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HomeMy WebLinkAboutFull Agenda THE COMMON COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTIONS 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS OPTIONS, STRATEGY, AND PARAMETERS RELATED TO REQUIREMENTS AND/OR POTENTIAL ACTIONS TO BE TAKEN IN RELATION TO RECENT REQUEST BY WDNR RELATED TO THE CITY'S WPDES PERMIT WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION AND 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL RENDER ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS INVOLVED IN RELATION TO THE CITY'S WPDES PERMIT. OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL WOSHKOSH, WISCONSIN Oshkosh OCTOBER 8, 2019 CLOSED SESSION(5:00 p.m. City Manager's Office, City Hall) The Common Council may convene into Closed Session pursuant to Sections 19.85(1)(e) of the Wisconsin State Statutes to discuss options, strategy, and parameters related to requirements and/or potential actions to be taken in relation to recent request by WDNR related to the City's WPDES permit where competitive bargaining reasons require a closed session and 19.85(1)(g) of the Wisconsin State Statutes to confer with legal counsel who will render advice concerning strategy to be adopted with respect to litigation in which the City is involved in relation to the City's WPDES permit. CALL TO ORDER: (6:00 pm) Voting First: Council Member Miller A. ROLL CALL B. INVOCATION C. PLEDGE OF ALLEGIANCE Ellen & Molly Moore from Lourdes Academy High School D. PROCLAMATION Indigenous People's Day White Cane Day E. INTRODUCTION OF CITY STAFF Dan Gabrilska, Civil Engineering Supervisor 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 — OCTOBER 8, 2019 F. PUBLIC HEARING 1. Res 19-539 Resolution Authorizing Amendments to$8.7 Million, City of Oshkosh, Wisconsin Revenue Bonds, Series 2017A & 2017B (Oshkosh Community Young Meri s Christian Association, Inc. Project) 2. Res 19-540 Approve Final Resolution for Special Assessments for Concrete Pavement, Sidewalk, Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay) Water Main & Laterals (New &Relay) & Storm Sewer Main & Laterals (New & Relay) Relating to Contract No. 19-24 Fernau Court (500' north of West Fernau Avenue to 675' north of West Fernau Avenue) G. 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) H. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion) 3. Report of Bills by the Finance Director 4. Receipt & Filing of Oshkosh Public Library Board Minutes from August 29, 2019 5. Receipt & Filing of Common Council Minutes from September 24, 2019 6. Approval of Cash Report from June 2019 7. Receipt of Claims filed with the City's Insurance Company: A) Eric Schlichting (Water City Properties) for alleged damages from the Police Department - 6/21/2019 date of alleged incident B) Eric Schlichting (Water City Properties) for alleged damages from the Police Department - 9/20/2019 date of alleged incident 8. Res 19-541 Approve Amendment to 2019 CIP Budget for TIF #19-Fernau Court Cul-de-sac paving$145,000 9. Res 19-542 Approve Change Order No. 1 for Public Works Contract No. 19-04 Hazel Street (Washington Avenue to East Irving Avenue Reconstruction, Fernau Court Paving & Pearl Avenue Paving) Dorner, Inc. (+$265,593.08) 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 — OCTOBER 8, 2019 CONSENT AGENDA CONTINUED 10. Res 19-543 Approve Granting Privilege in Street to Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC & Phoenix Reality, LLC for Placement of Storm Water Management Facilities within Public Right of Way; South side of the 1800 Block of West 2011 Avenue (Plan Commission Recommends Approval) 11. Res 19-544 Accept Storm Water Easement at 2105 South Koeller Street (Plan Commission Recommends Approval) 12. Res 19-545 Approve Appointment to Public Arts & Beautification Committee 13. Res 19-546 Approve Combination "Class B" License, Agent Changes for Class "B" Fermented & Combination "Class A" License, Operator Licenses & Secondhand Dealer License L ITEMS REMOVED FROM CONSENT AGENDA J. PENDING ORDINANCES: 14. Ord 19-547 Designate the Intersection of Wisconsin Street &Linwood Avenue as a Four Way Stop Intersection & the Intersection of Wisconsin Street & Viola Avenue as a Two Way Stop Intersection (Viola Stops for Wisconsin) (Traffic & Parking Advisory Board Recommends Approval) 15. Ord 19-548 Approve Closure of Waugoo Avenue & Otter Avenue at the Railroad Crossings K. NEW RESOLUTIONS: 16. Res 19-549 Approve General Development Plan Amendment & Specific Implementation Plan for Property adjacent to 1033 N. Washburn Street (Plan Commission Recommends Approval) 17. Res 19-550 Approve Amendment to TID Development Agreement & Agreement for Assignment of WEDC Grant Redevelopment Agreement with Rogan Stores Oshkosh LLC, Oshkosh Refurb, Inc. & Masters Oshkosh, LLC for Redevelopment of Aviation Plaza; Authorize Consent to Collateral Assignments of Development &WEDC Grant Redevelopment Agreement for Financing Purposes for Oshkosh Refurb, Inc. 18. Res 19-551 Approve Land Acquisition & Disposition Policy OSHKOSH COMMON COUNCIL — OCTOBER 8, 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. L. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS 19. Future Agenda Items: A) Oshkosh Area School District & Common Council meeting—October 151h @ 6 p.m. (Room 404) B) Closed Session Immediately following the OASD Joint Meeting (10/15/2019) —City Manager Review (Herman) 20. Request Public Service Commission (PSC) to Establish Lifeline Rates for Water Users 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 O. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 21. Status of Outstanding Issues A) Oshkosh Corporation Update & Public Improvements; Tax Increment Finance Plan & Timeline 22. Recognition of Midtown Neighborhood Association 23. Housing Stock Update-Proposed Incentive Programs for 2020 24. Congress Avenue Bridge Closure 25. Advisory Parks Board Review of Lakeshore Park Plan—October 21st 26. Oshkosh Media Video —Fire Departments New Ambulances 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. WE ARE MINDFUL OF THE BLESSINGS OF LIBERTY THAT WE HAVE IN THIS NATION. MAY OUR DECISIONS TONIGHT IMPROVE THE QUALITY OF LIFE IN OUR CITY AND FOR OUR RESIDENTS. OCTOBER 8, 2019 19-539 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: RESOLUTION AUTHORIZING AMENDMENTS TO $8,700,000 CITY OF OSHKOSH, WISCONSIN REVENUE BONDS, SERIES 2017A AND 2017E (OSHKOSH COMMUNITY YOUNG MEN'S CHRISTIAN ASSOCIATION INC. PROJECT) ISSUED ON APRIL 25, 2017 INITIATED BY: CITY ADMINISTRATION WHEREAS, the City of Oshkosh, Wisconsin (the "Issuer") has heretofore entered into a Bond Agreement dated as of April 1, 2017 (the "Bond Agreement") by and among the Issuer, Oshkosh Community Young Men's Christian Association, Inc., a Wisconsin nonstock, nonprofit corporation (the "Borrower"), Bank First, N.A., f/k/a Bank First National, as trustee (the "Trustee"), and Bank First Investments, Inc. (the "Ord Purchaser"), relating to the issuance of $8,700,000 City of Oshkosh, Wisconsin Revenue Bonds, Series 2017A and 2017E (Oshkosh Community Young Men's Christian Association, Inc. Project) (the "Bonds"); WHEREAS, the Issuer loaned the proceeds of the Bonds to the Borrower for the purpose of financing a project on behalf of the Borrower consisting of the (i) construction of an approximately 78,000 square foot facility located at 324 Washington Avenue, Oshkosh, Wisconsin ("Washington Avenue Facility"), construction of a parking lot at the Washington Avenue Facility, and the acquisition and installation of furniture, fixtures and equipment at the Washington Avenue Facility, (ii) resurfacing of existing parking lot at the Borrower's facility located at 3303 West 201h Avenue, Oshkosh, Wisconsin(the "201h Avenue Facility") and construction of an additional parking lot at the 201h Avenue Facility, and (iii) payment of professional fees and costs; WHEREAS,the Bonds were issued in the aggregate principal amount of$8,700,000 in two series as follows: (i) Series 2017A Bonds in the principal amount of$2,000,000 (the "Series 2017A Bonds") and (ii) Series 2017E Bonds in the principal amount of$6,700,000 (the "Series 2017E Bonds"); OCTOBER 8, 2019 19-539 RESOLUTION CONT'D WHEREAS, the Series 2017A Bonds have been fully paid and are no longer outstanding; WHEREAS, the outstanding principal balance of the Series 2017E Bonds is $5,720,370 as of the date of the Amendment (as defined below), and the Original Purchaser is the owner of 100% of the Series 2017E Bonds; WHEREAS,the Borrower and the Original Purchaser wish to modify certain terms and provisions of the Series 2017E Bonds and the Bond Agreement pursuant to a First Amendment to Bond Agreement (the "Amendment") resulting in a reissuance of the Series 2017E Bonds, and the effect of the amendments will be to (i) modify the interest rate and reset provisions relating to Series 2017E Bonds, (ii) extend the maturity date of the Series 2017E Bonds and (iii) pay costs of issuance in the amount of $10,000 to be financed with the Series 2017E Bonds in connection with the reissuance of the Series 2017E Bonds; WHEREAS, to give effect to such modifications, the Borrower and the Original Purchaser have requested that the Issuer amend the Bond Agreement and refund its Series 2017E Bonds in the principal amount of$5,730,370 (the "Reissued Bonds"); and WHEREAS, it is a requirement of the Bond Agreement that any such amendment of the Bond Agreement and the Series 2017E Bonds be approved by the Issuer. NOW THEREFORE, BE IT RESOLVED by the governing body of the Issuer as follows: Section 1. Findings and Determinations. 1.01 It is hereby found and determined that under the provisions of the Act, the Reissued Bonds shall remain as special, limited obligations of the Issuer. The Reissued Bonds shall not be the debt or obligation of the Issuer, the State of Wisconsin or any political subdivision thereof, do not constitute or give rise to charges against the Issuer's general credit or taxing powers, are not payable in any manner from revenues raised by taxation, and do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction of the Issuer, the State of Wisconsin or any political subdivision or public body thereof, but shall be payable solely from the OCTOBER 8, 2019 19-539 RESOLUTION CONT'D payments and other revenues derived from the Borrower as described in the Bond Agreement. 1.02 A notice of public hearing was published in the Oshkosh Northwestern, and a hearing was held before the Issuer on October 8, 2019 in order to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approvals and Authorizations. 2.01. The Amendment and the Reissued Bonds are hereby approved. The City Manager and the City Clerk are authorized and directed in the name and on behalf of the Issuer to execute the Amendment, the Reissued Bonds, and either one of them or both of them are authorized and directed to execute such other documents, agreements, instruments or certificates as are deemed necessary or desirable by the Issuer's counsel or bond counsel, including an Internal Revenue Service Form 8038. 2.02 The amendment of the Series 2017E Bonds and the authorizations for the Reissued Bonds set forth in this Resolution are approved in accordance with the requirements of Section 147(f) of the Code. 2.03. The approval hereby given to the Amendment, the Reissued Bonds, and any additional documents referred to in this resolution includes the approval of such additional details therein as may be necessary and appropriate for their completion and such modifications thereto, deletions therefrom and additions thereto as may be approved by the Issuer's counsel and bond counsel. The execution of any document by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such document in accordance with the terms hereof. 2.04. The Reissued Bonds shall remain limited obligations of the Issuer payable by it solely from revenues and income derived by or for the account of the Issuer from or for the account of the Borrower pursuant to the Bond Agreement. As security for the payment of the principal of, premium, if any, and interest on the Reissued Bonds, the Issuer has pledged and assigned to the Trustee all of its right, title and interest in and to the trust estate described in the Bond Agreement. r ei City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Lynn Lorenson, City Attorney DATE: October 3, 2019 RE: Resolution Authorizing Amendments to $8.7 Million City of Oshkosh, Wisconsin Revenue Bonds, Series 2017A & 2017B (Oshkosh Community Young Meri s Christian Association, Inc. Project) BACKGROUND On April 25, 2017 the City of Oshkosh issued $8.7 million revenue bonds in two series for the purpose of supporting construction of the downtown YMCA facility. The Series A bonds have been fully paid and the Borrower and Original Purchaser wish to modify certain terms and provisions of the Series B bonds. ANALYSIS Attached to this memorandum is a brief explanation of this financing provided by the YMCA's bond counsel. FISCAL IMPACT There is no anticipated fiscal impact for the City of Oshkosh from approval of the resolution and the proposed amendments. RECOMMENDATION The City Council approves the Resolution. Submitted, Approved: Ltilacetl____ - Lynn Lorenson Mark Rohloff City Attorney City Manager City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Reissuance of $8,700,000 City of Oshkosh,Wisconsin Revenue Bonds, Series 2017A and 2017B (Oshkosh Community Young Men's Christian Association, Inc. Project) On April 25, 2017, the City of Oshkosh, Wisconsin (the "Issuer") issued its $8,700,000 City of Oshkosh, Wisconsin Revenue Bonds, Series 2017A and 2017B (Oshkosh Community Young Men's Christian Association, Inc. Project) (the `Bonds") pursuant to a Bond Agreement dated as of April 1,2017 (the "Bond Agreement") by and among the Issuer, Oshkosh Community Young Men's Christian Association, Inc. (the `Borrower"), Bank First, N.A., f/k/a Bank First National, as trustee (the "Trustee"), and Bank First Investments, Inc. (the "Original Purchaser"). The Bonds were issued in the aggregate principal amount of $8,700,000 in two series as follows: (i) Series 2017A Bonds in the principal amount of$2,000,000 (the "Series A Bonds") and (ii) Series 2017B Bonds in the principal amount of$6,700,000 (the "Series B Bonds"). The proceeds of the Bonds were used to construct the YMCA facility at 324 Washington Avenue and improvements to the YMCA facility at 3303 West 20th Avenue. The Series A Bonds have been fully paid are no longer outstanding. The outstanding principal balance of the Series B Bonds is $5,720,370. The Borrower and the Original Purchaser wish to modify certain of the terms and provisions of the Bond Agreement pursuant to a First Amendment to Bond Agreement (the "Amendment") resulting in a reissuance of the Series B Bonds, and the effect of the amendments will be to (i) modify the interest rate and reset provisions relating to Series B Bonds, (ii) extend the maturity date of the Series B Bonds and (iii) pay costs of issuance in the amount of$10,000. The Series B Bonds will be refunded in the principal amount of $5,730,370. The Borrower respectfully requests that the City Council hold a public hearing and consider a resolution on October 8, 2019 to approve the Amendment and the reissuance of the Series B Bonds. DocID:4846-4861-0728.1 OCTOBER 8, 2019 19-540 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, SIDEWALK (NEW), DRIVEWAY APRONS, SANITARY SEWER MAIN & LATERALS (NEW AND RELAY), WATER MAIN & LATERALS (NEW AND RELAY), STORM SEWER MAINS & LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 19-24 FERNAU COURT—500' NORTH OF WEST FERNAU AVENUE TO 675' NORTH OF WEST FERNAU AVENUE INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 81h day October, 2019, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted August 27, 2019, by the Oshkosh Common Council for the following named streets: Concrete Pavement, Sidewalk (New), Driveway Aprons, Sanitary Sewer Main&Laterals (New and Relay), Water Main&Laterals (New and Relay), Storm Sewer Mains & Laterals (New and Relate Fernau Court (500' north of West Fernau Avenue to 675' north of West Fernau Avenue) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. OCTOBER 8, 2019 19-540 RESOLUTION CONT'D 2. The Common Council for the City of Oshkosh hereby orders that new sidewalk be constructed according to the established grade pursuant to Section 66.0907 of the Wisconsin Statutes and the ordinances of the City of Oshkosh at the following locations: Fernau Court (500' north of West Fernau Avenue to 675' north of West Fernau Avenue) 3. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. 4. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 5. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 6. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 7. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. OCTOBER 8, 2019 19-540 RESOLUTION CONT'D 8. That the assessments may be paid in cash, or in installments pursuant to Section 25-83 thru 25-89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 9. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 10. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. City of Oshkosh 215 Church Avenue P.O.Box 1130 Oshkosh,WI 54902-1130 Pamela R.Ubrig City Clerk AV Angela J.Joeckel Deputy City Clerk Oshkosh Emily E.Karl Election Aide September 27, 2019 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. Letter of explanation from Justin Gierach, Engineering Division Manager/City Engineer. 1A. Information sheet on parking during construction. 2. Initial Resolution adopted by the Oshkosh Common Council,which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on October 8, 2019 regarding assessments,which will be set with the adoption of the final resolution,also scheduled for adoption on October 8, 2019. 4. Special assessment payment plan options explaining the payment choices after Contract No. 19-24 is certified as complete—payment choice or payment is not accepted at this time. 5. Assessment sheet indicating properties involved in the proposed project, the property footage,price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction,please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents,please contact the Public Works Department(236-5065) or the City Clerk(236-5011),Monday through Friday,8:00 a.m.until 4:30 p.m. Sincerely, CITY OF OSHKOSH PAMELA R. UBRIG City Clerk r,A City Of Oshkosh #1 September 27, 2019 Subject: Assessments for Concrete Paving, Sanitary Sewer Laterals (New and Relay), Water Laterals (New and Relay), Storm Sewer Laterals (New and Relay), New Sidewalk,and Concrete Drive Approaches Contract 19-24 To Property Owners on: ➢ Fernau Court, from 500' north of West Fernau Avenue to 675' north of West Fernau Avenue A public hearing is scheduled for Tuesday, October 8, 2019, in the Common Council Chambers at City Hall to consider improvements to your street. Staff will be available from 4:30 p.m. to 5:30 p.m. in Room 310 of City Hall to answer questions about the project and the estimated costs. Residents may also call the Department of Public Works Engineering Division at (920)236-5065 to have questions answered. The public hearing covers the proposed improvements, which include the following: paving, utilities, sidewalks, and/or driveway approaches and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is certified as complete and these charges can be paid by any one (1) of the plans as outlined by the City Clerk's information on payment plan options. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The quantities and costs are estimates and will be adjusted to the actual quantity installed. Unit costs will be adjusted according to the assessment policy based on bid prices. The final assessment cost will not increase above the estimated total without another public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at (920)236-5011. Questions in regard to the construction project in general can be answered by calling the Department of Public Works Engineering Division at (920)236- 5065. 1:\Engineering\2019 CONTRACTS\19-24 Fernau Ct\Project_Liformation\Correspondence\Letters\19- Page 1 of 3 24 Assessments Ltr 01 9-27-19.docx City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 http://www.ci.oshkosh.wi.us The sequence of construction has not yet been scheduled with a contractor. Residents will be notified approximately one (1) week before construction will begin. All work within this contract is scheduled to be completed by the end of November 2019. Wisconsin Public Service and other utility companies may be relocating some of their facilities prior to the City contractor beginning work. This work is not part of the above time frame. A specific description of the project construction consists of the following elements: concrete pavement with curb and gutter; relay or installation of specific segments of water and sanitary sewer mains and their associated laterals at various locations along the project; relay or installation of storm_ sewer and" storm sewer laterals, as needed, along the project -to accommodate the drainage needs for the street and the adjacent properties; and new sidewalk and new concrete driveway aprons will be constructed. It is recommended that no salt or harsh chemicals be put on the new sidewalk for one (1) year. If you know of any underground wires and/or piping(examples: invisible electric fence, conduit for exterior lighting, irrigation system, etc.) on your property which are located near the sidewalk, right-of-way, or driveways, please contact the Engineering Division as soon as possible. Any private improvements within the right-of-way, brick pavers, shrubs, lights, etc., will be removed by the contractor during construction and will not be replaced. In the event you wish to replace certain items, a permit must be obtained from the Department of Public Works prior to your beginning the work. Prior to the completion of the project, all disturbed areas will be topsoiled, seeded, and covered with erosion mat. The property owner is responsible for watering the newly vegetated areas. The matting placed over the seed is biodegradable. Please do not remove the mat because it serves as mulch for the new grass. Please set your lawn mower to the highest setting when mowing the new grass areas until the new grass areas are well established. For commercial properties, the contractor is required to maintain access. Business owners are encouraged to provide the City's Engineering Division with contact information, which will be shared with the contractor. Communication between you, the City, the City's contractor, and your customers and delivery personnel will help the project proceed as quickly as possible. Although terrace trees may need to be removed at specific locations, they will be preserved as much as possible. Property owners at locations where a tree needs to be removed will receive advance notice of the removal and replacement options. Roots and branches may be cut to allow for paving operations. Cutting and pruning will either be done by, or under the direction of, the City Forester. The City has implemented a way for you to receive project updates via e-mail. The updates will provide information about access and construction progress. To receive these updates, please send a blank e-mail to contract1924-subscribe@lists.ci.oshkosh.wi.us. You will receive an e-mail stating your subscription request has been received. You must reply to the message within five (5) days to complete the subscription. The City will stop sending updates upon completion of the project. If at any time you wish to unsubscribe, please send an e-mail to this address, contra ct1924-unsubscribe@lists.ci.oshkosh.wi.us. i i I I 1:\Engineering\2019 CONTRACTS\19-24 Fernau Ct\Project_Information\Correspondence\Letters\19- Page 2 of 3 24 Assessments Ltr 01 9-27-19.docx Please feel free to contact the Public Works Engineering Division at (920)236-5065 prior to the scheduled public hearing if you have any questions on the proposed assessments or the project construction. Sincerely, Justin Gierach, P.E. Engineering Division Manager/City Engineer Jc/flt Enclosures 1:\Engineering\2019 CONTRACTS\19-24 Fernau Ct\Project_Information\Correspondence\Letters\19- Page 3 Of 3 24 Assessments Ltr 41 9-27-19.docx 420 Jackson Street Oshkosh,W1 54901 �'!�� City of Oshkosh Tel: 920-236-5720 Fax:920-236-5087 Police Department dsmith@ci.oshkosh.wi.us PROFESSIONALISM . PRIDE . INTEGRITY • TEAMWORK Dean Smith Chief of Police As per Sections 27-27,27-28,and 27-29 of the Municipal Code of the City of Oshkosh,there is no parking on City streets,2 AM to 5 AM,unless the owner of vehicle was granted permission or has purchased a City parking permit. If your street or sidewalk is under construction,it is NOT necessary to obtain a parking permit if you park your car within two blocks of the street under construction. All City ordinances and parking rules/guidelines must be followed,and all posted parking restrictions,including time zones and no parking areas,must be obeyed. You will need to follow the odd-even rules. On odd days of the week,the vehicle should be parked on the side of the street with odd-numbered houses. On even days of the week,the permit holder should park on the side of the street with even-numbered houses. Each night,the car should be parked on the opposite side of the street as the night before. NOTE: Odd and even dates are figured before midnight. If parking is only allowed on one side of the street,the Odd-Even rule DOES apply. Vehicles can only park on the side of the street that does not have restricted parking and are only allowed to park overnight on the appropriate Odd-Even days. In the case of a declared Snow Emergency,parking on City streets is restricted to one side of the street using the Odd-Even rule with dates figured from noon on the calendar date to noon on the following calendar date.It is the responsibility of the vehicle owner/operator to find appropriate parking in the event of a snow emergency.Vehicles in violation of snow emergency parking will be towed at the owner's expense. Disabled vehicles are not allowed to park overnight at any time and should be moved within 24 hours. Motor busses,truck tractors,semi-trailers and motor trucks designed,used,or maintained primarily for the transportation of property as defined in Municipal Code 27-26(3)are not permitted to park overnight on City streets. All street parking is subject to the following guidelines: • May not park in signed/designated"No Parking" areas. • Vehicles may not stop or park in a designated"Fire Lane". • No parking within 10 feet of a fire hydrant(an official traffic sign may indicate a greater distance is required). • No parking in loading zones. • No parking within 4 feet of an alley or private roadway or driveway. • No parking within 15 feet to the near limits of a crosswalk. Failure to follow the above rules could result in parking citations being issued.Individuals wishing to appeal a parking citation may do so by completing a Request to Review Parking Citation form which is available at the Oshkosh Police Department Telecommunications Desk,on the Police Department website (oshkoshpd.com)or on the City of Oshkosh website. The Mission of the Oshkosh Police Department is to promote public safety and to enhance the quality of life in our community through innovative policing and community partnerships #z AUGUST 27, 2019 19-481 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, SIDEWALK (NEW), DRIVEWAY APRONS,SANITARY SEWER MAIN AND LATERALS(NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 19-24 FERNAU COURT (500' NORTH OF WEST FERNAU AVENUE TO 675' NORTH OF WEST FERNAU AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Concrete Pavement Sidewalk (New), Driveway Aprons Sanitary Sewer Main and Laterals (New and Relay),Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): Fernau Court (500' north of West Fernau Avenue to 675' north of West Fernau Avenue) 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25-83 through 25-89 of the Oshkosh Municipal Code. AUGUST 27, 2019 19-481 RESOLUTION CONT'D 4.- The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. #3 NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: CONCRETE PAVEMENT, SIDEWALK (NEW), DRIVEWAY APRONS, SANITARY SEWER MAIN &LATERALS (NEW &RELAY), WATER MAIN &LATERALS (NEW & RELAY), STORM SEWER MAIN &LATERALS (NEW &RELAY) Fernau Court (500' north of West Fernau Avenue to 675' north of West Fernau Avenue) The report of the Public Works Director and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on OCTOBER 8, 2019. All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 9/28/2019 CITY CLERK #4 SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 19-24 IS CERTIFIED AS COMPLETE CONTRACT NO 19-24 WILL CONSIST OF CONCRETE PAVEMENT, SIDEWALK (NEW),DRIVEWAY APRONS, SANITARY SEWER MAIN &LATERALS (NEW &RELAY),WATER MAIN &LATERALS (NEW & RELAY), STORM SEWER MAIN &LATERALS (NEW&RELAY) Fernau Court(500' north of West Fernau Avenue to 675' north of West Fernau Avenue) Included in this mailing, is an estimated amount (quantities and costs) of the special .assessment(sheet#5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 19-24 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: INVOICE -PAYMENT WITHIN 30 DAYS If you choose this option,the City of Oshkosh will then send you a special assessment invoice and you must make payment within thirty days of that notice. If the payment is not made within thirty days after receiving the special assessment invoice, 6% interest accrues from the date of notification. If after making this selection,the property owner fails to make payment to the City Treasurer; the entire amount including interest will be placed on the next property tax bill. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill,without interest.The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) The amount of the assessment will be placed on the property tax bill with interest at 6%on the read other side unpaid balance per year over the ten- (10)year period. The annual assessment payment and interest will be included in each year's tax bill payment. The assessment balance may be paid in full at any time during the ten-year period,with interest pro-rated to the month of payment. (Applies to assessments in excess of$500.00.) FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) The amount of the assessment will be placed on the property tax bill with interest at 6%on the unpaid balance per year over the fifteen- (15)year period. The annual assessment payment and interest will be included in each year's tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period,with interest pro-rated to the month of payment. (Applies to assessments in excess of$1,000.00.) CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK read other side C.S.M. #5326 LOT 3235 3ey• FERNAU CT. CONCRETGE EXISTING � � I +LJ VACANT PARCEL #12-2580-0203 Q - .... C.S.M. #5326 LOT 3 i LL II 3 n� rn yc pJ N U VINLAND ST. PAGE 1 OF 2 filename: fernau31.dwg CITY OF OSHKOSH CONCRETE APRON, • AND SANITARY k ENGINEERING DIVISION STORM MIER LATERAL SPECIAL ASSESSIAENTS CONTRACT NO. DRAWN FERNAU COURT 19-24 08-20-2019 GRAPHIC o 25 50 100 475'NORTH OF FERNAU A . TO SCALE:(IN FEET) NORTH END OF FERNAU CT. AA NEW 6" NEW 12"STORM ADDRESS PARCEL I.D. ADDRESS OWNER EXISTING APRON APRON SIDEWALK SANITARY (SEE NOTE) LATERAL LATERAL ASSESSMENT TOTAL 12.2580-0400 3235 FERNAU CT HOWITT REALTY LLC...._._... ASPHALT $2,971.75 __12,971.75 ____.._... 1.2-2580 0202 __.._._3255 W FERNAU CT SCHNEIDER PROPERTY MANAGEMENT LLC ASPHALT ,157.00 $3,315.00 ___..._...._ $8,472.00 __ 12-2580-0203 VACANT PARCEL BOEBEL INVESTMENTS 2 LLC $7,500.00AOO.OQ___113_500.00 $8,128.75 $3,315.00 $7,500.00 $6,000.00 $24,943.75 $24,943.75 SHEET 2 OF 2 CITY OF OSHKOSH APRON,SIDEWALK,AND SANITARY& 2019 ASSESSMENT RATES: ENGINEERING DIVISION STORM SEWER LATERAL ASSESSMENTS CONTRACT# 19-24 CONCRETE/ASPHALT APRON=$13.00 PER SQUARE FOOT LESS ANY CREDIT(ESTIMATE) DRAWN 08/21/19 NEW 6"SANITARY LATERAL=$7,500.00 EACH(ESTIMATE) WARD 12TH NEW 17'STORM LATERAL=$6,000.00 EACH(ESTIMATE) FERNAU COURT-475'N OF FERNAU AVE TO N END OF FERNAU CT NEW OR REHAB SIDEWALK=$13.00 PER SQUARE FOOT(ESTIMATE) REVISED CERTIFIED #i I 1 I e„, City of Oshkosh To: City Manager and Members of the Common Council From: Jennifer L Messerschmidt,Assistant Finance Director Date: October 8,2019 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 $5,370,488.97 Bills paid September 27 and October 4, 2019 2,885,109.40 Payroll paid October 4,2019 1,037,700.60 Regular cycle payables paid throughout the month: JP Morgan Chase p-card statement August 2019 171,035.41 Associated Bank- credit card fees September 2019 354.11 Bank Card USA- credit card fees September 2019 275.48 US Treasury- Federal Payroll Taxes PR1918 318,840.16 US Treasury- Federal Payroll Taxes PR1919 291,100.11 WI Dept of Revenue- State payroll taxes PR1917 69,957.10 WI Dept of Revenue- State payroll taxes PR1918 71,812.86 WI Dept of Revenue- Garnishment PR1918 609.51 WI Dept of Revenue- Garnishment PR1919 609.51 WI Dept of Revenue- Sales Tax August 2019 6,877.68 Benefit Advantage- flex spending pre-funding PR1918 21,117.89 Benefit Advantage- flex spending pre-funding PR1919 21,005.39 Benefit Advantage- Admin Fees August 2019 790.00 WI Retirement System- City Contributions August 2019 472,054.32 WI Retirement System- Police July 2019 426.56 WI Retirement System- Back Benefits 111.04 WI Dept of Workforce Development-Unemployment 701.84 5,370,488.97 Res• submitted, 40...ell ' i y IF*,-r L esserschmidt sistant inance Director City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT EFT224 09/27/2019 AECOM INC 67,485.62 EFT225 09/27/2019 CHEMTRADE CHEMICALS US LLC 8,917.25 EFT226 09/27/2019 KEMIRA WATER SOLUTIONS INC 5,420.02 EFT228 09/27/2019 WILLIS OF WISCONSIN INC 40.00 EFT229 09/27/2019 JENNIFER L MESSERSCHMIDT 192.52 222974 09/27/2019 SIGNIFY NORTH AMERICA CORPORATION 41,745.00 222975 09/27/2019 A AND R ELECTRIC MOTOR REPAIR 220.14 222976 09/27/2019 ADAM KRAUSE 58.46 222977 09/27/2019 ADVANCED ASBESTOS REMOVAL INC 4,250.00 222978 09/27/2019 ANDREW J PRICKETT 46.22 222979 09/27/2019 BATH FITTER 4,724.00 222980 09/27/2019 BEACON ATHLETICS 4,764.60 222981 09/27/2019 BRIAN GRIESBACH 12.00 222982 09/27/2019 CADRE 515.04 222982 09/27/2019 CAPELLE BROS AND DIEDRICH INC 60,426.00 222984 09/27/2019 CASEY KOELBL 82.40 222985 09/27/2019 CASSIE DANIELS 12.50 222986 09/27/2019 CHEEVANG 9.78 222987 09/27/2019 CHRIS HAEDT 20.29 222988 09/27/2019 CINTAS CORPORATION 412.59 222989 09/27/2019 CIRCLE R MINK RANCH LLC 400.00 222990 09/27/2019 CORE AND MAIN LP 229.45 222991 09/27/2019 CUMMINS SALES AND SERVICE 4,165.27 222992 09/27/2019 CZARNECKI CLYDEAJR 86.57 222992 09/27/2019 D&F INVESTMENTS OF OSHKOSH LLP 5.96 222994 09/27/2019 DALE MARTIN 245.00 222995 09/27/2019 DIXON ERIC 50.69 222996 09/27/2019 DRIESSEN CARPENTRY 28,071.00 222997 09/27/2019 EDWARD H WOLF AND SONS INC 17,417.29 222998 09/27/2019 ENTERPRISE LIGHTING LTD 29,698.25 222999 09/27/2019 ENVIRONMENTAL MANAGEMENT AND TESTING SERVICES 425.00 222000 09/27/2019 FGM ARCHITECTS INC 12,250.00 222001 09/27/2019 FOX VALLEY TECH COLLEGE 212.00 222002 09/27/2019 GALLS LLC 1,241.65 222002 09/27/2019 GEAR WASH LLC 2,218.20 222004 09/27/2019 THE GROUNDS GUYS LANDSCAPE MANAGEMENT 9,100.00 222005 09/27/2019 HACH COMPANY 42,221.68 222006 09/27/2019 HOUCK TRANSIT ADVERTISING 700.00 222007 09/27/2019 INTERSTATE POWER SYSTEMS 59,272.25 222008 09/27/2019 JON MUELLER 56.81 222009 09/27/2019 A. KALMERTON WELDING SUPPLIES 126.20 222010 09/27/2019 KATRINA MALSON 24.49 222011 09/27/2019 KELLY NIEFORTH 102.44 222012 09/27/2019 KOBUSSEN BUSES LTD 14,242.11 222012 09/27/2019 KOPS SAMANTHA 49.99 222014 09/27/2019 KRYSTALKLEER ICE SCULPTURES LLC 700.00 222015 09/27/2019 LAUS MATTHEW 57.61 222016 09/27/2019 LEE RECREATION LLC 1,692.00 222017 09/27/2019 LEVENHAGEN OIL CORPORATION 19,810.24 222018 09/27/2019 LIQUID PROCESS EQUIPMENT 998.20 222019 09/27/2019 LYNN A LORENSON 75.79 222020 09/27/2019 MARK A ROHLOFF 122.72 222021 09/27/2019 M C CINC 807.40 222022 09/27/2019 MECHANICAL TECHNOLOGIES INC 742.50 222022 09/27/2019 MICHELS MATERIALS 261.78 222024 09/27/2019 MIDLAND ENGINEERING COMPANY INC 86,875.00 222025 09/27/2019 MILPORT ENTERPRISES INC 5,248.00 222026 09/27/2019 NASSCO INC 2,954.27 222027 09/27/2019 NEENAH FOUNDRY CO 7,982.97 222028 09/27/2019 NORTHEAST ASPHALT INC 20,175.28 222029 09/27/2019 NORTHERN LAKE SERVICE INC 1,212.00 222020 09/27/2019 Carley Robinett 47.25 222021 09/27/2019 Devin Reif 25.00 222022 09/27/2019 Evan Gilbert 25.00 222022 09/27/2019 Jordan Lee 25.00 222024 09/27/2019 Rachel Siler 20.00 222025 09/27/2019 Steven Barney 11.95 222026 09/27/2019 Zachary Plath 25.00 222027 09/27/2019 OSHKOSH CHAMBER OF COMMERCE 5,142.55 222028 09/27/2019 OSHKOSH HOUSING AUTHORITY 99.02 222029 09/27/2019 CITY OF OSHKOSH UTILITIES 650.80 222040 09/27/2019 PARK 'N PRINT INC 458.50 222041 09/27/2019 PHIPPARD MICHAELE 5.42 222042 09/27/2019 PLYMOUTH LUBRICANTS 221.70 222042 09/27/2019 POESCHL PRINTING COMPANY INC 581.00 222044 09/27/2019 REBECCA KAISER 92.00 222045 09/27/2019 REGISTRATION FEE TRUST 222.50 222046 09/27/2019 RHYNER AUDREYI 181.60 222047 09/27/2019 ROGAN'S SHOES 228.00 222048 09/27/2019 SCH MITT TITLE LLC 20.20 222049 09/27/2019 SERWAS WINDOW CLEANING 25.00 222050 09/27/2019 SPILLMAN PUBLIC LIBRARY 19.99 222051 09/27/2019 SPOEHR SMITS AND BLAZEL LLC 2,852.00 222052 09/27/2019 STROOKAUDREY 8.82 222052 09/27/2019 TITAN PROPERTY MANAGEMENT LLC 255.96 222054 09/27/2019 TOOLEY CAITLIN 29.99 222055 09/27/2019 TRUGREEN PROCESSING CENTER 41.17 222056 09/27/2019 ON TIME EMBROIDERY INC 227.25 222057 09/27/2019 UNITED MAILING SERVICE INC 15,661.87 222058 09/27/2019 UNITED PARCEL SERVICE 26.67 222059 09/27/2019 U S POST OFFICE 200.00 222060 09/27/2019 U W OSHKOSH 851.02 222061 09/27/2019 VANGUARD COMPUTERS INC 762.92 222062 09/27/2019 VILLAGE LIFE LLC 12.06 222062 09/27/2019 VON BRIESEN AND ROPER SC 6,462.50 222064 09/27/2019 WI DEPT OF FIN. INSTITUTIONS 20.00 222065 09/27/2019 WI DEPT OF TRANSPORTATION 128.00 222066 09/27/2019 WI POLICE EXECUTIVE GROUP 20.00 222067 09/27/2019 WI PUBLIC SERVICE CORP 2,956.00 222068 09/27/2019 GANNETT WISCONSIN MEDIA 22.50 222069 09/27/2019 XYLEM WATER SOLUTIONS USA INC 12,288.00 626,426.84 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT EFT240 10/04/2019 ADOBE SYSTEMS INC 1,919.76 EFT241 10/04/2019 AIRGAS USA LLC 2,674.00 EFT242 10/04/2019 ALLTRAFFIC SOLUTIONS INC 1,500.00 EFT242 10/04/2019 ANTHONY L NEUMANN 146.40 EFT244 10/04/2019 ASSOCIATED BENEFITS AND RISK CONSULTING 5,871.00 EFT245 10/04/2019 C D W GOVERNMENT INC 4,922.08 EFT246 10/04/2019 CHEMTRADE CHEMICALS US LLC 2,972.51 EFT247 10/04/2019 DORNER INC 621,905.18 EFT248 10/04/2019 KEMIRA WATER SOLUTIONS INC 4,948.11 EFT249 10/04/2019 PTS CONTRACTORS INC 922,780.91 222070 09/20/2019 ASSURANCETITLE SERVICES INC 5,000.00 222071 10/02/2019 RYDIN DECAL 1,672.98 222072 10/04/2019 AL DIX CONCRETE 18,425.00 222072 10/04/2019 AMERICAN PUBLIC TRANSP ASSN 125.00 222074 10/04/2019 APPLETON SIGN COMPANY 180.00 222075 10/04/2019 AREA WATERPROOFING & CONCRETE 11,850.00 222076 10/04/2019 ASSOCIATED BANK OF OSHKOSH 225.00 222077 10/04/2019 AT&T 524.69 222078 10/04/2019 AURORA HEALTH CARE 675.00 222079 10/04/2019 BAYCOM INC 1,658.28 222080 10/04/2019 BEZIO ANIMAL CONTROL 200.00 222081 10/04/2019 BLR BUSINESS AND LEGAL RESOURCES 511.00 222082 10/04/2019 BOEHM MADISEN LUMBER COMPANY 2,292.90 222082 10/04/2019 BRADLEY BERGER 414.00 222084 10/04/2019 MACQUEEN EQUIPMENTGROUP 626.02 222085 10/04/2019 CADRE 1,529.76 222086 10/04/2019 CAMERA CASINO 22.94 222087 10/04/2019 CARYN BEHLMAN 114.26 222088 10/04/2019 CERTAPRO PAINTERS 4,986.22 222089 10/04/2019 CHRIS HAEDT 84.68 222090 10/04/2019 CINTAS CORPORATION 470.20 222091 10/04/2019 COMPBASE INC 1,600.00 222092 10/04/2019 COMMUNICATIONS ENGINEERING CO 984.08 222092 10/04/2019 DANIELLEJO B BURNS 211.59 222094 10/04/2019 DOMINION VOTING SYSTEMS INC 18,408.72 222095 10/04/2019 DORNER COMPANY 2,045.80 222096 10/04/2019 YELLOW JACKET CONSTRUCTION 5,760.00 222097 10/04/2019 ENERGY CONTROL AND DESIGN INC 668.50 222098 10/04/2019 EVOQUA WATER TECHNOLOGIES LLC 6,922.62 222099 10/04/2019 FAIRCHILD EQUIPMENT 29,895.00 222100 10/04/2019 FAULKS BROS CONSTRUCTION INC 2,721.70 222101 10/04/2019 FIRELINE SPRINKLER CORPORATION 145.00 222102 10/04/2019 FOX VALLEY TECH COLLEGE 1,708.20 222102 10/04/2019 GALLS LLC 1,626.60 222104 10/04/2019 GLOBE MANUFACTURING INC 80.00 222105 10/04/2019 H ALLEN DAVIS 200.72 222106 10/04/2019 HOLIDAY WHOLESALE 72.70 222107 10/04/2019 HOUSEAL LAVIGNE ASSOCIATES LLC 958.75 222108 10/04/2019 INTEGRATED PUBLIC RESOURCES LLC 10,265.26 222109 10/04/2019 JACOBS ENGINEERING GROUP INC 66,927.22 222110 10/04/2019 JOHN FABICK TRACTOR CO 15,100.00 222111 10/04/2019 JON MUELLER 2.22 222112 10/04/2019 A. KALMERTON WELDING SUPPLIES 146.50 222112 10/04/2019 KATHRYN D FOOTIT 225.00 222114 10/04/2019 KATRINA MALSON 62.80 222115 10/04/2019 KRIS LYONS 216.72 222116 10/04/2019 LANGE ENTERPRISES 152.90 222117 10/04/2019 LAPHAM-HICKEY STEEL CORP OSHKOSH 106.00 222118 10/04/2019 LEVENHAGEN OIL CORPORATION 15,969.00 222119 10/04/2019 MARK A ROHLOFF 26.96 222120 10/04/2019 M C CINC 1,520.00 222121 10/04/2019 MCMAHON ASSOCIATES INC 800.00 222122 10/04/2019 MICHELS MATERIALS 880.86 222122 10/04/2019 NORTHEAST ASPHALT INC 5,424.85 222124 10/04/2019 NORTHERN LAKE SERVICE INC 268.00 222125 10/04/2019 ON SITE HYDRAULICS 1,641.00 222126 10/04/2019 Charles J. Anderson 1,500.00 222127 10/04/2019 CHASE 28.00 222128 10/04/2019 CHASE NICHOLASSTELLING 15.00 222129 10/04/2019 EMMA HEENAN 10.00 222120 10/04/2019 Fox River Property Holdings LLC 1,500.00 222121 10/04/2019 JEFFREY M JACOBS 15.00 222122 10/04/2019 JOHN KAMINSKI 10.00 222122 10/04/2019 KURTIS DONALD BROWN 10.00 222124 10/04/2019 Lawrence E./Joanne M. Brown 1,500.00 222125 10/04/2019 LISAJ HUNTER 12.00 222126 10/04/2019 MAI NAM 10.00 222127 10/04/2019 MOHAMMADIAN MEHDI 126.06 222128 10/04/2019 SHELBYJENSEN 10.00 222129 10/04/2019 STEPHEN HOOPMAN 18.00 222140 10/04/2019 STUMPF MOTOR CO INC 48.00 222141 10/04/2019 U-HAUL 10.00 222142 10/04/2019 OSHKOSH AREA HUMANE SOCIETY 8,425.66 222142 10/04/2019 OSHKOSH AREA SCHOOL DISTRICT 2,244.91 222144 10/04/2019 OSHKOSH CITY CAB CO INC 48,280.25 222145 10/04/2019 CITY OF OSHKOSH 2,415.50 222146 10/04/2019 CITY OF OSHKOSH 290.00 222147 10/04/2019 OSHKOSH CONVENTION AND 87,842.00 222148 10/04/2019 OSHKOSH HOUSING AUTHORITY 1,650.00 222149 10/04/2019 POMP'S TIRE SERVICE INC 29.50 222150 10/04/2019 PROTANIC INC 450.00 222151 10/04/2019 PUBLIC SERVICE COMMISSION OF WI 925.84 222152 10/04/2019 RHYME BUSINESS PRODUCTS 22.25 222152 10/04/2019 ROGAN'S SHOES 269.75 222154 10/04/2019 SADOFF IRON AND METAL COMPANY 492.50 222155 10/04/2019 SERVICEMASTER BLDG MAINTENANCE 2,105.00 222156 10/04/2019 SEW DIVINE 64.00 222157 10/04/2019 SPOEHR SMITS AND BLAZEL LLC 745.50 222158 10/04/2019 STAINS INDUSTRIAL WOODWORK 528.25 222159 10/04/2019 STAPLES ADVANTAGE 5,625.12 222160 10/04/2019 SWITCHGEAR POWER SOLUTIONS LLC 1,189.52 222161 10/04/2019 THE IMPROVEMENT CENTER LLC 10,680.00 222162 10/04/2019 TOUCHSTONE DISTRIBUTING INC 284.00 222162 10/04/2019 TREE-FREE GREETINGS INC 500.96 222164 10/04/2019 TYLER TECHNOLOGIES INC 4,270.00 222165 10/04/2019 ON TIME EMBROIDERY INC 712.00 222166 10/04/2019 UMS PRINT SOLUTIONS 182.82 222167 10/04/2019 UNITED PARCEL SERVICE 25.76 222168 10/04/2019 US CELLULAR 4,062.05 222169 10/04/2019 U W OSHKOSH 2,500.00 222170 10/04/2019 VERIZON WIRELESS 120.02 222171 10/04/2019 VERMONT SYSTEMS INC 200.00 222172 10/04/2019 VINTON CONSTRUCTION INC 146,185.95 222172 10/04/2019 VON BRIESEN AND ROPER SC 467.50 222174 10/04/2019 WI PUBLIC SERVICE CORP 9,122.52 222175 10/04/2019 WI PUBLIC SERVICE CORP 716.65 222176 10/04/2019 WINNEBAGOCOUNTYTREASURER 72,802.89 222177 10/04/2019 WINNEBAGOCOUNTYTREASURER 296.75 222178 10/04/2019 AUGUST WINTER &SONS INC 820.00 222179 10/04/2019 WISCONSIN PUBLIC RADIO 724.50 222180 10/04/2019 ZORN COMPRESSOR & EQUIP INC 587.90 2,258,672.56 MINUTES OF THE LIBRARY BOARD Oshkosh Public Library August 29, 2019 The Regular Meeting of the Oshkosh Public Library Board of Trustees was held on August 29, 2019. The meeting was called to order at 4:00 p.m.by Board president, Christine Melms-Simon. The meeting was held in the Lower Level Meeting Room at the Oshkosh Public Library. Present were: Bill Bracken, Vickie Cartwright, Christine Melms-Simon, Kim Molitor, Lindsey Mugerauer, David Romond and David Rucker. Absent were: Bob Biebel, Larry Lautenschlager and Amy Sitter. Others present were: Jeff Gilderson-Duwe, Library Director; Tracie Schlaak, Administrative Specialist; Julie Davids, Adjunct Board Member starting in September 2019; JoAnn Brewer, Library Assistant II and Ruth Percey, Assistant Director for Public Services. Friends of the Library Report:No report; the Friend's board is still considering dissolution. Consent Agenda Items: Meeting Minutes - of the July 25, 2019 regular meeting of the library board. Financial Reports - Vouchers Payable $254,245.29 Position Description—Minor revisions to the position description for the Page position are proposed. Motion to approve the Consent Agenda. Motion: Molitor; Second: Cartwright; Vote: Unanimous. New Business: Staff Guest—Tracie Schlaak. Tracie described her duties for the Winnefox Library System and the Oshkosh Public Library. Leadership Oshkosh Adjunct Board Member—Julie Davids will be the adjunct board member on the Oshkosh Public Library Board starting with the September board meeting. Christine Melms-Simon suggested a team mentorship for Julie along with the other new board members David Rucker and Lindsey Mugerauer. There were no objections. 2020 Library Operating Budget Proposal—The proposed 2020 budget conformed with guidelines set by the library board and the city manager. Jeff will meet with the city manager on September 10, 2019 and bring any proposed changes to the board meeting in September to approve. Motion to adjourn the Regular Meeting at 5:12 PM. Motion: Molitor; Second: Bracken; Vote: Unanimous. Respectfully submitted, Jeff Gilderson-Duwe, Secretary Tracie Schlaak—Recorder PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 24, 2019 REGULAR MEETING held Tuesday, September 24, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Bob Poeschl, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, Jake Krause and Mayor Lori Palmeri EXCUSED: Council Member Bill Miller ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Allen Davis, Director of Community Development Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Zulema Belnap & Owen Schulze from Oshkosh North High School. PROCLAMATION Mayor Palmeri proclaimed October 2, 2019 as Take Back the Night day in Oshkosh. Alicia Gehrig from Christine Ann Domestic Abuse Services accepted the proclamation. CITIZEN STATEMENTS Deb Martin, 164 Wyldewood Drive, presented information regarding a new non-profit organization in Appleton and Oshkosh called Breathe Free. She stated the organization assists immigrant families in the community. The brochure and slideshow presentation were filed with the City Clerk's office. Mayor Palmeri questioned if the organization was connected with the 2-1-1 information phone line. PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Ms. Martin explained it was not and thanked Mayor Palmeri for the suggestion. Fred Masten, 124 W. Peckham Street, Neenah, stated he had previously addressed Council regarding funding for recycling receptacles in downtown Oshkosh. He explained he believed additional funding for recycling receptacles and signage was still needed. He stated he believed there needed to be community wide education regarding recycling and littering. He explained he believed location as well as design of recycling receptacles needed to improve. Mayor Palmeri questioned if Mr. Masten lived in Neenah. Mr. Masten stated yes, though not completely. Mayor Palmeri questioned if recycling was something he was working on in the region or just Oshkosh. Mr. Masten stated everywhere. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from September 10, 2019 Receipt of Claims filed with the City's Insurance Company: A) Patricia Hanson for alleged injuries due to an incident on a City bus B) Nancy Schroeder for alleged injuries due to an incident on a City bus Resolution 19-517 Accept Drainage Easement at 3807 Oregon Street (Plan Commission Recommends Approval) Resolution 19-518 Accept Dedication of Street Right of Way for Widening of the East Side of North Koeller Street between Vacated Rath Lane & Oshkosh Avenue (Plan Commission Recommends Approval) Resolution 19-519 Approve Spot Blight Designation; Authorize Redevelopment Authority to Accept Donation of Property at 1124 High Avenue (RDA Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Mugerauer explained he understood the property had a fire and the owner wanted to turn the property over to the City. He questioned what happened to the special assessments related to the property. Mr. Davis stated there were approximately$2,000 in special assessments associated with the property and the current owner would pay those costs upon closing. Council Member Mugerauer questioned what the prospects were for this type of a site. Mr. Davis explained typically City staff demolished the structure and created a site plan for the property prior to listing it on multiple websites for sale. He stated in this case, City staff had already been approached by buyers interested in building a single family home on the property. Resolution 19-520 Approve Employee Health Insurance Agreement with Robin Health Partners & Dental Insurance Agreement with Delta Dental of Wisconsin Council Member Herman requested an explanation of the agreement. John Fitzpatrick, Assistant City Manager/Direction of Administrative Services, explained City staff and a health insurance committee reviewed plan information to ensure the City selected the most economical plan without compromising the quality of benefits. He stated a number of companies would like to work with the City, as the loss ratio was less than .80 percent. He explained this was a credit to the employees and Council. He stated the Three Waves Clinic was a significant benefit and resulted in a decrease in health insurance costs. He explained the change in vendors would not result in a disruption to employees as Robin Health Partners utilized many of the same providers. Council Member Mugerauer stated the clinic had certainly contributed to a reduction in health care expenses and thanked City employees for their efforts in keeping costs low by using the clinic and healthcare program appropriately. Mr. Fitzpatrick agreed and thanked the members of the healthcare committee. Resolution 19-521 Approve Special Event — Oshkosh West High School to utilize City streets for the Oshkosh West Homecoming Parade/October 11, 2019 Resolution 19-522 Approve Special Event—Faith Christian Center to utilize City streets for the Fall Family Harvest Party/October 31, 2019 3 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Resolution 19-523 Approve Special Event — Oshkosh Defense, LLC to utilize City streets for the Oshkosh Defense 5K Run-Walk/November 2, 2019 Resolution 19-524 Approve Special Event—Festival Foods to utilize City streets for the Festival Foods Turkey Trot/November 28, 2019 Resolution 19-525 Approve Special Event — Oshkosh Police Department to utilize Menominee Park & City streets for the OPD Law Enforcement Mental Health & Wellness 5K/May 9, 2020 Resolution 19-526 Approve Block Party—Patricia Waldecker to utilize Melvin Avenue between Grove Street & Oak Street for their neighborhood block party/October 5, 2019 Resolution 19-527 Approve Block Party — Nina Brandes to utilize Cliffview Drive between Graber Street&E. Murdock Avenue for their neighborhood block party/October 19, 2019 Resolution 19-528 Approve Appointment to the Plan Commission Resolution 19-529 Disallowance of Claim by Gretchen Goyke Resolution 19-530 Disallowance of Claim by Sedgwick, Inc. Resolution 19-531 Disallowance of Claim by George Curtis on behalf of Patricia Hanson Resolution 19-532 Disallowance of Claim by George Curtis on behalf of Nancy Schroeder Resolution 19-533 Approve Agent Change, Class "B" Fermented Malt License, Class "C" Wine License, Special Class "B" License & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Herman) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri 4 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-534 Designate the Intersection of Wisconsin Street & Linwood Avenue as a Four Way Stop Intersection & the Intersection of Wisconsin Street & Viola Avenue as a Two Way Stop Intersection (Viola Stops for Wisconsin) (Traffic & Parking Advisory Board Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Mayor Palmeri requested an explanation. Mr. Rohloff stated it was the result of Kwik Trip generating additional traffic on Linwood Avenue. Council Member Poeschl explained he served on the traffic and parking advisory board, and they had reviewed the topic for a month. He stated the transportation department had shared information about the potential change with the neighborhood and informed citizens of the scheduled meetings where it would be discussed. He explained there had not been any neighborhood members who had attended to voice concerns. He stated the recommendation to make the change was unanimous amongst the traffic and parking advisory board. Ordinance 19-535 Approve Temporary Closure of Waugoo Avenue & Otter Avenue at the Canadian National Railroad Crossings FIRST READING; LAID OVER UNDER THE RULES Mayor Palmeri requested an explanation of the closure. James Rabe, Director of Public Works, stated the Canadian National Railroad had contacted City staff and requested a closure to allow for work to be completed on the tracks at the crossings. He explained the closures would begin mid to late October and continue into early November. Council Member Herman stated he appreciated their investment into safer crossings. Mayor Palmeri questioned if the closure would last approximately two weeks. Mr. Rabe stated they had requested a closure of up to two weeks for each intersection. 5 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Resolution 19-536 Support Legislative Action at the State & Federal Level to Address Incidents of Mass Violence & Gun Safety Legislation MOTION: ADOPT (Herman; second, Poeschl) Mayor Palmeri explained she had initiated the resolution as a result of participation with multiple groups. She read the resolution in full. She requested a detailed explanation of what the resolution covered. Dean Smith, Chief of Police, stated he believed the resolution covered areas that were important to the community and law enforcement population as a whole. He explained one of the most significant concerns in Wisconsin was mental health issues and being able to address such issues in a comprehensive way that prevented such individuals from going into crisis was important to law enforcement. He stated law enforcement was not the solution for individuals in mental health crisis. He explained a resolution supporting assistance in that aspect was important to law enforcement. He stated reasonable gun safety was important to law enforcement as well. Ms. Lorenson explained the resolution as drafted based on information from the League of Wisconsin Municipalities, the US Conference of Mayors and the League of Women Voters. She stated it was recognized the City had limited authority in this topic,however, could encourage action by the State and Federal legislatures. Council Member Mugerauer stated when Council had previously discussed the topic, he had cautioned being too political at the local level. MOTION: AMEND TO REMOVE LANGAUGE AFTER'GUN SAFETY LEGISLATION,' TO'INCREASED FUNDING' IN PARAGRAPH TWO PAGE TWO OF RESOLUTION 19-536 (Mugerauer; second, Allison-Aasby) Council Member Mugerauer explained he supported calling on legislators to put forth reasonable gun safety legislation and legislation to increase funding for awareness and treatment of mental health. He stated the other talking points included in the paragraph should not be addressed at a local level. He explained they were political issues and Council was a non-partisan entity. He stated the resolution advocated for too many Democratic talking points. Council Member Krause disagreed. He explained he did not believe it was a political issue and the idea behind the resolution was to advocate for making the community safer. 6 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 He stated there was support for reasonable gun control throughout the country. He questioned if Chief Smith believed universal background checks, 'red flag' laws, reasonable waiting period and other items listed would make the community safer. Chief Smith explained it was not necessarily a straightforward answer that those items would make the community safer. He stated he believed responsible legislation at the State level was important for gun safety and allowing law enforcement to respond to those who were in mental health crisis. Council Member Krause questioned if Chief Smith believed crime rate would decrease if firearms were less accessible to those with mental health concerns. He stated last year there were more gun deaths in the United States than vehicle accident deaths. Chief Smith explained he did not have the data to address that topic. He stated it was a broad statement to say there would be less crime if a particular piece of legislation was in place. He explained it would make law enforcement's job easier. Council Member Krause stated there were mental health concerns worldwide, however, the United States had the most access to firearms. Council Member Poeschl explained he appreciated Council Member Mugerauer bringing up the idea of topic being partisan. He stated he did not believe it was a partisan item and he had not been a member of a political party for a number of years. He explained his opinion on the topic had no relation to party lines. He stated the resolution provided legislators with what local leaders believed they should be looking at. He explained it was based on a safety concern and believed it was important to look at all potential tools to take steps to make communities as safe as possible. He stated he had no political affiliation and the safety of community members was his top concern. He explained encouraging legislators to address these concerns was a strong step forward. He encouraged Council to look at the subject from a non-partisan community safety perspective. Council Member Allison-Aasby stated she agreed it was an important topic. She explained she would be more comfortable with language that supported responsible gun laws and mental health awareness. She stated legislation and additional State designated funding related to mental health would make law enforcement's job easier. She explained she agreed with Council Member Mugerauer's suggestion of verbiage. She stated she would like to leave the specifics to legislators, as she was confident they would take steps to put legislation in place. 7 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Herman explained he was not concerned with the language in the resolution. He stated they were all topics that were currently being discussed within the community. He explained he believed the resolution demonstrated that Council believed the issue of gun violence and mental health concerns needed to be addressed. He stated he believed criminals would find a means to purchase firearms even if legislation was in place. He explained he would support the resolution as he did not believe it would have a negative impact to the City, as it simply explained Council was in support of legislation and hopefully an end to gun violence. Council Member Allison-Aasby stated she was confident that her colleagues were in support of ending gun violence. She complimented Mayor Palmeri for bringing the resolution forward, as it was bold, as well as City staff and the groups who collaborated on the topic. Mayor Palmeri explained there was bipartisan support for sensible measures, and the items in the resolution were thoughtfully put together to reflect basic, common sense measures. She asked for an explanation of 'red flag' laws and extreme risk protection orders, and how they would be impactful to Oshkosh. Chief Smith explained as he understood it, 'red flag' laws would not take away due process from citizens. He stated it was his understanding that with 'red flag' laws in place, if a law enforcement officer went to a home of an individual who was in mental crisis, and firearms were present, the officer would be able to remove them. He explained it would not be permanent, however, and would allow the individual to have a due process hearing after the crisis situation had been resolved. He stated he believed it would protect law enforcement, families and the individual who was experiencing the mental crisis. He explained law enforcement frequently dealt with individuals in crisis, which was difficult in and of itself, and when firearms were added to the situation it became even more complicated. Mayor Palmeri stated at a recent conference, Mayor Tim Hanna had shared details regarding a first responder who recently lost his life due to gun violence. She explained she had been struck by the fact that the bus had traveled through Oshkosh 15 minutes prior to the incident, and had the situation unfolded differently, the Oshkosh community may have experienced that gun violence first hand. She stated that realization had pushed her to be bold and she appreciated her colleagues' thoughts on the issue. LOST: Ayes (2) Allison-Aasby, Mugerauer Noes (4) Poeschl, Herman, Krause, Mayor Palmeri 8 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (4) Poeschl, Herman, Krause, Mayor Palmeri Present (2) Allison-Aasby, Mugerauer Resolution 19-537 Approve Tax Increment District No. 38 Project Plan; Designate Tax Increment District No. 38 Boundaries; Create Tax Increment District No. 38 Pioneer Redevelopment (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri explained the plan commission had recommended approval based on consistency with the City's comprehensive plan. Council Member Herman stated he supported the new tax increment district and believed that development of the area was long overdue. He explained the development would bring new and exciting activities to Oshkosh. He stated a number of citizens had informed him that they were pleased with the plans for development. He explained he believed it would be good for Oshkosh. He stated he believed the developers had done their due diligence and the 'pay-go' TIF would put the burden of upfront costs on the developers. Council Member Mugerauer agreed. He stated the Pioneer property had been a topic of discussion in the City for many years. He explained it had previously been a destination point in Oshkosh and he had hopes that it would be again. He stated he understood the developer had hopes that additional funding and development may come to the site, which would be even better. Council Member Poeschl explained he believed a portion of the land had to be considered blighted for a TID, however, thought the property had incredible potential for development. He stated he understood the property had been dormant for a number of years and the structures had deteriorated. He questioned if the site had to be called blighted to provide the tax increment benefit. Mr. Davis stated yes; a TID could only be created under specific conditions, including blight, industrial and mixed use purposes. He explained blight was identified on the site due to environmental conditions, the deteriorated structures and the condition of the fill material on the property. He stated the conditions in the fill were not visible to the public, 9 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 however, the deteriorated structures were. Council Member Poeschl questioned if the years of disrepair leading to the property's current condition was why the property was considered blighted. Mr. Davis stated that was one of the factors. He explained there were a number of blighting factors listed in State Statutes and the island and marina met many of them. He stated there would need to be dredging completed, environmental testing and remediation required, pilings installed on the island to support any kind of structures and existing structures including bridges, parking lots, buildings and the sea wall were dilapidated and needed to be replaced. Council Member Poeschl explained it was his understanding then that although it was a highly developable area, there were items that could not be used in future development due to current condition. Mr. Davis stated yes, although he was uncertain exactly what Council Member Poeschl was describing. Council Member Poeschl explained it was his perception that every time there was a project occurring in the community the City offered a TIF. He stated he understood the City had a limited set of tools to assist with economic development, and he was not stating that he was not in favor of this project or the TIF. He explained he wished there was another economic development tool the City could utilize in a situation such as this, with prime real estate. He stated he struggled with deeming every property the City promoted as blighted when that was not the reality. He explained it may be blighted from a developmental perspective, however, it was a beautiful piece of prime real estate. He stated the City was lucky to have a local developer taking on the site. He explained he was in support of assisting with economic development,however, he would like to do so with promoting the property as opposed to calling it blighted. Mr. Rohloff stated there was a legal definition of blight, which the property met. He explained he believed Council Member Poeschl was questioning if the potential for a development site took away from the definition of blight. He stated it did not. He explained without the TIF, it was likely the development would not occur, as the developer would need a great deal of assistance for it to make economic sense for them. He stated even though a site may have great potential, its current condition was still blighted. Todd Taves, Senior Municipal Advisor, Ehlers, agreed there were only certain 10 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 circumstances that allowed for the creation of a TID. He explained the TID terms, such as timeframe, were dependent on such circumstances as well. Council Member Allison-Aasby stated she wished the City had perfect land to sell, and TIDs were not necessary. She explained some properties, such as the Pioneer property, had deteriorated to the point of being blighted. She stated the developer had significant challenges and substantial construction costs, and she believed for development to occur, the City would need to provide some type of incentive. Mayor Palmeri explained that the City's TIF policy had been updated within the last few years, and one of the items Council had preferred in that criteria was that the payback period would be a maximum of 20 years. She stated she understood because of the blight there was the ability to have a longer term, however, her perspective was just because it was possible did not mean the timeframe should be extended. She explained her concern was that the property had been blighted for so long that Council and City staff were so excited to see a potential development that they may take action on something that was not quite right. She stated she understood that there were a number of complexities and struggles with the property, as desirable as it may be. She explained a compelling piece of the development was public access points. She stated she was struggling to see how the estimated $50 million dollars in tax increments would be generated over the next few years. Mr. Davis explained that City staff had tried to create as much flexibility for Council as possible, which was why the proposed TIF was for 27 years. He stated it would give the City the time necessary to make and pay off the public improvements. He explained there was an elaborate riverwalk planned that would cost in excess of$10 million dollars. He stated environmental remediation would be required as most sites in Oshkosh contained poor soils and contamination. He explained those would be items negotiated in the developers agreement, between Council and the developer. He stated the TID had been drafted as flexible as possible for both Council and the developer. Mayor Palmeri explained there was a$4 million dollar'phase one' and a$4 million dollar 'phase two' described in the Ehlers plan, and it was noted somewhere in the document that the City would be responsible for the sea wall. She questioned if those phases described included an assumption of being able to remedy the sea wall. Mr. Davis stated those costs did not include the sea wall, and if included, the overall cost of the riverwalk would increase. Council Member Poeschl questioned how much the project could change. 11 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Art Dumke, 2020 Menominee Drive, stated he did not anticipate the marina portion of the development to significantly change. He explained his hope for the island was not to have a significant number of residential components; he wanted something to be built that attracted people to Oshkosh. He stated if an investor did not step forward in the near future to develop the island in a different way, they would move forward with the existing plans. Council Member Poeschl stated it was his understanding that within a two/three month window that Council would have a concrete idea of the plans for the island. Mr. Dumke explained the specific plan may not be complete by then, however, the likelihood of knowing the direction of the project would be substantial. Council Member Mugerauer stated he believed this was a unique TID for the City. He explained Council had been asked for a compressed timeframe and the end result of the project was not fully known at this point. He questioned if Mr. Taves had any concerns about the ambiguity of the project. Mr. Taves stated he was not concerned as the creation of the tax increment district only created the tax capturing mechanism to enable projects. He explained Council would still have the ability to question the developers and make decisions based on the developers agreement and other development approval processes. He stated at this stage,the goal was to create as broad of a plan as possible, and include specific protections in the developers agreement. Mayor Palmeri explained she understood that the assumption of generated tax increment was based on full development assumption, which would not occur within the next several months. Mr. Taves stated it was strictly an estimate. He explained if the projected $50 million dollars in generated revenue was not achieved, it would reduce the amount of incentives that were paid. Mayor Palmeri questioned what the phrase 'full development scenario' meant in this situation. Mr. Taves explained it would be the highest and best use situation, and non-descript in terms of particular uses. 12 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Resolution 19-538 Approve Amendment to 2019 Budget for TIF 38 Pioneer Redevelopment MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri asked for an explanation of the amendment. Mr. Davis stated when the City's budget was created last year, there was not a TIF 38, and to engage any outside assistances, such as Ehlers or other attorneys/financial consultants, generated a cost. He explained while the City received application fees to cover the costs, it needed to be placed in the budget to pay the outside consultants. Mayor Palmeri questioned if it was an eligible project cost. Mr. Davis stated yes, and the funds were collected from the developers to front the initial costs. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained there was a meeting with the Oshkosh Area School District scheduled for October 151h at 6:00 p.m. in room 404. Council Member Poeschl stated he believed it had been determined at the previous Council meeting that transportation would be an agenda item at that meeting. Mr. Rohloff explained that was the only agenda item he had noted so far. Council Member Poeschl stated that discussion may take a full hour. Mr. Rohloff explained that was certainly possible, however, there were other items that may be discussed such as potential collaborations. He encouraged Council to send him any other agenda items they would like to see. Council Member Allison-Aasby stated she was tentatively traveling on that date, however, was trying to make other arrangements. She explained if she was unable to attend she would communicate with Mayor Palmeri. 13 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Mayor Palmeri stated Council Member Allison-Aasby was the Council representative for the transit advisory board, and questioned if she would follow up after the discussion. Council Member Allison-Aasby explained that she would. Council Member Herman stated there would be a closed session immediately following the meeting with the school district to discuss the City Manager's evaluation. He explained he would like to have it complete so any potential budget implications could be planned for. Mayor Palmeri questioned if he expected any information from Council Members. Council Member Herman stated any ideas or suggestions they had been considering. Fred Masten, 124 W. Peckham Street, Neenah, questioned from the audience if that was open to the public. Council Member Herman stated that it was not; it was a closed session. Council Member Krause stated there were significant health related issues documented related to vaping. He explained it was not regulated and had the potential to be dangerous. He questioned what steps Council may want to take to ensure the safety of the community. Council Member Herman stated Council had passed an ordinance related to vaping on school property. He questioned if Council Member Krause was pursuing a vaping ban ordinance for the City. Council Member Krause explained some communities were going that route. He stated he was interested in what could be accomplished from a legal standpoint. Council Member Herman explained an ordinance would be the only option. Council Member Krause stated he believed it may be an option to pursue. He explained there may be businesses who would be impacted, however, he believed ethically they would want what was best for the community as well. He stated he would be interested in having a ban on sales and use. 14 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Mugerauer explained he believed it was worthy of discussion and questioned if the City Attorney could provide legal framework to establish what Council was able to do within the confines of their authority. Ms. Lorenson questioned what kind of a timeline he was requesting as she was short staffed. Council Member Mugerauer stated he did not have a specific timeline in mind; he believed if Council Member Krause was asking about legal ramifications, Council should be aware of the options. Mr. Rohloff explained City staff could work with the League of Wisconsin Municipalities to determine what other communities were doing in regards to vaping. He stated the potential ordinance would be dependent on the scope Council wished to take, and could encompass anything from no sales to no vaping. Council Member Krause stated he was comfortable with taking the time to research the subject. Mayor Palmeri thanked Council Member Krause for bringing the topic forward as health, safety and wellness of the general public should be priority. She stated while she could appreciate City staffing concerns, she believed the League of Wisconsin Municipalities may be able to offer insight. Mr. Rohloff stated he would also check with his professional group to see what other municipalities were doing. Mayor Palmeri explained Council Member Miller was not present and recommended moving the discussion on premier resort tax to the next Council meeting. Council Member Herman agreed. Council Member Poeschl explained approximately nine other communities within Wisconsin were discussing banning conversion therapy. He stated conversion therapy was targeted at converting an individual's preference of sexuality or gender to heterosexuality. He explained research demonstrated the practice led to higher amounts of suicide, depression and mental health struggles. He stated Eau Claire and Superior Wisconsin had banned the practice as it relates to minors. He explained the practice as a whole was banned in Milwaukee, Madison, Cudahy, Shorewood,Racine and Sheboygan. He stated Eau Claire's school board determined that their healthcare providers were not 15 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 permitted to engage in the activity, meaning they would not offer health insurance with a provider that would cover conversion therapy. He explained Sheboygan was the most recent community to pass a ban, and most of the bans had passed with a strong majority of votes. He stated he would like Council to discuss the topic and potentially have a workshop to determine what direction they should take. He explained he believed the topic may fit well with the diversity committee that had been discussed. He stated there were many individuals who believed the practice was taking place within the City, however, it was hard to determine if that was true as it was often protected by confidentiality and HIPPA laws and was often practiced within a church or religious community. Mayor Palmeri thanked Council Member Poeschl for bringing the subject forward. She stated she had received two email requests regarding a conversion therapy ban, and it was her understanding the only aspect the City could act on was related to a business who charged for the service. She explained the other challenge would be enforcement. Council Member Krause stated he thought a workshop would be a great idea. He explained youth experienced a number of challenges and conversion therapy was an unnecessary added difficulty. Mayor Palmeri questioned if Council Member Krause believed a diversity committee should have a workshop or Council. Council Member Krause stated he believed Council should hear from community members and educators. Council Member Poeschl questioned if Council would request City staff to put together a workshop or what direction Council wished to take. Mr. Rohloff stated he would need guidance on who to approach on the subject. He explained City staff would be able to provide insight on the legal ramifications, however, they would need assistance regarding education on the subject matter. He stated he would need direction from Council to begin putting together a workshop. Council Member Poeschl questioned what the status was of the diversity committee. Mayor Palmeri explained the diversity committee would be placed on a future Council agenda after the budget was finalized. 16 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Poeschl stated he believed this topic would fit well with the diversity committee. Mayor Palmeri explained it was her understanding that such a ban was two-fold; it was geared to protect children and create a more inclusive community. She questioned if any of the other communities who had such a ban had information regarding what had occurred as a result of the ban. Council Member Poeschl stated he did not have that information. He explained some of the bans were recent. Mayor Palmeri explained she believed the subject went beyond what Council could seriously give thought to in a workshop. She stated a more focused group might do the topic more justice. Council Member Krause agreed. He explained the committee would be able to thoroughly research the topic and provide Council information so it would be a worthwhile agenda item. Mr. Rohloff stated what he understood was the topic could be one of the first goals of the diversity committee after the City budget was adopted. Mayor Palmeri explained there were other items community members would like to see the diversity committee address. Council Member Krause stated a number of other municipalities had recognized Indigenous Peoples Day as a replacement for Columbus Day. He explained it would recognize the significant history of the area as opposed to the questionable character of Christopher Columbus. He questioned if Council would be in support of replacing Columbus Day with Indigenous Peoples Day. Mayor Palmeri stated she had received a phone call from a leader of a 4-H group at North High School who had requested that Council consider recognizing Indigenous Peoples Day. She explained it sounded as though the group was suggesting it in addition to Columbus Day. She stated she would connect with the group to see what they were requesting. Council Member Krause explained Christopher Columbus never set foot in the United States as he only travelled as far as the Bahamas. He stated he disagreed with an American holiday that celebrated an individual who had never been in America. 17 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Mayor Palmeri questioned if he was requesting a proclamation, a resolution or both. Council Member Krause stated he would like to change the observed holiday. Mr. Rohloff explained that the City did not observe or recognize Columbus Day. Council Member Krause stated he would like a proclamation. Mayor Palmeri questioned if he believed the 4-H group should make a recommendation. Council Member Krause stated yes. Mr. Rohloff explained he would provide the copy of the resolution from Marathon County as a point of reference. He stated he believed the Mayor wanted it to be a learning process for the 4-H group. Mayor Palmeri explained if she understood the request correctly, she believed they were requesting a learning experience. She stated the holiday was October 121h which would give the group a short period of time. Mr. Rohloff explained proclamations were not complicated and as long as he received it by the afternoon of Thursday, October 3rd, it would be possible to have on the October 81h agenda. Council Member Poeschl questioned what prevented a Council Member from doing a proclamation. He stated he did not believe a group was required. He questioned if there was a policy regarding proclamations. Mayor Palmeri explained there was not currently a policy in place. She stated Council had honored other requests in the past as there was not a guiding policy in place on which ones were given out. Ms. Lorenson indicated she had gathered information regarding the topic. Council Member Poeschl explained a Council Member would be able to request a proclamation for Indigenous Peoples Day. Mr. Rohloff stated yes. 18 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Poeschl explained he believed that would be a positive message to send to the community. He questioned if Council could come to a consensus about whether there should be a proclamation about Indigenous Peoples Day. Mayor Palmeri explained she had wanted to honor the teaching experience that she believed was being requested. She stated she would share the individual's contact information so Council could form an opinion on what she was looking for. Mr. Rohloff indicated the municipal code was vague in reference to proclamations. He stated at this point, all the code indicated was that the Mayor issued proclamations. Council Member Allison-Aasby explained she understood the Mayor had the authority to issue proclamations, and typically they were presented to an individual or group at the Council meeting. She recommended being thoughtful in selecting the recipient. Council Member Poeschl questioned if larger municipalities routinely did not recognize Columbus Day. Mr. Rohloff stated he believed the Federal government recognized Columbus Day, however,very few municipalities did. He explained there were a limited number of paid holidays municipalities could offer. Council Member Krause stated he believed a proclamation would be an appropriate action. He explained he agreed that Council needed to carefully consider who to present the proclamation to. He stated he viewed it as a learning opportunity to teach people about the history of the country. Mayor Palmeri explained if the 4-H group did not want to go through the learning process and put together the proclamation, Council would draft one and thoughtfully consider who they could invite to accept it. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. 19 PROCEEDINGS OF THE COMMON COUNCIL-SEPTEMBER 24, 2019 CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the status of outstanding issues was included in the agenda packet. He explained the public safety staffing studies were complete and the next phase was the facilities study. He stated Oshkosh Corporation was still planned to open in fall. Mayor Palmeri questioned if there was an opening date selected. Mr. Rohloff stated approximately November 1st. He explained it would not be a publicly noticed meeting as it was a private event so invitations to Council would be limited. He stated there were a number of contract approvals in the Council packet. He explained site plan reviews had been going well, and because the volume had increased a number were sent to Brown and Caldwell. He stated the cost was recovered through site plan review fees. He explained the other two contracts were for geo-technical reviews that were completed annually. MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL RENDER ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS OR IS LIKELY TO BECOME INVOLVED RELATED TO FOX VALLEY PRO BASKETBALL INC. AND/OR PROPERTY LOCATED AT 1212 SOUTH MAIN STREET IN THE CITY OF OSHKOSH (Herman; second, Mugerauer) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:53 p.m. PAMELA R. UBRIG CITY CLERK 20 City f Oshkosh October 8, 2019 City Manager and Members of Common Council City of Oshkosh, Wisconsin City Manager and Council Members, Attached is the Cash and Investment Recapitulations of City operations, utility, and trust accounts for the month of June 2019. Respectfully submitted, *-I kk NCY1(/lW'Io4 Jennifer L. Messerschmidt, CPA Assistant Director of Finance JLM/pkl Enclosure Finance Department City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 920.236.5005 http://www.ci.oshkosh.wi.us CITY OF OSHKOSH CASH AND INVESTMENT RECAPITULATION As of June 30,2019 CASH CASH INVESTMENTS COST 2018 TOTAL AT COST TOTAL OPERATING FUNDS General Fund $78,688,667.14 $13,911,285.18 Treasurer's Working Fund 4,850.00 0.00 Other Petty Cash Funds 9,485.00 78,703,002.14 0.00 13,911,285.18 PENSION FUNDS Police Pension 15,186.76 555,338.94 Firemen's Pension 12,006.00 27,192.76 128,755.41 684,094.35 TRUSTFUNDS Behncke Museum Trust 47,014.25 188,615.83 William E.Bray Museum Trust 16,239.89 4,052.91 Cemetery Perpetual Care 110,591.31 1,038,416.72 Leander Choate 5,019.35 56,855.70 Clute 0.00 243.88 Amy Davies Library Fund 0.00 0.00 Durow Trust 0.00 3,296,967.07 Fisk-Gallup 15,668.12 0.00 Gould 200.00 3,728.78 Abbey Harris Library 108,254.11 125,216.65 Heyman 426.18 35,016.10 Hicks 10,647.65 175,046.02 Hilton Library&Museum 0.00 4,290.51 Hilton Special Library 0.00 985.50 Huhn Animal Shelter Trust 0.00 4,546.08 Hume 43.31 1,267.81 Kitz Museum Memorial Trust 5,503.05 284.559.36 Kitz Directors Trust 8,418.11 253,086.85 Library Collection Improvement Trust 0.00 989,325.54 Library Development and Support Trust 0.00 482,639.37 Library Facility Trust 0.00 1,129,785.86 Library Programming Support Trust 0.00 679,057.51 Library Technology Trust 0.00 415,604.37 Maxwell-Crawford 192.57 7,375.45 Museum Endowment 94,429.56 323,337.37 Public Library Memorial Fund 102,324.76 0.00 Pitlel 0.00 0.00 Rasmussen Library,Mabel 0.00 28,505.33 Roberts 105.48 2,324.32 Rojahn,Frank and Anna 0.00 8,040.71 Page 1 of 2 CITY OF OSHKOSH CASH AND INVESTMENT RECAPITULATION(continued) As of June 30,2019 CASH CASH INVESTMENTS COST 2018 TOTAL AT COST TOTAL TRUST FUNDS(continued) Sarau $7.57 $5,282.44 Stanhilber-Library&Parks 186,765.78 633,677.26 Stanhilber-Parks Only 10.68 1,254.76 M.Zellmer Library 0.00 711,861.73 12,003.39 10,191,109.45 OTHER FUNDS Tax Collection 0.00 304.75 Cable TV Franchise-Escrow 0.00 10,382.89 GO-HNI Collateralization 0.00 207,388.32 Museum Membership Fund 0.00 0.00 92,588.26 310,664.22 UTILITY FUNDS Water Utility-Operating $4,846,823.56 $1,126,311.53 Water Utility-Depreciation 0.00 143,827.03 Water Utility-Special Redemption 74,3%01 3,989,283.14 Water Utility-Bond/Note 4,680,737.28 0.00 Sewerage Utility-Operating 3,697,785.16 0.00 Sewerage Utility-Replacement 0.00 1,976,879.03 Sewerage Utility-Bond/Note 6,680,112.17 (0.00) Sewerage Utility-Debt Service 0.00 4,586,973.39 Storm Water Utility-Operating 8,264,310.56 528.50 Storm Water Utility-Bond/Note 15,292,847.06 0.00 Storm Water Utility-Debt Service 0.00 6,362,910.80 Parking Utility-Operating 68,034.62 43,605,000.42 0.00 18,186,713.42 TOTAL FUNDS $123,047,057.05 $43,283,86R62 CASH RECONCILIATION Associated Bank of Oshkosh $122,877,695.67 Sub-Total,Bank Balances 122,877,695.67 Less: Outstanding Checks 730,851.40 Total Cash in Banks 122,146,844.27 Plus,Cash/Deposits in Transit 900.212.78 TOTAL CASH $123,047,05T05 Page 2 of 2 Statewide Services, Inc, Claim Division 1241 John Q.Hammons Dr. P.O.Box 5555 Madison,WI 53705-0555 877-204-9712 October 1, 2019 City of Oshkosh & City of Oshkosh Transit Authority PO Box 1130 Oshkosh WI 54902 RE: Insured: City of Oshkosh Claimant Name: Eric Schlichting/Water City Properties Claimant Address: 5377 Inlet Court, Omro WI 54963 Claim Number: WM000702661021 Date of Loss: 06/12/2019 Statewide Services, Inc. is rd-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 r Y OCT 01 2019 CITY CLERK'S OFFICE Statewide Services, Inc. Claim Division 1241 John Q.Hammon Dr. P.O.Box 5555 Madison,WI 53705-0555 877-204-9712 September 26, 2019 City of Oshkosh & City of Oshkosh Transit Authority PO Box 1130 Oshkosh WI 54902 RE: Insured: City of Oshkosh Claimant Name: Eric Schlichting(Water City Properties) Claimant Address: 1128 W 5th, Oshkosh, WI 54902 Claim Number: WM000702661020 Date of Loss: 09/20/2019 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 SEP 2 7 2019 CITY CLERK'S OFFICE, OCTOBER 8, 2019 19-541 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO 2019 CIP BUDGET FOR TIF #19 FERNAU COURT CUL-DE-SAC PAVING $145,000 INITIATED BY: FINANCE DEPARTMENT WHEREAS, the Common Council has adopted the 2019 CIP Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, TID #19 has sufficient funds to pay for the needed paving of the Fernau Court cul-de-sac; and WHEREAS, an amendment to the 2019 CIP Budget is necessary for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2019 CIP Budget, on file in the City Clerk's Office, is hereby amended with adjustments as listed in attached Amendment 10. Cityof W Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: October 1, 2019 RE: Approve Budget Amendment to TIF 19$145,000 BACKGROUND The cul-de-sac bulb at the end of Fernau Court in the Northwest Industrial Park is currently gravel and is in need of paving. When Fernau Court was originally installed, the lots were vacant and when sold, would need to connect to the city's water and sewer main in the cul-de-sac bulb. If the bulb was paved, this would be a huge cost to the businesses. In an effort to save the businesses money, the city elected to keep the bulb gravel until the lots were sold and developed. A majority of the lots are now developed, so it is an appropriate time to pave. ANALYSIS With the final lot having been vacant for some time, the gravel cul-de-sac has become a nuisance to the business owners and a continuous maintenance effort for City staff. The cost of paving Fernau Court is approximately$145,000. There is a change order to Public Works contract 19-04 for Council's consideration on the agenda which includes additional services for paving Fernau Court and bringing the existing driveway aprons up to code. FISCAL IMPACT TID 19 has sufficient funds to pay for the Fernau Court cul-de-sac paving. RECOMMENDATION Council approves a budget amendment for TIF #19 in the amount of$145,000. Submitted, Approved: mit 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 2019 Capital Improvement Program Budget Amendment, Exhibit # 10 Agenda Date: 10-08-19 Account Description: TID 19 Account#: 0528-1040-7216-00000 Explanation: Paving for Fernau Court Cul-de-sac Dollar Amount: $ 145,000 OCTOBER 8, 2019 19-542 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CHANGE ORDER NO. 1 PUBLIC WORKS CONTRACT NO. 19-04 HAZEL STREET (WASHINGTON AVENUE TO EAST IRVING AVENUE RECONSTRUCTION, FERNAU COURT PAVING AND PEARL AVENUE PAVING) / DORNER, INC. (+$265,593.08) INITIATED BY: PUBLIC WORKS DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the following change Order, a copy of which is attached, is hereby approved: DORNER, INC. E506 Luxemburg Road Luxemburg, WI 54217 Net Increase to Contract: $265,593.08 PURPOSE: See attached Change Order. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 0321-0410-6801-04904 Contract Control Fund - Paving 0321-0410-6802-04904 Contract Control Fund - Sanitary Sewer 0321-0410-6804-04904 Contract Control Fund - Storm Sewer 0321-0410-6806-04904 Contract Control Fund — Sidewalk 0528-1040-7216 TIF # 19 0311-0410-7480 Sidewalk Construction Fund 0317-0410-7480-03304 Special Assessment Fund - Sidewalks 0315-0410-7480- Street Improvement Fund Expenditures 0317-0410-7480-03301 Special Assessments Fund — Streets 0317-0410-7480-03303 Special Assessments Fund —Water 0317-0410-7480-03302 Special Assessments Fund - Sewer City f W Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager/City Engineer DATE: October 3, 2019 RE: Change Order No. 1 for Public Works Contract No. 19-04 Hazel Street (Washington Avenue to East Irving Avenue) Reconstruction, Fernau Court Paving, and Pearl Avenue Paving Dorner, Inc. (+$265,593.08) BACKGROUND Change Order No. 1 for Contract 19-04 is scheduled for consideration by the Common Council at the October 8, 2019 meeting. The contract was originally awarded to Dorner, Inc. in March of 2019. This change order is for additional services outside the original scope of work for this contract. Those additional services include the paving of the Fernau Court cul-de-sac and significant street patching on Pearl Avenue, from Jackson Street to Riverway Drive. The City originally planned to pave the Fernau Court cul-de-sac after all of the properties were developed. There is one (1) lot left to develop on the cul-de-sac, but this has been vacant for several years now. The gravel cul-de-sac has become a nuisance to the adjacent business owners and a continuous maintenance effort for City staff. For those reasons, it was determined that the paving should occur now, rather than continue to wait for the final lot to develop. Pearl Avenue requires immediate attention due to storm sewer failures and significant pavement failure. The scope of work is significant enough that Streets Division crews are unable to perform this work while completing other necessary work yet this fall. Due to the time required to prepare plans and specifications, a formal advertisement and bid could not be completed to allow for enough time to complete the construction of these projects in 2019. Plans were sent to two(2) contractors that currently have open contracts with the City that were of significant enough size to allow this additional work to be added on to their contracts. Those contractors submitted sealed proposals for the work. l\Engineering\2019 CONTRACTS\19-04 1 st Paving\Project_information\Correspondence\Memo\19- Page 1 of 2 04 Memo for CO xl 10-3-19.docx ANALYSIS Engineering Division staff reviewed the proposals from the two (2) contractors that received the plans for this additional work. The low proposal was received from Dorner, Inc. in the amount of$265,593.08. Engineering Division staff recommend the work be added to Contract 19-04 Hazel Street (Washington Avenue to East Irving Avenue) Reconstruction by this change order. FISCAL IMPACT New Construction Contract Section Change Order Amount Costs with Engr CIP Budget Amount Street $115,291.74 $1,319,275.44 $1,533,200 Storm Sewer $7,360.00 $1,025,453.78 $1,419,000 Sanitary Sewer $9,440.00 $664,994.62 $797,500 Water Main $0.00 $786,237.11 $1,107,600 Sidewalk $8,685.00 $63,319.20 $127,700 Traffic $0.00 $160,817.81 $300,000 Park Improvements $0.00 $163,551.68 $165,000 TIF #19 $124,816.34 $141,994.30 $145,000 Total $265,593.08 $4,325,643.94 $5,595,000 Adequate funds are available in the relating sections of the 2019 Capital Improvement Budget. An amendment to the Capital Improvement Budget is being presented at this council meeting as well, since the money for TIF #19 was budgeted for 2020. RECOMMENDATIONS I recommend approval of Change Order No. 1 to Contact No. 19-04 in the amount of+$265,593.08 to Dorner, Inc. Approved: 4—Th - Mark A. Rohloff City Manager JG/tlt I:\Engineering\2019 CONTRACTS\19-041st Paving\Project_Information\Correspondence\Memo\19- Page 2 of 2 04 Memo for CO Pl 10-3-19.docx TO: DORNER, INC. CHANGE ORDER#1 E506 LUXEMBURG ROAD (WORK FOR CONTRACT 19-24) LUXEMBURG, WI 54217 DATE: SEPTEMBER 30, 2019 Your present contract with the City of Oshkosh, Contract No. 19-04, awarded March 26, 2019, is hereby amended and changed as follows: NET INCREASE TO ADDITIONAL WORK: $265,593.08 NET INCREASE TO CONTRACT $265,593.08 SECTION I TOTALS BID TOTAL $3,539,793.35 $3,539,793.35 CO#1 $265,593.08 $265,593.08 CONTRACT TOTAL $3,805,386.43 $3,805,386.43 CITY OF OSHKOSH BY: City Manager City Clerk Approved and accepted: Contractor I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. Comptroller Approved as to form: City Attorney CONTRACT 19-04 CHANGE ORDER NO.#1 CONTRACT 19-04 WORK UNIT A ADDITIONAL WORK REQUIRED: ITEM CONTRACT PROPOSED NET NET UNIT INCREASE IN DECREASE IN NUMBER DESCRIPTION UNIT CONTRACT CONTRACT QUANTITY QUANTITIES INCREASE DECREASE PRICE TI PRICE PRICE Mobilization; complete as Lump A-1050 specified Sum 0.00 1.00 1.00 $30,000.00 $30,000.00 Removing concrete and asphalt sidewalk and driveway, complete as Square A-1120 specified Feet 0.00 434.30 434.30 $2.00 $868.60 Unclassified excavation; Cubic A-1200 complete as specified Yards 0.00 98.20 98.20 $28.00 $2,749.60 8"concrete pavement doweled; HES;with base in place and grading; complete Square A-1314B as specified Yards 0.00 835.00 835.00 $83.00 $69,305.00 Drilled dowel bars; 1 1/4"; A-1354 complete as specified Each 0.00 27.00 27.00 $15.00 $405.00 Adjust manholes and inlets; A-1360 complete as specified Each 0.00 3.00 3.00 $386.00 $1,158.00 Turf restoration on Fernau Square A-1370 Court; complete as specified Yards 0.00 525.00 525.00 $15.00 $7,875.00 Cold weather covering (concrete pavement)-single visquine; complete as Square A-1380 specified Yards 0.00 823.90 823.90 $0.01 $8.24 Cold weather covering (concrete pavement)-double visquine; complete as Square A-1382 specified Yards 0.00 276.00 276.00 $4.40 $1,214.40 Cold weather covering (concrete pavement)-double visquine with 6"hay; Square A-1384 complete as specified Yards 0.00 276.00 276.00 $11.00 $3,036.00 Up-charge for late season cold weather concrete pavement; complete as Cubic A-1390 specified Yards 0.00 186.00 186.00 $9.00 $1,674.00 12"radius curb with 6"CABC and grading: complete as Linear A-1410 specified Feet 0.00 285.00 285.00 $11.00 $3,135.00 6"concrete sidewalk/ driveway/ramp(HES)with 3" CABC and grading; complete Square A-1514 as specified Feet 0.00 965.00 965.00 $9.00 $8,685.00 No. 4 reinforcing rods- deformed;epoxy-coated; Linear A-1550 complete as specified Feet 0.00 60.00 60.00 $2.00 $120.00 Cold weather covering (sidewalk)-single visquine: Square A-1580 complete as specified Feet 0.00 965.00 965.00 $1.10 $1,061.50 Page 1 of 3 CONTRACT 19-04 CHANGE ORDER NO.#1 ITEM CONTRACT PROPOSED NET NET UNIT INCREASE IN DECREASE IN NUMBER DESCRIPTION UNIT CONTRACT CONTRACT QUANTITY QUANTITIES INCREASE DECREASE PRICE PRICE PRICE Cold weather covering (sidewalk)-double visquine; Square A-1582 complete as specified Feet 0.00 316.00 316.00 $2.20 $695.20 Cold weather covering (sidewalk)-double visquine with 6"hay; complete as Square A-1584 specified Feet 0.00 316.00 316.00 $3.30 $1,042.80 Up-charge for late season cold weather concrete sidewalk; complete as Cubic A-1590 specified Yards 0.00 18.00 18.00 $11.00 $198.00 Sawing existing pavement; Linear A-1700 complete as specified Feet 0.00 45.00 45.00 $6.00 $270.00 Furnish and install 12"storm Linear A-2003 sewer; complete as specified Feet 0.00 57.00 57.00 $102.00 $5,814.00 Furnish and install storm sewer marker balls;complete A-2404 as specified Each 0.00 1.00 1.00 $58.00 $58.00 Furnish and install storm sewer clay dams, complete A-2406 as specified Each 0.00 1.00 1.00 $127.00 $127.00 Furnish; install; maintain; and remove Type D modified inlet protection; complete as A-2508 specified Each 0.00 2.00 2.00 $116.00 $232.00 Sediment removal-Type D modified inlet protection; A-2510 complete as specified Each 0.00 2.00 2.00 $23.00 $46.00 Furnish; install; maintain; and remove stone bag; complete A-2516 as specified Each 0.00 6.00 6.00 $12.00 $72.00 Connect to existing storm sewer manhole; complete as A-2856 specified Each 0.00 1.00 1.00 $1,011.00 $1,011.00 Furnish and install external sanitary sewer manhole chimney seal; complete as A-3114 specified Each 0.00 1.00 1.00 $524.00 $524.00 Furnish and install external sanitary sewer manhole chimney seal extension; A-3116 complete as specified Each 0.00 1.00 1.00 $441.00 $441.00 Furnish and install 8"x 6" sanitary sewer factory wyes or tees; complete as A-3210 specified Each 0.00 1.00 1.00 $202.00 $202.00 Furnish and install 6"sanitary sewer lateral(new); complete Linear A-3232 as specified Feet 0.00 55.00 55.00 $136.00 $7,480.00 Furnish and install sanitary sewer lateral marker balls; A-3236 complete as specified Each 0.00 2.00 2.00 $58.00 $116.00 Furnish and install clay A-3238 dams; complete as specified Each 0.00 1.00 1.00 $127.00 $127.00 Page 2 of 3 CONTRACT 19-04 CHANGE ORDER NO.#1 ITEM CONTRACT PROPOSED NET NET UNIT INCREASE IN DECREASE IN NUMBER DESCRIPTION UNIT CONTRACT CONTRACT QUANTITY QUANTITIES INCREASE DECREASE PRICE PRICE PRICE Closed circuit televising; Linear A-3700 complete as specified Feet 0.00 25.00 25.00 $22.00 $550.00 ADDITIONAL WORK REQUIRED: WORK UNIT A(BID ITEMS A-1050 -A-3700)-SUBTOTAL: $150,301.34 $0.00 WORK UNIT B ADDITIONAL WORK REQUIRED: ITEM CONTRACT PROPOSED NET NET UNIT INCREASE IN DECREASE IN NUMBER DESCRIPTION UNIT CONTRACT CONTRACT QUANTITY QUANTITIES INCREASE DECREASE PRICE PRICE PRICE Removing concrete and asphalt sidewalk and driveway; complete as Square B-1120 specified Feet 0.00 315.70 315.70 $2.00 $631.40 Unclassified excavation; Cubic B-1200 complete as specified Yards 0.00 71.80 71.80 $28.00 $2,010.40 8"concrete pavement HES removal and replacement; including sawing; pavement ties;dowel bars; bond breaker; integral curb and fine grading;turf restoration; and traffic control; complete Square B-1319 as specified Yards 0.00 850.00 850.00 $120.00 $102,000.00 Crushed aggregate base course; complete as B-1340 specified Tons 0.00 140.00 140.00 $17.00 $2,380.00 Adjust manholes and inlets; B-1360 complete as specified Each 0.00 5.00 5.00 $386.00 $1,930.00 Cold weather covering (concrete pavement)-single visquine. complete as Square B-1380 specified Yards 0.00 834.10 834.10 $0.01 $8.34 (concrete pavement)-double Square B-1382 visquine; complete as Yards 0.00 279.00 279.00 $4.40 $1,227.60 Cold weather covering (concrete pavement)-double visquine with 6"hay; Square B-1384 complete as specified Yards 0.00 279.00 279.00 $11.00 $3,069.00 Up-charge for late season cold weather concrete pavement; complete as Cubic B-1390 specified Yards 0.00 185.00 185.00 $11.00 $2,035.00 ADDITIONAL WORK REQUIRED: WORK UNIT B(BID ITEMS B-1120 -B-1390)-SUBTOTAL: $115,291.74 $0.00 NET INCREASE : $265,593.08 NET INCREASE TO ADDITIONAL WORK $265,593.08 NET INCREASE TO CONTRACT: $265,593.08 Page 3 of 3 • Alb Fernau Court Cul-de-Sac Paving Change Order Owner:Oshkosh WI,City of Solicitor:Oshkosh WI,City of Proposal Opening: 10/1/2019 10:00 AM CDT Dorner Inc. PTS Contractors,Inc E506 Luxemburg Road Luxemburg,WI 54217 Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Work Unit A $150,301.34 $181,050.28 Mobilization;complete A-1050 as specified Lump Sum 1.00 $30,000.011 530,000.00 S67,000.00 S67,000.00 Removing concrete and asphalt sidewalk and driveway;complete as A-1121) specified Square Feet 434.30 $2.00 $868.60 $2.35 $1,020.61 Unclassified excavation; A-1200 complete as specified Cubic Yards 98.20 $28.00 $2,749.60 $52.25 $5,130.95 8"concrete pavement doweled;HES;with base in place and grading; A-1314B complete as specified Square Yards 835.00 $83.00 $69,305.00 $69.30 $57,865.50 Drilled dowel bars;1 1/4";complete as A-1354 specified Each 27.00 $15.00 $405.00 $22.00 $594.00 Adjust manholes and inlets;complete as A-1360 specified Each 3.00 $386.00 $1,158.00 $525.00 $1,575.00 Turf restoration on Fernau Court;complete A-1370 as specified Square Yards 525.00 $15.00 $7,875.00 $11.65 $6,116.25 Cold weather covering (concrete pavement)- single visquine; A-1380 complete as specified Square Yards 823.90 $0.01 $8.24 $0.01 $8.24 Cold weather covering (concrete pavement)- double visquine; A-1382 complete as specified Square Yards 276.00 $4.40 $1,214.40 $0.01 $2.76 Cold weather covering (concrete pavement)- double visquine with 6" hay;complete as A-1384 specified Square Yards 276.00 .$1 1 00 S3,036.00 $0.01 $2.76 Up-charge for late season cold weather concrete pavement; A-1390 complete as specified Cubic Yards 186.00 $9.00 $1,674.00 $23.25 $4,324.50 11@ypl nnozUi9 covmac-rs 1924 F2I22•6C,\62269,109rulwn',Conean 66u\1924 861 LF_ILL-119 I'age 1 of 5 10/1/21119 As Fernau Court Cul-de-Sac Paving Change Order Owner:Oshkosh WI,City of Solicitor:Oshkosh WI,City of Proposal Opening: 10/1/2019 10:00 AM CDT Dorner Inc. PTS Contractors,Inc E506 Luxemburg Road Luxemburg,WI 54217 Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension 12"radius curb with 6" CABC and grading; A-1410 complete as specified Linear Feet 285.00 $11.00 $3,135.00 $16.50 $4,702.50 6"concrete sidewalk/ driveway/ramp(HES) with 3"CABC and grading;complete as A-1514 specified Square Feet 965.00 S9.00 $8,685.00 $8.95 $8,636.75 No.4 reinforcing rods- deformed;epoxy-coated; A-1550 complete as specified Linear Feet 60.00 $2.18) $120.00 $2.30 $138.00 Cold weather covering (sidewalk)-single visquine;complete as A-1580 specified Square Feet 965.00 $1.10 $1,061.50 $0.01 $9.65 Cold weather covering (sidewalk)-double visquine;complete as A-1582 specified Square Feet 316.00 $2.20 $695.20 $0.01 $3.16 Cold weather covering (sidewalk)-double visquine with 6"hay; A-1584 complete as specified Square Feet 316.00 $3.30 $1,042.80 $0.01 $3.16 Up-charge for late season cold weather concrete sidewalk; A-1590 complete as specified Cubic Yards 18.00 $11.00 $198.00 $23.25 $418.50 Sawing existing pavement;complete as A-1700 specified Linear Feet 45.00 $6.00 $2 0.00 $5.00 $225.00 Furnish and install 12" storm sewer;complete A-2003 as specified Linear Feet 57.00 $102.00 $5,814-00 $165.00 59,405.00 Furnish and install storm sewer marker balls;complete as A-2404 specified Each 1.00 $58.00 $58.00 $138.01) S138.01) I\ErypneennF 1]019 CONTRACTS,19-24 Fernau CI\Prgen-Wom,ai,,,I oouacl Wo\1941 RW I,i_I i.I Page 2 er1 5 11111,20 14 Fernau Court Cul-de-Sac Paving Change Order Owner:Oshkosh WI,City of Solicitor:Oshkosh WI,City of Proposal Opening: 10/1/2019 10:00 AM CDT Dorner Inc. PTS Contractors,Inc E506 Luxemburg Road Luxemburg,WI 54217 Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Furnish and install storm sewer clay dams, A-2406 complete as specified Each 1.00 $12.00 $127.00 $232.00 $232.00 Furnish;install; maintain;and remove Type D modified inlet protection;complete as A-2508 specified Each 2.00 $116.00 $232.00 $115.00 S23000 Sediment removal- Type D modified inlet protection;complete as A-2510 specified Each 2.00 $23.00 $46.00 $115.00 $2,30.00 Fumish;install; maintain;and remove stone bag;complete as A-2516 specified Each 6.00 $12.00 $72.00 $12.00 $ 2.00 Connect to existing storm sewer manhole; A-2856 complete as specified Each 1.00 $1,011.00 $1,011.00 $1,085.00 $1,085 00 Furnish and install external sanitary sewer manhole chimney seal; A-3114 complete as specified Each 1.1k) $524 00 $524.00 $465.00 $465-00 Furnish and install external sanitary sewer manhole chimney seal extension;complete as A-3116 specified Each 1(k) 5441 00 $441.00 5405.00 $40500 Furnish and install 8"x 6"sanitary sewer factory wyes or tees;complete A-3210 as specified Each LI0 $202.00 $202.00 $275 00 $275.00 Furnish and install 6" sanitary sewer lateral (new);complete as A-3232 specified Linear Feet 55.00 $136.00 $7,480.00 $I75.00 $9,625.00 I.1F pj,renng12019CONTRAC15119.24 Fun.;CtIPrqeat-Wonnabo, ontrad Wo\I9Q{&d LE_IO-1.19 Page 3 of 5 10/1/2019 • Femau Court Cul-de-Sac Paving Change Order Owner:Oshkosh WI,City of Solicitor:Oshkosh WI,City of Proposal Opening: 10/1/2019 10:00 AM CDT Dorner Inc. PTS Contractors,Inc E506 Luxemburg Road Luxemburg,WI 54217 Section Title Item Code Item Description Uo1M Quantity Unit Price Extension Unit Price Extension Furnish and install sanitary sewer lateral marker balls;complete A-3236 as specified Each 2.00 $58.00 $116.00 $138.00 $276.110 Furnish and install clay dams;complete as A-3238 specified Each 1.00 $127.00 $127.00 $235.00 $235.00 Closed circuit televising, A-3700 complete as specified Linear Feet 25.00 $22.00 $550.00 $24.00 $600.00 Work Unit B $115,291.74 $89,678.62 Removing concrete and asphalt sidewalk and driveway;complete as B-1120 specified Square Feet 315.70 $2.00 $631.40 $2.35 $741.90 Unclassified excavation; B-1200 complete as specified Cubic'Yards 71.80 $28.00 $2,010.40 $52.25 $3,751.55 8 concrete pavement HES removal and replacement;including sawing;pavement ties; dowel bars;bond breaker;integral curb and fine grading;turf restoration;and traffic control;complete as B-1319 specified Square Yards 850.00 $120.00 S102,000.00 $86.70 $73,695.00 Crushed aggregate base course;complete as B-1340 specified Tons 140.00 $17.00 $2,380.00 $32.50 $4,550.00 Adjust manholes and inlets;complete as B-1360 specified Each 5.00 S386.00 $1,930.00 $525.00 $2,625.00 Cold weather covering (concrete pavement)- single visquine; B-1380 complete as specified Square Yards 834.10 511.01 $8.34 $0.01 $8.34 nfnBnoenn,BUmw CONTRACT, Fenn.,,envrrq..n-worm. ,cane,.,mmUY44 Bid nn_io-i I, Page 40lS I01'20H Fernau Court Cul-de-Sac Paving Change Order Owner:Oshkosh WI,City of Solicitor:Oshkosh WI,City of Proposal Opening: 10/1/2019 10:00 AM CDT • Dorner Inc. PTS Contractors,Inc E506 Luxemburg Road Luxemburg,Wl 54217 Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Cold weather covering (concrete pavement)- double visquine; B-1382 complete as specified Square Yards 279.00 54.40 $1,227 60 $0.01 $2.79 Cold weather covering (concrete pavement)- double visquine with 6" hay;complete as B-1384 specified Square Yards 279.00 $11.00 $3,069.00 50.01 5279 Up-charge for late season cold weather concrete pavement, B-1390 complete as specified Cubic Yards 185.00 $11.00 $2,035.00 $23.25 $4,301.25 Bid Total: $265,593.08 $270,728.90 I 1 P,go ng\2ow(OMTRACRu42.Fem.0<n Proen_wo,or.noo rcoorr,r.Into 119-2.ad 2,6 2o-i.19 Page 5 of 5 10/121119 OCTOBER 8, 2019 19-543 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MASTERS OSHKOSH LLC, ROGANS STORES OSHKOSH, LLC AND PHOENIX REALITY, LLC FOR PLACEMENT OF STORM WATER MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT OF WAY; SOUTH SIDE OF THE 1800 BLOCK OF WEST 20TH AVENUE INITIATED BY: MASTERS OSHKOSH LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of this request with conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC and Phoenix Reality, LLC and their contractors, a privilege in street for placement of storm water management facilities within public right of way on the south side of the 1800 block of W. 201h Avenue, per the attached, with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s), but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. OCTOBER 8, 2019 19-543 RESOLUTION CONT'D 5. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten(10) days of notice. 8. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. # ti City f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Service Manager DATE: October 3, 2019 RE: Approve Granting Privilege in Street to Masters Oshkosh LLC, Rogans Stores Oshkosh LLC and Phoenix Reality, LLC for Placement of Storm Water Management Facilities within Public Right of Way; South side of the 1800 Block of West 20th Avenue (Plan Commission Recommends Approval) BACKGROUND/ANALYSIS Masters Oshkosh, LLC is requesting a privilege in the street to allow placement of storm water facilities related to the Mineshaft restaurant and entertainment development. The proposed facility is in the form of a dry drainage detention basin located north of the Mineshaft property from S. Koeller Street to Interstate 41 right-of-way. Site grading and minor enhancements to existing storm water structures will be part of the construction activity. Areas of the dry basin will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City facilities. The Department of Public Works has reviewed the request and has no concerns with the proposed project that cannot be addressed with the standard privilege-in- the-street conditions. RECOMMENDATION The Plan Commission recommended approval of the granting privilege in the street with conditions at its September 17, 2019 meeting. Respectfully Submitted, Approved: 6.—s3 Mark Lyon Mark A. Rohloff Planning Services Manager City Manager City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us PRIVILEGE IN STREET Document Number Document Title Recording Area Name and Return Address City Attorney Office P O Box 1130 Oshkosh WI 54903-1130 91334222034, 91323100404, 91323100401, 91323100402, 91323100403 Parcel Identification Number (PEX) This instrument drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 1 October 3, 2019 PRIVILEGE IN STREET AGREEMENT 1. This Agreement is between Masters Oshkosh, LLC, PO Box 270422, Hartford, Wisconsin 53027-0422 (individually, Masters), Rogan Stores Oshkosh LLC, 1750 Ohio Street, Racine, Wisconsin 53405-3626 (individually,Rogan),and Phoenix Realty,LLC,401 E.Kilbourn Avenue,Suite 201,Milwaukee,Wisconsin 53202 (individually, Phoenix)(collectively, Owners), and the City of Oshkosh, 215 Church Avenue, Oshkosh,Wisconsin 54901 (City). The Owners and City agree that One Dollar($1.00)and other good and sufficient consideration as described or referenced in this document has been given to,and received from the other(s)as part of this Agreement. 2. The Owners shall always be responsible,jointly and severally, for the obligations and liabilities of this Privilege in the Street. In the event that one or more of the Owners conveys, or proposes to convey, all or part of a parcel to third parties,then that Owner must contact the City regarding options for assigning its interest in the Privilege in the Street. Masters,Rogan,and Phoenix shall not assign,convey,or transfer this Privilege, in whole or in part, to any other person or entity without the written consent of the City of Oshkosh. Conveyance of property without assignment of the Privilege interests may result in the revocation of the Privilege. The restriction in the previous sentence does not include contractor's performing work to carry out the purpose of this Agreement. 3. This storm water improvements and facilities to be installed subject to this Privilege in the Street shall benefit the City of Oshkosh's overall public storm water drainage and retention system,as well as for the benefit of the following parcels for the purpose of addressing storm water drainage and retention issues on the redevelopment Site: a. Masters Oshkosh,LLC. Parcel Number 91334222034 Lot 3 and 4 of Certified Survey Map Number 5964,as recorded September 7,2006 in Volume 1, Page 5964,Document Number 1410416,Winnebago County Register of Deeds,excluding lands used for right-of-way purposes for DOT Project 1120-10-21 described in documents 1493434 and 1511246, Winnebago County Register of Deeds. b. Rogan Stores Oshkosh LLC. Parcel Number 91323100404 Lot 2 of Certified Survey Map No. 5964 recorded with the Winnebago County Register of Deeds on September 7, 2006 in Volume 1 of Certified Survey Maps on Page 5964 as Document No. 1410416. Said land being in the City of Oshkosh, County of Winnebago, State of Wisconsin. c. Phoenix Realty,LLC. Parcel Numbers 91323100401, 91323100402, 91323100403 Lots 1 and 2 of Certified Survey Map Number 3 521,recorded with the Winnebago County Register of Deeds on September 4, 1996, as Document Number 947777,being part of the Northwest 1/4 of Section 34,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin. and Lot 1 of Certified Survey Map Number 5964, recorded with the Winnebago County Register of Deeds on September 7,2006,as Document Number 1410416,being part of the Northwest 1/4 of the Northwest 1/4 of Section 34, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County,Wisconsin. 4. The Owners and/or subsequent owners of parcels are redeveloping a multi-parcel commercial site (collectively,Site). The proposed redevelopment configuration includes certain storm water drainage and/or retention requirements occurring within the City's public right-of-way. Private property owners may only use public right-of-way under certain conditions including the requirement that they are granted a Privilege in the Street by the City as described by state statute. Therefore,this Agreement is entered into pursuant to Section 2 October 3, 2019 66.0425, Wisconsin Statutes, which governs the granting of Privileges in the Street. This Agreement incorporates and is subject to the terms,conditions, and requirements of Wis. Stat. 66.0425,except for the statutory terms that are explicitly modified through this Agreement,as well as any additional terms identified herein. 5. City approval of this Privilege in the Street,as well as zoning and other approvals and for this redevelopment Site, shall not act as, nor be interpreted or inferred as, granting easements or interests in real property, or granting or conveying any other property rights. The Privilege granted may therefore at all times be revoked by the City at its discretion and without obligation as described in Wis. Stat. 66.0425, or as otherwise explicitly described in this Agreement. Due to the nature of this Agreement, it may not be required to be recorded with the County land records. However, the inclusion of the Privilege in the Street as a current component of the Site's redevelopment results in the understanding that this Agreement may be recorded with the Winnebago County Register of Deeds to provide notice of the limitations of this Privilege to potential future owners of the parcels within the Site or others reviewing interests in the site. 6. The Owners and/or subsequent owners are redeveloping the large site commonly known as Aviation Plaza. Masters,Rogan,and Phoenix each owning separate parcels within the larger Site,although it is anticipated that Phoenix will at some point be conveying its interests to others for the actual redevelopment. Each ofthe Owners are separately engaged in either new construction or renovations of existing commercial buildings and/or utility and storm water improvements on the larger redevelopment Site. Despite the separate plans and actions of the individual Owners,the overall composition of the proposed new development and uses of the Site requires that some of the storm water drainage and retention issues be addressed for the larger Site as a whole. Therefore,while the Privilege in the Street is physically adjacent to only one of the parcels,all ofthe parcels within the Site will benefit from the Privilege in the Street. 7. The City of Oshkosh Common Council on May 28,2019 through Resolution Number 19-319,approved the Site's General Development Plan and Specific Implementation Plan. Included within the aforementioned approval was the Council condition that any subsequent Privilege in the Street satisfying requirements ofthe City's Department of Public Works,along with the requirement that the Owner's improvements and use of the area within the public right-of-way subject to the Privilege in the Street must also provide substantial public benefit. A copy of Resolution Number 19-139 is attached as Exhibit A. 8. The City of Oshkosh Common Council on October 8,2019,through Resolution Number 19-543,approved the Privilege in Street benefitting Owners and their redevelopment plans. A copy of Resolution Number 19- 543 is attached as Exhibit B. 9. The Owners,jointly and severally, shall be responsible for damages to person or property by reason of the granting of the Privilege. Masters,Rogan, and Phoenix each specifically affirm that they understands the extent of its responsibilities and liabilities and accept all such legal obligations. The preceding terms are not intended to limit the obligations and liabilities described in state statute,but instead to reiterate or expand the obligations and liabilities described therein. 10. The Owners may have their own separate private agreements between themselves and with third parties relating to various interests in the property or regarding cost sharing and distribution of liabilities and obligations. The City is not bound by the terms of any such separate agreements between the Owners or between the owners and third parties. 11. The City's public right-of-way subject to the non-exclusive use by the Owners for this Privilege in the Street is identified and described in Exhibit C, attached. 12. Non-exclusive uses or improvements within the City's public right-of-way, along with proposed improvements on adjoining private property, are identified and described in Exhibit D, attached. 3 October 3, 2019 13. The City has used the public right-of-way subject to this Privilege as part of its storm water management system and for other public uses prior to granting this Privilege in the Street. The rights contained in this Privilege shall always be subordinate to the City's use. The granting of this Privilege shall not limit the City's future use of its public right-of-way. 14. The Owners may use the public right-of-way described in this Privilege in the Street Agreement for storm water drainage and retention purposes originating from the redevelopment Site,which is comprised of the parcels identified in paragraph 2,above. The City of Oshkosh through its Department of Public Works must pre-approve grading and/or installation of all structures and facilities within the public right-of-way. No unapproved construction, improvements, or installations are allowed within the public right-of-way. The City's approval of any location of any storm water drainage or retention structure,shall not act as a waiver or modification of any obligation or liability pursuant to this Agreement or any other applicable agreement or law. 15. The City may revoke this Privilege in the Street as allowed by Wis. Stat. 66.0425, or for any other lawful reason. The actions of one party may result in revocation of the Privilege as it relates to all parties. 16. The City currently uses and has municipal utilities and facilities within the Privilege area and shall retain the right to construct or install and operate any other Municipal utilities and facilities at the City's sole discretion. The City shall reasonably restore any surface it has disturbed. In no case shall the City be responsible for specific restoration undertaken by Owner. 17. The right-of-way within the Privilege in the Street also contains public utilities and facilities. This Privilege is subordinate to the use of the right-of-way by public utilities,both present and future. It shall always be the responsibility of the Owners to work with the public utilities regarding installation, repairs, and surface restoration. In no case shall the City be responsible for such restoration. 18. In addition to all other terms and conditions described herein, the following are additional terms and conditions of this Agreement: a. Masters,Rogan,and Phoenix agree that they is solely responsible for all costs,actions, claims,and liabilities related to their use of the public right-of-way.This includes both maintenance and repairs. Masters,Rogan, and Phoenix's responsibilities begin from the commencement of this project and continue until such time as the storm water drainage or retention structures in the public right-of-way are abandoned and restored,or their interest in this Privilege is assigned,whichever comes first. b. The surface of the Privilege property shall be maintained by the Owners in a manner satisfactory to the City. Maintenance includes mowing and ensuring that the drainage swale and/or channel retains its established grade,remains free of obstructions that would prevent it from draining in the manner it was designed to drain, and retains sufficient grass to minimize erosion. Owners shall not place snow or ice on the Privilege property. Owners shall not store anything on the Privilege property, including personal property, equipment, or materials. c. Masters,Rogan,and Phoenix shall assume full liability for damages to person or property by reason of the actions of its employees,agents,general contractors,subcontractors,and any other person and entity performing work relating to their private storm water drainage or storm water storage facilities within the public right-of-way. d. Masters,Rogan,and Phoenix agree to indemnify,hold harmless,and release the City from and for any claims by any person or entity asserted against the City for damage to person or property resulting from any activities covered by or undertaken through Agreement. 4 October 3, 2019 i e. Masters,Rogan,and Phoenix agree to correct and repair any damage to the City's property,both real and personal property, resulting from the Privilege in the Street and to reimburse the City for any cost or expense it may incur as a result of the Activities. I f Masters, Rogan, and Phoenix shall follow all City requirements for constructing, repairing, or backfilling,such surface disruptions,and shall provide the City with all reasonable documentation regarding the actions occurring within the right-of-way. g. The City is currently unaware of any environmental challenges that may exist upon and within the public right-of-way. Owner is responsible for resolving any environmental issue,at its expense,that they discover in the privilege property. This includes costs if investigation, notifications, and remediation. In the event any actual,anticipated,or perceived environmental issues are discovered by the Owner within the public right-of-way, the Owner agrees to notify the City as soon as practicable as well as provide the City with copies of final reports, data, summaries, and other information that is related to any environmental issues within the public right-of-way. h. In the event a storm water drainage or retention structure or facility is abandoned at some point in the future,then the storm water drainage or retention structure or facility shall be returned to its original condition or, in the case of structures, shall be removed at least thirty-six (36) inches from the surface and thereafter abandoned pursuant to all applicable rules and standards of any regulatory body including the City,whichever provides the more strict standards. i. The City's use of the public right-of-way shall always be a priority over any other use. In the event that a storm water drainage or retention structure or facility has been installed in the right-of-way and that placement adversely affects the City's future use of the right-of-way,then the parties shall enter into good faith discussions about relocation options for the storm water drainage or retention structure,. Additionally,Masters, Rogan, and Phoenix agree to afford the City the opportunity to participate and comment as part of relocation discussions between Masters,Rogan,and Phoenix,and any other entity including without limitation any public utility. j. This Agreement does not supersede or modify Masters,Rogan,and Phoenix requirement to obtain right-of-way permits to perform the activities within the right-of-way subject to this Agreement. k. Masters,Rogan,and Phoenix agree that the terms of this Agreement shall be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City. 19. This Privilege is subject to all terms and conditions contained in any authorizing Resolution adopted by the City of Oshkosh Common Council, which are incorporated through all Exhibits to this Agreement. By executing this Agreement and by using the Privilege,the undersigned agree to fully abide by all terms and conditions,and all State of Wisconsin requirements,whether by statute or administrative rule. The statutory requirements as of the date of this agreement include Section 66.0425, Wisconsin Statutes, but future amendments and/or renumbering shall also apply. This Privilege may be revoked for any lawful reason, including but not limited to for noncompliance with the authorizing Resolution and this Agreement. 20. This Agreement shall be governed by Wisconsin law. Venue for all dispute resolutions shall be Winnebago County, Wisconsin. SIGNATURE PAGES FOLLOW 5 October 3, 2019 MASTERS OSHKOSH,LLC By: Thomas J.Masters,Managing Member STATE OF WISCONSIN ) ) ss. WASHINGTON COUNTY ) Personally came before me this day of ,2019,the above-named Thomas J.Masters of Masters Oshkosh,LLC,to me known to be such person who executed the foregoing document and acknowledged that they executed the same as such officers by its authority,for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: ROGAN STORES OSHKOSH LLC,by ROGAN SHOES,INCORPORATED,its sole member By: Patrick A.Rogan,President of Rogan Shoes, Incorporated, its sole member STATE OF WISCONSIN ) ) ss. RACINE COUNTY ) Personally came before me this day of ,2019,the above-named Patrick A.Rogan, President of Rogan Shoes, Incorporated,the sole member of Rogan Stores Oshkosh LLC to me known to be such person who executed the foregoing instrument and acknowledged the same as and for said Rogan Stores Oshkosh LLC,by his authority as President of Rogan Shoes,Incorporated. Notary Public,Racine County, Wisconsin My Commission expires: PHOENIX REALTY,LLC By: Managing Member (print name) STATE OF WISCONSIN ) ss. MILWAUKEE COUNTY ) Personally came before me this day of 2019, the above-named of Phoenix Realty, LLC, to me known to be such person who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: 6 October 3, 2019 CITY OF OSHKOSH By: And: Mark A. Rohloff,City Manager Pamela R.Ubrig, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this day of 2019, the above-named and of the City of Oshkosh to me known to be such person(s)who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: 7 October 3, 2019 I' i i MAY 2812019 19-319 RESOLUTION I I (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) i PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR RESTAURANT/ INDOOR ENTERTAINMENT VENUE; 2105 SOUTH KOELLER STREET INITIATED BY: MASTERS OSHKOSH, LLC 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 of a restaurant and indoor entertainment venue at 2105 South Koeller Street, 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 of a restaurant and indoor entertainment venue at 2105 South Koeller Street, per the attached; is hereby approved with the following conditions: 1. Base standard modification for pavement setback reduction along W. 20th Avenue from the required 25' to the existing 17.75' 2. Base standard modification to allow light pole within the required front yard setback along the north property line. 3. Base standard modification to increase the maximum parking stall spaces without a landscaping island from 20 spaces to 22 spaces as indicated on the site plan. 4. Base standard modification to increase the maximum allowed parking to 830 spaces. 5. Base standard modification to allow a dumpster enclosure within the front yard as indicated on the site plan. 6. Base standard modification to allow a loading space within the front yard as indicated on the site plan. 7. Base standard modification to increase the maximum fixture mounting height from 20' to 23'. Exhibit l�r MAY 28, 2019 19-319 RESOLUTION CONT'D 8. Base standard modification to increase the maximum allowed EMC from 100 sq. ft. to 150 sq. ft. 9. Development shall be limited to three signs as outlined within the SIP request. 1-192 sq. ft. pylon sign including 150 sq. ft. EMC along Interstate 41 and two 15 sq. ft. monuments signs. There shall be no wall signage permitted. The final storm water management plan to utilize the Right of Way shall Clog l be approved by the Department of Public Works and provide substantial public benefit. Additionally, the developer must enter into an agreement with the City to allow for the installation within the Right of Way and potential need to remove the facilities should public use of said Right of Way be needed. 11. Developer shall provide a wildlife mitigation plan for the wet storm water pond for review and approval by the Department of Community Development. 12. Base standard modification to reduce the required Building Foundation landscaping requirement of 50% of the required points along the main entrance to providing 33% of the required points along the main entrance. 13. Base standard modification to reduce the required yard landscaping from 1,080 to 709 points. 14. Base standard modification to allow 14 landscaping islands (as identified on the approved landscaping plan) to use low deciduous trees instead of the code required shade or tall deciduous. 15. Final landscaping plan shall be reviewed and approved by the Department of Community Development. 16. All split face block shall be replaced with stone, stone veneer or a similar Class I material. 17. Curved corrugated metal siding and Curved corrugated rusty metal siding as outlined in the Building Facade section of the report shall be permitted in conformance with the provided and approved building exteriors. 18. Final building exteriors shall be reviewed and approved by the Department of Community Development. 19. Refuse enclosure shall be clad in the same materials as the primary structure. 20. Code compliant photometric plan shall be provided. Exhibit � ���- OCTOBER 8, 2019 19-543 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MASTERS OSHKOSH LLC, ROGANS STORES OSHKOSH, LLC AND PHOENIX REALITY, LLC FOR PLACEMENT OF STORM WATER MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT OF WAY; SOUTH SIDE OF THE 1800 BLOCK OF WEST 20THAVENUE INITIATED BY: MASTERS OSHKOSH LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of this request with conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC and Phoenix Reality, LLC and their contractors, a privilege in street for placement of storm water management facilities within public right of way on the south side of the 1800 block of W. 2011,Avenue, per the attached, with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh,Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s),but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs,expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 4"MmAhibit OCTOBER 8, 2019 19-543 RESOLUTION CONT'D 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten(10) days of notice. 8. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. Fxhibit "6 � bro/,- W. 20TH AVENUE S51*10'28"E N79'29'13"E N86'04'06"E 22.73' 86.32' 48.86' N82'56'09"E N87'43'19"E 325.21' N27'30'05"E 97.49' 27.71' PRIVILEGE IN THE STREET S20'02'07"E EXHIBIT 25.68' �� � i' VNW CORNER N88'36'28"W SOUTH RIGHT-OF-WAY S00'49'01"W WI `V/ OF LOT 4 594.16' LINE OF W. 20TH AVENUE 44.66' P.O.B. W, �� NE CORNER ryI �Q OF LOT 4 EASTERLY RIGHT-OF-WAY CSM NO 5964 WEST RIGHT-OF-WAY I! LINE OF INTERSTATE '41" LINE OF KOELLER STREET J' LLJj 01, LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5964, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO. 1410416; THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49 FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86'-04'-06" EAST, A DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH 51'-10'-28" EAST, A DISTANCE OF 22.73 FEET, THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68 FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00-49'-01" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING. SAID PRIVILEGE CONTAINS 35,452 SQUARE FEET. DATE: SEPTEMBER 17, 2019 V Always a Better Plan 190, 0 100' 200' EXCEL POND DDUU lAr-w!S4935 F�sm 1"- 100' ENGINEERING SCALE FEET SURVEYING GROUP PROJECT N0. 1863480 Exhibit C W. 20TH AVENUE S51*10'28"E N79'29'13"E N86'04'06"E 22.73' 86.32' 48.86' ©_ 6�`09"E N87'43'1 "E 5.2f - N27'3 '05�E 97.49' W W W N w 27 71' u PRIVILEGE IN THE STREET S20'02'07"E _ EXHIBIT 25.68' T _ T T f g Fo nit N 8'36 28 W SOUTH RIGHT-OF-WAY SQQ•49 01 W W! 594.16' LINE F W. 20TH AVENUE 4 r Wi F—1 NW CORNER P.O.B. LLJi- �� " OF LOT 4 NE CORNER _l ST OF LOT 4 ' -JI " LOT 4 WI + CSM_NO_ EASTERLY RIGHT-OF-WAY 5964 WEST RIGHT-OF-WAY - 01 LINE OF KOE"ER STREET 1 LINE OF INTERSTATE '41" • �p I _ LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5964, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO, 1410416; THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27.71 FEET, THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49 FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86'-04'-06" EAST, A DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH 51'-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68 FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00'-49'-01" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING. SAID PRIVILEGE CONTAINS 35,452 SQUARE FEET. DATE: SEPTEMBER 17, 2019 �v 0 Always a Better Plan EXCEL 100 01AAa.OT DRIVE 100' D 100' 200' FOND DU lA�VJI 54935 ENGINEERINGI� �(92MMAIM 1"= 100' SCALE FEET SURVEYING GROUP PROJECT N0. 1863480 ■ EXh e brt � ��� � ITEM: GRANT PRIVILEGE IN THE STREET—SOUTH SIDE OF THE 1800 BLOCK OF W. 20TH AVENUE FOR PLACEMENT OF STORM WATER MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT-OF-WAY Plan Commission meeting of September 17,2019. GENERAL INFORMATION Applicant: Masters Oshkosh, LLC. Owner: City of Oshkosh Action Requested: Masters Oshkosh, LLC is requesting a privilege in the street for construction of storm water management facilities located within City right-of-way. Applicable Ordinance Provisions: N/A but any location of a non-city or public utility use in City right-of-way requires the issuance of a privilege-in-the-street permit. Section 66.0425 of the Wisconsin Statutes regulates the issuance of privileges in the streets. Property Location and Type/Analysis: Masters Oshkosh,LLC is requesting a privilege in the street to allow placement of storm water facilities related to the Mineshaft restaurant and entertainment development. The proposed facility is in the form of a dry drainage detention basin located north of the Mineshaft property from S.Koeller Street to Interstate 41 rights-of-way. Site grading and minor enhancements to existing storm water structures will be part of the construction activity. Areas of the dry basin will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City facilities. The Department of Public Works has reviewed the request and has no concerns with the proposed project that cannot be addressed with the standard privilege-in-the-street conditions. RECOMMENDATION/CONDITIONS Staff recommends approval of the request for the privilege-in-the-street with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh,Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s),but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits,including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten(10) days of notice. S. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. The Plan Commission approved of the privilege-in-the-street as requested with conditions. The following is the Plan Commissions discussion on this item. Site Inspections:Report:Mr.Hinz reported visiting the site. Staff report accepted as part of the record. Masters Oshkosh,LLC is requesting a privilege in the street for construction of storm water management facilities located within City right-of-way. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Masters Oshkosh, LLC is requesting a privilege in the street to allow placement of storm water facilities related to the Mineshaft restaurant and entertainment development. The proposed facility is in the form of a dry drainage detention basin located north of the Mineshaft property from S. Koeller Street to Interstate 41 right-of-way. Site grading and minor enhancements to existing storm water structures will be part of the construction activity. Areas of the dry basin will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City facilities. The Department of Public Item-Privilege in Street—S.Side of South 1800 Block of W.20°i Avenue Works has reviewed the request and has no concerns with the proposed project that cannot be addressed with the standard privilege-in-the-street conditions. He said staff recommends approval of the request for the privilege-in-the-street with the conditions as stated in the staff report. Mr. Fojtik opened technical questions to staff. Mr. Fojtik asked if these were standard conditions for this type of request. Mr. Nau replied correct. Mr. Lyons said this area is part of the existing storm water management plan. He said with the redevelopment,this site is going to be accommodating all of the storm water at the northwest corner for the three development parcels. He said the city just wanted to formalize and codify what had been going on out at the site and to make sure it was allowed with the appropriate conditions. Mr. Kiefer asked if there were any other utilities going in that area. Ms. Nieforth replied there are some utilities in there. She said they are working with all the different companies that do have utilities that will be writing language into the upcoming agreement and easement on the agenda. She said they are working together to accommodate everyone. Mr. Kiefer asked who was responsible for maintaining the basin. Mr. Lyons answered they would have to do an O&M(Operation and Maintenance) agreement with the city. He added some of the easement language will spell out who is maintaining what. Ms. Nieforth stated the developer will be maintaining the dry detention area that they need for their water quality. She said the reason the city is involved is because it is in the right-of-way and it takes a lot of the Stringham Creek watershed water through there. She said the city wants to ensure it is being properly maintained and that it is functioning. Mr. Fojtik asked if there were any public comments 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 public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Item-Privilege in Street—S.Side of South 1800 Block of W.20'Avenue i Motion by Palmeri to adopt the findings and recommendation as stated in the staff report. Conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s), but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street.Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten (10) days of notice. 8. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. Item-Privilege in Street—S.Side of South 1800 Block of W.20'Avenue ���|��| ���� |� THE �T���T ����|�|T � � PRIVILEGE n� / / /�_ ~� / /^�-�_ , �_^^/ ,��/ / �� � EXHIBIT ou LINE OF W. ZUIH AVENUE ry NW CORNER P.0.13 OF LOT 4 NE CORNER OF LOT 4 01 WEST RIGHT-OF-WAY LINE OF KOELLER STREET EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE "41" � LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT-OF-WAY, BEING A PART OF THE SOUTHWEST 1/4 � � OF THE SOUTHWEST1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTH OF SECTION 34, TOWNSHIP 18 N0RTH, RANGE 16 EAST CITY OF 0SHK0SH, YNNNEBAGO COUNTY, Y0SC0mSUN | BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: � � BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5984. RECORDED IN THE � V0NNEBAG0 COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PACE 5964 AS DOCUMENT NO. 1410410; THENCE NORTH 88'-30'-28^ WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE � SOUTH RIGHT-OF-WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.10 FEET TO THE NORTHWEST CORNER | OF SAID LOT /k THENCE NORTH 27'-30'-05^ EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27�71 FEET; THENCE NORTH 82*-56'-09^ EAST, A DISTANCE OF 97�48 FEET; THENCE NORTH 79'-29'-13^ EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 85'-04'-06^ EAST, A � DISTANCE OF 48.88 FEET; THENCE NORTH 87^-43'-19^ EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH ! 51'-10'-28^ EAST, A DISTANCE OF 22J3 FEET; THENCE SOUTH 20`-02'-07^ EAST, A DISTANCE OF 25.68 . FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00`-48'-01^ WEST ALONG SAID NORTHERLY EXTENS0N, A DISTANCE OF 44.68 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 35.452 SQUARE FEET DATE: AUGUST 28. 2019 � � Always a Better Plan ! � 100, 0 100' 200' EXCE POND DU LAr,VA 54935 1^= 100 � SCALE FEET SURVEYING GROUP PROJECT NO. 1863480 Paoe 3 PRIVILEGE IN THE STREET EXHIBIT A W__20TH_ AVENUE S51*10'28"E N79'29'13"E N86'04'06"E 22.73' 86.32' 48.86' N82'56'09"E N87'43'19"E 325.21' N27'3005"E 97.49' 27.71' PRIVILEGE IN THE STREET S20'02'07"E EXHIBIT 25.68' /• � NW CORNER N88'3628"W SOUTH RIGHT-OF-WAY SOQ'49'01"W Lu: OF LOT 4 594.16' LINE OF W. 20TH AVENUE 44.66' P.O.B. W; NE CORNER OF LOT 4 Liji EASTERLY RIGHT-OF-WAY CSM NO. 5964 WEST RIGHT-OF-WAY A LINE OF INTERSTATE "41" LINE OF KOELLER STREET J! Li l O' i LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5964, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO. 1410416; THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49 FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86-04'-06" EAST, A DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH 51'-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68 FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00-49'-01" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 35,452 SQUARE FEET. DATE: AUGUST 28, 2019 FO. Always a Better Plan ELFONDDELOT°�1DO' 0 100' 200' FOND DU UG WI 54935 ERINGIM FAX: (920))926.9801PHONE: (920) �1"= 100SCALE FEETING GROUP 1863480 Pane 4 3 z s \ c a w. y ry� o d ti ti .............................. .................... LU Qo �� .. _......... .................................... .................... } .t � F s ............... .-—_............. .................... _..... MINIM t � Zo b 1 in=0.06 mi t 1 n- i -300 ft ^A City of Oshkosh maps and data are intended to be used for general identification purposes only,and C:11 i the City of Oshkosh assumes no liability for the accuracy of the information. Those using the 0f information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9/11/2019 Oshkoshuwv.el.oshkosh.M.usrGiSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh J:;GIS`,PlanningTIan Commission Site Ran Map TemplatelPlan Commission Site Plan:Plop Template.mxd P a Off: k SR-5 SMU-PD % HI MR-12' - U, �[ I \ 3 -1 w �' J.::::.. �....._... v SMU Fti ` \ ............................. __ i W 20 H AV I I _._._ _._. SMU-PD ...... - _................._ _....... -- ......._...._... -- T ILWIND AV HI _ I BADGER AV 5MU W/TTMAN RD 44 � y' SR-3 N 1 in=0.1 mi 1 in=550 ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and Ci fy the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9/11(2019 �� w,vw.a.oshkosh.wi.uslGISdisclaimer Prepared by:City of Oshkosh,WI JAGISV'lanningTIan Commission Site Plan heap TempiateTlan Commission Site Flan Map Templa(e.mxd P aoer:m&k r 111 kk � n t u t� •F - � 1qi 15 t - a r i� i � A w wo r� Al yel, :. CC RU C 1 j 1 in=0.06mi 1in-300ft tCity he of Oshkosh hkOshmaps and data r intended teliability doto be usedfor general Identification purposes only,and ci r r y accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9/1112019 Oshkosh vww.d.oshkosh.wi.uslGlSdisclaimer Prepared by:City of Oshkosh,WI J AGISPIanning�Plan Commission Site P°:an.Map TemplatetPlan Commission Sate Plan Map Template.mxd P a0 m r ak OCTOBER 8, 2019 19-544 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT STORM WATER EASEMENT AT 2105 SOUTH KOELLER STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts a storm water easement at 2105 S. Koeller Street, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. 06, City f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Service Manager DATE: October 3, 2019 RE: Accept Storm Water Easement at 2105 South Koeller Street (Plan Commission Recommends Approval) BACKGROUND The subject 16.43 acre property which is part of Aviation Plaza and is located at the southwest corner of S. Koeller Street and W. 20th Avenue, east of Interstate 41. The property is currently being developed with the Mineshaft restaurant and entertainment complex on the northern portion of the subject site. ANALYSIS The proposed easement is a variable-width, "U" shaped area along the perimeter of the west, north and east lot lines. The purpose of the easement is to allow storm water runoff to flow onto the private property. Runoff originating from the Stringham Creek Drainage Basin flows from the west under Interstate 41 onto the subject site. The easement is required to allow this runoff to flow onto this property. The runoff exits the site and flows to the northeast, eventually discharging into the Fox River near Iowa Street. The part of the easement located along the east perimeter of the property is to allow storm water to enter the property from S. Koeller Street east of the subject site. The runoff flows to the north to W. 20th Avenue, which again flows to the northeast discharging into the Fox River. The Department of Public Works and City Attorney's Office will work with the property owner to have appropriate easement documents signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATION The Plan Commission recommended approval of the acceptance of the storm water easement at its September 17, 2019 meeting. Respectfully Submitted, Approved: V/ Z90 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 Water Drainage, Retention, and Natural Flow Easement Agreement Document Number Document Title THIS INDENTURE, made this day of , 2019, b MASTERS OSHKOSH, LLC and ROGAN STORES OSHKOSH LLC, collectively,Grantor,and CITY OF OSHKOSH,a municipal corporation,located in Winnebago County,Wisconsin,Grantee, WITNESSETH: Recording Area Name and Return Address IN CONSIDERATION of the sum of One Dollar($1.00)and other good City Attorney's Office and valuable consideration paid by the Grantee,the receipt of which is hereby PO Box 1130 acknowledged,the Grantor,its successors and assigns,does hereby give and grant Oshkosh,WI 54903-1130 unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, under,and through the land hereinafter described. 91334222034,91323100404 1. PURPOSE: The Grantor's Property is a large commercial site parcel Identification Number (PIN) previously containing both big box and smaller retail buildings. The larger site is currently being redeveloped. The City currently utilizes some of the Grantors'Property for storm water drainage and retention,as well as flow and drainage related to a natural creek along or near the west boundary of Grantors'Property. The City's use of the Grantor's Property for storm water drainage and natural flow and drainage will need to continue and be adjusted as part of the redevelopment of Grantor's Property. The City's use of Grantors'Property will also include receiving water runoff from private properties,including Grantors',as part of the City's storm water and natural flow management system. Currently the Grantee's use of Grantor's Property for drainage,retention,and natural flow is at the surface level. However,as noted herein,further use may include underground facilities at the Grantee's discretion. 2. GRANTOR'S PROPERTY:The Grantor's Property is situated in the City of Oshkosh,Winnebago County, Wisconsin,and is described as follows: Masters Oshkosh,LLC.Parcel Number 91334222034 Lot 3 and 4 of Certified Survey Map Number 5964,as recorded September 7,2006 in Volume 1,Page 5964, Document Number 1410416,Winnebago County Register of Deeds,excluding lands used for right-of-way purposes for DOT Project 1120-10-21 described in documents 1493434 and 1511246,Winnebago County Register of Deeds. Rogan Stores Oshkosh LLC.Parcel Number 91323100404 Lot 2 of Certified Survey Map No. 5964 recorded with the Winnebago County Register of Deeds on September 7, 2006 in Volume 1 of Certified Survey Maps on Page 5964 as Document No. 1410416. Said land being in the City o Oshkosh,County of Winnebago,State of Wisconsin. 3. EASEMENT PROPERTY: The Grantor's Property subject to the Easement granted herein shall be over, under,and through certain tracts of land situated in the City of Oshkosh,Winnebago County,Wisconsin, (`Easement Property"),described as follows: Easement Property Described in Exhibit A,Attached 4. EASEMENT LOCATION: The location of the Easement Property is identified on Exhibit B,attached. Improvements within the Easement Property along with future improvements to the adjoining private property are identified on Exhibit C,attached. 1 September 26, 2019 5. ACCESS RIGHTS: The City shall have the complete right to access and use the Easement Property for,and related to,the public storm water management system as described in this Agreement, 6. USE FOR WATER MANAGEMENT SYSTEM: The City will use the Easement Property for public storm water drainage and retention,as well as natural water flows of the Stringham Creek watershed. The City shall have the right to fully use the Easement Property for these drainage purposes as part of its public storm water management system. The City shall have the right,at its discretion,to access,survey,operate,maintain,repair,and use the drainage swale for these purposes. The City may,at its discretion,install underground storm sewer drainage structures and other related items to convey storm water runoff and/or to address flows of the Stringham Creek watershed. 7. MAINTENANCE: Grantor shall be responsible for cleaning,maintenance, and repair of the surface of the Easement Property to the same extent that it undertook those activities prior to this Agreement. The City shall be responsible for damage to the Easement Property caused by the City's use of its Easement rights described in this Agreement. The Grantor's responsibilities include mowing and ensuring that the drainage swale and/or channel retains its established grade,remains free of obstructions that would prevent it from draining in the manner it was designed to drain,and retains sufficient grass to minimize erosion. Grantor shall be responsible for maintaining any improvements allowed to in installed within the Easement Property. In the event that Grantor believes that certain erosion,debris,and/or damage to the Easement Property is the result of the City's use of the Easement Property,then both parties agree to meet and confer and attempt to reach a good faith resolution of the issue. Grantor's responsibilities do not include repairs of City structures and facilities,or repairs which are the result of the City's use of the Easement Property. 8. INTERFERENCE WITH EASEMENT: Except as otherwise allowed in this Agreement,Grantor,their heirs,agents, or assigns,shall not interfere in any way with the City's use of the Easement Property,or install or construct any structures or improvements,landscaping or similar impediments,within the Easement Property,The City acknowledges that the Grantor will be redeveloping the Grantors' Property and,therefore,is allowed to install improvements otherwise approved by the City. These improvements may include driveways,parking spaces,drive aisles,signage,and electrical poles.Grantor shall not place,pile,or move snow or ice onto the Easement Property. Prohibited new structures or improvements on the Easement Property include,but are not limited to,temporary or permanent building structures,driveways,parking areas,sheds,change in elevations,vegetation except grass, landscaping or fences. However,Grantee shall be allowed to install private utilities benefitting Grantors'property, including but not limited to electrical,storm water,water distribution,and sanitary sewer facilities,as long as plans for such installations are submitted to and approved by the City prior to their installation. The City retains the right to direct the type and location of private utilities which may be used based on the current or future use of the Easement Property by the Grantee. Grantor shall promptly remove any objects,materials,or structures which impede the Grantee's use of the Easement Property or limits the capacity of the Grantee's storm water drainage system. If Grantor fails to remove these materials or objects,Grantee shall remove them at Grantor's expense. The Grantor shall take reasonable steps to prevent third parties from interfering in any way with the City's use of the Easement Property. However,the City may immediately remove any object or material which it believes materially interferes with the design or function of any storm water drainage facility within the Easement Property. The City will,to the maximum extent allowed by the City's Storm water Management Ordinance,prevent the increase of volume and rate of storm water runoff into the drainage swale. 9. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access rights identified herein to any contractor,third party,or other assignee that will be performing work on the Easement Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall take reasonable steps to ensure that the other party has sufficient competence and gives adequate assurances that any work to be performed in or around the easement shall be conducted in a skillful manner,and that the Grantor's interest in the Easement Property shall be protected to the same extent as if the Grantee was itself performing the construction and maintenance. 10. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement Agreement have been breached,then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have thirty(30)days to cure any actual breach. However,Grantee may immediately remove any object or material which it believes materially interferes with the design of a storm water management facility within the Easement Property. 2 September 26, 2019 11. TERM: This easement is being granted in perpetuity for public purposes and uses,both current and future,without regard to the Grantee's use of the Easement Property at any particular time. All rights,title and privileges herein granted,including benefits and burdens,shall run with the land and shall be binding upon and inure to the benefit of the Grantor and Grantee,their respective heirs,executors,administrators,successors,assigns,and legal j representatives. I i 12. EXISTING EASEMENTS: The Grantor and Grantee are aware of other existing recorded easements and potential or future public utility easements which relate to or affect the Easement Property and are necessary for the redevelopment and use of the Grantors'Property. In all cases Grantors shall notify the Grantee when a public utility or another party requests an easement which affects the Easement Property. Uses of all easements within the Easement Property shall consider the codes and regulations affecting the installations of other entities. Uses, facilities,or structures installed within the Easement Property which violate codes and regulations affecting existing uses shall be responsible for moving the offending use or structure to remedy the violation at their expense. Other changes by municipal utilities and public utilities using the Easement Property will be the responsibility of the party making changes to ensure that those changes fit within configuration of uses within the Easement Property existing at that time. 13. WAIVER: No delay or omission by any party to this agreement in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed as a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 14. INVALIDITY: If any term or condition of this Agreement,or the application of this Agreement to any person or circumstance,shall be invalid or unenforceable,the remainder of this Agreement,or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby,and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 15. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified, and it is not the intention of either the Grantor or Grantee that other parties shall acquire any rights,to enforce or benefit from,through this Agreement. 16. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include,but are not limited to, Sections 345,05,893.80,and 893.83,Wisconsin Statutes. Such damage limits,caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes,contractual or otherwise,as they apply to the municipality and its agents,officers,and employees. 17. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County,Wisconsin,Circuit Court or,if a federal court action,then the appropriate district and/or branch within which Winnebago County is located. 18. NOTICES: Any notices required by this Easement shall be in writing and delivered via certified mail,return receipt requested,as follows. Changes to these addresses shall be in writing. In addition to formal notification,both parties agree to take reasonable measures to keep the other party informed of issues or questions regarding the Easement Property. FOR THE GRANTOR: Masters Oshkosh,LLC Rogan Stores Oshkosh LLC 22 N.Main Street 1750 Ohio Street Hartford,WI 54927-1532 Racine,WI 53405-3626 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 3 September 26, 2019 19. AUTHORITY: The City affirms that all necessary boards and elected officials have approved the acceptance of this Easement,and that the undersigned have the authority to sign this Agreement on behalf of the City. Grantor affirms that it has the authority to enter into this easement agreement,and that the undersigned has the authority to sign this Agreement on behalf of the Grantor. IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. MASTERS OSHKOSH,LLC By: Thomas J, Masters,Managing Member STATE OF WISCONSIN ) ) ss, WASHINGTON COUNTY ) Personally came before me this day of ,2019,the above-named Thomas J.Masters of Masters Oshkosh,LLC,to me known to be such person who executed the foregoing document and acknowledged that they executed the same as such officers by its authority,for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: ROGAN STORES OSHKOSH LLC by ROGAN SHOES,INCORPORATED,its sole member By: Patrick A. Rogan,President of Rogan Shoes, Incorporated, its sole member STATE OF WISCONSIN ) ) ss. RACINE COUNTY ) Personally came before me this day of ,2019,the above-named Patrick A.Rogan of Rogan Shoes, Incorporated, the sole member of Rogan Stores Oshkosh LLC, to me known to be such person who executed the foregoing document and acknowledged that they executed the same as such officers by its authority,for the purpose therein contained. Notary Public,Racine County,WI My Commission expires: 4 September 26, 2019 4 't C i CITY OF OSHKOSH By: Mark A.Rohloff,City Manager By: Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) I Personally came before me this day of ,2019,the above named Mark A.Rohloff and Pamela R. Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. Notary Public,State of Wisconsin My Commission expires: APPROVED AS TO FORM: Lynn A.Lorenson, City Attorney This instrument drafted by: Attorney David J.Praska Oshkosh,W1 54903-1130 5 September 26, 2019 CONSENT OF MORTGAGEE The undersigned,being the holder of a mortgage against part of the property identified and described as"Easement Property" in this Easement Agreement, and specifically the property owned by Masters Oshkosh, LLC, consents to the grant of the Easement set forth above but only to the extent necessary to subordinate its mortgage interest in the Easement Property to this Easement. (print name of mortgagee) By: (signature) (title) (print name) (print title) STATE OF ) )ss. COUNTY ) Personally came before me this day of ,2019,the above named (signator)of (mortgagee), to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. Notary Public,State of My Commission expires: 6 September 26, 2019 STORMWATER EASEMENT LEGAL DESCRIPTION An easement located within Lots 4, 3 & 2 of Certified Survey Map No. 5964, being a part of the Northwest 1/4 of the Northwest 1/4 of Section 34,Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin being more particularly described as follows; Beginning at the Northeast corner of Lot 4 of Certified Survey Map No. 5964, recorded in the Winnebago County Register of Deeds Office in Volume 1 on Page 5964 as Document No. 1410416;thence South 00°-49'-01" West along the Westerly right-of-way line of Koeller Street, a distance of 74.78 feet;thence South 04°-41'-12" East along said Westerly line, a distance of 120.84 feet;thence South 00'-48'-48" West along said Westerly line, a distance of 819.98 feet; thence Southeasterly 39.54 feet along said Westerly line on a curve to the left having a radius of 300.00 feet,the chord of said curve bears South 02°-57'-46" East, a chord distance of 39.51 feet; thence South 83°-15'-41'' West, a distance of 11.33 feet;thence North 04°-16'-15"West, a distance of 71.83 feet;thence North 00'-00'-58" West, a distance of 136.17 feet;thence North 00'-21'-25" West, a distance of 148.29 feet;thence North 00*-48'-48" East, a distance of 242.73 feet; thence North 65°-19'-59" West, a distance of 13.12 feet;thence North 00'-48'-48" East, a distance of 28.66 feet;thence North 230-51 -44 West, a distance of 131.74 feet;thence North 00°-48'-48" East, a distance of 269.52 feet;thence North 59'-05'-04" West, a distance of 40.36 feet;thence North 89'-11'-12" West, a distance of 332.95 feet;thence South 47'-10'-22" West, a distance of 71.92 feet; thence South 220-32'-08" West, a distance of 140.72 feet;thence South 37'-42 -41" West, a distance of 111.41 feet; thence South 21°-49'-14" West, a distance of 154.86 feet;thence South 00°-48'-48" West, a distance of 182.30 feet;thence South 070-59'- 57" West, a distance of 36.22 feet;thence South 170-59'-15" West, a distance of 78.64 feet; thence South 080-52'-58" West, a distance of 77.32 feet;thence South 01°-08'-41" East, a distance of 218.39 feet;thence South 80°-16'-42" West, a distance of 45.17 feet to the Easterly right-of-way line of Interstate 41;thence North 04'-11'-35" West along said Easterly line, a distance of 259.08 feet;thence North 000-50'-41" East along said Easterly line, a distance of 40.34 feet;thence North 11°-48-28" East along said Easterly line, a distance of 117.14 feet; thence North 10'-07'-06" West along said Easterly line, a distance of 117.14 feet;thence North 000-50'-41" East along said Easterly line, a distance of 156.47 feet;thence North 27'-30'-05" East along said Easterly line, a distance of 386.58 feet to the Southerly right-of-way line of W. 20th Avenue;thence South 88°-36'-28" East along said Southerly line, a distance of 594.16 feet to the point of beginning. Said easement contains 149,444 square feet. Exhibit W. 20TH AVENUE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE SB8'36'28"E 594.16' NW CORNER OF LOT 4 NB9'11'12'W 332.95' P.O.B. N59 05'04"W NE CORNER S47'10'22W 40.36, OF LOT 4 71.92' S00' '01'W 74.7 EASTERLY SO4'41'12"E RIGHT—OF—WAY LINE +tei S2232'OB"W (o 120.84' OF INTERSTATE"41"oh 140.72' LOT 4 CSM_N'0. 5964 W try 0 S37'42I"W Z 111.41' STORMWATER }; EASEMENT ' d ," N23'51'44'W Ld yQ' 131.74' < W N N00'48'48'E �-- 28.66' W1 G M � z STORMWATER ' EASEMENT Ld Z 3 N65191591W Ldi _. 13.12' C4 ?�i fn b C5MN�'$984 I WEST RIGHT—OF—WAY N10 OTOB"W LINE OF KOELLER STREET ro 117.14' S07'59'57"W LLJ Nt t'48'28"E 38.22' $ ._l i 117.14' I z —Jo, S17'59'15"W N 01 N00'50'41'E 78.64' ( j 40.34' S08'52'58"W NOO'21'25"W �? 77.32' ( 148.29' co N Of M "u.) N L.. . - . - . r W __ O d 8F N00'00'58'W 136.17' LOT_2 N04'16'15"W CSM_NO_5964 L 9,54' S80'16'42"W 7"' R=300.00' .45.17' CB S02'57'46"E I S83`15'4i"W �r CH=39.51' 11.33' DATE: SEPTEMBER 17, 2019 Q Always a Better Plan 150' 0 150' 300' FPROJECT EL FOND�I�+WI 493S PHONERINGIM 20 1"= 150' SCALE FEETSURVEYING GROUP O. 1863480 Exhibit ____ - o � s 15 �� � •..�.via' �1��-e�:'�t� • • i:ti•• OF Nb E. Ord, t�abr.b.p YiSae=CnC. i i1F•.\�3••tiy.i fpK�r••KFD:ii:6]�•-•{SIu1YMOb•�Tdy�ruurr„'xi 5���Qjl '�� 9 EASEMENT ""vm SA Al I � Y• i..• c\<1��'�I MAN jil� o . ■�•yRIGHT-OF-WAY- ILINE b OF • 4� p �.0 ._•/��, G' 7 �C�tom.r:i•��•�•G�:�,-- � I'' II,, Always a Better Plan EX; CE 100CAMEMDRM .� DU L44 � . „ GROUPSURVEYING PROJECT :. •:• ITEM: ACCEPT STORM WATER EASEMENT AT 2105 S. KOELLER STREET Plan Commission meeting of September 17,2019. GENERAL INFORMATION Applicant: City of Oshkosh Owner: Masters Oshkosh,LLC. Action Requested: The City of Oshkosh is requesting acceptance of a storm water drainage easement located at 2105 S. Koeller Street. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject 16.43 acre property which is part of Aviation Plaza and is located at the southwest corner of S.Koeller Street and W. 2011,Avenue, east of Interstate 41. The property is currently being developed with the Mineshaft restaurant and entertainment complex on the northern portion of the subject site. ANALYSIS The proposed easement is a variable-width, "U" shaped area along the perimeter of the west, north and east lot lines. The purpose of the easement is to allow storm water runoff to flow onto the private property. Runoff originating from the Stringham Creek Drainage Basin flows from the west under Interstate 41 onto the subject site. The easement is required to allow this runoff to flow onto this property. The runoff exits the site and flows to the northeast, eventually discharging into the Fox River near Iowa Street. The part of the easement located along the east perimeter of the property is to allow storm water to enter the property from S.Koeller Street east of the subject site. The runoff flows to the north to W. 20f Avenue,which again flows to the northeast discharging into the Fox River. The Department of Public Works and City Attorney's Office will work with the property owner to have appropriate easement documents signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATION/CONDITIONS Staff recommends approval of the acceptance of the storm water easement at 2105 S.Koeller Street as requested. The Plan Commission approved of the acceptance of the storm water easement as requested. The following is the Plan Commissions discussion on this item. Site Inspections: Report:Mr.Hinz reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting acceptance of a storm water drainage easement located at 2105 S. Koeller Street. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The proposed easement is a variable-width, "U" shaped area along the perimeter of the west,north and east lot lines. The purpose of the easement is to allow storm water runoff to flow onto the private property. Runoff originating from the Stringham Creek Drainage Basin flows from the west under Interstate 41 onto the subject site. The easement is required to allow this runoff to flow onto this property. The runoff exits the site and flows to the northeast, eventually discharging into the Fox River near Iowa Street. The part of the easement located along the east perimeter of the property is to allow storm water to enter the property from S. Koeller Street east of the subject site. The runoff flows to the north to W. 20th Avenue, which again flows to the northeast discharging into the Fox River. He said staff recommends approval of the acceptance of the storm water easement at 2105 S. Koeller Street as requested. Mr. Fojtik opened technical questions to staff. Mr. Kiefer asked if the drainage from the parking lot and buildings are flowing into the ponds or storm water sewers. Mr. Lyons said they are working with the city on their storm water management plans for the entire redevelopment area. He said all the water will be flowing into the storm water easement area/associated storm water plan. Mr. Fojtik asked if there were any public comments 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 public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Item-Accept Easement 2105 S.Koeller St. Motion by Perry to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. Item-Accept Easement 2105 S.Koeller St. I f STORMWATER & DRAINAGE EASEMENT EXHIBIT B W__20TN__AVENUE SOUTH RIGHT-OF-WAY LINE OF W. 20TH AVENUE NW CORNER E7 P.0 . OF LOT 4 .8 NE CORNER OF LOT 4 EASTERLY I RIGHT-OF-WAY LINE LOT 4 OF INTERSTATE "41" CSM NO_5964 I d' i i i i 1.1.1 i i Q� STORMWATER I STORMWATER H� & DRAINAGE & DRAINAGE Wl ! > �� EASEMENT EASEMENT W: F-1 i CSM_N0,_5964 I WEST RIGHT-OF-WAY (n� zi LINE OF KOELLER STREET i Ld, J Ji W: O� - - - - - - - - - - - - LOT_2 CSM_NO_ 5964 I DATE: AUGUST 28, 2019 010, FSURVEYING Always a Better PlanEL 100 POND D LA DRIVE150' 0 150' 300' FOND DU LAC,WI 54935I � 1�� ERING Im FAX: (920))92&9801 150' SCALE FEET GROUP O. 1863480 Page 2 Ili STORMWATER & DRAINAGE EASEMENT EXHIBIT B W ............. �._V. 20TH AVENUE W ----------- SOUTH RIGHT-OF-WAY LINE OF W. 20TH AVENUE F"O NW CORNER OF LOT 4 P.O.B. NE CORNER T 4 v EASTERLY RIGHT-OF-WAY LINE g� OF INTERSTATE "41"" CSM NO. 5964 ST S, W ------ ....... uj:: STORMWA VATER -_STOR A & DRAINAGE- � LLJ ' u : & DRAINAGE j yl -EASEMENT EASM i Ld: -CSM_1�6. -5964 :4N_ WEST RIGHT-OF-WAY &E LOT-3 z --LINE OF IF KOELLER STREET: ------ ry. Ld: ED 01 -.7t -H ji IV) Z7-7 7& 4/77, b -NO. 5964 -- ------- 9 DATE: AUGUST 28, 2019 Always a Better Plan 100CAMEL(YrDRNE 150' 0 150' 300' EXCEL POND DU LAC,M 54935 PHOE: (920)92r�98W 1"= 150' ENGINEERIN frw- FAX-N(920)92&9801 SCALE FEET SURVEYING GROUP PROJECT NO. 1863480 Paqe 3 6i IX ED-77= M -20T.H C9 5EM WIN: ...................... .............................................. 0 1 ................. ..... ............ ........................ .................... ...................................... ............... ......... N 1 in 0.06 mi I in=300 ft 'A fAI 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 informalion. Those using the Printing Date:9/11/2019 0 information are responsible for veff�ng accuracy. For full disclaimer please go to ,... 1""-%t-k vmw.d.oshkosh.wi,us/Glgdisclaimer Prepared by:City of Oshkosh,Wl 0smisi , V,GIS"PlanningiPlan Commiss. P,Site Plan Map Templatellplan Commission Site Plan Map Template.mA P a Oer n4ak io . : i SMU-PD SR--5 / HI � z � m n SMU ...... .... \ N \\ \\ h. W 20T AV SMU-PD I I SMU .......... l ( � .....1 a � i ............... Q i _...-- J AILWIND AV HI _.-............... SMUG WITTMAN RD AMMM 44 17 9 SR-3 I ' 1 in=0.1 mi . _ 1 In 550 ft 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 information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9l11/2019 � �1/?—Ns 1� vww.d.oshkosh.wi.usiGlSdisclaimer Prepared by:City of Oshkosh,WI J:IGISJ'IanningiPlan Commission Site Pia,Map Template'Ran Commission Site Plan Map?empla€e.mxd P a( Vie:rnRy k r ..�w,.... a.. i {ftP ' kir t x3 u � 4 t E a F J i d' ! nV — J s �, 1 t. 9 ! i # f # # # C # s P� i r t N 1 in=0.05 mi = 1 In 275 ft 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 ofi&r information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9i1112019 CS�1kC)Sh vi,my.d.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI J:tGIS PlanningiPlan Cemmiss n Sate Pint Map TemplaW,Plari Commission Site Plan.Map Tompiato-inA P a0Lw:rn k OCTOBER 8, 2019 19-545 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE APPOINTMENT TO THE PUBLIC ARTS & BEAUTIFICATION 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: October 3, 2019 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the October 8, 2019, Common Council Meeting, to the city's boards, commissions, committees, and authorities. The APPOINTMENT below will be effective October 8, 2019 with the term ending as noted below: PUBLIC ARTS AND BEAUTIFICATION COMMITTEE Andrea Toms New Appointment/fills Schley vacancy 05.31.20 Moran, Diane From: City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent: Saturday, September 28, 2019 6:54 AM To: Moran, Diane Subject: City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:9/28/2019 6:54:11 AM Board/Commission Arts and Beautification Committee Name(Last, First, Middle) Andrea Toms Address 1534 Grove St City State Zip Oshkosh Employer Oshkosh Herald Occupation: Account Executive 18 Years of Age or Older Yes Home Phone 920-376-6697 Business Phone 920-508-0030 Email Address iheartparadiselost@gmail.com Cell Phone Currently reside/live within the Oshkosh Yes City Limits? Number of Years: 7 Education: Bachelor of Arts in English from the University of Wisconsin-Oshkosh. In progress- Master degree in English Do you have any relatives in the service of any department of the City of Oshkosh? No (Yes/No): List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have served: Years: i Do you have any other previous experience, I currently have a fashion blog where all of my looks special qualifications or technical training, inspire my own fashion creativity, along with other women that would be relevant to the position that who want/need help with their fashion knowledge. My you are interested in? looks are purchased from shops and boutiques in downtown Main Street to encourage the citizens of Oshkosh to shop and support our local economy. Please write a concise statement which My creative intuition will aide in the committees goals of describes why you wish to serve on the helping Oshkosh attract current and new residents to our above Board/Commission. city,through its aesthetic rhetoric and presentation. 2 OCTOBER 8, 2019 19-546 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE COMBINATION "CLASS B" LICENSE, AGENT CHANGES FOR CLASS "B" FERMENTED AND COMBINATION "CLASS A" LICENSE, OPERATOR LICENSES AND SECONDHAND DEALER LICENSE 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: OCTOBER 8, 2019 19-546 RESOLUTION CONT'D COMBINATION "CLASS B" LICENSE (OCTOBER 8, 2019 thru JUNE 30, 2020) NAME AND ADDRESS: LOCATION OF PREMISES: MINESHAFT (Masters Oshkosh LLC)................................................2041 S Koeller Street Agent: Thomas Masters, 5488 Pleasant Hill Road, Hartford AGENT CHANGE CLASS "B" FERMENTED MALT LICENSE (OCTOBER 8, 2019 thru JUNE 30, 2020) NAME AND ADDRESS: LOCATION OF PREMISES: COMFORT SUITES (Oshkosh Lodging Inc)...........................................400 S Koeller Street Agent: Patrick Merklein, 222 North Bell Street, Fond du lac AGENT CHANGE COMBINATION "CLASS A" LICENSE (OCTOBER 8, 2019 thru JUNE 30, 2020) NAME AND ADDRESS: LOCATION OF PREMISES: CVS PHARMACY #4380 (Wisconsin CVS Pharmacy LLC)..........................1736 W 91h Street Agent: Joshua Free, 221 W Smith Avenue OCTOBER 8, 2019 19-546 RESOLUTION CONT'D OPERATOR (BARTENDER) LICENSES (EXPIRES: JUNE 30, 2021) Bob, Cynthia M., 418 Merritt Avenue Boiten, Daniel F, 820 Frederick Street, #A Davila, Alicia, 1108 Cherry Street Eisenhauer, Molly, 503 Amherst Avenue Hernandez, Sydney B., 1420 Willow Springs Road Locke, Thomas, 1120 E Parkway Avenue Lor, Mouamong Lucky, 165 S. Westhaven Drive, #P203 Lorbetske, Annalysee, 554 Algoma Boulevard, #3 Mason, Daniel S., 5747 Main Street, #2, Buttes Des Morts Oliva, Giselle, 1014 B Elmwood Avenue Parsons, Alexandra Lee, 725 Viola Avenue Patri, Shaun, 2222 N. Main Street Platten, Vincent W., 731 Jackson Street Pletzer, Elizabeth M., 1008 Elmwood Avenue, #A Schmidt, Honore, 320 D Rosalia Street Stearns, Olivia, 712 W. Lincoln Avenue Thrun,Jessica Jean, 1740 Lombard Avenue, #4 Weiss, Patricia Rae, 827 Mt Vernon Street Wheeler, Alaina, 482 Marion Road, #412 PAWNBROKER, SECONDHAND JEWELRY & SECONDHAND ARTICLE DEALER LICENSES (OCTOBER 8, 2019 thru DECEMBER 31, 2019) ECOATM 1900 JACKSON STREET OCTOBER 8, 2019 OCTOBER 22, 2019 19-534 19-547 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: DESIGNATE THE INTERSECTION OF WISCONSIN STREET AND LINWOOD AVENUE AS A FOUR WAY STOP AND THE INTERSECTION OF WISCONSIN STREET AND VIOLA AVENUE AS A TWO WAY STOP (VIOLA STOPS FOR WISCONSIN) INITIATED BY: TRAFFIC AND PARKING ADVISORY BOARD A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-6 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO FOUR WAY STOP INTERSECTIONS DESIGNATED AND SECTION 27A-8 THROUGH STREET DESIGNATED The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27A-6 of the Oshkosh Municipal Code pertaining to Four Way Stop Intersections Designated is hereby amended as follows: A-6 FOUR WAY STOP INTERSECTIONS DESIGNATED Remove Therefrom: Wisconsin Street and Viola Avenue Add Thereto: Wisconsin Street and Linwood Avenue SECTION 2. That Section 27A-8 of the Oshkosh Municipal Code pertaining to Through Street Designated is hereby amended as follows: A-8 THROUGH STREETS DESIGNATED Remove Therefrom: Wisconsin Street at its intersection with Linwood Avenue Add Thereto: Wisconsin Street at its intersection with Viola Avenue OCTOSER 8, 2019 OCTOSER 22, 2019 19-534 19-547 ORDINANCE FIRST READING SECOND READING CONT'D 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 the City of Oshkosh enacted ordinance #19-547 on October 8, 2019 DESIGNATE THE INTERSECTION OF WISCONSIN STREET AND LINWOOD AVENUE AS A FOUR WAY STOP AND THE INTERSECTION OF WISCONSIN STREET AND VIOLA AVENUE AS A TWO WAY STOP (VIOLA STOPS FOR WISCONSIN) A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-6 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO FOUR WAY STOP INTERSECTIONS DESIGNATED AND SECTION 27A-8 THROUGH STREET DESIGNATED. The ordinance will make the intersection of Wisconsin Street and Linwood Avenue a four way stop intersection and will remove the stop sign for Wisconsin street at its intersection with Viola Avenue, making Wisconsin a through street at the intersection with Viola. 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. ar City cl Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins,Transportation Director DATE: September 20, 2019 RE: Designate the intersection of Wisconsin Street and Linwood Avenue as a four way stop intersection and the intersection of Wisconsin Street and Viola Avenue as a two way stop intersection (Viola stops for Wisconsin). BACKGROUND The intersection of Wisconsin Street and Linwood Avenue has become increasingly busy since Kwik Trip and other businesses located near here. Linwood Avenue is also the school crossing for Jackson Street. A resident that lives near this corner stated he has witnessed a handful of major car crashes at the intersection. The Traffic and Parking Advisory Board has previously discussed the need for a four way stop at this intersection and not at Viola Ave. The Traffic and Parking Advisory Board recommends approval. (6-0) ANALYSIS Traffic counts were performed and the counts on Viola Avenue are minimal compared to Linwood Avenue at the intersections of Wisconsin Street. Citizen feedback has also been heavily supportive of this change. We have not received any feedback opposed to the change. The change will help better manage traffic in the area and potentially minimize conflicts thereby increasing safety. FISCAL IMPACT The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget. RECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-6 and 27A-8 of the Municipal Code pertaining to Four Way Stop Intersections and Through Street Designated. Respectfully Submitted, Approved: Jim Collins,Transportation Director Mark A. Rohloff, City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 http://www.ci.oshkosh.wi.us OCTOBER 8, 2019 OCTOBER 22, 2019 19-535 19-548 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE TEMPORARY CLOSURE OF WAUGOO AVENUE AND OTTER AVENUE AT THE CANADIAN NATIONAL RAILROAD CROSSINGS 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 one way streets; and WHEREAS, Canadian National Railroad (CN)has requested full closure of Waugoo Avenue and Otter Avenue, both one way streets, at the intersections with their tracks for replacement of tracks, bedding, timbers and adjacent roadway pavement; 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 five(5)days per intersection to be completed during the period from October 14 to November 1, 2019. NOW, THEREFORE the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. Canadian National Railroad (CN) is hereby granted a variance from the provisions of Section 25-23 of the City of Oshkosh Municipal Code to close Waugoo Avenue and Otter Avenue at the intersections with the CN tracks for replacement of tracks, bedding, timbers and adjacent roadway pavement subject to the following conditions: OCTOSER 8, 2019 OCTOSER 22, 2019 19-535 19-548 ORDINANCE FIRST READING SECOND READING CONT'D A. CN shall provide all necessary and required signage for the closure of the street and detour of traffic. B. CN 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. CN 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 #19-548 APPROVE TEMPORARY CLOSURE OF WAUGOO AVENUE AND OTTER AVENUE AT THE CANADIAN NATIONAL RAILROAD CROSSINGS (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 October 8,2019. The ordinance allows the temporary closure of Waugoo Avenue and Otter Avenue, both one way streets, at the intersections with the Canadian National tracks for replacement of tracks,bedding, timbers and adjacent roadway pavement. 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 f W Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager/City Engineer DATE: September 19, 2019 RE: Approve Closure of Waugoo Avenue and Otter Avenue at the Railroad Crossings on Broad Street BACKGROUND Canadian National Railroad (CN)is planning to repair the existing railroad tracks which intersect the right-of-ways of Waugoo Avenue and Otter Avenue. The work to be performed by CN's railroad crews will require the full replacement of the tracks, bedding, timbers, and the adjacent roadway pavement that the tracks are encased in. Section 25-23 of the Municipal Code of the City of Oshkosh requires all one-way streets (including Waugoo Avenue and Otter Avenue) to remain open during excavation. It is anticipated that each crossing will take five(5)days to be completed. CN requests the closure of Waugoo Avenue and Otter Avenue to allow full access to the section of rail that requires replacement, while maintaining a safe and secure working environment for the construction crew, operators, and the general public. This is not uncommon, given the equipment and work zone required for completion of this work. A detour route will be posted for the duration of the work on Waugoo Avenue using Broad Street, Washington Avenue, and Bay Street. A detour route will be posted for the duration of the work on Otter Avenue using North Main Street, East Irving Avenue, and Bowen Street. Access to businesses will be maintained for the duration of the work. The closures are anticipated to be continuous over five(5)days,weather permitting. Advanced warning signs will be placed seven (7) days prior to the closures to warn drivers. ANALYSIS Based on the excavation limits needed for the repair,staff determined Waugoo Avenue and Otter Avenue at the railroad crossings on Broad Street need to be closed to traffic. The time frame will be limited as much as possible to minimize the impact to the traveling public. Additionally, worker safety and driver safety will be compromised during this work, if done under traffic. 1:\Engineering\Tracy Taylor\Memos to Mayor&Common Council\2019\CN-Waugoo Ave&Otter Page 1 of 2 Ave Closure Memo_9-19-19.docx FISCAL IMPACT There are no fiscal impacts to this ordinance. RECOMMENDATIONS I recommend approval of the request to close Waugoo Avenue and Otter Avenue at the railroad crossings on Broad Street with the following conditions: • The closure of Waugoo Avenue shall be limited to five (5) consecutive days, weather permitting, to allow CN to complete the necessary railroad track repairs within a designated two (2) week period starting October 14, 2019 and ending on October 25,2019. • The closure of Otter Avenue shall be limited to five (5) consecutive days,weather permitting, to allow CN to complete the necessary railroad track repairs within a designated two(2)week period starting October 21, 2019 and ending on November 1,2019. • CN shall be responsible for posting detour routes, approved by the Department of Public Works, and posting warning signs at least seven(7) days prior to the closures. Approved: Mark A. Rohloff City Manager JG/t1t 1:\Engineering\Tracy Taylor\Memos to Mayor&Common Council\2019\CN-Waugoo Ave&Otter Page 2 of 2 Ave Closure Memo 9-19-19.docx OCTOBER 8, 2019 19-549 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY ADJACENT TO 1033 N. WASHBURN STREET INITIATED BY: OC DEVELOPMENT 2, LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Council previously approved a General Development Plan for a multi-tenant retail/office at the 1000 block of N. Washburn Street; and WHEREAS, the applicant would like to amend the previously approved General Development Plan to include a restaurant with drive thru and request a Specific Implementation Plan approval for the final phase of development for a restaurant and drive thru; and WHEREAS, the Plan Commission finds that this amendment for a restaurant with drive thru to the previously approved General Development Plan and Specific Implementation Plan request for a restaurant with drive thru at 1033 N. Washburn Street, 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 the amendment request for a restaurant with drive thru to the previously approved general development plan at 1033 N. Washburn Street and the Specific Implementation Plan for said development, per the attached, is hereby approved with the following conditions: 1) Base Standard Modification to allow a drive-thru in the front yard. 2) Base Standard Modification to allow a dumpster enclosure between the building and public street. 3) Minimum 320 street frontage landscaping points be provided along the N. Washburn St. frontage. of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: October 3, 2019 RE: Approve General Development Plan Amendment and Specific Implementation Plan for Property adjacent to 1033 N. Washburn Street (Plan Commission Recommends Approval) BACKGROUND The subject property is a commercial parcel located at 1000 block of N. Washburn Street and is approximately 3.17 acres in area. A General Development Plan (GDP) was approved in June 2017 for a multi-tenant retail/office use with a Specific Implementation Plan (SIP) subsequently approved in August 2017. The surrounding area consists predominately of commercial uses. The subject property as well as the surrounding area are zoned Suburban Mixed Use with a Planned Development Overlay (SMU-PD). ANALYSIS The applicant is proposing to amend the existing GDP for the site to include a restaurant with drive-thru. They are also requesting SIP approval for the third and final phase of the development which will be a single tenant building occupied by Chick-fil-A. The proposed building will be 5,019 sq. ft. in area, slightly smaller than the building shown on the existing GDP for the site and oriented toward the existing shared parking lot on the site. The proposed plans include a double-lane drive-thru wrapping around the north side of the building into the front yard area (along N.Washburn St.). In order to be approved for a double- lane drive-thru the applicant is requesting a Base Standard Modification. The unique configuration of the pie shaped lot makes development of the parcel difficult without the requested Base Standard Modification. Granting of a Base Standard Modification for unique parcel configuration is consistent with similar previous requests and is consistent with the prevailing development pattern of the surrounding area. The applicant will need to provide 320 street frontage landscaping points along N. Washburn Street. The landscaping, in conjunction with the grade change between the N. Washburn Street and the subject site, will minimize potential impact of the requested Base Standard Modification and is appropriate in these City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us circumstances. The applicant is also requesting a Base Standard Modification for placement of the dumpster enclosure within the front yard. The location as proposed is consistent with the location previously approved during the GDP for this site and is in line with the dumpster enclosure for the adjacent multi-tenant building, which was also granted a Base Standard Modification. Like the drive-thru request, the street frontage landscaping and grade change will further minimize the potential impact of the granting of a Base Standard Modification. The new restaurant will utilize existing shared parking and drive aisles on the site as well as ten new stalls in front of the building. Orientating the additional parking and building to utilize the existing shared parking has also necessitated the need for the double-lane drive-thru along N. Washburn Street. By using the existing shared parking lot and established traffic pattern for the site, it should minimize the potential for pedestrian and traffic conflicts. If the site were to be flipped and the drive-thru lanes located along south side of the building, it would create a disjointed parking area, further increasing the potential for traffic conflicts. The site exceeds maximum parking allowances, which was approved per the existing GDP for the site. All proposed signage meets City of Oshkosh sign ordinance requirements with the exception of the "Stop" and "Do not enter" signs that will need to be reduced from 8' to 6' overall height. A landscaping plan has been submitted with the application and includes a variety of proposed shrubs and trees for building foundation, paved area and yard landscaping. The applicant meets the foundation landscaping points. However, none of the points are on the side of the main entrance, where code requires a minimum of 50% of the required building foundation landscaping points. The plan also meets point requirements for paved areas,while also meeting the minimum percentages for tall trees and shrubs. However, two of the tall/deciduous trees will need to be moved to the parking row ends for the new stalls in front of the building. The applicant will need to provide 320 street frontage landscaping points (minimum 50% devoted to medium trees) along the N. Washburn Street frontage to meet street frontage landscaping point requirements. The applicant submitted a photometric plan that appears to meet lighting standards. The proposed 20 ft. height of the light poles/fixtures complies with the 20 foot maximum height for the Suburban Mixed Use (SMU) zoning district. Drainage plans have been submitted and are being reviewed by the Department of Public Works. Finalized storm water management plans will need to be submitted and approved as part of the Site Plan Review process. The proposed building will be constructed of a combination of multiple types of brick veneer and storefront glass. There are no concerns with the proposed building elevations as they are constructed almost entirely of Class I material and meet facade articulation requirements. FISCAL IMPACT Approval of the SIP should not require expansion of any city services as they are already provided to the area and will result in additional assessed improvement value from the new development. The applicant has estimated an approximate $2 million dollar total investment. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the General Development Plan amendment and Specific Implementation Plan with findings and conditions at its October 1, 2019 meeting. Respectfully Submitted, Approved: it<iS 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 I f ITEM: GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC j IMPLEMENTATION PLAN APPROVAL FOR PROPERTY LOCATED ADJACENT TO 1033 N. WASHBURN STREET Plan Commission meeting of October 1, 2019. i I GENERAL INFORMATION Applicant/Owner: OC Development 2,LLC Actions Requested: The applicant requests approval of a General Development Plan amendment and Specific pp q PP p P Implementation Plan for a restaurant at the property located adjacent to 1033 N. Washburn Street. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject property is a commercial parcel located at 1000 block of N. Washburn Street and is approximately 3.17 acres in area. A General Development Plan(GDP) was approved in June 2017 for a multi-tenant retail/office use with a Specific Implementation Plan(SIP) subsequently approved in August 2017. The surrounding area consists predominately of commercial uses. The subject property as well as the surrounding area are zoned Suburban Mixed Use with a Planned Development Overlay(SMU-PD). Subject Site Existing Land Use Zonin Currently under development as Commercial SMU-PD Adjacent Land Use and Zoning Existing Uses Zoning North Public Right-of-Way (N.Washburn St.) SMU-PD West Retail(Lowe's) SMU-PD South Retail(Dick's Sporting Goods/Pet Smart) SMU-PD East Public Right-of-Way(N.Washburn St.) SMU-PD Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Interstate Commercial i i ANALYSIS i Use/Site Design The applicant is proposing to amend the existing General Development Plan(GDP) for the site to include a restaurant with drive-thru. They are also requesting Specific Implementation Plan(SIP) approval for the third and final phase of the development which will be a single tenant building occupied by Chick-Fil-A. The proposed building will be 5,019 sq. ft. in area, slightly smaller than the building shown on the existing GDP for the site and oriented toward the existing shared parking lot on the site. The proposed plans include a double-lane drive-thru wrapping around the north side of the building into the front yard area(along N.Washburn St.). A Base Standard Modification(BSM) is required for location of the drive-thru within the front yard. Staff is supportive of the BSM as the site is designed to have the shared parking area on the interior portion of the site,leaving the N. Washburn Street(front yard) side of the building as the only feasible location for the drive-thru. Along with this,the subject site has a unique lot configuration resulting in limited available areas outside of the front yard. Also,the drive-thru will meet the 25' front yard setback requirement for the Suburban Mixed Use (SMU) district and required street frontage landscaping will "break up" the view of the drive-thru from N.Washburn Street. A Base Standard Modification will also be required for the dumpster enclosure as it will be located closer to the street(N.Washburn St.) than the principal building. Staff is supportive of the BSM as the new refuse enclosure will be situated next to the existing dumpster enclosure, for the retail building to the south, and utilize the same access. Landscaping is also being proposed on the street side of the enclosure to screen it. The plan set did not include elevations for the dumpster enclosure,which must be 6' tall and constructed of wood or one or more materials used on the exterior of the main building. This can be addressed during the Site Plan Review process. Access/Parking The new restaurant will utilize existing shared parking and drive aisles on the site as well as 10 new stalls in front of the building. The site exceeds maximum parking allowances,which was approved per the existing GDP for the site. Si--gnage Proposed signage for the restaurant includes a tenant panel on a multi-tenant monument sign to the east of the building, fronting N. Washburn Street as well as a wall sign on each fagade of the building. The sign plans also include a drive-thru sign for both of the drive-thru lanes as well as on-site warning signs ("Stop", "Do not enter") for the parking/drive area. All proposed signage appears to meet sign ordinance requirements with the exception of the "Stop" and "Do not enter" signs that will need to be reduced from 8' to 6' overall height. Landscaping A landscaping plan has been submitted with the application and includes a variety of proposed shrubs and trees for building foundation, paved area and yard landscaping. The landscaping plan shows a total of 140 building foundation landscaping points,meeting the minimum Item—GDP AMD/SIP Adj 1033 N. Washburn St 2 f r F requirement of 121 points. However,none of the points are on the side of the main entrance, where code requires a minimum of 50%of the required building foundation landscaping points. A minimum of 60.5 landscaping points will need to be moved to the main entrance side of the building to meet this requirement. i i The plan also meets point requirements for paved areas with 291.5 points where 68 points are required,while also meeting the minimum percentages for tall trees and shrubs. However, two of the tall/deciduous trees will need to be moved to the parking row ends for the new stalls in front of the building. The landscape plan shows 6 existing trees along the N.Washburn St. frontage. Staff is recommending a condition that 320 street frontage landscaping points (minimum 50% devoted to medium trees)be provided along the N.Washburn St. frontage to meet street frontage landscaping point requirements. This will also serve to "break up" the front yard drive-thru. Site Lighting The applicant submitted a photometric plan that appears to meet lighting standards. The proposed lighting meets the .4 foot-candle minimum requirement for parking areas and has no more than .5 foot-candles of light trespass at the property line. The proposed 20 ft.height of the light poles/fixtures complies with the 20 foot maximum height for the SMU zoning district. Storm Water Management Drainage plans have been submitted and are being reviewed by the Department of Public Works. Finalized storm water management plans will need to be submitted and approved as part of the Site Plan Review process. Building Elevations The proposed building will be constructed of a combination of multiple types of brick veneer and storefront glass. Staff does not have concerns with the proposed building elevations as they are constructed almost entirely of Class I material and meet facade articulation requirements. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends that 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.) (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. Item—GDP AMDISIP Adj 1033 N. Washburn St. 3 (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 General Development Plan amendment and Specific Implementation Plan with the findings listed above and the proposed following conditions: 1) Base Standard Modification to allow a drive-thru in the front yard. 2) Base Standard Modification to allow a dumpster enclosure between the building and public street. 3) Minimum 320 street frontage landscaping points be provided along the N.Washburn St. frontage. The Plan Commission approved of the General Development Plan amendment and Specific Implementation Plan as requested with findings and conditions noted. The following is the Plan Commissions discussion on this item. Site Inspections: Report:Mr.Hinz,Mr.Kiefer and Ms. Palmeri reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a General Development Plan amendment and Specific Implementation Plan for a restaurant at the property located adjacent to 1033 N. Washburn Street. 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 applicant is proposing to amend the existing General Development Plan (GDP) for the site to include a restaurant with drive-thru. They are also requesting Specific Implementation Plan approval for the third and final phase of the development which will be a single tenant building occupied by Chick-Fil-A. The proposed building will be 5,019 sq.ft. in area. The proposed plans include a double-lane drive-thru Item—GDPAMD/SIPAdj 1033 N. Washburn St. 4 wrapping around the north side of the building into the front yard area. The new restaurant will utilize existing shared parking and drive aisles on the site as well as ten new stalls in front of the building. The proposed building will be constructed of a combination of multiple types of brick veneer and storefront glass. Staff does not have concerns with the proposed building elevations as they are constructed almost entirely of Class I material and meet fagade articulation requirements. He said staff received a couple e-mails about the request but they were not related to land use. He said staff recommends approval of the General Development Plan amendment and Specific Implementation Plan with conditions and findings as stated in the staff report. Mr. Fojtik opened technical questions to staff. Mr.Perry asked if Verve, the bank next door,had a street facing drive-thru as well. Mr. Lyons replied correct, it wraps around the north side of the building. Mr.Perry asked if there would then be two buildings in a row with drive-thrus facing the street. Mr.Lyons replied correct. Mr. Perry said it was discussed in a workshop a couple weeks ago that it was not preferred to have drive-flu-us fronting the street. He stated this is a huge sticking point for him. Ms. Palmeri said she would echo what Mr.Perry said to a certain extent. She said she does not think there is a lot of interest in seeing a whole line of dumpsters and drive-thrus,whether or not there is landscaping. She reiterated what Mr.Perry said. She mentioned it was declined for Oshkosh Avenue and thinks the area in question is equally as critical as a gateway area. She said she does not believe F, H and I,under the findings and recommendation in the staff report, should be in the Plan Commission's purview. She said she appreciates all the work that was put into the staff report. She stated she will not be supporting the request. Mr. Hinz asked if the area in question is the same zoning as the Oshkosh Avenue area. Mr. Lyons replied the area in question is not zoned the same as the Oshkosh Avenue area which is zoned with a Corporate Business Park zoning. Mr.Hinz asked for confirmation that the higher zoning does not exist in the area in question. Mr.Lyons replied correct. Mr. Hinz said he wanted to make sure Plan Commission was not comparing apples to oranges. He said the two areas are in different zoning districts and have different standards. Mr. Lyons explained an access drive like what Verve has is permitted in the front yard. He said it is the order/pick-up point that is not permitted in the front yard. He said Verve is code compliant Item—GDP AMD/SIP Adj 1033 N. Washburn St. 5 because the order/pick-up point is located on the side. He said Chick-fil-A's order/pick-up point is located in the front yard and that is why they need the Base Standard Modification. Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any statements. j Ed Bowen(applicant), 601 Oregon Street, stated he is happy to address some of the concerns. He said they have been working on this site for roughly five years in terms of the Dick's Sporting Goods, PetSmart,ATI, Steinhafels and Verve. He said the request is the final piece to that area. He said the overall area probably goes back to 2003-2004. He explained it goes back to Lowes, DOT widening of Highway 41,realignment of Washburn Street and the widening of Highway 21. He said they have been involved with almost every step such as the Panera and the Kwik Trip. He explained the original Planned Development from 2004-2005 dictates the development plan. He said that is why everything is clustered around Washburn Street the way it is. He said that is also why the buildings are placed adjacent to the road as opposed to the interior of the site. He said there are deed restrictions that limit them from placing anything differently than it is shown. He said the Planned Development that exists requires this type of development pattern which does not give them a lot of options in terms of site or circulation. He commented what they are trying to accomplish is compatible with the area as well as the use of nearby developments. He said there are some Base Standard Modifications that are necessary due to the odd characteristics of the site including 180'of front yard. He said Chick-fil-A's engineer,Joe Vavrina, from HR Green is also present to answer any engineering related questions. There were no other public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Conditions: 1. Base Standard Modification to allow a drive-thru in the front yard. 2. Base Standard Modification to allow a dumpster enclosure between the building and public street. 3. Minimum 320 street frontage landscaping points be provided along the N. Washburn St.frontage. Seconded by Kiefer. Mr. Fojtik asked if there was any discussion on the motion. Item—GDP AMDISIP Adj 1033 N. Washburn 6 Mr.Perry said from his understanding,the Verve had to drastically modify its' plan due to a utility easement. Mr. Lyons explained there is a utility easement on the west side which narrowed the building. Mr. Perry said Verve had to modify their plans to be able to fit on the lot due to the easement. He said this once again is taking full advantage of the entire lot and creating a situation where Plan Commission has to set precedence in order to get it done. He said he is concerned about that. He said if the business fails,they would be left with an eyesore. He commented it would take a lot to redevelop on a very important corridor into the city. He stated he is not sure this particular plan is useful in this area knowing that a building next door had to severely adapt in order to make it work. He said he really does believe more work could be done to the site. He stated he is opposed to the multiple drive-thrus facing a major street. Mr. Lyons commented this is consistent with these curved streets to what they have done for a number of other developments in the city for both restaurants and banks. He said they have issued Base Standard Modifications to allow driveways in the front when developments have had the curvature type roads or multiple frontage roads. He said this is how staff came up with their recommendation. He said the request is not substantially different from previous developments that have come through Plan Commission. Mr.Fojtik commented this is perfectly fine for the site. He said it is a site that is unusual. He said Chick-fil-A does a very good job in terms of aesthetics and landscaping. He said he is fine with the request. Mr. Hinz stated he agrees with Mr.Fojtik. He said the request is consistent with other developments in the area in terms of having some portion of their drive-duu in the front yard. He said in particular the developments along Highway 21. He said it is not like we are doing this in downtown Oshkosh. He said it is in the same area as other fast food places. He commented Chick-fil-A runs top notch. Mr.Perry said we once again are seeing a building design which we have no indication of whether or not it can be altered. He said the building is probably designed based off what corporate preference is similar to what they saw with the Casey's store. He said they have no reason to believe that a building,which is quiet large for another fast food restaurant, cant be altered. He said there may be possibilities to change the location of the drive-thru so it is not so much of an eyesore. Ms. Palmeri stated she had additional concerns related to signage. She said there are three sides of signage, a multi-tenant monument sign, a wall sign on each facade of the building and the additional drive-thru signs. She mentioned there have been previous discussions about over signage. She said this is an extremely visible corner. She said though this area does not have the higher design standards,just because they always have done it this way does not mean they should keep doing it this way. Item—GDP AMD/SIP Adj 1033 N. Washburn St. 7 Mr. Lyons explained the signage does meet SMU zoning in terms of wall signage. He said the Plan Commission could limit signage on the other facades if they felt it was necessary. He said it has not been something they have done in the past. He explained the 1:1 ratio has been something the board has been comfortable with in the past but limiting signage is an option. He explained the original goal of the multi-tenant sign was to have the single point sign. He reiterated the signage does meet base code but Plan Commission could consider limiting signage if they felt it was necessary. Mr. Kiefer said due to the unique placement of the building,the curvature of the road,the parking lot and the surrounding developments nearby,he does not see another way of redesigning the drive-thru. He said a place like this needs a drive-thru and he cannot see another design that would be more appeasing to the Plan Commission. Motion carried 3-2-1 (Ayes:Fojtik,Hinz,Kiefer. Nays:Palmeri, Perry. Abstain: Coulibaly). Item—GDP AMD/SIP Adj 1033 N. Washburn St. 8 i i SUBMIT TO: City of Oshkosh Dept.of Community Development 215 Church Ave.,P.O.Box 1130 C`°I Planned Development Application Ost,kosh,wi sa9o1 Oshkosh PHONE:(920)236-5059 For General Development Plan or Specific Implementation Plan i **PLEASE TYPE OR PRINT USING BLACK INK** i APPLICANT INFORMATION Petitioner: 10C -V CV I✓LO t�''wt kA-L Date: r Z$ Petitioner's Address: 101 Oq 60d (r SST6 3City: Q State: `^)l Zip: S V I Telephone #: (170) 2-(97 `Z S Sf Email el ``A0(1[!+-���<-Contact preference: iK Phone ❑ Email JC O kA Status of Petitioner(Please Check): �XOw r :�' p sen ative ('Tena t 3'0 Prospective BuyerPetitioner's Signature (required):. Date: '� I OWNER INFORMATION Owner(s): , '3 A VA b Date: Owner(s) Address: City: State: Zip: Telephone #: ( ) Email: Contact preference: ❑ Phone ❑ Email Ownership Status (Please Check): Ca Individual 3.1 Trust 0 Partnership i<;Corporation Property Owner Consent:(required) By signature hereon, I/We acknowledge that City officials and/or employees may,in the performance of their functions, enter upon the property to inspect or gather other infarmati necessary top cess this application. I also understand that all meeting dates are tentative and may be pos by he Planning rvices Division for incomplete submissions or other adrninistrahve'reasons; I q Property Owner's Signature: Date: TYPE OF REQUEST: ❑ General Development Plan (GDP) L?General Development Plan (GDP) Amendment XSpecific Implementation Plan(SIP) ❑Specific Implementation Plan (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: A"O5. D I D V3 IA S4 a Proposed Project Type: 'R E51 O P-4+0 T &Jtew< 5 E 9--1)�c� Current Use of Property: VA(At,)l #-A tJ-D Vt�T-41 L a %V-AGE `-tom Zoning: S�`� rT — Land Uses Surrounding Your Site: North: �►`k'�EQ"� -��E+�b 'A oT —'1 p� South: 7 C rC S S p0�-� I b o a bs SETS w,4!Lt' East: ST�t�1 , �EI--S +DTI I `{ West yc- LD V`rz Y It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. v Application fees are due at time of submittal.Make check payable to City of Oshkosh. v Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City's website at www,ci.oshkosh.wl,us/Community_Develapment/Pianning,hIrm Sign Staff Date Rec'd i THE MORGAN PARTNERS ProFe:z,3ional 'R�wtil Ei;t<ralGYa'er,ti-ires i i Mr. Mark Lyons Planning Director City of Oshkosh 215 Church Avenue Oshkosh, WI 54901 RE: Restaurant Development—Oshkosh,WI Mr. Lyons: Please allow this letter to serve as our narrative relating to a Planned Development located in front of Dick's Sporting Goods and Petsmart on Washburn Avenue, Parcel ID #1621750000. Per our previously approved General Development Plan, we would like to amend the Planned Development GDP and submit for review of our SIP concurrently. The existing use of this portion of the property is undeveloped vacant land,which has been subject to a PD since this area was originally planned in 2005.We acquired this property in 2015 as part of the development of Dick's Sporting Goods and Petsmart,which was completed in 2016 on the adjacent parcel. We have completed 2 of 3 phases of our outlot development, including the multitenant building currently leased to Steinhafel's Mattresses and ATb Physical Therapy,as well as a free-standing building occupied by Verve, a credit union. We are limited by the reciprocal easements placed on this property by Lowe's during the initial development,with the placement of these three buildings dictated by that document as well as our previously approved GDP.The third phase of this development will be a single tenant building occupied by Chick-Fil-A, served by the existing shared parking and drive aisles, as well as a small number of new stalls, a double drive-thru lane and a second dumpster enclosure.The proposed building is smaller than both the building permitted by our easement agreements and the building shown on our previously approved GDP. Necessary base standard modifications required for this plan are, in our review, limited to the construction of certain improvements(existing dumpster enclosure expansion, drive-through) in the front yard adjacent to the Washburn Avenue right-of way. Because of the configuration of our site (almost 700 feet of frontage curving along Washburn St from the south to the northwest),we have a significant amount of front yard area not found in most other parcels in the City of Oshkosh. Per our easement agreement with Lowe's as well as the previously approved GDP, we have pushed all buildings to the street frontage side of the parcel to keep the parking field from becoming the focal point of our development.As a result, certain facilities that might otherwise be in a rear yard area are forced into the front yard. We are proposing the construction of a double drive through, as well as an expansion of the previously approved dumpster enclosure area located to the north of Steinhafel's Mattresses.These items will be compliant with setbacks and will be screened adequately to ensure their presence does not distract from the overall aesthetic quality of the site. To that end, please note that the proposed Chick Fil-A building will be constructed from a combination of multiple types of brick veneer and storefront glass.These materials,which constitute almost 100%of each fagade of the building(excepting small area of metal flashings along rooflines), are all Class 1 materials per the City of Oshkosh's design standards,well in excess of what is required. We believe this building will be a higher quality of construction than many buildings currently found along Washburn St as a result. In addition, building signage currently bring proposed by Chick-Fil-A is well below what is currently permitted in this district,with no additional monument or pylon signage being requested outside of the existing signs. As a quick service restaurant, there will be no residents on this site, and anywhere from 15-25 daily employees on an approximate basis.The existing parking field will be expanded by an additional 10 stalls, which is in keeping with our anticipated need for shared parking to serve all occupants of all buildings without drastically exceeding the previously approved GDP.All stormwater is managed in an offsite retention pond north of Lowe's, which has capacity to accept all runoff from this site. Any onsite treatment of stormwater that may be required prior to draining into this pond will be handled via any existing or additional biofiltration basins, bioswales or other methods to be approved by the Department of Public Works. We do not anticipate any negative impacts on any of the adjoining properties from this development, as they are all currently either retail, restaurant or office uses and we believe our project will be very compatible within this area. Traffic generated from this development will be in keeping with the traffic currently generated by neighbors such as Verve,ATI Physical Therapy, Lowe's, Kwik Trip, Panera Bread, Dick's Sporting Goods and Petsmart. Per the application form, below is our statement regarding any negative impacts on the following issues: • We do not believe there will be any negative health, safety or general welfare impacts on any of the surrounding land as a result of this identical usage pattern. • Pedestrian and vehicular circulation and safety will be handled within the previously constructed shared sidewalks and driveways, and will not impact the amount of traffic being routed towards the public rights-of-ways in numbers that would create traffic problems. • This project will not create any additional noise, air, water or other pollutions- in fact, it will assist in finalizing the redevelopment of a former site of landfilling activities, thereby having a positive environmental impact. • It will not impact the demand for or availability of public services in a negative way, as all necessary public services are in the vicinity and have adequate capacity to serve this project. • There will be no negative impact on the character or future development of the area, as this is a commercial area being developed with commercial uses in keeping with the surrounding areas. 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Those using the 0 information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9/3/2019 CS�1kJ5h www.ci.oshkosh.wi.ustGiSdisclaimer Prepared by:City of Oshkosh,WI J:IGIS;PlanningiPlan Commission Sate Ran Map TamplatelPlan Commission Site Plan Map Template.mxd User:minak I �CBP,PD w,L - J C4 _ l Q _ o _ 1 - - 7 EAST-WA � i C-BP-PD i i Y 71 Oshk sh ity Limi _ OMRO RD OM OSHKOSH AV f SMU 21 --...............1 21 SR=5i'F r \SMU-PD -PD -PD i77 • Z _........... _.................. SMU-PD N MR-20 03 4NWAX Z ;N SMU 12-PD JDR=6-PDT 1 SMU SR-3 f 1 1 in=0.09 mi 1 in=500ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and cit` the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9(3I2019 �� � www.cl.oshkosh.wi.us/GiSdisclaimer Prepared by:City of Oshkosh,WI J1GISI,PIanningiPlan Commission Site Plan Map Templatd,,Plan Commission Site Plan-.Map Tempiala.mxd User:minak I � _•�" �., s' �.>��:..-�'� 1, �. �. -x r i i i 5, s s. � d t k t,x , SIM s e s i r_ d � 1 r 13 �� N ��l�,J�`�� ,�� ,.�� � 1 in=0.02 mi 1in-120ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and CI,rW the City of Oshkosh assumes no liability for the accuracy of the information. Those using the 0 information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9/3/2019 � �� www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI JAGIS'Planningi?Ian Commission Site Plan Map TemplateRan Commission Site Plan:Map Templala.mxd User.minak OCTOBER 8, 2019 19-550 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO TID DEVELOPMENT AGREEMENT AND AGREEMENT FOR ASSIGNMENT OF WEDC GRANT REDEVELOPMENT AGREEMENT WITH ROGAN STORES OSHKOSH LLC, OSHKOSH REFURS, INC., AND MASTERS OSHKOSH, LLC FOR REDEVELOPMENT OF AVIATION PLAZA; AUTHORIZE CONSENT TO COLLATERAL ASSIGNMENTS OF DEVELOPMENT AND WEDC GRANT REDEVELOPMENT AGREEMENT FOR FINANCING PURPOSES FOR OSHKOSH REFURS, INC. INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT WHEREAS, the City of Oshkosh created Tax Incremental District (TID) #37 and approved Development Agreements with Rogan Stores Oshkosh,LLC,Reilly Real Estate, LLC and Masters Oshkosh, LLC ; and WHEREAS, the sole member of Reilly Real Estate,LLC has created a new entity in which he is the sole shareholder and has requested that the TID Development Agreements be modified to reflect this change to Oshkosh Refurb, Inc. and the parties enter into an Agreement to allow Reilly Real Estate's interest in an accompanying WEDC Grant Redevelopment Agreement to be assigned to Oshkosh Refurb, Inc.; and WHEREAS, Oshkosh Refurb, Inc. has requested an extension of the deadline for the Development Agreements and purchase of property by Oshkosh Refurb, Inc.; and WHEREAS, Oshkosh Refurb, Inc. has requested the City consent to a collateral assignment of the Development Agreement with Oshkosh Refurb, Inc. and Oshkosh Refurb's Interest in the WEDC Grant Redevelopment Agreement to its principal lender to be exercised only in the case of default by Oshkosh Refurb, Inc. on their loan and other obligations to the lender; and OCTOBER 8, 2019 19-550 RESOLUTION CONT'D WHEREAS, Rogan Stores Oshkosh, LLC and Masters Oshkosh, LLC are in agreement with the requested extension of time to execute the Development Agreements and complete the purchase of property for Oshkosh Refurb, Inc. and with the Agreement for Assignment of the WEDC Grant Redevelopment Agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the requested change from Reilly Real Estate, LLC to Oshkosh Refurb, Inc. is hereby approved. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an Amendment to the TID Developer Agreements with Rogan Stores Oshkosh LLC, Oshkosh Refurb, Inc., and Masters Oshkosh, LLC for redevelopment of the Aviation Plaza, per the attached, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Development Agreement as amended. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an Agreement for Assignment of the WEDC Grant Redevelopment Agreement with Rogan Stores Oshkosh LLC, Oshkosh Refurb, Inc., and Masters Oshkosh, LLC for redevelopment of the Aviation Plaza, per the attached, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Redevelopment Agreement as amended. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into a consent agreement for the assignment of the interests of Oshkosh Refurb, Inc. in the TID Development Agreement and Agreement for Assignment of the WEDC Grant Redevelopment Agreement to Hometown Sank, per the attached, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations thereunder. City of W Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director Lynn Lorenson, City Attorney DATE: October 3, 2019 RE: Approve Amendment to 1'1L) Development Agreement and Agreement for Assignment of WEDC Grant Redevelopment Agreement with Rogan Stores Oshkosh LLC, Oshkosh Refurb, Inc., and Masters Oshkosh, LLC for Redevelopment of Aviation Plaza; Authorize Consent to Collateral Assignments of Development and WEDC Grant Redevelopment Agreement for Financing Purposes for Oshkosh Refurb, Inc. BACKGROUND The City Council approved the nu #37 creation on July 23, 2019 to assist Rogan Stores Oshkosh LLC, Reilly Real Estate, LLC, and Masters Oshkosh, LLC, with the redevelopment of Aviation Plaza located along Interstate 41 at the intersection with Highway 44 / South Park Avenue. Development Agreements were negotiated which included a contingency that all Development Agreements be executed and the necessary purchase of land by Reilly Real Estate, LLC be completed by September 30, 2019. Financing and purchase of the land by Reilly Real Estate, LLC has taken longer than anticipated and the parties have requested an amendment to the Development Agreements extending the contingency deadline to October 31, 2019. In addition, Reilly Real Estate has created a new entity to comply with requirements of SBA financing that they are seeking and has requested that the Development Agreement be put in the name of the new entity. The same individual who was the sole member of Reilly Real Estate, LLC is the sole shareholder of the new entity, Oshkosh Refurb, Inc. Finally, to accomplish their financing, Reilly Real Estate, LLC has requested the city consent to a collateral assignment of the 1'1L) Development Agreement and the WEDC Grant Redevelopment Agreement to their primary lender. The City has permitted collateral assignments for financing in the past and under the Development Agreement Reilly could have assigned to an affiliate entity however, since we are coming back to council for the extension, it is expedient to formally recognize all the requested changes at this same time. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ANALYSIS Following is a summary of the main provisions of the Development and Redevelopment Agreements: • The developers will rehabilitate,construct, and/or upgrade their existing buildings and infrastructure on their respective properties at Aviation Plaza. • The developer's investment in improvements on private property are estimated to be over $20 million dollars. Approximately$2.75 million dollars of public infrastructure improvements are identified in the Project Plan including sidewalks, water, sanitary, and storm water management upgrades. These upgrades could occur once the city's TIF obligation is complete. • The City's contribution will be 90% of the generated tax increment during the life of the district. The funding gap to be filled with tax increment is restricted to specific TIF eligible costs identified in Exhibit C of the Development Agreement with a cap that shall not exceed $1,709,540 of pay-go assistance. If the TIF eligible costs are lower than $1,709,540, the TIF obligation will decrease. The total pay-go payments are projected to begin in 2022 and end when the TIF obligation has been paid through the'HD or in 2047 when the 1'ID is required to close, at an interest rate of 5.25%. • Project costs and land values have been updated since the Project Plan was approved by Council and increased the numbers of years of TIF obligation to ten years, which is more than the seven year TIF obligation that was previously stated at the Council meeting when the Project Plan was approved. • Due to the anticipated ten year payback period for this TIF obligation, a lookback clause was not added into the Development Agreement. • A provision to demo any vacant buildings or remove themed architecture finishes was reviewed by staff and outside consultants but has not been included in the agreement due to a number of factors including concerns that removal of a portion or all of some buildings in the District would lower the value in the District which would have a negative impact on the increment available and compromising the integrity of a building by removing outside elements could create issues related to building maintenance and code compliance. • The WEDC funds will be used for expanding the stormwater management system which will include increasing capacity for city stormwater needs in the Stringham Creek drainage basin area, install new laterals to each parcel from the water main in the right of way, install a sanitary lateral from the sanitary main in the right of way to each parcel, and any other grant-eligible costs that are required by city or state code. The sites are currently served by a private water and sanitary main with the water not being state code compliant and the sanitary being outdated. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The Resolution recognizes the change in controlling entity for the Reilly Extreme Customs property. The resolution also approves the proposed Amendment to the 111.) Development Agreement extending the date for the parties to enter into the Agreement and the land sale to October 31, 2019. The City received the signed copies of the Development Agreements by the original September 30th date, the only remaining contingency is the closing on the Oshkosh Refurb, Inc. property which is schedule to occur in the next several weeks. The resolution also approves the proposed Agreement for Assignment of the WEDC Grant Redevelopment Agreement that allows Refurb Oshkosh to assign their rights under the WEDC Grant Redevelopment Agreement and assures that all parties to the Agreement consent to that assignment. Finally the Resolution authorizes the City's consent to collateral assignment of the BD agreement and WEDC Grant Redevelopment Agreement for Oshkosh Refurb, Inc.'s primary financing. FISCAL IMPACT There is no anticipated impact from approval of the resolution and the proposed agreement and assignments. RECOMMENDATION The City Council approves the Resolution and authorizes staff to execute the proposed agreements and consents for collateral assignment. Submitted, Su itted, Approved: Alit4A2vit? Allen Davis L Lorenson Mark Rohloff Community Development Director 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 FIRST AMENDMENT TO TAX INCREMENTAL DISTRICT NO. 37 DEVELOPMENT AGREEMENT (AVIATION PLAZA PROJECT) This First Amendment to the Tax Incremental District No. 37 Development Agreement (the "First Amendment") is made this day of October, 2019 (the "Effective Date"), by and between the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation (the "City"), and MASTERS OSHKOSH, LLC, a Wisconsin limited liability company ("Masters") OSHKOSH REFURB, INC., a Wisconsin corporation ("Extreme Customs"), and ROGAN STORES OSHKOSH, LLC, a Wisconsin limited liability company ("Rogan's") (Masters, Extreme Customs, Rogan's and the City may be referred to collectively as the "Parties" or, individually, as a"Party") RECITALS WHEREAS, the City has established Tax Incremental District No. 37 (the"District") as a district in which at least fifty percent (50%) of the property within the District is in need of rehabilitation or conservation work, as defined in Wis. Stat. Sec. 66.1337 (2m)(a), and in which certain costs incurred for redevelopment of the District may be reimbursed from property tax increment as provided by State law; and WHEREAS,pursuant to the District Plan,Development Agreements were negotiated with Masters, Extreme Customs, and Rogan's; and WHEREAS, Extreme Customs created a new affiliated entity and desires to enter into the Development Agreement and this amendment in the name of the affiliated entity, Oshkosh Refurb, Inc.; and WHEREAS, the Development Agreements contained a contingency that all Development Agreements would be entered into and Oshkosh Refurb, Inc. would complete purchase of its "Developer Property" as that term was defined in the Developer Agreement between Oshkosh Refurb, Inc. and the City; and WHEREAS, the real estate closing whereby Oshkosh Refurb, Inc. would purchase its "Developer Property" has been delayed into October; WHEREAS, the Parties desire to amend the Developer Agreements to account for the delayed closing. NOW THEREFORE, in consideration of the recitals, the terms and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT I. AMENDMENT. The Parties desire to amend paragraph II of each of their respective Development Agreements by amending Paragraph II of the Developer Agreements as follows: II. INITIAL CONTINGENCY. The effectiveness of this Agreement is contingent upon Extreme Customs acquiring its portion of the District property and the City entering into Development Agreements with each of Developer, Rogan's, and Extreme Customs with respect to the Project. In the event that both Extreme Customs' acquisition of its portion of the District property and the City's approval of all three (3) Development Agreements have not occurred on or before October 31, 2019, this Agreement shall be null and void and the parties shall have no further rights or obligations hereunder. (the "Amended Language"). II. EFFECT OF AMENDMENT. The Amended Language of this First Amendment shall supersede and supplant the language in paragraph II of each Party's Development Agreement with the City as if stated fully therein. All other paragraphs and provisions of the Parties' Development Agreements not otherwise addressed in this First Amendment shall remain in full force and effect. [Signatures Begin On Next Page] IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date stated in the first paragraph of this Agreement. MASTERS OSHKOSH, LLC BY: Its: Member STATE OF WISCONSIN } } SS COUNTY OF WASHINGTON I Personally came before me this day of October, 2019, the above-named Thomas Masters, to me known to be the person who executed the foregoing instrument. Notary Public, State of Wisconsin My Commission: OSHKOSH REFURB, INC. BY: Its: Shareholder and President STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGOI Personally came before me this day of October, 2019, the above-named Tyler G. Reilly, to me known to be the person who executed the foregoing instrument. *Heath G. Mynsberge Notary Public, State of Wisconsin My Commission is permanent. ROGAN STORES OSHKOSH LLC, by its sole member, ROGAN SHOES, INCORPORATED BY: Patrick A. Rogan, President of Rogan Shoes, Incorporated, Sole Member STATE OF WISCONSIN } } SS COUNTY OF RACINE } Personally came before me this day of October, 2019, the above-named Patrick A. Rogan, to me known to be the person who executed the foregoing instrument. Joseph J. Muratore Jr. Notary Public, State of Wisconsin My Commission is permanent. CITY OF OSHKOSH,WISCONSIN By: Mark A. Rohloff, City Manager By: Pamela R. Ubrig, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGO } Personally came before me this day of October, 2019, the above named City Manager and City Clerk of the City of Oshkosh, to me known to be the persons who executed the foregoing instrument. Notary Public, State of Wisconsin My Commission: AGREEMENT FOR ASSIGNMENT OF REDEVELOPMENT AGREEMENT I. PARTIES The parties to this agreement are: 1.01 Tom Masters, an individual having offices at 22 North Main Street, in Hartford, Wisconsin ("Masters"); 1.02 Rogan Stores Oshkosh LLC, a Wisconsin limited liability company having offices at 1750 Ohio Street in Racine, Wisconsin ("Rogan's"); 1.03 Phoenix Realty, LLC, a Wisconsin limited liability company having offices at 401 East Kilbourn Avenue, Suite 201, in Milwaukee, Wisconsin ("Phoenix"); 1.04 Reilly Real Estate, LLC, a Wisconsin limited liability company having offices at 3420 Jackson Street, in Oshkosh, Wisconsin ("Reilly"); 1.05 Oshkosh Refurb, Inc., a Wisconsin corporation having offices at 3420 Jackson Street in Oshkosh, Wisconsin ("Refurb"); and 1.05 The City of Oshkosh, Wisconsin, a Wisconsin municipal corporation having offices at 215 Church Avenue in Oshkosh, Wisconsin (the "City"; Masters, Rogan's Phoenix, Reilly, Refurb and the City may be referred to collectively as the "Parties" or individually as a"Party"). IL RECITALS 2.01 The date of this agreement is October , 2019. 2.02 WHEREAS, Masters, Rogan's, Phoenix, Reilly and the City entered into a Redevelopment Agreement dated May 13, 2019, which was recorded with the Winnebago County Register of Deeds as Document No. 1791305 on or about June 12, 2019 (the"Redevelopment Agreement"); and 2.03 WHEREAS, as of the effective date of the Redevelopment Agreement, Phoenix and Reilly were under a"Form Offer"' to purchase the "Phoenix Property,,; and 2.04 WHEREAS, prior to the closing of the transaction between Phoenix and Reilly, Reilly assigned all right and interest under the Form Offer to Refurb; and ' As that term is defined in the Redevelopment Agreement. 2 As that term is defined in the Redevelopment Agreement. 2 2.05 WHEREAS, Refurb desires to redevelop the"Property3,, on the same terms and conditions set forth in the Redevelopment Agreement and assume the responsibilities, obligations, and duties set forth therein; and 2.06 WHEREAS, Reilly desires to assign the responsibilities, obligations, and duties set forth in the Redevelopment Agreement to Refurb; 2.07 WHEREAS, Section 21 of the Redevelopment Agreement permits free and liberal assignment of the rights and obligations under the Redevelopment Agreement"upon the transfer of[a Party's] respective Property" but is silent as to the right to assign prior to a transfer of property; and 2.07 WHEREAS, the Parties desire to enter into this Assignment Agreement upon the terms and conditions set forth herein (the "Assignment"). III. AGREEMENT NOW, THEREFORE, it is agreed as follows: 3.01 Recitals. The recitals are a part of this Assignment. 3.05 Representation of Reilly. Reilly hereby states, represents and covenants as follows: (a) Reilly has the right, power and authority to assign Redevelopment Agreement to Refurb, and that nothing in this Assignment violates, is contrary to, modifies or jeopardizes any term or condition contained in the Redevelopment Agreement. (b) There is no litigation or administrative proceeding pending of which the Redevelopment Agreement is the subject, or otherwise, which could modify, subordinate or in way jeopardize the rights, power and authorities Refurb hereunder. (c) The assignment of the Redevelopment Agreement as provided for herein is permitted under Wisconsin law and does not jeopardize or alter Refurb's right to receive reimbursement from the City for eligible costs incurred consistent with the Redevelopment Agreement. (d) No representation or warranty of Reilly in this Assignment contains any untrue statement of material fact, or omits or will omit to state a material fact necessary to make the statements contained herein not misleading. 3.02 Assignment. Reilly hereby assigns, transfers, and conveys to Refurb all right, title and interest that it has in and to the Redevelopment Agreement. 3 As that term is defined in the Redevelopment Agreement. 3 3.06 Consents. Masters, Rogan's, Phoenix, and the City hereby consent to the assignment by Reilly to Refurb. Masters, Rogan's, Phoenix, and the City agree that such assignment shall not be a default under the Redevelopment Agreement. 3.07 Miscellaneous. (a) Survival of Representations. The representations, warranties and agreements of Reilly contained in this Assignment shall not be discharged or dissolved upon but shall survive the date of the execution hereof. (b) Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and assigns, heirs and personal representatives, except as otherwise expressly provided herein. (c) Waiver Change or Modification. This Agreement may not be changed orally, but only by an agreement in writing, and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. (e) Applicable Law. The parties agree that this Agreement shall be construed pursuant to and in accordance with the laws of the State of Wisconsin. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date stated in the first paragraph of this Agreement. THOMAS MASTERS STATE OF WISCONSIN } } SS COUNTY OF WASHINGTONI Personally came before me this day of October, 2019, the above-named Thomas Masters, to me known to be the person who executed the foregoing instrument. Notary Public, State of Wisconsin My Commission: 4 REILLY REAL ESTATE, LLC BY: Its: Member STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGOI Personally came before me this day of October, 2019, the above-named Tyler G. Reilly, to me known to be the person who executed the foregoing instrument. *Heath G. Mynsbeme Notary Public, State of Wisconsin My Commission is permanent. 5 ROGAN STORES OSHKOSH LLC, by its sole member, ROGAN SHOES, INCORPORATED BY: Patrick A. Rogan, President of Rogan Shoes, Incorporated, Sole Member STATE OF WISCONSIN } } SS COUNTY OF RACINE } Personally came before me this day of October, 2019, the above-named Patrick A. Rogan, to me known to be the person who executed the foregoing instrument. Joseph J. Muratore Jr. Notary Public, State of Wisconsin My Commission is permanent. 6 PHOENIX REALTY, LLC BY: Its: Manager STATE OF WISCONSIN } } SS COUNTY OF MILWAUKEE } Personally came before me this day of October, 2019, the above-named David M. Marks, to me known to be the person who executed the foregoing instrument. Notary Public, State of Wisconsin My Commission: 7 OSHKOSH REFURB, INC. BY: Its: Shareholder and President STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGOI Personally came before me this day of October, 2019, the above-named Tyler G. Reilly, to me known to be the person who executed the foregoing instrument. *Heath G. Mynsbeme Notary Public, State of Wisconsin My Commission is permanent. 8 CITY OF OSHKOSH,WISCONSIN By: Mark A. Rohloff, City Manager By: Pamela R. Ubrig, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGO } Personally came before me this day of 2019, the above named City Manager and City Clerk, to me known to be the person who executed the foregoing instrument. Notary Public, State of Wisconsin My Commission: CONSENT OF CITY OF OSHKOSH TO ASSIGNMENT BY OSHKOSH REFURB, INC. OF TID AGREEMENT This CONSENT is effective as of October , 2019 and is made by the City of Oshkosh, Wisconsin (the"fit ')for the benefit of Hometown Bank(the"Bank"). The City acknowledges that: A. The Bank made a loan in the amount of at least$272,056 (the "Loan")to, or for the benefit of, Oshkosh Refurb, Inc. (the "Borrower") and has made other, and may make future, loans to the Borrower. B. The proceeds of the Loan are being used for the construction by the Borrower of improvements at 2175-2185 S. Koeller Street in Oshkosh,Wisconsin (the"Project"). C. The City and Borrower are parties to a Tax Incremental District No. 37 Development Agreement (Aviation Plaza Project)dated September 20, 2019 (the"TID Agreement")under which the City, subject to the terms and conditions of the TID Agreement, shall make payments in the future to Borrower from tax increment generated from the Project . A copy of the TID Agreement is attached as Exhibit B to the Collateral Assignment of TID Redevelopment Agreement and Pledge of TID Payments made by Borrower to the Bank, effective as of October , 2019 (the "Collateral Assignment Agreement"). In consideration of the Bank making the Loan, and extending other credit and accommodations now and hereafter,to the Borrower,the City agrees as follows: 1. The City consents to the Collateral Assignment Agreement by Borrower to the Bank. The City agrees that such collateral assignment and pledge shall not be a default under the TID Agreement. 2. Except for adjustments to Reimburseable Project Costs made per Section IILE of the TID Agreement, the City will not agree to any material amendment, modification or assignment(to any party other than Bank or its designee) of the TID Agreement without first obtaining the Bank's prior written consent and no amendment or modification shall be binding upon the Bank without the Bank's consent. 3. The City will send copies of all notices to the Bank that are required to be delivered by the City to the Borrower under the terms of the TID Agreement. 4. Borrower has pledged its right to receive the payments under the TID Agreement to the Bank to secure the Loan and any other indebtedness of obligations Borrower may now or at any time hereafter owe to Bank however arising. The City consents to Borrower's pledge of the payments to the Bank. The City has not previously consented to or agreed to any assignment of same by the Borrower to any other lender or party. 5. If the Borrower shall default under the TID Agreement, the City will not exercise any remedies, including, but not limited to, any right to terminate the TID Agreement, until the City shall give 1 a copy of the notice of default to the Bank and the Bank shall fail to either (a)remedy the default of the Borrower at the Bank's cost and expense, or (b) in the case of a non-monetary default, the Bank may, within such reasonable time as may be appropriate taking into account the nature of the default but in no case longer than sixty(60)days from the date of the notice, deliver to the City an undertaking to remedy the default. 6. To the extent that the Bank steps into the TID Agreement in place of the Borrower, the Bank agrees to assume all obligations and liabilities of the Borrower pursuant to the TID Agreement and in that situation the City shall agree to any reasonable time extensions requested by the Bank if needed to cure non-monetary defaults of Borrower under the TID Agreement. 7. The Bank may upon default of the Borrower under any obligation due the Bank and written notice delivered to the Borrower and the City, demand in writing, that the City make the TID Payments due Borrower thereafter directly to the Bank. Borrower hereby authorizes the City to deliver those payments to the Bank and waives its rights, if any, to contest, object or make any claims that the City was not authorized to make or deliver such payments directly to the Bank. 8. The City will send all notices to the Bank by certified mail, return receipt requested, or by overnight delivery service to the following address, or to such other address as may be designated in writing by the Bank hereafter: Hometown Bank Attn: Nate Kok,V.P. 4190 Boardwalk Ct. Appleton,WI 54914 with a copy to: Atty.Alexander L. Ullenberg Ullenberg Law Offices SC 101 Camelot Dr.,Ste.2b Fond du Lac,WI 54935 9. The Bank will send all notices to the City by certified mail, return receipt requested, or by overnight delivery service to the following address, or to such other address as may be designated in writing by the City hereafter: City of Oshkosh, Director of Community Development 215 Church Avenue Post Office Box 1130 Oshkosh,WI 54903-1130 Attn: Director of Community Development Facsimile No. 920-236-5053 2 with a copy to: City of Oshkosh, City Attorney's Office 215 Church Avenue Post Office Box 1130 Oshkosh,WI 54903-1130 Attn: City Attorney Facsimile No. 920-236-5106 CITY OF OSHKOSH By: Mark A. Rohloff, City Manager By: Pamela R. Ubig, City Clerk Approved as to Form: By: Lynn A. Lorenson, City Attorney 3 CONSENT OF CITY OF OSHKOSH TO ASSIGNMENT BY OSHKOSH REFURB, INC. OF (WEDC GRANT)REDEVELOPMENT AGREEMENT This CONSENT is effective as of October , 2019 and is made by the City of Oshkosh, Wisconsin (the "QW) for the benefit of Hometown Bank (the "Bank"). The City acknowledges that: A. The Bank made a loan in the amount of at least $216,838 (the "Loan") to, or for the benefit of, Oshkosh Refurb, Inc. (the "Borrower") and has made other, and may make future, loans to the Borrower. B. The proceeds of the Loan are being used for the construction by the Borrower of improvements at 2175-2185 S. Koeller Street in Oshkosh, Wisconsin (the "Project"). C. The City and Borrower are parties to a Redevelopment Agreement dated May 13,2019, originally between the City and Reilly Real Estate, LLC, and other parties,which was recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on June 12, 2019 at 1:56 p.m. as Document No. 1791305, which was thereafter assigned by Reilly Real Estate LLC to Borrower (collectively the "Redevelopment Agreement") under which the City, subject to the terms and conditions of the Redevelopment Agreement, shall make payments in the future to Borrower from an Idle Industrial Sites Redevelopment Grant received by the City from the Wisconsin Economic Development Corporation associated with the Project. A copy of the Redevelopment Agreement is attached as Exhibit B to the Collateral Assignment of (WEDC Grant) Redevelopment Agreement and Pledge of the WEDC Grant Payments made by Borrower to the Bank, effective as of October , 2019 (the "Collateral Assignment Agreement'). In consideration of the Bank making the Loan, and extending other credit and accommodations now and hereafter, to the Borrower, the City agrees as follows: 1. The City consents to the Collateral Assignment Agreement by Borrower to the Bank. The City agrees that such collateral assignment and pledge shall not be a default under the Redevelopment Agreement. 2. The City will not agree to any material amendment, modification or assignment (to any party other than Bank or its designee) of Borrower's interest in the Redevelopment Agreement without first obtaining the Bank's prior written consent and no amendment or modification shall be binding upon the Bank without the Bank's consent. 3. The City will send copies of all notices to the Bank that are required to be delivered by the City to the Borrower under the terms of the Redevelopment Agreement. 4. Borrower has pledged its right to receive the payments under the Redevelopment Agreement to the Bank to secure the Loan and any other indebtedness of obligations Borrower may now 1 or at any time hereafter owe to Bank however arising. The City consents to Borrower's pledge of the payments to the Bank. The City has not previously consented to or agreed to any assignment of same by the Borrower to any other lender or party. 5. If the Borrower shall default under the Redevelopment Agreement, and sums shall still be available for payment to Borrower under the grant after the date of that default then the City shall give a copy of the notice of default to the Bank and the Bank shall be given a reasonable time as may be appropriate taking into account the nature of the default and terms and conditions of the Redevelopment Agreement and Grant Agreement, to remedy the default and step into the shoes of the Borrower to obtain such future payments. 6. To the extent that the Bank steps into the Redevelopment Agreement in place of the Borrower, the Bank agrees to assume all obligations and liabilities of the Borrower pursuant to the Redevelopment Agreement and in that situation the City shall agree to any reasonable time extensions requested by the Bank if needed to cure non-monetary defaults of Borrower under the Redevelopment Agreement. 7. The Bank may upon default of the Borrower under any obligation due the Bank and written notice delivered to the Borrower and the City, demand in writing, that the City make the WEDC Payments due Borrower thereafter directly to the Bank. Borrower hereby authorizes the City to deliver those payments to the Bank and waives its rights, if any, to contest, object or make any claims that the City was not authorized to make or deliver such payments directly to the Bank. 8. The City will send all notices to the Bank by certified mail, return receipt requested, or by overnight delivery service to the following address, or to such other address as may be designated in writing by the Bank hereafter: Hometown Bank Attn: Nate Kok,V.P. 4190 Boardwalk Ct. Appleton, WI 54914 with a copy to: Atty. Alexander L. Ullenberg Ullenberg Law Offices SC 101 Camelot Dr., Ste. 2b Fond du Lac, WI 54935 2 9. The Bank will send all notices to the City by certified mail, return receipt requested, or by overnight delivery service to the following address, or to such other address as may be designated in writing by the City hereafter: City of Oshkosh, Director of Community Development 215 Church Avenue Post Office Box 1130 Oshkosh, WI 54903-1130 Attn: Director of Community Development Facsimile No. 920-236-5053 with a copy to: City of Oshkosh, City Attorney's Office 215 Church Avenue Post Office Box 1130 Oshkosh, WI 54903-1130 Attn: City Attorney Facsimile No. 920-236-5106 CITY OF OSHKOSH By: Mark A. Rohloff, City Manager By: Pamela R. Ubig, City Clerk Approved as to Form: By: Lynn A. Lorenson, City Attorney 3 OCTOBER 8, 2019 19-551 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE LAND ACQUISITION AND DISPOSITION POLICY INITIATED BY: COMMON COUNCIL WHEREAS, the Common Council desires to create a land acquisition and disposition policy for land in the City which is transparent, accountable and effective and which complies with existing city codes, state statutes and federal laws and funding requirements. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached "Land Acquisition and Disposition Policy" is hereby approved and the proper City officials are hereby authorized and directed to take those steps necessary to carry out the City's responsibilities under the Policy. Cit yf Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: October 1, 2019 RE: Approve Land Acquisition and Disposition Policy BACKGROUND The Council directed the City Manager and staff to create a process and policy for acquiring and disposing of land for the City. The process and policy was then divided into a Residential land process and a Commercial and Surplus land process. Staff drafted the material earlier this year and Council received the drafts in mid-July, 2019. Council then held a workshop regarding the draft process and policies on August 13, 2019. ANALYSIS The flowcharts and policy attachment encompasses the typical land acquisitions and dispositions the City considers on a regular basis. The residential land is typically blight removal and redevelopment. The commercial land is typically industrial and business parks and the disposition of surplus land. The various processes and policies identify the staff responsibilities and the roles of the respective boards and commissions in the review of the proposed land acquisitions and dispositions. FISCAL IMPACT The process and policy for each type of land acquisition and disposition is consistent with existing city codes and policies for funding these types of actions. RECOMMENDATION The Council approves the proposed Land Acquisition and Disposition Policy. Submitted, Approved: 4t/to,y-1 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 hffp://www.ci.oshkosh.wi.us City , o r Oshkosh Land Acquisition and Disposition Policy DRAFT 7.17.19 City Residential Land Acquisition and Sale Process CDBG Pro ram Healthy Neighborhoods Capital Improvement g Program Program Low to Moderate Affordable Housing Income Housing Redevelopment Authority approves Redevelopment Authority approves Redevelopment Authority approves acquisition No acquisition based on determination of blight No No based on determination of blight or property is or property is within a Redevelopment Area blight or property is within a within a Redevelopment Area Redevelopment Area Common Council concurs with blight Common Council concurs with blight determination determination and approves funding for Common Council concurs with blight and approves funding for acquisition acquisition determination and approves funding for acquisition Yes 41 City staff determines conditions for sale Redevelopment Authority Common Council Staff conditions for sale: are consistent with policy and zoning Conditions for Sale -New Affordable House -Fair Market Value or LMI Housing -Subsidize new construction Partner with: -CDBG funds not eli Ible for new construction -No fair market value requirement Private Sale- g -Habitat for Humanity-new -No income limit -Sell to adjacent property affordable residential -Mow to Own construction Partner with: -Advocap—new affordable Private Sale Partner with: Private Sale -Sell to private owner for residential construction -Habitatfor Humanity: residential construction -Sell to adjacent -Habitatfor Humanity: -SE to adjacent new affordable -GO-HNI:Rehab home or property—Land sold at new affordable residential property—combine OtS residential construction build new affordable fair market construction -Advocap—new residential construction -Advoca new affordable -MOW to OWn affordable residential -Sell to private owner P for residential residential construction -Sell to private OWner construction construction -GO-HNI:Rehab home or for affordable residential -GO-HNI:Rehab home —Sold for fair market or build Affordable construction or build new affordable affordable housing residential construction residential construction RDA Approves: 1.Sale Price-No fair RDA Approves: market value RDA Approves: 2.sale Price requirements 2.Design ap proval 2.Design ap proval of 1.Sale Price of residential esidential consrruction 2.Design approval of constre�tion residential construction DRAFT DRAFT 7/17/19 Residential Land Acquisition and Sales Process -Community Development Block Grant (CDBG) Purchase The RDA has jurisdiction over spot-blighted properties and properties within redevelopment districts. The purpose of this policy is to establish a transparent, accountable and effective residential land sales process that is consistent with state and federal requirements. The RDA reserves the right to deviate from this process when in the opinion of the RDA it is in the best interests of the City. Actions Required: The RDA first makes determinations related to land acquisition and sales transactions for spot-blighted properties and properties within redevelopment districts, including but not limited to entering into options and accepting offers. The RDA and Council share responsibility for approval. Land Acquisition. The City Council adopts a Redevelopment Plan or designates a blighted property in order for the RDA to acquire a blighted parcel. The RDA acquires and holds the title to the parcel. Determination whether to offer land for sale/redevelopment. The RDA determines if land will be made available for sale or redevelopment and may consider all relevant information including but not limited to the following factors - any Redevelopment Plan, other City plans, environmental assessment and remediation needs,building demolition requirements, and potential combination with other parcels in the future. The RDA may determine that the land should be banked until a future date, or may determine that the land should be made available for more immediate redevelopment. If the land is made available for sale, then the following general process shall apply. Conditions for Sale CDBG rules require that the land be sold for Fair Market Value or to a Low to Moderate Income Household (based on household income by household size) DRAFT Marketing—Private Sales The RDA determines the type of marketing to be used for selling the land. Staff shall place a "for sale" sign on the land. Staff shall list the available land on free or low-cost websites. Marketing -Affordable Housing Partners The RDA may also enter into an agreement with an affordable housing partner for the development of a residential project on the property, either a new construction or a rehabilitation of the existing structure. Review and Approval of the Sales Price and Building Design The RDA shall review offers received based on signs, websites, and other common means on a first-come, first-served basis. The RDA may grant Options on land as circumstances dictate. The RDA may also review the design of any structures proposed for the land as part of their deliberation Public Notice: RDA and City Council agendas, packets and minutes are posted to the City's website. Closed sessions are noticed as required by Wisconsin State Statutes. DRAFT DRAFT 7/17/19 Residential Land Acquisition and Sales Process - Healthy Neighborhoods Initiative (HNI) Purchase The RDA has jurisdiction over spot-blighted properties and properties within redevelopment districts. The purpose of this policy is to establish a transparent, accountable and effective residential land sales process that is consistent with state and federal requirements. The RDA reserves the right to deviate from this process when in the opinion of the RDA it is in the best interests of the City. Actions Required: The RDA first makes determinations related to land acquisition and sales transactions for spot-blighted properties and properties within redevelopment districts, including but not limited to entering into options and accepting offers. The RDA and Council share responsibility for approval. Land Acquisition. The City Council adopts a Redevelopment Plan or designates a blighted property in order for the RDA to acquire a blighted parcel. The RDA acquires and holds the title to the parcel. Determination whether to offer land for sale/redevelopment. The RDA determines if land will be made available for sale or redevelopment and may consider all relevant information including but not limited to the following factors - any Redevelopment Plan, other City plans, environmental assessment and remediation needs,building demolition requirements, and potential combination with other parcels in the future. The RDA may determine that the land should be banked until a future date, or may determine that the land should be made available for more immediate redevelopment. If the land is made available for sale, then the following general process shall apply. Conditions for Sale HNI has no Fair Market Value or LMI benefit requirement. HNI requires the residential unit(s)be affordable. The affordability of the unit is based on a 30% maximum of the occupant's annual household income spent of housing-related expenses. DRAFT Marketing—Private Sales The RDA determines the type of marketing to be used for selling the land. Staff shall place a "for sale" sign on the land. Staff shall list the available land on free or low-cost websites. Marketing -Affordable Housing Partners The RDA may also enter into an agreement with an affordable housing partner for the development of a residential project on the property, either a new construction or a rehabilitation of the existing structure. Review and Approval of the Sales Price and Building Design The RDA shall review offers received based on signs, websites, and other common means on a first-come, first-served basis. The RDA may grant Options on land as circumstances dictate. The RDA may also review the design of any structures proposed for the land as part of their deliberation Public Notice: RDA and City Council agendas, packets and minutes are posted to the City's website. Closed sessions are noticed as required by Wisconsin State Statutes. DRAFT DRAFT 7/17/19 Residential Land Acquisition and Sales Process -Capital Improvement Program Purchase The RDA has jurisdiction over spot-blighted properties and properties within redevelopment districts. The purpose of this policy is to establish a transparent, accountable and effective residential land sales process that is consistent with state and federal requirements. The RDA reserves the right to deviate from this process when in the opinion of the RDA it is in the best interests of the City. Actions Required: The RDA first makes determinations related to land acquisition and sales transactions for spot-blighted properties and properties within redevelopment districts, including but not limited to entering into options and accepting offers. The RDA and Council share responsibility for approval. Land Acquisition. The City Council adopts a Redevelopment Plan or designates a blighted property in order for the RDA to acquire a blighted parcel. The RDA acquires and holds the title to the parcel. Determination whether to offer land for sale/redevelopment. The RDA determines if land will be made available for sale or redevelopment and may consider all relevant information including but not limited to the following factors - any Redevelopment Plan, other City plans, environmental assessment and remediation needs,building demolition requirements, and potential combination with other parcels in the future. The RDA may determine that the land should be banked until a future date, or may determine that the land should be made available for more immediate redevelopment. If the land is made available for sale, then the following general process shall apply. Conditions for Sale CIP funding has no mandated conditions for sale. Staff recommendations for policies for conditions for sale include: DRAFT 1. Proposed redevelopment of the lot meets zoning and design requirements for the lot. 2. Condition of the land and/or structure. 3. Estimated rehabilitation cost and proposed sale price of the lot. 4. The potential impact on the neighborhood as a result of the project. 5. Potential redevelopment in combination with adjoining properties. 6. Projected Assessed Value of the new residential structures. Marketing—Private Sales The RDA determines the type of marketing to be used for selling the land. Staff shall place a "for sale" sign on the land. Staff shall list the available land on free or low-cost websites. Marketing -Affordable Housing Partners The RDA may also enter into an agreement with an affordable housing partner for the development of a residential project on the property, either a new construction or a rehabilitation of the existing structure. Review and Approval of the Sales Price and Building Design The RDA shall review offers received based on signs, websites, and other common means on a first-come, first-served basis. The RDA may grant Options on land as circumstances dictate. The RDA may also review the design of any structures proposed for the land as part of their deliberation. Public Notice: RDA and City Council agendas, packets and minutes are posted to the City's website. Closed sessions are noticed as required by Wisconsin State Statutes. DRAFT" • City Commercial and Surplus Land Acquisition and Sale Process Industrial/Business Park Land other city-owned Land Acquisition RDA Land Acquisition Acquisition and Sales Process and Sales Process and Sale Process Common Council Approves Land Common Council Approves Common Council Approves Purchase and Acquisition of Other City Owned Land Redevelopment Plan and Spot Development for Industrial/Business Park Responsibility Blight Designation Land Staff reviews land Ongoing Marketing: holdings R DA Acquires Land for 1.Signs Blight Removal on z.website periodically— Behalf of the City 3.other Entities ex:�o-EDc may recommend surplus/disposal RDA determines if land should go -Standard O tion to -Standard Offer to - to land bank p Purchase Factors: Purchase Land Bank GrantTem ora No -Environmental Assessment -Grant Temporary - p ry ._ithplans -Building Demolition Access for Due Access for Due No F— YES -Environmental Remediation Diligence Diligence Common Council Common determines if land Ongoing Marketing: Common Council Council Action is surplus RDA Drafts, action on option to on Offer to 1.signs Purchase purchase 2.Website Solicits and - Reviews RFPs ar a in 3.Other Entities g Transfer property Re uest for such as Go-EDc Draft 1.Websites to other pro osals Buyer Executes Development government entity p 2.For Sale Process RDAA roves: Option Agreement if Sin such as State or Sale PPce& needed county Development Agreement common council Approval of Common Council Approval If Development Common Needed:TIF,Development Agreement Council Action Agreement,CI. DRAFT DRAFT 7/17/19 RDA Land Acquisition and Sales Process - Redevelopment Authority (RDA) owned land The RDA has jurisdiction over spot-blighted properties and properties within redevelopment districts The purpose of this policy is to establish a transparent, accountable and effective land sales process that is consistent with state law requirements. The RDA reserves the right to deviate from this process when in the opinion of the RDA it is in the best interests of the RDA and/or City. RDA Actions Required: The RDA and Council share responsibility related to the acquisition of property and The RDA makes final determinations related to land disposition for spot-blighted properties and properties within redevelopment districts, including but not limited to entering into options and accepting offers. The RDA and Council share responsibility for approval of Development Agreements and Development Plans. Land Acquisition. The Common Council adopts a Redevelopment Plan or designates a blighted property in order for the RDA to acquire a blighted parcel. The RDA acquires and holds the title to the parcel. Determination whether to offer land for sale/redevelopment. The RDA determines if land will be made available for sale or redevelopment and may consider all relevant information including but not limited to the following factors - any Redevelopment Plan, the City's Comprehensive Plan other City plans, environmental assessment and remediation needs, building demolition requirements, and potential combination with other parcels in the future. The RDA may determine that the land should be banked until a future date, or may determine that the land should be made available for more immediate redevelopment. If the land is made available for sale, then the following general process shall apply. DRAFT Marketing Request for Proposals RDA determines whether a Request for Proposals (RFP) should be developed and distributed. Staff would develop the elements of the RFP including the existing land conditions, the City's future plans, potential costs of redevelopment, and desired redevelopment goals, including tax base and employment. RDA issues the RFP and reviews Proposals accepted in response to the RFP. The RDA determines which,if any,proposal is accepted. The RDA may meet in closed session when needed to discuss terms and bargaining strategy or for other purposes permitted by Wisconsin Statutes. The RDA selects the Proposal best judged to meet the City's goals or the RDA or may reject all proposals and reevaluate options related to the property or seek new or additional proposals. Staff drafts closing and other documents as needed. General Marketing The RDA determines the type of marketing to be used for selling the land. Staff shall place a "for sale" sign on the land. Staff shall list the available land on free or low-cost websites. Other economic development entities such as GOEDC and WEDC shall be alerted to the availability of the land. Review of Offers. The RDA will review any offers received based on signs, websites, and other common means on a first-come, first-served basis. The RDA may grant Options on land as circumstances dictate. Development or other Agreement, if required. Elements that typically require a formal Agreement include, but are not limited to: Tax Increment Financing (TIF)/Development Agreement, Capital Improvement Plans (CIP) and City investments, Leasing Agreements, Development Plans, etc. If an Agreement is required,the RDA and Common Council, if required,will review and approve the Agreement by resolution and may meet in closed session to discuss the terms and bargaining strategy, if necessary. DRAFT Review and Approval of the General Development and Specific Implementation Plans for Planned Developments. Upon approval of the Development Agreement by the RDA and Common Council, if the proposed project involves a Planned Development,the Developer shall submit the proposed General Development Plan and Specific Implementation Plans to the City for review by the RDA and Plan Commission and approval by the Common Council. Public Notice: RDA, Plan Commission and Common Council agendas, packets and minutes are posted to the City's website. Closed sessions are noticed as required by Wisconsin State Statutes. DRAFT DRAFT 7/17/19 City Industrial & Business Park Land Acquisition and Sales Process The City has created Industrial and Business Parks as part of the City's Economic Development Strategy. Sales of lands within the Industrial and Business Parks help retain and expand existing businesses and attract new businesses to Oshkosh. The purpose of this policy is to establish a transparent, accountable and effective land sales process that is consistent with state law requirements.The Council reserves the right to deviate from this process when in the opinion of the Council it is in the best interests of the City. Common Council Actions Required: The Common Council makes all final determinations related to Industrial and Business Park Land Acquisition and Sales transactions, including but not limited to entering into options, accepting offers and approval of Development Agreements and Development Plans. The Common Council determines if land should be acquired and developed for future Industrial and Commercial Development. The Council may consider all relevant information including but not limited to: the City's Comprehensive Plan, the City's Economic Development Plans, Environmental assessment and remediation needs of the property proposed to be acquired and developed, and potential expansion prospects with other parcels in the future. The City Council may determine that land which is acquired should be banked until a future date, or may determine that the land should be made available for more immediate development. If the land is made available for development, then the following general process shall apply. Marketing. Staff shall place a "for sale" sign on the land. Staff shall list the available land on free or low-cost websites. Other economic development entities such as GOEDC and WEDC shall be alerted to the availability of the land. Review of Offers —The City will review offers received based on signs, websites, and other common means on a first-come, first-served basis. Staff coordinates site plan and restrictive covenant review with GOEDC. The Common Council may grant an "Option for Purchase" or accept an "Offer to Purchase" on land when in the sole discretion of the Council it is in the best interests of the City to do so. DRAFT Development or other Agreement, if required. Elements that typically require a formal Agreement include, but are not limited to: Tax Increment Financing (TIF)/Development Agreement, Capital Improvement Plans (CIP) and City investments, Leasing Agreements, Development Plans, etc. If an Agreement is required, the Common Council will review and approve the Agreement by resolution at a council meeting and may meet in closed session to discuss the terms and bargaining strategy, if necessary. Review and Approval of the General Development and Specific Implementation Plans for Planned Developments. Upon approval of the Development Agreement by the Common Council, if the proposed project involves a Planned Development, the Developer shall submit the proposed General Development Plan and Specific Implementation Plans to the City for review by the Plan Commission and approval by the City Council. Public Notice: Plan Commission and Common Council agendas, packets and minutes are posted to the City's website. Closed sessions are noticed as required by Wisconsin State Statutes. DRAFT DRAFT 7/17/19 Surplus City Land Acquisition and Sales Process City property may at times be determined to no longer be convenient or necessary for continued city use, such as when a utility facility may be removed or replaced. In addition, City departments such as Public Works,Parks and Transportation may identify a need for land acquisitions for City projects—such as streets, stormwater facilities,parks and parking lots. In some cases,there may be land that can be sold for development after the City project is completed. The purpose of this policy is to establish a transparent, accountable and effective land sales process that is consistent with state law requirements for property formerly used by the City or acquired for city projects but which is determined to be excess or no longer necessary for city use and declared surplus. The Council reserves the right to deviate from this process when in the opinion of the Council it is in the best interests of the City. Common Council Actions Required: The Common Council makes all final determinations related to Land Acquisition and Sales transactions for these types of property,including but not limited to determinations to acquire property,determinations whether property is surplus, and accepting offers for purchase. Land Acquisition. City Departments identify the need for a project requiring land acquisition and budget for such acquisition in the City Capital Improvements Plan (CIP). The Common Council approves the Capital Project, budget, and land acquisition for a City project. The City Department implements the land acquisition and constructs the project as approved by the Common Council. Recommendation of Surplus Property. City Departments shall at the completion of a project for land acquired for projects and at least annually for all real property under their Department control review and determine if any property is surplus and could be sold. The determination whether property is surplus should be based on all relevant information and consider —the potential for future needs by any City Department or Division, Redevelopment or other City Plans, environmental assessment and remediation needs, and potential combination with other parcels in the future. The City Department may also consider whether the land should be made available to another City, County or State department or entity. DRAFT Common Council determines if the land should be retained by the City or sold. The Council shall review all property recommended for consideration as surplus by Departments and may consider all relevant information including but not limited to: the City's Comprehensive Plan, the City's CIP and Facilities Plans, Environmental assessment and remediation needs of the property proposed to be acquired and developed, and potential expansion prospects with other parcels in the future. The Common Council may determine that land should be banked until a future date or may determine that the land should be made available for sale or disposition to a State, County or other entity. If the land is made available for sale, then the following general process shall apply. Marketing for selling the land. Proposals Process A Request for Proposals (RFP) or Response to Development Proposal may be developed. Staff would develop the elements of an RFP requesting proposals including the existing land conditions, the City's future plans, potential costs of redevelopment, and desired redevelopment goals, including tax base and employment. Review of Proposals. Council will approve responses to Development Proposals. The Common Council determines which Request for Proposals, if any, proposal is accepted. The City Council may meet in closed session when needed. The Common Council selects the Proposal best judged to meet the City's goals or may reject all proposals and reevaluate options related to the property or seek new or additional proposals. Staff draft closing documents as needed to discuss terms and bargaining strategy or for other purposes permitted by Wisconsin Statutes. General Marketing - Staff shall place a "for sale" sign on the land. Staff shall list the available land on free or low-cost websites. Other economic development entities such as GOEDC and WEDC shall be alerted to the availability of the land. If the location or other characteristics of the property make it of interest or use to a limited market, such as an adjoining property owner or GO-HNI or other similar organization, staff may approach such person/organization(s) for the purpose of determining their interest in the property and proceed on that basis. DRAFT Review of Offers. The City will review offers received based on signs, websites, and other common means on a first-come,first-served basis.The Common Council may grant Options on land or accept an Offer to Purchase on land when in the sole discretion of the Council it is in the best interests of the City to do so. The Plan Commission considers the land disposition. The Plan Commission reviews the proposed land disposal and makes a land disposition recommendation to the City Council. Factors the Plan Commission considers include but are not limited to: the City's Comprehensive Plan, special area plans, Redevelopment Plans, Utility and Public Works Plans and other City needs. Common Council takes action on the proposed land disposition. Public Notice: Plan Commission and Common Council agendas, packets and minutes are posted to the City's website. Closed sessions are noticed as required by Wisconsin State Statutes. ITEM # 19 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 19 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 20 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM City of Oshkosh 10/8/2019 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 11/26/2019 Study to begin this month. 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 implemented.Fire Study discussed with Council at 11/12/2019 September 24 workshop. 1st phase of recommendations will be part of 2020 budget enhancement requests. Construction of Koeller St.and Westfield extensions are complete.Lane extension for Koeller St.roundabout is 2/1/2018 Comm Dev/DPW Oshkosh Corp Global HQ 11/26/2019 also complete.Construction for Riverwalk is underway. Soil conditions causing a delay in completion. Reviewing options discussed at 9/11/18 workshop. Staff Community visited Lacrosse re Housing Incentive programs. Council consideration expected 9/11/2018 Housing Stock Inventory 11/20/2019 Development Recommendations to Council on changes to incentive in November. programs has been forwarded to Council. Dashboard is"live".Link to KPI's is available on city 12/11/2018 Admin Services KPIs for Departments 10/22/2019 website.3rd Quarter report will be out in October. City will assist OASD in creating video pieces on mental Joint Council/OASD workshop on health topics for viewing on OCM and social media on an 10/15/19 3/20/2019 CM/OASD Supt Youth Mental Health 10/22/2019 as needed basis.Follow up after the joint workshop on 10/15/19. Workshop on land acquisition and disposition held on Community August 13.Staff is developing a formal policy based on Will be removed from list after 8/13/2019 Land Acquisition and Disposition 10/8/2019 Development workshop discussion. Policy scheduled for Council Council approval. consideration and approval on October 8. print date: 10/4/2019 City of Oshkosh TO: Honorable Mayor & Members of the Common Council Mark Rohloff, City Manager FROM: Allen Davis, Community Development Director DATE: October 1, 2019 RE: Oshkosh Corporation Global Headquarters Construction, Public Improvements, Tax Increment Finance Plan, Timeline Public Improvements The construction on the North Koeller south-bound turn lane north of the roundabout was completed by October 1, 2019. The developer submitted the CSM for dedicating the additional 10' of right-of-way on the east side of North Koeller. The City Council approved the CSM at the September 24, 2019 meeting. 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 riverwalk contractor has removed the contaminated and poor soils and disposed of them properly. With the wet September and October weather, the current plan is to pave the riverwalk from Punhoqua, west past Oshkosh Corp Headquarters to the first bridge, by the middle of October. One bridge is in fabrication and the other bridge is in design. The bridges will not be installed until late in 2019. The final pavement between the bridges will not be installed until both bridges are installed, which will likely result in final paving in the spring of 2020, due to asphalt plants closing prior to Thanksgiving. 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. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 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. The Casey's at the corner of Westfield and Oshkosh Ave. is open and the Bank First National building between Oshkosh Ave. and Koeller Street in nearing completion. 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. Oshkosh Corporation has requested the City use the riverwalk contractor for the construction of their trail connection from their building to the Lakeshore Riverwalk. Oshkosh Corporation will reimburse the City for the additional cost. Timeline Building construction is nearing completion. The lead time for Final inspections and testing are in process. Inspection staff are working with Oshkosh Corporation's contractor, subcontractors, and architect to ensure all final inspections are completed in order to obtain an Occupancy Permit in October. City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Alexa Naudziunas Associate Planner DATE: October 1, 2019 RE: Recognition of Midtown Neighborhood Association The subject neighborhood association held a general membership meeting on Saturday, September 28, 2019. Attendees voted on neighborhood boundaries, a neighborhood name, and adopted organizational by-laws, in accordance with the City's Neighborhood Recognition Policy. The Midtown Neighborhood Association's (MNA)boundaries are as follows: New York Avenue to the north,Irving Avenue to the south, railroad tracks to the east and North Main Street to the west. A map of MNA's boundaries is attached for your reference. Upon the creation of MNA, the number of recognized neighborhood associations in Oshkosh is now 18. City recognition will allow MNA to access funding through the Community Building & Engagement Program administered by Greater Oshkosh Healthy Neighborhoods, Inc. (GO-HNI) to support neighborhood events, projects, and activities. In addition, MNA will be eligible to apply for City's Great Neighborhoods funding to support capital improvements in their neighborhood and property owners will be eligible to apply for financial housing incentive programs available to City of Oshkosh recognized neighborhood associations. Please advise me if you have any questions concerning the Midtown Neighborhood Association. Respectfully Submitted, Approved: a9/QAM Alexa Naudziunas Mark A. Rohloff Associate Planner City Manager City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ■■�01� ► MIN ®oe©a ROME Iuu■■ LONES1 11 N■■©M Ll MEND ® 11MINN o _ Elm gel . . -- - -- G4 ■ 1�1 6e �e ® ®■ 1nWoILL7 ■ - ,�i NOUN IFMM � - ®1'■ a -' . . rim SHE ` =■■ I DI. �®- ©r�nr�o�■■ moms MIN ONEOSHeKOSIH )OUR NEIGHBORHOODS E NEIGHBORHOOD ASSOCIATION RECOGNITION CHECKLIST Neighborhood Association Name: [� Notify Planning Services staff of intent to seek recognition Notify, in writing, all neighbors of the opportunity to vote on becoming a recognized neighborhood ,association Prepare a set of bylaws that include the following information: (� Name of the neighborhood association (� Mission/Purpose statement of the association Description of the neighborhood boundaries ©' A statement explaining the neighborhood association is voluntary and that neighbors will not be required to participate or join L�A statement that the neighborhood association will be open to all people living in or owning or representing property within the neighborhood boundary C Procedures for election and removal of leadership Method for determining how votes are taken and recorded at annual meetings Method of changing or amending bylaws Submit a record of affirmative vote, copy of neighborhood association bylaws, and supporting materials to Planning Services staff Names and contact information for two main neighborhood association representatives ) 7�� /old vac i G�c.�st G &/"d 5`"1"4a-'VS t.-, s10- ".�-�/', _ e.-.t Era til .� Upon receipt of the regdred ma�erials, Planning Services staff will review the documents and notify, in writing,the neighborhood association leadership and City Council of his or her decision with regard to recognition within three (3)weeks. Recommended by: /�� --- Date: GO-HNI 1�� Nc �� 61-1 / Approved by: Date: City of Oshkosh Midtown Organizing Meeting Notes Saturday, September 28, 2019 11:00 — Noon St. John's Church Auditorium Welcome from Oshkosh Healthy Neighborhoods (GO-HNI), Pam Ruder. A presentation covering the benefits of a Neighborhood Association in Oshkosh was given and a discussion about what a neighborhood association is and isn't followed. The core group members were introduced and thanked for their efforts to get things started. Attendees were asked to sign-in and identify their location on the large map with a sticker. The Neighborhood boundaries, as shown on the large map, were approved by a unanimous vote. The Neighborhood Association Agreement was approved by a unanimous vote. (Attached) The neighborhood name was voted on in stages from the following: o Neighborhood Association Name—could vote for two • Farmstead • McCombs Pride • Sterling East • Rocket Corner • Midtown o Top two were determined—could vote for one • Rocket Corner • Midtown o Midtown was voted as the official neighborhood association name. The general membership annual meeting of the Midtown Neighborhood Association is scheduled for Saturday, November 2nd at 10:00am at the St. John's Church Auditorium. An agenda/invite will be developed including the following: o Core team will be approved at the annual meeting: o Communication channels will be established at the annual meeting Neighborhood email: Neighborhood Facebook page: o Social and/or other teams will be discussed at the annual meeting—invite should suggest that if you have ideas you want to see implemented please bring suggestions to the annual meeting. OSHKOSH 4 HEALTHY F. NEIGHBORHOODS Midtown Neighborhood Agreement Approved: 9/28/2019 Name: The name shall be the Midtown Neighborhood Association Vision: Midtown Neighborhood Association strives to strengthen our community, make our neighborhood a safer place to live, beautify our already beautiful neighborhood, and acquire and maintain a green space for the community to enjoy. Mission: Midtown Neighborhood Association brings neighborhood residents together to get to know one another, create community and build upon existing assets, develop a collective voice to represent the desires of its membership, and collaborate with neighbors and other Oshkosh stakeholders to address issues and opportunities related to.local quality of life. Boundaries: The Association's boundaries are: North: New York Street; South: Irving Street; East: Railroad Tracks; West: Main Street (view map) Association Membership: Membership in the Midtown Neighborhood Association is open to all persons,16 years of age and older, residing in or owning a property or business or representative(s) of business within the Midtown Neighborhood Association boundaries. Membership is strictly voluntary; no neighbor will be required to participate. Midtown Neighborhood Association membership is open to all those who reside in the area or have a business interest in the area to include schools, churches and other non- profit organizations [herein referred to as "residents"]. Unless invited by the steering committee, members of the public who are not residents within the neighborhood association boundaries will be considered observers only. There are no fees to be a member of Midtown Neighborhood Association. Each member shall be entitled to one vote. Decisions are made by majority rule of those present. An annual meeting or General Membership meeting shall be held once a year. The steering committee members determine the time and place of these meetings and provide advance notice to members as a reminder. Other meetings may be held with advance notice provided to all members. *Oshkosh Civility Project principles will be utilized during all meetings (oshkoshcivilityproject.com). Leadership: Midtown Neighborhood Association is led by a steering committee of ideally nine (9) members. All members of the steering committee must be a resident (owning or renting), property, business owner or business representative, or a representative of a school, church, or other non-profit within the neighborhood boundaries and are elected to serve a one-year term. In the case of a steering committee member vacancy, the remaining members of the steering committee are authorized to recruit and replace the committee member. Oshkosh Healthy Neighborhoods Alliance (OHNA) is made up of leadership from all neighborhood associations and meets monthly every third Tuesday from January through October. At least one neighborhood association member(s) should represent Midtown Neighborhood Association at the OHNA meetings. Communications: Effective communication is valued by the Midtown Neighborhood Association to build trust and relationships. In efforts to be transparent and clear about expectations and opportunities the steering committee will communicate with members in multiple formats (mail, face-to-face, and online). Meeting minutes will be posted publicly after approval from the steering committee and shared on the maintained channels: Facebook page: TBD Website: TBD Bitly (for sharing website on print): TBD Community Building and Engagement Funds: Greater Oshkosh Healthy Neighborhoods, Inc (GO-HNI) has funds to be used for neighborhood associations to encourage connectedness in the neighborhoods. To use funds, pass a vote on projects and/or events and submit a Community Building and Engagement Application for consideration. Once approved by GO-HNI staff, neighborhood associations are able to purchase items for stated project/event. After projecVevent submit receipts and documentation to receive reimbursement for expenses. GO-HNI has a State of Wisconsin Raffle License that can be used for fundraising efforts by submitting a Raffle License Application and be approved by GO-HNI staff. Documentation will be needed for the use of Raffle License by State guidelines. Policy Statement of Diversity and Inclusion: The Midtown Neighborhood Association values the uniqueness of the individual, the power of the collective good and the importance of communities. We promote a climate that welcomes, understands and respects the diversity of our neighbors, staff, clients, community partners. Dimensions of diversity include, but are not limited to age, race, ethnicity, national origin, religious beliefs, gender identity, or any other characteristic protected by law. Dissolution: The Midtown Neighborhood Association shall dissolve if and only if the Midtown Neighborhood Association has attempted to remain active through the 2 guidance of Greater Oshkosh Healthy Neighborhoods, Inc or the City. If Midtown Neighborhood Association decides to dissolve the Midtown Neighborhood Association must provide documentation of vote to Oshkosh Healthy Neighborhoods and the City. All remaining funding will be returned to Greater Oshkosh Healthy Neighborhoods, Inc. Amendment of Agreement: The power to alter, amend or repeal the Agreement or adopt new Agreement shall be vested in the members. Such action shall be taken at an Annual Membership meeting, or a meeting called for that purpose by a simple majority vote. The Agreement may contain any provision for regulation and management of the affairs of the Midtown Neighborhood Association consistent with the law. Written advance notice (minimum of two-weeks) shall be given for any proposed change to the Agreement. 3 ITEM # 23 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 24 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 25 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM ITEM # 26 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM