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HomeMy WebLinkAbout01.10.23 FULL AGENDAIf anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@ci.oshkosh.wi.us, or phone 920-236-5002. To send written correspondence to Council, mail to the City Manager, or place in City Hall Dropbox, or email to council@ci.oshkosh.wi.us, (prior to the Council meeting).  REVISED OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN January 10, 2023 A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Mugerauer B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE Lourdes Academy E. INTRODUCTION OF STAFF Nicole Krahn, Chief Building Official F. PRESENTATIONS Discover Oshkosh – Amy Albright, CVB WPS Street Light/Utility Pole Replacement – Jim Collins, Transportation Director 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) 1. Report of Bills by the Finance Director 2. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 12.13.22 3. Receipt & Filing of Meeting Minutes – Library Board Meeting 11.17.22 4. Receipt & Filing of Meeting Minutes – Museum Board Meeting 12.01.22 OSHKOSH COMMON COUNCIL – January 10, 2023 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. H. CONSENT AGENDA ITEMS continued 5. Res 23-01 Adopt Wastewater Utility 2042 Facilities Plan 6. Res 23-02 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for 2023 Water Utility Technical Services ($124,810.00) 7. Res 23-03 Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract 20-02 Southwest Industrial Park / Clairville Road – Construction / Vinton Construction Company Inc. (+$47,413.10) 8. Res 23-04 Approve Agreement with Waste Management of Wisconsin, Inc. for Disposal of Contaminated Soil from Various Projects in the 2023 – 2025 Capital Improvement Program (estimated $3,878,500)  9. Res 23-05 Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract 22-06 Concrete Sidewalk (New and Rehabilitation) / Fischer- Ulman Construction, Inc. (+$4,718.76)  10. Res 23-06 Approve Inter-Agency Agreement between Winnebago County and City Of Oshkosh for Type II Hazardous Material (Hazmat) Response Services For 2023 11. Res 23-07 Approve Amendment to Purchase Agreement with T. Wall Enterprises Development, LLC for Redevelopment of the Property Located at 43 East 7th Avenue  12. Res 23-08 Award Bid to Airgas USA, LLC for 2023 Liquid Oxygen for the Water Filtration Plant ($93,600.00) 13. Res 23-09 Award Bid to Custom Restoration Inc. for Water Intrusion Remediation for Water Distribution Center ($12,350.00) 14. Res 23-10 Approve Purchase of 2023 Water Meters and Transmitters from Core and Main for Water Utility Division ($808,320.00)  15. Res 23-11 Approve Special Event – Otter Street Fishing Club to utilize Menominee Park & Millers Bay for the Otter Street Winter Fisheree & Pond Hockey event February 1 – 5, 2023 16. Res 23-12 Approve Special Event – UW Oshkosh Recreation & Wellness Center to utilize Riverwalk & City streets for the UW Oshkosh Shamrock Shuffle 5K Run-Walk March 11, 2023 17. Res 23-13 Approve Special Event – Otter Street Fishing Club to utilize Menominee Park Millers Bay, gazebo area and cruiser docks for the Otter Street Walleye Tournament June 16-18, 2023 18. Res 23-14 Approve Special Event – Otter Street Fishing Club to utilize Menominee Park & Ames Point for the Otter Street Kids Fisheree August 12, 2023 19. Res 23-15 Approve Special Event – Wisconsin Waterfowl Association to hold the Waterfowl Hunters Expo at Sunnyview Exposition Center August 26, 2023 20. Res 23-16 Approve Special Event – Alzheimer’s Association to utilize Menominee Park for the Walk to End Alzheimer’s event September 23, 2023 OSHKOSH COMMON COUNCIL – January 10, 2023 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. H. CONSENT AGENDA ITEMS continued 21. Res 23-17 Appointment to various Boards and Commissions 22. Res 23-18 Approve Designation for Polling Site District 7 23. Res 23-19 Approve Agent Change for Combination “Class A” License, Combination “Class B” License, Special Class “B” License & Operator Licenses I. ITEMS REMOVED FROM CONSENT AGENDA J. NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) * 24. Ord 23-20 Adopt Parking Lot Maps in the Recently Reconstructed 300 East Parking Lot 25. Ord 23-21 Ratification of Declaration of Emergency for the City of Oshkosh Issued by the City Manager on December 20, 2022 in Response to Temporary Closure of Day By Day Warming Shelter and Declaration of End of Emergency (Staff Recommends Waiving Second Reading) K. PENDING ORDINANCE  26. Ord 23-22 Approve Official Map Amendment for the Deletion of the Campbell Creek Storm Drainage Detention Area Generally Located at the Southwest Corner of West 9th Avenue and South Washburn Street (Plan Commission Recommends Approval) L. PENDING RESOLUTIONS  27. Res 23-23 Approve Conditional Use Permit for Expansion of an Institutional Residential Use and a Group Development at 851 County Road Y (Plan Commission Recommends Approval)  28. Res 23-24 Approve 2023 Storm Water Utility Rate ($19.81 / ERU / Month) M. NEW RESOLUTIONS 29. Res 23-25 Approve City Manager Performance Evaluation For 2022 N. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 30. Future Agenda Items: TBD - Closed Session / Negotiate Development Agreement for City Center 31. Future Workshops: O. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 32. Report of Council Liaison for Boards & Commissions OSHKOSH COMMON COUNCIL – January 10, 2023 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. P. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 33. Professional Services Agreement with Strand Associates, Inc. for Construction-Related Engineering Services for Bradley Street Culvert Replacement ($75,000.00) 34. Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2023 Capital Improvement Projects ($60,000.00) 35. Cooperative Purchase of Ford F350 4WD Pickup for Mechanics Division ($38,357.00) 36. Outstanding Issues Q. ADJOURN  Indicates Revision WE COME TOGETHER THIS EVENING TO DISCUSS THE ISSUES THAT CONFRONT OUR CITY. MAY WE ALWAYS SEEK THE WISDOM TO DO THINGS THAT REFLECT OUR CONCERN FOR THE PEOPLE WHOM WE REPRESENT. WE COME TOGETHER THIS EVENING TO DISCUSS THE ISSUES THAT CONFRONT OUR CITY. MAY WE ALWAYS SEEK THE WISDOM TO DO THINGS THAT REFLECT OUR CONCERN FOR THE PEOPLE WHOM WE REPRESENT.   2 (Estimated combined total)     3 Cement pole w/coach fixture    4Wood pole with black arm 5 Fiberglass pole with cobra style fixture 6 Fiberglass pole with post top style fixture 10-year Annual cost: $5,349.85 per light 7 Increase street lighting utility budget Example: San-Diego, CA Districts are developed and if vast majority of residents agree on style (70%) – only that District absorbs the extra expense Neighborhood or another group petitions to upgrade street lighting and pay for installation and on-going maintenance fees   8 Black Fiberglass Pole w/Cobra Style Fixture Current pole with deterioration Replacement pole 9 City pays for installation of WPS decorative black street light and utility pole on major corridors and on-going replacement fees (approximate up front cost: $2,000/pole) WPS installs wood poles in non-corridor areas Neighborhood creates a “street lighting district” for installation and on-going replacement fees to opt for decorative style post and fixture Switch to city owned streetlight and install aluminum or steel pole if the following criteria is met: New road construction project Minimum of 5 street lights are planned for the area Makes aesthetics sense with neighboring streets Funding is available in budget 10 Questions & Answers Why doesn’t the city use wood poles like WPS? The City has limited large equipment to install a wood pole that requires a 4’ deep hole (especially during winter months). It was determined a cement base is more cost effective and less labor intensive. Why does WPS use fiberglass poles but the City uses aluminum or steel poles? The City needs to consider many factors when determining what pole type with each project. Often a steel pole is required to handle the weight requirements of additional fixtures that will be mounted on the pole. The City owned poles also need to meet a specific crash rating. What happens if a WPS pole is damaged? A bill is generated to invoice the responsible party. If that information is not available, WPS contacts the City to cover the repair or replacement expense. If a neighborhood opts to pay for the upgraded lighting, what happens when the resident sells their home and the new owner requests a wood pole instead? This scenario will need to be clearly defined in the neighborhood agreement as it is not feasible to have mixed poles along the same street. 11 Contact Information: Jim Collins Dan Kussmann 920-232-5342 920-232-5350 jcollins@ci.Oshkosh.wi.us dkussmann@ci.Oshkosh.wi.us CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6162 12/16/2022 AECOM INC 13,700.00 6163 12/16/2022 AIRGAS USA LLC 6,405.43 6164 12/16/2022 AURORA HEALTH CARE 370.00 6165 12/16/2022 CASEY M CANADY 35.63 6166 12/16/2022 CENTURYLINK 37.06 6167 12/16/2022 CINTAS CORPORATION 223.06 6168 12/16/2022 CONSTELLATION ENERGY SERVICES 763.76 6169 12/16/2022 CORE AND MAIN LP 9,750.00 6170 12/16/2022 DORNER INC 67,307.26 6171 12/16/2022 COMPLETE OFFICE OF WISCONSIN INC 11,881.00 6172 12/16/2022 EVOQUA WATER TECHNOLOGIES LLC 7,088.24 6173 12/16/2022 FERGUSON WATERWORKS #1476 18,987.00 6174 12/16/2022 FIRE APPARATUS & EQUIPMENT INC 173.58 6175 12/16/2022 FRANK'S RADIO SERVICE INC 10,410.61 6176 12/16/2022 GARROW OIL MARKETING INC 26,766.93 6177 12/16/2022 GODFREY AND KAHN SC 31,205.00 6178 12/16/2022 JUSTIFACTS CVS INC 788.25 6179 12/16/2022 KEMIRA WATER SOLUTIONS INC 7,186.53 6180 12/16/2022 KOBUSSEN BUSES LTD 16,140.65 6181 12/16/2022 KWIK TRIP INC 2,348.34 6182 12/16/2022 MACQUEEN EQUIPMENT, LLC 220.00 6183 12/16/2022 MCC INC 627.75 6184 12/16/2022 MCMAHON ASSOCIATES INC 5,939.00 6185 12/16/2022 M10 INC 1,735.64 6186 12/16/2022 MONROE TRUCK EQUIPMENT 3,356.14 6187 12/16/2022 NORTHEAST ASPHALT INC 24,444.21 6188 12/16/2022 OSHKOSH CITY CAB CO INC 96,810.00 6189 12/16/2022 OSHKOSH CONVENTION AND 104,893.07 6190 12/16/2022 PRIMADATA LLC 11,773.05 6191 12/16/2022 PSYCHOLOGIE CLINIQUE SC 540.00 6192 12/16/2022 RENNING LEWIS AND LACY SC 7,436.00 6193 12/16/2022 ROGAN'S SHOES 378.25 6194 12/16/2022 SECURIAN FINANCIAL GROUP INC 21,809.45 6195 12/16/2022 TAPCO INC 95,894.61 6196 12/16/2022 TYLER TECHNOLOGIES INC 33,615.63 6197 12/16/2022 ON TIME EMBROIDERY INC 1,404.00 6198 12/16/2022 VALLEY VNA HEALTH SYSTEMS INC 2,040.00 6199 12/16/2022 VINTON CONSTRUCTION INC 80,626.47 6200 12/16/2022 WI PUBLIC SERVICE CORP 175,078.91 6202 12/16/2022 WINNEBAGO COUNTY TREASURER 219.60 6203 12/16/2022 WINNEBAGO COUNTY TREASURER 16.60 501707 12/16/2022 FLANIGAN FAMILY SERVICES LLC 2,300.00 501708 12/16/2022 AL DIX CONCRETE 1,073.63 501709 12/16/2022 ANDREW J PRICKETT 25.63 501710 12/16/2022 ASSESSMENT TECHNOLOGIES OF WISCONSIN LLC 330.00 501711 12/16/2022 AT & T 2,639.03 501712 12/16/2022 AT & T 524.82 501713 12/16/2022 CEMAN LAW OFFICE LLC 3,220.50 501714 12/16/2022 CHEMART CO 2,559.02 501715 12/16/2022 DAVE MONTALBANO 164.34 501716 12/16/2022 DIGGERS HOTLINE INC 1,372.80 501717 12/16/2022 E C W P I A 25.00 501718 12/16/2022 EXPERT TOWING & RECOVERY 72.75 501719 12/16/2022 GENERAL BEER NORTHEAST INC 2,440.60 501720 12/16/2022 GIZMO OSHKOSH LLC 14,414.91 501721 12/16/2022 GRUESCH PROPERTIES LLC 23.15 501722 12/16/2022 GUARANTY TITLE SERVICES INC 227.08 501723 12/16/2022 HAMMEN LEASING LLC 36.83 501724 12/16/2022 HEATHER BRICKHAM 99.95 501725 12/16/2022 IMAGETREND INC 848.72 501726 12/16/2022 JODI ST CHARLES 24.38 501727 12/16/2022 JOE'S POWER CENTER INC 358.83 501728 12/16/2022 A. KALMERTON WELDING SUPPLIES 360.55 501729 12/16/2022 KATHERINE J MANN 76.68 501730 12/16/2022 KEIL ENTERPRISES 249.00 501731 12/16/2022 KLINK EQUIPMENT 650.00 501732 12/16/2022 LAURA SCHOEPKE 31.09 501733 12/16/2022 MARK A ROHLOFF 111.50 501734 12/16/2022 MATTHEW JOHNSON 84.00 501735 12/16/2022 MD'S REMODELING & HOME IMPROVEMENT LLC 58.40 501736 12/16/2022 ASCENSION WISCONSIN 68.00 501737 12/16/2022 NEISES DAVID OR CHARLOTTE 447.87 501738 12/16/2022 NORTHERN TELEPHONE &DATA CORP 195.50 501739 12/16/2022 OMNI GLASS & PAINT INC 2,450.00 501740 12/16/2022 Andrea O'Brien 115.50 501741 12/16/2022 PRP Properties LLC 1,750.00 501742 12/16/2022 OSHKOSH AREA SCHOOL DISTRICT 4,671.48 501743 12/16/2022 CITY OF OSHKOSH 490.00 501744 12/16/2022 OSHKOSH HERALD LLC 541.28 501745 12/16/2022 DUNCAN SOLUTIONS LLC 7,632.90 501746 12/16/2022 RADDATZ FARM LLC 1,055.00 501747 12/16/2022 RYAN BUSCHING 118.13 501748 12/16/2022 SALZER SIDING INC 22,740.00 501749 12/16/2022 SCHMITT TITLE LLC 35.80 501750 12/16/2022 SMA CONSTRUCTION SERVICES LLC 948,935.05 501751 12/16/2022 TDS 38.16 501752 12/16/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 84.03 501753 12/16/2022 UNITED MAILING SERVICE INC 917.37 501754 12/16/2022 UNITED PARCEL SERVICE 141.07 501755 12/16/2022 US OILCHEK 16.00 501756 12/16/2022 VERIZON WIRELESS 11,639.81 501757 12/16/2022 WI DEPT OF AGRICULTURE 816.00 501758 12/16/2022 WI DEPT OF SAFETY & PRO SVCS 55.00 1,939,783.85 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6214 12/23/2022 AECOM INC 12,878.25 6215 12/23/2022 AIRGAS USA LLC 2,697.25 6216 12/23/2022 BADGER LAB & ENGINEERNG CO INC 6,244.00 6217 12/23/2022 BROOKS TRACTOR INC 1,428.92 6218 12/23/2022 CHEMTRADE CHEMICALS US LLC 3,967.04 6219 12/23/2022 CINTAS CORPORATION 252.95 6220 12/23/2022 CONSTELLATION ENERGY SERVICES 7,470.25 6221 12/23/2022 CORE AND MAIN LP 19,800.00 6224 12/23/2022 CUMMINS INC 614.04 6225 12/23/2022 DORNER INC 125,295.17 6226 12/23/2022 EDEN EQUIPMENT COMPANY 1,232.35 6227 12/23/2022 COMPLETE OFFICE OF WISCONSIN INC 659.12 6228 12/23/2022 ENTRANCE TECHNOLOGIES 1, LLC 309.87 6229 12/23/2022 FERGUSON WATERWORKS #1476 1,632.00 6230 12/23/2022 FIRE APPARATUS & EQUIPMENT INC 7,069.05 6231 12/23/2022 GALLAGHER BENEFIT SERVICES INC 12,000.00 6232 12/23/2022 GFL ENVIRONMENTAL 91.46 6233 12/23/2022 GODFREY AND KAHN SC 24,031.50 6234 12/23/2022 GREATER OSHKOSH ECONOMIC DEVELOPMENT CORPORATION 840.54 6235 12/23/2022 HEALICS WELLNESS INC 514.00 6236 12/23/2022 HYDRITE CHEMICAL CO 5,890.21 6237 12/23/2022 KEMIRA WATER SOLUTIONS INC 14,177.60 6238 12/23/2022 L AND S TRUCK CENTER OF APPLETON INC 166.80 6239 12/23/2022 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 20,013.47 6240 12/23/2022 MACCO'S COMMERCIAL INTERIORS 1,811.00 6241 12/23/2022 MECHANICAL TECHNOLOGIES INC 2,564.40 6242 12/23/2022 JENNIFER L MESSERSCHMIDT 493.68 6243 12/23/2022 M10 INC 8,487.63 6244 12/23/2022 NEW FLYER OF AMERICA INC 1,584,548.44 6245 12/23/2022 NORTHERN LAKE SERVICE INC 211.89 6246 12/23/2022 OSHKOSH CONVENTION AND 51.58 6248 12/23/2022 POESCHL PRINTING COMPANY INC 96.00 6249 12/23/2022 PREMISE HEALTH SYSTEMS INC 36,439.68 6250 12/23/2022 PRIMADATA LLC 8,555.38 6251 12/23/2022 QUALITY TRUCK CARE CENTER INC 235.64 6252 12/23/2022 REINDERS INC 973.37 6253 12/23/2022 RNOW INC 3,471.09 6254 12/23/2022 ROGAN'S SHOES 1,756.70 6255 12/23/2022 RUCINSKYS PAINT AND DECORATING LLC 800.00 6256 12/23/2022 STRAND ASSOCIATES INC 12,207.41 6257 12/23/2022 ON TIME EMBROIDERY INC 1,302.00 6258 12/23/2022 VORPAHL INC 2,395.58 6259 12/23/2022 WI PUBLIC SERVICE CORP 29,733.03 6260 12/23/2022 WINNEBAGO COUNTY TREASURER 61,208.50 501779 12/23/2022 COTTINGHAM AND BUTLER INSURANCE SERVICES INC 12,096.00 501780 12/23/2022 IMAGE 360 INC 160.00 501781 12/23/2022 DANIEL BROSMAN 300.00 501782 12/23/2022 ADAM KRAUSE 14.38 501783 12/23/2022 ALEXANDER CHEMICAL CORPORATION 12,417.40 501784 12/23/2022 ALEXANDER CHEMICAL CORPORATION 12,417.40 501785 12/23/2022 AMERICAN LEGAL PUBLISHING CORP 155.00 501786 12/23/2022 BERGSTROM AUBURN HILLS OF OSHKOSH INC 277.97 501787 12/23/2022 BERGSTROM FORD LINCOLN 87.73 501788 12/23/2022 BOB GRIFFIN CARPENTRY LLC 18,400.00 501789 12/23/2022 BOYS & GIRLS CLUB OF OSHKOSH INC 5,000.00 501790 12/23/2022 BRETT ROBERTSON 36.10 501791 12/23/2022 BURKE TRUCK & EQUIPMENT CO 11,967.40 501792 12/23/2022 CAPTURIS 197.04 501793 12/23/2022 DONOHUE & ASSOCIATES INC 1,973.13 501794 12/23/2022 EATON CORPORATION 6,587.25 501795 12/23/2022 EHLERS 10,337.50 501796 12/23/2022 EXPERT TOWING & RECOVERY 64.00 501797 12/23/2022 EZ GLIDE GARAGE DOORS & OPENER 165.00 501798 12/23/2022 FOX VALLEY TRUCK 2,467.69 501799 12/23/2022 GABERT PROPERTIES / AAA STORAGE 32.64 501800 12/23/2022 GRAINGER INC 248.52 501801 12/23/2022 GRUESCH PROPERTIES LLC 11.81 501802 12/23/2022 GUARANTY TITLE SERVICES INC 158.55 501803 12/23/2022 INTERNATIONAL ECONOMIC DEVELOPMENT COUNCIL 200.00 501804 12/23/2022 JACOB DEDERING 57.50 501805 12/23/2022 JASON ELLIS 26.25 501806 12/23/2022 JEMAZA PROPERTIES LLC 48.08 501807 12/23/2022 JAMES R KOEPNICK 750.00 501808 12/23/2022 KITZ AND PFEIL INC 38.28 501809 12/23/2022 KLINK EQUIPMENT 452.00 501810 12/23/2022 KNIGHT BARRY TITLE SERVICES LLC 27.00 501811 12/23/2022 MORTON SAFETY LLC 282.15 501812 12/23/2022 FOX WOLF WATERSHED ALLIANCE INC 3,750.00 501813 12/23/2022 1028 Ceape Avenue LLC 2,000.00 501814 12/23/2022 Clark Family Irrev Trust 2,000.00 501815 12/23/2022 Lea Ann Rivera and ACME Trenchless Utilities, Inc.4,200.00 501816 12/23/2022 Robert/Mariaeve Rucinski 1,891.31 501817 12/23/2022 RUSSELL STEINIKE 40.00 501818 12/23/2022 Sue F. Britton Living Trust 2,000.00 501819 12/23/2022 Thomas R. Werblow 2,000.00 501820 12/23/2022 Water Cities Soccer Club 250.00 501821 12/23/2022 OSHKOSH AREA COMMUNITY FNDTN 13,134.00 501822 12/23/2022 PARK 'N PRINT INC 89.75 501823 12/23/2022 PERSONNEL EVALUATION INC 100.00 501824 12/23/2022 POMP'S TIRE SERVICES INC 3,212.60 501825 12/23/2022 REDISHRED ACQUISITION INC 1,560.00 501826 12/23/2022 PUBLIC SERVICE COMMISSION OF WI 3,857.25 501827 12/23/2022 RAYS SANITATION LLC 150.00 501828 12/23/2022 SERWE IMPLEMENT CO INC 3,806.79 501829 12/23/2022 SEW DIVINE 24.00 501830 12/23/2022 SPHATT COREY OR TRACY 92.10 501831 12/23/2022 STREICHER'S 4,955.40 501832 12/23/2022 THE AUTO AUTHORITY LLC 99.95 501833 12/23/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 89.70 501834 12/23/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 7.44 501835 12/23/2022 THOMSON REUTERS - WEST 362.79 501836 12/23/2022 UNITED PARCEL SERVICE 127.72 501837 12/23/2022 US BANK TRUST - FEE DEPT ST PAUL 500.00 501838 12/23/2022 WI DEPT OF AGRICULTURE TRADE CONSUMER PROTECTION 50.00 501839 12/23/2022 WI DEPT OF TRANSPORTATION 1,640.21 501840 12/23/2022 GANNETT WISCONSIN MEDIA 758.75 501841 12/23/2022 XYLEM WATER SOLUTIONS USA INC 1,914.00 2,178,736.37 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6261 12/30/2022 AIRGAS USA LLC 3,079.76 6262 12/30/2022 AURORA HEALTH CARE 1,307.00 6263 12/30/2022 BLOCK IRON AND SUPPLY CO 1,276.00 6264 12/30/2022 CHEMTRADE CHEMICALS US LLC 3,970.91 6265 12/30/2022 CINTAS CORPORATION 303.71 6266 12/30/2022 CLAREY'S SAFETY EQUIPMENT 1,837.98 6267 12/30/2022 CONSTELLATION ENERGY SERVICES 12,613.67 6268 12/30/2022 DALE MARTIN 345.00 6269 12/30/2022 ENERGY CONTROL AND DESIGN INC 136.50 6270 12/30/2022 EWALDS HARTFORD FORD LLC 38,072.00 6271 12/30/2022 FACILITY ENGINEERING INC 1,336.25 6272 12/30/2022 FIRELINE SPRINKLER CORPORATION 337.00 6273 12/30/2022 GARROW OIL MARKETING INC 46,595.33 6274 12/30/2022 GFL ENVIRONMENTAL 89.29 6275 12/30/2022 GODFREY AND KAHN SC 20,948.00 6276 12/30/2022 HEALICS WELLNESS INC 163.00 6277 12/30/2022 JFTCO INC 12,855.00 6278 12/30/2022 KEMIRA WATER SOLUTIONS INC 6,785.99 6279 12/30/2022 MACQUEEN EQUIPMENT, LLC 1,153.00 6280 12/30/2022 NORTHERN LAKE SERVICE INC 1,677.73 6282 12/30/2022 STATE PUMP SUPPLY LLC 3,728.42 6283 12/30/2022 VINTON CONSTRUCTION INC 134,945.75 6284 12/30/2022 WI PUBLIC SERVICE CORP 8,564.71 6285 12/30/2022 WOOD SEWER & EXCAVATING INC 19,143.88 501842 12/30/2022 OFFICE FURNITURE RESOURCES, INC.10,673.00 501843 12/30/2022 ADAM KRAUSE 111.88 501844 12/30/2022 ANDREW J PRICKETT 137.50 501845 12/30/2022 ASSURANCE TITLE SERVICES INC 55.00 501846 12/30/2022 ASSURANCE TITLE SERVICES INC 66.63 501847 12/30/2022 BEISTLE BROTHERS PERCHERONS LLC 750.00 501848 12/30/2022 BOB GRIFFIN CARPENTRY LLC 9,000.00 501849 12/30/2022 CARYN BEHLMAN 31.88 501850 12/30/2022 CASEY WANGARD 319.83 501851 12/30/2022 CHRIS HAEDT 32.50 501852 12/30/2022 COMMON SCHOOL FUND 2,500.00 501853 12/30/2022 DAVID J PRASKA 332.50 501854 12/30/2022 DREAMS OF JEANNE LLC 30.00 501855 12/30/2022 DUNCANS WINDOW AND DOOR 17,350.00 501856 12/30/2022 ENVIRONMENTAL HAZARDS SERV LLC 55.20 501857 12/30/2022 EZ GLIDE GARAGE DOORS & OPENER 319.10 501858 12/30/2022 GALLS LLC 148.80 501859 12/30/2022 HANSON DANIAL OR KELLY 164.49 501860 12/30/2022 HOUSE OF FLOWERS 1,685.70 501861 12/30/2022 HOUSEAL LAVIGNE ASSOCIATES LLC 2,045.36 501862 12/30/2022 HURSH DAVID 27.94 501863 12/30/2022 HYDROCLEAN EQUIPMENT INC 45.04 501864 12/30/2022 ICESHACK PROPERTIESLLC 99.62 501865 12/30/2022 J WEST VENTURES LLC 206.19 501866 12/30/2022 JON MUELLER 120.63 501867 12/30/2022 MIDWEST REALTY MANAGEMENT INC 87.00 501868 12/30/2022 WESTWOOD PROFESSIONAL SERVICES INC 843.75 501869 12/30/2022 Carol Czarnecki 2,000.00 501870 12/30/2022 Daniel J./Marianne W. Metzig 2,000.00 501871 12/30/2022 David Ramthun 15.00 501872 12/30/2022 Jennifer Marconi 15.00 501873 12/30/2022 Laura Lehnert 30.00 501874 12/30/2022 Sarah Nyadiama 15.00 501875 12/30/2022 OSHKOSH SMILES DENTISTRY 229.00 501876 12/30/2022 PARK 'N PRINT INC 128.00 501877 12/30/2022 PMI FOX VALLEY 123.11 501878 12/30/2022 POTRATZ DANIELLE 88.70 501879 12/30/2022 RAY OHERRON CO INC 167.60 501880 12/30/2022 REGISTRATION FEE TRUST 169.50 501881 12/30/2022 RICHARD MARIN 11.59 501882 12/30/2022 RUMACHIK DAVID C 64.52 501883 12/30/2022 SETH MEIER 40.73 501884 12/30/2022 SOSNOSKI ANNAMARIE 60.11 501885 12/30/2022 STERICYCLE INC 83.69 501886 12/30/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 47.12 501887 12/30/2022 TRUE STORAGE OSHKOSH LLC 5.89 501888 12/30/2022 UNIVERSITY OF WISCONSIN- STEVENS POINT 1,880.00 501889 12/30/2022 UNITED PARCEL SERVICE 94.10 501890 12/30/2022 WI DEPT OF SAFETY & PRO SVCS 315.00 376,089.08 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6286 01/06/2023 AECOM INC 9,935.00 6287 01/06/2023 AXCEL TECHNOLOGY LLC 10,998.00 6288 01/06/2023 BLOCK IRON AND SUPPLY CO 3,085.00 6289 01/06/2023 BROOKS TRACTOR INC 38.93 6290 01/06/2023 BROWN AND CALDWELL 6,815.55 6291 01/06/2023 CABLECOM LLC 49,218.07 6292 01/06/2023 CDW GOVERNMENT INC 10,741.92 6293 01/06/2023 CHEMSCAN INC 46,580.69 6294 01/06/2023 CHEMTRADE CHEMICALS US LLC 4,016.67 6295 01/06/2023 CINTAS CORPORATION 591.63 6297 01/06/2023 CORE AND MAIN LP 17,074.47 6298 01/06/2023 DFI SOLUTIONS IN PRINT INC 14,071.31 6299 01/06/2023 COMPLETE OFFICE OF WISCONSIN INC 20,568.01 6300 01/06/2023 EMPATHIA INC 2,505.60 6301 01/06/2023 EWALDS HARTFORD FORD LLC 25,995.00 6302 01/06/2023 FIRE APPARATUS & EQUIPMENT INC 3,070.94 6303 01/06/2023 HYDRO CORP 6,187.00 6304 01/06/2023 JFTCO INC 2,949.18 6305 01/06/2023 MACQUEEN EQUIPMENT, LLC 85.00 6306 01/06/2023 MACQUEEN EQUIPMENT GROUP 623.52 6307 01/06/2023 M10 INC 1,138.72 6308 01/06/2023 OSHKOSH CONVENTION AND 6,769.25 6309 01/06/2023 PLYMOUTH LUBRICANTS 2,202.22 6310 01/06/2023 PRIMADATA LLC 10,823.57 6311 01/06/2023 QUALITY TRUCK CARE CENTER INC 79.36 6312 01/06/2023 RED SHOES INC 2,300.00 6313 01/06/2023 ROGAN'S SHOES 527.00 6314 01/06/2023 SERVICEMASTER BLDG MAINTENANCE 1,080.00 6315 01/06/2023 STRAND ASSOCIATES INC 41,352.26 6316 01/06/2023 TYLER TECHNOLOGIES INC 700.00 6317 01/06/2023 ON TIME EMBROIDERY INC 3,240.00 6318 01/06/2023 UW OSHKOSH CAREER AND PROFESSIONAL DEVELOPMENT 250.00 6319 01/06/2023 WI PUBLIC SERVICE CORP 29,748.30 6320 01/06/2023 WINNEBAGO COUNTY TREASURER 4,318.44 6321 01/06/2023 ZIXCORP 11,023.00 501891 01/06/2023 COMMISSION ON ACCREDITATION 4,620.00 501892 01/06/2023 AARON BAER 360.00 501893 01/06/2023 LAW ENFORCEMENT TARGETS INC 312.00 501894 01/06/2023 ADASHUN JONES INC 79.21 501895 01/06/2023 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00 501896 01/06/2023 AT & T 215.00 501897 01/06/2023 AT & T 895.49 501898 01/06/2023 B AND P MECHANICAL INC 41,975.00 501899 01/06/2023 BERGIN DENNIS 22.37 501900 01/06/2023 BLDG INSPECTORS ASSN N E WISC 150.00 501901 01/06/2023 CARDINAL CONSTRUCTION CO INC 7,104.36 501902 01/06/2023 CAROW LAND SURVEYING CO INC 1,825.00 501903 01/06/2023 CASEY KOELBL 119.38 501904 01/06/2023 JESSICA M DOYLE 320.00 501905 01/06/2023 CHOICE IT GLOBAL LLC 432.25 501906 01/06/2023 COYOTE OF WISCONSIN LLC 62.80 501907 01/06/2023 CURT KLASKE 235.63 501908 01/06/2023 DPP TRUST 41.70 501909 01/06/2023 EAST CENTRAL WI REG PLAN COMM 500.00 501910 01/06/2023 E C W P I A 50.00 501911 01/06/2023 FILEONQ INTEGRATED SOFTWARE 3,720.60 501912 01/06/2023 FRODIN JON E OR THERESA 31.73 501913 01/06/2023 GALLS LLC 462.69 501914 01/06/2023 GWORKS 496.00 501915 01/06/2023 GUARANTY TITLE SERVICES INC 78.29 501916 01/06/2023 HAIDLINGER SUSAN D 76.93 501917 01/06/2023 HANSON DESIGN GROUP LLC 3,300.00 501918 01/06/2023 WEATHERBY PARENT LLC 4,995.00 501919 01/06/2023 IMAGETREND INC 23,682.45 501920 01/06/2023 JASON PAUSMA 70.77 501921 01/06/2023 JERRY FABISCH 180.00 501922 01/06/2023 JOHN ZARATE 99.34 501923 01/06/2023 JON MUELLER 6.25 501924 01/06/2023 KANE COMMUNICATIONS GROUP 15,772.50 501925 01/06/2023 KATRINA MALSON 85.00 501926 01/06/2023 KENNETH L GRESSER 47.50 501927 01/06/2023 LISA SOSINSKI 104.75 501928 01/06/2023 NICOLE KRAHN 79.38 501929 01/06/2023 OMNI GLASS & PAINT INC 6,533.00 501930 01/06/2023 GOLD STANDARD CONSTRUCTION 59.00 501931 01/06/2023 BRUSS HEATING & COOLING LLC 250.00 501932 01/06/2023 Carmen E. Shaw 2,000.00 501933 01/06/2023 CITY OF OSHKOSH 79.00 501934 01/06/2023 THE FIREARMS SPECIALISTS LLC 75.96 501935 01/06/2023 REGISTRATION FEE TRUST 169.50 501936 01/06/2023 STANNARD CLEANERS 1,885.90 501937 01/06/2023 STREICHER'S 75.00 501938 01/06/2023 ADRIANNE BENSON 225.00 501939 01/06/2023 TECHNOLOGY PLUS LLC 16,702.08 501940 01/06/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 33.24 501941 01/06/2023 TITAN PROPERTY MANAGEMENT LLC 116.01 501942 01/06/2023 TODD MUEHRER 25.16 501943 01/06/2023 UNITED PARCEL SERVICE 89.43 501944 01/06/2023 US CELLULAR 33.75 501945 01/06/2023 VERIZON WIRELESS 120.03 501946 01/06/2023 SAVANT LEARNING SYSTEMS 4,950.00 501947 01/06/2023 WANTMAN GROUP INC 1,370.14 501948 01/06/2023 W F S A A 75.00 501949 01/06/2023 WHEEL AND SPROCKET INC 2,230.00 501950 01/06/2023 WI DEPT OF TRANSPORTATION 151.78 504,722.96 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN December 13, 2022 REGULAR MEETING held Tuesday, December 13, 2022 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Lynnsey Erickson, Michael Ford, Matt Mugerauer, Aaron Wojciechowski, Courtney Hansen, Bill Miller (arrived at 6:05), and Mayor Palmeri. ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Public Works Director. PUBLIC HEARINGS 1. Res 22-512 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 22-02 A) 9th Avenue from 100’ west of South Main Street to the Railroad Tracks B) South Main Street from 100’ north of 9th Avenue to 100’ south of 9th Avenue MOTION TO APPROVE: Ford; second, Erickson CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 2. Res 22-513 Approve Final Resolution for Special Assessments for Asphalt Overlay Relating to Contract No. 22-21 A) Huron Avenue, from North Main Street to Mount Vernon Street B) North Westhaven Drive, from S.T.H. 21 to Omro Road C) Alley west of South Main Street, from West 9th Avenue to West 10th Avenue D) West 4th Avenue, from South Sawyer Street to Guenther Street MOTION TO APPROVE: Erickson; second, Hansen CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 3. Res 22-514 Approve Final Resolution for Special Assessments for Concrete Pavement, 2 Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 22-25 A) Ripon Lane (West South Park Avenue to the end of Ripon Lane) MOTION TO APPROVE: Erickson; second, Wojciechowski CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri *4. Ord 22-515 Approve Official Map Amendment for the Deletion of the Campbell Creek Storm Drainage Detention Area Generally Located at the Southwest Corner of West 9th Avenue and South Washburn Street (Plan Commission Recommends Approval) FIRST READING – NO ACTION *5. City of Oshkosh Wastewater Utility 2042 Facilities Plan NO ACTION - OPPORTUNITY FOR PUBLIC TO PROVIDE INFORMATION TO COUNCIL 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) Patricia Diener, 1316 Broad Street – Misc. Subjects 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) 6. Report of Bills by the Finance Director 7. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 11.22.22 8. Receipt & Filing of Meeting Minutes – Library Board Meeting 10.27.22 9. Receipt & Filing of Meeting Minutes – Museum Board Meeting 11.01.22 3 10. Receipt & Filing of Meeting Minutes - Museum Board Meeting 11.03.22 11. Res 22-516 Approve Allowance Of Claim, Partial Rescission And Refund Of Property Taxes For 2021 For Hoffmaster Group For Property Located At 2920 N. Main Street 12. Res 22-517 Approve Professional Services Agreement with Jacobs Engineering Group for 2023 Wastewater Utility Technical Services ($247,420.00) 13. Res 22-518 Approve Amendment to Contractor Agreement with Bezio Animal Control for Nuisance Animal Trapping for Storm Water Utility (+$21,000.00) 14. Res 22-519 Approve City-Wide Storm Water Quality Management Plan 15. Res 22-520 Approve Amendment to State/Municipal Agreement with the Wisconsin Department of Transportation for the Rehabilitation of South Washburn Street from West 20th Avenue to Dickinson Avenue 16. Res 22-521 Approve Amendment to State/Municipal Agreement with the Wisconsin Department of Transportation for the Rehabilitation of Osborn Avenue from 1,600’ West of Mason Street to Knapp Street 17. Res 22-522 Approve One Year Agreement with Greater Oshkosh Healthy Neighborhoods Incorporated (GO-HNI) ($100,000.00) 18. Res 22-523 Accept Easements for Various Municipal Utilities in and Northeast of Vacated East 8th Avenue and Release of Reserved Utility Rights within a Portion of Vacated East 8th Avenue (Plan Commission and Redevelopment Authority Recommend Approval) 19. Res 22-524 Accept Storm Sewer Easements North of East 9th Avenue (Plan Commission and Redevelopment Authority Recommend Approval) 20. Res 22-525 Approve Conditional Use Permit for a Multi-Family Use at 913 South Main Street and 915 South Main Street (Plan Commission Recommends Approval) 21. Res 22-526 Approve 2022 Great Neighborhoods Funding in the Amount of $232,400.00 22. Res 22-527 Accept Hazardous Materials Grant from Green Lake County and Approve Amendment to Fire Department 2022 Operating Budget to Allow for Expenditure of Grant Funds for Purchase of Dual Band Portable Radio ($7,517.31) 23. Res 22-528 Approve Amendment To Fire Department 2022 Operating Budget To Increase Expenditures for Fire Special Revenue Fund ($5,087.95) 24. Res 22-529 Award Bid to Various Vendors for Chemicals for the Water Filtration/Wastewater Treatment Plants for 2023 (Various Amounts) 25. Res 22-530 Award Bid to Full Service Organics Management, LLC for Digester Cleaning Services for Wastewater Treatment Plant ($64,900.00) 26. Res 22-531 Approve Cooperative Purchase of TASER equipment from Axon 4 Enterprise Inc. for Police Department ($201,412.50) 27. Res 22-532 Approve Cooperative Purchase of Crisis Negotiator Vehicle from LDV Custom Specialty Vehicles for Police Department ($284,188.00) 28. Res 22-533 Approve Special Class “B” License, Operator Licenses & Secondhand Dealer Licenses MOTION TO ADOPT CONSENT AGENDA: Mugerauer; second, Erickson CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri NEW ORDINANCES 29. Ord 22-534 Update Parking Ordinances on Algoma Boulevard (request waiving 2nd reading) MOTION TO SUSPEND THE RULES AND ADOPT AFTER FIRST READING: Ford; second, Miller CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri MOTION TO APPROVE: Ford; second, Miller CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri PENDING ORDINANCES 30. Ord 22-535 Extend No Parking area on the south side of Ceape Avenue from Court Street to 120 feet west MOTION TO APPROVE: Mugerauer; second, Ford CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 31. Ord 22-536 Approve Request to Annex to the City from the Town of Oshkosh / Soper Annexation; 3400 Jackson Street (Plan Commission Recommends Approval) MOTION TO APPROVE: Mugerauer; second, Hansen CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 32. Ord 22-537 Cancel December 27, 2022 Council Meeting 5 MOTION TO APPROVE: Erickson; second, Mugerauer CARRIED: Ayes (6), Ford, Mugerauer, Hansen, Wojciechowski, Erickson, and Mayor Palmeri Noes (1), Miller NEW RESOLUTIONS 33. Res 22-538 Approve 2023 Storm Water Utility Rate ($19.81 / ERU / Month) MOTION TO DEFER TO NEXT COUNCIL MEETING: Miller; second, Wojciechowski CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 34. Res 22-539 Adopt the 2023 Annual Budget For The Water, Sewer, And Stormwater Utilities For The City Of Oshkosh – as amended MOTION TO APPROVE: Erickson; second, Miller CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri Motion to Amend to add enhancement #19 (Water Filtration Operator $90,000) on page 35 of “City of Oshkosh 2023 Budget Amendments Approved as of 11.12.22” to the 2023 Annual Budget for the Water. Sewer, and Stormwater Utilities for the City of Oshkosh: Ford; second, Mugerauer CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 35. Res 22-540 Approve Closing Out The Police Pension Fund MOTION TO APPROVE: Mugerauer; second, Miller CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 36. Res 22-541 Authorize the filing by GO Transit of 2023 FTA and WisDOT Operating and Capital Assistance Grants as well as County Transportation Assistance 6 MOTION TO APPROVE: Erickson; second, Mugerauer CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 37. Res 22-542 Accept Grant from the Oshkosh United Way to expand GO Transit’s 2023 Access to Jobs Program ($13,000) MOTION TO APPROVE: Erickson; second, Miller CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 38. Res 22-543 Approve Conditional Use Permit for Expansion of an Institutional Residential Use and a Group Development at 851 County Road Y (Plan Commission Recommends Approval) MOTION TO DEFER TO NEXT COUNCIL MEETING: Hansen; second, Mugerauer CARRIED: Ayes (5), Ford, Mugerauer, Hansen, Wojciechowski, and Mayor Palmeri Noes (2), Miller, and Erickson 39. Res-22-544 Approve Specific Implementation Plan Amendment for an Electronic Message Board at 2300 Witzel Avenue (Plan Commission Recommends Denial) MOTION TO APPROVE: Mugerauer; second, Hansen LOST: Noes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 40. Res 22-545 Approve Designated Outdoor Refreshment Area (DORA) in the Downtown/Business Improvement District (BID) Area – as amended MOTION TO APPROVE: Wojciechowski; second, Mugerauer Motion to amend permit days and hours to 5PM-10PM Wednesday-Friday and 1PM - 10 PM Saturday: Ford; second, Erickson Motion to amend permit duration to April 1, 2023 to March 31, 2024 with Council review of permit in December 2023; Erickson; second, Miller Motion to lay over Res 22-545: Palmeri; second Erickson 7 LOST: Noes (5), Ford, Mugerauer, Hansen, Miller, Wojciechowski Ayes (2) Erickson, and Mayor Palmeri CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri CARRIED: Ayes (4), Ford, Hansen, Erickson, and Mayor Palmeri Noes (3), Miller, Mugerauer, and Wojciechowski, CARRIED: Ayes (6), Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Erickson Noes (1) Mayor Palmeri COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Future Agenda Items: Review of Beer Garden Ordinances and Processes Future Workshops: Streetlights - Workshop cancelled; Council would prefer report COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS  Wojciechowski- Commented on Public Arts Forum last week and the Sustainability Advisory Board developing goals.  Hansen- Also commented on above event, openings on various boards and commissions and recognized Dan Becker, Chair of Traffic/Parking Advisory Board is retiring.  Mayor Palmeri - Commented on openings on various boards and commissions and the need for citizens to apply. CITY MANAGER ANNOUNCEMENTS & STATEMENTS  Professional Services Agreement with Strand Associates, Inc. for 2023 Engineering Services for Sawyer Creek Watershed ($74,500.00)  Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2023 ($40,000.00)  Professional Services Agreement with Brown and Caldwell for 2023 Site Plan Review Services ($25,000.00)  Professional Services Agreement with Brown and Caldwell for 2023 General Storm Water Services ($60,000.00)  Housing Study and Needs Assessment Plan Implementation  Requests for ARPA Funds from non-profit entities  Outstanding Issues MOTION TO GO INTO CLOSED SESSION (City Manager's Office) The Common Council may convene into Closed Session pursuant to Section 19.85(1)(c) of the Wisconsin State Statutes to consider employment, promotion, compensation or performance evaluation data of any public employee over which the governmental 8 body has jurisdiction or exercises responsibility (specifically the annual performance evaluation of the City Manager); Mugerauer; second, Ford CARRIED: Ayes (7), Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri ADJOURN MOTION TO ADJOURN: Mugerauer; second, Hansen CARRIED: VOICE VOTE The meeting adjourned at 7:58 p.m. JESSI L. BALCOM CITY CLERK MINUTES OF THE LIBRARY BOARD Oshkosh Public Library November 17, 2022 The Regular Meeting of the Oshkosh Public Library Board of Trustees was held on November 17, 2022, in the Lower Level of the Oshkosh Public Library. The meeting was called to order at 3:00 pm by Vice-President, Lindsay Mugerauer. Present were: Julie Davids, Larry Lautenschlager, Christine Melms-Simon, Lindsay Mugerauer, Baron Perlman, David Rucker, and Samantha Teal, Adjunct Board Member. Absent were: Bill Bracken, Kim Brown David Romond and Amber Shemanski. Others present were: Jeff Gilderson-Duwe, Oshkosh Public Library Director; Ruth Percey, Assistant Director for Public Services; Lisa Voss, Assistant Director for Library Development; and Julie Schmude, Business Manager. Consent Agenda Items: • Meeting Minutes of the Regular Meeting of October 27, 2022. • Vouchers payable - $272,209.00 Motion to approve consent agenda as presented at the meeting Motion: Lautenschlager; Second: Perlman; Vote: Unanimous New Business • 2023 Calendar of Library Board Meetings. Motion to approve the 2023 calendar of board meetings Motion: Perlman; Second: Lautenschlager; Vote: Unanimous • 2023 Schedule of Library Closings. Motion to approve the 2023 schedule of library closings. Motion: Perlman; Second: Lautenschlager; Vote: Unanimous Library Director’s Report • The director gave an update of the library trust funds Adjournment Motion to Adjourn the meeting at 3:24 PM Motion: Lautenschlager; Second: Rucker Vote: Unanimous Respectfully, Jeff Gilderson-Duwe, Secretary Julie Schmude – Recorder Minutes of the December 1, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 4 Minutes of the December 1, 2022 Board Meeting (Approved at the January 5, 2022 Board Meeting.) The December meeting of the Oshkosh Public Museum (OPM) Board was held Thursday, December 1, 2022, in the Lecture Room of the Museum. President Loiacono called the meeting to order at 4:04 pm. The roll was taken by Administrative Assistant Theresa Books. PRESENT AT ROLL: President Gabe Loiacono, Vice President Becky Matzke, Secretary Connie Drexler, Board Members Carol Fenrich, Dana Stolley and Jean Thierman, Alternate Vicky Redlin, and Oshkosh Area School District Board President Barb Herzog EXCUSED: Board Member Jim Hoffman, Alternate Tiara Cavett, and Superintendent of Schools Bryan Davis ALSO PRESENT: Director Sarah Phillips, Assistant Director Anna Cannizzo, Marketing Coordinator Kate Stel, and Administrative Assistant Theresa Books taking the minutes With Director Hoffman absent, President Loiacono appointed Ms. Redlin. There were no citizen statements to the Board and none were received. Consent Agenda items included: A. Minutes of the November 1 and 3, 2022, Board Meetings B. December Bill List C. 2023 Board Meeting Dates MOTION: Adopt Consent Agenda (Matzke; second Thierman) CARRIED: Yes (8) Drexler, Fenrich, Herzog, Loiacono, Matzke, Redlin, Stolley, Thierman Presentation and Review of the Board Governance Calendar was postponed until the January meeting. Director Phillips is waiting on a few details from staff at City Hall to be clear on the Capital Improvement Projects (CIP) and budget preparation schedules for 2023. Director Phillips then went over proposed changes to several Museum fees (attached.) Discussion followed. Museum admission of free for children 5 and under will be changed to free for children 3 and under. This will align with what other museums in the area do. Also, OPM is providing programming specific to four and five year olds. Particularly with the second Saturday Family Discovery Days programming. Charging $4 for four year olds and up will help defray the cost of the programming. Ms. Stolley noted that if a family purchases a family membership, they may come to as many of the Family Discovery Day programs for free, so that is a good value. When discussion was complete, President Loiacono asked for a Motion. Minutes of the December 1, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 4 MOTION: Board approve fee changes as presented. (Thierman; second Fenrich) CARRIED: Yes (8) Drexler, Fenrich, Herzog, Loiacono, Matzke, Redlin, Stolley, Thierman Board Secretary Connie Drexler then presented information she learned from two conference sessions she attended. She noted that one of the roles of Board members is to link their friends and contacts to the Museum, to be ambassadors when they are out and about, to share the good things that are happening at OPM; projects, programs and exhibits. Talk it up. She shared the idea for the Board to have a nominating committee to recruit future Board members intentionally based on Board needs, to recommend what skills and requirements are needed, and to provide orientation with staff and Board. Also important for the Board is fundraising training, such as to learn to be aware of things to listen for in conversations. Board and staff could have a social gathering so that the Board can get a sense of who the staff are and what things the Board could do to help them. Additionally, it was recommended that Board members work as volunteers at events. This would give them the opportunity to work with staff and to meet other member volunteers. In the sessions it was recommended to write it in the Board job description that Board members are expected to attend events. Ms. Drexler reported that another idea is to have a Development Committee to discuss how to engage non-board members. This committee would not be solely responsible for raising money, they would work with the Development staff (at OPM this is the Director and the Marketing Coordinator).  Host no-ask events such as recognition gatherings  100% Board giving is recommended; no specific amount, but that the Board give to this institution they appreciate enough to serve on its Board  Board members should definitely be Museum members and renew memberships each year  Make calls to thank donors  Hand-write thank you notes  Carry Museum business cards to give to people they interact with Ms. Drexler emphasized an idea that Board members should ask advice of members and colleagues. In the conference session they noted that if you want to get money, ask for advice! People will offer ideas, and may even be willing to help fund it or to help carry the idea through by participating. An example, a Board member could converse saying, “We are just starting this Legacy Program. Will you take a look at the brochure, what does it seem like? Is there anything missing?” Ms. Drexler reported that Past Perfect has grants listed by State. Eagle River Public Library also has grant listings. Highlights of the second session Ms. Drexler covered included having information regarding planned giving, such as a quarter-page “ad” always in The Muse and something on the website, always there, unobtrusive, but the information is out there and available. Having a brochure to mail out to members periodically. She noted that the average gift of donors who plan their giving in their wills is $108,000. Especially important is to have a document prepared with the Museum tax number and other pertinent information that an estate planning attorney would use to help their clients plan a bequest to the Museum. The more accessible that information is, the better. IRA, 401K donations can be transferred tax free. Legacy money goes into the endowment. Winston Minutes of the December 1, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 4 Churchill once said, “By what we get we make a living, by what we give, we make a legacy.” Sending letters that include the information directly to estate planning attorneys is also advised. That way when their clients are with them, if they feel the Museum would be a good fit for their client, matching their interests, the attorney can present the information. Sometimes clients ask attorneys for suggestions. Working with community foundations is also a good starting place. In conclusion, Ms. Drexler reported that the Wisconsin Historical Society has a Legacy Circle named after one of their generous donors. The OPM could have the Edgar Sawyer Legacy Circle. Send a brochure about the Legacy Circle to all members, celebrate the people while they are alive. Have exclusive events, recognition lunches. Give name tags with ribbons, a lapel pin with the logo. That concluded Ms. Drexler’s report. President Loiacono asked about the Board’s interest in having a Development Committee. Members are interested so he asked that they email to him ideas and questions. He’ll compile the information for further discussion at the January meeting. President Loiacono then requested Director Phillips present the Director’s report. Director Phillips began with an Education update. She reported that LTE Education Assistant, Amanda Jencik, joined the OPM staff on November 7th. For her orientation, Amanda shadowed staff on a few field trips to learn how the content and activities are presented. Since completing her training, Amanda has led all the in-person field trips at the Museum. She comes with a great deal of teaching experience, which is reflected in her interaction with every class. Amanda has worked closely with Tanya Schmidt to adjust the field trip activities to keep students engaged with the exhibit content. Additional hands-on learning has also been integrated to make these visits as effective and beneficial as possible for students and teachers. Director Phillips reported Emily Rock has led virtual field trips for 15 middle and high school classes, totaling 441 students. These virtual visits give the Museum an opportunity to share the content of Manufacturing Victory with grade levels that have content-related social studies curriculum standards. Regarding 2023, Director Phillips noted it will be a year of building and calibration for the OPM. As 2022 ends and the new year begins, staff will begin implementing plans for the closure and deinstallation of Memories and Dreams. Staff will craft specific language regarding the retirement of this exhibit to communicate the reasons for closing the exhibit and what will be created in its place. Director Phillips further noted that physical construction of the museum will require some areas of the Museum to be closed at designated times during the year. Once deinstallation of Memories and Dreams is complete, demolition and construction in that space will begin. The Museum is working with Split Rock Studios to made design plans for the new gallery space, which will include loading doors to allow large crates to be lifted in from the exterior of the building. Minutes of the December 1, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 4 of 4 In conclusion Director Phillips reported that the Museum will be working to meet the Quality of Life goals designated in the 2023 City Strategic Plan. Staff will be reevaluating practices, policies, and brand identity. In part, this requires a specific OPM Strategic Plan to be created, mapping out tasks and outcomes for measurable progress. These activities will ensure that the Museum understands its place within the community, can best serve the public, and that those operations are aligned with professional best practices and standards. That concluded the Director’s Report. President Loiacono requested the Auxiliary report. Auxiliary President Holly Eichman reported that there were 69 paying guests at the 2022 Gala, down from 125 at the last Gala in 2019. It was thought that the low attendance might have been because of the bad weather, beginning of deer hunting season, and the change from a Thursday night to a Friday night. Net profit from the Gala was $3,802. There were more than ten auction items, many raffle baskets, and 30 Oaks Candy boxes. At the wrap up meeting it was suggested the Auxiliary get a “wish list” from Museum staff like they have done in the past; for suggestions on how to best use the money to benefit the Museum. In conclusion, Ms. Eichman reported that the Auxiliary will have a holiday sing-a-long at their December 9 meeting. Madison McCartney will play the keyboard. That concluded the Auxiliary report. With no other agenda items, President Loiacono asked for a motion to adjourn. MOTION: Adjourn (Stolley; second Redlin) CARRIED: Voice Vote The meeting adjourned at 5:18 p.m. JANUARY 10, 2023 23-01 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: ADOPT WASTEWATER UTILITY 2042 FACILITIES PLAN INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh Wastewater Treatment Plant is operating under its approved Wisconsin Pollutant Discharge Elimination System Permit, Section 201 of the Clean Water Act and chapter NR110 of the State of Wisconsin Administrative Code, which all require wastewater utility facility planning to meet identified water quality goals; and WHEREAS, Jacobs Engineering Group, Inc., has prepared the Wastewater Utility 2042 Facilities Plan; and WHEREAS, the Facility Plan provides the City with a plan to continue to provide reliable, efficient, and regulatory-compliant wastewater collection and treatment; and WHEREAS, the Facility Plan contains recommended significant fiscal expenditures over its twenty (20) year life and each project will need to be included in a Capital Improvement Program and approved by Council; and WHEREAS, a public information meeting was held on the Facility Plan on November 29, 2022 and a public hearing held at the December 13, 2022 Council meeting. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Wastewater 2042 Facilities Plan is hereby adopted and the appropriate city officials are hereby authorized and directed to take those actions reasonable and necessary to implement the Facility Plan in connection with the preparation of future capital improvement and community development plans. I:\Wastewater\Facility Plan-WWTP\WWTP Facility Plan Appr CC Memo_1-5-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works / Utilities General Manager DATE: January 5, 2023 RE: Adopt Wastewater Utility 2042 Facilities Plan BACKGROUND The City of Oshkosh’s (City) Wastewater Treatment Plant (WWTP) is operating under its approved Wisconsin Pollutant Discharge Elimination System Permit No. WI-0025038-09- 1 settlement agreement. As part of the permit compliance schedule to meet new lower effluent phosphorus limits, the City, with the assistance of Jacobs Engineering Group, Inc., has prepared the Wastewater 2042 Facilities Plan (Facility Plan). This Plan includes recommendations for phase improvements across many aspects of the Wastewater Utility necessary to maintain essential infrastructure and meet regulatory requirements over the next twenty (20) years. The basic purpose of the Facility Plan is to assess the condition of the C ity’s sewerage system, establish system needs for improvement, evaluate options to address system needs, and identify cost-effective alternatives. Facility planning is required by the Federal government, under Section 201 of the Clean Water Act, to determine the control and treatment requirements needed to meet Federal water quality goals. Facility planning is also required under Wisconsin Administrative Code Chapter NR 110 Sewerage Systems (NR 110) to address sewer service area treatment needs and provid e responsible pollution abatement. The City’s Facility Plan must also conform to the recommendations of the East Central Wisconsin Regional Planning Commission, the agency responsibility for delineating the City’s sewer service area and for implementing the area-wide water quality management plan. The Facility Plan must be approved by the Wisconsin Department of Natural Resources before the City can construct a new filtration facility at the WWTP that will be operated to reduce levels of phosphorus released to the environment by 2027. A Public Information Meeting was held on November 29, 2022 and a Public Hearing was held at the Common Council meeting on December 13, 2022. I:\Wastewater\Facility Plan-WWTP\WWTP Facility Plan Appr CC Memo_1-5-23.docx Page 2 of 2 ANALYSIS The Facility Plan provides the City with a plan to continue to provide reliable, efficient, and regulatory-compliant wastewater collection and treatment. The 2022 – 2042 Facility Plan encompasses the following topics:  Inventory of existing conditions and projected future needs  Regulations, standards, and objectives to be met  Analysis of available planning information  Asset management approach to identifying and evaluating alternative improvements  Selected improvements  Improvements implementation schedule  Public involvement FISCAL IMPACT The Facility Plan contains significant fiscal expenditures over its twenty (20) year life. Each project will need to be included in a Capital Improvement Program and approved by Council. Projects in later years will be evaluated and adjusted in accordance with needs and serviceability. RECOMMENDATIONS I have reviewed this Plan and I am hereby recommending the Common Council adopt the Wastewater Utility 2042 Facilities Plan. Approved, Mark A. Rohloff City Manager SMG/tlt Draft Wastewater Treatment Plant Facility Plan  Volume 1  Volume 2  Volume 3 Comments may be sent to DPW@ci.oshkosh.wi.us by Friday, December 2 nd JANUARY 10, 2023 23-02 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR 2023 WASTEWATER UTILITY TECHNICAL SERVICES ($124,810.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate a professional services agreement with Jacobs Engineering Group, Inc. for wastewater utility technical services for calendar year 2023 consistent with the attached proposal in the amount of one hundred twenty four thousand eight hundred ten dollars ($124,810.00). Acct. No. 0541186X-64XX-XXXXX Multiple Accounts I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Jacobs 2023 Wtr Util Tech Serv\Jacobs Agreement Memo-2023 Wtr Util Tech Serv_1-5-23.docx Page 1 of 3 TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works / Utilities General Manager DATE: January 5, 2023 RE: Approve Professional Services Agreement with Jacobs Engineering Group, Inc. (Jacobs) for 2023 Water Utility Technical Services ($124,810) BACKGROUND The Department of Public Works Utility Division has a variety of regulatory compliance programs and engineering planning activities that require technical assistance. Jacobs has provided these services in the past and has submitted a scope of services to provide these for 2023. The projects included in this agreement include:  Water Distribution System Hydraulic Modeling Services – Jacobs will provide water distribution system hydraulic modeling services on an on -call, task order basis.  Raw Water Intakes Improvement Planning – Raw water is supplied to the Water Filtration Plant (WFP) via a 60” diameter, nearly 5,000’ long intake and raw water pipeline that was constructed to 2005. Recent inspection of the 60” intake found that minor repairs are needed. To affect repairs, the 60” intake needs to be taken out of service and a backup intake used for water supply. Currently, none of the backup intakes are reliable. To provide a reliable backup intake, the City of Oshkosh (City) intends to modify the 36” intake and the 30” raw water pipeline to bypass Miller’s Bay. The 36” intake /30” raw water pipeline have not been used for 16 years and need to be cleaned and inspected to assess their condition. Jacobs will assist the City in the development of technical and permitting requirements for intake and pipeline cleaning and inspection services to be performed by a specialty contractor retained by the City. Jacobs will review the pipeline inspection results to identify repairs needed to return the intake to reliable operation. Jacobs will prepare conceptual design documentation and identify construction permitting requirements for the following improvements to increase operational flexibility: Installing a pipeline to directly connect the 36” intake to the 30” raw water line to bypass Miller’s Bay; installing a pipeline to connect the 30” raw water line to the Diversion Vault; and extending chloramine solution I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Jacobs 2023 Wtr Util Tech Serv\Jacobs Agreement Memo-2023 Wtr Util Tech Serv_1-5-23.docx Page 2 of 3 piping to the 36” intake inlet crib. A portion of the 30” raw water pipeline is located in Menominee Park. In addition to preparing a conceptual level cost estimate for the 36” intake and 30” raw water pipel ine improvements, Jacobs will prepare a preliminary sequence of construction and schedule, including construction impacts to park access and functions. For comparison with the Miller’s Bay Bypass project, Jacobs will prepare conceptual design information for installation of a new 36” intake in the vicinity of the 24” intakes directly east of the plant. The preliminary information will include a feasible intake alignment; design, permitting and construction schedule; budgetary cost estimate; and description of potential construction impacts. Jacobs will summarize the planning information for the Miller’s Bay Bypass and alternative new intake in a Raw Water Intake Planning Study Report.  Granular Activated Carbon (GAC) and Dual Media Filter Characterization – In 2023 and 2024, the City intends to start replacing GAC and dual (sand and anthracite) media. Media replacement will be implemented in phases to maintain continuous operation of the WFP. To help the City prioritize phase media replacement, Jacobs will assist the City with a media characterization study. The study will involve collecting samples of GAC and dual-filter media for laboratory analysis to determine media condition and help estimate remaining useful life.  Water Filtration Plant (WFP) Engineering Assistance – Jacobs will provide engineering services on an on-call, task order basis. At the request of the City, Jacobs will consult with the WFP staff on facility performance, water quality, and regulatory topics.  Revised Lead and Copper Rule Compliance Assistance – The City is engaged in multiple activities to prepare for compliance with the upcoming revised Fe deral Lead and Copper Rule. Current efforts include development of the City service line material inventory, service line material data-customer web-based interface, distribution system water quality review in preparation for future required optimized Water Quality Parameters, lead serv ice line replacement, corrosion control treatment upgrades, and public education and outreach. Jacobs will assist the City as directed, providing technical resources when needed. ANALYSIS Jacobs has provided services for the Water Utility for the past several years and has the institutional knowledge of these programs and staff with the experience and expertise necessary to complete this work in an effective and efficient manner. FISCAL IMPACT This work will be funded with Water Utility Operating funds approved in the 2023 Water Utility Operating Budget (Account #0541186X-64XX-XXXXX/Multiple Accounts). I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Jacobs 2023 Wtr Util Tech Serv\Jacobs Agreement Memo-2023 Wtr Util Tech Serv_1-5-23.docx Page 3 of 3 RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh (Code) provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the agreement and in accordance with Section 12-16 of the Code, I am hereby recommending the Common Council approve this agreement. Approved, Mark A. Rohloff City Manager SMG/tlt JANUARY 10, 2023 23-03 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CIP BUDGET AMENDMENT AND CHANGE ORDER NO. 1 (FINAL) FOR PUBLIC WORKS CONTRACT 20-02 SOUTHWEST INDUSTRIAL PARK / CLAIRVILLE ROAD – CONSTRUCTION / VINTON CONSTRUCTION COMPANY, INC. (+$47,413.10) INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the City previously entered into an Agreement with Vinton Construction Company, Inc. for Southwest Industrial Park / Clairville Road – Construction; and WHEREAS, the Common Council has adopted the 2020 Capital Improvement Program and Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the contract was originally awarded in November of 2020; and WHEREAS, it is necessary to amend the 2020 Capital Improvement Program Budget to transfer funds for additional services and adjust quantities with the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2020 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: o To transfer $80,000.00 from Account No. 03210410-6801-04104 (Contract Control- Paving-21-04 West 9th Avenue Reconst) to Account No. 03210410-6801-04915 (Contract Control-Paving-20-02 SW Ind Prk / Clairville Rd Co). BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following change Order, a copy of which is attached, is hereby approved: JANUARY 10, 2023 23-03 RESOLUTION CONT’D VINTON CONSTRUCTION COMPANY, INC. 1322 33rd Street Two Rivers, WI 54241 Net Increase to Contract: $47,413.10 PURPOSE: See attached Change Order. Money for this purpose is hereby appropriated from: Acct. Nos. 03210410-6802-04915 Contract Control-Sanitary Sewer-20-02 SW Ind Prk / Clairville Rd Co 03210410-6803-04915 Contract Control-Water Main-20-02 SW Ind Prk / Clairville Rd Co I:\Engineering\2020 CONTRACTS\20-02 SWIP-Clairville Rd\Project_Information\Correspondence\Memo\20-02 Memo for CO #1 (Final) & Amend CIP_1-5-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: January 5, 2023 RE: Approve CIP Budget Amendment and Change Order No. 1 for Public Works Contract No. 20-02 Southwest Industrial Park / Clairville Road – Construction / Vinton Construction Company, Inc. (+$47,413.10) BACKGROUND Change Order No. 1 (Final) for Contract 20-02 is scheduled for consideration by the Common Council at the January 10, 2023 meeting. The Contract was originally awarded to Vinton Construction Company, Inc. in November of 2020. This change order is for additional services requested by the City and to adjust quantities to match the necessary installation in the field. ANALYSIS Following is a summary of the significant changes to each section of the Capital Improvement Program (CIP):  Street – Additional excavation was required for poor subgrade sections of Transit Drive that were encountered as the new road was being prepared. Also, final quantities were adjusted to match field conditions.  Sanitary Sewer – Final quantities were adjusted to match field conditions.  Water Main – Final quantities were adjusted to match field conditions. I:\Engineering\2020 CONTRACTS\20-02 SWIP-Clairville Rd\Project_Information\Correspondence\Memo\20-02 Memo for CO #1 (Final) & Amend CIP_1-5-23.docx Page 2 of 2 FISCAL IMPACT Contract Section Change Order Amount Estimated Total Construction Costs CIP Budget/ Transferred Amount Street $54,188.65 $3,020,589.62 $3,022,290 Sanitary Sewer -$5,719.55 $173,905.92 $200,000 Water Main -$1,056.00 $13,265.50 $20,000 Total $47,413.10 $3,207,761.04 $3,242,290 Funding for the Sanitary Sewer and Water Main portion of this Change Order is in the 2020 CIP (Account #03210410-6802-04915/Contract Control-Sanitary Sewer-20-02 SW Ind Prk / Clairville Rd Co and #03210410-6803-04915/Contract Control-Water Main-20- 02 SW Ind Prk / Clairville Rd Co). Funding for the Street portion of this Change Order is available from CIP projects which have come in under budget:  $80,000 will be transferred from Account No. 03210410-6801-04104 (Contract Control-Paving-21-04 West 9th Avenue Reconst) to Account No. 03210410-6801-04915 (Contract Control-Paving-20-02 SW Ind Prk / Clairville Rd Co). RECOMMENDATIONS I recommend approval of Change Order No. 1 (Final) to Contact No. 20-02 in the amount of +$47,413.10 to Vinton Construction Company, Inc. and the transfer of CIP funds. Approved: Mark A. Rohloff City Manager JLG/tlt TO: VINTON CONSTRUCTION CO CHANGE ORDER #1 (FINAL) P.O. BOX 137 TWO RIVERS, WI 54241 Your present contract with the City of Oshkosh, Contract No. 20-02, awarded November 10, 2020, is hereby amended and changed as follows: $22,246.30 $25,166.80 $47,413.10 SECTION I TOTALS BID TOTAL $2,587,589.47 $2,587,589.47 CO #1 $47,413.10 $47,413.10 CONTRACT TOTAL $2,635,002.57 $2,635,002.57 CITY OF OSHKOSH BY: 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. Approved as to form: City Attorney DATE: DECEMBER 1, 2022 ______________________________ Comptroller ______________________________ Contractor ______________________________ Approved and accepted: ______________________________ City Manager City Clerk ______________________________ NET INCREASE TO SECTION I: NET INCREASE TO ADDITIONAL WORK: NET INCREASE TO CONTRACT: CONTRACT 20-02 CHANGE ORDER #1 (FINAL) 20-02 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE A-1010 Clearing; complete as specified Stations 14.00 14.00 $500.00 A-1020 Grubbing; complete as specified Stations 14.00 14.00 $500.00 A-1050 Mobilization; complete as specified Lump Sum 1.00 1.00 $103,475.00 A-1051 Mobilization (extra); complete as specified Lump Sum 1.00 0.00 -1.00 $1.00 ($1.00) A-1110 Removing curb and gutter; complete as specified Linear Feet 166.00 166.00 $3.00 A-1125 Pulverize pavement; complete as specified Square Yards 5,500.00 5,765.00 265.00 $4.70 $1,245.50 A-1200 Unclassified excavation; complete as specified Cubic Yards 17,000.00 28,654.00 11654.00 $11.25 $131,107.50 A-1210 Borrow excavation; complete as specified Cubic Yards 7,900.00 0.00 -7,900.00 $0.01 ($79.00) A-1324 9" concrete pavement doweled; base in place and grading; complete as specified Square Yards 17,700.00 17,616.00 -84.00 $37.52 ($3,151.68) A-1325 9" concrete pavement doweled; HES; with 6" CABC and grading; complete as specified Square Yards 10,875.00 10,627.00 -248.00 $42.00 ($10,416.00) A-1360 Adjust manholes and inlets; complete as specified Each 62.00 64.00 2.00 $350.00 $700.00 A-1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 240.00 306.00 66.00 $9.00 $594.00 A-1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 13,825.00 12,924.00 -901.00 $5.15 ($4,640.15) A-1700 Sawing existing pavement; complete as specified Linear Feet 60.00 95.00 35.00 $3.00 $105.00 A-1800 Base aggregate dense; 3/4"; complete as specified Tons 550.00 666.29 116.29 $24.70 $2,872.36 A-1801 Base aggregate dense; 1- 1/4"; complete as specified Tons 2,025.00 2,089.11 64.11 $6.00 $384.66 A-1810 Breaker run; complete as specified Tons 8,600.00 0.00 -8,600.00 $9.28 ($79,808.00) A-1900 Tack coat; complete as specified Gallons 440.00 200.00 -240.00 $3.00 ($720.00) A-1905 5" asphaltic pavement MT with 10" CABC and grading; complete as specified Square Yards 6,225.00 6,471.00 246.00 $24.92 $6,130.32 A-1974 Pavement markings; epoxy; 4" (white); complete as specified Linear Feet 4,075.00 4,051.00 -24.00 $0.79 ($18.96) Page 2 of 8 CONTRACT 20-02 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE A-1975 Pavement markings; epoxy; 4" (yellow); complete as specified Linear Feet 3,850.00 3,840.00 -10.00 $0.79 ($7.90) A-1976 Pavement markings; epoxy; 8" (white); complete as specified Linear Feet 100.00 100.00 $3.00 A-1978 Pavement markings; stop-line epoxy; 18" (white); complete as specified Linear Feet 36.00 36.00 $16.00 A-1979 Pavement markings; arrow epoxy; Type 1 (white); complete as specified Each 2.00 2.00 $275.00 A-1999 EDA project sign; complete as specified Lump Sum 1.00 1.00 $2,079.00 A-2004 Furnish and install 12" RCP Class III storm sewer; complete as specified Linear Feet 1,393.00 1,368.00 -25.00 $64.80 ($1,620.00) A-2007 Furnish and install 15" RCP Class III storm sewer; complete as specified Linear Feet 132.00 130.00 -2.00 $59.00 ($118.00) A-2013 Furnish and install 21" RCP Class III storm sewer; complete as specified Linear Feet 15.00 17.00 2.00 $67.80 $135.60 A-2016 Furnish and install 24" RCP Class III storm sewer; complete as specified Linear Feet 649.00 634.00 -15.00 $86.90 ($1,303.50) A-2022 Furnish and install 30" RCP Class III storm sewer; complete as specified Linear Feet 661.00 675.00 14.00 $78.50 $1,099.00 A-2023 Furnish and install 30" RCP Class V storm sewer; complete as specified Linear Feet 100.00 104.00 4.00 $101.50 $406.00 A-2047 Furnish and install 19" x 30" HERCP Class III storm sewer; complete as specified Linear Feet 114.00 112.00 -2.00 $90.60 ($181.20) A-2051 Furnish and install 29" x 45" HERCP Class III storm sewer; complete as specified Linear Feet 136.00 144.00 8.00 $104.00 $832.00 A-2053 Furnish and install 34" x 53" HERCP Class III storm sewer; complete as specified Linear Feet 146.00 144.00 -2.00 $128.00 ($256.00) A-2140 Furnish and install 12" RCP Class III apron endwall with joint ties; complete as specified Each 2.00 2.00 $1,256.00 A-2141 Furnish and install 15" RCP Class III apron endwall with joint ties; complete as specified Each 2.00 2.00 $828.00 Page 3 of 8 CONTRACT 20-02 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE A-2142 Furnish and install 18" RCP Class III apron endwall with joint ties; complete as specified Each 2.00 0.00 -2.00 $881.00 ($1,762.00) A-2146 Furnish and install 30" RCP Class III apron endwall with joint ties; complete as specified Each 2.00 2.00 $1,597.00 A-2155 Furnish and install 19" x 30" RCP Class III apron endwall with joint ties; complete as specified Each 4.00 4.00 $1,698.00 A-2157 Furnish and install 29" x 45" RCP Class III apron endwall with joint ties; complete as specified Each 4.00 4.00 $1,780.00 A-2158 Furnish and install 34" x 53" RCP Class III apron endwall with joint ties; complete as specified Each 4.00 4.00 $2,552.00 A-2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 37.42 37.05 -0.37 $264.00 ($97.68) A-2202 Furnish and install standard storm sewer manhole (5' diameter); complete as specified Vertical Feet 37.32 37.35 0.03 $449.00 $13.47 A-2204 Furnish and install standard storm sewer manhole (7' diameter); complete as specified Vertical Feet 3.65 4.00 0.35 $972.00 $340.20 A-2213 Furnish and install standard storm sewer inlet manhole (4' diameter); complete as specified Vertical Feet 8.36 8.33 -0.03 $264.00 ($7.92) A-2214 Furnish and install standard storm sewer inlet manhole (5' diameter); complete as specified Vertical Feet 3.26 3.04 -0.22 $565.00 ($124.30) A-2215 Furnish and install standard storm sewer inlet manhole (6' diameter); complete as specified Vertical Feet 5.76 4.50 -1.26 $652.00 ($821.52) A-2226 Furnish and install storm sewer outlet structure; complete as specified Each 1.00 1.00 $5,300.00 A-2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 16.00 16.00 $1,380.00 A-2246 Reconstruct 4' diameter storm sewer manhole; complete as specified Vertical Feet 8.00 3.00 -5.00 $485.00 ($2,425.00) Page 4 of 8 CONTRACT 20-02 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE A-2247 Reconstruct 5' diameter storm sewer manhole; complete as specified Vertical Feet 12.00 7.00 -5.00 $575.00 ($2,875.00) A-2254 Reconstruct 6' x 6' storm sewer box manhole; complete as specified Vertical Feet 6.00 4.00 -2.00 $950.00 ($1,900.00) A-2506 Furnish; install; maintain; and remove Type D inlet protection; complete as specified Each 50.00 50.00 $75.00 B-2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 4.00 4.00 $75.00 B-2510 Sediment removal - Type D modified inlet protection; complete as specified Each 4.00 4.00 $5.00 A-2512 Furnish; install; maintain; and remove stone tracking pad; complete as specified Each 2.00 0.00 -2.00 $1,000.00 ($2,000.00) A-2514 Furnish; install; maintain; and remove silt fence; complete as specified Linear Feet 4,450.00 4,730.00 280.00 $2.75 $770.00 B-2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 5.00 5.00 $15.00 B-2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 24.00 24.00 $10.00 A-2522 Furnish; install; maintain; and remove ditch check; complete as specified Each 35.00 35.00 $75.00 B-2524 Furnish; install; maintain; and remove dewatering tank system; complete as specified Each 1.00 1.00 $1,500.00 A-2602 Install salvaged topsoil 6" depth; complete as specified Square Yards 34,625.00 41,542.00 6917.00 $1.00 $6,917.00 A-2610 Furnish and install native seeding; complete as specified Square Yards 34,625.00 41,542.00 6917.00 $1.75 $12,104.75 A-2630 Furnish and install Class I; Type A erosion control mat; complete as specified Square Yards 18,600.00 19,924.00 1324.00 $1.50 $1,986.00 A-2648 Furnish and install medium rip-rap with filter fabric; complete as specified Square Yards 14.00 32.00 18.00 $58.00 $1,044.00 A-2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 498.00 498.00 $17.00 A-2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 426.00 435.00 9.00 $12.50 $112.50 Page 5 of 8 CONTRACT 20-02 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE A-2810 Abandon storm sewer manholes and inlets; complete as specified Each 1.00 1.00 $550.00 A-2812 Remove storm sewer manholes and inlets; complete as specified Each 6.00 6.00 $400.00 A-2850 Connect to existing storm sewer main; complete as specified Each 1.00 1.00 $850.00 A-2902 Strip and stockpile topsoil; complete as specified Square Yards 38,750.00 37,874.00 -876.00 $0.90 ($788.40) B-3006 Furnish and install 15" sanitary sewer (relay); complete as specified Linear Feet 350.00 236.00 -114.00 $105.00 ($11,970.00) B-3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 38.35 37.90 -0.45 $270.00 ($121.50) B-3114 Furnish and install external sanitary sewer manhole chimney seal; complete as specified Each 2.00 2.00 $370.00 B-3116 Furnish and install external sanitary sewer manhole chimney seal extension; complete as specified Each 1.00 1.00 $280.00 A-3122 Reconstruct sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 14.00 11.57 -2.43 $495.00 ($1,202.85) A-3136 Rebuild sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 10.00 0.00 -10.00 $400.00 ($4,000.00) B-3306 Furnish and install connection to existing 15" sanitary sewer mains; complete as specified Each 2.00 2.00 $964.00 B-3340 Furnish and install connection to existing 30" sanitary sewer steel casing; complete as specified Each 2.00 1.00 -1.00 $2,000.00 ($2,000.00) B-3414 Furnish and install 30" sanitary sewer open cut casing pipes; complete as specified Linear Feet 220.00 200.00 -20.00 $489.00 ($9,780.00) B-3700 Closed circuit televising; complete as specified Linear Feet 350.00 0.00 -350.00 $4.00 ($1,400.00) B-3808 Abandon 15" sanitary sewer; complete as specified Linear Feet 55.00 55.00 $15.00 B-3890 Sanitary sewer utility line opening (ULO); complete as specified Each 1.00 1.00 $1,500.00 B-4024 Furnish and install new 10" ductile iron water main with polywrap; complete as specified Linear Feet 10.00 10.00 $176.00 Page 6 of 8 CONTRACT 20-02 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE B-4025 Furnish and install new 10" ductile iron water main with polywrap and TR Flex restrained joints; complete as specified Linear Feet 15.00 9.00 -6.00 $176.00 ($1,056.00) B-4062 Furnish and install connections to existing 10" water main; complete as specified Each 2.00 2.00 $1,773.00 B-4088 Furnish and install connections to existing 24" water main steel casing; complete as specified Each 1.00 1.00 $1,000.00 B-4238 Furnish and install 10" 45 degree water main bend; complete as specified Each 2.00 2.00 $910.00 B-4730 Furnish and install 24" water main casing pipe; complete as specified Linear Feet 10.00 10.00 $263.00 $168,899.86 ($146,653.56) $22,246.30 ADDITIONAL WORK REQUIRED: CO #1 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1-1442 FO #1 Additional 20 feet of 30" curb and gutter with 6" CABC and grading by proposed railroad spur; complete as specified Linear Feet 0.00 20.00 20.00 $48.00 $960.00 1-2144 FO #2 Change from 18" apron endwall with joint ties to 24" apron endwall with joint ties; complete as specified Lump Sum 0.00 1.00 1.00 $2,610.00 $2,610.00 1-2660 FO #3 Temporary seed for City of Oshkosh clay stockpile; disturbed area is 4160 square yards; clay material used as fill material for Clairville Road; complete as specified Lump Sum 0.00 1.00 1.00 $1,872.00 $1,872.00 1-10000 FO #4 Additional staking for Compass Way; complete as specified Lump Sum 0.00 1.00 1.00 $3,765.00 $3,765.00 SECTION 1 (BID ITEMS A-1010 - B-4730) SUBTOTAL: NET INCREASE TO SECTION 1: Page 7 of 8 CONTRACT 20-02 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1-30000 FO #5 Additional casing work; labor; materials; equipment; proposed 30" casing on south side of tracks; 24" casing was existing; complete as specified Lump Sum 0.00 1.00 1.00 $15,959.80 $15,959.80 ADDITIONAL WORK CO #1 (BID ITEMS 1-1442 - 1-30000) - SUBTOTAL: $25,166.80 $0.00 NET INCREASE TO ADDITIONAL WORK: $25,166.80 $22,246.30 $25,166.80 $47,413.10NET INCREASE TO CONTRACT: NET INCREASE TO ADDITIONAL WORK: NET INCREASE TO SECTION 1: Page 8 of 8 JANUARY 10, 2023 23-04 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT WITH WASTE MANAGEMENT OF WISCONSIN, INC. FOR DISPOSAL OF CONTAMINATED SOIL FROM VARIOUS PROJECTS IN THE 2023 – 2025 CAPITAL IMPROVEMENT PROGRAM (ESTIMATED $3,878,500) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, Section 12-11 of the Oshkosh Municipal Code permits the purchase of services to be done without formal bidding or quotes when those services are available from only one source; and WHEREAS, Waste Management Wisconsin is the only landfill provider which is licensed to accept all materials anticipated to be generated from City projects. BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate agreement for professional services associated with disposal of contaminated soil from various projects with Waste Management for capital improvement projects during 2023-2025. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Waste Mgmt 2023-2025 Landfill Disp\CC Memo-2023-2025 Disp of Contam Soil_1-5-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: James Rabe, Director of Public Works DATE: January 5, 2023 RE: Approve Agreement with Waste Management of Wisconsin, Inc. for Disposal of Contaminated Soil from Various Projects in the 2023 – 2025 Capital Improvement Program (estimated $3,878,500) BACKGROUND During the preliminary design work for this year’s construction contracts , an environmental review for contaminated soils was conducted within planned Project limits. Several locations were identified as areas of concern due to previous activities that occurred in those areas. These previous activities could include industrial use or commercial use, such as gas stations or other uses that historical ly have produced soil contamination. Soil samples will be taken in areas of concern and analyzed. Any encountered soils containing refuse, petroleum, heavy metals, or other hazardous substances will be landfilled. The closest landfill licensed to handle these materials is the Waste Management’s Valley Trail Landfill located in Berlin, Wisconsin. ANALYSIS Waste Management and the City have historically had a negotiated standard tipping fee for each of the contaminated soil types anticipated to be excavated. These costs have been, and continue to be, less than the regular commercial rate for waste disposal at the Waste Management facilities. The rates for 2023-2025 are $26.50/ton for petroleum contaminated soil, $21.50/ton for miscellaneous historic landfill rubbish or quarry waste, $19.00/ton for contaminated soil that can be used as daily cover, $26.00/ton for sediment material meeting Waste Management’s acceptance criteria, and $35.00/ton for general refuse. In addition to these rates, a $2.50/ton for an Environmental Fee and $2.50/ton for a Wastewater Management Fee will be charged to ensure continued environmental compliance. The tipping fee rates will be increased annually on the anniversary date of the contract based on the Consumer Price Index: Urban Consumer – Water and Sewer and Trash Collection Services. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Waste Mgmt 2023-2025 Landfill Disp\CC Memo-2023-2025 Disp of Contam Soil_1-5-23.docx Page 2 of 2 The standard Waste Management landfill tipping fee is $50.00/ton plus a fluctuating fuel surcharge, an Environmental Fee of $30.00/load and a Wastewater Management Fee markup of 14.5%. A breakdown of projects anticipated to have contaminated soils and the estimated quantities of contaminated soil is attached. Additional projects may be added if contaminated soil is found at those locations. FISCAL IMPACT The estimated total disposal cost for contaminated soils in 2023 is approximately $1,999,750. The estimated total disposal cost for contaminated soils in 2024 is approximately $1,119,500. The estimated total disposal cost for contaminated soils in 2025 is approximately $759,250. The actual total cost will be based on the quantities hauled to the landfill. Funds for these services are budgeted as part of each construction project and are available in the Street, Storm Sewer, Sanitary Sewer, Water Main, and Property Improvement sections of each year’s CIP or appropriate TIF district. RECOMMENDATIONS Section 12-11 of the Municipal Code of the City of Oshkosh provides that purchases of services, materials, supplies, or equipment, that are available from only one source and exceed $25,000, may be approved by Council upon recommendation by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval of this agreement. Please contact me if you have any questions concerning this agreement. Approved: Mark A. Rohloff City Manager JER/tlt 2023-2025 Estimated Landfill Disposal Summary December 14, 2022 City of Oshkosh Contract # Project Name Profile No. Material Type Landfill Testing Completed PCB'S? On Fox River?Estimated Tonnage Price Per Ton Total Est Cost Project Start Date Project End Date Mill on Main Street Petroleum Impacted Soil Valley Trail RDF RCRA 8 METALS, TOTAL VOC'S & SVOC'S, PCBS, GRO/DRO N Y 7,000 $29.00 $203,000 Spring 2023 Fall 2023 Mill on Main Street Solid Waste RCRA 8 METALS, TOTAL VOC'S & SVOC'S, PCBS, GRO/DRO Y 7,000 $37.50 $262,500 Spring 2023 Fall 2023 23-xxx Boat Works Solid Waste Valley Trail RDF RCRA 8 METALS, TOTAL VOC'S & SVOC'S, PCBS, GRO/DRO N Y 4,000 $37.50 $150,000 Fall 2023 Spring 2024 23-xxx Sanitation Garage Demo Solid Waste Valley Trail RDF Not Completed N Y 4,000 $37.50 $150,000 Fall 2023 Spring 2024 Pioneer Drive RW (RR to Veh. Bridge) Solid Waste Valley Trail RDF Not Completed y 2,500 $37.50 $93,750 Fall 2023 Spring 2024 Pioneer Drive RW (RR to Veh. Bridge) Sediment Valley Trail RDF Not Completed y 1,500 $28.50 $42,750 Fall 2023 Spring 2024 22-02 9th Avenue Extension Solid Waste Valley Trail RDF RCRA 8 METALS, TOTAL VOC'S & SVOC'S, PCBS, GRO/DRO 5,000 $37.50 $187,500 Spring 2023 Fall 2023 23-xxx Miscellaneous Outfall Maintenance Sediment Valley Trail RDF Not Completed Y 1,000 $28.50 $28,500 Spring 2023 Fall 2023 23-xxx Quarry Park Shelter Demo and Manholes Solid Waste Valley Trail RDF RCRA 8 METALS, TOTAL VOC'S & SVOC'S, PCBS, GRO/DRO N 2,000 $37.50 $75,000 Spring 2023 Fall 2023 23-xxx Parkway Detention Basin Fill Soils/Daily Cover Valley Trail RDF Not Completed N 3,000 $21.50 $64,500 Spring 2023 Fall 2023 Arthur, Tyler, Coolidge, Bauman Solid Waste Valley Trail RDF Not Completed Y 1,500 $37.50 $56,250 Spring 2023 Fall 2023 Arthur, Tyler, Coolidge, Bauman Sediment Valley Trail RDF Not Completed Y 1,000 $28.50 $28,500 Spring 2023 Fall 2023 23-05 Lakeshore Park Parking Lot and Trails Solid Waste Valley Trail RDF Not Completed Y 2,000 $37.50 $75,000 Spring 2023 Fall 2023 Solid Waste Valley Trail RDF Not Completed Y 3,000 $37.50 $112,500 Fall 2024 Spring 2025 Sediment Valley Trail RDF Not Completed Y 1,500 $28.50 $42,750 Fall 2024 Spring 2025 24-xxx Nebraska Interceptor Sewer Petroleum Impacted Soil Valley Trail RDF Not Completed N 1,500 $29.00 $43,500 Spring 2024 Fall 2024 24-xxx Stringham Box Culvert Solid Waste Valley Trail RDF Not Completed Y 2,000 $37.50 $75,000 Spring 2024 Fall 2024 24-xxx Red Arrow Park Parking Lot Solid Waste Valley Trail RDF RCRA 8 METALS, TOTAL VOC'S & SVOC'S, PCBS, GRO/DRO N N 5,500 $37.50 $206,250 Spring 2024 Fall 2024 24-xxx North Highschool DB Dredging Sediment Valley Trail RDF Not Completed N 2,000 $28.50 $57,000 Fall 2024 Spring 2025 Solid Waste Valley Trail RDF Not Completed Y 3,000 $37.50 $112,500 Fall 2025 Spring 2026 Sediment Valley Trail RDF Not Completed Y 1,500 $28.50 $42,750 Fall 2025 Spring 2026 25-xxx Stringham Box Ph 3 Fill Soils/Daily Cover Valley Trail RDF N 1,000 $21.50 $21,500 Spring 2025 Fall 2025 MISCELLANEOUS TBD Petroleum Contaminated Soil Petroleum Impacted Soil Valley Trail RDF 15,000 $29.00 $435,000 Spring 2023 Fall 2025 TBD General Waste and C&D Materials Solid Waste Valley Trail RDF 15,000 $37.50 $562,500 Spring 2023 Fall 2025 TBD Sediment Material Sediment Valley Trail RDF 15,000 $28.50 $427,500 Spring 2023 Fall 2025 TBD Fill Soils/Daily Cover Fill Soils/Daily Cover Valley Trail RDF 15,000 $21.50 $322,500 Spring 2023 Fall 2025 Total 2023-2025 Waste Type Est Qty Est Rate Est Cost Sediment 23,500 $28.50 $669,750 Petroleum Impacted Soil 23,500 $29.00 $681,500 Solid Waste 56,500 $37.50 $2,118,750 Fill Soils/Daily Cover 19,000 $21.50 $408,500 Total 122,500 $3,878,500 Estimated Total in 2023 $1,999,750 Estimated Total in 2024 $1,119,500 Estimated Total in 2025 $759,250 Total Estimated 2023-2025 $3,878,500 TBD - To be Determined Estimated based on paying Environmental Fee of $2.50/ton 23-08 23-xxx 23-xxx 24-xxx Pioneer Drive RW (Veh. Bridge to Ped Bridge) 25-xxx Pioneer Drive RW (Ped Bridge to E. 14th JANUARY 10, 2023 23-05 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CIP BUDGET AMENDMENT AND CHANGE ORDER NO. 1 (FINAL) FOR PUBLIC WORKS CONTRACT 22-06 CONCRETE SIDEWALK (NEW AND REHABILITATION) / FISCHER-ULMAN CONSTRUCTION, INC. (+$4,718.76) INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the City entered into an Agreement with Fischer-Ulman Construction, Inc. for Concrete Sidewalk (New and Rehabilitation); and WHEREAS, the Common Council has adopted the 2022 Capital Improvement Program and Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the contract was originally awarded to Fischer-Ulman Construction, Inc. in January of 2022; and WHEREAS, it is necessary to amend the 2022 Capital Improvement Program Budget to transfer funds for additional services and adjust quantities with the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2022 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: o To transfer $32,115.93 from Account No. 03210410-6806-04105 (Contract Control - Sidewalk-21-05 Ceape Avenue Reconstruction) to Account No. 03210410-6806- 04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks). 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: FISCHER-ULMAN CONSTRUCTION, INC. 915 South Midpark Drive Appleton, WI 54915 JANUARY 10, 2023 23-05 RESOLUTION CONT’D Net Increase to Contract: (+$4,718.76) PURPOSE: See attached Change Order. Acct. Nos. 03210410-6806-04006 Contract Control-Sidewalk-Annual – Concrete Sidewalks 03210410-6806-04126 Contract Control-Sidewalk-Annual – New Sidewalk Ordered In 05411867-6401-08673 Water Distribution Maintenance-Contractual Services-Maint-Mains 05411867-6401-08675 Water Distribution Maintenance-Contractual Services-Maint-Services I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-06 Sidewalk Rehab\Project_Information\Correspondence\Memo\22-06 Memo for CO #1 (Final) & Amend CIP_1-5-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: January 5, 2023 RE: Approve CIP Budget Amendment and Change Order No. 1 for Public Works Contract No. 22-06 Concrete Sidewalk (New and Rehabilitation) / Fischer-Ulman Construction, Inc. (+$4,718.76) BACKGROUND Change Order No. 1 (Final) for Contract 22-06 is scheduled for consideration by the Common Council at the January 10, 2023 meeting. The Contract was originally awarded to Fischer-Ulman Construction, Inc. in January of 2022. This change order is for additional services requested by the City and to ad just quantities to match the necessary installation in the field. ANALYSIS Following is a summary of the significant changes to each section of the Capital Improvement Program (CIP):  Sidewalk – In excess of $70,000 in extra sidewalk was added to the Contract for requests for hazardous walk rehabilitation, requests from the Oshkosh Area School District, and miscellaneous other City work that was not accounted for in the original Contract Specifications. Additionally, there was $30,000 of work to realign sidewalk on the right-of-way line through driveways in the Ferry Crossing Neighborhood area. Also, final quantities were adjusted to match field conditions.  Water Utility Operating Budget – Final quantities were adjusted to match field conditions. I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-06 Sidewalk Rehab\Project_Information\Correspondence\Memo\22-06 Memo for CO #1 (Final) & Amend CIP_1-5-23.docx Page 2 of 2 FISCAL IMPACT Contract Section Change Order Amount Estimated Total Construction Costs CIP Budget/ Transferred Amount CIP - Sidewalk $101,906.88 $1,301,967.91 $1,302,671 CIP - Sidewalk (New Walk Ordered In)-$5,683.75 $24,270.68 $70,000 Water Utility Operating -$91,504.37 $210,012.50 $304,262 Total $4,718.76 $1,536,251.09 $1,676,933 Funding for a portion of the CIP – Sidewalk portion of this Change Order ($70,555.16) is available from Account #03210410-6806-04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. Funding for the CIP – Sidewalk (New Walk Ordered In) portion of this Change Order is in the 2022 CIP (Account #03210410-6806-04126/Contract Control- Sidewalk-Annual – New Sidewalk Ordered In). Funding for the Water Utility patches is included in the 2022 Water Utility Operating Budget (Account No. 05411867-6401- 08673/Water Distribution Maintenance-Contractual Services-Maint-Mains and 05411867-6401-08675/Water Distribution Maintenance-Contractual Services-Maint- Services). Funding for the CIP Sidewalk portion of this Change Order is available from CIP projects which have come in under budget:  $32,115.93 will be transferred from Account No. 03210410-6806-04105/Contract Control-Sidewalk-21-05 Ceape Avenue Reconstruction to Account No. 03210410- 6806-04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. RECOMMENDATIONS I recommend approval of Change Order No. 1 (Final) to Contact No. 22-06 in the amount of +$4,718.76 to Fischer-Ulman Construction, Inc. and the transfer of CIP funds. Approved: Mark A. Rohloff City Manager JLG/tlt CONTRACT 22-06 CHANGE ORDER #1 (FINAL) 22-06 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1011 Clearing; complete as specified Inch Diameter 8.00 0.00 -8.00 $50.00 ($400.00) 1021 Grubbing; complete as specified Inch Diameter 8.00 0.00 -8.00 $50.00 ($400.00) 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 90,000.00 103,996.80 13996.80 $2.00 $27,993.60 1308 7" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 2,000.00 999.00 -1,001.00 $76.00 ($76,076.00) 1318 8" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 200.00 859.48 659.48 $80.00 $52,758.40 1319 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 specified Square Yards 500.00 370.47 -129.53 $86.00 ($11,139.58) 1328 9" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 200.00 248.56 48.56 $90.00 $4,370.40 1360 Adjust manholes and inlets; complete as specified Each 10.00 10.00 $400.00 1370 Turf restoration; complete as specified Square Yards 400.00 620.07 220.07 $12.00 $2,640.84 1372 Restore gravel driveway/apron; complete as specified Square Yards 275.00 0.00 -275.00 $15.00 ($4,125.00) 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 400.00 623.44 223.44 $1.50 $335.17 Page 1 of 3 CONTRACT 22-06 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 400.00 210.23 -189.77 $1.50 ($284.66) 1384 Cold weather covering (concrete pavement) - double visquine with 6" hay; complete as specified Square Yards 100.00 0.00 -100.00 $3.00 ($300.00) 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 500.00 0.00 -500.00 $10.00 ($5,000.00) 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 250.00 0.00 -250.00 $14.00 ($3,500.00) 1428 18" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 100.00 189.10 89.10 $70.00 $6,237.00 1438 24" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 1,000.00 251.20 -748.80 $68.00 ($50,918.40) 1448 30" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 225.00 234.20 9.20 $70.00 $644.00 1460 Sidewalk curb; complete as specified Linear Feet 100.00 232.20 132.20 $55.00 $7,271.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 65,000.00 66,643.59 1643.59 $5.10 $8,382.32 1500A 4" concrete sidewalk with 3" CABC and grading; in existing subdivisions and new walk ordered in; complete as specified Square Feet 2,917.00 2,189.60 -727.40 $5.75 ($4,182.55) 1502 4" concrete sidewalk with 3" CABC and grading; water dept. locations; complete as specified Square Feet 4,600.00 867.61 -3,732.39 $9.00 ($33,591.51) Page 2 of 3 CONTRACT 22-06 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 40,000.00 54,148.46 14148.46 $5.85 $82,768.49 1510A 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; in existing subdivisions and new walk ordered in; complete as specified Square Feet 1,693.00 175.54 -1,517.46 $6.25 ($9,484.13) 1512 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; water dept. locations; complete as specified Square Feet 1,500.00 539.94 -960.06 $10.00 ($9,600.60) 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 500.00 3,452.82 2952.82 $8.50 $25,098.97 1540 Curb ramp detectable warning field (natural/non- painted); complete as specified Square Feet 510.00 862.20 352.20 $40.00 $14,088.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 1,480.00 378.60 -1,101.40 $3.50 ($3,854.90) 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy-coated; complete as specified Each 8,000.00 8,731.00 731.00 $10.00 $7,310.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 500.00 0.00 -500.00 $10.00 ($5,000.00) 1700 Sawing existing pavement; complete as specified Linear Feet 2,045.00 1,493.30 -551.70 $8.00 ($4,413.60) 1720 Profile saw cut concrete curb; complete as specified Linear Feet 150.00 0.00 -150.00 $70.00 ($10,500.00) 1800 Base aggregate dense; 3/4"; complete as specified Tons 200.00 0.00 -200.00 $17.00 ($3,400.00) 1915 5" asphaltic surface MT with 6" CABC and grading; complete as specified Square Yards 250.00 0.00 -250.00 $75.00 ($18,750.00) 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 510.00 773.22 263.22 $75.00 $19,741.50 SECTION I (BID ITEMS 1011 - 1916) - SUBTOTAL:$259,639.69 ($254,920.93) NET INCREASE TO SECTION I:$4,718.76 $4,718.76NET INCREASE TO CONTRACT: Page 3 of 3 JANUARY 10, 2023 23-06 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE INTER-AGENCY AGREEMENT BETWEEN WINNEBAGO COUNTY AND CITY OF OSHKOSH FOR TYPE II HAZARDOUS MATERIAL (HAZMAT) RESPONSE SERVICES FOR 2023 INITIATED BY: FIRE DEPARTMENT WHEREAS, the Oshkosh Fire Department provides hazardous material response services through contract with the State of Wisconsin Department of Military Affairs, Division of Emergency Management; and WHEREAS, the Oshkosh Fire Department has previously provided county wide hazardous material response services through Agreement with Winnebago County; and WHEREAS, Winnebago County has requested the Oshkosh Fire Department to continue to provide these services within the County for calendar year 2023. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with Winnebago County for Hazardous Materials Response Services from January 1, 2023 through December 31, 2023 is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: January 2, 2023 RE: Renewal of Winnebago County and City of Oshkosh Inter-Agency Agreement for Haz-Mat Response Services BACKGROUND The Oshkosh Fire Department has historically had an Inter-Agency Agreement between the Winnebago County and the City of Oshkosh For Type II Hazardous Material Response Services. ANALYSIS This would be a renewal for 2023 to continue the agreement to participate in the Winnebago County Haz-Mat Emergency Response Plan. The Oshkosh Fire Department would continue to provide initial emergency response to hazardous substance releases to assist fire districts within the County when requested. FISCAL IMPACT The Oshkosh Fire Department will be compensated through the Local Emergency Planning Committee (LEPC) budget for the purpose of Haz-Mat equipment at the rate of $9,000.00 per year. These funds will be deposited in account 0235-0230-4240. RECOMMENDATION The recommendation would be that Common Council approve continuing this agreement with Winnebago County so that we can continue to this mutually beneficial relationship. Respectfully Submitted, Approved: Mike Stanley Mark Rohloff Fire Chief City Manager INTER-AGENCY AGREEMENT BETWEEN WINNEBAGO COUNTY AND CITY OF OSHKOSH FOR TYPE II HAZARDOUS MATERIAL (HAZMAT) RESPONSE SERVICES January 1, 2023 – December 31, 2023 THIS AGREEMENT is entered into pursuant to the authority provided by Section 66.0301, Wisconsin Statutes, as to inter-governmental cooperative agreements; pursuant to Section 323.60, Wisconsin Statues, as to general Emergency Response requirements and pursuant to Section 323.15, relating to the powers and authority of Emergency Management. WHEREAS, Winnebago County, a municipal corporation, whose address is 112 Otter Avenue, Oshkosh, Wisconsin 54901 (hereinafter referred to as “County”) and the City of Oshkosh, a municipal corporation, whose address is 215 Church Avenue, Oshkosh, Wisconsin 54901, (hereinafter referred to as “City”) desire to enter into an inter-governmental agreement regarding TYPE II Hazardous Material (HAZMAT) Response Services; and WHEREAS, County desires to provide fiscal resources as herein specified in this agreement and in order to enhance the county-wide use of City’s HAZMAT Response Team by County; and WHEREAS, City is able and willing to provide such services in accordance with its hazardous material plan, upon the request of the Local Emergency Planning Committee (hereinafter referred to as “LEPC”) or the Winnebago County Emergency Management Director, as its designee. NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is acknowledged by each party for itself, the COUNTY and CITY do agree as follows: I. DEFINITIONS 1.01 HAZARDOUS SUBSTANCE: A “hazardous substance” is as defined pursuant to Section 42 U.S.C.A. Sec. 9601(4) or those substances designated by the administrator of the U.S. Environmental Protection Agency, pursuant to 42 U.S.C.A. Sec. 9602(a), as such Statutes and shall include, but not shall be limited to, flammable liquids or substances. 1.02 SUBSTANCE RELEASE: “Substance Release” is defined as the release or spill of a hazardous substance as defined in Sec. 1.01 of this agreement. 1.03 SUBSTANCE RELEASE RESPONSE: “Substance Release Response” is defined as those activities undertaken by and authorized by the City’s HAZMAT Response Team throughout Winnebago County at the request of the LEPC or Emergency Management Director or designees to provide adequate emergency response to hazardous substance release. 1.04 CITY HAZMAT RESPONSE TEAM: The Fire Chief or his designee shall supervise and direct operations of the City Response Team. II. PURPOSE OF AGREEMENT 2.01 It is the intended purpose of the parties to this agreement to develop a HAZMAT Plan for County-Wide HAZMAT Emergency Response and to provide HAZMAT Response Team services to fire districts throughout Winnebago County. Such services shall be limited to an initial emergency response to hazardous substance release. III. EMERGENCY RESPONSE FUNDING 3.01 During the term of this agreement, County shall provide through its LEPC Budget matching funds to the City for the purpose of purchasing HAZMAT equipment. Said funding shall be contingent upon County receiving sufficient funding from the State for that specific purpose. Funding by County to City pursuant to this agreement shall be $9,000.00 per year. IV. TERM 4.01 The term of this agreement shall commence on the 1st day of January, 2023 and shall terminate as of the end of the day on the 31st day of December, 2023. 4.02 This agreement may be renewed by the parties, upon the mutual agreement of both parties, on a year by year basis. 4.03 This agreement may be renegotiated upon written notice by either party to the opposite party on or before June 30 of any agreement year. The parties hereto agree to renegotiate in good faith the terms and conditions of this agreement. 4.04 Written notice of non-intent to renew this agreement shall be provided by the terminating party to the opposite party on or before October 31 of any calendar year when this agreement is in effect. V. FAILURE TO APPROPRIATE FUNDS 5.01 The failure of Winnebago County Board of Supervisors to appropriate sufficient funds in any year covered by this agreement shall be cause for automatic termination of this agreement. VI. HOLD HARMLESS AND INDEMNIFICATION 6.01 City agrees to at all times during the term of this agreement, indemnify, save harmless and defend the County, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss, damages, costs or expenses, whether personal injury or property damage, which the County, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of the provider furnishing the services or goods required to be provided under this agreement, provided, however, that the provisions of this Section shall not apply to liabilities, losses, charges, costs or expenses caused by or resulting from the acts or omissions of the County, its agencies, boards, commissions, officers, employees or representatives. 6.02 County agrees to at all times during the term of this agreement, indemnify, save harmless and defend the City, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss, damages, costs or expenses, whether personal injury or property damage, which the City, its officers, employees, agencies, boards, commissions and representatives may sustain, incur, be required to pay by reason of any negligent acts, errors or omissions of the County, pursuant to this agreement, provided however, that the provisions of this Section shall not apply to liabilities, losses, charges, costs of expenses caused by or resulting from the acts or omissions of the City, its agencies, boards, commissions, officers, employees or representatives. VII. DISCRIMINATION 7.01 During the term of this agreement the parties mutually agree not to discriminate against any person, whether a recipient of services (actual or potential), an employee, or an applicant for employment on the basis of race, religion, sex, handicap, national origin, age, cultural differences, sexual preference, marital status, or physical appearance. Such equal opportunity shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, rates of pay, or any other form of compensation. VIII. ENTIRE AGREEMENT 8.01 The entire agreement of the parties is contained herein and this agreement supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the CITY and the COUNTY have executed this agreement on the _ day of _______________, 2022. CITY OF OSHKOSH (“CITY”) WINNEBAGO COUNTY (“COUNTY”) By: ___________________________ By: __________________________ Mark Rohloff, City Manager Jon Doemel, County Executive By: __________________________ By: __________________________ Pam Ubrig, City Clerk Susan Ertmer, County Clerk By: __________________________ Russ Van Gompel, City Finance Director By: __________________________ Mike Stanley, City Fire Chief Drafted by: John Bodnar Corporation Counsel for Winnebago County Redrafted 1/2/98 Amended Signature Lines 3/14/19 HZMTCNTR JANUARY 10, 2023 23-07 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT TO PURCHASE AGREEMENT WITH T. WALL ENTERPRISES DEVELOPMENT, LLC FOR REDEVELOPMENT OF THE PROPERTY LOCATED AT 43 EAST 7TH AVENUE INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, on January 11, 2022, the Common Council approved a Purchase Agreement with T. Wall Enterprises Development, LLC for the purchase and redevelopment of the property located at 43 East 7th Avenue; and WHEREAS, on November 9, 2022, the Common Council approved an amendment to said Purchase Agreement to extend the contingency period to January 15, 2023; and WHEREAS, T. Wall Enterprises Development, LLC is requesting a second amendment to said Purchase Agreement to extend the contingency period to February 28, 2023. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the amendment to the Purchase Agreement with T. Wall Enterprises Development, LLC for the purchase and redevelopment of the property located at 43 East 7th Avenue, per the attached, is hereby approved, and the proper City officials are authorized to carry out all actions necessary to implement the City's obligations under the amended Purchase Agreement. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Community Development Director DATE: January 5, 2023 RE: Approve Amendment to Purchase Agreement with T. Wall Enterprises Development, LLC for Redevelopment of Property Located at 43 East 7th Avenue BACKGROUND On January 11, 2022, the Common Council approved a purchase agreement with T. Wall Enterprises Development, LLC for the redevelopment of the property located at 43 East 7 th Avenue. The Common Council approved an amendment to the purchase agreement on November 9, 2022 to extend the contingency period to January 15, 2023. ANALYSIS T. Wall Enterprises Development, LLC is requesting a second amendment to the agreement to extend the contingency period from January 15, 2023 to February 28, 2023 to allow for additional time to finalize the remediation plan on site and approve the Development Agreement and Ground Lease. The Development Agreement is scheduled to be placed on a Council agenda for consideration by the end of February 2023 and the Developer will start construction in S pring 2023. RECOMMENDATIONS The Common Council approves the amendment to the purchase agreement with T. Wall Enterprises Development, LLC for the redevelopment of the property located at 43 East 7th Avenue and authorizes staff to execute said purchase agreement and take those steps necessary to implement the terms and conditions of the agreement. Respectfully Submitted, Approved, Kelly Nieforth Mark A. Rohloff Community Development Director City Manager JANUARY 10, 2023 23-08 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: AWARD BID TO AIRGAS USA, LLC FOR 2023 LIQUID OXYGEN FOR THE WATER FILTRATION PLANT ($93,600.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for an estimated 180,000 gallons of liquid oxygen for the Water Filtration Plant; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: AIRGAS USA, LLC 3400 N Executive Ave Appleton, WI 54911 $.52/gal. Estimated Total: $93,600.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 541-1810-1507-00000 2023 Water Filtration Plant Operating Budget City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: December 30, 2022 RE: Award Bid to Airgas USA, LLC for 2023 Liquid Oxygen for the Water Filtration Plant ($93,600.00) BACKGROUND This is a one-year bid for 2023 for liquid oxygen used at our Water Filtration Plant. Liquid oxygen is used in the production of ozone as a drinking water disinfectant in the water treatment process. ANALYSIS Working in conjunction with Water Filtration personnel, Purchasing reviewed and prepared proposals seeking vendors for this chemical. Bids were due December 16, 2022. The bid tab is attached. After comparing vendor unit prices based on projected consumption, Purchasing and Water Filtration staff concluded the sole bid met the minimum bid specifications. FISCAL IMPACT Based on the estimated usage of 180,000 gallons per year and Airgas’s bid of $.52/gallon, the estimated 2023 fiscal impact of the liquid oxygen is $93,600.00. Factoring fuel surcharges, delivery charges and certificate of analysis fees from an average of 40 deliveries annually, staff estimates the total fiscal impact for this product will be approximately $106,027.00. Funding for liquid oxygen will be charged to the 2023 Water Filtration Plant Operating Budget A/N#: 541- 1810-1507-00000. RECOMMENDATION Purchasing recommends the Council award the 2023 liquid oxygen bid to Airgas USA, LLC. If there are any questions on these bids please contact Public Works Director James Rabe or myself. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager VENDOR INFORMATION Airgas USA LLC BID INFORMATION 3400 N Executive Ave Appleton WI 54911 $.52/gl. BID 180,000 gallons $93,600.00 DELIVERY CHARGE $120.00 CERTIFICATE OF ANALYSIS COST $100.00 FUEL SURCHARGE $90.67 per delivery TERMS Net 30 Days BID TAB 2023 BIDS FOR LIQUID OXYGEN FOR OSHKOSH WATER FILTRATION PLANT BIDS OPENED DECEMBER 16, 2022 CITY OF OSHKOSH JANUARY 10, 2023 23-09 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: Award Bid to Custom Restoration Inc. for Water Intrusion Remediation for Water Distribution Center ($12,350.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for Water Intrusion Remediation for the Water Distribution Center; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: CUSTOM RESTORATION, INC. PO Box 129 Sussex, WI 53089-0129 Total: $12,350.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 03221810 7214 64001 Buildings City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: December 30, 2022 RE: Award Bid to Custom Restoration Inc. for Water Intrusion Remediation for Water Distribution Center ($12,350.00) BACKGROUND The 2021 CIP allocated $90,000.00 to address various water intrusion issues at the City’s Water Distribution (WD) Building. In November, 2021 the City engaged Donohue & Associates to assess the issues, provide bid specifications and coordinate construction management after bid award. Donohue’s assessment recommended various envelope repairs to prevent water from getting into the building. Donohue’s recommended repairs included the application of water proofing sealer to the outside walls, coating the lintels, additional caulking around the windows and repairing some flashing around the roof. ANALYSIS Working with staff from WD and Donohue, Purchasing prepared bid specifications for the water intrusion remediation repairs as noted above. The bid was posted on Onvia DemandStar. Bids were due December 27, 2022. The bid tab is attached. Based on the bid review, it was the consensus of staff that sole bid met the minimum bid requirements. FISCAL IMPACT The fiscal impact of this bid is $12,350. Including Donohue’s fees of $17,910.00 the total fiscal impact for this project is $30,260.00. The 2021 CIP allocated $90,000 for this project. This project will be charged to A/N# 03221810 7214 64001 (Buildings). RECOMMENDATION Purchasing recommends the Common Council award this bid to Custom Restoration Inc. for $12,350.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager VENDOR INFORMATION BID ADDENDUM 1 OF 1 PREQUAL BID BOND Custom Restoration Inc PO Box 129 $12,350.00 YES X N/A Sussex WI 53089-0129 CITY OF OSHKOSH BID TAB WATER INTRUSION REMEDIATION CITY OF OSHKOSH WATER DISTRIBUTION CENTER BIDS DUE DECEMBER 27, 2022 JANUARY 10, 2023 23-10 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PURCHASE OF 2023 WATER METERS AND TRANSMITTERS FROM CORE AND MAIN FOR WATER UTILITY DIVISION ($808,320.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the Water Utility Division has standardized upon a Sensus water meter reading system and it is necessary to order meters and associated transmitters to replace meters that fail, are old or require updating, and WHEREAS, Core & Main is our provider for the replacement of the water meters and transmitters for 2023; and WHEREAS, section 12-11 of the Oshkosh Municipal Code allows for the purchase of materials or equipment without following formal bidding or quotations processes when standardization is required and when there is only one source of supply of such materials or equipment. 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 purchase water meters and transmitters from: CORE & MAIN 15655 West Rogers Drive New Berlin, WI, 53151 Total: $808,320.00 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 05411892-7204-00000 Machinery and Equipment- Sensus Water Meters and Transmitters City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: December 30, 2022 RE: Approve Purchase of 2023 Water Meters and Transmitters from Core and Main for Water Utility Division ($808,320.00) BACKGROUND On September 13, 2006 the Common Council approved waiving bids for a new Sensus water meter reading system utilizing wireless technology. This approval included the annual purchase of Sensus water meters/transmitters as needed until all equipment is installed system- wide. The Sensus water meters track residential and commercial water consumption by transmitting report usage on an hourly basis to the system’s infrastructure. As of 2017 all active areas in the system were updated. In 2022 the Public Service Commission approve a construction authorization process for the Water Utility Division to begin replacing approximately 14,000 brass water meters within the next 10 years. This effort is to remove the “low lead” brass water meters and replace them with Sensus plastic water meters with no moving parts for the metering process. These new plastic smart water meters come with a 20 year warranty on battery life and accuracy rating. ANALYSIS The Water Utility Division secured a proposal from Core and Main, the exclusive authorized distributor for Sensus meters and transmitters in the State of Wisconsin, for the anticipated Sensus water meters and associated transmitter equipment needs required to continue this upgrade in 2023. The 2023 proposal includes 1,800 - ¾” Iperl meters, 1,160 - 5/8” Iperl meters, 66 - 1” Iperl meters, 1,944 Single Port transmitters, and 108 dual port transmitters. This bid also includes 10 – 1.5” OMNI meter, 5 – 2” OMNI meter, 3 – 3” Omni meter, 3 – 4” Omni meter and other miscellaneous water meter repair parts. FISCAL IMPACT The total fiscal impact of the 2023 meter and transmitter purchases will be $808,320.00. The equipment will be purchased from the Water Utility-Meter Inventory account: 05411892-7204- 00000 (Machinery and Equipment- Sensus Water Meters and Transmitters). RECOMMENDATION Section 12-11 of the Municipal Code provides that subject to approval of the City Manager, purchases may be made without following a formal competitive bidding process when the purchase is from only one source of supply or when standardization or compatibi lity is the overriding consideration. In accordance with Section 12-11 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve this Sensus water meters/transmitters purchase from Core & Main, 15655 West Rogers Drive, New Berlin, WI, 53151, in the amount of $808,320.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager JANUARY 10, 2023 23-11 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / OTTER STREET FISHING CLUB / UTILIZE MENOMINEE PARK & MILLERS BAY FOR THE OTTER STREET WINTER FISHEREE & POND HOCKEY EVENT / FEBRUARY 1-5, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Otter Street Fishing Club (Jim Erdman) to utilize the Menominee Park and Millers Bay on Wednesday, February 1 from 8:00 a.m. through 12:00 p.m. Sunday, February 5, 2023 (actual event time: Saturday, February 4 from 9:00 a.m. to 11:00 p.m.) for the Otter Street Winter Fisheree and Pond Hockey event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. An exception to the provision of 4-24 (B)(6) of the City of Oshkosh Municipal Code to allow the sales of alcoholic beverages after 9:00 p.m. on the condition that such sales shall cease no later than 10:30 p.m. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $382.22 (preliminary estimate includes 70 Auxiliary hrs., 2 CSO hrs. & 4 Supervisor Sgt. hrs.) JANUARY 10, 2023 23-11 RESOLUTION CONT’D Police Continued Equipment/Vehicles $32.10 (preliminary estimate includes dedicated use of vehicles for setup and pick up of no parking signs and barricades) Supplies/Materials $16.50 (preliminary estimate includes use of no parking signs & cones) Fire Inspection $62.73 – $125.46 (preliminary estimate includes dedicated staff for inspection of temporary structures) Public Works Staffing $31.92 (preliminary estimate includes dedicated staff for the delivery and pick up of barricades and signs) Equipment/Vehicles $22.99 (preliminary estimate includes dedicated use of vehicle and trailer for delivery and pick up of barricades and signs) Supplies/Materials $33.00 (preliminary estimate includes use of barricades and signs) JANUARY 10, 2023 23-12 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / UW OSHKOSH STUDENT RECREATION &WELLNESS CENTER / UTILIZE RIVERWALK & CITY STREETS FOR THE UW OSHKOSH SHAMROCK SHUFFLE 5K RUN-WALK MARCH 11, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to UW-Oshkosh Student Recreation (Greg Batten) to utilize the Riverwalk and City streets (Pearl Ave., Rockwell Ave., Osceola St., Elmwood Ave., and Vine St.) on Saturday, March 11, 2023 from 8:00 a.m. to 12:00 p.m. (actual event time 10 a.m. – 11:30 a.m.), for the UW-Oshkosh Shamrock Shuffle 5K Run/Walk, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Department Staffing $329.40 (preliminary estimate includes 2 CSO hrs. and 5 Supervisor hr.) Equipment / Vehicle $16.05 (preliminary estimate includes 1 hrs. dedicated use of police vehicles) JANUARY 10, 2023 23-12 RESOLUTION CONT’D Supplies / Materials $16.50 (preliminary estimate includes use of no parking signs) Public Works Staffing $31.92 (preliminary estimate includes dedicated staffing of 1 hr. for the delivery & pick up of barricades and signs) Equipment / Vehicle $22.99 (preliminary estimate includes 1 hr. of dedicated use of a vehicle for delivery & pick up of barricades and signs) Supplies / Materials $22.00 (preliminary estimate includes use of barricades and signs) JANUARY 10, 2023 23-13 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / OTTER STREET FISHING CLUB / UTILIZE MENOMINEE PARK MILLERS BAY, GAZEBO AREA AND CRUISER DOCKS FOR THE OTTER STREET WALLEYE TOURNAMENT JUNE 16-18, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Otter Street Fishing Club (Jim Erdman) to utilize the Menominee Park from 12 noon, Thursday, June 16, through 10:00 p.m. Sunday, June 18, 2023 (actual event times: Friday, June 16 from 12:00 p.m. to 8:00 p.m.; Saturday, June 17, from 5:00 a.m. to 9:00 p.m. and Sunday, June 18, from 5:00 a.m. to 9:00 p.m.) for the Otter Street Walleye Tournament in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $16.47 (preliminary estimate includes 1 CSO hr.) Equipment/Vehicle $16.05 (preliminary estimate include 1 hr. vehicle use) JANUARY 10, 2023 23-14 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / OTTER STREET FISHING CLUB / UTILIZE MENOMINEE PARK & AMES POINT FOR THE OTTER STREET KIDS FISHEREE AUGUST 12, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Otter Street Fishing Club (Scott Engel) to utilize the Menominee Park and Ames Point for the Otter Street Kids Fisheree Saturday, August 12, 2023 from 10:00 a.m. to 2:00 p.m. in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None JANUARY 10, 2023 23-15 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / WISCONSIN WATERFOWL ASSOCIATION / TO HOLD THE WATERFOWL HUNTERS EXPO AT SUNNYVIEW EXPOSITION CENTER/ AUGUST 26, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Wisconsin Waterfowl Association (Bruce Ross) to hold the Waterfowl Hunter Expo at Sunnyview Exposition Center on Saturday, August 26, 2023 for in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. An exception to Ordinance 17-4 (A) of the City of Oshkosh Municipal Code has been approved by the Chief of Police to discharge a firearm within the limits of the City of Oshkosh for the purpose of having a temporary outdoor shooting range as part of the event; B. An exception to Ordinance 17-5 (A) of the City of Oshkosh Municipal Code has been approved by the Chief of Police to shoot or discharge a box, which propels or projects an arrow or similar projectile for the purpose of a temporary archery range as part of the event; C. An exception to Ordinance 17-5 (B) of the City of Oshkosh Municipal Code has been approved by the Chief of Police to shoot or discharge a pellet gun for the purpose of a temporary shoot range as part of the event. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None JANUARY 10, 2023 23-16 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / ALZHEIMER’S ASSOCIATION / UTILIZE MENOMINEE PARK FOR THE WALK TO END ALZHEIMER’S EVENT/ SEPTEMBER 23, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Alzheimer’s Association (Rosanna Aulik) to utilize Menominee Park on Saturday, September 23, 2023 from 5:00 a.m. to 12:00 p.m. (actual event time 9:45 a.m. to 11:00 a.m.) for the Walk to End Alzheimer’s event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $344.41 (preliminary estimate includes 4 CSO hr. & officer hrs.) JANUARY 10, 2023 23-17 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: REDEVELOPMENT AUTHORITY TRAFFIC AND PARKING ADVISORY BOARD 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. thank you letter 5.31.19 term.docx Date: January 5, 2023 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the January 10, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. REDEVELOPMENT AUTHORITY Adam Bellcorelli – seat 1 TRAFFIC AND PARKING ADVISORY BOARD Baron Perlman – seat 6 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, December 14, 2022 11:25 AM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:12/14/2022 11:24:51 AM Board/Commission Redevelopment Authority Name (Last, First, Middle) Address City State Zip Adam Bellcorelli 1624 Western St Oshkosh, WI 54901 Employer Occupation: East Central WI Regional Plan COmmission Transportation Planner 18 Years of Age or Older Yes Home Phone (309) 310-4281 Business Phone (309) 310-4281 Email Address betteroshkosh@gmail.com Cell Phone (309) 310-4281 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 17 Education: Masters in Public Administration from UW Oshkosh (2015) Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: I would recuse myself from votes dealing with hiring ECWRPC for planning activities. List City boards, commissions or committiees on which you have served: Years: Bicycle & Pedestrian Advisory 8 Long Range Finance 2 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? Winnebago County Rethink Coalition, Fox Valley Thrives, Read Elementary PTO Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would take equity and opportunity into account in all redevelopment issues. I also believe in improving access to essential life activities for everyone in Oshkosh. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Monday, December 19, 2022 12:04 PM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:12/19/2022 12:04:22 PM Board/Commission Traffic and Parking Advisory Board Name (Last, First, Middle) Address City State Zip Baron Perlman 664 Bowen Street Oshkosh, WI 54901 Employer Occupation: UWO Retired - Former Professor 18 Years of Age or Older Yes Home Phone (920) 231-0991 Business Phone (920) 231-0991 Email Address baronperlman@gmail.com Cell Phone (865) 274-6177 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 47 Education: BA - Lawrence University MA - Michigan State University (Clinical Psychology) PhD - Michigan State University (Clinical Psychology) Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: None List City boards, commissions or committiees on which you have served: Years: LandMark Commission 5 Library Board of Trustees 2 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? Longtime resident of Oshkosh. Always interested in the city. Have observed streets and parking as a driver/resident. Experienced board member. Please write a concise statement which describes why you wish to serve on the above Board/Commission. Read all materials before meetings. Listen closely to staff recommendations and explanations. Share issues with other residents of Oshkosh and ask for opinions. Try to make decisions that best serve Oshkosh residents. JANUARY 10, 2023 23-18 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE DESIGNATION FOR POLLING SITE DISTRICT 7 INITIATED BY: CITY CLERK WHEREAS, the District 7 polling site located at the Culver Family Welcome Center, 625 Pearl will be relocated to Reeve Memorial Union, 748 Algoma Boulevard within the City of Oshkosh as the road construction that limited access to Reeve Memorial Union during the fall 2022 elections has been completed; and WHEREAS, Reeve Memorial Union will provide space within the UWO facility located at 748 Algoma Boulevard for the purpose of conducting elections and this facility is ADA compliant, has available parking, and provides a nearby location for the voters of this district. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the District 7 polling site be changed to the Reeve Memorial Union, 748 Algoma Boulevard in the City of Oshkosh. City Clerk – Jessi L. Balcom City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jessi L. Balcom, City Clerk DATE: January 6, 2023 RE: Approve Designation for Polling Site District 7 BACKGROUND State statutes require cities such as the City of Oshkosh to adopt a municipal voting ward plan, establishing voting districts and select a polling site for each district. These requirements were met following the completion of the 2020 Federal Census. ANALYSIS Current polling sites were established in 2021. Generally, it is important to have facilities that have larger rooms or spaces that can accommodate several tables, our election equipment and are easily accessible for public use. Due to the reconstruction of Algoma Boulevard this past year, it was necessary to relocate District 7’s polling location from Reeve Memorial Union, 748 Algoma Boulevard to the Culver Family Welcome Center at 625 Pearl Avenue. The road construction is now complete and the polling location for District 7 will move back to Reeve Memorial Union starting with the February 21, 2023 Spring Primary Election. FISCAL IMPACT There may be minimal cost to educate voters of the community of their new polling location which will be absorbed into the election budget. RECOMMENDATION City Clerk recommends the Common Council approve the reassignment of the polling site for voting district 7. Respectfully submitted, Approved: Jessi L. Balcom Mark A. Rohloff City Clerk City Manager JANUARY 10, 2023 23-19 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION “CLASS A” LICENSE, COMBINATION “CLASS B” LICENSE, SPECIAL “B” LICENSE & OPERATOR LICENSES INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: JANUARY 10, 2023 23-19 RESOLUTION CONT’D AGENT CHANGE COMBINATION “CLASS A” LICENSE (JANUARY 10, 2023 – JUNE 30, 2023) KWIK TRIP #741 (KWIK TRIP, INC.)……………………………215 W. 20TH AVE. Agent: Jeffrey Bork, 307 W. Cedar St. Hortonville, WI COMBINATION “CLASS B” LICENSE NAME AND ADDRESS: LOCATION OF PREMISES: THE LYONS DEN……..……………………………………….…760 W. 6TH AVE. Agent: Erik Gunderson, 313 Bay St. Oshkosh, WI NAME AND ADDRESS: LOCATION OF PREMISES: WATER CITY PUB……..……………………………………….…216 N. Main St. Agent: Anthony Mirek, 943 Honeycreek Road, Oshkosh, WI “CLASS B” FERMENTED MALT BEVERAGE LICENSE NAME AND ADDRESS: LOCATION OF PREMISES: GLOW IN THE PARK INDOOR MINI GOLF………………...300 S. Koeller, Suite B Agent: Joshua Holz, 240 Algoma Blvd. JANUARY 10, 2023 23-19 RESOLUTION CONT’D SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Special Olympics Wisconsin…………………………………......February 11, 2023 Person in Charge: Jared Porter 8:30 am – 7:00 pm Event Name: Polar Plunge Oshkosh 520 Pratt Trail ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Otter Street Fishing Club….…………………………………......February 4, 2023 Person in Charge: Scott Engel 10:00 am – 11:00 pm Event Name: Otter Street Winter Fisheree Millers Bay ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: O.S.F.C. – Battle on Bago…..……………………………June 16, 2023 – 4:00 pm – 8:00 pm Person in Charge: Scott Engel June 17, 2023 - 12:00 pm – 6:00 pm June 18, 2023 - 12:00 pm – 6:00 pm Event Name: Otter Street Walleye Tour Area between Millers Bay and the Lagoon OPERATOR (BARTENDER) LICENSES (EXPIRES: JUNE 30, 2024) SEE EXHIBIT A OPERATOR LICENSES EXHIBIT A LASTNAME FIRSTNAME ST_ADDRESS CITY ASHTON ASHLEY 4547 S. HWY 45 OSHKOSH CLARK ASHLEY 2665 WISCONSIN ST. OSHKOSH CLARK PERRY W7079 APOLLO AVE FOND DU LAC CROSSMAN PETER 1504 PLUMMER ST. OSHKOSH FRANZEN MELISSA 841 W 11TH AVE. OSHKOSH GERL III DANIEL 901 BISMARCK OSHKOSH JANSEN BENNETT 923 JACKSON ST. OSHKOSH LEWIS MATTHEW 1709 ROBIN AVE R301 OSHKOSH MCLEAN TODD 120 HURON AVE OSHKOSH MOSS DAVID 265 S. WESTHAVEN DR. APT J207 OSHKOSH SAYAVEDRA JANESSA 1366 MARICOPA DR. OSHKOSH JANUARY 10, 2023 23-20 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: ADOPT PARKING LOT MAP IN THE RECENTLY RECONSTRUCTED 300 EAST PARKING LOT INITIATED BY: TRANSPORTATION DEPARTMENT TRAFFIC AND PARKING BOARD RECOMMENDATION: APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO ADOPT THE NEW LAYOUT OF THE 300 EAST PARKING LOT WHEREAS, the City has completed reconstruction of the 300 East Parking Lot making it necessary to adopt an updated parking map in Chapter 27 Appendix B to establish parking regulations and designate parking stalls. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. The map for the 300 East Parking Lot within Appendix 27B of the City of Oshkosh Municipal Code are hereby repealed and recreated as attached. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #23-XXX ADOPT PARKING LOT MAP IN THE RECENTLY RECONSTRUCTED 300 EAST PARKING LOT (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ADOPTING THE NEW LAYOUT OF THE 300 EAST PARKING LOT) on January 24, 2023. The ordinance amends parking regulations within the 300 East Parking Lot. JANUARY 10, 2023 23-20 ORDINANCE FIRST READING CONT’D 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 Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director DATE: January 6, 2023 RE: Adopt Parking Lot Maps in the recently reconstructed 300 East Parking Lot BACKGROUND The 300 East Parking Lot was recently reconstructed. The layout is a little bit different than the old lot so the spaces were reconfigured a little bit. The permit and timed parking stall regulations are as close to the previous lot as possible. The Traffic and Parking Advisory Board recommends approval. (6-0) ANALYSIS The new lot resembles the old as much as possible and the regulations are almost identical. FISCAL IMPACT The fiscal impact of this ordinance 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 27B of the Municipal Code pertaining to the parking lot regulations in the 300 East Parking Lot. Respectfully Submitted, Approved: Jim Collins, Transportation Director Mark A. Rohloff, City Manager 31 8 16 300 17 1 2 3 4 5 6 7 2 8 2 7 2 6 2 5 2 4 2 3 2 2 2 1 2 0 13 12 11 10 9 8 14 15 16 17 18 19 S T A T E S T WASHINGTON AV J E F F E R S O N S T User: jeffn P-15 300 East LotP-15 300 East Lot 17 Washington Avenue17 Washington Avenue The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City of Oshkosh, WI Printing Date: 11/7/2022 H:\jeffn\Arc Map Projects\Downtown Parking\P-15 300 East Lot.mxd ¯1 in = 40 ft 1 in = 0.01 mi Private Time - 2 Hour Time - 4 Hour Time - 90 Minute Handicap Leased Parking Permit Parking Reserved Restricted Parking Unrestricted JANUARY 10, 2023 23-21 ORDINANCE FIRST READING (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: RATIFICATION OF DECLARATION OF EMERGENCY FOR THE CITY OF OSHKOSH ISSUED BY THE CITY MANAGER ON DECEMBER 20, 2022 IN RESPONSE TO TEMPORARY CLOSURE OF DAY BY DAY WARMING SHELTER AND DECLARATION OF END OF EMERGENCY INITIATED BY: CITY ADMINISTRATION Whereas, the Day by Day Warming Shelter informed the City of Oshkosh and Winnebago County late on Monday, December 19th that it planned to close from December 21, 2022 thru January 8, 2023 and would not provide any sheltering services during this time; and Whereas, during this period, severe weather was expected within the City with the National Weather Service reporting blizzard conditions and temperatures dropping below zero; and Whereas, the immediate and unplanned closing of the Day by Day Warming Shelter in conjunction with the severe weather conditions threatened and negatively impacted the life, health, and safety of citizens of and visitors to the City of Oshkosh; and Whereas, the Council was unable to meet with promptness to address this issue immediately and the City Manager, working with the Winnebago County Executive and his staff, declared an Emergency under the authority provided to the City Manager by Chapter 9 of the City of Oshkosh Municipal Code; and Whereas, the initial period for this emergency was declared through January 10, 2023 and Day by Day staff have informed the City that they are prepared to and have resumed regular operation of the shelter facility; and WHEREAS, the actions of the City Manager and staff have adequately addre ssed the emergency and there is no longer a need for the emergency declaration to remain in effect. JANUARY 10, 2023 23-21 ORDINANCE FIRST READING CONT’D NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the actions of the City Manager and staff, working with representatives of Winnebago County and declaring a State of Emergency within the City of Oshkosh in response to the closing of Day by Day Warming Shelter and providing services in support of emergency shelter are hereby ratified and affirmed. BE IT FURTHER RESOLVED that Emergency declared on December 20, 2022, for the purpose of addressing the emergency created by the closing of Day by Day Warming Shelter is hereby ended. This ordinance shall take effect immediately. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #23-XXX RATIFICATION OF DECLARATION OF EMERGENCY FOR THE CITY OF OSHKOSH ISSUED BY THE CITY MANAGER ON DECEMBER 20, 2022 IN RESPONSE TO TEMPORARY CLOSURE OF DAY BY DAY WARMING SHELTER AND DECLARATION OF END OF EMERGENCY on January 10, 2023. The ordinance ratifies the Declaration of Emergency for the City of Oshkosh in response to the closing of Day by Day Warming Shelter and declares an end to the Declaration of Emergency upon return of Day by Day Warming Shelter to regular operation. 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. JANUARY 10, 2023 23-22 ORDINANCE SECOND READING DECEMBER 13, 2022 22-515 ORDINANCE FIRST READING (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE OFFICIAL MAP AMENDMENT FOR THE DELETION OF THE CAMPBELL CREEK STORM DRAINAGE DETENTION AREA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WEST 9TH AVENUE AND SOUTH WASHBURN STREET INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AM ENDING SECTION 30- 440 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE OFFICIAL MAP. WHEREAS, a public hearing, after due and proper notice, was duly held before the Common Council of the City of Oshkosh concerning the adoption of this deletion to the Official Map of the City of Oshkosh, and the Plan Commission having duly recommended the adoption of this Ordinance. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-440 of the Oshkosh Municipal Code pertaining to the Official Map of the City of Oshkosh and its extraterritorial jurisdiction, is hereby amended by deleting the Campbell Creek storm drainage detention area generally located at the southwest corner of West 9th Avenue and South Washburn Street, per the attached Exhibit A, thereby making revisions to the 15th Ward official map on file in the City of Oshkosh Public Works Department. JANUARY 10, 2023 23-22 ORDINANCE SECOND READING DECEMBER 13, 2022 22-515 ORDINANCE FIRST READING CONT’D SECTION 2. Immediately upon these amendments to the Official Map becoming effective, the City Clerk shall file a certified copy of this Ordinance and Exhibit A with the Register of Deeds for Winnebago County showing that the City has amended its official map; and the City of Oshkosh Public Works Department shall file a copy of this Ordinance and the attached Exhibit A with the 15th Ward official map on file in its office, indicating the official map of the City of Oshkosh was amended by action of the Common Council on this date. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and date of publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE OFFICIAL MAP AMENDMENT FOR THE DELETION OF THE CAMPBELL CREEK STORM DRAINAGE DETENTION AREA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WEST 9TH AVENUE AND SOUTH WASHBURN STREET on January 10, 2023. This ordinance deletes the Campbell Creek storm drainage detention area generally located at the southwest corner of West 9th Avenue and South Washburn Street. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website a t www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: December 8, 2022 RE: Approve Official Map Amendment for the Deletion of the Campbell Creek Storm Drainage Detention Area Generally Located at the Southwest Corner of West 9th Avenue and South Washburn Street BACKGROUND The subject site consists of part of four parcels generally located at the southwest corner of West 9th Avenue and South Washburn Street. In 2006, the City approved an Official Map Amendment (Ord. 06-340A) to map the subject site to reserve the land for a storm water detention basin. The City acquired the four parcels and the basin was constructed in 2016. Official mapping is the process by which a municipality can designate or reserve areas for specific public uses for future acquisition and development. Once officially mapped, these areas are essentially treated as right-of-way from a setback perspective and no building permit may be issued for new construction or expansion that does not conform to the location of the official map unless otherwise authorized by the local legislative body. In Wisconsin, municipalities may use official mapping to establish an official street network and future streets, historic districts, parks and playgrounds, railroad right-of- way, public transit facilities, and waterways. As development occurs in officially mapped areas for the purposes the mapping was used for, the mapping can be deleted. This removes the restrictions put in place by the mapping. ANALYSIS The City was approached by a developer to purchase the north +/-180 feet of parcel 13- 1187-0100 to combine with the residential lots along West 9th Avenue for potential redevelopment. With the official mapping in place, the developer would be restricted with what can be done in that portion of the property. Staff is proposing to delete this mapping which will lift the restrictions currently in place. The Department of Public Works reviewed this request and supports the official map deletion. The detention basin has been constructed and the mapping has served its purpose and is no longer needed. 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 Official Map Amendment on December 6, 2022. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: OFFICIAL MAP AMENDMENT - DELETION OF MAPPED CAMPBELL CREEK STORM DRAINAGE DETENTION AREA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF W. 9TH AVENUE AND S. WASHBURN STREET Plan Commission meeting of December 6, 2022. GENERAL INFORMATION Applicant/Owner: City of Oshkosh Action(s) Requested: The City of Oshkosh requests an Official Map amendment to delete the mapped Campbell Creek Detention Area generally located at the southwest corner of W. 9th Avenue and S. Washburn Street. Applicable Ordinance Provisions: Section 62.23(6)(b) of the Wisconsin Statutes regulates official mapping by municipalities. Section 2-52 of the Municipal Code and Article XII of the Zoning Ordinance designate a function and duty of the Plan Commission to make recommendation on the establishment and amendment to the City’s Official Map. Property Location, Background Information and Analysis: The subject site consists of part of four parcels generally located at the southwest corner of W. 9th Avenue and S. Washburn Street. In 2006, the City approved an Official Map Amendment (Ord. 06-340A) to map the subject site to reserve the land for a storm water detention basin. The City acquired the four parcels and the basin was constructed in 2016. Official mapping is the process by which a municipality can designate or reserve areas for specific public uses for future acquisition and development. Once officially mapped, these areas are essentially treated as right-of-way from a setback perspective and no building permit may be issued for new construction or expansion that does not conform to the location of the official map unless otherwise authorized by the local legislative body. In Wisconsin, municipalities may use official mapping to establish an official street network and future streets, historic districts, parks and playgrounds, railroad right- of-way, public transit facilities, and waterways. As development occurs in officially mapped areas for the purposes the mapping was used for, the mapping can be deleted. This removes the restrictions put in place by the mapping. Officially Mapped Area Item II – Official Map Deletion – Campbell Creek Storm Drainage Detention Area 2 Subject Site Existing Land Use Zoning Municipal Storm Water Detention Basin Institutional (I) Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential and Commercial Single-Family Residential-5 (SR-5) & Suburban Mixed Use (SMU) South Multi-Family Apartments Multi-Family Residential-12 (MR-12) East Commercial Suburban Mixed Use (SMU) West Multi-Family Apartments Multi-Family Residential-12 (MR-12) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Institutional The City was approached by a developer to purchase the north +/-180 feet of parcel 13-1187- 0100 to combine with the residential lots along W. 9th Avenue for potential redevelopment. With the official mapping in place, the developer would be restricted with what can be done in that portion of the property. Staff is proposing to delete this mapping which will lift the restrictions currently in place. The Department of Public Works reviewed this request and supports the official map deletion. The detention basin has been constructed and the mapping has served its purpose and is no longer needed. RECOMMENDATION/CONDITIONS Staff recommends approval of the proposed official map deletion of the Campbell Creek Storm Drainage Detention Area as requested. The Plan Commission recommended approval of the Official Map Amendment on December 6, 2022. The following is their discussion on the item. Site Inspections Report: No Commissioner reported visiting the site. Staff report accepted as part of the record. Item II – Official Map Deletion – Campbell Creek Storm Drainage Detention Area 3 The City of Oshkosh requests an Official Map amendment to delete mapped Campbell Creek Detention Area generally located at the southwest corner of W. 9th Avenue and S. Washburn 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. Staff recommends approval with the findings and conditions as listed in the staff report. The City was approached by a developer to purchase the north +/-180 feet of parcel 13-1187-0100 to combine with the residential lots along W. 9th Avenue for potential redevelopment. With the official mapping in place, the developer would be restricted with what can be done in that portion of the property. Staff is proposing to delete this mapping which will lift the restrictions currently in place. The Department of Public Works reviewed this request and supports the official map deletion. The detention basin has been constructed and the mapping has served its purpose and is no longer needed. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. There were no public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Mr. Lyons said they are currently separate lots. Motion carried 8-0-1 present. OF F I C I A L M A P D E L E T I O N CA M P B E L L C R E E K B A S I N ST O R M W A T E R D E T E N T I O N A R E A A PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, 13TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S89°51'21"W, 1,017.88 FEET ALONG THE NORTH LINE OF SAID SECTION 28; THENCE S00°44'15"W, 277.52 FEET TO THE NORTHEAST CORNER OF LOT 2, CERTIFIED SURVEY MAP NUMBER 1190, WINNEBAGO COUNTY RECORDS, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°51'21"W, 82.57 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE S00°44'51"W, 118.38 FEET ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER OF LOT 2, CERTIFIED SURVEY MAP NUMBER 1181, WINNEBAGO COUNTY RECORDS; THENCE S89°51'21"W, 83.60 FEET ALONG THE NORTH LINE OF SAID LOT 2 OF CERTIFIED SURVEY MAP 1181; THENCE S00°41'42"W, 932.68 FEET ALONG THE WEST LINE OF SAID LOT 2, CERTIFIED SURVEY MAP 1181 TO THE SOUTHWEST CORNER OF SAID LOT 2, CERTIFIED SURVEY MAP 1181 ALSO BEING A POINT ON THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 28; THENCE N89°49'09"E, 494.59 FEET ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 28; THENCE N00° 51'48"E, 897.76 FEET; THENCE N89°08'12"E, 50.00 FEET; THENCE N41°40'24"E, 113.08 FEET TO THE WESTERLY LINE OF S. WASHBURN STREET; THENCE NORTHWESTERLY 70.54 FEET ALONG THE ARC OF A CURVE TO THE RIGHT BEING THE WESTERLY RIGHT-OF-WAY LINE OF S. WASHBURN STREET HAVING A RADIUS OF 510.74 FEET AND A CHORD WHICH BEARS N37°06'08"W, 70.49 FEET; THENCE S45°23'42"W, 143.56 FEET; THENCE N89°12'09"W, 310.92 FEET TO THE EAST LINE OF LOT 2 OF SAID CERTIFIED SURVEY MAP NUMBER 1190; THENCE N00°44'15"E, 108.76 FEET ALONG THE EAST LINE OF SAID LOT 2, CERTIFIED SURVEY MAP NUMBER 1190 TO THE NORTHEAST CORNER OF SAID LOT 2, CERTIFIED SURVEY MAP NUMBER 1190 ALSO BEING THE TRUE POINT OF BEGINNING. OFFICIAL MAP DELETION SW CORNER W 9TH & S WASHBURN PC: 12-06-2022 O & L CORPORATION 3389 COUNTY ROAD A OSHKOSH, WI 54901 BOSTON INC 2917 BUSINESS PARK DR STEVENS POINT, WI 54482 AMERICAN INVESTMENTS LLC 1585 W 20TH AVE OSHKOSH, WI 54902 WESNER REAL ESTATE LLC 1440 S COMMERCIAL ST NEENAH, WI 54956 STEVEN/REGINA SOBOJINSKI 909 S WASHBURN ST OSHKOSH, WI 54904 S & S CHAHAL BROTHER LLC 1015 S WASHBURN ST OSHKOSH, WI 54904 MIDLAND OSHKOSH ASSOCIATES 1604 ALTA VISTA AVE MILWAUKEE, WI 53213 CUMBERLAND COURT MASTER DEV LLC 600 MERRITT AVE OSHKOSH, WI 54901 2090 DICKINSON AVENUE LLC 1660 OSHKOSH AVE STE 100 OSHKOSH, WI 54902 LNJ PROPERTIES LLC 5180 SAND PIT LN OSHKOSH, WI 54904 CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH, WI 54901 6TH WARD LLC 615 S MAIN ST OSHKOSH, WI 54902 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 Westhaven Golf Course WW 99TTHHAAVV S S WW AA SS HH BB UU RR NN SS TT CC UU MM BB EE RR LL AA NN DD TT RR MM AA RRIICCOOPPAA DD RR DICKINSON AVDICKINSON AV AA RRDDMMOORREE TTRR GGRREEEENNFFIIEELL DD TTRR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/17/2022 1 in = 220 ft 1 in = 0.04 mi¯SW CORNER W 9TH & S WASHBURNSW CORNER W 9TH & S WASHBURN City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer SR-5 SMU I SMU-PD I I SMU-PD MR-12 MR-12 DR-6 I SR-5 I-PD I-PD SMU SR-5 DR-6 MR-12 MR-12 SMU-PD SMU Westhaven Golf Course !"#$41 !"#$41 W 9T H AVW 9T H AV SS WW AA SS HH BB UU RR NN SS TT SS KK OO EE L L L L E E RRSSTT ABBEY AVABBEY AV GREENFIELD TR GREENFIELD TR HERITAGE TR HERITAGE TR MM AA RR II CC OO PP AA DD RR LILAC ST LILAC ST CC UU MM BB EE RR LL AA NN DD TT RR GR A C E L A N D D R GR A C E L A N D D R AA RR DD M M O O RR EE TTRR HENNESSY ST HENNESSY ST CC AA MM D D E E N N L L A A DD II CC KK IINNSSOONN AAVV WW 77 TT HH AAVV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/17/2022 1 in = 500 ft 1 in = 0.09 mi¯SW CORNER W 9TH & S WASHBURNSW CORNER W 9TH & S WASHBURN City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/17/2022 1 in = 200 ft 1 in = 0.04 mi¯SW CORNER W 9TH & S WASHBURNSW CORNER W 9TH & S WASHBURN City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer JANUARY 10, 2023 23-23 RESOLUTION (CARRIED AS AMENDED 4 – 2 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR EXPANSION OF AN INSTITUTIONAL RESIDENTIAL USE AND A GROUP DEVELOPMENT AT 851 COUNTY ROAD Y INITIATED BY: WINNEBAGO COUNTY PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit for expansion of an institutional residential use and a group development at 851 County Road Y, is consistent with the criteria established in Sections 30-50(C), 30-171, and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for expansion of an institutional residential use and a group development at 851 County Road Y, per the attached, is hereby approved, with the following findings: 1. Is in harmony with the Comprehensive Plan. 2. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 4. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 5. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. JANUARY 10, 2023 23-23 RESOLUTION CONT’D BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a Conditional Use Permit for expansion of an institutional residential use and a group development at 815 County Road Y: 1. The residence is limited to a maximum of eleven (11) eight (8) occupants. 2. Site shall comply with Group and Large Development Standards. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: December 8, 2022 RE: Approve Conditional Use Permit for Expansion of an Institutional Residential Use and a Group Development at 851 County Road Y BACKGROUND The applicant is requesting a Conditional Use Permit (CUP) for expansion of an Institutional Residential Use and a Group Development at 851 County Road Y. The subject site is located on the south side of County Road Y, west of Jackson Street. The subject lot was enlarged from 7,200 square feet to 26,400 square feet via Certified Survey Map in November 2022 and is adjacent to several Winnebago County buildings including the Sheriff’s Department, Highway Department, and Solid Waste/Recycling Transfer Station. In December 2018, a CUP (Res. 18-583) was approved to establish an institutional residential facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and deemed ready for release. The CUP approval included a condition that the residential structure is limited to a maximum density of one occupant and a maximum of two bedrooms. A manufactured home was installed on the site in 2019 to house the resident. In November 2020, the CUP was amended (Res. 20-439) to allow a second resident in the existing house as it has two bedrooms and no construction or alterations to the property were needed. ANALYSIS The applicant is now proposing to amend the existing CUP to redesign and expand the use of the site. The existing two-bedroom structure would be removed from the property and replaced with up to eleven (11) one-bedroom dwelling structures. Each dwelling unit will be constructed in three groups of three units and one group of two units. Each unit will be a 12 -foot wide by 28-foot, 576 square foot structure containing kitchen/living room area, a full bath, a single bedroom, and laundry facilities. Preliminary plans have been submitted for the proposed development. Final plans will be required as part of the site plan review and approval process prior to building permit issuance. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The applicant notes that due to the particular residents intended to be housed at the site, state law imposes some limits on what can be located within a certain proximity of the subject parcel. In particular, schools, child care facilities, public parks, places of worship, or youth centers cannot be located within 1,500 feet of the parcel . As the applicant owns the surrounding land beyond 1,500 feet from the parcel, the applicant can reasonably guarantee that land within that proximity will not be used for these purposes. Staff is in support of the CUP as the institutional residential use has already been established on the site, albeit on a smaller scale. The site continues to be an appropriate location based on the surrounding County government land uses. In the three years the facility has been in operation, there have been no issues reported related to public safety. FISCAL IMPACT Approval of this project would not result in an increase in the assessed property va lue as the property is exempt. The applicant is anticipating spending approximately $1 million on the development. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with findings and conditions on December 6, 2022. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR EXPANSION OF AN INSTITUTIONAL RESIDENTIAL USE AND A GROUP DEVELOPMENT AT 851 COUNTY ROAD Y Plan Commission meeting of December 6, 2022. GENERAL INFORMATION Applicant/Property Owner: Winnebago County Action(s) Requested: The applicant is requesting a Conditional Use Permit for expansion of an institutional residential use and a group development at 851 County Road Y. Applicable Ordinance Provisions: Institutional residential uses are permitted only through a Conditional Use Permit in the Institutional District (I) as regulated in Section 30-50 (C) of the Zoning Ordinance. Group Developments are permitted only through a Conditional Use Permit as regulated by Section 30-171 of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is located on the south side of County Road Y, west of Jackson Street. The subject lot was enlarged from 7,200 square feet (120’ x 60’) to 26,400 square feet (220’ x 120’) in size via Certified Survey Map 7980 and is adjacent to several Winnebago County buildings including the Sherriff’s Department, Highway Department and Solid Waste/Recycling Transfer Station. Subject Site: Existing Land Use Zoning Institutional Residential Institutional (I) Adjacent Land Use and Zoning: Existing Uses Zoning North Landfill HI South Winnebago County Government Facilities Institutional (I) West Winnebago County Government Facilities Institutional (I) East Winnebago County Government Facilities Institutional (I) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Community Facility Existing Site Item IV– CUP Amendment Institutional Residential – 851 W County Road Y ANALYSIS In December 2018, a Conditional Use Permit (CUP) (Res. 18-583) was approved to establish an institutional residential facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and deemed ready for release. The CUP approval included a condition that the residential structure is limited to a maximum density of one (1) occupant and maximum of two (2) bedrooms. A manufactured home was installed on the site in 2019 to house the resident. In November of 2020, the CUP was amended (Res. 20-439) to allow a second resident in the existing house as it has two bedrooms and no construction or alterations to the property were needed. The applicant is now proposing a second amendment to redesign and expand the use of the site. The existing two-bedroom structure would be removed from the property and replaced with up to eleven one-bedroom dwelling structures. Each dwelling unit will be constructed in three groups of three units and one group of two units. Each unit will be a 12-foot wide by 28-foot, 576 square foot structure containing kitchen/living room area, a full bath, a single bedroom and laundry facilities. The applicant notes that due to the particular residents intended to be housed at the site, state law imposes some limits on what can be located within a certain proximity of the subject parcel. In particular, schools, child care facilities, public parks, places of worship or youth centers cannot be located within 1,500 feet of the parcel. As the applicant owns the surrounding land beyond 1,500 feet from the parcel, the applicant can reasonably guarantee that land within that proximity will not be used for these purposes. Preliminary plans have been submitted for the proposed development. Final plans, including site design, landscaping, parking, lighting and storm water management will be required and reviewed/approved as part of the site plan review process prior to building permit issuance. Staff is in support of the CUP amendment for the institutional residential use as the use has already been established on the site, albeit on a smaller scale. The site continues Proposed Site Plan Item IV– CUP Amendment Institutional Residential – 851 W County Road Y to be an appropriate location based on the surrounding County government land uses. In the three years the facility has been in operation, there have been no issues reported related to public safety. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for expansion of an institutional residential use and a group development with up to eleven (11) units and residents at 851 W. County Road Y as proposed with the findings listed above and the following conditions: 1. The residence is limited to a maximum of eleven (11) occupants. 2. Site shall comply with Group and Large Development Standards. The Plan Commission recommended approval of the Conditional Use Permit amendment with findings and conditions on December 6, 2022. The following is their discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Davey and Mr. Mitchell all reported visiting the site. Item IV– CUP Amendment Institutional Residential – 851 W County Road Y Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit amendment for an institutional residential use with a second occupant at 851 County Road Y. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. In December 2018, a Conditional Use Permit (CUP) (Res. 18-583) was approved to establish an institutional residential facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and deemed ready for release. The CUP approval included a condition that the residential structure is limited to a maximum density of one (1) occupant and maximum of two (2) bedrooms. A manufactured home was installed on the site in 2019 to house the resident. The applicant is now proposing a second amendment to redesign and expand the use of the site. The existing two-bedroom structure would be removed from the property and replaced with up to eleven one-bedroom dwelling structures. Each dwelling unit will be constructed in three groups of three units and one group of two units. Each unit will be a 12-foot wide by 28-foot, 576 square foot structure containing kitchen/living room area, a full bath, a single bedroom and laundry facilities. The applicant notes that due to the particular residents intended to be housed at the site, state law imposes some limits on what can be located within a certain proximity of the subject parcel. In particular, schools, child care facilities, public parks, places of worship or youth centers cannot be located within 1,500 feet of the parcel. As the applicant owns the surrounding land beyond 1,500 feet from the parcel, the applicant can reasonably guarantee that land within that proximity will not be used for these purposes. Preliminary plans have been submitted for the proposed development. Final plans, including site design, landscaping, parking, lighting and storm water management will be required and reviewed/approved as part of the site plan review process prior to building permit issuance. Staff is in support of the CUP amendment for the institutional residential use as the use has already been established on the site, albeit on a smaller scale. The site continues to be an appropriate location based on the surrounding County government land uses. In the three years the facility has been in operation, there have been no issues reported related to public safety. Staff recommen ds approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if someone were to propose an 11-unit development anywhere in the city, what are the impervious surface requirements. Mr. Lyons said it’s based on zoning district and not specific land use. Each zoning district has a maximum allowed impervious surface. For example, the Industrial zoning district has a maximum impervious surface of 60%. Item IV– CUP Amendment Institutional Residential – 851 W County Road Y Mr. Mitchell asked if the 41% impervious surface this development is below or above average what we typically see. Mr. Lyons said that in general this is below average but each zoning district has different requirements. Mr. Mitchell asked why a landscaping plan hasn’t been submitted. Mr. Lyons said that as part of a Conditional Use Permit the code does not require a landscaping plan. No matter what type of project the CUP is for, they are not required to provide a landscaping plan. All CUPs are required to be code compliant and there cannot be any deviation from it. Mr. Mitchell stated that is seems like they are requesting the CUP because of the population they are serving. One could argue that this could conceivably adhere to what the code would require for a multi-family or an 11-unit development for landscaping points. It seems that staff is saying that the CUP that Plan Commission is voting on doesn’t require those points but when they build this development, that will require those points. Mr. Lyons said that the CUP process, no matter what project or where it is located, does not require a landscaping plan during this time but it does require them to meet the standards for that district before they get final site plan approval. Mr. Nau said it also means they are not allowed any base standard modifications and they are required to meet the basic code requirements. Mr. Mitchell asked what those base code requirements would be. Mr. Lyons said they have to meet the landscaping code for this district which includes street frontage, paved area, and building foundation. Mr. Loewenstein asked why the county only made the lot size a little bigger since they own the land around the lot as well. He said it still seems crowded. Mr. Lyons said they went through a Certified Survey Map process which is the mechanism to split and divide property to a certain number of lots. That is an administrative approval process. If the applicant meets all the code requirements for a CSM, it is approved. The applicant chose the lot size based off of the project. It does meet the minimum code standards for setbacks, lot size and similar requirements. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Jon Doemel; Winnebago County Executive, 1923 Doemel St, stated that this is one of the hardest items that he has had to push for. They have asked their board to understand the need even if they don’t support it. 980 offenders are now issues for counties to solve since the state has relinquished them. The county is required to house them and this location is the best place. There were previous issues with the trailer that is there. They were potentially looking at another spot outside of the county but wante d to be cognizant of the fact they might meet those challenges again. The individual living spaces can help alleviate some of those future issues that may come up. They wanted to make sure the facility was as close to the Sheriff’s department as possible. Previous locations were almost a half hour away. Item IV– CUP Amendment Institutional Residential – 851 W County Road Y Tim Schultz; 4263 Jackson St, said he was concerned about the location being close to his home since he and his wife run a state licensed day care out of their home. They are concerned about allowing the children outside to play with the 980 offenders so close. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Mr. Doemel said that people on supervised release aren’t even allowed to step outside the unit without supervision for life. Mr. Bowen asked Mr. Doemel if the second bedroom on site the current lot was for the on -site supervisor and how the supervision works for the proposed setting. Mr. Doemel said that the current setup is that both bedrooms are being used by a 980 offender. The supervision is done in shifts by the officers. Mr. Bowen asked how the supervision will change once the use changes to house 11 offenders. Mr. Doemel said that the 24 hour supervision is rare, however each offender is electronically monitored. Mary Anne Mueller; 448 Algoma Blvd, said that each offender is monitored and currently only one offender that is housed is required to have one-on-one supervisor. The city approved the CUP in December 2018 which said that there could be one occupant in the mobile home. The mobile home has two bedrooms because that was what was available at that time. During the first year they are not allowed to go off-site without any supervision. Ms. Scheuermann asked how they know 11 is the right number of units. Mr. Doemel said they don’t know for sure. They have two offenders now, two more waiting, and four or five more in Sand Ridge that could apply at any time and they have no idea how many are in the prison system that haven’t made it to Sand Ridge yet. The 11 units was their best guess as to what they could expect in the future. If the state ever changes their minds on 980s, they will be gone and this could be veteran housing easily. Ms. Scheuermann asked if there is more room in case they need to house more offenders. Mr. Doemel said that a typical 980 is released after two-three years of supervision. It’s possible that somebody doesn’t want to go back out in the world and they can choose to stay. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Propp. Mr. Perry asked if there was any discussion on the motion. Mr. Perry said that he was previously a director in a Wisconsin county that dealt with offenders like this. Back then, it was $1600 a day to house these individuals and that was 100% on the county tax levy. From the understanding, the state is fining counties if they cannot house individuals. If it was $1600 Item IV– CUP Amendment Institutional Residential – 851 W County Road Y dollars then, the fine has to be more than that. While there is no good solution, Winnebago County is one of the only ones taking this kind of action to do something about this population. Motion carried 9-0. Attachment to Conditional Use Permit Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. There will be no impact on the health, safety, and general welfare of occupants of surrounding land from the proposed conditional use. The parcel at issue is wholly surrounded on all sides by land owned by the applicant itself, Winnebago County (“County” or “Applicant”). This land is occupied by various institutional occupants, including the County sheriff’s department, highway department, and waste management. There is one(1) residential occupant nearby. Accordingly, granting the conditional use permit will not have any negative impacts on occupants of surrounding land apart from Applicant itself. In addition, given the parcel’s location immediately next to the County sheriff’s department, the County Sheriff will be afforded a unique opportunity to monitor the proposed residents of the parcel, thus further ensuring any potential impacts on more distant neighbors will be minimized. 2. Pedestrian and vehicular circulation and safety. Applicant estimates there will be almost no effect whatsoever on pedestrian and vehicular circulation and safety from the proposed conditional use. In the foreseeable future, up to twelve (12) occupants may reside on the parcel. Those residents will not be permitted by law to leave the property for at least the first year of their residency. In additional, the parcel is located on land already owned and occupied by Applicant, which is located at the intersection of two highways that already are capable of handling any potential additional traffic. The surrounding land owned by Applicant already has necessary roads to connect the parcel to the main highways. Applicant will bear the cost of adding additional roads and/or parking spaces on the surrounding land and the parcel itself. 3. Noise, air, water, or other forms of environmental pollution. Applicant does not anticipate the proposed conditional use will impact noise, air, water, or other forms of environmental pollution. The proposed conditional use is for residential use of land otherwise zoned for institutional use. Applicant anticipates that proposed residential use of the land will increase noise or air pollution only incrementally, if at all. There may be a very slight increase in water use as opposed to the present, but Applicant does not anticipate any water pollution. 4. The demand for and availability of public services and facilities. Applicant does not anticipate the proposed conditional use will impact the demand for and availability of public services and facilities. Given that the parcel is intended to serve as a residential plot for up to eleven (11) residents, Applicant does not intend that demand for public services will increase much at all. The residents of the parcel at issue may use the same waste management services as the County occupants of the surrounding land. In addition, the residents will be an adult living without children, so Applicant does not anticipate any additional demand for public services such as schools or school busing. With respect to emergency services, Applicant notes the County Sheriff is located on the land immediately surrounding the parcel at issue and will be within walking distance of the parcel and able to respond to emergency situations almost immediately. Applicant anticipates the impact on the need for other emergency services will be minimal. Applicant will bear the cost of establishing the necessary connections for other public services such as water, gas, electricity, and other utilities. 5. Character and future development of the area. Given that the land immediately surrounding the parcel at issue currently is identified as and used for institutional purposes, including a landfill, Applicant believes the future development possibilities of the surrounding land already is limited to a certain degree; Applicant does not anticipate the proposed conditional use will negatively impact the future development of the surrounding land at all. As for the character of the surrounding land, Applicant believes it mostly will retain its institutional character. In addition, because Applicant itself owns the land surrounding the parcel at issue, Applicant is willing to bear any changes in character or future development possibilities. Applicant notes that, due to the particular residents intended to be housed on the identified parcel, state law imposes some limits on what can be located within a certain proximity of the identified parcel. In particular, schools, child care facilities, public parks, places of worship, or youth centers cannot be located within 1,500 feet of the identified parcel. See Wis. Stat. § 980.08(4)(dm)(1)(a). However, Applicant owns the land surrounding the identified parcel beyond 1,500 feet, so Applicant can reasonably guarantee that land within that proximity will not be used for these purposes. Narrative of the Proposed Conditional Use Winnebago County currently owns approximately 296.81 acres of land at the intersection of Highway Y and Jackson (also known as Highway 76). That land currently is zoned as and used for institutional purposes. The land is occupied by the County Sheriff’s Department and County Highway Department, as well as used as a waste management site. The parcel at issue is located on and surrounded on all sides by this County- owned plot of land. The parcel is approximately 26,400 square feet, located between the current Sheriff’s Department and landfill. County attaches hereto as Exhibit A a map of the County-owned land showing the size and location of the parcel for which it seeks the conditional use permit. Applicant proposes the parcel at issue be used as a residential plot for County residents convicted of offenses pursuant to Wis. Stat. § 980 and deemed ready for release. Section 980 of the Wisconsin Statutes requires County to identify a suitable place of residence for this offender. This parcel meets the parameters set forth in § 980.08(4)(dm), returns the offender(s) to their local community, and is close to law enforcement who can monitor the situation. In the immediate future, Applicant anticipates there will be up to eleven (11) residents on the identified parcel. County intends to install small homes on the parcel to house the resident(s). County attaches hereto as Exhibit B an initial plan showing the size and layout of the small home. County will bear the cost of establishing utility and other necessary services connections to the parcel and building out any necessary roads or parking for the parcel. Given that up to eleven (11) residents will reside on the parcel, Applicant anticipates very little impact on the surrounding businesses. First, there simply are not very many neighboring businesses. Second, the surrounding businesses are owned by Applicant itself. In addition, Applicant anticipates noise and lights will occur at normal rates during normal waking hours, but there will be very little other pollution. Traffic should be impacted very minimally in light of the few planned residents, the legal restrictions on their movements, and the parcel’s location near the intersection of two highways that already bear moderate rates of traffic. The need for services will be low. Moreover, the parcel is surrounded on all sides by land owned by Applicant itself, and Applicant is willing to absorb the effect of the proposed conditional use. Please note that Applicant has attached hereto as Exhibit A, a map of the County-owned land which shows the size and location of the parcel on that land. Applicant also has attached as Exhibit B a plan for the small home(s). In light of the fact that the resident(s) will occupy a small home(s) on the parcel and Applicant does intend to do construction in order to make the parcel habitable as a residence(s), Applicant does believe it is necessary to attach the site plans requested on page two of the Application for Conditional Use Permit. #1 #2 #3 #4 #5 #6 #7 #8 #9 #1 0 #1 1 EN G I N E E R S S U R V E Y O R S J. E . A R T H U R A N D A S S O C I A T E S , I N C . A PH O N E : 9 2 0 . 9 2 2 . 5 7 0 3 FO N D D U L A C , W I S C O N S I N 5 4 9 3 5 54 8 P R A I R I E R O A D CUP 851 COUNTY ROAD Y PC: 12/06/2022 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 CASTLE ROCK LAND/SHARON INVEST & HOLDING PO BOX 3808 OSHKOSH, WI 54903 THOMAS M MATTMILLER/MARGARET S OCONNOR 4221 JACKSON ST OSHKOSH, WI 54901 TIMOTHY A/KATHLEEN J SCHULTZ 4263 JACKSON ST OSHKOSH, WI 54901 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH, WI 54903 JACKSON HIGHLAND APTS LLC 3807 STATE HIGHWAY 21 A OSHKOSH, WI 54904 PAUL G/JUDY M GROSKREUTZ 441 FOREST VIEW RD OSHKOSH, WI 54904 SODA CREEK PROPERTIES LLC PO BOX 1882 OSHKOSH, WI 54903 NICOLET APARTMENTS III LLC 3389 COUNTY ROAD A OSHKOSH, WI 54901 JASON J/NICOLE L LABER S3228 CASEY AVE SPENCER, WI 54479 CHARLOTTE EICHSTADT REV TRUST 4356 JACKSON ST OSHKOSH, WI 54901 JESSE O ROTHE 4296 JACKSON ST OSHKOSH, WI 54901 TW SODA CREEK LLC/SWIMCREEK LLC W229N1433 WESTWOOD DR STE 204 WAUKESHA, WI 53186 MARY L RUPNOW 190 E COUNTY ROAD Y OSHKOSH, WI 54901 BRET MAR LLC 20 E COUNTY RD Y OSHKOSH, WI 54901 WINNEBAGO COUNTY 1221 KNAPP ST OSHKOSH, WI 54902 WINNEBAGO COUNTY 112 OTTER ST OSHKOSH, WI 54901 ·YTNUOC"Y C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/18/2022 1 in = 120 ft 1 in = 0.02 mi¯851 W COUNTY ROAD Y851 W COUNTY ROAD Y City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer I HI I MR-12-PD SR-5 DR-6 MR-20-PD Os h k o s h C i t y L i m i t Os h k o s h C i t y L i m i t !"#$41 ·YTNUOC"Y JA C K S O N S T JA C K S O N S T KOPE AVKOPE AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/18/2022 1 in = 500 ft 1 in = 0.09 mi¯851 W COUNTY ROAD Y851 W COUNTY ROAD Y City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/18/2022 1 in = 100 ft 1 in = 0.02 mi¯851 W COUNTY ROAD Y851 W COUNTY ROAD Y City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer DOB Case Number (s) . Offense Jurisdiction · Status · · ", Other Info Name EJS TAN DLC CLG JHJ SEC BSC RJP GSS ...___ 4/1/1980 2/6/1964 5/19/1961 9/12/1979 11/23/1952 5/31/1975 4/12/1972 6/1/1966 9/18/1951 2013CF7 and 2000CF209 2000CF136 and 1994CF115 1993CF146 1999CF45 and 2010CF502 1994CF146 1995CF24 1991CF327 1988CF306 1993CF106 City of Oshkosh Village of Fox Crossing City of Oshkosh City of Oshkosh City of Oshkosh City of Oshkosh City of Neenah City of Oshkosh City of Oshkosh Sandridge Trailer Released Trailer Released Sandridge _2andrid�� Pending Release Sandridge 06/19/1967 1992CF328 City of Oshkosh Released Lives in Appleton JJS TKS JW NJM KJH LLL 04/22/1973 04/22/1966 03/16/1938 03/04/1978 05/01/1927 1991CF380 2002CF462 and 2005CF171 1992CF183 1997CF006 and 1996CF494 1993CF110 City of Menasha City of Oshkosh City of Oshkosh City of Oshkosh City of Oshkosh The bottom list of 6 were located by searching Commitment of an Inmate (Cl) case type in CCAP 12/15/2022 Released Incarcerated Petition Withdrawn Incarcerated Sandridge Deceased � Released Lives in Ripon Released Deceased ___j JANUARY 10, 2023 23-23 RESOLUTION (CARRIED AS AMENDED 4 – 2 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR EXPANSION OF AN INSTITUTIONAL RESIDENTIAL USE AND A GROUP DEVELOPMENT AT 851 COUNTY ROAD Y INITIATED BY: WINNEBAGO COUNTY PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit for expansion of an institutional residential use and a group development at 851 County Road Y, is consistent with the criteria established in Sections 30-50(C), 30-171, and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for expansion of an institutional residential use and a group development at 851 County Road Y, per the attached, is hereby approved, with the following findings: 1. Is in harmony with the Comprehensive Plan. 2. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 4. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 5. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. JANUARY 10, 2023 23-23 RESOLUTION CONT’D BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a Conditional Use Permit for expansion of an institutional residential use and a group development at 815 County Road Y: 1. The residence is limited to a maximum of eleven (11) eight (8) occupants. 2. Site shall comply with Group and Large Development Standards. JANUARY 10, 2023 23-24 RESOLUTION SECOND READING DECEMBER 13, 2022 22-538 RESOLUTION FIRST READING (LAID OVER) (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE 2023 STORM WATER UTILITY RATE ($19.81 / ERU / MONTH) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has previously established a Storm Water Utility; and WHEREAS, Section 14-4 (B)(2) of the Oshkosh Municipal Code gives the Common Council authority to establish the Equivalent Runoff Unit (ERU) charge for the Utility. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Equivalent Runoff Unit (ERU) charge for 2023 shall be $19.81 per ERU per month ($237.72 per ERU per year). BE IT FURTHER RESOLVED that the appropriate City officials are hereby authorized and directed to take those steps necessary to implement this charge to become effective for services provided on and after April 1, 2023. I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2023\2023 SWU Rate Memo_1-5- 23.docx Page 1 of 3 TO: Honorable Mayor and Members of the Common Council FROM: James Rabe, Director of Public Works DATE: January 5, 2023 RE: Approve 2023 Storm Water Utility Rate ($19.81 / ERU / Month) BACKGROUND The City of Oshkosh (City) implemented a Storm Water Utility in 2003 to fund improvements to the City’s storm water management facilities. Based on the initial Storm Water Utility study completed in September of 2002, the Common Council implemented a phased introduction of the rates. There have been periodic subsequent rate increases, the most recent being to $18.60 per ERU per month in 2022. The Storm Water Utility has funded several major projects to date, including:  Fair Acres Wet Detention Basin and Anchorage Channel Conveyance Upgrades  Tipler Middle School Area Dry Detention Basin and Conveyance Upgrades  North High School Area Wet Detention Basin  Melvin Avenue Storm Water Pump Station  Baldwin Avenue Dry Detention Basin  James Road Area Detention Basin  City Hall Underground Detention and parking lot project  Armory Area Wet Detention Basin  Westhaven Clubhouse Area Detention Basin  Sawyer Creek Dredging and Conveyance Upgrades  9th and Washburn Detention Basin  South Park Lagoon Retrofit  Fernau Watershed North Main Street Detention Basin  Libbey/Nicolet Watershed North Main Street Detention Basin  Stringham Watershed Outfall Reconstruction and Dredging In addition to major projects, storm sewers are replaced/upgraded with each street reconstruction project. I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2023\2023 SWU Rate Memo_1-5- 23.docx Page 2 of 3 The City experienced significant flooding during numerous rain storms between 1990 and 2012. Localized areas also flood during smaller storm events. Additionally, the City is regulated under a Municipal Separate Storm Sewer System (MS4) permit from the Wisconsin Department of Natural Resources (WDNR), as mandated by the Federal Clean Water Act, for discharge of storm water to local water bodies. This permit requires the implementation of practices to reduce the amount of pollutants entering lakes and rivers. The City has met the 20% total suspended solids (TSS) reduction requirement within the MS4 Permit. The Federal Environmental Protection Agency (EPA), in conjunction with the WDNR, adopted targeted performance standards within the Total Maximum Daily Load (TMDL) report for the Upper Fox and Wolf Rivers Watershed. That TMDL report requires an increased TSS reduction of 48% within the Sawyer Creek Watershed, in addition to City-Wide Phosphorus reduction of 83% as compared to a “no controls” situation. Brown and Caldwell has been retained by the City to update the City-wide plan for pollution reduction in compliance with the EPA-approved TMDL. The Common Council approved the update of that plan at the December 13, 2022 meeting. The City has also completed several flood studies and is currently studying several watersheds to develop plans to reduce flooding in combination with pollution control. City staff, based on information from all studies, developed a schedule of projects needed to reduce flooding and implement pollution control measures. The City is approximately one-third (1/3) of the way through the original thirty-five (35) year plan to implement these watershed plans, as amended from time to time. The schedule calls for one (1) to two (2) major projects to be constructed per year, with an emphasis on flood control. Wherever possible, pollution control measures will be implemented with flood control measures. The Storm Water Utility Appeals Board recommends approving the 2023 Storm Water Utility Rate at $19.81/ERU/month. At the December 13, 2022 meeting, the Common Council voted to defer action on this item until the January 10, 2023 meeting in order to allow staff to prepare additional supporting materials requested by the Common Council during the meeting. ANALYSIS The City has worked with Ehlers (Financial Consultant) to perform a rate analysis to provide funding to implement the projects outlined in the schedule, to implement other Capital Improvement Projects, and to fund operational costs. In order to support these activities, a rate of $19.81 per ERU per month ($237.72 per ERU per year) is recommended. This rate will allow the City to complete all of the projects listed in the approved 2023 Capital Improvement Program (CIP) – Storm Sewer Section, and also maintain daily operations. The rate is proposed to be in effect on April 1, 2023. The Utility must retain adequate reserves to maintain favorable bond ratings and meet the operating needs of the Utility. I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2023\2023 SWU Rate Memo_1-5- 23.docx Page 3 of 3 In the event grants or other monies are secured at more favorable rates than anticipated in the study, the rate increases for future years can be offset. The intent is to review the rate annually to incorporate actual construction costs from the previous year and incorporate other funds that become available to the Utility. City staff worked with staff from Ehler’s to prepare some additional scenarios for consideration. Those additional scenarios included reducing projects to attempt to stay within a 2% annual rate increase and delaying projects within the ten (10) year CIP to backload the project construction cycle more, resulting in an annual 2.25% increase. There are a series of charts and a summary attached that shows the results of the additional scenarios that were prepared by Ehler’s. FISCAL IMPACT The rate of $19.81 per ERU per month represents a six and one-half percent (6.5%) increase, and is required to implement all of the projects and operations in the 2023 budgets, and meet required bond covenants. The attached information from Ehlers shows three (3) scenarios: 1. Staff’s initial 6.5% increase for 2023 and 2024 with an average 1.25% increase for eight (8) years. 2. A 2% annual increase from 2023 – 2032 with a reduced CIP of $14 million. 3. An average 2.25% increase that defers some projects in the CIP to future years, but places our debt coverage at risk. Failure to adopt this new rate in Scenario 1 would result in the delay of other proposed projects within the CIP, as shown in Scenario 2. Pushing projects to future years (Scenarios 2 and 3) will result in less reduction of flooding during significant rain events prior to project completion and will delay implementation of water quality improvements. Staff believes that Scenario 1 represents the best approach from a programmatic and fiscal standpoint. Please refer to the summary provided by staff. RECOMMENDATIONS The Department of Public Works and Finance Department staff recommend a rate increase of $19.81 per ERU per month ($237.72 per ERU per year) to fund all activities in the approved 2023 CIP Budget and the proposed 2023 Operating Budget. It is recommended the rate go into effect on April 1, 2023. Approved: Mark A. Rohloff City Manager JER/tlt • ✓ ✓ • ✓ ✓ • ✓ ✓ • • City of Oshkosh Storm Water Summary Scenario 1 Scenario 2 Scenario 3 2023 Rate Increase 6.50%2.00%2.25% 2024 Rate Increase 6.50%2.00%2.25% Average Increase from 2025 - 2032 1.25%2.00%2.25% Projects Funded 2023 15,559,345$ 15,559,345$ 15,559,345$ 2024 13,157,600$ -$ 9,715,000$ 2025 8,308,000$ 8,308,000$ 5,715,000$ 2026 5,906,600$ 5,906,600$ 5,906,600$ 2027 9,622,200$ 9,622,200$ 4,790,000$ 2028 3,235,000$ 3,235,000$ 4,790,000$ 2029 6,290,200$ 6,290,200$ 4,790,000$ 2030 2,188,200$ 2,188,200$ 8,790,000$ 2031 4,776,400$ 4,776,400$ 5,790,000$ 2032 2,733,700$ 2,733,700$ 5,931,300$ Total 71,777,245$ 58,619,645$ 71,777,245$ Funding Source Cash 42,023,300$ 37,308,300$ 35,775,000$ Debt 29,753,945$ 21,311,345$ 36,002,245$ Debt Coverage (1.20 required) Years above 1.20 9 9 7 Years above 1.25 9 6 3 DECEMBER 13, 2022 22-538 RESOLUTION (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE 2023 STORM WATER UTILITY RATE ($19.81 / ERU / MONTH) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has previously established a Storm Water Utility; and WHEREAS, Section 14-4 (B)(2) of the Oshkosh Municipal Code gives the Common Council authority to establish the Equivalent Runoff Unit (ERU) charge for the Utility. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Equivalent Runoff Unit (ERU) charge for 2023 shall be $19.81 per ERU per month ($237.72 per ERU per year). BE IT FURTHER RESOLVED that the appropriate City officials are hereby authorized and directed to take those steps necessary to implement this charge to become effective for services provided on and after April 1, 2023. C:\Users\dianem\AppData\Local\Temp\37c1-982f-0373-1e01.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: James Rabe, Director of Public Works DATE: December 8, 2022 RE: Approve 2023 Storm Water Utility Rate ($19.81 / ERU / Month) BACKGROUND The City of Oshkosh (City) implemented a Storm Water Utility in 2003 to fund improvements to the City’s storm water management facilities. Based on the initial Storm Water Utility study completed in September of 2002, the Common Council implemented a phased introduction of the rates. There have been periodic subsequent rate increases, the most recent being to $18.60 per ERU per month in 2022. The Storm Water Utility has funded several major projects to date, including:  Fair Acres Wet Detention Basin and Anchorage Channel Conveyance Upgrades  Tipler Middle School Area Dry Detention Basin and Conveyance Upgrades  North High School Area Wet Detention Basin  Melvin Avenue Storm Water Pump Station  Baldwin Avenue Dry Detention Basin  James Road Area Detention Basin  City Hall Underground Detention and parking lot project  Armory Area Wet Detention Basin  Westhaven Clubhouse Area Detention Basin  Sawyer Creek Dredging and Conveyance Upgrades  9th and Washburn Detention Basin  South Park Lagoon Retrofit  Fernau Watershed North Main Street Detention Basin  Libbey/Nicolet Watershed North Main Street Detention Basin  Stringham Watershed Outfall Reconstruction and Dredging In addition to major projects, storm sewers are replaced/upgraded with each street reconstruction project. The City experienced significant flooding during numerous rain storms between 1990 and 2012. Localized areas also flood during smaller storm events. Additionally, the City is regulated under a Municipal Separate Storm Sewer System (MS4) permit from the Wisconsin Department of Natural Resources (WDNR), as mandated by the Federal Clean Water Act, for discharge of storm water to local water bodies. This permit requires the implementation of practices to reduce the amount of pollutants entering lakes and rivers. The City has met the 20% total suspended solids (TSS) reduction requirement within the MS4 Permit. C:\Users\dianem\AppData\Local\Temp\37c1-982f-0373-1e01.docx Page 2 of 2 The Federal Environmental Protection Agency (EPA), in conjunction with the WDNR, adopted targeted performance standards within the Total Maximum Daily Load (TMDL) report for the Upper Fox and Wolf Rivers Watershed. That TMDL report requires an increased TSS reduction of 48% within the Sawyer Creek Watershed, in addition to City-Wide Phosphorus reduction of 83% as compared to a “no controls” situation. Brown and Caldwell has been retained by the City to update the City-wide plan for pollution reduction in compliance with the EPA-approved TMDL. The Common Council is being asked to approve the update of that plan at the December 13, 2022 meeting. The City has also completed several flood studies and is currently studying several watersheds to develop plans to reduce flooding in combination with pollution control. City staff, based on information from all studies, developed a schedule of projects needed to reduce flooding and implement pollution control measures. The City is approximately one-third (1/3) of the way through the original thirty-five (35) year plan to implement these watershed plans, as amended from time to time. The schedule calls for one (1) to two (2) major projects to be constructed per year, with an emphasis on flood control. Wherever possible, pollution control measures will be implemented with flood control measures. ANALYSIS The City has worked with Ehlers (Financial Consultant) to perform a rate analysis to provide funding to implement the projects outlined in the schedule, to implement other Capital Improvement Projects, and to fund operational costs. In order to support these activities, a rate of $19.81 per ERU per month ($237.72 per ERU per year) is recommended. This rate will allow the City to complete all of the projects listed in the approved 2023 Capital Improvement Program (CIP) – Storm Sewer Section, and also maintain daily operations. The rate is proposed to be in effect on April 1, 2023. The Utility must retain adequate reserves to maintain favorable bond ratings and meet the operating needs of the Utility. In the event grants or other monies are secured at more favorable rates than anticipated in the study, the rate increases for future years can be offset. The intent is to review the rate annually to incorporate actual construction costs from the previous year and incorporate other funds that become available to the Utility. FISCAL IMPACT The rate of $19.81 per ERU per month represents a six and one-half percent (6.5%) increase, and is required to implement all of the projects and operations in the 2023 budgets, and meet required bond covenants. Failure to adopt this new rate would result in the delay of other proposed projects within the CIP. Pushing projects to future years will result in less reduction of flooding during significant rain events prior to project completion and will delay implementation of water quality improvements. RECOMMENDATIONS The Department of Public Works and Finance Department staff recommend a rate increase of $19.81 per ERU per month ($237.72 per ERU per year) to fund all activities in the approved 2023 CIP Budget and the proposed 2023 Operating Budget. It is recommended the rate go into effect on April 1, 2023. Approved: Mark A. Rohloff City Manager             Stormwater Utility Long Range Cash Flow Analysis Update For The City of Oshkosh December, 2022 Prepared by: Jon Cameron Senior Municipal Advisor Lisa Trebatoski Associate Municipal Advisor  Stormwater Utility Cash Flow and Debt Analysis Supporting Worksheets Schedule Page Storm Water Utility Draft 2023-2032 Capital Improvement Program 1 Storm Water Utility 2023-2032 Debt Sizing Worksheet 3 Storm Water Utility 2023-2032 Projected Revenue Bond Amortization Schedule 4 Storm Water Utility 2023-2032 Cash Flow Analysis Summary 6 Storm Water Utility Operations Cash Flow Analysis – Detailed Historical and Projected 7 Storm Water Utility Statement of Projected Debt Service Coverage 8 City of Oshkosh 2023‐2032 Storm Water Utility Capital Improvement Plan Project1 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total UI: Asphalt Program (annual)$75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $525,000 UI: Oregon St Interceptor Sewer $75,000 $75,000 UI: Bradley Street Asphalt Paving $1,150,000 $1,150,000 UI: Anchorage Watershed RR_Libbey Storm Sewer $993,000 $993,000 UI: Glatz Cir/Gallups-Merrits/Johnson Av Watersheds $1,500,000 $1,500,000 UI: Sawyer Creek Watershed Detention Basin $9,504,645 $9,504,645 UI: S Washburn Asphalt Const/W 20th $25,000 $25,000 UI: S Washburn Asphalt Const-W Waukau $25,000 $25,000 UI: Osborn Ave Asphalt Const $25,000 $25,000 UI: Arthur Avenue Reconstruction $337,000 $337,000 UI: Bauman St Reconstruction $93,000 $93,000 UI: Coolidge Ave Reconstruction $234,000 $234,000 UI: McKinley Street Reconstruction $272,000 $272,000 UI: Mockingbird Way Traffic $10,000 $10,000 UI: Tyler Avenue Reconstruction $1,072,200 $1,072,200 UI: West Lincoln Avenue Reconstruction $753,000 $753,000 UI: Wisconsin St Reconstruction $731,000 $731,000 UI: Cherry Street Reconstruction $1,283,000 $1,283,000 UI: Grand St Reconstruction $625,000 $625,000 UI: Iowa Street Reconstruction $143,700 $143,700 UI: Johnson Ave Watershed $1,810,000 $1,810,000 UI: Michigan Street Reconstruction $257,000 $257,000 UI: Nebraska Sanitary Interceptor $100,000 $100,000 UI: Stringham Watershed Box Culvert-Phase 2 $4,031,000 $4,031,000 UI: West 5th Ave Reconstruction $380,200 $380,200 UI: West 7th Ave Reconstruction $215,700 $215,700 UI: Waugoo Avenue Reconstruction-Bowen $1,029,000 $1,029,000 UI: Bayshore Drive Reconstruction $377,000 $377,000 UI: Bay Street Reconstruction $125,000 $125,000 UI: Bowen Street Reconstruction $454,000 $454,000 UI: Central Street Reconstruction $563,000 $563,000 UI: Stringham Watershed Box Culvert-Phase 3 $3,300,000 $3,300,000 UI: Waugoo Avenue Reconstruction- Rosalia $667,500 $667,500 UI: West 15th Avenue Reconstruction $1,529,000 $1,529,000 UI: Bowen Street Reconstruction $2,208,700 $2,208,700 UI: Fernau Watershed Detention Basin $50,000 $5,000,000 $5,050,000 UI: North Eagle Street Reconstruction $569,000 $569,000 UI: Ohio St Reconstruction $682,700 $682,700 UI: Scott Avenue Reconstruction $1,027,200 $1,027,200 UI: Woodland Avenue Reconstruciton (Cherry St)$429,000 $429,000 UI: Bowen Street Reconstruction $930,000 $930,000 UI: Lakeview San Pumps/SW Lift Station Replacement $438,000 $2,000,000 $2,438,000 UI: West 14th Avenue Reconstruction $1,296,000 $1,296,000 UI: Wright St Reconstruction $470,700 $470,700 UI: Kirkwood Dr Reconstruction $444,000 $444,000 UI: Mill Street Reconstruction $444,000 $444,000 UI: West 16th Ave Reconstruction $1,197,000 $1,197,000 UI: Merritt Avenue Reconstruction $3,253,200 $3,253,200 1 City of Oshkosh 2023‐2032 Storm Water Utility Capital Improvement Plan Project1 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total UI: Oregon St Reconstruction $97,000 $97,000 UI: West 9th Avenue Reconstruction $1,298,200 $1,298,200 UI: South Main St Reconstruction $3,121,200 $3,121,200 UI: Woodland Ave Reconstruction-High St $200,200 $200,200 UI: N Sawyer St Reconstruction $1,526,200 $1,526,200 ENG: #385 3/4 Ton Van $14,000 $14,000 WW: #58 Box Van with Sewer Camera Equipment $207,500 $207,500 WW: Replace 4x4 Pickup Trucks with plow & lift gates $46,000 $46,000 WW: 101 Trailered Wood Chipper $207,500 $207,500 $207,500 $622,500 SW: Replace Street Sweepers $295,000 $295,000 $295,000 $590,000 $1,475,000 SW: Replace Leaf Blowers $75,000 $75,000 $75,000 $75,000 $75,000 $375,000 SW: Replace Trailered Water Pipes $45,000 $45,000 SW: 57 Vac All Catch Basin Cleaner $285,000 $285,000 SW 101 Trailered Wood Chipper $35,000 $35,000 Total CIP Storm Water for Revenue Bond Borrowing $14,769,345 $12,442,600 $7,593,000 $5,116,600 $8,832,200 $2,445,000 $5,500,200 $1,398,200 $3,986,400 $1,918,700 $64,002,245 Project1 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total ENG: Concrete Pavement Repairs $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $600,000 ENG: Mini Storm Sewers/Storm Laterals $625,000 $625,000 $625,000 $625,000 $625,000 $625,000 $625,000 $625,000 $625,000 $650,000 $6,275,000 ENG: Up-Front Engineering Services $90,000 $90,000 $90,000 $90,000 $90,000 $90,000 $90,000 $90,000 $90,000 $90,000 $900,000 Total CIP for Cash Funded Projects $790,000 $715,000 $715,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $815,000 $7,775,000 Source of Funding1 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total Storm Water Revenue Bonds $14,769,345 $12,442,600 $7,593,000 $5,116,600 $8,832,200 $2,445,000 $5,500,200 $1,398,200 $3,986,400 $1,918,700 $64,002,245 Use Cash on Hand Reduce Borrowing ($9,000,000) ($4,000,000) ($2,500,000) ($2,000,000) ($4,000,000) ($2,445,000) ($3,000,000) ($1,398,200) ($3,986,400) ($1,918,700) ($34,248,300) Utility Cash on Hand $790,000 $715,000 $715,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $815,000 $7,775,000 Total Water Utility Projects $15,559,345 $13,157,600 $8,308,000 $5,906,600 $9,622,200 $3,235,000 $6,290,200 $2,188,200 $4,776,400 $2,733,700 $71,777,245 Notes: 1. Source: City of Oshkosh 2023-2032 Capital Improvement Plan, June 30, 2022. 2 Stormwater  Utility Revenue  Bonds Stormwater  Utility Revenue  Bonds Stormwater  Utility Revenue  Bonds Stormwater  Utility Revenue  Bonds Stormwater  Utility Revenue  Bonds Stormwater  Utility Revenue  Bonds 2023 2024 2025 2026 2027 2029 Capital Projects Tax‐Exempt Tax‐Exempt Tax‐Exempt Tax‐Exempt Tax‐Exempt Tax‐Exempt Construction 15,559,345 13,157,600 8,308,000 5,906,600 9,622,200 6,290,200 Less Funds on Hand/Grants Applied (9,790,000) (4,715,000) (3,215,000)(2,790,000)(4,790,000)(3,790,000) Subtotal Capital Projects 5,769,345 8,442,600 5,093,000 3,116,600 4,832,200 2,500,200 Reserve Fund Adjustments New Reserve Fund Requirement1 8,697,794 9,422,393 9,756,522 10,033,452 10,457,334 10,517,867 Less Current Reserve Requirement (7,727,306) (8,697,794) (9,422,393) (9,756,522) (10,033,452) (10,457,334) Net Deposit to Reserve Fund Required 970,487 724,599 334,129 276,930 423,883 60,533 Estimated Issuance Expenses 165,663 202,613 141,575 115,525 141,288 97,700 Ehlers & Associates (Financial Advisor)39,500 46,700 36,100 35,800 35,000 28,600 Chapman & Cutler (Bond Counsel)20,000 20,000 17,000 17,000 20,000 17,000 Paying Agent US Bank if terms 850 850 850 850 850 850 Underwriter's Discount @ 1.25%86,313 117,063 69,625 43,875 67,438 33,250 Moody's Investors Service (Rating Fee)19,000 18,000 18,000 18,000 18,000 18,000 TOTAL TO BE FINANCED 6,905,495 9,369,812 5,568,704 3,509,055 5,397,370 2,658,433 Estimated Interest Earnings2 (3,606)(5,277)(3,183)(1,948)(3,020)(1,563) Rounding 3,111 465 4,479 2,893 650 3,130 NET BOND SIZE 6,905,000 9,365,000 5,570,000 3,510,000 5,395,000 2,660,000 NOTES: 1 Stormwater bond covenants require Maximum Annual Debt Service Test. 2 Assumes temporary investment of available proceeds for 90 days at 0.015%. City of Oshkosh, WI Revenue Bond Sizing Worksheet FOR DISCUSSION ONLY 3 Schedule of Storm Water Utility Revenue Debt Outstanding Plus Estimated New Issues Amount Dated Callable Callable Amt Rate/Term 2.00‐3.95 2023‐2043 2.00‐3.95 2024‐2044 2.00‐3.95 2025‐2045 Year Principal Interest Total Prin (5/1) Est. Rate 1 Interest Total Prin (5/1) Est. Rate 1 Interest Total Prin (5/1) Est. Rate 1 Interest Total 2022 4,775,000 2,752,789 7,527,789 2023 5,180,000 2,995,569 8,175,569 2024 5,510,000 2,664,447 8,174,447 160,000 3.750%361,859 521,859 2025 5,720,000 2,456,406 8,176,406 240,000 3.750%281,388 521,388 210,000 3.950%514,599 724,599 2026 5,700,000 2,255,675 7,955,675 250,000 3.750%272,200 522,200 320,000 3.950%400,383 720,383 115,000 4.150%320,336 435,336 2027 5,945,000 2,048,534 7,993,534 260,000 3.750%262,638 522,638 335,000 3.950%387,446 722,446 190,000 4.150%249,463 439,463 2028 6,155,000 1,833,706 7,988,706 270,000 3.750%252,700 522,700 350,000 3.950%373,918 723,918 195,000 4.150%241,474 436,474 2029 6,415,000 1,611,066 8,026,066 280,000 3.800%242,318 522,318 360,000 3.950%359,895 719,895 205,000 4.150%233,174 438,174 2030 6,685,000 1,385,459 8,070,459 295,000 3.850%231,319 526,319 375,000 4.000%345,285 720,285 215,000 4.150%224,459 439,459 2031 5,410,000 1,179,888 6,589,888 305,000 3.900%219,693 524,693 390,000 4.050%329,888 719,888 220,000 4.200%215,378 435,378 2032 5,600,000 989,572 6,589,572 315,000 3.950%207,524 522,524 410,000 4.100%313,585 723,585 230,000 4.250%205,870 435,870 2033 5,340,000 802,191 6,142,191 330,000 4.000%194,703 524,703 425,000 4.150%296,361 721,361 240,000 4.300%195,823 435,823 2034 4,415,000 637,013 5,052,013 345,000 4.050%181,116 526,116 445,000 4.200%278,198 723,198 255,000 4.350%185,116 440,116 2035 3,975,000 501,203 4,476,203 355,000 4.150%166,764 521,764 465,000 4.250%258,971 723,971 265,000 4.400%173,740 438,740 2036 3,350,000 387,056 3,737,056 370,000 4.250%151,535 521,535 485,000 4.350%238,541 723,541 275,000 4.450%161,791 436,791 2037 3,110,000 286,475 3,396,475 390,000 4.350%135,190 525,190 505,000 4.450%216,756 721,756 290,000 4.550%149,075 439,075 2038 2,500,000 198,800 2,698,800 405,000 4.450%117,696 522,696 530,000 4.550%193,463 723,463 300,000 4.650%135,503 435,503 2039 1,850,000 131,813 1,981,813 425,000 4.550%99,016 524,016 555,000 4.650%168,501 723,501 315,000 4.750%121,046 436,046 2040 1,320,000 83,353 1,403,353 445,000 4.600%79,113 524,113 580,000 4.750%141,823 721,823 330,000 4.850%105,563 435,563 2041 1,055,000 45,200 1,100,200 465,000 4.650%58,066 523,066 610,000 4.800%113,408 723,408 350,000 4.950%88,898 438,898 2042 630,000 13,781 643,781 490,000 4.700%35,740 525,740 640,000 4.850%83,248 723,248 365,000 5.000%71,110 436,110 2043 0 510,000 4.750%12,113 522,113 670,000 4.900%51,313 721,313 385,000 5.050%52,264 437,264 2044 705,000 4.950%17,449 722,449 405,000 5.100%32,215 437,215 2045 425,000 5.150%10,944 435,944 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 TOTALS 108,440,000 37,597,964 146,037,964 6,905,000 3,562,688 10,467,688 9,365,000 5,083,028 14,448,028 5,570,000 3,173,238 8,743,238  = Callable Maturities NOTES: 1 Estimated rates are taken from Columbus 2022A sale results plus 45‐basis points for 2023 issue, plus 65‐basis points for 2024 issue, plus 85 2025‐2032 issues. $3,440,000 Proposed Storm Water Utility Revenue Bonds $5,570,000 01‐Aug‐25 01‐May‐35 $4,200,000 Proposed Storm Water Utility Revenue Bonds $9,365,000 01‐Aug‐24 01‐May‐34 $5,745,000 Proposed Storm Water Utility Revenue Bonds $6,905,000 01‐Aug‐23 01‐May‐33 Issue Existing Stormwater Revenue Debt 4 Amount Dated Callable Callable Amt Rate/Term Year 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 TOTALS NOTES: 1 Estimated rate Issue 2.00‐3.95 2026‐2046 2.00‐3.95 2027‐2047 2.00‐3.95 2029‐2049 Prin (5/1) Est. Rate 1 Interest Total Prin (5/1) Est. Rate 1 Interest Total Prin (5/1) Est. Rate 1 Interest Total Total P&I Rev P&I G.O. P&I Total Year 0 0 1,033,609 1,033,609 0 7,527,789 7,527,789 851,224 8,379,013 2022 8,175,569 8,175,569 579,782 8,755,351 2023 8,696,306 8,696,306 473,599 9,169,905 2024 9,422,393 9,422,393 457,877 9,880,270 2025 9,633,593 9,633,593 444,490 10,078,084 2026 75,000 4.150%201,819 276,819 9,954,899 9,954,899 431,128 10,386,027 2027 115,000 4.150%157,201 272,201 115,000 4.150%310,198 425,198 10,369,197 10,369,197 417,466 10,786,663 2028 125,000 4.150%152,221 277,221 180,000 4.150%241,560 421,560 10,405,233 10,405,233 17,232 10,422,465 2029 130,000 4.150%146,930 276,930 190,000 4.150%233,883 423,883 55,000 4.150%153,043 208,043 10,665,378 10,665,378 17,717 10,683,094 2030 135,000 4.150%141,431 276,431 200,000 4.150%225,790 425,790 90,000 4.150%119,198 209,198 9,181,264 9,181,264 18,216 9,199,480 2031 140,000 4.200%135,690 275,690 205,000 4.150%217,386 422,386 95,000 4.150%115,359 210,359 9,179,986 9,179,986 18,734 9,198,720 2032 145,000 4.250%129,669 274,669 215,000 4.200%208,618 423,618 95,000 4.150%111,416 206,416 8,728,779 8,728,779 19,249 8,748,029 2033 150,000 4.300%123,363 273,363 225,000 4.250%199,321 424,321 100,000 4.150%107,370 207,370 7,646,496 7,646,496 19,794 7,666,290 2034 160,000 4.350%116,658 276,658 235,000 4.300%189,488 424,488 105,000 4.200%103,090 208,090 7,069,913 7,069,913 7,069,913 2035 165,000 4.400%109,548 274,548 245,000 4.350%179,106 424,106 110,000 4.250%98,548 208,548 6,326,125 6,326,125 6,326,125 2036 175,000 4.450%102,024 277,024 255,000 4.400%168,168 423,168 115,000 4.300%93,738 208,738 5,991,425 5,991,425 5,991,425 2037 180,000 4.550%94,035 274,035 265,000 4.450%156,661 421,661 120,000 4.350%88,655 208,655 5,284,813 5,284,813 5,284,813 2038 190,000 4.650%85,523 275,523 280,000 4.550%144,395 424,395 125,000 4.400%83,295 208,295 4,573,589 4,573,589 4,573,589 2039 200,000 4.750%76,355 276,355 290,000 4.650%131,283 421,283 130,000 4.450%77,653 207,653 3,990,141 3,990,141 3,990,141 2040 210,000 4.850%66,513 276,513 305,000 4.750%117,296 422,296 140,000 4.550%71,575 211,575 3,695,955 3,695,955 3,695,955 2041 220,000 4.950%55,975 275,975 320,000 4.850%102,293 422,293 145,000 4.650%65,019 210,019 3,237,165 3,237,165 3,237,165 2042 230,000 5.000%44,780 274,780 335,000 4.950%86,241 421,241 150,000 4.750%58,085 208,085 2,584,795 2,584,795 2,584,795 2043 240,000 5.050%32,970 272,970 355,000 5.000%69,075 424,075 160,000 4.850%50,643 210,643 2,067,351 2,067,351 2,067,351 2044 255,000 5.100%20,408 275,408 375,000 5.050%50,731 425,731 165,000 4.950%42,679 207,679 1,344,761 1,344,761 1,344,761 2045 270,000 5.150%6,953 276,953 390,000 5.100%31,318 421,318 175,000 5.000%34,220 209,220 907,490 907,490 907,490 2046 415,000 5.150%10,686 425,686 185,000 5.050%25,174 210,174 635,860 635,860 635,860 2047 195,000 5.100%15,530 210,530 210,530 210,530 210,530 2048 205,000 5.150%5,279 210,279 210,279 210,279 210,279 2049 00 02050 00 02051 00 02052 00 02053 3,510,000 2,000,063 5,510,063 5,395,000 3,073,496 8,468,496 2,660,000 1,519,566 4,179,566 174,792,219 4,625,036 179,417,255 $3,330,000 Proposed Storm Water Utility Revenue Bonds $5,395,000 01‐Aug‐27 01‐May‐37 Proposed Storm Water Utility Revenue Bonds $2,660,000 01‐Aug‐29 01‐May‐39 $1,650,000 Proposed Storm Water Utility Revenue Bonds $3,510,000 01‐Aug‐26 01‐May‐36 $2,170,000 FOR DISCUSSION ONLY Total Utility DebtExisting +  Future Issues 5 Storm Water Utility Cash Flow Analysis ‐ Projected 2023‐2032 City of Oshkosh Discussion Only Audit Estimated Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Revenues Total Revenues from User Rates $12,321,058 $13,002,900 $13,949,972 $14,856,721 $15,313,224 $15,619,488 $16,167,325 $16,324,289 $16,569,153 $16,650,775 $16,650,775 $16,650,775 Percent Increase to User Rates Required 7.00% 6.00% 6.50% 6.50% 2.00% 2.00% 4.00% 0.00% 2.00% 0.00% 0.00% 0.00% Cumulative Percent Rate Increase 0.00% 6.00% 12.89% 19.39% 21.78% 24.21% 29.18% 29.18% 31.77% 31.77% 31.77% 31.77% Dollar Amount Increase to Revenues Required $769,733 $681,842 $947,072 $906,748 $456,503 $306,264 $547,836 $156,964 $244,864 $81,621 $0 $0 Other Revenues Interest Income -$16,991 -$590,200 $161,410 $125,851 $117,627 $230,499 $231,474 $214,158 $209,059 $203,342 $210,969 $206,832 Other Income $37,227 $51,000 $52,020 $53,060 $54,121 $55,203 $56,307 $57,433 $58,582 $59,754 $60,949 $62,168 Total Other Revenues $20,236 -$539,200 $213,430 $178,911 $171,748 $285,702 $287,781 $271,591 $267,641 $263,096 $271,918 $269,000 Total Revenues $12,341,294 $12,463,700 $14,163,402 $15,035,632 $15,484,972 $15,905,191 $16,455,106 $16,595,880 $16,836,795 $16,913,871 $16,922,693 $16,919,774 Expenses Operating and Maintenance $2,225,997 $2,695,200 $2,762,204 $2,830,876 $2,901,256 $2,973,389 $3,047,316 $3,123,084 $3,200,738 $3,280,324 $3,361,892 $3,445,490 Net Before Debt Service and Capital Expenditures $10,115,297 $9,768,500 $11,401,198 $12,204,756 $12,583,716 $12,931,802 $13,407,790 $13,472,796 $13,636,057 $13,633,546 $13,560,801 $13,474,285 Debt Service Existing GO Bond P&I $819,775 $820,269 $547,369 $438,194 $421,869 $410,694 $394,513 $378,475 $12,581 $17,259 $16,856 $16,425 Existing Revenue Bond P&I $7,075,146 $7,527,789 $8,175,569 $8,174,447 $8,176,406 $7,955,675 $7,993,534 $7,988,706 $8,026,066 $8,070,459 $6,589,888 $6,589,572 New (2021-2030) Debt Service P&I $0 $0 $0 $521,859 $1,245,987 $1,677,918 $1,961,365 $2,380,491 $2,379,168 $2,594,918 $2,591,376 $2,590,414 Total Debt Service $7,894,921 $8,348,057 $8,722,938 $9,134,500 $9,844,262 $10,044,287 $10,349,412 $10,747,672 $10,417,814 $10,682,637 $9,198,120 $9,196,411 Cash on Hand/Prior Issue Bond Proceeds/Grants $3,919,099 $815,000 $9,790,000 $4,715,000 $3,215,000 $2,790,000 $4,790,000 $3,235,000 $3,790,000 $2,188,200 $4,776,400 $2,733,700 Net Annual Cash Flow ($1,701,623)$605,443 ($7,111,740) ($1,644,744) ($475,546)$97,515 ($1,731,622) ($509,876) ($571,758)$762,709 ($413,719)$1,544,174 Unrestricted Cash Balance: Balance at first of year $23,711,829 $24,317,272 $17,205,532 $15,560,788 $15,085,242 $15,182,757 $13,451,135 $12,941,259 $12,369,501 $13,132,211 $12,718,491 Net Annual Cash Flow Addition/(subtraction)$605,443 ($7,111,740) ($1,644,744) ($475,546)$97,515 ($1,731,622) ($509,876) ($571,758)$762,709 ($413,719)$1,544,174 Balance at end of year $23,711,829 $24,317,272 $17,205,532 $15,560,788 $15,085,242 $15,182,757 $13,451,135 $12,941,259 $12,369,501 $13,132,211 $12,718,491 $14,262,665 6 City of Oshkosh Storm Water Utility Operations Cash Flow Analysis Discussion Only 12345678910 Actual Actual Estimated 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 1 Rates % Increase 7.00%7.00%6.00% 6.50% 6.50% 2.00% 2.00% 4.00% 0.00% 2.00% 0.00% 0.00% 0.00% 2 Revenue growth assumption - non-usage 2.00%2.00%2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 3 Investment income yield 0.50%0.50%0.50% 0.50% 0.50% 0.50% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 4 Expense growth - Operations 2.50%2.50%2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 5 Expense growth - Maintenance 2.50%2.50%2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 6 Expense growth - General and Administrative 2.00%2.00%2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 10 Beginning net assets 55,928,178 60,639,712 65,758,422 70,297,865 75,605,366 81,265,663 86,815,994 92,729,386 99,228,641 105,784,641 112,843,761 120,020,547 127,414,104 11 12 Operating Revenues 13 Storm Water charges 11,551,325 12,321,058 13,002,900 13,949,972 14,856,721 15,313,224 15,619,488 16,167,325 16,324,289 16,569,153 16,650,775 16,650,775 16,650,775 14 Miscellaneous 48,128 37,227 51,000 52,020 53,060 54,121 55,203 56,307 57,433 58,582 59,754 60,949 62,168 15 Total Operating Revenues 11,599,453 12,358,285 13,053,900 14,001,992 14,909,781 15,367,345 15,674,691 16,223,632 16,381,722 16,627,735 16,710,529 16,711,724 16,712,943 16 17 Operating Expenses 18 Operating & maintenance 2,229,197 2,155,373 2,620,000 2,685,500 2,752,638 2,821,453 2,891,990 2,964,290 3,038,397 3,114,357 3,192,216 3,272,021 3,353,822 19 Taxes 68,958 70,624 75,200 76,704 78,238 79,803 81,399 83,027 84,687 86,381 88,109 89,871 91,668 20 Depreciation - Storm Water 2,346,232 2,459,072 2,512,300 3,025,758 3,459,959 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 21 Total Operating Expenses 4,644,387 4,685,069 5,207,500 5,787,962 6,290,835 6,635,379 6,707,512 6,781,440 6,857,207 6,934,861 7,014,448 7,096,015 7,179,613 22 23 Net Operations 6,955,066 7,673,216 7,846,400 8,214,030 8,618,946 8,731,965 8,967,179 9,442,192 9,524,515 9,692,874 9,696,081 9,615,709 9,533,330 24 Non operating revenues (expenses) 25 Interest Income 235,949 (16,991) (590,200)161,410 125,851 117,627 230,499 231,474 214,158 209,059 203,342 210,969 206,832 26 Interest Expense - Existing Debt (2,842,362) (2,590,772) (2,848,057) (3,067,938) (2,722,641) (2,503,275) (2,291,369) (2,073,047) (1,847,181) (1,613,647) (1,387,719) (1,181,744) (990,997) 27 Interest Expense - New Rev Bond Debt 0 0 0 (361,859) (795,987) (992,918) (1,101,365) (1,335,491) (1,229,168) (1,334,918) (1,251,376) (1,195,414) 28 Amortization-Grant 362,881 5,905 4,000 29 Intergovernmental Revenues 0 0 00000000000 30 Total non operating revenue (expenses)(2,243,532) (2,601,858) (3,434,257) (2,906,528) (2,958,649) (3,181,635) (3,053,788) (2,942,937) (2,968,514) (2,633,755) (2,519,295) (2,222,151) (1,979,579) 31 32 Net increase (decrease) in resources 4,711,534 5,071,358 4,412,143 5,307,502 5,660,297 5,550,331 5,913,392 6,499,255 6,556,001 7,059,119 7,176,786 7,393,558 7,553,751 33 34 Operating Transfer In (Out)0 (2,900)0000000000 35 Capital Contributions 0 50,252 127,300000000 36 Cumulative effect of change in accting prin 0 0 0000000 37 Ending Net Assets 60,639,712 65,758,422 70,297,865 75,605,366 81,265,663 86,815,994 92,729,386 99,228,641 105,784,641 112,843,761 120,020,547 127,414,104 134,967,855 38 CIP Funding 39 Purchase of Capital Assets (8,134,763) (3,240,901) (9,198,300) (15,559,345) (13,157,600) (8,308,000) (5,906,600) (9,622,200) (3,235,000) (6,290,200) (2,188,200) (4,776,400) (2,733,700) 40 Bond Issuance\DS Reserve Adjustments 41 Principal Payments on Existing Revenue Debt (3,923,253) (4,370,000) (4,775,000) (5,180,000) (5,510,000) (5,720,000) (5,700,000) (5,945,000) (6,155,000) (6,415,000) (6,685,000) (5,410,000) (5,600,000) 42 Principal Payments on Existing GO Debt (731,747) (700,000) (725,000) (475,000) (380,000) (375,000) (375,000) (370,000) (365,000) (10,000) (15,000) (15,000) (15,000) 43 BAB Credit on 2010E Rev Debt 44 Revenue Bonds Issued 4,770,000 7,160,000 8,383,300 5,769,345 8,442,600 5,093,000 3,116,600 4,832,200 0 2,500,200 0 0 0 45 General obligation debt issued 0 0 00000000000 46 Cash received from other funds 0 0 00000000000 47 Cash paid to other funds 0 0 00000000000 48 Capital contributions 050,252 00000000000 49 Premium Received on Debt Issued 289,274 454,104 411,124 50 Future Revenue Bond Principal 0 0 0 (160,000) (450,000) (685,000) (860,000) (1,045,000) (1,150,000) (1,260,000) (1,340,000) (1,395,000) 56 57 Beginning Cash 25,483,985 24,787,578 31,261,393 32,281,960 25,170,220 23,525,476 23,049,930 23,147,445 21,415,823 20,905,947 20,334,189 21,096,899 20,683,179 58 Add net operations 6,955,066 7,673,216 7,846,400 8,214,030 8,618,946 8,731,965 8,967,179 9,442,192 9,524,515 9,692,874 9,696,081 9,615,709 9,533,330 59 Add back depreciation 2,346,232 2,459,072 2,512,300 3,025,758 3,459,959 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 3,734,123 60 Add net non operating (2,243,532) (2,601,858) (3,434,257) (2,906,528) (2,958,649) (3,181,635) (3,053,788) (2,942,937) (2,968,514) (2,633,755) (2,519,295) (2,222,151) (1,979,579) 61 Add capital and bond (7,730,489) (646,545) (5,903,876) (15,445,000) (10,765,000) (9,760,000) (9,550,000) (11,965,000) (10,800,000) (11,365,000) (10,148,200) (11,541,400) (9,743,700) 62 Add transfer in (out)0 (2,900)00000000000 63 Net change in balance sheet items (23,684) (407,170)0000 64 Ending Cash 24,787,578 31,261,393 32,281,960 25,170,220 23,525,476 23,049,930 23,147,445 21,415,823 20,905,947 20,334,189 21,096,899 20,683,179 22,227,353 65 Restricted Cash 7,594,925 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 7,549,564 66 Unrestricted Cash 17,192,653 23,711,829 24,732,396 17,620,656 15,975,912 15,500,366 15,597,881 13,866,259 13,356,383 12,784,625 13,547,335 13,133,615 14,677,789 67 68 Ending Net Assets 60,639,712 65,758,422 70,297,865 75,605,366 81,265,663 86,815,994 92,729,386 99,228,641 105,784,641 112,843,761 120,020,547 127,414,104 134,967,855 69 70 Target minimum working capital (note 2)10,003,307 10,951,807 11,616,919 12,279,917 13,161,952 13,398,043 13,740,132 14,176,276 13,885,245 14,189,861 12,746,128 12,786,217 12,382,325 71 Actual working capital-cash balance 24,787,578 31,261,393 32,281,960 25,170,220 23,525,476 23,049,930 23,147,445 21,415,823 20,905,947 20,334,189 21,096,899 20,683,179 22,227,353 72 Over (Under) target working capital 14,784,272 20,309,586 20,665,040 12,890,302 10,363,524 9,651,887 9,407,313 7,239,547 7,020,702 6,144,329 8,350,771 7,896,962 9,845,028 73 Over (Under) target working capital - Unrestricted 7,189,347 12,760,022 13,115,476 5,340,738 2,813,960 2,102,323 1,857,749 (310,017) (528,862) (1,405,235)801,207 347,398 2,295,464 88 Note 2: Target capital equals 6 mos of next year's operating expenses, including depreciation, plus 100% of next year's debt. Projected T:\Wisaccts\Oshkosh\Financial Planning\Rate Studies\2022 Water, Sewer & Storm Cash Flow Analysis\Draft Workpapers\Oshkosh SW Utility Cash Flow Analysis I use COH - updated O&M v27 City of Oshkosh Storm Water Utility Statement of Projected Coverage Year Operating Revenues Less: Operating Expenses Amount Available for Debt Service Total Existing Revenue Bond P&I Future Revenue Bond P&I Total Debt Service Coverage* 2020 11,835,402 (2,298,155)9,537,247 6,749,218 - 6,749,218 1.41 2021 12,341,294 (2,225,997)10,115,297 7,075,146 - 7,075,146 1.43 2022 12,463,700 (2,695,200)9,768,500 7,527,789 - 7,527,789 1.30 2023 14,163,402 (2,762,204)11,401,198 8,175,569 - 8,175,569 1.39 2024 15,035,632 (2,830,876)12,204,756 8,174,447 521,859 8,696,306 1.40 2025 15,484,972 (2,901,256)12,583,716 8,176,406 1,245,987 9,422,393 1.34 2026 15,905,191 (2,973,389)12,931,802 7,955,675 1,677,918 9,633,593 1.34 2027 16,455,106 (3,047,316)13,407,790 7,993,534 1,961,365 9,954,899 1.35 2028 16,595,880 (3,123,084)13,472,796 7,988,706 2,380,491 10,369,197 1.30 2029 16,836,795 (3,200,738)13,636,057 8,026,066 2,379,168 10,405,233 1.31 2030 16,913,871 (3,280,324)13,633,546 8,070,459 2,594,918 10,665,378 1.28 2031 16,922,693 (3,361,892)13,560,801 6,589,888 2,591,376 9,181,264 1.48 2032 16,919,774 (3,445,490)13,474,285 6,589,572 2,590,414 9,179,986 1.47 Notes: *Coverage requirement of 1.2 Coverage using projected year revenue and expenses Discussion Only 8 City of Oshkosh Storm Water Utility Statement of Projected Coverage-Previous Year Year Operating Revenues Less: Operating Expenses Amount Available for Debt Service Year Total Existing Revenue Bond P&I Future Revenue Bond P&I Total Debt Service Coverage * 2019 11,933,518 (2,425,564)9,507,954 2020 6,749,218 - 6,749,218 1.41 2020 11,835,402 (2,298,155)9,537,247 2021 7,075,146 - 7,075,146 1.35 2021 12,341,294 (2,225,997)10,115,297 2022 7,527,789 - 7,527,789 1.34 2022 12,463,700 (2,695,200)9,768,500 2023 8,175,569 - 8,175,569 1.19 2023 14,163,402 (2,762,204)11,401,198 2024 8,174,447 521,859 8,696,306 1.31 2024 15,035,632 (2,830,876)12,204,756 2025 8,176,406 1,245,987 9,422,393 1.30 2025 15,484,972 (2,901,256)12,583,716 2026 7,955,675 1,677,918 9,633,593 1.31 2026 15,905,191 (2,973,389)12,931,802 2027 7,993,534 1,961,365 9,954,899 1.30 2027 16,455,106 (3,047,316)13,407,790 2028 7,988,706 2,380,491 10,369,197 1.29 2028 16,595,880 (3,123,084)13,472,796 2029 8,026,066 2,379,168 10,405,233 1.29 2029 16,836,795 (3,200,738)13,636,057 2030 8,070,459 2,594,918 10,665,378 1.28 2030 16,913,871 (3,280,324)13,633,546 2031 6,589,888 2,591,376 9,181,264 1.48 2031 16,922,693 (3,361,892)13,560,801 2032 6,589,572 2,590,414 9,179,986 1.48 Notes: *Coverage requirement of 1.2 Using previous year operating revenues less expenses and current year's debt Discussion Only Coverage using previous year revenue and expenses 9 JANUARY 10, 2023 23-25 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CITY MANAGER PERFORMANCE EVALUATION FOR 2022 INITIATED BY: CITY COUNCIL WHEREAS, the Common Council previously approved an Employment Agreement for the City Manager which includes a Performance Evaluation Process for yearly evaluations of the City Manager; and WHEREAS, the Council has completed its evaluation and met with the City Manager to review his performance for 2022. NOW, THEREFORE, BE IT RESOLVED that the attached summary of the review of the City Manager and goals for 2023 are hereby adopted. PURPOSE: Council Feedback after City Manager Review FROM: Deputy Mayor Matt Mugerauer DATE: January 5, 2023 City Manager Mark Rohloff is a highly effective leader, who provides steady, calm leadership. We value his opinion and trust his judgment. We continue to be encouraged by his highly motivated staff, and their can-do spirit. He is committed to carrying out the strategic plan. The Oshkosh Common Council has completed the City Manager’s annual review and find he has exceeded our expectations, and that is performance is more than satisfactory. City Manager Rohloff continues to perform at a high level, with genuine enthusiasm and a desire to keep Oshkosh moving forward. In partnership with City Manager Rohloff, we have established goals for 2023 that reflect our mutual desire to continue to making Oshkosh a better place to live, work and play. Matt Mugerauer Deputy Mayor – Oshkosh Common Council 2023 CITY MANAGER GOALS 1. With the input of Council, the Diversity, Equity and Inclusion Committee (DEI) and the Sustainability Advisory Board (SAB), identify goals within their respective plans to pursue for 2023-2024. This includes projects that may be eligible for grant funding, and to seek outside contractual resources to achieve them. 2. Work to infuse both Sustainability and DEI concepts into City policies and City day -to-day operations. 3. Expand the scope of addressing homelessness in Oshkosh by engaging other governmental and nonprofit entities in the region to provide broader services to reduce and prevent homelessness. 4. Continue the City Manager’s leadership work on statewide initiatives to improve the state- local fiscal relationship in order to limit our overreliance on property taxes, including but not limited to a reform of the Shared Revenue program and fully funding the Municipal Services Payment (MSP) program. 5. Work to address inequities in special assessments by providing the Common Council options, with cost estimates and legal feedback. THERE ARE NO ATTACH MENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACH MENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACH MENTS ASSOCIATED WITH THIS ITEM J:\Council Agenda\01.10.23 City Manager Memos\33.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: January 5, 2023 RE: Professional Services Agreement with Strand Associates, Inc. (Strand) for Construction-Related Engineering Services for Bradley Street Culvert Replacements ($75,000) In the late summer/early fall of 2018, it was determined that the Bradley Street culvert crossing of Gallups/Merritts Creek was beginning to fail. The Streets Division did some temporary stabilization of the bottom of the culver ts and the side-slopes of the street. This fix was only a temporary fix as Bradley Street was proposed in the 2022 Capital Improvements Program (CIP) to have a new asphalt street constructed. In conjunction with the 2022 asphalt street project, the culverts were scheduled to be replaced. The money budgeted in 2022 for this Project was utilized on a different project and this Project was then included in the 2023 CIP. Design engineering and bidding assistance services for this Project were previously performed by Strand. The Engineering Division requested a proposal from Strand to provide construction- related engineering services for the replacement of the Bradley Street culverts. The scope of services includes: providing contract administration services, providing resident project representative services, and providing record drawing in electronic format from information compiled from the contractor’s records. Engineering Division staff reviewed the proposed scope of services and the proposed cost, and found that it is in line with the level of effort necessary to complete the project. Strand was chosen to perform these services because of t heir experience in providing similar services to the City and their experience with this Project. The proposed fee is not to exceed $75,000. Funding for these services is available in the Storm Water section of 2023 CIP (Account #03210410-6804-04309/Contract Control-Storm Sewer-23-09 Bradley St Asphalt/Util Const). J:\Council Agenda\01.10.23 City Manager Memos\33.docx Page 2 of 2 Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement. Please contact me if you have any questions concerning this professional services agreement. MAR/jlg J:\Council Agenda\01.10.23 City Manager Memos\34.docx DATE: January 5, 2023 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager RE: Professional Services Agreement with Donohue & Associates, Inc. (Donohue) for Structural Engineering Design and Construction-Related Services for 2023 Capital Improvement Projects (CIP) ($60,000) The Department of Public Works requested a proposal from Donohue for structural engineering design and construction-related services for the various projects in the 2023 CIP. This agreement is intended for use as a master services agreement for engineering support services to the City. All work completed under this agreement will be completed on a task order basis when design criteria have been established for each project needing support. Donohue was chosen because of their staff’s knowledge of the City and experience with this type of work. The work associated with this agreement is anticipated to be complete by the fall of 2023. The cost of these services is estimated not to exceed $60,000 and will be split among the Storm Water, Water Main, Sanitary Sewer, Transportation, and the Street Paving sections of the 2023 CIP. Funding is available in all five (5) sections of the 2023 CIP (Account #03210410-68XX-XXXXX/Multiple Funds and #03231717-7216- 63001/Parking Lot Improvements-Land Improvement-Parking Lot Improvements). Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement. Please contact me if you have any questions concerning this professional services agreement. MAR/jlg I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 1 of 7 AGREEMENT This AGREEMENT, made on the _____ day of ________________, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DONOHUE & ASSOCIATES, INC., 3311 Weeden Creek Road, Sheboygan, WI 53081, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for STRUCTURAL ENGINEERING DESIGN AND CONSTRUCTION-RELATED SERVICES FOR 2023 CAPITAL IMPROVEMENT PROJECTS. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Craig Schuenemann – Structural Engineer B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Alyssa Deckert, P.E. – Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the general services described below:  Preparation of design drawings, review of standard specifications, and preparation of special conditions related to structural engineering components of projects.  Assistance during construction phase of the projects, including review of contractor submittals, and field visits, if necessary. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 2 of 7 This Agreement is a General Services Master Agreement. Services needed will be detailed further within individual task order Project Authorizations. A sample Project Authorization form is attached to this Agreement. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 3 of 7 ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT’s request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT’s work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. CITY’S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE IX. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in each Project Authorization form. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT’s control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. While CONSULTANT has made reasonable efforts to incorporate into their plan for the PROJECT any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or the availability of CITY or CONSULTANT staff or others) to the extent they delay or otherwise impact the PROJECT. In that event, CONSULTANT will notify CITY and work in good faith to equitably address any unexpected impacts therefrom. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 4 of 7 ARTICLE X. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Individual Project Authorization Forms In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XI. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto:  Time and Materials Not to Exceed $60,000 (Sixty Thousand Dollars).  Attached fee schedule shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 5 of 7 ARTICLE XII. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY’s written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XV. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 6 of 7 B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XVI. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Subject to individual review, CONSULTANT’S reports, drawings, specifications, documents, or other deliverables will generally be considered public records that are available to the public upon request. Neither the CITY nor the CONSULTANT, therefore, has control of these documents once they are disclosed as a public record. It is understood between these two parties, however, that CONSULTANT does not intend to state or imply that the PROJECT documents it creates have any purpose unrelated to the PROJECT. To the extent the CITY may re-use or reference any part of the CONSULTANT’S documents or information on unrelated projects, the CITY agrees to independently verify their applicability for unrelated projects and further agrees the Standard of Care applicable to the documents for this PROJECT will not apply to their re- use or reference in unrelated projects. ARTICLE XVII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's agreement price and schedule shall be equitably adjusted. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue- 2023 Struct Eng & CRS Agreement_12-21-22.docx Page 7 of 7 ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT ____________________________ By: _____________________________ ____________________________ Mike Gerbitz (Seal of CONSULTANT Senior Vice President if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Jessi L. Balcom, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\Donohue 2023 Struct Eng & CRS\Donohue Blank Project Authorization Form_12-21-22.doc Page 1 of 1 PROJECT AUTHORIZATION NO. _______ Owner: City of Oshkosh Department of Public Works Authorized Office: 215 Church Avenue, PO Box 1130, Oshkosh, WI 54903-1130 Owner-Authorized Representative: Alyssa Deckert, P.E., Civil Engineering Supervisor_ Project: Structural Engineering Design and Construction-Related Services for 2023 Capital Improvement Projects City of Oshkosh Contract Number: _________ The authorizing Office requires performance of the following described services: Form of Compensation: Time and Materials Not to Exceed: $___________________ Additional Terms and Conditions: None Authorized services shall be performed in accordance with the terms and provisions of the agreement between Donohue & Associates, Inc. and the City of Oshkosh, dated _____________. This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. DONOHUE & ASSOCIATES, INC. Signature: Name: ________________________________ Title: Date: CITY OF OSHKOSH Signature: Name: __Alyssa Deckert, P.E._____________ Title: Civil Engineering Supervisor_______ Date: City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: December 30, 2022 RE: Cooperative Purchase of Ford F350 4WD Pickup for Mechanics Division ($38,357.00) BACKGROUND The 2022 CIP Major Equipment budget allocated $50,000 to provide a pickup truck with lift gate as an additional support vehicle for the Mechanics Division. This vehicle will be used to respond to service calls and to transport parts. This vehicle will have a lift gate and air compressor will which allow for more efficient response to service calls requiring heavy duty tire changes. This memo is to report the purchase of this vehicle pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that Ewald Automotive Group holds the State of Wisconsin Department of Administration contract (#505ENT-M21-VEHICLES-03) for this vehicle. Using this cooperative contract will save $16,705.00 from list price. FISCAL IMPACT The 2022 CIP allocated $50,000 for this purchase. The fiscal impact of this vehicle from Ewald’s state contract is $38,357.00. The balance of funds allocated for this vehicle will be used for the necessary remaining equipment to complete the vehicle including the lift gate and air compressor. This purchase will be charged to A/N#: 03230450 7210 66003 (MOTOR VEHICLES- Pickup Truck with Lift-gate). RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12- 15 of the Municipal Code, I am hereby submitting a report of this purchase to the Common Council. If you have any questions on this purchase please contact myself or General Services Manager Jon Urben. Respectfully Submitted, Mark A. Rohloff, City Manager City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options Staff has been directed to continue reviewing options to special assessments. Council has reviewed legal issues.2/28/2023 Awaiting outcome of Pewaukee and Buchanan cases 11/12/2019 Finance & Public Works Study the feasibility of creating "Lifeline" rates for base level utility usage PSC is reviewing information submitted and will provide feedback to City prior to Council consideration of any change in utility rate structures 2/14/2023 Awaiting PSC review 6/9/2020 City Manager Community Conversations to address racism The City Manager is seeking contacts to initiate discussions with community leaders in order to identify next steps. The Mayor and City Manager recently met with Menominee Tribal government representatives. 1/24/2023 Delayed due to COVID pandemic 1/10/2023 City Manager Engage other governmental and non-profit entities in the region to reduce and prevent homelessness Based on the recent emergency, more interagency and community discussion are needed to address this growing problem. 3/31/2023 1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and City day to day operations Key Performance Indicators (KPI's) have been approved by the DEI Committee, they are included in 2023 budget.1/30/2023 Report on KPIs will be available once year end 2022 data is available 1/1/2021 City Manager Continue participating in State wide initiatives to improve Oshkosh’s shortfall in state-local funding, including reform of Shared Revenue program and fully funding MSP program. The City Manager participated as a member of statewide committee to investigate local sources of revenue. League of Municipalities using committee report in lobbying efforts. 3/1/2023 8/24/2021 Community Development Convention and Visitors Bureau (CVB) Tourism Assessment City staff is working with the CVB and other community partners on a Downtown Area study.3/31/2023 Initial meetings on Downtown study began on 12/8/22 5/10/2022 City Manager ARPA funding for non-infrastructure purposes 2 Non-profit applications are under review.1/24/2023 11/9/2022 City Manager Graffiti Staff will present ordinance amendment after 1/1/23 1/24/2023 11/9/2022 City Manager Boards and Commissions Study Staff will prepare resolution to create Council Committee 1/24/2023 1/10/2023 Council Meeting