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OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS,CITY HALL WOSHKOSH,WISCONSIN Oshkosh JULY 23, 2019 NOTE. The Common Council will be meeting at 5:00 p.m. for a Discussion of Board & Commissions & Updated Alternate Ordinance (Room 404) CALL TO ORDER: (6:00 pm) Voting First: Council Member Allison-Aasby A. ROLL CALL B. INVOCATION C. PLEDGE OF ALLEGIANCE D. INTRODUCTION OF CITY STAFF Mark Lyons, Planning Services Manager Steve Tomasik, Transit Operations Manager E. PRESENTATION Pioneer Redevelopment by Tim Hess F. CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only.Statements are limited to five(5)minutes;must address items that are not listed on the Council meeting agenda,are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting,and must not include endorsements of any candidates or other electioneering) G. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion) 1. Report of Bills by the Finance Director 2. Receipt & Filing of Common Council Minutes from June 25th&July 9th 2019 3. Receipt of Claims filed with the City's Insurance Company: A) David Stamborski for alleged damages to his vehicle from street repairs B) Brittany Summer for alleged damages from vehicle accident involving a City bus NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL -JULY 23, 2019 CONSENT AGENDA CONTINUED 4. Res 19-403 Approve Amendment to 2018 Capital Improvement Program (CIP) Budget-Rainbow Memorial Park Ball Field Improvement Fund in the amount of$15,000.00 5. Res 19-404 Approve Amendments to 2019 Operations Budget for: A) Museum Membership $3000.00 B) Street Tree Fund $18,000.00 6. Res 19-405 Authorize Submittal of Lead Based Hazard Reduction Grant to HUD 7. Res 19-406 Award Bid to Vermeer, Wisconsin for Trencher/Backhoe for Electric Division ($89,233.00) 8. Res 19-407 Award Bid to Fairchild Equipment for Industrial Forklift for Wastewater Treatment Plant ($29,895.00) 9. Res 19-408 Award Bid to Midland Engineering Co. Inc. for Carriage House Roof Replacement for Oshkosh Public Museum ($384,700.00) 10. Res 19-409 Approve Professional Services Proposal to Lee Recreation, LLC for Playground Design & Installation for Menominee Park Little Oshkosh Replacement ($495,000.00) 11. Res 19-410 Approve Professional Services Agreement for Design Changes, Bidding Assistance, Environmental & Field Inspection Services for the Construction of City Contract No. 19-02 Jeld-Wen Stringham Watershed Outfall Reconstruction/AECOM Technical Services, Inc. ($121,805.00) 12. Res 19-411 Approve Amendment to Professional Services Agreement for Storm Water Management Plan for Gallups/Merritts Creek Watershed/Brown & Caldwell ($13,975.00) 13. Res 19-412 Approve Special Event-Badger State Outboard Association to utilize Menominee Park Millers Bay for the Shake the Lake Hydroplane Races/August 31, 2019 14. Res 19-413 Approve Special Event-Oshkosh Senior Softball to utilize Reetz Softball Complex at Menominee Park for the Badger Classic Senior Softball Tournament/ September 5 -8, 2019 15. Res 19-414 Approve Special Event-First Congregational Church to utilize Brown Street for the FCC Fall Fun Fest/September 8, 2019 16. Res 19-415 Approve Special Event-Trinity Lutheran Church & School to utilize Menominee Park for the Make a Joyful Noise event/ September 14 & 15, 2019 NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL —JULY 23,2019 CONSENT AGENDA CONTINUED 17. Res 19-416 Approve Special Event-Cool Events, LLC to hold the Bubble Run 5K on the Experimental Aircraft Association (EAA) grounds/ September 21, 2019 18. Res 19-417 Approve Special Event-Community for Hope to Menominee Park & City streets for the 5K Walk-Run for Suicide Awareness/September 21, 2019 19. Res 19-418 Approve Special Event- Special Olympics Wisconsin to utilize City streets for the Run with the Cops 5K/October 3, 2019 20. Res 19-419 Approve Special Event-Labor of Love d/b/a Bella Medical Clinic to utilize City streets & South Park for the Walk for Life event/October 5, 2019 21. Res 19-420 Approve Special Event-Boys & Girls Club Oshkosh to hold Doctoberfest at Dockside Tavern & to utilize City streets & Riverwalk for their 2K Bier Run/October 5, 2019 22. Res 19-421 Approve Special Event-Downtown Oshkosh Business Improvement District (BID) to utilize City streets for the Downtown Oshkosh Trick or Treat/October 30, 2019 23. Res 19-422 Approve Special Event-Downtown Oshkosh Business Improvement District (BID) to utilize Opera House Square & City streets for the Downtown Whoville Holiday event / November 23, 2019 24. Res 19-423 Approve Block Party-Jenifer Jensen to utilize Crane Street between Wilson Avenue & the cul-du-sac for their neighborhood block party/August 6, 2019 25. Res 19-424 Approve Block Party-Tom Haanen to utilize W. 15th Avenue between Minnesota Street & Iowa Street for their neighborhood block party/August 6, 2019 26. Res 19-425 Approve Block Party-Lisa Helbing to utilize W Nevada Avenue between Jackson Street &Wisconsin Street to hold their neighborhood block party/August 6, 2019 27. Res 19-426 Approve Block Party-Joseph Butler to utilize Evans Street between Mallard Avenue & Greenwood Court to hold their neighborhood block party/August 6, 2019 28. Res 19-427 Approve Block Party-Becca Cherwin to utilize Woodstock Street from Fox Trail Lane to the intersection of Monclair Place & Bernheim Street to hold their neighborhood block party/ August 24, 2019 NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL —JULY 23,2019 CONSENT AGENDA CONTINUED 29. Res 19-428 Update Designation of Authorized Individuals for City Investment Transfers 30. Res 19-429 Approve Appointment to the Extraterritorial Zoning Committee 31. Res 19-430 Approve Appointment to the Extraterritorial Zoning Committee 32. Res 19-431 Approve Appointment to the Extraterritorial Zoning Committee 33. Res 19-432 Approve Special Class "B" Licenses, Operator Licenses & Taxi-Cab Driver Licenses H. ITEMS REMOVED FROM CONSENT AGENDA L PENDING ORDINANCES: 34. Ord 19-433 Establish Street Grades/North Koeller Street & North Westfield Street 35. Ord 19-434 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) 215 Church Avenue 36. Ord 19-435 Approve Amendments to Chapter 11 Electrical Code of the City of Oshkosh Municipal Code 37. Ord 19-436 Create Chapter 21 of the Oshkosh Municipal Code Pertaining to Public Construction & Services/Methods of Payment/ Special Charges/Special Assessments/Transportation Utility Fee &Amending Portions of Chapter 14 Storm Water Management, Chapter 24 Wastewater Systems, Chapter 25 Streets & Sidewalk & Chapter 28 Water Pertaining to Public Construction & Services & Methods of Payment NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL —JULY 23,2019 J. NEW ORDINANCES: (Note: a * designation means that no formal action is anticipated to be taken on this item at this meeting) * 38. Ord 19-437 Approve Amendment to Chapter 19 Section 19-4(T) of the City of Oshkosh Municipal Code Defining Bowen Street Fishing Dock Park * 39. Ord 19-438 Designate Bike Lanes & Restrict Parking on Portions of North Westfield & North Koeller Streets * 40. Ord 19-439 Approve Temporary Closure of Harrison Street from Nicolet Avenue to East Packer Avenue 41. Ord 19-440 Approve Request to Attach to the City from Town of Black Wolf /McFarlane Voluntary Attachment; 167 West Waukau Ave (Petitioner Requests Waiving of 2nd reading) K. NEW RESOLUTIONS: 42. Res 19-441 Approve Specific Implementation Plan for Fencing at 215 Church Avenue (Plan Commission Recommends Approval) 43. Res 19-442 Approve Tax Increment District No. 37 Project Plan; Designate Tax Increment District No. 37 Boundaries; Create Tax Increment District No. 37 Aviation Plaza Redevelopment 44. Res 19-443 Approve Amendment to 2019 Operations Budget for TIF 37 Aviation Plaza ($35,000.00) 45. Res 19-444 Establish 2019 Transportation Utility Fees L. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS 46. Future Agenda Items: A) 1st Budget Workshop —July 31s' @ 5:00 p.m. (Room 404) B) Workshop on Policy for Acquiring & Disposing of Real Estate —August 131h @ 5:00 p.m. C) 2nd Budget Workshop —August 21s' @ 5:00 p.m. (Room 404) M. CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only.Statements are limited to five(5)minutes;must address items that are not listed on the Council meeting agenda,are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting,and must not include endorsements of any candidates or other electioneering) N. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL —JULY 23,2019 O. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 47. Status of Outstanding Issues A) Oshkosh Corporation Update & Public Improvements; Tax Increment Finance Plan & Timeline P. ADJO URN NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. City Apr Oshkosh TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorne �� DATE: July 18, 2019 RE: Workshop on Boards & Commissions For the Council workshop prior to the regular meeting next Tuesday, please find attached excerpts of the Municipal code pertaining to the rules for Council, Boards and Commissions as well as the draft ordinance permitting the appointment of alternates to city boards and commissions, as well as copies of the rules adopted under Chapter 2 for the Council and for the boards and commissions for your reference, if needed during the workshop. JULY 23, 2019 19-xxx ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE APPOINTMENT OF ALTERNATES TO CITY BOARDS AND COMMISSIONS INITIATED BY: CITY COUNCIL A GENERAL ORDINANCE CREATING SECTION 2-36(L) OF THE OSHKOSH MUNICIPAL CODE AND REPEALING VARIOUS PROVISIONS IN ARTICLE VI, DIVISION 2 OF CHAPTER 2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE APPOINTMENT OF ALTERNATES TO CITY BOARDS AND COMMISSIONS. WHEREAS, the Common Council of the City of Oshkosh finds that the appointment of alternates to serve on the City's Boards and Commissions promotes education about boards and commissions and increased involvement in local government and allows for establishment of quorums associated with absences by members improving efficiency in local government; and WHEREAS, State statutes allow the City to alter the membership of boards and commissions with limited exceptions. NOW, THEREORE, THE COMMON COUNCIL OF THE CITY OF OSHKOSH do ordain as follows: SECTION 1. That Section 2-36(L) of the Oshkosh Municipal Code pertaining to the appointment of alternate members for the City's Boards and Commissions is hereby created to read as follows: (L) The Mayor, subject to Council approval, may appoint up to two (2) alternates to any board or commission except the Police and Fire Commission, the Library Board or as otherwise may be prohibited by law. Without regard to the length of term for other members of the Board or Commission, the term for each alternate member shall be two (2) years. Alternates shall be authorized to act in the place of and shall have all authority and responsibility to act as a member of the board or commission in the absence or upon the recusal of any regular member of the board or commission. JULY 23, 2019 19-xxx ORDINANCE FIRST READING CONT'D. SECTION 2. Upon adoption of this ordinance creating section 2-36(L) all current provisions pertaining to alternates within Article VI, Division 2 Boards and Commissions shall be hereby repealed. This ordinance shall not be interpreted to remove any person currently appointed as an alternate for any board or commission and such persons shall be permitted to serve for the remainder of their term of appointment. Upon expiration of any current term, new appointments shall be made in compliance with this ordinance. SECTION 3. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 4. Publication Notice. Please take notice that on July 23, 2019 the City of Oshkosh enacted ordinance #19-XXX APPROVE APPOINTMENT OF ALTERNATES TO CITY BOARDS AND COMMISSIONS(A GENERAL ORDINANCE CREATING SECTION 2-36(L) OF THE OSHKOSH MUNICIPAL CODE AND REPEALING VARIOUS PROVISIONS IN ARTICLE VI,DIVISION 2 OF CHAPTER 2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE APPOINTMENT OF ALTERNATES TO CITY BOARDS AND COMMISSIONS). This ordinance creates a general ordinance allowing the Mayor, subject to Council approval, to appoint up to two (2) alternate members to any board or commission in the City, except the Police and Fire Commission and the Library Board. The ordinance also repeals various provisions currently in place for individual boards and commissions pertaining to the appointment of alternate members. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. Council-Excerpts from Chapter 2 of the Oshkosh Municipal Code SECTION 2-11 DUTIES OF THE MAYOR The Mayor shall be the presiding officer of the Council and shall have a vote but no veto power. It shall be the general duty of the Mayor or other presiding officer: (A) Preside at Meetings To open the session at the time fixed for the meeting,or at the time to which adjournment may be had, by taking the chair and calling the members to order. (B) Announcement of Quorum To announce or to have announced, at the conclusion of the roll call, the fact of the presence of a quorum or not, as the case may be. (C) Presentation of Business. To announce or to have announced,the business before the Council in the order in which it is to be acted upon. (D) Receive Motions. To receive and submit, in proper manner, all motions and propositions presented by members. (E) Supervision of Voting To put to a vote the questions which are regularly moved or which necessarily arise in the course of the proceedings, and to announce or to have announced the result. (F) Enforce Rules of Order To restrain the public and members of the Council within the rules of order while the Council is meeting and engaged in debate. (G) Rule on Points of Order To rule on any point of order or practice, subject to an appeal by any member. (H) Issue Proclamations To issue all proclamations. (I) Appointments To appoint,subject to Council approval,members to the various Boards and Commissions within the City. SECTION 2-16 RULES OF ORDER AND PROCEDURE (E) Voting Procedures An aye and no vote shall be called with the Mayor of the Council being called last, and recorded on the vote of every ordinance, resolution and expenditure of money and shall be taken upon any other matter requested by a Council Member. In the event that a Council Member declines to vote,the Clerk shall record the vote in the affirmative,except that a Council Member may vote "present" and have the vote recorded as "present" upon giving an explanation as to the reasons for so doing. A majority vote of all members of the Council shall be necessary to adopt any ordinance or resolution, except where a greater number is required by law. [Statutory Reference§64.07(3) Wis. Stats.] (G) Rules of Order The Council shall be governed by such rules of order as the Council may adopt from time to time, as may be necessary for the efficient conduct of its business. The most recent version of Roberts Rules of Order may be used for guidance if a matter is not addressed within the Council's adopted Rules of Order. Every member shall address the presiding officer before speaking and shall not be interrupted except by a call to order. (H) Suspension of Rules of Order and Procedure These rules or Council rules adopted under this authority,may be temporarily suspended at any meeting by a two-thirds vote of all members of the Council. The vote shall be ayes and noes and shall be so recorded. (I) Amendment of Rules These rules shall not be changed, amended or repealed unless the proposition or amendment is introduced in writing at a regular meeting and the same is laid over for consideration to a subsequent meeting with at least two weeks intervening. Boards and Commissions Rules-Chapter 2 Oshkosh Municipal Code ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS DIVISION 1. GENERAL PROVISIONS SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION Unless specifically modified elsewhere in this Code, the following provisions shall apply to all boards or commissions of the City of Oshkosh: (A) Notwithstanding anything to the contrary contained within this Municipal Code, terms for all citizen advisory boards, commissions and committees, whether enumerated in this Chapter or elsewhere in this Code, shall begin on June 1 and shall terminate on May 31 of the respective year; except that the terms for Board of Review shall begin on May 1 and shall terminate on April 30 of the respective year. (B) Except for boards and commissions specifying a particular membership by the person s position or title and members of the Library Board and BID Board, all persons appointed to or serving as a member of a standing board or commission of the City shall be residents of the City of Oshkosh. A vacancy is created whenever a member who is required under this section to be a resident of the City of Oshkosh ceases to be a resident of the City of Oshkosh. (C) Individuals shall serve on no more than two (2) boards or commissions for the City of Oshkosh. (D) In order to provide continuity, appointments to boards and commissions shall be made upon a staggered basis so that a proportionate share of each board or commission is initially appointed for staggered terms and thereafter appointed for full terms. (E) Boards and commissions shall hold regular meetings at a regular time and place as fixed by the board or commission. Special meetings may be called by the chairperson upon written notice to the members. Meetings shall be duly and properly noticed and open to the public as provided by law. (F) Boards and commissions shall generally be governed by such rules of order as the Council may adopt from time to time as may be necessary for the efficient conduct of business. Boards and commissions may, in addition to those general rules, adopt specific rules for their governance and procedures as may be appropriate for the conduct of business before the individual board or commission. The most recent version of Roberts Rules of Order may be used for guidance if a matter is not addressed within the adopted Rules of Order. (G) Each board and commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the secretary of the board or commission or with the City Clerk and shall be public records. Minutes of the meetings shall be forwarded to the City Council. (H) Each board and commission shall elect from its membership a chairperson who shall preside at all meetings and a vice chairperson who shall exercise the powers of chairperson in the absence or disability of the chairperson. Each shall serve one-year terms, until a successor is elected and qualified. (I) No compensation shall be paid to any board or commission member for service as such, but members may be reimbursed for actual and necessary expenses incurred in performing related duties outside the City if so authorized by the board or commission and approved by the City Manager. (J) A majority of the membership shall constitute a quorum. A lesser number may adjourn. A majority vote of those members present and voting shall be necessary to adopt any motion. (K) The Mayor, subject to Council approval, or the chairperson, subject to board or commission approval, may establish subcommittees for specific purposes as determined by the Council, or the board or commission. These general provisions shall apply to all subcommittees. 4& Oshkosh Common Council Rules of Order Oshkosh Adopted August 8, 2017 Rules of Council Procedure I. Rules of Decorum A. Adoption of Civility Pledge. All participants in Council meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270. B. General Rule of Decorum. No person shall personally attack a council member, city official, city employee or any other person. For purposes of this section personal attacks shall include comments directed at a particular person or persons which pertain to any matter that is unrelated to the performance of official duties or the conduct of city business, are threatening, slanderous, defamatory or obscene or are of such a nature that the comments disrupt the meeting or cause a disturbance. No person shall make irrelevant, unduly repetitious, offensive, threatening, slanderous, defamatory, or obscene remarks or act in such a manner as to disrupt or disturb the orderly conduct of any meeting, including handclapping, stomping of feet, whistling, shouting or other demonstrations. Any person violating this provision shall be called to order by the Mayor. If the conduct continues, the Mayor may order the person removed and the Council may make a fact finding whether such behavior was outside the scope and content of the council rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. C. Prohibited Items. 1 . Firearms and ammunition of any type 2. Knives, blades, razors, edged or sharp objects and striking devices 3. Mace or pepper spray 4. Illegal drugs or substances 5. Explosives and flammable substances 6. Noisemakers II. Rules pertaining to Individuals addressing the Council A. Individuals speaking to the Council regarding agenda items are limited to one appearance per person of no more than five (5) minutes per agenda item. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) 1 . In order to facilitate public input and the flow of the Council meeting, members of the public wishing to address Council on agenda items shall complete a "Speaker Registration Form" at the electronic kiosk outside the Council Chambers, or may complete the Form through other electronic methods made available by the City of Oshkosh. This form will be made available prior to and during the Council meeting. Members of the public shall be called to speak in the order that requests are received, unless Council decides otherwise. One form shall be required for each agenda item. If the speaker has any handout to provide Council, handouts shall be submitted to a city staff member for distribution to Council. Accommodations may be permitted by Council due to technical difficulties with completing the electronic form, or to accommodate needs of the public wishing to address Council. B. Citizen Statements. 1. Individuals speaking to the Council under the heading "Citizen Statements to Council" are limited to five (5) minutes. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) 2. Individuals may address the Council only and must address items that are not listed on the Council meeting agenda, except for those items listed under City Manager or Council Member Statements. 3. In order to facilitate the flow of the Council meeting, members of the public wishing to address Council under Citizen Statements shall complete a "Speaker Registration Form" at the electronic kiosk outside the Council Chambers, or may complete the Form through other electronic methods made available by the City of Oshkosh. This form will be made available prior to and during the Council meeting. Members of the public shall be called to speak in the order that requests are received, unless Council decides otherwise. If the speaker has any handout to provide Council, handouts shall be submitted to a city staff member for distribution to Council. Accommodations may be permitted by Council due to technical difficulties with completing the electronic form, or to accommodate needs of the citizen wishing to address Council. 4. Statements are limited to issues that have an impact on the City of Oshkosh and that the Common Council may address at a future meeting. 5. Statements must not include endorsements of any candidates or other electioneering. III. Rules pertaining to Timing of Submissions for Inclusion on Council Agendas and Attendance/Excusal from Meetings A. Council Members must have agenda items submitted no later than 12.00 noon on the day prior to the Council meeting. Council members should keep in mind that additional time may be needed to work with staff to put items into resolution or ordinance form or if clarifications are necessary; and that items submitted after the Wednesday prior to the Council meeting will not be included in the agenda that is published on the Friday prior to the Council meeting. B. Council members shall inform the City Clerk no later than 12.00 noon on the day prior to the Council meeting of any Council Member Statements that they intend to make at the Council Meeting. C. To be considered an excused absence from a Council Meeting a Council Member must give notice to the Mayor and City Clerk prior to the meeting's start time. IV. Rules pertaining to Council Members speaking to items on the Agenda A. Using the "Request to Speak" technology available, the Mayor shall generally recognize Council Members' request to speak in the order that such requests are received. Council Members shall use proper discretion and decorum in limiting their questions or comments to the issue at hand and to provide an opportunity for their colleagues to participate in the discussion at hand. The Mayor shall determine if the Council member should yield the floor to a colleague to continue discussion. When two or more members simultaneously seek recognition, the Mayor or other presiding officer shall name the order of the members who are to speak. B. Council members speaking under the heading "Council Member Announcements, Statements & Discussion" are limited to five (5) minutes and must not include endorsements of any candidates or other electioneering. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) V. Rules pertaining to Conduct of the Council Meeting/Motions The following chart is adopted to govern the most common motions and actions to be taken at Council Meetings. The Council chooses not to be strictly governed by Robert's Rules of Order, but where the actions listed below or other provisions of these Rules do not govern a particular issue, the most recent version of Roberts Rules of Order may be used for guidance. Control of the Agenda Action Second Debatable2 Amendable Vote Required Required3 Withdraw from Agenda' Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Yes No No 2/3 Order, Change the Agenda Order Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Debatable2 Amendable Vote Required Required3 Adopt an Ordinance or Resolution, Yes Yes Yes Majority of all §64.07(3) Wis. Stats. members (4 members) Other Original Motions (new business) Yes Yes Yes Majority Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, with Consent by No No None consent of the Second) Second Layover(Table) until a time certain Yes No No Majority Take an item off the Table Yes No No 2/3 Suspend Rules and Adopt an Ordinance Yes No No 2/3 on First Reading Limiting 1 Extending or Ending Debate Action Second Debatable2 Amendable Vote Required Required3 Call for the Question (Close Debate)—no No No No None objection raised Call for the Question (Close Debate)— No No No 2/3 objection raised Limit or Extend Debate Yes No Yes 2/3 Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting has convened only the Council may withdraw items from the agenda. Z By Council Rule, every Motion before the Council is debatable. 3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting. By statute a majority vote of all members of the Council is required to adopt any ordinance or resolution. §64.07(3)Wis. Stats. Changing Previous Actions Action Second Debatable2 Amendable Vote Required Required3 Amend Previously Adopted Motion Yes Yes Yes Majority with Notice; 2/3 without prior Notice Reconsider(member of the prevailing side Yes Yes No Majority may request the body to reconsider its previous action -- must be made during the same meeting or the next succeeding regular meeting) Rescind (repeal/reverse a prior action) Yes Yes Yes Majority with Notice; 2/3 without prior Notice Questions/Concerns and Other Issues Outside Substance of Debate Action Second Debatable2 Amendable Vote Required Required3 Point of Order(if rules are not being No No No Chair Rules observed) Parliamentary Inquiry (help with No No No Chair parliamentary procedure, how to do provides something) assistance Point of Information (to ask a question) No No No Chair obtains answer Question of Privilege (some person or No No No Chair directs thing is interfering with the deliberative corrective process, ie. too noisy, too hot or cold, action belligerent person or member) Appeal Chair's Decision Yes Yes No Majority Z By Council Rule, every Motion before the Council is debatable. 3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting. By statute a majority vote of all members of the Council is required to adopt any ordinance or resolution. §64.07(3)Wis. Stats. Ending a Meeting Action Second Debatable2 Amendable Vote Required Required3 Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not end Yes No Yes Majority meeting) Adjourn Sine Die (adjourn without future Yes No Yes Majority date—used to end/close the session of Council prior to seating of new Council upon election) Selection of Officers or Temporary Chair, if required Action Second Debatable2 Amendable Vote Required Required3 Nominations No No No None Close Nominations (by Declaration of Yes No Yes 2/3 Chair or by Motion) (if by motion) Election of Nominees No Yes No Majority Reopen Nominations Yes No Yes Majority Temporary Selection of Chair in absence or disability of Chair and Vice may be done by selection of the Chair and Consent of Board Z By Council Rule, every Motion before the Council is debatable. 3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting. By statute a majority vote of all members of the Council is required to adopt any ordinance or resolution. §64.07(3)Wis. Stats. Motions. No motion requiring a second shall be discussed or acted upon unless and until it has received a second. Motions may be withdrawn by the person making the same, if the motion has received a second, then the person seconding the motion must also consent to the withdrawal of the motion. Motions may only be amended by another motion and second (There shall be no "friendly amendments" to motions) or by withdrawal of the motion and a new motion made. Actions/Motions in Order during Debate. When a question is under debate, no other action or motion shall be in order, except: 1) Questions/Concerns and Other Issues Outside the Substance of Debate as identified within the table above; 2) To recess; 3) To adjourn; 4) To lay the matter over to a specific date or to be returned to the Council upon the occurrence of a specific event; 5) To Call the Question; 6) To refer to a Board or Commission for additional review or action; 7) To Divide the Issue; 8) To Amend; or 9) To withdraw the motion. The items listed above shall have precedence in the order in which they are listed. Vote Change. A member shall only be permitted to change his/her vote upon a matter at the time their name is called by the Clerk and no member shall be permitted to change his/her vote on a matter once a succeeding member has cast his/her vote. Motions to Lay Over shall include Date or Time Frame for Action. Motions to lay over shall include a specific date to be returned to the Council or shall require return to the Council upon a specific occurrence within a specified time frame. Except for matters which may be approved by operation of law if not acted upon by Council, if the occurrence shall not happen within the specified time frame, the City Clerk shall notify the Council at the end of the time frame that the matter shall not be brought forward and make appropriate notation to the minutes of the meeting during which the matter was laid over. Upon notice of non-action by the City Clerk, any Council member may request that the matter be placed upon the next Council agenda for report or official action. Reconsideration. Except as action may have already been taken in reliance upon the council's approval/disapproval of an item, any member who voted with the prevailing side on any question may move for reconsideration of a vote at the same meeting or at the next succeeding regular meeting of the Council by notifying the City Clerk of the member's request to have the reconsideration included on the Agenda for the next succeeding regular meeting. A motion to reconsider having been put and lost shall not be renewed by the same or any other member. Termination of Debate / Calling the Question. Any member wishing to terminate debate may move the previous question (call the question). The Mayor or other presiding officer shall ask whether there is any objection to calling the question. If no objection is voiced, then the Clerk shall record unanimous consent to terminate the debate. If an objection is voiced, a roll call vote shall be taken and 2/3 of members present shall be required to terminate the debate. If debate is terminated, the question, including any pending amendments, before the Council shall be taken without further debate. Use of Unanimous Consent. Unanimous Consent shall only be used for termination of debate, motions to adjourn, motions to recess and for elections for Deputy Mayor or Temporary Chair when there shall be only one member put forward for election. Amendment of these Rules. These Rules may be amended or new rules adopted upon proper notice by a majority of all members at any meeting of the Council. Suspension of the Rules. A vote of two-thirds of the members present will suspend any Rule of the Council. VI. Rules pertaining to Duties of the Deputy Mayor The Deputy Mayor shall be responsible for ensuring that the annual evaluation of the City Manager is accomplished and the goals for the City Manager are developed and approved annually. Oshkosh Board and Commission General Rules of Order Oshkosh Adopted March 14, 2017 Rules of Procedure I. Rules of Decorum A. Adoption of Civility Pledge. All participants in city meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270. B. General Rule of Decorum. No person shall personally attack a council member, board or commission member, city official, city employee or any other person. For purposes of this section personal attacks shall include comments directed at a particular person or persons which pertain to any matter that is unrelated to the performance of official duties or the conduct of city business, are threatening, slanderous, defamatory or obscene or are of such a nature that the comments disrupt the meeting or cause a disturbance. No person shall make irrelevant, unduly repetitious, offensive, threatening, slanderous, defamatory, or obscene remarks or act in such a manner as to disrupt or disturb the orderly conduct of any meeting, including handclapping, stomping of feet, whistling, shouting or other demonstrations. Any person violating this provision shall be called to order by the Presiding Officer. If the conduct continues, the Presiding Officer may order the person removed and the Board or Commission may make a fact finding whether such behavior was outside the scope and content of the rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. II. Rules pertaining to Individuals addressing Boards and Commissions Boards and Commissions may make such rules pertaining to individuals addressing matters coming before the board or commission or to individuals making general statements to the board or commission as the members thereof may determine. III. Attendance/Excusal from Meetings Except in the case of emergency, to be considered an excused absence from a meeting a members of boards or commissions must give notice to the staff person assigned to the board or commission at least 24 hours prior to the meeting's start time. Prior notice allows for notification to alternate members or for cancellation and rescheduling of meetings in those cases where a quorum of members may not be present. IV. Rules pertaining to Conduct of the Meetings/Motions The following chart is adopted to govern the most common motions and actions to be taken at board and commission meetings. The Council has chosen not to be strictly governed by Robert's Rules of Order, but where the actions listed below or other provisions of these Rules do not govern a particular issue, the most recent version of Roberts Rules of Order may be used for guidance. Control of the Agenda Action Second Debatable Amendable Vote Required Required2 Withdraw from Agenda' Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Yes No No 2/3 Order, Change the Agenda Order Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Debatable Amendable Vote Required Required2 Original Motions (items of business) Yes Yes Yes Majority Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, with Consent by No No None consent of the Second) Second Layover(Table) until a time certain Yes No No Majority Take an item off the Table Yes No No 2/3 Limiting/ Extending or Ending Debate Action Second Debatable Amendable Vote Required Required2 Call for the Question (Close Debate)—no No No No None objection raised Call for the Question (Close Debate)— No No No 2/3 objection raised Limit or Extend Debate Yes No Yes 2/3 Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting has convened only the Committee may withdraw items from the agenda. Z Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Changing Previous Actions Action Second Debatable Amendable Vote Required Required2 Amend Previously Adopted Motion Yes Yes Yes Majority with Notice; 2/3 without prior Notice Reconsider(member of the prevailing side Yes Yes No Majority may request the body to reconsider its previous action -- must be made during the same meeting or the next succeeding regular meeting) Rescind (repeal/reverse a prior action) Yes Yes Yes Majority with Notice; 2/3 without prior Notice Questions/Concerns and Other Issues Outside Substance of Debate Action Second Debatable Amendable Vote Required Required2 Point of Order(if rules are not being No No No Chair Rules observed) Parliamentary Inquiry (help with No No No Chair parliamentary procedure, how to do provides something) assistance Point of Information (to ask a question) No No No Chair obtains answer Question of Privilege (some person or No No No Chair directs thing is interfering with the deliberative corrective process, ie. too noisy, too hot or cold, action belligerent person or member) Appeal Chair's Decision Yes Yes No Majority Z Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Ending a Meeting Action Second Debatable Amendable Vote Required Required2 Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not end Yes No Yes Majority meeting) Selection of Officers or Temporary Chair, if required Action Second Debatable Amendable Vote Required Required2 Nominations (call 3 times) No No No None Close Nominations (by Declaration of Yes No Yes 2/3 Chair or by Motion) (if by motion) Election of Nominees No Yes No Majority Reopen Nominations Yes No Yes Majority Temporary Selection of Chair in absence or disability of Chair and Vice may be done by selection of the Chair and Consent of Board Z Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Motions. No motion requiring a second shall be discussed or acted upon unless and until it has received a second. Motions may be withdrawn by the person making the same, if the motion has received a second, then the person seconding the motion must also consent to the withdrawal of the motion. Motions may only be amended by another motion and second (There shall be no "friendly amendments" to motions) or by withdrawal of the motion and a new motion made. Actions/Motions in Order during Debate. When a question is under debate, no other action or motion shall be in order, except: 1) Questions/Concerns and Other Issues Outside the Substance of Debate as identified within the table above; 2) To recess; 3) To adjourn; 4) To lay the matter over to a specific date or to be returned to the Committee upon the occurrence of a specific event; 5) To Call the Question; 6) To Divide the Issue; 7) To Amend; or 8) To withdraw the motion The items listed above shall have precedence in the order in which they are listed. Vote Change. A member shall only be permitted to change his/her vote upon a matter at the time their name is called by the secretary to the committee and no member shall be permitted to change his/her vote on a matter once a succeeding member has cast his/her vote. Motions to Lay Over shall include Date or Time Frame for Action. Motions to lay over shall include a specific date to be returned to the body or shall require return upon a specific occurrence within a specified time frame. If the occurrence shall not happen within the specified time frame, the staff person assigned to the board or commission shall notify the committee at the end of the time frame that the matter shall not be brought forward and make appropriate notation to the minutes of the meeting during which the matter was laid over. Reconsideration. Except as action may have already been taken in reliance upon the prior approval/disapproval of an item, any member who voted with the prevailing side on any question may move for reconsideration of a vote at the same meeting or at the next succeeding regular meeting of the committee by notifying the staff person assigned to the committee of the member's request to have the reconsideration included on the Agenda for the next succeeding regular meeting. A motion to reconsider having been put and lost shall not be renewed by the same or any other member. Termination of Debate / Calling the Question. Any member wishing to terminate debate may move the previous question (call the question). The presiding officer shall ask whether there is any objection to calling the question. If no objection is voiced, then the secretary shall record unanimous consent to terminate the debate. If an objection is voiced, a roll call vote shall be taken and 2/3 of members present shall be required to terminate the debate. If debate is terminated, the question, including any pending amendments, shall be taken without further debate. Use of Unanimous Consent. Unanimous Consent shall only be used for termination of debate, motions to adjourn, motions to recess and for elections for Chair or Temporary Chair when there shall be only one member put forward for election. Suspension of the Rules. The committee shall not be permitted to suspend any rule adopted by the Council and applicable to the committee. A vote of two-thirds of the members present may suspend the order of business or any rule adopted by the committee. AS WE GATHER TONIGHT, WE ARE GRATEFUL FOR THE GOOD THINGS THAT HAVE COME TO THIS CITY. MAY OUR DECISIONS ALWAYS BE ONES THAT ARE FOR THE WELL-BEING OF ALL WHOM WE GOVERN. City Oshkosh To: City Manager and Members of the Common Council From: Jennifer L Messerschmidt,Assistant Director of Finance Date: July 23,2019 RE: Bills and payroll presented for approval The items below are being presented for approval by the Council. These items have been properly audited and certified to by the City Comptroller and are herewith submitted for your allowance in the amount of $4,271,348.73 Bills paid July 12 and 19,2019 3,103,723.56 Payroll paid July 12,2019 1,055,678.71 Regular cycle payables paid throughout the month: Associated Bank- credit card fees June 2019 453.26 Associated Bank- credit card fees July 2019 1,439.80 Bank Card USA- credit card fees July 2019 279.27 WI Dept of Revenue- State payroll taxes PR1912 71,184.80 Benefit Advantage- flex spending pre-funding PR1913 20,610.81 Minute Men HR- Workers Comp June 2019 17,978.52 4,271,348.73 Rctfully submitted, IIPIF �,,_ • Aii._' J li r L Meserschmidt Assistant Finance Director City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT EFT158 07/12/2019 CHEMTRADE CHEMICALS US LLC 5,906.59 EFT159 07/12/2019 DORNER INC 524,059.98 EFT160 07/12/2019 KEMIRA WATER SOLUTIONS INC 5,092.70 EFT162 07/12/2019 PTS CONTRACTORS INC 142,045.84 221721 07/12/2019 GLOBAL WATER TECHNOLOGY INC 905.00 221722 07/12/2019 5 ALARM FIRE &SFTY EQUIP INC 92.46 221722 07/12/2019 ADVANTAGE POLICE SUPPLY INC 284.60 221724 07/12/2019 AIRGAS USA LLC 5,872.27 221725 07/12/2019 AL DIX CONCRETE 605,619.45 221726 07/12/2019 AILS PRINTING 855.00 221727 07/12/2019 ASPEN DENTAL 147.00 221728 07/12/2019 ASSOCIATED BANK OF OSHKOSH 490.00 221729 07/12/2019 ASSURANCE TITLE 28.92 221720 07/12/2019 AT&T 2,068.21 221721 07/12/2019 BEACON ATHLETICS 2,626.00 221722 07/12/2019 BINDERJOSHUA/TERRY 26.98 221722 07/12/2019 BJ CUSTOM GRAPHICS 1,807.87 221724 07/12/2019 CALERO SOFTWARE LLC 1,020.60 221725 07/12/2019 CANDEO CREATIVE LLC 468.00 221726 07/12/2019 CAREW CONCRETE &SUPPLY INC 526.75 221727 07/12/2019 CARRICO AQUATIC RESOURCES INC 6,069.29 221728 07/12/2019 CARYN BEHLMAN 286.28 221729 07/12/2019 CENTURYLINK 51.94 221740 07/12/2019 CHRIS HAEDT 79.46 221741 07/12/2019 CINTAS CORPORATION 716.08 221742 07/12/2019 CLASSIC STITCHES 516.00 221742 07/12/2019 CLOSING &TITLE SERVICES LLC 77.26 221744 07/12/2019 COMMON SCHOOL FUND 241.05 221745 07/12/2019 CORE AND MAIN LP 612.10 221746 07/12/2019 DEANA BRANDL 28.50 221747 07/12/2019 DIGICORP INC 417.20 221748 07/12/2019 DR HANSEN PLUMBING 9,000.00 221749 07/12/2019 ENVIRONET INC OF WISCONSIN 4,775.00 221750 07/12/2019 ERICJ EGAN 50.49 221751 07/12/2019 EXPERT TOWING & RECOVERY 78.00 221752 07/12/2019 EZ GLIDE GARAGE DOORS & OPENER 560.00 221752 07/12/2019 FEH DESIGN 682.00 221754 07/12/2019 FIRELINE SPRINKLER CORPORATION 210.00 221755 07/12/2019 FOX VALLEY SAVINGS BANK 506.68 221756 07/12/2019 GABERT PROPERTIES ILL, C 92.84 221757 07/12/2019 BOB GRIFFIN CARPENTRY LLC 5,245.00 221758 07/12/2019 THE GROUNDS GUYS 2,150.00 221759 07/12/2019 HACH COMPANY 9,867.00 221760 07/12/2019 HOLIDAY WHOLESALE 8,789.68 221761 07/12/2019 INDIAN SPRINGS MFG CO INC 516.96 221762 07/12/2019 JENNIFER L MESSERSCHMIDT 22.14 221762 07/12/2019 JEFF NELSON 10.17 221764 07/12/2019 JEREMY KRUEGER 10.00 221765 07/12/2019 JOHN FABICK TRACTOR CO 69,255.00 221766 07/12/2019 JOHN FITZPATRICK 185.22 221767 07/12/2019 JUSTIFACTS CVS INC 792.10 221768 07/12/2019 A. KALMERTON WELDING SUPPLIES 214.65 221769 07/12/2019 KAPLANJEFFREY 42.99 221770 07/12/2019 KATRINA MALSON 97.44 221771 07/12/2019 KENNETH LGRESSER 71.24 221772 07/12/2019JANINE M KING 228.00 221772 07/12/2019 KLB PROPERTIES LLC 68.98 221774 07/12/2019 KWIKTRIP INC 5,596.96 221775 07/12/2019 LAMAR COMPANIES 627.00 221776 07/12/2019 LANGE ENTERPRISES 77.64 221777 07/12/2019 LEGACY DISTRIBUTION CO LLC 512.75 221778 07/12/2019 LEVENHAGEN OIL CORPORATION 27,914.16 221779 07/12/2019 RELX INC 222.00 221780 07/12/2019 LIFEQU EST SERVICES 78.82 221781 07/12/2019 MAINUE KHANG 24.58 221782 07/12/2019 MARK LYONS 89.06 221782 07/12/2019 M C C INC 5,029.58 221784 07/12/2019 MICHELS MATERIALS 497.11 221785 07/12/2019 MILPORT ENTERPRISES INC 4,816.76 221786 07/12/2019 MINNESOTA LIFE INSURANCE CO 18,659.21 221787 07/12/2019 GREEN VALLEY HOME INSP SVC LLC 2,000.00 221788 07/12/2019 NATIONAL MANAGEMENT LLC 62.82 221789 07/12/2019 NATIONAL PRODUCTS INC 2,125.64 221790 07/12/2019 VERIZON CONNECT NWF INC 1,620.99 221791 07/12/2019 NEVAMAR COMPANY LLC 1,165.71 221792 07/12/2019 NICKS JOHN &JULIE 88.68 221792 07/12/2019 NORTHEAST ASPHALT INC 5,827.75 221794 07/12/2019 NORTHERN LAKE SERVICE INC 247.90 221795 07/12/2019 Anyat Majok 26.75 221796 07/12/2019 CLOSING &TITLE SERVICES LLC 192.55 221797 07/12/2019 Daniel Sampo 25.00 221798 07/12/2019 Holly Emons 11.00 221799 07/12/2019 Inland Properties LLC 20.00 221800 07/12/2019 Jim Mirkes 47.25 221801 07/12/2019 Linda Gray 24.99 221802 07/12/2019 Meagan Smits 72.00 221802 07/12/2019 SCH MITT TITLE LLC 82.25 221804 07/12/2019 Ted Wojahn 250.00 221805 07/12/2019 THE CHILDRENS PLACE 90.00 221806 07/12/2019 OSHKOSH RECREATION DEPARTMENT 1,110.00 221807 07/12/2019 CITY OF OSHKOSH 20.00 221808 07/12/2019 CITY OF OSHKOSH UTILITIES 94.57 221809 07/12/2019 P H GREEN BAY STORE#012252 721.24 221810 07/12/2019 PARK 'N PRINT INC 82.95 221811 07/12/2019 RANDY R DOMER 96.00 221812 07/12/2019 RC EXCAVATING INC 187,818.95 221812 07/12/2019 REGISTRATION FEE TRUST 74.50 221814 07/12/2019 SADOFF IRON AND METAL COMPANY 207.90 221815 07/12/2019 SARAH BINDER 20.06 221816 07/12/2019 SCHELL ELIZABETH 47.92 221817 07/12/2019 SCH MITT TITLE LLC 120.98 221818 07/12/2019 SCHWAB PROPERTIES 60.22 221819 07/12/2019 SCHWAB PROPERTIES LLC 286.82 221820 07/12/2019 SERVICEMASTER BLDG MAINTENANCE 26.92 221821 07/12/2019 SERVICEMASTER RESTORATION SVCS 1,471.28 221822 07/12/2019 STAINS INDUSTRIAL WOODWORK 529.40 221822 07/12/2019 STAPLES ADVANTAGE 1,571.22 221824 07/12/2019 STATE BAR OF WISCONSIN 214.94 221825 07/12/2019 STEINERT PRINTING CO INC 295.00 221826 07/12/2019 STORM COMPANIES INC 11,597.00 221827 07/12/2019 STRYKER SALES CORPORATION 1,426.52 221828 07/12/2019 SWAPPJONATHAN K 72.20 221829 07/12/2019 TACTICAL ELECTRONICS AND MILITARY SUPPLY LLC 8,622.00 221820 07/12/2019 TAPCO INC 1,710.00 221821 07/12/2019 ANDREW TEPOLT 1,000.00 221822 07/12/2019 TKK ELECTRONICS C/O US BANK NA 20,615.00 221822 07/12/2019 TONY FLAIG 26.14 221824 07/12/2019 TRACEY GRUBOFSKI 11.50 221825 07/12/2019 TRUGREEN PROCESSING CENTER 250.20 221826 07/12/2019 TYLER TECHNOLOGIES INC 6,208.41 221827 07/12/2019 ON TIME EMBROIDERY INC 225.00 221828 07/12/2019 UMS PRINT SOLUTIONS 178.64 221829 07/12/2019 US BANK TRUST 2,150.00 221840 07/12/2019 US OILCHEK 16.00 221841 07/12/2019 VALLEY VNA HEALTH SYSTEMS INC 1,542.14 221842 07/12/2019 VERIZON WIRELESS 2,019.49 221842 07/12/2019 WALMART VISION CENTER 30-1420 216.00 221844 07/12/2019 WASTE MANAGEMENT OF WI-MN 20,697.92 221845 07/12/2019 WAUKESHA COUNTY AREATECH COLLEGE 277.40 221846 07/12/2019 WI CENTRAL LTD 528.48 221847 07/12/2019 WI DEPT OF NATURAL RESOURCES 18,957.72 221848 07/12/2019 WI DEPT OF SAFETY & PRO SVCS 620.00 221849 07/12/2019 WI PUBLIC SERVICE CORP 18,569.94 221850 07/12/2019 WINNEBAGO COUNTY TREASURER 52,902.25 221851 07/12/2019 WOLF AND SONS PLUMBING LLC 474.00 221852 07/12/2019 WRIGHT WEBER MANAGEMENT LLC 19.72 221852 07/12/2019 ZARNOTH BRUSH WORKS INC 4,208.00 1,906,101.26 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT EFT162 07/19/2019 CHEMTRADE CHEMICALS US LLC 2,957.67 EFT166 07/19/2019 KEMIRA WATER SOLUTIONS INC 4,905.44 EFT167 07/19/2019 WASTEBUILT 1,262.02 EFT168 07/19/2019 VIKING CHEMICAL COMPANY 2,750.00 221854 07/19/2019 CONSTELLATION ENERGY SERVICES 296.20 221855 07/19/2019 JENNIFER L MESSERSCHMIDT 291.02 221856 07/19/2019 JOHNSON FITNESS AND WELLNESS 5,000.00 221857 07/19/2019 ADAM KRAUSE 204.74 221858 07/19/2019 AIRGAS USA LLC 2,708.49 221859 07/19/2019 AL DIX CONCRETE 19,150.00 221860 07/19/2019 ANDREW J PRICKETT 146.16 221861 07/19/2019 ANTHEM BLUE CROSS & BLUE SHIELD 678,792.57 221862 07/19/2019 APPLETON COMPRESSOR SERVICE AND SUPPLY INC 222.40 221862 07/19/2019 ASSURANCE TITLE SERVICES INC 46.99 221864 07/19/2019 AT&T 1,278.26 221865 07/19/2019 B & M TECHNICAL SERVICES INC 828.72 221866 07/19/2019 BAD HABITZ LLC 1,000.00 221867 07/19/2019 MICHAEL BECKER AND ASSOCIATES INC 115.00 221868 07/19/2019 BRIAN SLUSAREK 59.16 221869 07/19/2019 BRUCE EQUIPMENT 1,482.05 221870 07/19/2019 CARDINAL CONSTRUCTION CO INC 7,258.96 221871 07/19/2019 CASPERSTRUCK EQUIPMENT INC 2,212.00 221872 07/19/2019 CINTAS CORPORATION 688.11 221872 07/19/2019 CLIFTONLARSONALLEN LLP 10,750.00 221874 07/19/2019 COMMUNICATIONS ENGINEERING CO 2,782.00 221875 07/19/2019 DAVE MONTALBANO 79.25 221876 07/19/2019 DE LAGE LANDEN FINANCIAL SRVCS 168.70 221877 07/19/2019 DELTA DENTAL OF WISCONSIN INC 4,020.12 221878 07/19/2019 DELTA DENTAL OF WISCONSIN INC 40,226.72 221879 07/19/2019 DIGITAL PRINTING INNOVATIONS 22.00 221880 07/19/2019 ENERGY CONTROL/DESIGN INC 775.80 221881 07/19/2019 EXCEL PROPERTIES LLC 192.86 221882 07/19/2019 EXPERT TOWING & RECOVERY 49.00 221882 07/19/2019 FIGG KORBIN P 58.85 221884 07/19/2019 FIRE APPARATUS & EQUIPMENT INC 5,644.74 221885 07/19/2019 FLOWPOINT ENVIRONMENTAL SYSTEM 795.00 221886 07/19/2019 FOX CITIES TITLE COMPANY 248.59 221887 07/19/2019 FULL SERVICE ORGANICS MANAGEMENT LLC 2,257.50 221888 07/19/2019 GALLS LLC 727.70 221889 07/19/2019 GROUND EFFECTS OF WI INC 225.00 221890 07/19/2019 HEARTLAND BUSINESS SYSTEMS 6,122.40 221891 07/19/2019 HI-TECH OPTICAL INC 17.00 221892 07/19/2019 HOLIDAY WHOLESALE 2,152.12 221892 07/19/2019 HOUCK TRANSIT ADVERTISING 1,900.00 221894 07/19/2019 JEFFERSON FIRE &SAFETY 290.00 221895 07/19/2019 JERRY FABISCH 180.28 221896 07/19/2019 JOHN FABICK TRACTOR CO 21,221.42 221897 07/19/2019 JOHN ZARATE 87.58 221898 07/19/2019 JON MUELLER 160.08 221899 07/19/2019 KOBUSSEN BUSES LTD 12,096.28 221900 07/19/2019 LAPHAM-HICKEY STEEL CORP OSHKOSH 2,456.02 221901 07/19/2019 LEE BEVERAGE 1,254.45 221902 07/19/2019 M C C INC 4,225.72 221902 07/19/2019 ASCENSION MERCY 29.29 221904 07/19/2019 MICHELS MATERIALS 2,129.12 221905 07/19/2019 MILPORT ENTERPRISES INC 4,782.99 221906 07/19/2019 MONROE TRUCK EQUIPMENT 1,612.42 221907 07/19/2019 NICOLEKRAHN 187.92 221908 07/19/2019 NORTHEAST ASPHALT INC 677.04 221909 07/19/2019 NORTHERN LAKE SERVICE INC 602.00 221910 07/19/2019 ON SITE HYDRAULICS 447.00 221911 07/19/2019 Laura Falcon 47.25 221912 07/19/2019 OSHKOSH CITY CAB CO INC 52,590.75 221912 07/19/2019 OSHKOSH VENDING LLC 290.12 221914 07/19/2019 PEPSI COLA GENERAL BOTTLING INC 1,106.19 221915 07/19/2019 PERSONNEL EVALUATION INC 280.00 221916 07/19/2019 RESERVE ACCOUNT 10,000.00 221917 07/19/2019 PLAY BY DESIGN LLC 2,080.26 221918 07/19/2019 PLYMOUTH LUBRICANTS 1,684.02 221919 07/19/2019 POESCHL PRINTING COMPANY INC 525.00 221920 07/19/2019 POMP'S TIRE SERVICE INC 1,229.27 221921 07/19/2019 QUALITY TRUCK CARE CENTER 5,214.22 221922 07/19/2019 RED'S 45 GUN & MARINE 240.00 221922 07/19/2019 REINS NURSERY RETAIL 7,220.75 221924 07/19/2019 ROGAN'S SHOES 581.05 221925 07/19/2019 RUNNING INC 29,062.50 221926 07/19/2019 SCHWAB PROPERTIES LLC 89.24 221927 07/19/2019 SIGNIFY NORTH AMERICA CORPORATION 27,950.00 221928 07/19/2019 STANNARD CLEANERS 2,207.90 221929 07/19/2019 STEINERT PRINTING CO INC 212.60 221920 07/19/2019 STREICHER'S 119.85 221921 07/19/2019 SWITCHGEAR POWER SOLUTIONS LLC 1,658.25 221922 07/19/2019 TDS 211.22 221922 07/19/2019 THEDACARE LABORATORIES 42.50 221924 07/19/2019 THOMSON REUTERS-WEST 141.89 221925 07/19/2019 TODD MUEHRER 21.90 221926 07/19/2019 TOWN COUNSEL LAW & LITIGATION LLC 618.75 221927 07/19/2019 TYLER TECHNOLOGIES INC 840.00 221928 07/19/2019 ON TIME EMBROIDERY INC 254.75 221929 07/19/2019 UNITED PARCEL SERVICE 76.96 221940 07/19/2019 WI STATE LABORATORY OF HYGIENE 26.00 221941 07/19/2019 US OILCHEK 22.00 221942 07/19/2019 WI DEPT OF FIN. INSTITUTIONS 20.00 221942 07/19/2019 WI PUBLIC SERVICE CORP 168,001.09 221944 07/19/2019 WISCOLIFT INC 804.48 221945 07/19/2019 WISCONSIN MEDIA 1,466.68 221946 07/19/2019 GANNETT WISCONSIN MEDIA 502.04 221947 07/19/2019 W M C A 270.00 1,197,622.20 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JuNE 25, 2019 REGULAR MEETING held Tuesday,June 25,2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Bob Poeschl, Sill Miller, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, Jake Krause and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and James Rabe, Director of Public Works Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Council Member Poeschl. PRESENTATIONS Joe Ferlo, President and CEO of the Grand Opera House, presented the Grand Opera House season preview. Julia Salomon, Public Planner, Winnebago County Health Department, presented the Oshkosh Youth of Color Report. Council Member Miller questioned if the presentation as going to be provided to the school district as he believed a significant amount of feedback from the youth was related to their experiences in school. Ms. Salomon explained the State had provided specific questions to ask, as each of the counties was gathering data and the questions would provide standardization. She stated she had worked with the youth on modifying the questions to be more applicable to their lives. She explained the report as a whole had more information on the community in general, however, because the conversation took place with youth and students, their experiences in school were a component. PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Council Member Miller questioned if the presentation would be provided to the schools. He stated he believed it was important for them to hear. Ms. Salomon explained it had been shared at the schools where the survey had been conducted, and she would like to continue to share the results within the district. She stated they would be sharing the report with other community partners as well. Tim Hess, Invista Analytics, and Tyler Riley, owner of Extreme Customs, presented information regarding the Aviation Plaza Redevelopment tax increment financing plan for the Mineshaft Restaurant, Extreme Customs & Offroad and Rogans Shoes. Council Member Herman questioned what the timeline was for the project. Mr. Hess explained all of the parties were prepared to begin immediately after Council voted. He stated Extreme Customs and Rogans planned for their projects to be completed by the end of 2019, and the Mineshaft anticipated completion in April/May of 2020. Council Member Mugerauer stated when the Mineshaft had presented in February, it had been estimated that approximately 200 jobs would be created. He questioned why the number had dropped to 100. Mr. Hess explained he was only able to present the data he could justify. He stated he believed Mr. Masters, the owner of the Mineshaft, was excited for the project and did not believe he had intentionally misled Council. Council Member Mugerauer explained in February there had been reference to a complete market analysis. He questioned if that had been completed. Mr. Hess stated yes. Council Member Mugerauer explained with a pay-go TIF, the developer would need to cover the initial cost of the improvements. He stated in reviewing the numbers, he felt that funds were 'tight'. He questioned if there would be enough equity and financial backing that they would be able to sustain the project and make it fully viable. Mr. Hess stated yes. Council Member Mugerauer explained the analysis, it was indicated banks have different thresholds for lending depending upon the type of development and restaurants were risky. He stated 8 million dollars was the cap of what Mr. Masters was able to borrow, 2 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 and he would need to bring another 8 million to the project. He explained he was concerned that if the biggest part of the development, the Mineshaft, did not go well quickly, there would not be enough funding to sustain it. Mr. Hess stated from an analytical standpoint, and considering the TIF, he evaluated if the development could be self-sustaining. He explained that Mr. Masters had 20 years of experience operating in Hartford, and had projected to do the same in Oshkosh. He stated he expected the project to succeed,however, the financial institutions were hesitant lending to restaurants. He explained they would be able to utilize equity in Mr. Masters' other restaurants in Hartford. Council Member Mugerauer explained a TIF for a standalone restaurant was a difficult request. He stated incorporating two other businesses made it easier to consider, however, he had difficulty subsidizing a restaurant and potentially putting other restaurants out of business due to a TIF. Mr. Hess explained he would not characterize the Mineshaft as just a restaurant. He stated he did not believe the clientele would be patrons of other restaurants in the area. He explained he understood there would be some overlap, however, he believed the market would be substantially different from that of other area restaurants. Council Member Miller questioned if Mr. Masters still participated in catering at EAA and Country USA. Mr. Hess stated he had not for several years. Mayor Palmeri questioned what types of wages would be paid for the jobs affiliated with the Mineshaft and Extreme Customs. Mr. Hess stated he was unable to allude to what the wages would be for the Mineshaft. He explained additional information would be provided in the future. Mr. Riley stated his team members made between $15 dollars and $25 dollars an hour initially and had the opportunity for wage increases depending on sales and commissions. Mayor Palmeri asked for clarification regarding 'some' of his team members. Mr. Riley stated some of the employees who had been there longer made more money, however, new employees made an aggressive commission based on their sales. 3 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 25, 2019 Mayor Palmeri questioned what the impact of the project would be for Extreme Customs. Mr. Riley stated if the project did not move forward he would look at moving out the business out of the area as he was completely out of growing space. PUBLIC HEARING Ordinance 19-353 Approve Deletion of a Portion of Officially Mapped Riverwalk South Shore of Fox River from Iowa Street to 336' East of Oregon Street (Plan Commission Recommends approval) FIRST READING; LAID OVER UNDER THE RULES CITIZEN STATEMENTS Deb Martin, 164 Wyldewood Drive, stated she had noticed cellphones being utilized more frequently during Council meetings. She requested for the benefit of the public and other Council Members that Council refrained from using cellphones during the meetings. Marc Dosogne, W3299 Princeton Road, Green Bay, stated he was present to represent the Boys and Girls Club of Oshkosh, and indicated within the report on youth of color there was some comments about the Oshkosh Police Department participation at the Boys and Girls Club. He explained he believed they had done an excellent job at maintaining a partnership with the Boys and Girls Club for many years. He stated he was unaware of the experience the young person had, and while it was not necessarily negative, the individual had indicated that the police department was disengaged. He explained that had not been his experience as officers spent significant time at the club, visiting with kids and teaching various classes. He thanked the police department and Dean Smith, Chief of Police, for their efforts. Council Member Miller questioned how many children were fed each day at the Boys and Girls Club in the summer. Mr. Dosogne stated it was between 375 and 500 children during the summer, and during the school year it was 150 per day at the club, and 600 at the school sites. He explained during the summer it was breakfast, lunch and afternoon snack. Lydia Christensen, 1045 Greenwood Court, requested the Council consider adopting an ordinance prohibiting discrimination against members of the community who fall under 4 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 the term 'sexual minority'. She stated with the number of diverse people who traveled to Oshkosh or attended school in the City, it should not be a controversial issue,yet many people believed it was. She explained the ordinance she was requesting was similar to one passed in Salt Lake City in 2009. She stated State law only protected members of the LGBT "plus" community in government offices. She explained the law in Winnebago County was the same. She stated the existing protections were not addressing the rights of the community at large. She explained at first she struggled to understand why people would take action to sue businesses for not providing a service as she did not believe that was necessarily the correct path of action. She stated what she was doing was an important aspect of the work, however, she was also working with the LGBT plus community to ensure they treated others the same way they wished to be treated. She explained she had been surprised at the support she had received. She stated while she respected the viewpoints of others, an individual should not be able to be fired based on their gender identity. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of the Library Board Minutes from April 25, 2019 Receipt & Filing of Museum Board Minutes from May 9, 2019 Receipt & Filing of Common Council Minutes from May 28, 2019 Resolution 19-354 Approve Resolution providing for the issuance & sale of$11,085,000 aggregate principal amount of Water System Revenue Bonds, Series 2019D, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder, and providing for the payment of said revenue bonds & other details & covenants with respect thereto Resolution 19-355 Approve Resolution providing for the issuance & sale of$16,115,000 aggregate principal amount of Sewer System Revenue Bonds, Series 2019E, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder, & providing for the payment of said revenue bonds and other details & covenants with respect thereto 5 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Resolution 19-356 Approve Amendment to 2019 Operations Budget for TIF #23 for $66,200.00 Resolution 19-357 Approve & Submit 2018 Wisconsin Department of Natural Resources Compliance Maintenance Annual Report / Wastewater Treatment Plant Resolution 19-358 Award Bid to Truck Country for Digger Derrick for Electric Division ($247,436.00) Resolution 19-359 Rescind Resolution 18-549 Awarding Bid to Northern Metal & Roofing Inc. / Roof Replacement / Wastewater Treatment Plant ($2774.80) Resolution 19-360 Approve Special Event — Oshkosh Elks Lodge #292 to utilize Rainbow Park for the Oshkosh Elks Sheepshead Fishing Tournament/July 20, 2019 Resolution 19-361 Approve Special Event—Wisconsin Football Coaches Association to hold the All Star Football Games at the JJ Keller at Titan Stadium / July 20, 2019 Resolution 19-362 Approve Special Event — Winnebago County Fair Association to hold the Winnebago County Fair at Sunnyview Exposition Center / July 31 —August 4, 2019 Resolution 19-363 Approve Special Event — Rech Entertainment to utilize the Leach Amphitheater for the BoDeans Concert/August 16, 2019 Resolution 19-364 Approve Special Event — Oshkosh Kids & Propel Oshkosh to utilize the Leach Amphitheater for the Celebrate Oshkosh event / August 31, 2019 Resolution 19-365 Approve Special Event—Winnebago County Labor Council to utilize South Park for the Labor Day Picnic & Car Show/September 2, 2019 Resolution 19-366 Approve Special Event — UW Oshkosh — Residence Life to utilize City streets for their Move In Days / August 28 & August 30 thru September 2, 2019 6 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Resolution 19-367 Approve Special Event — Lourdes Academy Student Council to utilize City streets for the Lourdes Academy Homecoming Parade / September 20, 2019 Resolution 19-368 Approve Special Event — Christine Ann Domestic Abuse Services, Inc. to utilize City streets for the Take Sack the Night event/October 2, 2019 Resolution 19-369 Approve Special Event — Run Away Events to utilize Menominee Park and City streets for the Run Away to the bay event / April 18, 2020 Resolution 19-370 Approve Special Event — Hmong Service Center, Inc. to hold the Hmong National Memorial Day Festival at the Winnebago County Community Park/May 23 & 24, 2020 Resolution 19-371 Approve Block Party — Melissa Blaske to utilize Hubbard Street between 191h Avenue & 201h Avenue for their neighborhood block party/July 27, 2019 Resolution 19-372 Approve Block Party — Ann Resop to utilize West Bent Avenue between Sheridan Street & Algoma Boulevard for their neighborhood block party/August 6, 2019 Resolution 19-373 Approve Block Party—Barb McClain to utilize 121h Avenue between Rugby Street & Georgia Street for their neighborhood block party / August 10, 2019 Resolution 19-374 Approve Appointments for the following Boards & Commissions: Public Arts & Beautification & Storm Water Utility Resolution 19-375 Approve Special Class "B" Licenses, Combination "Class B" Licenses, Secondhand Dealer & Taxi-Cab Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING 19-354 AND 19-355 (Herman; second, Mugerauer) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri 7 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Resolution 19-354 Approve Resolution providing for the issuance & sale of$11,085,000 aggregate principal amount of Water System Revenue Bonds, Series 2019D, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder, and providing for the payment of said revenue bonds & other details & covenants with respect thereto MOTION: ADOPT (Herman; second, Mugerauer) MOTION: AMEND TO UPDATE BOND AMOUNT TO$8,220,000 (Herman; second, Poeschl) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Resolution 19-355 Approve Resolution providing for the issuance & sale of$16,115,000 aggregate principal amount of Sewer System Revenue Bonds, Series 2019E, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder, & providing for the payment of said revenue bonds and other details & covenants with respect thereto MOTION: ADOPT (Herman; second, Allison-Aasby) MOTION: AMEND TO UPDATE BOND AMOUNT TO$13,990,000 (Herman; second, Poeschl) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Ms. Lorenson explained the bond totals had been updated and the City Clerk had the updated resolutions 19-354 and 19-355 on file. 8 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 25, 2019 Council Member Herman requested an explanation of the updated amounts. Trena Larson, Finance Director, stated the bidding results had been positive. Jon Cameron, Municipal Advisor, Ehlers, explained the bond sales had been successful. He stated the interest rates had come in lower and the issue sizes had been significantly reduced, resulting in considerable savings for the City. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-376 Temporarily Close Pioneer Drive& 141h Avenue;Allow Persons to Use a Portion of Pioneer Drive for Viewing of the July 41h Fireworks Show &Allow Carry-Ins for July 41h Fireworks Show MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Ordinance 19-377 Approve Request to Annex to the City from the Town of Oshkosh/Gilman Annexation, 575 W Snell Road (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-378 Designate Bike Lanes on Oakwood Road between 91h Avenue & 201h Avenue & Allow Parking FIRST READING; LAID OVER UNDER THE RULES Dmitry Sokolov, 727 W. Lincoln Avenue, stated with the weather in Wisconsin, the amount of time bike lanes could be used was not enough to justify bike lanes. He explained he believed adding the lanes would make the road less safe. He stated it would encourage bikers to utilize the road,where they would be traveling with bigger and faster vehicles. He explained he believed the job of the City was to make commutes less stressful, and adding bike lanes would make it more difficult to travel. He stated if more accidents occurred due to the change, insurance costs could rise as companies could designate Oshkosh as a higher insurance premium City. He explained compared to the national average, Wisconsin residents were more likely to drive after drinking or taking drugs. He stated distracted driving was on the rise due to smart phones. He stated 9 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 25, 2019 pairing these concerns with bike lanes was dangerous. He described a potential scenario in which a child utilized a bike lane at dusk during Country USA and was struck by a vehicle. Resolution 19-379 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Resolution 19-380 Authorize Staff to Complete & File a Water Rate Increase Application with the Public Service Commission of Wisconsin MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Council Member Miller questioned if this application was for the wholesale rate. Mr. Rabe stated no, it was for water utility as a whole. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mr. Rohloff asked if there were any comments or questions related to the public information meeting on the transportation fee. Council Member Herman stated it was his understanding that after discussion at the previous Council meeting it was decided there would be a look-back, and it appeared now that there would not. Mr. Rohloff explained City staff did not initially propose a look-back as it would be left up to Council. He stated there had been discussion in which residents were requesting a look-back to the life of a project. Council Member Herman stated it was his understanding a five year look-back had been discussed. Mr. Rohloff explained the City of Neenah had done a look-back of five years, and City staff had not included that in the ordinance. He stated if Council wished to provide direction to include it, City staff would add the look-back. 10 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Council Member Herman questioned how much City staff time would be required to establish a look-back. Mr. Rohloff stated in the Neenah model, residents who had paid or been subject to a special assessment in the five years preceding the change, the City would waive the fee on a tiered schedule depending on how long ago the charges took place. He explained it would have an impact on City staff time as it would be a manual process. Trena Larson, Finance Director, explained the challenge would be in the administration of the look-back. She stated it would be a manual administration every year and would delay the implementation of the program. She explained each year a manual credit would need to be added to individual accounts. Mr. Rabe stated that may include approximately one hundred to one hundred and fifty customers per year for the street reconstruction projects. He explained over five years there would be between five hundred to seven hundred and fifty accounts that would require manual management. Council Member Krause stated it was his understanding then that it would affect a small percentage of the City. Mr. Rabe stated it was a rough estimate. Council Member Krause explained the major complaint he had received from citizens was if they had their street reconstructed in the last five years they believed they should not have to pay the fee. He stated he looked at it as a small percentage of the population, and citizens who had their streets scheduled for reconstruction this year and next year wanted the process to change quickly. He explained he believed it was something the City was in together, and citizens needed to consider how it would impact their friends, family and future generations. Mr. Rabe clarified the estimate he provided had been for the street reconstruction projects, and if sidewalk rehabilitation projects were factored in, the number of accounts that would have to be manually adjusted would be approximately 2,500 to 3,000 per year. Council Member Mugerauer questioned what type of look-back was being considered, if it was just street reconstruction or sidewalk rehabilitation as well. He explained the long range finance committee believed there was no perfect way to determine a credit for residents. He stated it would be something Council needed to consider and evaluate on a policy decision. He explained the number of accounts to manually adjust for street 11 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 reconstruction would be relatively low. He stated personally,he believed when initiating any new process, there was a 'first' and a 'last'. He explained he believed at some point the policy needed to change, there had to be a stop date,and he would support the change with or without a look-back. Mr. Rohloff stated in respect to the sidewalk rehabilitation accounts, due to the volume, he would not recommend a look-back. He explained he had wanted Council to understand the logistics of the street reconstruction portion and City staff would follow Council's policy direction. Council Member Miller stated he understood the burden of the manual process. Ms. Larson explained the current fee calculation total of$4.50 had not taken into account any credits or look-backs, which may result in an impact to the program. Council Member Herman he stated if the fee were to be reduced through a look-back, the money would need to come from somewhere, and would have an impact on citizens. Mr. Rabe agreed. He explained City staff had not reviewed how a look-back would impact the rate. Mayor Palmeri stated it was brought to Council's attention that there may be some citizens impacted more than others, and she wanted to ensure that the City was communicating the policy change by all means possible. Mr. Rohloff explained City staff had not received a significant response from the public. He stated the group that had attended the public information session was largely composed of Hazel Street and Oregon Street residents. He explained City staff had received calls from governmental entity partners, and would continue to utilize press releases and social media. He stated he could not guarantee that the information would reach each citizen, however, City staff was utilizing every means possible to communicate. Council Member Miller explained he would like an additional public information meeting geared towards the business community. Mr. Rohloff stated the City had been invited to a meeting at the Oshkosh Convention Center hosted by the Oshkosh Chamber of Commerce on July 91h. He explained both City staff and Council Members would be in attendance. Council Member Herman recommended reaching out to the Westside Association. 12 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Mr. Rohloff questioned if there was consensus in terms of the look-back. Council Member Poeschl stated he believed it was a great idea, however, he would feel uncomfortable voting for it as his personal property had been assessed within the last year and he would therefore benefit from a look-back. He explained his employer would also benefit from a look-back. Mr. Rohloff clarified the look-back would be to waive the fee for a period of time, not the assessment total. Council Member Poeschl stated he understood. Mayor Palmeri explained she resided on Parkway Avenue, which was completed relatively recently, and may be impacted by a look-back. Mr. Rohloff stated there was a Council Member who had been subject to special assessments several years ago, and had been advised because the assessments impacted the entire neighborhood, and not just the Council Member specifically, it had been acceptable to vote on. Ms. Lorenson explained she did not give ethics opinions during Council meetings, and advised Council Members to speak with her separately. Council Member Poeschl stated he believed it was important for Council Members who had experienced assessments during the look-back period to disclose that information. He explained he believed it was important to find a way where they could support the policy change while remaining ethical. Council Member Krause explained he would be interested in a five year look-back, similar to the City of Neenah, specific to street reconstruction and not sidewalk rehabilitation. He stated he would like an update on how the look-back would impact the $4.50 per month charge. Mayor Palmeri questioned if narrowing down the look-back to street reconstruction properties would reduce the number of manual adjustments to a few hundred. Mr. Rohloff stated it would be approximately one hundred and fifty manual adjustments a year, over a period of five years. 13 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Council Member Krause questioned if the waiver would only occur if the property owners still resided at the same address they lived at when the work was completed. Mr. Rohloff stated it became complex in those areas, and recommended if Council chose to include a look-back to make it as simple as possible. Council Member Mugerauer stated he was not in favor of a look-back. He explained it was possible he could be talked into one, if it was the correct one, however, his stance right now was no. Mayor Palmeri questioned when the new policy would go into effect. Council Member Mugerauer stated immediately; if an individual had received a special assessment so far this year, they would be responsible for it. Mr. Rohloff explained the ordinance would be provided for Council's consideration at the July 91h Council meeting without a look-back clause. He stated dependent on direction from Council, City staff could then provide an amended ordinance for consideration at the July 23rd Council meeting with a look-back clause. Council agreed. Mayor Palmeri reminded Council of the scheduled workshop on July 23rd regarding boards and commissions, including the updated alternate ordinance, at 5:00 p.m. in room 404. Mr. Rohloff explained he would forward Council a copy of the pervious boards and commissions study for reference. Mayor Palmeri stated the diversity coordinator study was applicable to the boards and commissions. Council Member Mugerauer explained the League of Wisconsin Municipalities was supportive of possible legislation at the State level to eliminate personal property tax. He stated he understood the amount of exemptions the State allowed was a burden, and it often cost business owners more to do the accounting than the actual tax amount. He explained he believed it may be appropriate for the City to create a resolution in support of advocating for the elimination of personal property tax. 14 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 25, 2019 Council Member Miller agreed. He questioned if he was correct in understanding that the personal property tax was useless to most municipalities. Mr. Rohloff stated personal property accounted for approximately four percent of the City's value. He explained the League was opposed to the personal property proposal on the table right now, however, if the State was willing to backfill the loss to municipalities, and put in an inflationary factor, he believed there would still be value. He stated assessing personal property tax was much more cumbersome than real estate. He explained the workshop on policy for acquiring and disposing of real estate was one of the goals Council had set for him. He stated it was a matter of setting a date and time. The date was set for August 131h at 5:00 p.m. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Palmeri stated there was a summer program to feed children through the age of 18 a free lunch meal. She explained parents or guardians were welcome when accompanied by a child and the meals were held Monday through Friday from 11:00 a.m. to 12:30 p.m. at three different sites. She stated from July 291h through August 301h it would be held at St. Andrews Church, July 151h through August 301h it would be held at First English Lutheran Church and July 291h through August 301h it would be held at Our Saviors Lutheran Church. Council Member Miller explained the fireworks would be located off of the Pioneer Island this year, and the Leach Amphitheater would be hosting an event. He stated they were anticipated to be one of the best shows in years. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained there was a map published that shows the different locations within the City where citizens could park to watch the fireworks. He explained City staff had identified areas where citizens could not park in an effort to eliminate confusion. He stated City Center had opened up their parking ramp, which would hold approximately two thousand vehicles. 15 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Council Member Allison-Aasby explained she had received questions about boaters in the marina by Pioneer Island. She questioned if there would be access to that area or if there would be limited hours and access. Mr. Rohloff stated there would be opening and closing of the bridges. Council Member Herman stated Council Member Allison-Aasby was questioning access to the boats, not the bridges. Council Member Allison-Aasby questioned if an individual had a boat in a slip in that marina, how they would be able to access it. Mr. Rohloff explained 141h Avenue would remain open. He stated immediately after the fireworks show, the bridges would open to allow boats to clear out of the space as quickly as possible. He explained after approximately twenty minutes, the bridges would go down to allow those with vehicles to travel. He stated he planned to share the information with the various boating clubs. Mayor Palmeri reminded those participating in any of the viewing areas that there may not be garbage receptacles. She asked citizens to please take out whatever they bring in. Mr. Rohloff agreed. He stated the budget preparation calendar had been included in the Council packets and was similar to prior years. He reviewed the scheduled sessions. Trena Larson, Finance Director, explained the City had gone live with Munis utility billing. She stated 73 customers had signed up for citizen self-service, which would give them full access to their account and usage, as well as allow them to make account changes. She explained credit card payments were available through citizen self-service and over 500 individuals had signed up for emailed bills. She stated she encouraged citizens to reach out with questions, and explained City staff had included a'how to read your bill' document with the new monthly bills. Mayor Palmeri questioned if customers would have a different account number. Ms. Larson stated yes; all utility customers would have a new customer number and account number. She explained it would be listed on their first new utility bill, or customers could contact utility accounting. She recommended customers who utilize bill pay with their financial institutions to update their account numbers. 16 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Mayor Palmeri questioned what happens in the event a citizen forgets to change their account number and the payment was sent via bill pay with the old information. Ms. Larson explained the customer name was provided on the checks, and City staff would make every attempt to locate the correct account number. Mayor Palmeri questioned if the entire customer base was now on monthly billing. Ms. Larson stated yes. Mayor Palmeri explained customers could reach out to utility accounting via phone, email or in person with any questions. She stated she understood some customers were confused that the bills would not be due the same date each month. Ms. Larson agreed. She stated an insert with each of the bill dates had been provided to the customers and was posted on the City website. Mr. Rohloff explained the Wisconsin Department of Transportation (WDOT) had given the City a notice that the Congress Avenue Bridge would be closed in July for two weeks during the daytime hours. He stated he had been concerned about the last minute notice during peak summer season. He explained after reaching out to representatives, he had been informed that the closure would be postponed until fall. He stated it would be for work that needed to be completed prior to the bridge being closed for six months beginning in December. Mr. Rabe stated when the closure occurred in fall, the bridge would be closed to both vehicle traffic and navigational traffic on the river. Mayor Palmeri questioned what the additional work would be prior to the closure in December. Mr. Rabe stated it was to replace beams required to operate the lift section. Mr. Rohloff explained he appreciated local legislators working with the WDOT to accommodate the City. Council Member Mugerauer thanked City staff and the local representatives. He recommended working with Ray Maurer, Director of Parks, and reaching out to the fishing clubs prior to the closure in fall. He explained people often stored boats in fall, and there were two marinas near the bridge that could be impacted. 17 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 25, 2019 Mr. Rohloff stated he had included the status of outstanding issues in the Council agenda. He questioned if Council would like to schedule an upcoming meeting with the Oshkosh Area School Board. Mayor Palmeri stated yes. Mr. Rohloff explained he would reach out to schedule a meeting. Mayor Palmeri questioned if it would be hosted at City Hall. Mr. Rohloff stated he believed so. Mayor Palmeri questioned if Council Members should submit desired topics. Mr. Rohloff stated he would prefer to set a date first. MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS & TERMS RELATED OT THE NEGOTIATION OF AN AGREEMENT FOR THE REDEVELOPMENT OF AVIATION PLAZA PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION; AND DISCUSS THE MID-YEAR REVIEW OF THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION & EXERCISES RESPONSIBILITY PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES (Herman; second, Mugerauer) CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:02 p.m. PAMELA R. UBRIG CITY CLERK 18 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JuLY 9, 2019 REGULAR MEETING held Tuesday, July 9, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Bill Miller, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, Jake Krause, Bob Poeschl and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and James Rabe, Director of Public Works Council Member Miller read the Invocation. The Pledge of Allegiance was led by Council Member Miller. PROCLAMATION Mayor Palmeri proclaimed July 2019 free community paper month in the City of Oshkosh. Karen Schneider, Oshkosh Herald, accepted the proclamation. Mayor Palmeri proclaimed September 101h, 2019 as 'national donate a lunch day' in the City of Oshkosh. Javad Ahmad, Humanity First USA, accepted the proclamation. PUBLIC HEARING Resolution 19-381 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Sanitary Sewer Main & Laterals, Water Main & Laterals, Driveway Aprons, Storm Sewer Mains & Laterals, Traffic Signals & Street Lighting Relating to Contract No. 18-14 (Rath Lane, North Koeller Street, North Westfield Street & Oshkosh Avenue) PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri CITIZEN STATEMENTS Eric Endres, 3071 Fond du Lac Road, stated he had attended a previous Council meeting to discuss the City's policy regarding feral cats. He explained at that meeting, Council Member Krause had asked who would be liable if a feral cat attacked a resident, and the conclusion had been made that the cat would be considered a wild animal and it would be difficult to attribute liability to a person. He stated he disagreed with that statement as he had researched animal control and the website for a private animal control company indicated they would not deal with wild cats or dogs, and directed residents to the Humane Society. He explained the Humane Society required residents to catch the animals themselves. He stated with wild animals, such as raccoons, as an individual could hire a private company for removal. He explained he believed the liability may be different in a situation with a cat. Mayor Palmeri questioned if there was any City staff member who would like to respond. Mr. Rohloff explained Mr. Endres was correct in stating that residents needed to work with the Humane Society. Dean Smith, Chief of Police, agreed. He explained the City worked with the Humane Society for domesticated animals as the police department did not have animal control officers. Council Member Poeschl questioned if the policy was specific to cats or if it included stray dogs. Mr. Endres stated when he had researched the topic, the website had indicated both cats and dogs. He explained for domesticated animals he had been directed to the Humane Society. Council Member Poeschl clarified that Mr. Endres had called the Humane Society in the past. Mr. Endres stated he had, and had successfully trapped three cats earlier in the day, as the cat that had been the primary concern had kittens. He explained his concern was with the question of liability as the strays had been described in the previous meeting as 2 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 wildlife, however, private animal control companies would not capture domesticated animals. Council Member Poeschl explained he had experienced the same situation prior to being an elected official. He stated he had called the non-emergency number for the police department who contacted the Humane Society. He explained the Humane Society sent an on-call representative to his residence to pick up a stray dog. He stated he would be interested to learn if that process had changed related to the agreement with the Humane Society. He explained he would like to ensure there was consistency in the policy. Mayor Palmeri questioned if specific details would be within the contract with the Humane Society. Mr. Rohloff explained he did not have the details and Chief Smith would likely need to follow up with additional information. Mayor Palmeri stated she would like to know if the contract gave specific information as to how the animals would be transported. Council Member Poeschl questioned how the kittens were doing. Mr. Endres stated three of the kittens were at the Humane Society. Council Member Poeschl questioned if the adult cat was still around his residence. Mr. Endres stated yes. He explained he had pleaded with the Humane Society for assistance in capturing the cats, and they had informed him he would be required to do so himself. Susan Werblow, 422 Congress Avenue, congratulated Council and the City on establishing the neighborhoods associations. She stated she was present to represent the Congress Avenue neighborhood Association and wished to speak about resolution 19-401. Mayor Palmeri asked Ms. Werblow to speak during that portion of the agenda. Ms. Werblow indicated she was not able to stay that long and asked Council to pass the resolution. 3 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 Lyle Byre, 1235 Spruce Street, explained he was present to advocate for resolution 19-401. He stated he would be willing to speak during that portion of the agenda. Mayor Palmeri stated yes, and asked anyone else registered to speak on that item to please wait until that portion of the agenda. Deb Martin, 164 Wyldewood Drive, explained she was part of a group looking at public transportation in Wisconsin. She stated she had visited the bus depot and talked to five riders. She questioned if the City had conducted a survey amongst bus riders. Council Member Herman stated yes. Ms. Martin questioned if it was a recent survey. Mayor Palmeri stated yes. Ms. Martin explained the five riders she spoke with indicated that they appreciated the City bus drivers and the new buses. She stated two of the women she spoke with rode the bus daily, and often experienced at least three transfers to get to their destination. She explained she spoke with a couple who was waiting for a bus, as the bus they wanted to get on had been full. She stated the woman indicated she made bags for other bus riders. She explained the riders felt as though they were a community. She stated there was still a financial burden for some of the bus riders, as $2.00 per ride could add up quickly. She explained there was a good system in place, however, it could be improved to help citizens that were struggling. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of the Library Board Minutes from May 30, 2019 Receipt & Filing of Common Council Minutes from June 11, 2019 Receipt of Claims filed with the City's Insurance Company: A) J & S Partnership for alleged damages to their dump truck from a city vehicle B) Winnebago Community Credit Union for alleged damages to a shed from a police vehicle 4 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Resolution 19-382 Approve City of Oshkosh Public Art & Beautification Strategic Plan (PAS Recommends Approval) Resolution 19-383 Approve Setting Public Hearing Date to Vacate Rath Lane East of North Koeller Street (Plan Commission Recommends Approval) Resolution 19-384 Award Bid for Public Works Contract No 19-02 to Advance Construction, Inc. for Jeld-Wen/Stringham Watershed Outfall Reconstruction ($2,901,799.00) Resolution 19-385 Approve Change Order No. 1 for Public Works Contract No. 18-04 Paving, Sidewalk, Driveway, & Utilities /First Local Street Concrete Paving Program/Dorner, Inc. (-$49,919.79) Resolution 19-386 Approve CIP Amendment & Award Bid for Public Works Contract No. 19-14 to Vinton Construction Company, Inc. for Ceape Avenue Parking Lot Re-Construction & Fencing for the Police Department Parking Lot ($1,033,593.40) Resolution 19-387 Approve Developer's Agreement Oshkosh Avenue, North Koeller Street & North Westfield Street Resolution 19-388 Accept&Approve Waiver of Special Assessment Notices &Hearing in Connection with Improvements — Oshkosh Avenue, N. Koeller Street & North Westfield Street, per Developer's Agreement Resolution 19-389 Approve Final Resolution for Special Assessments For Concrete Paving, Sidewalk, Traffic Signals, Storm Sewer Main & Laterals, Sanitary Sewer Main & Laterals, Water Main & Laterals & Storm Water Management; Oshkosh Avenue, North Koeller Street, & North Westfield Street per Developer's Agreement Resolution 19-390 Disallowance of Claim by Walter Yocius II Resolution 19-391 Disallowance of Claim by Jason Davis Resolution 19-392 Approve Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Herman; second, Miller) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri 5 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-393 Approve Deletion of a Portion of Officially Mapped Riverwalk South Shore of Fox River from Iowa Street to 336' East of Oregon Street (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Ordinance 19-394 Approve Gilman Annexation from the Town of Oshkosh, 575 W Snell Road (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Ordinance 19-395 Designate Bike Lanes & Allow Parking on Oakwood Road Between 91h Avenue & 201h Avenue MOTION: ADOPT (Poeschl; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Deb Martin, 164 Wyldewood Drive, explained she drove this route multiple times a day and questioned if the intersection at Oakwood Road and 201h Avenue would remain four lanes. Jim Collins,Director of Transportation, stated the intention would be to end the bike lanes short of that intersection to allow for the turn lanes. Ms. Martin explained during inclement weather, traffic backed up on 201h Avenue to turn onto Oakwood to get to Carl Traeger. She stated it would make it difficult if the number of lanes at the intersection was reduced. Council Member Miller questioned if parking would be allowed. Mr. Collins stated yes; there would be parking, a bike lane and a travel lane in each direction. He explained the bike lanes would end before 201h Avenue, and there would 6 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 be accommodations for the turns in and out of Newport Avenue. Mayor Palmeri questioned if there were any visual aids for the project. Mr. Rohloff stated no. Council Member Mugerauer explained in the past, he had been critical of some of the City's bike lanes. He stated he was in favor of this change and liked the design. He explained sometimes when bike lanes were added, it was detrimental to a neighborhood as it took away parking from in front of a resident's property. He stated this project would add parking, therefore he would support it. Council Member Poeschl stated he was the Council appointed member of the traffic and parking review board, and a number of residents had attended the board meeting to discuss various proposals. He explained this was the proposal that offered the best compromise. He stated he believed it was the best option, and was in line with the City's bike and pedestrian plan. Ordinance 19-396 Establish Street Grades / North Koeller Street & North Westfield Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-397 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) 215 Church Avenue FIRST READING; LAID OVER UNDER THE RULES Mayor Palmeri questioned if this change was related to the fence for the police department. Mr. Rohloff stated yes. Mayor Palmeri questioned if there were any visual aids City staff would like to present. Mr. Rohloff explained the site location was the only visual aid available, as this ordinance was related to the zoning part of the project. Mayor Palmeri asked for an explanation of the zone change. 7 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mark Lyons, Principal Planner, stated the change was related to the police fencing proposal. He explained due to the anticipated height of the fence, it was required to rezone the property. Ordinance 19-398 Approve Amendments to Chapter 11 Electrical Code of the City of Oshkosh Municipal Code FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-399 Create Chapter 21 of the Oshkosh Municipal Code Pertaining to Public Construction & Services / Methods of Payment / Special Charges / Special Assessments / Transportation Utility Fee & Amending Portions of Chapter 14 Storm Water Management, Chapter 24 Wastewater Systems, Chapter 25 Streets & Sidewalk & Chapter 28 Water Pertaining to Public Construction & Services & Methods of Payment FIRST READING; LAID OVER UNDER THE RULES Don Hones, 585 Hazel Street, explained his property was part of the Hazel Street reconstruction. He stated he appreciated how respectful the City workers and contractors had been with him as a homeowner. He explained he supported the proposal to change the fee structure for street reconstructions as sidewalks and streets were a public good. He stated he believed the proposal in which the homeowner would be responsible for a portion of the cost,and the remainder would be charged through a monthly fee, spread out through the community, was an equitable solution. Council Member Krause asked for an explanation of what kind of financial strain Mr.Hones would experience if the policy was not changed. Mr. Hones explained if the proposal was not approved,he would receive a charge of nearly $14,000 dollars. He stated that would be a financial burden, and would be for many homeowners in Oshkosh. He explained even with a yearly payment option it was still a substantial charge. He stated he believed the proposed fee was a fair system. Council Member Krause thanked him for sharing his story. Ron Hansche, 52 Eveline Street, stated he was present to represent the Stevens Park neighborhood association. He explained they had polled the members of their steering committee, resulting in a 50/50 split between those in favor of the current assessment policy 8 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 and those in favor of the proposed new method. He stated several individuals believed the monthly charge to be unfair, due to the variation in lot sizes in the neighborhood. He explained a property owner with a small lot should not be required to pay the same fee,$54 dollars annually,as a property owner with a large lot. He requested that Council reconsider how that fee was calculated. Council Member Poeschl questioned if City staff would like to offer a clarification. Mr. Rohloff explained he was not certain there needed to be a clarification, as Mr. Hansche was accurate in stating the fee was proposed to be $54 dollars annually per residential lot regardless of size. He stated the approach was intended to treat residential properties equitably. Council Member Poeschl explained he believed it was important to note that the only change with the proposal in regards to residential properties was related to the type of property. He stated for example, a duplex would be considered two developmental area units, and each unit would receive the monthly fee. Mr. Hansche explained the neighborhood association understood that duplexes would have two fees. Council Member Poeschl questioned if the reason why he believed it was not a fair solution was because one residential parcel may be smaller than another parcel and receive the same fee. Mr. Hansche stated yes. He explained he believed if Council were to charge the fee for residential properties based on assessed value, they would receive more fee revenue. Council Member Miller requested the decision be delayed, as there was misunderstanding in the community and he understood the Chamber of Commerce planned to present a different type of proposal. Mayor Palmeri explained no action would take place as it was the first reading. Mr. Rohloff stated he had not yet received a proposal from John Casper at the Chamber of Commerce. He explained at the Chamber meeting earlier in the day, a different approach had been discussed,however,nothing formal had been provided to City staff. He stated he would provide Council with anything he received. 9 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Council Member Poeschl stated he believed it was important to move forward. He explained if something new were presented, it could be addressed at the July 23rd Council meeting. He stated he believed based on how the process had been communicated to the community, it was important for Council to follow through. He explained that did not mean that he was not open minded to other possibilities should the Chamber suggest another option; the ordinance could be amended at the next Council meeting. Council Member Allison-Aasby questioned what the financial impact would be if there was a request to delay the process at the next Council meeting. Council Member Herman explained he had posed the same question to Trena Larson, Finance Director, who indicated the financial impact could amount to approximately $273,000 per month. He stated in addition, the delay could impact the solvency for the City's new fund, as Ms. Larson believed it was Council's goal to cover the 2019 street reconstruction assessments. He explained Council had received a letter from the Realtors Association of Northeast Wisconsin, who was largely in support of the proposal, however, suggested that sidewalk repairs be paid for through bonding. He questioned what the cost would be to bond for the sidewalk repair program. Mr. Rohloff explained it would be approximately$800,000 dollars annually. He stated the City had been borrowing approximately $1,000,000 dollars per year to fund the special assessments for individuals who elected the payment plans. He explained that could be a substitute for the$800,000 dollars. He stated that would replace borrowing that would have otherwise been freed up, which was the goal. Council Member Herman stated there would still be assessments for utility work, such as storm sewer laterals. He questioned what a typical property owner would be responsible for under the proposed program. Mr. Rabe explained for a property similar to Mr. Hones, who resided on Hazel Street and spoke earlier in the meeting, it would be approximately$3,000 dollars. Council Member Herman stated he wanted citizens to understand that the fee would not completely replace assessments as a whole. Mayor Palmeri explained the City had been working on various ways to make housing more affordable, and questioned if the proposal could be characterized as one facet of accomplishing that goal. 10 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Rohloff stated under the current policy, the cost of special assessments made it difficult for residential and small business owners. He explained either the proposed transportation fee or a wheel tax would lessen the impact. He stated the proposal had been designed to keep the positive parts of special assessments while lessening the burden on property owners. Mayor Palmeri stated it was her understanding that more affordable housing would be a side benefit, and not the aim of the proposal. Mr. Rohloff explained it was not the initial intent, however, in the long run it would make housing more affordable. Council Member Miller disagreed. He stated he believed the fee would increase the cost of living for low income, at risk and elderly residents, as a majority of those individuals were renters. He explained the landlords who were up to $50,000 per year would not be able to absorb the cost and would pass it on to their tenants. Mayor Palmeri questioned what he meant. Council Member Miller explained he was concerned that the fee that was assessed to rental properties would be passed onto tenants. Mayor Palmeri questioned if he was referring to the$4.50 per dwelling unit fee. Council Member Miller stated yes. Mayor Palmeri stated it would be much more affordable than the full amount of a special assessment. Council Member Miller explained he believed there were examples provided earlier at the Chamber meeting that demonstrated that was not always the case. He stated he was concerned about the fees the larger landlords would receive,and what it would cost tenants. Mayor Palmeri indicated the second reading of the ordinance would occur at the July 23rd Council meeting. Council Member Miller questioned what would occur within the next two weeks. 11 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr.Rohloff explained Council Member Poeschl described the process accurately. He stated the second reading of the ordinance would occur at the July 23rd Council meeting, and Council could choose to take action or delay action. Mayor Palmeri explained that was why there was two readings of an ordinance. She stated she noted John Casper was now in attendance and questioned if he would like to speak. John Casper, 120 Jackson Street, apologized for arriving late. He explained the Chamber of Commerce appreciated the Council's desire to eliminate special assessments for property owners and recognized the significant financial burdens they placed on residents. He stated they supported the Council's effort to provide special assessment relief for residential property owners, however, they did not fully support the proposed policy. He explained they did not believe it was a fair or equitable solution to put a good share of the cost onto the non-residential property owners. He stated they believed the City was using the wrong methods to calculate a fee, such as including impervious surfaces such as parking lots and rooftops. He explained they did not see a correlation between impervious surface and wear/tear on streets, and believed vehicles were the cause. He stated the proposal unfairly shifted a significant portion of the cost onto non-residential property owners. He explained the proposed fee did not have a reasonable relationship to the way the revenue would be used. He stated the sidewalk program was an inappropriate use of the fee, as there was no correlation between vehicles or impervious surface and sidewalks. He explained the proposal did not consider contiguous properties that may be divided into different parcels based on ownership. He stated property owners who had recently received special assessment charges would still be required to pay the fee, which he did not believe was appropriate. He explained they believed there should be some type of cost restraint built into the proposal, tied in with the consumer price index. He stated a questioned had been raise about statutory authority in regards to imposing the utility fee. He explained they proposed a vehicle registration fee, and that any service or delivery vehicles would have the ability to apply for a credit. He stated the funds raised under the vehicle registration fee program would only be applied to residential special assessments. He explained they proposed the current policy would remain in place for non-residential properties. Council Member Herman questioned if Mr. Casper would provide the proposal to Council. Mr. Casper stated yes. Council Member Herman stated Mr. Rohloff had provided an example of a business on Murdock that had street construction done last year. He explained the special assessment cost on that property would have been relatively high, and Mr. Rohloff had demonstrated 12 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 how the cost would be less under the new program. He asked him to share the example again. Mr.Rohloff stated it had been shared earlier with the Chamber of Commerce. He explained the property had approximately 700 feet of frontage, and the street assessment would be approximately $141,000 dollars. He stated under the new program, the property would reach the developmental area unit cap,and be assessed$5,400 annually. He explained there were scenarios that were beneficial to businesses and some that were disadvantages. He recommended businesses evaluate their individual situations and provide feedback. Mayor Palmeri stated she assumed there had been statutory references reviewed to ensure the City was in compliance. Ms. Lorenson explained the ordinance contained statutory references. She stated in Wisconsin, municipalities were granted broad authority, limited by restrictions in the statutes. She explained there were no restrictions related to the program. Council Member Herman questioned why rooftops were considered in the fee calculation. Mr. Rabe explained the parking lots captured the passenger vehicle traffic impacting a site, and the rooftops captured the heavy truck traffic impacting a site. He stated according to the Wisconsin Department of Transportation, heavy truck traffic governed the design of City streets. Mr. Rohloff explained the rooftops represented the amount of traffic generated by the site. He stated when Council considered the topic as an ordinance, they would need to make findings that correlated rooftops and traffic. Council Member Poeschl stated he was confused about the inclusion of rooftops. Mr. Rohloff explained the calculation considered all impervious surface on a property, which included rooftops. He stated when the storm water utility was created, City staff utilized the GIS system to create an average. He explained the impervious surface was representative of activity that could be generated on a property. He stated in a non- residential property a developmental area unit was comprised of 2,817 square feet of impervious surface. He explained credit was not given to properties as it was with storm water, because it was looking at the relationship between impervious surface and traffic generation from the property. 13 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mayor Palmeri questioned if separate and distinct from the transportation fee, properties had the ability to apply for storm water credit based on pervious surface that had been converted. Mr. Rohloff explained any conversion to pervious surface would reduce the cost as the surface would no longer be used for manufacturing activity, production or retail, which generated traffic. He stated it was reasonable to assume that green space was utilized for decorative or landscaping purposes. Mayor Palmeri stated Mr. Casper had referenced the multiple parcels being treated as a single campus. She explained property owners had the opportunity to combine parcels through the City's certified survey map process. Mr. Rohloff stated yes; any property had the ability to do so, and some businesses had recently created a condo parcel for their multiple properties. He explained the parcel would then reach the cap, and have a maximum fee of$5,400 dollars annually. Council Member Mugerauer thanked Mr. Casper and the Chamber of Commerce for hosting the public information session on the transportation fee. He explained along Washington Avenue several properties received special assessments for work completed in 2018. He stated The Howard would receive a$40,500 dollars special assessment for concrete and sidewalk, not underground work. He explained had the proposed fee structure been in place prior to the construction, they would have instead received a $916 dollar annual fee. He stated it would take 44 years to reach the cost of the special assessment. He explained the masonic temple received a$14,700 special assessment charge for concrete and sidewalk, not including utility work, and under the proposed fee structure would have received a $226 dollar annual fee. He stated it would take 65 years to reach the cost of the special assessment. He explained the Exclusive Company, located at the corner of Main Street and Washington Avenue, would receive a $14,700 special assessment charge, and under the proposed fee structure would have received $153 dollar annual fee. He stated it would take 96 years to reach the cost of the special assessment. He explained the proposed program benefited residents and members of the business community. He stated there were different levels of benefits, however, the entire community utilized the transportation system. He explained sharing in the benefit required sharing in the cost. Council Member Poeschl stated Mr. Casper had proposed a wheel tax, giving a credit to businesses who had vehicles and keeping the current special assessment policy for commercial properties. He explained he had also mentioned the separation of sidewalks, and questioned if that was part of his proposal or if they were two standalone proposals. 14 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Casper stated he did not believe sidewalks should be part of any proposal. Council Member Poeschl clarified if he was referring to both new and rehabilitated sidewalk costs. Mr. Casper stated both. Council Member Miller requested the proposal as soon as possible. Mr. Casper explained he would provide it in the near future. Resolution 19-400 Professional Service Agreement with AECOM for Environmental Services for Pre & Post Demolition Assessment & Remedial Options Report/43 East Th Avenue ($85,742.00) MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Resolution 19-401 Approve Great Neighborhoods Capital Improvement Programs Funding in the Amount of$401,244.00 MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Lyle Byre, 1235 Spruce Street, stated he was present to advocate for the approval of the funding. He explained the Congress Fields neighborhood association would utilize the funds to renovate the 'tot lot', which was a playground on Congress Avenue. He stated the playground as showing wear/tear and there was a significant water drainage concern. He explained he was professor, youth care worker and foster parent and recognized the benefit of safe spaces for families. He stated the playground on Congress Avenue was the only one within the central City. He explained the neighborhood association hoped to select a unique design. He stated South Park had experienced great success with the two playgrounds and splash pad. He explained approving the funding would be a positive investment that would benefit the City for years to come. Mayor Palmeri questioned if the Congress Fields neighborhood association had come up with the idea, or if it had been proposed as an option. She stated she was aware the funding had been proposed in the 2020 capital improvement program and questioned if 15 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 the neighborhood association had requested to expedite the process. Mr. Byre stated they had requested the funding to be considered this year, due in part to the water drainage problem. Mayor Palmeri explained she had enjoyed biking through the neighborhood and meeting residents who shared various plans and designs. Mr. Byre thanked Mayor Palmeri for her visit and encouraged Council to approve the resolution. Ron Hansche, 52 Eveline Street, stated he was present to represent the Stevens Park neighborhood association. He explained over the years, the Great Neighborhoods program had funded many projects in Stevens Park, and the association had recently requested a small grant to assist with water barrels. He stated the Parks Department had requested they add an additional flower garden. He explained they had requested water to be provided and had been denied on several occasions to develop such a system. He stated the neighborhood association was appreciative of the cost of the barrels, and would like the City to grant them the opportunity to purchase water from the City. Mayor Palmeri asked for clarification regarding the request for an additional flower garden. Mr. Hansche stated City staff had requested the neighborhood association to develop a garden area around a new location for the park sign. He explained through fundraising efforts, they had paid for planting, which was complete. He stated the gardens on the north side of the park had been developed and maintained due to funding from a neighborhood resident. He explained the neighborhood association was requesting barrels to hold water for the gardens. Mayor Palmeri stated the request for the barrel was listed at $1,975 dollars. Mr. Hansche explained it was for two barrels. Mayor Palmeri stated it was listed as a request for one barrel. Mr. Hansche disagreed. Alexa Naudziunas, Associate Planner, stated it was a clerical error. She explained the cost would likely cover two barrels. 16 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Hansche explained it would include the barrels, stands, hoses and a hose cart for safekeeping. Council Member Poeschl stated it was a vibrant and beautiful park. He explained he understood the gardens were at locations within the park that were the furthest away from any type of water source. He encouraged City staff to come up with a way to provide more water to those areas. He stated rain barrels were beneficial, and although he had been hesitant about the cost if it was for one barrel, it made sense for two barrels. Mr. Hansche requested they not be referred to as rain barrels, as they would have no way of capturing rain. Mayor Palmeri questioned if the barrels would be for water storage and not water capturing. Mr. Hansche stated that was correct. He explained the neighborhood association would pay to have them filled. Mayor Palmeri questioned if the proposal would need to be amended as it referred to rain barrels. Allen Davis, Director of Community Development, stated City staff could utilize more general terms. Council Member Poeschl questioned if the first step would be the barrels and the second would be to find a way to get water to them. Mr. Hansche explained in their proposal, the neighborhood association had indicated they would find a way to get the water. He stated one of the requests was to find a way to purchase the water from the City. He explained an alternative would be to purchase the water from the neighbors adjacent to the park. Council Member Krause questioned how large were the water storage containers. Mr. Hansche stated 100 gallons per unit. Council Member Krause clarified that there would need to be a system in place to get water to the storage containers as it would not be collected from rain. Mr. Hansche agreed. 17 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mayor Palmeri asked for an explanation of the funding request for the Rainbow Memorial Park trail engineering, design and permitting. Allen Davis, Director of Community Development, stated the City had obtained an 80/20 grant from the Wisconsin Department of Transportation (WDOT) for a trail and riverwalk through Rainbow Memorial Park. He explained the City had a contract and had intention to build it, however, the engineering, design and permitting needed to be completed at this time. He stated City staff did not have time to complete the work, and had requested the public works to estimate how much it would cost for a contract engineer. He explained that had been estimated to be $75,000 dollars. He stated most of the funding from the Great Neighborhoods program would be granted to neighborhood associations, however, there had been remaining funds which could be used to cover the cost of the contract engineer. He explained although there was not a neighborhood association it would be a significant neighborhood improvement. Mayor Palmeri stated it was her understanding that the remaining funds could have been carried over for future neighborhood association initiated projects, however, due to the shortfall for the Rainbow Memorial Park project, City staff recommended utilizing the funds. Mr. Davis stated that was the rationale behind the decision. Mayor Palmeri explained it did create an asset. Mr. Davis agreed, and explained it was a tight timing concern. He explained work would need to begin in 2019 to construct the trail and riverwalk in 2021. Mayor Palmeri questioned if there were other items in the capital improvement program that were unfunded and would require borrowing from the Great Neighborhoods funding. Ray Maurer, Parks Director, stated no. He explained neighborhood association initiated projects came up, however, he was unaware of any capital improvement projects that would utilize Great Neighborhoods funding. Dennis Kavanaugh, 1107 Merritt Avenue, recommended approval of the exercise equipment stations in Menominee Park. He stated he appreciated the Great Neighborhoods program as it allowed neighborhood associations to identify items that would benefit their neighborhood. He explained with the trail that goes through Menominee Park and the upcoming renovation of the playground, exercise equipment 18 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 would be a great addition for adults. He stated the program allowed residents to maintain control over a portion of their neighborhood and was a great example of government and community collaboration. Mayor Palmeri questioned if the neighborhood association had come up with the idea for the exercise equipment. Mr. Kavanaugh stated it had been suggested by members of the neighborhood who had travelled and recognized that exercise equipment was a common item in parks across the country and the world. Kathy Webb, 543 Otter Avenue, stated she was present to represent River East neighborhood association, and requested funding for an architectural design for the William Waters Plaza gazebo. She explained the new plaza had been well received by the community. She stated the neighborhood association wanted the gazebo to be a piece of artwork in the plaza, completed in the style of William Waters. She explained the plaza had inspired others in the neighborhood to plant flowers and improve their properties. Mayor Palmeri explained it was her understanding the neighborhood association was asking for $27,500 and would be doing fundraising for some of the construction costs. She questioned how much the total project would cost. Ms. Webb stated it was undetermined at this point, which was why they needed an architect to design the gazebo so the project could be priced out. Mayor Palmeri explained the River East neighborhood was asking for a relatively small amount to fund the planning of the project,however, construction would be a significant cost. She questioned if Council were to approve the Great Neighborhoods funding, with $75,000 going towards Rainbow Memorial Park, how City staff would anticipate paying for the actual construction of the gazebo. Mr. Davis stated City staff recommended the Great Neighborhoods program to be funded again in 2020, and construction could occur during that year for the gazebo. He explained creating the architectural design now was important to utilize as a fundraising tool. He stated he anticipated there would be both private funds and Great Neighborhoods funds available in 2020 for construction of the gazebo. Mayor Palmeri questioned if City staff was requiring the neighborhood association to do fundraising for construction of essentially a capital improvement project. 19 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Davis stated the City had traditionally done that with all neighborhood associations. Council Member Mugerauer thanked the neighborhood associations for being an active benefit to the community. He explained he appreciated the program as it allowed the projects to come directly from the neighborhoods. Resolution 19-402 Grant Fiber Optic Easement to Northern Telephone & Data Corporation; William A. Steiger Park, 200 Ohio Street (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl and Mayor Palmeri Council Member Miller stated he was employed by Northern Telephone & Data Corporation (NTD), and he would appear before Council as a citizen on the topic to answer any questions. Council Member Mugerauer asked for an explanation of the request. William Miller, NTD, stated there had been confusion regarding where the right of way was in the area of William A. Steiger Park. He explained the contractor had been mistaken, and now NTD needed to request an easement for work that had already been completed. Council Member Poeschl questioned when the work had been completed. Mr. Miller stated he believed it had been done in December of 2018. Council Member Poeschl questioned what level of scrutiny NTD would put their contractors through to ensure they were doing the right thing. Mr. Miller explained their contractor had utilized a subcontractor on the project. He stated it was convoluted as to what appeared to be park property versus what appeared to be the easement. He explained there was little private property in the area of the park and the boring had been a difficult process. He stated he did not necessarily blame the subcontractor, as it likely appeared to them that they were in the right of way. Mayor Palmeri stated the City staff report indicated the conduit may not be ideal as it added to additional structures in an already congested area, however, believed it may be 20 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 the most viable option. She explained the report stated City staff was concerned about the ability to place structures long-term, such as park amenities in the future. She questioned what could be done in the future if the City encountered an over congestion. Mr. Miller stated there was over congestion everywhere. He explained the City currently did not have an abandonment policy, so wherever they worked there was congestion. Mayor Palmeri questioned what the corrective measure would be in that situation. Mr. Miller stated it would need to be left right where it was, as there was no other space for NTD to utilize in the area. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained there was a boards and commissions workshop, including the alternate ordinance discussion, scheduled for July 23rd at 5:00 p.m. She questioned if Council would be provided a draft of the alternate ordinance prior to the workshop. Ms. Lorenson explained the draft would be dependent on final decisions from Council. Mayor Palmeri stated she had met with several chairs of the boards and commissions, and all were in favor of adding alternates as it had been suggested. Mr. Rohloff explained he had not received any additional feedback. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Miller complimented the parks department for their work at the location on 61h Avenue and Idaho Street. Council Member Herman thanked City staff for their efforts with the 41h of July fireworks and event at the Leach Amphitheater. He stated he had received mostly positive feedback and looked forward to making the event even better next year. Mr. Rohloff agreed. He explained Dean Smith, Chief of Police, had reported there were virtually no concerns. 21 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 Council Member Herman stated he had learned that there had been some concerns about individuals fishing on shore resulting in difficulty for boaters trying to get to shore. He explained Council may want to take passing a temporary no-fishing ordinance during the event in the future. Mayor Palmeri questioned if there would be a debriefing. Mr. Rohloff stated it would occur in the near future and he would provide Council with the information. Council Member Allison-Aasby explained she had enjoyed seeing the riverwalk being utilized by so many families. She congratulated the group who had organized the event in a short period of time. Mayor Palmeri stated she had not been able to attend, however, had understood that many people enjoyed the event. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the final revenue and expense statement was included in the Council packets and noted the City was approximately $900,000 over budget on revenue and $800,000 under budget on expenditure. He explained the numbers would be reflected in the final audit and the subject of Council's second budget workshop. He stated in regards to outstanding issues, City staff was working to schedule a date for a workshop with the school district. He explained the Oshkosh Corporation update was in the Council packet and work was progressing well at the site. Mayor Palmeri stated she understood there was an upcoming key performance indicator update, and a public dashboard was scheduled to go live on July 23ra Mr. Rohloff explained there was new software in place that would enable the public to view the key performance indicators. He stated the goal was to have the data live on the City's website on July 23ra MOTION: ADJOURN (Mugerauer; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:55 p.m. PAMELA R. UBRIG CITY CLERK 22 Statewide Services, Inc. Claim Division 1241 John Q.Hammons Dr. P.O.Box 5555 Madison,WI 53705-0555 877-204-9712 July 10, 2019 City of Oshkosh & City of Oshkosh Transit Authority Oshkosh WI 54902 RE: Insured: City of Oshkosh Claimant Name: David Stamborski Claimant Address: 1009 Grand Street, Oshkosh WI 54901 Claim Number: WM000702661012 Date of Loss: 07/03/2019 Statewide Services, Inc. is the third-party administrator for the League of Wisconsin Municipalities Mutual Insurance liability and auto program. We received notice of the above-referenced claim and want to assure you that we are in the process of reviewing it. This claim has been assigned to: Ginger Kimpton Senior Casualty Claims Adjuster Phone: 855-828-5515 Fax: 866-828-6613 Email Address: gkimpton@statewidesvcs.com Feel free to call or email the claim handler above. Sincerely, Statewide Services Claim Department Cc: Sherri Regenwether Brian Dandoy RECEIVED JUL 11 2019 CITY CLERK'S OFFICE ITEM # 3B THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM JULY 23, 2019 19-403 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO 2018 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET—RAINBOW MEMORIAL PARK BALL FIELD IMPROVEMENT FUND IN THE AMOUNT OF $15,000.00 INITIATED BY: PARKS DEPARTMENT WHEREAS, the Common Council has adopted the 2018 CIP Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2018 CIP Budget to add donated funds supporting project expenditures for the Rainbow Park Ball Field Improvements. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2018 CIP Budget, on file in the City Clerk's Office, is hereby amended with adjustments as listed in attached Exhibit 7. EXHIBIT 7 2019 CAPITAL IMPROVEMENT PROGRAM ADJUSTMENTS PROP.IMP. PAGE EQUIPMENT TOTAL PROPOSED AMENDMENT:07.23.19 Res 19- A : Increase Budget Rainbow Memorial Par Additional donation $ 15,000 $ 15,000 $ 15,000 $ 15,000 City l c Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Ray Maurer, Parks Director DATE: July 17,2019 RE: Approve Amendment to 2018 Capital Improvement Program (CIP) Budget - Rainbow Park Ball Field Improvement Fund BACKGROUND On November 29, 2017, the Common Council adopted the 2018 budgets. At that time, additional donations were unknown for the Rainbow Park Ball Field Improvement Fund. On October 23,2018, the Common Council amended The Rainbow Park Ball Field Improvement Fund as $80,000 in donations were received from the Oshkosh Area Community Foundation thanks to the efforts of Sydney Supple. ANALYSIS The Rainbow Park Ball Field Improvement project began in the fall of 2018 and is currently taking place. Sydney has continued the fundraising and an additional$15,000 contribution for the Rainbow Park Ball Field Improvement Fund was recently received by the City. These funds are necessary for the completion of the project. FISCAL IMPACT The total fiscal impact is $15,000.00. The amendment will authorize acceptance of the donations and funding for the project to A/N#: 0325-0610-7216-07610. RECOMMENDATION Staff recommends that Council approve this resolution. Respectfully Submitted, Approved, Ray Maurer,Parks Director Mark A. Rohloff, City Manager JULY 23, 2019 19-404 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENTS TO 2019 OPERATIONS BUDGET FOR: A) MUSEUM MEMBERSHIP$3000.00 B) STREET TREE FUND$18,000.00 INITIATED BY: CITY ADMINISTRATION WHEREAS, the Common Council has adopted the 2019 Operations Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2019 Budget to account for: A) a donation from the Museum Auxiliary to purchase a table saw; and B) a grant received from 1000 Friends of Wisconsin for the City's Tree Program and provide for project expenditures from the Street Tree Planting Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2019 Budget, on file in the City Clerk's Office, is hereby amended with adjustments as listed in attached Amendment 7. fAry, Oshkosh TO: Honorable Mayor & Members of the Common Council FROM: Brad Larson, Museum Director DATE: July 18, 2019 RE: Budget Amendment ($3,000) BACKGROUND The Museum's Delta table saw, used for exhibition construction and other general tasks, is over 20 years old. It does not always hold the tolerance necessary for fine exhibition work, and it is not a safety model. In considering a replacement saw, the Museum preferred to upgrade to a saw that included "safety stop" technology that instantly stops the blade should it encounter soft tissue. Due to cost, a table saw was not included as part of the 2019 budget. The Museum Auxiliary made a$3,000 grant to enable the Museum to purchase a saw. ANALYSIS The Museum's table saw is used almost daily and receives heavy use during times of exhibition construction. A table saw capable of precision cuts is an essential piece of equipment and due to age and wear, the Museum's saw needs replacement. The Museum prefers to replace its saw with one that incorporates safety technology. As with any piece of cutting machinery, the use of a table saw poses the possibility for injury. The use of safety stop technology could prevent a serious injury or loss of fingers to the user. FISCAL IMPACT The $3,000 grant from the Auxiliary pays for the new saw. RECOMMENDATION Amend the 2019 budget to reflect the $3,000 grant from the Auxiliary and the purchase of the table saw with safety stop technology. R pectfully m'tted, Approved: Brad Larson Mark A. Rohloff Museum Director City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5002 http://www.ci.oshkosh.wi.us City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Bill Sturm, Landscape Operations Manager DATE: July 17, 2019 RE: Approve Amendment to 2019 Operation Budget—Street Tree Planting Fund BACKGROUND In November 2018 the Common Council adopted the 2019 budgets. At that time,no grant expenses were anticipated for the Street Tree Planting Fund. This account is used to accept grants, donations and sponsorships to support the planting of trees and is essentially a designated donation account. In March of 2019, the City of Oshkosh was approved by 1000 Friends of Wisconsin to receive a tree planting grant in the amount of$18,000 to increase tree plantings throughout the community. ANALYSIS The Forestry Division has been pursuing tree planting grant funds from a variety of sources and has requested funding to plant diverse tree species throughout the community to better protect the City tree inventory from species-specific pests and disease. The 1000 Friends of Wisconsin grant is part of a US Forest Service initiative to increase tree planting throughout the Great Lakes Basin. This grant is not currently shown in the Operating Budget. Project expenses will be paid from this account. FISCAL IMPACT The total fiscal impact of this budget amendment is $18,000.00 which includes the grant from 1000 Friends of Wisconsin. The amendment will authorize funding for the purchase of trees to A/N#: 0333- 0620-6535-11401. RECOMMENDATION Staff recommends that Council approve this resolution. Approved, Mark A. Rohloff, City Manager City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 http://www.ci.oshkosh.wi.us 1/1 2019 Budget Amendments 07/23/2019 Amendment 7 Museum Membership(0227) Account Description(s): PROPOSED AMENDMENT: 07.23.19 Res 19-404 Machinery&Equipment(7204) TOTAL Add: Purchase Table Saw Donation-Museum Auxiliary$3,000 $3,000 $ 3,000 Street Tree Fund(0333) Account Descriptiion(s): PROPOSED AMENDMENT: 07.23.19 Res 19-404 Landscaping Supplies(6535) TOTAL Add: Increase Tree Plantings Grant Funds$18,000 $18,000 $ 18,000 JULY 23, 2019 19-405 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE SUBMITTAL OF LEAD BASED PAINT HAZARD REDUCTION GRANT TO HUD INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the US Department of Housing and Urban Development (HUD) has grant funds available to reduce lead based paint in homes constructed prior to 1978; and WHEREAS, a significant number of homes within Oshkosh were built prior to 1978; and WHEREAS, if awarded, the grant requires matching funds be provided, with said funds being available through the community development block grant program, healthy neighborhood initiative program and/or donations from various partners in the community; and WHEREAS, if awarded, the grant will require amending the 2019 Operations Budget to allow funding to implement said grant and authorization to use any cash donations received. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to submit a lead based paint hazard reduction grant application to the US Department of Housing and Urban Development. BE IT FURTHER RESOLVED that if awarded, the City hereby accepts said funds from the US Department of Housing and Urban Development and the proper officials are hereby authorized and directed to execute any and all documents necessary for purposes of same and to carry out all actions necessary to implement the City's obligations under the terms of a grant agreement. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the 2019 Budget, on file in the City Clerk's Office, is hereby amended to allocate necessary funds to implement said grant if awarded. 0! Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Darlene Brandt, Grants Coordinator DATE: July 18, 2019 RE: Authorize Submittal of Lead Based Paint Hazard Reduction Grant to HUD BACKGROUND The US Department of Housing and Urban Development (HUD) is accepting applications for Lead Based Paint Hazard Reduction (LHR) grant funds. The purpose of the LHR grant program is to reduce lead poisoning in children under 6. The HUD grant is part of a comprehensive program to identify and control lead based paint hazards in eligible rental or owner-occupied housing built before 1978. ANALYSIS City staff has been meeting with Winnebago County Health Department to identify census tracts that have existing cases of children with reported elevated blood levels. Based on that information, staff is targeting Census Tracts 1,2,4,5 and 15 as eligible areas for lead paint reduction projects (see attached Census Tract map). Based on grant guidelines staff is recommending applying for around $1.5 million. If awarded, the grant would be for 3 years. Community development block grant or healthy neighborhood initiatives funds would be used for the required minimum 10% match. Staff is also obtaining support from various partners in the community that could hopefully also provide some match assistance. Lead paint reduction activities could include replacing windows, doors, exterior painting/install siding, and interior painting. At this time, staff is allocating a maximum of$12,000 to be used on each eligible property for lead reduction. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Page 2 Funds can only be used to provide assistance to privately owned homes built prior to 1978 - both rental and owner occupied. Other beneficiary criteria must be met such as income, priority to units with children with elevated lead paint levels,units with children under 6,principal residence for owner occupied, landlord support for rentals. Landlords will also be required to give priority to renting units assisted under this grant to families with a child under the age of six for not less than 3 years. FISCAL IMPACT Staff is still working with Winnebago County Health Department to gather data and budget information but is looking at applying for a$1.5 million grant. If awarded, the match of$150,000, over the 3 year grant period, would be provided from community development block grant funds, healthy neighborhood initiative funds, and/or partner donations. RECOMMENDATION The City Council approves submittal of the Lead Based Paint Hazard Reduction grant application to HUD. Respectfully Submitted, Approved: iekAfrif, Allen Davis Mark A. 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" wc, 0001111111111 ao uE.c, E.R`• '.a CELEBRATION w.. c,�,�.ec, F .�`mE 9 ,..,- *MC SOW H y, i,i,Ecos 1.POND CTq IMO,vE 4 City o ..• . t , • - ii N tin=0.63mi Lea ti Proyraui A 1 in =3,333ft eit The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the Cil ii approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date:7/19/2019 These map(s)/datasets are provided for information purposes only and may not be sufficient or Oshkosh appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without Prepared by: City of Oshkosh, WI warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. H.IjeffnILMI Street Grid Map.mxd User jeffr JULY 23, 2019 19-406 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID TO VERMEER, WISCONSIN FOR TRENCHER/BACKHOE FOR ELECTRIC DIVISION ($89,233.00) INITIATED BY: PURCHASING WHEREAS, the City of Oshkosh has heretofore advertised for bids for trencher/backhoe for the Electric Division; and WHEREAS,upon the opening and tabulation of bids, the following is the only bid: VERMEER WISCONSIN. 2304 Kelbe Drive Little Chute, WI 54140 Total Bid with Trade: $89,233.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 0323-0801-7204-66920 Property/Equipment Fund - Machinery & Equipment Ci+ f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jon G.Urben, General Services Manager DATE: July 12, 2019 RE: Award Bid to Vermeer,Wisconsin for Trencher/Backhoe for Electric Division($89,233.00) BACKGROUND The 2019 CIP allocated$120,000.00 for the purchase of a new all wheel steer rubber tire trencher/backhoe for the Electric Division. The current 1996 unit has a worn chain and bar and is past its useful service life. The new unit will have a rotating control platform that will better allow the operator to see the work being performed. ANALYSIS Working with the Public Works Mechanics Manager and Electric Division staff,Purchasing prepared bid specifications for a replacement unit. The bid was posted on DemandStar. Bids were due July 9, 2019. The bid tab is attached. While two bids were received only one bid met the minimum bid specifications. FISCAL IMPACT With trade-in, the total fiscal impact for this unit is $89,233.00. The 2019 CIP allocated $120,000.00 for this unit. This project will be charged to A/N#03230801 7204 66920. RECOMMENDATION Purchasing recommends the Common Council award this bid to Vermeer,Wisconsin for$89,233.00. Respectfully Submitted, Approved: 0: - z Jon G.Urben, General Services Manager Mark A. Rohloff, City Manager City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us BID TAB ALL WHEEL STEER RUBBER TIRE TRENCHER FOR ELECTRIC DIVISION BIDS OPENED JULY 9,2019 Vermeer WI BID INFORMATION 2304 Kelbe Drive Little Chute WI 54140 Vermeer RTX 550 BID $93,733.00 TRADE IN $4,500.00 1996 Case 460 Zt BID WITH TRADE DELIVERY 60 Days ARO TERMS Net 30 Days JULY 23, 2019 19-407 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID TO FAIRCHILD EQUIPMENT FOR INDUSTRIAL FORKLIFT FOR WASTEWATER TREATMENT PLANT($29,895.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for an industrial forklift for the Wastewater Treatment Plant; and WHEREAS,upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: FAIRCHILD EQUIPMENT 2140 Hutson Road Green Bay, WI 54303 Total Bid: $29,895.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 0322-1910-7204-66925 Enterprise Capital Fund - Machinery & Equipment City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: July 12, 2019 RE: Award Bid to Fairchild Equipment for Industrial Forklift for Wastewater Treatment Plant ($29,895.00) BACKGROUND The 2019 CIP allocated $38,000.00 for the purchase of a new industrial forklift for the Wastewater Treatment Plant. The current forklift has worn steering, a worn mast and its engine runs poorly. It is beyond its useful service life. ANALYSIS Working with the Public Works Mechanics Manager and Wastewater Treatment Plant staff, Purchasing prepared bid specifications for a replacement unit. The bid was posted on DemandStar. Bids were due July 8, 2019. The bid tab is attached. Based on the bid review it was consensus of staff that the low bid from Fairchild Equipment met the minimum bid specifications. FISCAL IMPACT The total fiscal impact for this unit is $29,895.00. The 2019 CIP allocated $38,000.00 for this unit. This project will be charged to A/N#03221910 7204 66925. RECOMMENDATION Purchasing recommends the Common Council award this bid to Fairchild Equipment for$29,895.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 http://www.ci.oshkosh.wi.us BID TAB INDUSTRIAL FORKLIFT FOR WASTEWATER TREATMENT PLANT BIDS OPENED JULY 8,2019 VENDOR INFORMATION Klink Equipment LLC Fairchild Equipment BID INFORMATION W1970C Industrial Drive 2140 Hutson Road Freedom WI 54130 Green Bay WI 54303 Komatsu FG25T-16 Yale GLP050MX BID $31,945.80 $29,895.00 DELIVERY 60 -90 Days ARO 120 Days ARO TERMS Net 30 Days Net 10 Days JULY 23, 2019 19-408 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID TO MIDLAND ENGINEERING CO. INC. FOR CARRIAGE HOUSE ROOF REPLACEMENT FOR OSHKOSH PUBLIC MUSEUM ($384,700.00) INITIATED BY: PURCHASING WHEREAS, the City of Oshkosh has heretofore advertised for bids for the Carriage House Roof Replacement for the Oshkosh Public Museum; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: MIDLAND ENGINEERING CO. INC. 52369 State Road 933 North South Bend, IN 46637 Total Bid: $384,700.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 0323-0130-7214-06835 Property/Equipment Fund - Buildings 0323-0130-7214-06935 Property/Equipment Fund - Buildings #02) City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: July 16, 2019 RE: Award Bid to Midland Engineering Co. Inc. for Carriage House Roof Replacement for Oshkosh Public Museum($384,700.00) BACKGROUND The Facilities Maintenance Division works closely with our roofing engineers from Specialty Engineering Group (SEG) to regularly monitor, update and prioritize the annual Roofing Replacement Schedule for our buildings. The 2019 CIP Roofing/HVAC CIP has been allocated $500,000.00. The Oshkosh Public Museum Carriage House roof is highest on the roof replacement schedule given the age and poor condition of the building's existing roof tile and components. The building houses many of the Museum's valuable artifacts. Since its install circa 1992, the slate roof's EPDM synthetic rubber roofing membrane section has failed between the dormers on the southwest elevation leading to significant concerns about the roof's ability to remain watertight. The deterioration of the original and synthetic slate section over the last 27 years has left several slate roof tile units cracked, split, missing, or with holes or other visible imperfections, making repair or relaying of the current roof elements impractical and cost prohibitive for the value received. The only solution for the roof is a full replacement of the slate tiles including all gutters,valleys and other roof components.The replacement roof materials will be artificial slate. ANALYSIS Working with SEG,Museum and Facilities Maintenance staff,Purchasing prepared bid specifications for this project. Given that the Carriage House is on the National Register of Historic Places, the bid specifications were reviewed and approved by the Wisconsin State Historic Preservation Office. The scope of this roof replacement requires contractors skilled in slate tile roof. The contractor base for slate tile roofing firms is small, as is the availability of projects of this type and available skilled labor. The bid was advertised in the local newspaper and posted on Demandstar. The bid was also sent to known regional slate roofing contractors. Bids were due June 25, 2019. Midland Engineering was the only bidder at the mandatory pre-bid meeting and provided the only bid for the project. Midland met all the minimum bid requirements. The bid tab is attached. Midland is a larger contractor that performs slate and artificial slate tile roofing. Their client list includes churches and universities with intricate and detailed slate tile roofs. SEG's follow up with Midland's references resulted in excellent recommendations for the quality of their work, their project management team and their ability to keep projects on schedule and within budget. SEG's follow up also found that Midland's bids were within the competitive parameters of their peers. In consideration of Midland's expertise in slate roofing, their outstanding references, their competitive bid relative to the scope of this project and their ability to City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 http://www.ci.oshkosh.wi.us complete the Carriage House roof in 2019, it is the consensus of City staff that we recommend award of this bid to their firm. FISCAL IMPACT The fiscal impact of this bid is$384,700.00. This bid, added to SEG's engineering fee of$15,000.00 brings the total fiscal impact of this project to $399,700.00. The Roofing/HVAC Fund is allocated $500,000.00 annually and has sufficient funds for this project. This project will be charged to A/N# 0323-0130-7214- 06835 and 0323-0130-7214-06935. RECOMMENDATION Purchasing recommends the Common Council award this bid to Midland Engineering Co. Inc. for $384,700.00. Respectfully Submitted, Approved: L__ r Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager BID TAB OSHKOSH PUBLIC MUSEUM CARRIAGE HOUSE ROOF REPLACEMENT BIDS OPENED JUNE 25, 2019 VENDOR INFORMATION BID INFORMATION Midland Engineering Company. Inc. 52369 State Road 933 North South Bend IN 46637 BID $384,700.00 PREQUAL YES BID BOND YES JULY 23, 2019 19-409 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PROFESSIONAL SERVICES PROPOSAL TO LEE RECREATION, LLC FOR PLAYGROUND DESIGN AND INSTALLATION FOR MENOMINEE PARK LITTLE OSHKOSH REPLACEMENT ($495,000.00) INITIATED BY: PURCHASING DEPARTMENT WHEREAS, the Common Council allocated $500,000.00 in the 2019 Park Improvements Capital Improvement Program to replace the play equipment at Menominee Park Little Oshkosh, and WHEREAS, staff solicited proposals for the design and installation of playground equipment pursuant to the professional services exception under Section 12-16 of our Municipal Code which allows for the waiving of formal competitive bidding; and WHEREAS, the public input was sought related to the top five (5) proposals received through a POLCO survery and in person at the Live at the Leach Concern on July 9, 2019; and WHEREAS, based upon the public input received and a professional review by staff the proposal from Lee Recreation, LLC was selected as the most advantageous proposal. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Lee Recreation, LLC for Playground Design and Installation for Menominee Park Little Oshkosh in the amount of four hundred ninety-five thousand dollars and no cents ($495,000.00). Acct. No. 0325-0610-7204-62901 Parks Improvement Fund - Machinery & Equipment City W Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jon Urben, General Services Manager DATE: July 16, 2019 RE: Approve Professional Services Proposal to Lee Recreation, LLC for Playground Design and Installation for Menominee Park Little Oshkosh Replacement($495,000.00) BACKGROUND The Common Council allocated $500,000.00 in the 2019 Park Improvements Capital Improvement Program to replace the play equipment at Menominee Park Little Oshkosh which was installed in 1997. The Parks Department worked with the public to identify types of playground equipment they would like included within the design at Menominee Park Little Oshkosh by visiting youth at the Boys and Girls Club and Oshkosh schools. The Parks Department and Purchasing included these ideas and specifications into a Request for Proposal (RFP) and solicited proposals from playground design firms. The proposals requested firms to provide up to 3 playground designs, with proposals to include the equipment, installation, accessible perimeter walk and poured-in-place rubber surfacing. ANALYSIS The RFP was issued for this project on June 3, 2019 and sent to known playground design firms. Proposals were due June 25, 2019. Proposals were received from 8 firms. The top five proposals were reviewed by the public through an online POLCO survey and in person at the July 9, 2019 Live at the Leach Concert with over 1,000 responses received. Respondents overwhelmingly selected proposa1142- 119615-1 from Lee Recreation, LLC. FISCAL IMPACT The total fiscal impact of Lee Recreation, LLC's proposal is $495,000.00. The proposal includes the equipment, installation, accessible perimeter walk and poured in place rubber surfacing. The Common Council allocated $500,000.00 for play equipment in the 2019 Park Improvements Capital Improvement Program. Funding for this playground equipment will be from A/N#: 0325-0610-7204-62901. RECOMMENDATION Section 12-16 of the Municipal Code provides that subject to approval of the City Manager,the City may enter into professional service agreements without following a competitive bidding or quotation process. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Lee Recreation, LLC, 260 W. Main Street, Cambridge, WI 53523 for $495,000.00. If you have any questions on this purchase please contact Parks Director Ray Maurer. Respectfully Submitted, Approved, Jon G. Urben, General Services Manager Mark A.Rohloff, City Manager JULY 23, 2019 19-410 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN CHANGES,BIDDING ASSISTANCE, ENVIRONMENTAL & FIELD INSPECTION SERVICES FOR THE CONSTRUCTION OF CITY CONTRACT NO. 19-02 JELD-WEN / STRINGHAM WATERSHED OUTFALL RECONSTRUCTION / AECOM TECHNICAL SERVICES, INC. ($121,805.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with AECOM Technical Services for design changes, bidding assistance, environmental and field inspection services for the construction of City Contract No. 19-02 Jeld-Wen/Stringham Watershed Outfall reconstruction in the amount of one hundred twenty-one thousand eight hundred five dollars ($121,805.00) Acct. No. 0321-0410-6804-04902 Contract Control Fund - Storm Sewer City of W Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager/City Engineer DATE: July 18, 2019 RE: Approve Agreement for Professional Services for Design Changes, Bidding Assistance, Environmental, and Field Inspection Services for the Construction of City Contract 19-02 Jeld-Wen/Stringham Watershed Outfall Reconstruction/ AECOM Technical Services,Inc. (AECOM) ($121,805) BACKGROUND AECOM was previously contracted to complete the evaluation of flooding and development of the storm water watershed model of the Jeld-Wen/Stringham Watershed, prepare permit applications for the Wisconsin Department of Natural Resources and the United State Army Corps of Engineers for construction and dredging permits, prepare draft construction drawings, and provide bidding assistance. The results of the modeling showed that the existing box culvert size and invert elevation do not provide sufficient capacity to meet the City's storm water management goals. AECOM was asked to design the new box culvert and assist in the bidding of this project. AECOM was also requested to provide a scope of services for providing environmental and field inspection services during the construction of this project. ANALYSIS This agreement includes fees for the box culvert design changes and the bidding assistance services, and the fees for the proposed scope of services for providing environmental and field inspection services. Engineering Division staff reviewed the proposed cost, and found that it is in line with the level of effort necessary to complete the project. AECOM was chosen to perform these services because of their experience in providing similar services to the City. I:\Engineering\2019 CONTRACTS\19-02 jeld-Wen Page 1 of 2 Outfall\Project_Information\Correspondence\Memo\19-02 AECOM Memo-Des Chgs,Bid Assist, Env,&Field Insp Serv_7-18-19.docx FISCAL IMPACT The proposed fee is not to exceed $121,805. Funding for these services is included in the 2019 Capital Improvements Program. This fee was included in the bid award memo for Advance Construction, Inc.'s services dated July 4, 2019. RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the proposal and in accordance with Section 12-16 of the Code,I am hereby recommending the Common Council approve this agreement. Approved, Mark A. Rohloff City Manager JG/t1t 1:\Engineering\2019 CONTRACTS\19-02 Jeld-Wen Page 2 of 2 Outfall\Project_Infor nation\Correspondence\Memo\19-02 AECOM Memo-Des Chgs,Bid Assist, Env,&Field Insp Serv_7-18-19.docx AECOM Imagine it. AECOM /•��` Delivered. 558 North Main Street Oshkosh,WI 54901 ---_ _ --_ aecom.com RECEIVED June 24, 2019 JUN 2 5 2019 AECOM Proposal No. Mr. Justin Gierach, P.E. OPP 805452 Engineering Division Manager/City DEPT OF PUBLIC WORKS Engineer OSHKOSH, WISCONSIN City of Oshkosh 215 Church Avenue Oshkosh,Wisconsin 54903-1130 Proposal for Design Changes, Bidding Assistance, Environmental, and Field Inspection Services Related to the Construction of City Contract 19-02-JELD-WEN/Stringham Watershed Outfall Reconstruction, Oshkosh,Wisconsin Dear Mr. Gierach, AECOM Technical Services, Inc. (AECOM) is pleased to present this proposal to the City of Oshkosh (City)related to the design change, bidding assistance, environmental, and field inspection services for City Contract 19-02- JELD/WEN Stringham Watershed Outfall Reconstruction in Oshkosh,Wisconsin. Project Understanding AECOM has completed the evaluation of flooding and development of the storm water watershed model, prepared permit applications and received approval from Wisconsin Department of Natural Resources(WDNR)and United States Army Corps of Engineers(USACE)for construction and dredging permits, and prepared draft construction drawings for JELD-WEN/Stringham Watershed Outfall reconstruction project. Based on the results of the storm water watershed modeling,the existing box culvert size and invert elevation do not provide sufficient capacity to meet City storm water management goals. As upstream storm water improvements are made, such as the South Park Lagoon Reconstruction Project,this box culvert conveyance system needs to be upgraded to realize the full potential reduction in flooding during precipitation events. Project Documents for Contract 17-14, South Shore West(JELD-WEN Property) Section Riverwalk included the draft design of the box culvert, outfall, and associated dredging of the Fox River for this project. The box cul ert, outfall, and dredging were not included in the bidding of that project. Contract 17-14 South Shore West Segment of the Riverwalk crosses the box culvert and will be constructed along both the east and west sides of the outfall. This project has been completed and will require coordination with the box culvert, outfall, and dredging project. AECOM was retained to update the bidding documents in August 2018, proposal number OPP-718190. The bidding documents for Contract 19-02 JELD-WEN/Stringham Watershed Outfall Reconstruction have been completed. This proposal presents our understanding of the project, request for compensation for additional design services, bidding assistance, and our proposed scope of work for environmental and inspection services. Project Challenges • The project includes dredging, dewatering, and disposing of approximately 3,000 cubic yards of impacted sediment from the Fox River. • The project subsurface soil and groundwater are impacted solid waste that contains solvents and/or petroleum. The impacted soil and groundwater will be managed in accordance with WDNR requirements. • Constant storm water base flow through the box culvert is, on average, 5 to 8 cubic feet per second. In addition, the storm sewer system will be active during all precipitation events. • The dredging means and methods and associated schedule to complete the project are to be provided by the Contractor. Therefore,the attached estimate of services is subject to change based on the actual Contract construction schedule. • Sediment dewatering and disposal is subject to dredging means and methods and associated sediment dewatering, landfill acceptance, and rain events. The sediment disposal may extend into the winter of 2020. Therefore, restoration of the sediment dewatering area may not occur until spring of 2020. K:\PROPOSAL\City of Oshkosh\OPP-805452_JELD-WEN-Stringham Outfall\OPP-805452_19-02 Stringham Outfall CM Proposal.docx 1/5 AECOMImagine it. Delivered. Task 1 - Sanitary Design Addition AECOM was retained to update the design and bidding documents previously prepared under City Contract 17-14-South Shore West(JELD-WEN Property) Section Riverwalk. The scope of work as outlined in AECOM's proposal OPP-718190 has been completed. During the design review, City staff requested AECOM to evaluate if a sanitary pipe could be installed under the box culvert extending from Iowa Street into the former JELD-WEN site. AECOM provided a draft plan and profile of the maximum sanitary pipe size and casing with pipe inverts. AECOM included the new sanitary piping, casing, and associated manhole in the bidding documents. This sanitary sewer was added in an effort to reduce future cost and difficulty of installing the sanitary pipe under the new box culvert. The sanitary sewer is intended to support the future development of the former JELD-WEN site. Task 2 - Bidding Assistance City staff requested AECOM provide bidding assistance for this project. These services were not included in the design proposal, as the bidding schedule was not established at the time the proposal was prepared. The City will provide a contact for bidding questions. All questions will be forwarded to AECOM for review and comment. The questions and recommended answers will be summarized in a Microsoft Word document format and supplied to the City. In addition,AECOM will prepare one draft addendum for City review, if required. AECOM staff will attend a pre-bid meeting. A draft agenda will be provided to City staff for review. In addition, AECOM will prepare meeting minutes to be included in the project addendum. Deliverable: AECOM will provide a draft electronic copy of all bidding questions and recommended answers and one project document bidding addendum. In addition,AECOM will prepare an electronic copy of the pre-bid meeting minutes. Assumptions • The City will prepare all front-end bidding documents including the proposal, submit the Notice to Contractors as required for municipal bidding requirements, and compile into a single PDF and upload the document on to the Quest bidding services site. This will include any necessary addendum. Task 3 - Environmental and Field Inspection Services The City will provide the overall project management for this project. AECOM will provide environmental and field inspection staff that report to the City project manager. This proposal is based on the following assumptions: • The City will provide the Project Management for this project and AECOM will provide environmental and field inspection staff. • AECOM will review the dredging/dewatering and box culvert structure submittals including the reinforced concrete transition chamber. The City will review all other project submittals. • The City will be responsible for construction staking and as-built survey of the project. • The City will be responsible for Erosion Control weekly inspections. • The City will be responsible for documentation of any water utility and electrical work. • Measurement of bid item quantities will be a team effort between the City and AECOM. AECOM will provide daily measurements of field quantities to the City and the City will provide any surveying which is required. • AECOM will prepare an Environmental Summary Report for WDNR submittal in compliance with Post-Closure Modification requirements. In addition,AECOM will provide a material testing and sediment management report. K:\PROPOSAL\City of Oshkosh\OPP-805452_JELD-WEN-Stringham Outfall\OPP-805452_19-02 Stringham Outfall CM Proposal.docx 2/5 AECOM Imagine it. Delivered. AECOM will provide on-site environmental documentation and inspection staff as needed for the duration of the project. Field and laboratory testing will be provided as identified in this scope of work to document compliance with project plans and specifications. A summary of tasks is provided below. • Provide full-time senior environmental and field inspection staff(based on project need)on site during construction events,we anticipate one full time inspector will be required to meet the project schedule needs. • Conduct site observations of the work in progress, determine if the work is generally proceeding in accordance with the Contract Documents, and determine that completed work appears to conform to the Contract Documents and the current edition of the Standard Specifications for City of Oshkosh, Wisconsin. • Document dredging practices, review sediment dewatering site conditions for permit compliance, and provide transportation manifests for disposal of approved dredged material. • Provide the City with weekly bid item quantities.The quantities will be provided on a spreadsheet prepared by the City. Survey quantities for appropriate bid items will be provided to AECOM by City survey crews. • AECOM will provide one PDA tablet with Laserfiche and Survey 1,2,3 for the field staff. This PDA is to be connected to the City server for downloading information. • Report to the City whenever AECOM field staff believes that any work is unsatisfactory, faulty or defective, or does not conform to the Contract Documents and advise if work should be corrected or rejected. • Notwithstanding that it is the Contractor's sole responsibility for job site safety,AECOM will report immediately to the City the occurrence of any accident. • Provide laboratory material testing to document conformance with plans and specifications.At this time,we anticipate soil testing to include determination of dry density on the back-fill materials, we also anticipate testing will include extraction gradations for bituminous pavement and compressive strength for concrete materials placed. A laboratory testing budget is established in attached Fee Estimate. • Provide field testing to document conformance with plans and specifications. Record horizontal and vertical coordinates of each individual test location so as to allow later identification and inclusion in the project construction documents. Testing to include: nuclefr density compaction testing for soils and bituminous pavement, and cast-in-place concrete placement monitoring. • Provide photo documentation throughout the construction period. • Provide vehicles, necessary equipment, and material for inspection. • Before issuance of the"Certificate of Substantial Completion,"AECOM will prepare and submit to the contractor a list of observed items requiring completion or correction. • AECOM will review the Contractor submittals for the box culvert structures and dredging and dewatering plan. AECOM will provide the City Project Manager with suggested review comments for incorporation with City review comments. Agency Agreement Authority to Act as Agent for Company Pursuant to the terms and conditions of the Master Service Agreement for Services provided by AECOM Technical Services, Inc. (hereinafter"CONTRACTOR")for the City of Oshkosh(hereinafter"COMPANY"), dated April 2009, (hereinafter referred to as the"Agreement"or the"MSA"), which Agreement is incorporated herein by this reference between CONTRACTOR and COMPANY. COMPANY hereby authorizes CONTRACTOR to act as its agent for the purpose of arranging for the transport and/or disposal of waste("Services")encountered while providing the services described in CONTRACTOR'S proposal number OPP-805452, dated June 25, 2019, when the DESCRIPTION OF WORK of a specific Request for Services ("RFS")or Agreement so states. COMPANY shall defend, indemnify, and hold CONTRACTOR, its employees,agents, and subcontractors harmless against any claim, actions, causes of action, liability,judgments, fines, penalties, and costs reasonably incurred which K:IPROPOSAL\City of Oshkosh\OPP-805452_JELD-WEN-Stringham Outfaii\OPP-805452_19-02 Stringham Outfall CM Proposal.docx 3/5 AECOM Imagine it. a` 'r, Delivered. arise out of CONTRACTOR's actions within the scope of its authorization as agent for COMPANY for Services in accordance with the MSA, except to the extent such claims, actions, causes of action, liability,judgments, fines, penalties, and costs arise out of CONTRACTOR's negligence, breach of contract, or willful misconduct which in whole or in part caused the damage, injury, or loss. CONTRACTOR shall defend, indemnify, and hold COMPANY, its officers,directors, and employees harmless against any claims, actions, causes of action, liability,judgments, fines, penalties, and costs reasonably incurred which arise out of CONTRACTOR's negligence, breach of contract,or willful misconduct. For transport and disposal activities undertaken by CONTRACTOR in accordance with this Agreement, it is agreed that CONTRACTOR shall under no circumstances be considered the generator of any Waste from the project site pursuant to any environmental or other law or regulation. It is further agreed that nothing in this authorization is intended to transfer or convey ownership of such Waste to CONTRACTOR AECOM proposes a team comprised of Paul Timm,Account Manager; Tim Wolf, Project/Submittal Manager;Thomas Bishop, Senior Field Staff; Mike Pawlak, Field Staff;Jeremy Thomas, P.E., Geotechnical Engineer; David Adkins, P.E. Structural Engineer; and Travis Brand, CAD designer. This proposed team has been selected to provide AECOM staff that understand client expectations, have previous project involvement, have been involved with similar projects, understand respective project responsibilities, are located locally, and provide a reasonable cost approach with sensitivity to overall project cost. Estimated Fees The services described in this proposal will be provided on a time and materials basis for an estimated fee of $121,805, as summarized in the attached detailed breakdown including level of effort per assigned staff. AECOM will only charge for actual incurred costs. If the project is completed outside of the assumptions,AECOM may request to reduce or increase the budget accordingly. The services provided will be performed in accordance with the negotiated 2019 Fee Schedule and the conditions of the April 2009 City of Oshkosh Negotiated General Conditions of Service, which are expressly incorporated into, and are an integral part of, our contract for professional services.AECOM can begin providing these services immediately upon receipt of the signed Authorization Form (attached). If services to be provided under this proposal require the agents, employees, or contractors of AECOM to enter onto the Project site, Client shall provide right-of-access to the site to AECOM, its employees, agents, and contractors, to conduct the planned field observations or services. We appreciate the opportunity to provide engineering services to the City of Oshkosh. If you have any questions regarding the proposed project approach or corresponding costs, please contact us at your convenience. If you have any questions or need to clarify a point, please call Paul Timm at 920-235-0270. Yours sincerely, A 11M Technical Services, Inc. 6ititi„ .7.4.4171 Jer- y•as, .E. Kevin Brehm, P.E. (WI) C P sec to Hager Associate Vice President losures: Authorization Project Fee Estimate K:\PROPOSAL\City of Oshkosh\OPP-805452_JELD-WEN-Stringham Outfall\OPP-805452_19-02 Stringham Outfall CM Proposal.docx 4/5 • /�_CO.A Imagine it. /'1_ '�` Delivered. 558 N Main Street Oshkosh,Wsconson 54901 920.236.6710 Authorization June 24, 2019 I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. I hereby authorize AECOM to proceed with the scope of work for Design Change, Bidding Assistance, and Environmental and Field Inspection Services Related to the Construction of City Contract 19-02-JELD- WEN/Stringham Watershed Outfall Reconstruction, Oshkosh,Wisconsin as described in AECOM's proposal number OPP-805452 dated June 24, 2019, with a budget authorization of$121,805 under the general terms and conditions specified in the proposal. Signature Date Mark A Rohloff Print Name City Manager Title/Organization Signature Date Pamela R. Ubrig Print Name City Clerk Title/Organization Signature Date Lynn A. Lorenson Print Name City Attorney Title/Organization Signature Date Trena Larson Print Name Director of Finance Title/Organization K:\PROPOSAL\City of Oshkosh\OPP-805452_JELD-WEN-Stringham Outfall\OPP-805452_19-02 Stringham Outfall CM Proposal.docx 5/5 JULY 23, 2019 19-411 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR STORM WATER MANAGEMENT PLAN FOR GALLUPS / MERRITTS CREEK WATERSHED / BROWN AND CALDWELL ($13,975.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate amendment to the professional services agreement with Brown and Caldwell for engineering services related to the development of a Storm Water Management Plan for the Gallups/Merritts Creek Watershed in the amount of thirteen thousand nine hundred seventy-five dollars ($13,975.00). Acct. No.0321-0410-6804-049xx Contract Control Fund - Storm Sewer City of Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager/City Engineer DATE: July 18, 2019 RE: Approve Amendment to Professional Services Agreement for Storm Water Management Plan for Gallups/Merritts Creek Watershed/Brown and Caldwell ($13,975) BACKGROUND A professional services agreement with Brown and Caldwell for developing a storm water management plan for the Gallups/Merritts Creek Watershed was approved by the Common Council on June 9, 2015. During the course of the project, Brown and Caldwell was requested to analyze the culvert crossing at the southern end of runway 18-36 at Wittman Regional Airport. ANALYSIS Wittman Regional Airport is planning to reconstruct Taxiway A and, as a part of the reconstruction, is planning to replace the existing twin 63" by 87" corrugated metal pipe (CMP) culverts under the taxiway at the southern end of runway 18-36. The existing twin CMP culverts under runway 18-36 are not planned for replacement until such time as the runway pavement requires replacement. The City requested that Brown and Caldwell help analyze the impacts of changing the culvert capacity with regards to flooding potential upstream and downstream of the airport. FISCAL IMPACT Staff has reviewed the amendment and the proposed costs and has found the costs consistent with the level of effort that will be expended in order to complete this additional work. The amount of this amendment is$13,975. This will raise the total agreement amount to$149,163(not to exceed). Funds for this project are included in the Storm Water section of the 2015 Capital Improvement Program. \Engineering\Tracy Taylor\James'Agreements\Brown&Caldwell\2015\Ga llups-Merritts Page 1 of 2 Crk\Brown&Caldwell CC Agenda Memo-SWMP CA#1_7-18-19.docx RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the amendment and in accordance with Section 12-16 of the Code, I am hereby recommending the Common Council approve this amendment. Approved, Mark A. Rohloff City Manager JER/tit 1:\Engineering\Tracy Taylor\James'Agreements\Brown&Caldwell\2015\Gallups-Merritts Page 2 of 2 Crk\Brown&Caldwell CC Agenda Memo-SW MP CA 11_7-18-19.docx Attachment A Amendment#2 to Gallups/Merritts Creek Watershed Storm Water Management Plan RECEIVED Brown and Caldwell Project# 148104 City of Oshkosh Reference: Authorization Date: 6/9/2015 JUN 11, 2019 2l 2019 DEpT OF u8Ll WOI This Attachment A documents additional scope and tasks requested of Brown and CaldwelI(Bej•bVyt1tg‘�J l KS City of Oshkosh(City)for services under the Gallups/Merritts Creek Watershed Storm Water NSIN Management Plan project(City Authorization Date 6/9/15; BC Project# 148104)agreement dated July 1, 2015. Scope Changes Add Task 10 to the scope of work as follows: Task 10. Analysis of Culvert Crossing at South End of Airport Runway(#18—36) The Wittman Regional Airport is planning changes to the existing twin 63"x 87"CMPA culverts located at the south end of Runway#18-36. The airport will be reconstructing Taxiway A and plans to replace the twin 63"x 87"CMPA culverts. The airport is considering two pipe sizes,twin 78"RCP or twin 53"x 83"HERCP culverts in the vicinity of Taxiway A. The existing twin CMPA culverts will not be fully replaced under Runway#18-36 until the runway pavement requires replacement. The City wants to analyze the impacts of increasing the existing culvert capacity regarding flooding potential west and east of the airport. Under this new task, BC will conduct the following work. 10a Revise the existing XPSWMM model to replace the existing twin CMPA to twin 78" RCP culverts under Taxiway A and Runway#18-36. 10b Revise the existing XPSWMM model to replace the existing twin CMPA to twin 53"x 83" HERCP culverts under Taxiway A and Runway#18-36. 10c Revise the existing XPSWMM model to replace the existing twin CMPA to a 6' x 12' concrete box culvert. It is anticipated that this will increase peak flow rates and flow volumes downstream of Wittman Regional Airport. Initial results of the modeling will be documented and discussed with the City. No further analysis of mitigation measures will be conducted. l Od Conceptually resize a dry detention basin to be located west of the twin CMPAs. The detention basin will be sized to prevent overland discharge north(to the Glatz Creek Watershed) under the 100 year,3-hour rain event. The conceptual dry detention basin will be incorporated into the scenarios described under subtasks 10b and 10c. l0e Run the XPSWMM model with the revisions described above under the following rain events: Table 1 Storm Events for Modeling Rainfall Duration Rainfall Depth Recurrence Interval (hours) (inches) 10-year 3-hour 2.28* 25-year 3-hour 2.85* 100-year 3-hour 4.06* June 2008 15-hour 4.94** * Rainfall Frequency Atlas of the Midwest(1992) Gallups_Merritts Amend 2 Final 1 Attachment A Amendment#2 to Gallups/Merritts Creek Watershed Storm Water Management Plan Brown and Caldwell Project# 148104 City of Oshkosh Reference: Authorization Date: 6/9/2015 June 11,2019 ** Rain duration and depth recorded at Wittman Regional Airport,Oshkosh,WI 10f Prepare maps and tables summarizing the runoff surface ponding depth and extent for each rain event in Table 1 under the conditions described in subtasks 10a, 10b, and l Oc. lOg Prepare an additional section of the Gallups/Merritts Creek Watershed Regional Storm Water Management Plan(Task 7)describing the results of the analysis under this amendment. 10h The following meetings are included with this budget: 1) Attend(via conference call)a meeting with City Staff, Wittmann Regional Airport representatives,and OMNNI Associates(Airport's Consultant)to discuss the proposed Taxiway A project. 2) Hold one meeting with City Staff at the City of Oshkosh City Hall to review the results from the initial analysis. 3) Hold a second meeting with City Staff at the City of Oshkosh City Hall to review the results from the final analysis. Revision to Attachment A—Schedule. The schedule for final deliverables is revised to December 31,2019. Budget Amendment All work will be conducted under the terms and conditions as described in the Gallups/Merritts Creek Watershed Storm Water Management Plan agreement dated July 1,2015. The Amendment budget is provided below: Additional Task Hours Costs #10 Analysis of Culvert Crossing at South End of Airport Runway(#18—36) 88 $13,975.00 Current contract amount= $128,221.00 Amendment#1: $ 6,967.00 Amendment#2: $ 13,975.00 Amended Contract Amount: $149,163.00 Assumptions 1) All work on this amendment will be completed by December 31, 2019. Gallups_Merritts Amend 2 Final 2 JULY 23, 2019 19-412 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / BADGER STATE OUTBOARD ASSOCIATION / UTILIZE MENOMINEE PARK MILLERS BAY FOR THE SHAKE THE LAKE HYDROPLANE RACES/AUGUST 31 - SEPTEMBER 1, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Badger State Outboard Association(Darrel Ludwig)to utilize Menominee Park Millers Bay on Saturday, August 31 at 10:00 a.m. through Sunday September 1, 2019 at 5:00 p.m. (event times will be 10:30 a.m. — 5:00 p.m. daily) for the Shake the Lake Hydroplane Races in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Fire Staffing $1,860.04 (preliminary estimate includes 13 dedicated hrs. of paramedic services) Equipment/Vehicle $263.25 (preliminary estimate includes 13 dedicated hrs. of an ambulance) 1 o �7�,Iris zpf SPECIAL EVENT" PERMITOsh APPLICATION ko�sh 2019 The completed,application can be mailed to: Oshkosh Seniors center,Special.Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,54902, All applications must include a detailed layout/route and the application fee($25 single day event/$35 multi-day event), GENERAL INFORMATION Official Name of Event:. Shake The Lake Start Date, �'_7ndDate: Please list times each day along with the times of the event: MON TUES 7 WEDTHURS FRl SAT SUN SET UP TIME noon till dusk START TIME 1 Oam Sam END TIME CLEAN UP TIME 5prr1 till 7pn1 G If your event will have specific activities that start at different times throughout the event,please list the activities with dates and lames below. (Example: event runs for three days butt one day has a wa9k/rta:n. List the activity as walk/ruin and list the specific date and time it will take place.) l:">F Location of the Event: ❑■Park/Public Property ❑Public Street/Sidewalk/Alley/Right of Way ❑Private Property ❑Other Please list name of Park/Street/Building/etc.: Please list streets,sidewalks or other public property that may be closed or otherwise affected: Menominee Perk, The main docks and ramps in Millers Bay during racing hours Location of Event Parking: Normal parking fat in park (I addiflonal cityparking lots or turf areas are needed fur parking,a parking or turf agreement may be required.) i ��r I Peetz, _ n Softbail f✓ Diamonds �( 1 Sheltar#'5. LU ,. SheIter#,4 LA MJJlers Gaz:.bbn rn Kiwanis Ite 1 - - 0. (..I 575 - _ wM Am ss m nt ! 'ids Shelter#2 s Pestr©'oms z , r T - - ,_ _ y P017 s. I Z T Sao fanntrne sLq Hach House ��r]IIIS r I A QUCtSA `Li sh" - �R AV — the Os.hko . g - MEPR ITT AVE .. Playground Lake AV r . t<I//717eb,3 .. _ Menominee Park b4 E Facilities O—rHK JH S hlpo Printed:March 22,2212 JULY 23, 2019 19-413 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / OSHKOSH SENIOR SOFTBALL / UTILIZE REETZ SOFTBALL COMPLEX AT MENOMINEE PARK FOR THE BADGER CLASSIC SENIOR SOFTBALL TOURNAMENT/ SEPTEMBER 5-8, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Oshkosh Senior Softball(Jerry Diemel) to utilize Reetz Softball Complex at Menominee Park from Thursday, September 5 through Sunday, September 8,2019 (actual events times will be Thursday, September 5 from 8:00 a.m.to 4:00 p.m.;Friday, September 6 from 9:00 a.m. to 7:00 p.m.;Saturday,September 7 from 9:00 a.m. to 7:00 p.m.; and Sunday, September 8 from 9:00 a.m. to 3:00 p.m.)for their Badger Classic Senior Softball Tournament, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None �quv�wqq�pu 5 SPECIAL EVENT: PERMIT DROP APPLICATION lwOshkosh2019 The completed application can be mailed to: Oshkosh'Senion Center,special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,54902. All applications must include a detailed layout/route and the application fee($25 single day event/$;35 multi-day event). GENERAL INFORMATION Official blame of Event: Ed Anderson Memorial Badger Classic Senior Softball Tournament Start Date.: End.Date: September 5, 2019 September 8, 2019 Please list tunes each day alon with the times of the event: MON TUES WED TH RS ERI SAT SUN SET UP TIME 7;00 Am 8:00 AM 8:00 AM 8:00 AM START TIME 8;00 AM 9:00 AM 9:00 AM 9:00 AM END Tlvf 4.00 PM 7:00 PM 7:00 PM 3:00 PM I CLEAN LT TIME 5:00 PM 8:00 PM 8:00 PM 3:30..PM If your event will have specific activities that start at t i ererit titnes ffur oughout the-event, please list the activities with dates and times below. (Example: event runs for three days but one day has a walk/rum. List the activity as walk/run and list the specific date and time it will tape place.) i Location of the Event: 9Park/Public Property ❑Public Street/Sidewalk/Alley/Right of Way ❑Private Property Daher j Please list name of Park/Street/Building/etc.: Please list streets, sidewalks or other public property that may be closed or otherwise affected: None: Location of Event Parking: Menornninee Reetz Softball Complex by Millers Bey and Hazel Street between Irving a (I addditiowl ci arkin lots ux ha are�es are heeded urkin ,a axkin ux to agreement rrx he xe uared.J i e F 1 ' se z J Parking Area . ;' 1-4 NRi m 49 ram: ur ,vt'. KO,' ''k .3` S g+ 1 7 ♦ -,r.Y" mix- ZU r } �xrr - 1 y "nip ,. -.r r ref �.� 'rae ,U -+ tA M 3 RWM CiSCLAIMER. Thsr map a nelt4er a leSafa,y rsorded map 1 ahis dranditis oot pilIded o rurds,t one- Tournament Parking This dr xnasg.is acnmpd a n.of records data i,,_,/�„d J � �+i L Ilf,��l snd lndrarmatian located 1.Yarrow rt") WdY ' andrtate offices and other 8nu reel sfEtcdng � _H_ /H, � the area shmwu and it n to h Used.for rerercacn ✓ na purpnsesnnty.TheCityof()shknchVxnotre- Scale. 1�r '-= 250' A, sponsihlc Lar any[nac:.vracir-s hereCa euntuescc4. City of CShkosh Ar diurepcacicaarcro himcuecantad tlic community Developme'nt.. City nLOrhkoch,. Source:CYy of Oshkosh US JULY 23, 2019 19-414 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / FIRST CONGREGATIONAL CHURCH/UTILIZE BROWN STREET FOR THE FCC FUN FEST/ SEPTEMBER 8, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to First Congregational Church(Liz Kaprelian) to utilize Brown Street on Sunday, September 8, 2019 from 8:00 a.m. to 2:00 p.m. (event time from 11:00 a.m. to 1:00 p.m.) for the FCC Fun Fest event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Streets Staffing $45.53 (preliminary estimate includes one hour personnel to drop off and pick up barricades) Equipment/Vehicle Use $11.42 (preliminary estimate includes the use of truck for one hour to drop off and pick up barricades) Supplies /Materials $44 (preliminary estimate includes 8 barricades and signs for road closure) i V"SPECIAL EVENT PERMIT "r IFAM IF APPLICATION Oshkosh2019 The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,54902. All applications must include a detailed layout/route and the application fee($25 single day eventj$35 multi-day event). GENERAL INFORMATION Official Name of Event: FC ., w s Start Date: Cs "3 End Date: , M � . Please list times each,day along with the times of the event: MON TUES WED THURS FRI SAT SUN SET UP TIME. START TIME END TIME CLEAN UP TIME ) . h. If your event will have specific activities that start at different times throughout the event,please list ; the activities with dates aa.id iirrx.es below, (Example: event rims for tlu'ee days but one:, day has a walk/run. list the activity as walk/run and list the specific date and tinge it gill take place.) r if i Location of the Event: ❑Park/Public Property Erfublic Street/Sidewalk/Alley/Right of Way El Private Property ❑Other Please list name of Park/Street,Building/etc: r Please list streets,sidewalks or other public property that may be dosed-6 otherwise affected: Location of Event Parkin "iw, (If additional city parking tots or turf areas are needed for parking,a parking or turf agreement may be required.) y-r r� 3 == z JULY 23, 2019 19-415 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT/TRINITY LUTHERAN CHURCH& SCHOOL / UTILIZE MENOMINEE PARK FOR THE MAKE A JOYFUL NOISE EVENT/ SEPTEMBER 14 & 15, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Trinity Lutheran Church & School (Tim Herlihy) to utilize Menominee Park on Saturday, September 14 and Sunday, September 15,2019 for the Make a Joyful Noise event (actual event times will be Saturday 10:00 a.m. to 9:00 p.m. and Sunday, September 15 from 9:00 a.m. to 9:00 p.m.) in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None SPECIAL EVENT PERMIT Oshkosh APPLICATI0N cxpp ' 'Ce PCI 2019 The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, Wl,54902. All applications must include a detailed Iayout/route and the application fee($25 single day event/$35 multi-day event). I GENERAL INFORMATION Official Name of Event: 1 cK_ C) Start Date: End Date: � '� 4.• Please list times each day along with the times of the event: MON TUES WED TIIURS FRI SAT SUN SET UP TIME q /4-1— i•-- START'1'11VIE /0 A"I-7 10 A,.v END TIME P i CLEAN UP TUAE If your event will have specific activities that start at different times throughout the event,please list the activities with dates and times below. (Example: event runs for three days but one day has a walk/run. List the activity as walk/run and list the specific date and time it will take place.) l c�s�c a l l w e e_ kee-1 r d f5 �ri� �f�rV/Ce a It >f Location of the Event: Park/Public Property ❑Public Street/Sidewalk/Alley/Right of Way ❑Private Property ❑Other Please list name of Park/Street/Building/etc.: Please list streets,sidewalks or other public property that may be closed or otherwise affected: Location of Event Parking: (If additional city parking lots or turf areas are needed fur parking.a parking or turf agreement may be re uued.) tia i ��� Ptatd Tr 3r/ 1 1 tt � y � � } i• Q� � n r 1. �•"8 `in Park pttec�Streel'K�ds Fts�ieree.,•,�� r � ' Kfi m' JULY 23, 2019 19-416 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT/COOL EVENTS LLC/TO HOLD THE BUBBLE RUN 5K ON THE EXPERIMENTAL AIRCRAFT ASSOCIATION (EAA) GROUNDS/ SEPTEMBER 21, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Cool Events, LLC (Tess Barbour) to hold the Bubble Run 5K on the Experimental Aircraft Association(EAA) grounds, Saturday, September 21, 2019, from 8:00 a.m. to 12:00 p.m.,in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Police Department Staffing $249.44 (preliminary estimate includes 16 hrs. of dedicated CSO hrs.) Fire Department Staffing $715.40 (preliminary estimate includes dedicated paramedics for 5 hrs.) Equipment/Vehicle Use $101.25 (preliminary estimate includes dedicated ambulance for 5 hrs.) i 8621'W17 SPECIAL EVENT PERMIT Oshkosh APPLICI�TION 'p Few Pza1g The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,54902. All applications must include a detailed layout/route and the application fee($25 single day event/$35 multi-day event). GENERAL INFORMATION Official Flame of Event: Bubble Run 5k Start Date: End Date: 9/21/19 �9/2cl/l 9 Please list times each day along with the times of the event: 6t MON TUES WEDS I THURS FRI tAT SUN SET UP TIME 7am-4pm 4am-8am START TIME am END TIME 12pm CLEAN UP TIME 12pm-6pm If your event will have specific activities that start at different times throughout the event,please list the activities with dates and times below. (Example: event runs for three days but one day has a walk/run. List the activity as walk/run and list the specific date and time it will take place.) Location of the Event: El Park/Public Property ❑Public Street/Sidewalk/Alley/Right of Way XPrivate Property ❑Other Please list name of Park/Street/Building/etc.: FAA VX Please list streets,sidewalks or other public property that i6y be closed or otherwise affected: Wau kau Ave Location of Event Parking: Orange Lot at EAA (If additional city parking lots or turf areas are neededjbr parking,a parking or turf agreement may be re mired.) _ rt 1IJJ y,s k 414 ILL r _. . m .i • i 4 f •w w w e m C Y [C a 4t r- l4 ti Z5 c w i y III a � a 0 o it E o w � I ,n C Sill 6 .n lA u. V t +{ 9i 3- ,nn4 Ptl:h�-a,aq y el 1 s. .{ - a I d 3 �lqAS } JULY 23, 2019 19-417 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / COMMUNITY FOR HOPE / UTILIZE MENOMINEE PARK AND CITY STREETS FOR THE 5K WALK/RUN FOR SUICIDE AWARENESS/SEPTEMBER 21,2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Community for Hope (Dan Hinton) to utilize Menominee Park and Hazel Street on Saturday, September 21,2019 from 7:30 a.m. to 11:30 a.m. for the 5K Walk for Suicide Awareness in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Police Department— Cones /No Parking Signs $27.50 (preliminary estimate includes dedicated use of cones and No Parking Signs) Staffing $249.44 (preliminary estimate includes 16 dedicated CSO hrs.) Equipment/Vehicle $31.38 (preliminary estimate includes us of dedicated vehicles for 4 hrs.) SPECIAL EVENT PERMIT P CAPOshkosh p 2019 The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,54902. All applications must include a detailed layout/route and the application fee($25 single day event/$35 multi-day event). f GENERAL INFORMATION Official Name of Event: 5 K WO) L) PUn �Oy--Sw"o'ck, AwcuretqeK� H-eLoolT Start Date: )and Date: S S + • 01 S0t7,Vja e Please list times eacVday along with the times of the event; MON TUES VVED Tl rURS FRI SAT, r�1 3I3 0 TIME SET UP 61 8 Q a 1 1 r � , START'rIlvIE 1 ,• �l�GI �J K EN'D TIME CLEAN t1P TTiv1E If your event will have specific activities that start at different tunes throughout the event,please list the activities with dates and times below. (Example: event runs for three daps but one day has a walk/run. List the activity as walk/run and list the specific date and time it will take place.) I t, him OW iP - Location of the Event: Park/Public Property ElPublic Street/Sidewalk/Alley/Right of Way LJ Private Property ❑Other Please list name of Park/Street/Building/etc.: M , "n Pad_ Please list streets,sidewalks or other public property that may be closed or otherwise affected: Location of Event Parking: Av:�,a (OfS (If additional city parking tots or to areas are iaeedea forparkin ,a pm*ing or tau a regiment inny he required.)" I \ _P-4 f . . , �■� °` \ Z � \ , • / ' � - . .�\����` � JULY 23, 2019 19-418 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT/SPECIAL OLYMPICS WISCONSIN /UTILIZE CITY STREETS FOR THE RUN WITH THE COPS 5K/ OCTOBER 3, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the Special Olympics (Hailey Aderman) to utilize City streets: High Avenue,Algoma Boulevard,Pearl Avenue, Vine Avenue,Rockwell Avenue, Cherry Street,W. Irving Avenue, and Osceola Street on Thursday,October 3,2019 from 1:00 p.m. —10:00 p.m. (actual event time 5:00 p.m. to 9:30 p.m.)for the Run with the Cops 5K in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Police Department Staffing $735.12 (preliminary estimate includes 24 dedicated CSO hrs. and 4 dedicated Supervisor hrs.) Equipment/Vehicles $94.08 (preliminary estimate includes dedicated used of vehicles for 12 hrs.) Supplies/Materials $55 (preliminary estimate includes the use of No Parking Signs and Cones) Street Department Staffing $364.24 (preliminary estimate includes 8 dedicated personnel hrs. for the delivery & pick up of barricades) JULY 23, 2019 19-418 RESOLUTION CONT'D Equipment/Vehicle Use $51.88 (preliminary estimate includes dedicated use of a truck and trailer for the delivery of barricades and signs) Supplies/Materials $170.50 (preliminary estimate includes dedicated use of barricades and signs) SPECIAL EVENT PERMIT Lie OshkoshAPPLICATION 2019 The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,549D2. All applications must include a detailed layout/route and the application fee($25 single day event/$35 multi-day event). GENERAL INFORMATION Official Name of Event: Faun With the Cops Start Date: End Date: 10/03/2019 10/03/2019 Please list times each day along with the times of the event: MON NES WED THURS FRI SAT SUN SET UP TIME 1:00 P.M. START TIME 5:00 p.m. END TIME 9:30 p.m. CLEAN UP TIME 10:00 p.m. If your event will have specific activities that start at different times throughout the event,please list the activities with dates and tunes below. (Example: event runs for three days but one day has a walk/run. List the activity as walk/run and list the specific date and time it will take place.) This is a 5K fun run event that includes activities involving a lot of concentrated police presence in the area of the event and around the UW Oshkosh campus. This event will benefit Special Olympics Wisconsin. We have a 1 K kids run, 5K adult run/walk and an event area in a campus parking lot Location of the Event: ❑Park/Public Property Public Street/Sidewalk/Alley/Right of Way 0 Private Property 0 Other Please list name of Park/Street/Building/etc.: Please list streets,sidewalks or other public property that may be closed or otherwise affected: High Ave, Algoma Blvd, Pearl Ave, Vine Ave, Rockwell Ave, Cherry St., W. Irving Ave, Osceola St. Location of Event Parking: UW Oshkosh Parking Lots f1f additional cihj parking lots or turf areas are izeededfor parkin ,a parking or kirf agreement nzav be regrdredd • \ 1 � � r -41 L � Y a • � Y 4 I j �T , r# wc� i t Q Ir w 1 . �. o ! r, • v 3 � M, lip, e•� r r ^! '.' �' �..A,Ul,L�.` ��• Ak ` K ArtsandT-om un1—hc)ns l[� � Q` Read Eleme,ary.Schwa_ ' re x • f � yfoof ' tco Us� Gruenr'ap�n `a cz- 't „aWisconsin Oshkosh e r-r cerPer o- j1 ., ., av� - — ,t,ti e �.. . ..... 1 4iC oris Center@ p1Pv. ONi U shk0 STAURAN &BAV �. alto an r` REGISTRATION VEHICLE DISPLAY AND ACTIVITY AREA BEST SQUAD CONTEST Maw 3 �LoP 3 Ee _ - .fir.--L✓�<u ,. r m' Wisconsin V;isconsin t Oshkosh Oshkosh r Tennis`Court 8 Tennis Court 4 rp University of a r^ lJ Wisconsin Oshkosh .e tnis Court 3 University of Wisconsin university of Oshkosh m Wisconsin Tennis..- Oshkosh A a Tennis�Court 6 `a m n � .+ n r .. ® r m 0 d X X 0 N Q = X z z ® 0 mIm r{ A m C r m � n rn � � n N O ' y C m ° I Q 3 z w m 0 D c N FA a 10 e zz a Q m a a � c m L JJi n l X FJ rCD h w� S 7 b i. C z r z m a A c c m m Q N N p c Q a 1.J N C a N C m a N N p m a p N b O N JULY 23, 2019 19-419 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT/LABOR OF LOVE INC D/B/A BELLA MEDICAL CLINIC / UTILIZE CITY STREETS AND SOUTH PARK TRAIL FOR THE WALK FOR LIFE EVENT/OCTOBER 5, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Labor of Love, Inc. d/b/a Sella Medical Clinic (Seth Nemecek) to utilize City streets and South Park trail on Saturday,October 5,2019 from 8:30 a.m. to 11:00 a.m. for the Walk for Life event, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Police Department Staffing $46.77 (preliminary estimate includes 3 dedicated CSO hrs.) r iZZ SPECIAL EVENT PERMIT {�?r c fee . CA W �� � � APPLICATION 2019 ' The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI,54902. All applications must include a detailed layout/route and the application fee($25 single day event/$35 muIti-day event). GENERAL INFORMATION Official Name of Event: Bella Medical clinic Walk for Life Start Date: End Date: October 5, 2019 October 5, 2019 Please list times each day along with the times of the event: MON TUES WED THURS FRI SAT SUN SET UP TIME 7:30am START TIME 8:30 a m END TIME 11 :00am CLEAN UP TIME 11:30am If your event will have specific activities that start at different times throughout the event,please list the activities with dates and times below. (Example: event runs for three days but one day has a walk/run. List the activity as walk/run and list the specific date and time it will take place.) Location of the Event: ❑Park/Public Property Public Street/Sidewalk/Alley/Right of Way Private Property Q Other. Please list name of Park/Street/Building/etc.: Please list streets, sidewalks or other public property that may be closed or otherwise affected: Down South Park Ave. balance tbd based on police Location of Event Parking: 1484 W. South Park - side parking lot (I additional city parking Isis or turf areas are)¢eeded ferr parking,a parking or turf a reement may be required.) 1 v CL De Ware st WNW Gear log TaS Georgda St 21 CL Ir _ 10►-r JU + _., � .yam, �• `�, ur �t LL RUgbyf'S1 � JULY 23, 2019 19-420 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / BOYS & GIRLS CLUB OSHKOSH TO HOLD DOCTOBERFEST AT DOCKSIDE TAVERN&UTILIZE CITY STREETS & RIVERWALK FOR THEIR 2K BIER RUN / OCTOBER 5, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the Boys&Girls Club Oshkosh(Tracy Ogden) to hold Docktoberfest at the Dockside Tavern, 425 Nebraska Street on Saturday, October 5, 2019 from 8:00 a.m. to 10:00 p.m. (actual event will begin at 11 a.m. with the 2K Bier Run held from 2:00 p.m. to 3:00 p.m. on city streets and Riverwalk (route: 61h Avenue, Oregon Street/Jackson Street & Main Street), event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Police Department Staffing $62.36 (preliminary estimate include 4 dedicated CSO hrs.) <_.i►r SPECIAL EVEN PERMITAM ` APPLICATION 0' h kos h 2019 The completed application can be mailed to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, WI 54902. All applications must include a detailed layout/route and the application fee($25 single day event/$35 multi-day event). GENERAL INFORMATION T Official Name of Event: Docktoberfest Start Date: End Date: October 5, 2019 October 5, 2019 Please list times each day alon 4 with the times of the event: MON TUES WED T131JR5 FRI SAT SUN SET UP UME 8-4 STARTTIME S Am END TIME 10 Pm CLEAN UP TIME If your event will have specific activities that start at different times throughout the event,please list the activities with dates and times below. (Example: event runs for three clays but one day has a walk/ran. List the activity as walk/run and list the specific date and time it will take place.) Cornhole Tourney starts at 9 am Docktoberfest starts at 11 am Bier Run starts at 2 pm Location of the Event: ❑Park/Public Property Public Street/Sidewalk/Alley/Right of Way ❑Private Property ❑Other Please list name of Park/Street/Building/etc.: Please list streets,sidewalks or other public property that may be closed or otherwise affected: n/a Location of Event Parking: Dockside Tavern and Manna 425 Nebraska 5t. (If additional cib parking lots or turf areas are needed or parking a parking or furf agreement may be rewired.) A19 Dockside Tavern Food&Spirits-Google Maps Goolgle Maps Dockside Tavern Food & Spirits f• ,.,eyev ItrclrsBnroershnlr "„""", Z Oshkosh Jol RiversSenlq(UvingQ ® ��` IpChaseBankJ Venezia Secchi �rJ'f T "'� 1,1a,1nn1l,1 r» US soclal Sacurily s;- Oshkoshr - Anthem Luxury Living� } a Adrninlstroliar5 Good pl#Girl Oshkosh Norlhweslern �ygrWg�l. ::lr and Critali F,Cafrd PsntlA•re D Ofle f ,.oyhe'h�n City Center Associates Trillium 5uloit Q rAve _ - bvL _ Berk€4s CFr y Pals Piria Utte h'�d U.S.Bank Branch rn United States � 4iln zinl h Postal Service P 4 Oshkosh Convention Miles Kimbell S Visitors Bureau El Oshkosh Fire Dnparhnenl FAX _.- - _. Nle.h.+ mr•'i r�r Oshkosh Weddings Wale Convention Center uround Round at Rives's Vdge F Inland View OX.RJyfr Riverside Perk Katy DlsAytdct l70 2 shle TWYem 7 IF..dn V.Spiert'ban6 t.eghf`Rf �r $tYa!elWaler J nwnce Center BlueDnol Consultin t1 R A n T Yr erh nv� wam Av„ 9 5V Y!aih AveSchmitt Title Schwab Propurliea [Yll Roy"lucks Spurlsbar S '1� _ Y17Jt Avn © W Ah Ave V77th Ave' n Yf 7lh Ave 5'01h Avo E7kh AmG ci,,,- , Ile Hvv�ye�s Ltar `'_ Inner Sr n Yoga SWdJo f Walh Avn VJ 91+A- WBrh Avn @nth Ave YJ Ph Ave Earb Avr Revolution Raceway Setrllt(If the Burdcr es Mon Map data ©2019 Google 200 ft t-.---_- - --A https://W Ww.google.com/maps/placelDockside+Tavern•Food+a/o26+Spirits/@44.0142474,-88.5418166,17z/data=!4m5!3m4i 1 sox8803ebf6gd82a4I f:Ox... 1/6 119 DoCkside Tavern Food&Spirits-Gcogle Maps o e f\ pc,, Dockside Tavern Food & Spirits D rq 0 O VS ♦Dockside Tave Food B Spiths Bnsllr�ihrm+tf h-r - ZZZ j ti � tfsrflAY� U i t..,J Blue Door Consult ng \d y �p 9 CA o � AVc l'16111 Ave W 6th Ave V161h Ave 1�W 6ti1 Ave W 6th Ave W GO,Ave NIcole Hnmea i Modeeullol u ° T 9 O w Schmitt Tlile Schvrab Fropcnies Map data @2019 Google 50 ft F---_ https:Ilwww.google.com/mapStplaCell3ockslde+Tavern+Food+%q26+Spirits/@44.0129798,-88.5414202,19z]data�l4 m5l3 m4l 1 sOx8803ebf69d8aa41 f:Ox... 116 JULY 23, 2019 19-421 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT (BID) / UTILIZE CITY STREETS FOR THE DOWNTOWN OSHKOSH TRICK OR TREAT /OCTOBER 30, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Downtown Oshkosh Business Improvement District (Cassie Daniels) to utilize City streets (N. Main Street,Merritt Avenue,Church Avenue,and Parkway Avenue on Wednesday, October 30, 2019 from 4:00 p.m. to 6:00 p.m. for the Downtown Oshkosh Trick of Treat event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services Police Department Staffing $296.21 (preliminary estimate includes 19 dedicated CSO hrs.) Supplies/Materials $11 (preliminary estimate includes use of No Parking Signs and Cones) Street Department Staffing $91.06 (preliminary estimate includes 2 dedicated street personnel hrs.) Supplies/Materials $132 (preliminary estimate includes 24 barricades and signs) Equip/Vehicle Use $25.96 (preliminary estimate includes 2 dedicated hrs. of use of a truck and trailer for delivery and pick up of barricades and signs) s/ � pP SPECIAL EVENT PERMIT Oshkosh APPLICATION 2019 The completed application can be[Waited to: Oshkosh Seniors Center,Special Events Coordinator,200 N.Campbell Rd.,Oshkosh, wI,54902- All applications crust include a detailed layout/route and the application fee($25 single day event/$35 multi-day event), GU1' QItIVIAIi<41t', 71 Official Name of Event: Downtown Oshkosh Trick Or Treat Start Date: End Date: — 10130/19 10/30/19 Please list times each day along with the times of the event: MON '1UF_S WED THURS FRI SAT SURF SET UP TIME START TIME 4:00 END TWF 6:00 CLEAN UP TIME 6:45 If your event will have specific activities that start at different times throughout theevent,please list the activities wip-1 dates and times below. (Example; event runs for three days but one day has a walk/run. List the activity as walk/run and list the specific date and time it will take place,) N/A Location of the Event: ]Park/Public Property blic Street/Sidewalk/Alley/Right of Way ❑Private Property Other Please list name.of Park/Street/Building/etc,: Please list streets,sidewalks or other public property that may be closed or otherwise affected: 400/500" Blocks Of Main St./Meritt/Church/Parkway Location of Event Parking: Public Parking Lots & Off Street parking outside of the roads that are closed (If Additional clhf parking lots or turf areas are ncedcd b nrking,a arking ar to agremicat piny be required.) Cc , Downtown Oshkosh Business Improvement District I _ k _ ! ��' - tda�dive t,.a i c� oxior 1 45 va 40 - . .. ��,r•.k -•.mot �.��,. , - -. �` .I 3; ,: _ -. r. MI�s_• I a � E� `' � '. '•-+ ", ,y�g.,,r,,' -'�' � = 6!1 i iVL�F'CI'�!N�A�C4 ��� F' 7 �~-''•-.;� - -.� are Jf �k� �„ v� y; {'i; ��� 9k� - ��� �� � ter. ��-y_ � �r�+3'�~ •-•-.i�dLfi jlo-g �r f'�y N' 7- d f• ' JULY 23, 2019 19-422 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT (BID)/ UTILIZE OPERA HOUSE SQUARE & CITY STREETS FOR THE DOWNTOWN WHOVILLE HOLIDAY EVENT/NOVEMBER 23, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Downtown Oshkosh Business Improvement District (Erica Mulloy) to utilize Opera House Square and city streets (Market Street,Main Street, and Washington Avenue, Jefferson Street, Washington Avenue, Mount Vernon Street, Merritt/Church Avenue) on Saturday, November 23, 2019 from 10:00 a.m. to 2:00 p.m. for the Downtown Whoville Holiday event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. An exception to the provisions of section 6-6 of the Oshkosh Municipal code is granted to allow horses in city streets for the purpose of carriage rides. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None SPECIAL EVENT PERM IT*4- APPLICATION . %90shkosh 2019 P 11w cimpleWd appficatbm can be matted h: Oshkosh Scnion%Cxnter.Special Evvnis Coordinator, 21.14J N, Can pbrll Rd.,Calr odl. Wt,54W2. Ali applications mist inrlucfir a ter 411.: J I.tyoutircute and the application f�r C$Z5 Nxaigle day ent 3a multi-day ovnO GENERAL t�licial Name of Event U P en � _ -� " N N'V !, 4� o m tl t Start Date_ End Date; Please list time each day along with the time,;of the event: _- SUN SET UP TIME { START 7ThlF: END TLME CLEAN L�3pm 1 - if yGur event+till have specific activities that stet at different times tl o--ughout the event, pleaw list the activities with dates;and times below. (Example-, event runs for three days but one day has a walk/run. gist the activity as wa- Wrtrrt and list the specific date and time it will take place.) Location of the Event- INPark I Public Properly Q Public Street/SidewalWAlley, ight of Way ElPrivate Property, 0 Other Please list;name of Park/Street;{Efuilding(etc_: please list-streets, sidewalks or other public property that may be dosed or otherwrise affected: LAxation of Event Parking: C. F Cat�lreaC j yrk fit;crr:u arm�€r��t dcd Cis: : ,a 'rrg 11f Eu � *e�ent��r f?!a7{ r€cla atrrLl L40 TL-j 4 r �s 9 TCl 7 a ge e, I - 0 or,&e oLwp c e-flr tj e P,to-C s O-P-O U Wo, 0. A -4 JULY 23, 2019 19-423 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE BLOCK PARTY REQUEST / JENIFER JENSEN / UTILIZE CRANE ST BETWEEN WILSON AVE & THE CUL DU SAC TO HOLD THEIR NEIGHBORHOOD BLOCK PARTY / AUGUST 6, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Jenifer Jensen to utilize Crane Street between Wilson Ave. and the cul du sac on Tuesday, August 6, 2019, from 4:00 p.m. to 7:00 p.m. to hold their neighborhood block party in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None I i n BLOCK PARTY REQUEST FORM STREET TO BE CLOSED: . STREET TO BE CLOSED BETWEEN: ._' Street/Avenue/Blvd/Rd And Street/Avenue/Blvd/Rd DATE: f U W I I Ci TIME FROM: AM/PM TO AM PM ESTIMATED ATTENDANCE: AMPLIFIED SOUND: YES NO HAVE RESIDENTS BEEN NOTIFIED OF TH19 REQUEST? YES NO IF NO,WHO HAS NOT BEEN CONTACTED AND WHY? DID ANY RESIDENT INDICATE A REJECTION? YES NO IF YES,WHAT WAS THE NATURE OF THE OBJECTION? PRIMARY CONTACT: EMAIL: DAYTIME PHONE: CELL PHONE: ADDRESS: ZIP: SIGNATURE The information contained in this application is true,correct,and complete to the best of my knowledge. If there are any changes to the proposed block party,I agree I will promptly notify the City of Oshkosh of these changes and request approval of them. signature Date RETURN TO: Oshkosh Seniors Center,Special Events Coordinator 200 N. Campbell Rd.,Oshkosh,WI 54902 MO?g Marijin Ave Teichmiller Park rinchestef Ave Ryan Standke f-I Fishing Guide < Wlsoo Avg MIxon Avu ch-on-Time mbroidery'T Ro—q,.st Av- Jensen Block Party August 6, 2019 4:00 p.m. — 7:00 p.m. JULY 23, 2019 19-424 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE BLOCK PARTY REQUEST/TOM HAANEN/UTILIZE W 15TH AVENUE BETWEEN MINNESOTA STREET & IOWA STREET TO HOLD THEIR NEIGHBORHOOD BLOCK PARTY / AUGUST 6, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Tom Haanen to utilize W. 151h Avenue between Minnesota Street and Iowa Street on Tuesday,August 6,2019,from 5:00 p.m. to 10:00 p.m. to hold their neighborhood block party in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None vU 20shkosh BLOCK PARTY REQUEST FORM STREET TO BE CLOSED: S(90 O STREET TO BE CLOSED BETWEEN: Street/Avenue/Blvd/Rd And lekA _ Street/Avenue/Blvd/Rd DATE: TIME FROM: AM/ ESTIMATED ATTENDANCE: AMPLIFIED SOUND_ /7 QLES ' NO HAVE RESIDENTS BEEN NYD17T OF THIS REQUEST? YES NO IF NO,WHO HAS NOT BEEN CONTACTED AND WHY? DID ANY RESIDENT INDICATE A REJECTION? YES N IF YES,WHAT WAS THE NATURE OF THE OBJECTION? PRIMARY CONTACT: EMAIL: '" ' DAYTIME PHONE: CELL PHONE: ADDRESS: ZIP: SIGNATURE The information contained -cation is true,correct:,and complete to the best of my knowledge. If there are any changes to the p I promptly notify the City of Oshkosh of these changes and regoest approval of them_ de-lay ignat. Date RETURN TO: Oshkosh Seniors Center,Special Events Coordinator 200 N.Campbell Rci.,Oshkosh,WI 54902 Herble's Acee ' Gueecy Tavern Ave W 1611,Ave VI 141h Ave W 141h Ave W 74th Ave W 141h ' 4 _ kc j C J a M Jackson Kahl Insurance Srvcs Q Ave ... W Ih A.v W15th A- 1� klvchaels'Sao — 3 Phillips Tax &Accounting Tamara s 1he Cake Gwrlr's Sweets BouLtiiq�ue y' g Am /lye. W lbth A"- � ,,, „ _ W 160 An W 16th A- W 157h Haanen Block Party August 6, 2019 6.00 p.m. — 10:00 p.m. a JULY 23, 2019 19-425 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE BLOCK PARTY REQUEST/LISA HELBING/UTILIZE W. NEVADA AVENUE BETWEEN JACKSON STREET & WISCONSIN STREET TO HOLD THEIR NEIGHBORHOOD BLOCK PARTY/AUGUST 6, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Tom Haanen to utilize W. Nevada Avenue between Jackson Street and Wisconsin Street on Tuesday,August 6,2019,from 4:30 p.m.to 8:00 p.m. to hold their neighborhood block party in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None 21 - Ushkash BLOCK PARTY REQUEST FORM STREET TO BE CLOSED: 4 STREET TO�BE CLOSED BETWEEN: i QAvenueffllvd/Rd VV_ And l � � Stre /Avenue/Blvd/Rd a DATE: TIME FROM: AM l I cl TO AM f ESTIMATE ATTENDANCE: AMPLIFIED SOUND: YES NO-D _L_ HAVE RESIDENTS BEEN N D OF THIS REQ J ) YES NO i i z IF NO,WHO HAS NOT BEEN CONTACTED AND WHY? 1 a DID ANY RESIDENT INDICATE A REJECTION? YES IF YES,WHAT WAS THE NATURE OF THE OBJECTION? 1 PRIMARY Co A : �- EMAIL; cl o D PHONE. f 0� CELL PHONE SICNArjRH The information contained` appli lien is true,correct;and complete to the best of my knowledge. If there are any changes to the block party,1 I will romptly notify the City of Oshkosh of these changes and request approval of them. Signature Date RETURN TO: Oshkosh Seniors Center,Special Events Coordinator 200 N.Campbell Rd.,Oshkosh,WI 54902 I . 1 Hnbbs AVP RobbN AV@ StanIty Ave, W Bent Ave w pn 1 .1 e S. YA I lii 'ess Ave Tot Lot Jackson Athletic Field 9 Congress Ave Canqmsq Ave [z N W Tenne Helbing Block Party August 6, 2019 4:30 p.m. —8:00 p.m. JULY 23, 2019 19-426 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE BLOCK PARTY REQUEST / JOSEPH BULTER / TO UTILIZE EVANS STREET BETWEEN MALLARD AVENUE & GREENWOOD COURT TO HOLD THEIR NEIGHBORHOOD BLOCK PARTY/AUGUST 6, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Joseph Butler to utilize Evans Street between Mallard Avenue and Greenwood Court to hold their neighborhood block party on Saturday,August 6,2019 from 2:00 p.m. to 8:00 p.m.,in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None �&Oshkosh BLOCK PARTY REQUEST FORM STREET TO BE CLOSED: STREET T E OSED BETWEEN: Street/Avenue/Blvd/Rd And ✓� � LC- )&& Street/Avenue/Blvd/Rd DATE: ] TIME FROM: Y--- / TO AM P ESTIMATED ATTENDANCE: AMPLIFIED SOUND: `J:z7 0 � UC) NO HAVE RESIDENTS BEEN NO D OF THIS REQUEST? YES NO IF NO,WHO HAS NOT BEEN CONTACTED AND WHY? DID ANY RESIDENT INDICATE A REJECTION? YES IF YES,WHAT WAS THE NATURE OF THE OBJECTION? PRI RY CON} TAtek EMAIL: / GZ i1 ZC�C � r�I YTIME HONE: CE:L�HONE: ADDRESS: r, ZIP: x 1 5a SIGNATURE The information contained in this application is true,correct,and complete to the best of my knowledge. If there are any changes to the proposed block party I agree I will promptly notify the City of Oshkosh of these changes and request approval of them. / - ! J� Signature Date RETURN TO: Oshkosh Seniors Center, Special Events Coordinator 200 N. Campbell Rd.,Oshkosh,WI 54902 &mom a m \ ing / �Captain Cove a_A&Q Apal� mm% ® Mbulaory \ § ,gig cal Cenler s q iarry OD 9 . » mac eD \ Mallard Ave m� e ° Ck Properties I \ \ [ \ &gym@ ® 9 � 7 _ Butler Bl oc fat August b 2019 2:0 0 p.m. —S:O O p.m. . JULY 23, 2019 19-427 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE BLOCK PARTY REQUEST / BECCA CHERWIN / TO UTILIZE WOODSTOCK STREET FROM FOX TRAIL LANE TO THE INTERSECTION OF MONCLAIR PLACE AND BERNHEIM STREET TO HOLD THEIR NEIGHBORHOOD BLOCK PARTY / AUGUST 24, 2019 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Becca Cherwin to utilize Woodstock Street from Fox Trail Lane to the intersection of Monclair Place and Bernheim Street to hold their neighborhood block party on Saturday, August 24, 2019 from 4:00 p.m. to 9:00 p.m., in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services None Ar Oshkosh BLOCK PARTY REQUEST FORM STREET TO BE CLOSED: STREET TO BE CLOSED BETWEEN: Bernheirn and Montclair Street/Avenue/Blvd/Rd And Fox Tail and Woodstock Street/Avenue/Blvd/Rd DATE: TIME FROM: 4 AM PM 08/24/2019 TO 9 AM PM ESTIMATED ATTENDANCE: AMPLIFIED SOUND: 30 YES NO HAVE RESIDENTS BEEN NOTI� 'S D OF THIS REQUEST �ES '} NO IF NO,WHO HAS NOT BEEN CONTACTED AND WHY? DID ANY RESIDENT INDICATE A REJECTION? YES r NO� IF YES, WHAT WAS THE NATURE OF THE OBJECTION? PRIMARY CONTACT:Becca Gherwin EMAIL:beccab92@yahoo.com DAYTIME PHONE: CELL PHONE: G3O-885-3624 ADDRESS: 1865 Woodstock St, ZIP:54944 SIGNATURE The information contained in this application is true,correct,and complete to the best of my knowledge. If there are any changes to the proposed block party,I agree I will promptly notify the City of Qshkobh of these changed request of them. Signature Date RETURN TO: Oshkosh Seniors Center, Special Events Coordinator 200 N. Campbell Rd., Oshkosh,WI 54902 ur Newport Ave Newpoi I Ave 0 ED X- ;E 0 0 CL Fox Tail bi La Bella Baskets \ \ \ Windhutst DT 0 CL rid PK Productions DJ Service T 0 S% CL P( P Google Cherwin Block Party August 24, 2019 4:00 p.m. —9:00 p.m. JULY 23, 2019 19-428 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: UPDATE DESIGNATION OF AUTHORIZED INDIVIDUALS FOR CITY FINANCIAL MATTERS AND INVESTMENT TRANSFERS INITATED BY: CITY ADMINISTRATION WHEREAS, the City Finance Director/ Treasurer and is responsible for all fiscal transactions of the City of Oshkosh and in the Director's absence the Assistant Finance Director is responsible for the duties and responsibilities of the Finance Director; and WHEREAS, it is necessary from time to time for the City of Oshkosh to make fund or other investment transfers or sales; and WHEREAS, it is necessary to establish clear authority for investment transactions so that transactions may be completed in a timely and efficient manner. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Oshkosh that the following individuals are hereby designated as the representatives for the City of Oshkosh to act on the City's behalf for all financial matters and for all investment transactions pertaining to City of Oshkosh Investment accounts: Russell Van Gompel/Interim Finance Director/Treasurer Jennifer Messerschmidt, Assistant Finance Director/Treasurer BE IT FURTHER RESOLVED that this Resolution repeals and replaces all prior designations and authorizations for the City of Oshkosh in relation to the City's investment accounts. JULY 23, 2019 19-429 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE APPOINTMENT TO THE EXTRATERRITORIAL ZONING COMMITTEE INITIATED BY: MAYOR LORI PALMERI BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointment to the various boards are made by Mayor Lori Palmeri, as attached hereto, and are hereby approved. City of Oshkosh Date: July 19, 2019 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the July 23, 2019 Common Council Meeting, to the city's boards, commissions, committees, and authorities. The APPOINTMENTS below will be effective'Ju1y 23, 2019 with the term ending as noted below: Extraterritorial Zoning Committee/Changes John Kiefer to alternate 5.31.20 JULY 23, 2019 19-430 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE APPOINTMENT TO THE EXTRATERRITORIAL ZONING COMMITTEE INITIATED BY: MAYOR LORI PALMERI BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointment to the various boards are made by Mayor Lori Palmeri, as attached hereto, and are hereby approved. City Oshkosh Date: July 19, 2019 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the July 23, 2019 Common Council Meeting, to the city's boards, commissions, committees, and authorities. The APPOINTMENTS below will be effective July 23, 2019 with the term ending as noted below: Extraterritorial Zoning Committee/Changes Mike Ford to alternate 5.31.21 JULY 23, 2019 19-431 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE APPOINTMENT TO THE EXTRATERRITORIAL ZONING COMMITTEE INITIATED BY: MAYOR LORI PALMERI BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointment to the various boards are made by Mayor Lori Palmeri, as attached hereto, and are hereby approved. City of Oshkosh Date: July 19, 2019 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the July 23, 2019 Common Council Meeting, to the city's boards, commissions, committees, and authorities. The APPOINTMENTS below will be effective July 23,2019 with the term ending as noted below: Extraterritorial Zoning Committee/Changes John Hinz to full member 5.31.20 JULY 23, 2019 19-432 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL CLASS "B" LICENSES, OPERATOR LICENSES AND TAXI-CAB DRIVER LICENSES INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted,fees deposited,and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code;and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: JULY 23, 2019 19-432 RESOLUTION CONT'D SPECIAL CLASS "B" LICENSES ORGANIZATION & PERSON IN CHARGE: DATE, TIME & LOCATION WINNEBAGO COUNTY FAIR ASSOCIATION.......................................July 30-August 4, 2019 Person in Charge: Karen Cowling 10:00 am- 1:00 am 500 E. County Road Y/Sunnyview Exposition Center Event Name: Winnebago County Fair JAMBALYA ARTS INC.............................................................................................August 3, 2019 Person in Charge: Arnie Brownfield 6:00 pm-9:00 pm 413 N Main Street Event Name: August Gallery Walk OPERATOR (BARTENDER) LICENSES (EXPIRES: JUNE 30, 2021) Arneson, Kenneth, 1230 Welsh Haven Drive Barzano, Anthony F. III, 935 Maricopa Drive Barzano, Kristina, 935 Maricopa Drive Barzano, Samantha, 212 Smith Street #3, Neenah Bleuer,Jessica A., 579-Bowen Street, #A Boettcher, Alexander J., 1110 W 191h Avenue Boyce, Allison J., 205 S. Eagle Street, #16 Bucholtz, Gaella Marie, 116 W Irving Avenue Buck, Lori A., 1773 W 51h Avenue Burdick, Herbert, 2133 Evans Street, #5 Casarez, Adrianna J., 1211 George Street, Appleton Challana, Sonia, 3500 Highland Ctr Drive, Green Bay Charles, Mary Jo, 1431 Knapp Street Chopra, Prem Paul, 2458 Blake Court Clancy, Robert B., 819 E Bent Avenue Cook, Bianca, 1318 Willow Bend Lane Cook, Katie Leah, 2620 Bowen Street, #B Copening,Justin Dylan, 1901 Roosevelt Avenue JULY 23, 2019 19-432 RESOLUTION CONT'D Costello, Tyler William, 5104 Ciscel Drive DeBauche, Donald, 1644 Oregon Street Drewry, Nolee Kris, 215 Old Knapp Road Dumke, Laura Ann, 1413 Walnut Street Dutcher, Corey Scott, 5285 British Lane Feller, Tricia, 3341 Logan Street, #8 Fisher, Andrea, 1195 Heidi Haven Drive Frohrib, Melissa Sue, 515 Bowen Street Frohrib, Tara Ann, 2720 Clover Street Gerth, Thomas Lee, 3020 Lake Rest Lane Gillam, Michael, 120 Bowen Street Glubka, Cherish, 434 N. Main Street, Winneconne Heisler, Craig, 1938 Nebraska Street Henkle, Stephen, 108 E. Gruenwald Avenue Hinz, Wayne L., 415 Stanley Avenue Huebner,Joel Robert, 539 W 61h Avenue Jacobsen, Erika, 1140 Carnage Circle, Fond du lac Jensen, William, 434 Forest View Road Kalfas, Andrew M., 2233 W 91h Avenue Kintopf, Wendy, 1251 Conrad Street Koontz, Treavor, 972 E Sunnyview Road, Trl 53 Korth,Janet Roxanne, 1610 Thorton Drive Lagarde, Terry A., 3639 Cherryvale Place, #1, Appleton Lahr,Jody, 1384 Tammy Road Leichtfuss,Jason Lee, 1815 Alaska Street LeMay,Jill, 524 Otter Avenue Markert, Lori Jean, 775 S. Washburn Street, #2 Martinez,Jaime, 1616 Jackson Street Martinez,Judene, 247 W 91h Avenue Meredith, Tyler Drew, 109 W Smith Avenue Micale, Frank Robert, 528 Riford Road, Neenah Mlodzik,Janice Lynn, 2502 Harrison Street Nelson, Michael, 4091 Marquis Road Norem, Mark, 565 Divison Street, #7 Nowak, Laura Lynn, 1854 Fairview Street Olsen, Patricia, 1711 Cedar Street JULY 23, 2019 19-432 RESOLUTION CONT'D Peppler, Kevin Lee, 247 Sullivan Street, #307 Peterson, Patrick J, 2227 Mt Vernon Street Pierson, Melissa A., 4022 Towne Lake Circle, Grand Chute Puhlmann-Becker,Jeffrey Glenn, 915 Thomas Street, Ripon Raabe, Angelique D., 39-A W 121h Avenue Rivers, Rachel Louise, 442 A Mount Vernon Street Sanchez, Alondra, 323 N Bennett Street, Appleton Schwartz, Paula M., 354 W 181h Avenue Seibold, Pamela Dee, 15 Canniff Court Simon, Rebecca, 1970 Comanche Lane Sippert, Zoe M., 1743 Taft Avenue, #K16 Smestad, Taylor Lynn, 3766 Summerset Way #7 Stadler, Chris J., 2374 Hickory Lane Tesch, Eric A., 3350 Nekimi Avenue Thao, Chia, 3890 Summerset Way Verwiel, Steven, 3404 Sheppard Drive Walter,Jean Annette, 226 W 151h Avenue Weigandt, Aaron, 4625 Stonewood Drive Whitemarsh Krohn, Susan, 1117 Knapp Street Wierzbinski, Rachel Lauren, 4526 Amberwood Ln, Appleton Will,Jessica Lynn, 1130 Armory Place Wright, Nicole Ann, 289 E Huron Street #2001, Berlin Yang, Mai Xee, 1118 Cambria Court TAXI-CAB DRIVER LICENSES (EXPIRES: JUNE 30, 2021) LaVague, Barry James, 806 Oregon Street Smestad, Kenneth Carl, 3214 E Canary Street #9, Appleton JULY 9, 2019 JULY 23, 2019 19-396 19-433 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ESTABLISH STREET GRADES / NORTH KOELLER STREET AND NORTH WESTFIELD STREET INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ESTABLISHING A GRADE ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF OSHKOSH The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. Pursuant to Section 62.16 of the Wisconsin Statutes, there is hereby established the grade for the following named streets: North Westfield Street from Oshkosh Avenue to North Koeller Street North Koeller Street from Rath Lane to North Westfield Street SECTION 2. That the street grade is permanently established from a datum plane established by the official United States Cost and Geodetic Survey. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #19-433 Establish Street Grades / N. Koeller Street and N. Westfield Street, on July 23, 2019. The ordinance establishes the street grades on North Westfield Street from Oshkosh Avenue to North Koeller Street and North Koeller Street from Rath Lane to North Westfield Street. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. JULY 9, 2019 JULY 23, 2019 19-397 19-434 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) 215 CHURCH AVENUE INITIATED BY: OSHKOSH POLICE DEPARTMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-32 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the described property at 215 Church Avenue from Institutional (I) to Institutional District with a Planned Development Overlay (I-PD). LOT 1 OF CERTIFIED SURVEY MAP 6713 DOCUMENT NO. 1634041 PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF CHURCH AVENUE,JACKSON STREET AND ALGOMA BOULEVARD, ALL IN THE 7TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #19-434 APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) 215 CHURCH AVENUE on July 23,2019.This ordinance changes the zoning at 215 Church Avenue from Institutional (I) to Institutional District with a Planned Development Overlay (I-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: July 3, 2019 RE: Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) 215 Church Avenue (Plan Commission Recommends Approval) BACKGROUND The subject area consists of one parcel approximately 5.62 acres in size and includes both the Oshkosh Police Department building and City Hall. The surrounding area consists of a mixture of institutional, commercial uses and residential uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. ANALYSIS The petitioner is proposing to construct 6' tall decorative metal fencing and gates around the Police Department parking lot in the southwest portion of the lot. The proposed fencing will extend into the front yard area along Algoma Boulevard and Jackson Street and is intended to provide security for police vehicles in the parking lot. The applicant is requesting a Base Standard Modification (BSM) to allow 6' tall fencing within the front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to accommodate the requested increase in allowable fence height, the property will need to be rezoned to include a Planned Development Overlay (PD). The Planned Development will provide an opportunity to accommodate additional needs for the site as well as the unique layout of the property. The proposed "Montage II" fencing/gates are decorative in style and should not be detrimental to the appearance of the site and should provide for sufficient visibility. RECOMMENDATION The Plan Commission recommended approval of the zone change with a condition at its July 2, 2019 meeting. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Respectfully Submitted, Approved: fi& Mark Lyons Mark A. Rohloff Planning Services Manager City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ,....„..„.v. Luc,,J7. 6111--" 1:11pJAIRD,KAwl‘ulAY":-.A7:: NION-AV 4iir, ' a ..,,. , . mi.k• 11.-- , L,Jim 1 pp • , ,, . . . .. ._, u? -10L-A---- : Li.. . _,. ., . . ,,,„...,_,, . • . . .... .: wks= , . , , , ‘,(:-> .. . L , I 0 / ) cirsi,64 libL - 1!i EIJUIJII ---.1 --,, - 17 l_virl• ' '. p_.-1 .., < 1 • , . Pa. 41‘ . N. o.4 * • z linat.,:,,,,i, _ ;.: it 4e..;.4110.40o ^t,n Cl? iii...459' NNoto : 11/ r.' . , IIINIIIIIIIII:' 4. , ,,. • •• ... sAlloor . 4Y ,4 \ SUBJECT SITE w ,, .. /Q 4, / ./ , ....• ' •e... . . 41,40 4 / 4.. .,.. . VI" 215 CHURCH AVE , A 1 in=0.04 mi 1 in=200ft ,,,„ A City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:6/19/2019 information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh www.doshkosh.vin.us/GISdisclaimer Prepared by:City of Oshkosh,WI J:‘,..-21s\pianningpian Commission Site Plan Map TemplatekPlan Commission Site Plan Map Template.mxd Page Utrffmk ITEM: PUBLIC HEARING:ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY(I-PD), GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR FENCING AT 215 CHURCH AVENUE Plan Commission meeting of July 2, 2019. GENERAL INFORMATION Applicant: Police Department/Department of Community Development Owner: City of Oshkosh Action(s)Requested: The applicant requests a zone change from the existing Institutional District(I) to Institutional District with a Planned Development Overlay(I-PD) and approval for a General Development Plan and Specific Implementation Plan for development of a secure parking area. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from one classification to another but relies on the Comprehensive Plan and good planning principles. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information, Property Location and Type: The subject area consists of one parcel approximately 5.62 acres in size and includes both the Oshkosh Police Department building and City Hall. The surrounding area consists of a mixture of institutional, commercial uses and residential uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. Subject Site Existing Land Use Zoning Government I Adjacent Land Use and Zoning Existing Uses Zoning North Government, Institutional, &Commercial I, I-PD,UMU, &TR-10 PD South Government&Commercial UMU&UMU-UTO East Commercial&Mixed Use UMU West Government I-UTO Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS Use/Site Design The petitioner is proposing to construct 6' tall decorative metal fencing and gates around the Police Department parking lot in the southwest portion of the lot. The proposed fencing will extend into the front yard area along Algoma Blvd. and Jackson St. and is intended to provide security for police vehicles in the parking lot. The applicant is requesting a Base Standard Modification(BSM)to allow 6' tall fencing within the front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to accommodate the requested increase in allowable fence height, the property will need to be rezoned to include a Planned Development Overlay (PD). Staff supports the zone change request to include the Planned Development as it will provide an opportunity to accommodate additional needs for the site as well as the unique layout of the property. Staff is supportive of the BSM for 6' tall fencing in the front yard area as it is necessary to create a secure parking area, which extends into the front yard area along Jackson Street and Algoma Boulevard. Additionally, the proposed "Montage II" fencing/gates are decorative in style and should not be detrimental to the appearance of the site and should provide for sufficient visibility. Storm Water Management/Utilities No changes are proposed related to storm water management. Landscaping No landscaping improvements are proposed as part of this development. Signage No signage is being proposed. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387(C)(6): (a)The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City's Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) ITEM-Rezone.GDP.SIP 215 Church Ave. 2 (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (f)The proposed Planned Development project design does not detract from areas of natural beauty surrounding the site. (g)The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h)The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. (j) For Planned Development projects that are proposed to be developed in phases, the applicant can provide a timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed. Staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings listed above and the following condition: 1. Base Standard Modification (BSM) to allow for 6' tall fencing within a front yard where code allows a maximum fence height of 4'. The Plan Commission approved of the rezone, General Development Plan and Specific Implementation Plan as requested with a condition noted. The following is the Plan Commission's discussion on this item. Site Inspections: Report: All commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional District(I) to Institutional District with a Planned Development Overlay(I-PD) and approval for a General Development Plan and Specific Implementation Plan for development of a secure parking area. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The petitioner is proposing to construct 6' tall ITEM-Rezone.GDP.SIP 215 Church Ave. 3 decorative metal fencing and gates around the Police Department parking lot in the southwest portion of the lot. The proposed fencing will extend into the front yard area along Algoma Blvd. and Jackson St. and is intended to provide security for police vehicles in the parking lot. The applicant is requesting a Base Standard Modification (BSM) to allow 6' tall fencing within the front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to accommodate the requested increase in allowable fence height, the property will need to be rezoned to include a Planned Development Overlay(PD). No changes are proposed related to storm water management, landscaping improvements or signage. Mr.Fojtik opened up technical questions to staff. Mr. Hinz asked if this were a request for a private entity, wouldn't Plan Commission be asking the applicant to come back in case there were multiple accidents by the access drive. Mr. Lyons said he agrees with Mr. Hinz. He explained this project started in 2013-2015, prior to the ordinance update. He said the city bid out the project a number of times and did not get a bid that was in line for what the project needed. He explained during the latest round of bidding, they did find a contractor that was willing to take on the project at a cost that was effective. He said the new code does not allow the fence that was planned to be built and that is the reason for the request. Mr. Gierach stated the fence was bid out when the city did the underground detention basin in front of City Hall but there was not enough funding. He said there was funding put into the 2017 CIP and now the contractor has time to do the work. Mr.Perry asked what the need for the security is. Mr. Lyons replied the Police Department has identified vandalism issues with some of the vehicles. He said they are looking to reduce the cost of the vandalism that has taken place. Mr. Gierach added there have been several individuals who have jumped on top of police cars and left tacks or nails behind/under the tires. He said this will also secure the employee entrance. He said there have been several occasions where an individual turning themselves in for a serious crime has gone through the employee entrance. He said the fence would help guide the individuals to the appropriate entrance door. Mr.Mitchell asked why the fencing was not a part of the parking lot reconstruction. Mr. Lyons replied a big portion of it was bidding it out to get a price that the city could spend on it. Mr. Gierach explained it was originally included in the parking lot plan in 2013 but there was not enough in the budget. Mr. Lyons added this project has been on the Police Department's radar for a number of years. ITEM-Rezone.GDP.SIP 215 Church Ave. 4 Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant There were no public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Propp to adopt the findings and recommendation as stated in the staff report. Conditions: 1. Base Standard Modification (BSM) to allow for 6'tall fencing within a front yard where code allows a maximum fence height of 4'. Seconded by Ford. Mr. Mitchell said walking along Jackson Street, there is no terrace. He said there is a small area between the proposed fence and the street, which has fast moving traffic. He does think it's unfortunate that in planning the parking lot, they did not add more green space between the road and the driveway for the fence. He stated he has some safety concerns with the layout of the parking lot. Mr.Lyons explained the fence could go in the same location today but could only be 4' tall and would not need to go through this process. He said the request is to go from 4' to 6'. Mr. Mitchell asked if there was a setback requirement for fencing. Mr. Lyons replied there is not. He said any residential property or business can put a fence right up to their property line. Motion carried 9-0. ITEM-Rezone.GDP.SIP 215 Church Ave. 5 i I ; . r, -z- .ss :,r�i //r�"''' / �I PROJECT QiQ �y�. j � \ K/ I OSHKOSH POLICE DEPT. GCi sY' Ys j �y METAL FENCE AND I PROPen AEmel �. r f • - i \c GATE INSTALLATION 3.', AO •' ` "� 3 `, „`. `^* 09XKOSX.M13LON&N own 14 0u1.11.M �+ I • `\ S f.: 10 4 a,,.7,15 �` \'' !/ .,T cuENr G 1 ' I t�\ .,i� �,r.r.'- t 4, `• • + I r.�M"."'.4' �/. \'Nos r /�b. CITY OF20 CHURCH OSHKOSH NUE !CALF.PEST { • l \. 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SY. y� ///((( 215 CHURCH AVENUE TEHT POLE FOR SCALE.FEET / / MWAM FAELEMEMIffOra �y� MqN MRIEPIOOl1M4K�'K ��L�/" / /4`�` A \•`:a/ Bxax%5065 W LEGEND 8CP(E.7." \ d `\• tAt\_\� � `\ µ\\ ! //� ;�!/elLE •a•o«loFHr ` w..w.u.owo•n.w.w till— CKERATNE METAL FENCE / , Y '• DOL9E GATE / ����.r . / M;9".�••• CONSULTANT EWEN CURS AND CUTTER OW OTHERS) IR9DE POSTYMLIEINBTAum NDRYr,IeI 9 / ® , \ TI' f .✓� : ....r /-� . W`• AEG. THMNIIKT�ITFC.-COMER OF Kuhn f ID - ` . SW NORTH MAIN ST _ OM�RAI��TEL,M�WAax.DNE<D wBTN rNDI,N.RraLaO. ASPW TRSRENAC.ENT SKR. «� -ti 'CURS RAMP OETEC,MLE WN»YO NEIA i G' \. OSHKOSH.w S,BOt iF r ® e.oTHeRs 1 +� `� �•\� yaNFUrINAIONPAMTEF� .` �' •` !$�! ` axoxum7ow 9xasxl.l3x,Fax COUBEEIOEWAU •r* .., won. um PI LAHDec.PE REsranwrK»xAREA 1 ` � fl .•� .M� ! reroTEs) \- i F yvc. a „�, EI'ilE:l. Z i ( A •''. B'110N" k •_ n'°'�,-, \\Xy''J, -CEN /J \�\./h K`� ..,,yy��``5 E HOLES N1SEAETER.WroLESS 34.4m W.TEES.14-07 SEE ! • } 'Y♦ y d \ /HcaAWIHSf . „, MOOR eE..E,fwvA,EO ro MHaruF aF bFEET. /JM� /j i v vYNSA1OM44E- 1 . ~'v Nu®olrtALanEl ,...2 \`.'''• I/Xj . NWELi 404-043 FePEf.Y'Gr; BE MSTNIEONAC<wuvs V.V.THE ) O .(' AAA". `F`C Istt , ,"`. ` . RESTORE ALL CRASS b6TUSED AREAS PATH TOPSOIL aALVNEEI FROM ! ' '� SEE NOTES. -: , QQ POST ESTALRATION RYE ORA95 ANSEL COERCROP.ARO EROS. FB�BTN®UT if ,� BM1AurEIOEwMK YCASC • y.ri�VyC 5 T URBAN CURSE TYPE A COMPLETED Sr OTHERS.CONT.CTOR STMLL • ._ }E. R.N..NTETE TO CHCH EYJ9TM.RADF_S LNOSf RESTORATION -'.PWIITMJ .N rt' O\ II \ i T ®IA.BE wrH TIE STAnmoaPEOFxwrK»D FOR CIE t `\ OF OSHKOSH CURRENT EDITION •' �Yy e*. 1 R IN r OVERUND SEAL.EPRo,L BA MECUM O ocEsTRucrEo TO CORNET STOW wA TER "t,� ( T' t4/ WENT RRUtfIeoR O-., p \RS/ ".•,• LYN € Y ,r / r PA`eaR cnuL :.o. f [ /^ ONE.SEE SHEET FOR LOCATIONS OF PROFILE \` •~•'• ROTATELPOLEF • .�,.- f �. ePEaA FouaTIw RFAIIiHI f� UhR...ALES ARE TO BE 0.131RUCTED AT A EWA.CP BSM YEr OTERO) RESrORA11.ARE flh.l , / / :wB1 PoSFHLOLEPALIIw,Fw f' t f '� li SLOPE.RECAAp:AREAS AS RIOTED BELQV . - SEE HOlF.S • ' ` ],FEET.CCRI ETE..P MITI 5.1. AREAH RENNACE TO CONVEY STCRMAATER FROM WEE.TO X i ` � F CWiIDai)TIP \ .`�� „ REOMTMTgx s:. PARKING or T STOaMYATEa FR.FR.. ... _. ® ;: FF f ��r � . PRLEcT swP TrnFFrwrKra :'� D ER Jf �.r "Y.,'11 'v.� RE RE.« SECURITY FENCE STAKEOUT \ f �� i ' G,, r N POINTS ). POINT II NORTHING FASTING \\\ v / t 1 739671e2 93s�� • w�� �� ' \ �� ,1� r a 9 739RB.71 235126039 ....�- V/` 1 S? •\ / ,g�'c/ \yam \ f N yn / 3 739]6230 3351N3201 •nl, '�. CYi \ PA�HEM w/nv10 / / I{• a Oa ;.� ,,,A �• 4 73974L3e 3351991Q \\ d '7( Ci f TrPElAL11pNOYPJ X... ``� / '43 (.y ` ISSUE/REVISION J y` I S 739A5.% 3361717.39 O,«:.. / t , `, ,T'`A, �� �f 4v `may` 6 73%76.79 3363030.A ��.• 17 �' 1• g 7 739R13.n x3szoaT.e6 �._._. f `�7\` (�\ v;A'� BEanmmu •'... if / '`\.... �..., �rf� - -- S n9R33.53 2T530EL811 \ ,Ta. \ / \ MANAML CVFIRlYHI .: ill-.4'\!J,\ Gf vINIS ND SET 9 739901% 935NID.69 1 •:"^'"< `�' • •� •`�� p- ��, DOLlLE BYANOMre. ,. ``.. R/ +Jt; �� 1N 739906.0E x3530[Ti.80 q ` y2 l \\, fr PApOpt f '+`"y. ,,..A. ... ` a ....._...._.: S %. _4 �♦ .it',.., � .''' 'E O 2, MR DATE CESCRIPTION //( INNLHMSEAMENl L. +.. .:�� N It , SAi� NEV PLAN sEafarY FENCE TNID,T ouFltT a,mATIYaE \ •\ n 1. osti P,PA STANDPIPE RM -`., '• Fyy�I 'fJr /1 /�"� "--/—WEED EVEI ELOPE \ ". N' ' -� RJR q,Q.. f�,:_. N /'/r-: hq<< r • b LNIRER-SR -�•, MFLSILVE HNER FXTEID®Srl .110 �'.` ` PROJECT NUMBER SYIFa F.L ANWMHO y 60577717 ♦ ': • r.•./ E�NAHEETRED J \\ .[' $ T g6� t l•• SHEET TITLE TO I - / ` .9 9 g SECURITY FENCE T aa vALE uawaML..E h\ \ `, i`,��`` BYo�nN oFLNEMsaARf LKFn �� ,\ .,6 a INSTALLATION PLAN �,a iF a,FEET ONCENTER WEE•0l OmTG055 • P dAIED aN Bon M.S.REEL TER ' IY N CNN FIPE(ni ,1 \. p A SECURITY FENCE INSTALLATION CROSS SECTION A' SHEE NUMBER ' 5-1 5 OF 7 - , •• v ,, ii L-'1 7 I T /.• I, I ''. \ \ �'.Ii,� f N. I ! Y�� F,�, k'\h ��� ! EPT N .+4.-- ii • Ow MOM 2,12.11 �`� ----.__ I' .1 n (a !' r I'x h x \ CITY OF OSHKOSH j • k x O ..� q;'I f i ) �' k k�r «,�~`.,r-+"' 313 CHURCH AVENUE SCALE.FEET E ( -..-. \\ '11 f/ / I OSHKOSH.NE ': G a I i , t f,�,ry''_ x-,.,,"'. ^'TTi..�it' www.u.o.Mo.n.w.w " EIpu 1 %4i ) WTE NEY PAD �..�^' CONSULTANT LEGEND ---,! TO SURGING. 1 tq 11 t LOCATION \. / \ AECOLI C C DECORATIVE METAL FENCE I I (1 T` l ` ./ i E%ISTINGLOOP ` ' SEA NORTH MAIN ST — IDO�i�o E FOR RZEI �� S,' 1,. 91 11 /I \. TTO E%ISTMD t NOT USEDINFRASTR�TURE SOI PMlSS31i0 t NA o' B3o-sz1-1tz.l.. --� 1 1'SCH 10 R:LECI y. ��,✓r ww..Fnm.wm -I I 1 COHIECT TO EXISTING tf : PROPOSED /,.,.' ETUBGUT '•: A GENERAL NOTES- I .. 1'SCNXO(ELEC) IT w ;.. CONNECT TO EXISTING .LOCATION�� .'(� C 1��,. I CONNECT TO EXISTING L STUBOUT Ei'jJ:..._. 7 / -• /•A ^ 1. SEE PROJECT INFORMATION SHEET(PF1)FOR LEGEND "' ,at,1`�'1 T SLH W(ELEC) AND GENERAL NOTES. INSTALL STUBOUT - 1'BCM AO(ELECT / KEY READER I.SOLAO(ELECI I. 4O / J "� 1. SEE FENCE INSTALLATION PUN SHEET(&1)FOR GATE 4�{ INFDIIMATION. _. f,ON POST FOR MAN GATE'. M (ELEC) 'SLIT--......_ � /✓/ S. ELECTRICAL DESIGN IS ONLY AN APPROXIMATION OF . t -- `ppNFECT TO EXISTING ``ti 7sp LE)., .' LOCATION.CONDUIT LOCATIONS TO BE DETERMINED BY ��C-'-^ ' CONTRACTOR AND COORDINATED WITH CT' '- .«.;:.;- „,'-'""�. \T SCN w(ELECT •.,Y'I^ , ,�'. EEECTRICATION "-• '-%`I�: ` I. SCMMPVC SHALL BE INSTALLED FOR ALL CONDUIT. CONNECT TO `` ( Pb. t� 't UNLESS OTHERWISE NOTED. 1 r L STING STUBOUT j \ \ j HRGI "-"+• 1 SCH 40(ELEC) `\ \ i _ 1` ` 6PEC4LL FOl1NDATION - / •Z REQUIRED POST HOLE FALLS WITHIN 6-FEET OF ±�I -�X��X Xr X -- � �, -yyt - ,,., ,� ,(� CONCRETE CAP UTILITY CORRIDOR(TYP) t / „C'STZ PER PROJECT SPECIFIUTION6. �rrGGWI .�. ,1 i 11 ` 1 INSTALL MAGNETIC ! 11 1 . -"+^+- CARD READER ON I_. I II 1 '1 "1---,,,ti LIGHT POLE SIDE RATE I 1 t- �'J- REGISTRATION a III ..., ``ii , �v -.-„-f OPERATOR(TYP.) II F INSTALL '^l Y\I\U, tNI I 4 11 1 INSTALL GA EYE T I I Y' ( EXISTING LOOP I.. PHOTOEYE ON GATE ,4- f INFRASTRUCTURE y ON GATE OPERATOR -.`\ > 1 Iill NOT USED OPERATOR >� 1 N\ `•- I I I t: ! , \`` 1 '4-- 7()1 I t I I I `\ P, - ` ISSUE/REVISION N. i ..--r ,-'.-. . ...- r , 1 1R Y� ,.....1 __.._ 1� , i •E EXISTING OPERATOR TO � ' � enulr I. CONgNf LOOP. C ar uI 1 j I rL y `;` A Yk l -it: RI GATE RPTION a G k? J i ( k x �� / 3 �� I� x x ..'�Y x l a 4 \ ., ili. l 11 I 1 xh tx ti ¢ 1 02 � I-'- I T ` itii I k \\.\\ xk '� k kxfi \\ CJ' I Li, 7 4'! I t 1 k. \ PROJECT NUMBER J' 1 i I ' � 1 I I RR xYk r kT < ��>j, sosTnl� XI 1 •fj ry Li I i i(Y x}.r x �Y \ �1 � 1 SHEET T UE a )] I:' I /4 lam,/ I,\' GATE ELECTRICAL PLAN �� x I I I '�� ,t SHEET NUMBER 3"(Latch Clearance) — Ameristar Standard — 2"(Hinge Clearance) Leaf Widths ® 1%4"FORERUNNER'vRail _ _ 13/4"MONTAGE II'"Rail I (See Cross-Section on Panel Drawing)I g" Varies 17% Post size varies with Height (See MONTAGE II t Post-Sizing char with ® I l!./ Height I _ ,. + Varies Witt Gate Upright Height I41 2"x 11 ga. t 6',7',8'only i l", x 14ga.Picket Standard Heights }I 3',3yi,4' S' 6' 7' 8' 1 — - - 1 1 2" 1 { 1F Weld on Box Hinge Non. J i I' ..,1 Yr , F ' 3%4"TYPICAL ' ,il t,. Al:; '. 36"Min. `r' � t' Footing depth 'I b '1 I:`. '.i r,.! ...11::K. ' ti :1i .1i'.: :u'.:; 1i ! • t Single gate Arrangement' ` ' NOTES: 1.)Post size depends on fence height,weight and wind loads. See MONTAGE!I'"`specifications for post sizing chart. 2.)SeeAmeri.rtar gate table for standard out to outs.Custom gate openings available for special out to out/leaf widths. 3.)Additional styles of gate hardware are available on request This could change the Latch&Hinge Clearance. 4.)Third&Forth rail optional. Over all Out to Out 2"(Hinge Clearance) — -- 3"(Latch Clearance) _ Ameristar Standard — 2"(Hinge Clearance) Leaf Widths 0 l%4"FORERUNNER'"Rail 0/4"MONTAGE II'Rail _ C - (Sec Crow Section on Panel Drawing) i 1 g„ 1 ^ l� /-- Post size varies''with Height Varies .J ` (See MONTAGE 1/"'Post-Sizing than) O with „4' 0 Height V Varies Gate Upright with d 2"x I I ga. Height (6,7',8'only) 1"g x 14ga.Picket Standard Heights 3',3Y 4 5 V ti 6',7',8' 2., JJ Weld on Box Hinge Nom. 'a f` y .1 I`: Q ......, ' — 3%a"TYPICAL FF " �_'; `. l� 36"Mtn. '' r ;� r' Footing depth -', I.'. Al �:' .1r '.ir . + Double gate Arrangement Values shown are nominal and not to be used for INDUSTRIAL STRENGTH STEEL installation purposes.See product specification for installation requirements. 2HGISOG Tide MONTAGE II GENESIS 2/3/4-RAIL SGL&DBL GATE va 1555 N.Mingo DR: RTM SH . l of 1 SCALE: DO NOT SCALE fliI AMERI S TAR° Tulsa, 3OK 7411 22 6 CK: ME Date 6/28/10 REV: b www.ameristarfewlwn 7 GATE MOUNTING POSTS POST r 131i6 r 10%2" FENCE LINE l o- .I HPOST f 5y2„ FENCE POST FENCE LINE DETAIL A v DETAIL B DETAIL C 1 _ b • �IL�u GATE _ ° "HEIGHT " " ~ ' 6,71,81,9,10' ; f J 1 i� ■ 48" r i. I p 1 i y :r :is.�. F:.7+, ire . , t GATE OPENING — 6'THROUGH 30'(6'-8'TALL) —— VARIES 6'THROUGH 20'(9'-10'TALL) Values shown are nominal and not to be used for installation purposes.See product specification for installation requirements. DETAIL A DETAIL B „ DETAIL C il Ilk --. 40 ' 0 IP H iv... i ir: c! 1 1 I 41 lir . I 1 p ISO VIEW II ISO VIEW FRONT VIEW SIDE VIEW TOP VIEW TRANSPORT II CANTILEVER GATE SPECIFICATION SUMMARY U.S.A.PATENT NO. 5,136,813 Material:Aluminum(ASTM B221 -6005-T5) Track:Proprietary Fast-Trak Extruded Shape 111 Uprights and Diagonal Braces:2" Square x y4" Security Pales:Proprietary Corrugated Impasse°Shape x%"Thick. Cantilever Gate Hardware:Kit#TGKOD Ameristar's TransPort Ornamental Cantilever Gates are designed to be mounted on posts that are off-set from the fence line. By off-setting the gate posts,the gate will pass between the fence and the mounting posts,keeping it from falling in the event of a track or hardware failure (a requirement of ASTMF2200). 3TSISO Tile: TRANSPORT IS STRONGHOLD CANTILEVER GATE im 1555 N.Mingo DR: CI SH. lof 1 SCALE: DO NOT SCALE I`t„A��'I AMERISTAR® Tulsa,OK 74116 1-888-333-3422 CK: PB Date 6/28/10 REV: b www.ameristarfep9c n 8 REZONE/GDP/SIP 240 ALGOMA BLVD LLC BARBARA YOUNG/DAVID J NESSELER 215 CHURCH AVE 146 ALGOMA BLVD G 1446 W NEW YORK AVE PC:07-02-19 OSHKOSH WI 54901 OSHKOSH WI 54901 EDELSTEIN PROPERTY GROUP LLC FIRST BAPTIST TEMPLE MARK W AREND 1570 DEERFIELD DR 138 CHURCH AVE 210 CHURCH AVE OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54901 NICK A/LISA M JENSEN PORTICO CHURCH INC SANDYS OF OSHKOSH INC 4737 INDIAN BEND RD 302 CHURCH AVE 2100 S KOELLER ST OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54902 SCOTT C/NICOLE L BRAYTON SONRISE MISSION INC WALLACE CHILDREN EDUCATION FUND TRUST 143 CHURCH AVE 222 CHURCH AVE 618 BIRCH ST OSHKOSH WI 54901 OSHKOSH WI 54901 WINNECONNE WI 54986 WINN CTY HISTORICAL&ARCH SOCIETY WINNEBAGO COUNTY COURTHOUSE WIS BELL INC 234 CHURCH AVE PO BOX 2808 722 N BROADWAY ST OSHKOSH WI 54901 OSHKOSH WI 54903 MILWAUKEE WI 53202 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 Page 9 UNION AV I . -A. ‘17.7111 1. 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For full disdaimer please go to Printing Date:6/19/2019 Oshkosh www.d.oshkosh.wi.us/GISdisclaimer Prepared by:City of Oshkosh,WI J:1GIS`Ptanning\Plan Commission Site Plan Map TemdatelPlan Commission Site Plan Map Template.mxd Page user, inai ITR 10 UTO! IIIIII `�� I L-1 I ���\ - - 1i__1___ "....."... 1m1II1. 111=1M77iatt-' " ITR.1O n ___ ...7-_---4.__', 1 TR-10PD_UTO' - • MR-20-UT0 J n i �TR-10PD T Av IE ~•_ -,� , AV .� 11 I I-PD-UTO TR-10=PD_ : - .---_ -..N TR-IOPDUTO I-PD I I I i I r = 1 .4 -PD �W� I I l S - m _ ��� tE�4y7 ....................... M. LiuUMU-PD - i TR-10PDUTO I-PDT ��►ir•� _. ..:.: , . . I I I Lpp ! 1111 i . . . MtLt I ■ 'N,40A - TR- O- - -. �, MR=36 •• iii. -1- rd ' UMU - mil �__ .., I-UTO N. UMU MR-36-UTO i I:PD _- - CMU-PD I-PD. -.�. MU T)P E CMU-PD * 41, >4 ,,..), a/ / UMU'UTO �♦�I�,♦7S.... i♦♦�• '4-, r UMU-UTO ► / ! _ UMU-PD-UTO `�, •/ UMU-UTO / '� I UMU,4 CMU '�' TR_10 %�MU-PD UM1D-UTO CMU UI-RFO 11.7_. I-PD ' � Ili /` �� ` CMU; �P �0. ,, . � , r. ,, ! . / � ..„,,,s, �e CAN SUBJECT �� SITE �., �' RMU-PD-RFO-Th $ ' ' . IFif I-PD=RFO a r:::= 1 I I N 1 ,CMU-RFO II �•._ UM CMU RMU=PD-RFOr...,_r-77, - . [....,_,.; UMU-PD RFO �I-PD 11- ~��� CMU=PD=RFO'D-RFO_�L /ii 215 CHURCH AVE N 1 in=0.09mi A1 in=500ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and AV the City of Oshkosh assumes no liabtiity for the accuracy of the information. Those using the Printing Date:6/19/2019 hformation are responsible for verifying accuracy. For full disclaimer please go to Oshkosh ww w .d.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI :1GIS`.Plann:ng\Plan Commission Site Plan Map Templataaan Commission Site Plan Map Te nptate.mxd Page 'II ". \ `v n ,..;... _ 6a wr -- d61.44- •- ray. ,,,,,,,N, ::: , 4.7...r,..:,% ,,,,,:::::E:,,,,: ,, , ::::17.1 ,, ---- '. ::#1. ..:Atill gi 1,4.-.--.,i:,;•:.:41. i -.............-''''''' ' . SA,.."A-',... . 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For full disdaimer please go to Oshkosh www.d.oshkosh.wi.us/GISdisclaimer Prepared by:City of Oshkosh,WI ,:1GISFlanningiPlan Commission Site Plan Map TemplatePlan Commission Site Plan Map Template.msd Page 12 JULY 9, 2019 JULY 23, 2019 19-398 19-435 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENTS TO CHAPTER 11 ELECTRICAL CODE OF THE CITY OF OSHKOSH MUNICIPAL CODE INITIATED BY: CITY INSPECTION SERVICES DIVISION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 11 ELECTRICAL CODE OF THE OSHKOSH MUNICIPAL CODE The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Chapter 11 Electrical Code of the Oshkosh Municipal Code is hereby amended to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 3. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #19-435 AMEND CHAPTER 11 ELECTRICAL CODE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 11 ELECTRICAL CODE OF THE OSHKOSH MUNICIPAL CODE) on July 23, 2019. Per state law, municipalities may no long impose registration, licensing or certification requirements on electrical contractors, electricians, or electrical inspectors. The amended ordinance removes reference to the City Electric Licensing and Examining Board as well as local City electrical licensing requirements. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. City lir Oshkosh TO: Mayor and Members of the Common Council FROM: Amy Vanden Hogen, Assistant City Attorney DATE: July 1, 2019 RE: Amend Chapter 11 Electrical Code of the City of Oshkosh Municipal Code BACKGROUND Previously, under the City of Oshkosh Municipal Code, an Electrical Licensing and Examining Board was established and no person or business could perform electrical work in the City without receiving a license/certificate issued by the City. Pursuant to Wis.Stat.§101.681,and effective April 1,2014,municipalities may no longer impose any registration, licensing, or certification requirements on electrical contractors, electricians, or electrical inspectors. ANALYSIS To comply with the new statutory requirements, Chapter 11 of the City of Oshkosh Municipal Code has been updated to remove reference to the Electrical Licensing and Examining Board as well as remove reference to local licensure/certification requirements. In addition, a clarifying sentence has been added to Section 11-13 and Section 11-15 has been removed to align with current practice of the Inspections Division. Filed along with this memo is a copy of the red-lined version of all proposed changes. FISCAL IMPACT There is no anticipated fiscal impact to the proposed ordinance as it is an update to an existing ordinance and brings the City into compliance with current statutory provisions. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us of Oshkosh RECOMMENDATION Staff recommends that the Council adopt the proposed ordinance. Respectful) Submitted, Approved: Amy den Hogen U Mark A. Rohloff Assistant City Attorney City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us City of Oshkosh Municipal Codes Revised_/_/19 CHAPTER 11 ELECTRICAL CODE ARTICLE I. ELECTRICAL REGULATIONS 11-1 RESERVED—Repealed (Definitions) 11-2 NATIONAL AND STATE ELECTRICAL CODES ADOPTED 11-3 SCOPE OF PROVISIONS 11-4 ELECTRICAL INSPECTOR 11-5 RESERVED 11-6 RESERVED 11-7 RESERVED 11-8 INTERPRETATIONS OF CODE BY INSPECTOR 11-9 RESERVED 11-10 RESERVED 11-11 RESERVED 11-12 RESERVED 11-13 INSPECTION PROCEDURE 11-14 RIGHT OF ENTRY 11-15 RESERVED—Repealed (Obstruction of Inspections) 11-16 INSPECTOR IS NOT LIABLE 11-17 CITY IS NOT LIABLE 11-18 LIABILITY OF OTHER CRAFTS 11-19 RESERVED—Repealed (Electrical License and Examining Board) 11-20 RESERVED—Repealed (Duties of Board) 11-21 RESERVED—Repealed (Suspension and Revocation of License) 11-22 RESERVED—Repealed (Licenses and Certificates for Electricians Required) 11-23 RESERVED—Repealed (Classification of Certificates and License) 11-24 RESERVED—Repealed (Application for Certificates and Fees) 11-25 RESERVED—Repealed (Applicants for Class 1 certificates.) 11-26 RESERVED—Repealed (Class 2 Application& Electrician Qualifications) 11-27 RESERVED—Repealed (Application for Type C Electrical Contractors' License) 11-28 RESERVED—Repealed (Application for Type M Electrical Maintenance License) 11-29 RESERVED—Repealed (Dual License Prohibited) 11-30 RESERVED—Repealed (Application for Type S License) 11-31 RESERVED—Repealed (Provisions Applicable to All Electrical Certificates) 11-32 PERMITS FOR ELECTRICAL WORK REQUIRED 11-33 APPLICATION FOR PERMITS 11-34 RESERVED—Repealed (Optional Arrangement for Type M Licensee)_ 11-35 ISSUANCE OF PERMITS 11-36 WORK WITHOUT PERMITS 11-37 LAPSE OF PERMIT 11-38 PLANS AND SPECIFICATIONS MAY BE REQUIRED TO BE SUBMITTED 11-39 PERMIT FEES City of Oshkosh Chapter 11—Page 1 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 11-40 AUTHORIZATION FOR ELECTRIC SUPPLY REQUIRED 11-41 RESERVED 11-42 RESERVED 11-43 RESERVED 11-44 UNSAFE OR ILLEGAL ELECTRICAL EQUIPMENT 11-45 SEIZURE OF ELECTRICAL EQUIPMENT 11-46 RESERVED-Repealed (Installation requirements.) 11-47 RESERVED 11-48 RESERVED 11-49 RESERVED 11-50 SERVICES 11-51 RESERVED 11-52 TEMPORARY INSTALLATIONS 11-53 PRE-EXISTING USE 11-54 MULTIPLE DWELLINGS; HALLWAY ILLUMINATION 11-55 RESERVED 11-56 RESERVED 11-57 PENALTIES City of Oshkosh Chapter 11—Page 2 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 ARTICLE I. ELECTRICAL REGULATIONS SECTION 11-1 DEFINITIONS (A) All licenses and certificates referred to in this Code shall be those issued or approved by the State of Wisconsin. SECTION 11-2 NATIONAL AND STATE ELECTRICAL CODES ADOPTED The provisions of Ch. 101, Subchapter IV, of the Wisconsin Statutes and Chapters PSC 114 and SPS 305 and 316 of the Wisconsin Administrative Code are adopted and fully incorporated into this Code by reference, except as to penalties contained therein. It is intended that all modifications, amendments, recodification and renumbering of the foregoing provisions as may occur from time to time shall likewise be immediately adopted and fully incorporated into this Code by reference. Any act prohibited by any of the foregoing provisions is prohibited by this Municipal Code. In the event that any of the provisions of this code, whether incorporated by reference or enumerated hereinafter, are in conflict, it is intended that the more restrictive provisions shall be applicable and enforced. SECTION 11-3 SCOPE OF PROVISIONS. (A) Regulated Use The regulations of this chapter shall apply to the supply of electricity and to all sales, rentals, leases, uses, installations, alterations, repairs, removals, renewals, replacements, disturbances, connections, disconnections, and maintenance of all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs and apparatus, or parts thereof, or attachments therefore hereafter referred to as electrical equipment which are intended to be, or are, within, on,under, over, or near, all buildings, structures, equipment and premises, except as provided in the following subsection. (B) Exceptions The Permit and Inspection provisions of this chapter will not apply to the following: (1) Installations described in 90-2(b) of the National Electric Code. (2) Any work involved in the manufacturing or testing of electrical equipment or apparatus. (3) Any work associated with: (a) The repair of plug connected electrical appliances or devices. (b) Permanently connected electrical appliances or devices which have been electrically and mechanically disconnected and separated from all sources of electrical supply by an electrical licensee. The opening of switches or the blowing or removal of fuses shall not be considered as electrical or mechanical disconnections or separation. City of Oshkosh Chapter 11—Page 3 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 (4) Manufacturing machinery and specific processing equipment as defined in ss. 70.11(27). SECTION 11-4 ELECTRICAL INSPECTOR (A) Enforce Electrical Code It shall be the duty of the Electrical Inspector and Deputy Electrical Inspector to enforce the provisions of this Chapter and such other duties as may be imposed upon him from time to time by the City Manager. (B) Report to Ci , Manager It shall be the duty of said Electrical Inspector to make a monthly report to the City Manager. Permit fees shall be remitted each week to the City Treasurer. (C) Keep Record The Electrical Inspector shall keep a record of all electrical permits.All records may be destroyed after ten (10) years. SECTION 11-5 RESERVED. SECTION 11-6 RESERVED. SECTION 11-7 RESERVED. SECTION 11-8 INTERPRETATIONS OF CODE BY INSPECTOR The Electrical Inspector shall have the discretion to fully interpret this ordinance, provided such interpretation does not conflict with state law. SECTION 11-9 RESERVED. SECTION 11-10 RESERVED. SECTION 11-11 RESERVED. SECTION 11-12 RESERVED. SECTION 11-13 INSPECTION PROCEDURE (A) Notification to Inspector Upon the completion of any installation, alteration or replacement of electrical equipment which requires a permit, it shall be the duty of the licensee or other authorized person making the installation, alteration or replacement, to notify the Electrical Inspector who shall inspect the installation, alteration or replacement as soon thereafter as practicable. When an installation has been satisfactorily completed the Electrical Inspector shall issue a certificate of approval to the City of Oshkosh Chapter 11—Page 4 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 person authorized to receive it, if requested. (B) Inspection of Electrical Equipment When any electrical equipment requiring a permit is to be concealed by the placement of parts of the building (including removable wall or ceiling panels) or parts of the equipment, the electrical equipment shall not be concealed by any authority until it has been inspected and approved by the Electrical Inspector, unless otherwise approved by the Electrical Inspector. On installations where concealment of electrical equipment proceeds continuously, the licensee or other authorized person installing the electrical equipment shall give the Electrical Inspector due notice and inspection shall be made periodically during the progress of the work. Concealment of electrical work before inspection shall constitute a violation of this Article. (C) When the installation is ready for inspection, the contractor, owner or agent shall make such arrangements as necessary to enable the inspector to inspect all parts of the electrical system. SECTION 11-14 RIGHT OF ENTRY The Electrical Inspector,or Deputy,shall have the authority to enter at reasonable times all buildings and premises and all parts thereof in order to make an inspection, reinspection, observation, examination or test of the electrical equipment or wiring contained therein or thereon, to enforce the regulations of this ordinance, provided however, that no inspection shall be made without a warrant, in the event that the occupant of the premises shall fail to give his consent to such inspection. SECTION 11-15 RESERVED (REPEALED-Formerly "OBSTRUCTION OF INSPECTIONS"). SECTION 11-16 INSPECTOR NOT LIABLE In all cases where any action is taken by the Electrical Inspector to enforce the regulations of this chapter such action shall be considered as done in the name of and on behalf of the City, and the said Electrical Inspector in so acting for the City shall not be held liable for any damage that may accrue to persons or property as the result of any such action or act committed in the discharge of their duties,and any lawsuit or action brought against said Electrical Inspector by reason thereof shall be defended by the City Attorney of the City until final termination of the proceedings contained therein. SECTION 11-17 CITY NOT LIABLE This Code shall not be construed to relieve or lessen the responsibility or liability of any person supplying electricity to, or selling, renting, leasing, owning, using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting, disconnecting or maintaining, any electrical equipment, for damages to persons or property caused by any defect therein or therefrom;nor shall the City be held as assuming any such responsibility or liability by reason of the issuance or revocation, of City of Oshkosh Chapter 11—Page 5 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 any license,permit or certificate,or the inspection or re-inspection authorized by this Code,or by reason of the approval or disapproval or any electrical equipment,sales,rentals, drawings,plans, specifications, materials, samples, test reports, literature, information or schedules authorized in this Code; nor shall the City be held liable for any damages resulting from the enforcement of this Code. SECTION 11-18 LIABILITY OF OTHER CRAFTS (A) Persons associated with crafts other than electrical and functioning in their native pursuits shall in no way alter the character of an electrical installation by the placement of materials or equipment in too close proximity, by concealment, by making inaccessible, or in any way affecting said approved electrical installation so as to render it in violation of this Code. Exception to the provisions of this Section shall be permitted where special written approval is obtained from the Electrical Inspector and the person owning or occupying the affected premises. (B) Violation of the provisions of this Section not only constitutes a violation of this Code but also makes the offender liable for costs associated with construction necessary to remedy the electrical installation so as to meet with Code approval. SECTION 11-19 RESERVED (REPEALED-Formerly "ELECTRICAL LICENSE AND EXAMINING BOARD"). SECTION 11-20 RESERVED (REPEALED-Formerly "DUTIES OF BOARD"). SECTION 11-21 RESERVED (Repealed-Formerly "SUSPENSION AND REVOCATION OF LICENSE"). SECTION 11-22 LICENSES AND CERTIFICATES FOR ELECTRICIANS REQUIRED No person or business shall install, alter, repair, remove, renew, replace, disturb, connect, disconnect or maintain any electrical equipment or accept any payments therefor in the City unless such a person has a license as required by Section 101.862 of the Wisconsin statutes. SECTION 11-23 RESERVED (REPEALED-Formerly "CLASSIFICATION OF CERTIFICATES AND LICENSES"). SECTION 11-24 RESERVED (REPEALED-Formerly "APPLICATION FOR CERTIFICATES AND FEES"). SECTION 11-25 RESERVED (REPEALED-Formerly "APPLICANTS FOR CLASS 1 CERTIFICATES") SECTION 11-26 RESERVED (REPEALED-Formerly "CLASS 2 APPLICANT& ELECTRICIAN QUALIFICATIONS"). SECTION 11-27 RESERVED (REPEALED-Formerly "APPLICATION FOR TYPE C ELECTRICAL CONTRACTORS' LICENSE"). SECTION 11-28 RESERVED (REPEALED-Formerly "APPLICATION FOR TYPE M ELECTRICAL MAINTENANCE LICENSE"). City of Oshkosh Chapter 11—Page 6 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 SECTION 11-29 RESERVED (REPEALED-Formerly "DUAL LICENSE PROHIBITED"). SECTION 11-30 RESERVED (REPEALED-Formerly "APPLICATION FOR TYPE S LICENSE"). SECTION 11-31 RESERVED (REPEALED-Formerly "PROVISIONS APPLICABLE TO ALL ELECTRICAL CERTIFICATES"). SECTION 11-32 PERMITS FOR ELECTRICAL WORK REQUIRED Except as provided in Section 11-3(B), no electrical equipment shall be installed, altered, renewed, replaced or connected without first procuring a permit therefor, providing,however, that in emergency cases or special situations wherein the nature or extent of a job is indefinite, the permit application may be temporarily withheld,but the Division of Inspection Services must be notified of this situation as soon thereafter as possible. Exceptions: 1. Low voltage Installations in 1 &2 Family Dwellings shall not require a permit. 2. Reconnection of existing power supplies to replacement heating plants, water heaters and other appliances. 3. No permit shall be required for the repair, removal, disturbance or disconnection of any existing electrical equipment or the renewal or replacement of any existing branch lighting circuit switches, sockets, or receptacles. SECTION 11-33 APPLICATION FOR PERMITS An individual that is in compliance with the licensing requirements of Section 101.862 of the Wisconsin statutes desiring a permit as required by this article shall file with the Electrical Inspector an application for such permit in writing on a form furnished for such purpose. Such application shall describe and enumerate the electrical equipment to be installed and shall give other reasonable information as may be required by the Division of Inspection Services and when required shall be accompanied by further information as regulated in Section 11-40. SECTION 11-34 RESERVED (REPEALED -Formerly "OPTIONAL ARRANGEMENT FOR TYPE M LICENSE"). SECTION 11-35 ISSUANCE OF PERMITS (A) Conditions Upon Which Permit Granted If upon examination it is found that the information on the application is complete, the Electrical Inspector shall issue a permit providing that the licensee agrees and expressly states that he is fully capable, and in possession of knowledge and ability to design, lay out, install, alter, or replace the work designated in the application in accordance with the regulations of this chapter and with all other laws and ordinances pertinent thereto and will install electrical equipment as City of Oshkosh Chapter 11—Page 7 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 described in the application for a permit in a safe,legal and workmanlike manner. (B) Compliance With Other Provisions of Code Required The issuance of any permit or the serving of any notice shall not preclude compliance with all ordinances or other laws relating to occupancy and use, construction or zoning. (C) Restriction On Permits No other electrical work shall be done except work as described in the application for permit. SECTION 11-36 WORK WITHOUT PERMIT (A) Inspector To Order Disconnection When any work is begun on the installation, alteration, or replacement of any electrical equipment without first obtaining a permit therefor as herein required, the Electrical Inspector shall have the power and authority to disconnect or order to be disconnected any such equipment, and to stop work until a permit has been procured. (B) In addition to the foregoing, a fee plus the permit fee amount or double the permit fee,whichever is greater shall be assessed, but the payment of such fees shall not relieve any person from fully complying with all of the regulations of this chapter, nor from any other penalties prescribed in this Code. Fees shall be determined according to the inspection fee schedule and will be established by resolution. SECTION 11-37 LAPSE OF PERMIT (A) Six (6) Month Time Lapse When any electrical work for which a permit has been issued is not started within six (6) months from the date of the issuance of the permit, or if after starting there is a cessation of such work of more than six (6) months, then said permit shall lapse and be void, and no electrical work shall be begun or resumed until a new permit is obtained and the fees as prescribed in Section 11-41 are paid therefore. (B) No Refund of Fees No refund of any permit fees paid into the City Treasury shall be made, except by action of the Common Council. SECTION 11-38 PLANS AND SPECIFICATIONS MAY BE REQUIRED TO BE SUBMITTED At the time of the issuance of a permit the Electrical Inspector may require the manufacturer, owner, installer, or user of electrical equipment to submit plans (drawings), data, and specifications, schedules or literature, information, materials, samples or test as may be necessary to determine the fitness of equipment for safe installation and use. City of Oshkosh Chapter 11—Page 8 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 SECTION 11-39 PERMIT FEES (A) Payment of Fees (1) Upon the issuance of a permit by the Electrical Inspector and before such permit shall be in effect, the applicant shall pay to the Electrical Inspector of the City a fee or fees. (2) The fees referred to in this section and other sections of this article shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the administering authority office, Room 205 City Hall, 215 Church Avenue, Oshkosh, Wisconsin. (B) Number of Inspections for Each Permit (1) The number of inspections per permit to be allowed without further charge shall be based upon the type or value of the improvement, or other approved criteria. Additional fees for each unnecessary inspection shall be charged for additional inspections due to Code violations or other valid reasons. (2) The fees referred to in this section and other sections of this article shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the administering authority office, Room 205 City Hall, 215 Church Avenue, Oshkosh, Wisconsin. (C) Misrepresentation of Fees It shall be unlawful for any person to misrepresent the amount charged by the City for permit fees or to misrepresent the amount of value of job on a permit. SECTION 11-40 AUTHORIZATION FOR ELECTRIC SUPPLY REQUIRED It shall be unlawful for any person to make any connection from any source or supply of electricity or to supply electricity to any electrical equipment for which a permit is required, or which has been disconnected by the Electrical Inspector, until a certificate or authorization has been issued by the Electrical Inspector authorizing the connection and use of such equipment. SECTION 11-41 RESERVED. SECTION 11-42 RESERVED. SECTION 11-43 RESERVED. City of Oshkosh Chapter 11—Page 9 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 SECTION 11-44 UNSAFE OR ILLEGAL ELECTRICAL EQUIPMENT (A) Notice to Owner;Failure to Comply When the Electrical Inspector finds any electrical equipment to be unsafe or dangerous to persons or property, the person owning or using such electrical equipment shall be notified in writing by the Electrical Inspector to remove or cause to be removed or to make any changes or repairs as determined by the Electrical Inspector so as to restore such electrical equipment to a safe condition. Failure to comply with such notice within the time specified in such notice shall be sufficient cause for the Electrical Inspector to disconnect or order the discontinuance of electrical service to said electrical equipment or to cause the arrest of such person owning or using such electrical equipment. (B) Emergency Situations In any case of emergency affecting the safety of persons or property, or where electrical equipment interferes with the work of the Fire Department, or where electrical equipment is not installed in conformity with the regulations of this chapter,the Electrical Inspector shall have the authority to disconnect immediately or cause the removal or disconnection of any such electrical equipment. (C) Inspector to Attach Official Notice to Disconnect Equipment When the Electrical Inspector disconnects or causes to be disconnected electric current from electrical equipment,he shall attach an official notice,tag,lock or seal to such electrical equipment to prevent the use of electricity. It shall be unlawful for any unauthorized person to detach such official notice,tag,lock,seal or to break open,change,remove,destroy,tear,alter,mutilate,cover, or otherwise deface or injury any such official notice, tag, lock or seal. SECTION 11-45 SEIZURE OF ELECTRICAL EQUIPMENT (A) Seizure By Inspector The Electrical Inspector shall have the power and authority and he is hereby authorized to seize and take possession of any electrical equipment or materials or parts thereof or attachments therefore which,in his opinion,are dangerous to life and property or which is suspected or found by him to have been the cause of any fire, accident, injury, or fatality, and to retain possession of same for the purpose of making an investigation,examination, of for official evidence. (B) Return of Equipment At Request of Owner After such electrical equipment or materials, in the possession of the Electrical Inspector, have served their purposes, and an official report and record thereof has been made, such electrical equipment or materials shall be returned to the owner, provided said owner requests in writing its return within ninety (90) days from the date of seizure. (C) Disposal of Seized Equipment If No Request by Owner Made City of Oshkosh Chapter 11—Page 10 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 If no such request is made, such equipment or materials may be destroyed or disposed of. SECTION 11-46 RESERVED (Repealed 3/28/06-formerly "INSTALLATION REQUIREMENTS"). SECTION 11-47 RESERVED. SECTION 11-48 RESERVED. SECTION 11-49 RESERVED. SECTION 11-50 SERVICES (A) Damaged Service (1) In the event of damage to an electrical service, whether by storm, deterioration, vandalism, or other causes, all electrical service, 60 Amperes or less shall be replaced with a minimum of 100 Ampere service. (2) At the time of service change, the wiring of the dwelling shall also be brought up to at least the requirements of the Minimum Housing Code. (See Chapter 16 of this Code.) (3) Failure to comply with this Section shall result in the disconnection of the electrical service as provided in Section 11-44 of this Code. SECTION 11-51 RESERVED. SECTION 11-52 TEMPORARY INSTALLATIONS The Electrical Inspector may grant special permission, for a limited period of time,for the installation or use of temporary electric wiring or equipment which does not conform with the regulations of this chapter. The person installing such wiring or equipment shall be directed and legally responsible and accountable for the safe condition of the installation at all times, and its complete removal at the end of the fixed temporary period as set by the Electrical Inspector or any time sooner when ordered by the Electrical Inspector. Carnivals, circuses, theatrical acts, and exhibitions and all places of temporary outdoor assembly are included in the provisions of this paragraph and all electric wiring and equipment associated herewith shall be installed, maintained and operated in a safe and workmanlike manner. All such wiring and equipment shall be isolated from the public by proper elevation or guarding and all electric switches and fuses shall be installed in approved enclosures. Cable laid on the ground or areas traversed by the public shall be buried in trenches or protected by covers approved by the Electrical Inspector. SECTION 11-53 PRE-EXISTING USE City of Oshkosh Chapter 11—Page 11 Municipal Codes City of Oshkosh Municipal Codes Revised_/_/19 Existing electrical equipment which does not conform to the regulations of this chapter but which was lawfully installed prior to the passage of this chapter may be continued in use only if maintained in a safe condition. Providing,however, that in multiple occupancy residential buildings or in single family rental homes, sufficient convenience outlets and adequate supply must be provided by the property owner as per the City of Oshkosh Minimum Housing Code. SECTION 11-54 MULTIPLE DWELLINGS: HALLWAY ILLUMINATION It will hereafter be mandatory that the owner,or owners,of multiple family dwellings, consisting of four (4) apartments or more, or rooming houses with six (6) or more rooms, shall be required to furnish hallway, stair and exit illumination, twenty-four (24) hours per day which will have an average light intensity of one (1') foot candle when measured four (4) feet from the floor. SECTION 11-55 RESERVED SECTION 11-56 RESERVED SECTION 11-57 PENALTIES Any person convicted of a violation of any of the provisions of this chapter shall be punished by a forfeiture of not less than Seventy-five Dollars($75.00)for the first conviction,not less than One Hundred Twenty-five Dollars ($125.00) for the second conviction for violations of any provision of this chapter and not less than Two Hundred Twenty-five Dollars ($225.00) for the third or subsequent conviction for violating any provision of this chapter,nor more than Five Hundred Dollars ($500.00) together with the costs of prosecution and in default of payment thereof by imprisonment for not exceeding sixty(60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Chapter 11—Page 12 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 CHAPTER 11 ELECTRICAL CODE ARTICLE I. ELECTRICAL REGULATIONS 11-1 PEFINTTlnxTc,RESERVED—Repealed (Definitions) 11-2 NATIONAL AND STATE ELECTRICAL CODES ADOPTED 11-3 SCOPE OF PROVISIONS 11-4 ELECTRICAL INSPECTOR 11-5 RESERVED 11-6 RESERVED 11-7 RESERVED 11-8 INTERPRETATIONS OF CODE BY INSPECTOR 11-9 RESERVED 11-10 RESERVED 11-11 RESERVED 11-12 RESERVED 11-13 INSPECTION PROCEDURE 11-14 RIGHT OF ENTRY 11-15 RESERVED—Repealed (Obstruction of Inspections -RUCTION R CTION OF !NSPEr� S, 11-16 INSPECTOR IS NOT LIABLE 11-17 CITY IS NOT LIABLE 11-18 LIABILITY OF OTHER CRAFTS 11-19 RESERVED—Repealed (Electrical License and ExaminingBoard oard) E E( T-Ri( A T 14CENSE A NP EX A NiTTMNG BO A RP 11-20 RESERVED—Repealed (Duties of B)ard TTTAc n� un A r1r, 11-21 RESERVED — Repealed (Suspension and Revocation of License)ST P Q A"P REVOC A T ON Or, 1 CENSE 1TL=p 11-22 RESERVED — Repealed (Licenses and Certificates for Electricians Required)LT E� CE TT�4r A TES FOR�r T( TTJT( T n arc n�nr TTTJT Tl 11-23 RESERVED — Repealed (Classification of Certificates and License)C A SSIFIC A TION OF (-'ET1TTT4 A TES A NP 1 T(-'ENSE 11-24 RESERVED — Repealed (Application for Certificates and Fee s)n�121 IC A TIQN FQV 11-25 RESERVED—Repealed (Applicants for Class 1 certificates.) 11-26 RESERVED —Repealed (Class 2 Application & Electrician Qualifications)CLASS 2 APPLICANT & El E -141CI A N (lT T A T TTT( A TT(1T�TC 11-27 RESERVED —Repealed (Application for Type C Electrical Contractors' License)A42121 TCli A TION FOR T)42E C E T CT-14 A l CONTRACTORS,CTORS, 1 T(-'T�'I� SE =z �,�--crccr-�.n� 11-28 RESERVED—Repealed (Application for Type M Electrical Maintenance License)A n1n1 TC A TION F,014 44 PE A C ELECTRICAL MAINTENANCE LICENSE City of Oshkosh Chapter 11—Page 1 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 11-29 RESERVED—Repealed (Dual License Prohibited) 1l1 T A 1 1 1(-'ENSE PROWIRIT-FID 11-30 RESERVED—Repealed (Application for Type S License -A 12121 IC A TIQN Fnn 41y12E c 1 1rNcE 11-31 RESERVED — Repealed (Provisions Applicable to All Electrical Certificates)12120AL1c1nN z-�A 1 12121 ( A R1 E TO ALL ELECTRICAL A l (-'ERT_1T�'1( A TES 11-32 PERMITS FOR ELECTRICAL WORK REQUIRED 11-33 APPLICATION FOR PERMITS 11-34 RESERVED — Repealed (Optional Arrangement for Type M Licensee_Ozn41 ARRANGEMENT TKO T)4PE N4 1 1(-'T�'I�TCT�U —c 11-35 ISSUANCE OF PERMITS 11-36 WORK WITHOUT PERMITS 11-37 LAPSE OF PERMIT 11-38 PLANS AND SPECIFICATIONS MAY BE REQUIRED TO BE SUBMITTED 11-39 PERMIT FEES 11-40 AUTHORIZATION FOR ELECTRIC SUPPLY REQUIRED 11-41 RESERVED 11-42 RESERVED 11-43 RESERVED 11-44 UNSAFE OR ILLEGAL ELECTRICAL EQUIPMENT 11-45 SEIZURE OF ELECTRICAL EQUIPMENT 11-46 RESERVED—Repealed(Installation requirements.) 11-47 RESERVED 11-48 RESERVED 11-49 RESERVED 11-50 SERVICES 11-51 RESERVED 11-52 TEMPORARY INSTALLATIONS 11-53 PRE-EXISTING USE 11-54 MULTIPLE DWELLINGS; HALLWAY ILLUMINATION 11-55 RESERVED 11-56 RESERVED 11-57 PENALTIES City of Oshkosh Chapter 11—Page 2 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 ARTICLE I. ELECTRICAL REGULATIONS SECTION 11-1 DEFINITIONS (A) All licenses and certificates referred to in this Code shall be e4Y-those issued or approved by the Electrical r;--- - a+id &Eafnining ua r- f d Qt)), Re-i )+ -- State C,, Hof Wisconsin. Class 1 Master- Qec-t ; is 's Cer- f - t F Qual f - t; r Class 2 M.,i t,»-a -e c,,pe-vise-'s Ce-4 - t of Qualific-a4en. Class 3 jo - �,+n r >~le ,tr a '. er-4 ; - t of Qualif4c-atian. T-��pe 1\4 Electrical(-'o t- to-'s T ; Bear-El of doe Qt)�or tl-�i�tati1 SECTION 11-2 NATIONAL AND STATE ELECTRICAL CODES ADOPTED The provisions of See4enCh. 101, Subchapter IV, 4447.�of the Wisconsin Statutes ^7^tiro t t>, r-egt+lations of iv -4ig ofand Chapters PSC 114 and SPS 305 and 316 of the Wisconsin Administrative Code_ known as fl4e " National Electric- Code and tl4e National >~ eEt ; Safet�C-ode, a-REI SPS 305.40—BPS 305.45, cn�62 electrical ins ect^rs _,,a master- e!ec-tr46a+is7 are adopted and fully incorporated into this Code by reference, except as to penalties contained therein. It is intended that all modifications, amendments, recodification and renumbering of the foregoing provisions as may occur from time to time shall likewise be immediately adopted and fully incorporated into this Code by reference. Any act prohibited by any of the foregoing provisions is prohibited by this Municipal Code. In the event that any of the provisions of this code, whether incorporated by reference or enumerated hereinafter, are in conflict, it is intended that the more restrictive provisions shall be applicable and enforced. SECTION 11-3 SCOPE OF PROVISIONS. (A) Regulated Uses The regulations of this chapter shall apply to the supply of electricity and to all sales, rentals, leases, uses, installations, alterations, repairs, removals, renewals, replacements, disturbances, connections, disconnections, and maintenance of all electrical materials, wiring, conductors, City of Oshkosh Chapter 11—Page 3 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 fittings, devices, appliances, fixtures, signs and apparatus, or parts thereof, or attachments therefore hereafter referred to as electrical equipment which are intended to be, or are, within, on,under,over,or near, all buildings,structures,equipment and premises, except as provided in the following subsection. (B) Exceptions The License, Permit and Inspection provisions of this chapter will not apply to the following: (1) Installations described in 90-2(b) of the National Electric Code. (2) Any work involved in the manufacturing or testing of electrical equipment or apparatus. (3) Any work associated with: (a) The repair of plug connected electrical appliances or devices. (b) Permanently connected electrical appliances or devices which have been electrically and mechanically disconnected and separated from all sources of electrical supply by an electrical licensee. The opening of switches or the blowing or removal of fuses shall not be considered as electrical or mechanical disconnections or separation. (4) Manufacturing machinery and specific processing equipment as defined in ss. 70.11(27). (4) Low Voltage install tio+w SECTION 11-4 ELECTRICAL INSPECTOR (A) Enforce Electrical Code It shall be the duty of the Electrical Inspector and Deputy Electrical Inspector to enforce the provisions of this Chapter and such other duties as may be imposed upon him from time to time by the City Manager. (B) Report to City Manager It shall be the duty of said Electrical Inspector to make a monthly report to the City Manager. Permit fees shall be remitted each week to the City Treasurer. (C) Keep Record (1) The Electrical Inspector shall keep a record of all electrical permits. City of Oshkosh Chapter 11—Page 4 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 (2) Recar-Els of electrical per-mits issued, licensee applications, examination 19aper-s a electrical examining boafd aefivifies shall be pe-rpetuate All records may be destroyed after ten (10) years. SECTION 11-5 RESERVED. SECTION 11-6 RESERVED. SECTION 11-7 RESERVED. SECTION 11-8 INTERPRETATIONS OF CODE BY INSPECTOR The Electrical Inspector shall have the discretion to fully autl4er-i-; to r^r El^r interpretations this ordinance, provided such interpretation does not conflict with state law. ---- a -- - - --_ r-elat4ng to the Electrical Licensing and -- - - --- SECTION 11-9 RESERVED. SECTION 11-10 RESERVED. SECTION 11-11 RESERVED. SECTION 11-12 RESERVED. SECTION 11-13 INSPECTION PROCEDURE (A) Notification to Inspector Upon the completion of any installation, alteration or replacement of electrical equipment which requires a permit, it shall be the duty of the licensee or other authorized person making the installation, alteration or replacement, to notify the Electrical Inspector who shall inspect the installation, alteration or replacement as soon thereafter as practicable. When an installation has been satisfactorily completed the Electrical Inspector shall issue a certificate of approval to the person authorized to receive it, if requested. (B) Inspection of Electrical Equipment When any electrical equipment requiring a permit is to be concealed by the placement of parts of the building (including removable wall or ceiling panels)or parts of the equipment,the electrical equipment shall not be concealed by any authority until it has been inspected and approved by City of Oshkosh Chapter 11—Page 5 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 the Electrical Inspector, unless otherwise approved by the Electrical Inspector. On installations where concealment of electrical equipment proceeds continuously, the licensee or other authorized person installing the electrical equipment shall give the Electrical Inspector due notice and inspection shall be made periodically during the progress of the work. Concealment of electrical work before inspection shall constitute a violation of this Article. (C) When the installation is ready for inspection, the contractor, owner or agent shall make such arrangements as necessary to enable the inspector to inspect all parts of the electrical system. SECTION 11-14 RIGHT OF ENTRY The Electrical Inspector,or Deputy,shall have the authority to enter at reasonable times all buildings and premises and all parts thereof in order to make an inspection, reinspection, observation, examination or test of the electrical equipment or wiring contained therein or thereon, to enforce the regulations of this ordinance, provided however, that no inspection shall be made without a warrant, in the event that the occupant of the premises shall fail to give his consent to such inspection. SECTION 11-15 RESERVED (REPEALED-Formerly OBSTRUCTION OF=INSPECTIONS"L Of a+l�� a+',El all ObStFUC-60+1S iRC-44ding latI4, plaster-, lumber-, bear-Els, par-46ens and to break all seals and open all Eloar-s, Nvindows, loc-ks, latches and c-atc-14es for- 44e pur-pase of gaffiiing access to and inspec-tia of electrical equipment SECTION 11-16 INSPECTOR NOT LIABLE In all cases where any action is taken by the Electrical Inspector Electrical Examiner-s to enforce the regulations of this chapter such action shall be considered as done in the name of and on behalf of the City, and the said Electrical Inspector OF m^mb^r of 44e -90 a m so actinngoR for the City shall not be held liable for any damage that may accrue to persons or property as the result of any such action or act committed in the discharge of their duties, and any lawsuit or action brought against said Electrical Inspector, ^r m^mber-s of 44e Baaf47 by reason thereof shall be defended by the City Attorney of the City until final termination of the proceedings contained therein. SECTION 11-17 CITY NOT LIABLE City of Oshkosh Chapter 11-Page 6 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 This Code shall not be construed to relieve or lessen the responsibility or liability of any person supplying electricity to, or selling, renting, leasing, owning, using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting, disconnecting or maintaining, any electrical equipment, for damages to persons or property caused by any defect therein or therefrom;nor shall the City be held as assuming any such responsibility or liability by reason of the issuance or revocation, of any license,permit or certificate,or the inspection or re-inspection authorized by this Code,or by reason of the approval or disapproval or any electrical equipment,sales,rentals, drawings,plans,specifications, materials, samples, test reports, literature, information or schedules authorized in this Code; nor shall the City be held liable for any damages resulting from the enforcement of this Code. SECTION 11-18 LIABILITY OF OTHER CRAFTS (A) Persons associated with crafts other than electrical and functioning in their native pursuits shall in no way alter the character of an electrical installation by the placement of materials or equipment in too close proximity, by concealment, by making inaccessible, or in any way affecting said approved electrical installation so as to render it in violation of this Code. Exception to the provisions of this Section shall be permitted where special written approval is obtained from the Electrical Inspector and the person owning or occupying the affected premises. (B) Violation of the provisions of this Section not only constitutes a violation of this Code but also makes the offender liable for costs associated with construction necessary to remedy the electrical installation so as to meet with Code approval. SECTION 11-19 RESERVED (REPEALED-Formerly_ "ELECTRICAL LICENSE AND EXAMINING BOARD"). SECTION 11-20 RESERVED (REPEALED-Formerly "DUTIES OF BOARD"). SECTION 11-21 RESERVED (Repealed-Formerly "SUSPENSION AND REVOCATION OF LICENSE"). SECT10N 'I 1 1 Q E1 E( T-Ri( A T 14CENSE A NP EX A NUMNG BOA TJTI ac-tivity sl4al be ide f., City of Oshkosh Chapter 11—Page 7 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 CC T1 e Qt; , A++.,,. e,. 44A act as legal adviser-fee-04e Bear-El. (4) For- par-poses of estab44�g stagger-ing terms E)f appointment, d4e 444a! appointments Made two member-_ being appointed--- _-. - J __- __--___ S CT ON 44 29 P1 TTT>~c OF BO A RP (A) Mnn+; j it 44A be 44e Elut)�E)f 04e Bear-El tE) C-Effldt+Et at least two (2) meetings eac-14��ear, Q44er- meetings ma)�be 14eld at an)� t4me at 44e Elisc-r-etien of 44e Boar-El. Suc-14 meetings 44A be for- 44e par-pose Of Eonsidef-i+lg it sl4all be 44e Elut�� of 44e Bear-El to c-empile examina&)n questions fer- each class of c-er-44c-ate a questions_ ___ being _- -- _--. in respect to _____ ____- -____ 1- � __- ------_ O-_-__-_- - r ti / / Regolar-examinations 44A be 14eld at least twic-e a��ear-but special examinations c-an be 14eld at an)�time +14., Boar-El se anc-rnns an��member-the Bear-El selec-ts. v CT10N 41 71 CvTP-cr-d�-Cu-icTAT A P REV ( AT10N OF 1 1(-'ENS City of Oshkosh Chapter 11-Page 8 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 (A) Upon c-wnplainc-e b��44e Electrical inspec-ter-E)r-b��a4klavit fr-am odwr-per-sons, and after-14 E)r-for-an��atlwr-good and s446ent c-ause,b)�an aff4r-mative vote of fet+r-(4)member-s of d4e Bear-El. jet SECTION 11-22 LICENSES AND CERTIFICATES FOR ELECTRICIANS REQUIRED No person or business shall install, alter, repair, remove, renew, replace, disturb, connect, disconnect or maintain any electrical equipment or accept any payments therefor in the City Nvitl4aut first 14^v ing unless such a person has a license as required by Section 101.862 of the Wisconsin statutes.: --- --- - Per-sons -_- -=- --- _- - and - -= errr-enti-e _- Beginning Electricians and -- --king as r-- tided in -- -_(- ) -- (-) are exempt fr-em this c-t r PE) 14elp f- v, . tlw- 44a members ere of 14is immediate family. Win. V;lege , i 1, r ___-- -_--_ ___-- - ---_._ -_- - __-_--J - Any r -_-___ root- -p-__ stipulation so SECTION 11-23 RESERVED (,REPEALED—Formerly "CLASSIFICATION OF CERTIFICATES City of Oshkosh Chapter 11-Page 9 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 AND LICENSES"). SECTION 11-24 RESERVED (REPEALED—Formerly_ "APPLICATION FOR CERTIFICATES AND FEES"). SECTION 11-25 RESERVED (REPEALED—Formerly_ "APPLICANTS FOR CLASS 1 CERTIFICATES") SECTION 11-26 RESERVED (REPEALED—Formerly_ "CLASS 2 APPLICANT& ELECTRICIAN QUALIFICATIONS"). SECTION 11-27 RESERVED (REPEALED—Formerly "APPLICATION FOR TYPE C ELECTRICAL CONTRACTORS' LICENSE"). SECTION 11-28 RESERVED (REPEALED—Formerly "APPLICATION FOR TYPE M ELECTRICAL MAINTENANCE LICENSE"). SECTION 11-29 RESERVED (REPEALED—Formerly "DUAL LICENSE PROHIBITED"). SECTION 11-30 RESERVED (,REPEALED—Formerly "APPLICATION FOR TYPE S LICENSE" . SECTION 11-31 RESERVED (REPEALED—Formerly "PROVISIONS APPLICABLE TO ALL ELECTRICAL CERTIFICATES"). SE TT0N 44 23 CLASSIFICATION OF CERTIFICATES A NP LICENSES s f. s (A) Class 4 Master- Qe-tr- - a 's Certificate of Q ali -afie,, (C) Class 3 je .,,e y a„ Ell-tr4.;a-RIs Ce-4 -ate of Q a!4 -at , S CT-IQP�T I 1 24 APPLICATION FOR CERTIFICATES Al�T�S. / City of Oshkosh Chapter 11—Page 10 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 14LlZnTAvenue, / CTTn�1- 2_5SEn�P. (REP A LEP Pa, ne.1„ rrAI2121 T( A NTC FOR CLASS 'I (-'ETJTIFI A TECr') SECTION 26 CLASS 2 A T21 T( A I TT R_ EI E -J CT A TAT(1T T A T TT T( A TT(11�TC After- examinafien 44e Boar-d sl4all certify 04e names of eligible applic-ants to 04e Pec- T,-,spe-te.Nyl4, sb,all 04 ..,,,,-.o issue Class 2 -e.1-;4Eate. ---- - as---`------- --- -` ----` sec-and ---== and - - ---- in - - are in 04e _- -r--J _- ---J r ----__i r operating-0 a an- _------- __-_-------- in -__-- __--. _-_--____r __--_-_-_ _ -_-_--_____ _- __ -_____ _- >~1e , act+cr�c'�'ranT v CTT(l� 27 _4_12 TJ1 T( A TT0N FOR T 12E C E E(-'TTJT( A l CONTRACTORS,CTORS, 1 T(-'EN_SE City of Oshkosh Chapter 11—Page 11 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 r r (master- elec-tr-ic-ian E)r- State of Wisc-ensin Master- Cer-64c-ate) will 14ave complete a Wisc-onsin c-er-64c-ate, will be a bona Ade full time empk))�ee and 44at st+44 Eef-44C-ate 1401de apf)!�;ing for- or- r-enewing a c-entr-aEtar- lic-ense. Eac-14 c-ontr-ac-tor- 44A maintain public- liability qc-er r limits.,f at least$ nnn nnn Iger- and$ nnn nnn aggr-egate7 r ,,V,,, a-a ,r,,,,, ,,,Y„-,,,ram- --- ,,,,,,,,,,,,Y,,, Al-l--I+'a-sHr-er-S ;l4a11 „a .,f a at f; -ation of ter- nati,v, to 44e inspect ,,, Sen aad flwr-eafter- a rvnewal fee. All fees fer- fl4ese services will be listed on 44e inspec-tion fe-e _____-_ and will be __-__._-______ ._J ___-____ v CT1(l� 2_8 _4_12 121 1( A T10N FOR TV12E A 4 E ECT-Vi A l MA P Tl~N A N(-E 1 1(-'ENC9 City of Oshkosh Chapter 11-Page 12 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 14older-will be a full time empleyee,and 14ave c-emplete s . . . ver-fl4e electrical r SECT1�ri9 1l1 T A T LICENSE PRO141R1TT Tl NE) 14older- E)f a Class 1 (master- electrician) or- State of Wisc-ensin Master- Cer-44c-ate E)r- Class 2 Exc-eption: A414er-e a Master- Qec-tr-ic-ian is named as 44e foil time employee of an applic-ant for- 44e r 44e following „ liti ems• PeEtr4c4an w4ile being installed. SECT1�r-30- -4-12121 1( A TION FQ TV12E C LICENSE—. (A pr-esent engaged, in 44e business of r r rmaintaining, r-emedeling, wir-Ing, r-ewir-ing E)r- installing electrically elger-ated E)r- 444minated signs, and Elec-E)r-a4ve or- ,a $ nnn nnn aggregate. r and unemployment c-emigensat4an r-equir-ements, City of Oshkosh Chapter 11-Page 13 Municipal Codes City of Oshkosh Municipal Codes Revised 4-2/09/194 r no fur-44er-permits 44A be issued witil a new insur-anc-e certificate 14as been Aled with 44e Pivisi flwr-eafter- a r-eaewal fee. All fees for-fl4ese serwic-es Nvill be listed on 04e inspeEtion fee sehedule and Nvi4 be ------ -- - -J ------ ---- A Class S lic-ense 14older-44A be per-mitted to install outside and inside electric-signs and outside E)r-iRskle E)r- outline r r o-- o to — - -urr-J -- (A) Comiglianc-e W414 Code Nec-essa+2-v For-Renewal f; /91 TAT.,P..,.a+ea 1; .1; .a„+s all ,. ,44e ., a1 fee f.,.r-enewal. rr- r-_J o— _—--- (C) Li-c-ense Non ass tr-ans fer-a,l. andne 1; -ense sh all be used b)�per-sonE)04,.+14 a,-, to Nyl4.,v, issued. All Qt)�of Qsl4kasI4 Class 2 c-er-64c-ates, and 44ose Cit�;E)f QsI4kE)sI4 Class 4 and Class 3 certificates whidfl unless Elue to extenuating c-ir-c-amstanc-es fl4e time limit is e*tended b)� 44e -Boar-El. T-14er-e will be a fee 44 Fe+IeNVA A-1111 fees for-"s service will be listed en 04e inspec-tion fee sc-lwdule and will be establislwd b)�r-eselt+ E)f Qsl4kes]4 Electrical Lic-ense and Examining Bear-El. Continoing educ-atiE)n classes 44A wl!�� EtHalif)�fE)r- City of Oshkosh Chapter 11-Page 14 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 r on 04e `r nds of pfolonged�C7s of Elisability of ±m;li-ri-raf curl. fEumstanEes. EaE14 at3t9l;l atiOR f0f here Fequest to fe - , d4ei City f Qsl4kos14 Class I3-Ceffifkate is WiSEORSiR of may file an appeal to d4e WeEtfkal Lkense and Examining BE)afd.- Qsl4kes]4 Class 2 examina&)n in or-Eler- to r-eac-Efuir-e the Class 2 Certificate E)r- may file an appeal tE) 44e (5) A per-son may r-enew 14is E)r- 14er- Qt�, of Qs14kE)s14 Certificate ne later- 44an one term after- fl4e SECTION 11-32 PERMITS FOR ELECTRICAL WORK REQUIRED Except as provided in Section 11-3(B), no electrical equipment shall be installed, altered, renewed, replaced or connected without first procuring a permit therefor, providing,however, that in emergency cases or special situations wherein the nature or extent of a job is indefinite, the permit application may be temporarily withheld,but the Division of Inspection Services must be notified of this situation as soon thereafter as possible. Exceptions: 1. Low voltage Installations in 1 &2 Family Dwellings shall not require a permit. 2. Reconnection of existing power supplies to replacement heating plants, water heaters and other appliances. 3. No permit shall be required for the repair, removal, disturbance or disconnection of any existing electrical equipment or the renewal or replacement of any existing branch lighting circuit City of Oshkosh Chapter 11—Page 15 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 switches, sockets, or receptacles. SECTION 11-33 APPLICATION FOR PERMITS An��14ol d er of a T-)r e C,A4 or c ^ers^An individual that is in compliance with the licensingrequirements of Section 101.862 of the Wisconsin statutes-desiring a permit as required by this particle shall file with the Electrical Inspector an application for such permit in writing on a form furnished for such purpose. Such application shall describe and enumerate the electrical equipment to be installed and shall give other reasonable information as may be required by the Division of Inspection Services and when required shall be accompanied by further information as regulated in Section 11-40. SECTION 11-34 RESERVED (REPEALED -Formej l OPTIONAL ARRANGEMENT FOR TYPE M LICENSE/'. (A) in lieu of individual per-mits for- eaE14 installation or- alter-ation of electrical eqt4p+ne+:kt-, a t)�pe N lic-ense ma�,, open applic-afien and 44e pa��ment of fees, be issued an annual per-mit w1iieh will at+44er-ize 04e per-se+:� f4m or- corporation to wl4am issued to install-, move, alter-, repair- maintain electrical equipment on 04eir-f)r-e+nl.*-.----. (B) T-ke 19r-ovisions Set fo.+], , Sec-tions4-35-1437 14e-eo f .,,-,a 41 n / (C) An annual r^ „J� J - J and _ installed _- -_-________, Electrical Inspe-te, sl4all 14av,, access to stares e a,-«a T-14 Electrical inspe-te, P r„+„ s was issued. lessee, and fl4e fees SECTION 11-35 ISSUANCE OF PERMITS City of Oshkosh Chapter 11—Page 16 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 (A) Conditions Upon Which Permit Granted If upon examination it is found that the information on the application is complete, the Electrical Inspector shall issue a permit providing that the licensee agrees and expressly states that he is fully capable, and in possession of knowledge and ability to design, lay out, install, alter, or replace the work designated in the application in accordance with the regulations of this chapter and with all other laws and ordinances pertinent thereto and will install electrical equipment as described in the application for a permit in a safe,legal and workmanlike manner. (B) Compliance With Other Provisions of Code Required The issuance of any permit or the serving of any notice shall not preclude compliance with all ordinances or other laws relating to occupancy and use, construction or zoning. (C) Restriction On Permits No other electrical work shall be done except work as described in the application for permit. SECTION 11-36 WORK WITHOUT PERMIT (A) Inspector To Order Disconnection When any work is begun on the installation, alteration, or replacement of any electrical equipment without first obtaining a permit therefor as herein required, the Electrical Inspector shall have the power and authority to disconnect or order to be disconnected any such equipment, and to stop work until a permit has been procured. (B) In addition to the foregoing, a fee plus the permit fee amount or double the permit fee,whichever is greater shall be assessed, but the payment of such fees shall not relieve any person from fully complying with all of the regulations of this chapter, nor from any other penalties prescribed in this Code. Fees shall be determined according to the inspection fee schedule and will be established by resolution. SECTION 11-37 LAPSE OF PERMIT (A) Six (6) Month Time Lapse When any electrical work for which a permit has been issued is not started within six (6) months from the date of the issuance of the permit,or if after starting there is a cessation of such work of more than six (6) months, then said permit shall lapse and be void, and no electrical work shall be begun or resumed until a new permit is obtained and the fees as prescribed in Section 11-41 are paid therefore. (B) No Refund of Fees City of Oshkosh Chapter 11—Page 17 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 No refund of any permit fees paid into the City Treasury shall be made, except by action of the Common Council. SECTION 11-38 PLANS AND SPECIFICATIONS MAY BE REQUIRED TO BE SUBMITTED At the time of the issuance of a permit the Electrical Inspector may require the manufacturer, owner, installer, or user of electrical equipment to submit plans (drawings), data, and specifications, schedules or literature, information, materials, samples or test as may be necessary to determine the fitness of equipment for safe installation and use. SECTION 11-39 PERMIT FEES (A) Payment of Fees (1) Upon the issuance of a permit by the Electrical Inspector and before such permit shall be in effect, the applicant shall pay to the Electrical Inspector of the City a fee or fees. (2) The fees referred to in this section and other sections of this article shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the administering authority office, Room 205 City Hall, 215 Church Avenue, Oshkosh, Wisconsin. (B) Number of Inspections for Each Permit (1) The number of inspections per permit to be allowed without further charge shall be based upon the type or value of the improvement, or other approved criteria. Additional fees for each unnecessary inspection shall be charged for additional inspections due to Code violations or other valid reasons. (2) The fees referred to in this section and other sections of this article shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the administering authority office, Room 205 City Hall, 215 Church Avenue, Oshkosh, Wisconsin. (C) Misrepresentation of Fees It shall be unlawful for any person to misrepresent the amount charged by the City for permit fees or to misrepresent the amount of value of job on a permit. City of Oshkosh Chapter 11—Page 18 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 SECTION 11-40 AUTHORIZATION FOR ELECTRIC SUPPLY REQUIRED It shall be unlawful for any person to make any connection from any source or supply of electricity or to supply electricity to any electrical equipment for which a permit is required, or which has been disconnected by the Electrical Inspector, until a certificate or authorization has been issued by the Electrical Inspector authorizing the connection and use of such equipment. SECTION 11-41 RESERVED. SECTION 11-42 RESERVED. SECTION 11-43 RESERVED. SECTION 11-44 UNSAFE OR ILLEGAL ELECTRICAL EQUIPMENT (A) Notice to Owner;Failure to Comply When the Electrical Inspector finds any electrical equipment to be unsafe or dangerous to persons or property,the person owning or using such electrical equipment shall be notified in writing by the Electrical Inspector to remove or cause to be removed or to make any changes or repairs as determined by the Electrical Inspector so as to restore such electrical equipment to a safe condition. Failure to comply with such notice within the time specified in such notice shall be sufficient cause for the Electrical Inspector to disconnect or order the discontinuance of electrical service to said electrical equipment or to cause the arrest of such person owning or using such electrical equipment. (B) Emergency Situations In any case of emergency affecting the safety of persons or property, or where electrical equipment interferes with the work of the Fire Department, or where electrical equipment is not installed in conformity with the regulations of this chapter,the Electrical Inspector shall have the authority to disconnect immediately or cause the removal or disconnection of any such electrical equipment. (C) Inspector to Attach Official Notice to Disconnect Equipment When the Electrical Inspector disconnects or causes to be disconnected electric current from electrical equipment,he shall attach an official notice,tag,lock or seal to such electrical equipment to prevent the use of electricity. It shall be unlawful for any unauthorized person to detach such official notice,tag,lock,seal or to break open,change,remove,destroy,tear,alter,mutilate,cover, or otherwise deface or injury any such official notice, tag, lock or seal. SECTION 11-45 SEIZURE OF ELECTRICAL EQUIPMENT City of Oshkosh Chapter 11—Page 19 Municipal Codes City of Oshkosh Municipal Codes Revised 42/ 09/194 (A) Seizure By Inspector The Electrical Inspector shall have the power and authority and he is hereby authorized to seize and take possession of any electrical equipment or materials or parts thereof or attachments therefore which,in his opinion,are dangerous to life and property or which is suspected or found by him to have been the cause of any fire, accident, injury,or fatality, and to retain possession of same for the purpose of making an investigation,examination, of for official evidence. (B) Return of Equipment At Request of Owner After such electrical equipment or materials, in the possession of the Electrical Inspector, have served their purposes, and an official report and record thereof has been made, such electrical equipment or materials shall be returned to the owner, provided said owner requests in writing its return within ninety (90) days from the date of seizure. (C) Disposal of Seized Equipment If No Request by Owner Made If no such request is made, such equipment or materials may be destroyed or disposed of. SECTION 11-46 RESERVED (Repealed 3/28/06-formerly "INSTALLATION REQUIREMENTS"). SECTION 11-47 RESERVED. SECTION 11-48 RESERVED. SECTION 11-49 RESERVED. SECTION 11-50 SERVICES (A) Damaged Service (1) In the event of damage to an electrical service, whether by storm, deterioration, vandalism, or other causes, all electrical service,60 Amperes or less shall be replaced with a minimum of 100 Ampere service. (2) At the time of service change, the wiring of the dwelling shall also be brought up to at least the requirements of the Minimum Housing Code. (See Chapter 16 of this Code.) (3) Failure to comply with this Section shall result in the disconnection of the electrical service as provided in Section 11-44 of this Code. SECTION 11-51 RESERVED. SECTION 11-52 TEMPORARY INSTALLATIONS City of Oshkosh Chapter 11—Page 20 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 The Electrical Inspector may grant special permission, for a limited period of time,for the installation or use of temporary electric wiring or equipment which does not conform with the regulations of this chapter. The person installing such wiring or equipment shall be directed and legally responsible and accountable for the safe condition of the installation at all times, and its complete removal at the end of the fixed temporary period as set by the Electrical Inspector or any time sooner when ordered by the Electrical Inspector. Carnivals, circuses, theatrical acts, and exhibitions and all places of temporary outdoor assembly are included in the provisions of this paragraph and all electric wiring and equipment associated herewith shall be installed, maintained and operated in a safe and workmanlike manner. All such wiring and equipment shall be isolated from the public by proper elevation or guarding and all electric switches and fuses shall be installed in approved enclosures. Cable laid on the ground or areas traversed by the public shall be buried in trenches or protected by covers approved by the Electrical Inspector. SECTION 11-53 PRE-EXISTING USE Existing electrical equipment which does not conform to the regulations of this chapter but which was lawfully installed prior to the passage of this chapter may be continued in use only if maintained in a safe condition. Providing,however, that in multiple occupancy residential buildings or in single family rental homes, sufficient convenience outlets and adequate supply must be provided by the property owner as per the City of Oshkosh Minimum Housing Code. SECTION 11-54 MULTIPLE DWELLINGS: HALLWAY ILLUMINATION It will hereafter be mandatory that the owner,or owners,of multiple family dwellings, consisting of four (4) apartments or more, or rooming houses with six (6) or more rooms, shall be required to furnish hallway, stair and exit illumination, twenty-four (24) hours per day which will have an average light intensity of one(1')foot candle when measured four (4)feet from the floor. SECTION 11-55 RESERVED SECTION 11-56 RESERVED SECTION 11-57 PENALTIES Any person convicted of a violation of any of the provisions of this chapter shall be punished by a City of Oshkosh Chapter 11—Page 21 Municipal Codes City of Oshkosh Municipal Codes Revised 42/09/194 forfeiture of not less than Seventy-five Dollars($75.00)for the first conviction,not less than One Hundred Twenty-five Dollars ($125.00) for the second conviction for violations of any provision of this chapter and not less than Two Hundred Twenty-five Dollars ($225.00)for the third or subsequent conviction for violating any provision of this chapter,nor more than Five Hundred Dollars ($500.00) together with the costs of prosecution and in default of payment thereof by imprisonment for not exceeding sixty(60)days. Each day of violation shall constitute a separate offense. City of Oshkosh Chapter 11—Page 22 Municipal Codes JULY 9, 2019 JULY 23, 2019 19-399 19-436 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: CREATE CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS / TRANSPORTATION UTILITY FEE AND AMENDING PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS / TRANSPORTATION UTILITY AND FEE AND AMENDING PORTIONS OF CHAPTER 14 STORM WATER MANAGEMENT, CHAPTER 24 WASTEWATER SYSTEMS, CHAPTER 25 STREETS AND SIDEWALK AND CHAPTER 28 WATER PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES AND METHODS OF PAYMENT The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 14-3 of the Oshkosh Municipal Code pertaining to Storm Water Management is hereby repealed and recreated to read as follows: SECTION 14-3 CREATION There is hereby established a Storm Water Utility in the City of Oshkosh. The operation of the Storm Water Utility shall be under the supervision of the Director of Public Works. JULY 9, 2019 JULY 23, 2019 19-399 19-436 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 2. That Section 14-3.1 of the Oshkosh Municipal Code pertaining to Storm Water Management is created to read as follows: SECTION 14-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Storm Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend,expand,replace, clean, dredge,repair, conduct,manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a system of storm and surface water management and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, detention basins, streets, roads, ditches and such other facilities as will support a storm water management system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 3. That Section 24-3 of the Oshkosh Municipal Code pertaining to Wastewater Systems is hereby repealed and recreated to read as follows: SECTION 24-3 CREATION There is hereby established a Wastewater Utility in the City of Oshkosh. The operation of the Wastewater Utility shall be under the supervision of the Director of Public Works. JULY 9, 2019 JULY 23, 2019 19-399 19-436 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 4. That Section 24-3.1 of the Oshkosh Municipal Code pertaining to Wastewater Systems is created to read as follows: SECTION 24-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Wastewater Utility,may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a wastewater management system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, sewers and such other facilities as will support the wastewater management system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 5. That the following sections of Chapter 25 of the Oshkosh Municipal Code pertaining to Streets and Sidewalks are hereby repealed: Sections 25-10, 25-11, 25-44, 25-61 and article X of chapter 25 (sections 25-83 through 25-90) SECTION 6. That Section 28-3 of the Oshkosh Municipal Code pertaining to the Water Utility is hereby repealed and recreated to read as follows: JULY 9, 2019 JULY 23, 2019 19-399 19-436 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 28-3 CREATION There is hereby established a Water Utility in the City of Oshkosh. The operation of the Water Utility shall be under the supervision of the Director of Public Works. SECTION 7. That Section 28-3.1 of the Oshkosh Municipal Code pertaining to the Water Utility is created to read as follows: SECTION 28-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS The city, acting through the Water Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, repair, conduct, manage and finance such facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary for a water system and the public health, safety and welfare. These facilities may include, without limitation due to enumeration, surface and underground facilities, water mains, laterals, and such other facilities as will support the water system. The Board of Public Works shall supervise actual construction work, shall report on same to the Common Council and shall follow its instruction. The cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service as provided within Chapter 21 of this Municipal Code. SECTION 8. That Chapter 21 of the Oshkosh Municipal Code pertaining to public construction and services/methods of payment/special charges/special assessments and creating a Transportation Utility and Fee is hereby created to read as shown on the attachment to this ordinance. JULY 9, 2019 JULY 23, 2019 19-399 19-436 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 9. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 10. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #19-436 CREATE CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS/TRANSPORTATION UTILITY AND FEE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL CHARGES / SPECIAL ASSESSMENTS / TRANSPORTATION UTILITY AND FEE) on July 23, 2019. The ordinance amends ordinances pertaining to public construction and special assessments and special charges related to Streets and Sidewalks and the Storm Water, Water and Wastewater Utilities to clarify existing provisions and to reference current State Statutes and to consolidate those provisions into one chapter of the Municipal Code. The ordinance also creates a Transportation Utility for the City of Oshkosh for the purpose of paying costs associated with concrete paving, asphalt paving, construction or reconstruction of driveway aprons, and installation and rehabilitation of sidewalk as an alternative to special assessments for these costs. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236- 5011. CHAPTER 21 PUBLIC CONSTRUCTION AND SERVICES/METHODS OF PAYMENT/SPECIAL CHARGES/ SPECIAL ASSESSMENTS/TRANSPORTATION UTILITY AND FEE The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its residents and business owners through the installation, construction, reconstruction and maintenance of public works and facilities including but not limited to public water services, sanitary sewers and appurtenances, storm sewers and appurtenances, public streets and sidewalk, bike and pedestrian ways, landscaping, street lighting and associated amenities. The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable funding sources for these purposes which may include public financing through bonding or other means, special assessments, special charges and financing through utilities. The City has created and maintains separate utilities for water (chapter 28 of this Municipal Code), wastewater (chapter 24 of this Municipal Code), storm water (Chapter 14 of this Municipal Code) and Transportation (Article III of this Chapter). ARTICLE I. SPECIAL CHARGES SECTION 21-1 SPECIAL CHARGES Special Charges may be imposed against real property for current services rendered by allocating all or part of the cost of the service to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such charge is specifically authorized by a specific provision within this Municipal Code, such provision shall constitute notice of the special charge, except as additional notice may be required by statute or ordinance. ARTICLE II. SPECIAL ASSESSMENTS SECTION 21-2 SPECIAL ASSESSMENTS POLICY The City of Oshkosh "Policy for Special Assessments" as adopted by the Common Council shall be kept on file in the Office of the City Clerk and in the Office of the City Engineer within the Department of Public Works for the City of Oshkosh. Copies of the Policy shall be available for public inspection during usual business hours. SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED (A) In addition to any other methods provided by law, the cost of installing, constructing or maintaining any public work or improvement or providing any current service may be charged in whole or in part to properties benefitting from the installation, construction or maintenance of the public improvements or current service and special assessments may be levied against the properties benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the City's Special Assessment Policy. Any assessments not provided for within the policy or deviations from the provisions of the Special Assessment Policy shall be specifically approved by the Common Council. Upon certification, property owners may pay the assessment in accordance with the following sections. (B) Any special assessment levied under this ordinance shall be a lien against the property assessed from the date of the final resolution determining the amount of the levy. (C) Any person against whose property a special assessment is levied may appeal therefrom in the manner prescribed by Section 66.0703 of the Wisconsin Statutes within forty (40) days of the date of the final resolution. SECTION 21-4 CERTIFICATION ON FINAL ASSESSMENTS / NOTICE OF ELECTION OF INSTALLMENT PAYMENTS (A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in Section 66.0713 of the Wisconsin Statutes. (B) The City Clerk upon certification of the project by the Board of Public Works shall: (1) publish a Class 1 Notice, an Installment Assessment Notice similar to the notice specified in Section 66.0715(7)(e) of the Wisconsin Statutes stating that the City has determined to permit collection of the same in annual installments as specified in this Article and the initial and final resolutions of Council. (2) notify all property owners who are eligible to make an election for payment under the provisions of this Article that they shall have thirty (30) days from the date of the notification to select a payment option. (C) The election to utilize an installment plan as provided in Sections 21-6 through 21- 8 below shall be made in writing by the property owner on forms supplied by the City. SECTION 21-5 PAYMENT IN FULL (A) Assessments of less than five hundred dollars ($500.00) shall be paid in full prior to the next succeeding November 1. (B) For Assessments of five hundred dollars ($500.00) or greater, upon notification by the City Clerk pursuant to Section 21-4 above, an owner may file a notice that the owner elects to pay the special assessments in full prior to the next succeeding November 1 as provided for in Section 66.0715(7)(e) of the Wisconsin Statutes or with the next succeeding tax roll. (C) For those assessments to be paid in full as provided above, the Treasurer shall notify the owner: (1) that the amount is due, (2) that if paid on or before the next succeeding tax roll interest will not be charged, otherwise interest shall accrue at the rate of six (6) percent per year from the date of Certification. SECTION 21-6 TEN-YEAR INSTALLMENT PLAN (A) The provisions for this installment payment plan option shall apply only to assessments Five Hundred Dollars ($500.00) or more. When the City has determined to permit collection of the same in ten annual installments as specified in this Article and the initial and final resolutions of Council, the property owner shall be deemed to accept this plan unless the property owner files with the Clerk an election to pay the special assessments in full as provided in Section 21-5 above. (B) First installment shall include one-tenth (1/10) portion of the principal of the assessment together with interest thereto at the rate of six(6)percent per year from the date of acceptance by the City of such public improvement to the succeeding December 31, providing such acceptance was prior to November of such year, otherwise the interest shall accrue to the next succeeding tax roll. Each subsequent installment shall include a like portion of the principal and one (1) year's interest upon the unpaid portion of such assessment. The City Clerk shall maintain a schedule of all ten (10) year installment assessment plans and the payments made thereon. SECTION 21-7 FIFTEEN-YEAR INSTALLMENT PLAN (A) The provisions for this installment payment plan option shall apply only to assessments One Thousand Dollars ($1,000.00) or more. When the City has determined to permit collection of the same in fifteen annual installments as specified in this Article and the initial and final resolutions of Council, the property owner shall be deemed to accept a ten-year installment plan as provided in Sections 21-5 and 21-6 above unless the property owner files with the Clerk an election to either pay according to a fifteen-year installment plan or pay in full. (B) First installment shall include one-fifteenth (1/15) portion of the principal of the assessment together with interest thereto at the rate of six (6) per cent per year from the date of acceptance by the City of such public improvement to the succeeding December 31, providing such acceptance was prior to November of such year, otherwise the interest shall accrue to the next succeeding tax roll. Each subsequent installment shall include a like portion of the principal and one (1) year's interest upon the unpaid portion of such assessment. The City Clerk shall maintain a schedule of all fifteen (15) year installment assessment plans and the payments made thereon. SECTION 21-8 PRORATED INTEREST After the time for making the election shall have expired, any property owner on an installment basis may pay all remaining installments, or any part thereof, together with interest at the rate of six(6)percent per year through the month of the payment,provided, however, that between November 1 and December 31 of each year the one (1) installment with interest which is placed on the current tax roll must be paid as shown on the tax roll, and the remaining principal installments may be paid without interest. SECTION 21-9 PAYMENT OF HOOK-ON CHARGES (A) Property annexing to the City shall pay a hook-up charge, which is calculated at rates equal to the special assessments previously levied against benefiting properties located within the City limits for public storm sewer, public sanitary sewer main and/or public water main, at such time as the annexation procedure is officially completed. (B) Such charge may be prorated upon request of the property owner as though it were originally under the ten (10) year assessment plan: One-tenth (1/10) of the charge shall be paid for each year after the original assessment to a total of ten (10) and the balance paid annually in one-tenth (1/10) installments with interest at the rate of six (6) percent per year. SECTION 21-10 SPECIAL ASSESSMENTS- DEFERRED PAYMENT The Common Council may by resolution direct the City Treasurer to pay all, or any portion of special assessments or special charges extended upon the current or next tax roll for any property the Council determines shall be eligible for deferment for payment. The Council may provide for annual interest upon any amounts deferred under this provision. ARTICLE III. TRANSPORTATION UTILITY SECTION 21-11 FINDINGS, AUTHORITY AND APPLICABILITY FINDINGS: The City of Oshkosh Common Council finds that the timely reconstruction of City streets to ensure safe and efficient travel throughout the City is a fundamental City responsibility. A structurally sound and well-maintained street system enhances livability, property values and economic vitality of the entire City. In the past, the cost of street reconstruction has been financed, in large part, by levying special assessments against abutting properties on a project by project basis. This localized perspective for street reconstruction arises out of the nature and legal limitations for special assessments. It can result in abutting property owners paying significant sums for benefits to their property and beyond. It can result in significant financial hardship. As a lien on property, the special assessment may limit financing and refinancing opportunities. For these reasons and others, the Common Council finds that a community wide transportation utility fee applicable to all properties on a community wide basis, paid in monthly installments to a specially designated account for street reconstruction is a more equitable and less burdensome approach to financing street reconstruction in the City. In order to protect the health, safety and welfare of the public, the Common Council is exercising its authority to establish a Transportation Utility and set the rates for transportation management services. The City is acting under the authority of Chapters 62 and 66 of the Wisconsin Statutes, and particularly at least the following statutes: §§62.04, 62.11, 66.0621, 66.0807, 66.0809, 66.0811 and 66.0813 Wisconsin Statutes. The provisions of this Article shall apply to all (developed and undeveloped) property located within the City of Oshkosh, including without limitation all property owned by local, state and federal governments, non-profit organizations and all other property whether subject to real property taxes or exempt therefrom. SECTION 21-12 TRANSPORTATION UTILITY There is hereby established a Transportation Utility in the City of Oshkosh. The operation of the Transportation Utility shall be under the day to day management and supervision of the Director of Public Works. The City, acting through the Transportation Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, repair, manage and finance such transportation facilities, operations and activities, as are deemed by the city to be proper and reasonably necessary to provide safe and efficient transportation facilities within the City. These facilities may include, without limitation due to enumeration, concrete paving, asphalt paving, construction or reconstruction of driveway aprons, and installation and rehabilitation of sidewalk. SECTION 21-13 TRANSPORTATION UTILITY FEE ESTABLISHED The Common Council hereby finds that it is reasonable to charge property owners for their share of transportation facilities costs based on their estimated use of and impact to the transportation system. (A) Every Owner of a parcel within the City of Oshkosh shall pay a Transportation Utility Fee. (1) Residential Parcels. Based upon the volume, size and type of vehicle traffic reasonably anticipated for typical residential parcels, residential properties (properties used exclusively for residential purposes including single family homes, duplexes, residential condominiums, and multi-family units) shall be charged a single uniform fee for each dwelling unit located upon the parcel. (2) Commercial, Mixed-Use, Industrial and Institutional Parcels. Considering the volume, size and type of vehicle traffic reasonably anticipated for non- residential parcels and considering the standards of construction necessary for commercial vehicle traffic commercial, mixed-use, industrial and institutional parcels shall be charged a fee based upon the amount of impervious surface located on the parcel which the Common Council finds provides a reasonable correlation to the estimated use of and impact to the transportation system. (3) Undeveloped Parcels. Undeveloped parcels shall be charged a fee based upon the amount of impervious surface located on the parcel which the Common Council finds provides a reasonable correlation to the estimated use of and impact to the transportation system. (B) The Common Council shall determine the annual amount to be funded by the Transportation Utility Fee, and shall by resolution establish the formulas for the calculation of the fee and fee. All fees established pursuant to this Section shall be fair and reasonable. A schedule of current fees shall be maintained and on file in the office of the City Clerk. (C) Special charge or Special Assessment. Separate and in addition to any fees charged under this Article, a special charge or special assessment may be imposed on property that is specially benefited by a particular transportation project or facility. This charge will be developed to reflect the benefits in a particular area that may not be appropriate to allocate to property throughout the city and shall follow the special charge or special assessment processes defined within this Chapter and the relevant provisions of the Wisconsin State Statutes. SECTION 21-14 TRANSPORTATION UTILITY FEE /SEGREGATED FUND (1) Segregated Fund. All fees collected by the city shall be paid into a segregated fund. Such revenues shall only be used for the purposes described within this Article. Any excess of revenues over expenditures in a year will be retained by the Fund for subsequent years' needs. (2) Other Funds. To the extent that the fees collected are insufficient to properly reconstruct or resurface streets, the cost of the same may be paid from such other city funds as may be determined by the Common Council. The Common Council may order reimbursement to such fund as additional fees are thereafter collected. Funds shall not be imposed in amounts greater than that which is necessary, in the judgment of the Common Council, to provide sufficient funds to properly improve streets and related transportation facilities. SECTION 21-15 USE OF FUNDS TO MAINTAIN LOCAL STREETS—EXCLUSIONS The city may use the Funds within the Transportation Utility to repair, replace, construct, reconstruct and/or maintain all accepted local streets within city rights-of-way and city easements. The city may improve other accepted local streets, bicycle and pedestrian facilities, and intersections with county roads or state highways within or adjacent to the city. Local streets to be improved exclude private streets and streets or any other facilities not yet accepted by the city for maintenance. The cost of initial construction of local streets within City right-of-way to serve new developments or subdivisions constructed after the effective date of this article or subject to a developer's agreement approved by the Common Council shall not be funded by the Transportation Utility Fee. SECTION 21-16 COLLECTION OF TRANSPORTATION UTILITY FEES The City Water Utility as staffed and supervised by the Department of Finance is hereby appointed as the collection agency for the Transportation Utility Fee. Sills shall be prepared by the City Water Utility and sent to the owner of each property subject to the fee. The Department of Finance shall allocate the actual cost of billing and collecting. If there is neither city water nor city sewer service to an improved parcel, a monthly bill shall be rendered and shall become due and payable within twenty days of issuance. The Transportation Utility Fee shall not be payable in installments. If charges remain unpaid after a period of 20 days from the date of utility bill, such bill shall become a delinquent special charge, pursuant to §66.0627, Wis. Stats., and shall become a lien as provided in §§66.0809 and 66.0821, Wis. Stats. Said charges shall automatically be extended upon the current or next tax roll as a delinquent tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charges. Unpaid charges shall be assessed a one- percent per month late payment charge to bills not paid within 20 days of issuance. All delinquent special charges shall be subject to a ten percent penalty in addition to all other charges and prior penalties or interest when the delinquent special charge is extended upon the tax roll. SECTION 21-17 NEW DEVELOPMENT/ANNEXATION/ATTACHMENT (A) For new development, the owner shall be liable for the Transportation Utility Fee, under this article, for the improvement from the date of building permit issuance or the date of establishment of impermeable surface for undeveloped parcels. (B) Areas annexed or attached to the city of Oshkosh shall become subject to the Fee on the effective date of annexation or attachment. SECTION 21-18 METHOD OF APPEAL (A) The City of Oshkosh elects not to be subject to the administrative review provisions contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a complete and final review procedure. As a condition precedent to challenging the Transportation Utility Fee, the charge, if due, must be timely paid in full under protest to the City. An appeal can be undertaken only by filing a written appeal with the City Clerk. The written appeal shall specify all grounds for challenge to the amount of the charge and shall state the amount of charge that the appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the Director and/or Board of Public Works of jurisdiction to hear the appeal. (B) Procedure for Appeal. Appeals shall be in writing and filed with the City Clerk and shall specify all grounds for the appeal and shall state the amount of charge that the appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the Board of Public Works and Circuit Court in Certiorari of jurisdiction to hear the appeal. (1) Director of Public Works / Classification of Property or Calculation of Fee. The Director of Public Works shall make determinations regarding adjustments and shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made pertaining to the classification of the property or calculation of the Transportation Utility Fee. Reclassifications and appeals on the basis of alleged errors in the determination of the fee as applied to a specific parcel may be filed at any time,however, once determined no additional request for reclassification or review may be filed for the same parcel unless there has been a significant change from the prior determination. The decision of the Director of Public Works is final except if the property owner appeals the decision to the Board of Public Works by filing a written appeal with the City Clerk no later than thirty (30) calendar days after the date of mailing the decision of the Director of Public Works. (2) Board of Public Works. The Board of Public Works shall hear and decide appeals made on any basis other than an alleged error in the determination of the classification of the property or calculation of the Transportation Utility Fee and shall hear appeals from determinations made by the Director of Public Works under paragraph (1) above. (C) An appeal may be taken within 30 days of any of the following events: (a) The determination of the Director or Board of Public Works as provided in Sections (A) and (B) above (b) The establishment of the Transportation Fee by Resolution of the Common Council each year (c) Splitting, combining, or other substantial change in the size, zoning, or use of a parcel. In considering an appeal, the Board of Public Works shall determine whether the Transportation Utility charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Board shall conduct a formal or informal hearing at such time and place as designated in a hearing notice to the appellant, providing at least five (5) business days' notice to the appellant. The Board shall obtain sufficient facts upon which to make a determination and the decision shall be based upon the evidence presented. The Board shall notify the appellant in writing of the determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing. The decision of the Board of Public Works is final except if the property owner appeals the decision to a court of competent jurisdiction. Such appeal shall be filed no later than thirty (30) calendar days after the date of mailing the decision of the Board. Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely to the record created before the Board. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court. If the result of any appeal is that a refund is due the appellant, the refund will be applied as a credit on the appellant's next utility bill. SECTION 21-19 PLACEMENT OF UNPAID FEES AS A SPECIAL CHARGE ON TAX ROLL In addition to any other method for collection of the Transportation Utility Fee established pursuant to this Article, the Common Council finds that any unpaid portion of the Transportation Utility Fee may be levied on property as a special charge pursuant to Section 66.0627 Wisconsin Statutes. The Transportation Fee established hereunder reasonably reflect the benefits conferred on property and may be assessed as special charges. The mailing of the utility bill to the owner will serve as notice to the owner that failure to pay the charges when due may result in them being charged pursuant to the property as a special charge under the authority granted by Section 66.0627 of the Wisconsin Statutes. In addition, the City may provide notice by publication on the City's website, in the city's official newspaper or otherwise during the month of October of any unpaid charges for the Transportation Utility Fee, which charges, if not paid by November 15, may be placed upon the tax roll under the authority granted by Section 66.0627 of the Wisconsin Statutes. 21-20 SEVERASILITY In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. e• Cify of Oshkosh TO: Honorable Mayor & Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: July 3, 2019 RE: Ordinance Creating Transportation Utility Fee to Replace Special Assessments BACKGROUND For several years, the Council has discussed alternatives to special assessing properties for street improvements. Some of the reasons for considering alternatives to special assessments include the rising costs of street construction expenses and the impact on individual properties that have to absorb large, one-time special assessment charges. Recently, several cities in the region, notably Appleton, Neenah, and Green Bay, have adopted alternative funding sources to eliminate special assessments for the reconstruction of roads. Council asked the Long Range Finance Committee (LRFC) to investigate this issue and develop recommendations if the city were to consider an alternative to special assessments. This review has been ongoing since the LRFC took up the issue in summer 2018. In January 2019, after considering several alternatives, including,but not limited to, making no change to the special assessment policy, a vehicle Registration Fee (aka "Wheel Tax") most recently adopted by the cities of Green Bay and Appleton, and a Transportation Assessment Replacement Fee (TARF) adopted by the city of Neenah, the LRFC recommended a Transportation Utility Fee similar to that adopted by Neenah. Council directed staff to develop a proposed ordinance and fee structure to enact such a fee to replace special assessments as a funding source for street reconstruction projects. ANALYSIS Staff has provided both the Council and LRFC with various analyses of the different approaches to a replacement for special assessments. A matrix comparing the different approaches is attached. The pros and cons to the different approaches are summarized as follows: 2 Special Assessments Pros: • Based on reasonable assumption of benefit to properties. • Well established under state statutes. • Commonly used by municipalities with a long history in Oshkosh. • Assesses costs to both taxable and tax exempt properties. Cons: • Benefit can last much longer than length of individual ownership. • Inflation in construction costs has resulted in larger assessment bills. • City must borrow approximately$1 million annually to finance special assessments. • Properties owners are not able to anticipate and budget for these expenditures. Vehicle Registration Fee Pros: • Historical authority under statutes. • Increasingly being used by cities, most recently to specifically replace special assessments. • Easy to collect via State and annual vehicle registration. • City would not have to borrow$1 million annually to finance special assessments. Cons: • Exempts vehicles>8,000 lbs., so it exempts vehicles that cause the most damage. • Does not collect from users who come from out of the city. • Shifts costs to residents and small businesses. • Institutions with minimal vehicle ownership but large traffic impact will pay little to nothing. • Static amount of revenue dilutes buying power of fee over time. • Elimination of special assessments would apply to projects started after January 1, 2019. Prior special assessments would still apply (similar to other cities). Transportation Utility Fee Pros: • Basis of impervious area is a reasonable surrogate for vehicle impact. • Easy to collect via utility bill. • Fee applicable to both taxable and non-taxable properties. • Cap on maximum fee, minimizes exposure for larger properties. • City would not have to borrow $1 million annually to finance special assessments. • Spreads costs of street improvements over an extended period. • Creates predictable amount for property owners to budget—no surprises. 3 Cons: • Limited use in Wisconsin. • Two pronged approach to fee, although both based on impervious area. • Maximum is per parcel; limited options to maintain fairness and reasonableness. • Elimination of special assessments would apply to projects started after January 1, 2019. Prior special assessments would still apply (similar to other cities). Based on an evaluation of the various pros and cons of the different proposals, the LRFC and staff agreed that a Transportation Utility Fee remains the most reasonable alternative to special assessments. The proposed ordinance creates a new chapter in the Municipal Code (Chapter 21). Articles I and II of the Ordinance would update current provisions of the Code regarding Special Charges and Special Assessments, reflect changes required based on the establishment of the new Transportation Utility, update statutory references, and consolidate provisions pertaining to special charges and special assessments. Article III will create the Transportation Utility, adopt findings to be made by Council that are necessary for the establishment of the fee, and cites relevant provisions in Wisconsin Statutes that give the city authority to establish such a fee, including Sections 62.04, 62.11, 66.0621, 66.0807, 66.0809, 66.0811, and 66.0813. Should the Ordinance be adopted by Council, staff will provide Council with the applicable resolutions to adopt the annual fee, proposed at $4.50 per month/Developed Area Unit (DAU), establish a DAU of 2,817 sq. ft., set a cap of 100 DAUs per parcel, and other provisions that have been previously provided to Council. FISCAL IMPACT As reported to Council in the staff report, the proposed monthly fee of$4.50 will generate approximately $3.25 million in annual revenue. The $3.25 million will enable Council to eliminate the street special assessments for the following costs of street reconstruction, with the corresponding portion of the monthly fee: • Concrete Paving, $1,750,000 ($2.42 of monthly fee) • Asphalt Paving, $400,000 ($0.55) • Driveway Aprons, $250,000 ($0.35) • New Sidewalk, $50,000 ($0.07) • Sidewalk Rehabilitation, $800,000 ($1.11) In addition to eliminating the street reconstruction special assessments to property owners, the City will not have to borrow approximately $1 million annually to finance the special assessments of those property owners who choose to finance repayment of their special assessments through the City. This will allow the city to reduce its own annual borrowing, or allow it to redirect this debt to other capital uses. 4 Upon the creation of this fee, the city will also create a segregated Transportation Utility Fund to manage the revenues and expenditures. This will ensure transparency for the use of all funds so that the proceeds of the fee will go towards their intended purpose. For property owners, the fee replaces special assessments that will occur at some time over the life of their street. This fee effectively serves as insurance for an unknown special assessment(s) that may come up over the years. Additionally, when compared to a large one-time special assessment cost, property owners will discover that the cost of a street special assessment will far exceed the monthly fee over the life of the road improvement. For example, a residential property with an$8,100 street assessment will have to pay the Transportation Fee for 150 years before the fee costs more than the special assessment. A commercial/industrial property with a $216,000 special assessment versus a maximum Transportation Fee of$5,400 annually will have to pay the fee over 40 years before the fee costs more than the special assessment. In both cases, it makes more economic sense for these properties to pay the Transportation Fee rather than be subject to special assessments. RECOMMENDATION Staff and the Long Range Finance Committee recommend the replacement of special assessments with a Transportation Fee as a more reasonable method of having property owners share in the costs of street replacement costs. Respectfully Submitted, Mark Rohloff City Manager Attachment Comparison of Alternatives to Special Assessments as Funding Source for Street Projects Special Vehicle Transportation Assessments Registration Fee Fee $65/vehicle/year $54/DAU/year Raises needed revenue of$3.25 million annually? Yes Yes Yes Out of town students contribute directly/indirectly? Yes No Yes Yes Tenants pay directly/indirectly Yes (if residents) Yes Residents pay directly/indirectly Yes Yes Yes Visitors/customers pay directly/indirectly Yes No Yes Payable by businesses in multiple jurisdictions? Yes No Yes Tax exempt properties pay? Yes No Yes Payable by governmental entities? Yes No Yes Cost less over extended period? No Yes Yes Reduces city borrowing? No Yes Yes Considers impact of large vehicles over 8,000 lbs.? Yes No Yes Easy to collect? No Yes Yes Affordable for residents and small businesses? No Yes Yes Cap for larger properties? No No Yes Spreads costs over an extended period? No Yes Yes Predictable amount? No Yes Yes Considers inflation of construction costs? Yes No Yes Accounts for multiple parcels? Yes Yes No Considers prior special assessments paid? Yes No No Yes Commonly used in WI? Yes (limited) No JULY 23, 2019 19-437 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO CHAPTER 19 SECTION 19-4(T) OF THE CITY OF OSHKOSH MUNICIPAL CODE DEFINING BOWEN STREET FISHING DOCK PARK INITIATED BY: PARKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING 19-4(T) OF THE CITY OF OSHKOSH MUNICIPAL CODE DEFINING BOWEN STREET FISHING DOCK PARK The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 19-4(T) of the Oshkosh Municipal Code defining Bowen Street Fishing Dock is hereby repealed and recreated to read as follows: Section 19-4 (T) No person shall fish or loiter on or in the Bowen Street Fishing Dock Park from ten o'clock (10:00) P.M. to five o'clock (5:00) A.M. The boundaries of the Bowen Street Fishing Dock Park shall include: 1) that part of the Bowen Street public right-of-way from the back of the curb at the most southerly point of the street and extending to the water;and,2)the dock structure extending into the water. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #19-XXX CHAPTER 19 SECTION 19-4(T) DEFINING BOWEN STREET FISHING DOCK PARK(A GENERAL ORDINANCE OF THE CITY OF OSHKOSH 19- 4(T) OF THE CITY OF OSHKOSH MUNICIPAL CODE DEFINING BOWEN STREET FISHING DOCK PARK) on August 13, 2019. The ordinance defines the Bowen Street Fishing Dock Park and establishes hours for the park from 5:00 A.M. to 10 P.M. daily. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920-236-5011. City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Ray Maurer, Parks Director DATE: July 17, 2019 RE: Approve Amendment to Chapter 19 Section 19-4(T) of the City of Oshkosh Municipal Code Defining Bowen Street Fishing Dock Park BACKGROUND With the reconstruction of Bowen Street in this area a few years ago, the dock no longer goes directly off the end of Bowen Street. There is some open green space between the end of the road and the fishing dock. The current ordinance states "No person shall fish or loiter on the Bowen Street Fishing Dock from 10:00 pm to 5:00 am". There have been issues where people have been staying on the open green space past the 10:00 pm closing time stating that they are not on the fishing dock and therefore they do not need to comply with the 10:00 pm closing time. The neighbors of the dock brought this to our attention and requested the ordinance amendment. ANALYSIS By defining the park area as that part of the right-of-way from the back edge of the Bowen Street curb towards the water including the dock extending into the water, the entire area will close at 10:00 pm as was the intent of this ordinance when it was put into place.The Advisory Park Board discussed this amendment at their July 8, 2019 meeting and unanimously recommended approval. FISCAL IMPACT No fiscal impact to the recommended amendment. RECOMMENDATION Staff recommends the Common Council adopt the ordinance which amends Chapter 19 Section 19-4(T) of the City of Oshkosh Municipal Code defining Bowen Street Fishing Dock Park. Respectfully Submitted, Approved: R Ray Maurer Mark A. Rohloff Parks Director City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us JULY 23, 2019 19-438 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: DESIGNATE BIKE LANES & RESTRICT PARKING ON PORTIONS OF NORTH WESTFIELD AND NORTH KOELLER STREETS INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27A- 10.1 AND 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO BICYCLE LANES DESIGNATED AND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 27A-10.1 AND 27A-11 of the Oshkosh Municipal Code pertaining to bicycle lanes designated and parking regulations on designated streets and alleys are hereby amended as follows: 27A-10.1 BICYCLE LANES DESIGNATED Add Thereto: N. Westfield Street,both sides from 137' FROM 137' North of Oshkosh Avenue to N. Koeller Street. Add Thereto: N. Koeller Street, both sides from N. Westfield Street to Rath Lane. 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS NORTH WESTFIELD STREET Add Thereto: No parking, west side, from Oshkosh Avenue to N. Koeller Street. No parking, east side, from Oshkosh Avenue to 137' north. JULY 23, 2019 19-438 ORDINANCE FIRST READING CONT'D NORTH KOELLER STREET Add Thereto: No parking, south side, from Westfield Street to Rath Lane No parking, north side from Rath Lane northeasterly 121' SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #19-XXX (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27A-10.1 AND 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO BICYCLE LANES DESIGNATED AND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS on August 13, 2019. The ordinance designates bike lanes & restricts parking on portions of North Westfield and North Koeller Streets. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. ruby or Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director DATE: July 19, 2019 RE: Designate bike lanes and manage parking on N. Koeller and N. Westfield Streets BACKGROUND The extension of North Koeller and North Westfield Streets presented an opportunity for multi-modal amenities including bike lanes and on-street parking. The road was constructed in conjunction with this and following the Oshkosh Avenue area corridor plan recommendations. ANALYSIS These bike lanes and on street parking are consistent with the visioning for the Oshkosh Avenue corridor and Lakeshore Park area. Parking is allowed on the north side of the street and restricted near intersections and where road width does not allow room. Bike lanes are designated and striped to allow multi-modal access to the area including connecting the Wio- Wash trail and Lakeside Park areas. FISCAL IMPACT The fiscal impact of these ordinances is the cost of signage and striping. The cost will come out of the road construction project budget. RECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A of the Municipal Code pertaining to bike lanes designated and parking regulations on designated streets and alleys. Respectfully Submitted, Approved: Jim Collins, Transportation Director Mark A. Rohloff, City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 1 30 http://www.ci.oshkosh.wi.us JULY 23, 2019 19-439 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE TEMPORARY CLOSURE OF HARRISON STREET FROM NICOLET AVENUE TO EAST PACKER AVENUE INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING A VARIANCE TO SECTION 25-23 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO STREETS TO REMAIN OPEN TO TRAFFIC DURING THE COURSE OF EXCAVATION WORK. WHEREAS, the City of Oshkosh Municipal Code Section 25-23 requires a passageway of not less than ten(10)feet in the travelled portion of the street to remain open on various streets within the City of Oshkosh, including Harrison Street; and WHEREAS,Zillges Materials,Inc.has requested full closure of Harrison Street from Nicolet Avenue to East Packer Avenue for the replacement of water service for Oshkosh Corporation Plant; and WHEREAS, it is necessary therefore to grant a variance from the terms of section 25- 23 for this purpose; and WHEREAS, the anticipated time to complete the work is one (1) week to be completed by September 27, 2019. NOW, THEREFORE the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. Zillges Materials,Inc. is hereby granted a variance from the provisions of Section 25-23 of the City of Oshkosh Municipal Code to close Harrison Street from Nicolet Avenue to East Packer Avenue for the replacement of water service for Oshkosh Corporation Plant subject to the following conditions: JULY 23, 2019 19-439 ORDINANCE FIRST READING CONT'D A. Zillges Materials, Inc. shall provide all necessary and required signage for the closure of the street and detour of traffic. B. Zillges Materials, Inc. shall at least seven (7) days prior to the anticipated closure provide notice to the Department of Public Works and install advance warning signs for motorists. C. Zillges Materials, Inc. shall work with the Police and Fire Departments to minimize the effects of the street closure upon emergency services and the public. D. The Director of Public Works is hereby authorized to approve such closure and detour route,with conditions as he/she may deem necessary, and to take such other action as may be necessary and appropriate in consultation with the Police and Fire Chiefs of the City of Oshkosh to protect the health, safety and welfare of the citizens. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate temporary signage indicating the closure. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #19-XXX APPROVE CLOSURE OF HARRISON STREET FROM NICOLET AVENUE TO EAST PACKER AVENUE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING A VARIANCE TO SECTION 25-23 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO STREETS TO REMAIN OPEN TO TRAFFIC DURING THE COURSE OF EXCAVATION WORK) on August 13, 2019. The ordinance allows the temporary closure of Harrison Street from Nicolet Avenue to East Packer Avenue for the replacement of water service for Oshkosh Corporation Plant. Advance notice of the closure to motorists and installation of signage and detour signage shall be provided during the closure. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920-236-5011. City of W Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach,Engineering Division Manager/City Engineer DATE: July 18,2019 RE: Approve Closure of Harrison Street from Nicolet Avenue to East Packer Avenue BACKGROUND Zillges Materials, Inc. (Zillges) is replacing the water service located within Harrison Street for the Oshkosh Corporation plant located at 2737 Harrison Street. Zillges has requested to close all lanes of traffic on Harrison Street from Nicolet Avenue to East Packer Avenue for a period of one (1) week to complete this work. They plan on working with Oshkosh Corporation and the residents on this stretch to ensure access is maintained. Their request is attached. A detour route will be required to be posted for the duration of the construction. Advanced warning signs will be placed seven(7) days prior to the closure to warn drivers. ANALYSIS City Ordinance No. 25.23 requires Harrison Street to remain open to traffic at all times. The contractor cited worker and general public safety concerns as the basis for the closure request. Based on the location of the water main, construction under traffic will be very difficult. FISCAL IMPACT There are no fiscal impacts to this ordinance. RECOMMENDATIONS I recommend approval of the request to close Harrison Street from Nicolet Avenue to East Packer Avenue for a period of one(1)week with the following conditions: • All work,including restoration,must be completed by September 27,2019. • The contractor shall post a detour route, approved by the Department of Public Works, and post warning signs at least seven(7) days prior to the closure. Approved: Mark A.Rohloff City Manager JG/tlt is\Engineering\Tracy Taylor\Memos to Mayor&Common Council\2019\Memo for Harrison St Closure_7- Page 1 of 1 18-19.docx ram'" ter V% s ANDS('t rh: I I R Pr%Al.1: 1990 West Snell Road Oshkosh,WI 54904 Phone 920.231.1994 Fax 920.231.0017 June 27, 2019 RECEIVED Mr. Justin Gierach City of Oshkosh-DPW JUN 2 fi 2019 215 Church avenue, 3rd Floor DEPTOF PUBLIC WORKS Oshkosh, WI 54903 OSHKOSH, WISCONSIN Reference: Road Closure 2737 Harrison Street. Common Council meeting July 23, 2019. Dear Mr. Gierach, Zillges Materials is requesting a road closure for 2737 Harrison St. This is for the replacement of the watermain located in the street and going to the south corner of the Oshkosh Corporation plant. Harrison Street will need to be closed for a period of 1 week. We are requesting that Harrison Street be closed at Nicolet Avenue to East Packer Avenue. This closure will allow employees to safely stage and execute our work. Thank you in advance for the consideration — please contact me at 920-376-1000 to discuss further as needed. Sincerely, Tim Zillges Zillges Materials Inc JULY 23, 2019 19-440 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF SLACK WOLF/MCFARLANE VOLUNTARY ATTACHMENT; 167 WEST WAUKAU AVENUE INITIATED BY: PATRICIA MCFARLANE A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 14TH WARD OF SAID CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, the City of Oshkosh and Town of Slack Wolf have adopted a Cooperative Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of Administration, that identifies areas within the Town of Slack Wolf as expansion areas to attach to the City of Oshkosh; and WHEREAS, a voluntary attachment petition duly circulated has heretofore been signed by the owners of all the real property within such territory to be attached to the City of Oshkosh from the Town of Slack Wolf; and WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Slack Wolf to the City of Oshkosh; and WHEREAS, the property owners have requested temporary zoning of SR-5, Single Family Residential District; and WHEREAS, the Town Clerk for the Town of Slack wolf has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and WHEREAS, the Town of Slack Wolf has not filed an objection to the attachment with the City. JULY 23, 2019 19-440 ORDINANCE FIRST READING CONT'D NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. The following described territory, pursuant to a duly filed voluntary attachment petition is hereby attached to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 14th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF SLACK WOLF, WINNEBAGO COUNTY, WISCONSIN, SOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 17 NORTH, RANGE 16 EAST; THENCE S89°21'55"E, 447.38 FEET ALONG THE NORTH LINE OF SAID SECTION 1 TO THE POINT OF BEGINNING; THENCE CONTINUING S89021'55"E, 118.52 FEET ALONG SAID NORTH LINE; THENCE S02028'04"W, 548.46 FEET; THENCE N89021'55"W, 118.52 FEET; THENCE N02028'04"E, 548.46 FEET TO THE POINT OF BEGGING. SAID AREA CONTAINS 64,970 SQUARE FEET OR 1.492 ACRES, MORE OR LESS. SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes. SECTION 3. The proper City officials are hereby authorized and directed to comply with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State. SECTION 4. Said property hereinabove described is hereby zoned SR-5, Single Family Residential District; and SECTION 5. This Ordinance shall be in full force and effect on the Sunday after its passage and publication. JULY 23, 2019 19-440 ORDINANCE FIRST READING CONT'D SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #19-440 APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF SLACK WOLF / MCFARLANE VOLUNTARY ATTACHMENT; 167 WEST WAUKAU AVENUE on July 23,2019.The ordinance attaches property at 167 W. Waukau Avenue to the City from Town of Slack Wolf. The full text of the Ordinance may be obtained at the office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. C f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jeffrey Nau, Associate Planner DATE: July 18, 2019 RE: Approve Request to Attach to the City from Town of Black Wolf/MacFarlane Attachment; 167 W. Waukau Avenue BACKGROUND This request involves a single 1.402 acre parcel developed with a single-family dwelling and associated accessory structures at 167 W. Waukau Avenue, approximately 400 feet east of Oregon Street. An additional 0.090 acres is being attached which consists of a 33-foot wide section of the southerly W. Waukau Avenue right-of-way. The petitioner is requesting the attachment to connect to city sanitary sewer due to a failed on- site private sewage system. The property is in the process of being sold and cannot close until this matter is resolved. The petitioner is requesting the Common Council to waive the rules and adopt the attachment on July 23, 2019. ANALYSIS City sanitary sewer and water main is available directly from W. Waukau Avenue. Other City services including police and fire protection will not be an issue as the site is adjacent to the City's corporate limits to the north. The petitioner is requesting a temporary and permanent zoning classification of Single-Family Residential -5 (SR-5) for the property. The existing single-family residential use is permitted within the SR-5 zone district by-right. The City's Comprehensive Land Use Plan 2040 does recommend the subject site for industrial development, however, staff does not envision this area redeveloping in the short-term and recommends assigning a zoning consistent with the existing land use. The proposed attachment is compliant with the terms of the intergovernmental agreement between the City and the Town of Black Wolf, which has been fully implemented with a Cooperative Plan approved by the State of Wisconsin. The Subject site is identified as City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Undetermined City Expansion Area per Exhibit 1 of the Intergovernmental Agreement which allows attachments to the city by unanimous consent. FISCAL IMPACT The city will collect$714.72 for connection charges for water main and sanitary sewer service on W. Waukau Avenue. The property will add approximately $117,300 in assessed value to the City's tax roll. RECOMMENDATION Staff recommends waiving the rules and approve the MacFarlane Voluntary Attachment from the Town of Black Wolf as proposed. Respectfully Submitted, Approved: Z. Jeffrey Nau Mark A. Rohloff Associate Planner City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ❑ l LJ I i ❑ ❑ 1 a O_sH ��C" ►� Qt i L JAI Oshkosh City Limit ------------ o � 0 O I J / Tj Tj ! 1 1� s-I �1 N 1 in = mi J � tin =417 17ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the Printing Date: 7/18/2019 information.Those using the information are responsible for verifying accuracy.For Oshkosh full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI J:\GIS\GIS_Base_Maps\Planning Base Map.mxd User:andreaf SIMM y 4 S' .�SY •3 p '�-.ma's ti`�? 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I | Common Council City of Oshkosh 07-15-2019 1 am requesting that the council waive the rules and adapt annexing my property to the city at your 7- 23-2019 meeting.The property address is 167 W Waukau Ave Oshkosh Wi 54902.The current septic system is not working and will need to be abandoned when we are connected to the city sewer.The home is now vacant but I have a buyer for the property. I would greatly appreciate if this matter could be resolved now. Thank You Pat MacFarlane 920 379-1190 JUL 15 2019 aTY CLERKS OFFICE REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN: WHEREAS,the City of Oshkosh and Town of Black Wolf have adopted a Cooperative Plan as set forth in s. 66.0307,Wis.Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town of Black Wolf as expansion areas for the City of Oshkosh; WHEREAS,the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh from the Town of Black Wolf; WHEREAS,the proposed territory to be attached is located within the designated City Growth Area of the Town of Black Wolf to the City of Oshkosh; WHEREAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is Zero(0) . NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous voluntary attachment,pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Black Wolf, for attachment to the City of Oshkosh,Wisconsin,from the Town of Black Wolf,Winnebago County,Wisconsin,of the real estate hereinafter described as follows: MACFARLANE VOLUNTARY ATTACHMENT ALSO KNOWN AS 167 W.WAUKAU AVENUE,A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1,TOWNSHIP 18 NORTH, RANGE 16 EAST,TOWN OF BLACK WOLF,WINNEBAGO COUNTY WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF SECTION 1,TOWNSHIP 17 NORTH,RANGE 16 EAST; THENCE S89021'55"E,447.38 FEET ALONG THE NORTH LINE OF SAID SECTION 1 TO THE POINT OF BEGINNING; THENCE CONTINUING S89°21'55"E, 118.52 FEET ALONG SAID NORTH LINE; THENCE S02028'04"W, 548.46 FEET; THENCE N89°21'55"W, 118.52 FEET; THENCE NO2°28'04"E,548.46 FEET TO THE POINT OF BEGGING. SAID AREA CONTAINS 64,970 SQUARE FEET OR 1.492 ACRES, MORE OR LESS. That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed and its relation to the municipalities involved. QUALIFICATION DATE (elector and/or NAME POST OFFICE ADDRESS SIGNED property owner) X5 3200 Elk Ridge Dr.Unit F /7 Patricia A.MacFarlane Oshkosh,WI 54904 Owner RECEIVED JUL. 15 2019 CITY CLERX'S OFFICE PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH: WHEREAS the undersigned are electors and/or property owners in the area being sought to be attached to the City of Oshkosh, said area being more particularly described in a certain petition for unanimous attachment to the City of Oshkosh, MacFarlane Voluntary Attachment, and, WHEREAS it is acknowledged by the undersigned that submitting of this petition does not in any matter attempt to make said petition for attachment conditional upon this petition or the action taken by the said Common Council pursuant to this petition. NOW, THEREFORE, the undersigned petition the Common Council of the City of Oshkosh that the ordinance attaching said territory include a provision temporarily and permanently designating the classification for zoning purposes,pursuant to Sec. 66.0217(8) of the Wisconsin Statutes,until the zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes,as follows: Single Family Residential-Zoning District(SR-5) Qualification (elector and/or NAME POST OFFICE ADDRESS DATE SIGNED property owner) 3200 Elk Ridge Dr.Unit F Patricia A.MacFarlane Oshkosh, WI 54904 Owner R€CSIVED JUL IS 2019 JULY 23, 2019 19-441 RESOLUTION CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN FOR FENCING AT 215 CHURCH AVENUE INITIATED BY: OSHKOSH POLICE DEPARTMENT PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for the proposed planned development for fencing at 215 Church Avenue, is consistent with the criteria established in Section 30-387(6) of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan and Specific Implementation Plan for the planned development for fencing at 215 Church Avenue, per the attached, is hereby approved with the following conditions: 1. Base Standard Modification (BSM) to allow for 6' tall fencing within a front yard where code allows a maximum fence height of 4'. City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: July 18, 2019 RE: Approve Specific Implementation Plan for Fencing at 215 Church Avenue (Plan Commission Recommends Approval) BACKGROUND The subject area consists of one parcel approximately 5.62 acres in size and includes both the Oshkosh Police Department building and City Hall. The surrounding area consists of a mixture of institutional, commercial uses and residential uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. ANALYSIS The petitioner is proposing to construct 6' tall decorative metal fencing and gates around the Police Department parking lot in the southwest portion of the lot. The proposed fencing will extend into the front yard area along Algoma Boulevard and Jackson Street and is intended to provide security for police vehicles in the parking lot. The applicant is requesting a Base Standard Modification (BSM) to allow 6' tall fencing within the front yard where code allows a maximum height of 4' for fencing in front yard areas. The BSM for 6' tall fencing in the front yard area is necessary to create a secure parking area. Additionally, the proposed "Montage II" fencing/gates are decorative in style and should not be detrimental to the appearance of the site and should provide for sufficient visibility. No changes are proposed related to storm water management, landscaping improvements or signage. RECOMMENDATION The Plan Commission recommended approval of the General Development Plan and Specific Implementation Plan with a condition at its July 2, 2019 meeting. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Respectfully Submitted, Approved: Mark Lyon Mark A. Rohloff Planning Services Manager City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: PUBLIC HEARING:ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY(I-PD),GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR FENCING AT 215 CHURCH AVENUE Plan Commission meeting of July 2,2019. GENERAL INFORMATION Applicant: Police Department/Department of Community Development Owner: City of Oshkosh Action(s) Requested: The applicant requests a zone change from the existing Institutional District(I) to Institutional District with a Planned Development Overlay(I-PD) and approval for a General Development Plan and Specific Implementation Plan for development of a secure parking area. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from one classification to another but relies on the Comprehensive Plan and good planning principles. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information,Property Location and Type: The subject area consists of one parcel approximately 5.62 acres in size and includes both the Oshkosh Police Department building and City Hall. The surrounding area consists of a mixture of institutional, commercial uses and residential uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. Subject Site Existing Land Use Zoning Government I Adjacent Land Use and Zoning Existing Uses Zoning North Government, Institutional, &Commercial I,I-PD,UMU, &TR-10 PD _..........--....._-....----._.._.__.........._............_.._....._........._._....._...._......_.........._..._...................._..._._..._._.................—.._........._._.................._—....................._.......... ---................................................_.........-........_....._..._........... South Government& Commercial UMU&UMU-UTO -.......------..........._...---........._.........._._..._ ....-------.............._....._......._..........._........._�.--.............--------.................._...................._.........__.—.........................._................__.........__................__.............. East Commercial&Mixed Use UMU _._..... --........................_..........._.........---.._..._._.._..._...__............__.....__..--...................._.._,—_......._...__..................---.._._.......__........._—............................................__...-........................._._........... West Government I I-UTO Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS Use/Site Design The petitioner is proposing to construct 6' tall decorative metal fencing and gates around the Police Department parking lot in the southwest portion of the lot. The proposed fencing will extend into the front yard area along Algoma Blvd. and Jackson St. and is intended to provide security for police vehicles in the parking lot. The applicant is requesting a Base Standard Modification(BSM)to allow 6' tall fencing within the front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to accommodate the requested increase in allowable fence height,the property will need to be rezoned to include a Planned Development Overlay (PD). Staff supports the zone change request to include the Planned Development as it will provide an opportunity to accommodate additional needs for the site as well as the unique layout of the property. Staff is supportive of the BSM for 6' tall fencing in the front yard area as it is necessary to create a secure parking area,which extends into the front yard area along Jackson Street and Algoma Boulevard. Additionally, the proposed "Montage II" fencing/gates are decorative in style and should not be detrimental to the appearance of the site and should provide for sufficient visibility. Storm Water Management/Utilities No changes are proposed related to storm water management. Landscaping No landscaping improvements are proposed as part of this development. Signage No signage is being proposed. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387(C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City's Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) ITEM-Rezone.GDP.SIP 215 Church Ave. 2 (c) The proposed Planned Development project would maintain the desired relationships between land uses,land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e)The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (f) The proposed Planned Development project design does not detract from areas of natural beauty surrounding the site. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i)The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. (j) For Planned Development projects that are proposed to be developed in phases,the applicant can provide a timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed. Staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings listed above and the following condition: 1. Base Standard Modification(BSM) to allow for 6' tall fencing within a front yard where code allows a maximum fence height of 4'. The Plan Commission approved of the rezone, General Development Plan and Specific Implementation Plan as requested with a condition noted. The following is the Plan Commission's discussion on this item. Site Inspections: Report: All commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional District(I) to Institutional District with a Planned Development Overlay(I-PD) and approval for a General Development Plan and Specific Implementation Plan for development of a secure parking area. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The petitioner is proposing to construct 6' tall ITEM-Rezone.GDASIP 215 Church Ave. 3 decorative metal fencing and gates around the Police Department parking lot in the southwest portion of the lot. The proposed fencing will extend into the front yard area along Algoma Blvd. and Jackson St. and is intended to provide security for police vehicles in the parking lot. The applicant is requesting a Base Standard Modification(BSM) to allow 6' tall fencing within the front yard where code allows a maximum height of 4' for fencing in front yard areas. In order to accommodate the requested increase in allowable fence height, the property will need to be rezoned to include a Planned Development Overlay(PD). No changes are proposed related to storm water management, landscaping improvements or signage. Mr. Fcjtik opened up technical questions to staff. Mr. Hinz asked if this were a request for a private entity, wouldn't Plan Commission be asking the applicant to come back in case there were multiple accidents by the access drive. Mr. Lyons said he agrees with Mr.Hinz. He explained this project started in 2013-2015,prior to the ordinance update. He said the city bid out the project a number of times and did not get a bid that was in line for what the project needed. He explained during the latest round of bidding, they did find a contractor that was willing to take on the project at a cost that was effective. He said the new code does not allow the fence that was planned to be built and that is the reason for the request. Mr. Gierach stated the fence was bid out when the city did the underground detention basin in front of City Hall but there was not enough funding. He said there was funding put into the 2017 CIP and now the contractor has time to do the work. Mr. Perry asked what the need for the security is. Mr. Lyons replied the Police Department has identified vandalism issues with some of the vehicles. He said they are looking to reduce the cost of the vandalism that has taken place. Mr. Gierach added there have been several individuals who have jumped on top of police cars and left tacks or nails behind/under the tires. He said this will also secure the employee entrance. He said there have been several occasions where an individual turning themselves in for a serious crime has gone through the employee entrance. He said the fence would help guide the individuals to the appropriate entrance door. Mr. Mitchell asked why the fencing was not a part of the parking lot reconstruction. Mr. Lyons replied a big portion of it was bidding it out to get a price that the city could spend on it. Mr. Gierach explained it was originally included in the parking lot plan in 2013 but there was not enough in the budget. Mr. Lyons added this project has been on the Police Department's radar for a number of years. ITEM-Rezone.GDRSIP 215 Church Ave. 4 Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant There were no public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Propp to adopt the findings and recommendation as stated in the staff report. Conditions: 1. Base Standard Modification (BSM) to allow for 6'tall fencing within a front yard where code allows a maximum fence height of 4'. Seconded by Ford. Mr.Mitchell said walking along Jackson Street, there is no terrace. He said there is a small area between the proposed fence and the street, which has fast moving traffic. He does think it's unfortunate that in planning the parking lot, they did not add more green space between the road and the driveway for the fence. He stated he has some safety concerns with the layout of the parking lot. Mr. Lyons explained the fence could go in the same location today but could only be 4' tall and would not need to go through this process. He said the request is to go from 4' to 6'. Mr.Mitchell asked if there was a setback requirement for fencing. Mr.Lyons replied there is not. He said any residential property or business can put a fence right up to their property line. Motion carried 9-0. ITEM-Rezone.GDP.SIP 215 Church Ave. 5 a w UZF- O 3 z O J aN U g = a v�� F n Z w _d y� �� Z�O O w u m Z N� m a Z N N O UwQs �t=l ' po0y,n>s N E 3a i ~� n O�C7 O U U ivOm� (mil <'vf OSii K � _g Y n m N W� N W I ! / I � �:_:, f r 1 ✓ l F Q� .. i. 14 1v z I S J fj C l! t s ` I - F- `'t \ i t t^�s sr4 y, °l�4 f K>,J` <S'l o \ r^ �'@ \ rr WV ftrl rr t -+-�r f f ? ,A A 1 W, SIRS, too. 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L 3%4'TYPICAL 36"Min. t Footing depth ..3 t�:• ,a tr.r NOTES- Single gate Atrangeinen , 1.)Post size depends on fence height,weight and wind loads. See MONTAGE II"'specifications for post sizing chart. 2.)SeeArneristar gate table for standard out to outs.Custom gate openings available for special out to out/leaf widths. 3.)Additional styles of gate hardware are available on request This could change the Latch&Hinge Clearance. 4.)Third&Forth rail optional. Over all Out to Out O 2"(Hinge Clearance) 3"(Latch Clearance) Aniefistar Standard 2"(Hinge Clearance) Leaf Widths 2� I%'FORERUNNER-Rail See CLIONTAGE II Rail (See Cross-Section on Panel Drawing) ( 8n Post size varies with Height Varies 17 (SeeMONTAGE 11"'Post-Sizing chart) �_ with - _ — Height Varies Gate Upright WaLh 2"x 11 ga. lleiglit ti'only) I"ox 14ga.Picket Standard Heights 3',3%',4%5', 6',T,8' -7 -u F.FflFM , fl J 1 2" II Weld on Box Hinge Nom. L 33/4"TYPICAL ; r. 36"Min. �- Footing depth Double gate Arrangement Values shown are nominal and not to be used for INDUSTRIAL STRENGTH STEEL installation purposes.See product specification for installation requirements. 2xctsoo Title: MONTAGE II GENESIS 2/3/4-RAIL SGL&DBL GATE 1555 N.Mingo DR: RTM SH. lof 1 SCALE: DO NOT SCALE ,�� AMERISTAR° Tulsa,OK 74116 1-888-333-3422 CK: ME Date 6/28/10 REV: b www.ameristarf GATE MOUNTING POSTS POST 13%6" 10/2„ FENCE LINE POST �� 5/2�1 FENCE POST FENCE LINE DETAIL A DETAIL B DETAIL C GATE HEIGHT 71 4811 GATE OPENING 6'THROUGH 30'(6'-8'TALL) VARIES 6'THROUGH 20'(9'-10'TALL) Values shown are nominal and not to be used for installation purposes. See product specification for installation requirements. DETAIL A DETAIL B DETAIL C qVIEW O o 0 ISO VIEW FRONT VIEW SIDE VIEW TOP VIEW TRANSPORT II CANTILEVER GATE SPECIFICATION SUMMARY U.S.A.PATENT NO. 5,136,813 Material:Aluminum(ASTM B221 -6005-T5) Track:Proprietary Fast-Trak Extruded Shape 10 Uprights and Diagonal Braces:2" Square x%4" Security Pales:Proprietary Corrugated Impasse°Shape x%"Thick. Cantilever Gate Hardware:Kit#TGKOD Ameristar's TransPort Ornamental Cantilever Gates are designed to be mounted on posts that are off-set from the fence line. By off-setting the gate posts,the gate will pass between the fence and the mounting posts,keeping it from falling in the event of a track or hardware failure (a requirement of ASTMF2200). 3TSISO Ti"e: TRANSPORT IS STRONGHOLD CANTILEVER GAT 1555 N.Mingo DR: Cl SH. lof 1 ALE SCALE: DO NOT SC Atli �Il AMERISTAR® Tulsa,OK 74116 1-888-333-3422 CK: PB Date 6/28/10 REV: b www.ameristarf REZONE/GDP/SIP 240 ALGOMA BLVD LLC BARBARA YOUNGJDAVID j NESSELER 215 CHURCH AVE 146 ALGOMA BLVD G 1446 W NEW YORK AVE PC:07-02-19 OSHKOSH WI 54901 OSHKOSH WI 54901 EDELSTEIN PROPERTY GROUP LLC FIRST BAPTIST TEMPLE MARK W AREND 1570 DEERFIELD DR 138 CHURCH AVE 210 CHURCH AVE OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54901 NICK A/LISA M JENSEN PORTICO CHURCH INC SANDYS OF OSHKOSH INC 4737 INDIAN BEND RD 302 CHURCH AVE 2100 S KOELLER ST OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54902 SCOTT C/NICOLE L BRAYTON SONRISE MISSION INC WALLACE CHILDREN EDUCATION FUND TRUST 143 CHURCH AVE 222 CHURCH AVE 618 BIRCH ST OSHKOSH WI 54901 OSHKOSH WI 54901 WINNECONNE WI 54986 WINN CTY HISTORICAL&ARCH SOCIETY WINNEBAGO COUNTY COURTHOUSE WIS BELL INC 234 CHURCH AVE PO BOX 2808 722 N BROADWAY ST OSHKOSH WI 54901 OSHKOSH WI 54903 MILWAUKEE WI 53202 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 Page 9 UNION AV .......... 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For full disclaimer please go to Oshkosh Prepared by: City of Oshkosh,WI J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User:minak JULY 23, 2019 19-442 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE TAX INCREMENT DISTRICT NO. 37 PROJECT PLAN; DESIGNATE TAX INCREMENT DISTRICT NO. 37 BOUNDARIES; CREATE TAX INCREMENT DISTRICT NO. 37 AVIATION PLAZA REDEVELOPMENT INITIATED BY: MINESHAFT OSHKOSH, LLC; EXTREME CUSTOMS, LLC; PHOENIX REALTY, LLC; ROGAN'S SHOES, INC. PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the City of Oshkosh (the "City") has determined that use of Tax Incremental Financing is required to promote development and redevelopment within the City; and WHEREAS, Tax Increment District No. 37 (the "District") is proposed to be created by the City as a as district in need of rehabilitation or conservation in accordance with the provisions of Wisconsin Statutes Section 66.1105 (the "Tax Increment Law"); and WHEREAS, a Project Plan for the District has been prepared that includes: a. A statement listing the kind,number and location of all proposed public works or improvements within the District, or to the extent provided in Wisconsin Statutes Sections 66.1105(2)(k) and 66.1105(4)(gm), outside of the District; b. An economic feasibility study; c. A detailed list of estimated project costs; d. A description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations are to be incurred; e. A map showing existing uses and conditions of real property in the District; f. A map showing proposed improvements and uses in the District; g. Proposed changes of zoning ordinances, master plan, map,building codes and City ordinances; h. A list of estimated non-project costs; i. A statement of the proposed plan for relocation of any persons to be displaced; j. A statement indicating how the District promotes the orderly development of the City; JULY 23, 2019 19-442 RESOLUTION CONTD k. An opinion of the City Attorney or of an attorney retained by the City advising that the plan is complete and complies with Wisconsin Statutes Section 66.1105(4)(f); and WHEREAS, prior to its publication, a copy of the notice of public hearing was sent to owners of all property in the proposed district, to the chief executive officers of Winnebago County, the Oshkosh Area School District, and the Fox Valley Technical College District, and any other entities having the power to levy taxes on property located within the District, in accordance with the procedures specified in the Tax Increment Law; and WHEREAS, in accordance with the procedures specified in the Tax Increment Law, the Plan Commission, on July 2, 2019 held a public hearing concerning the project plan and boundaries and proposed creation of the District, providing interested parties a reasonable opportunity to express their views thereon; and WHEREAS, after said public hearing, the Plan Commission designated the boundaries of the District, adopted the Project Plan, and recommended to the Common Council that it create such District and approve the Project Plan. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that: 1. The boundaries of the District shall be named "City of Oshkosh Tax Increment District No. 37, Aviation Plaza Redevelopment", are hereby established as specified in Exhibit A of this Resolution. 2. The District is created effective as of January 1, 2019. 3. The Common Council finds and declares that: (a) Not less than 50% by area of the real property within the District is in need of rehabilitation or conservation work within the of Wisconsin Statutes Section 66.1337(2m)(a). (b) Based upon the finding, as stated in 3(a) above, the District is declared to be a District in need of rehabilitation or conservation based on the identification and classification of the property included within the District. JULY 23, 2019 19-442 RESOLUTION CONTD (c) The improvement of such area is likely to significantly enhance the value of substantially all of the other real property in the District. (d) The equalized value of the taxable property in the District plus the incremental value of all other existing tax incremental districts within the City, does not exceed 12% of the total equalized value of taxable property within the City. (e) The City estimates that 75% of the territory within the District will be devoted to retail business at the end of the District's maximum expenditure period, pursuant to Wisconsin Statutes Section 66.1105(5)(b). (f) The project costs relate directly to promoting rehabilitation or conservation of the area consistent with the purpose for which the District is created. (g) All property within TID #37 was within the City boundaries as of January 1, 2004. 4. The attached Project Plan for "City of Oshkosh Tax Increment District No. 37, Aviation Plaza Redevelopment" is hereby approved, and the City further finds the Plan is feasible and in conformity with the master plan of the City. BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves creation of Tax Incremental Financing District No. 37 Aviation Plaza Redevelopment. "Exhibit A" TID 37 Aviation Plaza Redevelopment Legal Description ALL OF LOTS 1, 2 AND 4 AND PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 5964 RECORDED AS DOCUMENT NUMBER 1410416, WINNEBAGO COUNTY REGISTER OF DEEDS, AND ALL OF CERTIFIED SURVEY MAP NUMBER 3521 RECORDED AS DOCUMENT NUMBER 947777, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S83°25'12"E, 360.32 FEET TO THE NORTHWEST CORNER OF CSM NUMBER 5964 AND POINT OF BEGINNING; THENCE S88039'47"E, 594.16 FEET ALONG THE NORTH LINE OF SAID CSM TO THE NORTHEAST CORNER OF SAID CSM; THENCE S00045'42"W, 74.78 FEET ALONG THE EAST LINE OF SAID CSM; THENCE S04044'31"E, 120.84 FEET ALONG THE EAST LINE OF SAID CSM; THENCE S00045'29"W, 819.98 FEET ALONG THE EAST LINE OF SAID CSM TO THE BEGINNING OF A 300.10-FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE 160.80 FEET ALONG SAID CURVE, THE CHORD OF WHICH BEARS S14035'50.5"E, 158.88 FEET TO THE END OF SAID CURVE; THENCE S36004'57"E, 23.17 FEET ALONG THE EAST LINE OF SAID CSM TO THE SOUTHEAST CORNER OF SAID CSM; THENCE S02017'55"W, 129.23 FEET ALONG THE EAST LINE OF SAID CSM; THENCE S53016'41"W, 386.97 FEET ALONG THE SOUTHEASTERLY LOT LINE OF SAID CSM; THENCE S59057'12"W, 302.59 FEET ALONG THE SOUTHEASTERLY LINE OF SAID CSM NUMBER 5964 AND CSM NUMBER 3521 TO THE SOUTHERLY CORNER OF SAID CSM 3521; THENCE N35043'30"W, 280.40 FEET ALONG THE WESTERLY LINES OF SAID CSM NUMBERS 3521 AND 5964; THENCE N12019'25"W, 253.44 FEET ALONG THE WEST LINE OF SAID CSM NUMBER 5964; THENCE N04014'54"W, 469.67 FEET ALONG THE WEST LINE OF SAID CSM NUMBER 5964; THENCE N00047'22"E, 40.34 FEET ALONG THE WEST LINE OF SAID CSM NUMBER 5964 TO THE BEGINNING OF RIGHT-OF-WAY COURSE PER WISCONSIN DEPARTMENT OF TRANSPORTATION PROJECT PLAT NUMBER 1120- 10-21 RECORDED AS DOCUMENT NUMBER 1493434, WINNEBAGO COUNTY REGISTER OF DEEDS,BEING POINT PRW284 ON SAID PLAT; THENCE N11045'09"E, 117.14 FEET ALONG SAID RIGHT-OF-WAY TO POINT PRW285; THENCE N10010'25"W, 117.14 FEET ALONG SAID RIGHT-OF-WAY TO POINT PRW286 ALSO BEING A POINT ON THE WEST LINE OF SAID CSM NUMBER 5964; THENCE N00047'22"E, 156.47 FEET ALONG SAID WEST LINE; THENCE N27026'46"E, 386.58' ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,157,703 SQUARE FEET OR 26.577 ACRES, MORE OR LESS. of Tax Incremierl Distdict #37 n4 Aviation Plaza Redeve llopme nit (2 IF w i3 Plarcel Identification hkosh eHasps pmool FotofA Map 0WOOF LoCal Addiem 6orwd volum, llffirjfov� 904d Value, Equinhaod Clcm Doloillho c 10#14119 vdwo t Llb—� U I .. ........................................ ................................................. i D Et SOAU FD I Fl7v—��Ali] $7,21110X) ll� :I�;14 —7���� ,2 Plo F), 3 :SmKA41()I''23-1104"w"Alo 5 ONOXW) 1, 6' M) $1"W"625, 0 ------------------- 'A —0 11 F,(� IV,4 I 17"1�l I'll�3311 77—RiJ w 3 77 s�i 6741wo s 17x,7757 7F F ---------- ------ ,--t—--1 "T '!�500) P11 101 hil X K,r M TY�1(7, 44d ji, 4 UPR V 5 I C S 1"Cifilll FR M b2tYK) 61�2, M K f) Z)T;Tl-w.[73,414,'.XXI C6,n 1,mfo $6AV?4) ............... -4 ............................... 20TWuur luuuuuuuuuuuuuuuuuuuu uuuuuuuuuu�l�l uul uul uullVul _...w A, ............ ............. g z m .................... MEN ............... Eg" 00, it 21, uuuuuu VI uwuuuuuuuuuuuuuuuuuuuuuuuugllllllll 00 AV j�� Yl IIII�I�II%iiri/!rv//%/�/" ...,l 7A� i%'i� I��rl "il�"'°�ly �V�, „�'✓'� „ 3, / � � V3-23 f0040 ............. 3-'123?0-040.2 Legend TO #37 5,cwndoury .r t.......... ................... ............. j I ID Iwll 3.7 �livuhqaii C i y � Ca's ca,s Pliiei.Dwe,�;l by Ip 1hrk:Irs V ai ge 9 Jifly ", 1,019 Apr Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: July 18, 2019 RE: Approve Tax Increment District No. 37 Project Plan; Designate Tax Increment District No. 37 Boundaries; Create Tax Increment District No. 37 Aviation Plaza (Plan Commission Recommends Approval) BACKGROUND Tax Incremental District No. 37 (the "TID" or "District") is a proposed 27 acre area in need of rehabilitation or conservation located in the vicinity of the W. South Park Ave. and S. Koeller Street and abutting Interstate 41. The proposed district is comprised of five parcels owned by the applicants and contain approximately 117,000 sq. ft. of retail space with Rogan's Shoes as the only current occupant following the closure of the J.C. Penny Store in 2015. The former Walmart store was demolished in 2007. The City anticipates making total expenditures of approximately $4.84 million to undertake projects identified in the Project Plan. Project costs include an estimated $1.89 million in "pay as you go" development incentives (principal and interest), $2.75 million for additional public infrastructure improvements and an estimated $200,000 in administrative costs. The Project Plan includes a statement listing the kind, number and location of proposed improvements which starts on page 14. It contains an economic feasibility study, a detailed list of estimated project costs and timing of those costs as well as a method of financing starting on page 18. ANALYSIS The City is projecting that new land and improvements value of approximately $12.4 million will result from redevelopment activity within the District. These key assumptions are identified in Section 10 of the Plan starting on page 20. The"expected" improvements will occur on the five parcels located in the district and will entail the following: Use The developers are proposing a mixture of commercial and office uses. The developments are further described below as Extreme Customs, Mineshaft and Rogan's Shoes. Table 1 on page 21 shows the development assumptions when values will be added to each of the sites. The developers are anticipating being able to fully develop the district by sometime in 2020. Extreme Customs The petitioner is proposing to redevelop the existing 62,435 sq. ft. commercial structure to accommodate a new location for Extreme Customs. Extreme Customs is presently located at 3420 Jackson Street and has outgrown that location. Extreme Customs is an automotive customization company specializing in aftermarket tires and wheels. They also offer accessories for all types of trucks and cars. The business is a mixture of online sales and walk-in business. The owner believes relocating to this area will aid in increasing his walk-in business via increased visibility, while providing the additional space needed for the growing online side of the business. The applicant plans to renovate the existing building to include a retail showroom, office space, vehicle service space and warehouse space. In conjunction with the interior renovation the applicant will also be upgrading the building exterior to include a new front façade, customer entrance and updating the overall façade. The applicant will also be making improvements to their water, sewer and storm water infrastructure to bring the site into compliance with current code requirements. Mineshaft The applicant is proposing to construct a 34,423 sq. ft. building, which would include a restaurant, tavern and entertainment area. The applicant identifies an additional 30,000 sq. ft. for potential expansion. Standard hours of operation would be 6 am to 2 am daily with certain aspects of the business having shorter hours of operation. The applicant anticipates approximately 50 full-time and 50 part-time employees. The site also includes a 19,449 sq. ft. vacant retail space. The applicant is not proposing any changes to that space. The applicant will also be making improvements to their parking lot, landscaping, water, sewer and storm water infrastructure to bring the site into compliance with current code requirements. Rogan s Shoes The applicant will be making improvements to their water, sewer and storm water infrastructure to bring the site into compliance with current code requirements. Based on the Municipal Revenue Obligation (MRO) for the development incentive identified on Table 3 on Page 24 of the Plan, the district is anticipated to pay off costs by 2036 at which time the city could potentially terminate, which would be 16 years. If necessary, the district would be permitted to remain open for up to the statutorily allowed 27 years. At that point the full value of the properties would be added back to the overall tax rolls which current estimate is $15.5 million in improvement value alone. This payoff date could change based on potential City Hall •215 Church Avenue • P.O.Box 1130 •Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us changes in assessed value of the site. Additionally, should additional project expenditures be undertaken this may adjust the anticipated termination date of the district. Type of District The District is being created as an area "in need of rehabilitation or conservation" within the meaning of Wis. Stat. 66.1337 (2m)(a) based on a finding that over 50% of the area is need of rehabilitation. The parcels identified as "in need of rehabilitation or conservation" are shown on the Existing Conditions map on page 11 of the plan. The subject properties contained aged infrastructure which do not conform to current code requirements and are in need of rehabilitation to be bought into compliance before any redevelopment can take place. The proposed Plan is in general conformance with the City of Oshkosh's Comprehensive Plan identifying the area as appropriate for Interstate Commercial development. Interstate Commercial land use's intent is to allow "intense commercial and retail uses generally located along primary highway corridors and intersections". The development is also consistent with the City Center Corridor Plan for South Park Avenue, which identifies the area as Site B1 and recommends the site as a location the city should focus redevelopment efforts to improve the character of the gateway and act as a catalyst for further development. FISCAL IMPACT The applicant is requesting approximately $1.89 million in "pay-as-you-go" development incentive to make the project economically viable. The payments would only be made under the terms of a development agreement and when developed per that agreement and property taxes are paid. RECOMMENDATION The Plan Commission recommended approval of Tax Increment District No.37 Project Plan and the designation of the boundaries at its July 2, 2019 meeting. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager City Hall • 215 Church Avenue • P.O.Box 1130 •Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us Ni...11.11.1111111111111111111L '\‘ r\l' ,./ , , \r 4( ( A 7 r-- alp_ i ■ ) li, ilk< .r----- 1 . 1ff F.---- —1 I I \ ---- 2 de a w-201.H-AV _, SUBJECT ` Flip. i SITE �s.*e '!.*4♦ , '� \dk . . LI Ill \ LU •♦ ♦♦♦♦♦ s Ca '• Q N 10� f E :r_ . 5i- �L\N!ND AV _ 1A 00 0;..,- alp ♦♦♦♦ tI ,-,IL...)i.--:,:411 / ,s t, 44 tt Lin:Ysr• \ 2\ "rir 1`.19, 7 r]\/.1r J� iDi`i r1,,r1 N 1in=0.07mi 1 in=350ft #011111 City of Oshkosh maps and data are intended to be used for general identification purposes only,and City the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of iir information are responsible for verifying accuracy. For full disclaimer Printing Date:6117l2019 Oshkost_ p fyi gplease go to J r 1 www.a.oshkosh.wi.usiGlSdisdaimer Prepared by:City of Oshkosh,WI J:\GIS'FlanningiPlan Commission Site Plan Map Template'!Plan Commission Site Plan Map Template.mxd P a "mjcwk ITEM: PUBLIC HEARING: PROPOSED CREATION OF TAX INCREMENT FINANCING DISTRICT NO.37 AVIATION PLAZA REDEVELOPMENT PROJECT;DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN Plan Commission meeting of July 2, 2019. Prior to taking action on proposed Tax Increment District(TID) No. 37 and the designation of boundaries for said TID, the Plan Commission is to hold a public hearing and take comments concerning proposed creation of TID No. 37. The public hearing is required as part of the formal review process the City must follow in the creation of any tax incremental financing district or amendment thereto. GENERAL INFORMATION Applicants/Owners: Mineshaft Oshkosh LLC Extreme Customs LLC (Currently owned by Phoenix Realty LLC) Rogan's Shoes Inc. GENERAL DESCRIPTION/BACKGROUND Please see attached TID No. 37 Project Plan for more detailed information. Tax Incremental District No. 37 (the "TID" or "District") is a proposed 27 acre in need of rehabilitation or conservation district located in the vicinity of the W. South Park Ave. and S. Koeller Street and abutting Interstate 41. The proposed district is comprised of five parcels owned by the applicants and contain approximately 117,000 sq.ft. of retail space with Rogan's Shoes as the only current occupant following the closure of the J.C. Penny Store in 2015. The former Walmart store was demolished in 2007. The City anticipates making total expenditures of approximately$4.84 million to undertake project identified in the Project Plan. Project costs include an estimated$1.89 million in"pay as you go" development incentives (principal and interest), $2.75 million for additional public infrastructure improvements and an estimated$200,000 in administrative costs. The Project Plan includes a statement listing the kind,number and location of proposed improvements which starts on page 14. It contains an economic feasibility study, a detailed list of estimated project costs and timing of those costs as well as a method of financing starting on page 18. ANALYSIS The City is projecting that new land and improvements value of approximately$12.4 million will result from redevelopment activity within the District. These key assumptions are identified in Section 10 of the Plan starting on page 20. The "expected" improvements will occur on the five parcels located in the district and will entail the following: Use The developers are proposing a mixture of commercial and office uses. The developments are further described below as Extreme Customs, Mineshaft and Rogan's Shoes. Table 1 on page 21 shows the development assumptions when values will be added to each of the sites. The developers are anticipating being able to fully develop the district by sometime in 2020. Extreme Customs The petitioner is proposing to redevelop the existing 62,435 sq. ft. commercial structure to accommodate a new location for Extreme Customs. Extreme Customs is presently located at 3420 Jackson Street and has outgrown that location. Extreme Customs is an automotive customization company specializing in aftermarket tires and wheels. They also offer accessories for all types of trucks and cars. The business is a mixture of online sales and walk-in business. The owner believes relocating to this area will aid in increasing his walk-in business via increased visibility, while providing the additional space needed for the growing online side of the business. The applicant plans to renovate the existing building to include a retail showroom, office space, vehicle service space and warehouse space. In conjunction with the interior renovation the applicant will also be upgrading the building exterior to include a new front fagade, customer entrance and updating the overall fagade. The applicant will also be making improvements to their water, sewer and storm water infrastructure to bring the site into compliance with current code requirements. Mineshaft The applicant is proposing to construct a 34,423 sq. ft.building, which would include a restaurant, tavern and entertainment area. The applicant identifies an additional 30,000 sq. ft. for potential expansion. Standard hours of operation would be 6 am to 2 am daily with certain aspects of the business having shorter hours of operation. The applicant anticipates approximately 50 full-time and 50 part-time employees. The site also includes a 19,449 sq. ft. vacant retail space. The applicant is not proposing any changes to that space. The applicant will also be making improvements to their parking lot, landscaping, water, sewer and storm water infrastructure to bring the site into compliance with current code requirements. Rogan s Shoes The applicant will be making improvements to their water, sewer and storm water infrastructure to bring the site into compliance with current code requirements. District Life Based on the Municipal Revenue Obligation(MRO) for the development incentive identified on Table 3 on Page 24 of the Plan, the district is anticipated to pay off costs by 2036 at which time the city could potentially terminate, which would be 16 years. If necessary, the district would be permitted to remain open for up to the statutorily allowed 27 years. At that point the full value of the properties would be added back to the overall tax rolls which current estimate is$15.5 million in improvement value alone. This payoff date could change based on potential Item:Creation of TID W Aviation Plaza Redevelopment Project changes in assessed value of the site. Additionally, should additional project expenditures be undertaken this may adjust the anticipated termination date of the district. Type of District The District is being created as an area "in need of rehabilitation or conservation" within the meaning of Wis. Stat. 66.1337(2m)(a)based on a finding that over 50% of the area is need of rehabilitation. The parcels identified as "in need of rehabilitation or conservation" are shown on the Existing Conditions map on page 11 of the plan. The subject properties contained aged infrastructure which do not conform to current code requirements and are in need of rehabilitation to be bought into compliance before any redevelopment can take place. Consistency with Plans The proposed Plan is in general conformance with the City of Oshkosh's Comprehensive Plan identifying the area as appropriate for Interstate Commercial development. Interstate Commercial land use's intent is to allow "intense commercial and retail uses generally located along primary highway corridors and intersections". The development is also consistent with the City Center Corridor Plan for South Park Avenue, which identifies the area as Site B1 and recommends the site as a location the city should focus redevelopment efforts to improve the character of the gateway and act as a catalyst for further development. RECOMMENDATIONS/CONDITIONS Staff recommends approval of the Project Plan and Boundaries for TID #37 as proposed. The Plan Commission approved of the Project Plan and Boundaries for TID #37 as requested. The following is the Plan Commission's discussion on this item. Site Inspections Report: Mr. Fojtik and Mr.Hinz reported visiting the site. Staff report accepted as part of the record. Tax Incremental District No. 37(the "TID" or"District")is a proposed 27 acre in need of rehabilitation or conservation district located in the vicinity of the W. South Park Ave. and S. Koeller Street and abutting Interstate 41. The proposed district is comprised of five parcels owned by the applicants and contain approximately 117,000 sq. ft. of retail space with Rogan's Shoes as the only current occupant following the closure of the J.C. Penny Store in 2015. The former Walmart store was demolished in 2007. Mr. Lyons presented the item and discussed the purpose of the proposed TID creation. The City anticipates making total expenditures of approximately$4.84 million to undertake project identified in the Project Plan. Project costs include an estimated$1.89 million in "pay as you go" development incentives (principal and interest), $2.75 million for additional public infrastructure improvements and an estimated$200,000 in administrative costs. The City is projecting that new land and improvements value of approximately$12.4 million will result from redevelopment activity within the District. The "expected"improvements will occur on the five parcels located in the district. The developers are proposing a mixture of commercial Item:Creation of TID#37 Aviation Plaza Redevelopment Project and office uses. The developments are Extreme Customs, Mineshaft and Rogan's Shoes. The developers are anticipating being able to fully develop the district by sometime in 2020. The proposed Plan is in general conformance with the City of Oshkosh's Comprehensive and the City Center Corridor Plan for South Park Avenue. Mr. Fojtik opened up technical questions to staff. Mr. Hinz asked if the TIF would include any potential developments on the east side of the property. Mr. Lyons explained the TID does account for full reconstruction of the entire area. He said the storm water and utilities are being accounted for if outlot development should take place. He said the storm water management plan is already being sized to be able to accommodate that. He stated they are trying to be forward thinking in this TID. Mr. Fojtik asked Mr. Lyons to talk about the aviation component of the project and how it limits developments. Mr. Lyons showed the area of the Airport Zoning Overlay which covers most of the proposed area. He explained the overlay does not permit anything that is deemed an assembly use (hotel, restaurant,etc.). Mr. Fojtik commented any place a plane may crash. Mr. Lyons replied correct. Mr. Mitchell said it states that part of the basis for the request is that city does not have funds available to pay for the cost to rehabilitate the public infrastructure. He asked if the city did not maintain or have a revenue source for updating its' own public infrastructure. Mr. Lyons explained the public infrastructure is on the private side. He said the Public Service Commission(PSC) requires an independent waterline to each building. Ms. Nieforth clarified the city's water main is in the right-of-way. She reiterated that PSC requires a private parcel owner to have a lateral off of the city's water main to their site. She explained that is where the city does not have funds, to connect off the water main into the site. Mr. Mitchell said it states public infrastructure but it is really privately owned. Todd Taves (Senior Municipal Advisor, Ehlers), said the site has been sitting idle for an extended period of time. He explained the things that have to be done to allow for this site to develop is costly and reconstructing always costs more. He stated it has been determined that to make the project economically viable for the property owners/developers,using the TIF money to address the site conditions that are in impairment is necessary for the site to move forward. He stated it is a combination of the utility cost but also private and public costs in order to make the site attractive. Item:Creation of TID#37 Aviation Plaza Redevelopment Project Mr. Ford asked for confirmation that the Mineshaft would cost$16 million but could only get$8 million from the bank. He asked if the Mineshaft would have to put up the rest of the money themselves without the TIF district. Ms. Nieforth said the city made an effort, applied for a WDC grant and was granted$500,000. She said they are trying to lower the TIF assistance amount. She explained the applicants are asking for TIF assistance for under ten years which is a goal that Council does have in the TIF policy. She stated the applicants are trying to meet all the goals that Council has set forth. Mr. Ford asked if there is any type of sensitivity analysis. He said just looking at the revenues, they have a 10 million dollar stream with a range of$7 to$13 million. He said he is just curious if there is anything the city looks at with what the impact would be if it were on the lower end of the range. Mr. Taves replied one of the techniques that the city has used is the concept of pay as you go. He explained rather than the city fronting the money, the developers provide the money and would be reimbursed. He said the impact if there was less value is that the developer would be reimbursed for a longer time which would increase the life of the district. He said it would not cost the city to be out any funds. He said the other thing it would do is to the extent that there are additional infrastructure needs down the road,which is being shown as being cash funded out of the TID after the reimbursements are made to the developer, it would either reduce or delay the ability of the city to access those monies for those types of projects. Mr. Ford said the main risk to him from a land use decision is that this is for a 35,000 sq. ft. building they are funding via this TIF. He questioned what would happen if the business was not successful. Ms. Nieforth replied if the building went out of business in two years, the city would still have an updated public infrastructure installed already,laterals installed to each site that would meet code and a storm water facility that would help with the Stringham Creek watershed area. She said there would still be some value to the site though it would not be at its fullest potential but the city could still capture increment to fulfil TIF obligations. Mr.Mitchell said it is his first time going through one of these. He said during his research,he found that TIFs can create a shadow fund. He asked what kind of oversight does the city have and who determines the distribution. Mr. Taves replied when the city creates a Tax Increment District, it has to create a special fund typically a special revenue fund. He explained more about the special revenue fund. He said the city's financial statements are audited annually to include those in the Tax Increment Districts. He stated there is also a Joint Review Board involved in this process consisting of members from each taxing jurisdictions. He said one of the requirements for the TIF statue is that a report must be filed annually with the Department of Revenue that accounts for all the revenues and expenditures. The Joint Review Board also meets annually to review the reports for each of the outstanding Tax Increment Districts of the city. Item:Creation of TID 937 Aviation Pla a Redevelopment Project Mr. Mitchell asked who outlines what the funds are used for. Mr. Taves explained the plan is intended to be the framework for making expenditures but the fact that it is in a Tax Increment District does not change what the Council would otherwise be required to approve. He said all the expenditures go through the same process as any other city expenditure. Mr. Fojtik opened up the public hearing. f ason White, 1204 Fairfax Street, said he is with GOEDC and sent a letter this afternoon. He stated the letter confirms support of the TID. He explained how he got directly involved when he met Tyler from Extreme Customs in 2018 and helped identify a new location for Extreme Customs. He explained the process of planning and getting the approval through the city for the site. He believes the TIF needs to go hand in hand with the developments. He said the costs Tyler would incur to stay at the site with aging infrastructure is not possible for them to finance without the TIF. He stated they do believe this does enhance the corridor and improves the city as a whole. He reiterated this cannot happen without the Tax Increment District. Tom Masters, 22 N. Main Street in Hartford, said he is the owner of the Mineshaft in Hartford and also owns The Fox and Hound in the Holy Hill area. He wanted to address the viability of the restaurant. He said he has been at the Mineshaft for 44 years. He stated they have never had a bad year or a slow year. He explained it is not a bar or club and the entertainment area is a gaming area. He stated he has been at the other restaurant for 17 years and both his restaurants are doing really good. Tim Hess, 2645 Templeton Place,said he was involved in some of the analytics portions. He said the range of$7 to$13 million does mean there is substantial risks. He said they are trying to make it so the developers do not have to bring in a huge amount of money which is hard to do when it is this sort of facility. He pointed out the owners of the properties and a contractor are present to answer any questions. Mr. Fojtik closed the public hearing. Motion by Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Mr. Fojtik asked if there was any discussion about the motion. Mr. Mitchell stated it lists there are 4.6 million dollars for public infrastructure overall. He asked what percent of public infrastructure is being paid for by the city. Mr. Lyons replied the public infrastructure cost is$2.75 million which is public infrastructure cost after development incentives have been paid to the developer. Item:Creation of TID#37 Aviation Plaza Redevelopment Project Mr. Mitchell explained where he was adding his numbers from. He said he is trying to understand the total infrastructure cost and how much the city is paying for. Ms. Nieforth said it almost has to be broken up into two. She explained there are items the developers have to do to get the development ready which will be in the cash flow sheet. She said those costs will be taken care of at the beginning and then there are other cost the city has identified such as certain public infrastructure cost that benefit the district. She explained the TIF money can't be used for other projects that would not benefit the district directly. She reiterated the$2.75 million is the cost after the TIF assistance obligation is complete. She said they made sure there are adequate funds for the Stringham Creek watershed issues and connecting the district to other areas on the west side of 41. Mr.Mitchell said his understanding is that financial support is very important in providing for these public infrastructures just like in residential areas. He asked if the city is paying for all the public infrastructure or if they are sharing the cost with the property owners. Ms. Nieforth replied there are some costs that are identified on the site that are required to get the site in compliance that the city did not include in the TIF plan. She said the owners will be required to pay those costs. She reiterated this is a pay as you go and the developers would pay for the cost up front. She stated there are costs that would be paid by the property owners that would not be TIF funded. Mr. Mitchell asked for a rough estimate of percentage the city is paying for regarding the public infrastructure. Ms. Nieforth said without looking at the numbers that they did not include in the TIF plan, she would not feel comfortable giving a percentage. She stated there is a substantial amount that was not included. Mr. Lyons commented the developers are trying to stay under ten year which is a benchmark set by Council. He explained when Council looks at TIFs, they really like things that cash flow under ten years. He said the applicant,in looking at the numbers, only asked enough to stay under that ten year window. Ms. Nieforth asked Mr.Hess what the total TIF request was to the total investment. Mr. Hess replied$1.7 million is 7.4% of the overall investment. Mr. Ford said he wants to ensure that Plan Commission is doing its due diligence and thanked staff for answering his questions. Ms. Nieforth said it is something the city does when it is working the Ehlers. She said there is a market analysis that the city requires as part of the submittal to ensure the city can meet the TIF obligations should something happen. Item:Creation of TID#37 Aviation Pla.a Redevelopment Project Mr. Hinz said typically Oshkosh has not been friendly to restaurants that wants TIFs. He said there have been two that have come through with multi-use developments. He stated the Mineshaft is going to dominate this property as far as what people think of when they think about the property. He said the overlay is going prevent another restaurant coming into the space. He stated this is exactly why we have TIFs because this is a gateway to the city. He said this area has been up for discussion for the last ten years. He commended everyone for working on this. Mr. Fojtik said this gives a chance to correct some mistakes from the original development in terms of building layout. He said given the long time the area has sat and the aviation overlay restrictions,he feels this is an appropriate step. Motion carried 9-0. Item:Creation of TID#37 Aviation Pla-za Redevelopment Project TIF NO.37 AVIATION ALDI INC CORP AVIATION RESTAURANT PC:07-02-19 PO BOX 460049 DEPT 501 2100 S KOELLER ST HOUSTON TX 77056 OSHKOSH WI 54902 GARVENS PROPERTY HOLDINGS LLC JAMES F/MARCIE E MCDEVITT REV TRUST MASTERS OSHKOSH LLC 5363 LEONARD POINT RD 333513TH ST 22 N MAIN ST OMRO WI 54963 KENOSHA WI 53144 HARTFORD WI 53027 MP DEVELOPMENT 6 LLC PHOENIX REALTY LLC REALTY INCOME PROPERTIES 6 LLC 601 OREGON ST B 401 E KILBOURN AVE STE 201 11995 EL CAMINO REAL STE 101 OSHKOSH WI 54902 MILWAUKEE WI 53202 SAN DIEGO CA 92130 ROGAN STORES OSHKOSH LLC 1935 KOELLER LLC EXTREME CUSTOMS 1750 OHIO ST 691 S GREEN BAY RD 208 3420 JACKSON ST.SUITE A RACINE WI 53405 NEENAH WI 54956 OSHKOSH,WI 54901 Page 5 g'%' EHLERS 0 LEADERS IN PUBLIC FINANCE July 2, 2019 Project Plan for the Creation of Tax Incremental District No. 37 (Aviation Plaza Redevelopment) .n 4VV Oshkosh Organizational Joint Review Board Meeting: June 28, 2019 Public Hearing: July 2,2019 Approval by Plan Commission: July 2, 2019 Adoption by Common Council: Scheduled for July 23, 2019 Approval by the Joint Review Board: Scheduled for July 24, 2019 BUILDING COMMUNITIES, IT'S WHAT WE DO. IrrfaQ*hIam-IncAom 1(000)5521171 is www.ohlers-Ina.com Tax Incremental District No. 37 Creation Project Plan City of Oshkosh Officials Common Council Lori Palmeri Mayor Steve Herman Deputy Mayor Debra L.Allison-Aasby Council Member Jake Krause Council Member William Miller Council Member Matt Mugerauer Council Member Bob Poeschl Council Member City Staff Mark Rohloff City Manager Allen Davis Community Development Director Lynn Lorenson City Attorney Mark Lyons Acting Planning Manager Kelly Nieforth Economic Development Services Manager Trena Larson Finance Director Pamela Ubrig City Clerk Plan Commission Thomas Fojtik,Chair John Kiefer Kathleen Propp,Vice-Chair Justin Mitchell Lynnsey Erickson Lori Palmeri,Mayor Mike Ford Thomas Perry Derek Groth John Hinz Joint Review Board Mark Rohloff, City Manager City Representative Mark Harris, County Executive Winnebago County Amy Van Straten,Chief Financial Officer Fox Valley Technical College District Barbara Herzog, School Board President Oshkosh School District Burk Tower Public Member E--m^W - 1-800-552-1171 1 www.ehlers-inc,com Table of Contents EXECUTIVESUMMARY...........................................................................................................................................4 TYPE AND GENERAL DESCRIPTION OF DISTRICT........................................................................................7 PRELIMINARY MAPS OF PROPOSED DISTRICT BOUNDARY......................................................................8 MAPS SHOWING EXISTING USES AND CONDITIONS.................................................................................10 PRELIMINARY PARCEL LIST AND ANALYSIS.................................................................................................12 EQUALIZEDVALUE TEST.....................................................................................................................................13 STATEMENT OF KIND, NUMBER AND LOCATION OF PROPOSED PUBLIC WORKS AND OTHER PROJECTS................................................................................................................................................................14 MAP SHOWING PROPOSED IMPROVEMENTS AND USES.........................................................................16 DETAILED LIST OF PROJECT COSTS ..............................................................................................................18 ECONOMIC FEASIBILITY STUDY, FINANCING METHODS, AND THE TIME WHEN COSTS OR MONETARY OBLIGATIONS RELATED ARE TO BE INCURRED..................................................................20 ANNEXEDPROPERTY...........................................................................................................................................25 ESTIMATE OF PROPERTY TO BE DEVOTED TO RETAIL BUSINESS......................................................25 PROPOSED ZONING ORDINANCE CHANGES................................................................................................25 PROPOSED CHANGES IN MASTER PLAN, MAP, BUILDING CODES AND CITY OF OSHKOSH ORDINANCES..........................................................................................................................................................25 RELOCATION...........................................................................................................................................................25 ORDERLY DEVELOPMENT OF THE CITY OF OSHKOSH.............................................................................26 LIST OF ESTIMATED NON-PROJECT COSTS.................................................................................................26 OPINION OF ATTORNEY FOR THE CITY OF OSHKOSH ADVISING WHETHER THE PLAN IS COMPLETE AND COMPLIES WITH WISCONSIN STATUTES 66.1105......................................................27 CALCULATION OF THE SHARE OF PROJECTED TAX INCREMENTS ESTIMATED TO BE PAID BY THE OWNERS OF PROPERTY IN THE OVERLYING TAXING JURISDICTIONS......................................28 APPENDIX A-DEVELOPER'S TAX INCREMENTAL FINANCING APPLICATION.................................................29 APPENDIX B- MARKET STUDY AND INVESTMENT ANALYSIS REPORT.............................................43 PLAN COMMISSION PUBLIC HEARING/MINUTES OF JULY 2, 2019.................................................... COMMON COUNCIL CREATION RESOLUTION OF JULY 23, 2019..................................................... JOINT REVIEW BOARD RESOLUTION JULY 24, 2019............................................................................ SECTION 1 : Executive Summary Description of District Tax Incremental District ("TID") No. 37 ("District") is a proposed district in need of rehabilitation or conservation consisting of five parcels and approximately 27 acres collectively referred to as the Aviation Plaza center located northwest of the intersection of W. South Park Ave. and S. Koeller Street and abutting Interstate 41. The existing commercial building in the District contains approximately 117,000 sq. ft. of retail space with Rogan's Shoes as the only current occupant following the closure of the J.C. Penny store in 2015. Mineshaft Oshkosh LLC, Extreme Customs LLC, and Rogan's Shoes Inc. (collectively, "Developer") have submitted a plan to redevelop the properties located within the District. The Developer's plan includes construction of a new 35,600 sq. ft. building that will operate as a Mineshaft restaurant and family entertainment facility, and renovation of the existing commercial building ("Project"). A portion of the renovated building would continue to be occupied by Rogan's Shoes with most of the remaining space to be occupied by Extreme Customs, a technology and automotive firm specializing in online sales of custom rims and tires. The Extreme Customs facilities will include retail, office, product installation, and warehousing space. General Development Plans and Specific Implementation Plans were approved for Extreme Customs on February 12, 2019 (Resolution 19-91) and Mineshaft on May 28, 2019 (Resolution 19-319). The District will be created to pay incentives to reimburse the Developer for costs incurred related to the rehabilitation of public and private infrastructure and improvements. The Project represents an estimated $22.8 million investment in the site with approximately $500,000 to be funded with a WEDC Idle Sites Grant, $1.89 million with a development incentive funded by the District,and the balance from private investment. Authority The City is creating the District under the provisions of Wis. Stat. § 66.1105. Estimated Total Project Cost Expenditures The City anticipates making total expenditures of approximately $4.84 million ("Project Costs") to undertake the projects listed in this Project Plan ("Plan"). Project Costs include an estimated $1.89 million in development incentives, $2.75 million for additional public infrastructure improvements, and an estimated $200,000 in District administrative expense. Incremental Valuation The City projects that an incremental increase in land and improvements value of approximately $12.4 million will result from the Project. Creation of this additional value will be made possible by the Project Costs made within the District. Assumptions as to the development timing and associated values are included in Section 10 of this Plan. Expected Termination of District Based on the Economic Feasibility Study located within Section 10 of this Plan, the City anticipates that the District will generate enough tax increment to pay all Project Costs by the year 2036, reflecting 16 years of tax increment collections, and 18 years of total elapsed time. A total of 7 years of tax increment collections would be needed to repay the development incentive amount included in the Plan, with the remaining years funding potential City infrastructure projects. If necessary, the District would be TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 4 July 2, 2019 permitted to remain open for up to 29 years, allowing for up to a total of 27 years of tax increment collection. Summary of Findings As required by Wis. Stat. § 66.1105, and as documented in this Plan and the exhibits contained and referenced herein,the following findings are made: 1. That "but for" the creation of this District, the development projected to occur as detailed in this Plan: 1) would not occur; or 2) would not occur in the manner, at the values, or within the timeframe desired by the City. In reaching this determination, the City has considered that the commercial building in the District has remained largely vacant and underutilized since 2015 with current occupancy of 17%. Deterioration of the building and site improvements, as well as the need to rehabilitate public infrastructure serving the site, have presented an impediment to leasing and redevelopment. The City does not have funds available to pay for the costs of rehabilitating the public infrastructure and will require the Developer to provide the funding less that portion expected to be paid from a WEDC Idle Sites Grant. The requirement to fund the public infrastructure rehabilitation as well as the additional costs the Developer will incur to address the on-site costs related to deteriorating site and building improvements make it unlikely that the Project will proceed as proposed with the use of tax incremental financing. The City therefore finds it to be reasonable and necessary to use tax incremental financing to reimburse the Developer for the cost of the public infrastructure rehabilitation and certain other on-site costs that will need to be made to allow the Project to proceed. 2. The economic benefits of the District, as measured by increased employment, business and personal income, and property value, are sufficient to compensate for the cost of the improvements. In making this determination, the City has considered that in addition to the incremental value expected to be created, the Project will provide increased employment opportunities and space to accommodate retail and service businesses that will support residents and workers in the area. 3. The benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. As required by Wis. Stat. § 66.1105(4)(1)4., a calculation of the share of projected tax increments estimated to be paid by the owners of property in the overlying taxing jurisdictions has been prepared and can be found in Appendix A of this plan. However, because the Project would not occur without the use of tax incremental financing, these tax increments would not be paid but for creation of the District. Accordingly, the City finds that the benefits expected to be realized as set forth in this Plan outweigh the value of the tax increments to be invested in the Project. 4. Not less than 50% by area of the real property within the District is in need or rehabilitation or conservation as defined by Wis. Stat. § 66.1337(2m)(a) and as further detailed in Section 5 of the Plan. 5. Based on the foregoing finding, the District is designated as a district in need of rehabilitation or conservation. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 5 July 2, 2019 6. The Project Costs relate directly to the rehabilitation or conservation of property in the District, consistent with the purpose for which the District is created. 7. Improvements to be made in the District are likely to significantly enhance the value of substantially all of the other real property in the District. 8. The equalized value of taxable property in the District, plus the incremental value of all existing tax incremental districts within the City does not exceed 12% of the total equalized value of taxable property within the City. 9. That there are no parcels to be included within the District that were annexed by the City within the three-year period preceding adoption of this Resolution. 10. That approximately 75% of the territory within the District will be devoted to retail business at the end of the District's maximum expenditure period, pursuant to Wisconsin Statutes Section 66.1105(5)(b). 11. The Plan for the District is feasible and is in conformity with the Master Plan of the City. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 6 July 2, 2019 SECTION 2: Type and General Description of District The District is a proposed district in need of rehabilitation or conservation consisting of five parcels and approximately 27 acres collectively referred to as the Aviation Plaza center located northwest of the intersection of W. South Park Ave. and S. Koeller Street and abutting Interstate 41. The existing commercial building in the District contains approximately 117,000 sq. ft. of retail space with Rogan's Shoes as the only current occupant following the closure of the J.C. Penny store in 2015. The Developer has submitted a plan to redevelop the properties located within the District. The Developer's plan includes construction of a new 35,600 sq. ft. building that will operate as a Mineshaft restaurant and family entertainment facility, and renovation of the existing commercial building. A portion of the renovated building would continue to be occupied by Rogan's Shoes with most of the remaining space to be occupied by Extreme Customs, a technology and automotive firm specializing in online sales of custom rims and tires. The Extreme Customs facilities will include retail, office, product installation, and warehousing space. General Development Plans and Specific Implementation Plans were approved for Extreme Customs on February 12, 2019 (Resolution 19-91) and Mineshaft on May 28, 2019 (Resolution 19-319). The District will be created to pay incentives to reimburse the Developer for costs incurred related to the rehabilitation of public and private infrastructure and improvements. The Project represents an estimated $22.8 million investment in the site with approximately $500,000 to be funded with a WEDC Idle Sites Grant, $1.89 million with a development incentive funded by the District, and the balance from private investment. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 7 July 2, 2019 SECTION 3: Preliminary Maps of Proposed District Boundary N Tax Increment District #37 .I E Aviation Plaza Redevelopment s District Boundary C7shkOsh r 1 IL L7-- w 2WH AV '- — r CO, ohs Legend TIC)#37 Boundary o vs 150 300 450 Fao[ bawm N P.Fi H1l L rc My Praq.chl An T---",,,—11,2U19 TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 8 July 2, 2019 Tax Increment District #37 E Aviation Plaza Redevelopment „ 5 Parcel Identification Oshkosh Tax Increment District#37-Aviation Plaza Redevelopment Parcel identification Map Impray. Equalized Dwelling Census ID Parcel# Owner Local Address Land Value Value Total Value Value class Units Tract 2vnrng 13,-M22-2034 MAS11RSOSIMOSiIIIC X41SK01I11.R51 $1,14,%AX) $ 52Y,3M $2,2/5,000 $2,4.M,3Y6 B [1 13 SMLI-PI) 2 13-2310-0404 ROGAN SIORB OSI MOSH LLC 2145 S KOLLLLR Si $ 625,'0W $ 63Y,/0U $1,265,6W $1,36/,625 B 0 13 SMU4,13 3 13-2310-0401 1'l1OLN1X RLALTYLLC 2175 S KOLLLLR S1 $ 399,100 $1,215,/00 $1,6/4,800 $I,W9,812 B 0 13 SMU-PL) 4 13-2310-0402 P1101MYREALTYLLC 2185SKOLLLLRST $ 75,200 $ 367,300 $ 442500 $ 478,172 B 0 13 SMU-Pl) 5 13-7310-0403 PHC)FNI%RFAI TYI I C S K0FI I FR ST $ M9,000 $ 54,500 1$ 623,500 $ 673,76.3 B 0 13 .SMIJ-PF7 TWALS-.1$3,414,904 1$2,866,5 0 1$6,261,4U0 $6,107,168 WnT AV- 1 � C � � % 4�114D A 13-2310-0401 1..11 9 T e 13-2310-0402 Legend TID#37 Boundary yn, 0 75 150 $00 450 'V Feat n�„mw P P+c.1scIAiDJec�c4\T�6 r1v. wn wnnn�x-fw. a ain�xr=a. n,-xd L57I®: I,pre 17,20I9 TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 9 July 2, 2019 SECTION 4- Maps Showing Existing Uses and Conditions Tax Increment District #37 w E Aviation Plaza Redevelopment c„Yi 01 S Existing & Proposed Land Use Oshkosh s0 a � ti a a a a a - TID ' V — #37 m �, 7afiLVlNdA' r f P I �J ;lei - i; Sq�GER RY r� Existing& Proposed Land Use JerZ Commercial :♦•♦` Single&Two Family ym D TO#37 Boundary - Industrial � Parks& Recreation p +wQ t Parking Lot ® Institutional Feet LUGovernment Vacant Land Dal*;Tuesday,June 11,.3L714 - - infrastructure TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 10 July 2, 2019 Tax Increment District #37 W E Aviation Plaza Redevelopment cl,o S Existing Conditions Oshkosh p 1. e ,n l I ^ F V AV Site Blighted, Underutilized, in Need of Redevelopment = -� � A» 1 Cn R LfiG m Q�\' r ��Q � r m Existing T1D Cn r' low Commercial #37 a . R Buildings , i 8 : I a r I r r � r a I 0 Site Blighted, Underutilized �Yo /rye Z / a " J Legend -� -44 TI❑#37 Boundary I / 0 76 160 300 450 I Feet Oa= -.H-\Ivin\SLcNpyroi-,T1r,v.y—\no_�n„�otio�vloxG Reug�lop�„i\Abps�T^io a�E�sn�e-o Dote:Thu mdoy,June 13.2019 TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 11 July 2, 2019 SECTION 5- Preliminary Parcel List and Analysis The following table identifies the parcels to be included in the District. The entirety of the District is an area in need of rehabilitation or conservation as defined in Wis. Stat. § 66.1337(2m)(e). Specifically, the District consists of land where: 1. Plans for a program of voluntarrepair and rehabilitation of buildings or other improvements will be carried out. As part of the Project, the existing commercial building located in the District, which is deteriorating and has a 17% occupancy rate, will be rehabilitated to accommodate the relocation of Extreme Customs LLC's operations to the building. 2. Installation, construction or reconstruction of utilities and other improvements is necessary for carrying out the objectives of an urban renewal project. As part of the Project, deteriorating public infrastructure and private site improvements, which have presented an impediment to leasing and redevelopment,will be rehabilitated. Oshkosh,City of Tax Increment District#37 Base Property Information' Property Information Assessment Information Equalized Value District Classification Map Equalized In Need of ID# Parcel Number Street Address Owner Acreage Land Imp Total Value Land Imp Total Rehabilitation/ Ratio Conservation 1 13-3422-2034 2041 S KOELLER ST MASTERS OSHKOSH LLC 16.43 1,745,700 529,300 2,275,000 92.54% 1,886,427 571,969 2,458,396 16.43 2 13-2310-0404 2145 S KOELLER ST ROGAN STORES OSHKOSH LLC 3.53 625,900 639,700 1,265,600 92.54% 676,356 691,269 1,367,625 3.53 3 13-2310-0401 2175 S KOELLER ST PHOENIX REALTY LLC 2.38 399,100 1,275,700 1,674,800 92.54% 431,273 1,378,539 1,809,812 2.38 4 13-2310-0402 2185 S KOELLER ST PHOENIX REALTY LLC 0.45 75,200 367,300 442,500 92.54% 81,262 396,909 478,172 0.45 5 13-2310-0403 0 S KOELLER ST PHOENIX REALTY LLC 3.79 569,000 54,500 623,500 92.54% 614,869 58,893 673,763 3.79 3,414,900 2,866,500 6,281,400 3,690,188 3,097,579 6,787,767 26.58 100.00 Estimated Base Value 6,787,767 Notes: Assessed values as of 1-1-2019 per City Assessor.Equalization ratio reflects estimated 1-1-2019 ratio as provided by City Assessor. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 12 July 2, 2019 SECTION 6: Equalized Value Test The following calculations demonstrate that the City expects to be in compliance with Wis. Stat. § 66.1105(4)(gm)4.c., which requires that the equalized value of the taxable property in the proposed District,plus the value increment of all existing tax incremental districts,does not exceed 12%of the total equalized value of taxable property within the City. The equalized value of the increment of existing tax incremental districts within the City, plus the base value of the proposed District,totals $154,498,067. This value is less than the maximum of$488,841,912 in equalized value that is permitted for the City. City of Oshkosh, Wisconsin ComplianceTax Increment District#37 r Valuation Test . District Creation Date 7/23/2019 Valuation Data Currently Available 2018 Tota I EV(TI D In) 4,073,682,600 12%Test 488,841,912 Increment of Existing TI Ds 147,710,300 Projected Base of New or Amended District 61787,767 Total Value Subject to 12%Test 154,498,067 Compliance TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 13 July 2, 2019 SECTION 7: Statement of Kind, Number and Location of Proposed Public Works and Other Projects Project Costs are any expenditure made, estimated to be made, or monetary obligations incurred or estimated to be incurred as outlined in this Plan. Project Costs will be diminished by any income, special assessments or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received in connection with the implementation of the Plan. If Project Costs incurred benefit territory outside the District, a proportionate share of the cost is not a Project Cost. Costs identified in this Plan are preliminary estimates made prior to design considerations and are subject to change after planning, design and construction is completed. With all Project Costs, the costs of engineering, design, survey, inspection, materials, construction, restoring property to its original condition, apparatus necessary for public works, legal and other consultant fees, testing, environmental studies,permits,updating City ordinances and plans,judgments or claims for damages and other expenses are included as Project Costs. The following is a list of public works and other tax incremental financing eligible Project Costs that the City expects to make, or may need to make, in conjunction with the implementation of the District's Plan. The map found in Section 7 of this Plan along with the Detailed List of Project Costs found in Section 9 provide additional information as to the kind, number and location of potential Project Costs. Public Improvements Sanitary Sewer,Water System and Stormwater Management Improvements The Project may require that the City make improvements to its sanitary sewer collection system, water distribution system and stormwater management system. To the extent that improvements are necessitated by, or provide a benefit to, the Project the City may allocate the cost, or a portion of the costs, to the District. Any costs incurred by the City for improving the its utility systems that benefit the Project are eligible Project Costs. Costs for such improvements may be made within the District, or outside the District as permitted under Wis. Stat. § 66.1105(2)(f)l.k. Sidewalks and Multi-Use Trails The Project may require the City to install or improve sidewalks or multi-use trails to promote connectivity to the District and to improve pedestrian safety. To the extent that improvements are necessitated by, or provide a benefit to, the Project the City may allocate the cost, or a portion of the costs,to the District. Any costs incurred by the City for installing improving sidewalks or multi-use trails that benefit the Project are eligible Project Costs. Costs for such improvements may be made within the District, or outside of but within '/z mile of the District's boundary as permitted under Wis. Stat. § 66.1105(2)(f)l.n. Community Development Cash Grants(Development Incentives) The City may enter into agreements with property owners, lessees, or developers of land located within the District for sharing costs to encourage the desired kind of improvements and assure tax base is generated sufficient to recover Project Costs. No cash grants will be provided until the City executes a developer agreement with the recipient of the cash grant. Any payments of cash grants made by the City are eligible Project Costs. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 14 July 2, 2019 Miscellaneous Professional Service and Organizational Costs The costs of professional services rendered, and other costs incurred, in relation to the creation, administration and termination of the District, and the undertaking of the projects contained within this Plan, are eligible Project Costs. Professional services include but are not limited to: architectural; environmental; planning; engineering; legal; audit; financial; and the costs of informing the public with respect to the creation of the District and the implementation of the Plan. Administrative Costs The City may charge to the District as eligible Project Costs reasonable allocations of administrative costs, including,but not limited to, employee salaries. Costs allocated will bear a direct connection to the time spent by City employees relating to the implementation of the Plan. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 15 July 2, 2019 SECTION 8- Map Showing Proposed Improvements and Uses " Tax Increment District #37 W E Aviation Plaza Redevelopment ov Proposed Improvements Oshkosh ` ion .tt yh 4^r dP t - 2UTH AV _ - Proposed Mineshaft Restaurant) Family Entertainment Complex, Site Improvements/Landscaping I�g TID 1 R �Y #37 �. s ,` Ill)qll 111 ■ � .. a '.IM15i= H S,_ II Y Cl) Legend 44 TID#37 Boundary 15U HU 45U Feel f* I � �ofe:Th ursdoy,June 13,2019 Oas o'F _Pr �sY71 �A fion --I� TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 16 July 2, 2019 Tax Increment District #37 E Aviation Plaza Redevelopment cilyv _ Existing & Proposed Land Use Oshkosh rrrf s i t a lu _ - - --W 2U't=H=►4V — 9 , TlD :f. #17 p ,�� 7"A�IL WdND A m �.. 1 � BADGER AV Existing& Proposed Land Use Commercial .'a'.• Single&Two Family ED�m� n Tf0#37 Boundary — Industrial ` Parks&Recreation Feet Parking Lot institutional Government Vacant Land Dote:Tuesday,tune 11,2019 Infrastructure TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 17 July 2, 2019 SECTION 9: Detailed List of Project Costs The following list identifies the Project Costs that the City currently expects to incur in implementing the District's Plan. All projects identified, and related costs reflect the best estimates available as of the date of preparation of this Plan. All costs are preliminary estimates and may increase or decrease. Certain Project Costs listed may become unnecessary, and other Project Costs not currently identified may need to be made. (Section 7 details the general categories of eligible Project Costs). Changes in Project Cost totals or the types of Project Costs to be incurred will not require that this Plan be amended. This Plan is not meant to be a budget nor an appropriation of funds for specific Project Costs,but a framework within which to manage Project Costs. City of Oshkosh, Wisconsin Tax Increment District#37 Detailed List of Project General Extreme District Project Name/Type Mineshaft Customs Rogan's Costs Total 2022-2027 2022-2027 2022-2027 2019-2047 Development Incentives' Sewer&Water Reimbursement 62,998 169,320 136,876 369,194 Stormwater Reimbursement 147,392 105,697 85,445 338,534 Other On-Site Improvements Reimbursement 227,232 227,232 Drive Apron&Curb Reimbursement 171,240 171,240 Building Improvements Reimbursement 87,724 87,724 Development Wide Stormwater Reimbursement 515,616 515,616 Estimated Interest on Incentive 63,595 37,888 23,221 178,559 Public Infrastructure 2,750,000 2,750,000 TIF Administrative Expenses 200,256 200,256 Total Projects 672,457 400,629 245,542 3,465,872 4,938,355 Notes: Incentive amount shown for purposes of establishing economic feasibility only.The City has not agreed to terms or conditions with the proposed Developer as to any public participation in the project. The Development Incentives noted on the above table consist of payments that will be made to reimburse the Developer for the following specific work items: • Sewer and Water Reimbursement—Upgrading the water and sanitary laterals on site that are currently not in compliance with City or State code. • Stormwater Reimbursement—Upgrading the entire 26 acre site's stormwater management system to meet City and State code. • Other On-Site Improvements Reimbursements — Engineering, geotechnical testing, relocating and installing utilities, and restoration related to the utility improvements. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 18 July 2, 2019 • Drive Apron and Curb Reimbursement—Reconstructing the drive apron and curb in the right of way to meet City code. • Building Improvements Reimbursement—Building renovations include replacing the HVAC system, replacing interior and exterior concrete and masonry that is beyond repair, replacing part of the fire protection piping for the system, updating the plumbing fixtures and equipment, and ensuring the electrical service meets the needs of the business. • Development-Wide Stormwater Reimbursement— The required stormwater management facility for the entire Aviation Plaza site will be located on the Mineshaft property due to the topography of the site. Funds may be reimbursed for constructing a stormwater management facility that provides the quality and quantity stormwater requirements that Extreme Customs, Rogan's, and the Mineshaft are required to provide per City and State code. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 19 July 2, 2019 SECTION 10: Economic Feasibility Study, Financing Methods, and the Time When Costs or Monetary Obligations Related are to be Incurred This Section includes a forecast of the valuation increases expected within the District, the associated tax increment collections, a summary of how Project Costs would be financed, and a projected cash flow demonstrating that the District is economically feasible. Key Assumptions The Project Costs the City plans to make are expected to create $12.4 million in incremental value by January 1, 2021. The development Project estimated valuations and timing are included in Table 1. Assuming the City's current equalized TID Interim tax rate of$25.11 per thousand of equalized value, and no economic appreciation or depreciation, the Project would generate $8,307,870 in incremental tax revenue over the 27-year term of the District as shown in Table 2. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 20 July 2, 2019 City of Oshkosh DevelopmentTax Increment District No. 37 Base Value of Construction Year Mineshaft Extreme Customs Ro an's Annual Total Construction Year Improvements 1 2019 (3,097,579) 5,500,000 4,300,000 1,750,000 8,452,421 2019 1 2 2020 3,950,000 3,950,000 2020 2 3 2021 0 2021 3 4 2022 0 2022 4 5 2023 0 2023 5 6 2024 0 2024 6 7 2025 0 2025 7 8 2026 0 2026 8 9 2027 0 2027 9 10 2028 0 2028 10 11 2029 0 2029 11 12 2030 0 2030 12 13 2031 0 2031 13 14 2032 0 2032 14 15 2033 0 2033 15 16 2034 0 2034 16 17 2035 0 2035 17 18 2036 0 2036 18 19 2037 0 2037 19 20 2038 0 2038 20 21 2039 0 2039 21 22 2040 0 2040 22 23 2041 0 2041 23 24 2042 0 2042 24 25 2043 0 2043 25 26 2044 0 2044 26 27 2045 0 2045 27 Totals (3,097,579) 9,450,000 4,300,000 1,750,000 12,402,421 Notes: 'Estimate of valuation increase within District resultingfrom construction of restaurant building and renovations to be made to existing commercial building.Assumptions as to value and timingtaken from information received from Developer dated 6-6-2019. Reflects existing valuation of land and improvements within the District as of January 1,2019.This value is subtracted to calculate the projected incremental value.(The numbers shown to the right of this column reflect total value). Table 1 —Development Assumptions TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 21 July 2, 2019 OshkoshCity of Tax Increment District No. 37 Tax Increment Projection Worksheet Type of District Blighted Area Base Value 6,787,767 District Creation Date July 23,2019 Appreciation Factor 0.00% Valuation Date Jan 1, 1 2019 Base Tax Rate $25.11 Max Life(Years) 27 Rate Adjustment Factor Expenditure Period/Termination 22 1 7/23/2041 Revenue Periods/Final Year 27 2047 Extension Eligibility/Years Yes1 3 Tax Exempt Discount Rate 0.00% Recipient District Yes Taxable Discount Rate 0.00% Construction Inflation Total Year Value Added Valuation Year Increment Increment Revenue Year Tax Rate' Tax I ncrement 1 2019 8,452,421 2020 0 8,452,421 2021 $25.11 212,204 2 2020 3,950,000 2021 0 12,402,421 2022 $25.11 311,372 3 2021 0 2022 0 12,402,421 2023 $25.11 311,372 4 2022 0 2023 0 12,402,421 2024 $25.11 311,372 5 2023 0 2024 0 12,402,421 2025 $25.11 311,372 6 2024 0 2025 0 12,402,421 2026 $25.11 311,372 7 2025 0 2026 0 12,402,421 2027 $25.11 311,372 8 2026 0 2027 0 12,402,421 2028 $25.11 311,372 9 2027 0 2028 0 12,402,421 2029 $25.11 311,372 10 2028 0 2029 0 12,402,421 2030 $25.11 311,372 11 2029 0 2030 0 12,402,421 2031 $25.11 311,372 12 2030 0 2031 0 12,402,421 2032 $25.11 311,372 13 2031 0 2032 0 12,402,421 2033 $25.11 311,372 14 2032 0 2033 0 12,402,421 2034 $25.11 311,372 15 2033 0 2034 0 12,402,421 2035 $25.11 311,372 16 2034 0 2035 0 12,402,421 2036 $25.11 311,372 17 2035 0 2036 0 12,402,421 2037 $25.11 311,372 18 2036 0 2037 0 12,402,421 2038 $25.11 311,372 19 2037 0 2038 0 12,402,421 2039 $25.11 311,372 20 2038 0 2039 0 12,402,421 2040 $25.11 311,372 21 2039 0 2040 0 12,402,421 2041 $25.11 311,372 22 2040 0 2041 0 12,402,421 2042 $25.11 311,372 23 2041 0 2042 0 12,402,421 2043 $25.11 311,372 24 2042 0 2043 0 12,402,421 2044 $25.11 311,372 25 2043 0 2044 0 12,402,421 2045 $25.11 311,372 26 2044 0 2045 0 12,402,421 2046 $25.11 311,372 27 2045 0 2046 0 12,402,421 2047 $25.11 311,372 Totals 1 ,+1tS ,421 Future Value of Increment 8,307,870 Notes: Tax rate shown is actual rate for 2018/19 levy taken from DOR Form PC-202(Tax Increment Collection Worksheet). Table 2—Tax Increment Projection Worksheet TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 22 July 2, 2019 Financine and Implementation Expected District Project Costs consist of development incentives in an estimated amount of $1.89 million, $2.75 million for additional public infrastructure improvements and an estimated $200,000 in District administrative expense. Project Costs will be paid from tax increment as it is received, and the City's obligation to make development incentive payments will be limited to tax increment generated by the Project and subject to annual appropriation. The City will advance funds as needed to pay District administrative expenses prior to the availability of tax increments. To the extent public infrastructure improvements are required prior to the availability of tax increment to cash fund them, the City may advance funds to the District,or may issue debt to finance the costs. Based on the cash flow exhibit (Table 3), the City anticipates that the District will generate enough tax increment to pay all Project Costs by the year 2036, reflecting 16 years of tax increment collections, and 18 years of total elapsed time. A total of 7 years of tax increment collections would be needed to repay the development incentive amount included in the Plan, with the remaining years funding potential City infrastructure projects. If necessary, the District would be permitted to remain open for up to 29 years, allowing for up to a total of 27 years of tax increment collection. The projected early closure is based on the various assumptions noted in this Plan and will vary dependent on actual Project Costs incurred and the actual amount of tax increments collected. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 23 July 2, 2019 Cash Flow OshkoshCity of Tax Increment District No.37 Cash Flow Projection Projected Revenues Projected Expenditures Balances Municipal Revenue Obligation(MRO)' Year 1,709,540 Public Total MRO Principal Tax Increments Total Revenues Principal Int.Rate Interest Infrastructure TIF Admin. Expenditures Annual Cumulative Outstanding Year 2019 0 15,000 15,000 (15,000) (15,000) 2019 2020 0 5,000 5,000 (5,000) (20,000) 2020 2021 212,204 212,204 5,100 5,100 207,104 187,104 1,709,540 2021 2022 311,372 311,372 235,359 2.625% 44,875 5,202 285,437 25,935 213,039 1,474,181 2022 2023 311,372 311,372 241,537 2.625% 38,697 5,306 285,541 25,831 238,870 1,232,643 2023 2024 311,372 311,372 247,878 2.625% 32,357 5,412 285,647 25,725 264,595 984,766 2024 2025 311,372 311,372 254,384 2.625% 25,850 5,520 285,755 25,617 290,212 730,381 2025 2026 311,372 311,372 261,062 2.625% 19,173 5,631 285,865 25,506 315,719 469,319 2026 2027 311,372 311,372 267,915 2.625% 12,320 5,743 285,978 25,394 341,112 201,404 2027 2028 311,372 311,372 201,404 2.625% 5,287 300,000 5,858 512,549 (201,178) 139,935 0 2028 2029 311,372 311,372 300,000 5,975 305,975 5,396 145,331 0 2029 2030 311,372 311,372 300,000 6,095 306,095 5,277 150,608 0 2030 2031 311,372 311,372 300,000 6,217 306,217 5,155 155,763 0 2031 2032 311,372 311,372 300,000 6,341 306,341 5,031 160,793 0 2032 2033 311,372 311,372 300,000 6,468 306,468 4,904 165,697 0 2033 2034 311,372 311,372 300,000 6,597 306,597 4,774 170,471 0 2034 2035 311,372 311,372 300,000 6,729 306,729 4,642 175,114 0 2035 2036 311,372 311,372 350,000 6,864 356,864 (45,492) 129,622 0 2036 2037 311,372 311,372 7,001 7,001 304,371 433,992 0 2037 2038 311,372 311,372 7,141 7,141 304,231 738,223 0 2038 2039 311,372 311,372 7,284 7,284 304,088 1,042,310 0 2039 2040 311,372 311,372 7,430 7,430 303,942 1,346,252 0 2040 2041 311,372 311,372 7,578 7,578 303,793 1,650,046 0 2041 2042 311,372 311,372 7,730 7,730 303,642 1,953,688 0 2042 2043 311,372 311,372 7,884 7,884 303,487 2,257,175 0 2043 2044 311,372 311,372 8,042 8,042 303,330 2,560,505 0 2044 2045 311,372 311,372 8,203 8,203 303,169 2,863,673 0 2045 2046 311,372 311,372 8,367 8,367 303,005 3,166,678 0 2046 2047 311,372 311,372 0 8,534 8,534 302,837 3,469,515 0 2047 L.Tota 8,307,870 8,307,870 1,709,540 178,559 2,750,000 200,256 4,838,355 Total allocation of 90%of increment to MRO payment.Incentive amounts,payment percentages and term shown for purposes of establishing Projected TID Closure feasibility only.The Cityhas not agreed to terms or conditions with the proposed Developer as to anypublic participation in the project. Table 3 TID No.36 Project Plan City of Oshkosh Prepared by Ehlers Page 24 June 12,2019 SECTION 11 : Annexed Property A tax incremental district cannot include annexed territory unless at least three years have elapsed since the annexation, or certain other requirements are met. None of the property within the proposed District boundary was annexed during the past three years. SECTION 12: Estimate of Property to be Devoted to Retail Business Pursuant to Wis. Stat. § 66.1105(5)(b),the City estimates that 75% of the territory within the District will be devoted to retail business at the end of the District's maximum expenditure period. SECTION 13: Proposed Zoning Ordinance Changes The proposed Plan is in general conformance with the City's current zoning ordinances. Individual properties may require rezoning at the time of development. SECTION 14: Proposed Changes in Master Plan, Map, Building Codes and City of Oshkosh Ordinances The proposed Plan is in general conformance with the City's Comprehensive Plan identifying the area as appropriate for commercial land uses. Development within the District will be required to conform to State Building Codes and will be subject to the City's permitting and inspection procedures. The proposed Plan conforms to all relevant State and local ordinances, plans, and codes. No changes to the existing regulations are proposed or needed. SECTION 15: Relocation Implementation of this Plan will not require relocation of individuals or business operations. Should implementation of this Plan require relocation of individuals or business operations, relocations will be handled in compliance with Wis. Stat. Chapter 32 and Wis.Admin. Code ADM 92. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 25 July 2, 2019 SECTION 16: Orderly Development of the City of Oshkosh Creation of the District and the implementation of the projects in its Plan will promote the orderly development of the City through elimination of blight and the provision of appropriate financial incentives that will create opportunities for mixed use development. Through use of tax increment financing, the City can attract new investment that results in increased tax base. Development will occur in an orderly fashion in accordance with approved plans so that the Projects will be compatible with adjacent land uses. Development of new uses in the District will add to the tax base and will generate positive secondary impacts in the community such as increased employment opportunities and space to accommodate retail and service businesses that will support residents and workers in the area. SECTION 17: List of Estimated Non-Project Costs Non-project costs are public works projects which only partly benefit the District. Costs incurred that do not benefit the District may not be paid with tax increments. Examples of non-project costs are: • A public improvement made within the District that also benefits property outside the District. That portion of the total Project Costs allocable to properties outside of the District would be a non-project cost. • A public improvement made outside the District that only partially benefits property within the District. That portion of the total Project Costs allocable to properties outside of the District would be a non-project cost. • Projects undertaken within the District as part of the implementation of this Project Plan,the costs of which are paid fully or in part by impact fees, grants, special assessments, or revenues other than tax increments. At present, the City has not identified any non-project costs other than those costs expected to be paid from the WEDC Idle Sites grant which are not included within this Plan. To the extent: 1) improvements are made within the District that benefit property outside the District; or 2) improvements are made outside the District that will only partially benefit the District;the City will apportion those costs based on a reasonable allocation of the benefit. The costs related to benefit received by properties outside the District are non-project costs. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 26 July 2, 2019 SECTION 18: Opinion of Attorney for the City of Oshkosh Advising Whether the Plan is Complete and Complies with Wisconsin Statutes 66. 1105 I^A City f Oshkosh June 26,2019 H.Allen Davis Director of Community Development City of Oshkosh 215 Church Avenue Oshkosh,WI54903-1130 Dear Mr.Davis: I reviewed the project plan for, City of Oshkosh Tax Increment District #37 Aviation Plaza Redevelopment,pursuant to Section 66.1105(4)(f)of the Wisconsin Statutes.I find that the plan includes a statement listing the kind,number,and location of proposed public improvements within and outside the District. It includes an economic feasibility study, a detailed list of estimated project costs, and a description of the method of financing all estimated project costs, the time when the costs are to be incurred, and a list of estimated non-project costs. The plan contains maps of existing uses and conditions of real property, as well as, proposed improvements and uses. The plan identifies any proposed changes in zoning of the real property in the district,and any proposed changes in the City's master plan, map or other municipal codes required or proposed as part of the district. The plan includes a statement of the proposed method for relocation of any persons to be displaced. The plan further specifies that the district will promote the orderly development within the City, which is consistent with the City's Comprehensive Plan(Master Plan),building codes,and other city ordinances in relation to project elements. Upon adoption of the project plan by the Plan Commission and their submission to the City Council,all requirements of Section 66.1105(4)(f), Wisconsin Statutes, will be complete and it is, therefore, my opinion that the project plan attached hereto is complete and complies with Wis.Stat.§66.1105. Sincerely, IOF OSH.Lorenson City Attorney LL/tw City Attorney City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5115 http://www.ci.oshkosh.wi.us TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 27 July 2, 2019 Exhibit A: Calculation of the Share of Projected Tax Increments Estimated to be Paid by the Owners of Property in the Overlying Taxing Jurisdictions PortionEstimated Owners Overlaying D DOR Form PC-202 2018/19 Percentage Winnebago County 749,693 20.22% City of Oshkosh 1,482,441 39.98% Oshkosh Area School District 1,320,217 35.60% Fox Valley Techncial College 156,024 4.21% Fox Valley Winnebago Oshkosh Area Techncial Revenue Year County City of Oshkosh School District College Total Revenue Year 2021 42,900 84,830 75,547 8,928 212,204 2021 2022 62,948 124,472 110,851 13,100 311,372 2022 2023 62,948 124,472 110,851 13,100 311,372 2023 2024 62,948 124,472 110,851 13,100 311,372 2024 2025 62,948 124,472 110,851 13,100 311,372 2025 2026 62,948 124,472 110,851 13,100 311,372 2026 2027 62,948 124,472 110,851 13,100 311,372 2027 2028 62,948 124,472 110,851 13,100 311,372 2028 2029 62,948 124,472 110,851 13,100 311,372 2029 2030 62,948 124,472 110,851 13,100 311,372 2030 2031 62,948 124,472 110,851 13,100 311,372 2031 2032 62,948 124,472 110,851 13,100 311,372 2032 2033 62,948 124,472 110,851 13,100 311,372 2033 2034 62,948 124,472 110,851 13,100 311,372 2034 2035 62,948 124,472 110,851 13,100 311,372 2035 2036 62,948 124,472 110,851 13,100 311,372 2036 2037 62,948 124,472 110,851 13,100 311,372 2037 2038 62,948 124,472 110,851 13,100 311,372 2038 2039 62,948 124,472 110,851 13,100 311,372 2039 2040 62,948 124,472 110,851 13,100 311,372 2040 2041 62,948 124,472 110,851 13,100 311,372 2041 2042 62,948 124,472 110,851 13,100 311,372 2042 2043 62,948 124,472 110,851 13,100 311,372 2043 2044 62,948 124,472 110,851 13,100 311,372 2044 2045 62,948 124,472 110,851 13,100 311,372 2045 2046 62,948 124,472 110,851 13,100 311,372 2046 2047 62,948 124,472 110,851 13,100 311,372 2047 Total 1,679,537 3,321,112 2,957,681 349,541 8,307,870 Notes: The projection shown above is provided to meet the requirements of Wis. Stat. §66.1105(4)(i)4. TID No. 37 Project Plan City of Oshkosh Prepared by Ehlers Page 28 July 2, 2019 TIF APPLICATION May 2, 2019 RECEIVED Mr. Mark Rohloff f'JAY 2 2019 Oshkosh City Manager 215 Church Ave CUAIMUNI'I'y DEVE1-OPMENT Oshkosh,WI 54901 Dear Mr Rohloff, On behalf of the property owners of the Aviation Plaza center, please accept this request for tax increment assistance that we believe to be needed in order to bring the overall project to fruition. As you well know, the aviation plaza sits mostly vacant today. In 2015,JC Penny closed down their store leaving Rogan's shoes the only operation to remain open. In total the site has approximately 116,668 square feet of retail space available, however with only Rogan's in operation, only 16.7%of the space is being utilized. Our plan includes the construction of a new 35,600 sf building that will house a new Mineshaft restaurant and family entertainment facility. We anticipate this venture will bring in 10,000- 12,000 customers per week. In addition,the JC Penny/Miles Kimball site will be substantially renovated to house Extreme Customs, a growing technology/automotive firm that specializes in online sales of custom rims and tires.The new facility will house a retail space, a fair amount of office space, a shop for local installation of products, and substantial warehouse space. As you are aware, the redevelopment of this site is made difficult by several factors. First,the site has zoning restrictions due to the proximity to the adjacent airport limiting the potential uses. Next,the site was originally developed as one single parcel. A single water and sewer lateral comes in off of Koeller St and served the original Walmart facility, the adjacent strip mall, what now serves as the Rogan's shoes store, and the old JC Penny/Miles Kimball buildings. Public Service Commission rules no longer allow a shared water lateral. Should the proposed development occur, or any other development for that matter,the non-conforming laterals must be corrected, such that each building or separate parcel will need its own water laterals. We will also have to address stormwater for the site, however, the department of public works have also requested of us to provide increased capacity than minimally required in an effort to aid in the overall 5tringham Creek water management. We anticipate the projects starting mid-June.The Extreme Customs renovation and the Rogan's Shoes water laterals should be completed by November of this year.We further anticipate the construction of the Mineshaft facility to be completed by April of 2020. The total development investment in the Mineshaft facility and associated site improvements is approximately$16.1 Million.The Mineshaft team has$8 million in financing committed.They are contributing just short of$3.9 million in land and equity and bringing$2.75 million on cash. Extreme customs will make an overall investment of approximately$5.75 million and has arranged financing through Hometown bank, while Rogan's will invest approximately$262K in site infrastructure improvements. Overall,we have identified $2,359,290 in public and site improvement costs. We have applied for$500,000 of assistance through the WEDC Idle Sites grant, leaving$1,859,290 in TIF eligible expenses. We are requesting$1,704,760 in TIF assistance, in part to keep the total payback within 10 years. Page 29 An investment analysis was conducted on the Mineshaft development plan and found that the 10 year internal rate of return without TIF was 12.52%. With TIF it is 15.11%. While the IRR in part, paints the picture of need, more importantly the TIF assistance reduces the amount of cash needed to complete the project. Given the banks limitation of$8 million in financing, the development team must bring in roughly 50% in equity to make this happen without TIF. In contrast, more typical development scenarios like apartments or commercial office space might only require 20%-30% equity. The overall redevelopment of this site will provide substantial public benefit. As a major gateway entry point to the city, this site was listed as a goal for redevelopment in the City's Central Corridors plan. The Mineshaft facility will be a major draw bringing in 10,000- 12,000 patrons weekly. Experience from the Hartford locations suggests that many of these patrons will draw from the surrounding region.The Mineshaft facility may add well over 100 new jobs. Extreme Customs will retain 32 existing jobs in Oshkosh and add an addition 10 in the next year which include full benefits. Also, the increased stormwater capacity above the site requirements will benefit neighboring site and those downstream of the Stringham creek basin. We project this development will add roughly$14 million in increment and that the requested incentive can be paid back in 10 years. In order to make this overall site redevelopment work TIF assistance will be needed. For the Mineshaft project, the extreme additional site cost would require the development team to bring in 50%equity stake without assistance. Moreover, without TIF the 10 year rate of return is 12.5%. Consistent with the presentation given to the Common Council by Ehlers in the June 2017 TIF workshop, the required return should reflect the risk proposed. Given the equity position requirements and the risk associated with restaurant/entertainment facilities, we find 12.5% is insufficient to proceed. For Extreme Customs, the redevelopment costs surpass 90%of the fair market value of the existing land and buildings. These extraordinary costs make the redevelopment financially prohibitive without the TIF assistance. We greatly appreciate the support and assistance your staff has provided in helping us understand the site issues and putting together the requisite materials for requesting TIF assistance. We strongly believe that the redevelopment we are proposing will be a substantial benefit to the city and again affirm that without TIF assistance these projects would not move forward. Please feel free to contact any of us with any questions you may have. We look forward to working together with the city to return this site back to the economic center we know it can be. Sincerely, Mineshaft Oshkosh Extreme Customs Page 30 �0� NOS � ®r, ROGAN SHOES, INC. 1750 Ohio Street Racine, Wisconsin 53405 262-637-3613 April 29, 2019 Mr. Mark Rohloff Oshkosh City Manager 215 Church Avenue Oshkosh, Wisconsin 54901 Re: Aviation Plaza Dear Mr. Rohloff: As you are aware, Rogan's Shoes is the owner of one of the parcels at Aviation Plaza. Our property is between the parcels proposed for the Mineshaft and Extreme Rims redevelopments. We are writing to request tax increment assistance for the Aviation Plaza developments. We fully support the redevelopments proposed by Mineshaft and Extreme Rims. Rogan's Shoes is willing to invest approximately $262,000 for installation of a new water line, shared sanitary sewer fine with Custom Rims and a shared storm water infrastructure at Aviation Plaza provided that we receive TIF assistance. We understand that both Mineshaft and Custom rims have indicated that TIF assistance is necessary for their respective redevelopments to occur. Through the years, Rogan's Shoes has witnessed the death of Aviation Plaza as a shopping destination. This occurred despite the fact that Aviation Plaza is in a highly visible location. Except for our store, Aviation Plaza's buildings are either empty or have been torn down. That, together with the appearance of the empty and vacant portions of Aviation Plaza, unequivocally sends a message of deterioration and blight. Page 31 Furthermore, there has not been any conventionally financed redevelopment at Aviation Plaza over the many years that vast portions of Aviation Plaza have been empty. In our view, the marketplace has clearly indicated that TIF financing is necessary for redevelopment to take place at Aviation Plaza, as we believe that a non-TIF financed redevelopment would have already occurred at Aviation Plaza if such a redevelopment was viable. We appreciate the consideration of this request. Very truly yours, o Shoes, Inc. Patric A. Rogan Presi ent Page 32 • Tax Incremental Financing Policy and Application Sources and Uses of Funds Identify the sources of funds used to finance the project. Typical sources include equity, lender financing, mezzanine financing, government financing, other anticipated types of public assistance, and any other types or methods of financing. Uses of Funds Amount ($) $ per SF of Building Area Land Acquisition: $3,250,000 Demolition: Environmental Remediation: Site Clearance and Preparation: Soft Costs/ Fees: $1.082 522 Soft Cost Contingency: $140,000 Hard Construction Costs: $8,065,786 Total Project Costs: $16,101,413 Sources of Funds of total project costs Equity Developer Equity: $ 3,894,463 24 Other Equity:(,a9h.,_._..._._} $ 2,752,403 17 % Total Equity: $ 6,646.866 41 %® Loans Rate Term Construction Financing: $ 8,000,000 5.375 % 12 mos. 50 Permanent Financing: $_ '9,nnn,nnn 5.25 % 20 yrs. 5Q % TIF Assistance $ 1,237,710 8 % Other: ( vvFnr _i r ) $ 216,837 1 % Total Sources of Funds $16,101,413 100% Financing Source Amount Terms: Years/interest Contact Information Equity: Loans 1 : BMO Harris Bank �262) 783 1094 2: 3: 4: Page 33 • Tax Incremental Financing � Policy nd a Application Project Timetable Date Final Plan/Specification Preparation: May 2019 Bidding and Contracting May 2019 Firm Financing Approval: April 2019 Construction/Rehabilitation: July 2019 -April 2020 Landscaping/Site Work: —'July 2019 -April 2020 Occupancy/Lease Up: April 2020 Development Team Developer: . Tom Ma$t Architect: Keller Structures _ Surveyor: c Contractor: Keller Structures Other Members: Describe Team expertise and experience in developing similar projects: Mr Masters has several decades of en xperience operating the Hartford Mineshaft location along with the Fox and Hounds. }Seller Structures has significanteKserience building various commercial buildings Other current Team projects in development: None Financial ability of the applicant to complete the project: Ownership team has cash and equity required to bring project to completion after financing commitment. BMO Harris bank has provided a letter of commitment for financing. History of use of other city or government financial incentives: A paa of this RrQipct the Aviation plaza team bas requested assistance thrnuah the WFnC: Idle Sites Grant program. Professional Studies Market Studies: Applications for commercial and residential projects may at the option of the city be required to include a comprehensive market study. The market study should identify target markets, analysis of competition, demographics, market rents, letters of intent/interest from prospective tenants, or for housing developments, sale prices or rental rates of comparable properties. Appraisal: All projects that involve the transfer of land may at the option of the city include a recent appraisal. Projects that include land as a form of equity or collateral must also submit a recent appraisal. The appraisal must value the property "as is", and the impact on value must be considered for such items as demolition, environmental remediation, relocation of utilities, lease buy-outs, and other work necessary to make the site developable. The property must be valued assuming that the highest and best use is the proposed use, Page 34 • Tax Incremental Financing Policy and Application Overall Pro ect Summary and Objectives: _]0 uare foot restaurant and entertainment facility address storm water management Issues as part of the Aviation Plaza group, redo the surface parking, address PSC requirements for laterals, and generally redevelop the northern most parcel of Aviation Plaza. Current and Proposed Uses: — rurrantly Sin gfeA mmArdl -U.Ilding that 1s_a_ppmAmately 20,(l00 sn fe®t sits vacant. This building haste?units. We intend to use the larger unit as a support facility for the new 35,600 restaurant/gaming facility, The remaining unit we Intend make Into a condominium and sell, or possibly lease. Description of End Users: The-Mineshaft restaurant an-d-famfly-entedainment center will provide low cost meals In a family oriented dInIng— environment. In addition, approximately half of the facility will be used for a large game room and private party rooms, Property Summary: Describe any zoning changes that will be needed: Parcel/Land Area: SF _ No zoning changes Building Area: SF # of Dwelling Units: # of Stories: # of Parking Spaces: Identify any other approvals, permits or licenses (i.e. Liquor License, Health Department, etc): Will need liquor license and health department approval to open the restaurant. Describe briefly what the project will do for the property and neighborhood: Construction of the new building and updating the parking lot and landscaping will substantially improve the appearance of the site, The storm water management capabilities will Improve the overall management of the Stringham creek water shed, We anticipate the entertainment facility to draw approximately 10 to 12,000 visitors to the site substantially improving the viability of other commercial enterprises with the increased traffic. Page 35 Tax Incremental Financing Policy and Application Please complete and submit the following information to the City of Oshkosh for a more detailed review of the feasibility of your request for Tax Incremental Financing (TIF) assistance. The application is comprised of five parts: 1, Applicant Information 2, Project/Property Information 3, Project Narrative 4, Project Budget/Financial Information 5, Buyer Certification and Acknowledgement. Where there is not enough space for your response or additional information is requested, please use an attachment. Use attachments only when necessary and to provide clarifying or additional information, The Department of Community Development (DCD) reviews all applications for TIF assistance. Failure to provide all required information in a complete and accurate manner could delay processing of your application and DCD reserves the right to reject or halt processing the application for incomplete submittals, For further Information please refer to the "City of Oshkosh Tax Incremental Financing Policy" document or call the Economic Develo ment Division at 920.235,5055 Applicant Information: Legal Name: Mineshaft Oshkosh, LLC Mailing Address: PO Box 270422 Primary Contact tt: 262 224 0652 Cell it: _ E-mail: FAX##; Attorney: Legal Entity: Individual(s) Joint Tenants Tenants in Common Corporation X LLC Partnership Other If not a Wisconsin corporation/partnership/LLC, state where organized: Will a new entity be created for ownerships Yes No Principals of existing or propoied corporation/partnership/LLC and extent of ownership interest, Name: Address: Title: Inferest: Tom Masters 5488 Pleasant Hill Road Hartford WI Managing member 100% Is any owner, member, stockholder, partner, officer or director of any previously identified entities, or any member of the lmmediate family of any such person, an employee of the City of OshkosM Yes No X If yes, give the name and relationship of the employee: Have any of the applicants (including the principals of the corpora tlon/part nership/LLC) ever been charged or convicted of a misdemeanor or felony? Yes X No If yes, please furnish details: Forty-seven years atno Mr Masters was convicted of a felonystiug-possesslo cn harge. The charge was Giffisp uently pardoned by the Governor of the State of Wisconsin. Page 36 • Tax Incremental Financing • P olicy n a and Application _ . . . . . . 1 Piling Requirements You must provide all of the following items with your signed application; I. Pee: An application fee of 1%of the requested TIF assistance or $10,000, whichever is greater, This fee is to cover City costs associated with evaluating the TIF application and does not cover the use of outside consultants, which If required will be paid for by the applicant, Make your check payable to the City of Oshkosh. 2. Site Maps: Provide a map that shows fhe location of the site, Also provide a map that focuses on the project and its immediate surroundings. Both maps should be no larger than 11 xl 7 inches. Larger maps will be required for projects presented to the Plan Commission, Redevelopment Authority, or Common Council, 3. Project Renderings: Provide preliminary architectural drawings, plans and renderings for the project. These drawings should be no larger than 11 x17 inches. Larger maps will be required for projects presented to the Plan Commission, Redevelopment Authority, or Common Council. Notes • The City retains an administrative fee of 5% of the annual tax increment revenue. • If the project requires planning and zoning approvals, you must make these applications concurrent with this request, Agreement I, by signing this application, agree to fhe following: 1. I have read and will abide by all the requirements of the City for Tax Incremental Financing, 2. The information submitted is correct, 3. 1 agree to pay all costs involved in developing Project Plan or Development Agreement. These costs may include, but not be limited to, bond counsel, outside legal assistance, outside financial assistance, planning, engineering, etc. and all costs involved in the issuance of the bonds or loans to finance the project, 4. 1 understand that the City reserves the right to deny final approval, regardless of preliminary approval or the degree of construction completed before application for final approval, 5. The undersigned authorizes the City of Oshkosh to check credit references and verify financial and other information. 6. The undersigned also agrees to provide any additional Information as may be requested by the City after filing of this application. Applicant Name Date - 1tQ t Page 37 Tay Incremental Financing �` • Policy a dApplicationn Please complete and submit the following information to the City of Oshkosh for a more detailed review of the feasibility of your request for Tax Incremental Financing (TIF) assistance.The application is comprised of five parts: 1. Applicant Information 2. Project/Property Information 3. Project Narrative 4. Project Budget/Financial Information 5. Buyer Certification and Acknowledgement. Where there is not enough space for your response or additional information is requested, please use an attachment. Use attachments only when necessary and to provide clarifying or additional information. The Department of Community Development (DCD) reviews all applications for TIF assistance. Failure to provide all required information in a complete and accurate manner could delay processing of your application and DCD reserves the right to reject or halt processing the application for incomplete submittals. For further information please refer to the"City of Oshkosh Tax Incremental Financing Policy"document or call the Economic Develo ment Division at 920,235.5055 Applicant • • • Legal Name: Extreme Customs, LLC Mailing Address. 3420 Jackson St Oshkosh WI 54901 Primary Contact 4: 866 680 7467 Cell #: E-mail: tyler.reilly65)extremecustoms.com FAX#: Attorney: Legal Entity: Individual(s) Joint Tenants Tenants in Common Corporation X LLC Partnership Other If not a Wisconsin corporation/partnership/LLC, state where organized: Will a new entity be created for ownership? Yes X No Principals of existing or proposed corporation/partnership/LLC and extent of ownership interest. Name: Address: Title: Interest: Tyler Reilly 3420 Jackson St Oshkosh WI 54901 Managing member 100% Is any owner, member, stockholder, partner, officer or director of any previously identified entities, or any member of the immediate family of any such person, an employee of the City of Oshkosh? Yes No X If yes, give the name and relationship of the employee: Have any of the applicants (including the principals of the corporation/partnership/LLC) ever been charged or convicted of a misdemeanor or felony? Yes No X If yes, please furnish details: Page 38 • Tax Incremental Financing Policy and Application Overall Project Summary and Objectives: We will purchase and renovate the existing JC Penny and Miles Kimbal retail buildings. Renovations include extensive facade improvements, an interior reconfiguration to include a retail space, office space, an auto shop, and warehousing space. We will being the site laterals into compliance in addition to aiding in the overall site stormwater management. Current and Proposed Uses: Presently the two retail buildings sit vacant an unused on the site. We propose to operate a custom rims and tires facility that does substantial online sales. Description of End Users: Extreme Customs is an existing business that has operated on Jackson St in Oshkosh for the past decade. We sell custom rims and tires and associated products and services. Locally we provide installation of our products. However, the majority of our revenue comes from online retail sales. Our team has expertise with automotive products along with technology and marketing skill sets. Property Summary: Describe any zoning changes that will be needed: No zoning changes Parcel/Land Area: 288.089 SF Building Area: :. 60,485 SF if of Dwelling Units: 0 # of Stories: 1 # of Parking Spaces: Identify any other approvals, permits or licenses (i.e. Liquor License, Health Department, etc): None Describe briefly what the project will do for the property and neighborhood: Renovation of the existing buildings will substantially improve the aesthetic appeal of the overall site. The storm water management capabilities will improve the overall management of the Stringham creek water shed. Page 39 • Tax Incremental Financing • Policy nd Application m I a Project Timetable Date Final Plan/Specification Preparation: May 2019 Bidding and Contracting May 2019 Firm Financing Approval: May 2019 Construction/Rehabilitation: June 2019 - Sept 2019 Landscaping/Site Work: June 2019 - Sept 2019 Occupancy/Lease Up: Oct 2019 Development Team Developer: Tyler Reilly Architect: Vision Architecture Surveyor. Contractor: CR Structures Other Members: Describe Team expertise and experience in developing similar projects: Mr Reilly has operated his present location since 2011. CR Structures has significant experience building and renovating commercial space. Other current Team projects in development: None Financial ability of the applicant to complete the project: Between the cash reserves, equity, and anticipated financing through Hometown Bank, Mr. Reilly has the financial resources to complete the project. History of use of other city or government financial incentives: A part of this pro-'ect the Aviation plaza team has requested assistance through the WEDC Idle ites Grant program Professional Studies Market Studies: Applications for commercial and residential projects may at the option of the city be required to include a comprehensive market study. The market study should identify target markets, analysis of competition, demographics, market rents, letters of intent/inferest from prospective tenants, or for housing developments, sale prices or rental rates of comparable properties. Appraisal: All projects that involve the transfer of land may at the option of the city include a recent appraisal. Projects that include land as a form of equity or collateral must also submit a recent appraisal. The appraisal must value the property "as is", and the impact on value must be considered for such items as demolition, environmental remediation, relocation of utilities, lease buy-outs, and other work necessary to make the site developable. The property must be valued assuming that the highest and best use is the proposed use. Page 40 • Tax Incremental Financing Policy andApplication Sources and Uses of Funds Identify the sources of funds used to finance the project. Typical sources include equity, lender financing, mezzanine financing, government financing, other anticipated types of public assistance, and any other types or methods of financing. Uses of Funds Amount ($) $ per SF of Building Area Land Acquisition: $3,250,000 Demolition: Environmental Remediation: Site Clearance and Preparation: Soft Costs/ Fees: Soft Cost Contingency: Hard Construction Costs: $2,106,896 Total Project Costs: $5,356,896 Sources of Funds % of total project costs Equity Developer Equity: $ % Other 'Equity:( cash ) $ 900,000 17 % Total Equity: $ 900,000 17 % Loans Rate Term Construction Financing: $ % mos. % Permanent Financing: $ 4,240,059 5.25 % 20 yrs. 7,q % TIF Assistance $ operationalize 0 % Other: ( vvFnc: - isG j $ 216,837 4 Total Sources of Funds $5,356,896 100% Financing Source Amount Terms: Years/Interest Contact Information Equity: Loans 1 : Hometown Bank gate Kok nkok htbwi.com 2: 3: 4: Page 41 • Tax Incremental Financing Policy and Application Filing Requirements You must provide all of the following items with your signed application: 1. Fee: An application fee of 1%of the requested TIF assistance or$10,000,whichever is greater.This fee is to cover City costs associated with evaluating the TIF application and does not cover the use of outside consultants, which it required will he paid for by-the applicant. Make your check payable to the City of Oshkosh. 2. Site Maps: Provide a map that shows the location of the site. Also provide a map that focuses on the project and its immediate surroundings. Both maps should be no larger than 11 x17 inches. Larger maps will be required for projects presented to the Plan Commission, Redevelopment Authority, or Common Council. 3. Project Renderings: Provide preliminary architectural drawings,plans and renderings for the project. These drawings should be no larger than 1 I xl 7 inches. Larger maps will be required for projects presented to the Plan Commission, Redevelopment Authority, or Cornmon Council. Notes • The City retains an administrative fee of 5% of the annual tax increment revenue. • If the project requires planning and zoning approvals,you must make these applications concurrent with this request. Agreement I, by signing this application, agree to the following: 1 . I have read and will abide by all the requirements of the City for Tax Incremental Financing. 2. The information submitted is correct. 3. 1 agree to pay all costs involved in developing Project Plan or Development Agreement. These costs may include, but not he limited to, bond counsel, outside legal assistance,outside financial assistance, planning, engineering, etc, and all costs involved in the issuance of the bonds or loans to finance the project. 4. 1 understand that the City reserves the right to deny final approval, regardless of preliminary approval or the degree of construction completed before application for final approval, 5. The undersigned authorizes the City of Oshkosh to check credit references and verify financial and other information. 6. The undersigned also agrees to provide any additional information as may be requested by the City after filing of this application. Applicant Name Dated 119 Page 42 APPENDIX S INVISTA ANALYTICS MINESHAFT OSHKOSH MARKET STUDY and INVESTMENT ANALYSIS REPORT April 26, 2019 (Updated June 25, 2019) Prepared Exclusively For: Thomas Masters Masters Oshkosh LLC Prepared By: Timothy M Hess, PhD Invista Analytics, LLC member of A I inf AMERICAN STATISTICAL er ASSOCIATION Page 43 CONTENTS: Introduction/Objective .........................................................................1 MarketStudy .........................................................................................2 Methodsand Data.............................................................................2 Results ..............................................................................................3 Overall Investment Analysis ................................................................3 Budgetand Funding ........................................................................3 TIF Payment Schedule......................................................................4 Operational Proforma ....................................................................6 Business Valuation on Reversion .................................................. 8 Return On Investment ..................................................................... 9 Page 44 INTRODUCTION /OBJECTIVE Invista Analytics, LLC (IA) has been engaged to conduct a market study and investment analy- sis for a proposed Mineshaft restaurant and family entertainment facility to be constructed with- in the Aviation Plaza Center in Oshkosh, WI. The Mineshaft restaurant, under the ownership of Thomas Masters, is a 25,000 square foot facility located in the downtown of Hartford, WI. This facility offers approximately 14,400 square feet of restaurant and dining space, along with approximately 5,500 square feet of game room and entertainment space and serves roughly 8,000- 10,000 guests per week. Mr. Masters is proposing to open a second mineshaft location within the Aviation Plaza center. This new facility, will be approximately 35,600 square feet, with roughly half of the space dedi- cated to the dining and food service operations, and the other half dedicated to the game room and entertainment space. Plans call for the new facility to be located on the old Walmart site that was vacated in 2003. Mr. Masters presently owns the site. However, the development of this site, has a fair number of hindrances to include issues with storm water management, unstable soils, and non-con- forming water and sewer laterals that are shared with neighboring parcels. In addition to the site conditions,the financing for this project also poses some unique challenges. Total estimat- ed investment needed to complete the project is$16.25 million. While the facility in Hartford has a long history, obtaining financing for a new endeavor in a new market makes it such that financial institutions are hesitant to borrow anything more that$8 million. This makes any addi- tional site costs especially burdensome requiring the investment team to bring in a 50%equity position. Given the extraordinary costs associated with this site, Mr. Masters, along with the neighboring parcel owners, have approached the City of Oshkosh about the possibility of utilizing Tax Incre- ment Financing to make the redevelopment feasible. While the location of the proposed district is outside the city's intended TIF focus of downtown and/or central city, staff has acknowledged the existence of the extraordinary site conditions and noted that the redevelopment of this site accomplishes a specific goal in the City Center Corridors Plan'. In addition, the department of public works has requested that the stormwater plan address more capacity than might be required of the Aviation Plaza site alone in an effort to aid in the overall Stringham Creek watershed management. City staff invited the development team to present these findings to the Oshkosh Common Council on February 12, 2019.At this public meeting members of the council suggested that they would be willing to accept and review a formal TIF application for consideration. Given this ask for financial assistance, Invista Analytics has conducted significant quantitative market research to determine the likely potential increment generated through a bayesian transitional market factor analysis study. We then document the anticipated costs of the project and potential increment generated.A discounted cash flow analysis is conducted to determine a probable valuation of the business. Finally, return on investment metrics were calculated on the with TIF and without TIF investment scenarios. Figure 1-Overhead view of site and rendering of front entryway to proposed Mineshaft facility. ve. .1 h y - i ' u I 1. 44 1.https://www.ci.oshkosh.wi.us/PlanningServices/Documents/DRAFTOshkoshCorridorsHQ.pdf page 29,accessed April 1,2019 MINESHAFT OSHKOSH INVESTMENT ANALYSIS 1 Page 45 MARKET STUDY SUMMARY To determine the likely potential income to be generated by the proposed entertainment facility we employed a bayesian transitional market factor analysis. The idea of this approach is to utilize the market factors of both an existing location and the new location to predict the likely impact of bringing a commercial operation into a new market. In this case, the original Mine- shaft location in Hartford appears to have achieved maturity as evidenced by its fairly stabilized revenue stream. Specifically over the past three years revenue growth has averaged 1.3%. Thus applying this method, we anticipate finding the stabilized revenue of the new facility. Methods and Data To conduct the analysis Invista Analytics first acquired a relative performance index(RPI)data set from FRANdata. The RPI is a semi-blinded metric in that the interpretation of each value is the relative performance of each location relative to the performance of the average location. The description of the franchise from which the data was sampled is as follows: "National high-volume entertainment and dining venues offering customers fun upbeat atmosphere with interactive video and gaming options for families while serving high quality food and beverages" The data set included 66 locations across 32 states. One of the locations contained in the data set subsequently closed. Thus for the 65 remaining locations, IA staff collected the following market factor variables. Exponentiated Probability 50 Mile Population: For each location, concentric rings with 10 mile radii were determined. Esri data was then used to determine the population within each ring. These populations were then weighted using an exponential density function. This method reflects the likelihood that potential customers are more likely to visit the closer they live and/or work to a commercial enterprise. Figure 2 shows the concentric rings applied to the Oshkosh and Hartford locations with shading representing the exponential weights. Figure 2-Concentric 10 mile radius rings around existing Mineshaft location and proposed location in Aviation Plaza. snawano - nela �y agoma eye Green y WsconslnV Plaresr^1 Kewaunee PaPids Asnw ben Nekoosa upaca o� leton W E 'Q° anito o � adems Qy Exponential Weighting ninon Radius Weight Fond du L 0-10 mi 0.6076 nausta_n eboy 10-20 mi 0.2421 Wlsconain 20-30 ml 0.0965 Dells 30-40 ml 0.0385 Feedo burg Pona aaaboo 40-50 ml 0.0153 9unP v Fesn Madi n 0 ilw kee Igevllle Flichburg 0 Waukesha Point Rac' Janes Kenosha 6eloit Relative Retail Ranking: For each location, IA staff contacted either a community development staff member of the municipality or the local economic development entity and asked them to rate the location relative to other retail locations within their respective geographic regions on a scale of 1 to 10,with 1 being the lowest or least desirable retail location, and 10 being the highest or most desirable retail location. Facility Size:Satelite imagery using Google Maps and/or Bing Maps with respective scales were used to ascertain approximate facility footprint. Google street view, or Bing's Bird's Eye views were used to determine if a facility might in fact have more than one floor, or if the facility was co-located in a strip mall or other multi-tenant facility. In these cases, IA staff 2 INVISTA-ANALYTICS.COM Page 46 conducted a brief phone interview with facility staff to ascertain approximate size of the facility. In one case, the facility had apparently been closed since the RPI data set was assembled. This record was thus dropped from the analysis data set. Indirect/Direct Competitor Count(3 mile radius):The Google search engine was employed using the search term"restaurants near<address>". Data was sorted by distance and a count of the number of restaurants within 3 miles was recorded. Staff reviewed the list and identified any facility that appeared to market substantial entertainment offerings that might include a substantial gaming component. These facilities were recorded as direct competitors, while the remaining restaurants were recorded as indirect competitors. A subset of four facilities were randomly selected from the 65 usable records in the RPI data- set. Two different staff members reviewed all 98 total restaurants located within 3 miles using the Google search results and independently rated each facility as either a direct or indirect competitor. We found an inter-rater reliability of 99%finding agreement on all but one facility. We then used a bayesian quantile regression analysis to predict the log of the RPI metric given the market factor variables utilizing the bayesQR Iibrary2 in the R statistical computing envi- ronment version 3.5.3. Our model allowed for up to 3 way interactions. The pior mean vector of parameters were all set to zero. We employed 1,000 burn-in iterations and 10,000 MCMC runs. The expected value of the posterior distributions of the model parameters were then used along with the market factor data from both the Hartford and Oshkosh locations to predict the RPI for each location. Results The resultant predicted RPI values were 1.131 for the Hartford facility and 1.942 for the Oshkosh facility. Given the Hartford location had a total revenue of$6.061 million dollars, the bayesian estimation would suggest the Oshkosh location would achieve$10.407 million dollars in revenue after maturity and achieving full market penetration. To assess the potential range of variability of potential revenue, we conducted 1,000 simulations bootstrapping the RPI data locations with replacement. For each simulation we proceeded as before with the bayesian quantile estimation only using 100 burn-in iterations and 1,000 MCMC runs.A95% prediction interval for the revenue ranged from$7.25 million dollars up to$13.22 million dollars. For context,the average revenue per store for Dave and Buster's Entertainment this past year reported in their April 2, 2019 annual report to the SEC was$10.457 million3 whereas the average for a Chuck E Cheese franchise location was$1.167 million^.Additionally, underwrit- ers with a local bank independently arrived at revenue threshold intervals of$8, $10, and$12 million when considering potentially financing the projects. OVERALL INVESTMENT ANALYSIS Budget and Funding We first consider the detailed budget and sources of income. The table on the next page lists all expected expenses. Specifically we have identified$1,934,994 total expenses related to site improvement costs including storm water management with additional capacity requested by the city's department of public works, water and sewer laterals, costs associated with poor soil conditions, and curb and gutter and driveway aprons. The total development costs identified surpass$16.1 million. On the funding side, we note that the proposed project brings its own unique challenges. While several financial institutions have committed to financing the project, all of them have set their limits at approximately$8 million.At present, BMO Harris bank has committed to financing $8 million during the construction phase so long as WBD commits to financing$4 million through the SBA 504 program upon completion of the project leaving each with$4 million in loan com- mitments. Several bankers have noted that this is likely one of the largest, privately financed new market restaurant/entertainment facilities being opened in Wisconsin. Given this limitation in financing, the extra site improvement costs become especially cumbersome. 2.D Benoit,D Van den Poel 'bayesQR:A Bayesian Approach to Quantile Regression'J.Stat Software 76(7),2017 3.http://ir.daveandbusters.com/annual-reports Annual Report dated April 2,2019 page 31.Accessed April 18,2019 4.https://cecentertainment.gcs-web.com/sec-filings Annual Report dated April 8,2019 page 25.Accessed April 18,2019 5.Personal conversation with loan officer on April 19,2019 MINESHAFT OSHKOSH INVESTMENT ANALYSIS 3 Page 47 Detailed Project Budget Amount Notes Acquisition&Site Pre Land Acquisition 3,250,000 Subtotal $3,250,000 Soft Costs Fees Developer Fee(5%) 610,348 Appraisal 5,000 Professional Services 32,000 Insurance 6,000 Construction Insurance Building Permit In Keller Bid Mortgage Fees 30,000 BMO&WBD Fees Construction Interest 134,167 10 Build-loan @ 4.75 for 6 mo Marketing 35,000 Real Estate Taxes 56,193 Jan-20 Contingency 140,000 Subtotal $1,048,707 Hard Costs Building 8,238,760 Keller($1,934,994 site/TIF Eligible) Kitchen Equipment 750,000 Edward Don Bar Equip/Dishes 100,000 Furniture 400,000 Electronics/Networking/AV 112,000 Start up Inventory 200,000 Decorating 150,000 Signage 300,000 Gaming Equipment 1,700,805 Drouillard Int Sales Subtotal $11,951,565 Total Project Costs $16,250,272 Source of Funding Permanent Financing 8,000,000 BMO&WBD Land&Equity 3,860,348 WEDC Idle Sites Grant 210,086 TIF Monetization 1,124,478 Other Cash Funds 3,055,360 cash from developers) Total Source of Funds 16,250,272 The investment team is contributing the land and the development fee as equity. Further, the city has applied for an Idle Sites Grant through the Wisconsin Economic Development Cor- porationration to help offset the site improvement costs across the entire aviation plaza site. While the total grant award might be$500,000, the three individual owners have agreed to al- locate the proceeds roughly in proportion to the amount of eligible costs each owner will have. The Mineshaft team anticipates$210,086 in proceeds from the WEDC grant. The development team anticipated bringing roughly$3 million in cash to the project. The devel- oper is seeking $1.124 million in development assistance, of which the details of payback will be discussed in the next section. TIF Payment Schedule Invista staff has met with the city assessor on several occations to discuss the present and future assessed values of the proposed Minshaft and other Aviation Plaza parcels. The base assessed value of the site as it sits today is$2,275,000. The new building is likely to add an additional$201.50 of value per square foot.At 35,600 square feet, we anticipate that the over- all site assessment will increase$7.175 million to a total assessed value of$9,450,000. The development incentive payback schedule appears on the following page. We anticipate that approximately$3.225 million of increment will be added to the site by January 1, 2020, 4 INVISTA-ANALYTICS.COM Page 48 m m � ry ry � m o n ry m o ry ry m n ry m N a w m w m w w m o ry m m ry m m m m a m w ry m N N o3 a " y a �n o n ry m m .� m �o m m a en m c m ry m v m o .� j,� z O o 0 0 o"- "ow "o, "ow 0 0 0 N N a E on ry ry m o m N aN N N N N N N N N � aaaaaaaa � �o � m m en o 0 0 0 0 0 0 0 0 0� .� o v v v v v v v v v 0 0 o - 3 o o o o o o o o o o o .a LL o o o o o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 o u F c co E m o N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 t m m m m m m m m m m m m o m m m o o m m x ° vry � o ry c m - ° .� ry ry ry ry ry ry ry ry ry m � 0 5 O O O O O O O O O O O o f p \ ry ry ry ry ry ry ry ry ry ry 3 d � z o o o W o o o o o o o o o o o ° o o 0 0 0 0 0 0 0 0 0 0 0 0 0 o O ry a o 0 0 0 0 0 0 0 0 0 0 c ry v w ry N N N N N N N N N N Z i O Eo n n n o o o o o o o o o o o G v Q o o 0 0 0 o o o o o o o 0 0 0 c c 0 0 0 0 0 a F O O O O O O O O O O O E L T o W V V V V V V V V V V L �_ - 0 X o w - W O O a 3 L d W O N m. V vt w W m o C 1 W K G O O O O O O N O O O O . F V - O m o - c while the full project will be completed by April 2020 such that the full increment will be as- sessed January 1, 2021. MINESHAFT OSHKOSH INVESTMENT ANALYSIS 5 Page 49 We calculate the increment available to pay back the note as 90%of the increment generated. Further, we allocate$4,000 annually for the city for administrative expenses. The remaining increment we propose be allocated to the Rogan's TIF payback(labeled as'Inc to Rogans' in table).Assuming a 5.25% interest rate on the municipal revenue obligation note, we find the increment generated is sufficient to pay back the note in 10 years. Operational Proforma The operational proforma, both with and without TIF assistance can be found on the following two pages.As noted previously, the estimation method predicted an 'as stabilized' revenue of the new location of$10,407,000.We anticipate this taking 3 years to achieve full market pene- tration. We anticipate 70%of the full revenue in year 1 and 90% in year 2. We used the relative proportion of revenues seen in the Hartford facility, that being food and beverage accounting for 75%of the total revenue while the game room comprising approximately 25%of revenue. After year 3 we assume a 1.3%annual increase in revenues as seen in the Hartford facility. For cost of goods sold we used the ratio of cost to revenue found at the Hartford facility. We note the food and beverage cost are slightly higher than industry averages. This is consistent, however, with the strategic plan to offer low priced food to bring customers in knowing that the majority of profitability comes from the gaming operations. The operating expenses were estimated from actual bids, direct calculations with known rates, or approximate estimates based off of expenses realized at the Hartford location. One expense that might be materially different is the advertising expense. Mr Masters has expressed the de- sire to substantially increase the marketing budget for the new operation in an effort to achieve market penetration and stabilization. To achieve this, the new operation is proposing a budget of$400K annually, which is 3.8%of revenue. While this is a meaningful increase from the 3.3% presently spent at the Hartford location, in part this can be attributed to the fact that the operation has already achieved market penetration and maturity. For comparison, Dave and Busters reports a 3.2%expenditures while Chuck E Cheese reports advertising expenditures of 5.3%of revenue7. The City of Oshkosh TIF policy and application suggests that in the case of Owner-Occupied Commercial projects that the analysis of financial need be based on the company's minimum threshold needed. Through further discussions with city staff, it was determined that this benchmark is rather arbitrary. Rather we will attempt to frame the need based on a 10-year Internal Rate of Return (IRR). In the case of residential or commercial development where the intended approach is to lease out the project, the IRR accurately reflects the return on the pas- sive investment. In this case, given the owner intends to operate an active business, the IRR calculation will reflect both the return on the initial investment of money to start the business, but also the return on the owner's efforts to operate the business. One approach to accurately reflect just the return on initial investment is to agree upon a compensation for the owner's efforts in operating the business. Proceeding forward, we will count this as an expense to the business for the IRR calculation. We anticipate Mr Masters, and his partner,William Masters, each spend roughly 75%effort, or 1.5 total FTE operating this new endeavor. In return, they will be paid 1.7%of the total revenue as a salary. The first year this would work out to a total annual 1.0 FTE salary of$82,562 and increasing to$117,946 by year 3 once the operation has achieved operational maturity. In general, unless based off a direct calculation, it is assumed that operational expenses will in- crease by 1%annually. Note year 5 we anticipate an additional expense in accounting to assist in the likely look-back clause we anticipate to be included in the development agreement with the city. We assume the primary financing will be subject to a 5.25% interest rate amortized over 20 years. Further, our experience with lending institutions is that they prefer an amortization schedule to start immediately upon delivery of the TIF note funds despite the likelihood that the TIF district not produce any increment till year two or later. Thus for the TIF monetization we assume a straight 10 year amortization again with a 5.25% interest rate. 6.http://ir.daveandbusters.com/annual-reports Annual Report dated April 2,2019 page 9.Accessed April 18,2019 7.https://cecentertainment.gcs-web.com/sec-filings Annual Report dated April 8,2019 page 33.Accessed April 18,2019 6 INVISTA-ANALYTICS.COM Page 50 m � m vl - m o - ' o a o v w a n .�+ `� o v m i° v v r�i r�i o m a a m o a a a r� v o Ir"i v o .+ a oo n c vi r7 vN n rri v m r1 � oc �r1 v m i vri m a .min v i° ooM 0 M N 16 cri y v m a ww w o Nm of rvi o 0 16 16 16 w r1 v v .min vle o i° v w oo w v NN n o0 ^ v^i m m o °S of n ry 6 i v m `N m m v m o0 o v w m `m ma w wv�i o o N v vw w vwo n nNg �o o vo ow o V a r6 v v 16 o v o 3 oo n v v v o m r-i o o v w o v v v a r�i m n i m e w v 16o r�i 16 16 a i.16 6 a rmi oo a r�i 16v o0 ° a_ N^o .min v .n.n"^.X.`"n .n .n.nm r aW o 0o v�i v v a r�i n m w o m ^ n o0 ° `m m n v n n w v n m a a N n w °'m i o v N v v om O1 a ' ai on o ri v 'O V mN m n.11 .n.11 a a 8 yy voi O w v N N v m O V V voi V N NN n c n a v o N a oo v w n o0 i o o w m a im 1O .�+ 1O v v ry v N v o 16 a m y N v o 'N" v v w m N w1w n oN ry o O1 N v i. om a n 8 o 2 m m } v w o m w I o v.I w v o'^.i..N"�' N N ry a vmi .n N `�.ai "n v o oo a° 'n o o '^ y m y 0 — @J a° -O 'oo 03 o m � a N m z z � o N y w _ s ��a a ZL c @� _ m N m o x N � _ otf u'� F m o a _ - L °^ o o w ob 17 v on E u N m 0 w v x '^ u ° ° _' a >u J o u o. n c o E o `o 0 1p o ° - > E ,� o 'a - o o z E LL O O O u -o l'/ l7 O - m v H 0 0. c a � � ¢ LL l'/ l'/ � G L—Lz u O lD z lD r Z u 0 F F i For the without TIF scenario the only change is that TIF recapture and TIF note debt service is removed from the bottom two lines. The net cash flow upon stabilization at year 3 start is roughly$921K and$903K in the TIF and without TIF scenarios respectively, and increase steadily to roughly$1,178K and$1,155K by year 10. During the subsequent years the difference between the 2 projections is roughly$17K that results from the disparity in how the bank finances the TIF note verses how it is likely paid out through the TIF funding mechanism. MINESHAFT OSHKOSH INVESTMENT ANALYSIS 7 Page 51 m m ao o n a o� ry o o N o N m m N L/1 O N n N 0 L/1 o� h O T 0 tR O m o� N W tD N V W o� m n N W m vV'n N W O h n r-i h V'h c6 N NC T m . 1 m . O mm h V N Vl Vl Vl m M Vl Vl V h .ai W ry T ,n ,n ,n o n o N o a rD W V V N V O V V O W O N o n ro m N .� o o m m m .� ^ m ry m a N N N ry m m m o m�n m a ry o o N v n m io m m n W N N N o m tND h O m I O O m NIli Ili N tD O 00 N N I m a m vrvi a N +n +n+n +n+n a v"'i o I T tD 00 T O M N M vrvt O W V m N V h N V V O n W O t�D 1. 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Q — v V ° l7 l7 0 ° m K H l9 O. c K O ¢ u ¢ ¢ m O K u l7 m 2 O u p O - W K V Z V Z Business Valuation on Reversion In order to calculate the Internal Rate of Return (IRR)we first need to calculate an assumed reversion at the end of year ten. We performed a 6 year discounted cash flow method with a 20 year residual valuation. It is typical when conducting a valuation on a business to do so based off of projected future revenues after income taxes. Thus we adjust the net operating income from year 11 to include depreciation and interest expenses so that an estimate of income taxes can be calculated. We assume a straight line depreciation of 39 years on the building. The technology, furniture, and food prep equipment have a 5 year depreciation and so will have already been taken. 8 INVISTA-ANALYTICS.COM Page 52 Discounted Cash Flow Business Valuation Year R+1 Year R+2 Year R+3 Year R+4 Year R+5 Year R+6 Growth Rate 2.2% 2.2% 2.2% 2.2% 2.2% Net Operating Income $1,867,756 $1,908,847 $1,950,841 $1,993,760 $2,037,623 $2,082,450 Other Expenses Depreciation and Amortization Expense (205,128) (205,128) (205,128) (205,128) (205,128) (205,128) Interest Expense (254,426) (233,319) (211,076) (187,637) (162,938) (136,910) (459,554) (438,447) (416,204) (392,765) (368,066) (342,038) Pre-Tax Net Income 1,408,202 1,470,400 1,534,637 1,600,995 1,669,557 1,740,413 Income Taxes(21%Fed,7.9%State) (406,970) (424,946) (443,510) (462,688) (482,502) (502,979) After-Tax Net Income 1,001,232 1,045,454 1,091,127 1,138,307 1,187,055 1,237,433 Adjustments to Determine Cash Flow Depreciation and Amortization Expense 205,128 205,128 205,128 205,128 205,128 205,128 Change in Debt 392,464 413,572 435,814 459,253 483,953 509,981 Net Cash Flowto Equity 1,598,824 1,664,154 1,732,070 1,802,689 1,876,136 1,952,542 Present value factor(@12.5%) 0.8889 0.7901 0.7023 0.6243 0.5549 0.4933 Present Value Net Cash Flow $1,421,177 $1,314,887 $1,216,488 $1,125,410 $1,041,122 $963,131 Residual Value Summary Cash Flow 1,952,542 Sum of PV Net Cash Flows $7,082,215 A CF Growth rate 4% Residual Value $8,298,304 Direct Resid Factor(20 yr) 4.25 Indicated Value $15,380,519 $8,298,304 We assume the new corporate tax rate of 21%for federal and 7.9%for state income taxes. Typically, unless a company is publicly traded, the discount rate, or the return a prospective buyer anticipates is likely to be within the 10 to 25% range. Starting at the minimum, of 10% and then adding premiums for a small business and the risk associated with running a restau- rant, a 12.5%Weighted Average Cost of Capital would seem to be a conservative estimate for use resulting in possibly an over estimate of value. Proceeding across time, we use the growth rate from year 10 to year 11 of 2.2% in NOI. We employed a direct 20 year residual valuation using the 4%growth rate in net cash flow to equity. The formula for the Direct Residual Factor at 20 years is given by 20 1.04' DRF= I=11.125i+6 i=1 which resulted in a direct residual factor of 4.25. The sum of the present values of the cash flows totaled$7,082,215, while the residual value totaled $8,298,304, resulting in a total indi- cated value of$15,380,519. Return on Investment Assuming that the aviation plaza group is awarded the idle sites grant through the WEDC, and that the city council and joint review board would approve the TIF incentive, the development team would need to contribute in cash and equity$6,915,708 to finish the project. If TIF were not used, the team would have to contribute$8,040,186. There exists an approximately 20,000 square foot building on the parcel owned by the devel- opment team that is split into two units. The team plans to use the 11,500 square foot space to serve as a support facility for the Mineshaft operations. We assume that after the site gets substantially redeveloped, the remaining 8,500 square foot unit could be partitioned and sold. The assessor has valued the building at$800K as it sits today. We assume a sale with$500K in proceeds at the end of year 1. We assume a 5%commission on a business broker. Further, at the end of year 10,the$8 mil- lion note would still have$5,024,390 left in principal to pay off. Thus after the sale the develop- ment team would stand to get$9,587,103 in proceeds on the sale of the business. Including MINESHAFT OSHKOSH INVESTMENT ANALYSIS 9 Page 53 Return on Investment Metrics With TIF Without TIF Net Cash Flow Reversion Total Net Cash Flow Reversion Total Initial Cash Outlay -6,915,708 -6,915,708 -8,040,186 -8,040,186 Year 1 53,126 500,000 553,126 197,906 500,000 697,906 Year 2 640,840 640,840 712,750 712,750 Year 3 920,821 920,821 903,479 903,479 Year 954,993 954,993 937,651 937,651 Year 5 987,768 987,768 970,426 970,426 Year 6 1,025,158 1,025,158 1,007,816 1,007,816 Year 7 1,061,173 1,061,173 1,043,831 1,043,831 Year 8 1,097,823 1,097,823 1,080,481 1,080,481 Year 9 1,135,120 1,135,120 1,117,778 1,117,778 Year 10 1,173,074 9,587,103 10,760,177 1,155,732 9,587,103 10,742,835 Business Valuation 15,380,519 15,380,519 Broker Commission 769,026 769,026 Mortgage Payoff 5,024,390 5,024,390 Net Reversion 9,587,103 9,587,103 10yr IRR=> 14.69% 10yr IRR=> 12.44% this amount in the year 10 reversion results in a 10 year internal rate of return of 14.69%with the proposed TIF assistance, and 12.44%without TIF assistance. Given the relatively high equity position required to complete this project in addition to the overall risk associated with a restaurant and entertainment facility, it would seem reasonable to require a rate of return higher than 12.44% in this case before proceeding with the proj- ect. Maybe more importantly from the developers' perspective than the rate of return, is the lowering of the extreme amount of cash required to implement this project. Our opinion would be that these two factors, in combination, are sufficient to make the'but for'finding required for TIF assistance. 10 INVISTA-ANALYTICS.COM Page 54 DISCLAIMER The findings presented herein are based upon the information available and received at the time this report was compiled. Invista Analytics(IA) has taken every possible precau- tion to evaluate this information for its completeness, accuracy and reliability. To the best of its knowledge, IA feels the information and conclusions presented herein are sound and reliable. It should also be understood that normal economic and marketplace conditions change con- stantly. IA assumes no responsibility for information that becomes outdated once this report is written; nor is it responsible for keeping this information current after June 25, 2019. The results presented in this report are the professional opinion of IA and are based on the information available at this time. These opinions infer proper and professional management of the business operation. The opinions also infer that market conditions do not change the information received upon which these opinions are based. IA assumes no responsibility for changes in market conditions. Furthermore, it is assumed that the reader of this report completely understands its contents, assumptions and recommendations. If the reader does not fully understand the contents contained herein, clarification should be sought from Invista Analytics. Finally, IA assumes no responsibility should the management of the proposed business ven- ture deviate from any recommendations that may have been provided in this report. Any further questions about this report should be directed to IA. Sincerely, �g� V Timothy Hess, PhD INVISTA ANALYTICS 240 Algoma Blvd-Suite A Oshkosh,WI 54901 920.203.2177 www.invista-analytics.com 11 INVISTA-ANALYTICS.COM Page 55 I NVI STA ANALYTICS Page 56 PLAN COMMISSION MINUTES July 2, 2019 PRESENT: Lynnsey Erickson, Thomas Fojtik, Michael Ford, Derek Groth,John Hinz, John Kiefer, Justin Mitchell, Thomas Perry, Kathleen Propp EXCUSED: Lori Palmeri STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager/City Engineer; Kelly Nieforth, Economic Development Services Manager; Jeff Nau, Associate Planner;Brian Slusarek, Assistant Planner; Steven Wiley, Assistant Planner;Mina Kuss, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of June 18, 2019 were approved as presented. (Hinz/Kiefer) VI. PUBLIC HEARING: PROPOSED CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 37 AVIATION PLAZA REDEVELOPMENT PROJECT; DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN Site Inspections Report: Mr. Fojtik and Mr. Hinz reported visiting the site. Staff report accepted as part of the record. Tax Incremental District No. 37(the "TID" or "District")is a proposed 27 acre in need of rehabilitation or conservation district located in the vicinity of the W. South Park Ave. and S. Koeller Street and abutting Interstate 41. The proposed district is comprised of five parcels owned by the applicants and contain approximately 117,000 sq. ft. of retail space with Rogan s Shoes as the only current occupant following the closure of the J.C. Penny Store in 2015. The former Walmart store was demolished in 2007. Mr. Lyons presented the item and discussed the purpose of the proposed TID creation. The City anticipates making total expenditures of approximately$4.84 million to undertake project identified in the Project Plan. Project costs include an estimated$1.89 million in "pay as you go" development incentives (principal and interest), $2.75 million for additional public infrastructure improvements and an estimated$200,000 in administrative costs. The City is projecting that new land and improvements value of approximately$12.4 million will result from redevelopment activity within the District. The "expected"improvements will occur on the five parcels located in the district. The developers are proposing a mixture of commercial and office uses. The developments are Extreme Customs, Mineshaft and Rogan s Shoes. The developers are anticipating being able to fully develop the district by sometime in 2020. The proposed Plan is in Plan Commission Minutes July 2,2019 Page 57 general conformance with the City of Oshkosh's Comprehensive and the City Center Corridor Plan for South Park Avenue. Mr. Fojtik opened up technical questions to staff. Mr. Hinz asked if the TIF would include any potential developments on the east side of the property. Mr. Lyons explained the TID does account for full reconstruction of the entire area. He said the storm water and utilities are being accounted for if outlot development should take place. He said the storm water management plan is already being sized to be able to accommodate that. He stated they are trying to be forward thinking in this TID. Mr. Fojtik asked Mr. Lyons to talk about the aviation component of the project and how it limits developments. Mr. Lyons showed the area of the Airport Zoning Overlay which covers most of the proposed area. He explained the overlay does not permit anything that is deemed an assembly use(hotel, restaurant, etc.). Mr. Fojtik commented any place a plane may crash. Mr. Lyons replied correct. Mr. Mitchell said it states that part of the basis for the request is that city does not have funds available to pay for the cost to rehabilitate the public infrastructure. He asked if the city did not maintain or have a revenue source for updating its' own public infrastructure. Mr. Lyons explained the public infrastructure is on the private side. He said the Public Service Commission(PSC)requires an independent waterline to each building. Ms. Nieforth clarified the city's water main is in the right-of-way. She reiterated that PSC requires a private parcel owner to have a lateral off of the city's water main to their site. She explained that is where the city does not have funds, to connect off the water main into the site. Mr. Mitchell said it states public infrastructure but it is really privately owned. Todd Taves (Senior Municipal Advisor, Ehlers), said the site has been sitting idle for an extended period of time. He explained the things that have to be done to allow for this site to develop is costly and reconstructing always costs more. He stated it has been determined that to make the project economically viable for the property owners/developers,using the TIF money to address the site conditions that are in impairment is necessary for the site to move forward. He stated it is a combination of the utility cost but also private and public costs in order to make the site attractive. Plan Commission Minutes July 2,2019 Page 58 Mr. Ford asked for confirmation that the Mineshaft would cost$16 million but could only get$8 million from the bank. He asked if the Mineshaft would have to put up the rest of the money themselves without the TIF district. Ms. Nieforth said the city made an effort, applied for a WDC grant and was granted$500,000. She said they are trying to lower the TIF assistance amount. She explained the applicants are asking for TIF assistance for under ten years which is a goal that Council does have in the TIF policy. She stated the applicants are trying to meet all the goals that Council has set forth. Mr. Ford asked if there is any type of sensitivity analysis. He said just looking at the revenues, they have a 10 million dollar stream with a range of$7 to$13 million. He said he is just curious if there is anything the city looks at with what the impact would be if it were on the lower end of the range. Mr. Taves replied one of the techniques that the city has used is the concept of pay as you go. He explained rather than the city fronting the money, the developers provide the money and would be reimbursed. He said the impact if there was less value is that the developer would be reimbursed for a longer time which would increase the life of the district. He said it would not cost the city to be out any funds. He said the other thing it would do is to the extent that there are additional infrastructure needs down the road, which is being shown as being cash funded out of the TID after the reimbursements are made to the developer, it would either reduce or delay the ability of the city to access those monies for those types of projects. Mr. Ford said the main risk to him from a land use decision is that this is for a 35,000 sq. ft. building they are funding via this TIF. He questioned what would happen if the business was not successful. Ms. Nieforth replied if the building went out of business in two years, the city would still have an updated public infrastructure installed already, laterals installed to each site that would meet code and a storm water facility that would help with the Stringham Creek watershed area. She said there would still be some value to the site though it would not be at its fullest potential but the city could still capture increment to fulfil TIF obligations. Mr. Mitchell said it is his first time going through one of these. He said during his research,he found that TIFs can create a shadow fund. He asked what kind of oversight does the city have and who determines the distribution. Mr. Taves replied when the city creates a Tax Increment District, it has to create a special fund typically a special revenue fund. He explained more about the special revenue fund. He said the city's financial statements are audited annually to include those in the Tax Increment Districts. He stated there is also a Joint Review Board involved in this process consisting of members from each taxing jurisdictions. He said one of the requirements for the TIF statue is that a report must be filed annually with the Department of Revenue that accounts for all the revenues and expenditures. The Joint Review Board also meets annually to review the reports for each of the outstanding Tax Increment Districts of the city. Plan Commission Minutes July 2,2019 Page 59 Mr. Mitchell asked who outlines what the funds are used for. Mr. Taves explained the plan is intended to be the framework for making expenditures but the fact that it is in a Tax Increment District does not change what the Council would otherwise be required to approve. He said all the expenditures go through the same process as any other city expenditure. Mr. Fojtik opened up the public hearing. Jason White, 1204 Fairfax Street, said he is with GOEDC and sent a letter this afternoon. He stated the letter confirms support of the TID. He explained how he got directly involved when he met Tyler from Extreme Customs in 2018 and helped identify a new location for Extreme Customs. He explained the process of planning and getting the approval through the city for the site. He believes the TIF needs to go hand in hand with the developments. He said the costs Tyler would incur to stay at the site with aging infrastructure is not possible for them to finance without the TIF. He stated they do believe this does enhance the corridor and improves the city as a whole. He reiterated this cannot happen without the Tax Increment District. Tom Masters, 22 N. Main Street in Hartford, said he is the owner of the Mineshaft in Hartford and also owns The Fox and Hound in the Holy Hill area. He wanted to address the viability of the restaurant. He said he has been at the Mineshaft for 44 years. He stated they have never had a bad year or a slow year. He explained it is not a bar or club and the entertainment area is a gaming area. He stated he has been at the other restaurant for 17 years and both his restaurants are doing really good. Tim Hess, 2645 Templeton Place, said he was involved in some of the analytics portions. He said the range of$7 to$13 million does mean there is substantial risks. He said they are trying to make it so the developers do not have to bring in a huge amount of money which is hard to do when it is this sort of facility. He pointed out the owners of the properties and a contractor are present to answer any questions. Mr. Fojtik closed the public hearing. Motion by Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Mr. Fojtik asked if there was any discussion about the motion. Mr. Mitchell stated it lists there are 4.6 million dollars for public infrastructure overall. He asked what percent of public infrastructure is being paid for by the city. Mr. Lyons replied the public infrastructure cost is$2.75 million which is public infrastructure cost after development incentives have been paid to the developer. Plan Commission Minutes July 2,2019 Page 60 Mr. Mitchell explained where he was adding his numbers from. He said he is trying to understand the total infrastructure cost and how much the city is paying for. Ms. Nieforth said it almost has to be broken up into two. She explained there are items the developers have to do to get the development ready which will be in the cash flow sheet. She said those costs will be taken care of at the beginning and then there are other cost the city has identified such as certain public infrastructure cost that benefit the district. She explained the TIF money cant be used for other projects that would not benefit the district directly. She reiterated the$2.75 million is the cost after the TIF assistance obligation is complete. She said they made sure there are adequate funds for the Stringham Creek watershed issues and connecting the district to other areas on the west side of 41. Mr. Mitchell said his understanding is that financial support is very important in providing for these public infrastructures just like in residential areas. He asked if the city is paying for all the public infrastructure or if they are sharing the cost with the property owners. Ms. Nieforth replied there are some costs that are identified on the site that are required to get the site in compliance that the city did not include in the TIF plan. She said the owners will be required to pay those costs. She reiterated this is a pay as you go and the developers would pay for the cost up front. She stated there are costs that would be paid by the property owners that would not be TIF funded. Mr. Mitchell asked for a rough estimate of percentage the city is paying for regarding the public infrastructure. Ms. Nieforth said without looking at the numbers that they did not include in the TIF plan, she would not feel comfortable giving a percentage. She stated there is a substantial amount that was not included. Mr. Lyons commented the developers are trying to stay under ten year which is a benchmark set by Council. He explained when Council looks at TIFs, they really like things that cash flow under ten years. He said the applicant, in looking at the numbers, only asked enough to stay under that ten year window. Ms. Nieforth asked Mr. Hess what the total TIF request was to the total investment. Mr. Hess replied$1.7 million is 7.4%of the overall investment. Mr. Ford said he wants to ensure that Plan Commission is doing its due diligence and thanked staff for answering his questions. Ms. Nieforth said it is something the city does when it is working the Ehlers. She said there is a market analysis that the city requires as part of the submittal to ensure the city can meet the TIF obligations should something happen. Plan Commission Minutes July 2,2019 Page 61 Mr. Hinz said typically Oshkosh has not been friendly to restaurants that wants TIFs. He said there have been two that have come through with multi-use developments. He stated the Mineshaft is going to dominate this property as far as what people think of when they think about the property. He said the overlay is going prevent another restaurant coming into the space. He stated this is exactly why we have TIFs because this is a gateway to the city. He said this area has been up for discussion for the last ten years. He commended everyone for working on this. Mr. Fojtik said this gives a chance to correct some mistakes from the original development in terms of building layout. He said given the long time the area has sat and the aviation overlay restrictions,he feels this is an appropriate step. Motion carried 9-0. There being no further business, the meeting adjourned at approximately 5:23 pm. (Hinz/Propp) Respectfully submitted, Mark Lyons Acting Planning Services Manager Plan Commission Minutes July 2,2019 Page 62 JULY 23, 2019 19-443 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO 2019 OPERATIONS BUDGET FOR TIF 37 AVIATION PLAZA INITIATED BY: CITY ADMINISTRATION WHEREAS, the Common Council has adopted the 2019 Operations Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2019 Budget to allow for the expenditure of funds in support of newly created Tax Increment District 37 — Aviation Plaza Redevelopment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2019 Budget, on file in the City Clerk's Office, is hereby amended with adjustments as listed in attached Amendment S. w;s Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: July 17, 2019 RE: Approve Budget Amendment to TIF 37$35,000 BACKGROUND With the approval of Tax Increment Finance (TIF) Districts #37, staff has estimated the costs that will be required in 2019 to advance the development of the Aviation Plaza Redevelopment. These development costs are not in the 2019 budget but are costs that must be paid upfront, prior to any tax increment being generated to pay these costs. ANALYSIS The development costs for the TIFs include fees paid for the creation of the districts and the documentation and agreements related to the TIF developments. These costs include: • city's financial consultant-Ehlers, • outside attorney fees, • title searches, • Department of Revenue fees • Other development costs not related to the infrastructure. These fees are an estimate of the 2019 costs. The 2020 City budget will contain estimates for future year developmental costs and will be determined by the timing of the development and needs of the TIF District as the projects proceed. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT These 2019 costs will be covered by the TIF application fee, paid by the developer. The developers will be responsible for any costs exceeding the amount covered by the TIF application fee. There is no impact to the City's operating budget. RECOMMENDATION Council approves a Budget Amendment for TIF #37 in the amount of$35,000. Submitted, Approved: #6(— Ay/ Allen Davis Mark A. Rohloff Community Development Director City Manager City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 1/1 2019 Budget Amendments 07/23/2019 Aviation Plaza(0583) Account Description(s): Amendment PROPOSED AMENDMENT: Imisc. I TOTAL Add: Contractual Services,misc.TIF cost Future TIF Increment$35,000 $ 35,000 $ 35,000 JULY 23, 2019 19-444 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ESTABLISH 2O19 TRANSPORTATION UTILITY FEES INITIATED BY: CITY ADMINISTRATION WHEREAS, the City of Oshkosh has established a Transportation Utility for the purposes of financing the reconstruction and maintenance of streets, sidewalks and associated transportation facilities within the City; and WHEREAS, Section 21-13 of the Oshkosh Municipal Code gives the Common Council authority to establish the Transportation Fee for the Utility; and WHEREAS, the Common Council finds that it is reasonable to charge property owners for their share of transportation facilities costs based on their estimated use of and impact to the transportation system; and WHEREAS, the Common Council finds that it is reasonable to establish a single fee for each dwelling unit for residential properties within the City of Oshkosh based upon the volume, size and type of vehicle traffic reasonably anticipated for typical residential parcels; and WHEREAS,the Common Council finds that for undeveloped, commercial, mixed- use, industrial and institutional parcels the amount of impervious surface reasonably correlates to the use of and impact to the transportation system considering the volume, size and type of vehicle traffic reasonably anticipated for these parcels and considering the standards of construction necessary for commercial vehicle traffic. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following fees shall be established: JULY 23, 2019 19-444 RESOLUTION CONT'D Residential Properties (properties used exclusively for residential purposes including single family homes, duplexes, residential condominiums, and multi-family units). The Transportation Utility Fee per month for Residential Parcels shall be: $4.50 x the number of dwelling units Non-Residential Properties (properties used for commercial, industrial, institutional or any other non-residential purposes including Mixed-Use & Undeveloped Properties). The charge for non-residential properties shall be based upon the amount of Developed Area on each parcel. The Developed Area Unit (DAU) shall be defined as the area of impervious surface and shall be calculated in the manner provided for calculation of the Equivalent Runoff Unit (ERU) as provided in Chapter 14 of the City of Oshkosh Municipal Code. The Transportation Utility Fee per month for Non-Residential Parcels shall be: $4.50 x the number of DAU present on the parcel (up to a maximum of 100 DAU) Unoccupied developed lots and parcels shall pay a Transportation Utility Fee based upon the zoning and prior use(s) of the property. Notwithstanding the provisions in Section 21-18 of the City of Oshkosh Municipal Code, owners of parcels wishing to file an appeal relating to the application of the Transportation Utility Fee to their parcel(s) shall do so within 30 days of this Resolution or 30 days of the Initial Sill for the Transportation Utility Fee for their parcel. Appeals shall follow the provisions set forth in Section 21-18 of the City of Oshkosh Municipal Code. BE IT FURTHER RESOLVED that the appropriate City officials are hereby authorized and directed to take those steps necessary to implement the Transportation Utility Fee for Invoices issued on and after September 1, 2019. e ti „ City f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Rohloff, City Manager James Rabe, Public Works Director DATE: May 31, 2019 RE: Analysis of Transportation Fee to Replace Special Assessments Attached is a summary of the analysis performed by staff in response to the recommendation by the Long Range Finance Committee and the request of the Common Council to replace street special assessments with a Transportation Fee. The results of the analysis are shown in the table and chart below. Staff is recommending a monthly fee of$4.50 per developed area unit(DAU)to achieve this goal. The components of the recommended fee are as follows: Category Average Annual$ $/DAU/month Concrete Paving $1,750,000 $2.42 Asphalt Paving $400,000 $0.55 Driveway Aprons $250,000 $0.35 New Sidewalk $50,000 $0.07 Sidewalk Rehab $800,000 $1.11 Total $3,250,000 $4.50 Rate Breakdown by Category 411111) $0.07 , •Concrete Paving • Asphalt Paving • Driveway Aprons •New Sidewalk •Sidewalk Rehab Also attached is a summary table comparing how various aspects of projects are currently paid for and how they would be paid for utilizing the Transportation Fee. The final two pages are comparisons of Special Assessment totals for typical lots in the Single Family Residential, Multi- Family Residential, and Non-Residential areas as well as a comparison of selected actual properties from the 2019 CIP as well as a comparison to certified Special Assessment totals from the 2017 CIP. As explained in the analysis, special assessments will continue for utility lateral replacements, as these improvements are directly related to a specific property. Special assessments will also continue in those cases where the city takes the lead on new street and or utility construction, primarily for new development. Staff believes that the proposed Transportation Fee meets Council's objectives of an equitable fee to replace the street and sidewalk special assessments,which will lessen the financial burden for residential,commercial, industrial, and institutional properties. The fee equitably distributes the financial burden of these public improvements across all of the above mentioned land uses. Finally, the fee will eliminate the need for the city to finance special assessments through additional city borrowing. Comparison of Alternatives to Special Assessments as Funding Source for Street Projects Special Vehicle Transportation Assessments Registration Fee Fee $65/vehicle/year $54/DAU/year Raises needed revenue of$3.25 million annually? Yes Yes Yes Out of town students contribute directly/indirectly? Yes No Yes Yes Tenants pay directly/indirectly Yes (if residents) Yes Residents pay directly/indirectly Yes Yes Yes Visitors/customers pay directly/indirectly Yes No Yes Payable by businesses in multiple jurisdictions? Yes No Yes Tax exempt properties pay? Yes No Yes Payable by governmental entities? Yes No Yes Cost less over extended period? No Yes Yes Reduces city borrowing? No Yes Yes Considers impact of large vehicles over 8,000 lbs.? Yes No Yes Easy to collect? No Yes Yes Affordable for residents and small businesses? No Yes Yes Cap for larger properties? No No _ Yes Spreads costs over an extended period? No Yes Yes Predictable amount? _ No Yes Yes Considers inflation of construction costs? Yes No Yes Accounts for multiple parcels? Yes Yes No Considers prior special assessments paid? Yes No No Yes Commonly used in WI? Yes (limited) No ITEM # 46 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 46 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 46 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM City of Oshkosh 7/23/2019 Status of Outstanding Issues Affected Date of Next Date of Initial Department(s)(If Status Request Applicable) Title of Directive Current Status Report/Update Other Notes CH Study complete;PD Study underway by FGM;FD 1/1/2018 Facilities/OPD/OFD Facility Studies 8/27/2019 Study to be done in 2020 after OFD Staffing Study. Police Staffing study completed and presented to Council on 1/22/19.Phase 1 of staffing recommendations being 1/1/2018 Police/Fire Public Safety Staffing Studies 9/24/2019 implemented.Fire Study underway.Goal is to have workshop with Council on September 24. Construction of Koeller St.and Westfield extensions are complete.Lane extension for Koeller St.roundabout in 2/1/2018 Comm Dev/DPW Oshkosh Corp Global HQ design phase;construction scheduled for fall. 9/10/2019 Construction for Riverwalk to start in July,with completion in fall. Reviewing options discussed at 9/11/18 workshop. Staff Community visited LaCrosse re Housing Incentive programs. 9/11/2018 Housing Stock Inventory 10/1/2019 Development Recommendations to Council on changes to incentive programs expected by Oct 1. Dashboard is"live"as of July 23.Link to KPI's will be on 12/11/2018 Admin Services KPIs for Departments 10/22/2019 city website. Fee to replace Special 1/22/2019 Finance/DPW Assessments for Street 2nd reading of ordinance on 7/23/19 agenda. 8/13/2019 Improvements Mayor reviewing options for discussion at July 23 2/12/2019 Mayor/CM Mayor's Youth Council(MYC) workshop. 7/23/2019 Next joint Council/OASD City will assist OAS()in creating video pieces on mental workshop is scheduled for 3/20/2019 CM/OASD Supt Youth Mental Health health topics for viewing on OCM and social media on an 10/30/19,6:00PM. as needed basis. 7/19/2019 ,e r �>f Oshkosh TO: Honorable Mayor& Members of the Common Council Mark Rohloff, City Manager FROM: Allen Davis, Community Development Director DATE: July 18, 2019 RE: Oshkosh Corporation Global Headquarters Construction, Public Improvements, Tax Increment Finance Plan, Timeline Public Improvements Construction of the N. Westfield and N. Koeller Street extensions have been completed. This includes the sidewalks and driveway aprons. Site and terrace restoration for the entire project area is in progress. Both new roads are open to the public. The permanent traffic signals at Westfield and Oshkosh Ave have been installed and the pavement markings are complete. All required right-of-way along Oshkosh Avenue has been dedicated for a future street/right-of-way construction. City staff has finished the analysis required for proposed Special Assessments for the Public Improvements for Oshkosh Ave, Westfield and Koeller Street. The Council approved the Special Assessments and the Development Agreement at their July 9, 2019 Council meeting. The City retained KL Engineering for the round-about and turn lane design of the new Koeller approach to the round-about, as was recommended in the Traffic Impact Analysis. Design is almost complete and construction would be completed in the fall of 2019. The surveyor is working on the CSM to dedicate the additional right-of-way needed for the additional turn lane on the west side of Koeller Street based on the design. The right-of-way dedication on the east side of Koeller Street will be done in conjunction with the redevelopment of the east side parcels and Rath Lane vacation, east of Koeller Street. The WisDOT-TEA grant of $787,500 that was awarded will help offset costs for the public infrastructure improvements. Staff continues to work on grant administration and allocate the grant dollars for the appropriate grant eligible activities for reimbursement. The WisDNR made the final grant award for the riverwalk to the City this spring, which staff submitted in May, 2018. The $793,247 grant will help build the asphalt riverwalk from the I- City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us City of Oshkosh 41/Tribal Heritage Trail to the Oshkosh Corporation site, and in addition, extend the new riverwalk east to Punhoqua Street. The riverwalk grant would also add lights and benches to match the existing park riverwalk design. The bids were opened on June 4, 2019 and Council awarded the construction contract on June 11, 2019. A preconstruction meeting took place on June 27, 2019, with construction to start in July. The benches and lights have been ordered based on Council action. The two prefabricated bridges planned for the riverwalk have significant lead times,and the bridges may not be installed as soon as planned. Completion of the riverwalk is still scheduled for the Fall of 2019. The City has received the $600,000 donation from Oshkosh Corporation for the riverwalk. The National Park Service (NPS) is the lead agency for gathering Tribal review and comment on the riverwalk project. The NPS requested additional archeological testing along the proposed riverwalk route and that work was completed in May, 2019, which found no additional cultural features. NPS reports that they hope to complete the archeological review very shortly. The riverwalk contractor can only start after NPS approves the archeological review. The City has also received a $255,000 Transportation Assistance Program (TAP) grant from WisDOT to help pay for the costs of extending the riverwalk trail from Punhoqua, east through Rainbow Memorial Park. The construction of this segment of riverwalk would be constructed in 2021. This project would help implement the Rainbow Memorial Park Master Plan and connect the lakeshore riverwalk to Oshkosh Ave. and Sawyer Street. The Council approved the funding for a consultant for trail design services and permitting at their July 9, 2019 meeting. Park improvements and funding for the improvements in 2021 are planned to coincide with the planned Riverwalk improvements through the park. City staff has selected consultant Smith Group from Madison, Wisconsin to help the City plan the development of Lakeshore Park. The process officially began with SmithGroup presenting the timeline and their preliminary site analysis to the Advisory Park Board at their May 13th meeting. A public input session was held at the June 10th Advisory Park Board meeting with approximately 25 residents attending. The POLCO survey that ended on June 5th garnered 429 responses with a variety of ideas to incorporate in the master plan. A joint meeting of the Advisory Park Board, Sustainability Advisory Board and Pedestrian and Bicycling Advisory Committee was held on July 8, 2019. The consultants are in the process of formulating alternative plans based on the public input received to date. The Lakeshore Master Park Plan is anticipated to be completed in October, 2019. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 6prCity Oshkosh Tax Increment Finance Plans The Common Council adopted both Tax Increment Finance District #34 and #35 Plans on January 23, 2018. The Joint Review Board approved both TIF Plans on January 30, 2018. Private developers are working on plans for development in TID #35 along Oshkosh Ave. The Accu-com building at the Oshkosh Ave/Sawyer intersection was demolished in January, 2019. Repp's Bar demolition was completed at the end of March. Construction continues on the Casey's at the corner of Westfield and Oshkosh Ave.and the Bank First National building between Oshkosh Ave. and Koeller Street. Development Agreement and other Agreements A Landscape Maintenance Agreement that would assign maintenance responsibility for the City-owned land between the Oshkosh Corporation property and the proposed riverwalk to Oshkosh Corporation will also be needed, and should be approved after the riverwalk is completed. Oshkosh Corporation was provided the riverwalk plans so that they can revise their site plan as needed with the riverwalk design. Timeline Construction continues on the building. Inspection staff issued the full building permit for Oshkosh Corporation's Global Headquarters' project. Inspection staff are on-site regularly for inspections. The Oshkosh Corporation contractor, Miron Construction, started mobilization for building construction on June 11, 2018. Erosion control practices remain in place. Most of the window installation and exterior siding has been installed and interior finishing has started. Oshkosh Corporation reports that the project is still on schedule for completion this Fall. Miron Construction will be moving the construction-employee parking area from the existing parking lot onto the Oshkosh Corporation property so that the City riverwalk contractor will have complete access to the riverwalk construction area in July. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us