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02.14.23 FULL AGENDA
If 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). OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN February 14, 2023 A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Miller B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE Webster Stanley Elementary School and Webster Stanley Middle School E. PROCLAMATIONS F. CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) G. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1. Report of Bills by the Finance Director 2. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 1.24.23 3. Receipt & Filing of Meeting Minutes – Museum Board Meeting 1.5.23 4. Res 23-43 Disallowance of Claim - Homes of Havenwood Village VIII 5. Res 23-44 Disallowance of Claim - Christine Schetter; Secura Insurance 6. Res 23-45 Approve Purchase of Trimble R12I GPS Unit and Associated Equipment from Seiler Geospatial ($34,200.86) 7. Res 23-46 Approve Land Acquisition from Kay E. Spanbauer of Portions of Tax I.D. Parcels Nos. 00203790407 and 00203790408 for Contract 21-15 Sawyer Creek Rural II Detention Basin ($530,300.00) OSHKOSH COMMON COUNCIL – February 14, 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. G. CONSENT AGENDA ITEMS continued 8. Res 23-47 Approve Professional Service Agreement with AECOM for Environmental and Field Inspection Services Related to the Construction of City Contract 22-02 East 9th Avenue Reconstruction ($146,125.00) 9. Res 23-48 Approve Purchase of Manhole / Inlet Castings for Public Works Department ($202,333.00) 10. Res 23-49 Approve CIP Amendment and Award bid for Public Works Contract No. 23-06 to LaLonde Contractors, Inc. for Concrete Sidewalk (New and Rehabilitation) ($1,483,076.90) 11. Res 23-50 Approve Street Right of Way Dedication at 17 Washington Avenue (Plan Commission Recommends Approval) 12. Res 23-51 Approve Street Right of Way Dedication on the South Side of East 9th Avenue (Plan Commission Recommends Approval) 13. Res 23-52 Approve Conditional Use Permit for a Manufacturing Retail Land Use, Outdoor Commercial Entertainment, and Adaptive Reuse at 959 West 6th Avenue (Plan Commission Recommends Approval) 14. Res 23-53 Approve Cooperative Purchase of Street Sweeper from Macqueen Equipment for Streets Division ($320,931.00) 15. Res 23-54 Approve Cooperative Purchase of Vehicle Barriers from Meridian Rapid Defense Group for Police Department ($198,009.34) 16. Res 23-55 Approve Cooperative Purchase of Skid Steer from Fabick CAT for Parks Department ($81,302.37) 17. Res 23-56 Approve Cooperative Purchase of Hydro Excavator and Chassis from Macqueen Equipment for Water Distribution Division ($603,423.00) 18. Res 23-57 Approve Professional Services Agreement with Kueny Architects, L.L.C. for Architectural Services for Police Department 3rd Avenue Storage Facility Renovation ($93,360.00) 19. Res 23-58 Award Bid to Sure-Fire Inc. for Roof Top Unit Replacements for the Oshkosh Public Library ($554,500.00) 20. Res 23-59 Award Bid to Creative Sign Company for Electronic Message Center for Oshkosh Convention Center ($46,980.00) 21. Res 23-60 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD, for the Arthur, Bauman and Tyler Reconstruction Project ($91,140.84) 22. Res 23-61 Appointments to Various Boards & Commissions 23. Res 23-62 Approve Agent Change for Combination “Class A” & “Class B” License, Special Class “B” License, Combination “Class B” License & Operator Licenses H. ITEMS REMOVED FROM CONSENT AGENDA OSHKOSH COMMON COUNCIL – February 14, 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. I. NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) * 24. Ord 23-63 Approve Zone Change from Single Family Residential-5 District (SR-5) and Institutional District (I) to Suburban Mixed Use (SMU) for Properties Located on the South Side of the 2100 Block of West 9th Avenue (Plan Commission Recommends Approval) * 25. Ord 23-64 Approve Zone Change from Multi-Family Residential-12 District (MR-12) to Multi-Family Residential-12 District with a Planned Development Overlay (MR-12-PD) for Property Located on the North Side of West 20th Avenue (Plan Commission Recommends Approval) * 26. Ord 23-65 Approve Amendments to Chapter 30 Zoning Ordinance Pertaining to Implementation of the City of Oshkosh Housing Study and Needs Assessment (Plan Commission Recommends Approval) * 27. Ord 23-66 Create Section 4-5.2 and Amend Sections 4-24, 4-25, and 30-87 of the City of Oshkosh Municipal Code all pertaining to the Regulation of Beer Gardens 28. Ord 23-67 Approve Revisions to Ordinance 22-474 the Intermediate Attachment of Properties from Town of Algoma Effective March 1, 2023 Per Approved Cooperative Plan; Zone C Generally Located East of Clairville Road, South of Witzel Avenue, and North of State Road 91 (Staff Recommends Waiving Second Reading) J. PENDING ORDINANCE 29. Ord 23-68 Approve Zone Change from Institutional District with a Planned Development Overlay (I-PD) to Riverfront Mixed Use District with Planned Development and Riverfront Overlays (RMU-PD-RFO) for the Property Located at the Northwest Corner of West 4th Avenue and Michigan Street (Plan Commission Recommends Approval) K. NEW RESOLUTIONS 30. Res 23-69 Approve Creation of Ad Hoc Committee to Solicit Input on the City’s Clearwells Replacement Project Aesthetic Features 31. Res 23-70 Approve Installation of New Sidewalk: I.) Bauman Street, east side, from Taft Avenue to Buchanan Avenue II.) Buchanan Avenue, north side, from Bauman Street to Josslyn Street 32. Res 23-71 Approve Assignments, Assumptions and Amendments to: A) TIF #25 Development Agreement, B) Convention Center Management Agreement, and C) Lease and Parking Agreement for the parking garage located adjacent to 1 North Main Street With Oshkosh Investors, LLC and their assignee, 1 N. Main LLC OSHKOSH COMMON COUNCIL – February 14, 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. L. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 33. Future Agenda Items: TBD – Closed Session / Negotiate Development Agreement for City Center 34. Future Workshops: M. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 35. Report of Council Liaison for Boards & Commissions N. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 36. Sustainability Advisory Board 2023 Goals 37. Outstanding Issues O. ADJOURN AS WE GATHER TONIGHT, WE ARE GRATEFUL FOR THE GOOD THINGS THAT HAVE COME TO THIS CITY. MAY OUR DECISIONS ALWAYS BE ONES THAT ARE FOR THE WELL-BEING OF ALL WHOM WE GOVERN. CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6536 01/27/2023 ADVANCED ASBESTOS REMOVAL INC 2,330.00 6537 01/27/2023 AECOM INC 15,995.50 6538 01/27/2023 AIRGAS USA LLC 3,330.64 6539 01/27/2023 CDW GOVERNMENT INC 12,992.08 6540 01/27/2023 CHEMTRADE CHEMICALS US LLC 3,983.92 6541 01/27/2023 CINTAS CORPORATION 931.47 6542 01/27/2023 CINTAS FIRE 636525 3,729.38 6543 01/27/2023 COMPASS MINERALS AMERICA 115,221.92 6544 01/27/2023 DALE MARTIN 345.00 6545 01/27/2023 DIGITAL PRINTING INNOVATIONS 170.62 6546 01/27/2023 COMPLETE OFFICE OF WISCONSIN INC 2,488.84 6547 01/27/2023 ENVIROTECH EQUIPMENT 324.60 6548 01/27/2023 ENVISIO SOLUTIONS INC 14,079.45 6549 01/27/2023 FERGUSON WATERWORKS #1476 31,136.35 6550 01/27/2023 FIRELINE SPRINKLER CORPORATION 275.00 6551 01/27/2023 GFL ENVIRONMENTAL 162.04 6552 01/27/2023 GODFREY AND KAHN SC 6,836.50 6553 01/27/2023 HAROLD CARPENTER AND COMPLETE OVERHEAD 1,335.50 6554 01/27/2023 J F AHERN CO 515.00 6555 01/27/2023 JFTCO INC 4,852.39 6556 01/27/2023 JOHNSON CONTROLS US HOLDINGS LLC 840.47 6557 01/27/2023 K AND C PEST CONTROL LLC 205.00 6558 01/27/2023 KEMIRA WATER SOLUTIONS INC 10,362.84 6559 01/27/2023 KOBUSSEN BUSES LTD 180.78 6560 01/27/2023 MACQUEEN EQUIPMENT GROUP 191.00 6561 01/27/2023 MCMAHON ASSOCIATES INC 2,380.00 6562 01/27/2023 M10 INC 1,405.60 6563 01/27/2023 NITRO SOFTWARE INC 29.17 6564 01/27/2023 OSHKOSH CONVENTION AND 5,577.34 6565 01/27/2023 PACKER CITY INTL TRUCKS INC 1,820.54 6566 01/27/2023 PICTOMETRY INTERNATIONAL CORP 1,650.00 6567 01/27/2023 PSYCHOLOGIE CLINIQUE SC 575.00 6568 01/27/2023 RENNING LEWIS AND LACY SC 3,137.00 6569 01/27/2023 RNOW INC 419.82 6570 01/27/2023 STATE PUMP SUPPLY LLC 1,998.80 6571 01/27/2023 TYLER TECHNOLOGIES INC 91,623.57 6572 01/27/2023 VANGUARD COMPUTERS INC 3,090.00 6573 01/27/2023 WI PUBLIC SERVICE CORP 42,246.34 6574 01/27/2023 WILLIS TOWERS WATSON MIDWEST INC 71,960.64 6575 01/27/2023 WINNEBAGO AREA LITERACY COUNCIL 38,062.00 6576 01/27/2023 WINNEBAGO COUNTY TREASURER 53,208.00 6577 01/27/2023 ZORN COMPRESSOR & EQUIP INC 151.47 502095 01/27/2023 ADAM KRAUSE 14.41 502096 01/27/2023 ADVOCAP INC 3,141.33 502097 01/27/2023 ALEXANDER CHEMICAL CORPORATION 12,317.40 502098 01/27/2023 ASSURANCE TITLE SERVICES INC 41.94 502099 01/27/2023 BOUND TREE MEDICAL LLC 125.81 502100 01/27/2023 BUSSE PAUL E 64.54 502101 01/27/2023 CASEY KOELBL 27.51 502102 01/27/2023 CHRISTINE ANN DOMESTIC ABUSE 5,000.00 502103 01/27/2023 CUMINGS ELECTRIC INC 1,975.00 502104 01/27/2023 DIGGERS HOTLINE INC 508.80 502105 01/27/2023 EHLERS 4,125.00 502106 01/27/2023 FOX VALLEY TECH COLLEGE 700.00 502107 01/27/2023 GALLS LLC 343.91 502108 01/27/2023 GARTMAN MECHANICAL SERVICES 346,595.00 502109 01/27/2023 GEFFERS LORI OR JASON 83.88 502110 01/27/2023 GIZMO OSHKOSH LLC 13,260.12 502111 01/27/2023 GRAINGER INC 1,496.76 502112 01/27/2023 HAIDLINGER SUSAN D 67.31 502113 01/27/2023 HERMAN PROPERTIES LLC 2,700.00 502114 01/27/2023 HICKEY ROOFING INC 6,650.00 502115 01/27/2023 HMF INNOVATIONS LLC 2,787.00 502116 01/27/2023 HYDROCLEAN EQUIPMENT INC 602.60 502117 01/27/2023 JERRY FABISCH 36.68 502118 01/27/2023 KANE COMMUNICATIONS GROUP 20,242.25 502119 01/27/2023 KLINK EQUIPMENT 2,705.92 502120 01/27/2023 M&J WRIGHT INVESTMENTS INC 30.59 502121 01/27/2023 FOX WOLF WATERSHED ALLIANCE INC 2,260.00 502122 01/27/2023 NORTHERN ELECTRIC INC 13,274.04 502123 01/27/2023 G S DAVIES INC 93.24 502124 01/27/2023 Jessica Erspamer 147.00 502125 01/27/2023 Nicholas & Michelle Ruzek 9,006.33 502126 01/27/2023 CITY OF OSHKOSH 44.00 502127 01/27/2023 POMP'S TIRE SERVICES INC 4,386.54 502128 01/27/2023 GRETCHEN L HERRMANN 1,575.00 502129 01/27/2023 PUBLIC SERVICE COMMISSION OF WI 1,391.69 502130 01/27/2023 RAILWORKS TRACK SYSTEMS INC 20,000.00 502131 01/27/2023 REGISTRATION FEE TRUST 169.50 502132 01/27/2023 SABRINA BROUILLETTE 24.89 502133 01/27/2023 SCHAMENS MARK 1,120.00 502134 01/27/2023 SEILER INSTRUMENT & MFG CO INC 830.72 502135 01/27/2023 SERWE IMPLEMENT CO INC 735.31 502136 01/27/2023 SLATTERY FRANCIS OR JANE 92.61 502137 01/27/2023 SONSEEKER POOL MASONRY LLC 93,560.63 502138 01/27/2023 THOMSON REUTERS - WEST 362.79 502139 01/27/2023 TKK ELECTRONICS C/O US BANK NA 4,157.80 502140 01/27/2023 TREEO'S TREE SERVICE INC 150,000.00 502141 01/27/2023 UNITED PARCEL SERVICE 134.34 502142 01/27/2023 US OILCHEK 40.00 502143 01/27/2023 WI CONCRETE PAVEMENT ASSOC 2,450.00 502144 01/27/2023 WISCONSIN DEPARTMENT OF JUSTICE - TIME 5,718.00 502145 01/27/2023 WI DEPT OF SAFETY & PRO SVCS 195.00 502146 01/27/2023 WISCONSIN MEDIA 1,314.58 502147 01/27/2023 W W O A 738.00 1,291,617.35 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6580 02/03/2023 ADVANCED ASBESTOS REMOVAL INC 3,950.00 6581 02/03/2023 AECOM INC 101,850.45 6582 02/03/2023 APPLETON SIGN COMPANY 1,418.00 6583 02/03/2023 ATLAS COPCO COMPRESSORS LLC 760.00 6584 02/03/2023 AURORA HEALTH CARE 1,228.00 6585 02/03/2023 BADGER LAB & ENGINEERNG CO INC 3,703.00 6586 02/03/2023 BROOKS TRACTOR INC 629.16 6587 02/03/2023 BROWN AND CALDWELL 9,313.18 6588 02/03/2023 CINTAS CORPORATION 242.64 6589 02/03/2023 COMMUNICATIONS ENGINEERING CO 343.75 6590 02/03/2023 CONSTELLATION ENERGY SERVICES 42,759.82 6591 02/03/2023 CORE AND MAIN LP 5,247.75 6592 02/03/2023 CORRPRO COMPANIES INC 655.00 6593 02/03/2023 CUBIC ITS INC 18,995.00 6594 02/03/2023 DIGITAL PRINTING INNOVATIONS 35.00 6595 02/03/2023 DORNER INC 314,177.57 6596 02/03/2023 DR HANSEN PLUMBING LLC 1,008.88 6597 02/03/2023 ENERGY SOLUTION PARTNERS LLC 29,049.06 6598 02/03/2023 ENVISIONINK PRINTING SOLUTIONS INC 5,422.23 6599 02/03/2023 FERGUSON WATERWORKS #1476 1,700.90 6600 02/03/2023 FRANK CONTRACTORS LLC 3,211.76 6601 02/03/2023 CENGAGE LEARNING INC 1,604.80 6602 02/03/2023 GARROW OIL CORP 26,202.39 6603 02/03/2023 GARROW OIL MARKETING 26,292.74 6605 02/03/2023 HOLIDAY WHOLESALE 358.26 6606 02/03/2023 HUNTER SECURITY AND SURVEILLANCE 16,129.96 6608 02/03/2023 JACOBS ENGINEERING GROUP INC 346,235.86 6609 02/03/2023 JEFF FOUST EXCAVATING INC 8,706.60 6610 02/03/2023 KEMIRA WATER SOLUTIONS INC 10,258.80 6611 02/03/2023 MACCO'S COMMERCIAL INTERIORS 1,944.00 6612 02/03/2023 MACQUEEN EQUIPMENT, LLC 4,620.00 6613 02/03/2023 MCC INC 558.80 6614 02/03/2023 MECHANICAL TECHNOLOGIES INC 2,755.00 6615 02/03/2023 METRO MILWAUKEE FAIR HOUSING COUNCIL 2,180.00 6616 02/03/2023 MONROE TRUCK EQUIPMENT 310.30 6617 02/03/2023 NORTHERN LAKE SERVICE INC 1,370.95 6619 02/03/2023 OTIS ELEVATOR COMPANY 3,477.48 6620 02/03/2023 PLYMOUTH LUBRICANTS 5,777.82 6621 02/03/2023 PROFESSIONAL SVC INDUSTRIES 7,570.40 6622 02/03/2023 P T S CONTRACTORS INC 130,010.35 6623 02/03/2023 QUALITY TRUCK CARE CENTER INC 1,885.27 6624 02/03/2023 REINDERS INC 8,831.79 6625 02/03/2023 RJN GROUP INC 600.00 6626 02/03/2023 SERVICEMASTER BLDG MAINTENANCE 4,705.00 6627 02/03/2023 SMITHGROUP INC 14,550.00 6628 02/03/2023 SPEEDY CLEAN DRAIN & SEWER 18,720.36 6629 02/03/2023 STRAND ASSOCIATES INC 26,124.33 6630 02/03/2023 WASTE MANAGEMENT OF WI-MN 11,632.88 6631 02/03/2023 WI PUBLIC SERVICE CORP 26,112.19 6632 02/03/2023 WILLIS TOWERS WATSON MIDWEST INC 12,461.97 6633 02/03/2023 WINNEBAGO COUNTY TREASURER 26,557.23 6634 02/03/2023 WINNEBAGO COUNTY TREASURER 900.00 502148 02/03/2023 AUTOMATED COMFORT CONTROLS INC 1,441.45 502149 02/03/2023 GUENTHER SUPPLY INC 2,597.26 502150 02/03/2023 INTERSTATE POWER SYSTEMS INC 3,450.00 502151 02/03/2023 OSHKOSH CONVENTION AND 331.50 502152 02/03/2023 AARDVARK 6,698.78 502153 02/03/2023 ADAM KRAUSE 170.30 502154 02/03/2023 ALL AMERICAN DJ SERVICE 375.00 502155 02/03/2023 AMERICAN PLANNING ASSOCIATION-WI 50.00 502156 02/03/2023 AT & T 839.54 502157 02/03/2023 B AND P MECHANICAL INC 33,005.00 502158 02/03/2023 BERGSTROM AUBURN HILLS OF OSHKOSH INC 2,565.77 502159 02/03/2023 BEST WESTERN PREMIER WATERFRONT HOTEL 942.99 502160 02/03/2023 BOUND TREE MEDICAL LLC 1,725.55 502161 02/03/2023 CARDINAL CONSTRUCTION CO INC 870,601.63 502162 02/03/2023 CASEY KOELBL 150.65 502163 02/03/2023 CHERYL SELL 25.00 502164 02/03/2023 CHRIS HAEDT 96.94 502165 02/03/2023 CURT KLASKE 320.30 502166 02/03/2023 DONOHUE & ASSOCIATES INC 3,867.50 502167 02/03/2023 DRIESSEN CARPENTRY 250.00 502168 02/03/2023 EHLERS 3,800.00 502169 02/03/2023 FOX VALLEY MEP INC 4,000.00 502170 02/03/2023 GARTMAN MECHANICAL SERVICES 3,388.46 502171 02/03/2023 HDA LIFTS LLC 1,929.50 502172 02/03/2023 HOUSEAL LAVIGNE ASSOCIATES LLC 10,438.90 502173 02/03/2023 JAMES PIONKE 25.00 502174 02/03/2023 JERRY FABISCH 216.15 502175 02/03/2023 JON MATULLE 25.00 502176 02/03/2023 JON MUELLER 106.11 502177 02/03/2023 A. KALMERTON WELDING SUPPLIES 363.00 502178 02/03/2023 KATRINA MALSON 92.36 502179 02/03/2023 KLINK EQUIPMENT 2,476.62 502180 02/03/2023 LEDTRONICS INC 7,951.50 502181 02/03/2023 MARK A ROHLOFF 129.73 502182 02/03/2023 WESTWOOD PROFESSIONAL SERVICES INC 2,775.00 502183 02/03/2023 Diane Heil 15.00 502184 02/03/2023 OSHKOSH AREA COMMUNITY FOUNDATION 500.00 502185 02/03/2023 OSHKOSH AREA HUMANE SOCIETY 1,140.00 502186 02/03/2023 OSHKOSH CHAMBER OF COMMERCE 500.00 502187 02/03/2023 CITY OF OSHKOSH 576,337.87 502188 02/03/2023 OSHKOSH HERALD LLC 1,111.32 502189 02/03/2023 CITY OF OSHKOSH UTILITIES 18.99 502190 02/03/2023 POMP'S TIRE SERVICES INC 69.00 502191 02/03/2023 DUNCAN SOLUTIONS LLC 6,164.40 502192 02/03/2023 RAYS SANITATION LLC 150.00 502193 02/03/2023 ROGUE GRAPHX LLC 1,259.71 502194 02/03/2023 ROLYAN BUOYS 6,935.02 502195 02/03/2023 BLACK DRAGON LTD 1,000.00 502196 02/03/2023 SCHULZE EXTERIORS LLC 11,065.00 502197 02/03/2023 SIG ARMS INC 453.64 502198 02/03/2023 SMA CONSTRUCTION SERVICES LLC 345,467.03 502199 02/03/2023 TKK ELECTRONICS C/O US BANK NA 1,190.00 502200 02/03/2023 TONY TOFARI 25.00 502201 02/03/2023 UNITED PARCEL SERVICE 89.71 502202 02/03/2023 US BANK TRUST 1,500.00 502203 02/03/2023 US CELLULAR 33.75 502204 02/03/2023 USDA-APHIS-WILDLIFE SERVICES 100.00 502205 02/03/2023 VERIZON WIRELESS 120.03 502206 02/03/2023 VON BRIESEN AND ROPER SC 1,228.50 502207 02/03/2023 WI DEPT OF FIN. INSTITUTIONS 40.00 502208 02/03/2023 WISCONSIN DEPARTMENT OF REVENUE 19,069.14 502209 02/03/2023 WI DEPT OF TRANSPORTATION 1,352.97 502210 02/03/2023 WI EMERGENCY MANAGEMENT 1,660.00 3,240,965.25 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6635 02/10/2023 ADVANTAGE POLICE SUPPLY INC 301.55 6636 02/10/2023 AIRGAS USA LLC 3,133.01 6637 02/10/2023 APPLETON SIGN COMPANY 500.00 6638 02/10/2023 AURORA HEALTH CARE 435.00 6639 02/10/2023 BADGER LAB & ENGINEERNG CO INC 2,704.90 6640 02/10/2023 BROOKS TRACTOR INC 5,074.72 6641 02/10/2023 CINTAS CORPORATION 658.50 6642 02/10/2023 CUMMINS INC 6,049.75 6643 02/10/2023 DFI SOLUTIONS IN PRINT INC 5,589.38 6644 02/10/2023 ENVISIONINK PRINTING SOLUTIONS INC 1,306.00 6645 02/10/2023 FIRE APPARATUS & EQUIPMENT INC 8,926.37 6646 02/10/2023 HAWKINS INC 10,692.89 6647 02/10/2023 HYDRO CORP 6,187.00 6648 02/10/2023 JOSEPH M STANDIFORD 133.79 6649 02/10/2023 JUSTIFACTS CVS INC 651.65 6650 02/10/2023 KEMIRA WATER SOLUTIONS INC 10,353.46 6651 02/10/2023 KERBERROSE S.C.15,000.00 6652 02/10/2023 KONE INC 1,342.91 6653 02/10/2023 M10 INC 192.64 6654 02/10/2023 MULCAHY/SHAW WATER INC 2,273.68 6655 02/10/2023 NOVER ENGELSTEIN & ASSOCIATES 835.00 6656 02/10/2023 OSHKOSH CITY CAB CO INC 101,589.00 6657 02/10/2023 OSHKOSH CONVENTION AND 101,876.37 6658 02/10/2023 PACKER CITY INTL TRUCKS INC 530.00 6659 02/10/2023 PRIMADATA LLC 11,959.76 6660 02/10/2023 RED SHOES INC 3,200.00 6661 02/10/2023 REINDERS INC 247.73 6662 02/10/2023 ROCK OIL REFINING INC 45.00 6663 02/10/2023 RUCINSKYS PAINT AND DECORATING LLC 2,044.25 6664 02/10/2023 SHI INTERNATIONAL CORP 171,896.79 6665 02/10/2023 MCCLONE 324,270.00 6666 02/10/2023 ON TIME EMBROIDERY INC 2,012.00 6667 02/10/2023 VANGUARD COMPUTERS INC 13,105.00 6668 02/10/2023 VINTON CONSTRUCTION INC 33,084.50 6669 02/10/2023 WI PUBLIC SERVICE CORP 32,360.53 6670 02/10/2023 WILLIS TOWERS WATSON MIDWEST INC 40.00 502211 02/10/2023 ACCU COM INC 4,625.00 502212 02/10/2023 ADAM KRAUSE 213.53 502213 02/10/2023 ALL FERNAU LLC 745.73 502214 02/10/2023 AMERICAN PUBLIC WORKS ASSN 244.00 502215 02/10/2023 ANDREW J PRICKETT 154.58 502216 02/10/2023 APRIL HINKE 1,193.92 502217 02/10/2023 ASSESSMENT TECHNOLOGIES OF WISCONSIN LLC 190.00 502218 02/10/2023 AT & T 1,335.25 502219 02/10/2023 BAM PROPERTY HOLDINGS LLC 18.66 502220 02/10/2023 BEST WESTERN PREMIER WATERFRONT HOTEL 1,274.26 502221 02/10/2023 BOUND TREE MEDICAL LLC 1,039.47 502222 02/10/2023 BRANDON C NIELSEN 35.37 502223 02/10/2023 BRIAN SCHULDES 99.67 502224 02/10/2023 CARAHSOFT TECHNOLOGY CORPORATION 6,100.00 502225 02/10/2023 CRAIG A RAMTHUN 108.73 502226 02/10/2023 CROWL JEREMY R 34.64 502227 02/10/2023 DEJAGER JUSTIN 55.24 502228 02/10/2023 DIGGERS HOTLINE INC 6,268.80 502229 02/10/2023 DUANE OTT 246.53 502230 02/10/2023 DUMKE ARTHUR W 16.30 502231 02/10/2023 ESTATE OF WILLIAM F WINGREN 48.08 502232 02/10/2023 WISCONSIN STATE FOUNDATION SERVICES INC 20,000.00 502233 02/10/2023 FIDELITY NATIONAL TITLE COMPANY 248.62 502234 02/10/2023 FRIEDEL KORY A 41.02 502235 02/10/2023 GALLS LLC 68.64 502236 02/10/2023 GALLS LLC 563.55 502237 02/10/2023 GRUESCH PROPERTIES LLC 64.60 502238 02/10/2023 HEIN MARILYN 59.03 502239 02/10/2023 JACOB DEDERING 5.90 502240 02/10/2023 JASON ELLIS 24.89 502241 02/10/2023 JODI ST CHARLES 36.03 502242 02/10/2023 JOHN ZARATE 39.96 502243 02/10/2023 A. KALMERTON WELDING SUPPLIES 244.10 502244 02/10/2023 KENNETH L GRESSER 64.85 502245 02/10/2023 KEVIN P KIESOW 124.45 502246 02/10/2023 KODI PARKER 5.90 502247 02/10/2023 STEVE KRUEGER 120.00 502248 02/10/2023 THE LEAGUE OF WISCONSIN MUNICIPALITIES 225.00 502249 02/10/2023 LIENHARD BETTE J 32.34 502250 02/10/2023 MAIN STREET MANAGEMENT 41.22 502251 02/10/2023 MARSHALL & SWIFT/BOECKH LLC 674.20 502252 02/10/2023 MATTHEW ZIEGLER 68.27 502253 02/10/2023 MIKE HOTTER 101.48 502254 02/10/2023 MUINDE SAMUEL OR SANDRA 41.94 502255 02/10/2023 NICOLE KRAHN 125.76 502256 02/10/2023 3300 W COLLEGE DEVELOP LLC/REALCO LT 1,000.00 502257 02/10/2023 AHRENS BRUCE A/MICHELLE 288.62 502258 02/10/2023 BK INVESTMENTS I LLC 874.57 502259 02/10/2023 BRAUN SR DONALD M/BARBARA 388.37 502260 02/10/2023 BURNS DAVID 2,203.01 502261 02/10/2023 CBC PROPERTY MANAGEMENT LLC 424.64 502262 02/10/2023 CORTESE CATERINA 868.33 502263 02/10/2023 Donald Martin 20.00 502264 02/10/2023 DREXLER TIMOTHY/JO ANN M 34.36 502265 02/10/2023 DVORAK MICHELLE D 60.05 502266 02/10/2023 FIVE BELOW INC 762.60 502267 02/10/2023 GRAY KILEY E 2,100.03 502268 02/10/2023 HAGERMAN CHAD S 3,091.73 502269 02/10/2023 HAMILTON DYLAN/ROSALBA & 2,524.09 502270 02/10/2023 HOFFMAN/SUSAN ROSENB DEAN P 336.86 502271 02/10/2023 Jared S. 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Grapentine and Wally Schmid Excavating, 5,485.00 502281 02/10/2023 MISEVICZ JOSEPH 262.22 502282 02/10/2023 OBERSTADT RAYMOND K/PATTI 225.94 502283 02/10/2023 ORLANDO MARK 139.00 502284 02/10/2023 PANTO PROPERTIES LLC 1,584.48 502285 02/10/2023 PARMLEY WAYNE C/JENNIFER 402.89 502286 02/10/2023 PETERS PAUL J/KRISTEN 262.22 502287 02/10/2023 POKLASNY PATRICIA A 82.97 502288 02/10/2023 ROBERTSON DAVID/GAO JOUA 3,906.85 502289 02/10/2023 SAGMEISTER JOSEPH 262.22 502290 02/10/2023 SAVINGS SQUARE PARTNERS LTD 11,617.22 502291 02/10/2023 SCOTT MICHAEL R 2,454.32 502292 02/10/2023 SEVERSON STEVEN R 3,974.52 502293 02/10/2023 TOMASON TERRELL W/JANE M 292.78 502294 02/10/2023 TOWN N' COUNTRY TITLE 407.53 502295 02/10/2023 VANCE PAT G 4,863.23 502296 02/10/2023 VANG PAO Y 2,173.27 502297 02/10/2023 WELLES CHRISTOPHER/NICO 1,101.18 502298 02/10/2023 WITTENBERG PROPERTIES LLC 79.89 502299 02/10/2023 WORTMAN MARK B 482.53 502300 02/10/2023 OSHKOSH AREA SCHOOL DISTRICT 4,402.09 502301 02/10/2023 OSHKOSH HERALD LLC 3,138.14 502302 02/10/2023 OSHKOSH OA LLC 187.43 502303 02/10/2023 CITY OF OSHKOSH UTILITIES 25.99 502304 02/10/2023 OWEN BRANDON OR LANA 32.64 502305 02/10/2023 PATTON ELAINE 109.74 502306 02/10/2023 POISSON JOSEPH 41.94 502307 02/10/2023 POMP'S TIRE SERVICES INC 261.61 502308 02/10/2023 QUASIUS GREGORY J 92.49 502309 02/10/2023 RAYS SANITATION LLC 160.00 502310 02/10/2023 RIESTERER & SCHNELL INC 467.21 502311 02/10/2023 ROBERT REWOLINSKI 63.93 502312 02/10/2023 ROLL N RACK LLC 6,750.00 502313 02/10/2023 SARAH DANAHY 780.00 502314 02/10/2023 SCHILCHER PAULA 41.94 502315 02/10/2023 TERRY L SCHULTZ 5,375.00 502316 02/10/2023 MARK T DALLEZOTTE 799.00 502317 02/10/2023 STANNARD CLEANERS 2,458.95 502318 02/10/2023 STERICYCLE INC 163.64 502319 02/10/2023 TITAN PROPERTY MANAGEMENT LLC 440.85 502320 02/10/2023 TODD MUEHRER 21.62 502321 02/10/2023 TRANSPORTATION DVLPMNT ASSOC 335.00 502322 02/10/2023 UMS PRINT SOLUTIONS 410.08 502323 02/10/2023 UNITED PARCEL SERVICE 173.41 502324 02/10/2023 US OILCHEK 60.00 502325 02/10/2023 VERIZON CONNECT FLEET USA LLC 3,277.10 502326 02/10/2023 WALZER ANNA 45.69 502327 02/10/2023 WISCONSIN DEPARTMENT OF JUSTICE 375.00 502328 02/10/2023 WISCONSIN LAND SURVEYING INC 900.00 502329 02/10/2023 GANNETT WISCONSIN MEDIA 41.00 1,023,133.65 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN January 24, 2023 REGULAR MEETING held Tuesday, January 24, 2023 at 6:00 p.m. in the Council Chambers, City Hall. Deputy Mayor Mugerauer presided. PRESENT: Council Members Courtney Hansen, Bill Miller, Aaron Wojciechowski, Lynnsey Erickson, Michael Ford, Matt Mugerauer. EXCUSED: Mayor Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; and Lynn Lorenson, City Attorney. PROCLAMATIONS: Transit Equity Day – Deb Martin, 164 Wyldewood Drive, accepted the proclamation and thanked the bus drivers. Steven Tomasik, Transit Operations Manager also spoke regarding Transit Equity Day in Oshkosh CITIZEN STATEMENTS TO COUNCIL Carrie Olson, 578 N. Main Street, Apt. B, Oshkosh spoke regarding Public Art. CONSENT AGENDA ITEMS 1. Report of Bills by the Finance Director 2. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 1.10.23 3. Receipt & Filing of Claim filed with the City’s Insurance Company: A. Roy Krueger, American Family; alleged damage to claimant’s vehicle due to sideswipe by city fire truck B. Henry Bongers, alleged injuries due to bike hitting pothole on N. Westfield Street 4. Res 23-26 Disallowance of Claim Larry Tesch - Allstate 5. Res 23-27 Approve CIP Budget Amendment and Award Bid for Public Works Contract No. 23-08 to PTS Contractors, Inc. for Arthur Avenue, Tyler Avenue, Coolidge Avenue, and Bauman Street Reconstruction ($5,678,000.00) 6. Res 23-28 Approve Submittal of Community Development Investment Vibrant Spaces Program Grant Application to Wisconsin Economic Development Corporation ($32,750.00) (Business Improvement District Recommends Approval) 7. Res 23-29 Accept Storm Sewer Easements 1 & 2 Located at 191 West 28th Avenue (Plan Commission Recommends Approval) 2 8. Res 23-30 Approve Cooperative Purchase of 2023 Police Vehicles from Ewald Automotive Group for Police Department ($223,835.00) 9. Res 23-31 Approve Cooperative Purchase of Electronic Poll Books from Paragon Development Systems Inc. for City Clerk’s Department ($95,218.25) 10. Res 23-32 Approve Cooperative Purchase of 2023 Microsoft Office Licenses from SHI International Corp. for Information Technology Division ($171,277.60) 11. Res 23-33 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD, for the Wisconsin Street Reconstruction Project ($48,786.80) 12. Res 23-34 Approve Special Event – Winnebago Bicycle to utilize Opera House Square (Sundial Area) for the Bike to Work event May 19, 2023 13. Res 23-35 Approve Special Event – UW Oshkosh Cross Country to utilize Menominee Park & City streets for the Titan 5K August 5, 2023 14. Res 23-36 Approve Special Event - Vietnam Veterans of America Chapter 437 to utilize South Park War Monument for the POW MIA Remembrance Ceremony September 16, 2023 15. Res 23-37 Approve Intergovernmental Cooperation Agreement between The City of Oshkosh and The Oshkosh Area School District for operation of Pollock Community Water Park (2023-2024) 16. Res 23-38 Approve Agent Change for Combination “Class B” License, “Class B” Fermented Malt Beverage License, Special Class “B” License & Operator Licenses MOTION TO ADOPT CONSENT AGENDA: Ford, second Erickson CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer ITEMS REMOVED FROM CONSENT AGENDA – None NEW ORDINANCES 17. Ord 23-39 Approve Zone Change from Institutional District with a Planned Development Overly (I-PD) to Riverfront Mixed Use District with Planned Development and Riverfront Overlays (RMU-PD-RFO) for the Property Located at the Northwest Corner of West 4th Avenue and Michigan Street (Plan Commission Recommends Approval) FIRST READING NO ACTION 3 PENDING ORDINANCE 18. Ord 23-40 Adopt Parking Lot Map in the recently Reconstructed 300 East Parking Lot MOTION TO APPROVE: Wojciechowski, second Miller CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer NEW RESOLUTIONS 19. Res 23-41 Approve Amendment of City Ward Maps to Include Pontoonin House Annexation and Soper Annexation MOTION TO APPROVE: Ford, second Erickson CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer 20. Res 23-42 Create an Ad Hoc Council Subcommittee to review City Boards, Commissions and Committees MOTION TO APPROVE: Hanson, second Miller MOTION TO AMEND TO INCLUDE ERICKSON AND MILLER AS MEMBERS OF SUBCOMMITTEE: Wojciechowski, second Hansen CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 21. Future Agenda Items: Joint Meeting with Sustainability Advisory Board – February 6 TBD – Closed Session / Negotiate Development Agreement for City Center 22. Future Workshops: None COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 23. Council Member Hansen reported on the Public Art & Beautification Committee and their meeting sche3duled for Thursday at 4:00PM. Council Member Wojciechowski informed the Council of the DEI Conference in Appleton on April 25 and 26. 4 CITY MANAGER ANNOUNCEMENTS & STATEMENTS 24. Extend Professional Services Agreement with Tyler Technologies, Inc. for Annual Maintenance for Commercial Assessment Services ($51,900.00) 25. Cooperative Purchase of Compact Tractor from Riesterer & Schnell Inc. for Storm Water Division ($37,233.90) 26. Cooperative Purchase of One Axle Dump Truck Chassis from Ewald Automotive Group for Cemetery Division ($49,753.50) 27. 2021-2022 Strategic Plan – final updates are available on the website 28. Outstanding Issues • Graffiti ordinance • Update to special assessment options ADJOURN MOTION TO ADJOURN: Ford, second Hansen CARRIED: VOICE VOTE The meeting adjourned at 6:25pm . JESSI L. BALCOM CITY CLERK Minutes of the January 5, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 4 Minutes of the January 5, 20232 Board Meeting (Approved at the February 2, 2023 Board Meeting.) The January meeting of the Oshkosh Public Museum (OPM) Board was held Thursday, January 5 2023, in the Lecture Room of the Museum. Vice President Matzke called the meeting to order at 4:00 pm. The roll was taken by Administrative Assistant Theresa Books. PRESENT AT ROLL: Vice President Becky Matzke, Secretary Connie Drexler, Board Members Carol Fenrich, Jim Hoffman, Dana Stolley and Jean Thierman, Alternate Tiara Cavett, Superintendent of Schools Bryan Davis, Oshkosh Area School District Board President Barb Herzog EXCUSED: President Gabe Loiacono, Alternate Vicky Redlin ALSO PRESENT: Director Sarah Phillips, Assistant Director Anna Cannizzo, Marketing Coordinator Kate Stel, LTE Education Coordinator Amanda Jencik, and Administrative Assistant Theresa Books taking the minutes With President Loiacono absent, Vice President Matzke appointed Ms. Cavett. Director Phillips introduced LTE Education Coordinator Amanda Jencik. She has been with the Museum since November 7, 2022. Amanda told the Board a little about her background. She has been in public education as a science teacher for various grades and in various states. Her husband was in the Airforce, so they moved to several states. She is from Illinois and happy to be back in the Midwest. Not many teachers have given her feedback, but those who have, gave positive comments. Ms. Jencik gets feedback from the children of each group and their responses show that their favorite parts of the fieldtrips are varied. Director Phillips noted that Ms. Jencik has added more hands on elements, using items from the carts that were put together a couple years back. Ms. Jencik wanted to provide prizes for the Bingo-style scavenger hunt she put together, so Kate and Daniel designed a fun temporary tattoo of the large beaver that is in People of the Waters. When the introduction was complete, Ms. Jencik excused herself at 4:15 p.m. There were no citizen statements to the Board and none were received. Consent Agenda items included: A. Minutes of the December 1, 2022 Board Meeting B. January Bill List MOTION: Pull and table Bill List from Consent Agenda until the February meeting. Ms. Books will check on the WI Public Service Bill for 106 Washington Ave., which may not be a Museum expense. (Drexler; second Herzog) [Accounting checked on it and found it was a mistake in recording, it will be corrected to the Library’s expense.] Minutes of the January 5, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 4 CARRIED: Yes (9) Cavett, Davis, Drexler, Fenrich, Hoffman, Herzog, Matzke, Stolley, Thierman MOTION: Approve Consent Resolution Agenda consisting of Minutes of December 1, 2022 Museum Board Meeting. (Thierman; second Fenrich) CARRIED: Yes (9) Cavett, Davis, Drexler, Fenrich, Hoffman, Herzog, Matzke, Stolley, Thierman After the Consent Agenda vote, Mr. Hoffman expressed that he has been on the Museum Board for nine years now. He has enjoyed his time working on the Board with all the various people. However, he feels it is time to retire from the Board and let others have an opportunity to serve in this capacity. This will be his last meeting. The Board expressed their appreciation for his service and wish him well. Director Phillips then presented a review of the Board Governance Calendar. Purpose: To regularize the presentation and/or discussion of business relevant to the Board. This schedule aligns with general timeframes associated with the City of Oshkosh budget preparation cycles, Board Bylaws, and annual strategic plans. This schedule does not exclude other businesses or topics from being added to Board agendas. Month Subject Notes January Prior Year in Review February Trusts, Endowments, and Interest- Accruing Funds (other than Durow) Update on the status of board-governed funds March Durow Fund Update Update on the status of board-governed funds April Development and Fundraising May Board Elections June Capital Improvement Plan (CIP) Review of current projects and CIP proposal for the following year July Education and DEAI August Trusts, Endowments, and Interest- Accruing Funds (All) Update on the status of board-governed funds September Operational Budget (Including Operations, Membership, and Collections Budgets) Review of the proposed Budgets for the following year October Collections Management Review of curatorial-related topics that may inform fee structure, strategic plan, or require other board-level input (such as policy revision) November Fee Structure (for following year) December Strategic Plan (for following year) Next was discussion of potentially having a Board Development Committee. Director Phillips is pleased that the Board is having this discussion and recommends considering the Board’s current strengths and areas of opportunity. Ms. Drexler commented that it is important to start working Minutes of the January 5, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 4 together to be more visible in the community, such as attending Chamber meetings and other group events. It was noted that having Board members attend Council meetings would be good. This would not be to present information, rather to meet Council members and represent the Museum. The State of the City is Monday, March 13, 6:00 p.m. and will be in person at the convention center. Women’s Fund for the Fox Valley Region has an annual fundraising event (9/7/23 in 2023). The Oshkosh Area Community Foundation has Donor Appreciation annually in fall and Power of the Purse bi-annually, so again in 2024. The Oshkosh Garden Club does an annual luncheon for scholarship fundraising (Saturday 11/11/23), and Director Phillips was invited to join Tempo Fox Valley which is a Women’s leadership group that meets monthly. The Board was asked to think about more possibilities and to bring ideas to the February meeting. Ms. Stel also introduced the idea to have an “elevator speech” as to the why you like the Museum. A brief phrase that you have ready to share. That concluded the discussion. Vice President Matzke then requested Director Phillips present the Director’s report. Director Phillips began with an overview of 2023, noting that it will be a very busy year for the OPM staff. One primary goal for this year is to refine and recalibrate to ensure the Museum is remaining effective, relevant, and has a broad appeal within the community. She would like to solicit feedback from the community, using Oshkosh Media to help. Dialog with the schools will continue and increase. The Museum’s Mission statement wording may be refined. She wants to align branding with the mission. To accomplish these things, Director Phillips will be working closely with the staff and stakeholders to meet the objectives of the City of Oshkosh Strategic Plan. Ms. Thierman asked about the vision. Director Phillips said the vision is to interpret the home as a historic, special place. This is to emphasis and showcase the home in its own light, highlighting what has existed, to fully tell the story. Ms. Cannizzo stated that in her research she found the only other Tiffany commissioned home that had been open to the public (in Boston), has recently become privately owned. That makes the Sawyer home the only Tiffany commissioned home, in the world, open to the public at this time. The museum is uniquely situated to emphasize these things. In addition, a specific OPM Strategic Plan is being created to benchmark other goals for the Museum over the next 2 years. Director Phillips noted that although the OPM contributes to the general Quality of Life Services and Assets within the Oshkosh Strategic Plan, three objectives are specific to the Museum: 1. Strengthen Museum Exhibitions to More Broadly Represent and Appeal to Educational Entities in the Community 2. Better Utilize Museum Collections for the Public 3. Create Awareness and Participation for the Museum Though Brand Identity, Marketing, and Expanded Programs Minutes of the January 5, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 4 of 4 To accomplish these goals, staff will be: 1. Soliciting feedback from the community to better understand the current perception versus the desired state of the Museum; 2. Continuing dialog and establishing new relationships with area educational entities; 3. Evaluating and refining the OPM mission and vision statement, establishing institutional values, and aligning branding; 4. Continuing to review and edit policies and procedures for efficiency and reflecting high levels of professional standards; 5. Creating programs, internal goals, and plans based on the vision for the future. In conclusion Director Phillips reported that gallery modifications and facility improvements will also be happening this year. Perhaps the most significant to the public will be the opening of the Museum’s newest long-term exhibit, This is Winnebagoland, and the closure of Memories and Dreams. Staff are creating messaging about the closure of this longstanding exhibition so the public can understand the necessity for renovating the gallery, and the new and exciting exhibits that will be opening. Additionally, Director Phillips reported that staff are working with Split Rock Studios to design a new, flexible gallery for future temporary exhibitions. As staff make these plans, they are also brainstorming names to identify this gallery. She explained ideas and invited Board members to share any potential names. Other capital improvements include loading doors in the renovated gallery, exterior masonry work, upgrading the Museum security camera system, and the design/installation of new exterior signage. That concluded the Director’s Report. Vice President Matzke requested the Auxiliary report. Auxiliary President Holly Eichman began her report noting that at the January 13th Auxiliary meeting Assistant Director Anna Cannizzo will be the speaker. She is giving a presentation about the Tiffany Studios interiors of the historic Sawyer Home. Ms. Eichman reported she invited Director Phillips, Ms. Cannizzo and Ms. Stel to come to the January meeting to talk to Auxiliary members about the Gala. At the Gala the Auxiliary had a sign noting that this 10th and final Gala was in honor of Katherine “Sis” Martin. Sis had been the one to spearhead the Gala Committee through the years and she passed away since the 2019 Gala. There have since been questions by Auxiliary members whether that really had to be the last Gala, so it will be good to have a conversation about it. That concluded the Auxiliary report. With no other agenda items, Vice President Matzke asked for a motion to adjourn. MOTION: Adjourn (Hoffman; second Fenrich) CARRIED: Voice Vote The meeting adjourned at 4:55 p.m. FEBRUARY 14, 2023 23-43 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier which has recommended disallowance. 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 disallow the following claim against the City of Oshkosh: NAME - Homes of Havenwood Date of loss: 09/16/2022 (sewer backup) BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh. FEBRUARY 14, 2023 23-44 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier which has recommended disallowance. 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 disallow the following claim against the City of Oshkosh: NAME - Christine Schetter Date of loss: 02/18/2022 (slipped on ice on incline in parking lot at North Main St. near Oshkosh Investors) BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh. FEBRUARY 14, 2023 23-45 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PURCHASE OF TRIMBLE R12I GPS UNIT AND ASSOCIATED EQUIPMENT FROM SEILER GEOSPATIAL ($34,200.86) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Department of Public Works has requested a quote from Seiler Geospatial (Seiler) for a Trimble R12i GPS Unit and associated equipment that is used for high-precision measurements and positioning when conducting topographic and construction surveys; and WHEREAS, the Engineering Division currently uses two (2) Trimble R8 GPS units that are no longer being serviced as parts are no longer available; and WHEREAS, Seiler is the only authorized distributor/reseller of Trimble products for the City of Oshkosh. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to purchase a Trimble R12i GPS Unit and associated GPS equipment from: SEILER GEOSPATIAL 9755 Airways Court Franklin, WI 53132 Total: $34,200.86 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. 01000420-7204 Engineering-Machinery & Equipment I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2023\Waive Bids for Purch of Trimble_2-9-23.docx Page 1 of 1 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: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 9, 2023 RE: Approve Purchase of Trimble R12i GPS Unit and Associated GPS Equipment from Seiler Geospatial ($34,200.86) BACKGROUND The Department of Public Works has requested a quote from Seiler Geospatial (Seiler) for a Trimble R12i and associated equipment. This piece of equipment is used for high-precision measurements and positioning when conducting topographic and construction surveys. The Engineering Division currently uses two (2) Trimble R8 GPS units, which are becoming obsolete. They were purchased in July of 2008 and October of 2012 and continue to function as needed. However, they are no longer being serviced as parts are increasingly no longer available. ANALYSIS Seiler was chosen as the source of this equipment due to the staff’s familiarity of the product brand and past technical/sales service. Seiler is the only authorized distributor/reseller of Trimble products for the City of Oshkosh. FISCAL IMPACT Funds for this purchase are available from the 2023 Operating Budget in Account #01000420- 7204 (Engineering-Machinery & Equipment). RECOMMENDATIONS Section 12-11 of the Municipal Code of the City of Oshkosh provides that equipment purchases, when standardization or compatibility is the overriding consideration, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval regarding this purchase. Please advise me if you have any questions concerning this purchase. Approved: Mark A. Rohloff City Manager FEBRUARY 14, 2023 23-46 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE LAND ACQUISITION FROM KAY E. SPANBAUER OF PORTIONS OF TAX I.D. PARCELS NOS. 00203790407 AND 00203790408 FOR CONTRACT 21-15 SAWYER CREEK RURAL II DETENTION BASIN FOR $530,300.00 INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, on July 28, 2015, the Common Council approved the official mapping, Ordinance 15-361, of Tax I.D. Parcels Nos. 00203790407 and 00203790408 to reserve the land for a detention basin; and WHEREAS, on April 12, 2022, the Common Council approved Resolution 22-154 to determine the necessity to acquire and approve and execute a relocation order for the City of Oshkosh to acquire this site; and WHEREAS, the parties have reached agreement upon the purchase price for these property interests. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to acquire portions of Tax I.D. Parcels Nos. 00203790407 and 00203790408, and to execute all documents necessary for purpose of same. Kay E. Spanbauer Fee Acquisition $530,300.00 Money for this purpose is appropriated from: Acct. No. 03210410-6804-04115 Contract Contract-Storm Water-21-15 Sawyer Creek Watershed Detention I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\21-15 Sawyer Crk Rural II Det Basin\Project_Information\Correspondence\Memo\21-15 CC Memo-Land Acq-Spanbauer Prop-Parcel 1_2-9-23.docx Page 1 of 1 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 9, 2023 RE: Approve Land Acquisition from Kay E. Spanbauer of Portions of Tax I.D. Parcels Nos. 00203790407 and 00203790408 for Contract 21-15 Sawyer Creek Rural II Detention Basin for $530,300 BACKGROUND The Department of Public Works is requesting approval to acquire portions of Tax I.D. Parcels Nos. 00203790407 and 00203790408. On July 28, 2015, the Common Council (Council) approved the official mapping of this site (Ordinance 15-361) to reserve the land for a detention basin. On April 12, 2022, the Council approved a resolution to determine the necessity to acquire and approve and execute a relocation order (Resolution 22-154). The land acquisition approval requests are the final approval needed to acquire the property. The property will be utilized to improve storm water management within the Sawyer Creek Watershed. On a future agenda, the Department of Public Works will request approval for acquiring the remaining land, which is owned by a different property owner, to construct the Rural II Basin. ANALYSIS The Department of Public Works has contracted with Strand Associates to assist in the property acquisition. The site has had the necessary appraisals and the offer has been signed by the property owner. FISCAL IMPACT Funding for this purchase is included in the 2021 Capital Improvement Program in Account #03210410- 6804-04115 (Contract Contract-Storm Water-21-15 Sawyer Creek Watershed Detent). RECOMMENDATIONS I recommend approval of the land acquisition from Kay E. Spanbauer of portions of Tax I.D. Parcels Nos. 00203790407 and 00203790408 for the Contract 21-15 Sawyer Creek Rural II Detention Basin in the amount of $530,300. Approved: Mark A Rohloff City Manager FEBRUARY 14, 2023 23-47 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PROFESSIONAL SERVICE AGREEMENT WITH AECOM FOR ENVIRONMENTAL AND FIELD INSPECTION SERVICES RELATED TO THE CONSTRUCTION OF CITY CONTRACT 22-02 EAST 9TH AVENUE RECONSTRUCTION ($146,125.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with AECOM for Environmental and Field Inspection Services Related to the Construction of City Contract 22-02 East 9th Avenue Reconstruction in the amount of one hundred forty-six thousand one hundred twenty-five dollars ($146,125.00). Acct. Nos. 03210410-6801-04202 Contract Control-Paving-22-02 East 9th Ave Reconstruction 03210410-6802-04202 Contract Control-Sanitary Sewer-22-02 East 9th Ave Reconstruction 03210410-6803-04202 Contract Control-Water Main-22-02 East 9th Ave Reconstruction 03210410-6804-04202 Contract Control-Storm Sewer-22-02 East 9th Ave Reconstruction I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-02 E 9th Ave\Project_Information\Correspondence\Memo\22-02 CC Memo-AECOM-CRS_2-9-23.docx TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 9, 2023 RE: Approve Professional Services Agreement with AECOM for Environmental and Field Inspection Services Related to the Construction of City Contract 22-02 East 9th Avenue Reconstruction ($146,125) BACKGROUND A proposal was requested from AECOM for environmental and field inspection services for the East 9th Avenue Reconstruction. The services to be provided will include on-site environmental documentation and inspection staff as needed for the duration of the Project. ANALYSIS The Department of Public Works requested a proposal from AECOM due to their staff familiarity with the City of Oshkosh Specifications and these types of services. FISCAL IMPACT The cost of the proposal is $146,125. The cost for these services was included in the 2023 Capital Improvements Program (Account #03210410-6801-04202/Contract Control-Paving-22-02 East 9th Ave Reconstruction, #03210410-6802-04202/Contract Control-Sanitary Sewer-22-02 East 9th Ave Reconstruction, #03210410-6803-04202/Contract Control-Water Main-22-02 East 9th Ave Reconstruction, and #03210410-6804-04202/Contract Control-Storm Sewer-22-02 East 9th Ave Reconstruction). RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the proposal and in accordance with Section 12-16 of the Municipal Code, I am hereby recommending that the Common Council approve this professional services agreement. Approved, Mark A. Rohloff City Manager JLG/tlt FEBRUARY 14, 2023 23-48 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PURCHASE OF MANHOLE / INLET CASTINGS FOR PUBLIC WORKS DEPARTMENT ($202,333.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Department of Public Works needs to stock castings to complete construction work scheduled in 2023; and WHEREAS, the Department of Public Works has adopted standards for the manhole and inlet castings to be used within the city; and WHEREAS, it is necessary to waive bids as permitted by Section 12 -11 of the City of Oshkosh Municipal Code when standardization or compatibility is the overriding consideration. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to waive bids and purchase manhole and inlet castings from: NEENAH FOUNDRY COMPANY 1220 S Prairie Ave Waukesha, WI 53186 Total: $202,333.00 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. 06090430-1510 Central Streets-Inv – Castings I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2023\Waive Bids for 2023 Purch of MH-Inlet Castings_2-9-23.docx TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 9, 2023 RE: Approve Purchase of Manhole / Inlet Castings for Public Works Department ($202,333) BACKGROUND The Department of Public Works has adopted standards for the manhole and inlet castings to be used within City-maintained right-of-way and easements. The standardization of the castings allows for a limited variety of inlet and manhole castings to be stocked and ensures proper-sized items are available for repair. Manhole castings are special ordered with the utility type cast into the lid to help identify the facilities. ANALYSIS The Engineering Division of the Department of Public Works has typically ordered and supplied these castings for City-let contracts to avoid paying contractor markup and sales tax. The City also avoids delays on construction projects by having stock of the castings available, which allows project schedules to adjust for varying field conditions and also allows for the projects to start earlier. The Streets Division also orders castings annually to maintain an inventory for repairs to Storm, Wastewater, and Water Utility facilities. The current lead time for castings is twenty (20) weeks. These castings will be provided by Neenah Foundry Company of Neenah, Wisconsin. FISCAL IMPACT The cost of this casting order is $202,333. Funding is available in the Streets inventory account (06090430- 1510/Central Streets-Inv – Castings). RECOMMENDATIONS Section 12-11 of the Municipal Code of the City of Oshkosh provides that material purchases, when standardization or compatibility is the overriding consideration, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval regarding this purchase. Approved: Mark A. Rohloff, City Manager JLG/tlt FEBRUARY 14, 2023 23-49 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CIP AMENDMENT AND AWARD BID FOR PUBLIC WORKS CONTRACT NO. 23-06 TO LALONDE CONTRACTORS, INC. FOR CONCRETE SIDEWALK (NEW AND REHABILITATION) ($1,483,076.90) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised for bids for concrete sidewalk (new and rehabilitation); and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: LALONDE CONTRACTORS, INC. 1609 Lincoln Avenue Waukesha, WI 53186 Total Bid: $1,483,076.90 WHEREAS, the Common Council has adopted the 2023 Capital Improvement Program and Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2023 Capital Improvement Program Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: FEBRUARY 14, 2023 23-49 RESOLUTION CONT’D Transfer $75,000.00 from Account No. 03210410-6806-04205 (Contract Control- Sidewalk-22-05 E Lincoln & Rosalia St Recons) to Account No. 03210410-6806- 04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $18,722.44 from Account No. 03210410-6801-04004 (Contract Control- Paving-20-04 Snell Road Reconstruction) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $4,862.41 from Account No. 03210410-6801-04007 (Contract Control- Paving-20-07 Misc Utility Improvements) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $6,139.68 from Account No. 03210410-6801-04015 (Contract Control- Sidewalk-20-15 Storm Sewer Laterals) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $170,275.47 from Account No. 03210410-6801-04104 (Contract Control- Paving-21-04 West 9th Avenue Reconst) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) BE IT FURTHER RESOLVED 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: Account Nos. 03210410-6806-04006 Contract Control-Sidewalk-Annual – Concrete Sidewalks 05411867-6401-08673 Water Distribution Maintenance-Contractual Services-Maint-Mains 05411867-6401-08675 Water Distribution Maintenance-Contractual Services-Maint-Services FEBRUARY 14, 2023 23-49 RESOLUTION CONT’D Transfer $75,000.00 from Account No. 03210410-6806-04205 (Contract Control- Sidewalk-22-05 E Lincoln & Rosalia St Recons) to Account No. 03210410-6806- 04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $18,722.44 from Account No. 03210410-6801-04004 (Contract Control- Paving-20-04 Snell Road Reconstruction) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $4,862.41 from Account No. 03210410-6801-04007 (Contract Control- Paving-20-07 Misc Utility Improvements) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $6,139.68 from Account No. 03210410-6801-04015 (Contract Control- Sidewalk-20-15 Storm Sewer Laterals) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) Transfer $170,275.47 from Account No. 03210410-6801-04104 (Contract Control- Paving-21-04 West 9th Avenue Reconst) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks) BE IT FURTHER RESOLVED 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: Account Nos. 03210410-6806-04006 Contract Control-Sidewalk-Annual – Concrete Sidewalks 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\2023 CONTRACTS\23-06 Sidewalk Rehab\Project_Information\Correspondence\Memo\23-06 Memo for Bid Award & CIP Amend_2-9- 23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 9, 2023 RE: Approve CIP Amendment and Award Bid for Public Works Contract No. 23-06 to LaLonde Contractors, Inc. for Concrete Sidewalk (New and Rehabilitation) ($1,483,076.90) BACKGROUND The purpose of this Project is to repair existing sidewalks, driveway aprons, and handicap ramps; install new sidewalks; and complete street or sidewalk repairs at Water Utility excavations. The approximate boundary of the neighborhoods for sidewalk repair is Fox River on the north, Ohio Street on the west, City Limits on the south, and Lake Winnebago on the east. Additionally, there is a small portion from Snell Road to the northerly City Limits that needs to get completed from the 2022 Project. Property owner costs have more than doubled in the last six (6) years with the largest single increase being 2022 to 2023 at over thirty four percent (34%). The attached chart shows the increase over the last six (6) years. ANALYSIS Engineering staff reviewed two (2) bids. The low bid was received from LaLonde Contractors, Inc. of Waukesha, Wisconsin. The total bid is $1,483,076.90. FISCAL IMPACT Funding for a portion of the sidewalk rehabilitation portion of the Project is in the Sidewalk Section of the 2023 Capital Improvement Program (CIP) (Account No. 03210410-6806-04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks). Funding for the Water Utility patches is included in the 202 3 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). Additional funding for the remaining sidewalk rehabilitation portion of this Project is available from CIP Projects which have come in under budget: J:\Council Agenda\02.14.23\City Manager Memos\10. Res 23-46M.docx Page 2 of 2 $75,000 will be transferred from Account No. 03210410-6806-04205 (Contract Control- Sidewalk-22-05 E Lincoln & Rosalia St Recons) to Account No. 03210410-6806- 04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. $18,722.44 will be transferred from Account No. 03210410-6801-04004 (Contract Control-Paving-20-04 Snell Road Reconstruction) to Account No. 03210410-6806- 04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. $4,862.41 will be transferred from Account No. 03210410-6801-04007 (Contract Control-Paving-20-07 Misc Utility Improvements) to Account No. 03210410-6806- 04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. $6,139.68 will be transferred from Account No. 03210410-6801-04015 (Contract Control-Sidewalk-20-15 Storm Sewer Laterals) to Account No. 03210410-6806- 04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. $170,275.47 will be transferred from Account No. 03210410-6801-04104 (Contract Control-Paving-21-04 West 9th Avenue Reconst) to Account No. 03210410-6806- 04006/Contract Control-Sidewalk-Annual – Concrete Sidewalks. Following is a summary of the available funds (after the transfers) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. Property owners are invoiced for the cost of sidewalk and driveway apron repa irs abutting their property. CIP Section CIP Funds Budgeted/Transferred Estimated Total Construction Cost CIP - Sidewalk $1,275,000 $1,261,096 Water Utility Operating (See Note 1) $371,490 $371,490 Totals $1,646,490 $1,632,586 Note 1: Water Utility Operating Budget contains $401,000 for maintenance of Mains and Services. Only the amount needed for repairing concrete pavement is shown as the funds are used for all maintenance items. RECOMMENDATIONS I recommend award to the low bidder, LaLonde Contractors, Inc, in the amount of $1,483,076.90 and the transfer of CIP funds. Approved: Mark A. Rohloff City Manager Contract 23-06 - Contract Sidewalk (New and Rehabilitation) (#8368775) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/06/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $1,483,076.90 $1,712,200.00 1011 Clearing; complete as specified Inch Diameter 8.00 $20.00 $160.00 $40.00 $320.00 1021 Grubbing; complete as specified Inch Diameter 8.00 $10.00 $80.00 $40.00 $320.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 70,750.00 $1.70 $120,275.00 $2.50 $176,875.00 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 950.00 $93.00 $88,350.00 $100.00 $95,000.00 1309 7" 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 750.00 $95.00 $71,250.00 $102.00 $76,500.00 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 700.00 $93.00 $65,100.00 $105.00 $73,500.00 LaLonde Contractors, Inc.Al Dix Concrete Inc 1609 Lincoln Avenue Waukesha, WI 53186 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-06 Sidewalk Rehab\Project_Information\Contract Info\23-06 Bid Tab_2-6-23 Page 1 of 5 2/7/2023 Contract 23-06 - Contract Sidewalk (New and Rehabilitation) (#8368775) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/06/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension LaLonde Contractors, Inc.Al Dix Concrete Inc 1609 Lincoln Avenue Waukesha, WI 53186 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 specifie Square Yards 500.00 $95.00 $47,500.00 $108.00 $54,000.00 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 350.00 $97.00 $33,950.00 $110.00 $38,500.00 1329 9" 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 100.00 $104.00 $10,400.00 $112.00 $11,200.00 1360 Adjust manholes and inlets; complete as specified Each 10.00 $450.00 $4,500.00 $400.00 $4,000.00 1370 Turf restoration; complete as specified Square Yards 300.00 $8.00 $2,400.00 $12.00 $3,600.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 150.00 $15.00 $2,250.00 $20.00 $3,000.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 100.00 $1.64 $164.00 $9.00 $900.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-06 Sidewalk Rehab\Project_Information\Contract Info\23-06 Bid Tab_2-6-23 Page 2 of 5 2/7/2023 Contract 23-06 - Contract Sidewalk (New and Rehabilitation) (#8368775) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/06/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension LaLonde Contractors, Inc.Al Dix Concrete Inc 1609 Lincoln Avenue Waukesha, WI 53186 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 100.00 $1.84 $184.00 $18.00 $1,800.00 1384 Cold weather covering (concrete pavement) - double visquine with 6" hay; complete as specified Square Yards 100.00 $1.99 $199.00 $18.00 $1,800.00 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 250.00 $15.00 $3,750.00 $15.00 $3,750.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 250.00 $20.00 $5,000.00 $100.00 $25,000.00 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 250.00 $74.00 $18,500.00 $100.00 $25,000.00 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 250.00 $78.00 $19,500.00 $100.00 $25,000.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-06 Sidewalk Rehab\Project_Information\Contract Info\23-06 Bid Tab_2-6-23 Page 3 of 5 2/7/2023 Contract 23-06 - Contract Sidewalk (New and Rehabilitation) (#8368775) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/06/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension LaLonde Contractors, Inc.Al Dix Concrete Inc 1609 Lincoln Avenue Waukesha, WI 53186 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 500.00 $80.00 $40,000.00 $100.00 $50,000.00 1460 Sidewalk curb; complete as specified Linear Feet 250.00 $56.00 $14,000.00 $120.00 $30,000.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 50,000.00 $8.60 $430,000.00 $9.00 $450,000.00 1502 4" concrete sidewalk with 3" CABC and grading; water dept. locations; complete as specified Square Feet 4,850.00 $9.95 $48,257.50 $11.50 $55,775.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 25,000.00 $10.00 $250,000.00 $10.00 $250,000.00 1512 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; water dept. locations; complete as specified Square Feet 1,750.00 $13.25 $23,187.50 $13.00 $22,750.00 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 1,500.00 $14.50 $21,750.00 $12.00 $18,000.00 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 750.00 $35.00 $26,250.00 $55.00 $41,250.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 1,500.00 $2.15 $3,225.00 $3.00 $4,500.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-06 Sidewalk Rehab\Project_Information\Contract Info\23-06 Bid Tab_2-6-23 Page 4 of 5 2/7/2023 Contract 23-06 - Contract Sidewalk (New and Rehabilitation) (#8368775) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/06/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension LaLonde Contractors, Inc.Al Dix Concrete Inc 1609 Lincoln Avenue Waukesha, WI 53186 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 8,000.00 $8.60 $68,800.00 $10.00 $80,000.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 500.00 $15.00 $7,500.00 $15.00 $7,500.00 1700 Sawing existing pavement; complete as specified Linear Feet 2,045.00 $4.52 $9,243.40 $8.00 $16,360.00 1720 Profile saw cut concrete curb; complete as specified Linear Feet 150.00 $25.00 $3,750.00 $80.00 $12,000.00 1800 Base aggregate dense; 3/4"; complete as specified Tons 200.00 $22.67 $4,534.00 $20.00 $4,000.00 1915 5" asphaltic surface MT with 6" CABC and grading; complete as specified Square Yards 250.00 $82.66 $20,665.00 $100.00 $25,000.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 250.00 $73.61 $18,402.50 $100.00 $25,000.00 Bid Total:$1,483,076.90 $1,712,200.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-06 Sidewalk Rehab\Project_Information\Contract Info\23-06 Bid Tab_2-6-23 Page 5 of 5 2/7/2023 $136.00 $176.00 $215.00 $217.50 $208.75 $217.50 $291.90 $0.00 $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 2017 2018 2019 2020 2021 2022 2023 Property Owner Cost per Sidewalk Square (5'x5') FEBRUARY 14, 2023 23-50 RESOLUTION (APPROVED 6 - 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE STREET RIGHT OF WAY DEDICATION AT 17 WASHINGTON AVENUE INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby approves the street right-of-way dedication at 17 Washington Avenue, per the attached. 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: February 9, 2023 RE: Approve Street Right of Way Dedication at 17 Washington Avenue BACKGROUND The City of Oshkosh is requesting a small dedication of public right-of-way at the southwest corner of Washington Avenue and State Street (300 East Public Parking Lot). The area in this dedication request involves an irregularly-shaped area wrapping around the northeast corner of the 300 East Public Parking Lot. The rough size is approximately 30 feet long by 1.5 feet wide and 74 square feet in area (0.0071 acre). ANALYSIS The 300 East Public Parking Lot was reconstructed in 2022 which involved resurfacing of the parking lot, utility work, and electrical work at the southwest corner of the Washington Avenue and State Street intersection. A signal controller box was placed partially on private, city -owned property which interfered with some existing easements. Instead of modifying the easements, the Department of Public Works decided it would be best to dedicate the land as right -of-way. This will also allow for adding a corner radius which is more desirable than a standard corner. RECOMMENDATION The Plan Commission recommended approval of the Street Right of Way Dedication on February 7, 2023. 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: STREET DEDICATION – 17 WASHINGTON AVENUE Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Petitioner/Owner: City of Oshkosh Action Requested: The City of Oshkosh is requesting a small dedication of public right-of-way at the southwest corner of Washington Avenue and State Street (300 East Public Parking Lot). Applicable Ordinance Provisions: Street dedication criteria is located in Section 30-441 of the City’s Subdivision Regulations. Property Location, Background Information and Analysis: The area in this dedication request involves irregularly-shaped area wrapping around the northeast corner of the 300 East Public Parking Lot. The rough size is approximately 30 feet long by 1.5 feet wide and 74 square feet in area (0.0071 acre). The 300 East Public Parking Lot was reconstructed in 2022 which involved resurfacing of the parking lot, utility work, and electrical work at the southwest corner of the Washington Avenue and State Street intersection. A signal controller box was placed partially on private, city-owned property which interfered with some existing easements. Instead of modifying the easements, the Department of Public Works decided it would be best to dedicate the land as right-of-way. This will also allow for adding a corner radius which is more desirable than a standard corner. RECOMMENDATION/CONDITIONS Staff recommends approval of the right-of-way dedication at 17 Washington Avenue as requested. Item II – E. 9th Avenue ROW Dedication 2 The Plan Commission recommended approval of the dedication on February 7, 2023. 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. The City of Oshkosh is requesting a small dedication of public right-of-way at the southwest corner of Washington Avenue and State Street (300 East Public Parking Lot). Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The area in this dedication request involves irregularly- shaped area wrapping around the northeast corner of the 300 east Parking Lot. The rough size is approximately 30 feet long by 1.5 feet wide and 74 square feet in area (0.0071 acre). The 300 East Parking Lot was reconstructed in 2022 which involved resurfacing of the parking lot, utility work and electrical work at the southwest corner of the Washington Avenue/State Street intersection. A signal controller box was placed partially on private (City-owned) property which interfered with some existing easements. Instead of modifying the easements, the Department of Public Works decided it would be best to dedicate the land as right-of-way. This also will allow for adding a corner radius which is more desirable than a standard corner. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. MT V ER N ON ST WAUGO O AV MARKET ST S T A T E S T CO M M E R C E S T JEFFERS O N S T N MAIN ST HIGH AV WASHINGTON AV ALGOMA BLVD OperahouseSquare C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/24/2023 1 in = 120 ft 1 in = 0.02 mi¯17 WASHINGTON AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer BROAD ST WAUGOO AV OTTER AV E PAR KWAY AV C OMMERC E ST MERRITT AV NEBRASKA ST W PAR KWAY AV SCHOOL AVDIVISION ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER PEARL AV W 5TH AV E 7TH AV GRAND ST CENTRAL ST MT VERNON ST FREDERICK ST BAY ST BROAD ST IDA AV BAY ST CHURCH AV MARKETST DIVISION ST BROWN ST MARKETST POPLAR AV UNION AV MARION RD W 7TH AV W 6TH AV BAY SHORE DR CHURCHAV W 7TH AV W 6TH AV MONROE ST JEFFERSON ST PL EA SA N T S T MA D IS ON S T OXFORD AV BROAD ST DIV ISION ST DIVISION ST FRANKL IN ST STATE ST BROAD ST CENTRAL ST BROAD ST BR O A D S T N MAIN ST CEAPE AV WASHINGTON AV OR E G O N S T JACKSON ST HIGH AV ALGOMA BLVD S MA IN ST CMU CMU CMU CMU CMU CMU CMU-PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD-RFO I-UTO MULTIPLE RMU-PD RMU-PD RMU-PD RMU-PD-RFO RMU-PD-RFO RMU-RFO SR-9 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-PD UMU-PD UMU-RFO UMU-UTO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/24/2023 1 in = 500 ft 1 in = 0.09 mi¯17 WASHINGTON AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer WAUGO O AV MARKET ST S T A T E S T J EF F E R S O N S T MT V ER N ON ST WASHINGTON AV N MAIN ST ALGOMA BLVD HIGH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/24/2023 1 in = 100 ft 1 in = 0.02 mi¯17 WASHINGTON AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer FEBRUARY 14, 2023 23-51 RESOLUTION (APPROVED 6 - 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE STREET RIGHT OF WAY DEDICATION ON THE SOUTH SIDE OF EAST 9TH AVENUE INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby approves the street right-of-way dedication on the south side of East 9th Avenue, per the attached. 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: February 9, 2023 RE: Approve Street Right of Way Dedication on the South Side of East 9th Avenue BACKGROUND The Department of Community Development is requesting a small dedication of public right-of-way on the south side of East 9th Avenue as part of the East 9th Avenue street reconstruction and extension project. The area in this dedication request involves approximately 39-foot by 15-foot, 309 square foot (0.0071 acre) triangular portion of land on the south side of East 9th Avenue located east of South Main Street. The site is located within the Sawdust District, an area targeted for revitalization with a mix of new and rehabilitation projects to attract commercial and residential developments. The surrounding area has a variety of uses including commercial, industrial, and low to high-density residential developments. There are also numerous properties that have been acquired by the City of Oshkosh Redevelopment Authority which have been cleared and prepped for potential developments. ANALYSIS In 2022, the city vacated a small section of East 9th Avenue at the transition from the straight east-west segment to the beginning of a curve to the northeast that was not needed as part of the East 9th Avenue street reconstruction project. The vacated land attached to the property to the south (Everett Industrial Building Co. located at 36 East 10th Avenue). The city plans to dedicate an additional portion of East 9th Avenue to complete the curved section of the street. The dedication will almost mirror the area that was vacated and will be similar in area. The dedication will be part of a Certified Survey Map currently being prepared for the city. The owner of the subject property is agreeable to the proposed dedication as there is negligible gain or loss of area being exchanged between both parties. The combination of the previous vacation and this dedication will allow for proper area for street construction, terrace area, and public sidewalk. The Department of Public Works Department has reviewed this request and supports the dedication. RECOMMENDATION The Plan Commission recommended approval of the Street Right of Way Dedication on February 7, 2023. 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: STREET DEDICATION - E. 9TH AVENUE Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Petitioner: Department of Community Development Property Owner: Everett Industrial Building Co. Action Requested: The Department of Community Development is requesting a small dedication of public right-of- way on the south side of East 9th Avenue. Applicable Ordinance Provisions: Street dedication criteria is located in Section 30-441 of the City’s Subdivision Regulations. Property Location and Background Information: The area in this dedication request involves approximately 39-foot by 15-foot, 309 square foot (0.0071 acre) triangular portion of land on the south side of East 9th Avenue located east of South Main Street. The site is located within the Sawdust District, an area targeted for revitalization with a mix of new and rehabilitation projects to attract commercial and residential developments. The surrounding area has a variety of uses including commercial, industrial, and low to high-density residential developments. There are also numerous properties that have been acquired by the City of Oshkosh Redevelopment Authority which have been cleared and prepped for potential developments. Subject Site Existing Land Use Zoning Public Right-of-Way Riverfront Mixed Use with Planned Development Overlay (RMU-PD) Proposed Dedication Vacated E. 9th Ave. Item II – E. 9th Avenue ROW Dedication 2 Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Riverfront Mixed Use with Planned Development Overlay (RMU-PD) South Industrial Heavy Industrial (HI) East Vacant Heavy Industrial (HI) West N/A Riverfront Mixed Use with Planned Development Overlay (RMU-PD) ANALYSIS In 2022, the City vacated a small section of East 9th Avenue at the transition from the straight east- west segment to the beginning of a curve to the northeast. The vacated land attached to the property to the south (Everett Industrial Building Co., 36 East 10th Avenue). The City plans to dedicate an additional portion of East 9th Avenue that will complete the curved section of the street. The dedication will almost mirror the area that was vacated and will be similar in area. The dedication will be part of a Certified Survey Map currently being prepared for the City. The owner of the subject property is agreeable to the proposed dedication as there is negligible gain or loss of area being exchanged between both parties. The combination of the previous vacation and this dedication will allow for proper area for street construction, terrace area, and public sidewalk. The Department of Public Works Department has reviewed this request and supports the vacation. Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City Item II – E. 9th Avenue ROW Dedication 3 RECOMMENDATION/CONDITIONS Staff recommends approval of the additional dedication of East 9th Avenue as requested. The Plan Commission recommended approval of the dedication on February 7, 2023. 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. The Department of Community Development is requesting a small dedication of public right-of- way on the south side of E. 9th Avenue. Mr. Nau presented the items and reviewed the sites 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 area in this dedication request involves approximately 39-foot by 15-foot, 309 square foot (0.0071 acre) triangular portion of land on the south side of E. 9th Avenue located east of S. Main Street. The site is located within the Sawdust District, an area targeted for revitalization with a mix of new and rehabilitation projects to attract commercial and residential developments. The surrounding area has a variety of uses including commercial, industrial and low to high-density residential developments. There are also numerous properties that have been acquired by the Oshkosh Redevelopment Authority which have been cleared and prepped for potential developments. In 2022, the city vacated a small section of E. 9th Avenue at the transition from the straight east- west segment to the beginning of a curve to the northeast. The vacated land attached to the property to the south (Everett Industrial Building Co., 36 E. 10th Avenue). The City plans to dedicate an additional portion of E. 9th Avenue that will complete the curved section of the street. The dedication will almost mirror the area that was vacated and will be similar in area. The dedication will be part of a Certified Survey Map currently being prepared for the City. The owner of the subject property is agreeable to the proposed dedication as there is negligible gain or loss of area being exchanged between both parties. The vacation is being requested to accommodate the extension of E. 9th Avenue. The combination of the previous vacation and this dedication will allow for proper area for street constructon, terrace area and public sidewalk. The Department of Public Works Department has reviewed this request and supports the vacation. 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. Item II – E. 9th Avenue ROW Dedication 4 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 Loewenstein. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. 12 4 5 6 7 8 9 10 11 12 113 24 23 22 21 20 19 18 17 16 15 14 13 BLOCK 17 VACATED INDIANA ST. BLOCK 18 14 E. 10TH AVE (60') E. 9TH AVE (WIDTH VARIES) S. MAIN ST. (60')30 ' 3 0 ' 30 ' 3 0 ' 30' 30' 30' 30' CE R T I F I E D S U R V E Y M A P N O . _ _ _ _ CH R I S T O P H E R E . P E R R E A U L T , P L S - 2 2 4 9 CA R O W L A N D S U R V E Y I N G C O . , I N C . 61 5 N . L Y N N D A L E D R . , P O B O X 1 2 9 7 AP P L E T O N , W I 5 4 9 1 2 - 1 2 9 7 ( 9 2 0 ) 7 3 1 4 1 6 8 A2 2 0 4 . 4 7 - S A D O F F C P 9 / 6 / 2 0 2 2 = 3 / 4 " X 1 8 " I R O N R E B A R S E T , W E I G H I N G 1 . 5 0 2 L B S . P E R L I N . F T . = M A G N A I L S E T = E X I S T I N G 3 / 4 " I R O N R E B A R = E X I S T I N G 1 " I . D . 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S . M . 6 0 0 7 (S16°10'50"E) S0 9 ° 3 7 ' 3 9 " E 4 3 . 9 5 ' (S 0 9 ° 3 7 ' 1 0 " E ) N89°13'11"W 606.43' N00°02'17"E 150.31' S8 9 ° 1 2 ' 2 9 " E 7 5 . 3 2 ' N00°03'02"E 150.29' 16 2 , 5 1 1 S Q . F T . [ 3 . 7 3 0 7 A C R E S ] LO T 1 DE D I C A T I O N 3 0 9 S Q . F T [ 0 . 0 0 7 1 A C R E S ] S89°13'11"E 150.41' S89°11'48"E 225.82' N00°01'36"E 300.67' L1 = S 8 9 ° 3 3 ' 0 1 " E , 3 9 . 2 9 ' L2 = S 8 9 ° 3 3 ' 0 1 " E , 7 . 6 0 ' L3 = S 0 1 ° 2 5 ' 4 1 " E , 3 0 . 0 2 ' L4 = S 0 0 ° 1 2 ' 0 7 " W , 6 2 . 7 5 ' NO R T H I S R E F E R E N C E D T O T H E N O R T H L I N E O F T H E NO R T H W E S T 1 / 4 O F S E C T I O N 2 5 , T O W N S H I P 1 8 NO R T H , R A N G E 1 6 E A S T , C I T Y O F O S H K O S H , W I N N E B A G O C O U N T Y , W I S C O N S I N W H I C H B E A R S N8 9 ° 5 1 ' 2 6 " E P E R T H E W I S C O N S I N C O U N T Y C O O R D I N A T E SY S T E M ( W I N N E B A G O C O U N T Y ) . LI N E T A B L E (S 8 9 ° 3 2 ' 3 2 " E ) (S 8 9 ° 3 2 ' 3 2 " E ) (S 0 1 ° 2 5 ' 1 6 " E ) ( 3 0 . 0 0 ' ) (S 0 0 ° 1 2 ' 3 6 " E ) ( 6 2 . 7 7 ' ) EX I S T I N G BU I L D I N G EX I S T I N G BU I L D I N G EX I S T I N G BU I L D I N G DO C . N O . 3 2 3 4 6 1 V A C A T E D E . 9 T H A V E . SH E E T 1 O F 3 S H E E T S PIONEER DR E 11T H AV E 9T H AV E 8TH AV E 10T H AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/24/2023 1 in = 120 ft 1 in = 0.02 mi¯E 9TH AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer STATE ST BROAD ST OTTER AV BAY SHORE DR NEBR A SK A S T BAY ST E 14TH AV COURT ST W 5TH AV E 7TH AV BAY ST W 8TH AV W 7TH AV W 6TH AV BROAD ST WAUGOO AV BROAD ST NE B R A S K A S T E 15 TH A V NEBRASKA ST E SOUTH PARK AV E 11TH AV POPLAR AV W 12TH AV W 7TH AV W 15TH AV W 6TH AV W 14TH AV W 8TH AV W 11TH AV W 10TH AV E 9TH AV E 8TH AV E 10TH AV COMMERCE ST MILL ST BROAD ST PIONEER DR CEAPE AVJACKSON ST W 9TH AV W SOUTH PARK AV N MAIN ST OR E G O N S T S M A I N S T Oshkosh City Limit Oshkosh City Limit CMU CMU CMU CMU CMU-PD CMU-PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO HI I II I I I I I I-PD I-PD I-PD I-PD I-PD-RFO MR-20 MR-36 RMU-PD RMU-PD RMU-PD RMU-PD-RFO RMU-PD-RFO RMU-PD-RFO RMU-PD-RFO RMU-RFO TR-10 TR-10 TR-10 UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-RFO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/24/2023 1 in = 500 ft 1 in = 0.09 mi¯E 9TH AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer E 9T H AV E 8TH AV E 10T H AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/24/2023 1 in = 100 ft 1 in = 0.02 mi¯E 9TH AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer FEBRUARY 14, 2023 23-52 RESOLUTION (APPROVED 6 - 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A MANUFACTURING RETAIL LAND USE, OUTDOOR COMMERCIAL ENTERTAINMENT, AND ADAPTIVE REUSE AT 959 WEST 6TH AVENUE INITIATED BY: RH DESIGN BUILD LLC, SUSAN HIRSCHBERG PLAN COMMISSION RECOMMENDATION: Approved w/ findings WHEREAS, the Plan Commission finds that the Conditional Use Permit for a manufacturing retail land use, outdoor commercial entertainment, and adaptive reuse at 956 West 6th Avenue, is consistent with the criteria established in Sections 30-50(C) 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 a manufacturing retail land use, outdoor commercial entertainment, and adaptive reuse at 956 West 6th Avenue, 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. 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: February 9, 2023 RE: Approve Conditional Use Permit for a Manufacturing Retail Land Use, Outdoor Commercial Entertainment, and Adaptive Reuse at 959 West 6th Avenue BACKGROUND The applicant is requesting a Conditional Use Permit approval for a manufacturing retailer land use, outdoor commercial entertainment, and adaptive reuse at 959 West 6th Avenue. The subject site is a triple-fronted lot located on the east side of Knapp Street, with frontage on Knapp Street, West 6th Avenue, and West 7th Avenue. The subject parcel is 13,268 sq. ft. in size and includes a ground floor commercial space with a second-floor residential unit. The site is surrounded primarily by mixed commercial and residential land uses as well as a church to the northwest. The 2040 Comprehensive Land Use Plan recommends Neighborhood Commercial use for the subject site. ANALYSIS The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish a bakery within the ground floor commercial unit. The bakery will also have an outdoor seating area. The second-floor residential unit will be maintained. The bakery is considered a manufacturing retail land use and the outdoor seating area is considered outdoor commercial entertainment under the zoning ordinance. A CUP is also required for adaptive reuse of the property to allow the site to operate with less parking than required by code. Staff is supportive of a CUP to allow the proposed retail manufacturing and outdoor commercial entertainment uses as they are compatible with neighboring commercial uses and surrounding UMU zoning. Staff is also supportive of the proposed adaptive reuse of the site to allow the pro posed nine parking stalls, where code requires a total of 16 parking stalls. According to the applicant, overflow parking will be available along West 6th Avenue and West 7th Avenue. They also note that peak hours for the bakery are during the morning, wh ich will not conflict with on-street parking for other neighboring businesses as they are primarily taverns with heavier traffic in the evening. Staff does not have concerns with parking for the site as the proposed nine stalls will provide a space for the residential unit as well as sufficient parking for employees with a few remaining stalls for customers. On-street parking along West 6th Avenue and West 7th Avenue should provide sufficient parking for additional customers. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The applicant plans to mill and overlay the existing asphalt parking lot as well as add a 766 sq. ft. concrete patio, enclosed with solid wood fencing, on the south side of the building. A new refuse enclosure will also be added and will be constructed of 6’ tall wood fencing, meeting refuse enclosure material requirements. The submitted building elevations include a 39 sq. ft. wall sign on the north elevation and a window sign on the south elevation. Sign area appears to be compliant with UMU signage standards and will be addressed under a sign permit. Plans also show a mural on the west elevation. The mural will need to be compliant with the City’s mural ordinance. The petitioner has provided elevations for proposed alterations to the building. Plans include removal of existing siding on the west façade, leaving the underlying smooth face CMU which will match the CMU on the south façade. The applicant notes that the newly exposed smooth face CMU on the west façade will serve as a smooth surface for placement of the proposed mural. Glass window and door area will be added to the south façade as well as an overhead door. Section 30-240 of the zoning ordinance requires alterations to buildings constructed prior to the current ordinance to be substantially similar to the existing buil ding design and materials. Staff does not have concerns with the proposed alterations as the existing materials will be utilized and new glazing on the south façade will enhance the appearance of the building. FISCAL IMPACT Approval of this project should result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $200,000 on the proposed project. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with findings on February 7, 2023. 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 FEBRUARY 14, 2023 23-53 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE COOPERATIVE PURCHASE OF STREET SWEEPER FROM MACQUEEN EQUIPMENT FOR STREETS DIVISION ($320,931.00) INITIATED BY: PURCHASING DIVISION WHEREAS, in the 2023 CIP Common Council allocated $310,000.00 for the purchase of a new street sweeper for the Streets Division; and WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for the street sweeper; and WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or federal governmental unit or agency; and WHEREAS, Macqueen Equipment holds the Sourcewell cooperative contract (#093021-ELG) for the Elgin Street Sweepers. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above mentioned order: MACQUEEN EQUIPMENT N60W15835 Kohler Lane Menomonee Falls, WI 53051 Total: $320,931.00 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: FEBRUARY 14, 2023 23-53 RESOLUTION CONT’D Acct. No. 03222010 7210 66018 Motor Vehicles- Replace Street Sweepers 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 Urben, General Services Manager DATE: February 7, 2023 RE: Approve Cooperative Purchase of Street Sweeper from Macqueen Equipment for Streets Division ($320,931.00) BACKGROUND In the capital outlay of the 2023 CIP the Common Council allocated $310,000.00 for the purchase of a new street sweeper. The new unit will replace a 2013 Elgin Whirlwind street sweeper with 60,839 miles. The HVAC on the current unit does not maintain cab temperature and its engine has been unreliable. The new unit will be a single engine design and will require less maintenance. This unit is used to sweep streets as part of the storm water initiative to reduce solids from entering the storm sewers. This unit also cleans storm sewer inlets. This memo is to recommend the purchase of this unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has confirmed that Macqueen Equipment holds a Sourcewell cooperative contract for Elgin Street Sweepers with contract #093021-ELG. By utilizing this contract the City will save 3% ($10,077.93) off the list price for this unit. FISCAL IMPACT With trade-in the total fiscal impact for this unit pursuant to this cooperative contract is $320,931.00. The 2023 CIP allocated $310,000.00 for this unit. This purchase will be charged to A/N# 03222010 7210 66018 (Motor Vehicles- Replace Street Sweepers). This A/N# has sufficient 2022 rollover funds to address the $10,931.00 overage for this purchase. 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 and with approval by the City Manager, Purchasing recommends the Common Council approve this purchase pursuant to this cooperative contract for the Street Division to Macqueen Equipment, N60W15835 Kohler Lane, Menomonee Falls, WI, 53051 for $320,931.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 14, 2023 23-54 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE COOPERATIVE PURCHASE OF VEHICLE BARRIERS FROM MERIDIAN RAPID DEFENSE GROUP FOR POLICE DEPARTMENT ($198,009.34) INITIATED BY: PURCHASING DIVISION WHEREAS, the Common Council allocated $100,000 in American Rescue Act funds to purchase vehicle barriers for the Police Department; and WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for the for vehicle barriers; and WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or federal governmental unit or agency; and WHEREAS, Meridian Rapid Defense Group holds the Sourcewell cooperative contract (#47QSWA19D001F) for the vehicle barrier order. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above mentioned order: MERIDIAN RAPID DEFENSE GROUP 177 E Colorado Blvd, Suite 200 Pasadena, CA 91105 Total: $198,009.34 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: FEBRUARY 14, 2023 23-54 RESOLUTION CONT’D Acct. Nos. 02240211 7204 15231 Machinery and Equipment- Vehicle Barriers 03230211 7204 65004 Machinery & Equipment 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 Urben, General Services Manager DATE: February 7, 2023 RE: Approve Cooperative Purchase of Vehicle Barriers from Meridian Rapid Defense Group for Police Department ($198,009.34) BACKGROUND At their November 9, 2022 meeting the Common Council allocated $100,000 in American Rescue Act funds to purchase vehicle barriers for the Police Department. These portable, hard barriers are an anti-terrorism vehicle mitigation and deterrent solution to address vehicle-ramming attacks and other improper vehicle intrusion situations into pedestrian/crowd areas. Meridian Rapid Defense Group (Meridian) is the only portable barrier solution to hold certifications in both the U.S. and Europe as well as the Department of Defense. Meridian’s vehicle barriers provide unmatched stopping capabilities for all vehicles, allow for rapid and flexible deployment requiring no heavy equipment and can be set in a variety of configurations customizable to event needs. In their research the Police Department requested a proposal from Meridian for 24 vehicle barriers. Meridian’s proposal includes the barriers, trailers, hauler/dolly, tow bar and cables. This memo is to recommend the purchase of these barriers pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has confirmed that Meridian holds the federal General Services Administration cooperative contract for vehicle barriers (contract #47QSWA19D001F). By utilizing this contract the City will save 3.4% ($6,815.66) off the list price for these barriers. FISCAL IMPACT The total fiscal impact for these vehicle barriers pursuant to this cooperative contracts is $198,009.34. ARPA funds allocated $100,000.00 towards this purchase to be charged to A/N# 02240211 7204 15231 (Machinery and Equipment- Vehicle Barriers). The remaining $98,009.34 will be charged to A/N# 03230211 7204 65004 (Machinery & Equipment). The city received a $100,000 grant from Oshkosh Convention Center for this project that will be used to offset these costs. 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 and with approval by the City Manager, Purchasing recommends the Common Council approve this purchase pursuant to this cooperative contract for the Street Division to Meridian Rapid Defense Group, 177 E Colorado Blvd, Suite 200, Pasadena, CA 91105 for $198,009.34. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 14, 2023 23-55 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE COOPERATIVE PURCHASE OF SKID STEER FROM FABICK CAT FOR PARKS DEPARTMENT ($81,302.37) INITIATED BY: PURCHASING DIVISION WHEREAS, in the 2023 CIP Common Council allocated $98,000.00 for the purchase of a new skid steer for the Parks Department; and WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for the skid steer; and WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or federal governmental unit or agency; and WHEREAS, Caterpillar Inc. holds the Sourcewell cooperative contract (#032119- CAT) for the skid steer. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above mentioned order: Fabick CAT 600 Hansen Road Green Bay, WI 54307 Total w/trade: $81,302.37 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: FEBRUARY 14, 2023 23-55 RESOLUTION CONT’D Acct. No. 03230610 7204 66005 Machinery & Equipment- Tracked Skid Steer with Attachments 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 Urben, General Services Manager DATE: February 7, 2023 RE: Approve Cooperative Purchase of Skid Steer from Fabick CAT for Parks Department ($81,302.37) BACKGROUND In the capital outlay of the 2023 CIP the Common Council allocated $98,000.00 for the purchase of a new skid steer for the Parks Department. The new unit will replace unit #443 that has high hours use (2,800 hours +) and is no longer cost effective and/or feasible to attempt to reconstruct its track suspension system and under carriage due to its age and condition. This unit is used by Parks Department throughout the year for work tasks related to grounds maintenance and construction. This memo is to recommend the purchase of this unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has confirmed that Caterpillar Inc. holds a Sourcewell cooperative contract for skid steers with contract #032119-CAT. By utilizing this contract the City will save 21% ($20,988) off of list price for this unit. FISCAL IMPACT With trade-in the total fiscal impact for this unit pursuant to this cooperative contract is $81,302.37. The 2023 CIP allocated $98,000.00 for this unit. This purchase will be charged to A/N# 03230610 7204 66005 (Machinery & Equipment- Tracked Skid Steer with Attachments). 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 and with approval by the City Manager, Purchasing recommends the Common Council approve this purchase pursuant to this cooperative contract for the Parks Department to Fabick CAT, 600 Hansen Road, Green Bay, WI 54307 for $81,302.37 Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 14, 2023 23-56 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE COOPERATIVE PURCHASE OF HYDRO EXCAVATOR AND CHASSIS FROM MACQUEEN EQUIPMENT FOR WATER DISTRIBUTION DIVISION ($603,423.00) INITIATED BY: PURCHASING DIVISION WHEREAS, in the 2023 CIP the Common Council allocated funds for the purchase of a new hydro excavator unit and chassis for the Water Distribution Division; and WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for the hydro excavator unit and chassis; and WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or federal governmental unit or agency; and WHEREAS, Macqueen Equipment holds the Sourcewell cooperative contracts (#101221-VTR) for the Vactor Hydro Excavator and (#060920-KTC) for the Kenworth T880 truck chassis. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above mentioned order: MACQUEEN EQUIPMENT N60W15835 Kohler Lane Menomonee Falls, WI 53051 Total: $603,423.00 FEBRUARY 14, 2023 23-56 RESOLUTION CONT’D 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. Nos. 03221810 7210 66031 Motor Vehicles- Water Distribution Vehicles 05411892 7204 00000 Machinery & Equipment- Water General and Administration Operations 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 Urben, General Services Manager DATE: February 7, 2023 RE: Approve Cooperative Purchase of Hydro Excavator and Chassis from Macqueen Equipment for Water Distribution Division ($603,423.00) BACKGROUND In the capital outlay of the 2023 CIP the Common Council allocated funds for the purchase of a new hydro excavator unit for the Water Distribution division. The new unit will replace a truck that was refurbished and repurposed in 2022 for this operational need. The current unit has not been reliable due to ongoing engine electrical issues. Additionally, the current unit’s debris hopper has become fatigued and has collapsed on itself. The new unit will allow Water Distribution staff to excavate around utilities that cannot be excavated by traditional methods. The new unit will include a hydro excavator mounted on a truck chassis. This memo is to recommend the purchase of this unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has confirmed that Macqueen Equipment holds Sourcewell cooperative contracts for both the Vactor Hydro Excavator (contract #101221-VTR) and the Kenworth T880 truck chassis (contract #060920-KTC). By utilizing both contracts the City will save 4.9% ($31,041) off the list price for this unit. FISCAL IMPACT The total fiscal impact for this unit pursuant to these cooperative contracts is $603,423.00. The 2023 CIP allocated $410,000.00 for this unit. This purchase will be charged to A/N# 03221810 7210 66031 (Motor Vehicles- Water Distribution Vehicles) and the overage ($193,423.00) will be charged to A/N# 05411892 7204 00000 (Machinery & Equipment- Water General and Administration Operations). 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 and with approval by the City Manager, Purchasing recommends the Common Council approve this purchase pursuant to this cooperative contract for the Street Division to Macqueen Equipment, N60W15835 Kohler Lane, Menomonee Falls, WI, 53051 for $603,423.00 Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 14, 2023 23-57 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KUENY ARCHITECTS, L.L.C. FOR ARCHITECTURAL SERVICES FOR POLICE DEPARTMENT 3RD AVENUE STORAGE FACILITY RENOVATION ($93,360.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the Common Council approved the allocation of $2.7M in the 2023 CIP for the renovation of the Police Department 3rd Avenue storage facility and for the acquisition of another facility to address the storage needs of the Public Museum, City Clerk, Facilities Maintenance and Electric that are currently housed within the Sawyer Storage complex; and WHEREAS, Kueny Architects has worked with the City of Oshkosh for several years in providing architectural and engineering services for various projects; and WHEREAS, Section 12-16 of our Municipal Code allows for the waiving of formal competitive bidding for specialized professional services such as architectural and engineering services. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Kueny Architects, L.L.C. for Architectural Services for Police Department 3rd Avenue Storage Facility Renovation in the amount of ninety-three thousand three hundred sixty dollars ($93,360.00). Acct. No. 03230130-7214-63111 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: February 7, 2023 RE: Approve Professional Services Agreement with Kueny Architects, L.L.C. for Architectural Services for Police Department 3rd Avenue Storage Facility Renovation ($93,360.00) BACKGROUND The 2021 Facilities Condition Assessment Report evaluated the city’s municipal facilities to provide an overview of each facility’s current condition and consider any recommendations for future renovation or replacement. The report considered each facility’s existing condition summaries, their key issues, deficits or gaps and estimated costs for renovation/replacement. This assessment data was then used to establish a ranking system to identify potential priorities for short and long term facility improvements. In concert with this report and ranking priorities, the Common Council allocated $2.7M in the 2023 CIP for both a) the renovation of the Police Department 3rd Avenue storage facility and b) for the acquisition of another facility to address the storage needs of Public Museum, City Clerk, Facilities Maintenance, and Electric Division that are currently housed within the Sawyer Storage complex. Both of these projects rank as a 1 on the report’s priority scale, defined as an “imminent need and/or precursor to other actions.” Both of these projects are expected to be completed in 2023 to allow the Sawyer Storage complex to be renovated into the Fire Department Training Center beginning in 2024. When complete both projects will provide larger facilities to accommodate storage needs for these departments while improving staff efficiency in the maintenance and processing of items and/or accommodating public access when required. ANALYSIS Kueny Architects has worked with the City of Oshkosh for several years in providing architectural and engineering services for various projects including our GO Transit Downtown Transit Center, the Parks Department Administration/Operations Building, and the Public Works Field Operations Center. Staff has been complimentary of Kueny’s performance in these projects and their attention to detail, familiarity with city requirements/processes, and their ability to keep projects on schedule and under budget- all within a very competitive fee structure. In consideration of these factors, staff solicited a proposal from Kueny to provide architectural and construction management services for the Police Department 3rd Avenue storage facility renovation project. FISCAL IMPACT Kueny proposed a fee of $93,360.00 to provide design services, bid documents, and oversee construction management for the Police Department 3rd Avenue storage facility renovation project. Costs for these services will be charged to A/N#: 03230130-7214-63111 (Buildings). The 2023 CIP allocated $2.7M for both the PD 3rd Avenue storage facility renovation project and the acquisition of an additional storage facility for other current Sawyer Storage departmental tenants. RECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including these services, may be procured without the use of competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Kueny Architects, L.L.C, 10505 Corporate Drive, Suite 100, Pleasant Prairie, WI, 53158 for architectural and engineering services for the PD 3rd Avenue storage facility renovation for $93,360.00. If you have any questions on this purchase please contact Police Chief Dean Smith or myself. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 14, 2023 23-58 RESOLUTION (CARRIED 6 - 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AWARD BID TO SURE-FIRE INC. FOR ROOF TOP UNIT REPLACEMENTS FOR THE OSHKOSH PUBLIC LIBRARY ($554,500.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for roof top unit HVAC replacements for Oshkosh Public Library; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: SURE-FIRE INC 617 Washington Street PO Box 191 Horicon, WI 53032 Total Bid: $554,500.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid s on file. Money for this purpose is hereby appropriated from: Acct. No. 0323 0130 7214 63035 Buildings- HVAC/Roofing Replacement Program 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: February 7, 2023 RE: Award Bid to Sure-Fire Inc. for Roof Top Unit Replacements for the Oshkosh Public Library ($554,500.00) BACKGROUND The Facilities Maintenance Division works closely with our HVAC consultant to regularly monitor, update and prioritize the annual HVAC replacement schedule for our building’s HVAC equipment. The 2023 CIP Roofing/HVAC CIP has been allocated $500,000.00. The Public Library has 19 HVAC roof top units that heat and cool the building. These units have been high on the replacement priority list given their age (23 years) and condition. 10 of these units were replaced in 2018. Staff is now recommending replacing the remaining 9 units. Replacing these units will provide an estimated 10% savings in energy costs per year and will also qualify for some rebates from the Foc us on Energy program. Fox Valley MEP, Inc. was engaged to provide design services, bid specifications, and construction oversight for this project. ANALYSIS Working with Fox Valley MEP, Library, and Facilities Maintenance staff, Purchasing prepared bid specifications for this project. The bid was advertised in the local newspaper and posted on Onvia Demandstar. Bids were due February 2, 2023. The bid tab is attached. The low bid from Sure-Fire, Inc. met all the minimum bid requirements. FISCAL IMPACT The fiscal impact of this bid is $554,500.00. This bid, added to Fox Valley MEP, Inc’s engineering fee of $7,250.00 brings the total fiscal impact of this project to $561,750.00. This project will be charged to A/N#: 0323 0130 7214 63035 (Buildings- HVAC/Roofing Replacement Program). The 2023 Roofing/HVAC CIP was allocated $500,000.00 and there are sufficient 2022 carryover funds in this account for this purchase. RECOMMENDATION Purchasing recommends the Common Council award this bid to Sure-Fire Inc. for $554,500.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager BID TAB ROOF TOP UNIT REPLACEMENTS – OSHKOSH PUBLIC LIBRARY THURSDAY, FEBRUARY 2, 2023- 10:00 A.M. BIDDER PREQUAL. ADDENDUM 1 OF 1 BID BOND BID JF Ahearn Co 2111 N Sandra Street Appleton WI 54911 Y Y Y $608,270.00 Gartman Mechanical Services Inc. 520 W South Park Ave Oshkosh WI 54902 Y Y Y $619,860.00 Hurckman Mechanical Indust Inc 1450 Velp Ave Green Bay, WI 54303 Y Y Y $699,364.00 Southport Engineered Systems LLC 1343 S 27th St Caledonia WI 53108 Y Y Y $655,000.00 Sure-Fire, Inc. 617 Washington St PO Box 191 Horicon WI 53032 Y Y Y $554,500.00 FEBRUARY 14, 2023 23-59 RESOLUTION (CARRIED 7 - 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AWARD BID TO CREATIVE SIGN COMPANY FOR ELECTRONIC MESSAGE CENTER FOR OSHKOSH CONVENTION CENTER ($46,980.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for the electronic message center (EMC) for the Oshkosh Convention Center; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: CREATIVE SIGN COMPANY 505 Lawrence Drive DePere, WI 54115 Total Bid: $46,980.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 03221040-7214-63008 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: February 7, 2023 RE: Award Bid to Creative Sign Company for Electronic Message Center for Oshkosh Convention Center ($46,980.00) BACKGROUND As part of the management agreement for the Oshkosh Convention Center the city is responsible to ensure Center furniture, fixtures, and equipment are maintained, repaired and/or replaced in accordance with normal wear and tear. Working with the hotel operator (Oshkosh Investors, LLC), staff have identified various projects to be placed in a capital replacement schedule for future years, based on normal industry service life standards and/or the age or condition of the items. The next item on the replacement schedule is the electronic message center (EMC) mounted on Convention Center exterior sign located on the corner of Ceape Avenue and Main Street. The current EMC was installed in 2009 and has reached the far end of its expected service life. Additionally, the current EMC software has experienced ongoing crashes and repairs. The new EMC will be brighter and clearer with new software that will expand its capability, features and user functionality. The sign is an important tool for the hotel to promote Convention Center events and activities. ANALYSIS Working with hotel and Facilities Maintenance staff, Purchasing prepared bid specifications for this project. The bid includes removal of the old EMC, installation of the new EMC, software training and a five year warranty on parts and labor. The bid was advertised in the local newspaper and posted on DemandStar. Bids were due February 2, 2023. The bid tab is attached. It was the consensus of staff that the low bid met the minimum bid requirements. FISCAL IMPACT The fiscal impact of this bid is $46,980.00. The 2023 CIP allocated $50,000.00 for this project. This project will be charged to A/N#: 03221040-7214-63008. Once complete this project will then be invoiced to the Oshkosh Area Community Foundation to be reimbursed from the Convention Center Maintenance Fund. There is currently $208,000.00 in the Convention Center Maintenance Fund. RECOMMENDATION Purchasing recommends the Common Council award this bid to Creative Sign Company for $46,980.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager BID TAB ELECTRONIC MESSAGE CENTER- OSHKOSH CONVENTION CENTER THURSDAY, FEBRUARY 2, 2023- 11:00 A.M. BIDDER PREQUAL. ADDENDUM BID BOND BID Appleton Sign Company 2400 Holly Road Neenah WI 54956 N/A N/A Y $47,625.00 Creative Sign Company 505 Lawrence Drive DePere WI 54115 N/A N/A Y $46,980.00 Elevate 97 1085 Parkview Rd Green Bay WI 54304 N/A N/A Y $53,805.60 TLC Sign 990 Jameson St Neenah WI 54956 N/A N/A Y $51,307.76 FEBRUARY 14, 2023 23-60 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PURCHASE OF LIGHTING POLES AND FIXTURES FROM ENTERPRISE LIGHTING LTD, FOR THE ARTHUR, BAUMAN AND TYLER RECONSTRUCTION PROJECT ($91,140.84) INITIATED BY: PURCHASING DIVISION WHEREAS, the Common Council allocated funds in the 2023 CIP for the Arthur, Bauman and Tyler Streets Project; and WHEREAS, this project will require the purchase of lighting poles and fixtures to ensure compliance with the City’s lighting standards; and WHEREAS, the Electric Division staff secured proposals from the City’s standardized supplier for the City’s lighting poles and fixtures for the necessary equipment for this project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to purchase lighting poles and fixtures for the Arthur, Bauman and Tyler Streets Project from: ENTERPRISE LIGHTING LTD. 2007 Pewaukee Road Waukesha, WI 53188 Total: $91,140.84 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreements for the purpose of same. Money for this purpose is hereby appropriated from: FEBRUARY 14, 2023 23-60 RESOLUTION CONT’D Acct. No. 03210410 6809 04308 Arthur, Bauman and Tyler Streets Reconstruction Project 23-08 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: January 31, 2023 RE: Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD, for the Arthur, Bauman and Tyler Reconstruction Project ($91,140.84) BACKGROUND The Common Council allocated funds in the 2023 CIP for the Arthur, Bauman, and Tyler Streets Project (23-08) which includes paving, sidewalks, driveways, and utilities. As part of this project the City’s Electric Division is to purchase and supply the lighting poles and fixtures, to ensure compliance with the City’s lighting standards. Installation of the equipment will be coordinated by the electrical subcontractor for the project. ANALYSIS Electric Division staff secured a proposal from Enterprise Lighting LDT for the City’s standardized lighting poles and fixtures. Purchasing has confirmed this purchase qualifies as a standardization exception to our purchasing ordinance. FISCAL IMPACT The total fiscal impact for equipment purchase is $91,140.84. This purchase will be charged to A/N# 03210410 6809 04308 (Arthur, Bauman, and Tyler Streets Reconstruction Project 23-08). This purchase is included within the total estimated cost for all Traffic Improvements CIP related items for this project. 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 compatibility 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 the lighting poles and fixtures purchase from Enterprise Lighting LTD, 2007 Pewaukee Road, Waukesha, WI 53188 in the amount of $91,140.84. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager February 14, 2023 23-61 RESOLUTION (CARRIED 6 - 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: SUSTAINABILITY ADVISORY BOARD TRANSIT 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. Date: February 9, 2023 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the February 14, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. SUSTAINABILITY ADVISORY BOARD Megan Marie LaFond, Seat 4 Jacob Komorowski, Alternate 1 TRANSIT ADVISORY BOARD Deb Martin, Seat 6 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Friday, January 27, 2023 10:34 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:1/27/2023 10:33:52 PM Board/Commission 1) Sustainability Board and 2) BID Board Name (Last, First, Middle) Address City State Zip Megan Marie LaFond 482 Marion Road Apt. 316 Oshkosh, WI, 54901 Employer Occupation: Oshkosh Food Co-op, Christine Ann Domestic Abuse Services Administrator/Crisis and Homeless Advocate 18 Years of Age or Older Yes Home Phone 218-838-9574 Business Phone 218-838-9574 Email Address lafond.megan2020@gmail.com Cell Phone 218-838-9574 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 1 Education: I went back to college later in life and started attending again at the University of Wisconsin Oshkosh to obtain my bachelors degree in elementary education with a math and sustainability minor. Once that is completed I will return to complete my Masters Degree in Educational Leadership and Policy. Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: Not Applicable. List any potential conflicts of interest: No COI's List City boards, commissions or committiees on which you have served: Years: 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? If I had the opportunity to serve on the Sustainability board I believe that my experience in working and continued employment at the Oshkosh Food Co-op will provide a valuable perspective to the board on how members of the Oshkosh community view and value this very large concept of sustainability. While my degree is not directly related to sustainability I have a vested interest in the area of sustainability in ensuring that myself, my future students and all members of this community have a sustainable future. If selected for the BID Board I believe again that being a fairly new citizen of Oshkosh can provide a new perspective on how better to revitalize the downtown district. I do also have 2+ years in working with the homeless populations in both Winnebago and Outagamie community and believe that will also provide a valuable perspective on how to revitalize this community for all demographics. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I believe that if selected to serve on either or both boards I will serve them wholeheartedly with the sole purpose of bettering the community of Oshkosh. I have reviewed both past and present meeting minutes for both boards and am in full support of all projects going on between both boards and would join in on supporting the work that's already in place and in progress. I believe as someone who is both young (27) and new to Oshkosh that will provide a unique and needed perspective to both boards. I have the desire to learn more about both of these and to really use this as a launch pad for me to get involved with the local government as I have the long term goal of running for council and school board further down the road in my political journey. Thank you for your consideration. - Megan LaFond 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Friday, December 9, 2022 1:51 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:12/9/2022 1:51:14 PM Board/Commission SUSTAINABILITY ADVISORY BOARD Name (Last, First, Middle) Address City State Zip Jacob Komorowski 933 w 10th ave Oshkosh, WI 54902 Employer Occupation: Amcor Flexibles Commercial Finance Manager 18 Years of Age or Older Yes Home Phone (920) 410-8323 Business Phone (920) 410-8323 Email Address Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 29 Education: University of Wisconsin Oshkosh - BBA - Finance 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: List City boards, commissions or committiees on which you have served: Years: 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? With a background in finance I'm aware of the financial impacts of a changing climate and the need for a more sustainable future. I have no formal background in sustainability but would love to serve the community for a brighter future. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would always bring a rational and reasoned perspective to the board. I will hear everyone's opinion and am no afraid to offer my own opinion. I am passionate about this community and want to be involved in it's future. From: City of Oshkosh Board/Commission Background Ques onnaire <DoNotReply@ci.oshkosh.wi.us> Sent: Sunday, May 3, 2020 7:35 PM To: Moran, Diane Subject: City of Oshkosh Board/Commission Background Ques onnaire 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:5/3/2020 7:34:35 PM Board/Commission Advisory Parks Board Name (Last, First, Middle) Address City State Zip Deborah Martin 164 Wyldewood Dr Oshkosh, WI 54904 Employer Occupation: none retired 18 Years of Age or Older Yes Home Phone 815-540-5902 Business Phone 815-540-5902 Email Address debmartin04@gmail.com Cell Phone 815-540-5902 Currently reside/live within the Oshkosh City Limits?Yes Number of Years:5 Education:MBA Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship:none List any potential conflicts of interest:none List City boards, commissions or committiees on which you have served:Years: none 0 Do you have any other previous experience,I am an Industrial Engineer/ Project Manager so have special qualifications or technical training, that would be relevant to the position that you are interested in? decades of experience working with various groups and teams. I have visited many national, state, county, and city parks in many states, etc. As a grandmother, the last few years I've experienced the importance of parks in a new way. I have been in most of the Oshkosh parks for walks, picnics, and playgrounds. I want them to continue to be lovely places. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I will work with the others on the board to ensure Oshkosh parks remain high quality. I will do my part in support of the new park and future plans. I plan to live in Oshkosh the rest of my life so want to support our community on the Parks board. FEBRUARY 14, 2023 23-62 RESOLUTION (CARRIED 6 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION “CLASS A ” & “CLASS B” LICENSE, SPECIAL CLASS “B” LICENSE, COMBINATION “CLASS 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: SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Winnegamie Home Builders Association…………………March 18, 2023 – 9:00 a.m. – 5:00 p.m. March 19, 2023 – 9:00 a.m. – 3:00 p.m. Person in Charge: Jodi Vandermolen Event Name: Everything Spring Expo 500 E. County Rd Y, Oshkosh, WI FEBRUARY 14, 2023 23-62 RESOLUTION CONT’D AGENT CHANGE COMBINATION “CLASS A” LICENSE (FEBRUARY 14, 2023 – JUNE 30, 2023) KWIK TRIP #862 (KWIK TRIP, INC.)……………1090 N. Washburn Street Agent: Rachael Wolf, 45 Highland Ave. Ripon, WI KWIK TRIP #881 (KWIK TRIP, INC.)……………1725 W. 9th Ave. Agent: Nathan Haupt, 1183 Carriage Circle, Fond du Lac, WI AGENT CHANGE COMBINATION “CLASS B” LICENSE (FEBRUARY 14, 2023 – JUNE 30, 2023) THE UNDERGROUND SALOON (THE UNDERGROUND LLC)…………539 High Ave. Agent: Scott Soper, 4515 Sand Pit Rd, Oshkosh, WI COMBINATION “CLASS B” LICENSE NAME AND ADDRESS: LOCATION OF PREMISES: TIPSY OTTER……..……………………………………….………1226 Oshkosh Ave. Agent: Nicole Holz, 247 E. Berlin Street, Berlin, WI CLASS “B” FERMENTED MALT & “CLASS C” WINE LICENSE (FEBRUARY 14, 2023 – JUNE 30, 2023) NAME AND ADDRESS: LOCATION OF PREMISES: SUSHI LOVER……..……………………………………….………2605 Jackson Street Agent: Zhiming Zhao, 621 5th Street, Menasha, WI OPERATOR (BARTENDER) LICENSES (EXPIRES: JUNE 30, 2024) SEE EXHIBIT A LASTNAME FIRSTNAME ST_ADDRESS CITY BOYER BETH 48 W 15TH AVE OSHKOSH BRADEN BLAKE 1740 MICHIGAN STREET OSHKOSH CAREY DANE 780 HIGH AVE OSHKOSH DARE LAURIE 1825 OAK ST.OSHKOSH DELAGARZA PAUL 809 HARNEY AVE OSHKOSH DEROO JAMES 418 MERRITT AVE OSHKOSH GULLICKSON ALEXIS 159 E COTTON STREET FOND DU LAC HOLZ RACHEL 240 ALGOMA BLVD APT 208 OSHKOSH JEWSON CHRISTOPHER 631 ROBIN DR.SUN PRAIRIE KIMPEL JANET 101 FULTON AVE OSHKOSH KITZ KYRA 1382 MARICOPA DR, APT 3 OSHKOSH LO PAOCHOUA 2593 W. WAUKAU AVE APT 8 OSHKOSH REISCHL MELISSA 1740 SKYVIEW AVE.OSHKOSH SALENTINE TRACEY 624 E MELVIN AVE OSHKOSH SHULTZ CRAIG 213 WILLIAMS ST COMBINED LOCKS THORPE NATHANIEL 200 MERRITT AVE APT 207 OSHKOSH TOWNE SARAH 120 S SAWYER ST OSHKOSH UHEN JOSHUA 151 BRIAR LANE NEENAH ZIEGERT CRYSTAL 5 WOODMERE COURT APPLETON EXHIBIT A FEBRUARY 14, 2023 23-63 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-5 DISTRICT (SR-5) AND INSTITUTIONAL DISTRICT (I) TO SUBURBAN MIXED USE (SMU) FOR PROPERTIES LOCATED ON THE SOUTH SIDE OF THE 2100 BLOCK OF WEST 9TH AVENUE INITIATED BY: SCOTT ANDERSEN, DAVEL ENGINEERING, INC. PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the properties located on the south side of the 2100 Block of West 9th Avenue from Single Family Residential-5 District (SR-5) and Institutional District (I) to Suburban Mixed Use (SMU). BEING ALL OF LOT 1 AND PART OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 1190, RECORDED AS DOCUMENT NUMBER 601572, WINNEBAGO COUNTY REGISTER OF DEEDS, PART OF W. 9TH AVENUE AND PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH ¼ CORNER OF SAID SECTION 28; THENCE S89°27’19”E ALONG THE NORTH LINE OF THE NORTHEAST ¼ OF SAID SECTION 28, 1,598.49 FEET TO A POINT ON THE EXTENDED EAST LINE OF CERTIFIED SURVEY MAP NUMBER 1181 AND THE POINT OF BEGINNING; THENCE FEBRUARY 14, 2023 23-63 ORDINANCE FIRST READING CONT’D CONTINUING S89°27’19”E ALONG SAID NORTH LINE; 247.97 FEET; THENCE S01°29’11”W, 389.00 FEET ALONG THE WEST LINE AND EXTENSION THEREOF; THENCE N88°30’46”W, 164.79 FEET TO THE EAST LINE OF CERTIFIED SURVEY MAP 1190; THENCE S83°42’49”W, 83.49 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1181; THENCE N01°25’26”E, 396.22 FEET ALONG THE EAST LINE OF SAID MAP NUMBER 1181 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 96,332 SQUARE FEET OR 2.211 ACRES, MORE OR LESS. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-5 DISTRICT (SR-5) AND INSTITUTIONAL DISTRICT (I) TO SUBURBAN MIXED USE (SMU) FOR PROPERTIES LOCATED ON THE SOUTH SIDE OF THE 2100 BLOCK OF WEST 9TH AVENUE on February 28, 2023. This ordinance changes the zoning of the properties located on the south side of the 2100 Block of We st 9th Avenue from Single Family Residential-5 District (SR-5) and Institutional District (I) to Suburban Mixed Use (SMU). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on 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 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: February 9, 2023 RE: Approve Zone Change from Single Family Residential-5 District (SR-5) and Institutional District (I) to Suburban Mixed Use (SMU) for Properties Located on the South Side of the 2100 Block of West 9th Avenue BACKGROUND The applicant requests a zone change from the existing Single Family Residential – 5 District (SR-5) and Institutional District (I) to Suburban Mixed-Use District (SMU) for properties located on the south side of the 2100 Block of West 9th Avenue. The subject area consists of three lots (along the south side of West 9th Avenue and a portion of a land-locked city-owned lot located south of 2125 West 9th Avenue that the applicant will be purchasing. The three lots fronting West 9th Avenue are currently zoned SR-5 and previously had single family homes that were recently razed. The portion of the subject site to the south of 2125 West 9th Avenue is zoned I and is part of a city-owned storm water basin property but not utilized. The surrounding area consists primarily of commercial uses along with multi-family residential to the northwest. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial uses for the subject area. ANALYSIS This request is intended provide appropriate zoning for future commercial use of the properties. The applicant intends to have the three lots and the northern portion of the lot to the south of 2125 West 9th Avenue combined into one lot for future commercial development. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. Staff is supportive of the proposed rezone to SMU as this zoning designation is consistent with the 2040 Comprehensive Land Use Plan recommendation of Interstate Commercial for the subject area. The proposed SMU zoning will also be consistent with the neighboring properties to the north, east, and west. RECOMMENDATION The Plan Commission recommended approval of the zone change on February 7, 2023. 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: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-5 DISTRICT (SR-5) AND INSTITUTIONAL DISTRICT (I) TO SUBURBAN MIXED USE (SMU) FOR PROPERTIES LOCATED ON SOUTH SIDE OF THE 2100 BLOCK OF W. 9TH AVENUE Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Applicant: Scott Andersen, Davel Engineering, Inc. Owners: 6th Ward, LLC and the City of Oshkosh Action(s) Requested: The applicant requests a zone change from the existing Single Family Residential – 5 District (SR- 5) and Institutional District (I) to Suburban Mixed-Use District (SMU) for properties located on the south side of the 2100 Block of West 9th Avenue. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of three lots (2017, 2115, and 2125) along the south side of West 9th Avenue and a portion of a land-locked City-owned lot south of 2125 West 9th Avenue. The three lots fronting West 9th Avenue are currently zoned SR-5 and previously had single family homes that were recently razed. The subject site to the south of 2125 West 9th Avenue is zoned I and is part of a City-owned storm water basin. The surrounding area consists primarily of commercial uses along with multi-family residential to the northwest. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial uses for the subject area. Subject Site Existing Land Use Zoning Vacant Single Family Residential-5 (SR- 5) & Institutional (I) Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Commercial Suburban Mixed-Use (SMU) South Institutional Institutional ITEM III: Rezone south side 2100 block W 9th Ave. 2 East Commercial Suburban Mixed-Use (SMU) West Service Suburban Mixed-Use (SMU) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Interstate Commercial ANALYSIS Zone Change The applicant is requesting a zone change to Suburban Mixed-Use District (SMU) for the subject properties fronting West 9th Avenue and the northern portion of the City-owned property to the south of 2125 West 9th Avenue. This request is intended provide appropriate zoning for future commercial use of the properties. The applicant intends to have these three lots and the northern portion of the lot to the south of 2125 West 9th Avenue combined into one lot for future commercial development. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. ITEM III: Rezone south side 2100 block W 9th Ave. 3 Staff is supportive of the proposed rezone to SMU as this zoning designation is consistent with the 2040 Comprehensive Land Use Plan recommendation of Interstate Commercial for the subject area. The proposed SMU zoning will also be consistent with the neighboring properties to the north, east, and west. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the rezone with the findings listed above. The Plan Commission recommended approval of the rezone on February 7, 2023. The following is their discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Propp and Mr. Mitchell reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Single Family Residential – 5 District (SR- 5) and Institutional District (I) to Suburban Mixed Use District (SMU) for properties located on the south side of the 2100 Block of W. 9th Avenue. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The applicant is requesting a zone change to Suburban Mixed Use District (SMU) for the subject properties fronting W 9th Ave and the northern portion of the City-owned property to the south of 2125 W 9th Ave. This request is intended provide appropriate zoning for future commercial use of the properties. The applicant intends to have these three lots and the northern portion of the lot to the south of 2125 combined into one lot for future commercial development. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. Staff is supportive of the proposed rezone ITEM III: Rezone south side 2100 block W 9th Ave. 4 to SMU as this zoning designation is consistent with the 2040 Comprehensive Land Use Plan recommendation of Interstate Commercial for the subject area. The proposed SMU zoning will also be consistent with the neighboring properties to the north, east, and west. 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. Peter Lang (The Morgan Partners); 2300 White Swan Dr, said they purchased the parcels in order to combine them. There is not a specific user for the parcels but the user will fit into SMU zoning. 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Mr. Bowen said he will be voting present. Motion carried 6-0-1. REZONE 2100 BLOCK W 9TH AVE PC: 2-07-2023 RED MOON HOLDINGS LLC 3807 STATE ROAD 21 A OSHKOSH, WI 54904 TOWER ASSOCIATES LLC PO BOX 3808 OSHKOSH, WI 54903 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 MIDLAND OSHKOSH ASSOCIATES 1604 ALTA VISTA AVE MILWAUKEE, WI 53213 CUMBERLAND COURT MASTER DEV LLC 600 MERRITT AVE OSHKOSH, WI 54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 DAVEL ENGINEERING INC 1164 PROVINCE TERR MENASHA, WI 54952 THE 6TH WARD LLC 615 S MAIN ST OSHKOSH, WI 54902 W 9 T H AVW 9 T H AV SS WW A A S S H H B B U U R R N N SS TT WW 99TTHHAAVV SS WW AA S S H H B B U U RR NN SS TT C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/29/2022 1 in = 120 ft 1 in = 0.02 mi¯2100 BLOCK W 9TH AVE2100 BLOCK W 9TH AVE 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 I I SMU-PD SMU-PD MR-12 MR-12 DR-6 I I-PD SMU DR-6 SR-5 SMU-PD SMU-PD MR-12 Westhaven Golf Course !"#$41 !"#$41 W 9T H AVW 9T H AV SSWWEESSTTHHAAVVEENN DDRR SS KK OO EE LL LL EE RR SSTT SS WW AA SS HH BB UU RR NN SS TT SS KK OO EE LL LL E E R R SS TT ABBEY AVABBEY AV MM AA RR II CCOOPP AA DD RR GREENFIELD TR GREENFIELD TR H H EE RR IITTAAGGEETTRR GRACELAND DR GRACELAND DR CC UU MM BB EE RR LL AA NN DD TT RR GOLDEN AVGOLDEN AV 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 ARCAD IA AVARCADIA AV DD II CC KK IINNSSOONN AAVV KK IINN GGSSTT OO NN PP LL MENARD DRMENARD DR VI K I N G C T VI K I N G C T C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/29/2022 1 in = 500 ft 1 in = 0.09 mi¯2100 BLOCK W 9TH2100 BLOCK W 9TH 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: 12/29/2022 1 in = 100 ft 1 in = 0.02 mi¯2100 BLOCK W 9TH AVE2100 BLOCK W 9TH AVE 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 ITEM: CONDITIONAL USE PERMIT REQUEST FOR A MANUFACTURING RETAIL LAND USE, OUTDOOR COMMERCIAL ENTERTAINMENT, & ADAPTIVE REUSE AT 959 W 6th AVENUE Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Owner: Thunderbird Bakery LLC, Elizabeth Redman & Trent Wester Applicant: RH Design Build LLC, Susan Hirschberg Action(s) Requested: The applicant is requesting a Conditional Use Permit approval for a manufacturing retail land use, outdoor commercial entertainment, and adaptive reuse at 959 West 6th Avenue. Applicable Ordinance Provisions: Manufacturing Retail, Outdoor Commercial Entertainment, and Adaptive Reuse land uses are permitted only through a conditional use permit in the Urban Mixed Use District (UMU) as regulated in Section 30-53 (C) 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 a triple-fronted lot located on the east side of Knapp Street, with frontage on Knapp Street, West 6th Avenue, and West 7th Avenue. The subject parcel is 13,268 sq. ft. in size and includes a ground floor commercial space with a second floor residential unit. The site is surrounded primarily by mixed commercial/residential land uses as well as a church to the northwest. The 2040 Comprehensive Land Use Plan recommends Neighborhood Commercial use for the subject site. Subject Site: Existing Land Use Zoning Mixed Commercial/Residential UMU Adjacent Land Use and Zoning: Existing Uses Zoning North Mixed Commercial/Residential UMU South Commercial UMU West Residential & Commercial UMU East Residential UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial Item IV – CUP Manufacturing Retail – 959 W 6th Ave. 2 ANALYSIS Use The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish a bakery within the ground floor commercial unit. The bakery will also have an outdoor seating area. The second floor residential unit will be maintained. The bakery is considered a manufacturing retail land use and the outdoor seating area is considered outdoor commercial entertainment under the zoning ordinance. Both uses require a CUP in the UMU district. A CUP is also required for adaptive reuse of the property to allow the site to operate with less parking than required by code. Staff is supportive a CUP to allow the proposed retail manufacturing and outdoor commercial entertainment uses as they are compatible with neighboring commercial uses and surrounding UMU zoning. Staff is also supportive of the proposed adaptive reuse of the site to allow the proposed nine parking stalls, where code requires a total of 16 parking stalls (one stall per 300 sq. ft. of gross floor area + two stalls for residential units). According to the applicant, overflow parking will be available along West 6th Avenue and West 7th Avenue. They also note that peak hours for the bakery are during the morning, which will not conflict with on-street parking for other neighboring businesses as they are primarily taverns with heavier traffic in the evening. Staff does not have concerns with parking for the site as the proposed nine stalls will provide a space for the residential unit as well as sufficient parking for employees (approximately seven employees per typical shift) with a few remaining stalls for customers. On-street parking along West 6th Avenue and West 7th Avenue should provide sufficient parking for additional customers. Aerial view of subject property (highlighted in black) Item IV – CUP Manufacturing Retail – 959 W 6th Ave. 3 Site Design Site Plan The site will utilize existing accesses from Knapp Street and West 7th Avenue. The applicant plans to mill and overlay the existing asphalt parking lot as well as add a 766 sq. ft. concrete patio, enclosed with solid wood fencing, on the south side of the building. A new refuse enclosure will also be added and will be constructed of 6’ tall wood fencing, meeting refuse enclosure material requirements. The new patio will match the setback of the existing building from Knapp Street and Item IV – CUP Manufacturing Retail – 959 W 6th Ave. 4 the new refuse enclosure will meet the 5’ front and side yard setback requirements for the UMU district. Impervious surfaces for the site will not be increased as all improvements will be within existing paved areas. Signage The submitted building elevations include a 39 sq. ft. wall sign on the north elevation and a window sign on the south elevation. Sign area appears to be compliant with UMU signage standards and will be addressed under a sign permit. Plans also show a mural on the west elevation. The mural will need to be compliant with the City’s mural ordinance. Lighting A lighting plan has been has not been included with this request. Additional lighting is not required as there will be no additional parking/drive areas constructed. Storm Water Management The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Plans will be required and reviewed during the Site Plan Review process. Landscaping No additional landscaping has been proposed. As building and parking areas will not be expanded, no additional landscaping is required. Building Facades The petitioner has provided elevations for proposed alterations to the building. Plans include removal of existing siding on the west façade, leaving the underlying smooth face CMU which will match the CMU on the south façade. The applicant notes that the newly exposed smooth face CMU on the west façade will serve as a smooth surface for placement of the proposed mural. Glass window and door area will be added to the south façade as well as an overhead door. Item IV – CUP Manufacturing Retail – 959 W 6th Ave. 5 Section 30-240 of the zoning ordinance requires alterations to buildings constructed prior to the current ordinance to be substantially similar to the existing building design and materials. Staff does not have concerns with the proposed alterations as the existing materials will be utilized and new glazing on the south façade will enhance the appearance of the building. 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 manufacturing retail, outdoor commercial entertainment, and adaptive reuse at 959 West 6th Avenue as proposed with the findings listed above. The Plan Commission recommended approval of the Conditional Use Permit with findings on February 7, 2023. The following is their discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Propp and Mr. Mitchell reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit approval for a manufacturing retailer land use, outdoor commercial entertainment, and adaptive reuse at 959 W 6th Avenue. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area future commercial development. The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish a bakery within the ground floor commercial unit. The bakery will also have an outdoor seating area. The second floor residential unit will be maintained. The bakery is considered a manufacturing retail land use and the outdoor seating area is considered outdoor commercial entertainment under the zoning Item IV – CUP Manufacturing Retail – 959 W 6th Ave. 6 ordinance. Both uses require a conditional use permit in the UMU district. A conditional use permit is also required for adaptive reuse of the property to allow the site to operate with less parking than required by code. Staff is supportive a CUP to allow the proposed retail manufacturing and outdoor commercial entertainment uses as they are compatible with neighboring commercial uses and surrounding Urban Mixed Use zoning. Staff is also supportive of the proposed adaptive reuse of the site to allow the proposed 9 parking stalls, where code requires a total of 16 parking stalls (1 stall per 300 sq. ft. of gross floor area + 2 stalls for residential unit). According to the applicant, overflow parking will be available along W 6th Ave. and W 7th Ave. They also note that peak hours for the bakery are during the morning, which will not conflict with on-street parking for other neighboring businesses as they are primarily taverns with heavier traffic in the evening. Staff does not have concerns with parking for the site as the proposed 9 stalls will provide a space for the residential unit as well as sufficient parking for employees (approximately 7 employees per typical shift) with a few remaining stalls for customers. On-street parking along W 6th Ave. and W 7th Ave. should provide sufficient parking for additional customers. The site will utilize existing accesses from Knapp St. and W 7th Ave. The applicant plans to mill and overlay the existing asphalt parking lot as well as add a 766 sq. ft. concrete patio, enclosed with solid wood fencing, on the south side of the building. A new refuse enclosure will also be added and will be constructed of 6’ tall wood fencing, meeting refuse enclosure material requirements. The new patio will match the setback of the existing building from Knapp St. and the new refuse enclosure will meet the 5’ front and side yard setback requirements for the UMU district. Impervious surfaces for the site will not be increased as all improvements will be within existing paved areas. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Bowen asked if on street parking was located on 7th, Knapp and 6th streets. The owner stated there is no parking on Knapp St. Mr. Bowen said that there is at least multiple locations for on street parking. Mr. Mitchell asked if there are no landscape requirements if they are keeping the same footprint. Mr. Lyons said since the impervious surface is staying the same and they are not adding any new surface they are no landscaping requirements. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Elizabeth Redman; 514 E Fisk Ave, stated they started their bakery in 2018 at the farmers market and started looking for a space that could house retail and manufacturing. This building works for Item IV – CUP Manufacturing Retail – 959 W 6th Ave. 7 those needs and has parking. They want to bring the building back to what it was used to and offer a neighborhood bakery. Susan Hirschberg; 2050 Menominee Dr, said the improvements of the building are going to enhance the neighborhood. There has been deterioration of the building that will be restored in addition to adding accessible features. 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 Ford. Mr. Perry asked if there was any discussion on the motion. Ms. Propp said she is pleased to see there will be upgrades to the exterior since it desperately needs it. Mr. Mitchell asked if the applicant meant accessible in regards to handicap accessible or accessible to the public. He also asked what the requirements are of the city of accessible features when a development is taking place. Mr. Lyons said that in this case they mean accessible as in a handicap ramp. He said he doesn’t know the building code requirements but he can follow up with them. Mr. Mitchell thanked the owner for taking the initiative to make their business handicap accessible. Mr. Mitchell asked if general if this sort of development happened and they were asking for relief from the parking requirements and there was an area for green space, because they are asking for a modification, is that an opportunity to request tradeoff. Mr. Lyons said it depends on the situation. This is not a planned development, so they can’t use the typical means of the planned development where they’re asking for a base standard modification and we’re using something to justify it. When you get into the older urban areas, the code has an adaptive reuse section that understands we can grant parking reduction in certain areas because of the challenges of redevelopment in an urban area. If this was a situation where it was a larger lot with just green space and have the ability to add parking, we would look to add that parking if it made sense. Motion carried 7-0. Conditional Use Narrative Project & Owner Architect/Contact Thunderbird Bakery 959 W 6th Ave Oshkosh, WI 54901 Ph: 920.379.4666 Email: Thunderbirdbakery@gmail.com Susan Hirschberg, RH Design Build 1951 Bowen St Oshkosh, WI 54901 Ph: 920.231.1619 Email: Susan@rhdesignbuild.com Existing & Proposed Use: The prior owners utilized the lot space for a vending company where the site was utilized more towards storage and relocating products, the site parking would’ve primarily been used for employees and van/trucks to relocate goods. Currently the site parking lot is located at the back of house leaving it more for employees’ ease of use with no dedicated customer parking. We are proposing to use the space for a bakery & cafe, utilizing the site space more for on-site customer parking to provide closer access to a new primary entrance. Being a baked goods store the peak employee count is early in the AM prior to even opening as to get the fresh baked goods a head of time meaning there should be little to no conflict between customer vs employee parking either. Additionally, the creation of an outdoor patio space for them to eat their baked good both inside and out and improve the appearance of the neighborhood. The new proposed use improves the site handicap capabilities as well by installing a ramp and providing dedicated handicap parking. Per city requirements a dumpster enclosure will be installed as well to match the proposed patio wood fence further blending the space’s aesthetics and function. Site Statistics Existing Site Area: +/- 13,120 sqft Existing Building Area: +/- 4,150 sqft Existing Impervious Area: +/-89.1% Proposed Building Area: No change Proposed Impervious Area: No change Proposed Patio Area: 766 sqft Required Parking: 14 stalls Provided Parking: 8 stalls plus 1 for the residential tenant above. Daily Usage Statistics Peak Number of Employees: 12 Peak Employee Hour: 6am – 12 pm Projected Peak Customers: 200 Projected Peak Customer Hours: 9am – 1 pm Surrounding Land Uses North: UMU / I – Bar & church South: UMU – Pet store, residential housing & bar East: SR-9 – Residential housing West: UMU / SR-9 – Residential housing Effects On the Surrounding Area There should be no negative effects on the surrounding area due to providing better on-site parking to customers reducing on street parking requirements allowing for better traffic flow in the surrounding area, especially with several bars and shops in the area that provide little to no on-site parking themselves. The visual beauty of the area should also be an improvement as the building exterior is south is damaged and run down, the proposed project provides a new exterior façade to the south and west along with an outdoor patio to enjoy it at. 3 8 EX I S T I N G BU I L D I N G 7 6 1 2 4 RE S E R V E D PA R K I N G 24'-0" 9'-0"7'-0" 18 ' - 0 " 24 ' - 0 " 16 ' - 0 " 5 +/- 9'-2" 5' R E A R S E T B A C K 5' SIDE SETBACK 5' SIDE SETBACK 0' STREET SETBACK 0' S T R E E T S E T B A C K 0' S T R E E T S E T B A C K 5'-0" 5' - 0 " NEW DUMPSTER ENCLOSURE TO MATCH WOOD FENCE PAINTED WALL MURAL MI L L E X I S T I N G A S P H A L T ; A P P L Y NE W L A Y E R O F A S P H A L T WOOD RAMP WOOD FENCE WOOD FENCE WO O D F E N C E CO N C R E T E P A T I O (P I T C H E D T O M A T C H EX I S T I N G A S P H A L T ) 7T H S T R E E T 6T H S T R E E T KNAPP STREET 19 5 1 B O W E N S T R E E T OS H K O S H , W I 5 4 9 0 1 P 9 2 0 . 2 3 1 . 1 6 1 9 F 9 2 0 . 2 3 1 . 1 7 1 5 RH d e s i g n b u i l d . c o m PR O J E C T N O . : DE S C R I P T I O N DA T E TH U N D E R B I R D B A K E R Y 95 9 W 6 T H A V E OS H K O S H , W I 5 4 9 0 1 21 0 2 8 5 PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N PL A N N E D D E V E L O P M E N T 1- 9 - 2 0 2 3 C1 . 0 SI T E P L A N CUP 959 W 6TH AVE PC: 2-07-2023 MARY E FINK 944 W 6TH AVE OSHKOSH, WI 54902 LRH PROPERTIES LLC PO BOX 1414 OSHKOSH, WI 54903 KEITH/KATHLEEN M STIEVE 1620 DAYTON ST MAYVILLE, WI 53050 MICHELE SPANBAUER 1025 W 5TH AVENUE OSHKOSH, WI 54902 PEGGY A MCHUGH 940 W 7TH AVE OSHKOSH, WI 54902 CKM PROPERTIES LLC PO BOX 115 MENASHA, WI 54952 THOMAS J OCONNELL 949 W 6TH AVE OSHKOSH, WI 54902 DANIEL D/PAULA A KINGSLEY 943 W 6TH AVE OSHKOSH, WI 54902 ELIZABETH A BEYER 935 W 6TH AVE OSHKOSH, WI 54902 JAMES & ANN FAUST/JAMES & JAYNE BOYCE 702 KNAPP ST OSHKOSH, WI 54902 SAWDUST CITY IMPROVEMENTS LLC 1610 S WESTHAVEN DR OSHKOSH, WI 54904 DALE P/JULIE A GANTNER 943 W 7TH AVE OSHKOSH, WI 54902 RYAN L NEABLING 6431 PAULSON RD WINNECONNE, WI 54986 DANIEL D KIENERT 607 KNAPP ST OSHKOSH, WI 54902 DAVID W ALBAN 617 KNAPP ST OSHKOSH, WI 54902 PETER J/CINDY L BAEHMAN 660 W 11TH AVE OSHKOSH, WI 54902 ST JUDE THE APOSTLE PARISH CORP 1025 W 5TH AVE OSHKOSH, WI 54902 JACQUELINE STEINER 915 W 5TH AVENUE OSHKOSH, WI 54902 RH DESIGN BUILD LLC 1951 BOWEN ST OSHKOSH, WI 54901 THUNDERBIRD BAKERY LLC 1335 PLANEVIEW DR STE 6 OSHKOSH, WI 54904 KNAPP ST KNAPP ST W 6TH AVW 6TH AV W 7TH AVW 7TH AV W 5TH AVW 5TH AV W 8TH AVW 8TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/10/2023 1 in = 120 ft 1 in = 0.02 mi¯959 W 6TH AVE959 W 6TH AVE 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-9 I I I SR-5 HI I I I UI SR-5 UMU SMU SR-5 I-PD UI UMU MR-20 I-PD NMU UI UI-PD I NMU SR-3 SR-5 NMU UMUUMU-PD MR-12-PD South Park KNAPP ST KNAPP ST W 9TH AVW 9TH AV WITZEL AVWITZEL AV S SAWYER ST S SAWYER ST W 5TH AVW 5TH AV W 6TH AVW 6TH AV MM AA SS OO NN SS TT IDAHO ST IDAHO ST W 10TH AVW 10TH AV OOSSBBOORRNN AAVV W 7TH AVW 7TH AV W 4TH AVW 4TH AV W 8TH AVW 8TH AV RUGBY ST RUGBY ST W 11TH AVW 11TH AV GEORGIA ST GEORGIA STW 12TH AVW 12TH AV BISMARCK AVBISMARCK AV GUENTHER ST GUENTHER ST FF OO SS TT EE RR SS TT WW33RRDD AAVV KANSAS ST KANSAS ST DURFEE AV DURFEE AV S SAWYER ST S SAWYER ST DAKOTA ST DAKOTA ST GLEN AVGLEN AV WY O M I N G S T WY O M I N G S T WEISBROD ST WEISBROD ST W 12TH AVW 12TH AV W 4TH AVW 4TH AV W 10TH AVW 10TH AV W 11TH AVW 11TH AV BISMARCK AVBISMARCK AV DAKO TA S T DAKO TA S T C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/10/2023 1 in = 500 ft 1 in = 0.09 mi¯959 W 6TH AVE959 W 6TH AVE 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: 1/10/2023 1 in = 100 ft 1 in = 0.02 mi¯959 W 6TH AVE959 W 6TH AVE 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 FEBRUARY 14, 2023 23-64 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM MULTI-FAMILY RESIDENTIAL-12 DISTRICT (MR-12) TO MULTI-FAMILY RESIDENTIAL-12 DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (MR-12-PD) FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEST 20TH AVENUE INITIATED BY: CHET WESENBERG ARCHITECT, LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located on the north side of West 20th Avenue from Multi-Family Residential-12 District (MR-12) to Multi-Family Residential-12 District with a Planned Development Overlay (MR-12-PD). BEING ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 4762, RECORDED AS DOCUMENT NUMBER 1126184, WINNEBAGO COUNTY REGISTER OF DEEDS, AND THE ADJACENT NORTH ½ OF W. 20TH AVENUE (CTH K), ALL LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM MULTI-FAMILY FEBRUARY 14, 2023 23-64 ORDINANCE FIRST READING CONT’D RESIDENTIAL-12 DISTRICT (MR-12) TO MULTI-FAMILY RESIDENTIAL-12 DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (MR-12-PD) FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEST 20TH AVENUE on February 28, 2023. This ordinance changes the zoning of the property located on the north side of West 20th Avenue from Multi-Family Residential-12 District (MR-12) to Multi-Family Residential- 12 District with a Planned Development Overlay (MR-12-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: February 9, 2023 RE: Approve Zone Change from Multi-Family Residential-12 District (MR-12) to Multi- Family Residential-12 District with a Planned Development Overlay (MR-12-PD) for Property Located on the North Side of West 20th Avenue BACKGROUND The applicant requests a zone change from the existing Multi-family Residential-12 District (MR-12) to Multi-family Residential-12 District with a Planned Development Overlay (MR-12-PD). The subject site consists of a 17.3-acre vacant lot on the north side of West 20th Avenue, east of Clairville Road. The site is zoned Multi-family Residential 12 District (MR-12). The surrounding area consists of a mixture of residential, institutional, and open-space/recreation uses. The 2040 Comprehensive Land Use Plan recommends Medium and High-Density Residential use for the subject area. The property was annexed into the City in 2014 and assigned R-3 Multiple Dwelling District zoning designation, which permitted multi-family residential use of up to 1 unit per 3,000 sq. ft. (251 units for this property). In 2017, the City’s zoning ordinance and zoning map were re-written with this property assigned MR-12 zoning designation, allowing multi-family residential use of up to 1 unit per 3,600 sq. ft. (209 units). A Conditional Use Permit is required to allow 16-unit buildings and a group development. ANALYSIS The proposed rezone to add a Planned Development Overlay is needed to request a base standard modification for a commercial use (drive-through coffee shop) on the site as indoor sales and drive- through and in-vehicle sales or service are not permitted in the MR-12 district. The proposed 208 multi- family units are permitted by right in the MR-12 district with a Conditional Use Permit. The applicant has submitted preliminary plans for the mixed multi-family residential/commercial development of the property, which will be addressed as General Development Plan tentative schedule for Common Council’s February 28th meeting. Staff is supportive of the proposed rezone as it will assist with the development of the site and provide an amenity to residents. Staff will further review the plans to mitigate potential impacts on neighboring properties. RECOMMENDATION The Plan Commission recommended approval of the zone change on February 7, 2023. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons, Planning Services Manager Mark A. Rohloff, City Manager ITEM: ZONE CHANGE FROM MULTI-FAMILY RESIDENTIAL- 12 DISTRICT (MR- 12) TO MULTI-FAMILY RESIDENTIAL-12 DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (MR-12-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT NORTH SIDE OF W 20TH AVENUE Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Applicant: Chet Wesenberg Architect, LLC Property Owner: Castle Rock Land Co LLC Action(s) Requested: The applicant requests a zone change from the existing Multi-family Residential-12 District (MR- 12) to Multi-family Residential-12 District with a Planned Development Overlay (MR-12-PD). The applicant also requests approval of General Development Plan for a mixed multi-family residential/commercial development. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a 17.3 acre vacant lot on the north side of West 20th Avenue, east of Clairville Road. The site is zoned Multi-family Residential 12 District (MR-12). The surrounding area consists of a mixture of residential, institutional, and open-space/recreation uses. The 2040 Comprehensive Land Use Plan recommends Medium and High Density Residential use for the subject area. Subject Site Existing Land Use Zoning Vacant MR-12 Recognized Neighborhood Organizations Fox Chase ITEM V: North side W 20th Ave. 2 Adjacent Land Use and Zoning Existing Uses Zoning North Recreation/Conservation I South YMCA I East Residential & Recreation/Conservation I West Residential MR-12-PD Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Medium and High Density Residential ANALYSIS Zone Change The applicant is requesting a zone change to add a Planned Development Overlay for the subject parcel. This request is intended to provide some flexibility to the zoning ordinance to accommodate development of the site for multi-family residential use including an on-site drive- through coffee shop. The applicant has submitted preliminary plans for the mixed multi-family residential/commercial development of the property, which will be addressed as General Development Plan (GDP) review to follow. ITEM V: North side W 20th Ave. 3 Staff is supportive of the proposed rezone as it will also assist development of the site and provide further review to mitigate potential impacts on neighboring properties. Use/Site Design The proposed development will have two driveway accesses off of West 20th Avenue and consist of 8 eight-unit and 9 sixteen-unit apartment buildings. The site will also have a community building which will include a drive-through coffee shop. The eight-unit apartments are permitted and the sixteen-unit apartments are a conditional use within the MR-12 district. Staff do not have concerns with the proposed multi-family residential use as it is consistent with the Medium and High Density Residential 2040 Comprehensive Land Use Plan recommendation. With approval of the rezone, the applicant is requesting a base standard modification (BSM) for indoor sales and drive-through and in-vehicle sales or service. Staff is supportive of the proposed BSM as the drive-through coffee shop is centrally located on the site and a substantial distance from existing neighboring residential properties (approximately 360’ west and 300’ east). Staff feel that the proposed use will be relatively compatible with neighboring land uses, in particular the YMCA site immediately south across West 20th Avenue. ITEM V: North side W 20th Ave. 4 The site plan meets density, impervious surface, setbacks, and parking stall requirements for the MR-12 district. Final site layout will be approved as part of the SIP request. Required Provided Parking Spaces Minimum: 496 506 Impervious Surface Maximum: 60% of lot 48% of lot Density Maximum: 209 Dwelling Units 208 Dwelling Units Minimum Provided Front Setback (south) 25 ft. 25 ft. Side Setback (east) 10.5 ft. 14 ft. Side Setback (west) 10.5 ft. 25 ft. Rear Setback (north) 25 ft. 58 ft. A base standard modification may also be needed for the coffee shop drive-through lane as the stacking length appears to be less than 100’ in front of the order station. This may also be addressed during the SIP phase. The site plan appears to be compliant with all other dimensional requirements. Signage Sign renderings were not included with this request. Final sign plans will be reviewed as part of the SIP request. Landscaping A landscape plan was not included with the submittal. Staff is recommending an additional 100 landscaping points be provided along the coffee shop drive-through lane beyond the code requirement to offset the BSM for indoor sales and drive-through and in-vehicle sales and service. Final landscaping plans will be reviewed as part of the SIP request. Storm Water Management/Utilities The Department of Public Works has reviewed the plans and noted that final plans will need to show storm water BMP’s and how utilities (specifically water) will serve the site. It was also noted that final plans will need to comply with Chapter 14 Storm Water Management requirements and storm water from the newly paved area shall be collected and conveyed. This will be addressed during the SIP and Site Plan Review processes. ITEM V: North side W 20th Ave. 5 Site Lighting A photometric lighting plan was not submitted with this request. Final lighting plans will be reviewed as part of the SIP request. Building Facades Building elevation plans were not submitted as part of this request. Final building elevations will be submitted as part of the SIP phase and will be reviewed for compliance with multi-family residential design standards. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. ITEM V: North side W 20th Ave. 6 (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the Rezone and General Development Plan with the findings listed above and the following conditions: 1. Base Standard Modification to allow indoor sales and drive-through and in-vehicle sales or service in the MR-12 zoning district. 2. An additional 100-yard landscaping points shall be provided along the coffee shop drive- through lane. The Plan Commission recommended approval of the Rezone and General Development Plan with an additional condition requiring a Traffic Impact Analysis before the development plan moves forward. Site Inspections Report: Mr. Bowen, Ms. Propp and Mr. Mitchell reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Multi-family Residential-12 District (MR- 12) to Multi-family Residential-12 District with a Planned Development Overlay (MR-12-PD). The applicant also requests approval of General Development Plan for a mixed multi-family residential/commercial development. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area future commercial development. The applicant is requesting a zone change to add a Planned Development Overlay for the subject parcel. This request is intended to provide some flexibility to the zoning ordinance to accommodate development of the site for multi-family residential use including an on-site drive-through coffee shop. The applicant has submitted preliminary plans for the mixed multi-family residential/commercial development of the property, which will be addressed as General Development Plan (GDP) review to follow. Staff is supportive of the proposed rezone as it will also assist development of the site and provide further review to mitigate potential impacts on neighboring properties. The proposed development will have two driveway accesses off of W 20th Ave. and consist of 8 eight-unit and 9 sixteen-unit apartment buildings. The site will also have a community building which will include a drive-through coffee shop. The eight-unit apartments are permitted and the sixteen unit apartments are a conditional use within the MR-12 district. Staff does not have ITEM V: North side W 20th Ave. 7 concerns with the proposed multi-family residential use as it is consistent with the Medium and High Density Residential 2040 Comprehensive Land Use Plan recommendation. With approval of the rezone, the applicant is requesting a base standard modification (BSM) for indoor sales and drive-through and in-vehicle sales or service. Staff is supportive of the proposed BSM as the drive-through coffee shop is centrally located on the site and a substantial distance from existing neighboring residential properties (approximately 360’ west and 300’ east). Staff feels that the proposed use will be relatively compatible with neighboring land uses, in particular the YMCA site immediately south across W 20th Ave. The site plan meets density, impervious surface, setbacks, and parking stall requirements for the MR-12 district. Final site layout will be approved as part of the SIP request. A base standard modification may also be needed for the coffee shop drive-through lane as the stacking length appears to be less than 100’ in front of the order station. This may also be addressed during the SIP phase. The site plan appears to be compliant with all other dimensional requirements. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Lyons added that the base zoning of MR-12 was new starting in 2017. Prior to that, it would’ve been R-3 Residential, which would’ve allowed even more units to be placed in this site than the current code allows. They could apply for a Conditional Use Permit and build the apartments. As Plan Commission is familiar with the CUP laws. The reason they are here for the zone change and the Planned Development is for the coffee shop element. Staff does support the mixed use style design and complements the area. Mr. Perry opened up technical questions to staff. Mr. Bowen said this is a GDP approval in addition to a zone change to allow a PD. If there are issues with the site plan, but will most likely be remedied during the SIP process, is this the best time to bring up those concerns. Mr. Lyons said that with the applicant here, it is best to bring them up now so he can hear them and maybe make adjustments before the SIP process. They only need the zone change if they get approved for the BSM to allow the coffee shop. Otherwise they can come back with a CUP for multi-family. Council Member Ford reiterated that as a land use body, their job is to vote on the zone change for the coffee shop. Mr. Mitchell asked when a proposal of this size comes if turn-in lanes are required. Mr. Lyons said they have these discussions with Public Works and Transit to see if a TIA would needed. A TIA would be the mechanism to determine if a decel lane is necessary. There hasn’t been feedback yet that a traffic impact analysis would be necessary for this development. A Planned Development does give you the authority to ask for a TIA. If it is something that Plan Commission felt was necessary, they could request that it be done. ITEM V: North side W 20th Ave. 8 Mr. Mitchell asked if there are any discussions about developer paid or city produced road crossings to enable safe access from this development to the YMCA across the street. Mr. Lyons said that is a discussion they have started having. They will have a further discussion with Parks and other city departments. It could also be addressed as part of the TIA. They try to avoid mid-block crossings for safety purposes. Mr. Mitchell asked if the code allows this development in without green space for a playground or are they working with Parks to put something in nearby. Mr. Lyons said that the code does have a requirement for recreational open space on the lot. They have to provide a certain percentage of recreational space depending on the number of units. Under the current code, this development does not require any park fees because it is an existing CSM lot. Planning and Community Development are having discussions about reevaluating how parkland fees are paid. Mr. Mitchell asked if that means they wouldn’t be required to put in a playground and if it would just be green space. Mr. Lyons said that open recreational space can’t just be green space. They have to do something to make it a recreational space, but it doesn’t have to be playground equipment. Mr. Perry said that the drive-thru appears to be street facing and asked if that is going to be a problem. Mr. Lyons said it might require additional base standard modification. Mr. Slusarek said that the code states the window can’t be on the street side, and this shows that only the order point is. More landscaping could be required to buffer the drive through. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Corey Wallace; Wesenberg Architects, 240 Algoma Blvd. He stated that the main reason they are there is because they want to put some mixed use into the development. Otherwise they could get a standard CUP to build. This benefits by bringing more diversity to the area with different housing types. There will be a club house and possibly extend the pedestrian system that serves the neighborhoods to the north and east. Ms. Propp asked how many bedrooms they will have and the projected audience. Mr. Wallace said it’s a combination of 208 one and two bedroom units that will go for open market rate so anyone would be able to rent them. The proximity to the school is a plus for those with children would want to live there. ITEM V: North side W 20th Ave. 9 Renee Richards Groff; 3256 W 20th Ave, said the neighborhood does not want diversity of housing. They were there a few years ago opposing a similar development which was successful because it is not there. The apartment building does not fit the type of neighborhood they are in. The Preserve area was a great compromise to what was proposed before. It’s a wetland preserve that also wraps around the area. The coffee shop sounds like spot zoning and could be detrimental to the area driving down property values. The traffic is awful due to the YMCA and the school. There was a study from 2019 that said that 5400 cars pass through this area each day. Karen Hafemeister; 3249 W 20th Ave, said that it is not a benefit to have it near the schools since Carl Traeger is near capacity. Once the Merrill Middle School project is complete, the school district has plans to close Tipler Middle School. The kids from Tipler will be split up between South Park and Traeger. Even though not all the apartments would be occupied by families with children, there is still a huge amount of kids that would be funneled into a school that is near or at max capacity. She is against the coffee shop, considering there are plenty of coffee shops nearby. It is not a good fit for the neighborhood. They are concerned with the possibility of what kind of low income tenants they might get. There is typically more police presence with lower income people. Increased traffic, noise, crime and trash along the roadways. She said her husband on a daily basis picks up trash along their terrace. They don’t want to see the apartments at all. The plans that show doesn’t include water retention. The driveway with the YMCA lines up with the driveway for the apartment complex. They live to the right of the YMCA and on certain days of the week there are cars lined up to turn into the YMCA. The two driveways will be a huge traffic nightmare. Jeffrey Hafemeister; 3249 W 20th Ave, said that the neighborhood would love to see single family owner occupied homes continue in the area. There’s pride in homeownership and they are more likely to take care of their property. He said he is concerned about having 200 families in this development and how many families are going to be supported by drug sales. How many people are going to coming down the road with their loud mufflers throwing their Taco Bell trash on his terrace. They want owner occupied homes and not apartment transient people. Darrel McGill; 1841 Preserve Dr, said he’s part of a development that Wesenberg Architects helped develop 3 years ago. He thinks that historically the site he lives in originally had a concept plan of something similar to what this item is pertaining to. It was rejected and turned into the Preserve Dr and Ct homes they have today. There are so many apartment buildings being constructed around the city, he doesn’t understand how these will get filled. When they first moved into their house, the original timeline was 3 ½ - 4 years. It only took 2 years for the 25 homes to be sold. That says there is a lot of attraction to building single family units. This type of development is favorable to this community over an apartment complex. He wants to know if there is a long term plan for this property. This property is at a high flood plain. All of the houses in Preserve Dr and Ct were originally underwater during the first dig. There are still some flooding in the area that needs to be addressed. Is there anything in place to mitigate flooding issues. He also asked why there isn’t a sidewalk even though they are in the city. They would like to have continued progress just like any other resident in this city to be able to walk. The neighbors are not happy about this complex. Even after talking to Mr. Slusarek and learning that this zoning had already been approved over ten years ago, we weren’t living there ten years ago. We were never asked if we would even be happy with it. ITEM V: North side W 20th Ave. 10 Steven Moline; 3380 Casey Trl, said that’s not opposed to the development other than he would prefer a condo development similar to Preserve Dr. It doesn’t seem like there are a lot of public areas on the property and the concern he has is that they don’t know if there will be pets allowed, and potentially the pets could ruin the trails with waste. He once lived near an apartment complex near Packer Dr, and the complex didn’t enhance the neighborhood. These neighbors weren’t expecting to have a huge apartment complex in their backyards. Jim Preller; 1813 Preserve Dr, said they were one of the first residents in the subdivision. There is a small pond in the north that is already much higher in water depth than it has ever been before. They had addressed it with the developer over the past 2 years. There is an industrial sump pump that they had put in to help mitigate the extra water. It is adding extra water to the north pond. If there is no plans for water mitigation for this development, where will the water end up going. Nancy Bongert; 3374 W 20th Ave, said the Preserve subdivision is a wonderful addition to the neighborhood. A traffic study would be welcomed considering how fast people travel after dropping their kids after school. It would be appreciated if the commission could spend some time out there to see how challenging the traffic could be. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Mr. Wallace said that he could address some concerns. He said there is going to be a retention pond on the north part of the site. They are following all regulations for storm water management. They are lining up the driveways because it is Public Works policy to help with traffic flow. There is another outlet into the division to the west. It seems like most of the traffic is from the YMCA and east, and that’s why the outlet to the west would be helpful. When it comes to density, they are within the zoning regulations when it comes to how dense it would be. Nobody that is going to live there has any more or less right to live there than anyone else in the neighborhood. Ms. Propp asked for clarification on where the west outlet is located on the site map. Mr. Wallace said that Chet Wesenberg wanted to let them know that even though it is zoned the same to the west with single family and they are used to seeing an undeveloped empty lot, it is a luxury. They are prepared to treat is as a bufferyard and add more landscaping. The development they designed is farther away from the property line, 60 feet compared to 25 feet. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. ITEM V: North side W 20th Ave. 11 Council Member Ford asked City Staff to explain what an SIP is and the process for that going forward to help reassure the audience what the next steps are. Mr. Lyons said the planned development approval process is broken into two steps. The applicant must go through both steps before the development can be constructed. The first is step is a General Development Plan and that is what the applicant is here for today. It is concept level approval only. It doesn’t included building elevations, landscaping, drainage, or lighting plans that would need to be approved before being constructed. Should this get approved by council, the applicant will have to come back with what is called a Specific Implementation Plan. It includes the final plan set of what they are going to build. It includes the landscaping, drainage and other plans that will have to be approved. They are broken into steps because there can be an initial concept discussion about whether or not this concept makes sense before all those other plans are drawn up. If it is denied at this point, it won’t go through. If it would go through, they would have to come back to Plan Commission and all the neighbors would be notified again. Council Member Ford addressed the audience and said hopefully the explanation makes sense and even if they were to approve it today, Plan Commission has a relatively narrow role and only makes a recommendation to council. It will still have to be approved by council and going forward if they come back with the specific plans, Plan Commission will make a recommendation and council will then decide. Mr. Mitchell said that a lot of things that have come up today have come up in similar situations. Things could be possibly resolved through neighborhood association meetings. He said it’s quite common for communities to require neighborhood meetings and to have a follow up report from the meeting. There could be some sort of middle ground between what the neighbors want and what the developers want. We heard a lot from the neighbors saying they don’t want certain kind of people in their community but no one offered solutions. Mr. Lyons said the reason why a neighborhood meeting hasn’t happened yet is because they wanted to have a discussion about the commercial element, which is what they are there for. The apartments, although a challenge, are a by-right permitted use. That discussion will need to take place with the residents. Before engaging in that, we wanted to see if there was support for adding that commercial element. If that goes away, there is going to be some redesign that will need to take place. This is the first time they are trying to add a commercial element in a suburban style neighborhood. Mr. Mitchell said that they will often see that a neighborhood meeting has been done, but no follow up or anything to see if there were compromises made. It would be helpful for Plan Commission and the neighborhood to see a more detailed report, if it comes from the neighbors or from staff. Mr. Lyons said that is something staff can look at. Mr. Mitchell asked if the process of the development is something that could be addressed with the mailing notices that are sent to the neighbors. ITEM V: North side W 20th Ave. 12 Mr. Lyons said that it is usually something that is addressed during a neighborhood meeting. This one we might have missed the ball a little bit because of the commercial element. Mr. Mitchell said that it is great that multiple types of housing are in a particular neighborhood that may not be accessible otherwise. Ms. Propp said that she understands why the neighbors are concerned. However it has been zoned this way for a long time. Is there a comparable complex in the city that the neighbors could look at to help with some of their concerns. Mr. Lyons said that The Wit is comparable, but is probably denser. Ms. Propp said people are always concerned about water, they have been working hard with mitigation with the flow. The developers need to take the comments today and take them into consideration. They are not allowed to drain off into other people’s property and is drained through appropriate outlets. Even though the coffee shop is the only legitimate item they are voting on. She asked if there are any hours for the coffee shop and how many people it could serve. Mr. Lyons said that they don’t have an end user for the coffee shop yet since they are still at the conceptual level of planning. The vision is that it would be something open to the public with small breakfast items. Ms. Davey said that the housing study was done; this looks like it would fill a lot of openings for housing that is needed in Oshkosh since there is a severe housing shortage. It is a great idea for the complex and the coffee shop adds a neighborhood and community touch. It is also essential that a TIA is done. The traffic at Traeger is miles long and doesn’t move at certain times of the day. Mr. Bowen said that he is generally not a fan of TIA because there are a lot of types of developments and ways you can gain those. In this instance, it would be necessary. 20th Avenue is problematic and if this is something that could trigger the TIA, it should be done. He said he doesn’t have a lot of concerns with the development otherwise maybe the buildings being close to 20th. Potentially adding more landscaping could help ease the neighbors’ concerns. The commercial element isn’t an issue considering the use across the street. There hasn’t been much evidence against the development based in land use theory, it has been just “we just don’t want it” and while we can empathize with that, there are zoning codes for a reason. Ms. Propp said she wishes there was more open space, and maybe when they come back they will show more green space with trails. Mr. Mitchell asked if now is the time to add an amendment for a TIA. Mr. Lyons said they should add it now. ITEM V: North side W 20th Ave. 13 Mr. Perry said he lives in a single family residential neighborhood with a HOA. A similar situation occurred in the neighborhood was that one of the landowners bought the property. All it did was kick the problem down the road. The issue is if this is a proper land usage and the buildings being shown is a proper land use and conforms to the zoning codes. He will support it as this stage, but at the SIP stage supporting it without a TIA will be challenging. Ms. Davey makes a motion to add an amendment to the conditions to include requiring a Traffic Impact Analysis before the development plan moves forward. Seconded by Propp. Amendment motion carried 7-0. Motion carried 7-0. Project Name: 0 West 20th Avenue JAN. 3 RD, 202 3 Proposed Multi-Family Residential Development Proposed Zoning Change Narrative: The owner 0 West 20th Avenue, parcel #1329343000, would like to develop the 17.34 acre site into a multi-family residential development. The parcel is currently zoned MR -12. While we generally understand MR-12 to be the most pertinent zoning district for the proposed planned development, we anticipate some variations to the current MR-12 ordinances and are therefore requesting a re-zone to MR-12-PD. To enable the planned development process including City Plan Commission and Common Council review, the parcel zoning is requested to be changed from MR-12 to MR-12-PD. Please refer to the submitted zoning map and architectural site plan for more information regarding the proposed development. Project Name: Sawyer Creek Crossings Jan. 3rd, 2023 0 WEST 20 TH AVENUE GDP NARRATIVE: NARRATIVE : GENERAL PROJECT THEMES AND IMAGES : The proposed development consists of (8) eight unit multi-family residential buildings, (9) sixteen unit multi-family residential buildings, various size detached tenant garage buildings, and a Community Center building. All buildings are being cohesively designed to be contextual to each o ther. Common features include asphalt finished pitched roofs and a combination of brick and horizontal lap sided exterior walls. Each building will be of the same material colors. GENERAL MIX OF DWELLING UNIT TYPES AND LAND -USES : The proposed developm ent consists of (8) eight-unit multi-family residential buildings, (9) sixteen -unit multi-family residential buildings, various size detached tenant garage buildings, and a Community Center building. The sixteen-unit buildings will have eight one-bedroom and eight two-bedroom apartments, whereas the eight-unit buildings will have eight two- bedroom apartments. The clubhouse is intended to serve as a tenant community gathering space and is intended to include a multi-purpose area for various functions, an exercise area, and a café/coffee shop. Additional site amenities include two recreational play areas and extension of the existing pedestrian path that connects neighboring properties. APPROXIMATE RESIDENTIAL DE NSITIES AND NONRESIDENTIAL INTENSITIES : DWELLING UNITS PER ACRE: 208 total dwelling units / 17.34 acres = 12 dwelling units per acre OFF STREET PARKING INTENSITIES: 212 tenant garage stalls and 271 off-street parking stalls GENERAL TREATMENT OF NATURAL FEATURES : There is an existing wetland area at the north end of the site that will be preserved. The proposed extension of the neighborhood pedestrian path encompasses and focuses on the wetland area. The development axis off of 20th Avenue creates a focal point to the natural area without being obstructed by off-street parking. GENERAL RELATIONSHIP TO NEARBY PROPERTIES AN D PUBLIC STREETS : The development borders the north side of 20th Avenue. The location is directly opposing the west YMCA along 20 th Avenue. There are two development axis proposed from 20 th Avenue to distribute traffic. GENERAL RELATIONSHIP OF THE PROJ ECTTO THE COMPREHENSIVE PLAN OR OTHER AREA PLANS : PROPOSED EXCEPTIONS FROM THE REQUIREMENTS OF THE ZONING ORDINANCE : In an MR-12 zoning district: • the proposed sixteen-unit multi-family residential buildings are only permitted via conditional use. • The clubhouse/community building is intended to support a coffee shop -like retail area. A restaurant land use is not permitted in a MR-12 district. • The clubhouse coffee shop is proposed to have a drive-through service window which is not permitted in a MR -12 district. • There are two off-street parking runs in access of twenty-five stalls without a proposed intermediate curbed landscape island. W i n n e b a g o C o u n t y a n d C i t y o f O s h k o s h , C i t y o f O s h k o s h Ci t y o f O s h k o s h Z o n i n g M a p Ci t y o f O s h k o s h Z o n i n g M a p Th e C i t y o f O s h k o s h c r e a t e s a n d m a i n t a i n s G I S m a p s a n d d a t a f o r i t s o w n u s e . 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ST A L L DRIVE-THRU 22' - 0" OR D E R IS S U E D A T E : PR O J E C T N U M B E R Th i s d e s i g n d r a w i n g a n d d e t a i l i s t h e c o p y r i g h t e d pr o p e r t y o f W E S E N B E R G A R C H I T E C T S . N o pa r t h e r e o f s h a l l b e c o p i e d , d u p l i c a t e d , di s t r i b u t e d , d i s c l o s e d o r m a d e a v a i l a b l e t o a n y o n e wi t h o u t t h e e x p r e s s e d w r i t t e n c o n s e n t o f W E S E N B E R G A R C H I T E C T S . FI E L D V E R I F Y A L L G I V E N D A T A B E F O R E PR E P A R A T I O N O F S H O P D R A W I N G S , CO N S T R U C T I O N A N D I N S T A L L A T I O N . RE V I S I O N S : SH E E T N U M B E R Proposed Addition and Alterations for:© W e s e n b e r g A r c h i t e c t s PR I N T E D : SE T T Y P E : PR E L I M I N A R Y FO R P R O P E R IN T E R P R E T A T I O N , T H E S E DR A W I N G S S H A L L B E PR I N T E D I N C O L O R 12 / 2 8 / 2 0 2 2 3 : 0 9 : 3 3 P M G: \ S h a r e d d r i v e s \ C W A P r o j e c t s _ C u r r e n t \ 2 1 3 9 _ S a w y e r C r e e k C r o s s i n g \ P r o g r a m s \ R e v i t \ 2 0 2 2 1 1 1 6 _ S a w y e r C r e e k C r o s s i n g _ S i t e M o d e l _ F i n a l O p t i o n . r v t AS 1 0 0 Owner SAWYER CREEK CROSSING 12 / 2 8 / 2 0 2 2 21 3 9 20th Street Oshkosh, WI DE V E L O P M E N T P L A N NO . D E S C R I P T I O N D A T E 1" = 4 0 ' - 0 " 1 PR O P O S E D D E V E L O P M E N T P L A N Pr o j e c t No r t h . 8 7 4 T r u e N o r t h REZONE/GDP 0 W 20TH AVE PC: 2-7-2023 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 OSHKOSH COMMUNITY YMCA 324 WASHINGTON AVE OSHKOSH, WI 54901 ROBERT J/MARILYN K POTRATZ REV TRUST 3400 PRESERVE CT OSHKOSH, WI 54904 DANIEL N POLLNOW 3410 PRESERVE CT OSHKOSH, WI 54904 BRAD L HARTWIG 1828 PRESERVE DR OSHKOSH, WI 54904 PATRICK M/LISA M OCONNOR 1814 PRESERVE DR OSHKOSH, WI 54904 CARY T/SUSAN M FARAH 1800 PRESERVE DR OSHKOSH, WI 54904 JAMES/CINDY PRELLER 1813 PRESERVE DR OSHKOSH, WI 54904 MIRZA/MUFLEHA AHMED 2000 MORNINGSTAR LN OSHKOSH, WI 54904 NANCY A BONGERT 3375 W 20TH AVE OSHKOSH, WI 54904 CRAIG T HARVOT 3351 W 20TH AVE OSHKOSH, WI 54904 JEFFREY L /KAREN T HAFEMEISTER 3249 W 20TH AVE OSHKOSH, WI 54904 TRAVIS W GROFF/RENNE M RICHARDS GROFF 3256 W 20TH AVE OSHKOSH, WI 54904 PAMELA H CELAN 3420 PRESERVE CT OSHKOSH, WI 54904 ROBERT J /DEBRA A WALKER 3421 PRESERVE CT OSHKOSH, WI 54904 JAMES R/ NANCY J SMITH 3411 PRESERVE CT OSHKOSH, WI 54904 DENNIS C/ SUSAN M KRUEGER 3401 PRESERVE CT OSHKOSH, WI 54904 JAMES C/ LORI A MICHAL III 7122 QUIET CREEK DR BRADENTON, FL 54904 MATSCHE & MARCIA M THOMPSON, DIANE 1900 PRESERVE DR OSHKOSH, WI 54904 RAYMOND R/ JAMIE L CARVER 1914 PRESERVE DR OSHKOSH, WI 54904 CROWE LIFE ESTATE, KELLEY J & DEBORAH A 1942 PRESERVE DR OSHKOSH, WI 54904 CHERYL ALMBERG 1956 PRESERVE DR OSHKOSH, WI 54904 GAIL PIERSON 2850 W 20TH AVENUE OSHKOSH, WI 54904 SCOTT GREUEL 2860 W 20TH AVENUE OSHKOSH, WI 54905 TOWN OF ALGOMA 15 NORTH OAKWOOD RD OSHKOSH, WI 54904S CASTLE ROCK LAND CO LLC 3807 STATE ROAD 21 A OSHKOSH, WI 54904 CASTLE ROCK LAND CO LLC 3807 STATE ROAD 21 A OSHKOSH, WI 54904 CHET WESENBERG ARCHITECT LLC 240 ALGOMA BLVD SUITE A OSHKOSH, WI 54901 Rusch Park Oshkosh City Limit Oshkosh City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t Oshkosh City LimitOshkosh City Limit W 20TH AVW 20TH AV MM OO RR NN IINNGGSSTTAARR LL AA P R E S E R V E D R P R E S E R V E D R PP RR EE SS EE RR VV EE CC TT C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/9/2023 1 in = 220 ft 1 in = 0.04 mi¯0 W 20TH AVE0 W 20TH AVE 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 I SR-5 HI-PD SR-3 MR-12 MR-12 SR-3 RH MR-12-PD MR-12-PD SR-5 MR-12 Rusch Park Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City LimitOshkosh City LimitW 20TH AVW 20TH AV CLAIRVILLE RD CLAIRVILLE RD CCAASSEEYY TTRR MOCKINGBIRD WAYMOCKINGBIRD WAY M M E E A A D D O O WW P P A A R R KK DD RR WW YY AA TTTT WW AAYY SSAA WW YY EE RR CC RR EE EEKK DDRR P R E S E R V E C T P R E S E R V E C T C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/9/2023 1 in = 500 ft 1 in = 0.09 mi¯0 W 20TH AVE0 W 20TH AVE 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: 1/9/2023 1 in = 200 ft 1 in = 0.04 mi¯0 W 20TH AVE0 W 20TH AVE 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 FEBRUARY 14, 2023 23-65 ORDINANCE FIRST READING (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE AMENDMENTS TO CHAPTER 30 ZONING ORDINANCE PERTAINING TO IMPLEMENTATION OF THE CITY OF OSHKOSH HOUSING STUDY AND NEEDS ASSESSMENT INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO IMPROVE IMPLEMENTATION OF THE ORDINANCE WHICH BECAME EFFECTIVE JANUARY 1, 2017 The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-22 is hereby amended to add Accessory Dwelling Unit (ADU) to definitions. SECTION 2. That Section 30-36(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the SR-2 zoning district. SECTION 3. That Section 30-37(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the SR-3 zoning district. SECTION 4. That Section 30-38(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the SR-5 zoning district. SECTION 5. That Section 30-39(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the SR-9 zoning district. FEBRUARY 14, 2023 23-65 ORDINANCE FIRST READING CONT’D SECTION 6. That Section 30-40(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the DR-6 zoning district. SECTION 7. That Section 30-41(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the TR-10 zoning district. SECTION 8. That Section 30-41(D) is hereby amended to add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for the TR-10 zoning district. SECTION 9. That Section 30-74 is hereby amended to add Accessory Dwelling Unit (ADU) to the Accessory Land Use Table and the Accessory Land Use Table is updated to include two-flat, duplex, and multiple (3-4 units) where applicable. SECTION 10. That Section 30-86(A) is hereby amended to add a description of Accessory Dwelling Units to Accessory Land Uses and Structures. SECTION 11. That Section 30-75(E)(5) is hereby amended to reduce parking requirements to a minimum of one space for the townhouse dwelling unit. SECTION 12. That Section 30-75(F)(4) is hereby amended to reduce parking requirements to a minimum of one space plus one guest space per four units for the multiplex dwelling unit. SECTION 13. That Section 30-75(G)(4) is hereby amended to reduce parking requirements to a minimum of one space plus one guest space per four units for the apartment dwelling unit. SECTION 14. That Figure 30-175A is hereby amended to update the parking requirements for the townhouse, multiplex, and apartment dwelling units. SECTION 15. That Section 30-39(G) is hereby amended to reduce the minimum lot width to 30’ for the SR-9 zoning district. FEBRUARY 14, 2023 23-65 ORDINANCE FIRST READING CONT’D SECTION 16. That Section 30-40(G) is hereby amended to reduce the minimum lot width to 30’ for the DR-6 zoning district. SECTION 17. That Section 30-41(G) is hereby amended to reduce the minimum lot width to 30’ for the TR-10 zoning district. SECTION 18. That Section 30-37(B) is hereby amended to add two-flat and duplex land uses to Principal Uses Permitted by Right in the SR-3 zoning district. SECTION 19. That Section 30-38(B) is hereby amended to add two-flat and duplex land uses to Principal Uses Permitted by Right in the SR-5 zoning district. SECTION 20. That Section 30-39(B) is hereby amended to add two-flat and duplex land uses to Principal Uses Permitted by Right in the SR-9 zoning district. SECTION 21. That Section 30-40(B) is hereby amended to add the two-flat land use to Principal Uses Permitted by Right in the DR-6 zoning district. SECTION 22. That Section 30-41(B) is hereby amended to add the duplex land use to Principal Uses Permitted by Right in the TR-10 zoning district. SECTION 23. That Section 30-40(C) is hereby amended to add the multiplex land use to Principal Uses Permitted by Conditional Use in the DR-6 zoning district. SECTION 24. That Section 30-41(C) is hereby amended to add the multiplex land use to Principal Uses Permitted by Conditional Use in the TR-10 zoning district. SECTION 25. That Section 30-35(N) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the RH- 35 zoning district. FEBRUARY 14, 2023 23-65 ORDINANCE FIRST READING CONT’D SECTION 26. That Section 30-36(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the SR-2 zoning district. SECTION 27. That Section 30-37(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the SR-3 zoning district. SECTION 28. That Section 30-38(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the SR-5 zoning district. SECTION 29. That Section 30-39(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the SR-9 zoning district. SECTION 30. That Section 30-40(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the DR- 6 zoning district. SECTION 31. That Section 30-41(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the TR- 10 zoning district. SECTION 32. That Section 30-42(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the MR- 12 zoning district. SECTION 33. That Section 30-43(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the MR- 20 zoning district. FEBRUARY 14, 2023 23-65 ORDINANCE FIRST READING CONT’D SECTION 34. That Section 30-44(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the MR- 36 zoning district. SECTION 35. That Section 30-50(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the I zoning district. SECTION 36. That Section 30-51(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the NMU zoning district. SECTION 37. That Section 30-52(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the SMU zoning district. SECTION 38. That Section 30-54(G) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the CMU zoning district. SECTION 39. That Section 30-55(L) is hereby amended to remove Minimum Dwelling Unit Structure Area from Density, Intensity, and Bulk Regulations for the CMU zoning district. SECTION 40. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE AMENDMENTS TO CHAPTER 30 ZONING ORDINANCE PERTAINING TO IMPLEMENTATION OF THE CITY OF OSHKOSH HOUSING STUDY AND NEEDS ASSESSMENT on February 28, 2023. Updates to the Ordinance provide a description of Accessory Dwelling Units, permit the use of the Accessory Dwelling Units by right in the SR-2, SR-3, SR-5, SR-9, DR-6, and TR-10 zoning districts, reduce the parking space requirements for the townhouse, multiplex, and apartment dwelling units, reduce the minimum lot widths for the SR-9, DR-6, and TR-10 zoning districts, and removes the minimum dwelling size in the RH-35, SR-2, SR-3, SR-5, FEBRUARY 14, 2023 23-65 ORDINANCE FIRST READING CONT’D SR-9, DR-6, TR-10, MR-12, MR-20, MR-36, I, NMU, SMU, CMU, and RMU zoning districts. The updates also allow two-flat and duplex as principal uses permitted by right in the SR-3, SR-5, and SR-9 zoning districts, two-flat as a principal use permitted by right in the DR-6 and TR-10 zoning districts, and multiplex as a principal use permitted by conditional use in the DR-6 and TR-10 zoning districts. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on 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 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: February 9, 2023 RE: Approve Amendments to Chapter 30 Zoning Ordinance Pertaining to Implementation of the City of Oshkosh Housing Study and Needs Assessment BACKGROUND The City of Oshkosh Department of Community Development requests the review and approval of amendments to the Oshkosh Zoning Ordinance. The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff have noticed a number of code sections that should be modified following further examination and discussion with the public and developers. As a response to the 2022 Housing Study and Needs Assessment adoption, Planning staff held workshops with both Common Council and Plan Commission on zoning ordinance amendments proposed to eliminate barriers to new affordable workforce housing. ANALYSIS The proposed amendments allow for use of the Accessory Dwelling Units (ADU) in several zoning districts. ADUs are smaller, independent residential dwelling units located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs increase the opportunities for affordable workforce housing in the City of Oshkosh. The proposed amendments reduce the minimum lot width, increase density, reduce parking requirements in multi-family development districts, and eliminate the minimum dwelling size to free up lots that historically haven’t been able to be developed for housing sites. Staff recommend approval of the proposed amendments to the City of Oshkosh Zoning Ordinance RECOMMENDATION The Plan Commission recommended approval of the zoning ordinance amendments on February 7, 2023. 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 VIII: TEXT AMENDMENTS TO THE ZONING ORDINANCE RELATED TO IMPLEMENTATION OF THE CITY OF OSHKOSH HOUSING NEEDS ASSESSMENT Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Applicant: Department of Community Development Actions Requested: The City of Oshkosh Department of Community Development requests the review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff have noticed a number of code sections that should be modified following further examination and discussion with the public and developers. As a response to the 2021 Housing Study and Needs Assessment, Planning staff held workshops with both Common Council and Plan Commission on zoning ordinance amendments proposed to eliminate barriers to new affordable workforce housing. The Plan Commission workshop was held on August 2nd, 2022 and the commissioners were in support of these amendments. ANALYSIS The proposed amendments allow for use of the Accessory Dwelling Units (ADU) in several zoning districts. ADUs are smaller, independent residential dwelling units located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs increase the opportunities for affordable workforce housing in the City of Oshkosh. The proposed amendments reduce the minimum lot width, increase density, reduce parking requirements in multi-family development districts, and eliminate the minimum dwelling size to free up lots that historically haven’t been able to be developed for housing sites. Staff propose amendments to the following Zoning Ordinance code sections: Item VII - Text Amendments-Zoning Ordinance 2 Section 30-22 Add ADU to definitions Accessory Dwelling Unit (ADU): A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. The following amendments will add Accessory Dwelling Unit (ADU) Accessory uses permitted by right in the following zoning districts: Section 30-36(D): to Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-2. (See 30-86 for additional info) Section 30-37(D): to Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-3. (See 30-86 for additional info) Section 30-38(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-5 (See 30-86 for additional info) Section 30-39(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-9. (See 30-86 for additional info) Section 30-40(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for DR-6 (See 30-86 for additional info) Section 30-41(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for TR-10 (See 30-86 for additional info) Section 30-74: Add Accessory Dwelling Unit (ADU) to the Accessory Land Use Table and update Land Use Table to include two-flat, duplex, and multiplex (3-4 units) where applicable. Update table to correspond changes Create 30-86(A): Add description to Accessory Land Uses and Structures. Accessory Dwelling Units (ADU) A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. Regulations: (1) An ADU can be up to 400 square feet in size. (2) An ADU cannot exceed the height of the primary structure and is permitted within a second story. (3) An ADU must meet accessory dwelling setbacks and required building separation for that district. (4) An ADU in the side yard must meet minimum side yard setbacks for that district. (5) Accessory Dwelling Unit (ADU) floor area does not count towards the maximum allowable residential accessory structure area. Item VII - Text Amendments-Zoning Ordinance 3 The following amendments reduce parking requirements that increase the developable area for multi-family housing developments, increase green space opportunities, reduces impervious surface, and reduce development cost for housing developers. Section 30-75(E)(5): amend parking to min. 1 per dwelling unit for townhouse Section 30-75(F)(4): amend parking to min. 1 per dwelling unit, plus one guest space per 4 units for multiplex Section 30-75(G)(4) parking to a minimum 1 space per dwelling unit, plus one guest space per 4 units for apartment. Figure 30-175a: minimum number of parking spaces for townhouse, multiplex, and apartment. The following amendments reduce the minimum lot width in the following districts to provide opportunities that historically haven’t been able to be developed for housing sites. Section 30-39(G): Minimum lot width to 30’ for SR-9 This amendment reduces the minimum lot width from 40’ to 30’. Section 30-40(G): Minimum lot width to 30’ for DR-6 This amendment reduces the minimum lot width from 60’ to 30’. Section 30-41(G): Minimum lot width to 30’ for TR-10 This amendment reduces the minimum lot width from 60’ to 30’. The following amendments allow for greater density in several districts to provide opportunities that historically haven’t been able to be developed for housing sites. Section 30-37(B): allow two-flat and duplex permitted in SR-3 Section 30-38(B): allow two-flat and duplex permitted in SR-5. Section 30-39(B): allow two-flat and duplex permitted in SR-9. Section 30-40(B): allow two-flat permitted in DR-6 Section 30-41(B): allow duplex permitted in TR-10 Section 30-40(C): allow multiplex (3-4 units) conditional use in DR-6 Section 30-41(C): allow multiplex (3-4 units) conditional in TR-10 The following amendments eliminate the minimum dwelling size in all districts to provide opportunities that historically haven’t been able to be developed for housing sites. Item VII - Text Amendments-Zoning Ordinance 4 Section 30-35(N): remove minimum dwelling unit structure area in RH-35 Section 30-36(G): remove minimum dwelling unit structure area in SR-2 Section 30-37(G): remove minimum dwelling unit structure area in SR-3 Section 30-38(G): remove minimum dwelling unit structure area in SR-5 Section 30-39(G): remove minimum dwelling unit structure area in SR-9 Section 30-40(G): remove minimum dwelling unit structure area in DR-6 Section 30-41(G): remove minimum dwelling unit structure area in TR-10 Section 30-42(G): remove minimum dwelling unit structure area in MR-12 Section 30-43(G): remove minimum dwelling unit structure area in MR-20 Section 30-44(G): remove minimum dwelling unit structure area in MR-36 Section 30-50(G): remove minimum dwelling unit structure area in I Section 30-51(G): remove minimum dwelling unit structure area in NMU Section 30-52(G): remove minimum dwelling unit structure area in SMU Section 30-54(G): remove minimum dwelling unit structure area in CMU Section 30-55(L): remove minimum dwelling unit structure area in RMU Staff feel the proposed amendments will assist in creating additional opportunities to develop housing that meets the diverse housing needs in the City of Oshkosh. RECOMMENDATION Staff recommend approval of the proposed amendments to the City of Oshkosh Zoning Ordinance. The Plan Commission recommended approval of the zoning ordinance amendments on February 7, 2023. The following is their discussion on the item. Staff report accepted as part of the record. The City of Oshkosh Department of Community Development requests the review and approval of amendments to the Oshkosh Zoning Ordinance. Item VII - Text Amendments-Zoning Ordinance 5 Mr. Witte presented the item. Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff has noticed a number of code sections that should be modified following further examination and discussion with the public and developers. As a response to the Housing Needs Assessment conducted in 2021, Planning Staff held workshops with both Common Council and Planning Commission on these proposed amendments to eliminate barriers to new affordable workforce housing. The Plan Commission workshop was held on August 2nd, 2022 and the Commissioners were in support of these amendments. Staff proposes amendments to the following Zoning Ordinance code sections: The following amendments allow for use of the Accessory Dwelling Units (ADU) in several zoning districts. ADUs are smaller, independent residential dwelling units located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs increase the opportunities for affordable workforce housing in the City of Oshkosh. Working in the coordination of reducing the minimum lot width, increasing density, reducing parking requirements in multifamily development districts, and eliminating the minimum dwelling size to free up lots that historically haven’t been able to be developed for housing sites. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Propp said 400 sq. feet is small and asked if the ADUs can be located within a structure itself. Mr. Lyons said it has to meet building code for a separate unit. Ms. Propp asked if it’s on a lot with a structure, if it has to meet setbacks and accessory structure requirements. Mr. Lyons said that is correct. Ms. Propp asked if these ADUs would have to have their own driveway. Mr. Lyons said a separate driveway would not be required and the decision of where they park is up to the property owner. If a parking requirement was added, it would eliminate property owners in urban areas. Ms. Propp said that this could be another avenue for AirBnbs. Mr. Lyons said that it is a possibility. Item VII - Text Amendments-Zoning Ordinance 6 Ms. Davey asked if this has to be a detached unit. Mr. Lyons said that is can be either attached or detached and there are multiple ways to configure it. Ms. Davey asked what differentiates an addition versus an ADU. Mr. Lyons said an ADU is a fully separate independent swelling unit. Ms. Davey asked if the maximum size is 400 sq. feet. Mr. Lyons said there are minimum standard sizes in the building code for how small a dwelling unit can be to be livable building space. Ms. Davey asked if they knew what size that would be. Mr. Lyons said that a practical size is 200 sq. feet. It is very small, but ADUs are intended to be on the smaller side. 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 Bowen. Mr. Perry asked if there was any discussion on the motion. Ms. Propp said that this gets rid of the standard lot size, so a 60 foot lot could be divided into two lots. Mr. Lyons said that the reason for this is looking into the urban areas, there are a lot of non- conforming lots as small as 30 feet. Part of the update is to legalize these lots and allow some larger lots to split and have affordable homes on them. Ms. Propp said that parking is being reduced, but not at the commercial level. Mr. Lyons said that the parking reduction is for multi-family residential. Item VII - Text Amendments-Zoning Ordinance 7 Motion carried 6-0. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article I - Page 6 Municipal Codes (3) Accessory Dwelling Unit (ADU): A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. (4) Accessory structure, nonresidential: See Article III. A structure or combination of structures that: (1) are located on the same lot, tract, or development parcel as the primary nonresidential building; (2) are clearly incidental to and customarily found in connection with a primary building or use; and (3) are subordinate to and serving a primary building or use. (5) Accessory structure, residential: See Article III. Structures accessory to a residential use including but not limited to structures used to shelter parked passenger vehicles (including garages and carports), structures used to store residential maintenance equipment of the subject property, workshops, kennels, boathouses, and pool houses. Residential accessory structures may be attached or detached from the principal residential structure. (6) Accessory structure, attached: An accessory structure which is physically connected to the principal building or located less than 5 feet from the principal building. Attached accessory structures shall be considered part of the principal structure and are subject to the setback standards for principal structures. [Revised 10/13/20] (7) Accessory structure, detached: An accessory structure which is not physically connected to the principal building and is located 5 feet or more from the principal building. A minor attachment does not render an accessory structure attached. Examples of minor attachments include, but are not limited to, decks 18 inches or less above grade, arbors and fences, and similar open unclosed structures such as breezeways over the pedestrian pathway between structures and no wider than 5 feet. [Revised 10/13/20] (8) Accessory use: A use subordinate to the principal use of a building or lot and serving a purpose customarily incidental to the principal land use. Accessory uses in residential districts shall not involve the conduct of any business, trade, or industry, except as defined as a Home Occupation and shall not include the boarding of animals or the keeping of fowl or farm animals (except pets or as otherwise permitted by the Municipal Code). (9) Adaptive reuse: Adapting an existing building originally designed for an institutional, quasi-public, public or other specific/special purpose to a new use. (10) Addition: Any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 7 Municipal Codes (N) Density, Intensity, and Bulk Regulations for the (RH-35) Rural Holding District. Regulation Maximum Residential Density* 1 dwelling unit per 35 acres* Minimum Lot Area* 20,000 square feet* Maximum Lot Area 2 acres Maximum Impervious Surface Ratio 40 percent Minimum Lot Width 100 feet Minimum Lot Depth 120 feet Minimum Lot Frontage at Right-of- Way 100 feet Minimum Front Setback 30 feet Minimum Street Side Setback (on corner lots) 30 feet Minimum Side Setback 20 feet Minimum Rear Setback 50 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 20 feet Minimum Rear Setback 5 feet 50 feet Maximum Height Lesser of 18 feet or 1 story 45 feet *Note: This district is designed to allow the property owner to create one new lot (with a minimum lot area of 20,000 square feet and a maximum lot area of 2 acres) from a “parent lot” of between 1 and 70 acres. The new lot may include the existing residence, allowing the rest of the undeveloped original lot to be sold. The required maximum residential density of one dwelling per 35 acres is intended to retain agricultural or other rural uses until urban services are available to enable a zoning map amendment to a development-oriented zoning district. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 10 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (SR-2) Single Family Residential – 2 District. Requirement Minimum Lot Area 20,000 square feet Maximum Impervious Surface Ratio 40 percent Minimum Lot Width 100 feet Minimum Lot Depth 120 feet Minimum Lot Frontage at Right-of- Way 50 feet Minimum Front Setback 30 feet Minimum Street Side Setback (on corner lots) 30 feet Minimum Side Setback 10 feet Minimum Rear Setback 30 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 15 feet Minimum Rear Setback 5 feet 30 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 11 Municipal Codes Section 30-37: (SR-3) Single Family Residential–3 Zoning District (A) Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of 3 dwelling units per acre. (B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Single Family Dwelling Unit (2) Single Family Living Arrangement (3) Two-Flat (4) Duplex (5) Community Garden (6) Outdoor Open Space Institutional (7) Passive Outdoor Recreation (8) Active Outdoor Recreation (9) Essential Services (10) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(G) (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Roommate Residential Living Arrangement (2) Cultivation (3) Indoor Institutional (4) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (5) Bed and Breakfast (6) Vacation Rental Home (7) Communication Tower (8) Large Wind Energy System (9) Adaptive Reuse (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 12 Municipal Codes (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (13) Accessory Dwelling Unit (ADU) (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (F) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to Section 30-87 for detailed definitions and requirements for each of the following land uses. (1) Temporary Moving Container (Residential) (2) Garage or Estate Sale (3) Temporary Outdoor Assembly* (4) Temporary On-Site Construction Storage* (5) Temporary Contractor’s Project Office* (6) Temporary On-Site Real Estate Sales Office* City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 13 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (SR-3) Single Family Residential – 3 District. Requirement Minimum Lot Area 10,000 square feet Maximum Impervious Surface Ratio 50 percent Minimum Lot Width 80 feet Minimum Lot Depth 120 feet Minimum Lot Frontage at Right-of- Way 50 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. Minimum Side Setback 10 feet Minimum Rear Setback 25 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 5 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 14 Municipal Codes Section 30-38: (SR-5) Single Family Residential–5 Zoning District (A) Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of 5 dwelling units per acre. (B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Single Family Dwelling Unit (2) Single Family Living Arrangement (3) Two-Flat (4) Duplex (5) Community Garden (6) Outdoor Open Space Institutional (7) Passive Outdoor Recreation (8) Active Outdoor Recreation (9) Essential Services (10) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(G) (11) Existing conforming two family uses on existing lots of record with 60 feet or more of lot width and 7,200 square feet of lot area. (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Roommate Residential Living Arrangement (2) Cultivation (3) Indoor Institutional (4) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (5) Bed and Breakfast (6) Vacation Rental Home (7) Communication Tower (8) Large Wind Energy System (9) Adaptive Reuse (10) Existing legal nonconforming two family uses on lots of record with less than 60 feet of lot width and 7,200 square feet of lot area. (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 15 Municipal Codes (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (13) Accessory Dwelling Unit (ADU) (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (F) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to Section 30-87 for detailed definitions and requirements for each of the following land uses. (1) Temporary Moving Container (Residential) (2) Garage or Estate Sale (3) Temporary Outdoor Assembly* (4) Temporary On-Site Construction Storage* (5) Temporary Contractor’s Project Office* (6) Temporary On-Site Real Estate Sales Office* City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 16 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (SR-5) Single Family Residential – 5 District. Requirement Minimum Lot Area 7,200 square feet Maximum Impervious Surface Ratio 50 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. Minimum Side Setback 7 ½ feet Minimum Rear Setback 25 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 17 Municipal Codes Section 30-39: (SR-9) Single Family Residential–9 Zoning District (A) Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of 9 dwelling units per acre. (B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Single Family Dwelling Unit (2) Single Family Living Arrangement (3) Two-Flat (4) Duplex (5) Community Garden (6) Outdoor Open Space Institutional (7) Passive Outdoor Recreation (8) Active Outdoor Recreation (9) Essential Services (10) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(G) (11) Existing conforming two family uses on existing lots of record with 60 feet or more of lot width and 7,200 square feet of lot area. (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Roommate Residential Living Arrangement (2) Cultivation (3) Indoor Institutional (4) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (5) Bed and Breakfast (6) Vacation Rental Home (7) Communication Tower (8) Large Wind Energy System (9) Adaptive Reuse (10) Existing legal nonconforming two family uses on lots of record with less than 60 feet of lot width and 7,200 square feet of lot area. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 18 Municipal Codes (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (E) (13) Accessory Dwelling Units (ADU)Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (F) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to Section 30-87 for detailed definitions and requirements for each of the following land uses. (1) Temporary Moving Container (Residential) (2) Garage or Estate Sale (3) Temporary Outdoor Assembly* (4) Temporary On-Site Construction Storage* (5) Temporary Contractor’s Project Office* (6) Temporary On-Site Real Estate Sales Office* City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 19 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (SR-9) Single Family Residential – 9 District. Requirement Minimum Lot Area 4,500 square feet Maximum Impervious Surface Ratio 50 percent Minimum Lot Width 40 feet 30 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of- Way 25 feet Minimum Front Setback Residential: 15 feet Nonresidential: 25 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. Minimum Side Setback Residential: 5 feet Nonresidential: 10 feet Minimum Rear Setback 25 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 20 Municipal Codes Section 30-40: (DR-6) Duplex Residential–6 Zoning District (A) Intent. This district intended to create, preserve, and enhance areas for single family detached and two family attached dwellings at an approximate density of 6 dwelling units per acre. (B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Single Family Dwelling Unit (2) Twin House (3) Two-Flat (4) Duplex (5) Single Family Living Arrangement (6) Community Garden (7) Outdoor Open Space Institutional (8) Passive Outdoor Recreation (9) Active Outdoor Recreation (10) Essential Services (11) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(G) (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Roommate Residential Living Arrangement (2) Cultivation (3) Indoor Institutional (4) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (5) Bed and Breakfast (6) Communication Tower (7) Large Wind Energy System (8) Adaptive Reuse (9) Multiplex (3-4 units) (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 21 Municipal Codes (5) Home Occupation (6) In-Home Daycare (4-8 children) (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (13) Accessory Dwelling Units(ADU) (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (F) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to Section 30-87 for detailed definitions and requirements for each of the following land uses. (1) Temporary Moving Container (Residential) (2) Garage or Estate Sale (3) Temporary Outdoor Assembly* (4) Temporary On-Site Construction Storage* (5) Temporary Contractor’s Project Office* (6) Temporary On-Site Real Estate Sales Office* City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 22 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (DR-6) Duplex Residential – 6 District. Requirement Minimum Lot Area 7,200 square feet Maximum Impervious Surface Ratio 50 percent Minimum Lot Width 60 feet 30 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. Minimum Side Setback 7 ½ feet* Minimum Rear Setback 25 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 23 Municipal Codes Section 30-41: (TR-10) Two Flat Residential–10 Zoning District (A) Intent. This district intended to create, preserve, and enhance areas for single family detached and two flat dwellings at an approximate density of 10 dwelling units per acre. (B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Single Family Dwelling Unit (2) Duplex (3) Two Flat (4) Single Family Living Arrangement (5) Community Garden (6) Outdoor Open Space Institutional (7) Passive Outdoor Recreation (8) Active Outdoor Recreation (9) Essential Services (10) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(G) (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Multiplex(3-4 units) (2) Roommate Residential Living Arrangement (3) Cultivation (4) Indoor Institutional (5) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (6) Bed and Breakfast (7) Communication Tower (8) Large Wind Energy System (9) Adaptive Reuse (D) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Residential Accessory Structure (2) Recreational Facility (3) Landscape Feature (4) Residential Kennel (5) Home Occupation (6) In-Home Daycare (4-8 children) City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 24 Municipal Codes (7) In-Family Suite (8) Nonresidential Accessory Structure (9) On-Site Parking Lot (10) Satellite Dish (11) Personal Antenna and Towers (12) Small Solar Energy Systems (13) Accessory Dwelling Unit (ADU) (E) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) On-Site Structured Parking (2) Communication Antenna (3) Small Wind Energy System (F) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to Section 30-87 for detailed definitions and requirements for each of the following land uses. (1) Temporary Moving Container (Residential) (2) Garage or Estate Sale (3) Temporary Outdoor Assembly* (4) Temporary On-Site Construction Storage* (5) Temporary Contractor’s Project Office* (6) Temporary On-Site Real Estate Sales Office* City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 25 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (TR-10) Two Flat Residential – 10 District. Requirement Minimum Lot Area 7,200 square feet Maximum Impervious Surface Ratio 50 percent Minimum Lot Width 60 feet 30 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. Minimum Side Setback 7 ½ feet Minimum Rear Setback 25 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 28 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (MR-12) Multi-Family Residential – 12 District. Requirement Minimum Lot Area 7,200 square feet for single family or two flat dwelling units. 3,600 square feet per dwelling unit for all other dwelling unit types. Maximum Impervious Surface Ratio 60 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet Minimum Side Setback 7 ½ feet for 1-story buildings, plus 3 feet for each additional story* Minimum Rear Setback 25 feet for 1- and 2-story buildings, plus 5 feet for each additional story Maximum Principal Building Height 45 feet Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable)[Revised 4/11/17] 10 feet Minimum Parking Required [Revised 4/11/17] See Article III Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 31 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (MR-20) Multi-Family Residential – 20 District. Requirement Minimum Lot Area 7,200 square feet for single family or two flat dwelling units. 2,000 square feet per dwelling unit for all other dwelling unit types. Maximum Impervious Surface Ratio 65 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet Minimum Side Setback 7 ½ feet for buildings with four or fewer units.* 7 ½ feet plus 3 feet for each additional story for buildings with 5 or more units.* Minimum Rear Setback 25 feet for 1- and 2-story buildings. plus 5 feet for each additional story Maximum Principal Building Height 45 feet Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) See Article III Minimum Parking Required 10 feet Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 34 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (MR-36) Multi-Family Residential – 36 District. Requirement Minimum Lot Area 7,200 square feet for single family or two flat dwelling units. 1,200 square feet per dwelling unit for all other dwelling unit types. Maximum Impervious Surface Ratio 70 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet Minimum Side Setback 7 ½ feet for buildings with four or fewer units.* 7 ½ feet plus 3 feet for each additional story for buildings with 5 or more units.* Minimum Rear Setback 25 feet for 1- and 2-story buildings. plus 5 feet for each additional story Maximum Principal Building Height 65 feet Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) See Article III Minimum Parking Required 10 feet Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 42 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (I) Institutional District. Requirement Minimum Lot Area 7,200 square feet Maximum Impervious Surface Ratio 60 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 30 feet Minimum Street Side Setback (on corner lots) 25 feet Minimum Side Setback 7 ½ feet Minimum Rear Setback 25 feet Maximum Principal Building Height Residential: Lesser of 35 feet or 2 ½ stories Commercial: 45 feet Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 7 ½ feet [revised 4/24/18] Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 46 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (NMU) Neighborhood Mixed Use District. Requirement Minimum Lot Area 7,200 square feet for single family or two flat dwelling units. 1,200 square feet per dwelling unit for all other dwelling unit types. Nonresidential: 7,200 square feet Maximum Impervious Surface Ratio 50 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. Minimum Side Setback 7 ½ feet* Minimum Rear Setback 25 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 0 or 5 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 50 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (SMU) Suburban Mixed Use District. Requirement Minimum Lot Area 10,000 square feet Maximum Impervious Surface Ratio 70 percent Minimum Lot Width 60 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right-of-Way 40 feet Minimum Front Setback 25 feet Minimum Street Side Setback (on corner lots) 25 feet Minimum Side Setback 10 feet* Minimum Rear Setback 25 feet Maximum Principal Building Height 45 feet Minimum Principal Building Separation 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) Meet minimum setbacks for principal structures Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 800 square feet for single family dwelling units. 1,200 square feet for two family dwelling units. 400 square feet per dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 10 feet Minimum Rear Setback 3 feet 25 feet Maximum Height Lesser of 18 feet or 1 story 45 feet *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. (H) See Article VII for additional performance standards specific to the SMU district. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 54 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (UMU) Urban Mixed Use District. Residential Uses Nonresidential Uses Minimum Lot Area 1,200 square feet per dwelling unit None Maximum Impervious Surface Ratio 75 percent [revised 4/24/18] 85 percent Minimum Lot Width 60 feet 45 feet Minimum Lot Depth 100 feet 100 feet Minimum Lot Frontage at Right- of-Way 40 feet 40 feet Minimum Front Setback 25 feet 0 feet Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is maintained. 0 feet Minimum Side Setback 7 ½ feet* 0 or 5 feet Minimum Rear Setback 25 feet 5 feet Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories 45 feet Minimum Principal Building Separation 10 feet 0 or 10 feet Minimum Pavement Setback (lot line to pavement; excludes driveway entrances) 5 feet 5 feet Minimum Garage Door Setback to Alley (if applicable) 10 feet 10 feet Minimum Parking Required See Article III See Article III Minimum Dwelling Unit Structure Area 500 square feet per dwelling unit. Minimum 400 square feet per individual dwelling unit. N/A Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 3 feet 0 or 5 feet Minimum Rear Setback 3 feet 5 feet Maximum Height Lesser of 18 feet or 1 story 45 feet *For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 58 Municipal Codes (G) Density, Intensity, and Bulk Regulations for the (CMU) Central Mixed Use District. Requirement Minimum Lot Area 1,200 square feet per dwelling unit Nonresidential: None Maximum Impervious Surface Ratio None Minimum Lot Width None Minimum Lot Depth None Minimum Lot Frontage at Right-of-Way None Front Setback Minimum: None Maximum: 5 feet Street Side Setback (on corner lots) Minimum: None Maximum: 5 feet Minimum Side Setback 0 or 5 feet Minimum Rear Setback 0 or 5 feet Maximum Principal Building Height See Section 30-245(A)(5)(c). Minimum Principal Building Separation 0 or 10 feet Minimum Pavement Setback (lot line to pavement, excludes driveway entrances) 5 feet Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 500 square feet per dwelling unit. Minimum 400 square feet per individual dwelling unit. Accessory Buildings: Residential Nonresidential Minimum Front Setback Even with or behind the principal structure 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 0 or 5 feet 0 or 5 feet Minimum Rear Setback 0 or 5 feet 0 or 5 feet Maximum Height Lesser of 18 feet or 1 story 45 feet (H) See Section 30-245(A) for design standards applicable to the CMU district. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article II -Page 62 Municipal Codes (L) Density, Intensity, and Bulk Regulations for the (RMU) Riverfront Mixed Use District. All lots Requirement Minimum Lot Area Residential: 1,200 square feet per dwelling unit. Nonresidential: 10,000 square feet. Maximum Impervious Surface 80 percent Minimum Lot Width 40 feet Minimum Lot Depth None Minimum Lot Frontage at Right-of-Way 40 feet Maximum Principal Building Height None Minimum Principal Building Separation 0 or 10 feet Minimum Pavement Setback (pedestrian uses only) 0 feet Minimum Garage Door Setback to Alley (if applicable) 10 feet Minimum Parking Required See Article III Minimum Dwelling Unit Structure Area 500 square feet per dwelling unit. Minimum 400 square feet per individual dwelling unit. Waterfront Lots Minimum Waterfront Setback 30 feet from the Ordinary High Water Mark, unless permitted per Section 30-55(K) Maximum Waterfront Setback 45 feet from the Ordinary High Water Mark Minimum Street Setback 10 feet Minimum Side Setback 10 feet* Minimum Vehicle Parking Setback (lot line to pavement, excludes driveway entrances) 45 feet from the Ordinary High Water Mark. 10 feet from all other lines Non-Waterfront Lots Minimum Front Setback 10 feet Minimum Side Setback 10 feet* Minimum Rear Setback Per Section 30-55(I)(1) if applicable; otherwise, 25 feet. Minimum Vehicle Parking Setback (lot line to pavement, excludes driveway entrances) 25 feet from rear lot line. 10 feet from all other lines. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article III - Page 7 Municipal Codes Ru r a l H o l d i n g ( R H -35 ) Si n g l e F a m i l y R e s i d e n t i a l – 2 ( S R -2) Si n g l e F a m i l y R e s i d e n t i a l – 3 ( S R -3) Si n g l e F a m i l y R e s i d e n t i a l – 5 ( S R -5) Si n g l e F a m i l y R e s i d e n t i a l – 9 ( S R -9) Du p l e x R e s i d e n t i a l – 6 ( D R -6) Tw o F l a t R e s i d e n t i a l – 10 ( T R -10 ) Mu l t i -Fa m i l y Re s i d e n t i a l – 12 ( M R -12 ) Mu l t i -Fa m i l y R e s i d e n t i a l – 20 ( M R -20 ) Mu l t i -Fa m i l y R e s i d e n t i a l – 36 ( M R -36 ) Mo b i l e H o m e R e s i d e n t i a l – 9 ( M H -9) In s t i t u t i o n a l ( I ) Ne i g h b o r h o o d M i x e d U s e ( N M U ) Su b u r b a n M i x e d U s e ( S M U ) Ur b a n M i x e d U s e ( U M U ) Ce n t r a l M i x e d U s e ( C M U ) Riv e r f r o n t M i x e d U s e ( R M U ) Co r p o r a t e B u s i n e s s P a r k ( C B P ) * Bu s i n e s s P a r k ( B P ) Ur b a n I n d u s t r i a l ( U I ) He a v y I n d u s t r i a l ( H I ) Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: By Right C: By Conditional Use Permit P/C: Refer to specific requirements for that land use to determine if a Conditional Use Permit is required Residential Land Uses (§ 30-75)* P (1) Single Family 35-acre lot Dw e l l i n g U n i t T y p e s C P P P P P P P P P P (1) Single Family 20,000 sq. ft. lot P P P P P P P P P (1) Single Family 10,000 sq. ft. lot P P P P P P P P (1) Single Family 7,200 sq. ft. lot P P P P P P P (1) Single Family 4,500 sq. ft. lot P P P P P P P P P (2) Two Flat 7,200 sq. ft. lot P P P P C (3) Twin House - two 3,600 sq. ft. lots P P P P P P P P C (4) Duplex 3,600 sq. ft. lot P P P C P C C (5) Townhouse 3-4 units [Rev. 4/24/18] P P P P C C (5) Townhouse 5-8 units [Rev. 4/24/18] C C P P P C P C C (6) Multiplex 3-4 units [Rev. 4/24/18] P P P P C C (6) Multiplex 5-8 units [Rev. 4/24/18] P P P C P C C (7) Apartment 3-4 units [Rev. 4/24/18] P P P P C C (7) Apartment 5-8 units [Rev. 4/24/18] P P P P C C (7) Apartment 9-12 units [Rev. 4/24/18] C P P C C C (7) Apartment 13-16 units[Rev 4/24/18] C P P C C C (7) Apartment 17-20 units [Rev.4/24/18] C P C C C (7) Apartment 21-36 units [Rev 4/24/18] C C C C (7) Apartment 37+ units [Rev. 4/24/18] P (8) Mobile Home P (9) Mobile Home Subdivision C (10) Mobile Home Park City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article III - Page 12 Municipal Codes Ru r a l H o l d i n g ( R H -35 ) Si n g l e F a m i l y R e s i d e n t i a l – 2 ( S R -2) Si n g l e F a m i l y R e s i d e n t i a l – 3 ( S R -3) Si n g l e F a m i l y R e s i d e n t i a l – 5 ( S R -5) Si n g l e F a m i l y R e s i d e n t i a l – 9 ( S R -9) Du p l e x R e s i d e n t i a l – 6 ( D R -6) Tw o F l a t R e s i d e n t i a l – 10 ( T R -10 ) Mu l t i -Fa m i l y Re s i d e n t i a l – 12 ( M R -12 ) Mu l t i -Fa m i l y R e s i d e n t i a l – 20 ( M R -20 ) Mu l t i -Fa m i l y R e s i d e n t i a l – 36 ( M R -36 ) Mo b i l e H o m e R e s i d e n t i a l – 9 ( M H -9) In s t i t u t i o n a l ( I ) Ne i g h b o r h o o d M i x e d U s e ( N M U ) Su b u r b a n M i x e d U s e ( S M U ) Ur b a n M i x e d U s e ( U M U ) Ce n t r a l M i x e d U s e ( C M U ) Riv e r f r o n t M i x e d U s e ( R M U ) Co r p o r a t e B u s i n e s s P a r k ( C B P ) * Bu s i n e s s P a r k ( B P ) Ur b a n I n d u s t r i a l ( U I ) He a v y I n d u s t r i a l ( H I ) Land Uses Permitted: Refer to the detailed definitions and requirements listed for each land use on the following pages. P: By Right C: By Conditional Use Permit P/C: Refer to specific requirements for that land use to determine if a Conditional Use Permit is required Accessory Land Uses (§ 30-86) P P P P P P P P P P P P P P P C (1) Residential Accessory Structure P P P P P P P P P P P P P P P P P P P P (2) Recreational Facility P P P P P P P P P P P P P P P P P P P P (3) Landscape Feature P P P P P P P C C C C C C C (4) Residential Kennel [Revised 4/24/18] P P P P P P P P P P P P P P P P P (5) Home Occupation P P P P P P P P P P P P P P P C C (6) In-Home Daycare 4-8 Children P P P P P P P P P P P P P P P C C (7) In-Family Suite P (8) Farm Residence C (9) Migrant Employee Housing P P P P P P P P P P P P P P P P P P P P (10) Nonresidential Accessory Structure P (11) Residential Stable P P P P P P P P P P P P P P P P P P P P (12) On-Site Parking Lot C C C C C C C C C C C P C P P P P P P P (13) On-Site Structured Parking P P P P P P P P P P (14) Company Cafeteria P P P C C P P P (15) Incidental Outdoor Display P P P P P P P P (16) Incidental Indoor Sales P P P P P P P P (17) Incidental Light Industrial P C C P P P C P P P (18) Incidental Outdoor Storage P P P P P P P P P P P P P P P P P P P P (19) Satellite Dish P P P P P P P P P P P P P P P P P P P P (20) Personal Antenna and Towers P C C C C C C C C C C C C C C C C C C P (21) Communication Antenna C C C C C C C C C C C P C C P P C C P P (22) Small Wind Energy System C C C C C C C C C C C P C C P P C C P P (23) Small Solar Energy System P P P P P P (24) Accessory Dwelling Unit (ADU) City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article III - Page 22 Municipal Codes (E) Townhouse: This dwelling unit type consists of attached, two-story residences, each having a private, individual access. This dwelling unit type may be located on its own lot or within a group development. Each dwelling unit shares at least one common wall with an adjacent dwelling unit. Regulations: (1) No more than eight and no less than three Townhouse dwelling units may be attached per building. (2) In the case where any dwelling unit is under separate ownership, evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, is required. (3) This dwelling unit type may not be split into additional residences. (4) See Section 330-242 for multi-family design standards. (5) Minimum required parking: Two spaces One space per dwelling unit containing zero, one or two bedrooms, plus 0.5 space per additional bedroom over two bedrooms per unit. (6) The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Townhouse land uses. Specific requirements for Townhouses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article III - Page 24 Municipal Codes (F) Multiplex: This dwelling unit type consists of three or more individual attached dwelling units which have private, individual exterior entrances. Regulations: (1) In the case where any dwelling unit is under separate ownership, evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, is required. (2) This dwelling unit type may not be split into additional residences. (3) See Section 30-242 for multi-family design standards. (4) Minimum required parking: Two spaces One space per dwelling unit, plus one guest space per 4 units. containing zero, one or two bedrooms, plus 0.5 space per additional bedroom over two bedrooms per unit. One guest parking space shall be provided for every three dwelling units. (5) The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Multiplex land uses. Specific requirements for Multiplexes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article III - Page 26 Municipal Codes (G) Apartment: This dwelling unit type consists of a single structure with three or more individual attached dwelling units which take access from a shared entrance or hallway. Regulations: (1) In the case where any dwelling unit is under separate ownership, evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, is required. (2) Group Developments shall meet the standards of Section 30-171. This dwelling unit type may not be split into additional residences. (3) See Section 30-242 for multi-family design standards. (4) Minimum required parking: Two spaces One space per dwelling unit ,plus one guest space per 4 units containing zero, one or two bedrooms, plus 0.5 space per additional bedroom over two bedrooms per unit. One guest parking space shall be provided for every three dwelling units. (5) The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Apartment land uses. Specific requirements for Apartments can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article III - Page 70 Municipal Codes (ii) Does not significantly increase the cost of the system or significantly decrease its efficiency. (iii) Allows for an alternative system of comparable cost and efficiency. Section 30-86: Accessory Land Uses and Structures (A) Accessory Dwelling Units (ADU) A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. Regulations: (1) An ADU can be up to 400 square feet in size. (2) An ADU cannot exceed the height of the primary structure and is permitted within a second story. (3) An ADU must meet accessory dwelling setbacks and required building separation for that district. (4) An ADU in the side yard must meet minimum side yard setbacks for that district. (5) Accessory Dwelling Unit (ADU) floor area does not count towards maximum allowable residential accessory structure area. (B) Residential Accessory Structure: Structures accessory to a residential use including but not limited to structures used to shelter parked passenger vehicles (including garages and carports), structures used to store residential maintenance equipment of the subject property, workshops, kennels, boathouses, and pool houses. Regulations: (1) Three total structures shall be permitted by right. Attached garages shall not count toward this total. (2) A combined total of 1,200 square feet of gross floor area of all accessory structures on the property is permitted by right. For lots larger than one acre, the maximum permitted combined total of gross floor area of all accessory structures on the property shall be increased by one square foot for every 100 square feet of lot area over one acre. In no instance shall the accessory structure area exceed the ground floor area of the principal building used for residence. An individual detached accessory structure shall not exceed 800 square feet of gross floor area. The measurement of accessory structure size shall include the City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 18 Municipal Codes Figure 30-175a: Number of Off-Street Parking Spaces Required by Land Use Figure 30-175a is provided as a convenience for the City and the general public. Where there are conflicts between the text of this Chapter and Figure 30-175a, the text shall prevail. Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Re s i d e n t i a l Single Family Dwelling Unit 2 None Single Family Living Situation 2 None Two Flat, Twin House, Duplex 2 per dwelling unit None Townhouse, Multiplex, Apartment 1 per dwelling unit, plus one guest space per 4 units for apartments. 2 spaces per dwelling unit containing 0-2 bedrooms, plus 0.5 space per additional bedroom over 2 bedrooms per unit None Mobile Home 2 None Roommate Living Arrangement 2 per family plus 1 for each unrelated adult None Boarding House 1 per bedroom per rent 1.25 per bedroom per rent Transitional Residential Housing 1 per bedroom per rent 1.25 per bedroom per rent Ag r i c u l t u r a l Cultivation 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. Husbandry 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. On-Site Agricultural Retail 1 space for every 200 square feet of the product display area. 1.25 spaces for every 200 square feet of the product display area. Intensive Agriculture 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. Agricultural Services 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. Community Garden None None Market Garden 1 space per 300 square feet of retail floor area 1.25 spaces per 300 square feet of retail floor area FEBRUARY 14, 2023 23-66 ORDINANCE FIRST READING (CARRIED_______ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: CREATE SECTION 4-5.2 AND AMEND SECTIONS 4-24, 4-25, AND 30-87(G) OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL PERTAINING TO THE REGULATION OF BEER GARDENS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 4-5.2 AND AMENDING SECTIONS 4-24, 4-25 AND 30-87(G) OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL PERTAINING TO THE REGULATION OF BEER GARDENS WHEREAS, recent years have seen a greater number of licensed premises utilizing outdoor venues on a more frequent basis; and WHEREAS, staff has reviewed and recommended changes to current city ordinances to clarify the processes for application for and approval of beer gardens within the City of Oshkosh. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 4-5.2 of the City of Oshkosh Municipal Code pertaining to applications for the extension of licensed premises is hereby created to read as shown on the attachment to this ordinance. SECTION 2. That Sections 4-24, 4-25 and 30-87(G) of the City of Oshkosh Municipal Code pertaining to Beer Gardens, Hours of Consumption and Temporary Uses are hereby amended to read as shown on the attachment to this ordinance. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and publication. FEBRUARY 14, 2023 23-66 ORDINANCE FIRST READING CONT’D SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-____ on February 28, 2023 CREATE SECTION 4-5.2 AND AMEND SECTIONS 4-24, 4-25, AND 30-87(G) OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL PERTAINING TO THE REGULATION OF BEER GARDENS. The ordinance clarifies and changes requirements and processes for approval of beer gardens within the city. The ordinance adopts noise provisions that have previously been consolidated in Chapter 17 of the Municipal Code. Fencing requirements are modified to require only a single 3.5 foot fence which may be used in combination with landscaping or other features to adequately identify a proposed beer garden. A process for the extension of a licensed premises is established. The ordinance establishes clear procedures and guidelines for the issuance of administrative approvals for beer gardens with no or non-amplified sound, no temporary structures, limited attendance (75 or less persons) and which end by 10 pm on weeknights or 11 pm on weekends. The ordinance also provides a process for review and coordination of beer garden uses under the city’s zoning code temporary use permit provisions for those events anticipating no more than 250 persons and ending by 10 pm on weeknights and 11 pm on weekends and which may not require a Special Events permit under city ordinances. Review of beer gardens will include review of the proposed plan including potential adverse effects upon neighboring properties from placement of lighting or sound equipment, and potential adverse effects on pedestrian and vehicle traffic. The ordinance also provides an appeal process to the Council for staff decisions. The ordinance also changes sale and consumption hours within parks to end at 10 pm. 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. TO: Honorable Mayor and Members of the Common Council FROM: Lynn Lorenson, City Attorney DATE: February 9, 2023 RE: Create Section 4-5.2 and Amend Sections 4-24, 4-25, and 30-87 of the City of Oshkosh Municipal Code all Pertaining to the Regulation of Beer Gardens BACKGROUND In November 2022, the Council received the attached memo providing an overview of the City’s current beer garden ordinances and processes and proposing changes to those processes. Council was given the opportunity to review the proposed changes and provide any feedback to the proposals. Staff incorporated the proposed changes into the ordinances. During circulation of the proposed changes among staff, staff reviewed and discussed the current code provisions limiting sales within the parks to 9 pm and allowing consumption in the parks until 10 pm and in addition to the changes noted in the November 4, 2022 memorandum staff recommends standardizing these hours to 10 pm for both sales and consumption in city parks. ANALYSIS A copy of the previous memorandum is attached, as well as an annotated redlined version of the proposed ordinance changes. FISCAL IMPACT The proposed ordinance changes require some additional review prior to the issuance of beer garden permits and the ordinance makes provision for an appropriate fee for those reviews should the Council so determine. No fees are proposed directly in connection with this ordinance but rather any fees would be proposed and included in the city fee schedule which will be reviewed at a future date. RECOMMENDATION It is recommended that the Council approve the proposed amendments to the regulations pertaining to beer gardens within the City of Oshkosh. Respectfully Submitted, Approved: Lynn Lorenson, City Attorney Mark A. Rohloff, City Manager SECTION 4-5.2 EXTENSION OF PREMISES APPLICATIONS (A) Extension of Regular License. A licensee may apply for an extension of the licensed premises by submitting a request to the city clerk upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council. The licensee shall provide a description of the proposed licensed premises including the proposed extension and any other information required by the City Clerk. The Council shall determine whether to grant a request for an extension of premises under the same standards as a new license application. (B) Temporary Extensions. A licensee may apply for a temporary extension of the licensed premises by submitting a request to the City Clerk upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council. The licensee shall provide a description of the temporary premises, proposed dates for extension of the premises and any other information required by the City Clerk. The proposed dates may list a range of dates but shall not exceed 6 months in duration. The Council shall determine whether to grant a request for a temporary extension of premises under the same standards as a new license application. Upon expiration of the temporary extension, the extension shall cease with no other action required of the licensee, Clerk or Council. Approval of a temporary extension does not create a right to future approval of a temporary extension or a future approval of an extension of the regular alcohol beverage license to include the area included in the temporary approval. SECTION 4-24 BEER GARDENS (A) Required. No person shall possess, sell or offer for sale any alcohol beverages in any parking lot or any other open area on the same parcel as a licensed premises, not constructed, approved and properly licensed as a code compliant Commercial Outdoor Entertainment Space under Chapter 30 of this Municipal Code, except as permitted below: (1) The area must be included within an appropriate alcohol beverage license; and (2) The area must be approved for use as a beer garden under paragraph (B), (C) or (D) below; and a. a temporary beer garden is established in an area enclosed with at least one 3 ½’ tall fence, which may be combined with walls, permanent fences or other temporary or permanent structures, landscaping or other elements as may be approved by the Department of Community Development and Police Department; or b. a waiver of the fencing requirements is approved by the Council. The request shall be submitted upon a form provided by the City Clerk and shall be filed at the time of license application. The request shall specify what safeguards the licensee will take to prevent abuse in the dispersion and consumption of alcohol beverages. The Council may grant or deny, in whole or in part, or may grant subject to condition s the waiver requested. (B) Administrative Approval of Beer Garden Upon application for a Beer Garden Permit upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council, the City Clerk may issue a Beer Garden Permit without further approval by Council if all of the following criteria are met: (1) Less than 75 people are reasonably anticipated to congregate within the proposed beer garden at any point in time. (2) There will be no temporary structures installed, including but not limited to tents, staging, or temporary lighting. Portalets shall be permitted. (3) There will be no amplified sound/music in connection with the proposed beer garden. (4) The proposed beer garden will cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. (5) The proposed beer garden does not restrict parking areas/spaces that are required under Chapter 30 of this Municipal Code. (6) The Department of Community Development and Police Department shall review and approve the proposed site layout and design to minimize adverse effects upon neighboring properties and/or disruption to traffic or pedestrian flow. (7) The Department of Community Development and Police Department shall review and determine that the proposed beer garden will not conflict with other previously approved events occurring in the same area or on the same date as the proposed beer garden to minimize adverse effects on neighborhoods and/or will not create risk in relation to limited city resources to monitor and respond to multiple planned events. (8) The licensee shall not have a record of violations of city ordinances or state statutes pertaining to noise violations or offenses substantially related to alcohol beverage laws or license requirements. (C) Approval of Beer Garden with Approved Temporary Use Permit Upon application for a Beer Garden Permit upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council, City Clerk may issue a Beer Garden Permit without further approval by Council if all of the following criteria are met: (1) The Department of Community Development has issued a Temporary Use Permit for an Outdoor Assembly in compliance with Chapter 30 of this Municipal Code. (2) No more than 250 people are reasonably anticipated to congregate within the proposed beer garden at any point in time. (3) Temporary structures, including but not limited to tents, staging, or temporary lighting, may be installed in compliance with the requirements specified in the Temporary Use Permit. (4) The proposed beer garden will cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. (5) The Department of Community Development and Police Department shall review and approve the proposed site layout and design to minimize adverse effects upon neighboring properties, including but not limited to potential adverse impacts from placement of stages, sound, lighting or other equipment, and/or disruption to traffic or pedestrian flow. (6) The Department of Community Development and Police Department shall review and determine that the proposed beer garden will not conflict with other previously approved events occurring in the same area or on the same date as the proposed beer garden to minimize adverse effects on neighborhoods and/or will not create risk in relation to limited city resources to monitor and respond to multiple planned events. (7) The licensee shall not have a record of violations of city ordinances or state statutes pertaining to noise violations or offenses substantially related to alcohol beverage laws or license requirements. (D) Beer Gardens Approved as part of a Special Event or with Issuance of a Special Class “B” Alcohol Beverage License The City Clerk may issue a Beer Garden Permit in compliance with an approved Special Event to a current license holder if the Council has approved a Special Event including a Beer Garden within the described licensed premises. The City Clerk may issue a Beer Garden Permit if the Council has approved a Special Class “B” alcohol beverage license and the Beer Garden has been approved through the administrative process outlined in subsection (B) above, the Temporary Use permit process as outlined in subsection (C) above or the Council has approved a Special Event Permit under Chapter 5 of this Municipal Code. (E) Regulations for Events within Parks. (1) The sponsoring organization for any event within a public park may prohibit beverage carry-ins of any type, limiting consumption to those beverages sold within the confines of the beer garden or part of the park as specified in the application. The sponsoring organization shall place signs at all entrances to the beer garden or part of the park specified and at such other locations as specified by the Oshkosh Police Department as necessary to give persons reasonable notice of this prohibition. Such signs shall be a minimum of 8 1/2" by 11", bright yellow in color, and shall specify “No Carry-in Beverages Allowed within this Area pursuant to section 4 -24(B)(2) of the Oshkosh Municipal Code” in letters at least 1/2" high. No person shall bring into or possess within the area designated for no-carry-ins any carry-in beverages. (2) The decision as to specific location, fencing, size and number of beer gardens shall be made by and at the discretion of the Parks Director in consultation with other appropriate city departments, except that the fence which defines any beer garden area shall be located no closer than five (5) feet away from any public right-of-way. (3) The cost of procuring, installing, maintaining, and disassembling any of the beer garden fence, park perimeter fence or similar demarcation device shall be borne by the licensee or his designated agent. Restitution or remuneration or damage to city property shall be at the sole expense of the applicant. (4) Sale of beer in any park shall be prohibited after 10:00 p.m. except in those instances wherein the Council, by resolution, grants an extension of hours. (5) Licenses issued for property owned and operated by Winnebago County shall be governed by the requirements set forth by Winnebago County in relation to set up and fencing required. (F) Variances / Appeals / Approval by Council Council may approve variances from the specific provisions of this ordinance as part of a Special Event Permit issued under Chapter 5 of this Municipal Code or by resolution upon request from any applicant for a waiver of the applicable hours for noise, operating hours, temporary fencing, or other criteria included within any of the subsection of this ordinance or as required by staff for an administrative approval. Requests for waivers shall be submitted in writing to the office of the City Clerk, and shall include the specific dates and times requested as well as the reason for the request. If the waiver is related to sound, the request shall include the nature of the sound (music, speech, type of amplification proposed) as well as specify whether the request includes a waiver from the noise limitations contained in Chapter 17 of this Municipal Code. SECTION 4-25 HOURS OF CONSUMPTION (A) No consumption of any alcoholic beverages, including fermented malt beverages, shall be allowed in any city park after 10:00 p.m., except in the following designated areas where softball league play has been sanctioned, or a Special Class "B" license exemption for such activity has been issued: (1) Esther Reetz Softball complex in Menominee Park, located north of the parks maintenance (block) building, east of the recreation trail, south of Siewert Trail, and west of Reetz Softball Complex/boat launch parking lot. (2) Spanbauer Memorial Field located at 9th Avenue and Sawyer; (3) “Carry-in” of alcoholic beverages is strictly prohibited within the above designated areas/boundaries during official operation times of Class “B” licensed operators. Section 30-87: Temporary Uses (G) Temporary Outdoor Assembly: Includes any organized outdoor assembly of 75 to 250 persons such as outdoor weddings, wedding receptions, tent meetings, outdoor bands, live or amplified music and/or commercial beer gardens. Refer to the Special Events ordinance under Section 5-18 of the City of Oshkosh Municipal Code to determine whether an event is considered a Special Event and subject to the requirements of that ordinance. Regulations: a. Temporary Outdoor Assembly uses that exceed 3 days per calendar year shall require a conditional use permit. b. Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. c. If subject property is located adjacent to a residentially zoned property, activities shall cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. SECTION 4-5.2 EXTENSION OF PREMISES APPLICATIONS (A) Extension of Regular License. A licensee may apply for an extension of the licensed premises by submitting a request to the city clerk upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council. The licensee shall provide a description of the proposed licensed premises including the proposed extension and any other information required by the City Clerk. The Council shall determine whether to grant a request for an extension of premises under the same standards as a new license application. (B) Temporary Extensions. A licensee may apply for a temporary extension of the licensed premises by submitting a request to the City Clerk upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council. The licensee shall provide a description of the temporary premises, proposed dates for extension of the premises and any other information required by the City Clerk. The proposed dates may list a range of dates but shall not exceed 6 months in duration. The Council shall determine whether to grant a request for a temporary extension of premises under the same standards as a new license application. Upon expiration of the temporary extension, the extension shall cease with no other action required of the licen see, Clerk or Council. Approval of a temporary extension does not create a right to future approval of a temporary extension or a future approval of an extension of the regular alcohol beverage license to include the area included in the temporary approval. SECTION 4-24 BEER GARDENS (A) Required. No person shall possess, sell or offer for sale any alcohol beverages in any parking lot or any other open area on the same parcel as a licensed premises, not constructed, approved and properly licensed as a code compliant Commercial Outdoor Entertainment Space under Chapter 30 of this Municipal Code, for any special event unless except as permitted below: (1) The area must be included within an appropriate alcohol beverage license; and (2) The area must be approved for use as a beer garden under paragraph (B), (C) Commented [LL1]: Current ordinances do not specifically set out a procedure for the extension of licensed premises. Included are provisions for the extension of a regular license and temporary extension for beer gardens or patios as some licensees may not wish to extend their license to the entire parcel when not needed. The same general standards for the initial granting of a license will apply to the granting of extensions. All license extensions must go to Council for approval. Commented [LL2]: Clarification language added – 4 ways to have a beer garden: 1)Code compliant outdoor entertainment space 2)Temporary beer gardens approved through administrative approval 3)Temporary beer garden approved through a temporary use permit for outdoor assembly 4)Temporary beer garden with a Special Class “B” license with appropriate land use approval Commented [LL3]: All places serving alcohol must be included within an appropriate alcohol beverage license or (D) below; and a. a temporary beer garden is established in an area enclosed with at least one 3 ½’ tall fence, which may be combined with walls, permanent fences or other temporary or permanent structures, landscaping or other elements as may be approved by the Department of Community Development and Police Department; or b. a waiver of the fencing requirements is approved by the Council. The request shall be submitted upon a form provided by the City Clerk and shall be filed at the time of license application. The request shall specify what safeguards the licensee will take to prevent abuse in the dispersion and consumption of alcohol beverages. The Council may grant or deny, in whole or in part, or may grant subject to conditions the waiver requested. a temporary beergarden is established in accordance with the following provisions. A special event for purposes of this ordinance shall be defined as an event for which a special class "B" license is obtained or an event not within the ordinary course of a licensee's business including, but not limited to, promotions days, celebrations and festivals open to the general public and other similar events. (B) Administrative Approval of Beer Garden Upon application for a Beer Garden Permit upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council, the City Clerk may issue a Beer Garden Permit without further approval by Council if all of the following criteria are met: (1) Less than 75 people are reasonably anticipated to congregate within the proposed beer garden at any point in time. (2) There will be no temporary structures installed, including but not limited to tents, staging, or temporary lighting. Portalets shall be permitted. (3) There will be no amplified sound/music in connection with the proposed beer garden. (4) The proposed beer garden will cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. (5) The proposed beer garden does not restrict parking areas/spaces that are required under Chapter 30 of this Municipal Code. (6) The Department of Community Development and Police Department shall review and approve the proposed site layout and design to minimize adverse effects upon neighboring properties and/or disruption to traffic or pedestrian flow. Commented [LL4]: Fencing requirements are proposed to be relaxed in terms of height/number and may be combined with landscaping or other site features to create a beer garden area Commented [LL5]: Waivers of fencing requirements will continue to require council approval Commented [LL6]: Administrative Approval Process for smaller, less potentially disturbing or disruptive uses. (7) The Department of Community Development and Police Department shall review and determine that the proposed beer garden will not conflict with other previously approved events occurring in the same area or on the same date as the proposed beer garden to minimize adverse effects on neighborhoods and/or will not create risk in relation to limited city resources to monitor and respond to multiple planned events. (8) The licensee shall not have a record of violations of city ordinances or state statutes pertaining to noise violations or offenses substantially related to alcohol beverage laws or license requirements. (C) Approval of Beer Garden with Approved Temporary Use Permit Upon application for a Beer Garden Permit upon a form approved by the City Clerk and payment of the appropriate fee as specified in the city’s fee schedule as approved by the Council, City Clerk may issue a Beer Garden Permit without further approval by Council if all of the following criteria are met: (1) The Department of Community Development has issued a Temporary Use Permit for an Outdoor Assembly in compliance with Chapter 30 of this Municipal Code. (2) No more than 250 people are reasonably anticipated to congregate within the proposed beer garden at any point in time. (3) Temporary structures, including but not limited to tents, staging, or temporary lighting, may be installed in compliance with the requirements specified in the Temporary Use Permit. (4) The proposed beer garden will cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. (5) The Department of Community Development and Police Department shall review and approve the proposed site layout and design to minimize adverse effects upon neighboring properties, including but not limited to potential adverse impacts from placement of stages, sound, lighting or other equipment, and/or disruption to traffic or pedestrian flow. (6) The Department of Community Development and Police Department shall review and determine that the proposed beer garden will not conflict with other previously approved events occurring in the same area or on the same date as the proposed beer garden to minimize adverse effects on neighborhoods and/or will not create risk in relation to limited city resources to monitor and respond to multiple planned events. Commented [LL7]: Temporary use permit approvals for medium sized events, limited to 3 per year (7) The licensee shall not have a record of violations of city ordinances or state statutes pertaining to noise violations or offenses substantially related to alcohol beverage laws or license requirements. (D) Beer Gardens Approved as part of a Special Event or with Issuance of a Special Class “B” Alcohol Beverage License The City Clerk may issue a Beer Garden Permit in compliance with an approved Special Event to a current license holder if the Council has approved a Special Event including a Beer Garden within the described licensed premises. The City Clerk may issue a Beer Garden Permit if the Council has approved a Special Class “B” alcohol beverage license and the Beer Garden has been approved through the administrative process outlined in subsection (B) above, the Temporary Use permit process as outlined in subsection (C) above or the Council has approved a Special Event Permit under Chapter 5 of this Municipal Code. Amplified sound or music shall not be permitted after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. Friday and Saturday evenings. This section shall not be construed to limit the authority of the police department to respond to complaints and to take any appropriate action in response thereto. (B) Special Class "B" Licenses within Parks All special class "B" licenses issued for use in any City of Oshkosh municipal park shall require the applicant to comply with the following provisions: (1) When required by subsection (A) above, the applicant shall either: (a) erect a fenced beergarden defined as an enclosed area with specially marked entrances and exits and consisting of a fence or wall not less than five (5) feet in height or with two (2) temporary fences not less than three and one-half (3 1/2) feet in height and spaced six feet apart. No fence which defines a temporary beergarden area shall be located closer than five (5) feet away from the adjacent public right-of-way. Consumption of alcohol beverages shall be restricted to that area within the confines of the beergarden; or (b) obtain a specific waiver of the fencing requirements contained within Commented [LL8]: This section specifies provisions applicable to Special Events or upon issuance of a temporary class “B” license for beer garden not requiring issuance of a Special Event Permit Commented [LL9]: This section is moved Commented [LL10]: Fencing requirements were modified and moved, other park requirements consolidated below. paragraph (a) above from the City Council. The request shall be submitted upon a form provided by the City Clerk and shall be filed at the time of license application. The request shall specify what safeguards the licensee will take to prevent abuse in the dispersion and consumption of alcohol beverages. The Council may grant or deny, in whole or in part, or may grant subject to conditions the waiver requested. (E) Regulations for Events within Parks (2)(1) The sponsoring organization for any event within a public park may prohibit beverage carry-ins of any type, limiting consumption to those beverages sold within the confines of the beer garden or part of the park as specified in the application. The sponsoring organization shall place signs at all entrances to the beer garden or part of the park specified and at such other locations as specified by the Oshkosh Police Department as necessary to give persons reasonable notice of this prohibition. Such signs shall be a minimum of 8 1/2" by 11", bright yellow in color, and shall specify “No Carry-in Beverages Allowed within this Area pursuant to section 4-24(B)(2) of the Oshkosh Municipal Code” in letters at least 1/2" high. No person shall bring into or possess within the area designated for no-carry-ins any carry-in beverages. (3)(2) The decision as to specific location, fencing, size and number of beer gardens shall be made by and at the discretion of the City administrationParks Director in consultation with other appropriate city departments, except that the fence which defines any beer garden area shall be located no closer than five (5) feet away from any public right-of-way. (Repealed 5/25/99) (4)(3) The cost of procuring, installing, maintaining, and disassembling any of the beer garden fence, park perimeter fence or similar demarcation device shall be borne by the licensee or his designated agent. Restitution or remuneration or damage to City city property shall be at the sole expense of the applicant. (4) Sale of beer in any park shall be prohibited after 910:00 p.m. except in those instances wherein the City Council, by resolution, grants an extension of hours. (5) Licenses issued for property owned and operated by Winnebago County Commented [LL11]: Minor language changes for clarification Commented [LL12]: Clarification, including specific identification of decision maker Commented [LL13]: Changed to 10 pm for consistency Commented [LL14]: Consistent use of terminology shall be governed by the requirements set forth by Winnebago County in relation to set up and fencing required. (F) Variances / Appeals / Approval by Council Council may approve variances from the specific provisions of this ordinance as part of a Special Event Permit issued under Chapter 5 of this Municipal Code or by resolution upon request from any applicant for a waiver of the applicable hours for noise, operating hours, temporary fencing, or other criteria included within any of the subsection of this ordinance or as required by staff for an administrative approval. Requests for waivers shall be submitted in writing to the office of the City Clerk, and shall include the specific dates and times requested as well as the reason for the request. If the waiver is related to sound, the request shall include the nature of the sound (music, speech, type of amplification proposed) as well as specify whether the request includes a waiver from the noise limitations contained in Chapter 17 of this Municipal Code. (F) Other Special Class "B" Licenses. All special class "B" licenses not issued for use in any City of Oshkosh municipal park shall require the applicant to comply with the following provisions: (1) When required by subsection (A) above, the applicant shall either: (5) Erect a fenced beer garden defined as an enclosed area with specially marked entrances and exits and consisting of a fence or wall not less than five (5) feet in height or with two (2) temporary fences not less than three and one-half (3 1/2) feet in height and spaced six feet apart. No fence which defines a temporary beer garden area shall be located closer than five (5) feet away from the adjacent public right- of-way. Consumption of alcohol beverages shall be restricted to that area within the confines of the beer garden; or (6) Obtain a specific waiver of the fencing requirements contained within paragraph (a) above from the City Council. The request shall be submitted upon a form provided by the City Clerk and shall be filed at the time of license application. The request shall specify what safeguards the licensee will take to prevent abuse in the dispersion and consumption of alcohol beverages. The Council may grant or deny, in whole or in part, or may grant subject to conditions the waiver requested. (7) (8)(1) Licenses issued for property owned and operated by Winnebago County shall be Commented [LL15]: Language moved to parks section and clarified, Winnebago County requirements for set up and fencing will be applied, license and noise remain regulated by city ordinance. Commented [LL16]: Appeal section added for anyone denied staff level approval provided above. Commented [LL17]: Fencing requirements modified and moved governed by the requirements set forth by Winnebago County. (2) Amplified sound or music shall not be permitted after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. Friday and Saturday evenings. This section shall not be construed to limit the authority of the police department to respond to complaints and to take any appropriate action in response thereto. (G) All Other Licensees. (1) When required by subsection (A) above, the applicant shall either: (a) Erect a fenced beer garden defined as an enclosed area with specially marked entrances and exits and consisting of a fence or wall not less than five (5) feet in height or with two (2) temporary fences not less than three and one-half (3 1/2) feet in height and spaced six feet apart. No fence which defines a temporary beer garden area shall be located closer than five (5) feet away from the adjacent public right-of-way. Consumption of alcohol beverages shall be restricted to that area within the confines of the beer garden; or (b) Obtain a specific waiver of the fencing requirements contained within paragraph (a) above from the City Council. The request shall be submitted upon a form provided by the City Clerk and shall be filed at the time of license application. The request shall specify what safeguards the licensee will take to prevent abuse in the dispersion and consumption of alcohol beverages. The Council may grant or deny, in whole or in part, or may grant subject to conditions the waiver requested. (2)(1) Amplified sound or music shall not be permitted after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. Friday and Saturday evenings. This section shall not be construed to limit the authority of the police department to respond to complaints and to take any appropriate action in response thereto. SECTION 4-25 HOURS OF CONSUMPTION (A) No consumption of any alcoholic beverages, including fermented malt beverages, shall be allowed in any City city park after 10:00 p.m., except in the following Commented [LL18]: This section moved to consolidate with parks provisions Commented [LL19]: Sound regulations consolidated in chapter 17 with noise regulations by previous amendment Commented [LL20]: Fencing requirements modified and moved Commented [LL21]: Sound regulations consolidated in chapter 17 with noise regulations by previous amendment designated areas where softball league play has been sanctioned, or a Special Class "B" license exemption for such activity has been issued: (1) Esther Reetz Softball complex in Menominee Park, located north of the parks maintenance (block) building, east of the recreation trail, south of Siewert Trail, and west of Reetz Softball Complex/boat launch parking lot. (2) Spanbauer Memorial Field located at 9th Avenue and Sawyer; (3) “Carry-in” of alcoholic beverages is strictly prohibited within the above designated areas/boundaries during official operation times of Class “B” licensed operators. SECTION 30-709 TEMPORARY USE PERMITS (A) Standards (1) No temporary use of a structure or site shall be commenced without a temporary use permit first being applied for and issued by the Zoning Administrator. (2) All temporary uses of a structure/property shall comply with all underlying district standards of the zoning district, excluding off-street parking regulations in which the temporary use is located. (3) All temporary uses shall not exceed ninety (90) days within a calendar year with said temporary use being discontinued immediately upon expiration of the temporary use permit, except for temporary green houses which may be permitted for one hundred twenty (120) days within a calendar year. (4) Temporary uses include, but are not limited to: temporary signs, tents greater than two hundred (200) square feet in area, outside sales activities, fireworks stands, Christmas tree sales and other uses/structures which are of a temporary nature (excluding rummage sales) and which are allowed by the underlying zoning district uses/standards where the temporary use is located. Signs for the temporary use are considered a part of the use and shall be covered by the same permit. Commented [LL22]: Corrected spelling Commented [LL23]: No changes proposed to this section , included for reference purposes only Temporary use permits would not be required for the placement of products on the exterior of buildings or structures, when such placement is in conjunction with the principal use of the premises. Temporary use permits would be required, however, for independent vendors who for a short period of time place products on the premises for outdoor sales unrelated to the principal use of the premises. (5) All required minimum dimensional standards of the underlying zoning district apply to the placement of any temporary structure/use. (6) All temporary use permit applications must be accompanied by information as required by Section 30-709. Section 30-87: Temporary Uses All of the following temporary uses shall comply with Section 30-383, standards and procedures applicable to all temporary uses, except as otherwise exempted in this Chapter. Unless stated otherwise below, temporary uses are limited to 90 days per calendar year. Certain temporary uses may be extended in duration through the conditional use process. (G) Temporary Outdoor Assembly: Includes any organized outdoor assembly of 75 to 250 persons such as outdoor weddings, wedding receptions, or tent meetings, outdoor bands, live or amplified music and/or commercial beer gardens. Refer to the Special Events ordinance under Section 5-18 of the City of Oshkosh Municipal Code to determine whether an event is considered a Special Event and subject to the requirements of that ordinance. Temporary Outdoor Assembly uses do not require a Special Event permit if they are wholly contained on public or private property specifically designed or suited for said use, have an appropriate physical area for fire protection purposes as well as appropriate sanitation facilities and street and/or highway access, and result in no greater use of public facilities and services than on normal, non-event days. Regulations: a. Temporary Outdoor Assembly uses that exceed 3 days per calendar year shall require a conditional use permit. b. Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. If subject property is located adjacent to a residentially zoned property, activities shall be limited to daylight hours. cease operation no later than 10 pm Commented [LL24]: Clarification to note specifically that this section applies to beer gardens and outdoor entertainment Commented [LL25]: This repeats the Special Events ordinance and is not necessary language here Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. Commented [LL26]: Clarification on hours to put in specific time limits consistent with other ordinances rather than rely on “daylight hours ITEM: TEXT AMENDMENTS TO THE ZONING ORDINANCE RELATED TO TEMPORARY USE PERMITS Plan Commission meeting of February 7, 2023. GENERAL INFORMATION Applicant: Department of Community Development Actions Requested: The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff has noticed code sections that should be modified following further examination and discussion with the public, City staff, and developers. Planning staff has been in discussion with other City departments regarding beer garden regulations. In an effort to improve beer garden regulations, revisions are being proposed to the municipal code and zoning ordinance. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code section: Section 30-87 (G) regarding Temporary Outdoor Assembly Amend land use description to specify that outdoor bands, live/amplified music, and beer gardens for 75-200 people are considered Temporary Outdoor Assembly and remove language about Special Event permits not being required. Amend Subsection (3) to provide required ending time when located adjacent to residential property. These amendments will coincide with proposed municipal code revisions and are intended to provide clarity on regulations and approvals needed for outdoor gatherings. Item VII - Text Amendments-Zoning Ordinance 2 RECOMMENDATION Staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance. (G) Temporary Outdoor Assembly: Includes any organized outdoor assembly of 75 to 250 persons such as outdoor weddings, wedding receptions, or tent meetings, outdoor bands, live or amplified music and/or commercial beer gardens. Refer to the Special Events ordinance under Section 5-18 of the City of Oshkosh Municipal Code to determine whether an event is considered a Special Event and subject to the requirements of that ordinance. Temporary Outdoor Assembly uses do not require a Special Event permit if they are wholly contained on public or private property specifically designed or suited for said use, have an appropriate physical area for fire protection purposes as well as appropriate sanitation facilities and street and/or highway access, and result in no greater use of public facilities and services than on normal, non-event days. Regulations: (1) Temporary Outdoor Assembly uses that exceed 3 days per calendar year shall require a conditional use permit. (2) Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. (3) If subject property is located adjacent to a residentially zoned property, activities shall be limited to daylight hours cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. The Plan Commission recommended approval of the amendments to the zoning ordinance on February 7, 2023. The following is their discussion on the item. Staff report accepted as part of the record. The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Slusarek presented the item. The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff has noticed code sections that should be modified following further examination and discussion with the public, City staff, and developers. Planning staff has been in discussion with other City departments regarding beer garden regulations. In an effort to improve beer garden regulations, revisions are being proposed to the municipal code and zoning ordinance. Section 30-87 (G) regarding Temporary Outdoor Assembly Amend land use description to specify that outdoor bands, live/amplified music, and beer gardens for 75-200 people are considered Temporary Outdoor Assembly and remove language about Special Event permits not being required. Amend Subsection (3) to provide required ending time when located adjacent to residential property. Item VII - Text Amendments-Zoning Ordinance 3 These amendments will coincide with proposed municipal code revisions and are intended to provide clarity on regulations and approvals needed for outdoor gatherings. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if there is an event for 200 people and they want to go later than 11pm, is there an avenue for requesting that. Mr. Lyons said that if council can grant approval. The reason for this update is to match the noise ordinance. Previously the code said the event would end at daylight hours, but those are different times in January versus July. Mr. Perry asked if this is meant for much for permanent situations but temporary situations would still go through the same considerations but just be one time things. Mr. Lyons said that no, this is for temporary but the varying degrees of temporary. Some locations have permanent outdoor spaces for events. The TUPS for beer gardens and special events are intended for the events that are taking place and the method of approval is based on the intensity of the event. 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Mitchell. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0. (G) Temporary Outdoor Assembly: Includes any organized outdoor assembly of 75 to 250 persons such as outdoor weddings, wedding receptions, or tent meetings, outdoor bands, live or amplified music and/or commercial beer gardens. Refer to the Special Events ordinance under Section 5-18 of the City of Oshkosh Municipal Code to determine whether an event is considered a Special Event and subject to the requirements of that ordinance. Temporary Outdoor Assembly uses do not require a Special Event permit if they are wholly contained on public or private property specifically designed or suited for said use, have an appropriate physical area for fire protection purposes as well as appropriate sanitation facilities and street and/or highway access, and result in no greater use of public facilities and services than on normal, non-event days. Regulations: (1) Temporary Outdoor Assembly uses that exceed 3 days per calendar year shall require a conditional use permit. (2) Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. (3) If subject property is located adjacent to a residentially zoned property, activities shall be limited to daylight hours cease operation no later than 10 pm Sunday through Thursday evenings or 11 pm on Friday and Saturday evenings. FEBRUARY 14, 2023 23-67 ORDINANCE FIRST READING (CARRIED 7 - 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE REVISIONS TO ORD 22-474 THE INTERMEDIATE ATTACHMENT OF PROPERTIES FROM TOWN OF ALGOMA PER APPROVED COOPERATIVE PLAN EFFECTIVE MARCH 1, 2023; ZONE C GENERALLY LOCATED EAST OF CLAIRVILLE ROAD, SOUTH OF WITZEL AVENUE, AND NORTH OF STATE ROAD 91 INITIATED BY: COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, in January 2004, the City of Oshkosh and the Town of Algoma adopted a Cooperative Plan as set forth in Section 66.0307, Wis. Stats., and said Plan was approved by the Wisconsin Department of Administration; and WHEREAS, said Plan calls for the attachment of various properties identified as Zone C in the approved Cooperative Plan, and per the attached map and excerpt from said Cooperative Plan, effective March 1, 2023. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. The following described territories are hereby attached to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the following wards of said City and subject to Wisconsin Statutes and the amendments thereto: (see attached “Exhibit A” for legal descriptions) FEBRUARY 14, 2023 23-67 ORDINANCE FIRST READING CONT’D Attachment Area #1: 6th and 13th Ward Attachment Area #2: 6th Ward Attachment Area #3: 6th Ward Attachment Area #4: 13th Ward Attachment Area #5: 13th Ward Attachment Area #6: 13th Ward Attachment Area #7: 13th Ward Attachment Area #8: 13th Ward Attachment Area #9: 13th Ward SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, and Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes. SECTION 3. The proper City officials are hereby authorized and directed to comply with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State. SECTION 4. Said properties are hereby zoned as follows, per the attached “Exhibit B” zoning map: Attachment Area #1: Single Family Residential-5, Rural Holdings and Neighborhood Mixed Use Attachment Area #2: Single Family Residential-5 Attachment Area #3: Single Family Residential-3 Attachment Area #4: Single Family Residential-5 Attachment Area #5: Single Family Residential-5 Attachment Area #6: Single Family Residential-5 Attachment Area #7: Single Family Residential-5 and Suburban Mixed Use Attachment Area #8: Single Family Residential-3 Attachment Area #9: Heavy Industrial SECTION 5. This Ordinance shall be in full force and effect after its passage and publication on February 14, 2023. FEBRUARY 14, 2023 23-67 ORDINANCE FIRST READING CONT’D SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-67 APPROVE REVISIONS TO ORD 22-474 THE INTERMEDIATE ATTACHMENT OF PROPERTIES FROM TOWN OF ALGOMA PER APPROVED COOPERATIVE PLAN EFFECTIVE MARCH 1, 2023; ZONE C GENERALLY LOCATED EAST OF CLAIRVILLE ROAD, SOUTH OF WITZEL AVENUE, AND NORTH OF STATE ROAD 91 on February 14, 2023. This Ordinance attaches properties from the Town of Algoma to the City of Oshkosh. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011 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: February 9, 2023 RE: Approve Revisions to Ord 22-474 Intermediate Attachment of Properties from Town of Algoma Effective March 1, 2023 Per Approved Cooperative Plan; Zone C Generally Located east of Clairville Road, south of Witzel Avenue and north of State Road 91 BACKGROUND In 2004 the State of Wisconsin approved a Cooperative Plan (boundary agreement) between the City of Oshkosh and Town of Algoma. The Plan identifies four areas of the Town that will be “attached” to the City in phases commencing in 2013 with the first phase, Zone A attachments, and ending in 2043 with the Zone D Attachments. The proposed Zone C Attachments are comprised of 82 parcels and adjacent rights-of-way totaling 303.607 acres. On November 9, 2022, the Common Council passed Ordinance 22-474 approving the Zone C Attachments from the Town of Algoma effective March 1, 2023. The Wisconsin Department of Administration’s Municipal Boundary Review Agency reviewed the attachments and discovered a few scrivener’s errors (typos) in the legal description of Zone C Area 1. They have requested the City to correct these errors and resubmit via new ordinance. City and County staff conducted an additional review of the Zone C mapping and made updates to reflect changes in property descriptions that have occurred since last November. This will better reflect the actual descriptions of lands attaching on March 1st, 2023. ANALYSIS Zone C includes 82 parcels of land and rights-of-way totaling 303.607 acres that consists of nine separate legal descriptions per the attached maps. The majority of the property to be attached is agricultural (10 parcels) with approximately 153 acres. The properties are proposed to be attached with the most closely comparable zoning designation in the current zoning ordinance. The table below shows the land use breakdown: City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The Zone C area contains nine separate attachment areas in a large area generally bounded on the north by Witzel Avenue, south by State Road 91, on the east by the present City limits, and on the west by Clairville Road. Most of the single family parcels are already developed with the largest tracts of land suitable for single-family residential development per the City’s Comprehensive Plan 2040 land use recommendation. The emergency service and other city service providers have not expressed any concerns regarding the proposed Zone C attachments. Properties currently being served by private on- site waste disposal systems will be required to convert to City service if and when available. FISCAL IMPACT No unnecessary or unusual services will need to be provided to the newly attached properties beyond those already being provided to the adjacent areas within the City. Some properties will need to connect to city services in the City’s required timeframes. RECOMMENDATION Staff recommends approval of the Intermediate Attachment Ordinance pursuant to the terms of the duly adopted and State approved Cooperative Plan between the City of Oshkosh and Town of Algoma. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager # Parcels # Acres % Area Assessed Land Value Assessed Improvement Total Assessed Value Total Zone C Area 82 303.61 100% 2,956,800$ 9,663,300$ 12,620,100$ Agricultural 10 153.06 50.4% 141,900$ 172,500$ 314,400$ Industrial 5 56.17 18.5% 657,300$ 3,344,500$ 4,001,800$ Right-of-Way* 15 6.13 2.0% -$ -$ -$ Single-Family 39 69.55 22.9% 1,778,700$ 6,139,000$ 7,917,700$ Vacant/Undeveloped 13 18.70 6.2% 378,900$ 7,300$ 386,200$ Totals: 82 303.61 100.0% 2,956,800$ 9,663,300$ 12,620,100$ *Some sections of Right-of-Way are not tax parcels Town of Algoma Zone C Attachment Land Use and Assessed Value Breakdown EXHIBIT “A”, ZONE C ATTACHMENT AREA DESCRIPTIONS TOWN OF ALGOMA ZONE C ATTACHMENT AREA #1 BEING ALL OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NUMBER 7363, RECORDED AS DOCUMENT NUMBER 1767767, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6641, RECORDED AS DOCUMENT NUMBER 1607488, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 2 & 3 AND OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 6352, RECORDED AS DOCUMENT NUMBER 1499674, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 5132, RECORDED AS DOCUMENT NUMBER 1207587, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 & 2 OF CERTIFIED SURVEY MAP NUMBER 5059, RECORDED AS DOCUMENT NUMBER 1191464, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 & 2 OF CERTIFIED SURVEY MAP NUMBER 3953, RECORDED AS DOCUMENT NUMBER 1003897, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOT 1, PART OF LOT 2 AND ALL OF OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 3944, RECORDED AS DOCUMENT NUMBER 1003249, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 & 4 OF CERTIFIED SURVEY MAP NUMBER 3861, RECORDED AS DOCUMENT NUMBER 990476, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 2712, RECORDED AS DOCUMENT NUMBER 832747, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 2045, RECORDED AS DOCUMENT NUMBER 727118, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 1982, RECORDED AS DOCUMENT NUMBER 719870, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1929, RECORDED AS DOCUMENT NUMBER 711345, WINNEBAGO COUNTY REGISTER OF DEEDS, PART OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1739, RECORDED AS DOCUMENT NUMBER 685599, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 7893 540, RECORDED AS DOCUMENT NUMBER 530743, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF TRACT 1 OF CERTIFIED SURVEY MAP NUMBER 492, RECORDED AS DOCUMENT NUMBER 1878029 526936, WINNEBAGO COUNTY REGISTER OF DEEDS, PART OF THE SOUTHWEST SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 20, ALL OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼, PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼, PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼, ALL PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼, PART OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼, PART OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, AND PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32, PARTS OF 9TH STREET ROAD, PARTS OF OD W. 20TH AVENUE, PARTS OF CLAIRVILLE ROAD, PARTS OF LINDEN OAKS DRIVE, ALL OF MEADOWBROOK ROAD AND ALL OF WINDSONG TERRACE, ALL LOCATED IN THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 20, THE WEST ½ OF SECTION 29 AND THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL IN TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N00°31’01”E, 1,327.06 FEET ALONG THE WEST LINE OF SAID SECTION 20 TO THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 20, ALSO BEING THE NORTHWEST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 3861; THENCE S89°00’12”E, 340.84 FEET ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00°31’01”W, 1,367.03 FEET ALONG THE EAST LINE AND EXTENDED EAST LINE OF SAID LOT 1 TO A POINT ON THE SOUTH LINE 9TH STREET ROAD; THENCE S89°00’47”E, 256.64 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EXTENDED WEST LINE OF LOT 4 OF CERTIFIED SURVEY MAP NUMBER 3861; THENCE N00°20’56”E, 305.01 FEET ALONG SAID EXTENDED WEST LINE AND WEST LINE OF SAID LOT 4 TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE S89°00’47”E, 208.97 FEET ALONG THE NORTH LINE AND EXTENDED NORTH LINE OF SAID LOT 4 TO A NORTHWESTERLY CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7363; THENCE N00°30’02”E, 25.01 FEET ALONG A WEST LINE OF SAID LOT 2 TO A NORTHWEST CORNER OF SAID LOT 2; THENCE S89°00’47”E, 528.02 FEET ALONG THE NORTH LINES OF LOTS 2 & 3 OF SAID CERTIFIED SURVEY MAP NUMBER 7363 TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE S00°30’02”W, 330.01 FEET ALONG THE EAST AND EXTENDED EAST LINE OF SAID LOT 3 TO A POINT ON THE SOUTH RIGHT- OF-WAY LINE OF 9TH STREET ROAD; THENCE S89°00’47”E, 9.70 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT; THENCE N01°12’38”E, 7.00 FEET ALONG SAID RIGHT- OF-WAY LINE TO A POINT; THENCE S89°00’47”E, 200.92 FEET ALONG SAID RIGHT-OF- WAY LINE TO A POINT; THENCE S01°12’38”W, 175.71 FEET TO A POINT ON THE EXTENDED SOUTH LINE OF CERTIFIED SURVEY MAP NUMBER 5296, RECORDED AS DOCUMENT NUMBER 1264687, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S89°00’47”E, 208.70 FEET ALONG SAID EXTENDED SOUTH LINE TO THE SOUTHWEST CORNER OF SAID CERTIFIED SURVEY MAP 5296; THENCE S01°03’44”W, 208.00 FEET ALONG THE EXTENDED WEST LINE OF SAID CERTIFIED SURVEY MAP 5296; THENCE S89°00’47”E, 274.59 FEET TO A POINT ON THE EAST LINE OF LINDEN OAKS DRIVE; THENCE S01°03’44”W, 34.62 FEET ALONG SAID EAST LINE TO A POINT; THENCE S88°56’14”E, 175.71 FEET TO A POINT ON A EXTENDED EAST LINE OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 2045; THENCE S01°03’44”W, 429.96 ALONG SAID EXTENDED EAST LINE AND EAST LINE TO A NORTHERLY CORNER OF SAID LOT 1; THENCE S89°13’17”E, 504.07 FEET ALONG THE NORTH LINES OF SAID CERTIFIED SURVEY MAP NUMBERS 2045 & 492 TO THE NORTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 492, ALSO BEING A POINT ON THE EAST LINE OF THE NORTHWEST ¼ OF SECTION 29; THENCE S00°20’45”E, 1,784.60 FEET ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF THE NORTHWEST ¼ OF SECTION 29; THENCE N89°01’04”W, 1,408.89 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST ¼ TO A NORTHWEST CORNER OF THE FOURTH ADDITION TO CASEY’S MEADOW SOUTH, RECORDED AS DOCUMENT NUMBER 1790388, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S00°58’54”W, 120.00 FEET ALONG A WEST LINE OF SAID FOURTH ADDITION; THENCE N89°01’04”W, 152.85 FEET ALONG A NORTH LINE OF SAID FOURTH ADDITION TO A NORTHWEST CORNER OF SAID FOURTH ADDITION; THENCE S00°58’54”W, 1,424.10 FEET ALONG SAID WEST LINE AND EXTENDED WEST LINE TO THE NORTHEAST CORNER OF OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 3944; THENCE S34°07’39”E, 44.63 FEET ALONG A NORTHEASTERLY LINE OF SAID OUTLOT 1 TO THE CENTERLINE OF SAWYER CREEK; THENCE S50°51’56”W, 904.42 FEET ALONG SAID CENTERLINE; THENCE S45°25’01”W, 80.19 FEET ALONG SAID CENTERLINE TO THE NORTHERNMOST CORNER OF CERTIFIED SURVEY MAP NUMBER 1739; THENCE S00°17’33”W, 435.52 FEET ALONG THE EAST LINE AND EXTENDED EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 1739 TO A POINT ON THE SOUTH LINE OF SAID SECTION 29; THENCE S89°07’34”E, 555.85 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EXTENDED WEST LINE OF SUNRISE ESTATES, RECORDED AS DOCUMENT NUMBER 1718878, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S00°45’00”W, 264.00 FEET ALONG SAID WEST LINE; THENCE S00°44’59”W, 562.65 FEET ALONG SAID WEST LINE; THENCE S00°45’00”W, 507.00 FEET ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SUNRISE ESTATES, ALSO BEING A POINT ON THE SOUTH LINE OF NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32; THENCE N89°18’44”W, 942.88 FEET ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE OF SAID SECTION 32; THENCE N00°31’56”E, 1,336.74 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SECTION 32, POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 29; THENCE N00°07’37”E 2,657.08 ALONG THE WEST LINE OF SAID SECTION 29 TO THE WEST QUARTER CORNER OF SAID SECTION 29; THENCE N00°10’20”E, 1,331.71 FEET ALONG THE WEST LINE OF SAID SECTION 29 TO THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 29; THENCE S89°00’56”E, 1,349.10 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST ¼ OF THE NORTHWEST ¼ TO THE SOUTHEAST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 29, ALSO BEING THE SOUTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 6382; THENCE N00°04’13”W, 1,123.28 FEET ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382; THENCE N89°00’57”W, 258.69 FEET ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382; THENCE N00°05’13”W, 208.43 FEET ALONG AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382; THENCE N89°00’42”W, 289.22 FEET ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382; THENCE S00°59”18”W, 237.49 FEET ALONG A WEST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382; THENCE N89°00’42”W, 392.69 FEET ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382; THENCE S00°59’18”W, 400.06 FEET ALONG A WEST LINE OF SAID CM NUMBER 6382; THENCE N89°00’42”W, 393.46 FEET ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6382 TO A POINT ON THE WEST LINE OF SAID SECTION 29; THENCE N00°10’20”E, 638.49 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 9,534,928 SQUARE FEET OR 218.892 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #2 PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 20 AND PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTH ¼ CORNER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N89°00’47”W, 724.69 FEET ALONG THE SOUTH LINE OF SAID SECTION TO A POINT ON THE EXTENDED EAST LINE OF CERTIFIED SURVEY MAP NUMBER 5296, RECORDED AS DOCUMENT NUMBER 1264687, WINNEBAGO COUNTY REGISTER OF DEEDS AND POINT OF BEGINNING; THENCE S01°02’30”W, 33.00 FEET ALONG SAID EXTENDED EAST LINE TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP 5296; THENCE N89°00’47”W, 208.05 FEET ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 5296 TO THE NORTHWEST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 5296; THENCE N01°12’38”E, 33.00 FEET ALONG THE EXTENDED WEST LINE OF SAID CERTIFIED SURVEY MAP 5296 TO A POINT ON THE SOUTH LINE OF SAID SECTION 20; THENCE N89°00’47”W, 90.14 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EXTENDED EAST LINE OF PICKART ESTATES PHASE I PLAT, RECORDED AS DOCUMENT NUMBER 1773310, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N00°10’51”E, 1,326.90 FEET ALONG THE EXTENDED EAST LINE AND EAST LINE OF SAID PLAT TO A POINT ON THE NORTH LINE OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 20; THENCE S89°00’12”E, 340.94 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF CERTIFIED SURVEY MAP NUMBER 5206, RECORDED AS DOCUMENT NUMBER 1229977, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S00°10’51”W, 1,293.83 FEET ALONG THE WEST LINE OF SAID CERTIFIED SURVEY MAP 5206 TO A POINT ON THE NORTH LINE OF W. 9TH AVENUE; THENCE N89°00’47”W, 42.35 FEET ALONG SAID NORTH LINE TO A POINT; THENCE S01°02’30”W, 33.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 457,795 SQUARE FEET OR 10.510 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #3 PART OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N88°35’23”W, 673.57 FEET ALONG THE SOUTH LINE OF SAID SECTION 20 TO A POINT ON THE EXTENDED EAST LINE OF MEADOW RIDGE PLAT, RECORDED AS DOCUMENT NUMBER 760239, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N00°25’13”E, 1,305.34 FEET ALONG THE EXTENDED EAST LINE AND EAST LINE OF MEADOW RIDGE PLAT TO THE POINT OF BEGINNING; THENCE CONTINUING N00°25’13”E, 25.00 FEET TO THE NORTHEAST CORNER OF SAID PLAT; THENCE S88°41’52”E, 25.00 FEET; THENCE S00°25’13”W, 25.00 FEET; THENCE N88°41’52”W, 25.00 FEET TO THE POINT OF BEGINNING; SAID AREA CONTAINS 625 SQUARE FEET OR 0.014 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #4 BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 6382, RECORDED AS DOCUMENT NUMBER 1512826, WINNEBAGO COUNTY REGISTER OF DEEDS, AND THE ADJACENT EAST ½ OF CLAIRVILLE ROAD, ALL LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S00°10’20”W, 717.62 FEET ALONG THE WEST LINE OF SAID SECTION 29 TO A POINT ON THE EXTENDED NORTH LINE OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 6382 AND THE POINT OF BEGINNING; THENCE S89°00’42”E, 288.88 FEET ALONG THE EXTENDED NORTH LINE AND NORTH LINE OF SAID LOT 2 TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S00°10’20”W, 170.25 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N89°00’42”W, 288.88 FEET ALONG THE SOUTH LINE AND EXTENDED SOUTH LINE OF SAID LOT 2 TO A POINT ON THE WEST LINE OF SAID SECTION 29; THENCE N00°10’20”E, 170.25 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 49,177 SQUARE FEET OR 1.129 ACRES, MORE OR LESS TOWN OF ALGOMA ZONE C ATTACHMENT AREA #5 BEING ALL OF CERTIFIED SURVEY MAP NUMBER 355 RECORDED AS DOCUMENT NUMBER 517813, WINNEBAGO COUNTY REGISTER OF DEEDS, ALSO PART OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, ALSO PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32 AND ½ OF THE ADJACENT RIGHT-OF-WAY OF W. 20TH AVENUE, ALL LOCATED IN THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29 AND THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL LOCATED IN TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S89°07’34”E, 1,107.94 FEET ALONG THE SOUTH LINE OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE N00°06’44”W, 208.10 FEET ALONG AN EXTENDED EAST LINE AND EAST LINE OF CERTIFIED SURVEY MAP NUMBER 6631, RECORDED AS DOCUMENT NUMBER 1489088 TO A SOUTHERN CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6631; THENCE S89°07’42”E, 258.04 FEET ALONG A SOUTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6631 TO A SOUTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6631, ALSO BEING THE NORTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 355, RECORDED AS DOCUMENT NUMBER 517813, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S00°06’44”E, 208.11 FEET ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 355 TO A POINT ON THE SOUTH LINE OF SAID SECTION 29; THENCE S89°07’34”E, 132.00 FEET ALONG SAID SOUTH LINE TO A POINT; THENCE S00°44’24”W, 330.00 FEET TO A POINT; THENCE N89°07’34”W, 132.00 FEET TO A POINT ON THE EAST LINE OF SUNRISE ESTATES PLAT, RECORDED AS DOCUMENT NUMBER 1718878, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N00°44’24”E, 330.00 FEET ALONG SAID EAST LINE TO A POINT ON SAID SOUTH LINE OF SECTION 29; THENCE N89°07’34”W, 258.04 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 97,251 SQUARE FEET OR 2.233 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #6 BEING PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, AND ALSO PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL LOCATED IN TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING FROM NORTH 1/4 CORNER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S00°56’56”W, 482.80 FEET ALONG THE EAST LINE OF THE NORTHWEST ¼ OF SAID SECTION 32 TO A POINT; THENCE N89°07’35”W, 482.93 FEET TO A POINT; THENCE N00°22’15”E, 482.82 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ¼ OF SAID SECTION 32; THENCE N89°07’34”W, 70.20 FEET ALONG SAID NORTH LINE TO A SOUTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 4762 RECORDED AS DOCUMENT NUMBER 1126184, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N00°21’44”W, 279.00 FEET ALONG AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4762 TO A CORNER POINT OF SAID CERTIFIED SURVEY MAP; THENCE S89°07’34”E, 172.00 FEET ALONG A SOUTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4762 TO A CORNER POINT OF SAID CERTIFIED SURVEY MAP; THENCE S00°21’44”E, 279.00 FEET ALONG A WEST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4762 TO A POINT ON SAID NORTH LINE OF THE NORTHWEST ¼ OF SECTION 32; THENCE S89°07’34”E, 386.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 282,311 SQUARE FEET OR 6.481 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #7 BEING PART OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ AND THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM NORTH ¼ CORNER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S89°13’55”E, 893.61 FEET ALONG THE NORTH LINE OF THE NORTHEAST ¼ OF SAID SECTION 32 TO A POINT ON AN EXTENDED EAST LINE OF CERTIFIED SURVEY MAP NUMBER 6303 RECORDED AS DOCUMENT NUMBER 1484793, WINNEBAGO COUNTY REGISTER OF DEEDS AND POINT OF BEGINNING; THENCE CONTINUING S89°13’55”E, 744.64 FEET ALONG SAID NORTH LINE TO A POINT ON THE EXTENDED WEST LINE OF CERTIFIED SURVEY MAP NUMBER 4507 RECORDED AS DOCUMENT NUMBER 1091450, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S00°38’35”W, 1,326.10 FEET ALONG SAID EXTENDED WEST LINE AND WEST LINE TO A CORNER POINT OF SAID CERTIFIED SURVEY MAP NUMBER 4507; THENCE N89°17’37”W, 338.86 FEET ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4507 AND A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6303 TO A CORNER POINT OF SAID CERTIFIED SURVEY MAP NUMBER 6303; THENCE N00°23’13”E, 743.48 FEET ALONG AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6303 TO A NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP; THENCE N89°13’55”W, 400.00 FEET ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6303 TO A CORNER POINT OF SAID CERTIFIED SURVEY MAP; THENCE N00°23’12”E, 583.00 FEET ALONG AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6303 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 686,556 SQUARE FEET OR 15.761 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #8 BEING PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ AND THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING FROM WEST ¼ CORNER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N00°31’57”E, 417.52 FEET ALONG THE WEST LINE OF SAID SECTION 32 TO A POINT; THENCE S89°29’58”E, 208.71 FEET TO A POINT; THENCE S00°31’57”W, 417.42 FEET TO A POINT; THENCE S89°29’58”E, 47.29 FEET TO A POINT; THENCE S00°00’24”E, 377.00 FEET TO A POINT; THENCE N89°29’58”W, 256.00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 32; THENCE N00°00’24”W, 376.90 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 183,628 SQUARE FEET OR 4.216 ACRES, MORE OR LESS. TOWN OF ALGOMA ZONE C ATTACHMENT AREA #9 BEING PART OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ AND THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N00°00’24”W, 18.92 FEET ALONG THE WEST LINE OF SAID SECTION 32; THENCE N59°35’03”E, 78.12 FEET TO A POINT ON THE EXTENDED EAST LINE CLAIRVILLE ROAD; THENCE N00°48’00”W, 1,232.60 FEET ALONG SAID EXTENDED EAST LINE AND EAST LINE TO THE BEGINNING OF A 30.00 FOOT CURVE TO THE RIGHT; THENCE 47.91 FEET ALONG SAID CURVE HAVING A CHORD WHICH BEARS N44°56’47”E AND IS 42.97 FEET IN LENGTH TO A POINT ON THE SOUTH LINE OF TRANSIT DRIVE; THENCE S89°18’26”E, 1,263.88 FEET ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7469, RECORDED AS DOCUMENT NUMBER 1786959, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S00°28’46”W, 884.85 FEET ALONG THE WEST LINE AND EXTENDED WEST LINE OF SAID LOT 2; THENCE S89°10’53”E, 563.15 FEET; THENCE S00°49’20”W, 440.32 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 32; THENCE N89°10’53”W, 1,893.88 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,944,713 SQUARE FEET OR 44.644 ACRES, MORE OR LESS. ! !! ! ! !! !! !! !! !! !!!! !! !! !! !! ! ! ! ! !! !!! !! !! !!+U ! +U !! 31-18-16-SENE 32-18-16-SWNW 31-18-16-NENE 32-18-16-NWNW 29-18-16-SWSW 29-18-16-SESW32-18-16-NENW 30-18-16-SESE 19-18-16-SESE30-18-16-NENE30-18-16-SENE 29-18-16-SWNW 29-18-16-NWNW 30-18-16-NESE 29-18-16-NWSW 32-18-16-NENE 32-18-16-SENE 29-18-16-SENW29-18-16-NESW 29-18-16-SWNE 29-18-16-NENW 29-18-16-NWNE29-18-16-NWSE 29-18-16-SENE 29-18-16-NESE 29-18-16-SWSE32-18-16-NWNE 29-18-16-SESE 29-18-16-NENE 20-18-16-SWSW 20-18-16-SESW 20-18-16-SWSE 20-18-16-SESE 20-18-16-NESE 19-18-16-NESE 20-18-16-NWSW 20-18-16-NESW 20-18-16-NWSE 32-18-16-SENW 32-18-16-SWNE 1 CSM-3953 QUAIL RUN FARM WESTLEIGH FARMS-FIRST ADDITION CSM-6406 CSM-431 5TH ADDN TO WESTLEIGH FARMS SUBD CSM-2045 CSM-4507 CSM-6985 CSM-492 2ND ADDN TO CASEY'S MEADOW SOUTH FOX CHASE-FOURTH ADDITION CSM-2734 CSM-5333 CASEY'S MEADOW SOUTH PHEASANT CREEK FARM CSM-3162 CSM-6986 CSM-3355 CSM-2712 MEADOWS ON SAWYER CREEK-FIRST ADDITION CSM-1803 CSM-6640 1ST ADDN TO QUAIL RUN FARM SUBD CSM-2124 CSM-3519 CSM-3290 CSM-1738 CSM-7074 1ST ADDN TO CASEY'S MEADOW SOUTH CSM-2269 CSM-2936 CSM-355 2ND ADDN TO PHEASANT CREEK FARM CSM-610 MEADOW RIDGE CSM-1833 MEADOWS ON SAWYER CREEK CSM-4391 CSM-4187 CSM-3052 CSM-4846 CSM-6382 CSM-6070 CSM-5132 CSM-2866 FOX CHASE-SIXTH ADDITION CSM-3861 CSM-4762 CSM-3274 CSM-1982 CSM-5296 CSM-6641 CSM-5324 CSM-5880 CSM-5206 WESTLEIGH FARMS-SECOND ADDITION 2ND ADDN TO THE MEADOWS ON SAWYER CREEK 4TH ADDN TO WESTLEIGH FARMS SUBD ROLLING GREEN MEADOWS FOX CHASE-FIFTH ADDITION CSM-540CSM-1739 CSM-1929 WESTLEIGH FARMS-THIRD ADDITION CSM-5059 CSM-3944 1ST ADDN TO PHEASANT CREEK FARM CSM-6352 W 9 T H A V 9T H S T R D Q U A I L C T W 2 0 T H A V W 2 0 T H A V MONTCLAIR PL CLAIRVILLE RD CLAIRVILLE RD CLAIRVILLE RD F OX TAIL LA BR O M F I E L D DR JUDY LEE CT T IMOTHY TR LINDEN OAKS DR BE N N E T T CT HA L L I E HO L L O W C T SAGE CROSSING REBECCA RUNST ME A D O W B R O O K R D P R E S E R V E D R JI M M Y S D R RO B E R T S D R W PH E A S A N T C T MOCKINGBIRDWAY NORMAN CT LI N D E N O A K S L A DA Y B R E A K L A PAULS PL PHEASANT CREEK DR HEIDI HAVEN CT PRES E R V E C T WELLINGTON CT JOHN MOORE DR ROWLAND RD HO M E S T E A D DR QUAIL RUN DR W Y A TT W A Y HA Y W A R D A V H E I D I H A V E N D R C L O E J U D E D R NEWPORTAV JUDY LEE D R WELLINGTON DR WI N D S O N G T E R WILDER N E S S PL WHEATFIELD WAY FOX FIRE D R A R N E S O N AV MORNINGSTAR LA BA I L E Y C T H U N T E R S P L R U S C H FIE L D D R NE I G H B O R L Y R D MA R Y S D R C A S E Y T R FAIRFAX ST CT Y T K K TR A X L E R T R WOODSTOCK ST SA W Y E R C R E E K D R MEADO W P A R K D R L11L1 0 L7 L17 L26 L2 8 L23L2 4 L13 L1 8 L1 2 L41 L15 L1 4 L6L43 L4 L4 0 L31 L1 6 L4 2 L5 L9 L2 L4 4 L4 6 L45 L19 L29 L2 0 L33 L8 L3 0 L32 L47 L 2 7 L3 4 L39 L1L37L35 L3 8 L3 L2 2 L25 L21 L36 BEING ALL OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NUMBER 7363, RECORDED AS DOCUMENT NUMBER 1767767, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6641, RECORDED AS DOCUMENT NUMBER 1607488, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 2 & 3 AND OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 6352, RECORDED AS DOCUMENT NUMBER 1499674, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 5132, RECORDED AS DOCUMENT NUMBER 1207587, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 & 2 OF CERTIFIED SURVEY MAP NUMBER 5059, RECORDED AS DOCUMENT NUMBER 1191464, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 & 2 OF CERTIFIED SURVEY MAP NUMBER 3953, RECORDED AS DOCUMENT NUMBER 1003897, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOT 1, PART OF LOT 2 AND ALL OF OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 3944, RECORDED AS DOCUMENT NUMBER 1003249, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 & 4 OF CERTIFIED SURVEY MAP NUMBER 3861, RECORDED AS DOCUMENT NUMBER 990476, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 2712, RECORDED AS DOCUMENT NUMBER 832747, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 2045, RECORDED AS DOCUMENT NUMBER 727118, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 1982, RECORDED AS DOCUMENT NUMBER 719870, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1929, RECORDED AS DOCUMENT NUMBER 711345, WINNEBAGO COUNTY REGISTER OF DEEDS, PART OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1739, RECORDED AS DOCUMENT NUMBER 685599, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF CERTIFIED SURVEY MAP NUMBER 7893 540, RECORDED AS DOCUMENT NUMBER 530743, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF TRACT 1 OF CERTIFIED SURVEY MAP NUMBER 492, RECORDED AS DOCUMENT NUMBER 1878029 526936, WINNEBAGO COUNTY REGISTER OF DEEDS, PART OF THE SOUTHWEST SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 20, ALL OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼, PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼, PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼, ALL PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼, PART OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼, PART OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, AND PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32, PARTS OF 9TH STREET ROAD, PARTS OF OD W. 20TH AVENUE, PARTS OF CLAIRVILLE ROAD, PARTS OF LINDEN OAKS DRIVE, ALL OF MEADOWBROOK ROAD AND ALL OF WINDSONG TERRACE, ALL LOCATED IN THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 20, THE WEST ½ OF SECTION 29 AND THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL IN TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 200 400100 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #1 Attachment Area: 9,534,928 Square Feet/ 218.892 Acres To be Zoned SR-5 & NMU CSM - 7893 1" =500 FEET NORTH IS REFERENCED TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS N00°31’11”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM WEST LINE OF THE SW ¼ SECTION 20-18-16 Point of Beginning SW CORNER 20-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION TOWN OF ALGOMA CITY OF OSHKOSH N00°31’01”E 1,327.06'L1 S89°00’12”E 340.84'L2 S00°31’01”W 1,367.03'L3 S89°00’47”E 256.64'L4 N00°20’56”E 305.01'L5 S89°00’47"E 208.97'L6 N00°30’02”E 25.01'L7 S89°00’47”E 528.02'L8 S00°30’02”W 330.01'L9 S89°00’47”E 9.70'L10 N01°12’38”E 7.00'L11 S89°00’47”E 200.92'L12 S01°12’38”W 175.71'L13 S89°00’47”E 208.70'L14 S01°03’44”W 208.00'L15 S89°00’47”E 274.59'L16 S01°03’44”W 34.62'L17 S88°56’14”E 175.71'L18 S01°03’44”W 429.96'L19 S89°13’17”E 504.07'L20 S00°20’45”E 1,784.60'L21 N89°01’04”W 1,408.89'L22 S00°58’54”W 120.00'L23 N89°01’04”W 152.85'L24 S00°58’54”W 1,424.10'L25 S34°07’39”E 44.63'L26 S50°51’56”W 904.42'L27 S45°25’01”W 80.19'L28 S00°17’33”W 435.52'L29 S89°07’34”E 555.85'L30 S00°45’00”W 264.00'L31 N89°18’44”W 942.88'L34 N00°31’56”E 1,336.74'L35 N00°07’37”E 2,657.08'L36 N00°10’20”E 1,331.71'L37 S89°00’56”E 1,349.10'L38 N00°04’13”W 1,123.28'L39 N89°00’57”W 258.69'L40 N00°05’13”W 208.43'L41 N89°00’42”W 289.22'L42 S00°59”18”W 237.49'L43 N89°00’42”W 392.69'L44 S00°59’18”W 400.06'L45 N89°00’42”W 393.46'L46 N00°10’20”E 638.49'L47 S00°44’59”W 562.65'L32 S00°45’00”W 507.00'L33 BEARING LENGTHLINE BEARING LENGTHLINE ! !! ! !! ! ! +U ! 29-18-16-NWNW 29-18-16-NENW 29-18-16-NWNE 20-18-16-SWSW 20-18-16-SESW 20-18-16-SWSE 20-18-16-NWSW 20-18-16-NESW 20-18-16-NWSE TAX # 002023802 TA X # 00 2 0 3 4 5 0 4 TA X # 00 2 0 2 3 7 0 2 0 5 TAX # 0020344 TA X # NT TA X # 00 2 0 3 4 4 1 3 TAX # 002034410 TAX # 002034421 TA X # 00 2 0 3 4 4 1 4 TA X # 00 2 0 3 4 4 2 2 TAX # 002034419 TA X # 00 2 0 3 4 4 2 3 TA X # 00 2 0 3 4 4 0 8 0 1 TAX # 002034415 TAX # 002034411 TA X # 00 2 0 3 4 4 0 9 TAX # 002034503 TAX # 002034405 TAX # 002034402 TAX # 00202370204 QUAIL RUN FARM CSM-6406CSM-2045 CSM-492 CSM-2734 1ST ADDN TO QUAIL RUN FARM SUBD CSM-3290 CSM-2936 2ND ADDN TO PHEASANT CREEK FARM CSM-6382 CSM-3861 CSM-5296 CSM-5206 1ST ADDN TO PHEASANT CREEK FARM CSM-6352 79 83 132 133 134 135 119 118 117 116 115 114 113 103 102 104 101 105 94 100 95 106 96 99 107 97 98 108 109 110 91 90 89 88 87 86 111 85 84 112 17 16 15 14 13 12 Outlot 3 30 Outlot 2 27 28 29 24 Outlot 1 23 22 1 2 3 14 4 15 16 17 13 5 12 Outlot 4 11 6 10 Outlot 3 7 8 9 Outlot 2 36 39 37 38 25 26 27 28 First Addition to Pheasant Creek Farm Second Addition to Pheasant Creek Farm Quail Run Farm First Addition to Quail Run Farm Subdivision Pickart Estates Phase I Pickart Estates Phase II 9T H S T R D LINDEN OAKS DR JI M M Y S D R RO B E R T S DR LINDEN OAKS L A PAULS PL E D E N M E A D O W S D R JOHN MOORE DR ROWLA ND RD Q U A I L R U N D R W 9 T H A V MA R Y S D R H E I D I H A V E N D R A R N E S O N A V BA I L E Y C T E D E N L A L4 L2 L10 L9 L5 L3 L7 L1 L8 L6 PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 20 AND PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 100 20050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #2 Attachment Area: 457,795 Square Feet/ 10.510 Acres To be Zoned SR-5 1" =200 FEET NORTH IS REFERENCED TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS S89°00’47”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM L1 N89°00’47”W 724.69' L2 S01°02’30”W 33.00' L3 N89°00’47”W 208.05' L4 N01°12’38”E 33.00' L5 N89°00’47”W 90.14' L6 N00°10’51”E 1,326.90' L7 S89°00’12”E 340.94' L8 S00°10’51”W 1,293.83' L9 N89°00’47”W 42.35' L10 S01°02’30”W 33.00' LINE_NO BEARING LENGTH SO U T H L I N E O F T H E S W ¼ S E C T I O N 2 0 - 1 8 - 1 6 Point of Beginning SOUTH 1/4 CORNER 20-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION TOWN OF ALGOMA CITY OF OSHKOSH CI T Y O F O S H K O S H TO W N O F A L G O M A !! !! +U! 28-18-16-NWNW 29-18-16-NENE 20-18-16-SESE 21-18-16-SWSW 21-18-16-SESW 21-18-16-NESW 21-18-16-NWSW20-18-16-NESE N88°35’23”W 673.57' N0 0 ° 2 5 ’ 1 3 ” E 1, 3 0 5 . 3 4 ' TAX # 002024302 CSM-4366 CSM-2296 CSM-3533 CSM-3650 WESTHAVEN CSM-2387 MEADOW RIDGE CSM-4391 BARTON'S ASSESSOR'S PLAT CSM-2476 ROLLING GREEN MEADOWS 32 3130 1 25 24 2326 1 2 3 4 5 9 10 6 7 8 12 16 15 13 17 14 19 18 20 21 22 83 Rolling Green Meadows Meadow Ridge Westhaven S O A K W O O D R D FOXFIREDR BA R T O N RD KI R K W O O D D R QUAIL C T E P H E A S A N T C T W 9TH AV RADDISON AV PART OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 10050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #3 SEE INSET WINDOW 1" =150 FEETSOUTH LINE OF THE SE ¼ SECTION 20-18-16 Point of Beginning SE CORNER 20-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION CI T Y O F O S H K O S H TO W N O F A L G O M A !! !! 20-18-16-SESE 20-18-16-NESE S88°41’52”E 25.00' N88°41’52”W 25.00' S0 0 ° 2 5 ’ 1 3 ” W 25 . 0 0 ' N0 0 ° 2 5 ’ 1 3 ” E 25 . 0 0 ' N0 0 ° 2 5 ’ 1 3 ” E 1, 3 0 5 . 3 4 ' TAX # 002024302 MEADOW RIDGE ROLLING GREEN MEADOWS 1 22 Rolling Green Meadows Meadow Ridge NORTH IS REFERENCED TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS S88°35’23”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM TO W N OF AL G O M A CI T Y OF OS H K O S H Attachment Area: 625 Square Feet/ 0.014 Acres To be Zoned SR-3 Point of Beginning 0 105 Feet INSET WINDOW +U! !! ! 19-18-16-SESE30-18-16-NENE 29-18-16-NWNW 20-18-16-SWSW N00°10’20”E 170.25' S00°10’20”W 170.25' N8 9 ° 0 0 ’ 4 2 ” W 28 8 . 8 8 ' S8 9 ° 0 0 ’ 4 2 ” E 28 8 . 8 8 ' S00°10’20”W 717.62' TAX # 002034504 TAX # 00202370201 TAX # 002023701TA X # 00 2 0 3 4 5 0 4 TAX # 002034502 TAX # 002034501 TAX # 0020345 TAX # V746P273 CSM-6382 CSM-2866 CSM-3861 CSM-6352 9T H S T R D 9T H S T R D CLAIRVILLE RD CLAIRVILLE RD CLAIRVILLE RD BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 6382, RECORDED AS DOCUMENT NUMBER 1512826, WINNEBAGO COUNTY REGISTER OF DEEDS, AND THE ADJACENT EAST ½ OF CLAIRVILLE ROAD, ALL LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 10050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #4 Attachment Area: 49,177 Square Feet/ 1.129 Acres To be Zoned SR-5 1" =100 FEET NORTH IS REFERENCED TO THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS N00°10’20”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM WEST LINE OF THE NW ¼ SECTION 29-18-16 Point of Beginning NW CORNER 29-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION TOWN OF ALGOMA CITY OF OSHKOSH CI T Y OF OS H K O S H TO W N OF AL G O M A !! !! !! ! +U 31-18-16-NENE 32-18-16-NWNW 29-18-16-SWSW 29-18-16-SESW 32-18-16-NENW 30-18-16-SESE N89°07’34”W 132.00' S89°07’34”E 132.00' S0 0 ° 0 6 ’ 4 4 ” E 20 8 . 1 1 ' N0 0 ° 0 6 ’ 4 4 ” W 20 8 . 1 0 ' N89°07’34”W 258.04' S89°07’42”E 258.04' N0 0 ° 4 4 ’ 2 4 ” E 33 0 . 0 0 ' S0 0 ° 4 4 ’ 2 4 ” W 33 0 . 0 0 ' S89°07’34”E 1,107.94' TAX # 002035001TAX # 002035005 TAX # 00204070801 TAX # 002040703 TAX # 002040702 TAX # 002040710 TAX # 002040701 TAX # 0020406 TAX # 002040709 TA X # 00 2 0 4 0 7 0 4 0 1 TAX # 002035006 TAX # 002035003 TAX # 002035008 TAX # 0020350 TAX # 002040707 TAX # 002040704 CSM-3953 CSM-1803 CSM-1738 CSM-355 CSM-4187 CSM-4762 CSM-6641 CSM-1739 CSM-5059 18 19 20 21 2 1 Outlot 1 6 5 4 3 Sunrise Estates MORNINGSTAR LA W 20TH AV W 20TH AV W 20TH AV CTY TK K P R E S E R V E C T DAYBREAK LA CL A I R V I L L E R D CL A I R V I L L E R D PRESERVE DR BEING ALL OF CERTIFIED SURVEY MAP NUMBER 355 RECORDED AS DOCUMENT NUMBER 517813, WINNEBAGO COUNTY REGISTER OF DEEDS, ALSO PART OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, ALSO PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32 AND ½ OF THE ADJACENT RIGHT-OF-WAY OF W. 20TH AVENUE, ALL LOCATED IN THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29 AND THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL LOCATED IN TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 10050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #5 Attachment Area: 97,251 Square Feet/ 2.233 Acres To be Zoned SR-5 1" =100 FEET NORTH IS REFERENCED TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS S89°07’34”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM SOUTH LINE OF THE SW ¼ SECTION 29-18-16 Point of Beginning SW CORNER 29-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION CI T Y O F OS H K O S H TO W N O F AL G O M A CITY OF OSHKOSH TOWN OF ALGOMA !! ! !! !!+U 29-18-16-SESW 32-18-16-NENW 29-18-16-SWSE 32-18-16-NWNE N89°07’34”W 70.20' S89°07’34”E 172.00' N0 0 ° 2 1 ’ 4 4 ” W 27 9 . 0 0 ' S0 0 ° 2 1 ’ 4 4 ” E 27 9 . 0 0 ' S89°07’34”E 386.00' N0 0 ° 2 2 ’ 1 5 ” E 48 2 . 8 2 ' S0 0 ° 5 6 ’ 5 6 ” W 48 2 . 8 0 ' N89°07’35”W 482.93' TAX # 002040501 TAX # 0020352 CSM-6070 CSM-4762 W 20TH AV W 20TH AV W 20TH AV ME A D O W P A R K D R BEING PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, AND ALSO PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 29 AND THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 32, ALL LOCATED IN TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 10050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #6 Attachment Area: 282,311 Square Feet/ 6.481 Acres To be Zoned SR-5 1" =100 FEET NORTH IS REFERENCED TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS S89°07’34”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM NORTH LINE OF THE NW ¼ SECTION 32-18-16 Point of Beginning NORTH 1/4 CORNER 32-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION TO W N O F AL G O M A CI T Y O F OS H K O S H CI T Y O F O S H K O S H TO W N O F A L G O M A !! !! !!+U 29-18-16-SESW 32-18-16-NENW 32-18-16-NENE 32-18-16-SENE 29-18-16-SWSE 32-18-16-NWNE 29-18-16-SESE 32-18-16-SENW 32-18-16-SWNE N89°17’37”W 338.86' N89°13’55”W 400.00' N0 0 ° 2 3 ’ 1 2 ” E 58 3 . 0 0 ' N0 0 ° 2 3 ’ 1 3 ” E 74 3 . 4 8 ' S89°13’55”E 744.64'S89°13’55”E 893.61' S0 0 ° 3 8 ’ 3 5 ” W 1, 3 2 6 . 1 0 ' TAX # 002040501 TAX # 0020352 TAX # 0020400 TAX # 002040101 CSM-4507 CSM-3052 CSM-6070 FOX CHASE-SECOND ADDITIONCSM-4762 FOX CHASE-FIFTH ADDITION FOX CHASE-FIRST ADDITION FOX CHASE 2 3 27 28 26 323334353637383940 42 4341 44 155 154153152151161160 Fox ChaseFirst Addition to Fox Chase Second Addition to Fox ChaseFourth Addition to Fox Chase Subdivision Fourth Addition to Fox Chase Subdivision Fifth Addition to Fox Chase Subdivision W 20TH AV W 20TH AV W 20TH AV M E A D O W P A R K D R BEING PART OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ AND THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 100 20050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #7 Attachment Area: 686,556 Square Feet/ 15.761 Acres To be Zoned SR-5 & SMU TO BE ZONED SR-5 1" =200 FEET NORTH IS REFERENCED TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS S89°13’55”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM NORTH LINE OF THE NE ¼ SECTION 32-18-16 Point of Beginning NORTH 1/4 CORNER 32-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION CITY OF OSHKOSH TOWN OF ALGOMA CI T Y O F O S H K O S H TO W N O F A L G O M A TO BE ZONED SMU !! !! !! +U 31-18-16-NESE 32-18-16-NWSW 31-18-16-SENE 32-18-16-SWNW S89°29’58”E 47.29' S89°29’58”E 208.71' N89°29’58”W 256.00' S0 0 ° 0 0 ’ 2 4 ” E 37 7 . 0 0 ' N0 0 ° 0 0 ’ 2 4 ” W 37 6 . 9 0 ' S0 0 ° 3 1 ’ 5 7 ” W 41 7 . 4 2 ' N0 0 ° 3 1 ’ 5 7 ” E 41 7 . 5 2 ' TAX # 002040801 TAX # 0020412 TAX # 002041201 CSM-6985 CSM-4846 CL A I R V I L L E R D CL A I R V I L L E R D CO M P A S S W A Y BEING PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ AND THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 10050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #8 Attachment Area: 183,628 Square Feet/ 4.261 Acres To be Zoned SR-3 1" =100 FEET NORTH IS REFERENCED TO THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS N00°31’56”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM WE S T L I N E O F T H E N W ¼ S E C T I O N 3 2 - 1 8 - 1 6 Point of Beginning WEST 1/4 CORNER 32-18-16 CITY OF OSHKOSH PLANNING SERVICES DIVISION TO W N O F AL G O M A CI T Y O F OS H K O S H CI T Y O F O S H K O S H TO W N O F A L G O M A WE S T L I N E O F T H E S W ¼ S E C T I O N 3 2 - 1 8 - 1 6 +U! ! ! !! !! ! 05-17-16-NENW06-17-16-NENE 32-18-16-SWSW 32-18-16-SESW 31-18-16-SESE 31-18-16-NESE 32-18-16-NWSW 05-17-16-NWNW 32-18-16-NESW 47. 9 1 ' S0 0 ° 4 9 ’ 2 0 ” W 44 0 . 3 2 ' S89°10’53”E 563.15' S0 0 ° 2 8 ’ 4 6 ” W 88 4 . 8 5 ' N0 0 ° 4 8 ’ 0 0 ” W 1, 2 3 2 . 6 0 ' S89°18’26”E 1,263.88' N89°10’53”W 1,893.88' TAX # 00204 1 4 TA X # 00 2 0 4 1 3 0 3 TAX # 002041301 TAX # 0020413 TAX # 002041501 TAX # 002041302 CSM-2334 CSM-2249CSM-4688 CO M P A S S WA Y HY 91 HY 91 HY 91 CL A I R V I L L E R D CL A I R V I L L E R D TRANSIT DR TRANSIT DR RR TR A C K S RR TR A C K S RR TR A C K S BEING PART OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ AND THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN GRAPHIC SCALE: SCALE: DATE DRAWN:OCTOBER 18, 2022 0 100 20050 Feet File Name: H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Town of Algoma Zone C Attachments.aprx TOWN OF ALGOMA ZONE C ATTACHMENT AREA #9 Attachment Area: 1,944,713 Square Feet/ 44.644 Acres To be Zoned HI C1 CURVE DATA: LENGTH = 47.91' CHORD = N44°56’47”E CHORD LENGTH: 42.97' RADIUS: 30.00' 1" =200 FEET NORTH IS REFERENCED TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN WHICH BEARS N00°00’24”E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM WE S T L I N E O F T H E S W ¼ S E C T I O N 3 2 - 1 8 - 1 6 CITY OF OSHKOSH PLANNING SERVICES DIVISION CITY OF OSHKOSH TOWN OF ALGOMA CI T Y O F O S H K O S H TO W N O F A L G O M A +U ! ! 06-17-16-NENE 32-18-16-SWSW31-18-16-SESE 05-17-16-NWNW N0 0 ° 0 0 ’ 2 4 ” W 18 . 9 2 ' N0 0 ° 4 8 ’ 0 0 ” W 1, 2 3 2 . 6 0 ' N59°3 5 ’ 0 3 ” E 78.12 ' N89°10’53”W 1,893.88' TAX # 0020414 TAX # 002041302 TAX # 002041303 TAX # 0020413 TAX # 002041302 CL A I R V I L L E R D HY 91 RR TR A C K S Point of Beginning SW CORNER 32-18-16 SEE INSET WINDOW INSET WINDOW W. 20TH AVE. RUSCHFIELD AVE. UNIVERSAL ST. B A D G E R CLAIRVILLE RD. CUTTER CT. AVE. KATY CT. BARTON RD. MEADOWBROOK RD. CRESTVIEW ARLINGTON LENNOX ST. ARCADIA S. OAKWOOD RD. QUAIL S. WESTHAVEN WOODSTOCK ST. KINCAID AVE. FOX GREEN CIR. STATE ROAD 91 ABBEY AVE. S. WESTHAVEN DR.GOLDEN AVE.ROLLING BROMFIELD DR. DR. MEREWORTH CT. HUNTERS GLEN DR. BERNHEIM LINDEN HUNTERSPL. FAIRFAX WHEATFIELD WAY DONEGAL CT. GALWAY CT. LAMPLIGHT CT. GASLIGHT CT. CANDLELIGHT CT. KILLARNEY VIKIN G P L. C T.KINGSTON CAMDEN NEWPORT AVE. M O N T C L A I R P L . TEMPLETON WINDHURST CIR.CIR. CHATHAM DR. BR EN TW OO D DR. VILLAGELN.WH. CIR.CT. (STH "91") W. 9TH AVE. (CTH "K") HOMESTEAD DR. RADDISON KIRKWOOD DR. QUAIL DR. REBECCA RUN WELLINGTON PHEASANT CREEK HAYWARD AVE. CREEK DR. SAWYER 3700 3600 3500 3400 PL.3200 3100 30003300 2900 2800 2700 2600 2500 2400 S. OAKWOOD RD. PHEASANT TIMOTHY ST. CT. PL. DR. MARICOPA DR.TAIL LN.FOX ST. DR. JUDY LEE CT.HALLIE HOLLOW CT. TRAIL DR. CT.BENNETT MOCKINGBIRD WAY HAVEN DR.HEIDI OAKS DR. DR.HEIDI HAVEN CT. NORMAN CT. CT. CT. W. CT. EAST FIRE PH. WILDERNESS RUN DR.AVE. CT. H:\jeffn\Arc_GIS_Pro_Projects\Town of Algoma Zone C Attachments\Zone C Proposed Zonings.mxd User: jeffn Prepared by: City of Oshkosh, WI Printing Date: 10/20/2022 1 in = 1,474 ft 1 in = 0.28 mi¯Town of AlgomaZone C Expansion Area Proposed Zonings The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show theapproximate 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 orappropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” withoutwarranties of any kind and the City of Oshkosh assumes no liability for use or misuse. NMU NMU SR-5 SMU SR-3 SR-5 SR-5 SR-3 HI SR-5 SR-5 SR-5 SR-5 SR-3SR-5NMUSMUHI Single Family Residential - 3Single Family Residential - 5Neighborhood Mixed UseSuburban Mixed UseHeavy Industrial Zone Districts City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us October 20, 2022 Re: Town of Algoma Zone C Intermediate Attachments/Annexations Dear Property Owner, In 2003, the City of Oshkosh and the Town of Algoma entered into a Boundary Agreement/Cooperative Plan that identified boundary changes that will occur between the City and the Town over the next 30 years. The agreement specifically identifies geographic zones of the Town of Algoma that will attach to the City of Oshkosh in four phases. The first phase, Zone A, attached to the City in 2013 and included areas of the Town east of Interstate 41. In 2018, Zone B attached to the City and included areas generally located between Interstate 41 and Oakwood Road. In 2023, Zone C, which includes your property, is scheduled to attach to the City. The Zone C area generally includes sections of the Town west of Oakwood Road to Clairville Road. Zone D, located west of Clairville Road to the town line is scheduled to attach to the City in 2043. Attached is a map showing the Zone C City expansion areas and proposed zoning district which will be attached to the City of Oshkosh. If you have any questions please feel free to contact the City of Oshkosh Planning Services Division at 920-236-5059. The Intermediate Attachment Ordinance will be heard by the Oshkosh Common Council at its October 25th and November 9th meetings and will be effective as of 12:01 a.m. on March 1, 2023. This means on March 1, 2023 your property will become part of the City of Oshkosh. Your property will be assigned a zoning designation appropriate for the existing use, comparability to its current zoning and consistency with the City’s Comprehensive Land Use Plan. 2979 PROPERTIES LLC 2979 W 20TH AVE OSHKOSH WI 54904 BAIER, BRUCE A 3196 CLAIRVILLE RD OSHKOSH WI 54904 BAIER, BRUCE A 3196 CLAIRVILLE RD OSHKOSH WI 54904 BENTLE, JASON L 3521 9TH ST RD OSHKOSH WI 54904 BINDER, DANIEL P 3277 MEADOWBROOK RD OSHKOSH WI 54904 BONGERT, NANCY A 3374 W 20TH AVE OSHKOSH WI 54904 BONGERT, NANCY A 3374 W 20TH AVE OSHKOSH WI 54904 BOYCE, JAMES 1106 ARTHUR AVE OSHKOSH WI 54901 BRAYTON, WILLIAM S 3524 W 20TH AVE OSHKOSH WI 54904 BUCK, ANDREW T 3022 CLAIRVILLE RD OSHKOSH WI 54904 CHARTER CABLE PARTNERS LLC ATTN PROPERTY TAX DEPT PO BOX 7467 CHARLOTTE NC 28241 7467 ONEILL, RONALD D 2960 CLAIRVILLE RD OSHKOSH WI 54904 DELFOSSE, SCOTT A 3507 W 20TH AVE OSHKOSH WI 54904 DELFOSSE, SCOTT A 3507 W 20TH AVE OSHKOSH WI 54904 REMSEN, MARY F 3317 MEADOWBROOK RD OSHKOSH WI 54904 REMSEN, MARY F 3317 MEADOWBROOK RD OSHKOSH WI 54904 REMSEN, MARY F 3317 MEADOWBROOK RD OSHKOSH WI 54904 FIRST ENGLISH LUTHERAN CHURCH 1013 MINNESOTA ST OSHKOSH WI 54901 FOUST, STEVEN L 2888 CLAIRVILLE RD OSHKOSH WI 54904 FOUST, CAROLE L 3519 W 20TH AVE OSHKOSH WI 54904 FOUST, JEFFREY J 2850 CLAIRVILLE RD OSHKOSH WI 54904 FOUST, JEFFREY L 2850 CLAIRVILLE RD OSHKOSH WI 54904 FREDERICKSON, FREDERICK T 3369 9TH ST RD OSHKOSH WI 54904 GROFF, TRAVIS WILLIAM 3256 W 20TH AVE OSHKOSH WI 54904 HAFEMEISTER, JEFFREY L 3249 W 20TH AVE OSHKOSH WI 54904 HARVOT, CRAIG T 3351 W 20TH AVE OSHKOSH WI 54904 WINNEBAGO COUNTY PO BOX 2764 OSHKOSH WI 54903 2764 WINNEBAGO COUNTY PO BOX 2764 OSHKOSH WI 54903 2764 HILL, CLARENCE C/O SALLY CLARK 4155 COUNTY RD N OSHKOSH WI 54904 HILTZ, JAMES E 2676 CLAIRVILLE RD OSHKOSH WI 54904 JAENKE, KEVIN K 935 LINDEN OAKS DR OSHKOSH WI 54904 JONES, RAYMOND, SR 1757 COUNTY RD A NEENAH WI 54956 KIENBAUM PROPER OF OSHKOSH LLC 3446 WITZEL AVE OSHKOSH WI 54901 KIENBAUM PROPERTIES LLC 3660 HICKORY RIDGE RD OSHKOSH WI 54904 KLINGER, STEVEN A 2710 CLAIRVILLE RD OSHKOSH WI 54904 KOLB TST, SELMA M C/O JOSEPH KOLB 2711 KNOTT RD OSHKOSH WI 54904 KOLB TST, SELMA M C/O JOSEPH KOLB 2711 KNOTT RD OSHKOSH WI 54904 KOLB TST, SELMA M C/O JOSEPH KOLB 2711 KNOTT RD OSHKOSH WI 54904 KRONSCHNABEL, JOSEPH 3314 MEADOWBROOK RD OSHKOSH WI 54904 MUELLER, JAMES J 2949 W 20TH AVE OSHKOSH WI 54904 MURRAY, ANDREW T 3433 W 20TH AVE OSHKOSH WI 54904 MUSIL, RICHARD L 990 LINDEN OAKS DR OSHKOSH WI 54904 NAGORNY, KELLY M 992 LINDEN OAKS DR OSHKOSH WI 54904 NEUBAUER, BRUCE A 2940 CLAIRVILLE RD OSHKOSH WI 54904 PETRI, JAMES G 3501 W 20TH AVE OSHKOSH WI 54904 9249 PICKART, JOAN P 3361 NELSON RD OSHKOSH WI 54904 PICKART, PAUL A 3420 9TH ST RD OSHKOSH WI 54904 PICKART, ROBERT J 3490 9TH STREET RD OSHKOSH WI 54904 POPE TST, HOWARD S 685 MARINO DR N KEIZER OR 97303 RADIG, THOMAS D 2682 CLAIRVILLE RD OSHKOSH WI 54904 RASMUSSEN, LAWRENCE E 3068 CLAIRVILLE RD OSHKOSH WI 54904 RECKER, THOMAS C 3290 MEADOWBROOK RD OSHKOSH WI 54904 RUSCH, THOMAS N 3807A STATE RD 21 OSHKOSH WI 54901 RUSCH, THOMAS N 3807A STATE RD 21 OSHKOSH WI 54904 SCHMIDT, ELIZABETH L 3385 9TH ST RD OSHKOSH WI 54904 SCHMIDT, ELIZABETH L 3385 9TH ST RD OSHKOSH WI 54904 SCHMUDE, JAMIE A 3544 WINDSONG TERRACE OSHKOSH WI 54904 SCHMUDE, JAMIE A 3544 WINDSONG TERRACE OSHKOSH WI 54904 SCHMUDE, JAMIE A 3544 WINDSONG TERRACE OSHKOSH WI 54904 SEDLACHEK, MARVIN A 3317 MEADOWBROOK RD OSHKOSH WI 54904 SOSNOSKI, RYAN J 3240 CLAIRVILLE RD OSHKOSH WI 54904 SPAULDING, JOHN V 3295 MEADOWBROOK RD OSHKOSH WI 54904 SPAULDING, JOHN V 3295 MEADOWBROOK RD OSHKOSH WI 54904 TOWN OF ALGOMA 15 N OAKWOOD RD OSHKOSH WI 54904 UNITED COOPERATIVE N7160 RACEWAY RD BEAVER DAM WI 53916 VERSTEGEN, RONALD R 1027 LINDEN OAKS DR OSHKOSH WI 54904 VERSTEGEN, RONALD R 1027 LINDEN OAKS DR OSHKOSH WI 54904 VERSTEGEN, RONALD R 1027 LINDEN OAKS DR OSHKOSH WI 54904 VILLENEUVE, MICHAEL A 3292 MEADOWBROOK RD OSHKOSH WI 54904 WEIGANDT, STEVEN R 995 LINDEN OAKS DR OSHKOSH WI 54904 f RESOLUTION RESOLUTION AUTHQRImG INTERG4vERI`wNTAL A_GIMEhDgNT BETWEEN THS TOWN OF ALG•OMA AND THE CITY Or OSHKOSH AND INITIATION OF A COOPERb.TrVE B OUNDAR"Y PLAN WBEREAS the Town of Algoma and the City of Oshkosh have negotiated the in govezumentaai a&eementa r, eeh o,r ge ax mg o'unda Y c anges an ter urban growth and service issues; and WIBEREAS the intergovernmental agreement provides for the terms of the'- at heattobeincorporatedintoacooperativeplanunderWis. Stat. see. 66.0307 to be submitted tv tk e Wisconsin Department of Administration for approval; and 1 AS the hater overrimental agreement is in the.public interest;WHE g NOW,THERVORE,BE IT RESOI;WD by the Town Board of the Town of Algoma,Winnebago County,Wisconsin as follows: 1, The intergovernmental agreement, a copy of which is attached,is approved and the Town Chairperson and Town Clerk are authorized to execute the ante gavezxnnsntal agreement as well as any other documeats related thereto or required thereby in a form approved by the Town Attorney. Y 2. pat-ticipation in the preparation of a cooperative plan is authorized as provided in Wig. Stat.-sec.56.0307(4)(a).. 3. T e Town Attorney and all necessary staff are authorized and directed to participate in the preparation of a cooperative plan which coiotains all of the applicable provisions set forth in the intergovernmental agreement and any further provisions deemed necessary by Town and City attorneys under Wis. Stat. sec. 66.0307. r EXCMT FROM ODaUATM PIM BOM GO CF OEC IKOSH& 'IAI OF 9LM e)The Town shall not oppose any attachments permitted by this Agreement or provide support, financial or otherwise, to those who do, f) Any territory within the Expansion Area not attached to the City as a VoluntaryAttachmentshallbeattachedtotheCityasanintermediateor"Final Attachment In accordance with the time frames and procedures governing such Attachmentssetforthbelow. 1:0.02 Procedure for Intermediate Attachment. Geographic zones within the Expansion Area may be attached by an Intermediate Attachment Ordinance adopted by a majority vote of the City of Oshkosh Common Council as follows: a) zone A. At any time between January 1, 2012 and October 31,'2012, the City may adopt an Intermediate Attachment Ordinance attaching the territory in ZoneA. The attachment shall be effective as of 12.01 a.m, on Marcie 1, 2013. b) Zone B. At any time between January 1, 2017 and October 31, 2017, the City may adopt an Intermediate Attachment Ordinance attaching the territory In zoneBand, if not previously attached,-the territory In Zone A. The attachment shallbeeffectiveasof1.2.01 a.m. on March 1, 2018, c) Zone C. At any time between January 1, 2022 and October 31, 2022, the City may adopt an intermediate Attachment Ordinance attaching the territory in Zone C arid, if not previously attached, the territory In Zones A and B. The attachment shall be effective as of 12.01 a.m. on March 1, 2021 d) Intermediate Attachment Ordinances may designate temporary or permanent zoning classifications for each parcel of land as prescribed in Wis. Stat. § 62.23(7)(d). The City Clerk shall file, record, or send Intermediate Attachment Ordinances in the same manner as described under paragraph 10.01(b) above. e) Intermediate Attachment Ordinances shall include all territory within each geographic zone as Identified in Exhibit A and as scheduled to be attached per paragraphs (a), (b) and (c) of this section. f) intermediate attachment Ordinances shall not require the consent of owners, residentsnts orelectors. 10.03 Procedure for Final Attachment, All, but not part, of the territory within the expansion area of the Town on March 1, 2043 may be attached to the City by a Final Attachment Ordinance adopted by a majority vote of the City of Oshkosh CommonCouncilasfollows: JANUARY 24, 2023 FEBRUARY 14, 2023 23-39 23-68 ORDINANCE FIRST READING SECOND READING (CARRIED 7 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) TO RIVERFRONT MIXED USE DISTRICT WITH PLANNED DEVELOPMENT AND RIVERFRONT OVERLAYS (RMU-PD-RFO) FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST 4TH AVENUE AND MICHIGAN STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at the Northwest Corner of West 4th Avenue and Michigan Street from Institutional District with a Planned Development Overlay (I-PD) to Riverfront Mixed Use District with Planned Development and Riverfront Overlays (RMU-PD-RFO). BEING ALL OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6905, RECORDED AS DOCUMENT NUMBER 1679243, WINNEBAGO COUNTY REGISTER OF DEEDS AND ADJACENT NORTH ½ OF W. 4TH AVENUE, LOCATED IN SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, IN THE 6TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. JANUARY 24, 2023 FEBRUARY 14, 2023 23-39 23-68 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XX APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) TO RIVERFRONT MIXED USE DISTRICT WITH PLANNED DEVELOPMENT AND RIVERFRONT OVERLAYS (RMU-PD-RFO) FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST 4TH AVENUE AND MICHIGAN STREET on February 14, 2023. This ordinance changes the zoning of the property located at the Northwest Corner of West 4th Avenue and Michigan Street from Institutional District with a Planned Development Overlay (I-PD) to Riverfront Mixed Use District with Planned Development and Riverfront Overlays (RMU-PD-RFO). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. ITEM: ZONE CHANGE FROM INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) TO RIVERFRONT MIXED USE DISTRICT WITH PLANNED DEVELOPMENT AND RIVERFRONT OVERLAYS (RMU- PD-RFO) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF W 4TH AVENUE & MICHIGAN STREET Plan Commission meeting of January 17, 2023. GENERAL INFORMATION Owner/Applicant: City of Oshkosh Action(s) Requested: The City of Oshkosh requests a zone change from Institutional District with a Planned Development Overlay (I-PD) to Riverfront Mixed Use District with Planned Development and Riverfront overlays (RMU-PD-RFO) for property located at the northwest corner of West 4th Avenue and Michigan Street. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject property is 8,670 square feet in size and located at the northwest corner of West 4th Avenue and Michigan Street. The site is zoned I-PD and contains an abandoned utility storage structure. The surrounding area consists primarily of residential uses to the south, commercial uses to the west, vacant land to the east, and public riverfront access to the north. The 2040 Comprehensive Land Use Plan recommends center city uses for the subject area. Subject Site Existing Land Use Zoning Vacant/Institutional I-PD Recognized Neighborhood Organizations Historic 6th Ward Adjacent Land Use and Zoning Existing Uses Zoning North Park RMU-PD South Residential TR-10 East Vacant RMU-PD-RFO ITEM II: Rezone NW Corner W 4th Ave. & Michigan St. 2 West Commercial RMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City ANALYSIS The City is requesting a zone change to Riverfront Mixed Use District with Planned Development and Riverfront Overlays for the subject property. This request is intended to provide appropriate zoning to allow for anticipated future development. The City has been approached with plans for a multi-family development on the site, which is a conditional use in the RMU district. The proposed rezone would provide consistent zoning with surrounding properties on the north side of West 4th Avenue and the proposed RMU-PD-RFO zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of center city for the subject site. Future development of the site will require GDP/SIP approval. ITEM II: Rezone NW Corner W 4th Ave. & Michigan St. 3 FINDINGS/RECOMMENDATION In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the Rezone with the findings listed above. The Plan Commission recommended approval of the rezone on January 17, 2023. 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. The City of Oshkosh requests a zone change from Institutional District with a Planned Development Overlay (I-PD) to Riverfront Mixed Use District with Planned Development and Riverfront overlays (RMU-PD-RFO) for property located at the northwest corner of W 4th Avenue and Michigan Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The City is requesting a zone change to Riverfront Mixed Use District with Planned Development and Riverfront Overlays for the subject property. This request is intended to provide appropriate zoning to allow for anticipated future development. The City has been approached with plans for a multi-family development on the site, which is a conditional use in the RMU district. The proposed rezone would provide consistent zoning with surrounding properties on the north side of W. 4th Ave and the proposed RMU-PD-RFO zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of center city for the subject site. Future development of the site will require GDP/SIP approval. Staff recommends approval with the findings and conditions as listed in the staff report. ITEM II: Rezone NW Corner W 4th Ave. & Michigan St. 4 Mr. Perry opened up technical questions to staff. Ms. Scheuermann asked why this item was coming before Plan Commission now when the workshop was done in August. Mr. Lyons said that it is still being used by the city as storage so it made sense to wait to have the parcel go through a rezone. 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. W i n n e b a g o C o u n t y a n d C i t y o f O s h k o s h , C i t y o f O s h k o s h Ci t y o f O s h k o s h Z o n i n g M a p Ci t y o f O s h k o s h Z o n i n g M a p Th e C i t y o f O s h k o s h c r e a t e s a n d m a i n t a i n s G I S m a p s a n d d a t a f o r i t s o w n u s e . T h e y m a y s h o w t h e a p p r o x i m a t e r e l a t i v e l o c a t i o n o f p r o p e r t y , bo u n d a r i e s a n d o t h e r f e a t u r e f r o m a v a r i e t y o f s o u r c e s . T h e s e m a p ( s ) / d a t a s e t s a r e p r o v i d e d f o r i n f o r m a t i o n p u r p o s e s o n l y a n d m a y n o t b e s u f f i c i e n t o r a p p r o p r i a t e f o r l e g a l , e n g i n e e r i n g , o r s u r v e y i n g p u r p o s e s . T h e y a r e p r o v i d e d “ A S - I S ” w i t h o u t w a r r a n t i e s o f a n y k i n d a n d t h e C i t y o f Os h k o s h a s s u m e s n o l i a b i l i t y f o r u s e o r m i s u s e . A n y f l o o d i n f o r m a t i o n s h o w n o n t h i s m a p D O E S N O T r e p r e s e n t t h e o f f i c i a l a d o p t e d F E M A 1 i n = 3 7 6 f t 1 i n = 0 . 0 7 m i ¯ Pr e p a r e d b y : C i t y o f O s h k o s h , W I Pr i n t i n g D a t e : 1 0 / 1 7 / 2 0 2 2 REZONE 0 W 4TH AVE PC: 1-17-2023 MAXWELL RE LLC 4509 SHINNECOCK HILLS CIR GARLAND, TX 75044 FAMILY VIDEO MOVIE CLUB INC 2701 W LAWRENCE AVE STE A SPRINGFIELD, IL 62704 TROPICAL TIDE LLC 945 NICOLET AVE OSHKOSH, WI 54901 WE RENT HOUSES REAL ESTATE GROUP LLC 1511 OREGON ST OSHKOSH, WI 54902 JOSHUA D BAUER 453 HICKORY ST OMRO, WI 54963 JOHN COLEMAN 523 W 4TH AVE OSHKOSH, WI 54902 BRIAN T GIBSON 515 W 4TH AVE OSHKOSH, WI 54902 KEVIN R VOSS 507 W 4TH AVE OSHKOSH, WI 54902 ROSEBUD REI LLC 2169 W PRAIRIE CREEK DR NEENAH, WI 54956 WILLIAM/ERIC VLACH 404 MICHIGAN ST OSHKOSH, WI 54902 REDEVELOPMENT AUTH CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 PAULETTE FELD 416 W 5TH AVE OSHKOSH, WI 54902 MARY JANNESS 447 W 6TH AVE OSHKOSH, WI 54902 WESENBERG ARCHITECTS 240 AGLOMA BLVD SUITE A OSHKOSH, WI 54901 OHIO S T OHIO S T W 5T H AVW 5T H AV W 4TH AVW 4TH AV MI C H I G A N S T MI C H I G A N S T C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/30/2022 1 in = 120 ft 1 in = 0.02 mi¯0 W 4TH AVE0 W 4TH AVE 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 SR-9 TR-10 UMU I UMU-PD RMU-PD-RFO I-PD I UI UMU I-UTO RMU-PD RMU-PD-RFO UI-RFOUI I-PD MR-20 RMU UMU-PD-UTO I-PD RMU-PD I MR-12 CMU I I-PD MR-36-UTO I-PD-RFO NMU I-PD-RFO RMU RMU UMU-UTO NMU RMU-PD FVTC Athletic Field OO HH II OO SS TT W 9TH AVW 9TH AV WWIITTZZEELL AAVV WISC O NSIN ST WISC O NSIN ST W 8TH AVW 8TH AV W 6TH AVW 6TH AV W 10TH AVW 10TH AV W 7T H AVW 7T H AV W 5TH AVW 5TH AV IOWA ST IOWA ST MICHIGAN ST MICHIGAN ST PPEEAARRLLAAVV W 4TH AVW 4TH AV W 3RD AVW 3RD AV MMAARRIIOONNRRDD MINNESOTA ST MINNESOTA ST NN CC AA MM PP BB EE LL LL RR DD DAKO TA S T DAKO TA S T GEORGIA ST GEORGIA ST D E M P S E Y T R D E M P S E Y T R SS CC AA MM PP BB EE LL LL RR DD W 4T H AVW 4T H AV UMUUMU-UTO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/30/2022 1 in = 500 ft 1 in = 0.09 mi¯0 W 4TH AVE0 W 4TH AVE 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: 12/30/2022 1 in = 100 ft 1 in = 0.02 mi¯0 W 4TH AVE0 W 4TH AVE 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 FEBRUARY 14, 2023 23-69 RESOLUTION (CARRIED (as amended) 7 - 0 LOST_____ LAID OVER______ WITHDRAWN______) PURPOSE: APPROVE CREATE AD HOC COMMITTEE TO SOLICIT INPUT ON THE CITY’S CLEARWELL REPLACEMENT PROJECT AESTHETIC FEATURES (AS AMENDED) INITIATED BY: CITY MANAGER WHEREAS, the Common Council recognizes the need to solicit input on the City’s Clearwell Replacement Project to provide input as to the aesthetics of the Water Filtration Plant site and landscaping along the right-of-way adjacent to the property along Lake Shore Drive, Washington Avenue and Merritt Avenue and the area between Lake Shore Drive and Lake Winnebago. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that an ad hoc committee is hereby created for the following purposes: A. Provide a recommendation for the architectural finishes on the proposed clearwell tanks and pump houses on the Water Filtration Plant (WFP) site to the Plan Commission and Council. B. Review options and provide a recommendation for landscaping and planting the onsite areas along the right-of-way of Lake Shore Drive, Washington Avenue, and Merritt Avenue to the Plan Commission and Council. C. Review options and provide a recommendation for landscaping and planting the Park area east of Lake Shore Drive to the Advisory Parks Board and Council. D. Review options and provide a recommendation for landscaping and improvements to the right-of-ways adjacent to the WFP site. E. To allow for review by the Plan Commission and Advisory Parks Board prior to Council Action, the Committee shall provide recommendations as to the WFP site on or before August 1, 2023. F. Provide a recommendation on how to incorporate educational and/or historical elements relating to water into the final project. It is the intention of the Council that the committee shall represent a broad range of stakeholders and interests and be comprised of 5 or 7 members generally representing the following categories and subcategories, if possible: FEBRUARY 14, 2023 23-69 RESOLUTION CONT’D · WFP neighborhood resident · A community member who has an interest in landscaping or design · A Parks Advisory Board member · A resident not residing near the WFP · A member representing the sport fishing community. · A community member interested in green space or parks · A person representing a large utility customer or member of the Chamber of Commerce The final membership number and composition shall be determined upon the appointment of members by the Mayor subject to approval by the Common Council. The City Manager is hereby authorized to assign such staff to assist the committee with their responsibilities as the City Manager may determine necessary and/or convenient. I:\Water Filtration\Clearwells\17-18 WFP Clearwells\Project_Information\Correspondence\Memo\17-18 CC Memo- Ad Hoc Committee_2-9-23.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: February 9, 2023 RE: Approve Creation of Ad Hoc Committee to Solicit Input on the City’s Clearwell Replacement Project Aesthetic Features BACKGROUND As Council is aware, the City must replace its current underground treated drinking water storage clearwells with above-grade structures. Council provided direction on the overall shape and design of the structures through Resolution 22-383 at the September 13, 2022 meeting. The direction was to reconstruct the clearwells with at-grade rectangular cast-in-place concrete tanks and construct intermediate and high-lift pump stations. Staff from Public Works and Jacobs Engineering (Jacobs) have continued to work on the Project and are nearing the point of working on the overall aesthetics of the clearwells and site. The appearance of the structures and surrounding landscaping has been an ongoing concern voiced by members in the community. ANALYSIS The creation of an Ad Hoc Committee will provide the opportunity for a diverse group of citizens to provide input into the final appearance of the clearwell structures and the surrounding landscape. The smaller group will allow for City Staff and Jacobs to educate the Committee on the issues and regulatory requirements related to the proposed work and allow for meaningful discussion and development of a plan. The Committee is recommended to be 5 or 7 individuals to allow for a variety of backgrounds and provide an odd number of individuals for voting. It is recommended the Committee be comprised of individuals who represent interests from the following categories, if possible: 1. A Water Filtration Plant (WFP) neighborhood resident. 2. A community member who has an interest in landscaping or design. I:\Water Filtration\Clearwells\17-18 WFP Clearwells\Project_Information\Correspondence\Memo\17-18 CC Memo- Ad Hoc Committee_2-9-23.docx Page 2 of 2 3. A Parks Advisory Board member. 4. A resident not residing near the WFP. 5. A member representing the sport fishing community. 6. A community member interested in green space or parks. 7. A person representing a large utility customer or member of the Chamber of Commerce. The Committee will be charged with four (4) specific tasks. They are as follows: 1. Provide a recommendation for the architectural finishes of the proposed clearwell tanks and pump houses on the WFP site to the Plan Commission and Council. 2. Provide recommendation for landscaping and planting WFP onsite areas along the right-of-ways of Lake Shore Drive, Washington Avenue, and Merritt Avenue to the Plan Commission and Council. 3. Provide recommendation for landscaping and planting the Park area east of Lake Shore Drive to the Park Board and Council. 4. Provide recommendation for landscaping and improvements to the right-of-ways adjacent to the WFP site to Council. Individuals interested in serving on the Committee must submit applications for review, be recommended by the Mayor, and are subject to approval by the Council. FISCAL IMPACT The formation of the Committee will have no effect on the budget. Staffing of the meetings by City Staff and Jacobs will add some cost to the overall Project, but will be insignificant. The ultimate recommendations by the Committee will have a cost. Until the recommendations are finalized, the cost will not be known. Ultimately, the decision to implement the recommendations of this Committee and the associated costs will be a decision made by the Council. RECOMMENDATIONS I recommend approval of the creation of the Ad Hoc Committee to Solicit Input on the City’s Clearwell Replacement Project Aesthetic Features. Approved, Mark A Rohloff City Manager SMG/tlt FEBRUARY 14, 2023 23-70 RESOLUTION (CARRIED_______LOST 6 - 1 LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE INSTALLATION OF NEW SIDEWALK: I.) BAUMAN STREET, EAST SIDE, FROM TAFT AVENUE TO BUCHANAN AVENUE II.) BUCHANAN AVENUE, NORTH SIDE, FROM BAUMAN STREET TO JOSSLYN STREET INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: That sidewalks and handicap ramps be constructed according to the established grade pursuant to Section 66.0907 of the Wisconsin Statutes, and the ordinances of the City of Oshkosh on the following locations: Bauman Street, east side, from Taft Avenue to Buchanan Avenue Buchanan Avenue, north side, from Bauman Street to Josslyn Street I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-08 Arthur-Tyler- Coolidge-Bauman\Project_Information\Correspondence\Memo\23-08 Inst of New Sidewalk_2-9-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 9, 2023 RE: Approve Installation of New Sidewalk: Bauman Street, east side, from Taft Avenue to Buchanan Avenue Buchanan Avenue, north side, from Bauman Street to Josslyn Street BACKGROUND State of Wisconsin Statutes §66.0907 (1) states that “Streets shall provide a right-of-way for vehicular traffic and, where the council requires, a sidewalk on either or both sides of the street. The sidewalk shall be for the use of persons on foot …” State of Wisconsin Statutes §66.0907 (3) (a) states “The council may by ordinance or resolution determine where sidewalks shall be constructed …” The Department of Public Works has coordinated with the Community Development Department to schedule the installation of the above sidewalk for consideration by the Bicycle and Pedestrian Advisory Committee for a recommendation to the Common Council. Unfortunately, the three (3) most recent Bicycle and Pedestrian Advisory Committee meetings have been canceled due to lack of a quorum. The Arthur Avenue, Tyler Avenue, Coolidge Avenue, and Bauman Street Reconstruction Project is proposed to install sidewalk and any necessary handicap ramps on the east side of Bauman Street, from Taft Avenue to Buchanan Avenue, and on the north side of Buchanan Avenue, from Bauman Street to Josslyn Street. These sections will complete the sidewalk installation in these blocks, improving pedestrian access. Most of the properties along this stretch have existing sidewalk installed through their driveways allowing the proposed work to minimally affect their access. ANALYSIS The City of Oshkosh 2023-2024 Strategic Plan, Improve and Maintain our Infrastructure Strategic Goal, Objective A, Strategy / Tactic 5 instructs staff to “Incorporate “Complete Streets” principles when and where it is feasible”. “Complete Streets” are defined as “streets that are designed and operated to enable safe use and support mobility for all users.” The construction of sidewalks is a core principle in order to make streets accessible and support mobility for all users. The installation of the sidewalk on the east side of Bauman Street directly supports this Strategic Plan directive. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-08 Arthur-Tyler- Coolidge-Bauman\Project_Information\Correspondence\Memo\23-08 Inst of New Sidewalk_2-9-23.docx Page 2 of 2 On April 12, 2022, the Common Council unanimously passed Resolution 22-155, Support the Incorporation of Environmental Justice Concepts into City of Oshkosh Plans and Processes. As a part of that resolution, the Common Council resolved that “the City of Oshkosh will give consideration to environmental justice principles during policymaking”. As we look deeper into the aspects of the environmental justice lens that the Common Council has directed staff to put on projects, it becomes clear the installation of sidewalk along Bauman Street is a critical part of being inclusive to all. This section of sidewalk will improve pedestrian connectivity within the Marina District Neighborhood Association, while connecting the neighborhood with key destinations such as Titan Stadium, Roosevelt Elementary School, Bauman Park, Fox Valley Technical College, and the Oshkosh Senior Center. Looking through the environmental justice lens at this Project shows that this Project meets the core tenets that staff have been instructed to look at for projects and policies. The installation of this sidewalk will allow the City Electrical Division to install City-owned street lights, making the area safer and less reliant on Wisconsin Public Service for the limited street lights that exist today. The work is being proposed at this time because the proximity to the full reconstruction of Arthur Avenue, Tyler Avenue, Coolidge Avenue, and Bauman Street will help keep costs lower than if the work was bid is a smaller project. FISCAL IMPACT Funding is included in the 2023 Capital Improvement Program in Account #03210410-6806-04308 (Contract Contract-Sidewalk-23-08 Multi Street Reconstruction). Adjacent property owners are charged for 100% of the sidewalk construction expense abutting their property and the City pays for handicap ramp installations at intersections. RECOMMENDATIONS I recommend approval of the resolution. Approved: Mark A Rohloff City Manager JLG/tlt FEBRUARY 14, 2023 23-71 RESOLUTION (CARRIED 7 - 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ASSIGNMENTS, ASSUMPTIONS AND AMENDMENTS TO: A) TIF #25 DEVELOPMENT AGREEMENT, B) CONVENTION CENTER MANAGEMENT AGREEMENT, and C) LEASE AND PARKING AGREEMENT FOR THE PARKING GARAGE LOCATED ADJACENT TO 1 NORTH MAIN STREET WITH OSHKOSH INVESTORS, LLC AND THEIR ASSIGNEE, 1 N. MAIN, LLC INITIATED BY: CITY ADMINISTRATION WHEREAS, the City had previously entered into a Development Agreement with Oshkosh Investors, LLC with respect to the remodeling, repairing and reconstruction of a downtown hotel located at One North Main Street in the City of Oshkosh; and WHEREAS, in connection with the purchase and remodeling of the downtown hotel, the City and Oshkosh Investors, LLC entered into a Management Agreement for the City’s downtown Convention Center and Lease and Parking Agreement for the parking structure located adjacent to One North Main Street; and WHEREAS, Oshkosh Investors, LLC wishes to sell the property located at One North Main Street to 1 N. Main, LLC, who wish to assume the rights and obligations of Oshkosh Investors LLC in the Development Agreement, Convention Center Management Agreement and Lease and Parking Agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement agreements substantially similar to the attached for assignment, assumption and amendments to the TIF #25 Development Agreement, Convention Center Management Agreement and Lease and Parking Agreement for the Parking Garage located adjacent to 1 North Main Street with Oshkosh Investors, LLC and their Assignee, 1 N. Main, LLC, any changes in the execution copies being deemed approved by the signatures of the city officials. TO: Honorable Mayor and Members of the Common Council FROM: Mark A Rohloff, City Manager DATE: February 9, 2023 RE: Approve Assignments, Assumptions, and Amendments to TIF # 25 Development Agreement, Convention Center Management Agreement, and Lease and Parking Agreement with Oshkosh Investors, LLC and Scarlett Hotel Group BACKGROUND In May 2012, the City created Tax Increment Financing (TIF) District No. 25 to provide for an incentive to rehabilitate the former Park Plaza Hotel and to support improvements that created the current Riverwalk. As part of the TIF creation, the City entered into agreements with Oshkosh Investors, LLC and its affiliated entities that provided a $2 million upfront development assistance grant and a $1 million paygo grant to support the renovation of the hotel. The agreements included an operations agreement for the Convention Center and an agreement for operation of the parking structure attached to the hotel, which became th e Best Western Premier Hotel and Convention Center. The renovated Best Western Premier opened in Spring 2013. In October 2012, the City and Oshkosh Investors enter into a new parking structure agreement with consent from City Center clarifying responsibilities in relation to the parking structure and terminating all previous agreements. Under the 2012 agreement the basic ownership structure remains with the city leasing the structure from the hotel and leasing the real property from City Center and the City operating and maintaining the parking structure as a public facility. The hotel agrees to a per night room charge to support the City’s maintenance responsibilities. The Agreement term is set to coincide with the original ground lease and terminate on December 31, 2059. On termination the structure becomes the property of the City of Oshkosh and in turn under the Ground Lease becomes the property of City Center. Oshkosh Investors has complied with and fulfilled their terms in the Development Agreement. In return for the full redevelopment of the Best Western Premier, the City was to provide paygo payments for the remaining $1 million of the agreement. Based on the original development pro forma, the $1 million payment was originally projected to have been fulfilled by approximately 2022. Due to costs associated with sewer repairs in the immediate area, and additional costs to refurbish the seawall along the Fox River to accommodate the Riverwalk, the City needed to borrow additional funds to pay for these infrastructure costs, which delayed the paygo payments. As a result, the City has only reimbursed about $31,000 of the $1 million obligation. Now that the city has paid off the debt on these infrastructure obligations, we are in a position to pay off the remaining paygo obligations. In recent months, Oshkosh Investors has been in discussions with potential buyers of the Best Western Premier. They have identified The Scarlett Hotel Group (SHG) out of the Chicago area as a potential purchaser of the hotel. The Scarlett Hotel Group owns and operates hotels in various states, including Illinois, Missouri, Iowa, Texas, and Florida, under the flags of hotel chains such as Marriott, Hilton, and Wyndham. For the time being, they will continue to operate as a Best Western Premier. Oshkosh Investors and SHG have reached tentative agreement on the sale of the property. Part of the sale involves assumptions of the various agreements that the City and Oshkosh Investors have put together over the years. SHG and its affiliated companies are seeking City approval of the assignment and assumption of the Development Agreement (including assignment of the paygo obligation to SHG), Convention Center Management Agreement, and the Lease and Parking Agreement for the parking structure located next to the hotel. ANALYSIS Staff has compiled a brief description of each proposed agreement. Attached are annotated versions of the agreements with notes as to the specific sections included in each. Assignment, Assumption and Amendment of Development Agreement: This Agreement provides City consent to the Assignment of the Development Agreement and to Assumption of the rights and obligations associated with the Development Agreement by 1 N. Main LLC and amends the terms of the Development Agreement to allow the City to pay out the remaining amount due on the original 2012 paygo obligation of $1 million dollars. The Amendment retains a tax increment guarantee from the new purchasers sufficient to repa y debt service that will be necessary for the payout of the paygo and repayment to TIF 17. The agreement also requires that the purchasers operate the property as a full service hotel as provided for under a franchise flag as additional protection for th e tax increment. Additional amendments address outdated language referring to the prior operator, construction requirements, and updating notice and contact information. Assignment, Assumption and Amendment of Convention Center Management Agreement: This Agreement provides City consent to the Assignment of the Operations Agreement and to Assumption of the rights and obligations under the Operations Agreement by 1 N. Main LLC and amends certain terms of the Operation Agreement. The most significant proposed amendment would extend the term of the agreement from the current expiration date of 2030 to potentially 2080 upon successive five year renewals. Consistent with the current agreement these renewals allow the parties to consider such amendments and modifications that the parties may agree to in writing at the renewal of each five year term. The buyer has in addition inserted language providing that consent to renewals shall not be unreasonably withheld. The buyer has also requested language regarding the provision of estoppel certificates to assist in obtaining lender financing, updated the notice provisions with their contact information, and added specific notice language for defaults. Assignment, Assumption and Amendment of Lease and Parking Agreement: Provides City consent to the Assignment of the Lease and Parking Agreement and to Assumption of the rights and obligations by 1 N. Main LLC under this agreement and amends the terms of the Parking Agreement to update the reference to the current practice of reviewing the structure every 10 years for necessary repair and improvements and the fees to support those repairs and improvements. The buyer has also requested language regarding the provision of estoppel certificates and the right to encumber their interest in the parking agreement to assist them in obtaining lender financing and updated the notice provisions with their contact information. FISCAL IMPACT The City’s financial advisor, Ehlers & Associates, has conducted an analysis of tax increment cash flow and the ability of the City to fulfill its financial obligations for TIF # 25. The analysis indicates that the City will be able to reimburse TIF # 17 for the 1,343,000 it had advanced to TIF # 25, along with the remaining $968,000 that TIF # 25 owes to the hotel owner. The proposed buyer of the hotel will assume the rights to the $968,000, and will provide sufficient financial guarantees in terms of minimum assessed value to ensure that this paygo obligation can be paid off. Staff will provide a formal financing mechanism prior to April 1, 2023 in accordance with the proposed amended agreement. Staff anticipates that the new owners may also seek TIF support due to the new, increased investment in the hotel property. Any such support is not part of these amendments, and would involve a separate agreement to be considered by Council at a later time, and would include additional obligations placed on the new owners. RECOMMENDATION Staff recommends approval of the Resolution that authorizes staff to execute the attached amendments to the subject agreements. Respectfully Submitted, Mark A. Rohloff, City Manager Attachments: 27876718.2 158275412.10 ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“Amendment”) is made as of the ____ day of February, 2023 by and among the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation (the “City”), OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company (the “Oshkosh Investors”), and 1 N. MAIN, LLC, a Delaware limited liability company (“Assignee”). The City and Oshkosh Investors, as original “Developer” entered into a Development Agreement dated as of October 22, 2012 (the “Development Agreement”) with respect to the remodeling, repairing, rehabilitation and reconstruction of a 176 room hotel located at One North Main Street in the City of Oshkosh, Wisconsin (the “Property”). Pursuant to the Development Agreement, the City is paying Oshkosh Investors a City Contribution (as that term is defined in the Development Agreement), which is structured as a “pay as you go” incentive from Annual Tax Increment Surpluses (as that term is defined in the Development Agreement) in an amount not to exceed One Million Dollars ($1,000,000). As of the date of this Amendment, the incentive payments made to Developer total $31,575.41. The City and an affiliate of Oshkosh Investors, OI Management Corporation (“OI Corp”) entered into a separate Development Agreement dated October 22, 2012 (the “OI Development Agreement”) pursuant to which the City made a grant to OI Corp in the amount of Two Million Dollars ($2,000,000), which amount has been disbursed in full to OI Corp. The City and OI Corp have both fully performed their respective obligations under the OI Development Agreement, and as of the date hereof, the OI Development Agreement is being terminated. In connection with such termination, that certain Memorandum of Development Agreement recorded January 16, 2013 as Document No. 1626603 in the Winnebago County, WI Register of Deed’s Office, is hereby terminated, and in furtherance of the foregoing, the City shall cause a termination thereof in recordable form to be executed and delivered to Developer in connection with the sale of the Property. Oshkosh Investors is contemplating the sale of the Property to Assignee, and in connection with such sale, Oshkosh Investors wishes to assign the Development Agreement and its role as “Developer” to Assignee, and Assignee wishes to accept the assignment of the Development Agreement and the role of “Developer.” NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT 1. Assignment and Assumption. Oshkosh Investors hereby sells, assigns, grants, conveys and transfers to Assignee all of Oshkosh Investors’ right, title and interest in, to and under the Development Agreement. Assignee hereby accepts such assignment and assumes all of Oshkosh Investors’ duties and obligations under the Development Agreement and agrees to pay, perform and discharge, as and when due, all of the obligations of Oshkosh Investors under the Development 27876718.2 158275412.10 Agreement but only to the extent that such obligations thereunder are required to be performed arising after the date Assignee acquires the Property from Oshkosh Investors (the “Effective Date”), and such obligations were incurred in the ordinary course of business and do not relate to any failure to perform, improper performance, warranty or other breach, default or violation by Oshkosh Investors on or prior to the Effective Date. All references in the Development Agreement to “Developer” shall, after the Effective Date, refer to Assignee. 2. Indemnity of Oshkosh Investors. To the extent allowed by law, Oshkosh Investors shall indemnify, hold harmless and defend the Assignee and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Oshkosh Investors in connection with the Development Agreement, which arise or relate to the period prior to the Effective Date. 3. Indemnity of Assignee. Assignee shall indemnify, hold harmless and defend the Oshkosh Investors and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignee in connection with the Development Agreement, which arise or relate to the period following the Effective Date. B. AMENDMENTS TO DEVELOPMENT AGREEMENT 4. Capitalized terms used herein without definition have the meanings ascribed to them in the Development Agreement. The foregoing recitals are hereby incorporated into this Amendment as if fully set forth herein. 5. The definition of “Annual Tax Increment Deficit” in Section 1(a) is amended in its entirety to read as follows: (a) “Annual Tax Increment Deficit” means the shortfall between (i) Tax Increments received by the City during any calendar year and (ii) the debt service payable by the City during such calendar year on the borrowing necessary to fund the City Contribution and repay an inter-fund loan from TIF #17 plus those costs payable to the City pursuant to Section 8 of this Agreement for such calendar year. 6. The definition of “Annual Tax Increment Surplus” in Section 1(b) is hereby deleted. 7. The definition of “Expiration Date” in Section 1(h) is amended to read as follows: 27876718.2 158275412.10 (h) “Expiration Date” means the date upon which the TIF District terminates under Wis. Stat. Sec. 66.1105(7). As of the date hereof, the Expiration Date is currently anticipated to be May 22, 2039. 8. Sections 3(a) and 3(b) are hereby deleted and replaced with the following: “The City agrees to pay Developer the balance of the City Contribution in a lump sum payment of $968,424.59 no later than [April 1, 2023]. The City Contribution, as evidenced by this Agreement, shall be a special and limited obligation of the City and not a general obligation. Notwithstanding anything in this Agreement to the contrary, upon Developer’s receipt of the City Contribution in accordance with the foregoing, the City’s obligation to pay the City Contribution shall be satisfied.” 9. Subsections 3(c), (d) and (e) of Section 3 are hereby deleted. 10. The City acknowledges that all conditions precedent to the payment of the City Contribution were satisfied prior to the date of this Amendment. 11. Subsection (a) of Section 6 is amended by deleting “and/or OI Corp.” 12. Subsections (b), (d), (e), (f), (h), (j), (m), and (n) of Section 6 are hereby deleted. 13. The first sentence of Subsection (k) of Section 6 is deleted and replaced with the following: “The Developer, at its cost and expense, shall at all times operate the Hotel as a full service hotel, in compliance with its franchise or license agreement, and shall maintain, repair and replace (including, without limitation, repairs and replacements of a capital nature) all elements of the Project. 14. Section 7 is hereby amended to delete the third sentence of the second paragraph of Section 7. 15. Section 8 of the Development Agreement is hereby amended to state that the City may deduct Five Thousand and 00/100 Dollars ($5,000.00)(“City Expense Fee”) from the City Contribution to reimburse the City for the City’s reasonable fees, costs, and expenses incurred by the City in connection with the creation, maintenance of, and annual reporting for the TIF District, the development of the TIF District Project plan, the negotiation and preparation of the Agreement (including this Amendment). The City waives payment of the one and one-half percent (1.5%) City Expense Fee, and the City Expense Fee shall not increase. 16. Section 11(a) of the Development Agreement is hereby amended to delete “2016” and replace it with “2023”. 17. Section 11(b) of the Development Agreement is hereby amended to delete “under the OI Development Agreement”. 18. Subsections (d) and (f) of Section 11 are hereby deleted. 27876718.2 158275412.10 19. Subsection (e) of Section 11 is amended by deleting the word “also” from the first sentence thereof. 20. The City will release the Mortgage referenced in Section 11 of the Development Agreement, and in furtherance of the foregoing, the City shall cause a termination thereof in recordable form to be executed and delivered to Developer in connection with the sale of the Property. 21. Subsection (a) of Section 16 is amended by deleting “by OI Corp.” 22. Subsections (d) and (f) of Section 16 are hereby deleted. 23. Section 17 is amended by redesignating Subsection (b) as Subsection (c), and adding a new Subsection (b) as follows: “(b) Levy a special assessment pursuant to Section 11(e), above; or” 24. The addresses for Developer and its counsel set forth in Section 20(d) are hereby deleted and replaced with the following: “If to the Developer: 1 N. Main, LLC c/o Scarlett Hotel Group One Northbrook Place, Suite 200 Northbrook, IL 60062 Attn: Zio Pekovic and Rob Sadoff Email: zio.pekovic@scarletthotelgroup.com and rob.sadoff@scarletthotelgroup.com With a copy to: Perkins Coie LLP 110 North Wacker, Suite 3400 Chicago, IL 60606 Attn: Adam Docks Email: adocks@perkinscoie.com 25. Section 20(m) is hereby deleted. 26. All other terms of the Development Agreement remain in full force and effect. [SIGNATURE PAGES FOLLOW] 27876718.2 158275412.10 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney 27876718.2 158275412.10 OSHKOSH INVESTORS: OSHKOSH INVESTORS, LLC By: OI Management Corporation, its Manager By: Its: ASSIGNEE: 1 N. MAIN, LLC, a Delaware limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ 159349097.14 ASSIGNMENT, AMENDMENT AND ASSUMPTION OF MANAGEMENT AGREEMENT This Assignment, Amendment and Assumption of Management Agreement (this “Agreement”) is made and dated as of February __, 2023 (the “Effective Date”), by and among OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company (“Assignor”), 1 N. MAIN, LLC, a Delaware limited liability company (“Assignee”), and the CITY OF OSHKOSH, a municipal corporation (“City”). WITNESSETH: WHEREAS, the City is the owner of certain property located at 2 North Main Street and commonly known as the Oshkosh Convention Center (the “Convention Center”), which is connected to the Hotel (as defined below); WHEREAS, Assignor and the City entered into that certain Management Agreement dated May 16, 2012, as amended by that Amendment to Management Agreement dated June 10, 2013, and as further amended by that certain Amendment to Management Agreement dated May 16, 2018 (as amended, the “Convention Center Management Agreement”), pursuant to which Assignor has the exclusive right to manage, market, promote and operate the Convention Center; WHEREAS, in connection with the sale of the property located at 1 North Main Street, Oshkosh, Wisconsin (the “Hotel”), Assignor has agreed to assign, and Assignee has agreed to assume, all of Assignor’s rights, title and interests in the Convention Center Management Agreement; WHEREAS, the City desires to acknowledge and consent to the assignment of the Convention Center Management Agreement by Assignor to Assignee; and WHEREAS, in connection with Assignee’s assumption of the Convention Center Management Agreement, the parties wish to amend the Convention Center Management Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. All capitalized terms used in this Agreement but not otherwise defined herein are given the meanings set forth in the Convention Center Management Agreement. 2. Assignment and Assumption. Assignor hereby sells, assigns, grants, conveys and transfers to Assignee all of Assignor’s right, title and interest in, to and under the Convention Center Management Agreement. Assignee hereby accepts such assignment and assumes all of Assignor’s duties and obligations under the Convention Center Management Agreement and agrees to pay, perform and discharge, as and when due, all of the obligations of Assignor under the Convention Center Management Agreement but only to the extent that such obligations thereunder are required to be performed after the Effective Date, were incurred in 159349097.14 the ordinary course of business and do not relate to any failure to perform, improper performance, warranty or other breach, default or violation by Assignor on or prior to the Effective Date. All references in the Convention Center Management Agreement to Assignor shall, after the Effective Date, refer to Assignee. 3. City Consent. Pursuant to Section 12 of the Convention Center Management Agreement, the City hereby consents to the assignment of the Convention Center Management Agreement by Assignor, and the assumption of it by Assignee. The Convention Center Management Agreement will remain in full force and effect following the consummation of the transactions contemplated by the Purchase Agreement, except as amended hereby. 4. Amendments to Convention Center Management Agreement. In connection with the assignment and assumption of the Convention Center Management Agreement, the City and Operator hereby agree to amend the Convention Center Management Agreement as described below, effective as of the Effective Date: a. Term. The term of the Convention Center Management Agreement currently expires on December 31, 2030. Section 3.c. of the Convention Center Management Agreement is hereby amended to permit renewal of the Convention Center Management Agreement with such amendments and modifications that the parties may agree to in writing for up to ten (10) additional (5) year terms; provided the Operator provides the City no less than one hundred eighty (180) days’ prior written notice of its intent to renew, and such renewal shall be subject to approval by the City, which approval shall not be unreasonably withheld, conditioned or delayed. b. Payments to the City of Oshkosh. Section 4(b) is amended to state that the Operator shall pay six percent (6%) of the annual gross revenue from the operation of the Convention Center to the City as rent for the Convention Center. c. Payments to Oshkosh Area Community Foundation. The OACF loan for the Convention Center improvements has been repaid prior to the date of this Agreement. Section 5 of the Convention Center Management Agreement is hereby deleted in its entirety and replaced with “Intentionally Deleted.” d. Estoppel Certificates. Section 16 shall be amended to add the following Section 16.e.: “Estoppel Certificates. From time to time, as requested by the other party, upon not less than ten (10) days’ prior written notice, each party will execute and deliver to the other party (for reliance by such party, its lender or lenders, any prospective purchaser, and their respective successors and assigns) a statement certifying that the Convention Center Management Agreement is unmodified and in full force and effect (or if modifications have been made, that the same are in full force and effect as modified and stating the modifications), and stating whether, to the knowledge of the signer, any parties are in default in performance of any of their respective obligations under the Convention Center Management Agreement, and if so, specifying each such default of which the signer has knowledge, and such other factual information as may 159349097.14 be reasonably requested and pertinent to the Convention Center Management Agreement.” e. Notices. Section 17 of the Convention Center Management Agreement is hereby deleted in its entirety and replaced with the following: “Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to be an adequate and sufficient notice if given in writing and delivery is made either by (i) personal delivery, (ii) nationally recognized overnight air courier service, or (iii) email, provided that delivery thereof is acknowledged by the receiving party, and to the below addresses. Changes to these addresses shall be in writing. In addition to formal notification, both parties agree to take reasonable measures to keep the other party informed of issues or questions regarding the Convention Center. To City: City of Oshkosh c/o City Manager P.O. Box 1130 Oshkosh, WI 54903-1130 Email: citymgr@ci.oshkosh.wi.us To Operator: 1 N. Main, LLC c/o Scarlett Hotel Group One Northbrook Place, Suite 200 Northbrook, IL 60062 Attn: Zio Pekovic Email: zio.pekovic@scarletthotelgroup.com” f. Default. The following Section 18 is hereby added: “Default. In the event that either party hereto shall default in the performance of any of the agreements, conditions, covenants, or terms hereof, the other party may, after fifteen (15) days following written notice to such party, cure such default on the account of the other, provided however that if a breach cannot reasonably be cured within such fifteen (15) day period the party required to cure the breach shall not be in default if the party commences the process for curing the breach within such (15) day period and diligently pursues the cure to its conclusion. Any amount paid or any expense or liability incurred by a nondefaulting party in curing the default of the defaulting party shall be reimbursed by the defaulting party within thirty (30) days of 159349097.14 written demand therefor, which demand shall include reasonable documentation of the costs incurred by the nondefaulting party for which it demands reimbursement. Further, if such default shall continue for a period of ninety (90) days after written notice from nondefaulting party and defaulting party has failed to undertake and pursue a cure for such default, the nondefaulting party may forthwith terminate this Agreement, subject to any notice and cure rights of any mortgagee having an interest in the Convention Center, whether secured or unsecured, and all of the terms and conditions hereunder upon written notice to the defaulting party, provided that such default is substantial and material to this Agreement.” 5. Indemnity. To the extent allowed by law, Assignor shall indemnify, hold harmless and defend the Assignee and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignor in connection with the Convention Center Management Agreement, which arise or relate to the period prior to the Effective Date. Assignee shall indemnify, hold harmless and defend the Assignor and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignee in connection with the Convention Center Management Agreement, which arise or relate to the period following the Effective Date. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 8. Further Assurances. Each of the parties hereto shall execute and deliver, at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. 159349097.14 [Signatures Appear on Following Page] [Signature Page to Assignment, Amendment and Assumption Agreement] 159349097.14 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the Effective Date. ASSIGNOR: OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ ASSIGNEE: 1 N. MAIN, LLC, a Delaware limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ CITY: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney 159336454.10 ASSIGNMENT, AMENDMENT AND ASSUMPTION OF LEASE AND PARKING AGREEMENT This Assignment, Amendment and Assumption of Lease and Parking Agreement (this “Agreement”) is made and dated as of _________________, 2023 (the “Effective Date”), by and between OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company (“Assignor”), and 1 N. MAIN, LLC, a Delaware limited liability company (“Assignee”), and the CITY OF OSHKOSH, a municipal corporation (“City”). WITNESSETH: WHEREAS, the City, as lessee, and City Center Associates, LLC, a Wisconsin limited liability company (as successor-in-interest to Park Plaza of Oshkosh, Inc., a Wisconsin corporation, “Ground Lessor”), as lessor, entered into that certain Ground Lease dated August 26, 1985, as amended from time to time, pursuant to which the City leases the real property legally described on Exhibit A hereto (the “Parking Garage Property”); WHEREAS, Assignor is the owner of the parking structure located on the Parking Garage Property (the “Parking Garage”) and pursuant to that that certain Lease and Parking Agreement approved by the City on October 23, 2012 as set forth in City Resolution 12-539 (the “Parking Garage Lease”), Assignor subleases the Parking Garage to the City; WHEREAS, in connection with the sale of the propert y located at 1 North Main Street, Oshkosh, Wisconsin (the “Hotel”), Assignor desires to assign to Assignee, and Assignee desires to accept, Assignor’s right, title, and interest in and to the Parking Garage Lease; WHEREAS, the City desires to acknowledge and consent to the Assignment (as defined below) of the Parking Garage Lease by Assignor to Assignee; and WHEREAS, in connection with the Assignment, the Assignee and the City desire to amend the Parking Garage Lease as more particularly described herein. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. All capitalized terms used in this Agreement but not otherwise defined herein are given the meanings set forth in the Parking Garage Lease. 2. Assignment and Assumption of Parking Garage Lease. Assignor hereby sells, assigns, grants, conveys and transfers to Assignee all of Assignor’s right, title and interest in, to and under the Parking Garage Lease, and Assignee hereby accepts such assignment and assumes all of Assignor’s duties and obligations under the Parking Garage Lease, and agrees to pay, perform and discharge, as and when due, all of the obligations of Assignor under the Parking Garage Lease, (the “Assignment”), but only to the extent that such obligations thereunder are 159336454.10 required to be performed after the Effective Date, were incurred in the ordinary course of business and do not relate to any failure to perform, improper performance, warranty or other breach, default or violation by Assignor on or prior to the Effective Date. All references in the Parking Garage Lease to Assignor shall, after the Effective Date, refer to Assignee. 3. City Consent to Assignment. Pursuant to Section 13 of the Parking Garage Lease, the City hereby consents to the Assignment of the Parking Garage Lease by Assignor to Assignee. The Parking Garage Lease will remain in full force and effect following the consummation of the transactions contemplated by the Purchase Agreement, except as amended hereby. The City also represents and warrants to Assignee and its successors and assigns that the Ground Lessor consented in writing to the Parking Garage Lease, and such consent has not been revoked. 4. Amendments to Parking Garage Lease. In connection with the Assignment, the City and Assignee hereby agree to amend the Parking Garage Lease as described below, effective as of the Effective Date: a. Definitions in Parking Garage Lease. Any reference to “Oshkosh Investors, LLC” in the Parking Garage Lease are hereby deleted and replaced with “1 N. MAIN, LLC”. b. Fees. Section 10 of the Parking Garage Lease is hereby amended as follows: (i) All references to “December 31, 2022” in Section 10 are hereby deleted and replaced with “December 31, 2032”. (ii) The first two sentences of the third paragraph of Section 10 are hereby deleted and replaced with the following: “Prior to December 31, 2032, and prior to the expiration of each ten (10) year anniversary thereafter during the term of this Agreement, the City shall undertake a study of the then current Parking Structure maintenance costs and needs, and the parties shall meet to review such study and the fee structure for the Parking Structure, or to provide another means for payment of the City’s costs for maintenance of the Parking Structure. The parties shall then endeavor to enter into an amendment to this Agreement providing for payment of the anticipated costs related to further maintenance, repair or improvement of the Parking Structure for such succeeding ten (10) year period.” c. Notices. Section 14 of the Parking Garage Lease is hereby deleted in its entirety and replaced with the following: “Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to be an adequate and sufficient notice if given in writing and delivery is made either by (i) personal delivery, (ii) nationally recognized overnight air courier service, or (iii) email, provided that delivery thereof is acknowledged by the receiving party, and to the below addresses. Changes to these addresses shall be 159336454.10 in writing. In addition to formal notification, both parties agree to take reasonable measures to keep the other party informed of issues or questions regarding the Property. FOR 1 N. MAIN, LLC: 1 N. Main, LLC c/o Scarlett Hotel Group One Northbrook Place, Suite 200 Northbrook, IL 60062 Attn: Zio Pekovic Email: zio.pekovic@scarletthotelgroup.com FOR THE CITY: City of Oshkosh c/o City Manager P.O. Box 1130 Oshkosh, WI 54903-1130 Email: citymgr@ci.oshkosh.wi.us” d. The following provision shall be inserted as Section 22 of the Parking Garage Lease: 22. Miscellaneous (a) Estoppel Certificates. From time to time, as requested by the other party, upon not less than ten (10) days’ prior written notice, each party will execute and deliver to the other party (for reliance by such party, its lender or lenders, any prospective purchaser, and their respective successors and assigns) a statement certifying that this Agreement is unmodified and in full force and effect (or if modifications have been made, that the same are in full force and effect as modified and stating the modifications), and stating whether, to the knowledge of the signer, any parties are in default in performance of any of their respective obligations under this Agreement, and if so, specifying each such default of which the signer has knowledge, and such other factual information as may be reasonably requested and pertinent to this Agreement. (b) Right to Encumber. 1 N. MAIN, LLC shall have the right to collaterally assign its rights under this Agreement, to any mortgagee. The mortgagee under any mortgage shall be entitled to receive notice of any default given under this Agreement; provided, however, that such mortgagee has delivered notice of its mortgage to the City. If any notice shall be given to a mortgagee regarding the default of 1 N. MAIN, LLC, then such mortgagee under any mortgage shall have an additional thirty (30) days beyond the date specified in the notice to cure the default specified in said notice, or, if such default cannot be cured within thirty (30) days, to diligently commence curing within such time and diligently cure thereafter, not to exceed an additional thirty (30) days. Mortgagees may jointly or singly pay any sum or take any 159336454.10 other action reasonably necessary to cure any default of 1 N. MAIN, LLC under this Agreement, with the same effect as cure by 1 N. MAIN, LLC itself, which cure by a mortgagee shall be accepted as performance on behalf of 1 N. MAIN, LLC by the City. (c) Assignment. 1 N. MAIN, LLC may assign its rights and obligations under this Agreement to a successor owner of the Hotel or any portion thereof in accordance with Section 13 of this Agreement. 5. Indemnity. To the extent allowed by law, Assignor shall indemnify, hold harmless and defend the Assignee and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignor in connection with the Parking Garage Lease, which arise or relate to the period prior to the Effective Date. Assignee shall indemnify, hold harmless and defend the Assignor and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignee in connection with the Parking Garage Lease which arise or relate to the period following the Effective Date. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 8. Further Assurances. Each of the parties hereto shall execute and deliver a memorandum of this Agreement for recording, and at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. [Signatures Appear on Following Page] [Signature Page to Assignment, Amendment and Assumption Agreement (Parking Lease)] 159336454.10 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the Effective Date. ASSIGNOR: OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ ASSIGNEE: 1 N. MAIN, LLC, a Delaware limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ CITY: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney 159336454.10 EXHIBIT A LEGAL DESCRIPTION PARKING GARAGE PROPERTY 27876718.2 158275412.10 ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“Amendment”) is made as of the ____ day of February, 2023 by and among the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation (the “City”), OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company (the “Oshkosh Investors”), and 1 N. MAIN, LLC, a Delaware limited liability company (“Assignee”). The City and Oshkosh Investors, as original “Developer” entered into a Development Agreement dated as of October 22, 2012 (the “Development Agreement”) with respect to the remodeling, repairing, rehabilitation and reconstruction of a 176 room hotel located at One North Main Street in the City of Oshkosh, Wisconsin (the “Property”). Pursuant to the Development Agreement, the City is paying Oshkosh Investors a City Contribution (as that term is defined in the Development Agreement), which is structured as a “pay as you go” incentive from Annual Tax Increment Surpluses (as that term is defined in the Development Agreement) in an amount not to exceed One Million Dollars ($1,000,000). As of the date of this Amendment, the incentive payments made to Developer total $31,575.41. The City and an affiliate of Oshkosh Investors, OI Management Corporation (“OI Corp”) entered into a separate Development Agreement dated October 22, 2012 (the “OI Development Agreement”) pursuant to which the City made a grant to OI Corp in the amount of Two Million Dollars ($2,000,000), which amount has been disbursed in full to OI Corp. The City and OI Corp have both fully performed their respective obligations under the OI Development Agreement, and as of the date hereof, the OI Development Agreement is being terminated. In connection with such termination, that certain Memorandum of Development Agreement recorded January 16, 2013 as Document No. 1626603 in the Winnebago County, WI Register of Deed’s Office, is hereby terminated, and in furtherance of the foregoing, the City shall cause a termination thereof in recordable form to be executed and delivered to Developer in connection with the sale of the Property. Oshkosh Investors is contemplating the sale of the Property to Assignee, and in connection with such sale, Oshkosh Investors wishes to assign the Development Agreement and its role as “Developer” to Assignee, and Assignee wishes to accept the assignment of the Development Agreement and the role of “Developer.” NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT 1. Assignment and Assumption. Oshkosh Investors hereby sells, assigns, grants, conveys and transfers to Assignee all of Oshkosh Investors’ right, title and interest in, to and under the Development Agreement. Assignee hereby accepts such assignment and assumes all of Oshkosh Investors’ duties and obligations under the Development Agreement and agrees to pay, perform and discharge, as and when due, all of the obligations of Oshkosh Investors under the Development Commented [LL1]: Assignment and Indemnity obligations between Assignor and Assignee 27876718.2 158275412.10 Agreement but only to the extent that such obligations thereunder are required to be performed arising after the date Assignee acquires the Property from Oshkosh Investors (the “Effective Date”), and such obligations were incurred in the ordinary course of business and do not relate to any failure to perform, improper performance, warranty or other breach, default or violation by Oshkosh Investors on or prior to the Effective Date. All references in the Development Agreement to “Developer” shall, after the Effective Date, refer to Assignee. 2. Indemnity of Oshkosh Investors. To the extent allowed by law, Oshkosh Investors shall indemnify, hold harmless and defend the Assignee and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Oshkosh Investors in connection with the Development Agreement, which arise or relate to the period prior to the Effective Date. 3. Indemnity of Assignee. Assignee shall indemnify, hold harmless and defend the Oshkosh Investors and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignee in connection with the Development Agreement, which arise or relate to the period following the Effective Date. B. AMENDMENTS TO DEVELOPMENT AGREEMENT 4. Capitalized terms used herein without definition have the meanings ascribed to them in the Development Agreement. The foregoing recitals are hereby incorporated into this Amendment as if fully set forth herein. 5. The definition of “Annual Tax Increment Deficit” in Section 1(a) is amended in its entirety to read as follows: (a) “Annual Tax Increment Deficit” means the shortfall between (i) Tax Increments received by the City during any calendar year and (ii) the debt service payable by the City during such calendar year on the borrowing necessary to fund the City Contribution and repay an inter-fund loan from TIF #17 plus those costs payable to the City pursuant to Section 8 of this Agreement for such calendar year. 6. The definition of “Annual Tax Increment Surplus” in Section 1(b) is hereby deleted. 7. The definition of “Expiration Date” in Section 1(h) is amended to read as follows: Commented [LL2]: Amended in reference to the proposed upfront payoff of remaining paygo amount and repayment of TIF #17 interfund loan Commented [LL3]: Definition of annual tax increment surplus removed – this definition was used in the original agreement in reference to the amount of the paygo payment each year. 27876718.2 158275412.10 (h) “Expiration Date” means the date upon which the TIF District terminates under Wis. Stat. Sec. 66.1105(7). As of the date hereof, the Expiration Date is currently anticipated to be May 22, 2039. 8. Sections 3(a) and 3(b) are hereby deleted and replaced with the following: “The City agrees to pay Developer the balance of the City Contribution in a lump sum payment of $968,424.59 no later than [April 1, 2023]. The City Contribution, as evidenced by this Agreement, shall be a special and limited obligation of the City and not a general obligation. Notwithstanding anything in this Agreement to the contrary, upon Developer’s receipt of the City Contribution in accordance with the foregoing, the City’s obligation to pay the City Contribution shall be satisfied.” 9. Subsections 3(c), (d) and (e) of Section 3 are hereby deleted. 10. The City acknowledges that all conditions precedent to the payment of the City Contribution were satisfied prior to the date of this Amendment. 11. Subsection (a) of Section 6 is amended by deleting “and/or OI Corp.” 12. Subsections (b), (d), (e), (f), (h), (j), (m), and (n) of Section 6 are hereby deleted. 13. The first sentence of Subsection (k) of Section 6 is deleted and replaced with the following: “The Developer, at its cost and expense, shall at all times operate the Hotel as a full service hotel, in compliance with its franchise or license agreement, and shall maintain, repair and replace (including, without limitation, repairs and replacements of a capital nature) all elements of the Project. 14. Section 7 is hereby amended to delete the third sentence of the second paragraph of Section 7. 15. Section 8 of the Development Agreement is hereby amended to state that the City may deduct Five Thousand and 00/100 Dollars ($5,000.00)(“City Expense Fee”) from the City Contribution to reimburse the City for the City’s reasonable fees, costs, and expenses incurred by the City in connection with the creation, maintenance of, and annual reporting for the TIF District, the development of the TIF District Project plan, the negotiation and preparation of the Agreement (including this Amendment). The City waives payment of the one and one-half percent (1.5%) City Expense Fee, and the City Expense Fee shall not increase. 16. Section 11(a) of the Development Agreement is hereby amended to delete “2016” and replace it with “2023”. 17. Section 11(b) of the Development Agreement is hereby amended to delete “under the OI Development Agreement”. 18. Subsections (d) and (f) of Section 11 are hereby deleted. Commented [LL4]: Removes reference to default under OI management agreement and adds specific date reference Commented [LL5]: Change from original paygo payments to the Developer to the City making a lump sum advance payout of the remaining amount due under original development agreement Commented [LL6]: Removes language related to paygo obligation Commented [LL7]: Removing language related to OI Corp Commented [LL8]: Section 6 in the original agreement is the covenants of the developer section –relate to initial construction and requirement to maintain the then operating structure as to OI Corp and OI Investors Commented [LL9]: Clarification to add that the Developer is required to maintain operation of a full service hotel – replacing reference to the project from previous pro forma Commented [LL10]: Section 7 is the damage and rebuild requirement of the original development agreement, this sentence provided some protection for city to protect previously paid off $2 million up front grant Commented [LL11]: This section amended to flat administrative fee for city Commented [LL12]: Updating date reference in relation to increment guaranty language Commented [LL13]: Updated reference to account for the proposed advanced payout of paygo obligation Commented [LL14]: Removing references to OI Corp and mortgage to secure their performance 27876718.2 158275412.10 19. Subsection (e) of Section 11 is amended by deleting the word “also” from the first sentence thereof. 20. The City will release the Mortgage referenced in Section 11 of the Development Agreement, and in furtherance of the foregoing, the City shall cause a termination thereof in recordable form to be executed and delivered to Developer in connection with the sale of the Property. 21. Subsection (a) of Section 16 is amended by deleting “by OI Corp.” 22. Subsections (d) and (f) of Section 16 are hereby deleted. 23. Section 17 is amended by redesignating Subsection (b) as Subsection (c), and adding a new Subsection (b) as follows: “(b) Levy a special assessment pursuant to Section 11(e), above; or” 24. The addresses for Developer and its counsel set forth in Section 20(d) are hereby deleted and replaced with the following: “If to the Developer: 1 N. Main, LLC c/o Scarlett Hotel Group One Northbrook Place, Suite 200 Northbrook, IL 60062 Attn: Zio Pekovic and Rob Sadoff Email: zio.pekovic@scarletthotelgroup.com and rob.sadoff@scarletthotelgroup.com With a copy to: Perkins Coie LLP 110 North Wacker, Suite 3400 Chicago, IL 60606 Attn: Adam Docks Email: adocks@perkinscoie.com 25. Section 20(m) is hereby deleted. 26. All other terms of the Development Agreement remain in full force and effect. [SIGNATURE PAGES FOLLOW] Commented [LL15]: This was a mortgage intended to insure tax payments necessary for TIF, remaining language allows City to specially assess if there is a tax deficit. Commented [LL16]: Removing default references to failure to complete the original project and defaults by OI Corp Commented [LL17]: Removes reference to OI Corp obligations 27876718.2 158275412.10 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney 27876718.2 158275412.10 OSHKOSH INVESTORS: OSHKOSH INVESTORS, LLC By: OI Management Corporation, its Manager By: Its: ASSIGNEE: 1 N. MAIN, LLC, a Delaware limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ 159349097.14 ASSIGNMENT, AMENDMENT AND ASSUMPTION OF MANAGEMENT AGREEMENT This Assignment, Amendment and Assumption of Management Agreement (this “Agreement”) is made and dated as of February __, 2023 (the “Effective Date”), by and among OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company (“Assignor”), 1 N. MAIN, LLC, a Delaware limited liability company (“Assignee”), and the CITY OF OSHKOSH, a municipal corporation (“City”). WITNESSETH: WHEREAS, the City is the owner of certain property located at 2 North Main Street and commonly known as the Oshkosh Convention Center (the “Convention Center”), which is connected to the Hotel (as defined below); WHEREAS, Assignor and the City entered into that certain Management Agreement dated May 16, 2012, as amended by that Amendment to Management Agreement dated June 10, 2013, and as further amended by that certain Amendment to Management Agreement dated May 16, 2018 (as amended, the “Convention Center Management Agreement”), pursuant to which Assignor has the exclusive right to manage, market, promote and operate the Convention Center; WHEREAS, in connection with the sale of the property located at 1 North Main Street, Oshkosh, Wisconsin (the “Hotel”), Assignor has agreed to assign, and Assignee has agreed to assume, all of Assignor’s rights, title and interests in the Convention Center Management Agreement; WHEREAS, the City desires to acknowledge and consent to the assignment of the Convention Center Management Agreement by Assignor to Assignee; and WHEREAS, in connection with Assignee’s assumption of the Convention Center Management Agreement, the parties wish to amend the Convention Center Management Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. All capitalized terms used in this Agreement but not otherwise defined herein are given the meanings set forth in the Convention Center Management Agreement. 2. Assignment and Assumption. Assignor hereby sells, assigns, grants, conveys and transfers to Assignee all of Assignor’s right, title and interest in, to and under the Convention Center Management Agreement. Assignee hereby accepts such assignment and assumes all of Assignor’s duties and obligations under the Convention Center Management Agreement and agrees to pay, perform and discharge, as and when due, all of the obligations of Assignor under the Convention Center Management Agreement but only to the extent that such obligations thereunder are required to be performed after the Effective Date, were incurred in Commented [LL1]: Assignment and Assumption of the Agreement between current owners (assignors) and prospective purchaser (assignee) 159349097.14 the ordinary course of business and do not relate to any failure to perform, improper performance, warranty or other breach, default or violation by Assignor on or prior to the Effective Date. All references in the Convention Center Management Agreement to Assignor shall, after the Effective Date, refer to Assignee. 3. City Consent. Pursuant to Section 12 of the Convention Center Management Agreement, the City hereby consents to the assignment of the Convention Center Management Agreement by Assignor, and the assumption of it by Assignee. The Convention Center Management Agreement will remain in full force and effect following the consummation of the transactions contemplated by the Purchase Agreement, except as amended hereby. 4. Amendments to Convention Center Management Agreement. In connection with the assignment and assumption of the Convention Center Management Agreement, the City and Operator hereby agree to amend the Convention Center Management Agreement as described below, effective as of the Effective Date: a. Term. The term of the Convention Center Management Agreement currently expires on December 31, 2030. Section 3.c. of the Convention Center Management Agreement is hereby amended to permit renewal of the Convention Center Management Agreement with such amendments and modifications that the parties may agree to in writing for up to ten (10) additional (5) year terms; provided the Operator provides the City no less than one hundred eighty (180) days’ prior written notice of its intent to renew, and such renewal shall be subject to approval by the City, which approval shall not be unreasonably withheld, conditioned or delayed. b. Payments to the City of Oshkosh. Section 4(b) is amended to state that the Operator shall pay six percent (6%) of the annual gross revenue from the operation of the Convention Center to the City as rent for the Convention Center. c. Payments to Oshkosh Area Community Foundation. The OACF loan for the Convention Center improvements has been repaid prior to the date of this Agreement. Section 5 of the Convention Center Management Agreement is hereby deleted in its entirety and replaced with “Intentionally Deleted.” d. Estoppel Certificates. Section 16 shall be amended to add the following Section 16.e.: “Estoppel Certificates. From time to time, as requested by the other party, upon not less than ten (10) days’ prior written notice, each party will execute and deliver to the other party (for reliance by such party, its lender or lenders, any prospective purchaser, and their respective successors and assigns) a statement certifying that the Convention Center Management Agreement is unmodified and in full force and effect (or if modifications have been made, that the same are in full force and effect as modified and stating the modifications), and stating whether, to the knowledge of the signer, any parties are in default in performance of any of their respective obligations under the Convention Center Management Agreement, and if so, specifying each such default of which the signer has knowledge, and such other factual information as may Commented [LL2]: This provision gives City consent to the assignment as required under the current agreement Commented [LL3]: Amendment to extend the current agreement for up to an additional 10 – 5 year terms (50 years – to 2080) City approval is required but may not be unreasonably withheld, conditioned or delayed. Commented [LL4]: Increases city cut of food and beverage to 6% from current 4% (the additional 2% had previously been paid to OACF in repayment of the loan OACF had given in support of the Convention Center Renovation) Commented [LL5]: Loan was paid off in 2022 with ARPA funding received by City 159349097.14 be reasonably requested and pertinent to the Convention Center Management Agreement.” e. Notices. Section 17 of the Convention Center Management Agreement is hereby deleted in its entirety and replaced with the following: “Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to be an adequate and sufficient notice if given in writing and delivery is made either by (i) personal delivery, (ii) nationally recognized overnight air courier service, or (iii) email, provided that delivery thereof is acknowledged by the receiving party, and to the below addresses. Changes to these addresses shall be in writing. In addition to formal notification, both parties agree to take reasonable measures to keep the other party informed of issues or questions regarding the Convention Center. To City: City of Oshkosh c/o City Manager P.O. Box 1130 Oshkosh, WI 54903-1130 Email: citymgr@ci.oshkosh.wi.us To Operator: 1 N. Main, LLC c/o Scarlett Hotel Group One Northbrook Place, Suite 200 Northbrook, IL 60062 Attn: Zio Pekovic Email: zio.pekovic@scarletthotelgroup.com” f. Default. The following Section 18 is hereby added: “Default. In the event that either party hereto shall default in the performance of any of the agreements, conditions, covenants, or terms hereof, the other party may, after fifteen (15) days following written notice to such party, cure such default on the account of the other, provided however that if a breach cannot reasonably be cured within such fifteen (15) day period the party required to cure the breach shall not be in default if the party commences the process for curing the breach within such (15) day period and diligently pursues the cure to its conclusion. Any amount paid or any expense or liability incurred by a nondefaulting party in curing the default of the defaulting party shall be reimbursed by the defaulting party within thirty (30) days of Commented [LL6]: Adding requirement of executing an estoppel certificate on request – an estoppel certificate will tell a potential lender whether or not there are any current defaults on an agreement and is generally sought to comply with lender requirements Commented [LL7]: Adding notification of default language 159349097.14 written demand therefor, which demand shall include reasonable documentation of the costs incurred by the nondefaulting party for which it demands reimbursement. Further, if such default shall continue for a period of ninety (90) days after written notice from nondefaulting party and defaulting party has failed to undertake and pursue a cure for such default, the nondefaulting party may forthwith terminate this Agreement, subject to any notice and cure rights of any mortgagee having an interest in the Convention Center, whether secured or unsecured, and all of the terms and conditions hereunder upon written notice to the defaulting party, provided that such default is substantial and material to this Agreement.” 5. Indemnity. To the extent allowed by law, Assignor shall indemnify, hold harmless and defend the Assignee and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignor in connection with the Convention Center Management Agreement, which arise or relate to the period prior to the Effective Date. Assignee shall indemnify, hold harmless and defend the Assignor and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignee in connection with the Convention Center Management Agreement, which arise or relate to the period following the Effective Date. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 8. Further Assurances. Each of the parties hereto shall execute and deliver, at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. Commented [LL8]: Indemnification provisions between Assignor and Assignee, does not address city 159349097.14 [Signatures Appear on Following Page] [Signature Page to Assignment, Amendment and Assumption Agreement] 159349097.14 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the Effective Date. ASSIGNOR: OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ ASSIGNEE: 1 N. MAIN, LLC, a Delaware limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ CITY: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney 159336454.10 ASSIGNMENT, AMENDMENT AND ASSUMPTION OF LEASE AND PARKING AGREEMENT This Assignment, Amendment and Assumption of Lease and Parking Agreement (this “Agreement”) is made and dated as of _________________, 2023 (the “Effective Date”), by and between OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company (“Assignor”), and 1 N. MAIN, LLC, a Delaware limited liability company (“Assignee”), and the CITY OF OSHKOSH, a municipal corporation (“City”). WITNESSETH: WHEREAS, the City, as lessee, and City Center Associates, LLC, a Wisconsin limited liability company (as successor-in-interest to Park Plaza of Oshkosh, Inc., a Wisconsin corporation, “Ground Lessor”), as lessor, entered into that certain Ground Lease dated August 26, 1985, as amended from time to time, pursuant to which the City leases the real property legally described on Exhibit A hereto (the “Parking Garage Property”); WHEREAS, Assignor is the owner of the parking structure located on the Parking Garage Property (the “Parking Garage”) and pursuant to that that certain Lease and Parking Agreement approved by the City on October 23, 2012 as set forth in City Resolution 12-539 (the “Parking Garage Lease”), Assignor subleases the Parking Garage to the City; WHEREAS, in connection with the sale of the property located at 1 North Main Street, Oshkosh, Wisconsin (the “Hotel”), Assignor desires to assign to Assignee, and Assignee desires to accept, Assignor’s right, title, and interest in and to the Parking Garage Lease; WHEREAS, the City desires to acknowledge and consent to the Assignment (as defined below) of the Parking Garage Lease by Assignor to Assignee; and WHEREAS, in connection with the Assignment, the Assignee and the City desire to amend the Parking Garage Lease as more particularly described herein. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. All capitalized terms used in this Agreement but not otherwise defined herein are given the meanings set forth in the Parking Garage Lease. 2. Assignment and Assumption of Parking Garage Lease. Assignor hereby sells, assigns, grants, conveys and transfers to Assignee all of Assignor’s right, title and interest in, to and under the Parking Garage Lease, and Assignee hereby accepts such assignment and assumes all of Assignor’s duties and obligations under the Parking Garage Lease, and agrees to pay, perform and discharge, as and when due, all of the obligations of Assignor under the Parking Garage Lease, (the “Assignment”), but only to the extent that such obligations thereunder are Commented [LL1]: Assignment/Assumption of the Agreement between the current owners (assignors) and the prospective purchaser (assignee) 159336454.10 required to be performed after the Effective Date, were incurred in the ordinary course of business and do not relate to any failure to perform, improper performance, warranty or other breach, default or violation by Assignor on or prior to the Effective Date. All references in the Parking Garage Lease to Assignor shall, after the Effective Date, refer to Assignee. 3. City Consent to Assignment. Pursuant to Section 13 of the Parking Garage Lease, the City hereby consents to the Assignment of the Parking Garage Lease by Assignor to Assignee. The Parking Garage Lease will remain in full force and effect following the consummation of the transactions contemplated by the Purchase Agreement, except as amended hereby. The City also represents and warrants to Assignee and its successors and assigns that the Ground Lessor consented in writing to the Parking Garage Lease, and such consent has not been revoked. 4. Amendments to Parking Garage Lease. In connection with the Assignment, the City and Assignee hereby agree to amend the Parking Garage Lease as described below, effective as of the Effective Date: a. Definitions in Parking Garage Lease. Any reference to “Oshkosh Investors, LLC” in the Parking Garage Lease are hereby deleted and replaced with “1 N. MAIN, LLC”. b. Fees. Section 10 of the Parking Garage Lease is hereby amended as follows: (i) All references to “December 31, 2022” in Section 10 are hereby deleted and replaced with “December 31, 2032”. (ii) The first two sentences of the third paragraph of Section 10 are hereby deleted and replaced with the following: “Prior to December 31, 2032, and prior to the expiration of each ten (10) year anniversary thereafter during the term of this Agreement, the City shall undertake a study of the then current Parking Structure maintenance costs and needs, and the parties shall meet to review such study and the fee structure for the Parking Structure, or to provide another means for payment of the City’s costs for maintenance of the Parking Structure. The parties shall then endeavor to enter into an amendment to this Agreement providing for payment of the anticipated costs related to further maintenance, repair or improvement of the Parking Structure for such succeeding ten (10) year period.” c. Notices. Section 14 of the Parking Garage Lease is hereby deleted in its entirety and replaced with the following: “Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to be an adequate and sufficient notice if given in writing and delivery is made either by (i) personal delivery, (ii) nationally recognized overnight air courier service, or (iii) email, provided that delivery thereof is acknowledged by the receiving party, and to the below addresses. Changes to these addresses shall be Commented [LL2]: This provision gives City consent to the assignment as required under the current agreement Commented [LL3]: Updating 10 year schedule for review and planning purposes for improvements and necessary fees to support the improvements 159336454.10 in writing. In addition to formal notification, both parties agree to take reasonable measures to keep the other party informed of issues or questions regarding the Property. FOR 1 N. MAIN, LLC: 1 N. Main, LLC c/o Scarlett Hotel Group One Northbrook Place, Suite 200 Northbrook, IL 60062 Attn: Zio Pekovic Email: zio.pekovic@scarletthotelgroup.com FOR THE CITY: City of Oshkosh c/o City Manager P.O. Box 1130 Oshkosh, WI 54903-1130 Email: citymgr@ci.oshkosh.wi.us” d. The following provision shall be inserted as Section 22 of the Parking Garage Lease: 22. Miscellaneous (a) Estoppel Certificates. From time to time, as requested by the other party, upon not less than ten (10) days’ prior written notice, each party will execute and deliver to the other party (for reliance by such party, its lender or lenders, any prospective purchaser, and their respective successors and assigns) a statement certifying that this Agreement is unmodified and in full force and effect (or if modifications have been made, that the same are in full force and effect as modified and stating the modifications), and stating whether, to the knowledge of the signer, any parties are in default in performance of any of their respective obligations under this Agreement, and if so, specifying each such default of which the signer has knowledge, and such other factual information as may be reasonably requested and pertinent to this Agreement. (b) Right to Encumber. 1 N. MAIN, LLC shall have the right to collaterally assign its rights under this Agreement, to any mortgagee. The mortgagee under any mortgage shall be entitled to receive notice of any default given under this Agreement; provided, however, that such mortgagee has delivered notice of its mortgage to the City. If any notice shall be given to a mortgagee regarding the default of 1 N. MAIN, LLC, then such mortgagee under any mortgage shall have an additional thirty (30) days beyond the date specified in the notice to cure the default specified in said notice, or, if such default cannot be cured within thirty (30) days, to diligently commence curing within such time and diligently cure thereafter, not to exceed an additional thirty (30) days. Mortgagees may jointly or singly pay any sum or take any Commented [LL4]: Adding a requirement to provide estoppel certificates on demand to show other party is not in default – an estoppel certificate will tell a potential lender whether or not there are any current defaults and is generally needed to meet lender requirements Commented [LL5]: Adding language to allow the hotel to collaterally assign its rights under the parking agreement to a lender to allow the hotel to more easily obtain financing 159336454.10 other action reasonably necessary to cure any default of 1 N. MAIN, LLC under this Agreement, with the same effect as cure by 1 N. MAIN, LLC itself, which cure by a mortgagee shall be accepted as performance on behalf of 1 N. MAIN, LLC by the City. (c) Assignment. 1 N. MAIN, LLC may assign its rights and obligations under this Agreement to a successor owner of the Hotel or any portion thereof in accordance with Section 13 of this Agreement. 5. Indemnity. To the extent allowed by law, Assignor shall indemnify, hold harmless and defend the Assignee and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignor in connection with the Parking Garage Lease, which arise or relate to the period prior to the Effective Date. Assignee shall indemnify, hold harmless and defend the Assignor and its respective members, partners, affiliates, parent business organizations, subsidiary business organizations, shareholders, officers, directors, beneficiaries, agents, employees, attorneys and representatives and their respective successors and assigns from and against any and all claims, demands, liabilities, injuries, losses, costs, damages, actions and expenses, known or unknown, directly or indirectly, including without limitation, injury or death of persons or damage to or loss of property, arising out of, alleged to have arisen out of, related to, or in connection with, any act or omission of Assignee in connection with the Parking Garage Lease which arise or relate to the period following the Effective Date. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 8. Further Assurances. Each of the parties hereto shall execute and deliver a memorandum of this Agreement for recording, and at the reasonable request of the other party hereto, such additional documents, instruments, conveyances and assurances and take such further actions as such other party may reasonably request to carry out the provisions hereof and give effect to the transactions contemplated by this Agreement. [Signatures Appear on Following Page] Commented [LL6]: Allows assignment by hotel owner to future purchasers, section 13 requires city consent which will not be unreasonably withheld, similar to current requirement Commented [LL7]: Indemnification responsibilities between current owner and buyer, does not address the City [Signature Page to Assignment, Amendment and Assumption Agreement (Parking Lease)] 159336454.10 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the Effective Date. ASSIGNOR: OSHKOSH INVESTORS, LLC, a Wisconsin limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ ASSIGNEE: 1 N. MAIN, LLC, a Delaware limited liability company By: _____________________________________ Name: ___________________________________ Title: ____________________________________ CITY: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney 159336454.10 EXHIBIT A LEGAL DESCRIPTION PARKING GARAGE PROPERTY Assumes Incremental Value of $12,000,000 and the current tax rate of $24.41 THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM 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 A. Rohloff, City Manager DATE: February 10, 2023 RE: 2023 Sustainability Advisory Board Goals BACKGROUND The Sustainability Advisory Board (SAB) and the Oshkosh Common Council participated in a joint meeting on Monday, February 6th to discuss the SAB’s 2023 goals and how they relate to 2023 City Manager Goals set by the Common Council. SAB and Council members engaged in thoughtful conversation and identified multiple ideas that would help both SAB and the City Manager achieve their 2023 goals. Both sets of goals are enclosed for your convenience. ANALYSIS SAB’s 2023 goals are related to educating existing and current city employees on what it means to be sustainable, creating a city Green Team to identify sustainable practices and opportunities within the City, preparing a Green Tier Legacy Annual Report, and applying for a grant to conduct a comprehensive energy plan for the City. The goals identified by SAB align well with the City Manager Goals which will help SAB implement their goals and infuse sustainability practices into the City’s operations. Staff has started to create a Green Team made up of city employees and will establish a base understanding of what sustainable practices the City is already undertaking and what gaps may be present. FISCAL IMPACT In the future, SAB may approach the Common Council with a request to fund a consultant or a grant match in order to achieve their 2023 goals. This request is consistent with the 2023 City Manager Goals. Respectfully Submitted, Mark A. Rohloff City Manager SAB 2023 Goals 1. Sustainability education program for new and existing City of Oshkosh employees a. Staff should have base line knowledge on what it means to be sustainable and how good practices of it can permeate into public government policies and decisions for the good of the community 2. Create Green Tier Legacy annual report a. Assist SAB staff liaison with report by conducting “regular” interdepartmental meetings (green team) with SAB staff liaison: Someone from every city department should attend prepared to discuss what they have accomplished in terms of sustainability or their desires to become more sustainable. b. SAB would like to see what progress the city makes on an annual basis 3. Apply for the Energy Innovation Grant from the Public Service Commission to create a comprehensive energy study/plan for the City of Oshkosh a. Need to gather WPS data for all Municipal buildings/meters 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 11/12/2019 Finance & Public Works Study the feasibility of creating "Lifeline" rates for base level utility usage Rate analysis is completed by PSC and will be on the 2/28/23 agenda.2/28/2023 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. 3/31/2023 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.2/14/2023 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.2/14/2023 11/9/2022 City Manager Graffiti Staff will present analysis of policy at the 2/28/23 meeting.2/28/2023 11/9/2022 City Manager Boards and Commissions Study First Council AdHoc Committee scheduled for 2/10/23.2/14/2023 1/10/2023 DPW/Legal Sanitary District Negotiations Negotiations to resume after holidays; City Attorney to forward brief to Council 2/14/2023 2/14/2023 Council Meeting