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02.28.23 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). REVISED OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN February 28, 2023 CLOSED SESSION (5:00 p.m. Room 404, City Hall) The Common Council may convene into Closed Session to discuss bargaining options, strategy, parameters, and terms related to the negotiation of agreements for TID 43 T. Wall Development with The Mill on Main, LLC pursuant to Section 19.85(1)(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. The Common Council may convene into Closed Session to discuss bargaining options, strategy, parameters, and terms related to the negotiation of agreements for TID 17 City Center Associates LLC, pursuant to Section 19.85(1)(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. OSHKOSH COMMON COUNCIL – FEBRUARY 28, 2023 A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Wojciechowski B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE Trinity Lutheran E. INTRODUCTION OF STAFF Robert Kilday, City Assessor 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.) OSHKOSH COMMON COUNCIL – February 28, 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 (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.) 01. Report of Bills by the Finance Director 02. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 2.14.23 03. Receipt & Filing of Claim filed with the City’s Insurance Company: A.) Tayla Anderson, vehicle tire damage, allegedly caused by a pothole on Viola Avenue 04. Res 23-72 Amend CIP and Award Bid for Public Works Contract No. 23-02 to Carl Bowers & Sons Construction Company, Inc. for West Lincoln Avenue and McKinley Street Reconstruction ($4,036,254.95) 05. Res 23-73 Waive Municipal Code Section 12-8(E) and Approve Agreement Extension to February 28, 2025 for Service Program for Sensus USA Fixed- Base Water Meter Reading Program 06. Res 23-74 Approve Professional Services Agreement with Kane Communications Group for Lead Service Line Inspection Campaign ($148,200.00) 07. Res 23-75 Approve Disposition of Property Located at the Northwest Corner of West 4th Avenue and Michigan Street to Wesenberg Architects (Plan Commission Recommends Approval) 08. Res 23-76 Approve Acceptance of Grant from the Wisconsin Institute on Healthy Aging and a Donation from the Oshkosh Area Community Foundation and Amend 2023 Senior Services Division Operating Budget 09. Res 23-77 Approve Cooperative Purchase of Single Axle Truck Chassis from Packer City International for Streets Division ($80,393.00) 10. Res 23-78 Approve Professional Services Proposal from Lee Recreation LLC for Playground Design and Installation for Roe Park ($196,000.00) 11. Res 23-79 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD ($50,102.11) for the Lincoln/Mckinley project and Traffic Signal Equipment from Traffic and Parking Control Co. for the 9th & Westhaven traffic signal replacement ($80,468.70) 12. Res 23-80 Approve Special Event – Run Away Events to utilize Menominee Park & City streets for the Run Away to the Bay event April 15, 2023 13. Res 23-81 Approve Special Event – Run Away Events to utilize the Riverwalk & City streets for the Oshkosh Half Marathon Relay & 5K Run April 29, 2023 14. Res 23-82 Approve Special Event –Winnebago Audubon Society to utilize Rainbow Memorial Park for the Oshkosh Bird Fest May 6, 2023 OSHKOSH COMMON COUNCIL – February 28, 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 15. Res 23-83 Approve Special Event – Oshkosh Garden Club to utilize the front grounds of the Oshkosh Public Museum for the Oshkosh Garden Club Plant Sale May 20, 2023 16. Res 23-84 Approve Special Event – Vietnam Veterans of America Chapter 437 to utilize City streets to hold the Oshkosh 4th of July Parade July 4, 2023 17. Res 23-85 Approve Special Event – Downtown Oshkosh Business Improvement District (BID) Consortium to utilize Market Street & Opera House Square for the Downtown Chalk Walk August 5, 2023 18. Res 23-86 Appointments to Various Boards and Commissions 19. Res 23-87 Approve Special Class “B” License & Operator Licenses H. ITEMS REMOVED FROM CONSENT AGENDA I. NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) *20. Ord 23-88 Amend Loading zone and parking regulations around Jefferson Elementary School on 11th Avenue and Minnesota Street *21. Ord 23-89 Prohibit right turn on red from westbound 6th Avenue onto Ohio Street *22. Ord 23-90 Add Angled Parking East Side of Bauman Street between Tyler Avenue and Van Buren Avenue in the Vicinity of the Marina Located at 1000 Bauman Street *23. Ord 23-91 Approve Zone Change from Single Family Residential–9 District (SR-9) to Institutional District (I) for Properties Located at 904 Grove Street and 847 Oak Street (Plan Commission Recommends Approval) J. PENDING ORDINANCE 24. Ord 23-92 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 23-93 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 23-94 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 23-95 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 OSHKOSH COMMON COUNCIL – February 28, 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. K. NEW RESOLUTIONS 28. Res 23-96 Authorize Staff to File Water Rate Model with the Public Service Commission of Wisconsin 29. Res 23-97 Approve General Development Plan for a Mixed Multi-Family Residential/Commercial Development on the North Side of West 20th Avenue (Plan Commission Recommends Approval) 30. Res 23-98 Approve Allocation of American Rescue Plan Act (ARPA) Funds to Oshkosh Kids Foundation/Tiny Homes Project L. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 31. Future Agenda Items: 32. Future Workshops: 33. Graffiti Ordinance M. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 34. Report of Council Liaison for Boards & Commissions N. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 35. Professional Services Agreement with Facility Engineering Inc. for Masonry Assessment and Repair for the Oshkosh Public Museum ($27,450.00) 36. Intergovernmental Agreement with Winnebago County for Inter-City Microtransit Service 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 6671 02/17/2023 ADVANTAGE POLICE SUPPLY INC 320.50 6672 02/17/2023 BROOKS TRACTOR INC 540.50 6673 02/17/2023 CENTURYLINK 36.56 6674 02/17/2023 CHEMTRADE CHEMICALS US LLC 3,969.76 6675 02/17/2023 CINTAS CORPORATION 513.07 6676 02/17/2023 CLAREY'S SAFETY EQUIPMENT 677.33 6677 02/17/2023 CONSTELLATION ENERGY SERVICES 4,980.41 6678 02/17/2023 CONVERGENT INSURANCE BROKERS, LLC 4,479.61 6679 02/17/2023 DR HANSEN PLUMBING LLC 150.00 6680 02/17/2023 FIRE APPARATUS & EQUIPMENT INC 4,910.30 6681 02/17/2023 GARROW OIL CORP 24,399.27 6682 02/17/2023 HACH COMPANY 16,013.00 6683 02/17/2023 JAMES RABE 28.82 6684 02/17/2023 J F AHERN CO 304.00 6685 02/17/2023 JFTCO INC 547.79 6686 02/17/2023 KEMIRA WATER SOLUTIONS INC 10,053.67 6687 02/17/2023 KOBUSSEN BUSES LTD 17,067.48 6688 02/17/2023 KWIK TRIP INC 2,564.61 6689 02/17/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 37,881.69 6690 02/17/2023 M10 INC 810.32 6691 02/17/2023 NORTHERN LAKE SERVICE INC 1,697.55 6692 02/17/2023 RUGGED SOLUTIONS AMERICA LLC 6,396.00 6693 02/17/2023 SECURIAN FINANCIAL GROUP INC 21,304.61 6694 02/17/2023 VALLEY VNA HEALTH SYSTEMS INC 2,033.32 6695 02/17/2023 VANGUARD COMPUTERS INC 7,307.00 6696 02/17/2023 WI PUBLIC SERVICE CORP 181,132.76 502330 02/17/2023 A CUNDY PROPERTIES LLC 42.18 502331 02/17/2023 ADAM KRAUSE 34.46 502332 02/17/2023 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00 502333 02/17/2023 ANDREW J PRICKETT 36.62 502334 02/17/2023 ARCHIVESOCIAL 8,388.00 502335 02/17/2023 ASSURANCE TITLE SERVICES INC 55.00 502336 02/17/2023 AT & T 674.03 502337 02/17/2023 BAY TITLE & ABSTRACT 54.64 502338 02/17/2023 BEST WESTERN PREMIER WATERFRONT HOTEL 60.00 502339 02/17/2023 BOUND TREE MEDICAL LLC 453.35 502340 02/17/2023 CAPELLE BROS AND DIEDRICH INC 11,964.30 502341 02/17/2023 CARYN BEHLMAN 70.74 502342 02/17/2023 CASEY KOELBL 42.89 502343 02/17/2023 CHAD DALLMAN 256.52 502344 02/17/2023 CHRISTOPHER J STEUCK 248.38 502345 02/17/2023 CONSERVICE SYNERGY 174.77 502346 02/17/2023 EAST CENTRAL WI REG PLAN COMM 553.07 502347 02/17/2023 GALLS LLC 152.66 502348 02/17/2023 GMS INC 1,763.83 502349 02/17/2023 HASENOHRL DAVID OR JUDY 11.30 502350 02/17/2023 HYDROCLEAN EQUIPMENT INC 1,044.00 502351 02/17/2023 JOHN GREGORIUS 268.25 502352 02/17/2023 KIM KAUTZA 29.34 502353 02/17/2023 KLINK EQUIPMENT 2,340.23 502354 02/17/2023 THE LEAGUE OF WISCONSIN MUNICIPALITIES 25.00 502355 02/17/2023 MEGAN ELLIOTT 361.26 502356 02/17/2023 MERIDIAN RAPID DEFENSE GROUP LLC 99,004.67 502357 02/17/2023 MICHELLE BEHNKE 215.00 502358 02/17/2023 MILWAUKEE RUBBER PRODUCTS 3,274.00 502359 02/17/2023 NEISES DAVID OR CHARLOTTE 95.18 502360 02/17/2023 FOX WOLF WATERSHED ALLIANCE INC 2,500.00 502361 02/17/2023 NORTHEAST WATER PROFESSIONALS ASSOCIATION 180.00 502362 02/17/2023 NORTHERN TELEPHONE &DATA CORP 195.50 502363 02/17/2023 Paul J. Rosenbaum 3,701.25 502364 02/17/2023 POMP'S TIRE SERVICES INC 1,072.28 502365 02/17/2023 PREMIER REAL ESTATE MANAGEMENT LLC 56.83 502366 02/17/2023 RAY MAURER 75.31 502367 02/17/2023 ST RAPHAEL CONFERENCE OF SVDP 92.85 502368 02/17/2023 TDS 38.42 502369 02/17/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 803.93 502370 02/17/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 7.44 502371 02/17/2023 THOMSON REUTERS - WEST 362.79 502372 02/17/2023 TKK ELECTRONICS C/O US BANK NA 330.36 502373 02/17/2023 TOTAL PROPERTY SOLUTIONS LLC 69.98 502374 02/17/2023 UNITED MAILING SERVICE INC 644.45 502375 02/17/2023 UNITED PARCEL SERVICE 119.78 502376 02/17/2023 VENTURA TRENT 87.14 502377 02/17/2023 VERIZON WIRELESS 11,588.29 502378 02/17/2023 WISCONSIN CENTRAL LTD 2,950.00 502379 02/17/2023 WI DEPT OF AGRICULTURE 115.00 502380 02/17/2023 WISCONSIN DEPARTMENT OF JUSTICE 50.00 502381 02/17/2023 WI DEPT OF SAFETY & PRO SVCS 500.00 502382 02/17/2023 WI RURAL WATER ASSOCIATION 615.00 502383 02/17/2023 WISCONSIN MEDIA 1,464.99 513,596.19 CHECK NUMBERCHECK DATE VENDOR NAME AMOUNT 6709 02/24/2023 AIRGAS USA LLC 3,218.82 6710 02/24/2023 ALL ABOUT COMPUTERS INC 640.00 6711 02/24/2023 AURORA HEALTH CARE 1,104.00 6712 02/24/2023 CHEMTRADE CHEMICALS US LLC 3,986.75 6713 02/24/2023 CINTAS CORPORATION 635.77 6714 02/24/2023 CORE AND MAIN LP 2,850.00 6715 02/24/2023 DIGITAL PRINTING INNOVATIONS 400.00 6716 02/24/2023 ENVISIONINK PRINTING SOLUTIONS INC 235.00 6717 02/24/2023 EVOQUA WATER TECHNOLOGIES LLC 10,371.42 6718 02/24/2023 FERGUSON WATERWORKS #1476 1,695.00 6719 02/24/2023 FIRE APPARATUS & EQUIPMENT INC 53.30 6720 02/24/2023 FISCHER ULMAN CONSTRUCTION INC 259,791.78 6721 02/24/2023 FRANK CONTRACTORS LLC 1,960.92 6722 02/24/2023 HAROLD CARPENTER AND COMPLETE OVERHEAD 3,917.95 6723 02/24/2023 HOLIDAY WHOLESALE 182.89 6724 02/24/2023 JEFF FOUST EXCAVATING INC 23,655.60 6725 02/24/2023 JEFFERSON FIRE & SAFETY 267.92 6726 02/24/2023 KEMIRA WATER SOLUTIONS INC 9,605.75 6727 02/24/2023 MACQUEEN EQUIPMENT GROUP 1,594.08 6728 02/24/2023 MCMAHON ASSOCIATES INC 13,010.00 6729 02/24/2023 M10 INC 578.12 6730 02/24/2023 PACKER CITY INTL TRUCKS INC 6,201.87 6731 02/24/2023 PLYMOUTH LUBRICANTS 2,370.50 6732 02/24/2023 PREMISE HEALTH SYSTEMS INC 29,942.12 6733 02/24/2023 RENNING LEWIS AND LACY SC 914.50 6734 02/24/2023 TYLER TECHNOLOGIES INC 29,501.25 6735 02/24/2023 ON TIME EMBROIDERY INC 1,823.00 6736 02/24/2023 WI PUBLIC SERVICE CORP 16,520.38 6737 02/24/2023 WISCONSIN LAW ENFORCEMENT ACCREDITATION GROUP 650.00 6738 02/24/2023 WINNEBAGO COUNTY TREASURER 170.52 6739 02/24/2023 WOLF AND SONS PLUMBING LLC 737.00 502404 02/24/2023 ASL PARTNERS LLC 162.20 502405 02/24/2023 ASSOCIATED BANK OF OSHKOSH 1,850.00 502406 02/24/2023 ASSURANCE TITLE SERVICES INC 165.00 502407 02/24/2023 ASSURANCE TITLE SERVICES INC 87.14 502408 02/24/2023 BAY LAKES COUNCIL BSA 640.00 502409 02/24/2023 BERGSTROM AUBURN HILLS OF OSHKOSH INC 6,748.87 502410 02/24/2023 CFA SOFTWARE 1,795.00 502411 02/24/2023 CONSERVICE SYNERGY 33.19 502412 02/24/2023 D AND K RENTALS 120.00 502413 02/24/2023 DEAN M SMITH 26.44 502414 02/24/2023 EHLERS 4,437.50 502415 02/24/2023 ERIC SHEW 328.30 502416 02/24/2023 FOCUS PROPERTIES LLC 26.67 502417 02/24/2023 GALLS LLC 979.96 502418 02/24/2023 GARTMAN MECHANICAL SERVICES 5,975.64 502419 02/24/2023 GIZMO OSHKOSH LLC 13,817.04 502420 02/24/2023 GUST STEVEN OR CHRISTINE 29.54 502421 02/24/2023 HARMER STEEL PRODUCTS COMPANY 4,470.00 502422 02/24/2023 HENRY SCHEIN INC 2,551.77 502423 02/24/2023 JANSSEN BRAEDEN 600.00 502424 02/24/2023 JASON ELLIS 56.99 502425 02/24/2023 JAMES R KOEPNICK 250.00 502426 02/24/2023 JOE'S POWER CENTER INC 62.96 502427 02/24/2023 A. KALMERTON WELDING SUPPLIES 907.18 502428 02/24/2023 KEVIN SORGE 41.07 502429 02/24/2023 STEVE KRUEGER 25.00 502430 02/24/2023 KUSSMAUL ELECTRONICS CO INC 104.46 502431 02/24/2023 LEIGH SCHUH 108.73 502432 02/24/2023 LUBRICATION ENGINEERS 2,148.35 502433 02/24/2023 LYONS DEN 127.02 502434 02/24/2023 M E E ENTERPRISES 11,500.00 502435 02/24/2023 BRIAN S MCMAHON 38.34 502436 02/24/2023 CLASSIC HOMES BY KUBA LTD 350.00 502437 02/24/2023 Marjorie R. Berrig & Ludwig's Plumbing 5,832.13 502438 02/24/2023 Marjorie R. Berrig & Witzke Electric, Inc. 367.62 502439 02/24/2023 Melissa Palacek 63.00 502440 02/24/2023 OSHKOSH AREA COMMUNITY FOUNDATION 40,000.00 502441 02/24/2023 OSHKOSH AREA HUMANE SOCIETY 597.81 502442 02/24/2023 OSHKOSH AREA SCHOOL DISTRICT 4,435.16 502443 02/24/2023 OSHKOSH HOUSING AUTHORITY 1,550.00 502444 02/24/2023 PARAGON DEVELOPMENT SYSTEMS INC 85,893.25 502445 02/24/2023 PARK 'N PRINT INC 112.50 502446 02/24/2023 POMP'S TIRE SERVICES INC 140.67 502447 02/24/2023 PROTANIC INC 470.00 502448 02/24/2023 PUBLIC SERVICE COMMISSION OF WI 1,605.28 502449 02/24/2023 RIDGE TOP EXTERIORS INC 22,781.96 502450 02/24/2023 STATE BAR OF WISCONSIN 88.94 502451 02/24/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 15.94 502452 02/24/2023 TITAN PROPERTY MANAGEMENT LLC 160.14 502453 02/24/2023 UNITED PARCEL SERVICE 86.60 502454 02/24/2023 USDA-APHIS-WILDLIFE SERVICES 1,494.00 502455 02/24/2023 VALLEY SAFETY SRVCS ASSOC INC 43.00 502456 02/24/2023 WI DEPT OF SAFETY & PRO SVCS 1,575.00 502457 02/24/2023 WOLVERINE FIREWORKS DISPLAY 20,000.00 676,463.57 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN February 14, 2023 REGULAR MEETING held Tuesday, February 14, 2023 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Bill Miller (arrived 6:05), Aaron Wojciechowski (arrived 6:02), Lynnsey Erickson, Michael Ford, Matt Mugerauer, Courtney Hansen, and Mayor Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Public Works Director PROCLAMATIONS: NONE CITIZEN STATEMENTS TO COUNCIL: Matt Mikkelsen, 906 Winnebago Ave., spoke regarding the snow shoveling regulations in the City as they relate to homeowners being charged if snow is not cleared within the timeframe set by the city. CONSENT AGENDA ITEMS 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) 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) 2 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 MOTION TO ADOPT CONSENT AGENDA excluding Res. 23.59: Mugerauer, second Ford CARRIED: Ayes (6) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri ITEMS REMOVED FROM CONSENT AGENDA 20. Res 23-59 Award Bid to Creative Sign Company for Electronic Message Center for Oshkosh Convention Center ($46,980.00) MOTION TO ADOPT ITEMS REMOVED FROM CONSENT AGENDA – Res. 23-59: Hansen, second Mugerauer CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri 3 NEW ORDINANCES 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) FIRST READING – No Action Taken 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) FIRST READING – No Action Taken 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) FIRST READING – No Action Taken 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 FIRST READING – No Action Taken Pat Purtell, 5060 Islandview Drive and member of the Tavern League spoke in regards to the Beer Garden regulation. 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) MOTION TO SUSPEND THE RULES AND ADOPT AFTER FIRST READING: Mugerauer, second Miller CARRIED: Ayes (7), Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri. 4 MOTION TO APPROVE: Ford, second Mugerauer CARRIED: Ayes (7), Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri. 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) MOTION TO APPROVE: Erickson, second Mugerauer CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri NEW RESOLUTIONS 30. Res 23-69 Approve Creation of Ad Hoc Committee to Solicit Input on the City’s Clearwells Replacement Project Aesthetic Features MOTION TO AMEND Res 23-69 to include a 5th Task, “Provide a recommendation on how to incorporate educational and/or historical elements relating to water into the final project”: Ford, second Wojciechowski CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri MOTION TO APPROVE AS AMENDED: Erickson, second Hansen CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri 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 MOTION TO APPROVE: Ford; second Erickson LOST: Noes (6) Miller, Wojciechowski, Ford, Mugerauer, Hansen, and Mayor Palmeri Ayes (1) Erickson 32. Res 23-71 Approve Assignments, Assumptions and Amendments to: A) TIF #25 Development Agreement, B) Convention Center Management Agreement, and 5 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 MOTION TO APPROVE: Wojciechowski, second Hansen CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, and Mayor Palmeri 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: None COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 35. Council member Wojciechowski spoke of the Sustainability Advisory Board and City Council joint meeting; their goals and discussions. He also updated members on the Chamber Outlook breakfast. Mayor Palmeri invited people to apply for the new Clearwells Ad Hoc committee. She also thanked the Parks Advisory Board volunteers and noted that we need members for the Bike / Pedestrian committee. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 36. Sustainability Advisory Board 2023 Goals 37. Outstanding Issues: A. Special Assessments – other options to pursue B. Lifeline Rates C. Graffiti ordinance ADJOURN MOTION TO ADJOURN: Ford, second Wojciechowski CARRIED: VOICE VOTE The meeting adjourned at 7:12pm . JESSI L. BALCOM CITY CLERK FEBRUARY 28, 2023 23-72 RESOLUTION (CARRIED 6 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AMEND CIP AND AWARD BID FOR PUBLIC WORKS CONTRACT NO. 23-02 TO CARL BOWERS & SONS CONSTRUCTION COMPANY, INC. FOR WEST LINCOLN AVENUE AND MCKINLEY STREET RECONSTRUCTION ($4,036,254.95) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised for bids for the West Lincoln Avenue and McKinley Street Reconstruction; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: CARL BOWERS & SONS CONSTRUCTION CO., INC. N1844 Maloney Road Kaukauna, WI 54130 Total Bid: $4,036,254.95 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: Transfer $40,000.00 from Account No. 03210410-6802-04105 (Contract Control- Sanitary Sewer-21-05 Ceape Avenue Reconstruction) to Account No. 03210410- 6802-04302 (Contract Control-Sanitary Sewer-23-02 W Lincoln/McKinley Reconst). FEBRUARY 28, 2023 23-72 RESOLUTION CONT’D Transfer $35,000.00 from Account No. 03210410-6809-04104 (Contract Control- Traffic-21-04 West 9th Avenue Reconst) to Account No. 03210410-6809-04302 (Contract Control-Traffic-23-02 W Lincoln/McKinley Reconst). 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: Acct. Nos. 03210410-6803-04302 Contract Control-Water Main-23-02 W Lincoln/McKinley Reconst 03210410-6804-04302 Contract Control-Storm Sewer-23-02 W Lincoln/McKinley Reconst 03210410-6806-04302 Contract Control-Sidewalk-23-02 W Lincoln/McKinley Reconst 03210410-6809-04302 Contract Control-Traffic-23-02 W Lincoln/McKinley Reconst 03210410-6810-04309 Contract Control-Admin-23-02 W Lincoln/McKinley Reconst 02240801-7204-15241 ARPA – Traffic-Machinery & Equipment— ARPA – Infrastruc/CIP -2022 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln- McKinley\Project_Information\Correspondence\Memo\23-02 Memo for Bid Award & Amend CIP_2-23-23.docx Page 1 of 3 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: February 23, 2023 RE: Amend CIP and Award Bid for Public Works Contract No. 23-02 to Carl Bowers & Sons Construction Company, Inc. for West Lincoln Avenue and McKinley Street Reconstruction ($4,036,254.95) BACKGROUND The purpose of this Project is to reconstruct West Lincoln Avenue, from Elmwood Avenue to Jackson Street, and McKinley Street, from West Lincoln Avenue to Scott Avenue. Sanitary sewer and laterals, water main and laterals, and storm sewer and laterals will be installed, replaced, or repaired, as needed, prior to placing the concrete pavement. Defective sidewalk squares, including those that do not meet the Americans with Disabilities Act (ADA) requirements, will be repaired during the Project, and new concrete driveway aprons will be constructed, provided property owners have returned the Construction Access Agreement the City mailed to them. Sidewalks and drive aprons abutting properties whose property owners have not returned the Construction Access Agreement will have partial sidewalk sections removed and patched. In 2024, property owners will be responsible for repairing drive aprons and all patched and non-ADA compliant sidewalks that cannot be constructed with this Project. Additional work under this Contract includes calming of traffic at the intersection of Mockingbird Way and Sawyer Creek Drive, and traffic signal installation at the intersection of South Westhaven Drive and West 9th Avenue. ANALYSIS Engineering staff reviewed four (4) bids. The low Bid was received from Carl Bowers & Sons Construction Company, Inc. of Kaukauna, Wisconsin. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln- McKinley\Project_Information\Correspondence\Memo\23-02 Memo for Bid Award & Amend CIP_2-23-23.docx Page 2 of 3 FISCAL IMPACT Funding for the West Lincoln Avenue and McKinley Street Reconstruction Project, the Mockingbird Way Traffic Calming Project, and the South Westhaven Drive and West 9th Avenue Traffic Signal Installation Project are in the 2023 Capital Improvement Program (CIP) (Account No. 03210410-6801-04302/Contract Control-Paving-23-02 W Lincoln/McKinley Reconst, 03210410-6802-04302/Contract Control-Sanitary Sewer-23-02 W Lincoln/McKinley Reconst, 03210410-6803-04302/Contract Control-Water Main-23-02 W Lincoln/McKinley Reconst, 03210410-6804-04302/Contract Control-Storm Sewer-23-02 W Lincoln/McKinley Reconst, 03210410-6806-04302/Contract Control-Sidewalk-23-02 W Lincoln/McKinley Reconst, 03210410-6809-04302/Contract Control-Traffic-23-02 W Lincoln/McKinley Reconst, 03210410-6810-04309-Contract Control-Admin-23-02 W Lincoln/McKinley Reconst), 02240801-7204-15241/ARPA – Traffic-Machinery & Equipment—ARPA – Infrastruc/CIP -2022). Additional funding for the sanitary sewer and traffic portions of this Project is available from CIP Projects which have come in under budget: $40,000 will be transferred from Account No. 03210410-6802-04105 (Contract Control- Sanitary Sewer-21-05 Ceape Avenue Reconstruction) and transferred to Account No. 03210410-6802-04302 (Contract Control-Sanitary Sewer-23-02 W Lincoln/McKinley Reconst). $35,000 will be transferred from Account No. 03210410-6809-04104 (Contract Control- Traffic-21-04 West 9th Avenue Reconst) and transferred to Account No. 03210410-6809- 04302 (Contract Control-Traffic-23-02 W Lincoln/McKinley Reconst). 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. Special Assessments will be levied to adjoining property owners per the City’s Special Assessment Policy. CIP Section CIP Funds Budgeted/Transferred Estimated Total Construction Cost Streets $1,467,100 $1,202,591 Storm Sewer $1,100,500 $1,038,177 Sanitary Sewer $1,029,400 $1,016,174 Water Main $1,172,700 $794,039 Sidewalk $165,600 $69,250 Traffic $360,000 $350,000 Transportation $200,000 $160,606 Admin $6,000 $6,000 Totals $5,501,300 $4,636,837 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln- McKinley\Project_Information\Correspondence\Memo\23-02 Memo for Bid Award & Amend CIP_2-23-23.docx Page 3 of 3 RECOMMENDATIONS I recommend award to the low bidder, Carl Bowers & Sons Construction Company, Inc. in the amount of $4,036,254.95. Approved: Mark A. Rohloff City Manager JLG/tlt Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $4,036,254.95 $4,168,111.10 1011 Clearing; complete as specified Inch Diameter 390.00 $38.00 $14,820.00 $10.50 $4,095.00 1021 Grubbing; complete as specified Inch Diameter 390.00 $20.00 $7,800.00 $31.50 $12,285.00 1050 Mobilization; complete as specified Lump Sum 1.00 $140,000.00 $140,000.00 $200,000.00 $200,000.00 1100 Removing pavement; complete as specified Square Yards 1,430.00 $5.00 $7,150.00 $10.50 $15,015.00 1110 Removing curb and gutter; complete as specified Linear Feet 4,700.00 $3.00 $14,100.00 $0.01 $47.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 34,300.00 $0.60 $20,580.00 $0.68 $23,324.00 1200 Unclassified excavation; complete as specified Cubic Yards 4,400.00 $16.00 $70,400.00 $20.11 $88,484.00 1220 Excavation special (paving); complete as specified Tons 650.00 $0.01 $6.50 $0.01 $6.50 1301 7" concrete pavement; with 5" CABC and grading; complete as specified Square Yards 7,300.00 $46.60 $340,180.00 $49.11 $358,503.00 1303 7" concrete pavement HES; with 5" CABC and grading; complete as specified Square Yards 1,160.00 $50.60 $58,696.00 $53.31 $61,839.60 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 470.00 $99.50 $46,765.00 $101.54 $47,723.80 Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 1 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 1313 8" concrete pavement HES; with 6" CABC and grading; complete as specified Square Yards 350.00 $78.50 $27,475.00 $83.53 $29,235.50 1315 8" concrete pavement doweled; HES; with 6" CABC and grading; complete as specified Square Yards 95.00 $82.50 $7,837.50 $87.73 $8,334.35 1319 8" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 295.00 $130.30 $38,438.50 $133.98 $39,524.10 1334 Concrete pavement gaps; complete as specified Each 3.00 $1,000.00 $3,000.00 $1,050.00 $3,150.00 1335 Concrete pavement approach slab; HES; complete as specified Square Yards 110.00 $230.00 $25,300.00 $267.75 $29,452.50 1340 Crushed aggregate base course; complete as specified Tons 1,290.00 $15.00 $19,350.00 $15.75 $20,317.50 1350 Pavement ties; complete as specified Each 130.00 $8.00 $1,040.00 $8.40 $1,092.00 1352 Drilled dowel bars; 1"; complete as specified Each 63.00 $13.00 $819.00 $13.65 $859.95 1354 Drilled dowel bars; 1 1/4"; complete as specified Each 82.00 $17.00 $1,394.00 $17.85 $1,463.70 1360 Adjust manholes and inlets; complete as specified Each 93.00 $375.00 $34,875.00 $393.75 $36,618.75 1370 Turf restoration; complete as specified Square Yards 4,300.00 $9.00 $38,700.00 $8.40 $36,120.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 230.00 $20.00 $4,600.00 $21.00 $4,830.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 2 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 1,430.00 $0.01 $14.30 $2.10 $3,003.00 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 280.00 $0.01 $2.80 $10.50 $2,940.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 800.00 $15.00 $12,000.00 $15.75 $12,600.00 1440 30" curb and gutter; 7"; with 5" CABC and grading; complete as specified Linear Feet 300.00 $48.00 $14,400.00 $49.35 $14,805.00 1460 Sidewalk curb; complete as specified Linear Feet 320.00 $45.00 $14,400.00 $47.25 $15,120.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 15,900.00 $6.80 $108,120.00 $8.66 $137,694.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 15,500.00 $7.80 $120,900.00 $9.71 $150,505.00 1514 6" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 480.00 $8.15 $3,912.00 $10.08 $4,838.40 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 730.00 $8.45 $6,168.50 $10.40 $7,592.00 1524 8" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 350.00 $9.15 $3,202.50 $11.13 $3,895.50 1530 6" concrete step; complete as specified Square Feet 510.00 $70.00 $35,700.00 $72.45 $36,949.50 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 3 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 480.00 $32.00 $15,360.00 $33.60 $16,128.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 4,320.00 $2.00 $8,640.00 $2.10 $9,072.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 290.00 $7.00 $2,030.00 $7.35 $2,131.50 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 5,100.00 $0.01 $51.00 $0.89 $4,539.00 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 1,800.00 $0.01 $18.00 $1.47 $2,646.00 1584 Cold weather covering (sidewalk) - double visquine with 6" hay; complete as specified Square Feet 1,800.00 $0.01 $18.00 $2.57 $4,626.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 95.00 $0.01 $0.95 $26.25 $2,493.75 1600 Furnish and install tree; complete as specified Each 19.00 $550.00 $10,450.00 $577.50 $10,972.50 1650 Locate existing property monuments; complete as specified Each 18.00 $150.00 $2,700.00 $49.46 $890.28 1652 Replace existing property monuments; complete as specified Each 18.00 $50.00 $900.00 $60.59 $1,090.62 1700 Sawing existing pavement; complete as specified Linear Feet 1,230.00 $2.00 $2,460.00 $2.63 $3,234.90 1710 Sawing concrete pavement full depth; complete as specified Linear Feet 460.00 $3.00 $1,380.00 $4.20 $1,932.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 4 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 1900 Tack coat; complete as specified Gallons 45.00 $8.00 $360.00 $8.24 $370.80 1906 4" asphaltic pavement LT with 10" CABC and grading; complete as specified Square Yards 50.00 $60.00 $3,000.00 $87.94 $4,397.00 1911 4" asphaltic transition LT with 10" CABC and grading; complete as specified Square Yards 580.00 $56.00 $32,480.00 $55.65 $32,277.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 115.00 $54.00 $6,210.00 $64.47 $7,414.05 1917 2" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 100.00 $54.00 $5,400.00 $49.25 $4,925.00 1918 Asphaltic cold weather paving; complete as specified Square Yards 125.00 $0.01 $1.25 $57.75 $7,218.75 2002 Furnish and install 10" storm sewer; complete as specified Linear Feet 32.00 $83.00 $2,656.00 $70.00 $2,240.00 2003 Furnish and install 12" storm sewer; complete as specified Linear Feet 659.40 $75.00 $49,455.00 $62.00 $40,882.80 2006 Furnish and install 15" storm sewer; complete as specified Linear Feet 307.90 $80.00 $24,632.00 $75.00 $23,092.50 2009 Furnish and install 18" storm sewer; complete as specified Linear Feet 289.20 $85.00 $24,582.00 $80.00 $23,136.00 2015 Furnish and install 24" storm sewer; complete as specified Linear Feet 158.00 $110.00 $17,380.00 $114.00 $18,012.00 2018 Furnish and install 27" storm sewer; complete as specified Linear Feet 140.00 $113.00 $15,820.00 $130.00 $18,200.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 5 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 2024 Furnish and install 36" storm sewer; complete as specified Linear Feet 178.90 $162.00 $28,981.80 $170.00 $30,413.00 2027 Furnish and install 42" storm sewer; complete as specified Linear Feet 197.60 $185.00 $36,556.00 $195.00 $38,532.00 2030 Furnish and install 48" storm sewer; complete as specified Linear Feet 926.90 $240.00 $222,456.00 $235.00 $217,821.50 2049 Furnish and install 24" x 38" HERCP Class III storm sewer; complete as specified Linear Feet 331.40 $170.00 $56,338.00 $180.00 $59,652.00 2200 Furnish and install standard storm sewer manhole (2' diameter); complete as specified Vertical Feet 3.29 $600.00 $1,974.00 $490.00 $1,612.10 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 53.95 $500.00 $26,975.00 $585.00 $31,560.75 2202 Furnish and install standard storm sewer manhole (5' diameter); complete as specified Vertical Feet 1.00 $850.00 $850.00 $585.00 $585.00 2203 Furnish and install standard storm sewer manhole (6' diameter); complete as specified Vertical Feet 32.76 $1,100.00 $36,036.00 $1,125.00 $36,855.00 2204 Furnish and install standard storm sewer manhole (7' diameter); complete as specified Vertical Feet 28.76 $1,350.00 $38,826.00 $1,190.00 $34,224.40 2205 Furnish and install standard storm sewer manhole (8' diameter); complete as specified Vertical Feet 7.56 $1,700.00 $12,852.00 $1,510.00 $11,415.60 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 6 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 2213 Furnish and install standard storm sewer inlet manhole (4' diameter); complete as specified Vertical Feet 19.43 $600.00 $11,658.00 $750.00 $14,572.50 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 41.00 $2,700.00 $110,700.00 $2,900.00 $118,900.00 2400 Furnish and install 6" storm sewer lateral; complete as specified Linear Feet 1,258.00 $64.00 $80,512.00 $76.00 $95,608.00 2402 Furnish and install 8" storm sewer lateral; complete as specified Linear Feet 74.00 $72.00 $5,328.00 $80.00 $5,920.00 2404 Furnish and install storm sewer marker balls; complete as specified Each 86.00 $30.00 $2,580.00 $30.00 $2,580.00 2406 Furnish and install storm sewer clay dams; complete as specified Each 43.00 $100.00 $4,300.00 $75.00 $3,225.00 2408 Furnish and install storm sewer lateral inlet; complete as specified Each 42.00 $900.00 $37,800.00 $1,000.00 $42,000.00 2414 Storm lateral inlet adjustments; complete as specified Each 9.00 $150.00 $1,350.00 $250.00 $2,250.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 67.00 $100.00 $6,700.00 $90.00 $6,030.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 4.00 $10.00 $40.00 $10.00 $40.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 130.00 $10.00 $1,300.00 $12.00 $1,560.00 2750 Rock excavation; complete as specified Cubic Yards 10.00 $0.01 $0.10 $0.01 $0.10 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 7 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 169.00 $15.00 $2,535.00 $10.00 $1,690.00 2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 10.00 $20.00 $200.00 $25.00 $250.00 2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 786.50 $25.00 $19,662.50 $32.00 $25,168.00 2810 Abandon storm sewer manholes and inlets; complete as specified Each 1.00 $400.00 $400.00 $400.00 $400.00 2812 Remove storm sewer manholes and inlets; complete as specified Each 22.00 $500.00 $11,000.00 $500.00 $11,000.00 2850 Connect to existing storm sewer main; complete as specified Each 12.00 $800.00 $9,600.00 $1,200.00 $14,400.00 2852 Connect to existing storm sewer lateral; complete as specified Each 4.00 $200.00 $800.00 $200.00 $800.00 2856 Connect to existing storm sewer manhole; complete as specified Each 3.00 $500.00 $1,500.00 $1,500.00 $4,500.00 2914 Storm sewer utility line opening (ULO); complete as specified Each 3.00 $600.00 $1,800.00 $750.00 $2,250.00 2950 Excavation special (storm); complete as specified Tons 25.00 $15.00 $375.00 $20.00 $500.00 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 1,675.00 $170.00 $284,750.00 $130.00 $217,750.00 3002 Furnish and install 10" sanitary sewer (relay); complete as specified Linear Feet 570.00 $240.00 $136,800.00 $170.00 $96,900.00 3004 Furnish and install 12" sanitary sewer (relay); complete as specified Linear Feet 30.00 $260.00 $7,800.00 $200.00 $6,000.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 8 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 3012 Furnish and install 24" sanitary sewer (relay); complete as specified Linear Feet 20.00 $300.00 $6,000.00 $450.00 $9,000.00 3060 Furnish and install 8" sanitary sewer drop; complete as specified Vertical Feet 30.50 $500.00 $15,250.00 $525.00 $16,012.50 3062 Furnish and install 10" sanitary sewer drop; complete as specified Vertical Feet 6.00 $550.00 $3,300.00 $600.00 $3,600.00 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 195.00 $450.00 $87,750.00 $390.00 $76,050.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 15.00 $450.00 $6,750.00 $500.00 $7,500.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 2.00 $425.00 $850.00 $400.00 $800.00 3136 Rebuild sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 9.00 $500.00 $4,500.00 $1,000.00 $9,000.00 3160 Pour and reshape manhole bench; complete as specified Each 1.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 3210 Furnish and install 8" x 6" sanitary sewer factory wyes or tees; complete as specified Each 36.00 $300.00 $10,800.00 $200.00 $7,200.00 3212 Furnish and install 10" x 6" sanitary sewer factory wyes or tees; complete as specified Each 8.00 $350.00 $2,800.00 $300.00 $2,400.00 3214 Furnish and install 12" x 6" sanitary sewer factory wyes or tees; complete as specified Each 1.00 $500.00 $500.00 $400.00 $400.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 9 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 3222 Furnish and install 6" sanitary sewer "Insert-A- Tee" or "Kor-N-Tee"; complete as specified Each 3.00 $1,200.00 $3,600.00 $300.00 $900.00 3232 Furnish and install 6" sanitary sewer laterals (new); complete as specified Linear Feet 35.00 $104.00 $3,640.00 $109.00 $3,815.00 3233 Furnish and install 6" sanitary sewer riser (new); complete as specified Linear Feet 9.00 $110.00 $990.00 $130.00 $1,170.00 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 1,529.00 $100.00 $152,900.00 $109.00 $166,661.00 3235 Furnish and install 4"/6" sanitary sewer riser (relay); complete as specified Linear Feet 201.00 $106.00 $21,306.00 $130.00 $26,130.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 98.00 $30.00 $2,940.00 $30.00 $2,940.00 3238 Furnish and install clay dams; complete as specified Each 49.00 $100.00 $4,900.00 $75.00 $3,675.00 3302 Furnish and install connection to existing 10" sanitary sewer mains; complete as specified Each 1.00 $1,600.00 $1,600.00 $1,500.00 $1,500.00 3304 Furnish and install connection to existing 12" sanitary sewer mains; complete as specified Each 3.00 $1,800.00 $5,400.00 $2,500.00 $7,500.00 3312 Furnish and install connection to existing 24" sanitary sewer mains; complete as specified Each 2.00 $2,500.00 $5,000.00 $3,500.00 $7,000.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 10 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 1.00 $500.00 $500.00 $750.00 $750.00 3402 Furnish and install 8" sanitary sewer open cut casing pipes; complete as specified Linear Feet 110.00 $150.00 $16,500.00 $125.00 $13,750.00 3600 Rock excavation; complete as specified Cubic Yards 25.00 $150.00 $3,750.00 $0.01 $0.25 3700 Closed circuit televising; complete as specified Linear Feet 2,275.00 $2.00 $4,550.00 $2.00 $4,550.00 3710 Closed circuit televising - using push camera; complete as specified Each 4.00 $250.00 $1,000.00 $300.00 $1,200.00 3800 Abandon sanitary sewer manholes; complete as specified Each 2.00 $400.00 $800.00 $500.00 $1,000.00 3806 Abandon 12" sanitary sewer; complete as specified Linear Feet 1,008.00 $30.00 $30,240.00 $12.00 $12,096.00 3852 Remove sanitary sewer manholes; complete as specified Each 7.00 $800.00 $5,600.00 $600.00 $4,200.00 3854 Remove sanitary sewer; complete as specified Linear Feet 380.00 $30.00 $11,400.00 $45.00 $17,100.00 3890 Sanitary sewer utility line opening (ULO); complete as specified Each 2.00 $600.00 $1,200.00 $750.00 $1,500.00 4000 Furnish and install 4" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 30.00 $126.00 $3,780.00 $120.00 $3,600.00 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 215.00 $155.00 $33,325.00 $130.00 $27,950.00 4004 Furnish and install 8" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 2,570.00 $125.00 $321,250.00 $120.00 $308,400.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 11 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 4008 Furnish and install 12" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 12.00 $200.00 $2,400.00 $150.00 $1,800.00 4036 Furnish and install 1" water service (relay); complete as specified Linear Feet 1,227.00 $80.00 $98,160.00 $95.00 $116,565.00 4037 Furnish and install 1-1/4" water service (relay); complete as specified Linear Feet 70.00 $86.00 $6,020.00 $100.00 $7,000.00 4040 Furnish and install 2" water service (relay); complete as specified Linear Feet 28.00 $100.00 $2,800.00 $110.00 $3,080.00 4048 Furnish and install 1" corporation and stop box; complete as specified Each 40.00 $600.00 $24,000.00 $450.00 $18,000.00 4050 Furnish and install 1-1/4" corporation and stop box; complete as specified Each 2.00 $1,200.00 $2,400.00 $1,000.00 $2,000.00 4053 Furnish and install 2" corporation and stop box; complete as specified Each 1.00 $1,800.00 $1,800.00 $1,500.00 $1,500.00 4055 Furnish and install water service clay dams; complete as specified Each 43.00 $100.00 $4,300.00 $75.00 $3,225.00 4056 Furnish and install connections to existing 4" water main; complete as specified Each 1.00 $1,800.00 $1,800.00 $2,000.00 $2,000.00 4058 Furnish and install connections to existing 6" water main; complete as specified Each 6.00 $1,800.00 $10,800.00 $2,250.00 $13,500.00 4060 Furnish and install connections to existing 8" water main; complete as specified Each 2.00 $2,000.00 $4,000.00 $2,500.00 $5,000.00 4064 Furnish and install connections to existing 12" water main; complete as specified Each 2.00 $2,800.00 $5,600.00 $3,000.00 $6,000.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 12 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 4101 Furnish and install 6" x 6" water main tee; complete as specified Each 1.00 $530.00 $530.00 $515.00 $515.00 4110 Furnish and install 8" x 6" water main tee; complete as specified Each 4.00 $720.00 $2,880.00 $710.00 $2,840.00 4111 Furnish and install 8" x 8" water main tee; complete as specified Each 2.00 $735.00 $1,470.00 $730.00 $1,460.00 4129 Furnish and install 12" x 8" water main tee; complete as specified Each 1.00 $1,150.00 $1,150.00 $1,200.00 $1,200.00 4189 Furnish and install 8" x 8" water main cross; complete as specified Each 3.00 $1,000.00 $3,000.00 $1,050.00 $3,150.00 4219 Furnish and install 8" 11- 1/4 degree water main bend; complete as specified Each 1.00 $450.00 $450.00 $410.00 $410.00 4228 Furnish and install 8" 22- 1/2 degree water main bend; complete as specified Each 2.00 $470.00 $940.00 $425.00 $850.00 4235 Furnish and install 4" 45 degree water main bend; complete as specified Each 5.00 $250.00 $1,250.00 $225.00 $1,125.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 28.00 $330.00 $9,240.00 $315.00 $8,820.00 4237 Furnish and install 8" 45 degree water main bend; complete as specified Each 10.00 $420.00 $4,200.00 $430.00 $4,300.00 4255 Furnish and install 8" water main cap; complete as specified Each 1.00 $275.00 $275.00 $275.00 $275.00 4263 Furnish and install 8" x 4" water main reducer; complete as specified Each 1.00 $400.00 $400.00 $340.00 $340.00 4264 Furnish and install 8" x 6" water main reducer; complete as specified Each 6.00 $420.00 $2,520.00 $365.00 $2,190.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 13 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 4350 Cut and cap existing 4" water main; complete as specified Each 2.00 $800.00 $1,600.00 $1,250.00 $2,500.00 4352 Cut and cap existing 6" water main; complete as specified Each 2.00 $800.00 $1,600.00 $1,500.00 $3,000.00 4354 Cut and cap existing 8" water main; complete as specified Each 2.00 $900.00 $1,800.00 $1,750.00 $3,500.00 4401 Furnish and install 6" water main gate valve; complete as specified Each 5.00 $2,050.00 $10,250.00 $2,100.00 $10,500.00 4402 Furnish and install 8" water main gate valve; complete as specified Each 20.00 $2,900.00 $58,000.00 $3,075.00 $61,500.00 4404 Furnish and install 12" water main gate valve; complete as specified Each 2.00 $5,000.00 $10,000.00 $5,200.00 $10,400.00 4500 Furnish and install hydrant; complete as specified Each 4.00 $5,800.00 $23,200.00 $5,700.00 $22,800.00 4712 Furnish and install 2" water main casing pipe; complete as specified Linear Feet 110.00 $125.00 $13,750.00 $80.00 $8,800.00 4800 Rock excavation; complete as specified Cubic Yards 25.00 $0.10 $2.50 $0.01 $0.25 4920 Remove water main; complete as specified Linear Feet 602.00 $25.00 $15,050.00 $32.00 $19,264.00 5013 Furnish and install pull box (non-conductive); 18" x 36"; complete as specified Each 23.00 $1,750.00 $40,250.00 $1,837.50 $42,262.50 5019 Furnish and install pull box - non-conductive; 24" x 42"; complete as specified Each 12.00 $1,850.00 $22,200.00 $1,942.50 $23,310.00 5025 Adjust pull box; complete as specified Each 33.00 $5.00 $165.00 $5.25 $173.25 5051 Install CITY-supplied lighting control cabinet; complete as specified Each 1.00 $2,000.00 $2,000.00 $2,100.00 $2,100.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 14 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 5053 Install CITY-supplied fully-actuated 8-phase traffic signal control cabinet; complete as specified Each 1.00 $2,000.00 $2,000.00 $2,100.00 $2,100.00 5054 Install electrical service; complete as specified Each 2.00 $2,250.00 $4,500.00 $2,362.50 $4,725.00 5056 Remove and preserve light poles; bases; and lighting fixtures; complete as specified Lump Sum 1.00 $7,500.00 $7,500.00 $7,875.00 $7,875.00 5120 Furnish and install 2" Schedule 40 PVC; complete as specified Linear Feet 65.00 $10.00 $650.00 $10.50 $682.50 5130 Furnish and install 3" Schedule 40 PVC; complete as specified Linear Feet 3,285.00 $14.00 $45,990.00 $14.70 $48,289.50 5170 3" Schedule 40 PVC bore; including bore pits and utility line openings; complete as specified Linear Feet 640.00 $35.00 $22,400.00 $36.75 $23,520.00 5240 Furnish and install 6 gauge red-coated wire; complete as specified Linear Feet 3,800.00 $1.40 $5,320.00 $1.47 $5,586.00 5241 Furnish and install 6 gauge black-coated wire; complete as specified Linear Feet 3,800.00 $1.40 $5,320.00 $1.47 $5,586.00 5252 Furnish and install 8 gauge green-coated wire; complete as specified Linear Feet 3,200.00 $1.50 $4,800.00 $1.58 $5,056.00 5260 Furnish and install 10 gauge red-coated wire; complete as specified Linear Feet 250.00 $0.90 $225.00 $0.95 $237.50 5261 Furnish and install 10 gauge black-coated wire; complete as specified Linear Feet 250.00 $0.90 $225.00 $0.95 $237.50 5262 Furnish and install 10 gauge green-coated wire; complete as specified Linear Feet 800.00 $0.90 $720.00 $0.95 $760.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 15 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 5270 Furnish and install 12 gauge red-coated wire; complete as specified Linear Feet 860.00 $0.80 $688.00 $0.84 $722.40 5271 Furnish and install 12 gauge black-coated wire; complete as specified Linear Feet 860.00 $0.80 $688.00 $0.84 $722.40 5272 Furnish and install 12 gauge green-coated wire; complete as specified Linear Feet 860.00 $0.80 $688.00 $0.84 $722.40 5282 Furnish and install 14 gauge green-coated wire; complete as specified Linear Feet 150.00 $1.00 $150.00 $1.05 $157.50 5300 Furnish and install 4 pair shielded CAT5; complete as specified Linear Feet 350.00 $2.00 $700.00 $2.10 $735.00 5356 Furnish and install 14 gauge stranded single pair twisted with shield; complete as specified Linear Feet 875.00 $1.75 $1,531.25 $1.84 $1,610.00 5360 Furnish and install 14 AWG solid 3 conductor; complete as specified Linear Feet 150.00 $2.00 $300.00 $2.10 $315.00 5362 Furnish and install 14 AWG solid 5 conductor; complete as specified Linear Feet 420.00 $2.50 $1,050.00 $2.63 $1,104.60 5372 Furnish and install 14 AWG solid 21 conductor; complete as specified Linear Feet 1,600.00 $4.75 $7,600.00 $5.00 $8,000.00 5380 Furnish and install fuse holder; complete as specified Each 42.00 $55.00 $2,310.00 $57.75 $2,425.50 5386 Furnish and install 2A fuse; complete as specified Each 42.00 $5.00 $210.00 $5.25 $220.50 5420 Install CITY-supplied 10' traffic signal pole with a pedestal base, complete as specified Each 8.00 $250.00 $2,000.00 $262.50 $2,100.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 16 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 5421 Install CITY-supplied 13' traffic signal pole with a decorative base; complete as specified Each 4.00 $250.00 $1,000.00 $262.50 $1,050.00 5424 Install CITY-supplied 20' traffic signal pole with a pedestal base; complete as specified Each 1.00 $550.00 $550.00 $577.50 $577.50 5426 Install CITY-supplied 30' traffic signal pole with a transformer base; complete as specified Each 3.00 $750.00 $2,250.00 $787.50 $2,362.50 5431 Install CITY-supplied 25' trombone arm; complete as specified Each 3.00 $750.00 $2,250.00 $787.50 $2,362.50 5434 Install CITY-supplied three-section traffic signal head; back plate; and LED modules; complete as specified Each 12.00 $550.00 $6,600.00 $577.50 $6,930.00 5438 Install CITY-supplied pedestrian signal head with countdown timer; complete as specified Each 8.00 $350.00 $2,800.00 $367.50 $2,940.00 5440 Install CITY-supplied pedestrian push button; complete as specified Each 8.00 $200.00 $1,600.00 $210.00 $1,680.00 5452 Install CITY-supplied 20' tapered pole with transformer base; complete as specified Each 19.00 $550.00 $10,450.00 $577.50 $10,972.50 5458 Install CITY-supplied 10' truss-type luminaire arm; complete as specified Each 22.00 $350.00 $7,700.00 $367.50 $8,085.00 5470 Install CITY-supplied cobra head luminaire; complete as specified Each 21.00 $200.00 $4,200.00 $210.00 $4,410.00 5502 Furnish and install Type 2 base; complete as specified Each 16.00 $1,150.00 $18,400.00 $1,207.50 $19,320.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 17 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const Co. Inc.Jossart Brothers, Inc. N1844 Maloney Road Kaukauna, WI 54130 5504 Furnish and install Type 5 base; complete as specified Each 20.00 $975.00 $19,500.00 $1,023.75 $20,475.00 5506 Furnish and install Type 9 base; complete as specified Each 2.00 $2,000.00 $4,000.00 $2,100.00 $4,200.00 Bid Total:$4,036,254.95 $4,168,111.10 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 18 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity Section 1 1011 Clearing; complete as specified Inch Diameter 390.00 1021 Grubbing; complete as specified Inch Diameter 390.00 1050 Mobilization; complete as specified Lump Sum 1.00 1100 Removing pavement; complete as specified Square Yards 1,430.00 1110 Removing curb and gutter; complete as specified Linear Feet 4,700.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 34,300.00 1200 Unclassified excavation; complete as specified Cubic Yards 4,400.00 1220 Excavation special (paving); complete as specified Tons 650.00 1301 7" concrete pavement; with 5" CABC and grading; complete as specified Square Yards 7,300.00 1303 7" concrete pavement HES; with 5" CABC and grading; complete as specified Square Yards 1,160.00 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 470.00 Unit Price Extension Unit Price Extension $4,208,623.19 $4,503,860.00 $40.10 $15,639.00 $11.00 $4,290.00 $21.10 $8,229.00 $32.00 $12,480.00 $195,053.00 $195,053.00 $290,155.89 $290,155.89 $6.90 $9,867.00 $12.00 $17,160.00 $1.10 $5,170.00 $2.50 $11,750.00 $0.70 $24,010.00 $0.68 $23,324.00 $19.00 $83,600.00 $20.00 $88,000.00 $0.01 $6.50 $0.01 $6.50 $51.10 $373,030.00 $49.00 $357,700.00 $71.80 $83,288.00 $53.20 $61,712.00 $79.80 $37,506.00 $101.30 $47,611.00 Dorner Inc.PTS Contractors, Inc I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 19 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1313 8" concrete pavement HES; with 6" CABC and grading; complete as specified Square Yards 350.00 1315 8" concrete pavement doweled; HES; with 6" CABC and grading; complete as specified Square Yards 95.00 1319 8" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 295.00 1334 Concrete pavement gaps; complete as specified Each 3.00 1335 Concrete pavement approach slab; HES; complete as specified Square Yards 110.00 1340 Crushed aggregate base course; complete as specified Tons 1,290.00 1350 Pavement ties; complete as specified Each 130.00 1352 Drilled dowel bars; 1"; complete as specified Each 63.00 1354 Drilled dowel bars; 1 1/4"; complete as specified Each 82.00 1360 Adjust manholes and inlets; complete as specified Each 93.00 1370 Turf restoration; complete as specified Square Yards 4,300.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 230.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $73.00 $25,550.00 $83.35 $29,172.50 $79.40 $7,543.00 $87.55 $8,317.25 $91.40 $26,963.00 $133.70 $39,441.50 $1,290.00 $3,870.00 $1,050.00 $3,150.00 $164.30 $18,073.00 $268.00 $29,480.00 $15.30 $19,737.00 $15.70 $20,253.00 $9.50 $1,235.00 $8.40 $1,092.00 $14.10 $888.30 $13.60 $856.80 $16.40 $1,344.80 $17.80 $1,459.60 $561.00 $52,173.00 $393.00 $36,549.00 $9.00 $38,700.00 $8.35 $35,905.00 $25.30 $5,819.00 $21.00 $4,830.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 20 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 1,430.00 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 280.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 800.00 1440 30" curb and gutter; 7"; with 5" CABC and grading; complete as specified Linear Feet 300.00 1460 Sidewalk curb; complete as specified Linear Feet 320.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 15,900.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 15,500.00 1514 6" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 480.00 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 730.00 1524 8" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 350.00 1530 6" concrete step; complete as specified Square Feet 510.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $0.01 $14.30 $2.10 $3,003.00 $0.01 $2.80 $10.50 $2,940.00 $16.50 $13,200.00 $15.75 $12,600.00 $39.80 $11,940.00 $49.25 $14,775.00 $40.60 $12,992.00 $47.15 $15,088.00 $7.60 $120,840.00 $8.65 $137,535.00 $9.10 $141,050.00 $9.70 $150,350.00 $9.70 $4,656.00 $10.00 $4,800.00 $12.70 $9,271.00 $10.35 $7,555.50 $12.90 $4,515.00 $11.10 $3,885.00 $80.50 $41,055.00 $72.30 $36,873.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 21 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 480.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 4,320.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 290.00 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 5,100.00 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 1,800.00 1584 Cold weather covering (sidewalk) - double visquine with 6" hay; complete as specified Square Feet 1,800.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 95.00 1600 Furnish and install tree; complete as specified Each 19.00 1650 Locate existing property monuments; complete as specified Each 18.00 1652 Replace existing property monuments; complete as specified Each 18.00 1700 Sawing existing pavement; complete as specified Linear Feet 1,230.00 1710 Sawing concrete pavement full depth; complete as specified Linear Feet 460.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $39.30 $18,864.00 $33.50 $16,080.00 $2.20 $9,504.00 $2.10 $9,072.00 $9.10 $2,639.00 $7.35 $2,131.50 $0.30 $1,530.00 $0.90 $4,590.00 $0.40 $720.00 $1.45 $2,610.00 $0.40 $720.00 $2.55 $4,590.00 $10.60 $1,007.00 $26.00 $2,470.00 $581.00 $11,039.00 $576.00 $10,944.00 $50.00 $900.00 $50.00 $900.00 $61.00 $1,098.00 $60.00 $1,080.00 $1.80 $2,214.00 $3.00 $3,690.00 $2.50 $1,150.00 $3.00 $1,380.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 22 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1900 Tack coat; complete as specified Gallons 45.00 1906 4" asphaltic pavement LT with 10" CABC and grading; complete as specified Square Yards 50.00 1911 4" asphaltic transition LT with 10" CABC and grading; complete as specified Square Yards 580.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 115.00 1917 2" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 100.00 1918 Asphaltic cold weather paving; complete as specified Square Yards 125.00 2002 Furnish and install 10" storm sewer; complete as specified Linear Feet 32.00 2003 Furnish and install 12" storm sewer; complete as specified Linear Feet 659.40 2006 Furnish and install 15" storm sewer; complete as specified Linear Feet 307.90 2009 Furnish and install 18" storm sewer; complete as specified Linear Feet 289.20 2015 Furnish and install 24" storm sewer; complete as specified Linear Feet 158.00 2018 Furnish and install 27" storm sewer; complete as specified Linear Feet 140.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $8.30 $373.50 $8.00 $360.00 $87.90 $4,395.00 $87.75 $4,387.50 $55.40 $32,132.00 $55.50 $32,190.00 $66.00 $7,590.00 $64.35 $7,400.25 $50.70 $5,070.00 $49.15 $4,915.00 $58.10 $7,262.50 $57.00 $7,125.00 $68.00 $2,176.00 $156.00 $4,992.00 $64.00 $42,201.60 $91.00 $60,005.40 $67.00 $20,629.30 $93.00 $28,634.70 $78.00 $22,557.60 $100.00 $28,920.00 $118.00 $18,644.00 $124.00 $19,592.00 $143.00 $20,020.00 $156.00 $21,840.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 23 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2024 Furnish and install 36" storm sewer; complete as specified Linear Feet 178.90 2027 Furnish and install 42" storm sewer; complete as specified Linear Feet 197.60 2030 Furnish and install 48" storm sewer; complete as specified Linear Feet 926.90 2049 Furnish and install 24" x 38" HERCP Class III storm sewer; complete as specified Linear Feet 331.40 2200 Furnish and install standard storm sewer manhole (2' diameter); complete as specified Vertical Feet 3.29 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 53.95 2202 Furnish and install standard storm sewer manhole (5' diameter); complete as specified Vertical Feet 1.00 2203 Furnish and install standard storm sewer manhole (6' diameter); complete as specified Vertical Feet 32.76 2204 Furnish and install standard storm sewer manhole (7' diameter); complete as specified Vertical Feet 28.76 2205 Furnish and install standard storm sewer manhole (8' diameter); complete as specified Vertical Feet 7.56 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $145.00 $25,940.50 $152.00 $27,192.80 $180.00 $35,568.00 $196.00 $38,729.60 $222.00 $205,771.80 $236.00 $218,748.40 $150.00 $49,710.00 $168.00 $55,675.20 $450.00 $1,480.50 $384.00 $1,263.36 $704.00 $37,980.80 $604.00 $32,585.80 $936.00 $936.00 $1,085.00 $1,085.00 $1,314.00 $43,046.64 $990.00 $32,432.40 $1,372.00 $39,458.72 $1,255.00 $36,093.80 $1,754.00 $13,260.24 $1,545.00 $11,680.20 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 24 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2213 Furnish and install standard storm sewer inlet manhole (4' diameter); complete as specified Vertical Feet 19.43 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 41.00 2400 Furnish and install 6" storm sewer lateral; complete as specified Linear Feet 1,258.00 2402 Furnish and install 8" storm sewer lateral; complete as specified Linear Feet 74.00 2404 Furnish and install storm sewer marker balls; complete as specified Each 86.00 2406 Furnish and install storm sewer clay dams; complete as specified Each 43.00 2408 Furnish and install storm sewer lateral inlet; complete as specified Each 42.00 2414 Storm lateral inlet adjustments; complete as specified Each 9.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 67.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 4.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 130.00 2750 Rock excavation; complete as specified Cubic Yards 10.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $833.00 $16,185.19 $660.00 $12,823.80 $2,983.00 $122,303.00 $2,465.00 $101,065.00 $54.00 $67,932.00 $74.00 $93,092.00 $73.00 $5,402.00 $100.00 $7,400.00 $44.00 $3,784.00 $41.00 $3,526.00 $148.00 $6,364.00 $87.00 $3,741.00 $1,101.00 $46,242.00 $1,015.00 $42,630.00 $123.00 $1,107.00 $1.00 $9.00 $116.00 $7,772.00 $89.00 $5,963.00 $26.00 $104.00 $6.00 $24.00 $16.00 $2,080.00 $11.00 $1,430.00 $0.01 $0.10 $1.00 $10.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 25 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 169.00 2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 10.00 2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 786.50 2810 Abandon storm sewer manholes and inlets; complete as specified Each 1.00 2812 Remove storm sewer manholes and inlets; complete as specified Each 22.00 2850 Connect to existing storm sewer main; complete as specified Each 12.00 2852 Connect to existing storm sewer lateral; complete as specified Each 4.00 2856 Connect to existing storm sewer manhole; complete as specified Each 3.00 2914 Storm sewer utility line opening (ULO); complete as specified Each 3.00 2950 Excavation special (storm); complete as specified Tons 25.00 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 1,675.00 3002 Furnish and install 10" sanitary sewer (relay); complete as specified Linear Feet 570.00 3004 Furnish and install 12" sanitary sewer (relay); complete as specified Linear Feet 30.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $6.00 $1,014.00 $15.00 $2,535.00 $30.00 $300.00 $215.00 $2,150.00 $28.00 $22,022.00 $28.00 $22,022.00 $285.00 $285.00 $580.00 $580.00 $359.00 $7,898.00 $290.00 $6,380.00 $1,068.00 $12,816.00 $1,275.00 $15,300.00 $271.00 $1,084.00 $197.00 $788.00 $1,476.00 $4,428.00 $1,665.00 $4,995.00 $1,722.00 $5,166.00 $1.00 $3.00 $30.00 $750.00 $1.00 $25.00 $166.00 $278,050.00 $193.00 $323,275.00 $295.00 $168,150.00 $235.00 $133,950.00 $120.00 $3,600.00 $325.00 $9,750.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 26 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 3012 Furnish and install 24" sanitary sewer (relay); complete as specified Linear Feet 20.00 3060 Furnish and install 8" sanitary sewer drop; complete as specified Vertical Feet 30.50 3062 Furnish and install 10" sanitary sewer drop; complete as specified Vertical Feet 6.00 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 195.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 15.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 2.00 3136 Rebuild sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 9.00 3160 Pour and reshape manhole bench; complete as specified Each 1.00 3210 Furnish and install 8" x 6" sanitary sewer factory wyes or tees; complete as specified Each 36.00 3212 Furnish and install 10" x 6" sanitary sewer factory wyes or tees; complete as specified Each 8.00 3214 Furnish and install 12" x 6" sanitary sewer factory wyes or tees; complete as specified Each 1.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $247.00 $4,940.00 $712.00 $14,240.00 $526.00 $16,043.00 $280.00 $8,540.00 $594.00 $3,564.00 $340.00 $2,040.00 $466.00 $90,870.00 $432.00 $84,240.00 $501.00 $7,515.00 $498.00 $7,470.00 $396.00 $792.00 $393.00 $786.00 $207.00 $1,863.00 $342.00 $3,078.00 $738.00 $738.00 $2,250.00 $2,250.00 $284.00 $10,224.00 $200.00 $7,200.00 $393.00 $3,144.00 $280.00 $2,240.00 $556.00 $556.00 $408.00 $408.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 27 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 3222 Furnish and install 6" sanitary sewer "Insert-A- Tee" or "Kor-N-Tee"; complete as specified Each 3.00 3232 Furnish and install 6" sanitary sewer laterals (new); complete as specified Linear Feet 35.00 3233 Furnish and install 6" sanitary sewer riser (new); complete as specified Linear Feet 9.00 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 1,529.00 3235 Furnish and install 4"/6" sanitary sewer riser (relay); complete as specified Linear Feet 201.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 98.00 3238 Furnish and install clay dams; complete as specified Each 49.00 3302 Furnish and install connection to existing 10" sanitary sewer mains; complete as specified Each 1.00 3304 Furnish and install connection to existing 12" sanitary sewer mains; complete as specified Each 3.00 3312 Furnish and install connection to existing 24" sanitary sewer mains; complete as specified Each 2.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $593.00 $1,779.00 $372.00 $1,116.00 $89.00 $3,115.00 $168.00 $5,880.00 $173.00 $1,557.00 $165.00 $1,485.00 $90.00 $137,610.00 $135.00 $206,415.00 $176.00 $35,376.00 $125.00 $25,125.00 $44.00 $4,312.00 $41.00 $4,018.00 $148.00 $7,252.00 $86.00 $4,214.00 $5,074.00 $5,074.00 $1,235.00 $1,235.00 $1,021.00 $3,063.00 $1,840.00 $5,520.00 $1,866.00 $3,732.00 $3,490.00 $6,980.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 28 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 1.00 3402 Furnish and install 8" sanitary sewer open cut casing pipes; complete as specified Linear Feet 110.00 3600 Rock excavation; complete as specified Cubic Yards 25.00 3700 Closed circuit televising; complete as specified Linear Feet 2,275.00 3710 Closed circuit televising - using push camera; complete as specified Each 4.00 3800 Abandon sanitary sewer manholes; complete as specified Each 2.00 3806 Abandon 12" sanitary sewer; complete as specified Linear Feet 1,008.00 3852 Remove sanitary sewer manholes; complete as specified Each 7.00 3854 Remove sanitary sewer; complete as specified Linear Feet 380.00 3890 Sanitary sewer utility line opening (ULO); complete as specified Each 2.00 4000 Furnish and install 4" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 30.00 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 215.00 4004 Furnish and install 8" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 2,570.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $585.00 $585.00 $1.00 $1.00 $126.00 $13,860.00 $108.00 $11,880.00 $0.01 $0.25 $1.00 $25.00 $1.00 $2,275.00 $1.30 $2,957.50 $158.00 $632.00 $300.00 $1,200.00 $512.00 $1,024.00 $580.00 $1,160.00 $10.00 $10,080.00 $26.00 $26,208.00 $585.00 $4,095.00 $580.00 $4,060.00 $48.00 $18,240.00 $32.00 $12,160.00 $2,459.00 $4,918.00 $1.00 $2.00 $122.00 $3,660.00 $212.00 $6,360.00 $112.00 $24,080.00 $139.00 $29,885.00 $117.00 $300,690.00 $125.00 $321,250.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 29 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 4008 Furnish and install 12" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 12.00 4036 Furnish and install 1" water service (relay); complete as specified Linear Feet 1,227.00 4037 Furnish and install 1-1/4" water service (relay); complete as specified Linear Feet 70.00 4040 Furnish and install 2" water service (relay); complete as specified Linear Feet 28.00 4048 Furnish and install 1" corporation and stop box; complete as specified Each 40.00 4050 Furnish and install 1-1/4" corporation and stop box; complete as specified Each 2.00 4053 Furnish and install 2" corporation and stop box; complete as specified Each 1.00 4055 Furnish and install water service clay dams; complete as specified Each 43.00 4056 Furnish and install connections to existing 4" water main; complete as specified Each 1.00 4058 Furnish and install connections to existing 6" water main; complete as specified Each 6.00 4060 Furnish and install connections to existing 8" water main; complete as specified Each 2.00 4064 Furnish and install connections to existing 12" water main; complete as specified Each 2.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $209.00 $2,508.00 $468.00 $5,616.00 $74.00 $90,798.00 $111.00 $136,197.00 $77.00 $5,390.00 $113.00 $7,910.00 $90.00 $2,520.00 $186.00 $5,208.00 $559.00 $22,360.00 $552.00 $22,080.00 $1,120.00 $2,240.00 $1,115.00 $2,230.00 $1,570.00 $1,570.00 $1,845.00 $1,845.00 $148.00 $6,364.00 $86.00 $3,698.00 $1,327.00 $1,327.00 $1,655.00 $1,655.00 $1,658.00 $9,948.00 $2,025.00 $12,150.00 $2,070.00 $4,140.00 $2,720.00 $5,440.00 $2,131.00 $4,262.00 $3,625.00 $7,250.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 30 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 4101 Furnish and install 6" x 6" water main tee; complete as specified Each 1.00 4110 Furnish and install 8" x 6" water main tee; complete as specified Each 4.00 4111 Furnish and install 8" x 8" water main tee; complete as specified Each 2.00 4129 Furnish and install 12" x 8" water main tee; complete as specified Each 1.00 4189 Furnish and install 8" x 8" water main cross; complete as specified Each 3.00 4219 Furnish and install 8" 11- 1/4 degree water main bend; complete as specified Each 1.00 4228 Furnish and install 8" 22- 1/2 degree water main bend; complete as specified Each 2.00 4235 Furnish and install 4" 45 degree water main bend; complete as specified Each 5.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 28.00 4237 Furnish and install 8" 45 degree water main bend; complete as specified Each 10.00 4255 Furnish and install 8" water main cap; complete as specified Each 1.00 4263 Furnish and install 8" x 4" water main reducer; complete as specified Each 1.00 4264 Furnish and install 8" x 6" water main reducer; complete as specified Each 6.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $632.00 $632.00 $538.00 $538.00 $839.00 $3,356.00 $708.00 $2,832.00 $857.00 $1,714.00 $725.00 $1,450.00 $1,319.00 $1,319.00 $1,160.00 $1,160.00 $1,174.00 $3,522.00 $1,025.00 $3,075.00 $504.00 $504.00 $412.00 $412.00 $523.00 $1,046.00 $430.00 $860.00 $307.00 $1,535.00 $252.00 $1,260.00 $395.00 $11,060.00 $334.00 $9,352.00 $527.00 $5,270.00 $434.00 $4,340.00 $319.00 $319.00 $257.00 $257.00 $415.00 $415.00 $353.00 $353.00 $466.00 $2,796.00 $377.00 $2,262.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 31 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 4350 Cut and cap existing 4" water main; complete as specified Each 2.00 4352 Cut and cap existing 6" water main; complete as specified Each 2.00 4354 Cut and cap existing 8" water main; complete as specified Each 2.00 4401 Furnish and install 6" water main gate valve; complete as specified Each 5.00 4402 Furnish and install 8" water main gate valve; complete as specified Each 20.00 4404 Furnish and install 12" water main gate valve; complete as specified Each 2.00 4500 Furnish and install hydrant; complete as specified Each 4.00 4712 Furnish and install 2" water main casing pipe; complete as specified Linear Feet 110.00 4800 Rock excavation; complete as specified Cubic Yards 25.00 4920 Remove water main; complete as specified Linear Feet 602.00 5013 Furnish and install pull box (non-conductive); 18" x 36"; complete as specified Each 23.00 5019 Furnish and install pull box - non-conductive; 24" x 42"; complete as specified Each 12.00 5025 Adjust pull box; complete as specified Each 33.00 5051 Install CITY-supplied lighting control cabinet; complete as specified Each 1.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $728.00 $1,456.00 $1,265.00 $2,530.00 $907.00 $1,814.00 $1,604.00 $3,208.00 $1,106.00 $2,212.00 $1,965.00 $3,930.00 $2,104.00 $10,520.00 $1,965.00 $9,825.00 $3,031.00 $60,620.00 $2,805.00 $56,100.00 $5,136.00 $10,272.00 $4,895.00 $9,790.00 $6,023.00 $24,092.00 $5,725.00 $22,900.00 $107.00 $11,770.00 $35.00 $3,850.00 $0.01 $0.25 $1.00 $25.00 $40.00 $24,080.00 $33.00 $19,866.00 $1,848.00 $42,504.00 $1,833.00 $42,159.00 $1,953.00 $23,436.00 $1,938.00 $23,256.00 $5.00 $165.00 $1.00 $33.00 $2,112.00 $2,112.00 $2,095.00 $2,095.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 32 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 5053 Install CITY-supplied fully-actuated 8-phase traffic signal control cabinet; complete as specified Each 1.00 5054 Install electrical service; complete as specified Each 2.00 5056 Remove and preserve light poles; bases; and lighting fixtures; complete as specified Lump Sum 1.00 5120 Furnish and install 2" Schedule 40 PVC; complete as specified Linear Feet 65.00 5130 Furnish and install 3" Schedule 40 PVC; complete as specified Linear Feet 3,285.00 5170 3" Schedule 40 PVC bore; including bore pits and utility line openings; complete as specified Linear Feet 640.00 5240 Furnish and install 6 gauge red-coated wire; complete as specified Linear Feet 3,800.00 5241 Furnish and install 6 gauge black-coated wire; complete as specified Linear Feet 3,800.00 5252 Furnish and install 8 gauge green-coated wire; complete as specified Linear Feet 3,200.00 5260 Furnish and install 10 gauge red-coated wire; complete as specified Linear Feet 250.00 5261 Furnish and install 10 gauge black-coated wire; complete as specified Linear Feet 250.00 5262 Furnish and install 10 gauge green-coated wire; complete as specified Linear Feet 800.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $2,112.00 $2,112.00 $2,095.00 $2,095.00 $2,375.00 $4,750.00 $2,357.00 $4,714.00 $7,918.00 $7,918.00 $7,860.00 $7,860.00 $10.60 $689.00 $11.00 $715.00 $14.80 $48,618.00 $15.00 $49,275.00 $37.00 $23,680.00 $37.00 $23,680.00 $1.50 $5,700.00 $1.50 $5,700.00 $1.50 $5,700.00 $1.50 $5,700.00 $1.60 $5,120.00 $1.60 $5,120.00 $1.00 $250.00 $0.95 $237.50 $1.00 $250.00 $0.95 $237.50 $1.00 $800.00 $0.95 $760.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 33 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 5270 Furnish and install 12 gauge red-coated wire; complete as specified Linear Feet 860.00 5271 Furnish and install 12 gauge black-coated wire; complete as specified Linear Feet 860.00 5272 Furnish and install 12 gauge green-coated wire; complete as specified Linear Feet 860.00 5282 Furnish and install 14 gauge green-coated wire; complete as specified Linear Feet 150.00 5300 Furnish and install 4 pair shielded CAT5; complete as specified Linear Feet 350.00 5356 Furnish and install 14 gauge stranded single pair twisted with shield; complete as specified Linear Feet 875.00 5360 Furnish and install 14 AWG solid 3 conductor; complete as specified Linear Feet 150.00 5362 Furnish and install 14 AWG solid 5 conductor; complete as specified Linear Feet 420.00 5372 Furnish and install 14 AWG solid 21 conductor; complete as specified Linear Feet 1,600.00 5380 Furnish and install fuse holder; complete as specified Each 42.00 5386 Furnish and install 2A fuse; complete as specified Each 42.00 5420 Install CITY-supplied 10' traffic signal pole with a pedestal base, complete as specified Each 8.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $0.80 $688.00 $0.85 $731.00 $0.80 $688.00 $0.85 $731.00 $0.80 $688.00 $0.85 $731.00 $1.10 $165.00 $1.05 $157.50 $2.10 $735.00 $2.10 $735.00 $1.80 $1,575.00 $1.85 $1,618.75 $2.10 $315.00 $2.10 $315.00 $2.60 $1,092.00 $2.60 $1,092.00 $5.00 $8,000.00 $5.00 $8,000.00 $58.00 $2,436.00 $58.00 $2,436.00 $5.00 $210.00 $6.00 $252.00 $264.00 $2,112.00 $262.00 $2,096.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 34 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 5421 Install CITY-supplied 13' traffic signal pole with a decorative base; complete as specified Each 4.00 5424 Install CITY-supplied 20' traffic signal pole with a pedestal base; complete as specified Each 1.00 5426 Install CITY-supplied 30' traffic signal pole with a transformer base; complete as specified Each 3.00 5431 Install CITY-supplied 25' trombone arm; complete as specified Each 3.00 5434 Install CITY-supplied three-section traffic signal head; back plate; and LED modules; complete as specified Each 12.00 5438 Install CITY-supplied pedestrian signal head with countdown timer; complete as specified Each 8.00 5440 Install CITY-supplied pedestrian push button; complete as specified Each 8.00 5452 Install CITY-supplied 20' tapered pole with transformer base; complete as specified Each 19.00 5458 Install CITY-supplied 10' truss-type luminaire arm; complete as specified Each 22.00 5470 Install CITY-supplied cobra head luminaire; complete as specified Each 21.00 5502 Furnish and install Type 2 base; complete as specified Each 16.00 Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $264.00 $1,056.00 $262.00 $1,048.00 $581.00 $581.00 $577.00 $577.00 $792.00 $2,376.00 $785.00 $2,355.00 $792.00 $2,376.00 $785.00 $2,355.00 $581.00 $6,972.00 $577.00 $6,924.00 $370.00 $2,960.00 $367.00 $2,936.00 $211.00 $1,688.00 $210.00 $1,680.00 $581.00 $11,039.00 $577.00 $10,963.00 $370.00 $8,140.00 $367.00 $8,074.00 $211.00 $4,431.00 $210.00 $4,410.00 $1,214.00 $19,424.00 $1,205.00 $19,280.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 35 of 36 2/21/2023 Contract 23-02 - West Lincoln Avenue and McKinley Street Reconstruction (#8380709) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 02/20/2023 11:00 AM CST Section Title Item Code Item Description UofM Quantity 5504 Furnish and install Type 5 base; complete as specified Each 20.00 5506 Furnish and install Type 9 base; complete as specified Each 2.00 Bid Total: Unit Price Extension Unit Price Extension Dorner Inc.PTS Contractors, Inc $1,029.00 $20,580.00 $1,025.00 $20,500.00 $2,112.00 $4,224.00 $2,095.00 $4,190.00 $4,208,623.19 $4,503,860.00 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln-McKinley\Project_Information\Contract Info\23-02 Bid Tab_2-20-23 Page 36 of 36 2/21/2023 FEBRUARY 28, 2023 23-73 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: WAIVE MUNICIPAL CODE SECTION 12-8(E) AND APPROVE AGREEMENT EXTENSION TO FEBRUARY 28, 2025 FOR SERVICE PROGRAM FOR SENSUS USA FIXED-BASE WATER METER READING PROGRAM INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City has standardized upon Sensus FlexNet system to provide a fixed-base, radio-read system for water meter reading; and WHEREAS, Core & Main provides the software support for this system; and WHEREAS, the Sensus FlexNet system agreement and Core & Main Agreement currently have different terms; and WHEREAS, Section 12-8(E) of the Municipal Code generally prohibits extension of an agreement past a total five (5) year term and it is desirable to extend the current Sensus agreement for 2 ½ years to match the Core & Main Agreement and to bring the Sensus Agreement closer to a calendar year basis to coincide with the budget year which extends beyond a five year total term. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that Chapter 12-8(E) of the Municipal Code that limits the term of an agreement to five (5) years is hereby waived and the agreement extension to February 28, 2025 for Service Program for Sensus USA Fixed-Base Water Meter Reading Program is hereby approved and the proper City officials are hereby author ized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures. FEBRUARY 28, 2023 23-74 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KANE COMMUNICATIONS GROUP FOR LEAD SERVICE LINE INSPECTION CAMPAIGN ($148,200.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Department of Public Works recommends hiring a communications firm to assist with public information and education surrounding the Department’s lead service line inspection program to comply with U.S. Environmental Protection Agency and Wisconsin Department of Natural Resources regulations. 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 t ake those steps necessary to implement an appropriate professional services agreement with Kane Communications Group for a Lead Service Line Inspection Campaign in the amount of one hundred forty-eight thousand two hundred dollars ($148,200.00). Money for this purpose is hereby appropriated from: Acct. No. 03210410-6803-04093 Contract Control-Water Main-Annual – Mis Utlty Lead Serv Replcm I:\Engineering\Lead Service Lateral Replacement\Kane Agreement\Kane Communications Agreement Memo-LSL Insp Campaign_2-23-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: James Rabe, Director of Public Works DATE: February 23, 2023 RE: Approve Professional Services Agreement with Kane Communications Group (Kane) for Lead Service Line Inspection Campaign ($148,200) BACKGROUND The City of Oshkosh Water Utility (Water Utility) is subject to U. S. Environmental Protection Agency and Wisconsin Department of Natural Resources mandates requiring the Water Utility to identify and compile a complete database of known and unknown lead water services by early fall 2024. To obtain this information, the Water Utility must complete between 9,000 and 12,000 property inspections prior to early fall 2024. Once inspections are complete, the Water Utility must make this information available via a public-facing interface. As of late January 2023, Water Distribution Division staff have engaged in a number of approaches to encourage property owners to sign up for lead service line inspections, including canvassing areas to meet with property owners and leave behind literature, attending community events, and deploying an online scheduling tool. These tactics have had some success, however the current rate on inspection sign-ups is not adequate to meet the early fall 2024 deadline. This is partly due to the sheer volume of property inspections required to occur in this period. ANALYSIS The State of Wisconsin statutes governing water utilities give the Water Utility the authority to turn off the water to any property that does not comply with the inspection requirement. The Department of Public Works has determined that an aggressive public information and education campaign is a better avenue to increase resident participation in the inspection program than the “threat” of turning off the water to a property. In order to comply with the regulatory requirements, and reduce the potential number of service replacements required on an annual basis starting in 2025, the Department needs the participation from all property owners. I:\Engineering\Lead Service Lateral Replacement\Kane Agreement\Kane Communications Agreement Memo-LSL Insp Campaign_2-23-23.docx Page 2 of 2 Kane’s services for this agreement will include developing and implementing a communication campaign to raise awareness of the issues that lead water services pose and increasing participation in the Water Utility’s inspection services to complete the establishment of a water service material database. The campaign will include the development of easy to understand messaging, including multi-lingual messaging materials; developing a plan to utilize various media coverage outlets to increase the reach of the messaging materials; and amplifying the Water Utility’s current outreach efforts through various community groups and strategic partners. The outreach efforts will be tracked and analyzed utilizing various media tracking analytics, so the campaign can be modified if targets are not being reached. FISCAL IMPACT The cost of this agreement is estimated not to exceed $148,200. Funding for this Project is available in the 2023 Capital Improvements Program (Account No. 03210410-6803- 04093/Contract Control-Water Main-Annual – Mis Utlty Lead Serv Replcm). 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 JER/tlt FEBRUARY 28, 2023 23-75 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE DISPOSITION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST 4TH AVENUE AND MICHIGAN STREET TO WESENBERG ARCHITECTS INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to execute any and all documents necessary to sell the property located at the northwest corner of West 4th Avenue and Michigan Street to Wesenberg Architects for $1.00. 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 23, 2023 RE: Approve Disposition of Property Located at the Northwest Corner of West 4th Avenue and Michigan Street to Chet Wesenberg, Architect, LLC BACKGROUND The applicant is requesting a land disposition of the parcel located at northwest corner of West 4th Avenue and Michigan Street. 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 RMU-PD-RFO and contains a 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 a city park with public riverfront access to the north. The 2040 Comprehensive Land Use Plans recommends center city uses for the subject area. ANALYSIS The petitioner is requesting disposition of the subject property to allow for a proposed multi -family, workforce housing development on the site. Staff does not have concerns with disposition of this portion of the subject lot as the utility storage building is no longer needed by the city. The land disposition will also allow for redevelopment of the lot, which is consistent with the 2040 Comprehensive land use goal of encouraging redevelopment oriented toward the waterfront. FISCAL IMPACT The petitioner has agreed to a purchase price of $1.00 for the subject area. The approximate 86,740 sq. ft. area should result in an increase in the assessed value of the property once redevelopment is complete. RECOMMENDATION The Plan Commission recommended approval of the disposition on February 21, 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: LAND DISPOSITION OF PROPERTY LOCATED AT NORTHWEST CORNER OF W 4TH AVENUE & MICHIGAN STREET Plan Commission meeting of February 21, 2023. GENERAL INFORMATION Petitioner: Wesenberg Architects Owner: City of Oshkosh Action Requested: Land disposition of parcel located at northwest corner of W 4th Avenue and Michigan Street. Applicable Ordinance Provisions: None Property Location and Type: The subject property is 8,670 square feet in size and located at the northwest corner of W 4th Ave. & Michigan St. The site is zoned RMU-PD-RFO 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 Plans recommends center city uses for the subject area. Subject Site Existing Land Use Zoning Vacant/institutional RMU-PD-RFO 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 West Commercial RMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City Item II – Land Disposition – W 4th Ave. & Michigan St. 2 ANALYSIS The petitioner is requesting disposition of subject property to allow for a proposed multi-family development on the site. Staff does not have concerns with disposition of this portion of the subject lot as the utility storage building is no longer needed by the City. The land disposition will also allow for redevelopment of the lot, which is consistent with the 2040 Comprehensive Land Use goal of encouraging redevelopment oriented toward the waterfront. RECOMMENDATION/FINDING Staff recommends approval of the land disposition as proposed, with the following finding: 1. This parcel is no longer needed for public use. The Plan Commission recommended approval of the land disposition on February 21, 2023. The following is their discussion on the item. Site Inspections Report: Ms. Propp, Ms. Scheuermann and Mr. Bowen all reported visiting the site. Staff report accepted as part of the record. Land disposition of parcel located at northwest corner of W 4th Avenue and Michigan Street. Mr. Lyons presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The petitioner is requesting disposition of subject property to allow for a proposed multi-family development on the site. Staff does not have concerns with Subject site Item II – Land Disposition – W 4th Ave. & Michigan St. 3 disposition of this portion of the subject lot as the utility storage building is no longer needed by the City. The land disposition will also allow for redevelopment of the lot, which is consistent with the 2040 Comprehensive Land Use goal of encouraging redevelopment oriented toward the waterfront. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Propp asked if it is Michigan St that is the public street that enters the park. Mr. Lyons said that Michigan St technically stops before that access road to the park which is a driveway. Ms. Propp asked if the driveway will remain in place to access the park. Mr. Lyons said that it will. 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 Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. Project Name: 0 W. 4th Avenue JAN . 6 TH, 20 23 Land Disposition Request Narrative: Proposed Use of Property: The parcel is proposed to be developed to consist of a thirty-unit multi-family residential building with a sixty-one stall off-street parking lot. Existing Use of Property: The parcel currently has a vacant former office/storage building that is not used. Identification of structures on the property and discussion of the ir relationship to the project: The existing vacant office/storage building is proposed to be razed and a new two-story thirty-unit multi-family building is proposed to be constructed. Projected number of residents, employees, and /or daily customers: The proposed thirty-unit building is anticipated to consist of (16) one-bedroom and (14) two-bedroom dwelling units. Actual number of occupants is expected to range from forty-four to sixty-six occupants. Effects on adjoining properties to include noise, hours of operation, glare, od or, fumes, vibration, etc: The property abuts a residential area to it’s south. The proposed residential land use is consistent with the neighboring land use. Noise, hours of operation, glare, odor, fumes, vibration, etc are anticipated to be of the same scale as those created and already existing via the similar adjacent land uses. Surrounding Land Uses: Land use to the: east: vacant green space (zoned RMU-PD-RFO) south: primarily single family residential (zoned TR-10) west: building with former video rental store and restaurant (zoned RMU) north: city park (zoned RMU-PD-RFO) Compatibility of the proposed use w ith adjacent and other properties in the area: The property abuts a residential area to it’s south. The proposed residential land use is consistent with the neighboring land use. The proposed residential development is in general proximity to retail areas to the west and to a city park area to the north. It is our opinion that these land uses compliment and benefit from each other. Traffic Generation: An unknown percentage of the expected (44) to (66) building tenants are anticipated to have personal vehicles that will be parked at the off-street parking lot. Individual tenant schedules are expected to disperse additional traffic rather than create times of peak traffic volume. West 4th Avenue, which is used to access the development, terminates not far east of the parcel; thus additional traffic flow from other adjacent properties is expected to be insignificant. This street is not used as a primary traffic route. 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 = 50 ft 1 in = 0.01 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 LAND DISPOSITION 0 W 4TH AVE PC: 2-21-2023 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 CHET WESENBERG ARCHITECT LLC 240 ALGOMA 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: 1/10/2023 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: 1/10/2023 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: 1/10/2023 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 28, 2023 23-76 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ACCEPTANCE OF A GRANT FROM THE WISCONSIN INSTITUTE ON HEALTHY AGING AND A DONATION FROM THE OSHKOSH AREA COMMUNITY FOUNDATION AND AMEND 2023 SENIOR SERVICES DIVISION OPERATING BUDGET. INITIATED BY: OSHKOSH SENIORS CENTER WHEREAS, the Oshkosh Seniors Center has received a grant from the Wisconsin Institute on Health Aging to support the new balance screening program; and WHEREAS, the Oshkosh Area Foundation, the Women’s Fund, awarded the Oshkosh Seniors Center a donation in support of the Connect through Tech program; and WHEREAS, the Common Council has adopted the 2023 Operations Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2023 Oshkosh Seniors Center Operations Budget to account for unanticipated income and expenditures for payroll, materials and supplies and marketing and promotion to support the new balance screenings and Connect through Tech programs. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City of Oshkosh hereby gratefully acknowledges and accepts the above- described grant and donation. BE IT FURTHER RESOLVED that the 2023 Operations Budget, on file in the City Clerk's Office, is hereby amended as follows: To deposit $7,555.00 in State Grants, Acct. Number 02310760-4263-11502 from Wisconsin Institute on Healthy Aging FEBRUARY 28, 2023 23-76 RESOLUTION CONT’D ▪ To allocate $2,216.40 to Acct. Number 02310760-6102-11502 Regular Pay ▪ To allocate $183.60 to Act. Number 02310760-6302-11502 FICA ▪ To allocate $2,455.00 to Act. Number 02310760-6529-11502 for Materials and Supplies To deposit $5,000.00 in Donation, Acct. Number 02310760-4952-11528 from Oshkosh Area Community Foundation, The Women’s Fund • To allocate $4,617.50 to Act. Number 02310760-6102-11528 Regular Pay • To allocate $382.50 to Act. Number 02310760-6302-11528 FICA City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jean Wollerman, Senior Services Manager DATE: February 28, 2023 RE: Approve acceptance of a grant from the Wisconsin Institute on Healthy Aging and a donation from the Oshkosh Area Community Foundation and amend 2023 senior services division operating budget. BACKGROUND The Oshkosh Seniors Center recently received two grants to support programm ing that were not anticipated. The Wisconsin Institute on Health Aging grant for $7,555.00 was received to help support the new balance screenings program. The Oshkosh Area Community Foundation, The Women’s Fund, awarded the Oshkosh Seniors Center a donation for $5,000.00 to help support the continuation of the Connect through Tech program. ANALYSIS Assuming the City Council approves the acceptance of these two grants, funds will be allocated to expenditure accounts for staffing; materials and supplies; and marketing and promotion to support these two programs. FISCAL IMPACT The acceptance of these grant funds in the amount of $12,555 will offset expenditures in the Oshkosh Seniors Center 2023 budget. RECOMMENDATION Staff recommends that Council adopt this resolution. Respectfully Submitted, Approved: Jean Wollerman Mark Rohloff Senior Services Manager City Manager FEBRUARY 28, 2023 23-77 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE COOPERATIVE PURCHASE OF SINGLE AXLE TRUCK CHASSIS FROM PACKER CITY INTERNATIONAL FOR STREETS DIVISION ($80,393.00) INITIATED BY: PURCHASING DIVISION WHEREAS, in the 2022 CIP Common Council allocated funds for the purchase of a single axle truck chassis 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 single axle truck 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, Packer City International holds the Sourcewell cooperative contract (#060920-NVS) for the single axle 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: PACKER CITY INTERNATIONAL 2940 Victory Lane Appleton, WI 54913 Total: $80,393.00 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 28, 2023 23-77 RESOLUTION CONT’D Acct. No. 0323 0430 7210 66925 Motor Vehicles- Flat Bed Truck 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 16, 2023 RE: Approve Cooperative Purchase of Single Axle Truck Chassis from Packer City International for Streets Division ($80,393.00) BACKGROUND In the 2022 CIP the Common Council allocated funds for the purchase of a new flat bed anti-icing truck for the Streets division. This unit is used to pretreat road surfaces, roundabouts and bridge decks with sodium chloride to prevent surfaces from icing up during winter conditions. During the construction season this unit is used to pull the road salt trailer and supply the road saw with water. The new unit will replace a 2009 Ford F650 that has reached the end of its service life. The 2009 unit has ongoing emission issues and a rusting bed. The current unit has not been reliable due to ongoing engine electrical issues. The new unit will include the chassis, truck bed, anti-icing system and power washer. This memo is to recommend the purchase of the truck chassis for this unit pursuant to the cooperative purchase exception of our purchasing ordinance. The remaining items to complete the unit will be bid out in the near future. ANALYSIS Purchasing has confirmed that Packer City International holds a Sourcewell cooperative contract for the single axle truck chassis (contract #060920-NVS). By utilizing this contract the City will save 35.5% ($51,127.16) off the list price for this chassis. FISCAL IMPACT With trade-in the fiscal impact for this chassis pursuant to this cooperative contract is $80,393.00. The 2022 CIP allocated $150,000 for this entire unit to include the chassis, flat bed, anti-icing system and related components. This purchase will be charged to A/N# 0323 0430 7210 66925 (Motor Vehicles- Flat Bed Truck). 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 Packer City International, 2940 Victory Lane, Appleton, WI 54913 for $80,393.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 28. 2023 23-78 RESOLUTION (CARRIED 6 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE PROFESSIONAL SERVICES PROPOSAL FROM LEE RECREATION LLC FOR PLAYGROUND DESIGN AND INSTALLATION FOR ROE PARK ($196,000.00) INITIATED BY: PARKS DEPARTMENT WHEREAS, the City of Oshkosh has requested proposals for playground design, equipment, installation, and poured in place rubber surfacing; and WHEREAS, it appears that the following is the most advantageous proposal: LEE RECREATION LLC. 260 W. Main Street Cambridge, WI 53523 Total: $196,000.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said proposal 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 proposal on file. Money for this purpose is hereby appropriated from: Acct. No. 0325-0610-7204-62210 Machinery and 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 20, 2023 RE: Approve Professional Services Proposal from Lee Recreation for Playground Design and Installation for Roe Park ($196,000.00) BACKGROUND The Common Council allocated $200,000.00 in the 2023 Parks Department CIP to replace play equipment at Roe Park which was installed in 2001. The Parks Department and Purchasing staff solicited proposals from playground design firms. The RFP requested firms to provide up to three playground designs, to include the equipment, installation and poured-in-place rubber surfacing. ANALYSIS The RFP was issued for this project on December 15, 2022 and sent to known playground design firms. Proposals were due January 24, 2023. Proposals were received from 3 firms. Proposals were reviewed by Parks Department staff, Downtown YMCA early childhood staff, and River East Neighborhood Association members. The reviewers were unanimous in selecting design 142-163650-1 from Lee Recreation for their product and design. The project is scheduled to be completed in early June. FISCAL IMPACT The total fiscal impact of Lee Recreations proposal is $196,000.00. The proposal includes the equipment, installation and poured in place rubber surfacing. The Common Council allocated $200,000.00 for play equipment in the 2023 Parks Department CIP. The remaining $4,000 for this project will be used for site restoration. Funding for this project will be charged to A/N#: 0325-0610-7204-62210 (Machinery and Equipment). RECOMMENDATION Section 12-16 of the Municipal Code provides that subject to approval of the City Manager, the City may enter into professional service agreements without following a competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Lee Recreation LLC, 260 W. Main Street, Cambridge, WI 53523 for $196,000.00. If you have any questions, please contact Parks Director Ray Maurer. Respectfully Submitted, Approved, Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 28, 2023 23-79 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PURCHASE OF LIGHTING POLES AND FIXTURES FROM ENTERPRISE LIGHTING LTD FOR THE LINCOLN / MCKINLEY PROJECT ($50,102.11) AND TRAFFIC SIGNAL EQUIPMENT FROM TRAFFIC AND PARKING CONTROL CO. (TAPCO) FOR THE 9TH AND WESTHAVEN TRAFFIC SIGNAL REPLACEMENT ($80,468.70) INITIATED BY: PURCHASING DIVISION WHEREAS, the City has allocated 2023 CIP funds for the Lincoln / McKinley Project and traffic signal replacement at the intersection of 9th Avenue and Westhaven Drive; and WHEREAS, these projects will require the purchase of lighting poles and fixtures, and traffic signal equipment to ensure compliance with the City’s lighting and traffic signal standards; and WHEREAS, the Electric Division staff secured proposals from the suppliers for the City’s standardized lighting poles and fixtures, and traffic signals for the necessary equipment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to purchase lighting poles and fixtures, traffic signal equipment and traffic cameras for the Lincoln / McKinley Project and 9th and Westhaven Traffic Signal Projects from: Lighting Poles and Fixtures: ENTERPRISE LIGHTING LTD. 2007 Pewaukee Road Waukesha, WI 53188 Total: $50,102.11 FEBRUARY 28, 2023 23-79 RESOLUTION CONT’D and Traffic Signal Equipment: TRAFFIC AND PARKING CONTROL CO. (TAPCO) 5100 Brown Deer Road Brown Deer, WI 53223 Total: $80,468.70 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. 03210410 6809 04302 Lincoln / McKinley construction Project 23-02 02240801-7204-15241 9th and Westhaven Signal replacement Project 23-02 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 21, 2023 RE: Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD ($50,102.11) for the Lincoln/McKinley construction project and Traffic Signal Equipment from Traffic and Parking Control Co. ($80,468.70) for the 9th and Westhaven construction project BACKGROUND The Common Council allocated funds in the 2023 CIP for the Lincoln/McKinley and 9th and Westhaven construction projects which include paving, sidewalks, driveways and utilities. As part of these projects the City’s Electric Division is to purchase and supply the lighting poles and fixtures and traffic signal equipment to ensure compliance with the City’s lighting and traffic signal standards. Installation of the equipment will be coordinated by the electrical subcontractor for the project. ANALYSIS Electric Division staff secured a proposal from the suppliers for the City’s standardized lighting poles and fixtures (Enterprise Lighting LDT) and traffic signals (Traffic and Parking Control Co- TapCo). Purchasing has confirmed these purchase qualify as standardization exceptions to our purchasing ordinance. FISCAL IMPACT The cost for this equipment is as follows: Lighting poles and fixtures from Enterprise Lighting LTD is $50,102.11 and traffic signal equipment from TapCo is $80,468.70. The Enterprise lighting poles and fixtures purchase will be charged to A/N# 03210410 6809 04302 (Lincoln/McKinley construction project 23-02) and the TapCo traffic signal equipment will be charged to A/N# 02240801-7204-15241 (9th and Westhaven Signal Replacement Project 23-02). These purchases are included within the total estimated cost for all Traffic Improvements CIP related items for these projects. RECOMMENDATION Section 12-11 of the Municipal Code provides that subject to approval of the City Manager, purchases may be made without following a formal competitive bidding process when the purchase is from only one source of supply or when standardization or compatibi lity is the overriding consideration. In accordance with Section 12-11 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve the lighting poles and fixtures purchase from Enterprise Lighting LTD, 2007 Pewaukee Road, Waukesha, WI 53188 in the amount of $50,102.11 and the traffic signal equipment purchase from TapCo, 5100 Brown Deer Road, Brown Deer, WI 53223 in the amount of $80,468.70. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager FEBRUARY 28, 2023 23-80 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / RUN AWAY EVENTS / UTILIZE MENOMINEE PARK & CITY STREETS FOR THE RUN AWAY TO THE BAY EVENT / APRIL 15, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Run Away Events (Ross McDowell) to utilize Menominee Park and city streets (route – south end of Menominee Park, Siewert Trail, Hickory Street, E Murdock Avenue, Harrison Road, Bowen Street/County A and continues into Winnebago County Jurisdiction) April 15, 2023, from 6:30 a.m. to 9:00 a.m., for the Run Away to the Bay event, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $350.84 (preliminary estimate includes dedicated staffing of 1 Sgt. Supervisor hr. and 20 CSO hrs.) Equipment/Vehicle Use $48.15 (preliminary estimate includes dedicated use of police vehicles for 3 hrs.) Supplies/Materials $38.50 (preliminary estimate includes use of cones & no parking signs) FEBRUARY 28, 2023 23-81 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / RUN AWAY EVENT / UTILIZE RIVERWALK & CITY STREETS FOR THE OSHKOSH HALF MARATHON RELAY & 5K RUN / APRIL 29, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Run Away Events (Ross McDowell) to utilize the Riverwalk and City streets for the Oshkosh Half Marathon, Relay and 5K on Saturday, April 29, 2023 from 8:00 a.m. to 12:30 p.m., in accordance with the municipal code, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Department Staffing $4,067.29 (preliminary estimate includes dedicated staffing of 36 CSO hrs., 5 supervisor hrs., and 40 Officer Hours.) Equipment / Vehicle $401.25 (preliminary estimate includes 25 hrs. of dedicated use of police vehicles) Supplies / Materials $44.00 (preliminary estimate includes use of no parking signs) FEBRUARY 28, 2023 23-81 RESOLUTION CONT’D Street Department Staffing $438.76 (preliminary estimate includes dedicated staffing of 14 hrs. for the delivery & pick up of barricades and signs) Equipment / Vehicle $80.46 (preliminary estimate includes 14 hrs. of dedicated use of a truck and trailer for the delivery & pick up of barricades and signs) Supplies / Materials $275 (preliminary estimate includes use of barricades and signs) FEBRUARY 28, 2023 23-82 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / WINNEBAGO AUDOBON SOCIETY / OSHKOSH BIRD FEST COMMITTEE / UTILIZE RAINBOW MEMORIAL PARK FOR THE OSHKOSH BIRD FEST / MAY 6, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the Winnebago Audubon Society / Oshkosh Bird Fest Committee (Janet Wissink) to utilize Menominee Park on Saturday, May 6, 2023 from 5:30 a.m. to 2:00 p.m. (actual event time 6:00 a.m. – 12:00 p.m.) for the Oshkosh Bird Fest in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. Birds of prey exhibit will be allowed for educational/demonstration purposes. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None FEBRUARY 28, 2023 23-83 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / OSHKOSH GARDEN CLUB / UTILIZE THE FRONT GROUNDS OF THE OSHKOSH PUBLIC MUSEUM FOR THE OSHKOSH GARDEN CLUB PLANT SALE / MAY 20, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Oshkosh Garden Club (Lee Ann Lily) to utilize the front grounds of Oshkosh Public Museum, on Saturday, May 20, 2023, from 8:00 a.m. to 2:00 p.m. for the Oshkosh Garden Club Plant Sale, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None FEBRUARY 28, 2023 23-84 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / VIETNAM VETERANS OF AMERICA CHAPTER 437 / UTILIZE CITY STREETS TO HOLD THE OSHKOSH 4TH OF JULY PARADE JULY 4, 2023 INITIATED BY: CITY ADMINISTRATION WHEREAS, the City of Oshkosh has received a special event application from the Vietnam Veterans of America Chapter 437 to utilize City streets for the Oshkosh 4th of July Parade Tuesday, July 4, 2023 from 9:00 a.m. to 11:00 a.m.; and WHEREAS, the Vietnam Veterans of America Chapter 437 has requested horses to be allowed on City streets for the 4th of July parade. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Oshkosh that approval is granted to the Vietnam Veterans of America Chapter 437 (Duane Cannon) to utilize City streets: N. Main Street and E. Irving Avenue on Tuesday, July 4, 2023 from 9:00 a.m. to 11:00 a.m. to hold the Oshkosh 4th of July Parade in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow horses in the City during this event, reasonable set up and clean up and during transport to and from the event. Horses shall not be stabled in or otherwise remain in the City except as provided in this paragraph. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. FEBRUARY 28, 2023 23-84 RESOLUTION CONT’D Cost Estimates for Extraordinary Services None FEBRUARY 28, 2023 23-85 RESOLUTION (CARRIED 6 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE SPECIAL EVENT / BUSINESS IMPROVEMENT DISTRICT (BID) CONSORTIUM / UTILIZE MARKET STREET & OPERA HOUSE SQUARE FOR THE DOWNTOWN CHALK WALK AUGUST 5, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the BID Consortium (Sandy Prunty) to utilize Market Street and Opera House Square on Saturday, August 5, 2023 (rain date August 12, 2023) from 6:00 a.m. to 6:00 p.m. for the Downtown Chalk Walk, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. To allow chalk to not be removed immediately following the end of the event, a Type D modified inlet protection (or equivalent) must be installed in all inlets (approximately 7) abutting the Opera House Square. Inlet protection must be approved by the Department of Public Works and shall be installed by a contractor licensed by the City for work in the ROW. Inlet protection shall be installed no more than 3 days prior to the event and shall be removed once all chalk residue has disappeared from the sidewalk and no longer than 3 weeks after the rain date of the event date. If the event is rescheduled to the rain date after installation, inlet protection may remain in place until after the event. If Type D modified inlet protection (or equivalent) is not installed by a licensed contractor; the clean-up is to be completed through a combination of the use of a sidewalk sweeper and low-power power washing of any remaining residue as approved by the City of Oshkosh Department of Public Works. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to FEBRUARY 28, 2023 23-85 RESOLUTION CONT’D supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $8.24 (preliminary estimate includes setup and teardown of barricades & signs) Public Works Staffing $31.92 (preliminary estimate includes dedicated staffing of 1 hr. for the delivery & pick up of barricades) Vehicle / Equipment $22.99 (preliminary estimate includes 1 hr. of dedicated use of a truck for delivery & pick up of barricades) Supplies / Materials $22 (preliminary estimate includes dedicated use of barricades) FEBRUARY 28, 2023 23-86 RESOLUTION (CARRIED 5 – 0 Ford Present LOST ____ LAID OVER ____ WITHDRAWN _____) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: ADVISORY PARKS BOARD COMMITTEE ON AGING LANDMARKS COMMISSION LONG RANGE FINANCE COMMITTEE PUBLIC ARTS AND BEAUTIFICATION PUBLIC MUSEUM 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 23, 2023 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the February 28, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. ADVISORY PARKS BOARD Koby Schellenger – alternate to full seat COMMITTEE ON AGING Joanne Murphy-Spice – alternate to full seat Allyson Ford - alternate LANDMARKS COMMISSION Sara Stichert – alternate to full seat LONG RANGE FINANCE COMMITTEE Todd Hutchinson – alternate to full seat PUBLIC ARTS AND BEAUTIFICATION Rich Normberg - alternate PUBLIC MUSEUM BOARD Vicky Redlin - alternate to full seat 1 Moran, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Thursday, August 29, 2019 8:10 AM To:Moran, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:8/29/2019 8:09:48 AM Name (Last, First, Middle) Address City State Zip Koby Schellenger 1212 Otter Ave Oshkosh, WI 54901 Employer Occupation: Planned Parenthood of Wisconsin Regional Public Affairs Coordinator 18 Years of Age or Older Yes Home Phone (920) 420-6787 Business Phone (920) 420-6787 Email Address koby.schellenger@gmail.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 23 Education: Graduated Oshkosh West High School, 2002 Graduated UW-Madison, 2005 BA Economics, BA Philosophy 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: Public Arts and Beautification Committee 3 Grand Opera Advisory Board 3 Board/Commission 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? I have a well-rounded set of experiences that make me a good fit for this position. I have served on the Winnebago County Board as well as City Boards and Committees and seen the benefits of sound financial planning as well as the pitfalls of poor planning. I'm familiar with municipal budgeting, specifically how Oshkosh has managed and compiled a budget and CIP to fit within certain parameters both self-imposed and externally imposed. I have familiarity with the financial tools available to municipalities and the philosophy the City has ascribed to over the last decade when it comes to long range financial planning and targets. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would continue to help the committee build to the financial targets and goals that are in place. 1 Moran, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Tuesday, September 14, 2021 10:51 AM To:Moran, 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:9/14/2021 10:51:25 AM Board/Commission Committee on Aging Name (Last, First, Middle) Address City State Zip Joanne Murphy spice 1926 Vinland St Oshkosh, WI 54901 Employer Occupation: Winnebago County Health Department Healthy Aging Programs Coordinator 18 Years of Age or Older Yes Home Phone 920-334-2624 Business Phone 920-232-3006 Email Address jmurphyspice@co.winnebago.wi.us Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 10 Education: M.ED. BSE 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? I worked with seniors at the Valley VNA and island Shores in Neenah. I ran the Senior Friends Program through ADVOCAP. I currently coordinate all the Aging evidence based programs for Seniors for Winnebago County. Please write a concise statement which describes why you wish to serve on the above Board/Commission. My passion is connecting people to the many resources already available to seniors in Oshkosh. I also want to expand the healthy aging classes offered from the state to the residents of Oshkosh. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Monday, February 20, 2023 1:14 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:2/20/2023 1:14:16 PM Board/Commission Committee on Aging Name (Last, First, Middle) Address City State Zip Allyson Ford 1628 White Swan Dr. Oshkosh, WI 54901 Employer Occupation: Aurora Nurse Practitioner 18 Years of Age or Older Yes Home Phone 414-732-6939 Business Phone 414-732-6939 Email Address allyson.ford@gmail.com Cell Phone 414-732-6939 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 10 Education: Bachelor's degree in Science-Nursing from Marquette University (2005), Master's degree in Science-Nursing with specialization in adults and geriatrics from Concordia University (2016). Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): Yes List name, department and relationship: Michael Ford (Husband)- City Councilman and member of Committee on Aging. List any potential conflicts of interest: Employed by Aurora as a nurse practitioner and see patients in local skilled nursing facilities. Husband is on City Council List City boards, commissions or committiees on which you have served: Years: 2 N/A Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I am certified as an Adult-Gerontology Primary Care Nurse Practitioner and work with residents of some of the local nursing homes. I have a background in hospice nursing and a passion for geriatrics, leading to an understanding of the challenges, risks, healthcare, planning, and end of life issues faced by the aging population. Another pertinent experience is my time as a volunteer for Advocap as part of the Senior Friends Program. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I recognize the value in our older adult and aging population in Oshkosh and the importance of providing resources as a city for the challenges and needs of older adults. I look forward to finding ways to harness the strengths of an aging population as well as ways of supporting those who need help. It would be an honor to be an advocate for the aging population and be able to make appropriate recommendations to the City Council. 1 Moran, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, August 11, 2021 6:21 PM To:Moran, 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:8/11/2021 6:21:16 PM Board/Commission Landmarks Commission Name (Last, First, Middle) Address City State Zip Sara L Stichert 416 W 5th Ave Oshkosh, WI 54902 Employer Occupation: Retired librarian 18 Years of Age or Older Yes Home Phone 920-420-4290 Business Phone 920-420-4290 Email Address sarastichert@gmail.com Cell Phone 920-420-4290 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 44 Education: BS, Library Science. UW Oshkosh, 1980. 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? My best friend and I own a home in Oshkosh which is over 100 years old. We have torn out old carpeting and 1930s tile so that we could sand and refinish our floors. I have a great appreciation of old architecture. I also really like history. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I think it is important to keep the public informed on what is happening with things, even though this can be a double edged sword at times. I believe my over 30 years of library service at Polk Library on the UWO campus could be a useful asset to the committee and therefore the larger community. 1 Moran, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Tuesday, April 5, 2022 11:56 AM To:Moran, 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:4/5/2022 11:56:23 AM Board/Commission Long Range Finance Committee Name (Last, First, Middle) Address City State Zip Todd Hutchison 2536 Fond Du Lac Rd Oshkosh, WI 54902 Employer Occupation: Self-employed - Wisconsin Redevelopment, LLC/ABC Development, LLC Real Estate Investment/Developer 18 Years of Age or Older Yes Home Phone 414-791-4222 Business Phone 414-791-4222 Email Address todd@4-abc.com Cell Phone 414-791-4222 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 7 Education: Bachelors of Science - Architecture Licensed Architect Licensed Real Estate Broker Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: NA List any potential conflicts of interest: There may be potential real estate development or investment projects that I pursue in Oshkosh from time to time. List City boards, commissions or committiees on which you have served: Years: Rental Housing Advisory Board 3 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? For 25 years, I have worked on Real Estate Development projects which have complicated finance structures and and must forecast development costs, income and expenses and also must manage during construction development and operation of the projects. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I am a fiscal conservative and I believe that improving the financial position of the City improves the City from a competitive standpoint for attracting new residents, businesses and industry. My background looks at a wide range of resources to complete projects and also for ways to complete projects more efficiently/effectively, I would work to do the same for the City of Oshkosh. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Thursday, January 19, 2023 2:44 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:1/19/2023 2:43:32 PM Board/Commission Arts and Beautification Committee Name (Last, First, Middle) Address City State Zip Richard A. Norenberg 716 e. Tennessee Ave Oshkosh, Wi Employer Occupation: Self Counselor 18 Years of Age or Older Yes Home Phone (920) 573-9208 Business Phone (920) 573-9208 Email Address richnorenberg@foxrivercounseling.com Cell Phone (920) 573-9208 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 39 Education: BS, MSE Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: I have a personal interest in moving forward community art. As someone previously involved in one such project, I want to see the preservation of the mural on the Sparr Building on High Avenue. I also may be interested in being involved in other work stemming from this project. I also have an interest in Jambalaya Arts and the projects they are moving forward with especially those that are free to the public. Further, I am an 2 artist at The Wagner Artist Group. Last, I have an interest in preserving the historical buildings and areas in Oshkosh. List City boards, commissions or committiees on which you have served: Years: Friends of Lakeside Park (Secretary) 1 Communities at Oshkosh North (Lead Artist) 1 SAGE at Webster Stanley Elementary (various roles) 10 Parent Representative Sports Committee (Oshkosh North Boys Golf and Girls Volley Ball) 4 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I have spent the past 30 years of my life connected to various community organizations, schools, and athletic programs as a teacher, coach, member, and group facilitator in an effort to utilize my educational background and range of experience as an artist, educator, and counselor in a way that benefits the community at large. From being a coach in Oshkosh Youth Baseball, as an involved parent at Webster Stanley, to working as a volunteer with high school art students at Oshkosh North, my aim has stayed true and that has been to help create a culture that is supportive of others growth throughout their lives. As an educator and counselor, trained TQM manager, and dedicated volunteer, I believe I have a the necessary skills, commitment, and background to help move art forward in Oshkosh. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I want to begin by seeking to understand the current functioning of the Oshkosh Arts and Beautification Committee and find my way into the process that fits the needs of our group through open and clear communication. I want to listen to the committee and community. I also believe I have perspective to share that could help shape the direction of our work. All in all, I hope to help create a culture that creates and supports the arts.. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Saturday, August 6, 2022 6:10 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:8/6/2022 6:10:26 PM Board/Commission Public Museum Board Name (Last, First, Middle) Address City State Zip Vicky Redlin 1050 Greenfield Trail Oshkosh WI 54904 Employer Occupation: retired from Winnebago County 18 Years of Age or Older Yes Home Phone 920-479-4449 Business Phone 920-232-1960 Email Address vixes2092@gmail.com Cell Phone 920-479-4449 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 57 Education: Bachelor of Science in Art UWO 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: Bike Ped 5 Landmarks 5 Public Art 3 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? 23 years of experience in local government. Community leadership with various boards and community groups. Lifelong resident. Spent many summers in elementary taking classes at the museum, which remains dear to me. Please write a concise statement which describes why you wish to serve on the above Board/Commission. help to build awareness of museum programs, community benefits, and opportunities for growth. FEBRUARY 28, 2023 23-87 RESOLUTION (CARRIED 6 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL 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: Masonic Building Association……………………………..March 3, 2023 – 6:00 p.m. –11:45 p.m. Person in Charge: Mark Rutkowski Event Name: ACW Wrestiling 204 Washington Ave., Oshkosh, WI FEBRUARY 28, 2023 23-87 RESOLUTION CONT’D SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Masonic Building Association……………………………..March 29, 2023 – 4:00 p.m. –11:45 p.m. Person in Charge: Mark Rutkowski Event Name: Guns & Gold Fundraiser 204 Washington Ave., Oshkosh, WI ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Oshkosh Community YMCA...………………………….…June 25, 2023 – 12:00 p.m. – 4:00 p.m. Person in Charge: Angie Flanigan Event Name: Oshkosh Century Bike Ride 3303 W 20th Ave., Oshkosh, WI SEE EXHIBIT A EXHIBIT A LASTNAME FIRSTNAME ST_ADDRESS CITY EHRIKE JEFFREY 934 WYLDE OAK DRIVE OSHKOSH GARRETT JESTA 1718 N MAIN ST. OSHKOSH GERRITS CORA 1629 OREGON STREET OSHKOSH GILDEMEISTER JOSHUA 2631 S SCHAEFER ST. APPLETON GRIFFITH PATRICK 520 WASHINGTON AVE OSHKOSH HOBBS MELISSA 916 WINNEBAGO AVE OSHKOSH KOHLHOFF RUTHANN 1203 OSHKOSH AVE. OSHKOSH MUELLER ANNA 115 BOWEN STREET OSHKOSH PETERSON SETH 1835 W PERSHING STREET APPLETON PHILLIPS MARGARET 2453 BURNWOOD DR OSHKOSH PIETRZAK JOSHUA 1181 APPLE COURT OSHKOSH REINDERS ALEXA 1236A SUMMIT AVE OSHKOSH SHEA TRISTON 814 WISCONSIN STREET OSHKOSH STRAVELER MAYA 2534 SHOREWOOD DR. OSHKOSH VUE OCEANA 466 SULLIVAN STREET APT 5 OSHKOSH ZEINERT DAVID 1550 W 9TH AVE. OSHKOSH FEBRUARY 28, 2023 23-88 ORDINANCE FIRST READING – No Action Taken (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: AMEND LOADING ZONE AND PARKING REGULATIONS AROUND JEFFERSON ELEMENTARY SCHOOL INITIATED BY: TRANSPORTATION DEPARTMENT RECOMMENDATION: TRAFFIC AND PARKING ADVISORY BOARD - APPROVED WHEREAS, the Transportation Department recommends approval to amend loading zone and parking regulations around Jefferson Elementary School to improve traffic flow in the area. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27A-11 pertaining to parking regulations on designated streets and alleys of the Oshkosh Municipal Code is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS 11th Avenue Delete Therefrom: No Parking, stopping, standing, waiting, north side from Minnesota Street to 140 feet east of Minnesota Street between 7:30 a.m. and 4:30 p.m. on school days. Loading zone, north side from 140 feet east of Minnesota Street to 270 feet east of Minnesota Street, between 7:30 a.m. and 4:30 p.m. on school days. FEBRUARY 28, 2023 23-88 ORDINANCE FIRST READING CONT’D Add Thereto: Bus loading zone, north side from 11th Avenue to 132 feet east of Minnesota Street from 7:30 a.m. and 4:30 p.m. on school days. Minnesota Street Delete Therefrom: Bus loading zone, east side, from 11th Avenue to 168 feet north of 11th Avenue between 7:30 am and 4:30 pm on school days. Add Thereto: Passenger loading zone east side from W. 11th Avenue to W. 10th Avenue from 7:30 a.m. to 4:30 p.m. on school days SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-XX on March 14, 2023, AMEND PARKING REGULATIONS ON 11TH AVENUE AND MINNESOTA STREET (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance will amend loading zone and parking regulations around Jefferson Elementary School. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director DATE: February 24, 2023 RE: Amend Loading Zone and Parking Regulations around Jefferson Elementary School BACKGROUND In an effort to improve traffic flow around Jefferson Elementary School, the School administration, School Resource Officer and I met and evaluated traffic flow around the school and ways to improve it. The recommendations to improve traffic flow were implemented with a 30-day trial which produced great results. The school is requesting to implement these changes permanently. The Traffic and Parking Advisory Board recommends approval. (6-0) ANALYSIS The recommended changes to traffic flow around the school were very successful during the trial period and should continue to improve the situation. FISCAL IMPACT The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget. RECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to parking regulations on designated streets and alleys. Respectfully Submitted, Approved: Jim Collins, Transportation Director Mark A. Rohloff, City Manager FEBRUARY 28, 2023 23-89 ORDINANCE FIRST READING – No Action Taken (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: PROHIBIT RIGHT TURN ON RED FROM WESTBOUND 6TH AVENUE ONTO OHIO STREET INITIATED BY: TRANSPORTATION DEPARTMENT RECOMMENDATION: TRAFFIC AND PARKING ADVISORY BOARD - APPROVED WHEREAS, the Transportation Department recommends approval to prohibit right turn on red from westbound 6th Avenue onto Ohio Street. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27A-2 pertaining to prohibited right turns of the Oshkosh Municipal Code is hereby amended as follows: A-2 PROHIBITED RIGHT TURNS: Add Thereto: Westbound traffic on 6th Avenue onto Ohio Street. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-XX on March 14, 2023, PROHIBIT RIGHT TURN ON RED FROM WESTBOUND 6TH AVENUE ONTO OHIO STREET (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-2 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PROHIBITED RIGHT TURNS). The ordinance will prohibit right turn on red from westbound 6th Avenue onto Ohio Street. FEBRUARY 28, 2023 23-89 ORDINANCE FIRST READING CONT’D The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director DATE: February 24, 2023 RE: Prohibit right turn on red light from westbound 6th Avenue onto Ohio Street BACKGROUND Transit drivers and citizens have reported concerns that vehicles traveling west on 6th Avenue are turning right in front of them causing near miss safety issues. The issue is caused by buildings which are right on the right of way causing obstructed view. The Traffic and Parking Advisory Board recommends approval. (6-0) ANALYSIS The recommended change should increase the safety of the intersection and make motorists aware there is a potential safety issue with the right turn movement. FISCAL IMPACT The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget. RECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-2 of the Municipal Code pertaining to prohibited right turns. Respectfully Submitted, Approved: Jim Collins, Transportation Director Mark A. Rohloff, City Manager FEBRUARY 28, 2023 23-90 ORDINANCE FIRST READING – No Action Taken (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: ADD ANGLED PARKING EAST SIDE OF BAUMAN STREET BETWEEN TYLER AVENUE AND VAN BUREN AVENUE IN THE VACINITY OF THE MARINA LOCATED AT 1000 BAUMAN STREET INITIATED BY: TRANSPORTATION DEPARTMENT RECOMMENDATION: TRAFFIC AND PARKING ADVISORY BOARD - APPROVED WHEREAS, the Transportation Department recommends approval to add angled parking on Bauman Street to alleviate on street parking on adjacent residential streets in relation to a Marina located at 1000 Bauman Street. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27A-11 pertaining to parking regulations on designated streets and alleys of the Oshkosh Municipal Code is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS Bauman Street Add Thereto: Add angled parking east side of Bauman Street in between Tyler Avenue and Van Buren Avenue in the vicinity of 1000 Bauman Street by the Marina. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. FEBRUARY 28, 2023 23-90 ORDINANCE FIRST READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-XX on March 14, 2023, ADD ANGLE PARKING ON BAUMAN STREET (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance will add angled parking on the east side of Bauman Street between Van Buren Avenue and Tyler Avenue. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director DATE: February 24, 2023 RE: Add Angled Parking East Side of Bauman Street between Tyler Avenue and Van Buren Avenue in the Vicinity Of The Marina Located At 1000 Bauman Street BACKGROUND Baumann Street is being reconstructed this year. Fox Harbor Marina (dba Midwest Rental) does not have any off street parking available. Currently, customers are parking on the grass terrace and on the residential streets. Midwest has asked staff if and how parking could be better accommodated. Staff evaluated the area and angled parking at 1000 Bauman Street, east side between Van Buren Avenue and Tyler Avenue could be accommodated with the street reconstruction. The city’s engineering and planning division recommend approval. The Traffic and Parking Advisory Board recommends approval. (5-1) ANALYSIS The recommended angled parking should greatly decrease the number of vehicles parking on residential streets during peak summer months which will benefit traffic and pedestrian safety in the area. FISCAL IMPACT The fiscal impact of the angled parking is additional pavement which will be absorbed by the requesting party. The city cost will be signage which will be included in the street reconstruction budget. RECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to parking regulations on designated streets and alleys. Respectfully Submitted, Approved: Jim Collins, Transportation Director Mark A. Rohloff, City Manager FEBRUARY 28, 2023 23-91 ORDINANCE FIRST READING – No Action Taken (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL–9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT (I) FOR PROPERTIES LOCATED AT 904 GROVE STREET AND 847 OAK STREET INITIATED BY: NATE CONSIDINE, BRAY ARCHITECTURE 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 at 904 Grove Street and 847 Oak Street from Single Family Residential-9 (SR-9) District to Institutional District (I). 904 GROVE STREET: ALL OF LOT 26 OF BLOCK B OF G. L. MADISON’S NORTH PARK ADDITION AND THE ADJACENT ½ OF GROVE STREET BEING PART OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN. 847 OAK STREET: ALL OF LOT 33 AND PART OF LOT 32 OF BLOCK B OF G. L. MADISON’S NORTH PARK ADDITION AND THE ADJACENT ½ OF OAK STREET AND VACATED OAK STREET, BEING PART OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO FEBRUARY 28, 2023 23-91 ORDINANCE FIRST READING CONT’D COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 33; THENCE N00°16’21”W, 56.00 FEET ALONG THE WEST LINES OF SAID LOTS 33 AND 32; THENCE N89°45’14”E, 167.00 ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 33 TO A POINT ON THE CENTERLINE OF VACATED OAK STREET; THENCE S00°16’20”E, 56.00 FEET ALONG THE CENTERLINES OF VACATED OAK STREET AND OAK STREET TO A POINT ON THE EXTENDED SOUTH LINE OF SAID LOT 33; THENCE S89°45’14”W, 167.00 FEET ALONG THE EXTENDED SOUTH LINE AND SOUTH LINE OF SAID LOT 33 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 9,352 SQUARE FEET OR 0.215 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–9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT (I) FOR PROPERTIES LOCATED AT 904 GROVE STREET AND 847 OAK STREET on March 14, 2023. This ordinance changes the zoning of the properties located at 904 Grove Street and 847 Oak Street from Single Family Residential-9 (SR-9) District to Institutional District (I). 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 23, 2023 RE: Approve Zone Change from Single Family Residential–9 District (SR-9) to Institutional District (I) for Properties Located at 904 Grove Street and 847 Oak Street BACKGROUND The applicant requests a zone change from the existing Single Family Residential – 9 District (SR-9) to Institutional District (I) for properties located at 904 Grove Street and 847 Oak Street. The subject area consists 904 Grove Street and 847 Oak Street, which neighbors Webster-Stanley Middle School at 915 Hazel Street. 904 Grove Street previously had a single-family home on the lot that was razed in 2021. 847 Oak Street was acquired by the school district in January 2023 and they plan to raze that home as well. Webster Stanley Middle School is zoned Institutional District (I) and the two residential lots are zoned Single Family Residential–9 District (SR-9). ANALYSIS The applicant is requesting a zone change to Institutional District (I) for the subject properties. This request is intended provide consistent zoning for a future lot combination with the neighboring school site. The applicant intends to have these two lots and the Webster Stanley School site combined into one lot through a CSM for future construction of a new school. The proposed rezone will allow for the space needed to accommodate development of the new school. Staff is supportive of the proposed rezone to Institutional District. RECOMMENDATION The Plan Commission recommended approval of the rezone on February 21, 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 I: PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL- 9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT (I) FOR PROPERTIES LOCATED AT 904 GROVE STREET AND 847 OAK STREET Plan Commission meeting of February 21, 2023. GENERAL INFORMATION Applicant: Nate Considine, Bray Architecture Owners: James Fochs, Oshkosh Area School District Action(s) Requested: The applicant requests a zone change from the existing Single Family Residential – 9 District (SR- 9) to Institutional District (I) for properties located at 904 Grove Street and 847 Oak 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 area consists of two lots, 904 Grove Street and 847 Oak Street, which neighbor Webster-Stanley Middle School at 915 Hazel Street. 904 Grove Street previously had a single family home on the lot that was razed in 2021. 847 Oak Street was acquired by the school district in January 2023 and they plan to raze that home as well. Webster-Stanley Middle School is zoned Institutional District (I) and the two residential lots are zoned Single Family Residential – 9 District (SR-9). The surrounding area consists primarily of residential uses along with the existing Webster Stanley Middle School to the north and Menominee Park to the east. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject area. Subject Site Existing Land Use Zoning 904 Grove St – Vacant 847 Oak St – Residential Single Family Residential-9 (SR-9) Recognized Neighborhood Organizations Menominee North Adjacent Land Use and Zoning Existing Uses Zoning North Institutional Institutional South Residential Single Family Residential-9 (SR-9) East Residential Single Family Residential-9 (SR-9) ITEM I: Rezone 904 Grove St. and 847 Oak St.. 2 West Residential Single Family Residential-9 (SR-9) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light Density Residential ANALYSIS Zone Change The applicant is requesting a zone change to Institutional District (I) for the subject properties. This request is intended provide consistent zoning for a future lot combination with the neighboring school site. The applicant intends to have these two lots and the Webster Stanley School site combined into one lot, through a CSM, for future construction of a new school. Although these lots are not specifically identified for Institutional land use per the 2040 Comprehensive Plan, the Comprehensive Plan is not intended to be parcel-specific. The proposed rezone will allow for the space needed to accommodate development of the new school. Therefore, staff is supportive of the proposed rezone to Institutional District. 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. (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 21, 2023. The following is their discussion on the item. Site Inspections Report: Ms. Propp, Ms. Scheuermann and Mr. Bowen all reported visiting the site. ITEM I: Rezone 904 Grove St. and 847 Oak St.. 3 Staff report accepted as part of the record. The applicant requests a zone change from the existing Single Family Residential – 9 District (SR- 9) to Institutional District (I) for properties located at 904 Grove Street and 847 Oak Street. Mr. Nielsen 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 Institutional District (I) for the subject properties. This request is intended provide consistent zoning for a future lot combination with the neighboring school site. The applicant intends to have these two lots and the Webster Stanley School site combined into one lot, through a CSM, for future construction of a new school. Although these lots are not specifically identified for Institutional land use per the 2040 Comprehensive Plan, the Comprehensive Plan is not intended to be parcel-specific. The proposed rezone will allow for the space needed to accommodate development of the new school. Therefore, staff is supportive of the proposed rezone to Institutional District. 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. Jim Fochs; 1404 S Main St, said that Oshkosh Area School District had the opportunity to purchase two residential lots. They have been working with the City in this project in what will become Merrill Elementary School. These areas will help with the playground area. 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 Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. REZONE 915 HAZEL ST PC: 2-21-2023 PAUL F/SHELLEY K MUETZEL 830 GROVE ST OSHKOSH, WI 54901 834 GROVE STREET LLC 907 S MAIN ST OSHKOSH, WI 54902 TIMOTHY A FUHRMANN 840 GROVE ST OSHKOSH, WI 54901 TODD K HALLIDAY 900 GROVE ST OSHKOSH, WI 54901 JASMINE A MCCARVILLE 841 OAK ST OSHKOSH, WI 54901 BARBARA A JACOB 837 OAK ST OSHKOSH, WI 54901 GLENN E/ELIZABETH J TAYLOR 815 OAK ST OSHKOSH, WI 54901 MATTHEW C GRUETTNER 836 OAK ST OSHKOSH, WI 54901 GERALD A SCHUHART 842 OAK ST OSHKOSH, WI 54901 PATTI WALDECKER 920 E MELVIN AVE OSHKOSH, WI 54901 DEE WALTER 511 PYLE AVE OSHKOSH, WI 54901 AARON KONITZER/MARGARET LOVGREN 915 GROVE ST OSHKOSH, WI 54901 KYLE L/KELLY M KALMERTON 911 GROVE ST OSHKOSH, WI 54901 STACY L GROFF 905 GROVE ST OSHKOSH, WI 54901 SARAH TIBBITS 845 GROVE ST OSHKOSH, WI 54901 RICHARD L/KELLIE J ABRAHAMSON 839 GROVE ST OSHKOSH, WI 54901 OSHKOSH AREA SCHOOL DISTRICT PO BOX 3048 OSHKOSH, WI 54903 NATE CONSIDINE, AIA, NCARB, BCP 829 S 1ST ST MILWAUKEE, WI 53204 JAMES FOCHS 1404 S MAIN ST OSHKOSH, WI 54902 GRO VE ST OAK ST SI E WE R T TR E L IN C O L N AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/31/2023 1 in = 120 ft 1 in = 0.02 mi¯915 HAZEL ST 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 PAR KWAY AV OA K S T BROAD ST MONROE ST BOYD ST EV ANS ST GROV E ST E MEL VIN AV STERLING AV BROAD ST OAK ST GROV E ST EVANS ST GEHRESCT MONROE ST PO W E R S S T BROAD ST BROAD ST POWER S ST E TENNESSEE AV BONG CT SIEWERT TR E TENNESSEE AV E M EL VIN A V E LINCOLN AV E PAR KWAY AV BAL DWI N AV CLEVELAND AV E IRVING AV BAL DWIN AV OAK ST EVANS ST PYLE AV MONROE ST PRATT TR OAK ST PRATTTR EPARKW A Y A V FA IR VI EW ST SIEWERT TR OAK ST GROVE ST E IRVING AV MENOMINEEDR E NEW YOR K AV BOWEN ST HAZEL ST HAZEL ST Oshkosh Oshkosh City City Limit Limit 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 DR-6-PD I I I I I I I-PD MR-36-PD SR-3 SR-5 SR-9 SR-9 TR-10 TR-10-PD UMU-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/31/2023 1 in = 500 ft 1 in = 0.09 mi¯915 HAZEL ST 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 GRO VE ST OAK ST SI E WE R T TR E L IN C O L N AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 1/31/2023 1 in = 100 ft 1 in = 0.02 mi¯915 HAZEL ST 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 FEBRUARY 28, 2023 23-63 23-92 ORDINANCE FIRST READING SECOND READING (CARRIED 6 – 0 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 FEBRUARY 28, 2023 23-63 23-92 ORDINANCE FIRST READING SECOND 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 West 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 FEBRUARY 28, 2023 23-64 23-93 ORDINANCE FIRST READING SECOND READING (CARRIED 6 – 0 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 FEBRUARY 28, 2023 23-64 23-93 ORDINANCE FIRST READING SECOND 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 FEBRUARY 28, 2023 23-65 23-94 ORDINANCE FIRST READING SECOND READING (CARRIED 6 – 0 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 FEBRUARY 28, 2023 23-65 23-94 ORDINANCE FIRST READING SECOND 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 FEBRUARY 28, 2023 23-65 23-94 ORDINANCE FIRST READING SECOND 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 FEBRUARY 28, 2023 23-65 23-94 ORDINANCE FIRST READING SECOND 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 FEBRUARY 28, 2023 23-65 23-94 ORDINANCE FIRST READING SECOND 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 FEBRUARY 28, 2023 23-65 23-94 ORDINANCE FIRST READING SECOND 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 FEBRUARY 28, 2023 23-66 23-95 ORDINANCE FIRST READING SECOND READING (CARRIED 6 – 0 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 FEBRUARY 28, 2023 23-66 23-95 ORDINANCE FIRST READING SECOND 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 conditions 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 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, 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 28, 2023 23-96 RESOLUTION (CARRIED 5 – 0 Palmeri Present LOST______LAID OVER______WITHDRAWN______) PURPOSE: AUTHORIZE STAFF TO FILE WATER RATE MODEL WITH THE PUBLIC SERVICE COMMISSION OF WISCONSIN INITIATED BY: CITY ADMINISTRATION WHEREAS, the City retained Ehlers Public Finance Advisors (Ehlers) to complete a conventional water rate application and rate case through the Wisconsin Public Service commission (PSC); and WHEREAS, Ehlers and city staff have completed an extensive review process with PSC staff on the City’s rate case including development of a rate structure consistent with the City’s current rate structure implementing a declining block rate for all customer classes and an alternative lifeline rate structure implementing an inclining block rate for the residential class of customers; and WHEREAS, PSC has preliminarily indicated that both rate structures would meet current PSC requirements and requires that the City make a determination of which rate structure and model the City is proposing to proceed with for final PSC determination; WHEREAS, city staff is recommending the proposed rate structure which is consistent with the City’s current rate structure. NOW, THEREFORE, BE IT RESOLVED that the proper City Officials are authorized and directed to complete the City’s submission for the water rate increase application to the Public Service Commission of Wisconsin with a rate structure consistent with the City’s current rate structure implementing a declining block rat e for all customer classes as shown in the attached information. City Manager Mark A. Rohloff City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5002 http://www.ci.oshkosh.wi.us DATE: February 10, 2023 TO: Honorable Mayor and Common Council FROM: Russ Van Gompel, Director of Finance SUBJECT: Lifeline Option for Water Rate Increase A Water Rate Application and Rate Case has been prepared and submitted to the Wisconsin Public Service Commission (PSC) by our financial advisers, Ehlers. A copy of their review and submittal is attached for your review. The PSC requires utilities to prepare and prese nt a cost- of-service model for their consideration of the rates necessary for a regulated p ublic utility. Ehlers has prepared two cost-of-service models, one based on the current rate structure and one which includes a concept of a Lifeline rate. At the February 28, 2023 City Council meeting, Council will be asked to determine which model the City would like to submit to the PSC for their consideration. The PSC will conduct a public hearing and make the final determination of the rates. The revenue requirement necessary to meet the operations of the water utility show that an average 18% increase in rates is necessary. A graph with the history of water rates since 2005 is attached for your review. When reviewing the attached schedules from Ehlers, please remember that the City bills customers in units of 100 cubic feet and the current tiers for rates are based on the first 1,000 cf, the next 2,333 cf, the next 63,334 cf, and a rate for over 66,667 cf. If a Lifeline rate structure is utilized, a separate tier structure would be created for residential customers. Residential customers’ rates would be based on the first 200 cf, the next 200 cf, the next 500cf, and over 900 cf. Only the first tier, with amounts less than 200 cf, is the rate for residential customers that is less than non-residential. After the first tier, the rates for residential customer is higher than non-residential. The breakeven point for residential and non -residential customers is between 500 and 600 cf. Residential customers using more than 600 cf of water per month will pay more than non-residential customers if the City were to use the Lifeline Rate Structure. The average residential customer uses just under 400 cf per month. Please note that in no case does the PSC allow the city to allocate a greater share of the residential cost of service to non-residential customers. The Lifeline rate simply reallocates the cost of service within the residential rate class, with a rate benefit to the lowest usage customer. That benefit is then reallocated within the remainder of the residential class. Additionally, the PSC does not provide for any income based reallocation of costs. Given the uncertainty over who would actually benefit from a Lifeline rate, Council should consider the fa ct that low income residents may be in housing that does not necessarily result in low water usage. In that case, Lifeline rates may actually have a negative impact on low income customers. One final point to consider or keep in mind is that this rate is to keep pace with current needs of the water utility and does not consider any financial impact for the cost of the Clearwell project. It is expected that another rate case will be submitted after the Clearwell project is completed and the cost of construction is finalized. MEMORANDUM TO: City of Oshkosh Common Council FROM: Jon Cameron & Lisa Trebatoski DATE: February 10, 2023 SUBJECT: Conventional Water Rate Case Lifeline Rate Proposal Ehlers was retained to complete a Conventional Water Rate Application and Rate Case through the Wisconsin Public Service Commission (PSC). Ehlers and City staff have gone through an extensive review process with PSC staff on the City’s rate case, and PSC staff has developed and released the revenue requirement for the water utility. The revenue requirement shows a $2,720,166 increase to existing water user rate revenues, or 18%, is needed to meet the total operations expense of the water utility. With the finalization of the revenue requirement, Ehlers has developed two cost-of-service water user rate proposals at the request of the Common Council for review and consideration. The first proposal continues the City’s existing rate structure, which is a declining block rate structure, for all customer classes. The second proposal includes the development of a lifeline rate for the residential customer class. The lifeline rate proposal would include an inclining block rate structure for the residential class with the smallest block being a lifeline block, and representing basic water use for an average residential customer. The multi-family and non-residential customer classes would continue to be on a declining block rate structure under this proposal. This two-part user rate for residential and non-residential customers is consistent with current PSC practice for utilities that have employed a similar user rate style. A summary showing the proposed user rates by scenario is summarized below. Existing User Rate Structure Proposal (user rates are per 100 cubic feet) Volume Rates Current Rates New Rates % +/- First CF 19% Next CF 18% Next CF 23% Next CF Over CF 19% 63,334 $4.55 $5.60 1,000 $5.12 $6.10 2,333 $4.90 $5.80 66,667 $4.26 $5.05 Lifeline User Rate Structure Proposal (user rates are per 100 cubic feet) Both user rate models were preliminarily reviewed by PSC staff and found to follow generally accepted utility rate making practices. Furthermore, the two user rate models present user rates that are fair and equitable to all customer classes, and follow the principals of cost causation, meaning those who cause the costs pay the costs. These factors are vital to establishing user rates and having the user rates approved by the PSC. A summary showing the current and proposed user rates for several sample residential customers under current and proposed user rates for the existing rate structure and the lifeline rate structure are summarized below. Also enclosed are key exhibits from the two rate study proposals showing the current and proposed water user rates. The results show that for lower usage customers the lifeline rate proposal shows a small difference in the monthly user rates compared to the current rate structure. Larger usage residential customers have a smaller monthly water bill under the current rate structure compared to the lifeline rate proposal. We will be on hand at the February 28th Common Council meeting to present the proposed rate models and answer any questions. The goal for the Council on February 28th is to provide direction to Ehlers and City staff on which rate model to file with the PSC for approval as part of the rate case. Residential Current Rates New Rates % +/- First CF $5.25 Next CF $6.25 Next CF $7.25 Next CF $0.00 Over CF $8.25 200 200 500 - 900 Non-Residential Current Rates New Rates % +/- First CF 19% Next CF 18% Next CF 23% Next CF Over CF 19%66,667 $4.26 $5.05 63,334 $4.55 $5.60 - $0.00 1,000 $5.12 $6.10 2,333 $4.90 $5.80 Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 10.24 22.22 266.64 0.52% 1.07% New 4.07 9.94 12.20 26.21 314.52 18% 0.62% 1.26% Lifeline 4.07 9.94 10.50 24.51 294.18 10% 0.58% 1.18% Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 20.48 32.46 389.52 0.77% 1.56% New 4.07 9.94 24.40 38.41 460.92 18% 0.91% 1.84% Lifeline 4.07 9.94 23.00 37.01 444.18 14% 0.87% 1.78% Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 40.96 52.94 635.28 1.25% 2.54% New 4.07 9.94 48.80 62.81 753.72 19% 1.48% 3.01% Lifeline 4.07 9.94 52.00 66.01 792.18 25% 1.56% 3.17% Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 85.50 97.48 1,169.76 2.30% 4.68% New 4.07 9.94 101.60 115.61 1,387.32 19% 2.73% 5.55% Lifeline 4.07 9.94 125.25 139.26 1,671.18 43% 3.28% 6.68% Notes: Volume amounts per last rate case PSC Docket 4480-WR-111. Small Residential User - 200 Cubic Feet Average Residential User - 400 Cubic Feet Large Residential User - 800 Cubic Feet Large Residential User - 1700 Cubic Feet COS - Current Rate Structure Table 1 Fixed Rate Calculations City of Oshkosh, WI Inside Customers Meter Size Existing Equivalent Proposed 1 Percent Change Customer costs & No: $415,731 23,855 5/8"8.60$ $9.94 $9.94 16% Billing costs per customer $1.45 3/4"8.60$ $9.94 $9.94 16% 1"13.40$ $14.94 $15.00 12% Meter costs: $780,586 31,903 1 1/4"18.00$ $19.97 $21.00 17% Meter costs per eq meter $2.04 1 1/2"23.00$ $24.55 $25.00 9% 2"35.00$ $37.12 $40.00 14% Billing Frequency 12 2 1/2"-$ $49.53 $52.00 0% 3"54.00$ $57.85 $59.00 9% Service costs: $1,982,869 25,605 4"79.00$ $84.69 $86.00 9% Service costs per eq meter $6.45 6"137.00$ $142.12 $145.00 6% 8"207.00$ $209.75 $211.00 2% 10"294.00$ $297.76 $299.00 2% 12"381.00$ $385.77 $386.00 1% 40% 40% Inside Customers Meter Size Residential Multi-Family Commercial Industrial Public Authority Total 5/8"$1,060,666 $8,950 $32,340 $358 $5,728 $1,108,043 3/4"$1,394,929 $7,996 $138,311 $2,029 $6,206 $1,549,470 1"$31,860 $35,100 $64,440 $4,680 $5,940 $142,020 1 1/4"$0 $0 $0 $0 $0 $0 1 1/2"$900 $43,500 $36,600 $6,000 $9,600 $96,600 2"$0 $32,640 $68,160 $14,880 $36,480 $152,160 2 1/2"$0 $0 $0 $0 $0 $0 3"$0 $1,416 $26,904 $7,788 $30,444 $66,552 4"$0 $8,256 $16,512 $6,192 $19,608 $50,568 6"$0 $5,220 $8,700 $0 $6,960 $20,880 8"$0 $0 $0 $0 $5,064 $5,064 10"$0 $0 $0 $0 $3,588 $3,588 12"$0 $0 $0 $0 $0 $0 Total 2,488,355 143,078 391,968 41,927 129,618 3,194,945 Service Charge Calculation General Service Charge Revenue by Class Water COSS Draft V2 Prepared 1/27/2023 COS - Current Rate Structure Table 2 Volumetric Rate Calculation City of Oshkosh, WI Consumption Block 1 Block 2 Block 3 Block 4 Block 5 0% 100% Volume Rates Current Rates New Rates % +/- First CF 19% Next CF 18% Next CF 23% Next CF Over CF 19% Total Revenue Total Residential 5,643,400$ Multi Family 1,305,730$ Commercial 2,504,870$ Industrial 1,323,800$ Pub Auth 1,551,348$ Total Revenue 12,329,147$ 1000 2333 63334 0 66667 890,500 60,275 94,575 9,300 16,875 1,071,525 Residential Multi‐Family Commercial Industrial Public Authority Total 3,925 91,650 240,175 106,975 158,000 600,725 32,650 71,415 79,400 12,215 23,775 219,455 0 2,100 24,250 118,250 84,300 228,900 00000 0 63,334 $4.55 $5.60 1,000 $5.12 $6.10 2,333 $4.90 $5.80 Block 5 5,432,050$ 189,370$ 21,980$ -$ -$ 66,667 $4.26 $5.05 Block 1 Block 2 Block 3 Block 4 367,678$ 414,207$ 513,240$ -$ 10,605$ 576,908$ 460,520$ 1,344,980$ -$ 122,463$ 6,536,303$ 1,272,839$ 3,364,060$ -$ 1,155,945$ 56,730$ 70,847$ 599,060$ -$ 597,163$ 102,938$ 137,895$ 884,800$ -$ 425,715$ Water COSS Draft V2 Prepared 1/27/2023 COS - Current Rate Structure Table 3 Public Fire Protection Rate Calculation City of Oshkosh, WI $2,206,706 Public Fire Protection Cost of Public Fire Protection Service Municipal Charge Revenue $650,000 Direct Charge Revenue Required $1,556,706 Noncustomer lots charged fire protection:0 Charge per Billing Period per Noncustomer lots:$4.07 5.76$ Proposed Direct Public Fire Protection Revenues $1,559,692 Difference Between Proposed and Req'd Revenue $2,986 Meter Size Old Rates Equivalent Charges Proposed Charges Percent Change 5/8" $3.38 $4.07 4.07 20% 3/4" $3.38 $4.07 4.07 20% 1" $8.50 $10.17 10.50 24% 1 1/4" $13.00 $15.05 16.00 23% 1 1/2" $17.00 $20.33 21.00 24% 2" $27.00 $32.53 33.00 22% 2 1/2"$50.83 51.00 3" $51.00 $60.99 61.00 20% 4" $84.00 $101.66 102.00 21% 6" $169.00 $203.32 204.00 21% 8" $270.00 $325.30 326.00 21% 10" $405.00 $487.96 488.00 20% 12" $541.00 $650.61 651.00 20% PFP Revenues at Proposed Rates Meter Size Residential Multi-Family Commercial Industrial Public Authority Total 5/8"434,090 3,663 13,236 147 2,344 453,479$ 3/4"570,891 3,272 56,606 830 2,540 634,139$ 1"22,302 24,570 45,108 3,276 4,158 99,414$ 1 1/4"-$ 1 1/2"756 36,540 30,744 5,040 8,064 81,144$ 2"26,928 56,232 12,276 30,096 125,532$ 2 1/2"-$ 3"1,464 27,816 8,052 31,476 68,808$ 4"9,792 19,584 7,344 23,256 59,976$ 6"7,344 12,240 9,792 29,376$ 8"7,824 7,824$ 10"-$ $1,028,039 $113,573 $261,565 $36,965 $119,550 1,559,692$ Water COSS Draft V2 Prepared 1/27/2023 COS - Current Rate Structure Table 4 Revenue Check - Proposed vs COSS City of Oshkosh, WI Cost of Service Proposed Rates Customer Class Revenue at Present Rates Revenue Required Increase over Present Rates Revenue Increase over Present Rates Percent of Cost of Service Residential $6,890,040 $8,257,493 19.85% $8,131,755 18.02% 98.48% Multifamily Residential $1,212,898 $1,469,672 21.17% $1,448,807 19.45% 98.58% Commercial $2,415,852 $2,784,607 15.26% $2,896,838 19.91% 104.03% Industrial $1,135,552 $1,321,208 16.35% $1,365,726 20.27% 103.37% Public Authority $1,398,242 $1,677,766 19.99% $1,680,965 20.22% 100.19% $1,944,701 $2,206,706 13.47% $2,209,692 13.63% 100.14% Total $14,997,285 $17,717,452 18.14% $17,733,783 18.25% 100.09% Public Fire Protection COS - Lifeline Rate Structure Table 1 Fixed Rate Calculations City of Oshkosh, WI Inside Customers Meter Size Existing Equivalent Proposed 1 Percent Change Customer costs & No: $415,731 23,855 5/8"8.60$ $9.94 $9.94 16% Billing costs per customer $1.45 3/4"8.60$ $9.94 $9.94 16% 1"13.40$ $14.94 $15.00 12% Meter costs & No: $780,586 31,903 1 1/4"18.00$ $19.97 $21.00 17% Meter costs per equiv. meter $2.04 1 1/2"23.00$ $24.55 $25.00 9% 2"35.00$ $37.12 $40.00 14% Billing Frequency 12 2 1/2"-$ $49.53 $52.00 0% 3"54.00$ $57.85 $59.00 9% Service costs & No: $1,982,869 25,605 4"79.00$ $84.69 $86.00 9% Service costs per equiv. meter $6.45 6"137.00$ $142.12 $145.00 6% 8"207.00$ $209.75 $211.00 2% 10"294.00$ $297.76 $299.00 2% 12"381.00$ $385.77 $386.00 1% 40% 40% Inside Customers Meter Size Residential Multi-Family Commercial Industrial Public Authority Total 5/8"$1,060,666 $8,950 $32,340 $358 $5,728 $1,108,043 3/4"$1,394,929 $7,996 $138,311 $2,029 $6,206 $1,549,470 1"$31,860 $35,100 $64,440 $4,680 $5,940 $142,020 1 1/4"$0 $0 $0 $0 $0 $0 1 1/2"$900 $43,500 $36,600 $6,000 $9,600 $96,600 2"$0 $32,640 $68,160 $14,880 $36,480 $152,160 2 1/2"$0 $0 $0 $0 $0 $0 3"$0 $1,416 $26,904 $7,788 $30,444 $66,552 4"$0 $8,256 $16,512 $6,192 $19,608 $50,568 6"$0 $5,220 $8,700 $0 $6,960 $20,880 8"$0 $0 $0 $0 $5,064 $5,064 10"$0 $0 $0 $0 $3,588 $3,588 12"$0 $0 $0 $0 $0 $0 Total 2,488,355 143,078 391,968 41,927 129,618 3,194,945 Service Charge Calculation General Service Charge Revenue by Class Water COSS Final Lifeline with inclining rate block v2 Prepared 1/27/2023 COS - Lifeline Rate Structure Table 2 Volumetric Rate Calculation City of Oshkosh, WI Consumption Block 1 Block 2 Block 3 Block 4 Block 5 1000 3,333 66,667 66,667 66,667 Residential Current Rates New Rates % +/- First CF $5.25 Next CF $6.25 Next CF $7.25 Next CF $0.00 Over CF $8.25 Total Revenue Total Residential $5,631,050 200 200 500 ‐ 900 Non-Residential Current Rates New Rates % +/- First CF 19% Next CF 18% Next CF 23% Next CF Over CF 19% Total Revenue Total Multifamily 1,305,730$ Commercial 2,504,870$ Industrial 1,323,800$ Pub Auth 1,551,348$ 1,000 2,333 63,334 ‐ 66,667 200 200 500 - 900 56,730$ 70,847$ 599,060$ -$ 597,163$ 102,938$ 137,895$ 884,800$ -$ 425,715$ Block 5 576,908$ 460,520$ 1,344,980$ -$ 122,463$ 66,667 $4.26 $5.05 Block 1 Block 2 Block 3 Block 4 367,678$ 414,207$ 513,240$ -$ 10,605$ 63,334 $4.55 $5.60 - $0.00 1,000 $5.12 $6.10 2,333 $4.90 $5.80 Block 1 Block 2 Block 3 Block 4 Block 5 $2,310,310 $1,627,925 $1,277,494 $0 $415,322 50,342 2,100 24,250 118,250 84,300 279,242 0000 0 176,206 91,650 240,175 106,975 158,000 773,006 260,468 71,415 79,400 12,215 23,775 447,273 440,059 60,275 94,575 9,300 16,875 621,084 Residential Multi‐Family Commercial Industrial Public Authority Total Water COSS Final Lifeline with inclining rate block v2 Prepared 2/10/2023 COS - Lifeline Rate Structure Table 3 Public Fire Protection Rate Calculation City of Oshkosh, WI $2,206,706 Public Fire Protection Cost of Public Fire Protection Service Municipal Charge Revenue $650,000 Direct Charge Revenue Required $1,556,706 Noncustomer lots charged fire protection:0 Charge per Billing Period per Noncustomer lots:$4.07 5.76$ Proposed Direct Public Fire Protection Revenues $1,559,692 Difference Between Proposed and Req'd Revenue $2,986 Meter Size Old Rates Equivalent Charges Proposed Charges Percent Change 5/8" $3.38 $4.07 4.07 20% 3/4" $3.38 $4.07 4.07 20% 1" $8.50 $10.17 10.50 24% 1 1/4" $13.00 $15.05 16.00 23% 1 1/2" $17.00 $20.33 21.00 24% 2" $27.00 $32.53 33.00 22% 2 1/2"$50.83 51.00 3" $51.00 $60.99 61.00 20% 4" $84.00 $101.66 102.00 21% 6" $169.00 $203.32 204.00 21% 8" $270.00 $325.30 326.00 21% 10" $405.00 $487.96 488.00 20% 12" $541.00 $650.61 651.00 20% PFP Revenues at Proposed Rates Meter Size Residential Multi-Family Commercial Industrial Public Authority Total 5/8"434,090 3,663 13,236 147 2,344 453,479$ 3/4"570,891 3,272 56,606 830 2,540 634,139$ 1"22,302 24,570 45,108 3,276 4,158 99,414$ 1 1/4"-$ 1 1/2"756 36,540 30,744 5,040 8,064 81,144$ 2"26,928 56,232 12,276 30,096 125,532$ 2 1/2"-$ 3"1,464 27,816 8,052 31,476 68,808$ 4"9,792 19,584 7,344 23,256 59,976$ 6"7,344 12,240 9,792 29,376$ 8"7,824 7,824$ 10"-$ $1,028,039 $113,573 $261,565 $36,965 $119,550 1,559,692$ Water COSS Final Lifeline with inclining rate block v2 Prepared 1/27/2023 COS - Lifeline Rate Structure Table 4 Revenue Check - Proposed vs COSS City of Oshkosh, WI Cost of Service Proposed Rates Customer Class Revenue at Present Rates Revenue Required Increase over Present Rates Revenue Increase over Present Rates Percent of Cost of Service Residential $6,890,040 $8,257,493 19.85% $8,119,405 17.84% 98.33% Multifamily Residential $1,212,898 $1,469,672 21.17% $1,448,807 19.45% 98.58% Commercial $2,415,852 $2,784,607 15.26% $2,896,838 19.91% 104.03% Industrial $1,135,552 $1,321,208 16.35% $1,365,726 20.27% 103.37% Public Authority $1,398,242 $1,677,766 19.99% $1,680,965 20.22% 100.19% $1,944,701 $2,206,706 13.47% $2,209,692 13.63% 100.14% Total $14,997,285 $17,717,452 18.14% $17,721,433 18.16% 100.02% Public Fire Protection COS - Lifeline Rate Structure Table 5 Customer Water Bill Comparison at Present and Proposed Rates City of Oshkosh, WI Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 10.24 22.22 266.64 0.52% 1.07% New 4.07 9.94 12.20 26.21 314.52 18% 0.62% 1.26% Lifeline 4.07 9.94 10.50 24.51 294.18 10% 0.58% 1.18% Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 20.48 32.46 389.52 0.77% 1.56% New 4.07 9.94 24.40 38.41 460.92 18% 0.91% 1.84% Lifeline 4.07 9.94 23.00 37.01 444.18 14% 0.87% 1.78% Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 40.96 52.94 635.28 1.25% 2.54% New 4.07 9.94 48.80 62.81 753.72 19% 1.48% 3.01% Lifeline 4.07 9.94 52.00 66.01 792.18 25% 1.56% 3.17% Rates Public Fire Protection 5/8" Meter Volume Total Monthly Total Annual % Change From Current Rates % of MHI ($50,892) % of Low Income ($25,000) Current 3.38 8.60 85.50 97.48 1,169.76 2.30% 4.68% New 4.07 9.94 101.60 115.61 1,387.32 19% 2.73% 5.55% Lifeline 4.07 9.94 125.25 139.26 1,671.18 43% 3.28% 6.68% Notes: Volume amounts per last rate case PSC Docket 4480-WR-111. Small Residential User - 200 Cubic Feet Average Residential User - 400 Cubic Feet Large Residential User - 800 Cubic Feet Large Residential User - 1700 Cubic Feet 3% (10/01/05) 15% (07/03/07) 10% (05/10/11) 19% (04/29/14) 8% (08/01/16)7% (10/01/18) 0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% City of Oshkosh Water Rate Increases FEBRUARY 28, 2023 23-97 RESOLUTION CARRIED 6 – 0 AS AMENDED LOST____LAID OVER____WITHDRAWN_____) PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN FOR A MIXED MULTI-FAMILY RESIDENTIAL/COMMERCIAL DEVELOPMENT ON THE NORTH SIDE OF WEST 20TH AVENUE INITIATED BY: CHET WESENBERG ARCHITECT, LLC PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the Plan Commission finds that the General Development Plan for a mixed multi-family residential/commercial development on the north side of West 20 th Avenue, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan for a mixed multi-family residential/commercial development on the north side of West 20th Avenue, per the attached, is hereby approved with the following findings: 1. The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 2. 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.) 3. 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. 4. 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. 5. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. FEBRUARY 28, 2023 23-97 RESOLUTION CONT’D 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. 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. BE IT FURTHER RESOLVED that the following are conditions of approval for a General Development Plan for a mixed multi-family residential/commercial development on the north side of West 20th Avenue: 1. Base Standard Modification to allow indoor sales and drive-through & 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. 3. Completion of a Traffic Impact Analysis is required prior to Specific Implementation Plan. 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 23, 2023 RE: Approve General Development Plan for a Mixed Multi-Family Residential/Commercial Development on the North Side of West 20th Avenue BACKGROUND The applicant requests approval of a General Development Plan (GDP) for a mixed multi-family residential/commercial development. 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. ANALYSIS The proposed development will have two (2) driveway accesses off of West 20th Avenue and consist of eight (8) eight-unit and nine (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 concerns with the proposed multi-family residential use as it is consistent with the 2040 Comprehensive Land Use Plan recommendation. 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. 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. The site plan meets density, impervious surface, setbacks, and parking stall requirements for the MR-12 district. The final site layout will be approved as part of the Specific Implementation Plan (SIP) request. A BSM 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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us PLAN COMMISSION The February 7, 2023 Plan Commission meeting involved significant discussion related to the proposed development. Planning staff received one correspondence prior to Plan Commission meeting (attached). During the hearing seven neighbors raised concerns related to a number of issues including storm water, traffic, and opposition to multifamily housing in the area. The attached minutes provide further information related to their opposition. Based on the information provided during the hearing, Plan Commission recommended the following condition be added to the GDP approval: Completion of a Traffic Impact Analysis is required prior to Specific Implementation Plan. FISCAL IMPACT Approval of this project will result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $24 million on the proposed project. RECOMMENDATION The Plan Commission recommended approval of the General Development Plan with findings and conditions 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 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 . 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 = 7 5 2 f t 1 i n = 0 . 1 4 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 EX I S T I N G WE T L A N D TRASH ENCLOSURE TRASH ENCLOSURE AS S U M E D R O A D C E N T E R L I N E WO R K P O I N T Sa w y e r C r e e k Cr o s s i n g TRASH ENCLOSURE Bench & Pergola B e n c h & P erg ola B e n c h & P e r g o l a B e n c h & R e t a i n i n g W a l l Connect to Neighborhood Path Connect to Neighborhood Path Mailboxes Pull Off Lane Pull Off Lane TRASH ENCLOSURE PA T I O SE A T I N G CL U B H O U S E & CA F E B U I L D I N G Landscape Bed NE W D N R WE T L A N D YM C A EN T R Y D R I V E PROPERTY LINE 25' SIDEYARD SETBACK PR O P E R T Y L I N E 25 ' R E A R S E T B A C K PROPERTY LINE 25' BUFFERYARD SETBACK PR O P E R T Y L I N E 25 ' B U F F E R Y A R D S E T B A C K PR O P E R T Y L I N E 25 ' F R O N T Y A R D S E T B A C K 20 T H A V E N U E PROPERTY LINE 10' BUFFER YARD SETACK PA T I O SE A T I N G 16 UNIT 8 U N I T 8 G A R A G E ST A L L S 8 UNIT 24 GARAGE STALLS 24 GARAGE STALLS 20 G A R A G E ST A L L S 20 G A R A G E ST A L L S 8 UNIT 8 U N I T 16 UNIT8 UNIT 16 UNIT 8 UNIT 16 U N I T 16 G A R A G E ST A L L S 16 UNIT 8 UNIT 24 GARAGE STALLS 24 GARAGE STALLS 8 UNIT 26+2 SURFACE STALLS 9+ 1 S U R F A C E S T A L L S 10+1 SURFACE STALLS 26+2 SURFACE STALLS 9+1 SURFACE STALLS 22+1 SURFACE STALLS 22 + 1 S U R F A C E S T A L L S 17 + 1 S U R F A C E S T A L L S 17 + 1 S U R F A C E S T A L L S 8+ 1 S U R F A C E S T A L L S 18 + 1 S U R F A C E S T A L L S 7 SURFACE STALLS 12 S U R F A C E S T A L L S 16 UNIT 32 G A R A G E ST A L L S 16 U N I T 16 U N I T 30+2 SURFACE STALLS 27+2 SURFACE STALLS 16 U N I T 20 G A R A G E ST A L L S PL A Y A R E A TRELLIS & BENCH BENCH BENCH B E N C H PL A Y A R E A SA W Y E R C R E E K C R O S S I N G : 16 U N I T B U I L D I N G S 1 - B E D R O O M U N I T S 2 - B E D R O O M U N I T S 8 U N I T B U I L D I N G S 2 - B E D R O O M U N I T S TO T A L A P A R T M E N T U N I T S TO T A L 1 - B E D R O O M U N I T S TO T A L 2 - B E D R O O M U N I T S AP T . G A R A G E P A R K I N G S T A L L S AP T . S U R F A C E P A R K I N G S N D . S T A L L S AP T . A D A S T A L L S / V A N S T A L L S TO T A L A P T . S T A L L S CL U B H O U S E P A R K I N G S N D . S T A L L S CL U B H O U S E A D A S T A L L S / V A N S T A L L S TO T A L C L U B H O U S E S T A L L S SI T E T O T A L G A R A G E S T A L L S SI T E T O T A L S U R F A C E S N D . S T A L L S SI T E T O T A L A C C E S S I B L E / V A N S T A L L S SI T E T O T A L P A R K I N G S T A L L S SI T E T O T A L B I K E S T A L L S 7 SURFACE STALLS 8+1 SURFACE STALLS 9 7 2 7 2 8 6 4 20 8 7 2 13 6 21 2 25 4 14 / 3 48 3 2 2 0/ 1 2 3 21 2 27 6 14 / 4 50 6 4 9 21 9 ' - 6 " 31 9 ' - 6 " 26 8 ' - 1 0 5 / 2 5 6 " SC A L E : 1 " = 4 0 ' 80 ' 40 ' 0' 20 ' 10 ' PICK-UP TY P I C A L 24 ' - 0 " 9' x 1 8 ' TY P . 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 1 Lyons, Mark From:Schueler, Hannah Sent:Tuesday, February 7, 2023 8:01 AM To:Lyons, Mark; Slusarek, Brian E. Subject:FW: Apartment Complex Development on 20th Ave From: Brett Miller [mailto:brett@bammcm.com] Sent: Monday, February 6, 2023 9:02 PM To: Schueler, Hannah <HSchueler@ci.oshkosh.wi.us> Cc: Marie Miller <marie@bammcm.com> Subject: Apartment Complex Development on 20th Ave EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. Good morning, We recently heard about a possible zoning change for the development of a 208-unit apartment complex on 20th Avenue across from the Y. We live on Sawyer Creek Drive and have some concerns about this change. Our concerns are: Health of Sawyer Creek: Sawyer Creek is home to many species of wildlife, some of which are cranes, ducks, geese, possum, fish, and deer. In the spring the fish come up the creek this far to spawn. The overall increased contamination of the creek due to parking lot runoff pollutants and garbage being littered about by 500+ new residents in this small area is concerning. As this is area is known wetlands, has the DNR weighed in on this development proposal? Sawyer Creek flooding: Our property borders Sawyer Creek so we can tell from experience that it currently floods at least twice a year. Adding 500 parking spaces worth of impervious surface will only make that worse. Storm water management will help to mitigate this, but it is unlikely to completely prevent some impact to the creek. Currently it doesn’t typically flood high enough to threaten our house; with this development will that continue to be the case? Is there recourse for those of us along the creek if the flooding gets worse and starts to damage our homes? Traeger School: Is Traeger School going to be able to absorb children from up to 208 apartment units and serve them and the other children in the area to the present level of educational instruction? While I understand that not every apartment will have school-aged children, how will you know how many children will be incoming at Traeger and whether the school will be able to keep up with the demand? Noise: 2 Although temporary, the construction noise will be a problem for those of us in the area. Longer term, there will be additional noise caused by the number of people/vehicles in a relatively small area. A big part of the reason many of us moved out into this area is due to the low amount of noise compared to the rest of the city. Since little to nothing is done by the police to enforce vehicle noise laws, Oshkosh can be a very noisy place. It currently it is a reasonably quiet area and I suspect many would prefer it stay that way. Traffic: The building plans call for 508 parking spaces so it is likely safe to assume there will be about 450 vehicles added to regular 20th Avenue and Oakwood Road area traffic. It is already difficult to turn left on to Oakwood Road during morning and evening traffic; adding 400+ additional vehicles in the area will only compound this frustration. Thank you for your time, Brett and Marie Miller 3061 Sawyer Creek Drive FEBRUARY 28, 2023 23-98 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO THE OSHKOSH KIDS’ FOUNDATION/TINY HOMES PROJECT INITIATED BY: CITY MANAGER WHEREAS, the city of Oshkosh (“City”) was allocated approximately $20.5 million in Federal funds under the American Rescue Plan Act (ARPA) for various eligible purposes including, among other things, public infrastructure projects, as well as support to entities negatively impacted by the COVID-19 pandemic; and WHEREAS, on September 28, 2021, the Common Council for the City of Oshkosh adopted Resolution 21-498, creating parameters for usage of American Rescue Plan Act (ARPA) funds; and WHEREAS, Resolution 21-498 specified that funds spent on non-City programming or direct assistance should be about 25 percent of all ARPA expenditures, which represents approximately $5.1 million of the total ARPA allocation; and WHEREAS City staff solicited project proposals from Oshkosh entities that provide services to residents not normally provided by the city of Oshkosh, particularly those who may have been impacted by the COVID-19 pandemic; and WHEREAS, City staff reviewed applications and suggestions for ARPA funds, taking into consideration ARPA allocation guidelines adopted by the Federal Government, goals identified in the city’s Strategic Plan, needs identified by the general community, and goals established by the Common Council for the City Manager; and WHEREAS, based on a review of the applications from community entities in Oshkosh, the City Manager is prepared to make recommendations on a limited number of ARPA funding requests. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the community entities identified on “Exhibit A” are hereby approved for funding in the amounts shown through funds allocated to the city of Oshkosh through American Rescue Plan Act (ARPA); and BE IT FURTHER RESOLVED that the proper City officials are hereby authorized to take those necessary steps to implement said allocations by preparing and executing the appropriate agreements to ensure that the allocations are made consistent with the subject applications. Funds for this purpose are hereby appropriated from the subject account: 0224-0010-6417, ARPA City Council 3rdParty Payments City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: February 23, 2023 RE: Approve Allocation of American Rescue Plan Act (ARPA) Funds to the Oshkosh Kids’ Foundation/Tiny Homes Project ($225,000) BACKGROUND In 2021, the city received notification that it would be receiving approximately $20.5 million in funds under the American Rescue Plan Act (ARPA). After a review of the various types of eligible projects, Council directed staff to allocate 75% of the ARPA funds to infrastructure projects, and the remaining funds to nonprofit entities and non -infrastructure purposes. The remaining 25% is slightly over $5.1 million. In June of 2021, staff solicited proposals from citizens and area nonprofits. Now that some time has passed and some ARPA funds have been made available through other sources, Council has asked that I bring forward recommendations on the use of the remaining 25% allocation for nonprofit purposes. Because of the time that has elapsed since these initial proposals were made, I have followed up with several nonprofit agencies to determine their current needs and the status of their initial applications. Following those meetings, I gave these groups the opportunity to make amendments to their initial request if necessary. Following a review of the current needs, I have identified five nonprofits that I believe meet several criteria for addressing both short and long -term goals established by Council. As the attached sheet indicates, I reviewed short term goals established under ARPA and annual goals that Council has set forth for me, as well as long-term goals as established through long range plans of the city, including our Strategic Plan. The short term goals that staff identified are as follows: Help those with immediate needs Help those directly impacted by COVID-19 Compliant with federal ARPA regulations Politically acceptable to the Council and Community Ability to leverage ARPA funds with other revenue sources Avoid duplication of effort with other agencies and avoid duplication of ARPA funds The long-term goals identified through various long-range plans include the following: Strategic plan goals Long term visible impact Long-term benefit to individuals and community Long-term relief to those repaying ARPA funds in the future. To date, Council has approved two rounds of allocations totaling $2,550,480 in ARPA funds allocated for non-infrastructure purposes to five (5) different community entities (see attached). This leaves approximately $2,578,141 in ARPA funds remaining for these purposes, which represents approximately 50.3% of the funds set aside for non-infrastructure purposes. The project I am recommending in the third round of funding is for the following: Oshkosh Kids Foundation / Tiny Homes Project - $225,000 Council will recall that the Oshkosh Kids Foundation (OKF) had previously requested $2 50,000 for their Tiny Homes Project on Packer Avenue. Subsequent to their request, they received a grant from the state of Wisconsin through Winnebago County for approximately $5 70,000. At that time, it was my belief that the county grant would cover both the city and county’s share of their original ARPA request. OKF representatives have informed me that they are still seeking the $225,000 for these site plan costs which were part of their original request to us (Note: original amount of $250,000 on application has been revised to $225,000). Their req uest is part of their overall fundraising effort of over $4.5 million. This grant request is consistent with both ARPA goals and the city’s Strategic Plan goals, particularly as it relates to homelessness prevention. Since the time of their request, the Kids’ Foundation has already admitted two families into the units, and are in the process of finishing the remaining units and screening additional applicants for occupancy. Given their progress, this grant is reasonable, as it will cover just 5% of their total project cost. SUGGESTED USE:REQUESTED AMOUNT (est.)RECOMMENDED AMOUNT Oshkosh Kids’ Foundation/Tiny Homes Project 250,000$ 225,000$ * 250,000$ 225,000$ *Original application/request has been revised Approve Allocation of American Rescue Plan Act (ARPA) Funds Exhibit A SUGGESTED USE:APPROVED AMOUNT Christine Ann Domestic Abuse Shelter 350,000$ ADVOCAP Eviction Prevention Program 130,480$ Boys and Girls Club Facility Expansion 1,600,000$ COTS Transitional Housing Program 250,000$ Oshkosh Food Co-op 220,000$ 2,550,480$ ARPA non-infrastructure allocation 5,128,621$ Previously allocated 2,550,480$ Remainder for future allocations 2,578,141$ ARPA allocations for Non-Infrastructure Purposes Through Oct 15, 2022 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 http://www.ci.oshkosh.wi.us TO: Mayor and Council Members FROM: Lynn Lorenson, City Attorney Kelly Nieforth, Director of Community Development DATE: February 22, 2023 RE: Graffiti Remediation BACKGROUND At a recent Council meeting the Council directed staff to look at the City’s current graffiti ordinance and practices specifically with reference to the standards for cleanup of graffiti and matching building design and aesthetics. Since 2020, there have been approximately 70 complaints that the Oshkosh Police Department has dealt with regarding graffiti on public or private property. In all cases, the property owner was responsible for the removal of the graffiti. CITY’S CURRENT MUNICIPAL CODE (1) Graffiti Ordinance The City’s current graffiti ordinance is found in Section 17-37. The language relevant to abatement is, “Every owner of a structure or property defaced by graffiti shall cover or remove the graffiti within 15 days in compliance with written notice served upon them by the Oshkosh Police Department to remove or cover such graffiti.” (2) Zoning Ordinance In addition to our graffiti ordinance, our municipal code prohibits repair work that results in an appearance “not consistent with the overall design character of the original structure” for one and two family residential properties. Section 30-241(D)(3)(c). There is no similar language or requirements for commercial properties. Although this provision on its face could arguably be used to address improper graffiti remediation for single and two family residential properties, the planning division advised that they do not currently interpret “repair” to include painting or other graffiti remediation. OTHER MUNICIPALITIES We reviewed the municipal code of thirteen other cities in Wisconsin.1 10 of the 13 had similar language to Oshkosh’s ordinance. Three remaining cities (Sheboygan, Milwaukee, and Kenosha) had some additional clarifying language: - Sheboygan – indicates compliance is obtained if graffiti “is obliterated by a primary paint and matching building paint or by such other means as shall obliterate the graffiti.” - Milwaukee – “The minimum compliance of any order shall be obliteration of graffiti by a primer paint. Removal of the graffiti with primer paint and matching building paint or other suitable removal system appropriate to the surface shall be encouraged.” - Kenosha – Defined removal to mean “obliterate and remove graffiti by such means as will restore real property to its condition existing prior to defacement by graffiti.” Only Kenosha’s language requires that the property owner return the property to its condition existing prior to defacement. City Sponsored Graffiti Removal Programs Several cities have established city sponsored graffiti removal programs to assist property owners whose property has been damaged by graffiti. The City of Madison has established a Graffiti Removal Co-Pay Program where the City of Madison hires a contractor to remove graffiti. A property owner can apply to the City for help removing graffiti from their property. The property owner pays $100 flat fee per removal and the City covers the rest of the contractor’s cost. Through the contract with the contractor, the City is able to specify the manner and level of graffiti abatement. 1 Cities reviewed – Milwaukee, Madison, Appleton, FDL, Sheboygan, Eau Claire, La Crosse, Green Bay, Kenosha, Racine, Waukesha, Janesville, West Allis West Allis also has a Graffiti Abatement Program. The police department hired a Graffiti Abatement Specialist who cleans up the graffiti once a police report is generated and the property owner signs a release of liability form. According to the 2021 annual r eport, West Allis had 255 removals in 2021. Again, through the use of a city employee the City is able to specify the manner and level of graffiti abatement for each property. Community Education The City of Milwaukee does not have a removal program, but their website has a dedicated page to graffiti removal techniques and shares information about the appropriate solvent to use and how to abate on different surface types, etc. ANALYSIS The City of Oshkosh’s current ordinance requires the removal or covering of graffiti; it does not require the property owner to match the paint or take other actions to make the removal/covering aesthetically pleasing. Our current design standards as to residential properties have not been interpreted to require graffiti removal to be consistent with the overall building design and aesthetic and the city does not have anything in our current code prohibiting mix-matched paint or design on homes or commercial buildings. For example, there is nothing in our current code that prohibits a commercial property owner from painting a black box, white box, etc. on the side of their building. A prohibition in the limited case of graffiti may not make sense in this context as it is arguably illogical to prohibit the same conduct when a property owner is trying to remediate graffiti when it would not be prohibited otherwise. Language could be added to tighten this provision and require property owners to restore the property to the same or better condition as was done in Kenosha. By the very nature of this issue, there will be interpretation and questions in the extent of enforcement that will need to be resolved by the enforcing authority – either the police department or Department of Community Development. In addition to the concerns regarding the extent of enforcement raised above, staff was concerned about the reasonableness and potential unfairness of requiring a victimized property owner to pay even more money to remediate their property to a higher standard. A city sponsored graffiti abatement program such as those put forth by Madison and West Allis would address these concerns, but would add cost to the City budget. RECOMMENDATION Staff is seeking further direction from Council in relation to the direction that Council would like to take in relation to graffiti enforcement. The City of Oshkosh ordinance is comparable to the majority of cities that were reviewed and addresses the immediate problem of covering or removing of graffiti. While staff can add clarifying language to the ordinance requiring property owners to match existing building paint and design, these requirements may cause additional cost and/or burden to property owners who have already been the victim of graffiti. Additional options may be to provide greater information on graffiti removal to property owners or to provide some form of graffiti removal cost assistance, though the second option would also involve cost to the City which would depend on the level of support that the Council directs. Respectfully Submitted, Approved: Lynn Lorenson, City Attorney Mark A. Rohloff, City Manager Kelly Nieforth, Director of Community Development THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: February 21, 2023 RE: Professional Services Agreement with Facility Engineering Inc. for Masonry Assessment and Repair for the Oshkosh Public Museum ($27,450.00) BACKGROUND At their November, 9, 2022 meeting the Common Council allocated $350,000.00 in American Rescue Act (ARPA) funds for this project. The purpose of this project is to identify, assess and remedy areas of deteriorating sealant, masonry, and stucco and wood siding of both the Museum’s Sawyer Home and Steiger Wing buildings. The scope of this professional services agreement includes condition assessment, design development, bid specifications and construction administration and closeout. ANALYSIS Facility Engineering Inc. (FEI) submitted a proposal of $27,450.00 for these services for this project. The project is expected to begin in spring, 2023. FISCAL IMPACT The total cost for FEI’s services for this project is $27,450.00. The Council has allocated a total of $350,000.00 in ARPA funds for this project which will include FEI’s services and the future contractor bid. This project will be charged to A/N#: 02241070 7214 15231 (Buildings- Museum Masonry Overhaul). RECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including architectural services, may be procured without the use of competitive bidding or quotation process. In accordance with Section 12 -16 of the Code, I am hereby submitting this report regarding this professional services proposal. Please contact me or Museum Director Sarah Phillips if you have any questions concerning this agreement. Respectfully Submitted, Mark A. Rohloff, City Manager DocuSign Envelope ID: 36E27978-845C-47D6-9937-1D67AAC959DF DocuSign Envelope ID: 36E27978-845C-47D6-9937-1D67AAC959DF DocuSign Envelope ID: 36E27978-845C-47D6-9937-1D67AAC959DF DocuSign Envelope ID: 36E27978-845C-47D6-9937-1D67AAC959DF DocuSign Envelope ID: 36E27978-845C-47D6-9937-1D67AAC959DF 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 met to review options other that replacement fees.3/31/2023 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 County set to convene county wide meeting. 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 Downtown study underway. 5/10/2022 City Manager ARPA funding for non-infrastructure purposes 1 Non-profit application/request is on the 2/28/23 agenda.2/28/2023 11/9/2022 City Manager Graffiti Policy analysis is on the 2/28/23 agenda.2/28/2023 11/9/2022 City Manager Boards and Commissions Study Council AdHoc Committee continues to meet with staff liaisons.4/1/2023 1/10/2023 DPW/Legal Sanitary District Negotiations Negotiations to resume; City Attorney has forwarded brief to Council 3/31/2023 2/28/2023 Council Meeting