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Home My WebLink About03.28.23 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). OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN March 28, 2023 A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Ford B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE Oshkosh West High School E. INTRODUCTION OF STAFF Eric Moran, Sanitation Manager F. PRESENTATIONS G. CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) H. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1. Report of Bills by the Finance Director 2. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 3.14.23 3. Receipt & Filing of Claim filed with the City’s Insurance Company: A.) Carla Grunwald, alleged damage to tire due to pothole on Koeller near Mineshaft Restaurant B.) Brad Dassey, alleged damage to tire and tire rims due to pothole on Washburn Street, near Quest Flooring OSHKOSH COMMON COUNCIL – March 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. H. CONSENT AGENDA ITEMS continued 4. Receipt & Filing of the Cash and Investment Report for December 2022 5. Res 23-132 Disallowance of Claim – Carla Grunwald 6. Res 23-133 Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract No. 22-17 South Koeller Street Concrete Patching / Vinton Construction Company, Inc. (+$25,359.45) 7. Res 23-134 Authorize Grant Application to the Wisconsin Department of Natural Resources for Urban Nonpoint Source and Storm Water Grant Program 8. Res 23-135 Approve Jurisdictional Offer for Tax I.D. Parcel No. 0020381 for Contract 21-15 Sawyer Creek Rural II Detention Basin for $380,000.00 (Withdrawn by Staff) 9. Res 23-136 Approve Conditional Use Permit to Establish an Indoor Food Production Land Use at 714 Division Street (Plan Commission Recommends Approval) 10. Res 23-137 Approve Specific Implementation Plan Amendment for a Drive-Through Lane and a Building Addition at 2310 Westowne Avenue (Plan Commission Recommends Approval) 11. Res 23-138 Award Bid to Harold Carpenter Overhead Doors for Overhead Garage Door Replacement and Loop Switch Installation for Water Distribution Center ($74,936.00) 12. Res 23-139 Award Bid to Badger Laboratories, Inc. for 2023 Flow Monitoring Services: Sanitary Sewer Collection System for Wastewater Utility ($96,206.00) 13. Res 23-140 Approve Cooperative Purchase of Tandem Axle Plow Truck from Quality Truck Care Center and Plow/Wing Components from Monroe Truck Equipment, Inc. for Streets Division ($311,500.00) 14. Res 23-141 Approve Contract Amendment with Oshkosh City Cab Co. for one-year pilot Micro-transit program to provide inter-city services between Oshkosh and Neenah 15. Res 23-142 Approve Operating Budget Amendment for Oshkosh Public Museum Pertaining to Receipt of Donation and Expense for Employee Development Training for Textile Preservation ($1,000.00) 16. Res 23-143 Approve Special Event – Lenz Works to utilize Stevens Park for the Relative Race Filming April 21, 2023 17. Res 23-144 Approve Special Event – Bago Walleye Club (BWC) to utilize Menominee Park Millers Bay for the BWC Invitationals April 30, May 21, June 4, & July 9, 2023 18. Res 23-145 Approve Special Event – Oshkosh Corporation to hold the BajaSAE Oshkosh at Sunnyview Exposition Center May 4 – 7, 2023 19. Res 23-146 Approve Special Event – UW Oshkosh to host their Spring & Fall Commencements at the UW Oshkosh Kolf Sports Center May 13 & December 16, 2023 OSHKOSH COMMON COUNCIL – March 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. H. CONSENT AGENDA ITEMS continued 20. Res 23-147 Approve Special Event – Paine Art Center & Gardens to utilize Algoma Boulevard and Congress Avenue for the Festival of Spring May 20, 2023 21. Res 23-148 Approve Special Event – Oshkosh Patriotic Council to utilize South Park, Riverside Park, City streets and the City Hall parking lot for the Memorial Day Procession and Services May 29, 2023 22. Res 23-149 Approve Special Event – Father Carr’s Place 2 Be to utilize City streets for the Father Carr’s Bridge Walk June 3, 2023 23. Res 23-150 Approve Special Event – Jambalaya Arts Inc to utilize the alley area behind 401-419 N Main Street for Art in the Alley July 8, 2023 24. Res 23-151 Approve Special Event – Paine Art Center & Gardens to utilize Algoma Boulevard and Congress Avenue for the Faire on the Green July 9, 2023 25. Res 23-152 Appointments to Various Boards and Commissions 26. Res 23-153 Approve Combination “Class B” License, Class “B” License & Operator Licenses I. ITEMS REMOVED FROM CONSENT AGENDA J. NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) *27. Ord 23-154 Designate the Intersection of Bismarck Avenue and Eagle Street as a 4- way stop (Traffic and Parking Advisory Board recommends approval) *28. Ord 23-155 Remove small section of 10-minute parking on Algoma Boulevard (Traffic and Parking Advisory Board recommends approval) K. NEW RESOLUTIONS 29. Res 23-156 Approve Installation of New Sidewalk • Bauman Street, east side, from Van Buren Avenue to Tyler Avenue 30. Res 23-157 Approve Second Amendment to TIF 40 Development Agreement with Miles Kimball LLC for Redevelopment of the Miles Kimball Building L. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 31. Future Agenda Items: 32. Future Workshops: OSHKOSH COMMON COUNCIL – March 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. M. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 33. Report of Council Liaison for Boards & Commissions N. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 34. Cooperative Purchase of two 2023 Ram 1500 Pickup Trucks from Ewald Automotive Group for Parks Department ($73,134.00) 35. Cooperative Purchase of 2023 Dodge Durango from Ewald Automotive Group for Fire Department ($38,841.00) 36. Cooperative Purchase of Hook Lift Apparatus from JWR, Inc. for Streets Division ($68,079.11) 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 6847 03/17/2023 AIRGAS USA LLC 3,183.45 6848 03/17/2023 BADGER LAB & ENGINEERNG CO INC 1,834.70 6849 03/17/2023 BELSON CO 690.48 6850 03/17/2023 BROOKS TRACTOR INC 2,928.21 6851 03/17/2023 CENTRAL TEMP EQUIP SRVC INC 5,498.05 6852 03/17/2023 CENTURYLINK 36.56 6853 03/17/2023 CHEMTRADE CHEMICALS US LLC 4,078.79 6854 03/17/2023 CINTAS CORPORATION 543.10 6855 03/17/2023 COMMUNICATIONS ENGINEERING CO 647.50 6856 03/17/2023 COMPASS MINERALS AMERICA 1,738.98 6857 03/17/2023 CONVERGENT INSURANCE BROKERS, LLC 1,778.43 6858 03/17/2023 CORE AND MAIN LP 1,350.00 6859 03/17/2023 DR HANSEN PLUMBING LLC 1,188.44 6860 03/17/2023 COMPLETE OFFICE OF WISCONSIN INC 516.37 6861 03/17/2023 COMPLETE OFFICE OF WISCONSIN INC 2,065.48 6862 03/17/2023 ENERGENECS INC 630.02 6863 03/17/2023 EVOQUA WATER TECHNOLOGIES LLC 1,456.56 6864 03/17/2023 FIRE APPARATUS & EQUIPMENT INC 178.98 6865 03/17/2023 GLASSTEC LLC 225.00 6866 03/17/2023 GODFREY AND KAHN SC 12,317.50 6867 03/17/2023 JEFF FOUST EXCAVATING INC 5,956.60 6868 03/17/2023 J F AHERN CO 1,205.00 6869 03/17/2023 JOSEPH M STANDIFORD 93.01 6870 03/17/2023 JUSTIFACTS CVS INC 1,107.25 6871 03/17/2023 KOBUSSEN BUSES LTD 16,606.46 6872 03/17/2023 KWIK TRIP INC 2,116.42 6873 03/17/2023 LASER TECHNOLOGY INC 218.50 6874 03/17/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 32,551.81 6875 03/17/2023 MACCO'S COMMERCIAL INTERIORS 3,234.00 6876 03/17/2023 MACQUEEN EQUIPMENT GROUP 1,810.25 6877 03/17/2023 M10 INC 344.35 6878 03/17/2023 MONROE TRUCK EQUIPMENT 328.00 6879 03/17/2023 NORTHERN LAKE SERVICE INC 404.36 6880 03/17/2023 OSHKOSH CITY CAB CO INC 99,397.50 6881 03/17/2023 PLYMOUTH LUBRICANTS 5,709.75 6882 03/17/2023 POLYDYNE INC 18,170.00 6883 03/17/2023 PROFESSIONAL SVC INDUSTRIES 5,655.16 6884 03/17/2023 QUALITY TRUCK CARE CENTER INC 561.23 6885 03/17/2023 REINDERS INC 1,799.88 6886 03/17/2023 ROGAN'S SHOES 641.74 6887 03/17/2023 SECURIAN FINANCIAL GROUP INC 21,077.38 6888 03/17/2023 SMITHGROUP INC 3,000.00 6889 03/17/2023 VALLEY VNA HEALTH SYSTEMS INC 2,056.64 6890 03/17/2023 VANGUARD COMPUTERS INC 1,030.00 6891 03/17/2023 WI PUBLIC SERVICE CORP 198,204.94 6892 03/17/2023 WINNEBAGO COUNTY TREASURER 48,332.50 502572 03/17/2023 ALADTEC INC 11,350.34 502573 03/17/2023 ALEXANDER CHEMICAL CORPORATION 12,317.40 502574 03/17/2023 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00 502575 03/17/2023 AT & T 674.03 502576 03/17/2023 BAY TITLE & ABSTRACT 530,329.23 502577 03/17/2023 BOUND TREE MEDICAL LLC 658.95 502578 03/17/2023 BURKE TRUCK & EQUIPMENT CO 6,483.00 502579 03/17/2023 CARDINAL CONSTRUCTION CO INC 82,827.00 502580 03/17/2023 CECELIA R KRAUSE 20.00 502581 03/17/2023 CHICAGO DISTRIBUTION CENTER 831.41 502582 03/17/2023 DAVINCI ENGINEERING & CONSULT 1,016.87 502583 03/17/2023 DEERE AND COMPANY 16,888.87 502584 03/17/2023 DIVE RIGHT IN SCUBA INC 4,313.00 502585 03/17/2023 EMERGENCY LIGHTING AND ELECTRONICS LLC 1,720.00 502586 03/17/2023 GALLS LLC 1,019.44 502587 03/17/2023 GAT TENOR 2,775.29 502588 03/17/2023 GIZMO OSHKOSH LLC 10,582.21 502589 03/17/2023 HEARTLAND BUSINESS SYSTEMS 2,530.00 502590 03/17/2023 HENRY SCHEIN INC 410.63 502591 03/17/2023 HYDRAULIC ENGINEERING SERVICES INC 1,386.05 502592 03/17/2023 JASON ELLIS 19.00 502593 03/17/2023 JODI ST CHARLES 30.79 502594 03/17/2023 KAL'S SIGN ART LTD 840.00 502595 03/17/2023 KANE COMMUNICATIONS GROUP 36,710.75 502596 03/17/2023 ALONZO KELLY 750.00 502597 03/17/2023 THE LEAGUE OF WISCONSIN MUNICIPALITIES 1,600.00 502598 03/17/2023 LEIGH SCHUH 83.84 502599 03/17/2023 MANOWSKE WELDING CORP 150.00 502600 03/17/2023 MARK A ROHLOFF 317.88 502601 03/17/2023 MARK LYONS 465.42 502602 03/17/2023 MIGUEL A NUNEZ 21.50 502603 03/17/2023 MORAINE PARK TECHNICAL COLLEGE 482.55 502604 03/17/2023 MUNICIPAL ENVIRONMENTAL GROUP 2,000.00 502605 03/17/2023 MUNICIPAL ENVIRONMENTAL GROUP 2,250.00 502606 03/17/2023 MWD HOLDINGS II LLCETAL 5.86 502607 03/17/2023 NORTHERN TELEPHONE &DATA CORP 195.50 502608 03/17/2023 Brianna M. Howard 2,000.00 502609 03/17/2023 Linda Schueler 90.00 502610 03/17/2023 Nathan A./Elizabeth A. Michael 2,000.00 502611 03/17/2023 Pine Apartments I LLC 2,000.00 502612 03/17/2023 CITY OF OSHKOSH 1,251.00 502613 03/17/2023 OSHKOSH HOUSING AUTHORITY 36.93 502614 03/17/2023 CITY OF OSHKOSH UTILITIES 59.99 502615 03/17/2023 PERSONNEL EVALUATION INC 275.00 502616 03/17/2023 POMP'S TIRE SERVICES INC 1,711.11 502617 03/17/2023 PRO EX EXTRUSION INC 191.30 502618 03/17/2023 RACE FORWARD 1,000.00 502619 03/17/2023 RIEBEN SHERRY 84.55 502620 03/17/2023 RISE LEADERSHIP LLC 17,500.00 502621 03/17/2023 ROBERT DREIKOSEN 240.00 502622 03/17/2023 ROBERT REWOLINSKI 47.45 502623 03/17/2023 RUSSELL M VAN GOMPEL 44.54 502624 03/17/2023 SARAH PAUER 270.00 502625 03/17/2023 SCHULZE EXTERIORS LLC 19,710.00 502626 03/17/2023 SEW DIVINE 28.00 502627 03/17/2023 SMA CONSTRUCTION SERVICES LLC 1,030,226.08 502628 03/17/2023 STANARD AND ASSOCIATES INC 137.50 502629 03/17/2023 STEEN-MACEK PAPER CO 242.20 502630 03/17/2023 TDS 38.42 502631 03/17/2023 TECHNOLOGY PLUS LLC 8,097.79 502632 03/17/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 229.76 502633 03/17/2023 THOMSON REUTERS - WEST 362.79 502634 03/17/2023 UMS PRINT SOLUTIONS 426.84 502635 03/17/2023 UNITED MAILING SERVICE INC 912.46 502636 03/17/2023 UW-GREEN BAY 300.00 502637 03/17/2023 UNITED PARCEL SERVICE 94.06 502638 03/17/2023 WISCONSIN PARK & RECREATION ASSOCIATION 550.00 502639 03/17/2023 WINDOWS OF WISCONSIN 20,100.00 502640 03/17/2023 WISCONSIN MEDIA 982.68 502641 03/17/2023 GANNETT WISCONSIN MEDIA 42.00 2,363,999.59 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 6922 03/24/2023 AECOM INC 8,063.75 6923 03/24/2023 AIRGAS USA LLC 3,232.97 6924 03/24/2023 AURORA HEALTH CARE 613.00 6925 03/24/2023 BELSON CO 3,914.14 6926 03/24/2023 CINTAS CORPORATION 511.21 6927 03/24/2023 COMPASS MINERALS AMERICA 54,205.59 6928 03/24/2023 CORE AND MAIN LP 2,020.00 6929 03/24/2023 IMAGE 360 INC 758.05 6930 03/24/2023 CUBIC ITS INC 21,505.00 6931 03/24/2023 DFI SOLUTIONS IN PRINT INC 3,635.87 6932 03/24/2023 DR HANSEN PLUMBING LLC 171.52 6933 03/24/2023 COMPLETE OFFICE OF WISCONSIN INC 1,549.11 6934 03/24/2023 ENERGY SOLUTION PARTNERS LLC 24,804.87 6935 03/24/2023 FIRE APPARATUS & EQUIPMENT INC 267.65 6936 03/24/2023 FRANK'S RADIO SERVICE INC 1,676.60 6937 03/24/2023 GALLAGHER BENEFIT SERVICES INC 6,000.00 6938 03/24/2023 GARROW OIL CORP 22,949.06 6939 03/24/2023 AMERICAN OVERHEAD DOOR COMPANY INC 4,020.84 6940 03/24/2023 JFTCO INC 755.90 6941 03/24/2023 KEMIRA WATER SOLUTIONS INC 10,129.87 6942 03/24/2023 LAFORCE INC 438.00 6943 03/24/2023 MACQUEEN EQUIPMENT GROUP 7,352.64 6944 03/24/2023 MCMAHON ASSOCIATES INC 4,541.00 6945 03/24/2023 M10 INC 672.51 6946 03/24/2023 MONROE TRUCK EQUIPMENT 134.34 6947 03/24/2023 NORTHERN LAKE SERVICE INC 1,294.59 6948 03/24/2023 OTIS ELEVATOR COMPANY 3,690.48 6950 03/24/2023 PLYMOUTH LUBRICANTS 1,398.22 6951 03/24/2023 P T S CONTRACTORS INC 404,137.88 6952 03/24/2023 QUALITY TRUCK CARE CENTER INC 1,077.82 6953 03/24/2023 REINDERS INC 1,698.57 6954 03/24/2023 RENNING LEWIS AND LACY SC 708.00 6955 03/24/2023 RHOMAR INDUSTRIES INC 6,827.13 6957 03/24/2023 VINTON CONSTRUCTION INC 215,953.10 6958 03/24/2023 WI PUBLIC SERVICE CORP 12,962.95 6959 03/24/2023 WINNEBAGO COUNTY TREASURER 1,234.75 502642 03/24/2023 PICKARTS LLC 192.37 502643 03/24/2023 STEPP MANUFACTURING CO INC 2,174.80 502644 03/24/2023 1 N MAIN LLC 968,424.59 502645 03/24/2023 4 IMPRINT 524.70 502646 03/24/2023 AARON BAER 720.00 502647 03/24/2023 ALEXANDER CHEMICAL CORPORATION 12,317.40 502648 03/24/2023 BOUND TREE MEDICAL LLC 9,244.97 502649 03/24/2023 BRAYDEN EWING 20.00 502650 03/24/2023 CHEMAIR HELICOPTERS INC 3,280.00 502651 03/24/2023 CIRCLE R MINK RANCH LLC 360.00 502652 03/24/2023 CLEARGOV INC 34,196.00 502653 03/24/2023 D AND K RENTALS 120.00 502654 03/24/2023 EDT INDUSTRIAL RESOURCES INC 2,517.87 502655 03/24/2023 EZ GLIDE GARAGE DOORS & OPENER 2,763.50 502656 03/24/2023 FASTENAL COMPANY 16,516.79 502657 03/24/2023 GALLS LLC 349.23 502658 03/24/2023 HERITAGE-CRYSTAL CLEAN LLC 654.33 502659 03/24/2023 HYDRAULIC ENGINEERING SERVICES INC 1,776.26 502660 03/24/2023 IECA 450.00 502661 03/24/2023 A. KALMERTON WELDING SUPPLIES 684.54 502662 03/24/2023 KLINK EQUIPMENT 99.95 502663 03/24/2023 ASSOCIATE BANK MS 7707 ESCROW 0.75 502664 03/24/2023 Joshua Wendt 52.50 502665 03/24/2023 OSHKOSH AREA HUMANE SOCIETY 1,301.00 502666 03/24/2023 OSHKOSH AREA HUMANE SOCIETY 597.81 502667 03/24/2023 OSHKOSH AREA SCHOOL DISTRICT 4,435.16 502668 03/24/2023 CITY OF OSHKOSH 1,625.73 502669 03/24/2023 CITY OF OSHKOSH 75.00 502670 03/24/2023 PARK 'N PRINT INC 1,155.00 502671 03/24/2023 PUBLIC SERVICE COMMISSION OF WI 29.64 502672 03/24/2023 STEVE KAISER 686.26 502673 03/24/2023 THOMAS KOPCZYK 20.00 502674 03/24/2023 TKK ELECTRONICS C/O US BANK NA 2,226.97 502675 03/24/2023 TOYS FOR TRUCKS INC 826.09 502676 03/24/2023 UNITED PARCEL SERVICE 234.01 502677 03/24/2023 WEST POINTE BANK 2,013.56 502678 03/24/2023 WI PUBLIC SERVICE CORP 9,751.45 502679 03/24/2023 WISCONSIN POLICY FORUM INC 2,950.00 1,920,275.21 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN March 14, 2023 REGULAR MEETING held Tuesday, March 14, 2023 at 6:00 p.m. in the Council Chambers, City Hall. Deputy Mayor Mugerauer presided until Mayor Palmeri arrived. PRESENT: Council Members Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron Wojciechowski and Mayor Palmeri (arrived 6:24) EXCUSED: Council Member Lynnsey Erickson ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson, City Attorney; and Kelly Nieforth, Community Development Director INTRODUCTION OF STAFF: Denise Edwards, Management Analyst, and Tracy Jungwirth, Staff Accountant, were introduced to the Council. MOTION TO TAKE UP ITEMS 23-130 and 23-131 AT THIS TIME: Ford, second Miller CARRIED: Ayes (5) Ford, Mugerauer, Hansen, Miller, and Wojciechowski MOTION TO NOT TAKE PUBLIC DISCUSSION AT THIS TIME AND LAY OVER ITEMS 23-130 AND 23-131 TO THE MARCH 28, 2023 MEETING: Ford, second Hansen WITHDRAWN MOTION TO NOT TAKE PUBLIC DISCUSSION AT THIS TIME AND LAYOVER ITEMS 23-130 AND 23-131 TO THE APRIL 11, 2023 MEETING: Ford, second Hansen CARRIED: Ayes (5) Ford, Mugerauer, Hansen, Miller, and Wojciechowski 38. Res 23-130 Approve General Development Plan for a Multi-Family Development at the West 3400 Block of Lake Butte des Morts Drive (Plan Commission Recommends Approval) Layover to April 11, 2023 Meeting 39. Res 23-131 Approve Specific Implementation Plan for Phase I of a Multi-Family Development at the West 3400 Block of Lake Butte des Morts Drive (Plan Commission Recommends Approval) Layover to April 11, 2023 Meeting PRESENTATION: Israel Del Toro, Ph.D, presented on “No Mow May” 2 CITIZEN STATEMENTS TO COUNCIL: Terry Schraeder, 1010 Bauman Street informed the Council that the storm sewer work will require trees along the water to be cut down, disrupting the eagles that live there. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1. Report of Bills by the Finance Director 2. Receipt & Filing of Meeting Minutes - Common Council, Regular Meeting 2.28.23 3. Receipt & Filing of Meeting Minutes – Museum Board Meeting 2.2.23 4. Receipt & Filing of Meeting Minutes – Library Board Meeting 1.26.23 5. Receipt & Filing of 2022 Donation Report 6. Receipt & Filing of Claim filed with the City’s Insurance Company: A.) Steven Schauz, alleged damage to mailbox by city snowplow 7. Res 23-99 Disallowance of Claim – Roy Krueger, American Family Insurance 8. Res 23-100 Disallowance of Claim – Tayla Anderson 9. Res 23-101 Approve and Submit Wisconsin Department of Natural Resources 2022 Storm Water Program Annual Report 10. Res 23-102 Approve Professional Services Agreement with Donohue & Associates, Inc. for Water Filtration Plant Corrosion Control Chemical System Final Design and Services during Construction ($197,757.00) 11. Res 23-103 Approve Professional Services Agreement with Professional Service Industries, Inc. for Construction Materials testing for the 2023 and 2024 Capital Improvement Programs ($217,940.00) 12. Res 23-104 Approve Agreement with Core & Main for Two and One-Half Year Service Program for Sensus USA Fixed-Base Water Meter Reading Program ($66,897.85) 13. Res 23-105 Approve CIP Budget Amendment and Award Bid for Public Works Contract 23-07 to Carl Bowers & Sons Construction Co., Inc. for Water Main Replacements – Various Locations ($2,327,891.20) 14. Res 23-106 Approve Professional Services Agreement with Kane Communications Group for Department of Public Works Strategic Communications Plan Implementation Services ($198,800.00) 15. Res 23-107 Approve Commercial Quadricycle License for Oshkosh Brew Bike, LLC Dan Brosman, 1730 Villa Park Drive, spoke on the Oshkosh Pedal Trolley 16. Res 23-108 Grant Electric Easement at 805 Witzel Avenue (New Parks Department Offices and Facilities Building) to Wisconsin Public Service Corporation (Plan Commission Recommends Approval) 3 17. Res 23-109 Approve General Development Plan and Specific Implementation Plan For Construction of an Educational Training Facility at 4233 Waupun Road (Plan Commission Recommends Approval) 18. Res 23-110 Approve Cooperative Purchase of Articulated Front End Loader from Brooks Tractor, Inc. and Plow and Wing from Monroe Truck Equipment, Inc. for Street Division ($417,284.00) 19. Res 23-111 Award Bid to Carew Concrete & Supply Co Inc., MCC Inc., Michels Materials, and Northeast Asphalt Inc. for Road Materials for Various Departments 20. Res 23-112 Approve Cooperative Purchase of Tandem Axle Truck Chassis from Packer City International and Plow/Wing and Attachments from Monroe Truck Equipment, Inc for Streets Division ($295,382.00) 21. Res 23-113 Approve Change Order with CableCom LLC for televising sanitary mains and laterals along fiber installation route for Information Technology $40,125.00) 22. Res 23-114 Accept Fire Special Revenue Fund EMS Flex Grant and Approve Budget Amendment for revenue and increases in expenses toward purchase of Utility Task Vehicle for Oshkosh Fire Department ($8,444.00) 23. Res 23-115 Approve Intergovernmental Agreement with Winnebago County for Inter- City Microtransit Service – Oshkosh/Neenah 24. Res 23-116 Approve Amendment of City Ward Maps to Include March 1, 2023 Intermediate Attachment of Properties from the Town of Algoma 25. Res 23-117 Approve Revised Budget Development Policy 26. Res 23-118 Approve Amendment to 2023 Operations Budget to provide funding for Police Department Training Funds Reimbursed by the State of Wisconsin 27. Res 23-119 Approve Amendment to 2023 Operations Budget to provide funding for the Fire Department Fall Prevention Program 28. Res 23-120 Rescind or Refund Real Estate and Personal Property Taxes A.) Solid Foundations Counseling, LLC 29. Res 23-121 Appointments to Various Boards and Commissions 30. Res 23-122 Approve Agent Change for Combination Class “A” License, Combination “Class B” License, Class “B” and “Class C” License & Operator Licenses MOTION TO ADOPT CONSENT AGENDA: Ford, second Miller CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri ITEMS REMOVED FROM CONSENT AGENDA – NONE 4 PENDING ORDINANCE 31. Ord 23 -123 Amend Loading zone and parking regulations around Jefferson Elementary School on 11th Avenue and Minnesota Street MOTION TO APPROVE: Ford, second Miller CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri 32. Ord 23-124 Prohibit right turn on red from westbound 6th Avenue onto Ohio Street MOTION TO APPROVE: Mugerauer, second Miller CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri 33. Ord 23-125 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. MOTION TO APPROVE: Wojciechowski, second Miller CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri 34. Ord 23-126 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) MOTION TO APPROVE: Mugerauer, second Miller CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri NEW RESOLUTIONS 35. Res 23-127 Adopt Diversity, Equity and Inclusion Committee Strategic Plan MOTION TO APPROVE: Wojciechowski, second Hansen CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri 5 36. Res 23-128 Approve General Development Plan and Specific Implementation Plan for Multi-Family Development at the Northeast Corner of West 4th Avenue and Michigan Street (Plan Commission Recommends Approval) MOTION TO APPROVE: Ford, second Wojciechowski MOTION TO AMEND: Approve project with materials as submitted, delete “ 3. Base Standard Modification to allow standing seam meatal (Class IV material) to be used as accent/trim not to exceed 30% of each façade, where Class IV materials are prohibited in the Riverfront Overlay district (FRO).” and replace with “3. Proposed standing seam metal with hidden fasteners to be considered Class 3 Material.” Wojciechowski, second Palmeri CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri CARRIED AS AMENDED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri 37. Res 23-129 Approve General Development Plan and Specific Implementation Plan for Multi-Family Development at the Northwest Corner of West 4th Avenue and Michigan Street (Plan Commission Recommends Approval) MOTION TO APPROVE: Ford, second Mugerauer MOTION TO AMEND: Approve project with materials as submitted, delete “ 3. Base Standard Modification to allow standing seam meatal (Class IV material) to be used as accent/trim not to exceed 30% of each façade, where Class IV materials are prohibited in the Riverfront Overlay district (FRO).” and replace with “3. Proposed standing seam metal with hidden fasteners to be considered Class 3 Material.” Ford, second Mugerauer CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri CARRIED AS AMENDED: Ayes (6) Ford, Mugerauer, Hansen, Miller, Wojciechowski, and Mayor Palmeri COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 40. Future Agenda Items: 41. Future Workshops: COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 42. Report of Council Liaison for Boards & Commissions. 6 CITY MANAGER ANNOUNCEMENTS & STATEMENTS 43. Cooperative Purchase of Furniture from Complete Office of Wisconsin Inc. for Parks Department ($69,092.83) 44. Professional Services Agreement with AECOM for 2023 Pavement Condition Survey ($39,635) 45. American Rescue Plan Act (ARPA) Funds update 46. Outstanding Issues ADJOURN MOTION TO ADJOURN: Mugerauer, second Ford CARRIED: Voice Vote The Meeting Adjourned at 7:35PM JESSI L. BALCOM, CITY CLERK March 16, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Carla Grunwald Claim Number: WM000702661206 Date of Loss: 03/12/2023 Statewide Services, Inc. is the third-party administrator for the League of Wisconsin Municipalities Mutual Insurance liability and auto program. We received notice of the above-referenced claim and want to assure you that we are in the process of reviewing it. This claim has been assigned to: Sarah Bourgeois, AIC, AINS Claims Rep. II Phone: 608-828-5439 Fax: 800-854-1537 Email Address: sbourgeois@statewidesvcs.com Feel free to call or email the claim handler above. Sincerely, Statewide Services Claim Department cc: McClone Agency – Brian Dandoy March 17, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Brad Dassey Claim Number: WM000702661207 Date of Loss: 03/15/2023 Statewide Services, Inc. is the third-party administrator for the League of Wisconsin Municipalities Mutual Insurance liability and auto program. We received notice of the above-referenced claim and want to assure you that we are in the process of reviewing it. This claim has been assigned to: Doug Detlie Casualty Claims Specialist Phone: 608-828-5503 Fax: 800-720-3512 Email Address: ddetlie@statewidesvcs.com Feel free to call or email the claim handler above. Sincerely, Statewide Services Claim Department cc: McClone Agency – Brian Dandoy Finance Department City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us March 23, 2023 Honorable Mayor and Members of the Common Council City of Oshkosh, Wisconsin Honorable Mayor and Members of the Common Council, Attached is the Cash and Investment Report for City operations and trust accounts for the month of December 2022. Respectfully submitted, Russ Van Gompel, Finance Director RVG Enc Beginning Balance Period Change Ending Balance OPERATING CASH TREASURY CASH - OPERATIONS $193,869,250.36 $28,675,137.96 $222,544,388.32 0707 - TRUST FUNDS 80501 - CEMETERY TRUST $14,685.29 $9.35 $14,694.64 80615 - OPL MEMORIALS $97,512.99 ($8,299.98)$89,213.01 80801 - FISK-GALLUP TRUST $1,000.00 $1,000.00 TRUST AND INVESTMENTS TREASURY CASH - OPERATIONS $28,690,215.98 $102,877.38 $28,793,093.36 0215 - POLICE SPECIAL FUNDS 0227 - MUSEUM MEMBERSHIP FUND $93,544.58 $274.63 $93,819.21 0242 - MUSEUM COLLECTIONS $624,057.11 $1,832.13 $625,889.24 0302 - HEALTHY NEIGHBORHOOD INITIATVE $213,478.54 $290.09 $213,768.63 0541 - WATER UTILITY $1,149,314.07 $3,374.21 $1,152,688.28 0551 - SEWER UTILITY $2,112,280.37 $4,450.30 $2,116,730.67 0561 - STORM WATER UTILITY $539.27 $1.58 $540.85 0605 - POLICE PENSION FUND $78,085.81 ($78,085.81)($0.00) 0607 - FIRE PENSION FUND $2.29 ($2.29)($0.00) 0707 - TRUST FUNDS 80501 - CEMETERY TRUST $1,239,807.88 ($22,671.35)$1,217,136.53 80502 - HARVEY C CLUTE TRUST $67.89 $0.20 $68.09 80503 - HEYMAN TRUST $36,115.29 $131.71 $36,247.00 80504 - ROBERT J HUME TRUST $1,337.36 $4.00 $1,341.36 80505 - AMBER H MAXWELL TRUST $7,496.73 $21.93 $7,518.66 80506 - JOHN FRANCIS ROBERTS TRUST $2,478.34 $7.40 $2,485.74 80507 - LOUISE SARAU TRUST $5,396.51 $16.12 $5,412.63 80601 - OACF OPLCIF HOXTEL $22,824.02 ($1,135.68)$21,688.34 80605 - OACF OPLCIF ARCHER $2,447.61 ($89.96)$2,357.65 80607 - OACF OPLCIF A GRUENWALD $3,655.81 ($134.36)$3,521.45 80609 - OACF OPLCIF G HILTON $16,885.00 ($1,074.69)$15,810.31 80612 - OACF OPLCIF E W KELSH $3,795.06 ($217.46)$3,577.60 80613 - OACF OPLCIF G KENNY $13,294.84 ($505.23)$12,789.61 80618 - OACF OPLCIF SCHUSTER BOOKS $236,021.76 ($11,739.74)$224,282.02 80626 - M RASMUSSEN AMR EL PWR STOCK $1.35 ($1.35)($0.00) 80627 - OACF OPLCIF S ZELLMER $115,500.08 ($4,894.22)$110,605.86 80628 - JOHN HICKS TRUST FUND $178,415.71 $2,112.17 $180,527.88 80629 - OACF DEVELOPMENT & SUPPORT $1,908,349.22 ($8,254.93)$1,900,094.29 80630 - OACF FACILITY IMPROVEMENT $1,387,098.24 ($52,775.61)$1,334,322.63 80631 - OACF PROGRAMMING SUPPORT $799,189.83 ($30,112.16)$769,077.67 80632 - OACF TECHNOLOGY $414,928.58 ($15,250.07)$399,678.51 80633 - OACF COLLECTION IMPROVEMENT FUND $781,961.92 ($59,876.26)$722,085.66 80634 - OACF PRO SUPP FUND - MARY MALNAR $27,740.03 ($2,281.84)$25,458.19 City of Oshkosh Cash and Investment Report For Month Ended December 31, 2022 Beginning Balance Period Change Ending Balance City of Oshkosh Cash and Investment Report For Month Ended December 31, 2022 80635 - OACF TECH FUND - AV TRUST $33,483.66 ($1,230.66)$32,253.00 80636 - OACF TECH FUND - JOHN NICHOLS $67,977.84 ($2,498.43)$65,479.41 80637 - OACF OPLCIF-G JACKSON $2,178.71 ($80.08)$2,098.63 80638 - OACF OPLCIF-W STEIGER $13,592.82 ($499.58)$13,093.24 80639 - LEANDER CHOATE TRUST $2.56 ($2.56)$0.00 80641 - AMY DAVIES LIBRARY TRUST $0.32 ($0.32)($0.00) 80642 - GEORGE HILTON LIBRARY & MUSEUM TRST $3,925.16 $112.08 $4,037.24 80643 - GEORGE HILTON SPECIAL LIBRARY TRUST $1,053.88 ($110.68)$943.20 80644 - FRANK & ANNA ROJAHN TRUST $7,243.35 $565.69 $7,809.04 80645 - MARGUERITE E ZELLMER TRUST $11,046.42 $178.28 $11,224.70 80650 - ABBEY S HARRIS TRUST $1,641.39 $46.93 $1,688.32 80651 - OPL-CIF-RASMUSSEN $47,041.73 ($1,959.30)$45,082.43 80652 - OPL-CIF-ROJAHN $3,931.60 ($144.49)$3,787.11 80701 - ETHEL J BEHNCKE MUSEUM TRUST $149,815.07 ($755.99)$149,059.08 80702 - WILLIAM E BRAY MUSEUM TRUST $11,279.55 ($304.41)$10,975.14 80703 - FREDERICK S & MARION H DUROW TRUST $2,995,396.48 $6,895.45 $3,002,291.93 80704 - LONA & EDWARD G KITZ TRUST $84,420.41 ($15,838.85)$68,581.56 80705 - RICHARD KITZ DIRECTORS TRUST $262,292.19 ($58,843.96)$203,448.23 80706 - MUSEUM ENDOWMENT TRUST $390,323.67 ($16,611.68)$373,711.99 80707 - R KITZ BEQUEST $170,418.93 $59,820.94 $230,239.87 80801 - FISK-GALLUP TRUST $25,428.07 ($20,298.74)$5,129.33 80802 - EMMA J GOULD TRUST $4,007.25 $11.97 $4,019.22 80803 - SOPHIE L HUHN TRUST $4,637.67 $13.86 $4,651.53 80804 - JULIA L STANHILBER LIB & PKS TRUST $774,066.82 ($1,986.65)$772,080.17 80805 - JULIA L STANHILBER PARKS TRUST $1,315.24 $3.93 $1,319.17 80902 - POLICE - ELLA MAE BECK BEQUEST $1.58 ($1.58)$0.00 INVESTMENTS-DEPRECIATION FUND 0541 - WATER UTILITY $153,678.10 $323.78 $154,001.88 INVESTMENTS-REVENUE BOND RESERVE 0541 - WATER UTILITY $4,829,775.48 $19,610.50 $4,849,385.98 0551 - SEWER UTILITY $5,423,757.36 $8,477.49 $5,432,234.85 0561 - STORM WATER UTILITY $7,186,924.31 $15,514.00 $7,202,438.31 MARCH 28, 2023 23-132 RESOLUTION (CARRIED 7 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier which has recommended disallowance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh: NAME - Carla Grunwald Date of loss: 03/12/2023 (alleged damage to tire due to pothole on Koeller near Mineshaft Restaurant) BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh. March 17, 2023 City of Oshkosh Attn: Deb Schmidt PO Box 1130 Oshkosh, WI 54902 Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of loss: 3/12/2023 Our Claim # WM000702661206 Claimant: Carla Grunwald 3125 White Tail Lane, Unit A Oshkosh, WI 54904 Dear Ms. Schmidt, Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance, which insures the City of Oshkosh. We are in receipt of the claim submitted by Carla Grunwald for alleged ve hicle damage due to a pothole on South Koeller Street. We have reviewed the m atter and recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The disallowance will shorten the statute of limitations period to six (6) months. Our denial is based on the fact that the investigation revealed no liability on behalf of the City. The City had no prior notice of knowledge of the existence of the alleged pothole. In addition, City employees did not find any potholes at the location after the incident was reported. Please submit the disallowance directly to the claimant at the above address. The disallowance should be sent certified or registered mail and must be received by the claimant within 120 days after you receive Notice of Claim. Please send a copy of the disallowance to Statewide Services In c. Claims, for our records. Thank you, Sarah Bourgeois, AIC, AINS Claims Rep. II Statewide Services Inc. PO Box 5555 Madison, WI 53705-0555 608-828-5439 Phone 800-854-1537 Fax sbourgeois@statewidesvcs.com CC: McClone Agency MARCH 28, 2023 23-133 RESOLUTION (CARRIED 7 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE CIP BUDGET AMENDMENT AND CHANGE ORDER NO. 1 (FINAL) FOR PUBLIC WORKS CONTRACT NO. 22-17 SOUTH KOELLER STREET CONCRETE PATCHING / VINTON CONSTRUCTION COMPANY, INC. (+$25,359.45) INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the City previously entered into an Agreement with Vinton Construction Company, Inc. for South Koeller Street Concrete Patching; and 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, the contract was originally awarded in September of 2022; and WHEREAS, it is necessary to amend the 2023 Capital Improvement Program Budget to transfer funds for additional services and adjust quantities with the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: o To transfer $25,000.00 from Account No. 03210410-6801-04103 (Contract Control- Paving-21-03 Oregon Intr Fond Du Lac SS) to Account No. 02240410-7218-15131 (ARPA - DPW-Road Improvement-ARPA – Loss Revenue/CIP - 2021). BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following change Order, a copy of which is attached, is hereby approved: MARCH 28, 2023 23-133 RESOLUTION CONT’D VINTON CONSTRUCTION COMPANY, INC. 1322 33rd Street Two Rivers, WI 54421 Net Increase to Contract: $25,359.45 PURPOSE: See attached Change Order. Money for this purpose is hereby appropriated from: Acct. Nos. 02240410-7218-15131 ARPA - DPW-Road Improvement-ARPA – Loss Revenue/CIP - 2021 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-17 S Koeller Conc\Project_Information\Correspondence\Memo\22-17 Memo for CO #1 (Final) & Amend CIP_3-23-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: March 23, 2023 RE: Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract No. 22-17 South Koeller Street Concrete Patching / Vinton Construction Company, Inc. (+$25,359.45) BACKGROUND Change Order No. 1 (Final) for Contract 22-17 is scheduled for consideration by the Common Council at the March 28, 2023 meeting. The Contract was originally awarded to Vinton Construction Company, Inc. in September of 2022. This change order is for additional services requested by the City and to adjust quantities to match the necessary installation in the field. ANALYSIS Following is a summary of the significant changes to each section of the Capital Improvement Program (CIP): • ARPA Funds – Additional excavation below the subgrade and s tone was needed because of poor soils/subgrade. Additionally, final quantities were adjusted to match field conditions. FISCAL IMPACT CIP Section Change Order Amount Estimated Total Construction Costs CIP Budget/ Transferred Amount ARPA Funds - South Koeller Street Concrete Patching $25,359.45 $269,803.22 $275,000 Total $25,359.45 $269,803.22 $275,000 Funding for this Change Order is available from CIP projects which have come in under budget: I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-17 S Koeller Conc\Project_Information\Correspondence\Memo\22-17 Memo for CO #1 (Final) & Amend CIP_3-23-23.docx Page 2 of 2 • $25,000 will be transferred from Account No. 03210410-6801-04103 (Contract Control-Paving-21-03 Oregon Intr Fond Du Lac SS) to Account No. 02240410-7218- 15131 (ARPA - DPW-Road Improvement-ARPA – Loss Revenue/CIP - 2021). RECOMMENDATIONS I recommend approval of Change Order No. 1 (Final) to Contact No. 22-17 in the amount of +$25,359.45 to Vinton Construction Company, Inc. and the transfer of CIP funds. Approved: John Fitzpatrick Assistant City Manager / Director of Administrative Services JLG/tlt TO: VINTON CONST. CO. CHANGE ORDER #1 (FINAL) 1322 33RD STREET TWO RIVERS, WI 54421 Your present contract with the City of Oshkosh, Contract No. 22-17, awarded September 13, 2022, is hereby amended and changed as follows: NET INCREASE TO SECTION I: $25,359.45 NET INCREASE TO CONTRACT $25,359.45 TOTALS BID TOTAL $232,681.15 $232,681.15 CO #1 $25,359.45 $25,359.45 CONTRACT TOTAL $258,040.60 $258,040.60 CITY OF OSHKOSH BY: I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. Approved as to form: City Attorney CHANGE ORDER #1 (FINAL) MARCH 16, 2023 ______________________________ Comptroller ______________________________ Contractor ______________________________ Approved and accepted: ______________________________ City Manager City Clerk ______________________________ CONTRACT 22-17 CHANGE ORDER #1 (FINAL) 22-17 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1050 Mobilization; complete as specified Lump Sum 1.00 1.00 $18,000.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 715.00 740.00 25.00 $0.75 $18.75 1200 Unclassified excavation; complete as specified Cubic Yards 5.00 340.00 335.00 $30.00 $10,050.00 1328 9" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 2,960.00 3,068.85 108.85 $64.79 $7,052.39 1329 9" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 75.00 0.00 -75.00 $69.79 ($5,234.25) 1334 Concrete pavement gaps; complete as specified Each 1.00 1.00 $1,000.00 1360 Adjust manholes and inlets; complete as specified Each 4.00 4.00 $450.00 1514 6" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 715.00 1,011.08 296.08 $8.40 $2,487.08 1801 Base aggregate dense; 1- 1/4"; complete as specified Tons 5.00 680.00 675.00 $20.00 $13,500.00 1974 Pavement markings; epoxy; 4" (white); complete as specified Linear Feet 525.00 312.50 -212.50 $1.65 ($350.63) 1975 Pavement markings; epoxy; 4" (yellow); complete as specified Linear Feet 2,300.00 1,967.34 -332.66 $1.65 ($548.89) 1981 Pavement markings; arrow epoxy; Type 3 (white); complete as specified Each 2.00 0.00 -2.00 $410.00 ($820.00) 1982 Pavement markings; epoxy; 12" diagonal (yellow); complete as specified Linear Feet 10.00 0.00 -10.00 $12.50 ($125.00) 1987 Remove pavement markings; complete as specified Each 2.00 0.00 -2.00 $185.00 ($370.00) 2506 Furnish; install; maintain; and remove Type D inlet protection; complete as specified Each 12.00 12.00 $150.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 12.00 0.00 -12.00 $25.00 ($300.00) SECTION I (BID ITEMS 1050 - 2516) - SUBTOTAL: $33,108.22 ($7,748.77) NET INCREASE TO SECTION I: $25,359.45 $25,359.45NET INCREASE TO CONTRACT: Page 2 of 2 MARCH 28, 2023 23-134 RESOLUTION (CARRIED 7 – 0 LOST______LAID OVER_______WITHDRAWN_____) PURPOSE: AUTHORIZE GRANT APPLICATION TO THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES (WDNR) FOR URBAN NONPOINT SOURCE AND STORM WATER GRANT PROGRAM INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the Wisconsin Department of Natural Resources administers the Urban Nonpoint Source and Storm Water Management Grant Program for planning and implementing storm water management facilities to control the amount of pollutants that discharge to waters of the State; and WHEREAS, the City of Oshkosh has identified the need to update the current City Storm Water Ordinance to best comply with current WDNR Standards and recommendations from the recently-updated Storm Water Management Plan; and WHEREAS, these activities are eligible activities under the Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City of Oshkosh will budget sufficient funds in the 2023 Operating Budget to complete the updated study. BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to execute any and all documents required for purposes of the same, and are further authorized and directed, if said grants are awarded to accept such funds, pursuant to the terms of the grant application. Activity Title of Official or Employee Sign and submit a grant application City Manager Sign a grant agreement between the City & DNR City Manager Submit quarterly and final reports Civil Engineering Supervisor Request grant reimbursement Civil Engineering Supervisor Sign and submit an Environmental Hazard Assessment Form Civil Engineering Supervisor Take necessary action to undertake, direct, and complete the approved project Director of Public Works I:\Engineering\Tracy Taylor\Memos to Mayor & Common Council\2023\SW Mgmt WDNR UNPS Planning Grant App Memo_3-23-23.docx Page 1 of 1 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: March 23, 2023 RE: Authorize Grant Application to the Wisconsin Department of Natural Resources (WDNR) for Urban Nonpoint Source and Storm Water Grant Program BACKGROUND The WDNR administers the Targeted Runoff Management and Urban Nonpoint Source and Storm Water Grant programs. These programs offer financial assistance to local units of government for planning and implementing storm water management facilities to control the amount of pollutants that discharge to Waters of the State. The City of Oshkosh (City) has previously received planning level and construction grants under this program. ANALYSIS The current planning grant application will allow Oshkosh to update the current City Storm Water Ordinance to best comply with current WDNR Standards and recommendations from the recently-updated Citywide Storm Water Management Plan. FISCAL IMPACT The approval of this resolution allows staff to submit the grant application, which if awarded, will reduce the City cost of the Project. The Project is anticipated to cost between $80,000 and $100,000. The grant program reimburses municipalities fifty percent (50%) of their costs, up to a maximum reimbursement of $85,000. RECOMMENDATIONS Staff recommends approval of the resolution. Approved: John Fitzpatrick Assistant City Manager / Director of Administrative Services JER/tlt MARCH 28, 2023 23-136 RESOLUTION (APPROVED 7 – 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ESTABLISH AN INDOOR FOOD PRODUCTION LAND USE AT 714 DIVISION STREET INITIATED BY: JERICHO ROAD MINISTRIES, INC. PLAN COMMISSION RECOMMENDATION: Approved w/ findings WHEREAS, the Plan Commission finds that the Conditional Use Permit to establish an Indoor Food Production land use at 714 Division Street, is consistent with the criteria established in Sections 30-50(C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Conditional Use Permit to establish an Indoor Food Production land use at 714 Division Street, per the attached, is hereby approved, with the following findings: 1. Is in harmony with the Comprehensive Plan. 2. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 4. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 5. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: March 23, 2023 RE: Approve Conditional Use Permit to Establish an Indoor Food Production Land Use at 714 Division Street BACKGROUND The applicant is requesting Conditional Use Permit (CUP) approval for an Indoor Food Production land use at 714 Division Street. The subject site is located on east side of Division Street, just north of the West Irving Avenue intersection. The subject par cel is about 17,425 sq. ft. in size and, according to the applicant, was formerly utilized as candle factory and is currently used as a personal storage facility. The site is surrounded by a mix of single-family, multi- family, and commercial uses. Recently the applicant has been working with the Fire and Inspection Services Departments to make the building code compliant and safe for its employees. ANALYSIS The petitioner is requesting approval of CUP to establish an indoor hydroponics and mushroom growing facility. According to the applicant, hydroponics is a method of growing plants without soil and can be accomplished indoors with no visible impact outside of the building. The applicant adds that the mushroom growing operation functions entirel y inside a sealed grow tent with its air being filtered before entering and leaving the tent. The applicant plans on growing lettuce, spinach, basil, mushrooms, and other vegetables and herbs as needed with the intent to distribute some of the produce to the Jericho Ministries food pantry. The majority will be sold to members of Zion Lutheran Church and at the Oshkosh Farmers Market to raise funds to support the charitable programs of Jericho Road Ministries, Inc. The applicant states that the hydroponics and mushroom grow operation will require one or two employees and one to four volunteers working for approximately 10 hours a week. The site does not have any on-site parking so the applicant plans to utilize the existing on street parking facilities to accommodate the employees parking needs. This property is within Area 1 of the Parking Exemption Overlay District, so on-site parking is not required. The applicant states that the proposed use should not disturb neighboring properties as it does not have any associated noise, fumes, or odors and that this operation is an environmentally friendly and ecologically sustainable process to grow produce. All waste from the operation is City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us planned to be recycled or disposed of in dumpsters that are stored within the building and wheeled out on garbage pickup days. Staff is supportive of the CUP for the proposed Indoor Food Production operation as it is an appropriate use for this site and should have a relatively low impact on the surrounding area. FISCAL IMPACT Approval of this project would not result in an increase in the assessed property value as the property is exempt. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with findings and conditions on March 21, 2023. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager/Director of Administrative Services ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH AN INDOOR FOOD PRODUCTION LAND USE AT 714 DIVISION STREET Plan Commission meeting of March 21, 2023. GENERAL INFORMATION Owner/Applicant: Jericho Road Ministries, Inc. Action(s) Requested: The applicant is requesting a Conditional Use Permit approval for an Indoor Food Production land use at 714 Division Street. Applicable Ordinance Provisions: Indoor Food Production 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 located on east side of Division Street, just north of the West Irving Avenue intersection. The subject parcel is about 17,425 sq. ft. in size and, according to the applicant, was formerly utilized as candle factory and currently used as a personal storage facility. The site is surrounded by a mix of single-family, multi-family, and commercial uses. Recently the applicant has been working with the Fire Department and Inspections department to make the building code compliant and safe for its employees. Subject Site: Existing Land Use Zoning Storage Facility UMU Adjacent Land Use and Zoning: Existing Uses Zoning North Commercial UMU South Commercial UMU West Residential TR-10-PD-UTO East Commercial UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS Use The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish an indoor hydroponics and mushroom growing facility. The building was previously occupied as a candle Item I – CUP Indoor Food Production – 714 Division St. 2 factory and personal storage facility. According to the applicant, hydroponics is a method of growing plants without soil and can be accomplished indoors with no visible impact outside of the building. The applicant adds that the mushroom growing operation functions entirely inside a sealed grow tent with its air being filtered before entering and leaving the tent. The applicant plans on growing lettuce, spinach, basil, mushrooms, and other vegetables and herbs as needed with the intent to distribute some of the produce to the Jericho Ministries food pantry; the majority being sold to members of Zion Lutheran Church and at the Oshkosh Farmers Market to raise funds to support the charitable programs of Jericho Road Ministries, Inc. The applicant states that the hydroponics and mushroom grow operation will require one or two employees and one to four volunteers that will be working for approximately 10 hours a week. The site does not have any on-site parking so the applicant plans to utilize the existing on street parking facilities to accommodate the employees parking needs. This property is within Area 1 of the Parking Exemption Overlay District, so on-site parking is not required. The applicant states that the proposed use should not disturb neighboring properties as it does not have any associated noise, fumes, or odors and that this operation is an environmentally friendly and ecologically sustainable process to grow produce. All waste from the operation is planned to be recycled or disposed of in dumpsters that are stored within the building and wheeled out on garbage pickup days. Aerial view of subject property (highlighted in red) Item I – CUP Indoor Food Production – 714 Division St. 3 No exterior changes are being proposed to the building or the site. Signage The applicant did not submit plans for signage. All future signage will need to meet current sign standards for the UMU zoning district and will be handled under a separate building permit. Staff is supportive of the Conditional Use Permit (CUP) for the proposed Indoor Food Production operation as it is an appropriate use for this site and should have a relatively low impact on the surrounding area. 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 an Indoor Food Production as proposed with the findings listed above. The Plan Commission recommended approval of the Conditional User Permit with findings on March 21, 2023. The following is their discussion on the item. Site Inspections Report: Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit approval for an Indoor Food Production land use at 714 Division Street. Item I – CUP Indoor Food Production – 714 Division St. 4 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 petitioner is requesting approval of a Conditional Use Permit (CUP) to establish an indoor hydroponics and mushroom growing facility. The building was previously occupied as a candle factory and personal storage facility. According to the applicant, hydroponics is a method of growing plants without soil and can be accomplished indoors with no visible impact outside of the building. The applicant adds that the mushroom growing operation functions entirely inside a sealed grow tent with its air being filtered before entering and leaving the tent. The applicant plans on growing lettuce, spinach, basil, mushrooms, and other vegetables and herbs as needed with the intent to distribute some of the produce to the Jericho Ministries food pantry; the majority being sold to members of Zion Lutheran Church and at the Oshkosh Farmers Market to raise funds to support the charitable programs of Jericho Road Ministries, Inc. The applicant states that the hydroponics and mushroom grow operation will require one or two employees and one to four volunteers that will be working for approximately 10 hours a week. The site does not have any on-site parking so the applicant plans to utilize the existing on street parking facilities to accommodate the employees parking needs. This property is within Area 1 of the Parking Exemption Overlay District, so on-site parking is not required. The applicant states that the proposed use should not disturb neighboring properties as it does not have any associated noise, fumes, or odors and that this operation is an environmentally friendly and ecologically sustainable process to grow produce. All waste from the operation is planned to be recycled or disposed of in dumpsters that are stored within the building and wheeled out on garbage pickup days. 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 because there is no outdoor dumpster, if that means they can bypass the requirements for any sort of matching enclosure. He asked if they were to start storing things outside, if that mean they would have to come back to Plan Commission. Mr. Slusarek said the site doesn’t have any room to place a refuse enclosure. If they did want to, they would have to come back for some type of approval to have it off the lot. Mr. Nielsen said that the only place that would be available would be on the front façade which would not be allowed. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Rev. Ritchie Cole; N9586 Van Dyne Rd, Van Dyne, stated that the idea of this CUP is to provide additional fresh food to the food pantry year-round. It would also create an additional revenue stream to the non-profit. There is no byproduct that would affect the community negatively. Once Item I – CUP Indoor Food Production – 714 Division St. 5 the procedure is established with the mushroom tent, then they are going to use the process to help addicts reintegrate back into society while they’re in recovery. 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. Ms. Davey said that this is an awesome project. She is quite familiar with hydroponics and it is a wonderful repurpose of the building. Mr. Mitchell said he agrees with Ms. Davey and has great potential. He added that if there is a way to monitor it, considering there is a residential neighborhood to the west. Sometimes commercial facilities can start to overflow outside of their building and have a negative refuse impact or things get stored on the side of the building. He says he wants to see this be kept as clean and neighborhood friendly as possible. Motion carried 6-0. CUP 714 DIVISION ST PC: 3-21-2023 701 MAIN INC 701 N MAIN ST OSHKOSH, WI 54901 SANDOVAL REAL ESTATE OSHKOSH LLC 715 N MAIN ST OSHKOSH, WI 54901 RJS PROPERTY MANAGEMENT GROUP LLC 237 FOREST ST FREDONIA, WI 53021 MATTHEW F FREDERICK 737 N MAIN ST OSHKOSH, WI 54901 THOMAS J BOLLOM 10 W IRVING AVE OSHKOSH, WI 54901 LAKESIDE CUSTOM BUILDERS LLC 3428 SHENANDOAH TRL NEENAH, WI 54956 VALARIE J KEMPEN 419 MEMORIAL DR CHILTON, WI 53014 ARMADA CAPITAL MANAGEMENT LLC 923 S MAIN ST OSHKOSH, WI 54902 LARRY/KAREN WILLIAMS 729 DIVISION ST OSHKOSH, WI 54901 WALTER D SUNDQUIST JR 737 DIVISION ST OSHKOSH, WI 54901 JERICHO ROAD MINISTRIES INC 400 N SAWYER ST OSHKOSH, WI 54902 DI V I S I O N S T CE N T R A L S T W LINC OLN AV FULTO N AV E L I N C O L N AV CENTR AL ST DIVISION ST JE FF E RS ON S T E IRVING AVW IRVIN G AV N MAIN ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/15/2023 1 in = 120 ft 1 in = 0.02 mi¯714 DIVISION 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 DAWES STDAWES ST E PAR KWAY AV SCOTT AV MERRITT AV W PAR KWAY AV E LINCOLN AV MERR ILL ST GRAND ST PROSPECT AV SCOTT AV VILAS AV HUDSON AV JEFFERSON ST MT VERNON ST CHURCHAV ROCK PL BROAD ST EASTMAN ST JEFFERSON ST MT V E R N O N S T MARSTON PL FULTON AV E MELVIN AV W LINCOLN AV IDA AV BALDWIN AV FULTON AV STERLING AV DIVISION ST GRAND ST CHURCH AV W LINCOLN AV PR OSPECT AV CENTRAL ST FREDERICK ST MT VERNON ST DIVISION ST CENTRAL ST FREDERICK ST W MELVIN AV PEARL AV CENTRAL ST UNION AV CE N T R A L S T FRANKLIN ST FR E D E R I C K S T WRIGHT ST PL EASANT ST MA DIS ON S T SARATOGA AV WRIGHT ST AMHERST AV OXFORD AV DALE AV BROAD ST FRANKLIN ST CENTRAL ST N MAIN ST E IRVING AVW IRVING AV JACKSON ST HIGH AV ALGOMA BLVD WISCONSIN ST CMU CMU CMU-PD CMU-PD I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-UTO MR-36 MR-36-UTO SR-5 SR-5 SR-5 SR-5-UTO SR-9 TR-10 TR-10 TR-10-PD TR-10-PD TR-10-UTO TR-10-UTO TR-10PDUTO UMUUMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-PD-UTO UMU-UTO UMU-UTO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/15/2023 1 in = 500 ft 1 in = 0.09 mi¯714 DIVISION 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 DI V I S I O N S T CE N T R A L S T FULTO N AV W LINC OLN AV CENTR AL ST DIVISION ST W IRVIN G AV N MAIN ST E IRVING AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/15/2023 1 in = 100 ft 1 in = 0.02 mi¯714 DIVISION 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 MARCH 28, 2023 23-137 RESOLUTION CARRIED 7 – 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR A DRIVE-THROUGH LANE AND A BUILDING ADDITION AT 2310 WESTOWNE AVENUE INITIATED BY: MP DEVELOPMENT 11, LLC PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the applicant would like to amend the previously approved Specific Implementation Plan for a commercial development at 2310 Westowne Avenue; and WHEREAS, the Plan Commission finds that an amendment to the Specific Implementation Plan for a drive-through and a building addition at 2310 Westowne 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 the amendment to the Specific Implementation Plan for a drive-through and a building addition at 2310 Westowne Avenue, is hereby approved, per the attached, with the following findings: 1. The proposed Planned Development project is not consistent with the overall purpose and intent of this Chapter. 2. The proposed Planned Development project would not maintain the desired relationships between land uses, land use densities and intensities, and land use impacts on the environs of the subject site. 3. The proposed Planned Development project will not positively contribute to and will detract from the physical appearance and functional arrangement of development in the area. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for the amendment to the Specific Implementation Plan for a drive-through and a building addition at 2310 Westowne MARCH 28, 2023 23-137 RESOLUTION CONT’D Avenue: 1. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Planned Development approval dated June 28, 2005 remain in full force and effect. 2. A ground sign is permitted along both street frontages (State Highway 21 and Westowne Avenue). 3. Final landscaping plan and signage plans shall be reviewed and approved by the Department of Community Development. 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: March 23, 2023 RE: Approve Specific Implementation Plan Amendment for a Drive-Through Lane and a Building Addition at 2310 Westowne Avenue BACKGROUND The petitioner requests a Specific Implementation Plan amendment for a drive-through lane and a building addition at 2310 Westowne Avenue. The subject parcel has frontage on Westowne Avenue and State Highway 21 and is zoned Suburban Mixed-Use District with a Planned Development Overlay (SMU-PD). The parcel is approximately 2.4 acres in area and currently has two multi-tenant commercial buildings totaling 9,860 sq. ft. The eastern building includes a drive-through lane on the south end of the building. The surrounding area consists primarily of commercial land uses. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial use for the subject area. The Common Council approved a Conditional Use Permit and a Planned Development for the existing commercial development on the property on June 18, 2005. ANALYSIS The applicant plans to replace the existing Cost Cutters unit in the western building on the site with an Associated Bank. The proposed bank use will include an 800 sq. ft. building addition and drive-through lane addition. Personal and professional service and drive-through and in- vehicle sales or service are permitted uses in the SMU district. There are no changes are being proposed to the access to the site. This request does not include signage plans, but shows proposed ground signs along both the Westowne Avenue frontage and Highway 21 frontage. The existing Planned Development for the site includes a condition that the site is limited to one pylon sign for the overall development. Staff is supportive of an amendment to allow a pylon sign along both frontages as permitted under the current sign ordinance. This will be consistent with neighboring properties to the east and west that also have ground signage along both frontages. FISCAL IMPACT Approval of this project will result in an increase in the assessed property value for the site. The developer is anticipating spending approximately $2 million on the project. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the Specific Implementation Plan amendment with findings and conditions on March 21, 2023. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager/Director of Administrative Services ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR DRIVE- THROUGH LANE & BUILDING ADDITION AT 2310 WESTOWNE AVENUE Plan Commission meeting of March 21, 2023. GENERAL INFORMATION Owner/Petitioner: MP Development 11, LLC Action(s) Requested: The petitioner requests an amendment to the Specific Implementation Plan approval for drive- through lane and building additions at 2310 Westowne Ave. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject parcel has frontage on Westowne Ave. and State Highway 21 and is zoned Suburban Mixed-Use District with a Planned Development Overlay (SMU-PD). The parcel is approximately 2.4 acres in area and currently has two multi-tenant commercial buildings, totaling 9,860 sq. ft. The eastern building includes a drive-through lane on the south end of the building. The surrounding area consists primarily of commercial land uses. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial use for the subject area. On June 18, 2005, the Common Council approved a Conditional Use Permit & Planned Development for the existing commercial development on the property. Subject Site Existing Land Use Zoning Commercial SMU-PD Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Commercial/Government SMU South Commercial SMU-PD East Commercial SMU-PD West Commercial SMU-PD Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Interstate Commercial ITEM III- SIP Amendment – 2310 Westowne Ave. 2 ANALYSIS Use The applicant plans to replace the existing Cost Cutters unit in the western building (2330) on the site with an Associated Bank. The proposed bank use will include an 800 sq. ft. building addition and drive-through lane addition. Personal and Professional Service and Drive- Through and In-Vehicle Sales or Service are permitted uses in the SMU district. Site Design There are no changes are being proposed to the access to the site. Proposed changes to the site include an 800 sq. ft. building addition on the south side of the western building as well as a new Associated Bank drive-through lane and ATM on the west side of the building. Proposed site plan. The site currently exceeds the maximum parking allowance. The proposed plan results in a reduction of four parking stalls, bringing it closer to the maximum allowance. The plan also ITEM III- SIP Amendment – 2310 Westowne Ave. 3 meets impervious surface and setback requirements for the SMU district. The plan meets drive- through lane requirements of 55’ in front of and 25’ after the service window. Required Provided Parking Spaces Min: 36 Max: 45 Existing: 84 Proposed: 80 Impervious Surface Max: 70% of lot Existing: 54.27% Proposed: 56.74% Minimum Provided Front Setback (Westowne Ave.) 25 ft. 25 ft. +/- (Existing) Front Setback (HWY 21) 25 ft. 42 ft. +/- (Existing) Side Setback (east) 10 ft. 16 ft. +/- (Existing) Side Setback (west) 10 ft. 12 ft. +/- (Proposed pavement) Signage This request does not include signage plans, but shows proposed ground signs along both the Westowne Ave. frontage and Highway 21 frontage. The existing Planned Development for the site includes a condition that the site is limited to one pylon sign for the overall development. Staff is supportive of an amendment to allow a pylon sign along both frontages as permitted under the current sign ordinance. This will be consistent with neighboring properties to the east and west that also have ground signage along both frontages. Per SMU district signage standards, ground signage will be limited to a total area of 400 sq. ft. for the site and individual sign may not exceed 1 sq. ft. per linear foot of street frontage (312 sq. ft.). Dual post and monument signs are limited to 15’ in height and pylon signs are limited to 30’. Wall signage is shown on the proposed building elevations, which appear to be within the maximum area of 1 sq. ft. per linear foot of building frontage. Final signage plans will be addressed under a separate building permit. Landscaping Building foundation, paved area, and yard landscaping is required for the building and pavement additions. Points Required Points Provided Building Foundation 34.4 37.5 Paved Area 10.6 (3.1 tall trees, 4.2 shrubs) 51.3 (30 tall trees, 20.8 shrubs) Yards 16 16.5 Total 61 105.3 ITEM III- SIP Amendment – 2310 Westowne Ave. 4 Building Foundation The building foundation landscaping point requirement of 40 landscaping points per 100 linear feet of building foundation is being met for the building addition. The applicant will need to verify that the points provided also account for foundation landscaping removed as part of the building/pavement additions. This can be addressed during site plan review. Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. The plan is exceeding these requirements for the new pavement area and a tall deciduous/shade tree is being provided at the parking row ends, as required. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard landscaping points meet this requirement for the building addition area. Storm Water Management ITEM III- SIP Amendment – 2310 Westowne Ave. 5 The Department of Public Works has reviewed the plans and noted that full site plan review is required. They also noted that landscaping/trees shall not impede on storm water ponds and plans will need to verify that proposed grading/drainage will work with existing storm water features. These items will be addressed during site plan review. Lighting A provided lighting plan is compliant with the City’s lighting ordinance as lighting levels for the parking lot meet the minimum 0.4 fc requirement and do not exceed the maximum of 0.5 fc at the property lines. Light fixtures are mounted at 22’, which is within the maximum height of 23’ (including 3’ base) for the SMU district. Building Facades ITEM III- SIP Amendment – 2310 Westowne Ave. 6 Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I materials, with the exception of rear facades not facing a public street. The petitioner has provided elevations for the building as well as a material list and material breakdown for each building facade. The specific elevations breakdown is as follows: North (front): Class I – 68.2% Class II & III – 31.8% South (front): Class I – 61.9% Class II & III – 38.1% East (side): Class I – 76.9% Class II & III – 23.1% West (side): Class I – 73.8% Class II & III – 26.2% The applicant plans to utilize a combination of existing brick and glazing as well as new stone and glass exteriors to meet the 50% Class I material requirement on all facades. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (c) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (d) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. ITEM III- SIP Amendment – 2310 Westowne Ave. 7 Staff recommends approval of the Specific Implementation Plan amendment as proposed with the findings listed above and the following conditions: 1. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Planned Development approval dated June 28, 2005 remains in full force and effect. 2. A ground sign is permitted along both street frontages (State Highway 21 & Westowne Avenue) 3. Final landscaping plan and signage plans shall be reviewed and approved by the Department of Community Development. The Plan Commission recommended approval of the Specific Implementation Plan amendment on March 21, 2023. The following is their discussion on the item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests an amendment to the Specific Implementation Plan approval for drive- through lane and building additions at 2310 Westowne Ave. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The applicant plans to replace the existing Cost Cutters unit in the western building (2330) on the site with an Associated Bank. The proposed bank use will include an 800 sq. ft. building addition and drive-through lane addition. Personal and Professional Service and Drive-Through and In-Vehicle Sales or Service are permitted uses in the SMU district. 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 that on her site inspection, it seemed like the western side where the drive-thru would be, doesn’t have enough room. Staff says it does, but there is a drainage area there. Mr. Slusarek said that on the site plan they are showing a twelve-foot setback. The pavement does not begin until after the ten-foot setback mark. Based on that, they do have sufficient space to meet the setback. They will need to meet final stormwater requirements during site plan review that may be shifting their drainage. Mr. Mitchell asked if there are plans for sidewalks on either side, not just with this particular development but this entire block. He doesn’t see that there are any, and he often notices people walking through what is a wet area. Mr. Gierach said that there are sidewalks on Westowne, but there are no plans to install sidewalks along Highway 21. ITEM III- SIP Amendment – 2310 Westowne Ave. 8 Mr. Perry said there is a drive-through already, and asked if this means they are adding a second drive-thru. Mr. Slusarek said that is correct. There is an existing one on the Papa Murphy’s side, so there will be a new one coming through to the north and wrapping around. Ms. Davey asked if the drive-thru is going to the north, if that means it won’t be on the driver’s side. Mr. Slusarek said the applicant can help with that. Mr. Perry asked if this means that now every building along Westowne will have a drive-thru. Mr. Slusarek said that is correct. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Eric Gebhardt; Rinka Architecture, 3268 S Taylor Ave, Milwaukee. He stated that from an access point, they were planning on accessing the drive-thru from the north side. The first lane is a drive-up teller window, the second is remote with an ATM along the side of the building. Ms. Davey asked if he means there will be two lanes. Mr. Gebhardt said that is correct. The owner has said they have seen a lot of increased traffic at their branches especially with travelers and people coming through town. They wanted a way to be able to serve these customers at their new branch. The current branch is sublet with another tenant. There were no public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Ms. Davey asked if there is room for two drive-thru lanes. ITEM III- SIP Amendment – 2310 Westowne Ave. 9 Mr. Slusarek said there is since they are matching the 24-foot drive aisle requirement. It also matches what they are doing for the parking drive lane. There is no strict requirement on drive- thru lane width, it’s only when they are accessing parking. Mr. Kiefer said that in the area to the west could go down to one lane after they come through the drive-thru or ATM on the north side. Mr. Slusarek said they could do that if they wanted, with one vehicle exited at a time. Mr. Mitchell asked if the code allows landscaping in the setback area. Mr. Slusarek said that is correct and it will be often used as a landscaping area. Mr. Mitchell asked if Plan Commission could request for additional landscaping in that area/ Mr. Slusarek said they could request more landscaping to help buffer the drive-thru lane. Motion carried 6-0. Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Planned Development Application For General Development Plan or Specific Implementation Plan **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: _________________________________________________________________________________ Date: ____________ Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Status of Petitioner (Please Check):  Owner  Representative  Tenant  Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): __________________________________________________________________________________ Date: ____________ Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Ownership Status (Please Check):  Individual  Trust  Partnership  Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner’s Signature: ___________________________________________________________________ Date: ____________ TYPE OF REQUEST:  General Development Plan (GDP)  General Development Plan (GDP) Amendment  Specific Implementation Plan (SIP)  Specific Implementation Plan (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: __________________________________________________________________________ Proposed Project Type: ________________________________________________________________________________________ Estimated Cost: _______________________________________________________________________________________________ Current Use of Property: ________________________________________________________________Zoning: ________________ Land Uses Surrounding Your Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________  It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.  Application fees are due at time of submittal. Make check payable to City of Oshkosh.  Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236-5059 MP Development 11, LLC 2/6/23 1660 Oshkosh Ave Oshkosh WI 54902 920 267-2558 ed@themorganpartners.com X 2/6/23 Same As Above x 2/6/23 2310 Wetsowne Ave Oshkosh, WI 54902 Expansion/Exterior Remodel/Drive-Thru Addition $2,000,000 Multitenant Retail (Cost Cutters)SMU-PD Hwy 21 Retail (Festival Foods/Menards) Restaurant (Culvers) Restuarant (Wendy's) 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) The following information must be provided in order for the application to be considered complete and able to be scheduled for Plan Commission Review. Please use the checklist below to determine the required information to be submitted at the time of application. If all information below cannot be provided at the time of application, please request a waiver in writing to the Division’s Director or designee.  A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  General location map of the subject site depicting:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject property.  Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control.  A graphic scale and north arrow.  Generalized site plan showing the pattern or proposed land uses, including:  General size, shape, and arrangement of lots and specific use areas.  Basic street pattern and pattern of internal drives.  General site grading plan showing preliminary road grades.  Basic storm drainage pattern, including proposed on-site stormwater detention.  General location of recreational and open space areas, including designation of any such areas to be classified as common open space.  Statistical data, including:  Minimum lot sizes in the development.  Approximate areas of all lots.  Density/intensity of various parts of the development.  Building coverage.  Landscaping surface area ratio of all land uses.  Expected staging.  Conceptual landscaping plan.  General signage plan.  General outline of property owners association, covenants, easements, and deed restrictions.  A written description of the proposed Planned Development, including:  General project themes and images.  The general mix of dwelling unit types and/or land uses.  Approximate residential densities and nonresidential intensities.  General treatment of natural features.  General relationship to nearby properties and public streets.  General relationship of the project to the Comprehensive Plan or other area plans.  Proposed exceptions from the requirements of the Zoning Ordinance.  Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee.  A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  An existing conditions map of the subject site depicting the following:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject site.  Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.  Existing utilities and recorded easements.  All lot dimensions of the subject site.  A graphic scale and a north arrow.  An SIP map of the proposed site showing at least the following:  Lot layout and the arrangements of buildings.  Public and private roads, driveways, walkw ays, and parking facilities.  Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space. 3  Proposed grading plan.  Specific landscaping plan for the subject site, specifying the location, species, and installation size of plantings. The landscaping plans shall include a table summarizing all proposed species.  Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.  Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, an d walkways.  Signage plan for the project, including all project identification signs, concepts for public fixtures and signs, and group development signage themes that may or may not vary from City standards or common practices.  Specific written description of the proposed SIP including:  Specific project themes and images.  Specific mix of dwelling unit types and/or land uses.  Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.  Specific treatment of natural features, including parkland.  Specific relationship to nearby properties and public streets.  Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by Plan Commission.  A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant’s opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project.  A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur.  Phasing schedule, if more than one development phase is intended.  Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.  A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant’s Signature (required): _________________________________ Date: _____________________ 2/6/23 Mr. Mark Lyons Planning Director City of Oshkosh 215 Church Avenue Oshkosh, WI 54901 RE: 2310 Westowne Ave Expansion – Oshkosh, WI Mr. Lyons: Please allow this letter to serve as our narrative relating to a Planned Development Amendment for the property located at 2310 Westowne Ave, a two building multitenant shopping center containing Cost Cutters, Verizon Wireless, Partnership Community Health Clinic and Papa Murphy’s Pizza. Our intention is to expand the property to replace the current Cost Cutters tenant with Associated Bank. Doing so will require the west building to be expanded by approximately 800 SF and enhanced by the inclusion of architectural and functional elements, including a glass tower on the south façade of the new expanded area and a drive through canopy on the west side of the building. It is our understanding that no major base standard modifications will be required as a condition of approval, as the site plan will meet all setbacks, the landscaping plan will be in compliance and the building materials on the building being altered will be in compliance with all material percentage requirements. While the site will lose a handful of parking stalls to the new drive aisle, however the overall site will still fall within parking ratio standards for the property. We anticipate making alterations to some areas of green space and stormwater management features, however our revised stormwater management plan shows that such alterations will remain in compliance with current codes. Per the application form, below is our statement regarding any negative impacts on the following issues:  We do not believe there will be any negative health, safety or general welfare impacts on any of the surrounding land as a result of setback compliance and buffering elements  Pedestrian and vehicular circulation and safety will be handled within the previously constructed shared sidewalks and driveways, and will not meaningfully impact the amount of traffic being routed towards the public rights‐of‐ways in numbers that would create traffic problems.  This project will not create any additional noise, air, water or other pollutions  It will not impact the demand for or availability of public services in a negative way, as all necessary public services are in the vicinity and have adequate capacity to serve this project.  There will be no negative impact on the character or future development of the area, as this is a commercial area being developed with commercial uses in keeping with the surrounding areas. 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Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer L I N WAYLINWAYCTCT E G G E G G H A R B O R L A H A R B O R L A MM OOOORREE IISS LL L I N W A Y C T L I N W A Y C T ONEIDA AV SHEBOYGAN ST PATRIOT LA EAST WAY DR W E S T O W N E A V W I L L O W S P R I N G S R D SP R IN GMILL DR SHERRIN ST CONRAD ST BROOKS LA WILLO W B END LA N WESTHAVEN DR WILLOW WAYDR ABR A HA M LA KEWAUNEE ST O M R O R DOMRO RD O M R O R D NWA S HBURN ST N WESTHAVEN DR ·$21 ·$21 ·$21 Oshkosh City Limit Oshkosh City Limit DR-6 DR-6-PD I MR-12 MR-12-PD SMU SMU SMU-PD SR-3SR-5 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/3/2023 1 in = 500 ft 1 in = 0.09 mi¯2310 WESTOWNE AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer W E S T O W N E A V ·$21 ·$21 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/3/2023 1 in = 100 ft 1 in = 0.02 mi¯2310 WESTOWNE AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer MARCH 28, 2023 23-138 RESOLUTION (CARRIED 7 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AWARD BID TO HAROLD CARPENTER OVERHEAD DOORS FOR OVERHEAD GARAGE DOOR REPLACEMENT AND LOOP SWITCH INSTALLATION FOR WATER DISTRIBUTION CENTER ($74,936.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for the overhead garage doors for the Water Distribution Center; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: HAROLD CARPENTER OVERHEAD DOORS 1000 Witzel Ave Oshkosh, WI 54902 Total: $74,936.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 03221810-7214-64001 WD Building improvements 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: March 21, 2023 RE: Award Bid to Harold Carpenter Overhead Doors for Overhead Garage Door Replacement and Loop Switch Installation for Water Distribution Center ($74,936.00) BACKGROUND The Common Council allocated $75,000.00 in the 2023 CIP to replace the overhead garage doors at the Water Distribution Center. The doors are original to when the building was built in 1994 and they require regular maintenance and/or service calls to remain operational. Garage door failure would result in an inability to utilize equipment within the building and to secure the center nightly. ANALYSIS Working with Water Distribution staff, Purchasing prepared bid specifications for this project. The bid specifications requested the installation of new garage doors, springs, mounts, gear head operators, loop systems and loop detectors. The bid was advertised in the local newspaper and posted on DemandStar. Bids were due March 9, 2023. The bid tab is attached. It was the consensus of staff that the sole bid received met the minimum bid requirements and was competitive. FISCAL IMPACT The fiscal impact of this bid is $74,936.00. The 2023 CIP allocated $75,000.00 for this project. This project will be charged to A/N#: 03221810-7214-64001 (WD Building improvments) RECOMMENDATION Purchasing recommends the Common Council award this bid to Harold Carpenter Overhead Doors for $74,936.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager John M. Fitzpatrick, Assistant City Manager BID TAB OVERHEAD GARAGE DOOR REPLACEMENT AND LOOP SWITCH INSTALLATION – WATER DISTRIBUTION CENTER BIDS DUE THURSDAY MARCH 9, 2023 BIDDER PREQUAL. BID BOND BID Harold Carpenter Overhead Doors 1000 Witzel Ave Oshkosh WI 54902 YES YES $74,936.00 MARCH 28, 2023 23-139 RESOLUTION (CARRIED 7 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AWARD BID TO BADGER LABORATORIES, INC. FOR 2023 FLOW MONITORING SERVICES: SANITARY SEWER COLLECTION SYSTEM FOR WASTEWATER UTILITY ($96,206.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for 2023 Flow Monitoring Services: Sanitary Sewer Collection System for Wastewater Utility; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: BADGER LABORATORIES, INC. 501 W Bell Street Neenah, WI 54956 Total Bid: $96,206.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 05511920 6417 Sewer-Sanitary Sewer- 3rd Party Contracted Service 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: March 21, 2023 RE: Award Bid to Badger Laboratories, Inc. for 2023 Flow Monitoring Services: Sanitary Sewer Collection System for Wastewater Utility ($96,206.00) BACKGROUND For the past 10 years the City has utilized a contractor to conduct flow monitoring services to collect sanitary sewer flow data used to identify areas of high inflow and infiltration of clear water into the sanitary sewer system. Clear water entering the sanitary system can be a significant problem. The sanitary system is not designed to handle these clear water flows, which may result in sanitary backups into residents’ homes. This project will install flow monitoring at approximately 11 locations in the sewer system. This data is used to identify areas of high inflow and infiltration of clear water into the sanitary sewer system and to calibrate and verify the sanitary collection system model. ANALYSIS Working with Public Works staff, Purchasing prepared bid specifications for this project. The bid was advertised in the local newspaper, posted on DemandStar and sent to known firms that provide these services. Bids were due March 17, 2023. The bid tab is attached. Based on the bid review, it was the consensus of City staff that the low bid received from Badger Laboratories Inc. met the minimum bid requirements. FISCAL IMPACT The total fiscal impact of this bid is $96,206.00. This project will be charged to A/N# 05511920 6417 (Sewer-Sanitary Sewer- 3rd Party Contracted Service). RECOMMENDATION Purchasing recommends the Common Council award this bid to Badger Laboratories, Inc. for $96,206.00. Please contact me or Public Works Director James Rabe for any questions pertaining to this bid. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager John M. Fitzpatrick, Assistant City Manager BID TAB FLOW MONITORING SERVICES – SANITARY COLLECTION SYSTEM BIDS OPENED FRIDAY, MARCH 17, 2023, 10:00 AM BIDDER PREQUAL. ADDENDUM BID BOND BID Badger Laboratories Inc 501 W Bell Street Neenah WI 54956 YES YES YES $96,206.00 RJN Group Inc 2655 Warrenville Road Suite 225 Downers Gove,, IL 60515 YES YES YES $128,145.00 MARCH 28, 2023 23-140 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE COOPERATIVE PURCHASE OF TANDEM AXLE PLOW TRUCK FROM QUALITY TRUCK CARE CENTER AND PLOW/WING COMPONENTS FROM MONROE TRUCK EQUIPMENT, INC. FOR STREETS DIVISION ($311,500.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the 2023 Capital Improvements Budget allocated funds for the purchase of a new tandem axle plow truck and plow and wing components 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 new tandem axle plow truck and plow and wing components; 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-NAF) for Western Star truck chassis and Monroe Truck Equipment, Inc. holds the Sourcewell cooperative contract for Monroe plow and wing components (#062222- AEB-1). 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 tandem axle plow truck and plow and wing components from: QUALITY TRUCK CARE CENTER 2125 French Road De Pere, WI 54115 Total Bid with trade: $132,700.00 MARCH 28, 2023 23-140 RESOLUTION CONT’D and MONROE TRUCK EQUIPMENT, INC. 1151 W Main Ave De Pere, WI 54115 Total Bid: $178,800.00 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 03230430 7210 66022 Motor Vehicles - Tandem Axle Plow 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: March 21, 2023 RE: Approve Cooperative Purchase of Tandem Axle Plow Truck from Quality Truck Care Center and Plow/Wing Components from Monroe Truck Equipment, Inc. for Streets Division ($311,500.00) BACKGROUND In the 2023 CIP the Common Council allocated $250,000.00 for the purchase of a new tandem axle plow truck and plow and wing components for the Streets Division. The new unit will replace unit 68 that is a 2008 International Truck with stainless steel box, plow, wing and tailgate spreader. The current unit has over 95,000 miles, an undependable engine and no pre-wet capabilities. This unit is used for snow and ice control in the winter, leaf collection in the fall and construction/road maintenance in the summer. The new unit will include the truck, plow, wing, body hoist, hydraulics and pre-wet spreader. This memo is to recommend the purchase of the new unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has confirmed that Quality Truck Care Center holds the Sourcewell cooperative contract for Western Star truck chassis (contract #060920-NAF). Utilizing this contract the city will save approximately 36% ($78,161) off of the truck list price. Purchasing also confirmed that Monroe Truck Equipment, Inc. holds the Sourcewell cooperative contract for Monroe plow and wing components (contract 062222-AEB-1). Utilizing this contract the city will save approximately 21% ($47,672.45) off of the list price for all these components. FISCAL IMPACT Using the cooperative contracts noted above, the cost of the truck with trade-in is $132,700.00 and the cost of the plow and wing components is $178,800.00. Combined, the total fiscal impact of this unit is $311,500.00. The 2023 CIP allocated $250,000.00 for this unit and will be charged to A/N#: 03230430 7210 66022 (Motor Vehicles- Tandem Axle Plow Truck). Finance has confirmed this account has sufficient funds to offset the $61,500.00 overage. 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 proces s. In accordance with Section 12-15 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve the truck purchase noted above to Quality Truck Care Center, 2125 French Road, De Pere, WI 54115 for $132,700.00 and the plow and wing components purchase noted above to Monroe Truck and Equipment Inc., 1151 W . Main Avenue, DePere, WI 54115 for $178,800.00. If there are any questions on this purchase please contact myself or Public Works Director James Rabe. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager John M. Fitzpatrick, Assistant City Manager MARCH 28, 2023 23-141 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT WITH OSHKOSH CITY CAB CO. FOR ONE-YEAR PILOT MICRO-TRANSIT PROGRAM TO PROVIDE INTER-CITY SERVICES BETWEEN OSHKOSH AND NEENAH INITIATED BY: TRANSPORTATION DEPARTMENT WHEREAS, the City and Oshkosh City Cab Co. (“City Cab”) previously entered into an agreement through which City Cab would provide the City with certain transportation services; and Whereas, the City requested a quotation from City Cab for additional services for a one-year pilot micro-transit program to provide inter-city services between the City of Oshkosh downtown transit center and the City of Neenah downtown transit center; and Whereas, City Cab is willing and able to provide these services at the same rate as provided in the current agreement; and Whereas, City determined that this is a fair and reasonable price for the services provided. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed pursuant to waive bids and to enter into an appropriate amendment to the current agreement with Oshkosh City Cab Co. for a one year pilot micro-transit program to provide inter-city services between the City of Oshkosh downtown transit center and the City of Neenah downtown transit center at the same rate as provided in the current agreement with City Cab for similar services in substantially the same form as attached, any changes in the execution copy being deemed approved by the signatures of the city officials. BE IT FURTHER RESOLVED that the appropriate city officials are authorized and directed to take those steps necessary to implement the terms and conditions of the final agreement. 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: March 24, 2023 RE: Approve contract amendment with Oshkosh City Cab Co. for one-year pilot micro-transit program to provide inter-city services between Oshkosh and Neenah. BACKGROUND As Council is aware, GO Transit will be starting a new “micro-transit” service between Oshkosh and Neenah on April 3rd called GO Connect. This service will be very similar to other shared-ride taxi service programs that GO Transit contracts for with Oshkosh City Cab. ANALYSIS As this is a one-year pilot program with limited ridership and the program is similar to others GO Transit contracts with Oshkosh City Cab for and whereas, City Cab is willing and able to provide the service at the same rate as GO Transit’s contracted Winnebago County “rural program”, it makes sense to amend our contract to include this pilot program. GO Transit did reach out to another potential vendor to gauge interest and there wasn’t any due to the program being a one-year pilot with limited ridership. FISCAL IMPACT Oshkosh City Cab will provide GO Connect intercity rides at the current contracted “rural” rate of $31.50 per ride. RECOMMENDATION I recommend approval. Respectfully Submitted, Approved: Jim Collins John Fitzpatrick Transportation Director Assistant City Manager / Director of Administrative Services AMENDMENT The City of Oshkosh, hereinafter referred to as CITY, and OSHKOSH CITY CAB CO., 2723 Harrison Street, Oshkosh, WI 54901, hereinafter referred to as the CONTRACTOR, entered into a contract for transportation services dated November 11, 2021. Whereas, the November 2021 contract allows for the addition of additional services; Whereas, the City requested a quotation from Contractor for additional services for a one year pilot micro-transit program to provide inter-city services between the City of Oshkosh downtown transit center and the City of Neenah downtown transit center; and Whereas, Contractor is willing and able to provide these services at the same rate as provided in the current agreement; and Whereas, City determined that this is a fair and reasonable price for the services provided. The CONTRACTOR and CITY agree that the Scope of Work and Compensation for Work shall be modified to include additional services for a one-year pilot micro-transit program to provide inter-city services between the City of Oshkosh downtown transit center and the City of Neenah downtown transit center more specifically described as a contractor operated flexible scheduled ride service; the specific details of which may be adjusted upon mutual agreement of the CONTRACTOR and CITY, through its authorized representative. The parties agree that they each receive a business benefit through this amendment. THEREFORE, the CITY and the CONTRACTOR agree: To add - additional services for a one-year pilot micro-transit program to provide inter-city services between the City of Oshkosh downtown transit center and the City of Neenah downtown transit center more specifically described as a contractor operated flexible scheduled ride service; the specific details of which may be adjusted upon mutual agreement of the CONTRACTOR and CITY, through its authorized representative. Except as specifically modified by this Amendment, all other terms and conditions of the November 11, 2021 Agreement shall remain unaltered by this Amendment and in full force and effect. OSHKOSH CITY CAB CO. By: _________________________________ (Specify Title) By: _________________________________ (Specify Title) CITY OF OSHKOSH By: _________________________________ Mark A. Rohloff, City Manager And: ________________________________ Jessi L. Balcom, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. City Comptroller Approved: __________________________________ Lynn A. Lorenson, City Attorney MARCH 28, 2023 23-142 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE OPERATING BUDGET AMENDMENT FOR OSHKOSH PUBLIC MUSEUM PERTAINING TO RECEIPT OF DONATION AND EXPENSE FOR EMPLOYEE DEVELOPMENT TRAINING FOR TEXTILE PRESERVATION ($1000.00) INITIATED BY: OSHKOSH PUBLIC MUSEUM 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 Budget for the Oshkosh Public Museum to: o Account for a donation of one thousand dollars ($1000.00) received to support employee training in textile preservation as revenue in account 02271070-4972-00000 Museum Membership Misc. Revenue o Increase expenditures in the amount of one thousand dollars ($1000.00) in account 02271070-6421-00000 Employee Training/Development. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Operations Budget, on file in the City Clerk's Office, is hereby amended to account for the generous donation in support of employee training related to textile preservation and increase revenues and expenditures in the budget for the Oshkosh Public Museum as follows: o Increase revenues in the amount of one thousand dollars ($1000.00) in account 02271070-4972-00000 Museum Membership Misc. Revenue o Increase expenditures in the amount of one thousand dollars ($1000.00) in account 02271070-6421-00000 Employee Training/Development. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5002 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Sarah Phillips, Museum Director DATE: March 14, 2023 RE: Budget Amendment for Employee Development BACKGROUND Textile preservation is a specialized area of collections stewardship, and the Oshkosh Public Museum (OPM) permanent collection contains thousands of textile pieces in its care. Professional education will add this skill-set to our ability to provide additional in-house care to this area of the collection. ANALYSIS The “Introduction to Textile Conservation (Level 2)” training course is being offered by the Center for Collections Care of Beloit College June 13-16, 2023. Museum Registrar, Emma Eisner, has received a partial scholarship to attend this training. On March 2, 2023, the OPM Board voted unanimously to fund the remaining cost of approx $990.00 (includes tuition, materials, travel, food, and lodging). However, on March 7, 2023, an OPM Board Member (alternate position) donated $1,000 to the OPM fund for the remaining cost of this professional development course, negating the need for assistance from Board-managed funds. FISCAL IMPACT There is no negative fiscal impact to the 2023 budget, as this is donated money for a specific staff development opportunity. RECOMMENDATION Authorize a Budget Amendment of $1,000 to 02271070-4972-00000 (Museum Membership Misc. Revenue) and $1,000 to 02271070-6421-00000 (Employee Training/Development). Respectfully Submitted, Approved: Sarah Phillips John Fitzpatrick Museum Director Assistant City Manager / Director of Administrative Services MARCH 28, 2023 23-143 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / LENZ WORKS / UTILIZE STEVENS PARK FOR THE RELATIVE RACE FILMING / APRIL 21, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Lenz Works to utilize Stevens Park on Friday, April 21, 2023 from 8:00 a.m. – 2:00 p.m. for the filming of Relative Race, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Cost Estimates for Extraordinary Services None MARCH 28, 2023 23-144 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / BAGO WALLEYE CLUB (BWC) / UTILIZE MENOMINEE PARK MILLERS BAY FOR THE BWC INVITATIONALS / APRIL 30, MAY 21, JUNE 4, & JULY 9, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Bago Walleye Club (Sean Freund) to utilize Menominee Park Millers Bay and Gazebo area, on Sundays: April 30, May 21, June 4 & July 9 from 5:30 a.m. to 4:30 p.m. (actual event times: 7:00 a.m. to 3:00 p.m. each day) for the BWC Invitationals, 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 MARCH 28, 2023 23-145 RESOLUTION (CARRIED 7 – 0 LOST_______LAID OVER_______WITHDRAWN______) PURPOSE: APPROVE SPECIAL EVENT / OSHKOSH CORPORATION / TO HOLD THE BAJASAE OSHKOSH AT SUNNYVIEW EXPOSITION CENTER / MAY 4 - 7, 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 Corporation (Todd Cimermancic) to hold the BajaSAE Oshkosh event at Sunnyview Exposition Center Thursday, May 4 through Sunday, May 7, 2023 (actual events times: Thursday, May 4 from 6:00 a.m. to 8:00 p.m.; Friday, May 5 from 8:00 a.m. to 5:00 p.m.; Saturday, May 6 from 8:00 a.m. – 6:00 p.m. and Sunday, May 7 from 7:00 a.m. to 4:00 p.m.), in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Fire Department Staffing $6,630.93 (preliminary estimate includes dedicated staffing for 41 hrs.) Equipment/Vehicle $2,224.25 (preliminary estimate includes dedicated ambulance and UTV for 41 hrs.) MARCH 28, 2023 23-146 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / UW OSHKOSH / HOST THEIR SPRING & FALL COMMENCEMENTS AT THE UW OSHKOSH KOLF SPORTS CENTER / MAY 13 & DECEMBER 16, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to UW-Oshkosh (Jean Kwaterski) to host their Spring and Fall Commencements at the UW Oshkosh Kolf Sports Center on Saturday, May 13 from 6:45 a.m. – 5:00 p.m. and Saturday, December 16 from 7:45 a.m. – 12:00 p.m., in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. 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 Fire Staffing $2,749.41 (preliminary estimate includes 2 dedicated paramedics for 17 hrs.) Equipment / Vehicle $700.07 (preliminary estimate includes 17 hrs. of dedicated use of an ambulance) MARCH 28, 2023 23-147 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / PAINE ART CENTER & GARDENS / UTILIZE ALGOMA BOULEVARD AND CONGRESS AVENUE FOR THE FESTIVAL OF SPRING / 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 Paine Art Center & Gardens (Doris Peitz) to utilize one lane of Algoma Boulevard between W. New York Avenue and Congress Avenue and close Congress Avenue between Algoma Boulevard and Elmwood Avenue on Saturday, May 20, 2023, from 8:00 a.m. to 4:00 p.m. for the Festival of Spring event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. If Algoma becomes too congested during the set-up/clean-up phases between 5:00 AM - 8:00 AM and 4:00 PM – 5:00 PM, a decision may be made to close Algoma temporarily (at W. New York) until the congestion subsides. This will be at the discretion of Auxiliary / Community Service Officers on site. B. 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 $60.24 (preliminary estimate includes dedicated staffing of 4 CSO hrs. for traffic MARCH 28, 2023 23-147 RESOLUTION CONT management; setup/ tear down of barricades, no parking sign and cones) Equipment / Vehicle $32.12 (preliminary estimate includes 4 hrs. of dedicated use of a police vehicle for set up/tear down of barricades, no parking signs and cones) Supplies / Materials $33.00 (preliminary estimate includes use of no parking signs and cones) Public Works Staffing $125.36 (preliminary estimate included 4 hrs. of dedicated staffing for the delivery / pick up of barricades and signs) Equipment / Vehicle $46.00 (preliminary estimate includes 4 hrs. of dedicated use of a truck and trailer for delivery / pick up of barricades and signs) Supplies/Materials $132.00 (preliminary estimate includes use of barricades and signs) MARCH 28, 2023 23-148 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / OSHKOSH PATRIOTIC COUNCIL / UTILIZE SOUTH PARK, RIVERSIDE PARK, CITY STREETS AND THE CITY HALL PARKING LOT FOR THE MEMORIAL DAY PROCESSION AND SERVICES / MAY 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 the Oshkosh Patriotic Council (Eric Mayer) to utilize South Park (war monument area), Riverside Park, city streets (Algoma Boulevard) and City Hall parking lot on Monday, May 29, 2023 from 7:00 a.m. to 12:00 p.m. for the Memorial Day Procession and Services (actual times: 7:00 a.m. South Park, 8:00 a.m. Riverside Park, and 9:00 Algoma Blvd.) in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. The Memorial Day Procession is an event sponsored by the City of Oshkosh. The Oshkosh Patriotic Council, its members and volunteers are organizing and conducting the Memorial Day Procession and Services on behalf of the City of Oshkosh under the direction and control of the City of Oshkosh. As such, the Oshkosh Patriotic Council, its members and volunteers are volunteers for the City of Oshkosh for purposes of the Oshkosh Patriotic Council and are covered under the City of Oshkosh General Liability policy and no additional insurance is required for this event. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None MARCH 28, 2023 23-149 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / FATHER CARR’S PLACE 2 BE / UTILIZE CITY STREETS FOR THE FATHER CARR’S BRIDGE WALK / JUNE 3, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Father Carr’s Place 2 Be (Sherri Ziemer) to utilize City streets: Robin Way, N. Koeller Street, and Oshkosh Avenue on Saturday, June 3, 2023 from 9:30 a.m. to 12:00 p.m. for the Father Carr’s Bridge Walk 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 $186.14 (preliminary estimate includes 6 CSO hrs. & 1 Supervisor Sgt. hr.) MARCH 28, 2023 23-150 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / JAMBALAYA ARTS INC / UTILIZE THE ALLEY AREA BEHIND 401-419 N MAIN STREET FOR THE ART IN THE ALLEY/ JULY 8, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Jambalaya Arts Inc. (Amie Brownfield) to utilize the alley area behind 401-419 N. Main Street on Saturday, July 8, 2023 from 8:00 a.m. to 10:00 p.m. for the Art in the Alley 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 MARCH 28, 2023 23-151 RESOLUTION (CARRIED 7 – 0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SPECIAL EVENT / PAINE ART CENTER & GARDENS / UTILIZE ALGOMA BOULEVARD AND CONGRESS AVENUE FOR THE FAIRE ON THE GREEN / JULY 9, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Paine Art Center and Gardens (Doris Peitz) to utilize one lane of Algoma Boulevard between W. New York Avenue and Congress Avenue for the setup and tear down times and close Congress Avenue between Algoma Boulevard and Elmwood Avenue on Sunday, July 9, 2023, from 9:00 a.m. to 4:00 p.m. for the Festival of Spring event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. If Algoma becomes too congested during the set-up/clean-up phases between 5:00 AM - 9:00 AM and 4:00 PM – 6:00 PM, a decision may be made to close Algoma temporarily (at W. New York) until the congestion subsides. This will be at the discretion of Auxiliary Officers/CSO’s on site. 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 MARCH 28, 2023 23-151 RESOLUTION CONT Police Staffing $164.70 (preliminary estimate includes dedicated staffing of 4 CSO hrs. for traffic management; setup/tear down of barricades, no parking sign and cones) Equipment / Vehicle $32.10 (preliminary estimate includes 4 hrs. of dedicated use of a police vehicle for set up/tear down of barricades, no parking signs and cones) Supplies / Materials $33.00 (preliminary estimate includes use of no parking signs and cones) Public Works Staffing $125.36 (preliminary estimate included 4 hrs. of dedicated staffing for the delivery / pick up of barricades and signs) Equipment / Vehicle $46.00 (preliminary estimate includes 4 hrs. of dedicated use of a truck and trailer for delivery / pick up of barricades and signs) Supplies/Materials $33.00 (preliminary estimate includes use of barricades and signs) MARCH 28, 2023 23-152 RESOLUTION (CARRIED 7 – 0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: PUBLIC MUSEUM BOARD SUSTAINABILITY ADVISORY BOARD INITIATED BY: MAYOR LORI PALMERI BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointment to the various boards are made by Mayor Lori Palmeri, as attached hereto, and are hereby approved. Date: March 22, 2023 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the March 28, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. PUBLIC MUSEUM BOARD • Tiara Dainya-Sophia-Cavett - alternate to full seat SUSTAINABILITY ADVISORY BOARD • Jacob Komorowski - seat 4 • Tiffany Johnston-Reichenberger - Seat 7 1 Moran, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Tuesday, January 11, 2022 9:02 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:1/11/2022 9:02:09 AM Board/Commission Public Museum Board, or Any Name (Last, First, Middle) Address City State Zip Tiara Dainya-Sophia Cavett 1522 Oak Street Oshkosh, WI 54901 Employer Occupation: MDH Deliveries, Contracted by Fed Ex Ground Stay at home mother/ Delivery driver 18 Years of Age or Older Yes Home Phone 989-278-9744 Business Phone 989-278-9744 Email Address Tiara.Cavett@gmail.com Cell Phone 989-278-9744 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 7 consecutively (10 in totality) Education: High School Diploma 1 Year College Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): Yes 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 have no special qualification, or previous experiences for any position. I only have a love of history and a strong interest to be involved in my community. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would work towards bettering the community through service on the board/commission by devoting my time, energy and unique prospective as a person to learning and being more connected to the people within my community. I believe that if we want to see changes in the ways of togetherness in our community, we need to first get together. By getting together, I mean having all types of people that differ from one another, and people that are at different stages in their lives to bring about a prospective and uniqueness that we can use to better relate to one another. Being able to relate to differing people, together, could/can make it easier to have a closeness within our community. I want to be a part of helping make it easier to have a closeness within our community. I want to be a part of my community. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Friday, December 9, 2022 1:51 PM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:12/9/2022 1:51:14 PM Board/Commission SUSTAINABILITY ADVISORY BOARD Name (Last, First, Middle) Address City State Zip Jacob Komorowski 933 w 10th ave Oshkosh, WI 54902 Employer Occupation: Amcor Flexibles Commercial Finance Manager 18 Years of Age or Older Yes Home Phone (920) 410-8323 Business Phone (920) 410-8323 Email Address Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 29 Education: University of Wisconsin Oshkosh - BBA - Finance Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have served: Years: 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? With a background in finance I'm aware of the financial impacts of a changing climate and the need for a more sustainable future. I have no formal background in sustainability but would love to serve the community for a brighter future. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would always bring a rational and reasoned perspective to the board. I will hear everyone's opinion and am no afraid to offer my own opinion. I am passionate about this community and want to be involved in it's future. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Sunday, August 14, 2022 4:05 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:8/14/2022 4:04:31 PM Board/Commission Redevelopment authority, public arts & beautification,sustainability, rental housing authority Name (Last, First, Middle) Address City State Zip Tiffany johnston-reichenberger 317 e parkway ave Oshkosh wisconsin 54901 Employer Occupation: Self-employed Marketing & Design Consultant 18 Years of Age or Older Yes Home Phone (920)960-8395 Business Phone (920)960-8395 Email Address Tiffanyreichenberger@gmail.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 10 Education: UWO graduate 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 have spent the majority of my career actively involved in understanding how communities gather, grow, and communicate with one another. I am an avid researcher and appreciate all views and perspectives. The best use of time is “problem-solving” with human awareness, meaning I can typically see a solution and a path before my peers. As a foster mum, I tackle tough conditions and conversations regularly and can make intuitive decisions unbiasedly. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I desire to provide a positive impact on the environment, community, and commissions by showing up with gratitude, grace, and integrity. I promise to consider all sides and dedicate good and solid effort to each meeting and person. MARCH 28, 2023 23-153 RESOLUTION (CARRIED 7 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE COMBINATION “CLASS B” LICENSE, 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: COMBINATION “CLASS B” LICENSE (MARCH 29, 2023 – JUNE 30, 2023) NAME AND ADDRESS: LOCATION OF PREMISES: BEST WESTERN PREMIER WATERFRONT HOTEL……..……….………1 N Main St., Oshkosh Agent: David Helgeson, 8532 Olde Market Dr., Larsen, WI MARCH 28, 2023 23-153 RESOLUTION CONT’D CLASS “B” FERMENTED MALT BEVERAGE (MARCH 29, 2023 – JUNE 30, 2023) NAME AND ADDRESS: LOCATION OF PREMISES: OSHKOSH WEDDINGS AND COVENTION CENTER……..…….….…2 N Main St., Oshkosh Agent: David Helgeson, 8532 Olde Market Dr., Larsen, WI SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Downtown Oshkosh BID……………………………………..April 8, 2023 – 1:00 p.m. –4:00 p.m. Person in Charge: Chanda Anderson Event Name: Cottontails & Cocktails Downtown Oshkosh BID, Oshkosh, WI SEE EXHIBIT A LASTNAME FIRSTNAME ST_ADDRESS CITY ANSON SOPHIA 1615 W NEW YORK AVE #4 OSHKOSH BRENEISEN MICHEL 10 E NEW YORK AVE. OSHKOSH BRODERICK LILLIAN 1430 OSBORN AVE. #6 OSHKOSH DANELON AUBREY 1301 W. ELSNER ROAD APPLETON DONOFRIO CHRISTOPHER 1022 W. 9TH AVE OSHKOSH GRENELL SOPHIA 857 JACKSON ST. OSHKOSH HARRINGTON SHELLY 317 N SAWYER STREET OSHKOSH KELLY DONNELL 1227 HIGH AVE OSHKOSH KLATT DANNY 1514 GROVE STREET OSHKOSH LODA MEGAN 2720 N MCDONALD STREET APPLETON MARTIN ELIZABETH 2319 N MAIN STREET OSHKOSH ROONEY JACK 2255 W PERSHING ST. #16 APPLETON SCHULTZ TIEYLER 932 WINNEBAO AVE OSHKOSH SHEPPARD JAMIE 400 TAYCO STREET MENASHA SZYMANSKI MICHAEL 1326A WINNEBAGO AVE OSHKOSH UHING DALTON 826 MT. VERNON ST OSHKOSH MARCH 28, 2023 23-154 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: DESIGNATE THE INTERSECTION OF BISMARCK AVENUE AND EAGLE STREET AS A 4-WAY STOP INITIATED BY: TRAFFIC AND PARKING ADVISORY BOARD A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-8 AND SECTION 27A-6 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THROUGH STREET DESIGNATION AND FOUR WAY STOP DESIGINATION WHEREAS, the Transportation Department recommends approval to remove through street designation on Eagle Street 2-way stop and designate the intersection of Eagle Street and Bismarck Avenue as a 4-way stop. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 27A-8 and 27A-6 pertaining to through street designated and four way stop intersections designated of the Oshkosh Municipal Code are hereby amended as follows: A-8 THROUGH STEET DESIGNATED Delete Therefrom: Eagle Street at its intersection with Bismarck Avenue A-6 FOUR WAY STOP INTERSECTIONS DESIGNATED Add Thereto: Eagle Street and Bismarck Avenue SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. MARCH 28, 2023 23-154 ORDINANCE FIRST READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-XX on April 11, 2023, DESIGNATE THE INTERSECTION OF BISMARCK AVENUE AND EAGLE STREET AS A 4-WAY STOP (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-8 and 27A-6 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PERTAINING TO THROUGH STREET DESIGNATION AND FOUR WAY STOP DESIGINATION). The ordinance designates the intersection of Bismarck Avenue and Eagle Street as a 4-way stop. 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: March 28, 2023 RE: Designate the Intersection of Bismarck Avenue and Eagle Street as a 4-way stop BACKGROUND In an effort to improve traffic flow and improve the safety of students that walk and bike to Perry Tipler Elementary school, East Central Wisconsin Regional Plan Commission conducted a Safe Routes to School Audit (SRTS) in cooperation with the school and Oshkosh Police Department. Per their recommendation, this request is to remove through street designation on Eagle Street (2- way stop) and designate the intersection of Eagle Street and Bismarck Avenue as a four way stop. The Traffic and Parking Advisory Board recommends approval. (5-0) ANALYSIS The recommended changes to traffic flow to promote safety during school drop off and pick- up. 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-8 and 27A-6 of the Municipal Code pertaining to removal of through street designation and four way stop designation. Respectfully Submitted, Approved: Jim Collins John Fitzpatrick Transportation Director Assistant City Manager / Director of Administrative Services MARCH 28, 2023 23-155 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: REMOVE SMALL SECTION OF 10 MINUTE PARKING ON ALGOMA BOULEVARD INITIATED BY: TRANSPORTATION DEPARTMENT RECOMMENDATION: TRAFFIC AND PARKING ADVISORY BOARD - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A- 11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS WHEREAS, the Transportation Department recommends approval to remove small section of 10-minute parking on Algoma Boulevard. 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 Algoma Blvd Delete Therefrom: 10-minute parking south-side, from 523 feet west of Division Street to 583 feet west of Division 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 April 11, 2023, REMOVE SMALL SECTION OF 10-MINUTE PARKING ON ALGOMA BOULEVARD (A GENERAL ORDINANCE OF THE CITY OF MARCH 28, 2023 23-155 ORDINANCE FIRST READING CONT’D OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance removes a small section of 10-minute parking on Algoma Boulevard. 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: March 28, 2023 RE: Remove small section of 10-minute parking on Algoma Blvd. BACKGROUND This 10-minute parking area is no longer needed as the requesting business has since moved from that location. The Traffic and Parking Advisory Board recommends approval. (5-0) ANALYSIS The recommended change removes temporary parking that is not being utilized or needed. 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 and of the Municipal Code pertaining to removal of through street designation and four way stop designation. Respectfully Submitted, Approved: Jim Collins John Fitzpatrick Transportation Director Assistant City Manager / Director of Administrative Services MARCH 28, 2023 23-156 RESOLUTION (CARRIED 7 – 0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE INSTALLATION OF NEW SIDEWALK: BAUMAN STREET, EAST SIDE, FROM VAN BUREN AVENUE TO TYLER AVENUE INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: That sidewalks and handicap ramps be constructed according to the established grade pursuant to Section 66.0907 of the Wisconsin Statutes, and the ordi nances of the City of Oshkosh on the following locations: Bauman Street, east side, from Van Buren Avenue to Tyler Avenue I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-08 Arthur-Tyler- Coolidge-Bauman\Project_Information\Correspondence\Memo\23-08 Inst of New Sidewalk-Marina_3-23-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: March 23, 2023 RE: Approve Installation of New Sidewalk: • Bauman Street, east side, from Van Buren Avenue to Tyler Avenue BACKGROUND State of Wisconsin Statutes §66.0907 (1) states that “Streets shall provide a right-of-way for vehicular traffic and, where the council requires, a sidewalk on either or both sides of the street. The sidewalk shall be for the use of persons on foot …” State of Wisconsin Statutes §66.0907 (3) (a) states “The council may by ordinance or resolution determine where sidewalks shall be constructed …” At the February 14, 2023 meeting, the Common Council rejected Resolution 23-70 which would have ordered sidewalk be constructed along the east side of Ba uman Street from Taft Avenue to Buchanan Avenue, and along the north side of Buchanan Avenue from Bauman Street to Josslyn Street. Following that meeting, the owner of the parcel along the east side of Bauman Street between Tyler Avenue and Van Buren Avenue requested sidewalk be installed in front of their property as part of the street reconstruction project. This single property owner owns all property along the east side of Bauman Street between Tyler Avenue and Van Buren Avenue. ANALYSIS The City of Oshkosh 2023-2024 Strategic Plan, Improve and Maintain our Infrastructure Strategic Goal, Objective A, Strategy / Tactic 5 instructs staff to “Incorporate “Complete Streets” principles when and where it is feasible”. “Complete Streets” are defined as “streets that are designed and operated to enable safe use and support mobility for all users.” The construction of sidewalks is a core principle in order to make streets accessible and support mobility for all users. The installation of the sidewalk on the east side of Bauman Street directly supports this Strategic Plan directive. I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-08 Arthur-Tyler- Coolidge-Bauman\Project_Information\Correspondence\Memo\23-08 Inst of New Sidewalk-Marina_3-23-23.docx Page 2 of 2 The installation of this sidewalk will provide improved pedestrian safety as pedestrians traverse the area near the marina. FISCAL IMPACT Funding is included in the 2023 Capital Improvement Program in Account #03210410- 6806-04308 (Contract Contract-Sidewalk-23-08 Multi Street Reconstruction). The adjacent property owner is charged for 100% of the sidewalk construction expense abutting their property and the City pays for handicap ramp installations at intersections. RECOMMENDATIONS I recommend approval of the resolution. Approved: John Fitzpatrick Assistant City Manager / Director of Administrative Services JLG/tlt MARCH 28, 2023 23-157 RESOLUTION (CARRIED 7 – 0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE SECOND AMENDMENT TO TIF 40 DEVELOPMENT AGREEMENT WITH MILES KIMBALL LLC FOR REDEVELOPMENT OF THE MILES KIMBALL BUILDING INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the Common Council approved a Development Agreement with Miles Kimball LLC for the redevelopment of the Miles Kimball building on April 13, 2021; and WHEREAS, the Common Council approved the First Amendment to the Development Agreement with Miles Kimball LLC for the redevelopment of the Miles Kimball building on October 25, 2022 to extend the date for substantial completion and issuance of a certificate of occupancy on or before April 1, 2023 due to supply chain issues; and WHEREAS, Miles Kimball LLC is requesting to amend the Development Agreement as previously amended to extend the project completion deadline from April 1, 2023 to October 1, 2023 due to continued supply chain issues. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into an Amendment to the Development Agreement with Miles Kimball LLC for the redevelopment of the Miles Kimball Building, per the attached, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Development Agreement. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Community Development Director DATE: March 23, 2023 RE: Approve Second Amendment to TID 40 Development Agreement with Miles Kimball LLC for Redevelopment of the Miles Kimball Building BACKGROUND The Common Council approved the TID 40 Development Agreement with Miles Kimball LLC for the redevelopment of the Miles Kimball building on July 27, 2021. Due to supply chain issues, the developer requested that the completion date of the project be extended to April 1, 2023 from the original date of September 1, 2022. The Common Council approved an amendment to the Development Agreement on October 25, 2022. ANALYSIS Miles Kimball LLC has requested an extension of the project completion deadline from April 1, 2023 to October 1, 2023 due to continued supply chain issues. All other terms and obligations of the development agreement remain the same. FISCAL IMPACT The fiscal impact remains unchanged. RECOMMENDATION The Common Council approves the second amendment to the TID 40 Development Agreement with Miles Kimball LLC for the redevelopment of the Miles Kimball building. Respectfully Submitted, Approved: Kelly Nieforth John Fitzpatrick Community Development Director Assistant City Manager / Director of Administrative Services SECOND AMENDMENT TO TAX INCREMENTAL DISTRICT NO. 40 DEVELOPMENT AGREEMENT (MILES KIMBALL BUILDING PROJECT) This Second Amendment to the Tax Incremental District No. 40 Development Agreement (the “Second Amendment”) is made this ___ day of March, 2023 (the “Effective Date”), by and between the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation and MILES KIMBALL, LLC, a Wisconsin limited liability company (the "Developer"). RECITALS WHEREAS, the City has established Tax Incremental District No. 40 (the “District”) as a district in which at least fifty percent (50%) of the property within the District is in need of rehabilitation or conservation work, as defined in Wis. Stat. Sec. 66.1337(2m)(a), and in which certain costs incurred for redevelopment of the District may be reimbursed from property tax increment as provided by State law; and WHEREAS, pursuant to the District Plan, a Development Agreement was entered into on or about August 4, 2021 which required that construction of the proposed Project begin on or before October 1, 2021 and be diligently pursued with substantial completion and issuance of a certificate of occupancy on or before September 1, 2022; and WHEREAS, an Amendment to the Development Agreement was approved on October 25, 2022 which extended the date for substantial completion and issuance of a certificate of occupancy on or before April 1, 2023; and WHEREAS, construction of the Project was timely begun but the delivery of the construction supplies including the delivery of the elevator and balconies have been delayed; and WHEREAS, the Developer has requested to amend the Development Agreement to amend the date for substantial completion to October 1, 2023. NOW THEREFORE, in consideration of the recitals, the terms and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. AMENDMENT. The parties agree to amend Paragraph II (B) and (E) of the Developer Agreement as follows: II. DEVELOPER'S OBLIGATIONS. B. Project Construction. Developer shall commence construction of the Developer Project on or before October 1, 2021. Once commenced, Developer shall diligently pursue completion of construction of the Project in accordance with applicable City ordinances and City-approved plans for the Property so that in any case construction shall be substantially completed by October 1, 2023 (the “Completion Date”). For purposes hereof, “substantially complete” shall mean the issuance of a certificate of occupancy for the Project. Developer agrees that is shall expend Project Costs in an amount of not less than Four Million Seven Hundred Seventy Five Thousand and No/100 Dollars ($4,750,000.00) (“Minimum Project Costs”). (The “Amended Language”). Verification of Project Costs. Developer shall, upon completion of the Project and, in any event, prior to March 31, 2024, submit to the City a complete accounting of its Project Costs, including all invoices and evidence of payment. II. EFFECT OF AMENDMENT. The Amended Language of this Second Amendment shall supersede and supplant the language in paragraph II (B) and (E) of the Development Agreement as amended by the First Amendment thereto as if stated fully therein. All other paragraphs and provisions of Development Agreement not otherwise addressed in this First or Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date stated in the first paragraph of this Agreement. MILES KIMBALL, LLC By: Name: Title: STATE OF _____________ } } SS COUNTY OF ____________ } Personally came before me this ______ day of March, 2023, the above-named ___________________________, to me known to be the ______________, of Miles Kimball, LLC, and the person who executed the foregoing instrument on behalf of the limited liability company. * Notary Public, State of My Commission: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Jessi L. Balcom, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGO } Personally came before me this _____ day of March, 2023, the above named Mark A. Rohloff and Jessi L. Balcom, to me known to be the City Manager and City Clerk, respectively, of the City of Oshkosh, Wisconsin, and the persons who executed the foregoing instrument. * Notary Public, State of Wisconsin My Commission: My Commission: THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACHMENTS ASSOCIATED WITH THIS ITEM City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: John M. Fitzpatrick, Assistant City Manager/Director of Administrative Services DATE: March 21, 2023 RE: Cooperative Purchase of two 2023 Ram 1500 Pickup Trucks from Ewald Automotive Group for Parks Department ($73,134.00) BACKGROUND The 2022 CIP and the 2023 CIP were allocated a total of $75,000 for the purchase of two new pickup trucks for the Parks Department. The 2022 CIP allocated $45,000 and the 2023 CIP allocated $30,000. The new units will replace 2008 Ford Pickup trucks with rusting chassis and undercarriages. Both units will be replaced with extended cab pickups that will make them more versatile for maintenance needs. This memo is to report the purchase of new pickup trucks pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that Ewald Automotive Group holds the state cooperative contract (#505ENT- M21-VEHICLES-04) for Dodge/Ram vehicles. Using this cooperative contract for both units the city will save a total of approximately $12,238.00 (14%) off list price. FISCAL IMPACT The 2022 CIP allocated $45,000.00 and the 2023 CIP allocated $30,000.00 for these trucks. Both trucks cost $36,567.00 each for a total fiscal impact of $73,134.00. The cost for the first pickup truck was charged to 2022 CIP A/N# 03230610 7210 66007 (Motor Vehicles- ¾ Ton Pickup Truck). The cost for the second truck was charged to 2023 CIP A/N# 03230610 7210 66014 (Motor Vehicles- Pickup Truck). Finance confirmed the overage for the second truck ($6,567.00) could be covered by remaining funds in the 2022 CIP A/N# noted above. RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12- 15 of the Municipal Code, I am hereby submitting a report of this purchase to the Common Council. If you have any questions on this purchase, please contact myself or General Services Manager Jon Urben. Respectfully Submitted, John M. Fitzpatrick, Assistant City Manager/Director of Administrative Services 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: John M. Fitzpatrick, Assistant City Manager/Director of Administrative Services DATE: March 21, 2023 RE: Cooperative Purchase of 2023 Dodge Durango from Ewald Automotive Group for Fire Department ($38,841.00) BACKGROUND The Common Council allocated $56,700.00 in the 2023 CIP for the purchase of a new staff/command vehicle for the Fire Department. The new unit will replace a 2012 Ford Focus with ongoing transmission issues. The new unit will have automatic all-wheel drive for better control in slippery conditions. The new unit will also be used for towing light trailers. This memo is to report the purchase of this vehicle pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing verified that Ewald Automotive Group holds the state cooperative contract (#505ENT-M21- VEHICLES-04) for Dodge/Ram vehicles. Using this cooperative contract for this unit the city will save approximately $5,034.00 (11%) off list price. FISCAL IMPACT The 2023 CIP allocated $56,700.00 for this unit. The total fiscal impact for this unit via the cooperative contract is $38,841.00 and will be charged to CIP A/N#: 03230230 7210 66106 (Motor Vehicle - SUV/CAR PASSENGER VEHICLES). RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12- 15 of the Municipal Code, I am hereby submitting a report of this purchase to the Common Council. If you have any questions on this purchase please contact myself or General Services Manager Jon Urben. Respectfully Submitted, John M. Fitzpatrick, Assistant City Manager/Director of Administrative Services 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: John M. Fitzpatrick, Assistant City Manager/Director of Administrative Services DATE: March 21, 2023 RE: Cooperative Purchase of Hook Lift Apparatus from JWR, Inc. for Streets Division ($68,079.11) BACKGROUND The Common Council allocated $225,000 in the 2022 CIP for a new Hook-Lift “Roll-Off” Truck Unit for the Streets Division. At their June 28, 2022 meeting the Council approved the cooperative purchase of the chassis for this unit for $151,186.60. This unit still requires the hook lift apparatus to be purchased and installed onto the chassis to complete this unit. The hook lift apparatus is a “roll off” type hook to load, dump and unload a removable body. The apparatus includes the lift, body, hydraulics and other components. This memo is to report the purchase of the hook lift apparatus pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that JWR, Inc. holds the Sourcewell cooperative contract (#040621-WQI) for Galbreath Hook Lifts. Using this cooperative contract, the city will save approximately $11,707.77 (15%) off list price. FISCAL IMPACT The 2022 CIP allocated $225,000.00 for this entire unit. The chassis cost was $151,186.60. The hook lift apparatus cost using the cooperative contract discount is $68,079.11. Combined, the total fiscal impact cost for this unit is $219,265.11. These purchases are charged to A/N# 03230480 7210 66912 (Motor Vehicles- #221 Hook-Lift Roll-Off 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, I am hereby submitting a report of this purchase to the Common Council. If you have any questions on this purchase, please contact myself or General Services Manager Jon Urben. Respectfully Submitted, John M. Fitzpatrick, Assistant City Manager/Director of Administrative Services 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 than replacement fees.3/31/2023 Village of Pewaukee has successfully defended a lawsuit challenging its TUF 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. 3/31/2023 DEI Strategic Plan on 3/14/23 agenda 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. 7/1/2023 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 Summery of committed funds was presented to Council on 3/14/23.4/11/2023 11/9/2022 City Manager Boards and Commissions Study Council AdHoc Committee is gathering information in order to develop a report for Council consideration. 4/11/2023 1/10/2023 DPW/Legal Sanitary District Negotiations Districts to provide response to City’s proposals by 4/1/2023.4/1/2023 3/28/2023 Council Meeting