) Upon finding that a Premises meets the definition of a Chronic Nuisance Premises, the Chief of Police or the Chief Building Inspector may declare the Premises a Chronic Nuisance Premises. The Chief of Police or the Chief Building Inspector shall provide written notice of his or her determination to the Premises owner identified by the City of Fond du Lac Assessor's records for that Premises. The Chronic Nuisance Premises Notice ("CNP Notice") shall be deemed delivered if sent either by first class mail to the Premises owner's last known address as identified by the records of the City Assessor or by personal service pursuant to Section 801.11, Wis. Stats. The CNP Notice shall contain the following information: (a) Street address, parcel number or a legal description sufficient to identify the Premises. (b) A concise statement, including a description of the relevant activities supporting the determination that the Premises is a Chronic Nuisance Premises. (c) A statement that the owner shall immediately notify the Chief of Police or Chief Building Inspector of any change in address to ensure receipt of future notices. (d) A statement that the cost of future enforcement may be assessed as a special charge against the Premises. (e) A statement that the owner shall, within ten (10) days of receipt of the CNP Notice, respond to the Chief of Police or the Chief Building Inspector either with an appeal or to propose a written course of action to abate the Nuisance Activities. The Statement shall direct the Premises owner to schedule a meeting with the Chief of Police and/or Chief Building Inspector to discuss the Nuisance Activity and the Premises owner's intent regarding abatement. (f) A statement that the Premises owner shall, when appropriate, consider and implement alternatives to eviction when formulating an abatement plan. (g) A statement that the Premises owner shall at all times comply with the fair housing requirements contained in Chapter 307 (DISCRIMINATION) of the Code when considering any action against a tenant based upon a CNP Notice. (h) A statement that the Premises s owner may be subject to a forfeiture action with a penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for permitting a Chronic Nuisance Premises and may be subject to imprisonment for failure to pay such forfeiture. (i) A statement that if the Premises is a non-owner occupied residential Premises, the Premises owner is encouraged to attend landlord training, where available.

D. Determination of Chronic Nuisance.

(1) In reaching a determination that a premises is a Chronic Nuisance Premises, activities that were reported to the City Police or Building Inspection Services by the Premises owner or on-site Premises manager shall not be included as Nuisance Activities. (2) Wis. Stat. § 968.075, broadly defines "domestic abuse". Therefore, in reaching a determination that a Premises is a Chronic Nuisance Premises, activities that are "domestic abuse" incidents pursuant to Wis. Stat. § 968.075, shall not be included as Nuisance Activities unless the incidents have been reviewed by the Chief of Police and the Office of the City Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be deemed Nuisance Activities under Section B. In determining whether to include such activities, the Chief of Police and Office of the City Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this ordinance shall not operate to discourage such reports and shall comply with the domestic violence provisions contained in Chapter 307 (DISCRIMINATION) of the Code. (3) If the owner responds to the CNP Notice pursuant to Section 476-7.C.(1)(e) with a nuisance abatement proposal, the Chief of Police or the Chief Building Inspector may accept, reject or work with the owner to modify the proposal. The plan is acceptable if it can reasonably be expected to result in abatement of the Nuisance Activities described in the CNP Notice within sixty (60) days. (a) Premises owners shall be counseled regarding nuisance abatement methods and strategies and shall be encouraged to submit a comprehensive nuisance abatement plan that considers alternatives to eviction in situations where eviction is not the sole remedy available to abate the nuisance activity. (b) Premises owners shall be counseled regarding use of available resources, including community service providers, when Nuisance Activity associated with the Premises is not caused or contributed to by the direct actions of a tenant. (c) If the Premises owner meets with the Chief of Police and/or the Chief Building Inspector and presents an acceptable abatement plan and initiates action to abate the Nuisance Activities occurring on the Premises, the Police Department and/or Building Inspection will delay further enforcement of this ordinance, including cost recovery under Section 476-7.C.(1)(d). (d) If the Premises owner ceases to cooperate with the efforts to abate the Nuisance Activities, the Chief of Police and/or Chief Building Inspector will reinstitute enforcement of this ordinance and the Premises owner will be sent a Change In Status Letter. This letter will document the City Police and/or Building Inspection Services's efforts to contact and/or obtain cooperation of the owner. (e) Failure by the Premises owner to respond within ten (10) days as directed in this subdivision shall result in a penalty as provided in § 476-15.

(4) Any Premises owner who has been notified by the Chief of Police or the Chief Building Inspector that their non-owner occupied Premises is a Chronic Nuisance Premise is encouraged to attend a landlord training, where available.

(5) Whenever the Chief of Police or the Chief Building Inspector determines that any of the following have occurred: (a) A Premises owner has failed to respond to the CNP Notice in Section 476- 7.C.(1), or (b) Enforcement action for an additional Nuisance Activity has occurred at a Premises for which Notice has been issued pursuant to Section 476-7.C.(1) and this Enforcement Action has occurred not less than fifteen (15) days after the CNP Notice has been issued, or (c) A course of action submitted pursuant to Section 476-7.C.(1) (e) has not been completed, Then the Chief of Police and/or the Chief Building Inspector may calculate the cost of enforcement to abate this and any subsequent Nuisance Activities and may refer such cost to the Comptroller so that the cost may be billed to the Premises owner. The Chief of Police and/or the Chief Building Inspector shall notify the Premises owner of the decision to refer the cost of enforcement to the Comptroller. Delivery of this notice, along with a copy of the Chief of Police or Chief Building Inspector’s referral letter to the Comptroller, shall be made as set forth in Section 476- 7.C.(1). The notice shall contain: [1] The street address or legal description sufficient for identification of the premises. [2] A Statement that the Chief of Police and/or the Chief Building Inspector has referred the cost of enforcement to the Comptroller with a concise description of the Nuisance Activities and the relevant sections of the ordinances. [3] Notice of the premises owner's right to appeal pursuant to Section 476-7.E.(4).

(d) Each subsequent incident of enforcement action for Nuisance Activity shall be deemed a separate violation and costs will continue to be assessed pursuant to Section 476-7.E.(1) until the nuisance is abated pursuant to Section 476-7.E.(2).

An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas. B. Notice. Whenever the Chief determines that three or more nuisance activities described in Subsection A resulting in enforcement action have occurred at a premises during a twelve- month period, the Chief may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner. The notice shall be delivered pursuant to § 476-11C of this chapter. C. Abatement plan. Any owner receiving notice pursuant to Subsection B shall meet with the Chief or his/her designee within 10 days of receipt of such notice. The parties shall review the problems occurring at the property. Within 20 days of this meeting, the owner shall submit to the Chief or his/her designee a written abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact. D. Additional nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to Subsection B, that this nuisance activity has occurred not less than 30 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.

E. Penalties and Remedies .

(1) Cost Recovery . The Chief of Police and the Chief Building Inspector shall keep an accurate account of the cost of enforcement and shall report it to the Comptroller. The Comptroller shall establish a reasonable charge for the costs of enforcement of this section. Upon receipt of a notice from the Chief of Police or the Chief Building Inspector issued pursuant to Section 476-7.D.(5)(c), the Comptroller shall charge any Premises owner found to be in violation of this section the costs of enforcement in full or in part. Such costs shall be billed to the Premises owner by invoice sent by regular mail and must be paid within thirty (30) days of the date on the invoice. Any unpaid invoice shall be a lien on such Premises and may be assessed and collected as a special charge pursuant to Wis. Stat. § 66.0627. A one hundred dollar ($100) administrative fee shall be added to the cost of enforcement charged to the benefited premises any time the premises is declared a chronic nuisance premises.

(3) Forfeiture . A forfeiture action may be commenced by the Office of the City Attorney for each Enforcement Action for Nuisance Activity occurring after the Premises has been declared a Chronic Nuisance Premises. In addition to any other penalty or remedy provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15.

(4) Appeal . Appeal of the determination of the Chief of Police and/ or the Chief Building Inspector pursuant to either Section 476-7.D.(1), or the action of the Comptroller imposing special charges pursuant to Section 476-7.E.(1) against the Premises, may be submitted in writing to the Administrative Appeal Board in accordance with the procedures set forth in Chapter 14, Section 14.10 of the Code.

(5) Eviction or Retaliation Prohibited .

(a) It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the Chief of Police or Chief Building Inspector about Nuisance Activities on the landlord's premises. It shall be unlawful for a landlord or any person acting as an agent for the landlord, to intimidate or actively discourage a tenant and/or persons associated with a tenant, from calling the police to report Nuisance Activity associated with a Premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the 12-month period following receipt of the complaint by the Chief of Police or Chief Building Inspector constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing Nuisance Activity as defined in paragraph B., for the commission of waste upon the Premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Wis. Stat. ch. 704, and Wis. Admin. Code ch. Ag. 134. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.

(b) "Good cause" as used in this subsection means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section.

(c) Penalty. In addition to any other penalty or remedy provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15.

(7) When Nuisance Is Deemed Abated . The public nuisance created by a Chronic Nuisance Premises shall be deemed abated when no Enforcement Action to address Nuisance Activities occurs for a period of six (6) consecutive months from the date stated on the notice declaring the Premise a Chronic Nuisance Premises and/or there are no building inspection cases generated for a period of six (6) consecutive months from the date stated on the notice declaring the Premises a Chronic Nuisance Premises.

F. Penalty. In addition to any other penalty or remedy provided by law, any person who shall violate any provision of this section shall be subject to penalty as provided in § 476-15. CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Ordinance No. 3721 Subject: An Ordinance Amending Chapter 720, Zoning, Miscellaneous Changes Of The Code Of The City of Fond du Lac Introduction: Community Development Director Initiator: Recommendation:

ATTACHMENTS: File Name 3721_Zoning_Code_Amendments_8_2020.pdf Schedule_8.1_Amended.pdf Back_up_showing_changes_to_Residential_Fence_Code_Updates.pdf Zoning_Code_Amendments_PC_Agenda.pdf PC_August_Minutes_8.18.20.pdf ORDINANCE NO. 3721

AN ORDINANCE AMENDING CHAPTER 720, ZONING, MISCELLANEOUS CHANGES OF THE CODE OF THE CITY OF FOND DU LAC

The City Council of the City of Fond du Lac do ordain as follows:

Section 1. That Chapter 720, Zoning, Section 720-6., Definitions., the following definition is hereby amended to read as follows:

YARD, FRONT A space extending across the entire width of a lot between any building and the lot line that abuts a public right-of-way. The front yard shall be determined by the primary mailing address of the lot. Every lot has a front yard. Lots with multiple addresses may have more than one front yard.

Section 2. That Chapter 720, Zoning, Section 720-6., Definitions., the following definitions are hereby created to read as follows:

YARD, STREET A space extending from the front yard to the rear yard of the public right-of- way and the required building setback. A street yard does not exist adjacent to an alley.

Section 3. That Chapter 720, Zoning, Section 720-11., Accessory Buildings and Uses, Paragraph C.(10) Fence, residential., (c) Height, street yard., is hereby created to read as follows:

(c) Height, street yard. The maximum height of a fence, including all supporting posts and decorative elements, is six feet, provided the fence does not extend beyond the rear wall of the primary structure, has a minimum right-of-way setback of six feet, and does not obstruct the vision clearance triangle between four feet and eight feet above the grade of the intersection of street centerlines.

Section 4. That Chapter 720, Zoning, Section 720-92 Signs., Attachment 8:1, is hereby amended to read as attached hereto:

Schedule VIII – Design Standards and Specifications for Signs

Section 5. Any person violating the provisions of this Ordinance shall be subject to the penalty provided in Chapter 1-4., of the Code.

Ordinance No. 3721 Page 2

Section 6. The appropriate City officials are hereby authorized and directed to take such action as is necessary to effectuate the terms of this Ordinance.

Section 7. All other ordinances and resolutions inconsistent with the provisions of this Ordinance are hereby repealed.

Section 8. This Ordinance shall take effect and be in force upon its passage and publication as provided by law.

ADOPTED: ______Brian Kolstad, President Fond du Lac City Council

Attest: City Attorney:

______Reviewed Margaret Hefter, City Clerk

ZONING

720 Attachment 8

City of Fond du Lac

Schedule VIII Design Standards and Specifications for Signs [Amended 5-14-2014 by Ord. No. 3547; 6-25-2014 by Ord. No. 3553; 2-24-2016 by Ord. No. 3598; 4-27-2016 by Ord. No. 3604; 4- 25-2018 by Ord. No. 3663; 5-27-20 by Ord. No. 3707; 8-26-20 by Ord. No. 3721]

Maximum Gross Surface Area Permitted Ground Sign (square feet)1 Projecting Sign (feet) Allowable Signage Maximum Height Minimum Setback Total Number of Electronic Projection Signs Permitted on Wall and/or Message From Wall Zoning District Any Lot Projecting Sign Ground Sign Center2 (inches) Maximum Minimum3 Front Side All districts: 1 ground sign per 1.0 per linear foot 1.0 per linear foot of 1 EMC per 10 10 10 Educational street frontage plus of building facade; lot frontage; 80 square property; ground Hospital 1 wall sign per 50 square feet feet maximum; for lots sign only Institutional building maximum with a frontage of Religious 200 feet or more, 150 square feet maximum R-1 Condominium 1 ground sign 25 square feet 6 10 10 development, more than 8 buildings R-3 and R-4 Multifamily 1 ground sign or 15 square feet 0.5 per linear foot of 10 10 10 dwelling Mobile home 1 wall sign main building facade; park 25 square feet maximum O 1 wall sign for each 0.5 linear foot of 0.5 per linear foot of 1 EMC permitted 20 8 10 10 C-R tenant space plus building facade main building facade; per property, 1 ground sign 50 square feet except for a maximum residential land use

720 Attachment 8:1 08 - 26 - 2020 720-6 DEFINITIONS

YARD An open space that lies between a building or structure and the nearest lot line.

YARD, REAR A space extending across the entire width of the lot between any building and the rear lot line. A corner lot will have a rear yard and one side yard; the designation of rear yard area shall be at the discretion of the property owner, contingent on compliance with the required side yard setback of the zoning district in which the property is located. A through lot will not have a rear yard.

YARD, SIDE A space extending from the front yard to the rear yard between any building and the side lot line. A corner lot will have one side yard and a rear yard; the designation of the side yard area shall be at the discretion of the property owner, contingent on compliance with the required rear yard setback of the zoning district in which the property is located. A through lot will have two side yards.

YARD, STREET A space extending from the front yard to the rear yard of the public right-of-way and the required building setback. A street yard does not exist adjacent to an alley.

720-11 (C) ACCESSORY BUILDINGS AND USES

(10) Fence, residential.

(a) Height, front yard. The maximum height of a fence, including all supporting posts and decorative elements, is four feet. The design of a fence within a required front yard should be at least fifty-percent open.

(b) Height, side/rear yard. The maximum height of a fence, including all supporting posts and decorative elements, is six feet. Where a side yard and/or rear yard is adjacent to a nonresidential use or property zoned for a nonresidential use, a fence height up to 10 feet is allowed.

EFFECT: Create street yard definition. Clarify the allowable fence height and setback for street yards.

Schedule VIII – Design Standards and Specifications for Signs EFFECT: Fix typo.

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Plan Commission of the City of Fond du Lac, Wisconsin, will conduct a Public Hearing at 5:30 p.m. on August 17, 2020 in Meeting Room A of the City-County Government Center, 160 South Macy Street, for the purpose of receiving public comment on proposed changes to Chapter 720, Zoning, of the Code of Ordinances of the City of Fond du Lac. The purpose of the zoning code amendment is to update various regulations of the ordinance. The proposed zoning code amendment affects:

Section 720-6 Definitions. Section 720-11 Accessory buildings and uses. Schedule VIII Design Standards and Specifications for Signs.

The meeting will be conducted in both virtual and in-person formats. Instructions for participating in the virtual meeting will be provided on the meeting agenda available on the City’s website. The meeting agenda for the Plan Commission can be accessed on the Calendar tab on the home page of the City’s website; www.fdl.wi.gov.

All persons having an interest in the area are invited to participate in the hearing and express their opinions virtually or in-person. Written communications will also be considered. For further information you are invited to contact the Community Development Department at (920) 322-3440. Published in accordance with Section 62.23, Wisconsin Statutes.

Dated this 11th day of August, 2020

MARGARET HEFTER City Clerk

Published: August 13, 2020

CITY OF FOND DU LAC - Memorandum Department of Community Development

Date: August 12, 2020

To: Plan Commission

From: Kolin Erickson, Principal Planner

Re: Chapter 720, Zoning – CODE AMENDMENT

Zoning codes are often reevaluated when the City receives multiple requests for the same exception (variance) to determine if the codes are still meeting the needs of our community. The proposed code amendment impacts buildings standards for residential fences. With some amended language to the zoning code, the City is able to factor in the needs of individual property owners while preserving and balancing the public interest of the entire community.

The proposed code amendment also revises Schedule VIII (Design Standards and Specifications for Signs) to correct a typing error. The correction impacts the allowable square footage for ground signs for educational, hospital, institutional and religious properties to provide more realistic design standards.

Excerpts of the zoning code are attached to this memo; yellow shading highlights new text; language to be removed is identified with strike-out text. An explanation of the effect of each revision is provided in a paragraph of blue text that follows the affected code section.

Recommendation

Community Development staff suggest the Plan Commission recommend to the City Council adoption of the proposed amendment to Chapter 720, Zoning. 720-6 DEFINITIONS

YARD An open space that lies between a building or structure and the nearest lot line.

YARD, STREET A space extending from the front yard to the rear yard of the public right-of- way and the required building setback. A street yard does not exist adjacent to an alley.

720-11 (C) ACCESSORY BUILDINGS AND USES

(10) Fence, residential. [Amended 3-28-2018 by Ord. No. 3661]

EFFECT: Create street yard definition. Clarify the allowable fence height and setback for street yards.

Schedule VIII – Design Standards and Specifications for Signs EFFECT: Fix typo.

ZONING

720 Attachment 8

City of Fond du Lac

Maximum Gross Surface Area Permitted Ground Sign (square feet)1 Projecting Sign (feet) Allowable Signage Maximum Height Minimum Setback Total Number of Projection Signs Permitted on Wall and/or Electronic From Wall Zoning District Any Lot Projecting Sign Ground Sign Message Center2 (inches) Maximum Minimum3 Front Side All districts: 1 ground sign per 1.0 per linear foot 0.1 1.0 per linear foot of 1 EMC per 10 10 10 Educational street frontage plus of building facade; lot frontage; 80 square property; ground Hospital 1 wall sign per 50 square feet feet maximum; for lots sign only Institutional building maximum with a frontage of Religious 200 feet or more, 150 square feet maximum R-1 1 ground sign 25 square feet 6 10 10 Condominium development, more than 8 buildings R-3 and R-4 1 ground sign or 15 square feet 0.5 per linear foot of 10 10 10 Multifamily 1 wall sign main building facade; dwelling Mobile 25 square feet home park maximum O 1 wall sign for each 0.5 linear foot of 0.5 per linear foot of 1 EMC permitted 20 8 10 10 C-R tenant space plus building facade main building facade; per property, 1 ground sign 50 square feet except for a maximum residential land use

720 Attachment 8:1 09 - 01 - 2018 FOND DU LAC CODE

Maximum Gross Surface Area Permitted Ground Sign Allowable Signage (square feet)1 Projecting Sign (feet) Total Number of Signs Permitted on Wall and/or Electronic Maximum Height Minimum Setback Zoning District Any Lot Projecting Sign Ground Sign Message Center2 Projection Maximum Minimum3 Front Side From Wall C-1 1 projecting sign Wall sign: 2.0 per 40 plus wall signs linear foot of building façade See § 720-83 Projecting sign: 8 square feet, except 12 square feet for a building facade greater than 40 linear feet C-2 1 projecting sign 1.0 per linear foot 1.0 per linear foot of 1 EMC permitted 40 20 8 5 5 plus wall signs plus of building facade main building facade per property 1 ground sign for with a maximum of each lot 75 square feet; for lots with a frontage of 150 feet or more, 150 square feet maximum 1 ground sign for a 1.0 per linear foot 1.0 per linear foot of 1 EMC permitted 40 8 15 15 shopping center (lot of building facade main building facade per shopping area greater than with a maximum of center 15 acres) or multi- 350 square feet; for tenant commercial outlot or satellite lot, building greater 1.0 per linear foot of 8 15 15 than 25,000 square main building facade feet in area, plus with a maximum of 1 monument sign 75 square feet for each outlot or satellite lot M-1 1 ground sign per 1.0 per linear foot 1.0 per linear foot of 1 EMC permitted 20 8 10 10 street frontage plus of building facade main building facade; per property wall signs 150 square feet maximum M-BP 1 ground sign plus 0.5 per linear foot 50 square feet 20 8 10 10 wall signs of building facade; 100 square feet maximum

720 Attachment 8:2 09 - 01 - 2018 ZONING

NOTES: 1 Ground signs: Area shall be based on the linear dimension of the exterior wall of a building or structure that directly abuts a public street; where sign area is based on lot frontage, the allowable total shall be based on the linear dimension of the lot line of the property for which the sign will be sited. Sign area shall include the surface area of only one sign face, where the surface area is the same for each face. For a monument sign, area shall include the surface area of the entire structure. Wall signs: Allowable sign area shall be based on the linear dimension of the building facade to which the sign is affixed. Wall signage is allowed on a facade that directly abuts a public street, parking lot, or the shared driveway of a shopping center. Signage, including individual letters and pictorial matter, shall not extend above the top of a building wall except where integrated into the building design as a structural element or an architectural feature. Where signage has no background frame or cabinet, sign area shall be calculated as the surface area defined by the smallest rectangle or combination of rectangles to encompass the outer limits of the advertising message, announcement, logo or decoration; for signs with multiple areas of text, advertising or decoration, each area of signage may be calculated separately. See also § 720-83E. Projecting signs: Allowable sign area shall be based on the linear dimension of the building facade to which the sign is affixed. A projecting sign is allowed on a facade that directly abuts a public street, parking lot, or the shared driveway of a shopping center. Sign area shall include the surface area of only one sign face, where the surface area is the same for each face. 2 See also § 720-84N. 3 Minimum height to bottom of sign within the vision triangle: the bottom of all signs must be a minimum of eight feet above ground. Outside of the vision triangle there shall be no height minimum except that any ground sign located within 10 feet of a driveway shall have a clearance of eight feet above ground. 4 The boundaries of the district include all commercially zoned land within 500 feet of either side of the center line of U.S. Highway 41. 5 Allowable height for properties within 500 feet of either side of the center line of U.S. Highway 41. 6 Allowable height for properties located within the interchange zones of U.S. Highway 41 and STH 23, Military Road and Hickory Road. The interchange zone is land located within a radius of 1,500 feet of the center line of the interchange.

720 Attachment 8:3 09 - 01 - 2018

PLAN COMMISSION MINUTES Monday, August 17, 2020 5:30 P.M.

Meeting Room A/ Go to Meeting 160 South Macy Street City-County Government Center Fond du Lac, Wisconsin

OPENING CEREMONIES

Attendance

Present Anne Pierce Donna Richards Jordan Skiff, Director of Public Works Derek TerBeest Sarah Van Buren

Absent Hertha Longo Stan Ramaker David Washkoviak

Administrative Staff Dyann Benson, Director of Community Development Kolin Erickson, Principal Planner

Declaration Quorum Present

Vice-Chairperson Sarah Van Buren declared a quorum present at 5:32 p.m.

********************************************************

Zoning Code Amendment Effect: Amend Chapter 720, Zoning, of the Code of Ordinances of the City of Fond du Lac to update various regulations of the ordinance. Initiator: Community Development Director

A Motion was made by Jordan Skiff to approve recommendation to the City Council adoption of the proposed amendment to Chapter 720, Zoning and seconded by Derek TerBeest, and the motion was Passed.

Ayes: Pierce, Richards, Skiff, TerBeest, Van Buren CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Presentation Of Comprehensive Annual Financial Report (CAFR) Subject: Presented By: Bryan Gruenwald, Principal, CliftonLarsonAllen LLP

Link to CAFR: https://www.fdl.wi.gov/administration/finance/financial- reports-plans/ Initiator: Recommendation:

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Title: Downtown Fond du Lac Partnership 2021 Annual Plan Subject: Presented By: Executive Director, Amy Hansen Initiator: Recommendation:

ATTACHMENTS: File Name City_Council_8.26.20.pdf

2020 2021 BUDGET BUDGET REVENUE Business Improvement District Assessment 155,000 155,000 Special Events 72,000 82,000 Miscellaneous Programs 7,000 18,000 TOTAL REVENUE 234,000 255,000

EXPENSES Office Operations 63,500 64,500 Business Development 49,000 52,000 Marketing 29,500 36,500 Streetscape 3,000 3,000 Special Events 89,000 99,000 TOTAL EXPENSES 234,000 255,000

NET INCOME 0 0

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CITY COUNCIL MEETING AGENDA CITY OF FOND DU LAC, WISCONSIN

Title: Library 2021 Budget Presentation Subject: Presented By: Library Director Initiator: Recommendation:

ATTACHMENTS: File Name Library_2021_budget_for_City_Council_-_FINAL.pdf Fond du Lac Public Library

2021 Budget Overview City Council’s Relationship with Library Budget  State Statute 43.58 (1)  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 the library building 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.

State statutes give library boards a higher degree of autonomy than most other boards and commissions. (League of WI Municipalities) City Council’s Relationship with Library Budget  State Statute 43.58 (2)(a)  The library board shall audit and approve all expenditures of the public library and forward the bills….to the appropriate municipal or county financial officer…

 The library board shall include a statement, signed by the library board secretary or other designee of the library board, that the expenditure has been incurred and that the library board has audited and approved the expenditure.  The appropriate municipal, county, or school district official shall then pay the bill as others are paid.

Under the scheme set out in the statutes, the library board has control over the use of the money appropriated to the fund, but it does not sign the checks or maintain physical control over the actual dollars and cents appropriated to the fund. (League of WI Municipalities) Library Board of Trustees

1. City Council Appointed – (Ms. Kolstad, President) 2. City Council Appointed – (Ms. Averbeck) 3. City Council Appointed – (Ms. Deacy, Secretary) 4. City Council Appointed – (Mr. Letcher) 5. City Council Appointed – (Mr. McDowell) 6. City Council Appointed – (Mr. Morrell, Treasurer) 7. City Council Appointed – (Mr. Wood-Taylor) 8. City Council Representative – (Mr. Giles) 9. School District Representative – (Ms. Simon, Vice-President) 10.County Board Supervisor – (Mr. Myrechuck) Allocation to the Library

Our Mission: To support a high quality of life in Fond du Lac through reading, lifelong learning and community involvement.

Investment in the Community Your Investment At Work 2019-20 Highlights In 2019, the Library….  Circulated 590,624 books, CDs, DVDs and more  63,101 E-books as well  Added 15,353 items to the collection  Hosted 321,952 visitors  Offered 785 programs to 27,451 attendees  Answered 28,736 Reference questions  Provided 30,731 computer sessions and 95,226 Wireless sessions to customers 5,111 Makers Strategic Priority: Expand Library’s role as community hub and connector Community Event Participation

 Celebrate CommUnity  Reality Day  Juneteenth  National Night Out  Summer Farmer’s Market  Fondue Fest (Chair of KidZone)  Walleye Weekend  Maker Faire Milwaukee and Sheboygan  TEDx Fond du Lac  FDL YP Amazing Race Community Membership  Professional Women’s Connection  Noon Rotary  Fond du Lac Young Professionals  FDL Literacy Board  YMCA Board of Directors  Fondy 100 Gives  Philanthropic Educational Organization (P.E.O.)  City committees--Wellness, Safety, Maintenance Taskforce  Human Resource Professionals  FDL Fair Trade  SPROUT  WI Governor’s Council on Financial Literacy  Wisconsin Library Association  Wisconsin Library Association Foundation Board Community-driven Programs

 Fond du Lac Reads event  History At Home  Ukulele Club  Craftermornings  Breads/Flavors/Desserts of the World  Idea Studio Printing Press Club  Yarn Crafters  Memory cafe by the Alzheimer’s Association  Technology series presented by the assisted living group  Annual display from ASTOP  Pizza Contest with Teens & Local Pizza Restaurants  “FDL Says No More” Teal Tables from ASTOP Community Partnerships  Warming shelter with Salvation Army  Fond du Lac Literacy relationship  FDL Historical Society  Books to Buses  Divers Art Gallery  Marion University History program  UW-Extension (Money Smart Week, Rent Smart, etc)  Local Money Smart Week partners, including Consumer Credit Counselors, National Exchange Bank and Trust, Horicon Bank, FDL Credit Union, FABOH-FDL Area Businesses on Health, etc.  Agnesian/SSM  Artist in Residence  FDL Visual Arts  Job Center / Opportunity Center Community Partnerships

 FDL Genealogy Society  Ebony Vision  Affiliated Groups Initiative  Downtown FDL Partnership  Envision Greater FDL  Salvation Army  FDL School District  FCEDC Grant partnership More Investment Results

 Express Branch @ Johnson Crossing  Active support for Literacy Services Organization  4 Meeting rooms available to public  Homebound Delivery  Langdon Divers Art Gallery  Bilingual Storytime  History At Home program series  “Book A Librarian”  Day and evening preschool storytimes  Genealogy services  Free Wi-Fi 2019 2020

COVID-19

2021 Operating Budget  No major changes in services, personnel, or programs  City’s allocation will allow us to keep in alignment with City on wages, health costs, etc. 2021 C.I.P. Requests

 None for 2021  Requests in 2016, 2017, and 2018 fulfilled major capital issues Future Budget Challenges  Building  Roof (Replacement earmarked for CIP 2022)  Lighting (LED Study Underway)  Public Restrooms (Touchless Fixtures)  Furniture (Children’s room replaced 2019)  Technology demands from public  Increased prices for materials, supplies, and contracted services  Multi-format support (Book, Audio Book, E-Book)  Keeping up with our success Thank You! (Questions? Guidance?)