common council meeting agenda - city of waupaca

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CITY OF WAUPACA MISSION STATEMENT: “The city of Waupaca’s mission is to lead creatively, plan wisely and spend prudently to provide the services that ensure a safe and vibrant community.” 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REPORT FROM CLERK ON OPEN MEETING LAW COMPLIANCE 4. ROLL CALL 5. CONSENT AGENDA All items listed below are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or City staff so requests it, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Regular Agenda. The items selected for the Consent Agenda are as follows: Regular and Special Meeting Minutes, Monthly Income Report for the Parks and Recreation Department, Airport Hangar Reports, Monthly Department Head Reports, Payrolls and Bills, Quarterly Weights and Measures Reports, Quarterly Room Tax Reports, project invoices for projects previously approved by City Council, any low bid budgeted operating or capital expenditure under $25,000 approved by the appropriate Board or Committee and any expenditure of non-city funds that received a unanimous recommendation. A. PAY REQUESTS AND CHANGE ORDERS, INVOICES FOR PROJECTS/CONTRACTS HAVING PRIOR COUNCIL APPROVAL AND ANY OTHER INVOICES THAT MAY COME BEFORE THE COUNCIL: none B. MONTHLY/QUARTERLY/ANNUAL REPORTS: none C. APPROVAL OF BILLS – CITY GENERAL, WATER, SEWER, AND SPECIAL FUNDS D. MEETING MINUTES: 1. WAUPACA HISTORICAL SOCIETY Minutes of a Regular Meeting on January 2, 2020 2. HISTORIC PRESERVATION COMMISSION Minutes of a Regular Meeting on February 24, 2020 3. COUNCIL PROCEEDINGS Minutes of a Regular Meeting on February 4, 2020 6. REGULAR AGENDA COMMON COUNCIL MEETING AGENDA CITY OF WAUPACA REGULAR MEETING TUESDAY MARCH 3, 2020 COUNCIL CHAMBERS, CITY HALL 6:00 P.M.

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CITY OF WAUPACA MISSION STATEMENT: “The city of Waupaca’s mission is to lead creatively, plan wisely and spend prudently to provide the services that ensure a safe and vibrant community.”

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. REPORT FROM CLERK ON OPEN MEETING LAW COMPLIANCE

4. ROLL CALL

5. CONSENT AGENDA All items listed below are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or City staff so requests it, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Regular Agenda. The items selected for the Consent Agenda are as follows: Regular and Special Meeting Minutes, Monthly Income Report for the Parks and Recreation Department, Airport Hangar Reports, Monthly Department Head Reports, Payrolls and Bills, Quarterly Weights and Measures Reports, Quarterly Room Tax Reports, project invoices for projects previously approved by City Council, any low bid budgeted operating or capital expenditure under $25,000 approved by the appropriate Board or Committee and any expenditure of non-city funds that received a unanimous recommendation.

A. PAY REQUESTS AND CHANGE ORDERS, INVOICES FOR PROJECTS/CONTRACTS HAVING PRIOR COUNCIL APPROVAL AND ANY OTHER INVOICES THAT MAY COME BEFORE THE COUNCIL: none

B. MONTHLY/QUARTERLY/ANNUAL REPORTS: none C. APPROVAL OF BILLS – CITY GENERAL, WATER, SEWER, AND

SPECIAL FUNDS D. MEETING MINUTES:

1. WAUPACA HISTORICAL SOCIETY • Minutes of a Regular Meeting on January 2, 2020

2. HISTORIC PRESERVATION COMMISSION • Minutes of a Regular Meeting on February 24, 2020

3. COUNCIL PROCEEDINGS • Minutes of a Regular Meeting on February 4, 2020

6. REGULAR AGENDA

COMMON COUNCIL MEETING AGENDA

CITY OF WAUPACA

REGULAR MEETING

TUESDAY MARCH 3, 2020

COUNCIL CHAMBERS, CITY HALL

6:00 P.M.

2

` 7. NON-AGENDA ITEMS AND ANNOUNCEMENTS

A) ANNOUNCEMENTS AND CORRESPONDENCE: 1. Presentation on Great Neighbor Shout-Out by Julie Filapek, Goodwill NCW/Neighborhood

Partners

B) PUBLIC INPUT

8. UNFINISHED BUSINESS: a. Ordinance No. 01-2020, An Ordinance to Amend the City of Waupaca Year 2030

Comprehensive Plan (2nd Reading) – Justin Berrens, Public Works Director b. Rezoning - City of Waupaca, Michigan Street and Harding Street – Ordinance No. 02-2020, An Ordinance Amending Section 17.201(2) of Chapter 17 of the Municipal Code of the City of Waupaca Entitled “Amendments to District Maps” (2nd Reading) – Justin Berrens, Public Works Director

9. NEW BUSINESS:

a. Ordinance No. 03-2020, An Ordinance under City of Waupaca Chapter 12 – Licenses and Permits Creating Chapter 12.27 Providing for the Regulation of Mobile Food Establishments (1st Reading) – Andrew Whitman, Parks and Recreation Director

b. Swan Park Concession Shingle Replacement – Andrew Whitman, Parks and Recreation Director c. Mandatory Upgrade for Fuel Farm Terminal at Waupaca Municipal Airport – Kathy Kasza,

Finance Director/Treasurer d. Covered Bridge Lift Station (LS) Backup Generator – Justin Berrens, Public Works Director

e. License Report No. 1493, Operator’s Licenses - Sandy Stiebs, City Clerk

10. ISSUES/PROJECT DISCUSSION (30 MINUTE MAXIMUM) – NO ACTION REQUIRED: none

11. COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR

12. ADJOURNMENT

/s/ Mayor Brian Smith

PLEASE NOTIFY THE CLERK’S OFFICE IF YOU ARE UNABLE TO ATTEND. PLEASE ADVISE THE CITY CLERK’S OFFICE IF YOU REQUIRE SPECIAL ACCOMMODATIONS. THE CITY OF WAUPACA PROVIDES EQUAL OPPORTUNITIES FOR PUBLIC MEETINGS.

WAUPACA HISTORICAL SOCIETY MINUTES JANUARY 2, 2020

President, Dennis, called the meeting to order at 5:15 pm. Roll call present: Dennis Lear, Marge Writt, Jeff and Nancy Weasner, Tracy Berendt, Brian Godfrey, Mike Kirk & Betty Stewart. Excused absences: Ron Arthur, Kent Pegorsch, Ashlie Buck, Tim Drake & Lori Chesnut

Review of October Board Minutes. Nancy motioned approval of October Minutes, Marge 2nded; all approved. Review of November Minutes – Add into Depot Report that “ Mike & Brett Peterson have been painting the caboose” ; Nancy motioned approval, Brian 2nded; all approved.

Agenda OK.

REPORTS: Treasury’s balances: Holly Center $20,938.23…Depot $40,532.62. No other report as the Treasurer is absent.

Director & HH Curator Reports: See printed report.

Depot Report by Mike: Depot documentary is ongoing. Mike Kohler donated a piano roller by Eddy Hanson. We have been working every spare moment on the basement floor (w/Armory flooring) with Brian Godfrey and Lane Streck – these need cleaning & sanding before installing. Santa (by Cody) was at the Depot for about 30 visitors. A U.S. RR framed map was given to us. The virtual railcam sometimes does not work properly. The model RR Club will meet at the Depot. The Holly Center outdoor pump is not working because of the heavy rains. Need to purchase another pump w/float; Nancy motioned we spend up to $300. Brian seconded; all approved.

UNFINISHED BUSINESS: None

NEW BUSINESS: Wesley had to install a new part for the HH heater. For a new furnace it might cost $4,000. The present heater was installed in 1991. Temp. kept at 61 degrees at HH. Put need for a new heater in the Newsletter.

Charter Spectrum – from Waupaca online – cost same $64.99 with phone included. Brian motioned we change since price is same, Nancy 2nded; all approved.

Fee waiver requests: Trinity Lutheran Church and Urban Sketch Troup = Betty motioned approvals, Brian 2nded, all approved.

Dennis motioned we adjourn, Brian 2nded, all approved.

Betty Stewart, Recording Secretary

CITY OF WAUPACA HISTORIC PRESERVATION COMMISSION

REGULAR MEETING MONDAY, FEBRUARY 24, 2020 COUNCIL CHAMBERS, CITY HALL 5:15 P.M. Present: Commissioners Scott Christie, Chairperson, Autumn Heisler, Youth Representative, Ashlie Buck, Claudia Krumsee, Faye Wilson and Ald. Lori Chesnut Absent: Comm. Parker Spratlin (unexcused) Also Present: none 1. APPROVE THE AGENDA MOVED by Comm. Krumsee, SECONDED by Comm. Wilson to APPROVE the Agenda as presented. 6 ayes, 0 nays, 1 absent. MOTION CARRIED ON A VOICE VOTE. 2. UPDATE ON DANES HALL STATE AWARD APPLICATION AND DISCUSSION FOR LOCAL

REGISTER PLAQUE FOR DANES HALL Chairperson Scott Christie updated the commission on the Danes Hall state award application and felt that they have a good chance of receiving the state award. Comm. Buck said that she provided excellent pictures of the pre and post restoration of the Danes Hall and could only choose 10 pictures to send to the state for consideration. Chairperson Scott Christie added that he would like to nominate the Danes Hall to the Local Historical Registry and has prepared the preliminary paperwork involved to complete the process. The next step is to have a Public Hearing at the next Historic Preservation Commission meeting on March 23, 2020 where the Commission will approve a Resolution, which will be recorded at the Waupaca County Register of Deeds Office and then the property owners will receive a bronze plaque to place on the outside of the building. Chairperson Christie said that the Commission will need a quorum for the meeting and urged all members to be present at the next meeting. 3. NEW BUSINESS DISCUSSION Chairperson Christie reported that the Stiebs/Hansen Garage located on Jefferson Street has been sold and there was discussion on the possibility of including that building on the Local Historic Registry as well. He encouraged the commissioners to attend the meeting on March 16, 2020 at the Danes Hall to discuss city sidewalks. 4. SET NEXT MEETING DATE MONDAY MARCH 23, 2020 The next Historic Preservation Commission date is set for Monday March 23, 2020. 5. ADJOURNMENT MOVED by Comm. Krumsee, SECONDED by Comm. Buck to ADJOURN the February 24, 2020 Historic Preservation Commission Regular Meeting. 6 ayes, 0 nays, 1 absent. MOTION CARRIED ON A VOICE VOTE. Meeting adjourned at 5:47 p.m. Scott Christie, Chairperson Historic Preservation Commission ss

CITY OF WAUPACA COUNCIL PROCEEDINGS

REGULAR MEETING TUESDAY FEBRUARY 4, 2020 COUNCIL CHAMBERS, CITY HALL 6:00 P.M. 1. CALL TO ORDER

Pursuant to regulations, the Common Council of the city of Waupaca met on the above date and time. 2. PLEDGE OF ALLEGIANCE

3. CLERK TO READ OPEN MEETING STATEMENT Sandy Stiebs, City Clerk stated this meeting and all other meetings of the Common Council are open to the public. Proper notice has been posted and given to the Media, in accordance with Wisconsin State Statutes so that the citizens may be aware of the time, place, and agenda of this meeting.

4. ROLL CALL Present: Mayor Brian Smith, Alderpersons Steve Hackett, Lori Chesnut, Paul Hagen, Alan Kjelland, Scott Purchatzke, Dave Peterson, Paul Mayou, Dmitri Martin, Mary Phair and Eric Olson Absent: none

A quorum was declared.

Also Present: Aaron Jenson, City Administrator, Sandy Stiebs, City Clerk, Kathy Kasza, Finance Director/Treasurer, Peg Burington, Library Director, City Attorney Tom Hart, Justin Berrens, Public Works Director, Andrew Whitman, Parks and Recreation Director, Chief Brian Hoelzel and Josh Werner, IT Community Media Director

5. APPROVAL OF CONSENT AGENDA All items listed below are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member or City staff so requests it, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Regular Agenda. The items selected for the Consent Agenda are as follows: Regular and Special Meeting Minutes, Monthly Income Report for the Parks and Recreation Department, Airport Hangar Reports, Monthly Department Head Reports, Payrolls and Bills, Quarterly Weights and Measures Reports, Quarterly Room Tax Reports, Second Reading of Ordinances, if received a unanimous recommendation at the previous meeting, project invoices for projects previously approved by City Council, any low bid budgeted operating or capital expenditure under $25,000 approved by the appropriate Board or Committee and any expenditure of non-city funds that received a unanimous recommendation.

A) PAY REQUESTS AND CHANGE ORDERS, INVOICES FOR PROJECTS/CONTRACTS HAVING PRIOR COUNCIL APPROVAL AND ANY OTHER INVOICES THAT MAY COME BEFORE THE COUNCIL: none

Council Proceedings February 4, 2020

B) MONTHLY/QUARTERLY/ANNUAL REPORTS: none C) APPROVAL OF BILLS – CITY GENERAL, WATER, SEWER, AND

SPECIAL FUNDS D) MEETING MINUTES:

1. WAUPACA AREA PUBLIC LIBRARY BOARD • Minutes of a Regular Meeting on January 15, 2020

2. SENIOR CENTER ADVISORY BOARD • Minutes of a Regular Meeting on January 21, 2020

3. AIRPORT BOARD • Minutes of a Regular Meeting on January 22, 2020

4. COUNCIL PROCEEDINGS • Minutes of a Regular Meeting on January 7, 2020

Under Number 5 Consent Agenda, Letter C, Approval of Bills was uploaded to the city website.

MOVED by Ald. Kjelland, SECONDED by Ald. Martin, Council APPROVES of the Consent Agenda as amended. 10 ayes, 0 nays, 0 absent. MOTION CARRIED ON A VOICE VOTE.

6. REGULAR AGENDA

MOVED by Ald. Olson, SECONDED by Ald. Chesnut, Council APPROVES of the Regular Agenda as printed. 10 ayes, 0 nays, 0 absent. MOTION CARRIED ON A VOICE VOTE.

7. NON-AGENDA ITEMS AND ANNOUNCEMENTS A. ANNOUNCEMENTS AND CORRESPONDENCE: none

B. PUBLIC INPUT - NON AGENDA ITEMS:

1. Bret Gehring, N2718 Duvenick Lane, Waupaca, WI spoke against the city’s smoking ban in all city parks.

8. UNFINISHED BUSINESS: none 9. NEW BUSINESS:

a. Work with Gappa Security Solutions to Update the Police Department Access Control System – Josh Werner, IT Community Media Director

Josh Werner, IT Community Media Director explained that over the years there have been issues with the security systems at the Waupaca Police Department ranging from obsolete software to expensive upgrades. Mr. Werner sought three quotes and is recommending the city enter into a contract with Gappa Security Solutions (Infinias) for the cost of $13,565 adding that this is the same vendor and system utilized at City Hall/Library and the Recreation Center.

MOVED by Ald. Kjelland SECONDED by Ald. Chesnut, Council APPROVES of Working with Gappa

Security Solutions and converting the Police Department to an Infinias System at a cost not to exceed $13,565 ON A CALL OF THE ROLL Ald. Olson, Ald. Mayou, Ald. Chesnut, Ald. Phair, Ald. Kjelland, Ald. Martin, Ald. Hagen, Ald. Peterson, Ald. Hackett and Ald. Purchatzke voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE.

Council Proceedings February 4, 2020

b. Affidavit of Correction – Easement Elimination Industrial Drive to Wendt Drive – Justin Berrens, Public Works Director

Public Works Director Justin Berrens explained that the city has been working with Presto Products Co. to accommodate an expansion project to the north and bring a spur line from the Canadian National (CN) mainline. The City’s Board of Appeals granted a rear-yard setback variance that reduced the setback requirement from 30 feet to 4 feet and a review of the land use records show a City controlled easement running parallel to the CN mainline. It is understood that this easement was for future consideration of sewer, water, and to allow other private utilities to service more properties in the Industrial Park. It was determined that all existing utilities have the ability to provide service to current and future properties in this area and private utilities were also notified to ensure that no existing lines or future needs existed in that area. The city staff has determined there is no longer a need for this easement feel that and it should be removed to allow for the potential Presto Products Co. project. The Affidavit of Correction would effectively remove the existing easements and he is requesting the Council approve the recording of the Affidavit of Correction.

MOVED by Ald. Peterson, SECONDED by Ald. Hackett, Council APPROVES of recording the Affidavit of Correction thereby eliminating Public Utility Easements from Industrial Drive to Wendt Drive. ON A CALL OF THE ROLL Ald. Hackett, Ald. Chesnut, Ald. Hagen, Ald. Kjelland, Ald. Purchatzke, Ald. Peterson, Ald. Mayou, Ald. Martin, Ald. Phair and Ald. Olson voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE. c. Real Estate Acquisition for Main Street

Public Works Director Justin Berrens explained that up to $70,000 was budgeted to cover the cost of land acquisitions for the Main Street construction project which included a contract amendment to SEH in an amount of $17,450 and a new contract to Right of Way Professionals in an amount of $32,300, the remainder was for land acquisition costs and contingency of $20,250. The city has followed through with those contracts and are ready to start negotiating for the land acquisitions. The project will require 51 temporary limited easements (TLE) and 3 Warranty Deed transactions and added that the TLE’s are only needed for the construction and once the work is completed, the easements will dissolve. The Warranty Deeds are required to convey a Right-of-way (ROW), meaning that the city is acquiring additional property including a part of the City Hall property located at 111 S. Main Street, which will require a Council approved Resolution. MOVED by Ald. Martin, SECONDED by Ald. Kjelland, Council APPROVES of the Nominal Payment Parcel Report (NPPR); Sales Study, Plat Map and Relocation Order AND Approves the cost for real estate acquisitions in an amount not to exceed $10,000, contingent upon the Department of Transportation DSR approval. ON A CALL OF THE ROLL Ald. Olson, Ald. Phair, Ald. Martin, Ald. Mayou, Ald. Peterson, Ald. Purchatzke, Ald. Kjelland, Ald. Hagen, Ald. Chesnut and Ald. Hackett voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE. d. Renew Agreement for Technical Services with Strand Associates – Justin Berrens, Public Works Director Public Works Director Justin Berrens said the city utilizes Strand Associates for predevelopment site plan review. This practice was first implemented at the beginning in 2018 with council approving going into this contract with Strand at the February 6, 2018 meeting where a 5-year renewal was approved. Mr. Berrens is suggesting that Council approve Amendment No. 1 to Agreement for technical services, which extends the contract for the years 2020-2024.

Council Proceedings February 4, 2020

MOVED by Ald. Hackett, SECONDED by Ald. Purchatzke, Council APPROVES the Amendment No. 1 to Agreement for Technical Services and Extending the Contract effective for the years 2020, 2021, 2022, 2023 and 2024 with Strand Associates. ON A CALL OF THE ROLL Ald. Purchatzke, Ald. Hackett, Ald. Kjelland, Ald. Olson, Ald. Hagen, Ald. Martin, Ald. Mayou, Ald. Phair, Ald. Peterson and Ald. Chesnut voted aye, 0 nays and 0 absent. MOTION CARRIED ON A ROLL CALL VOTE. e. Senior Center Kitchen Upgrade – Andrew Whitman, Parks and Recreation Director Parks and Recreation Director Andrew Whitman said that updating the existing kitchen space in the Senior Center has been discussed and planned for the past 5+ years, and that currently the Senior Center Donation Fund has a balance of $19,945.66. They have had multiple fundraisers planned again this year to continue to grow and add to that balance. Mr. Whitman is requesting the ability to spend up to $18,000 out of the Senior Center Donation Fund to update the kitchen space in the Senior Center. MOVED by Ald. Phair, SECONDED by Ald. Peterson, Council APPROVES of the Proposed Senior Center Upgrade Project with Funds coming from the Senior Center Donation Fund in the amount not to exceed $18,000. ON A CALL OF THE ROLL Ald. Hackett, Ald. Chesnut, Ald. Hagen, Ald. Kjelland, Ald. Purchatzke, Ald. Peterson, Ald. Mayou, Ald. Martin, Ald. Phair and Ald. Olson voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE. f. Purchase 2020 Mini-Van for Waupaca Taxi – Kathy Kasza, Finance Director/Treasurer Finance Director/Treasurer Kathy Kasza said that the approved 2020 Capital Improvement budget included the purchase of a rear load accessible mini-van. The City applied for WDOT grants for the purchase of the vehicle and was recently awarded grant funds in the amount of $32,000 towards the purchase of the replacement of a mini-van under the 2020 grant. The vehicle to purchase is a rear-loading accessible mini-van using the city’s 2020 grant contract to replace one of the poor condition vehicles in the inventory. The grant recognizes a total cost up to $40,000 for the vehicle with 80% of the cost being covered by the transit capital grant funds with the city’s 20% share totaling $7,590 from the State approved vendor Ewald Automotive Group. MOVED by Ald. Chesnut, SECONDED by Ald. Hackett, Council APPROVES the Purchase of a 2020 rear-loading Accessible Mini-van from Ewald Automotive Group, Hartland, WI in the amount of $37,949 using 2020 WI DOT Capital Grant Funds using a 1-year Note in the Capital Budget with the City’s Share Base Vehicle (20%) for $7,590. ON A CALL OF THE ROLL Ald. Olson, Ald. Phair, Ald. Martin, Ald. Mayou, Ald. Peterson, Ald. Purchatzke, Ald. Kjelland, Ald. Hagen, Ald. Chesnut and Ald. Hackett voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE. g. License Report No. 1488, Operator’s Licenses – Sandy Stiebs, City Clerk MOVED by Ald. Hagen, SECONDED by Ald. Chesnut Council APPROVES of License Report No. 1488, Operator’s Licenses, pending background check and payment of money owed to the city. 10 ayes, 0 nays, 0 absent. MOTION CARRIED ON A VOICE VOTE. The time into Closed Session is 6:48 p.m. 10. Motion to Convene into Closed Session Pursuant to Wisconsin State Statute 19.85(1)(c) Considering Employment, Promotion, Compensation or Performance Evaluation Data of any Public Employee over which the Governmental Body has Jurisdiction or Exercises Responsibility AND 19.85(1)(f) Considering Financial, Medical, Social or Personal Histories or Disciplinary Data of Specific Persons, Preliminary Consideration of Specific Personnel Problems or the Investigation of Charges against Specific Persons

Council Proceedings February 4, 2020

except where par. (b) applies which, if discussed in Public would be likely to have a Substantial Adverse effect upon the Reputation of any Person referred to in such Histories or Data, or involved in such problems or investigations MOVED by Ald. Hagen, SECONDED by Ald. Kjelland, Council CONVENES into Closed Session Pursuant to Wisconsin State Statute 19.85(1)(c) Considering Employment, Promotion, Compensation or Performance Evaluation Data of any Public Employee over which the Governmental Body has Jurisdiction or Exercises Responsibility AND 19.85(1(f) Considering Financial, Medical, Social or Personal Histories or Disciplinary Data of Specific Persons, Preliminary Consideration of Specific Personnel Problems or the Investigation of Charges against Specific Persons except where par. (b) applies which, if discussed in Public would be likely to have a Substantial Adverse Effect upon the Reputation of any Person referred to in such Histories or Data, or involved in such problems or investigations. ON A CALL OF THE ROLL Ald. Chesnut, Ald. Hackett, Ald. Peterson, Ald. Purchatzke, Ald. Olson, Ald. Phair, Ald. Kjelland, Ald. Mayou, Ald. Martin and Ald. Hagen voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE. The Time into Open Session is 7:00 p.m. 11. Motion to Reconvene into Open Session for Possible Action from Matters Discussed in Closed Session MOVED by Ald. Peterson, SECONDED by Ald. Hackett, Council RECONVENES into Open Session for Possible Action from Matters Discussed in Closed Session. 10 ayes, 0 nays, 0 absent. MOTION CARRIED ON A VOICE VOTE.

MOVED by Ald. Mayou, SECONDED by Ald. Purchatzke Council APPROVES of the Modified Agreement between the City of Waupaca and Attorney Tom Hart, Hart Law Office. ON A CALL OF THE ROLL Ald. Olson, Ald. Mayou, Ald. Purchatzke, Ald. Chesnut, Ald. Hackett, Ald. Hagen, Ald. Kjelland, Ald. Peterson, Ald. Martin and Ald. Phair voted aye, 0 nays, 0 absent. MOTION CARRIED ON A ROLL CALL VOTE 12. ISSUES/PROJECT DISCUSSION (30 MINUTE MAXIMUM) – NO ACTION REQUIRED: none 13. COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR Mayor Smith reminded Council that the next meeting has been rescheduled for Wednesday February 19, 2020 and informed the Council that he will be out of town on March 3, 2020 Council meeting and added that Council President Paul Mayou will be chairing that Council Meeting. 14. ADJOURNMENT MOVED by Ald. Hagen, SECONDED by Ald. Kjelland, Council ADJOURNS until the next Rescheduled Regular Council Meeting on Wednesday February 19, 2020, subject to call. 10 ayes, 0 nays, 0 absent. MOTION CARRIED ON A VOICE VOTE.

MEETING ADJOURNED AT 7:03 P.M. Mayor Brian Smith ss

ORDINANCE NO. 01-2020

AN ORDINANCE TO AMEND THE CITY OF WAUPACA

YEAR 2030 COMPREHENSIVE PLAN

The Common Council of City of Waupaca, Waupaca County, Wisconsin, does ordain as follows:

SECTION 1: Pursuant to section 62.23(2) and 66.1001(4) of the Wisconsin Statutes, the City of Waupaca is authorized to amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in greater detail.

SECTION 2: The City of Waupaca Plan Commission, by a majority vote of the entire commission recorded in its official minutes, has adopted Resolution #1446 recommending the Common Council adopt the proposed amendments to the City of Waupaca Year 2030 Comprehensive Plan by ordinance.

SECTION 3: The City has held at least one public hearing on this ordinance, in compliance with the requirements of section 66.1001(4)(d) of the Wisconsin Statutes.

SECTION 4: The Common Council of the City of Waupaca, following a public hearing held on February 19, 2020 for the proposed amendment recommended by the Planning Commission in Res. #1446 (amendment to the Preferred Land Use Map to parcels of land located in part of the Southwest Quarter of the Northeast Quarter of Section 29, Town 22 North, Range 12 East, City of Waupaca, Waupaca County, Wisconsin, Parcel No 34-29-71-26 and part of 34-29-71-25), has approved the amendment to be included in this ordinance by a majority vote of the entire Council recorded in its official minutes.

SECTION 5: The Common Council of the City of Waupaca, Waupaca County, Wisconsin, does, by enactment of this ordinance, formally adopt the amendment to the original document, "City of Waupaca Year 2030 Comprehensive Plan" pursuant to section 66.1001(4)(c) of the Wisconsin Statutes.

SECTION 6: Any amendment to the Comprehensive Plan shall have the same force and effect as the original adopted plan of October 2007.

SECTION 7: This ordinance shall take effect upon passage by a majority vote of the members-elect of the Common Council and publication/posting as required by law.

Adopted this _____ day of ___________, 2020.

Motion for adoption moved by: ________________________ Motion for adoption seconded by: ________________________ Voting Aye: _____ Voting Nay:_____

Published/Posted on: _______________, 2020.

_____________________________________ Mayor

ATTEST:

__________________________________________ City Clerk

City of WAUPACA

Con:niiniti7 & Econcirruc Dso.i=lopm=rit Departinent:

Meeting Date: February 5, 202 €)

PLAN COMMISSION REPORT

Proposal: Amendments to District Maps l Zoning Change

Description: Request by City of Waupaca for zoning change.

Applicant(s): City of Waupaca

Address(es): Harding Street and Michigan Street

Owner(s): City of Waupaca

Parcel Number(s): 34 29 71 25 and 34 29 71 26

Size of

Proposed Area: 13.805 acres

Current Zoning

District(s) : RC Resource Conservation

Proposed Zoning

District(s): PUL Public Facility and Utility Lands District

Surrounding Zoning

and Land Use(s):

Rl Single Family Residence District, residential homes; B3 General Commercial BusinessDistrict and B5 Planned Commercial District, commercial businesses;

RC Resource Conservation District and AG Agricultural District, vacant land & golf course

Wetlands: [1 YeS € NO Floodplain: (J Yes € No

Background:

The subject properties are currently owned by the City of Waupaca and occupied by Lakeman Field, the vacant Habercorn Field once

owned by the Waupaca School District and the City of Waupaca Water Department and storage area.

Staff has been working on a project to construct a salt shed. During staff review of the building permit application it was identified

that the property is currently zoned RC Resource Conservation District which does not allow for the building ofthe salt shed. Further

it was determined that the existing uses of the subject properties are legal non-conforming uses.

The current uses are in conflict with the RC district and therefore the rezoning to the PUL district would bringthe athletic field as well

as the public works building into compliance.

Neither floodplain nor wetlands will have an impact to the proposed improvements, therefore no conflict exists with the proposed

change.

Options/Alternatives: The Plan Commission haS the discretion tO approve the Ordinance aS presented, approve With specifiedconditions (provisional rezone approvall or disapprove the Ordinance.

gity of Waupaca Plan Commission Report Meeting Date: February 5, 2020

Suggested

Motion: That the Plan Commission recommends approval of Ordinance 02-2020 and therefore directs the

application to the City of Waupaca Common Council for consideration.

Respectfully submitted:

Community and Economic Development Staff

REZONE PETITION

CITY OF WAUPACA, WISCONSIN

Please note the petitioner shall complete all items in red. The City shall not accept an incomplete

application. All Special Use Applications shall be filed by 4:00 p.m. four weeks prior to the Plan

Commission at which the Public Hearing is to be scheduled. Please see Plan Commission schedule to

confirm submission date.

SUBJECT PARCEL

AddreSS: 500 Harding Street and Michigan Street parcel (no address)

73g [(3y; 34 29 71 25 and 34 29 7126 2@(lil'lg; RC Resource Conservation District

The undersigned, does hereby respectfully petition the City of Waupaca to amend the district map of

the Zoning Code of the City of Waupaca, adopted September 6, 1966, pursuant to Section 62.23 of

Wisconsin Statues.

The Petitioner iS requesting O reZone 13.805 acres acres located at

HardinH Street and Michi@an Street from RC Resource Conservation zQning

district to PUL Public Facility and Utility Lands District zQning diStriCt. The reason far the rezoning

7BqH(351 j5 i@ facility the construction of a Public Works salt shed and eventual construction of a public works facility.

I understand that it is my responsibility to provide the following information as well as any additional

information, if necessary, in accordance with Section 17.203 of the City of Waupaca Zoning Code.

PETITIONER: The following are to be provided at the time of submission in accordance with the

requirements of Section 17.203 of the City of Waupaca Zoning Code:

2 Copies of the current stampe6 paper survey (graphic) and electronic copy (pdf file) illustrating

ga boundary and acreage to be rezoned, with a metes and bounds description of each proposedzoning district.

[2 0necopyofthesurveyonaCD(usePDFformat).

111 S. Main Street

Waupaca, Wl 54981 RZ -

Typed narrative outlining all potential commercial and/or industrial uses (for

commercial/business park/industrial rezone applications).

€ Photos illustrating existing condition of property.

€ 9350.00applicationfeepayabletotheCityofWaupaca.

PropertyOwner Owner'sAgent

%,yyl(CityofWaupaca Name

Signature Signature

AddreSS 111 S Main Street AddreSS

Ci'y Waupaca State WI Zip %54981 City State - Zip

Phone (715)258-4420 Phone

Fax Fax

*The current property owner shall acknowledge a Rezone Petition on behalf of an agent (i.e., prospective

buyer) prior to submission of the petition.

(For Office Use Only)

Date Filed: 01/03/2020

Fee: s-lqo.oo

Receipt No: FEE WAIVED

111 S. Main Street

Waupaca, Wl 54981

RZ -

Revised 01/2016

Legal Description

A parcel of land located in part of the Southwest Quarter of the Northeast Quarter of Section 29, Town

22 North, Range 12 East, City of Waupaca, Waupaca County, Wisconsin, more fully described as follows:

Commencing at an Existing MAG Nail at the North Quarter Corner of Section 29, Town 22 Nofh, Range

12 East. Thence South 89 degrees 15 minutes 02 seconds East, along the North Line of the Northeast

Quarter of said Section 29, a distance of 668.79 feet to a Point. Thence South 00 degrees 44 minutes 58

seconds West, a distance of 1725.26 feet to a Set % inch Rebar. Said Set % inch Rebar being the Point of

Beginning.

Thence South 89 decrees 31 minutes 39 seconds East, a distance of 192.71 feet to an Existing % inchRebar; Thence North 00 degrees 40 minutes 33 seconds East, a distance of 16.00 feet to an Existing %

inch Rebar; Thence South 89 degrees 31 minutes 39 seconds East, a distance of 508.00 feet to an

Existing 1 inch Iron Pipe; Thence South 01 degrees 02 minutes 13 seconds West, a distance of 545.00

feet to an Existing 2 inch Iron Pipe; Thence North 89 degrees 31 minutes 39 seconds West, a distance of

138.08 feet to a Set % inch Rebar; Thence North 01 degrees 02 minutes 13 seconds East, along an East

Right of way Line of Hardin@ Street, a distance of 66.00 feet to a Point; Thence North 89 decrees 31minutes 39 seconds West, alon@ a North Right of way Line of said HardinB Street, a distance of 114.85feet to a Set % inch Rebar; Thence South 00 degrees 17 minutes 51 seconds West, along a West Right of

way Line of said Harding Street, a distance of 255.80 feet to an Existing MAG Nail; Thence North 89

degrees 29 minutes 51 seconds West, along a North Right of way Line of Michigan Street, a distance of

798.04 feet to a Set % inch Rebar; Thence North 00 degrees 34 minutes 32 seconds East, along an East

Right of way Line of Harriet Street, a distance of 418.76 feet to a Set % inch Rebar; Thence South 88

degrees 19 minutes 21 seconds East, along a South Right of way Line of Wells Street, a distance of

159.29 feet to a Set % inch Rebar; Thence South 89 degrees 30 minutes 48 seconds East, along said

South Right of way Line of said Wells Street, a distance of 193.06 feet to a Set % inch Rebar; Thence

North 00 degrees 40 minutes 33 seconds East, along an East Right of way Line of said Wells Street and

along the East Line of Certified Survey Map Number 3310 as Recorded in Volume 10 on page 176 in the

Office of the Waupaca County Register of Deeds, a distance of 303.00 feet to the point of beginning.

Subject to any and all Easements and/or Deed Restrictions of Record.

CERTIFIED SURVEYMAP NUMBER

VOLUME PAGEBEING ALL OF CSM # 6008-21 -9; ALL OF BLOCKS 3, 4, 5, AND 6; PART OFBLOCK 7; PART OF THE VACATED HARDING, STEWART, BUTTON, AND

'flELlS 8 TREETS; ALL OF'n4E PLATTED AND UNINIPROVED RIVERSTREET OF THE STEWART TRACTOR COMPANY'S FIRST ADDITION TOTHE CITY OF WAUPACA AND LOCATED IN PART OF THE SW U4 0F THENE 1/4 0F SECTION 29, TOWN 22 NORTH, RANGE 12 EAST; IN THE ClrY

THIS INSTRUMENT DRAFTED BY WAUPACA LAND SURVEYING

MARK R, CARLOVSKY - PROFESSIONAL LAND SURVEYOR # 2303

E 2613 SOuTHWOOD DRIVE

WAUPACA, WISCONSIN 549EH

(715) 258-9942

[email protected]

SHEET 1 0F 3

JOB NUMBER : 2019-071

CERTIFIED SURVEY MAP NUMBER

VOLUME PAGE

SURVEYOR'S CERTIFICATE :

I, Mark R. Carlovsky, Wisconsin Professional Land Surveyor, hereby certify;

That under the direction of the City of Waupaca, Wisconsin I have surveyed, monumented, and mapped the lands as

shown hereon. Said lands being all of Certified Survey Map Number 6008 as recorded in Volume 21 on page 9 in the Office

of the Waupaca County Register of Deeds; all of Blocks 3, 4, 5, and 6; part of Block 7; part of the Vacated Haring, Stewart,

Sutton, and Wells Streets; all of the Platted and Unimproved River Street of the Stewart Tractor Company's First Addition to

the City of Waupaca and located in part of the Southwest Quarter of the Northeast Quarter of Section 29, Town 22 Nofh,

Range 12 East, in the City of Waupaca, Waupaca County, Wisconsin and bounded as follows;

Commencing at an Existing MAG Nail at the North Quarter Corner of Section 29, Town 22 North, Range 12 East.

Thence S 89a 1 5' 02" E, along the North Line of the Northeast Quarter of said Section 29, a distance of 668.79 feet to a Point.Thence S 00a 44' 58" W, a dis(ance of 1725.26 feet to a Set 3/4" Rebar.

Said Set 3/4" Rebar being the Point of Beginning.

Thence S 89o 31' .Y)" E, along a North Line of said Addition, a distance of 192.71 feet to an Existing 3/4" Reber;

Thence N DO" 40' 33' E, along e North Line of said Addrfion, a drstance of 16.00 feet fo an ExisUng 3/4" Rebar;

Thence S 89a 31' 39' E, along a North Line of said Addrtron, a distance of 508.00 feet to an Existrng 1" Iron Pipe;

Thence S 01 " 02' 13' W, along a East Line of said Additron, a distance of 545.00 feet to an Existing 2" Iron Pipe;

Thence N 89o 31' 39' W, along a South Lrne of said AddRion, e drstance of 138.08 feet ko a Set 3/4" Rebar;

Thence N 01 a 02' 13' E, along e East Right of way Line of Harding 8dreet, a distance of 66.00 feet to a Porrd;

Thence N 8r 31' 39" W, along a North Rigtd of way Line of said Hardrng Street, a distance of 114.85 feet toa Sef 3/4" Rebar,

Thence S 00" 1 7' 51 " W, along a West Right of way Lrne of said Harding Street, a distance of 255.80 feet toan Existrng MAG Narl;

Thence N 89" 29' 51 " W, along a North Right of way Line of Mrchjgan Street, a distance of 798.04 feet to aSet 3/4" Rebar:

Thence N 00o 34' 32" E, along a East Right of way Line of Hamet Streel e diskance of 418.76 feet to aSet 3/4" Rebar;

Thence S 88" 19' 21' E, along a South Right of way Line of Wells Street, a distance of 159.29 feet to a

Set 3/4" Rebari

Thence S 8r 30' 48' E, along said South Right of way Line of said Wells Street, e distance of 193.06 feet to

e Sef 3/4" Reber:

Thence N 00a 40' 33' E, along e Easf Right of way Line of said Wells Street end along the Eest Line of

Certified Survey Map Number 331 0 as Recorded in Volume 10 on page 176 rn the Office of [he Waupaca

County Regrster d Deeds, a distance of 303.00 feet to the pornt of beginning.

Subiect to any and all Easements and/or Deed Restrictions of Record.

That I have performed said survey according to the official records and in compliance with Chapter 236.34 of theWisconsin Statutes; along with the approval of the City of Waupaca.

That the map oF lands as shq son is a true and correct representation

ofalHheexteriorboundariesofth ds tothebestofmyknowledge,

information. and belief.

Dated this 8TH 1 2020.

Mark R. PLFh # 2303

mipaca

8uFvcyinq

THIS INSTRUMENT DRAFTED BY WAuPACA LAND SURVEYINGMARK R. CARLOVSKY - PROFESSIONAL LAND SURVEYOR # 2303

E 2613 SOuTHWOOD DRIVEWAuPACA, WISCONSIN 54981

(715) [email protected]

SHEET 2 0F 3JOB NUMBER : 2020-071

Oat' 00 € 00Z 00l O(i 0

Fll

;}

G L.S maps ate for Intormauonal purposes only and are not intended lo represent evidem.e In tlUe.The representatlons on ihese maps could in Tact be In emx and should not be ielled upon as the sole

determlning bciot in the locabon ofany glven parcel. The Clfy oT Waupaca is not responslble TOT any

Inaccuracies contained herein Indlviduals should consult legal represenfatlan or ptotessional survey

advk.e to conflim and insute accuracy of a given parcel detcrlpllon Pnnlad On 171772020

0 50 100 200 300 400

1 inch = 200 feet

ATTl=NTIONili

17.295 - PUL PUBLIC FACILITY AND UTILITY LANDS DISTRICT. (Cr. Ord. #08-18)

(1 ) Definitions.

Public Facilities: any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned,

leased, or otherwise operated, or funded by a governmental body or public entity.

Utility Lands: land used either directly or indirectly for the production, transmission, delivery or furnishing of

telecommunications, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services for thepublic.

Indoor/Outdoor Facilities: Recreational uses located on property owned by the public, owned by a private utility company for

public recreational use, or on a public use easement owned by the public or by a non-profit organization. Such land uses may

include parks, natural areas, undeveloped natural resources and open space areas, wildlife areas, trails, picnic areas, picnic

shelter, play courts, play fields, athletic fields, golf courses, swimming pools, swimming beach areas, fitness courses,

playground equipment, boat launches, waterfront access points, or similar land uses. Uses may include building or structures

supporting the principal use, such as equipment storage sheds, shelters, restrooms, concession stands, and grandstands.

(2) Principal Uses. This district is intended to provide areas for utilities and public uses such as government buildings, public

works facilities, recreation, education, safety services and passive open space.

(a) Uses Permitted by Right.

L Public facilities.

2. Government buildings.

3. Government maintenance facilities.

4. Safety services.

5. Schools.

6. Libraries.

7. Passive open space.

(b) Special Uses.

1. Waste facilities.

2. Indoor/outdoor recreational facilities.

3. Wireless communication facilities.

4. Recycling facilities.

5. Road maintenance facilities.

(3) Site Development Regulations.

Standards PUL Additional Regulations

Maximum Building Height (ft.) 55 Accessory Structure Maximum Height: 55

Minimum Building Setback (ft.) From Property Lines 25 (A)

Front 25

From Any Major Street 50

From Any Minor Street 25

Rear (adjacent to residential) 50

Separation Between Buildings (ft.) Single Story 15

Multiple Story 20

Building Maximum Lot Coverage (% of total lot area) 50

Minimum Required Perimeter Landscape Area (ft.) Front 15 (B,C,D)

From Any Major Roadway 50 (C,D)

From Any Minor Roadway 25 (C,D)

Rear (adjacent to residential) 40 (C,D)

Landscaping (% of net lot area) 20 (C,D)

(a) Public Facilities and Utility Lands-Uses Adjacent to Residential Districts. PUL uses located within 50 feet of an

existing residential district designated for residential use in the Comprehensive Plan shall be conducted within anenclosed building. No part of the building within 50 feet of the residential district shall contain bay or roll-up doors,car wash entry or exit points or similar service openings.

(b) Street Frontage Landscape. Unless otherwise permitted by the City of Waupaca Zoning Code, street frontage

landscape areas shall not contain parking areas, buildings, fences, parking screen walls or other permanentimprovements other than sidewalks, permitted signs and lighting.

(c) Street Intersection. All proposed ingress/egress access shall align 180 degrees with existing ingress/egressaccess points along the roadway, and/or shall maintain a minimum 150 feet separation between existingingress/egress access points on minor roadways and 250 feet separation on major roadways.

(d) Landscaping. All landscaping plans shall utilize native planting species. Greenways (appropriate mixture of berms,trees, shrubs, grasses, trails and walkways) shall be installed along all major and minor streets.

(4) Additional Development Regulations.

(a) Gated Facility Entrances. A minimum or 60 feet of vehicle queuing area shall be provided behind each gated area.

The minimum width of the vehicular entry shall be 20 feet in width. A vehicular turn-around area shall be provided

between the gated access points. The vehicular turning area shall have a minimum interior turning radius of 35 feetand an exterior turning radius of 55 feet.

(b) Outdoor Storage. All outdoor storage shall be screened from public view using fencing materials as required in

sec. 17.110. All proposed storage areas shall be illustrated on the site plan. Unless otherwise approved by PlanCommission, all surfaces must be paved.

(c) Paved Surfaces. Paved surfaces are required for all driveways, parking areas and storage areas. Crushed gravelmay be used as a surface in outdoor storage areas but must be approved by Plan Commission.

(d) Fences. Fences shall be required for all areas used for outdoor storage, refuse, and other uses requiring screening

From public view, as required by city staff. Fence height shall be a minimum of 6 feet and a maximum of 8 feet highwhen enclosing an area designated for storage or refuse.

ORDINANCE NO. 02-2020 (2020)

AN ORDINANCE AMENDING SECTION 17.201(2) OF CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF WAUPACA ENTITLED

"AMENDMENTS TO DISTRICT MAPS"

The Common Council of the City of Waupaca do ordain as follows: Section 1. The real estate hereinafter described and located in the City of Waupaca and State of Wisconsin, and presently zoned by the zoning ordinance of the City of Waupaca as "RC Resource Conservation District" is hereby zoned as "PUL Public Facility and Utility Lands District", more particularly described as follows, to-wit:

A parcel of land located in part of the Southwest Quarter of the Northeast Quarter of Section 29, Town 22 North, Range 12 East, City of Waupaca, Waupaca County, Wisconsin, more fully described as follows: Commencing at an Existing MAG Nail at the North Quarter Corner of Section 29, Town 22 North, Range 12 East. Thence South 89 degrees 15 minutes 02 seconds East, along the North Line of the Northeast Quarter of said Section 29, a distance of 668.79 feet to a Point. Thence South 00 degrees 44 minutes 58 seconds West, a distance of 1725.26 feet to a Set ¾ inch Rebar. Said Set ¾ inch Rebar being the Point of Beginning. Thence South 89 degrees 31 minutes 39 seconds East, a distance of 192.71 feet to an Existing ¾ inch Rebar; Thence North 00 degrees 40 minutes 33 seconds East, a distance of 16.00 feet to an Existing ¾ inch Rebar; Thence South 89 degrees 31 minutes 39 seconds East, a distance of 508.00 feet to an Existing 1 inch Iron Pipe; Thence South 01 degrees 02 minutes 13 seconds West, a distance of 545.00 feet to an Existing 2 inch Iron Pipe; Thence North 89 degrees 31 minutes 39 seconds West, a distance of 138.08 feet to a Set ¾ inch Rebar; Thence North 01 degrees 02 minutes 13 seconds East, along an East Right of way Line of Harding Street, a distance of 66.00 feet to a Point; Thence North 89 degrees 31 minutes 39 seconds West, along a North Right of way Line of said Harding Street, a distance of 114.85 feet to a Set ¾ inch Rebar; Thence South 00 degrees 17 minutes 51 seconds West, along a West Right of way Line of said Harding Street, a distance of 255.80 feet to an Existing MAG Nail; Thence North 89 degrees 29 minutes 51 seconds West, along a North Right of way Line of Michigan Street, a distance of 798.04 feet to a Set ¾ inch Rebar; Thence North 00 degrees 34 minutes 32 seconds East, along an East Right of way Line of Harriet Street, a distance of 418.76 feet to a Set ¾ inch Rebar; Thence South 88 degrees 19 minutes 21 seconds East, along a South Right of way Line of Wells Street, a distance of 159.29 feet to a Set ¾ inch Rebar; Thence South 89 degrees 30 minutes 48 seconds East, along said South Right of way Line of said Wells Street, a distance of 193.06 feet to a Set ¾ inch Rebar; Thence North 00 degrees 40 minutes 33 seconds East, along an East Right of way Line of said Wells Street and along the East Line of Certified Survey Map Number 3310 as Recorded in Volume 10 on page 176 in the Office of the Waupaca County Register of Deeds, a distance of 303.00 feet to the point of beginning.

(Parcel Nos. 34-29-71-25 and 34-29-71-26) Section 2. This ordinance shall take effect upon passage and publication according to law. Approved: Brian Smith, Mayor Adopted: , 2020. Approved: , 2020. Published: , 2020. ATTEST: Sandy M Stiebs, City Clerk

ORDINANCE NO. 03-2020

An Ordinance under City of Waupaca Chapter 12 – Licenses and Permits,

Creating Chapter 12.27 Providing for the Regulation of Mobile Food

Establishments

The Common Council of the City of Waupaca do ordain as follows:

SECTION 1: An Ordinance under City of Waupaca Chapter 12 – Licenses and Permits,

Creating Chapter 12.27 Providing for the Regulation of Mobile Food

Establishments as follows:

(1) Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to

them in this section, except where the context clearly indicates different meaning:

Mobile food unit means a vehicle or conveyance on wheels, either motorized or non-motorized, used to

conduct a food business.

Vendor shall mean a licensed mobile food unit.

(2) Exemptions

The provisions of this article shall not apply to the following:

(1) Those transacting business entirely inside a store building;

(2) Those who operate a permanent business establishment that place items sold at such operator's

business establishment directly outside of their business;

(3) Those who operate home delivery conveyance of grocery stores, restaurants, dairies and/or

bakeries;

(4) Any person selling agricultural food products which such person has grown so long as there is

no onsite food preparation and said person is licensed with the appropriate State or local agency;

(5) Any person selling a food product at a farmer's market/flea market, on premises under the

control of the farmer's market/flea market organizers.

(6) A transient vendor selling a food product from a conveyance for a limited time and possessing

a direct seller permit so long as there is no onsite food preparation

(7) Any person with a food stand/unit at a festival, with permission from festival organizers, on

premises under the control of festival organizers;

(8) Any nonprofit organization that conducts such business only at occasional times.

(3) Enforcement

The enforcement of this article shall be under the jurisdiction of the City Clerk, Waupaca Fire

Department, Code Enforcement Officer and the City of Waupaca Police Department, who shall have the

power to inspect to determine compliance with this article.

(4) Location restrictions

Licensed mobile food units cannot be located in a residentially zoned district. It must be in a

commercially zoned area.

Licensed mobile food units shall not operate upon or in any alley, public grounds or land dedicated to

public use or in any part there. Where mobile units are being operated in any street, all traffic and parking

regulations shall be observed and no unit shall impede the free use of such street. No licensed mobile unit

shall be upon any street used as a parade route between the times one hour immediately preceding the

commencement of any scheduled parade until after the conclusion of any scheduled parade. Where

mobile food units are being operated on any sidewalk, no unit shall impede the free use of such sidewalk

and shall not have any exclusive right to any stationary location thereon.

No person shall operate an outdoor food stand or mobile food unit on property within a public park of the

City unless authorized to do so by the Park and Recreation Director. No person shall operate an outdoor

food stand or mobile food unit within 500 feet of any public park in which there is present a holder of a

rental agreement approved by the Park and Recreation department or where the City operates a food stand

or mobile food concession.

(5) Prohibited and required acts

(A) A vendor shall:

(1) Obtain any other license(s) necessary, including, but not limited to, a Wisconsin seller's

permit prior to applying for the City license and adhere to the requirements of any such other

license.

(2) Provide a trash receptacle of at least 32 gallons for customer use; the use of City refuse

containers is prohibited.

(3) Clean-up the area within one-half block of stand/unit each day by removing any and all food

waste, garbage, trash and debris (all to be disposed of in the vendor's trash receptacle) and sweep

or rake area to remove all spillage.

(4) Display the City license and any other required licenses during operating hours

(5) Remove all vending equipment from public right-of-way during times when vending is

prohibited.

(6) Contact the Waupaca Fire Department (715-258-4434) to set up a time for your mobile food

unit to be inspected.

(B) A vendor shall not:

(1) Block or restrict an individual's access to a business or residential doorway.

(2) Allow any dining area to the food stand /unit, including, but not limited to, tables, chairs, booths,

stools, benches or stand up counters: unless vending solely on private property or in public park

with approval by the Parks and Recreation Director.

(3) Block or restrict pedestrians on the public way.

(4) Use audio or video equipment, such as speakers, amplifying device and video display monitors.

(5) Sell food or beverages in glass containers or glassware.

(6) Dispose of food waste or water used in food preparation or cleaning into storm drains, catch

basins, manholes, sidewalks or streets.

(7) Use extension cords to supply power to the stand/unit; all stands/units must be self-powered.

(8) Sell within 300 feet of school grounds unless part of a non-profit or civic event on school grounds

with permission from the respective school.

(9) Sell within 150 feet of a licensed restaurant, during its kitchen hours, without written permission

from the merchant.

(10) Vend in the same location for more than five hours in any one day unless:

a. Vending on private property either owned or leased by vendor.

b. Granted approval by the Park and Recreation Director pursuant to Section 4 – Location

Restriction, to vend in a public park of the City of Waupaca.

(6) License required

No person shall operate an outdoor food stand or mobile food unit without first obtaining a license from

the City Clerk in compliance with the provisions of this division. A separate license is required for each

stand/unit.

(7) Application

A license shall only be granted where the following requirements are satisfied:

(1) Any person requiring a license under this division shall make a sworn application in writing

on a form furnished by the City Clerk which shall require the following information:

a. Name, address and telephone number of applicant.

b. Name, address and telephone number of the person, firm, association or corporation

that said applicant represents or is employed by, or whose food is being sold.

c. A description of the food being offered.

d. The location from which the business will be conducted, including written

authorization of the property owner where the cart/unit will be located.

e. Make, model and license number of any vehicle to be used by the applicant in the

conduct of the applicant's business.

f. Last cities, villages, towns, not to exceed three, where the applicant conducted similar

business.

g. Statement as to whether the applicant has been convicted of any crime or ordinance

violation related to applicant's business or solicitation within the last five years, and the

nature of the offense and the place of conviction;

(2) Applicants shall present to the City Clerk for examination and/or to be photocopied:

a. A driver's license or some other proof of identity as may be reasonably required.

b. Wisconsin seller's permit.

c. Waupaca County/State of WI Health Certificate number.

d. Vehicle certificate of registration/licensing, if applicable.

(3) The application must be received at least 15 days in advance of any license being issued.

(4) Insurance. The applicant shall procure insurance carrier information and policy numbers.

(8) Licensing fee/duration

(a) At the time of the application, a nonrefundable fee in the amount of $100 plus $12 ($20 for out of

state) per background check for each employee.

(b) The $100 fee may be waived for one-time non-profit events. All other application fees and rules

must be followed.

(c) Duration: License shall have a term of one year commencing on January 1 and ending on

December31.

(9) Investigation/inspection

(1) Upon receipt of each application from the City Clerk, the City of Waupaca Police Department

shall conduct an investigation of the statements made on such application and conduct a

background check.

(2) The Waupaca Fire Department will report a pass or failed inspection to the City Clerk.

(3) The City Clerk shall refuse to license the applicant if the applicant doesn’t meet the following

Criteria:

(a) The application contains any material omission or materially inaccurate statement;

(b) Complaints of a material nature have been received against the applicant by

authorities in the last cities, villages and towns, in which the applicant conducted similar

business;

(c) The applicant was convicted of a crime, statutory ordinance or ordinance violation the

nature of which is directly related to the applicant's fitness to engage in the conduct for

which the license is requested;

(d) Applicant fails to comply with requirements of the Waupaca Fire Department

(e) The applicant failed to comply with any applicable provision of Section 7 -

application

(f) The applicant failed to pay the fees required for the license.

(g) The applicant has unpaid monies owed to the City of Waupaca.

(10) Renewal

The license holder shall, on an annual basis, file a City-authorized renewal application form prior to the

expiration of the license, in the same manner as the initial application.

(11) Revocation or suspension and penalty

The issuance of an outdoor food cart/mobile food unit is conditional at all times. A license may be

revoked or suspended by the Police Department, Code Enforcement Officer or the Waupaca Fire

Department when necessary to protect the public health, safety or welfare, to prevent a nuisance from

developing or continuing, in emergency situations, or due to noncompliance of this section, this Code or

applicable State or Federal laws.

Any person adjudged in violation of any provision of this ordinance shall forfeit not less than $10 nor

more than $1,000 for each violation per day plus costs of prosecution. Each violation shall constitute a

separate offense.

SECTION 2. This ordinance shall be effective upon adoption and publication according to Law.

Brian Smith, Mayor

Adopted:

Published:

ATTEST:

Sandy M. Stiebs, City Clerk

407 School Street | Waupaca, WI 54981 [email protected] www.waupacaparknrec.com

Phone: 715.258.4435

Memo

To: Mayor Smith and Common Council From: Andrew Whitman

Parks and Recreation Director

Date: Monday, January 13, 2020 Subject: Swan Park Concession Shingle Replacement

The Parks and Recreation department had budgeted $65,000 in its capital budget for replacing roofing and

siding on all of our buildings at Swan Park. The $65,000 was to come from the capital budget in the form of

the 2020 Bond Issue.

The overall scope of this project is to complete replacement of all siding and shingles on buildings at Swan

Park. The buildings are 20+ years old and contain the original siding and shingles on them. There are multiple

places where the siding is rotting away and the shingles starting to loose there integrity. Our Parks

Superintendent and Parks/Cemetery Crewperson have already starting doing work on the smaller buildings

and plan to finish all the work other than the shingles on the concession stand. That area is too big of a

project for them to complete. By the two of them doing the rest of the work the City is saving a substantial

amount of money compared to hiring someone to do all of the work. We have obtained three quotes from

companies to remove and replace the shingles on the concession stand.

K&E Builders – $13,910

Zarnke Roofing LLC – $19,200

ARC Contracting of Wisconsin, Inc. – $22,550

I am recommending we move forward with K&E Builders removing and replacing the shingles on the

concession stand. They are the lowest quote and our Parks Superintendent feels comfortable working with

this local company to get the job done. I have added 10% contingency to the quote in case we find any roof

issues underneath or material prices change.

REQUESTED ACTION:

Requesting that the Common Council approves moving forward with K&E Builders to remove and replace the

shingles on the Swan Park concession stand for a price not to exceed $15,000.

407 School Street | Waupaca, WI 54981 [email protected] www.waupacaparknrec.com

Phone: 715.258.4435

ATTACHEMENTS:

K&E Builders Quote

Zarnke Roofing, LLC Quote

ARC Contracting of Wisconsin, Inc.

K&E

BUILDERS, INC.The "Key" to Quality Construction

71 5-258-5410

www.k-ebuilders.com E1022 HWY 54 k.e.builders.waupacapqmail.comWaupaca, Wis. 54981

Established 4 996

Certified CertainTeed Master Shingle Applicator

Voted Best of the Best ( Waupaca ) Builder of the year

2010, 2011, 2012, 2014, 2015, 2017, 2018

2"d Place 2013

Date:

Job Name:

Attn:

12/4/2019

City of Waupaca

Parks & Rec

Waupaca, WI. 54981

Josh Peterson

Description:

Materials:

New Roof on Concession Stand at Swan Park - Approx. 50 Sq. - 4/12 Pitch

CertainTeed 4Star Warranty - 50+ Year Life Time LandMark Shingle

Synthetic Felt Paper

Galvanized Metal & Ice & Water in Valley's

Continuous 72 Ft Ridge Vent, & New Pipe Flashing $7192.00

Labor: Approx. 50 Sq. of Roof, Tear off existing roof material (1 Layer)

Disposal of roofing materials $6868.00

Total: $13910.00

Sorg - Due to market fluctuation roofing material pricing will be set at time of contract signing

Extra charges if old roof needs repair

!/i down at start of project

Owner responsible for all permits, unless other arrangements have been made

Thank-You for choosing K & E Builders to estimate your building project, If you have any

questions please call me at 715-258-5410

Approval: Date:

Ken Vergauwen

K & E Builders Inc.

Date:

Estimate

FROM

Zarnke Roofing LLC.

5227 Town Line Rd

Amherst Wi 54406

TO

Waupaca Parks Department

C)09 Brainard Dr

Waupaca, Wl 54081

r'i saa-ygso:i 71 5-41 2-1302

zarnkeroofing@gmail com [email protected]

Estimate #: ESTOO32

Date: Dec 26, 2019

ReroofofConcessionsand RestroomBuilding 919,200.00 1 919,200.00

This bid is for the parks and recreation building containg the concessions and restrooms located at 909 Brainerd Dr Waupaca, Wi. This bid

is for full tear off, disposal, and installation of New Owens Corning roofing materials. The scope of work as follows. The site area will be

taped off to public around work areas during work preformed. Once area has been secured work will start. The existing roof material will

be removed down to decking and disposed. Once all existing materials have been removed decking will be cleaned of all protrusions and

nails and any loose decking resecured. New Owens Corning weather lock G ice and water barrier will be installed alond bottom 3' of all eve

edges and 1 8"on center in all valleys. The remainder of decking to be covered with Owens Corning Pro Armour synthetic underlayment.

Any other penatrations will also recive ice and water barrier 1 8" around penatrations and receive new rubber boots. Once the decking has

been dried in New Owens Corning Starter shingle will be installed at perimiter to create full seal of the roof. New Owens Corning Duration

shingles will be installed accross roof field. The hip and peaks will receive New Owens Corning Hip and Ridge cap shingle with the areas

of the main building with horizontal peaks Reciving Owens Corning Ventsure Ridge vent as well as cap. Once roofing work has been

completed a full property clean-up for roofing debrise will be preformed and inspection with property owner completed. All work will come

with a 5yr workmanship warranty with remainder covered by manufacturers expressed warranty.

NOTESTotal S19,200.00

Payments as follows. The down payment of 2/3 will be due on signing. This is to

cover materials and disposal costs. The remaining 1 /3 will be due on completion.

Totals for payments will be 912800 down and !>6400 on completion.

All checks made payable to Brock Zarnke

Page l of2

ARCARC Contracting of Wisconsin, Inc.

2300 Holly Road

Neenah, Wl 54956

(877) 272-3200

Customer:Waupaco Parks & Recreation

909 Broinerd Dr

Waupaca, Wl 54981

ARC Project Manager:Adam Reichenberger

(920) 517-1682

DESCRIPTION OF WORK

@ ARC Controcting will pull Clll required permits prior to the start of the project.

* Remove the existing shingle roof system down to the exposed decking and safely

dispose of debris. (Replace any damaged/rotten decking for an additional charge of

$70/sheet of OSB. Price includes removal, disposal, and installation of the new OSB.)

* Install Ice & Water shield in all roof valleys.

@ Install synthetic underlayment over the exposed decking.

* Install new preselected colored edge on the perimeter of the building. x

@ Install s'tarter strip on the perimeter of the building.

* Install new Weatherwood Certainteed shingle roofing system up to manufacturers

specifications.

* Ins+allnewridgeventandridgecapforproperroofventilation.

@ Flash all roof penetrations with approved roofing materials.

* Certainteed Limited Lifetime Warronty.

Five (5) year ARC Workmanship Warranty.

Investment Total: $22,550.00

Customer Signature

Print Name

Date

TERMS AND CONDITIONS

All agreements are contingent upon strikes, accidents or delays beyond the control of ARC Contracting of Wisconsin, Inc.

Any and all complaints/claims concerning workmanship, aesthetic quality, damage, debris, additional materials, etc. mustbe given to ARC Contracting of Wisconsin, Inc. in writing, by certified mail, within thirty (30) days of completion of job or are

hereby and absolutely waived.

If payment is not made as set forth herein, Customer will be in default of the payment terms of this contract, waiving notice

or presentment. Upon default, Customer agrees to pay all costs associated with collection, including attorney's fees,

pre-judgment and post-judgment interest at 1.5% monthly. Further, Customer and/or Property Owner agrees that this

agreement represents a consensual lien on all property, and that ARC Contracting of Wisconsin, Inc. may take whatever

steps necessary to perfect such a lien. In addition, if payment in full is not received by ARC Contracting of Wisconsin, Inc.

within fifteen (15) days of completion any/all warranties shall become void.

Payments shall be made as follows: (1") 1/3 upon approval; (2"d) 1/3 upon start; (3'd) 1/3 upon completion

ARC Contracting of Wisconsin, Inc. disclaims any and all responsibility for pre-existing conditions (disclosed and undisdosed)

including, but not limited to: structural damage and deficiencies, clogged drains, mold growth, excessive standing water,

removal of hazardous material or other hidden deficiencies such as HVAC units/conduits, electrical or gas lines. This

agreement does not cover, and in no case, shall ARC Contracting of Wisconsin, Inc. be liable for, the removal of or damage

to HVAC units/conduits, gas lines, water lines, electric lines, or conduits, whether located above, below or within the roofsystem, lightning protection systems, landscaping, communication cable, communication devices, or other devices,

including recalibration of satellites. It is the building owner's responsibility to provide protective measures. Customer

and/or Property Owner agree that all residences and commercial structures that have plumbing related facilities have thepresence of mold and mildew. ARC Contracting of Wisconsin, Inc. shall not be responsible for mold or mildew existing prior

to any roofing work or any mold or mildew discovered subsequent to any roofing work. Customer and/or Property Owner

hereby waives any claim for personal injury or property damage against ARC Contracting of Wisconsin, Inc. related to any

form of mold or mildew. Customer and/or Property Owner agree that, unless otherwise specifically stated within thisagreement, ARC Contracting of Wisconsin, Inc. will only be responsible for the roof during the time that the roof project is

in progress and under no circumstances will ARC Contracting of Wisconsin, Inc., it's owners, officers, or employees be

responsible for interior finishes after roof work as described herein has been completed in full by ARC Contracting of

Wisconsin, Inc.

This agreement shall be governed by the laws of the State of Wisconsin, and the venue for any dispute arising under this

contract shall be in Winnebago County, Wisconsin. This document represents the entire agreement, and all modifications

must be accepted by both parties in writing.

The person or person(s) signing this agreement represents that they are either the owners of the property for which the

roofing work is being performed, and/or the authorized agent of all owners whose signatures do not appear on thisagreement. In addition, they affirmatively represent that they have the available funds to pay the entire charges

contemplated by this agreement upon substantial completion and that they are not currently a Petitioner under any case in

Bankruptcy Court nor contemplating the filing of any Petition in Bankruptcy. Customer and/or Property Owner is signing asthe owner of the property and personal guarantor.

Int.

City of Waupaca Council Agenda Item Staff Report

FROM: Kathryn Kasza

Finance Director/City Treasurer

DATE: February 27, 2020 SUBJECT: Purchase of Waupaca Airport Fuel System Upgrade

DISCUSSION: The approved 2020 Capital Improvement budget included the purchase of an upgrade to the Waupaca Municipal Airport’s fuel point of sale system. The current system will not be serviceable after June 2020 and is not compliant with current credit card provisions. The 2020 CIP budget included $15,000 for the purchase using 2020 borrowed funds. Since the 13/31 Runway Project has been removed from the Bureau of Aeronautics (BOA) Capital Plan for 2020/2022; the $5,000 budgeted for the City share of the design costs will be applied to this project. The new QT Pod Model M4000 system will be cellular based instead of needing a phone line, there should be a minimal savings with the new connection (the cellular charge is $480/year and all data is now cloud-based). Beth Christiansen, the City’s Airport Manager, received three (3) quotes for the purchase and installation of the new system. U-Fuel $13,295 does not include installation @ $1,200/day + Electrical Northwest Petroleum $18,498 does not include any Electrical installation costs. Metco Fuel Systems $17,225 includes Electrical and installation. REQUESTED ACTION: Approve the purchase of a QT Pod Model M4000 Self-Serve Fueling Terminal and installation from Metco Fuel Systems, Hillsboro WI with funding to be reimbursed using the 2020 Capital Improvement borrowed funds, as presented.

Capital Improvement Plan

City of Waupaca, Wisconsin

PROJECTS & FUNDING SOURCES BY DEPARTMENT

2020 2024thru

Total2020 2021 2022 2023 2024Department Project #

Airport

8,4008,400Airport Fund

20,00020,000FSB Line of Credit

347,00020,000 77,000 82,500 167,500GO Bonds

375,40040,000 77,000 82,500 175,900Airport Total

AIR-17-01 17,00017,000REPLACE LIGHTING RWY 13/31

AIR-17-02 22,50010,000 12,500TERMINAL AREA AND RUNWAY DEVELOPMENT

AIR-17-04 65,0005,000 60,000RECONSTRUCT RUNWAY 13/31

AIR-17-05 5,0005,000DESIGN DEER FENCE

AIR-17-06 150,000150,000HANGAR/STORAGE BUILDING

AIR-17-08 42,50042,500EXTEND RUNWAY 10/28

AIR-17-09 20,00020,000REPLACE SNOW REMOVAL EQUIPMENT

AIR-17-10 8,4008,400DEVELOP HANGAR/TERMINAL AREA

AIR-17-11 30,00030,000MOVE RWY 28 END-RWY 10/28 SHIFT

AIR-19-01 15,00015,000FUEL FARM POS SYS UPGRADE

375,40040,000 77,000 82,500 175,900Airport Total

Cemetery

45,00045,000GO Bonds

45,00045,000Cemetery Total

CEM-22-01 45,00045,000CEMETERY TRACTOR REPLACEMENT

45,00045,000Cemetery Total

City Hall/Library Building

200,000200,000Focus On Energy Grant

410,000125,000 145,000 50,000 15,000 75,000GO Bonds

CHLIB-17-03 120,000120,000CITY HALL/LIBRARY GENERATOR

CHLIB-17-05 200,000125,000 75,000CITY HALL/LIBRARY ROOF REPLACEMENT

CHLIB-17-06 25,00025,000CITY HALL/LIBRARY LANDSCAPE UPGRADE

CHLIB-17-07 225,00025,000 200,000SOLAR PANEL ENERGY PROGRAM

CHLIB-17-12 15,00015,000CITY HALL OFFICE WORKSPACES

CHLIB-18-01 25,00025,000AHU CONTROL UPGRADE

610,000125,000 145,000 50,000 215,000 75,000City Hall/Library Building Total

METCO FUEL SYSTEMSINSTALLATION · SERVICE · ENVIRONMENTAL

102 Enterprise Drive • PO Box 448 • Hillsboro, WI 54634

(800) 236-0448 • Fax (608) 489-2389 • www.metcohq.com

Project: Card System Replacement Date: 2/5/2020Submitted To: Waupaca Airport Proposal No: 20POS0205KS

Phone: Prepared By: Kevin J SeymourEmail: [email protected] Email: [email protected]

Site Address: 2601 Runway Dr Billing Address:Waupaca, Wi 54981

SCOPE OF WORK:

PROJECT COST SUMMARY: Item Description Amount

Card System $14,228.94 Electrical $1,222.22 Startup $1,350.00 Project Management $423.53

TOTAL $17,224.69

MISCELLANEOUS NOTES: - This proposal price is valid for 15 days.- All applicable taxes will be added.- A down payment is required prior to ordering any equipment.- Subject to 3% fee if a credit card is used for payment.- Progress billings are due upon receipt.- Additional work or changes are subject to additional charges.- Warranties will apply according to manufacturer's specifications.

Provide and install a new QT M4000.

Page 1 of 3

AMOUNT

CARD SYSTEM $14,228.94 *Card System Equipment Payment due upon signing

QTM4000Includes:

1 - Receipt printer1 - Freight1 - Cell Modem

- Price includes a tradein of existing card system

ELECTRICAL $1,222.22

2 - Fueling cabinets1 - Card reader

STARTUP $1,350.00

- Install and program card system

PROJECT MANAGEMENT $423.53

- Mobilization

NOTES- A down payment and signed contract are required before any equipment is ordered.- Progress billings are due upon receipt, the balance of the contract is due upon completion/startup.- This proposal price is valid for 15 days. After 15 days, METCO reserves the right to revise the prices.- Additional work or changes to this contract are subject to additional charges.- Subject to 3% fee if a credit card is used for payment.- Warranties will apply according to manufacturer's specifications.- All applicable taxes will be added.

TOTAL $17,224.69

ITEM DESCRIPTION

Page 2 of 3

METCO FUEL SYSTEMSINSTALLATION · SERVICE · ENVIRONMENTAL

102 Enterprise Drive • PO Box 448 • Hillsboro, WI 54634

(800) 236-0448 • Fax (608) 489-2389 • www.metcohq.com

Contract Date: 02/05/20 Customer Name: Project: Card System

Replacement (Print)

Contract No: 20POS0205KS Authorized Signature: Date:

(Customer)

Contract Amt: $17,224.69 Authorized Signature: Date:

*Contract amount does not include options (METCO)

As required by Wisconsin Construction Lien Law, METCO hereby notifies the owner that persons or companies furnishing labor or

materials for the construction and/or service on the owner's land may have lien rights on the owner's land or building if not paid.

Those entitled to lien rights, in addition to METCO, are those who contract directly with the owner or those who give the owner

notice within 60 days after they first furnished labor or materials for construction and/or service. Accordingly, the owner may

receive notice from those who furnish labor or materials for construction and/or service and should give a copy of each notice

received to the mortgage lender, if any. METCO agrees to cooperate with the customer and the customer's lender, if any, to see

that all potential lien claimants are duly paid.

CONTRACT FOR SERVICES

The proposed prices, specifications and conditions are satisfactory and hereby accepted. METCO is authorized to do the work and

the customer agrees to payment as outlined below. This contract shall be billed to the party whose signature appears below

(“signer”). The person who signs this contract shall be responsible for payment according to METCO's terms described below.

The signer agrees that the terms and conditions of this contract are based on State and Federal Laws is existence as of the date of

this contract. The client shall be responsible for actual costs above and beyond the contract costs that are incurred by METCO as

a result of complying with changes in the laws during the course of this contract. As used herein, METCO includes any affiliated

corporation, subcontractors or any of their officers, directors employees or agents.

TERMS

METCO holds the right to retain ten (10%) percent of the contract amount should the customer cancel the project. Project

financing must be verified before any equipment is ordered. A down payment may be billed before the job commences on site in

order to secure schedule dates and materials needed. All contract invoices are due upon receipt, and final payment on the

contract balance is due no later than 10 days after startup unless other terms are arranged when the contract is signed. There

shall be a 33% restocking fee if materials have been ordered and the job is canceled. Special ordered material invoices are due

upon delivery to the job site or METCO's warehouse. Finance charges shall be added to all past due invoices (1.5% monthly, 18%

annually). The prevailing party in any action or proceeding to enforce any provision of the Agreement will be awarded

reasonable attorney's fees and costs in that action or proceeding or in efforts to resolve the matter. Any written documents,

including but not limited to, reports, plans, assessments, etc., are prepared for, and for the sole use of the customer and the

contents thereof may not be used or relied upon by any person without express written consent and authorization of METCO.

LIABILITY

The customer acknowledges that METCO has had no role in the generating, handling, treating, transporting or dispensing of

hazardous waste which may be found on the project and is, therefore, not a “covered person” for purposes of CERCLA's 107(a).

METCO's services shall be governed by the negligence standard for professional services, measured as of the time those services

are rendered. METCO assumes no responsibility for unavoidable contamination caused by sub-service sampling or other

investigations conducted under the terms of this agreement. SERVICE/CONSTRUCTION LIEN

Page 3 of 3

February 25, 2020

Mayor Smith and the Common Council

After looking at the three quotes for the Fuel Farm Terminal, I recommend going with Metco Fuel Systems from Hillsboro, WI due to the thorough quote and lower cost.

Thank you,

Beth Christiansen

Plane Guys Aviation

Justin Berrens, Director 111 S. Main Street • Waupaca, WI 54981

[email protected] www.cityofwaupaca.org

715.258.4420

MEMO TO: Mayor Smith and Common Council

FROM: Justin Berrens

Director of Public Works

DATE: February 26, 2020

SUBJECT: Covered Bridge Lift-Station (LS) Backup Generator

The City of Waupaca sewer utility operates and maintains 12 lift-stations. 4 of the lift-stations have fixed backup power. The remaining lift-stations have either a transfer switch that allow a portable generator to supply power or bypass plumbing that allows hookup of a portable pump to move the wastewater. In both cases the sewer staff is required to mobilize portable units with a pick-up truck to prevent a wastewater overflow.

Over the last few years a typical power outage only effects a small portion of the City and staff only has to maintain one or two unpowered lift-stations at a time. With our current staff and equipment this has not been an issue. Over the last few years we have experienced some more severe storms and in particular last year the entire City was without power for days and parts of the City for about a week. This event brought a focus to our process of moving portable generators to service the lift-stations during power outages.

The “Covered Bridge Lift-Station” is located near Burger King and services the entire City west of highway 10. This is a busy lift-station and is at a critical location within our collection system. We want to improve this lift-station to include a fixed backup generator that will run on natural gas. We budgeted $25,000 to complete this improvement. Wastewater Superintendent, Jesse Landre gathered 3 proposals and created a comparison as shown attached.

The analysis has pointed us to the Kohler generator. The engine size better allows for future pump upsizing. The expected running speed with the V8 engine will run at a lower speed thus we believe we will benefit from lower maintenance cost and fuel consumption. All other backup generators in the sewer utility are Kohler’s. Our staff has familiarity maintaining these generators and have a comfort level with their reliability.

Justin Berrens, Director 111 S. Main Street • Waupaca, WI 54981

[email protected] www.cityofwaupaca.org

715.258.4420

Because we are under budget, we would like to include a few additional items to the purchase of the generator.

1. Overflow bottle for cooling system: This is an additional safety measure to protect the equipment and our investment. Adds $150

2. 5-year comprehensive warranty: This covers parts, materials, mileage and drive time for technician call outs. Add $800

3. Upgrade to automatic transfer switch: A more robust piece of equipment as recommended by Bauer Electric plus is would allow us to connect a mobile generator as an additional layer of redundancy. Add $300

REQUESTED ACTION:

Council approve award Total Energy Systems, LLC for the purchase of a backup generator for an amount not to exceed $23,415 – funding through the sewer fund.

INCLUDED DOCUMENTS:

1) Proposal comparison spreadsheet 2) Total Energy Systems, LLC proposal

Kohler Generac Cumminsalternator size 40kW 138 amp 40kW 150 amp 40kW 138 ampengine make Kohler Generac CumminsEngine size 6.2L V8 (101 BHP) 1800RPM 4.5L in-line 4cyl (62 BHP) 1800 RPM 2.5L in-line 4cyl (Turbo Charged 70 BHP) 1800rpm

fuel natural gas natural gas natural gasenclosure weatherproof steel weatherproof steel Weatherproof Aluminum

10 amp battery charger 10 amp battery charger battery heater120v receptacle

1500W block heater 1500w block heater block heatermanuals included 3 sets manuals 1 set manuals

flex hose for gas hookupnatural gas regulator included no mention of regulator natural gas regulator included

fuel consumption 218cfh-730cfh (25%load-100% load) 263cfh-752cfh (25%load-100% load) 210cfh-519cfh (25% load-100% load)warranty period of genset 2 years 2 years 2 years

Automatic transfer switch 150 amp rated 200 Amp rated 125 amp ratednon-service entrance rated service entrance rated non-service entrance rated

enclosure heater enclosure heater

Freight,startup, load test included in proposal price included in proposal price included in proposal price

Lead time after purchase 10-12 weeks 8-10 weeks 8-10 weeks

skid dimensions 8.48 feet x 3.53 feet x 4.47 feet=LxWxH 8 feet x 3.1 feet x 5.8 feet= LxWxH 7.8 feet x 2.8 feet x 3.8 feet= LxWxH

Price $22,165 $22,700 $21,637.24

Servicing agency Total Energy Systems, DePere, WI Wolter Power Systems Brookfield, WI Cummins Sales DePere, WI

accessories:

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

08/13/2019

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Updated 2/17/20 Proposal for City of Waupaca

INCLUDES: • Freight • Start-up with 2 hour load bank • 2 hour training after start-up • Primary gas regulator

Service Entrance Rated ATS option noted in OPTIONS Revised with 2 year warranty 5 years options added

From: Chris Howard Generator Systems Specialist Total Energy Systems 2211 American Blvd DePere, WI 5415 P: 920-425-3310 F: [email protected]

Generator Kohler Model: KG40

This gas generator set equipped with a 4P5X alternator operating at 120/208 volts is rated for 40 kW/50 kVA. Output amperage: 138.

Qty Description 1 KG40 Generator Set

Includes the following: Literature Languages English

Approvals and Listings UL2200 Listing/cUL Genset List

Engine Single Fuel, NG, Stdby

Nameplate Rating Standby 130C Rise

Voltage 60Hz, 120/208V, Wye, 3Ph, 4W

Alternator 4P5X

Cooling System Unit Mounted Radiator, 50C

Skid and Mounting Skid, 41"

Air Intake Standard Duty

Controller APM402

Enclosure Type Sound

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

08/13/2019

Page 2

Page 2

Enclosure Material Steel

Starting Aids, Installed 1500W,120V

Electrical Accy.,Installed Battery Charger, 10A

Electrical Accy.,Installed Run Relay

Electrical Accy.,Installed 2 Input/5 OutputModule

Rating, LCB 1 80% Rated

Amps, LCB 1 150

Trip Type, LCB 1 Thermal Magnetic

Interrupt Rating LCB 1 18kA at 480V

Miscellaneous Accy,Installed Air Cleaner Restriction Ind.

Miscellaneous Accy,Installed Coolant in Genset

Miscellaneous Accy,Installed Rodent Guards

Warranty 2 year basic 1 Lit Kit, Production, KG40

Automatic Transfer Switch

Kohler Model: KCP-ACTC-0150S 3 Pole, 4 Wire, Solid Neutral, 150 amp, Kohler Standard rated Programmed automatic transfer switch, Model KCP-ACTC-0150S ,

rated 208V, 60 Hz complete with all standard equipment and housed in a NEMA Type 3R enclosure.

Qty Description 1 KCP-ACTC-0150S

Includes the following: Literature Languages English

Mechanism Standard

Transition Programmed

Logic 1200

Voltage 208 V / 60 Hz

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

08/13/2019

Page 3

Page 3

Poles & Wires 3 Pole/4 Wire, Solid Neutral

Enclosure Nema 3R

Amps 150 Amps

Connection Standard

ATS Utility Switching Device NONE

ATS Generator Switching Device NONE

IBC Seismic Certification None

CSA Certification None

Miscellaneous Acc.,Installed Lockable User Interface Cover

Miscellaneous Acc.,Installed Heater, MPAC

Warranty 2 year basic 1 Lit Kit, ATS Production, KCS/KCP/KCC

DISTRIBUTOR START-UP

1. Start-up, must be scheduled a minimum of 10 - 14 days prior to requested start-up date. Contact the Service

Department at 1.888.548.1400 ex 3301 or [email protected] for date and time.

SERVICE ITEMS INCLUDED WITH THIS QUOTE: Lubricating Oil Antifreeze - 50/50 Mix Battery Start Up Service

One (1) day reserved, during normal business hours, for inspection, engine prep work and initial engine start up

Load Bank Test at Site Two (2) Hours are Included using a portable resistive load bank.

Training session will be provided at the conclusion of the system start up.

2. Contractor shall coordinate and schedule start-up and shall be responsible for ADDITIONAL field service costs if start-up cannot be completed in time allowed as a result of incomplete installation.

* Normal business hours are M-F 8:00AM to 4:30PM.

After hours Start ups are available for an additional charge. Standard published rates apply.

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

08/13/2019

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CLARIFICATIONS

1. Total Energy System’s proposal is based on meeting the functional intent and system requirements of the job

description.

2. No specifications or drawings were provided for the project prior to providing the above equipment.

3. Installation exhaust components not included for open unit installation, unless specifically listed in bill of material.

4. If changes made after approved submittal received, price may change.

5. Unless specifically listed in our Bill of Material, equipment not indicated is assumed to be supplied by others. We reserve the right to correct any errors or omissions.

6. Included Start-Up is based on unit being in a readily accessible location. Site information is unknown. Additional charges may apply if additional time is required due to restricted access to unit.

7. 110% overload not applicable in standby application.

8. Standard O&M Manuals provided; custom manuals or additional copies available at an additional charge. 9. System coordination studies and/or relay setting studies are by others. Protective relay calibration and settings,

NETA testing by others.

10. The natural gas generator requires 11 inches of water column (WC) pressure and 730 cubic feet of gas per hour (CFH) of gas volume to operate correctly at 100% rated capacity.

11. Primary Line Regulator is Supplied.

OPTIONS

Adder: Overflow bottle/ Recovery tank for Cooling system, 2QT is: $150.00 *Minimizes chance of Low Coolant Alarm and potential service call.

_______ (Please initial if wanted) Adder: Remote Annunciator (NFPA110) is: $550.00

_______ (Please initial if wanted)

Adder: Modbus to Ethernet Converter is: $345.00ea.

jberrens
Highlight

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

08/13/2019

Page 5

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*Two required if connecting to building automation system and remote annunciator _______ (Please initial if wanted)

Adder: Warranty options 2 year basic, price included

year basic deduct is : $285.00 _______ (Please initial if wanted)

5 year Basic parts and Materials adder is: $600.00 _______ (Please initial if wanted) 5 year comp, parts , materials, mileage, drive time adder is: $800.00

_______ (Please initial if wanted)

Adder: Upgrading ATS to Service Entrance Rated is an additional: $300.00 to the base price

_______ (Please initial if wanted)

Adder: Work Light, Rechargeable LED, 12VDC, Wand is: $195.00 _______ (Please initial if wanted)

jberrens
Highlight
jberrens
Highlight

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

08/13/2019

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BASE PRICE WITHOUT OPTIONS: $22,450.00

Quotation is firm for 60 days. Current Lead Time: 10 to 12 weeks after approved submittals.

FOB Job Site (Customer Unload) Price does not include any applicable taxes or installation.

OFFER ACCEPTANCE

I hereby authorize Total Energy Systems LLC to use this form as a bona fide purchase order of the equipment shown on Offer Number: 0819CH13.3, which clearly establishes definite price and specifications of material ordered. The person signing is doing so according to the terms and conditions.

Proposed by: Accepted by:

Company:

Total Energy Systems Company: _______________________________

Print Name:

Chris Howard Print Name: _______________________________

Title:

Generator System Specialist Title: _______________________________

Signature: _______________________________

Date: _______________________________

PO Number: _______________________________

Job Name: City of Waupaca

Offer: 0819CH13.3

Quote Number: 0026567196

Version 1.0

08/13/2019

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PLEASE NOTE:

A. Quotation is firm for 60 days. B. Off-loading, installation, insulation, etc. of all associated equipment is not included, unless otherwise stated. C. NETA Testing, if required, is not included and will be completed by others. D. Fuel, fuel piping plans, installation and permitting of tanks or piping, if required, is not included. E. Quotation meets functional intent of specifications, either verbal or written, unless otherwise noted. F. State and/or local permits, where applicable, are not included and must be purchased by owner or installing contractor. G. Videotaping of training is not provided due to liability reasons. TERMS AND CONDITIONS:

TERMS: Payment is: 30% at submittal drawing approval, 60% when equipment is delivered/received to site and 10% at start-up acceptance of system. Unless alternative terms are agreed upon prior to acceptance. CREDIT CARD PAYMENTS: Credit card payments are subject to a processing fee of up to 3%. GENERAL: Stenographical and clerical errors are subject to correction. Orders resulting from quotations become contracts. Any agreement or other understanding, supplementing or modifying the conditions of the contract resulting from our acceptance of an order will not be mutually binding unless made in writing. LIABILITY: We accept orders under the condition that we are not to be liable for losses or delays caused by strikes, accidents, fires or any other cause beyond our control. Damage resulting from improper storage or handling prior to placing products in service will not be considered our liability. We will not assume any responsibility, expense or liability for repairs made without our written consent. We assume no contingent liability for losses sustained by any purchases through the use of any of the products described. RETURNED MATERIAL: No material may be returned without first obtaining written approval, and no claim will be allowed nor credit given for material returned without such written approval. It is your duty to inspect goods within ten days after receipt. SHIPMENT: Our responsibility ceases with the delivery of merchandise in good order to transportation companies. Claims for shortage or damage in transit must be made by the customer against the carrier. In the absence of definite shipping instructions, we reserve the right to ship all material, upon completion, by any public carrier, which in our opinion is satisfactory. TAXES: State and local sales and use taxes and excise taxes, where applicable, are in addition to quoted prices and will be billed unless the purchaser promptly certifies that the goods are for resale or are otherwise exempt. GUARANTEE: As outlined by appropriate manufacturer. STORAGE: Storage can be provided after production completion at $200 per month; terms still apply. CANCELLATION: All orders cancelled after submittal completion are subject to a $500 fee. All orders cancelled after the submittal is approved are subject to cancellation charges of 50% submitted by factory to Total Energy Systems. WARRANTY: All orders must have start up completed within 12 months of delivery or factory warranty could be VOID.

LICENSE REPORT NO. 1493 WE, the Common Council of the City of Waupaca have considered the following license applications and approve the issuance of the license upon meeting the requirements of said license and upon payment of the fees and stipulations provided by ordinances: OPERATOR'S LICENSES: 2019– 2020

ALL LICENSES PENDING BACKGROUND CHECK AND PAYMENT OF ANY FINES OWED TO THE CITY

Ronnie  Beyer  701 S Pine St  Weyauwega 

Katlin  Hansen  N2209 Smith Rd  Waupaca 

Julie  Schultz  N3344 Covered Bridge Rd  Waupaca 

Jacob  Waller  833 Woodland Circle  Waupaca 

Christopher  Zepplin  E1221 Mertl Lane  Waupaca 

** Pending payment of money owed to city of Waupaca DATED: March 3, 2020