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HomeMy WebLinkAbout04.11.23 FULL AGENDAIf anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@ci.oshkosh.wi.us, or phone 920-236-5002. To send written correspondence to Council, mail to the City Manager, or place in City Hall Dropbox, or email to council@ci.oshkosh.wi.us, (prior to the Council meeting). OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN April 11, 2023 • REVISED A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Mugerauer B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE Emmeline Cook Elementary School and Oaklawn Elementary School E. PUBLIC HEARING • 01. *Ord 23-158 Approve Amendment to Comprehensive Land Use Plan Maps Changing the Land Designation of the Properties Located Along the Southern Intersection of North Koeller Street and Oshkosh Avenue from Light Density Residential to Neighborhood Commercial (Plan Commission Recommends Approval) F. CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) G. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 02. Report of Bills by the Finance Director 03. Receipt & Filing of Meeting Minutes - Common Council Meeting 03.28.23 04. Receipt & Filing of Meeting Minutes – Museum Board Meeting 03.02.23 05. Receipt & Filing of Meeting Minutes – Library Board Meeting 02.28.23 OSHKOSH COMMON COUNCIL – April 11, 2023 NOTE: The Council has a five-minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. G. CONSENT AGENDA continued: 06. Res 23-159 Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract No. 22-04 Algoma Boulevard and Vine Avenue Reconstruction / Dorner, Inc. (-$144,289.99) 07. Res 23-160 Approve Renewal of Bird City Wisconsin Designation; Designate May 6, 2023 as World Migratory Bird Day (Sustainability Advisory Board Recommends Approval) • 08. Res 23-161 Grant Electric Underground and Gas Easements to Wisconsin Public Service for Undergrounding of Utilities in the Sawdust District (Redevelopment Authority Recommends Approval) (Withdrawn by Staff) 09. Res 23-162 Approve Professional Services Agreement with Wisconsin Public Service for Undergrounding of Utilities in the Sawdust District ($129,070.67) 10. Res 23-163 Award Bid to Lake & Pond Solutions LLC for Water Fountains Installation- Menominee Park Lagoon for Parks Department ($21,638.21) 11. Res 23-164 Approve Agreement with Houck Transit Advertising for Bus Advertising Services for GO Transit (2023: +$30,000, 2024: +$30,000, 2025: +$30,000) 12. Res 23-165 Approve Operating Budget Amendment for The Oshkosh Senior Services Division to Allocate Grant Funding for Marketing and Promotion of Balance Screening Program 13. Res 23-166 Designate the Month of May 2023 as No Mow May (Sustainability Advisory Board Recommends Approval) 14. Res 23-167 Appointments to Various Boards and Commissions 15. Res 23-168 Approve Special Class “B” Licenses & Operator Licenses H. ITEMS REMOVED FROM CONSENT AGENDA I. PENDING ORDINANCE 16. Ord 23-169 Designate the Intersection of Bismarck Avenue and Eagle Street as a 4- way stop (Traffic and Parking Advisory Board recommends approval) Elementary School on 11th Avenue and Minnesota Street 17. Ord 23-170 Remove small section of 10-minute parking on Algoma Boulevard (Traffic and Parking Advisory Board recommends approval) J. NEW ORDINANCES ((NOTE: Items designated with an asterisk * will not be voted on) 18. *Ord 23-171 Repeal and Recreate Chapter 4 Article IV Pertaining to Alcohol Beverages/ Issuance Of Operator’s Licenses K. NEW RESOLUTIONS 19. Res 23-172 City Sponsorship of The N.E.W. Dragon Boat Race Festival On September 16, 2023 (DEI Committee recommends approval) OSHKOSH COMMON COUNCIL – April 11, 2023 NOTE: The Council has a five-minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. L. PENDING RESOLUTIONS 20. Res 23-173 Approve General Development Plan for a Multi-Family Development at the West 3400 Block of Lake Butte des Morts Drive (Plan Commission Recommends Approval) 21. Res 23-174 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) M. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 22. Future Agenda Items: a. Process to fill Council Vacancy – April 25, 2023 23. Future Workshops: N. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 24. Report of Council Liaison for Boards & Commissions O. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 25. Cooperative Purchase of Mobile Column Lifts from Stertil-Koni USA, Inc. for Parks Department ($35,749.09) 26. Cooperative Purchase of two 2023 Chevrolet Silverado 1500 Pickup Trucks from Napleton Chevrolet Columbus for Engineering Division ($44,077.05) and Facilities Maintenance Division ($45,259.85) and a Ford Edge Compact SUV from Ewald Automotive Group for Engineering Division ($37,257.00) 27. Outstanding Issues P. ADJOURN • Indicates Revision WE ASK FOR GUIDANCE TONIGHT AS WE BEGIN THIS MEETING. MAY ALL THOSE WHO PARTICIPATE IN OUR DISCUSSIONS AND OUR DECISIONS REFLECT THE VALUES THAT WE CHERISH IN THIS GREAT CITY. APRIL 11, 2023 23-158 ORDINANCE FIRST READING (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE AMENDMENT TO COMPREHENSIVE LAND USE PLAN MAPS CHANGING THE LAND DESIGNATION OF THE PROPERTIES LOCATED ALONG THE SOUTHERN INTERSECTION OF NORTH KOELLER STREET AND OSHKOSH AVENUE FROM LIGHT DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF OSHKOSH, WISCONSIN The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. City Administration requests an amendment to the Comprehensive Land Use Plan maps changing the land use designation of the properties located along the southern intersection of North Koeller Street and Oshkosh Avenue from Light Density Residential to Neighborhood Commercial. SECTION 2. The Plan Commission recommended approval of said amendment. SECTION 3. The City has held a public hearing on this Ordinance, in compliance with the requirements of Section 66.1001(4)(d), Wisconsin Statutes. SECTION 4. The Common Council of the City of Oshkosh hereby approves an amendment to the Comprehensive Land Use Plan maps changing the land use designation of the properties located along the southern intersection of North Koeller Street and Oshkosh Avenue from Light Density Residential to Neighborhood Commercial, per the attached. APRIL 11, 2023 23-158 ORDINANCE CONT’D SECTION 5. This Ordinance shall take effect upon passage by a majority vote of the members elect of the Common Council and publication as required by law. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE AMENDMENT TO COMPREHENSIVE LAND USE PLAN MAPS CHANGING THE LAND DESIGNATION OF THE PROPERTIES LOCATED ALONG THE SOUTHERN INTERSECTION OF NORTH KOELLER STREET AND OSHKOSH AVENUE FROM LIGHT DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL on April 25, 2023. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: April 6, 2023 RE: Approve Amendment to Comprehensive Land Use Plan Maps Changing the Land Designation of the Properties Located Along the Southern Intersection of North Koeller Street and Oshkosh Avenue from Light Density Residential to Neighborhood Commercial BACKGROUND The petitioner is requesting a comprehensive land use map amendment of ten existing single family residential properties along the southern intersection of North Koeller Street and Oshkosh Avenue. The subject area is designated for Light Density Residential land use and the applicant is requesting a change to a Neighborhood Commercial land use designation. The seven western-most properties are zoned Multi-Family Residential – 20 District (MR-20) and the three eastern-most properties are zoned Single Family Residential – 5 District (SR-5). All subject properties have a 2040 Comprehensive Land Use Recommendation of Light Density Residential. The surrounding area consists of commercial uses to the north and west and residential uses to the south and east. ANALYSIS In October of 2018, the City adopted the Comprehensive Plan Update 2040, which was an update to the previous plan from 2005. Part of the update entailed refining the 20-Year Recommended Land Use Map. The map is a representation of future land uses within the City and in the extraterritorial three-mile buffer. Future land use maps are intended to be used as a general reference tool for determining appropriate future land use and growth patterns. When the maps were created, the recommended uses were determined on a broader scale as opposed to a parcel- by-parcel basis. Staff realized that sections of the Comprehensive Plan, including mapping portions, need to be updated or revised periodically to accommodate logical requests and changes in future land use. In July of 2022, City staff received a proposal for a commercial development at the 1500 Block of Oshkosh Avenue. The proposal required a comprehensive land use map amendment, which was brought before Plan Commission at a workshop as well as a neighborhood meeting. The proposal was subsequently denied by both Plan Commission and Common Council. Plan Commission recommended reviewing the entire Oshkosh Avenue corridor to determine if it City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us would be appropriate to amend the Comprehensive Land Use Map to allow for commercial uses in areas that are currently slated for future residential use. Plan Commission workshops were held on September 20, 2022 and January 3, 2023 to further discuss future land use of the area. Plan Commission voiced support for allowing future commercial use on the western south side of Oshkosh Avenue and North Koeller Street as this area includes deeper lots with potential for commercial development. A neighborhood meeting was held on December 1, 2022 to discuss the potential of amending the Comprehensive Plan to allow future commercial use at the residential blocks located along Oshkosh Avenue. Those in attendance generally did not have concerns related to future commercial use of the area to the west on the south side of Oshkosh Avenue and North Koeller Street. Based on the feedback provided from property owners and neighbors during the neighborhood meeting, as well as Plan Commission during multiple workshops, staff is recommending an amendment of the Comprehensive Land Use Plan from Light Density Residential to Neighborhood Commercial for the subject properties on the south side of Oshkosh Ave. The Staff is supportive of the future land use plan amendment as land use patterns in the area have predominantly been for commercial redevelopment. Staff feel that Neighborhood Commercial is an appropriate land use recommendation for this area as it will allow for lower intensity commercial zoning and land uses, which should have less impact on neighboring residential uses to the south and east than higher intensity land use designations such as General Commercial and Interstate Commercial. RECOMMENDATION The Plan Commission recommended approval of the land use map amendment on March 7, 2023. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager CHECK NUMBER CHECK DATE CHECK TYPE 6968 03/31/2023 EFT 6969 03/31/2023 EFT 6970 03/31/2023 EFT 6971 03/31/2023 EFT 6972 03/31/2023 EFT 6973 03/31/2023 EFT 6974 03/31/2023 EFT 6975 03/31/2023 EFT 6976 03/31/2023 EFT 6977 03/31/2023 EFT 6978 03/31/2023 EFT 6979 03/31/2023 EFT 6980 03/31/2023 EFT 6981 03/31/2023 EFT 6982 03/31/2023 EFT 6983 03/31/2023 EFT 6984 03/31/2023 EFT 6985 03/31/2023 EFT 6986 03/31/2023 EFT 6987 03/31/2023 EFT 6988 03/31/2023 EFT 6989 03/31/2023 EFT 6990 03/31/2023 EFT 6991 03/31/2023 EFT 6992 03/31/2023 EFT 6993 03/31/2023 EFT 6994 03/31/2023 EFT 6995 03/31/2023 EFT 6996 03/31/2023 EFT 6997 03/31/2023 EFT 6998 03/31/2023 EFT 6999 03/31/2023 EFT 7000 03/31/2023 EFT 7001 03/31/2023 EFT 7002 03/31/2023 EFT 7003 03/31/2023 EFT 7004 03/31/2023 EFT 7005 03/31/2023 EFT 7006 03/31/2023 EFT 7007 03/31/2023 EFT 7008 03/31/2023 EFT 502704 03/31/2023 PRINTED 502705 03/31/2023 PRINTED 502706 03/31/2023 PRINTED 502707 03/31/2023 PRINTED 502708 03/31/2023 PRINTED 502709 03/31/2023 PRINTED 502710 03/31/2023 PRINTED 502711 03/31/2023 PRINTED 502712 03/31/2023 PRINTED 502713 03/31/2023 PRINTED 502714 03/31/2023 PRINTED 502715 03/31/2023 PRINTED 502716 03/31/2023 PRINTED 502717 03/31/2023 PRINTED 502718 03/31/2023 PRINTED 502719 03/31/2023 PRINTED 502720 03/31/2023 PRINTED 502721 03/31/2023 PRINTED 502722 03/31/2023 PRINTED 502723 03/31/2023 PRINTED 502724 03/31/2023 PRINTED 502725 03/31/2023 PRINTED 502726 03/31/2023 PRINTED 502727 03/31/2023 PRINTED 502728 03/31/2023 PRINTED 502729 03/31/2023 PRINTED 502730 03/31/2023 PRINTED 502731 03/31/2023 PRINTED 502732 03/31/2023 PRINTED 502733 03/31/2023 PRINTED 502734 03/31/2023 PRINTED 502735 03/31/2023 PRINTED 502736 03/31/2023 PRINTED 502737 03/31/2023 PRINTED 502738 03/31/2023 PRINTED 502739 03/31/2023 PRINTED 502740 03/31/2023 PRINTED 502741 03/31/2023 PRINTED 502742 03/31/2023 PRINTED 502743 03/31/2023 PRINTED 502744 03/31/2023 PRINTED 502745 03/31/2023 PRINTED 502746 03/31/2023 PRINTED 502747 03/31/2023 PRINTED 502748 03/31/2023 PRINTED 502749 03/31/2023 PRINTED 502750 03/31/2023 PRINTED 502751 03/31/2023 PRINTED 502752 03/31/2023 PRINTED 502753 03/31/2023 PRINTED 502754 03/31/2023 PRINTED 502755 03/31/2023 PRINTED 502756 03/31/2023 PRINTED 502757 03/31/2023 PRINTED 502758 03/31/2023 PRINTED 502759 03/31/2023 PRINTED 502760 03/31/2023 PRINTED 502761 03/31/2023 PRINTED VENDOR NAME AMOUNT LIFT SOLUTIONS HOLDINGS LLC 700.00 AUTOMATIC ENTRANCES OF WI INC 183.75 AXCEL TECHNOLOGY LLC 2,115.00 AXON ENTERPRISE INC 161,571.53 BROOKS TRACTOR INC 1,446.18 CENTER FOR INTERNET SECURITY INC 6,000.00 CHEMTRADE CHEMICALS US LLC 4,026.40 CINTAS CORPORATION 479.44 COMMUNICATIONS ENGINEERING CO 916.50 COMPASS MINERALS AMERICA 5,077.91 CONSTELLATION ENERGY SERVICES 35,013.43 CONWAY SHIELD 9,357.00 DALE MARTIN 345.00 COMPLETE OFFICE OF WISCONSIN INC 77.88 ENERGY SOLUTION PARTNERS LLC 20,949.52 FACILITY ENGINEERING INC 6,955.00 FIRE APPARATUS & EQUIPMENT INC 588.68 GFL ENVIRONMENTAL 251.29 HAWKINS INC 10,692.89 HUNTER SECURITY AND SURVEILLANCE 1,187.49 JAMES RABE 30.13 KEMIRA WATER SOLUTIONS INC 10,008.79 KERBERROSE S.C.17,500.00 MACQUEEN EQUIPMENT GROUP 1,817.83 M10 INC 2,817.49 MONROE TRUCK EQUIPMENT 171.74 NORTHERN LAKE SERVICE INC 2,146.09 OSHKOSH CONVENTION AND 1,012.65 PLYMOUTH LUBRICANTS 916.52 POESCHL PRINTING COMPANY INC 1,033.00 QUALITY TRUCK CARE CENTER INC 62.40 REINDERS INC 2,925.06 RNOW INC 701.09 ROGAN'S SHOES 369.74 SMITHGROUP INC 12,000.00 MCCLONE 32,838.00 ON TIME EMBROIDERY INC 2,594.00 VORPAHL INC 698.02 WI PUBLIC SERVICE CORP 21,272.89 WINNEBAGO COUNTY TREASURER 350.00 ZARNOTH BRUSH WORKS INC 2,466.00 ASSURANCE TITLE SERVICES INC 14.10 AT & T 840.27 BECKMAN PROPERTIES I LLC 26.51 BEST WESTERN PREMIER WATERFRONT HOTEL 704.84 BLUE FROG PROPERTY MANAGEMENT LLC 574.26 BOUND TREE MEDICAL LLC 789.74 CASEY KOELBL 27.51 CONSERVICE SYNERGY 74.57 DIRECT TECHNOLOGY GROUP 1,057.00 DR J J MARSH LTD 705.00 EHLERS 600.00 EMERGENCY CARE ADVOCACY AND SAFE TRANSPORT LLC 6,210.00 EMERGENCY LIGHTING AND ELECTRONICS LLC 1,685.69 FELIX AUTO & TIRE LLC 398.10 GALLS LLC 217.57 GRETA ELISE PEDERSEN 22.00 HENRICKSEN AND COMPANY INC 3,170.39 HENRY SCHEIN INC 1,607.97 JACOB DEDERING 10.48 JERRY FABISCH 222.60 JOHN ZARATE 38.42 JOSHUA FLEMING 18.34 KLINK EQUIPMENT 715.00 LAURIE LAATSCH 256.76 MILO MILLER 163.96 NICOLET INVESTMENTS OF OSHKOSH LLP 42.15 NIELSON COMMUNICATIONS INC 2,285.00 Aaron M./Kacie K. Quick 2,000.00 EXCEL PROPERTIES II LLC 2,000.00 GARRICK L/ LAURA E MORGAN 2,000.00 NANCY L. JUDKINS AND LUDWIG'S PLUMBING & WELL PUMP 5,815.37 OSHKOSH AREA COMMUNITY FOUNDATION 541.00 OSHKOSH CHAMBER OF COMMERCE 20.00 CITY OF OSHKOSH 2,100.00 CITY OF OSHKOSH 30.00 OSHKOSH SMILES DENTISTRY 200.00 POMP'S TIRE SERVICES INC 4,522.78 DUNCAN SOLUTIONS LLC 15,332.45 RICHMARK PATTERNS INC 70.00 RYAN BUSCHING 205.00 SCHMITT TITLE LLC 41.94 SEILER INSTRUMENT & MFG CO INC 7,225.00 STATE BAR OF WISCONSIN 200.00 STEIRO APPRAISAL SERVICE INC 2,500.00 STERICYCLE INC 162.69 HD SUPPLY FACILITIES MAINTENANCE LTD 349.30 TITAN PROPERTY MANAGEMENT LLC 281.56 TKK ELECTRONICS LLC 900.00 UNITED PARCEL SERVICE 125.68 US CELLULAR 33.75 VERIZON WIRELESS 120.11 BRITTANY ATTEBERRY 450.00 DARE IOWA INC 100.00 WI DEPT OF TRANSPORTATION 1,126.69 WISCONSIN PARK & RECREATION ASSOCIATION 75.00 WI RURAL WATER ASSOCIATION 120.00 WINNEBAGO COUNTY CLERK OF COURTS 5.00 W W ELECTRIC MOTORS INC 1,116.98 453,914.86 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 7009 04/07/2023 AIRGAS USA LLC 3,235.06 7010 04/07/2023 AMERICAN FENCE CO 10,298.00 7011 04/07/2023 ATLAS COPCO COMPRESSORS LLC 556.00 7012 04/07/2023 AURORA HEALTH CARE 210.00 7013 04/07/2023 BROOKS TRACTOR INC 1,342.16 7014 04/07/2023 CINTAS CORPORATION 511.21 7015 04/07/2023 CLASSIC STITCHES 540.00 7016 04/07/2023 COMMUNICATIONS ENGINEERING CO 343.75 7017 04/07/2023 GQRC TECHNOLOGIES LLC 392.40 7018 04/07/2023 DR HANSEN PLUMBING LLC 1,959.64 7019 04/07/2023 COMPLETE OFFICE OF WISCONSIN INC 237.00 7020 04/07/2023 ENERGY SOLUTION PARTNERS LLC 25,034.39 7021 04/07/2023 FERGUSON WATERWORKS #1476 266.70 7022 04/07/2023 FIRE APPARATUS & EQUIPMENT INC 1,719.34 7023 04/07/2023 FIRELINE SPRINKLER CORPORATION 337.00 7024 04/07/2023 GS O3 SERVICES LLC 5,745.10 7025 04/07/2023 HYDRO CORP 6,187.00 7026 04/07/2023 JEFF FOUST EXCAVATING INC 4,919.00 7027 04/07/2023 JFTCO INC 1,028.13 7028 04/07/2023 KEMIRA WATER SOLUTIONS INC 10,388.15 7029 04/07/2023 KONE INC 1,409.40 7030 04/07/2023 L AND S TRUCK CENTER OF APPLETON INC 1,248.55 7031 04/07/2023 MCNEILUS FINANCIAL INC 3,937.56 7032 04/07/2023 METROPOLITAN MILWAUKEE FAIR 9,147.00 7033 04/07/2023 M10 INC 936.80 7034 04/07/2023 NORTHERN LAKE SERVICE INC 511.06 7035 04/07/2023 OSHKOSH CONVENTION AND 8,347.11 7036 04/07/2023 PLYMOUTH LUBRICANTS 897.20 7037 04/07/2023 PRIMADATA LLC 12,794.08 7038 04/07/2023 P T S CONTRACTORS INC 474,163.42 7039 04/07/2023 RED SHOES INC 3,750.00 7040 04/07/2023 NES ECOLOGICAL SERVICES 10,021.65 7041 04/07/2023 ROGAN'S SHOES 140.25 7042 04/07/2023 SERVICEMASTER BLDG MAINTENANCE 4,705.00 7043 04/07/2023 MC AND C SALES LLC 1,000.00 7044 04/07/2023 TYLER TECHNOLOGIES INC 3,297.00 7045 04/07/2023 WI PUBLIC SERVICE CORP 18,297.77 7046 04/07/2023 WINNEBAGO COUNTY TREASURER 13,480.51 502762 04/07/2023 10-33 VEHICLE SERVICES LLC 9,908.84 502763 04/07/2023 ADAM KRAUSE 146.72 502764 04/07/2023 ADVANCE CONSTRUCTION INC 356,077.91 502765 04/07/2023 ANDREW J PRICKETT 282.35 502766 04/07/2023 ANNIS KATHLEEN 48.43 502767 04/07/2023 ASSURANCE TITLE SERVICES INC 185.00 502768 04/07/2023 AT & T 1,717.15 502769 04/07/2023 B AND P MECHANICAL INC 19,223.00 502770 04/07/2023 BEST WESTERN PREMIER WATERFRONT HOTEL 60.00 502771 04/07/2023 CARDINAL CONSTRUCTION CO INC 11,698.10 502772 04/07/2023 CARYN BEHLMAN 41.27 502773 04/07/2023 CASEY KOELBL 195.19 502774 04/07/2023 JESSICA M DOYLE 80.00 502775 04/07/2023 CHRIS HAEDT 34.06 502776 04/07/2023 CURT KLASKE 292.13 502777 04/07/2023 DINGS CO DYNAMICS GROUP 1,795.48 502778 04/07/2023 DUNCANS WINDOW AND DOOR 7,254.00 502779 04/07/2023 EMERGENCY LIGHTING AND ELECTRONICS LLC 1,311.00 502780 04/07/2023 FOURTH OF JULY PARADE COMMITTEE 5,000.00 502781 04/07/2023 GABERT MANAGEMENT SERVICES LLC 42.10 502782 04/07/2023 GALLS LLC 156.18 502783 04/07/2023 JANSSEN BRAEDEN 218.21 502784 04/07/2023 JEFFREY NAU 30.79 502785 04/07/2023 JERRY FABISCH 158.51 502786 04/07/2023 JILL VAUGHAN 21.62 502787 04/07/2023 JOHN ZARATE 33.41 502788 04/07/2023 JON MUELLER 78.60 502789 04/07/2023 KEITH NORKOFSKI 80.00 502790 04/07/2023 KENNETH L GRESSER 75.33 502791 04/07/2023 KLINK EQUIPMENT 95.54 502792 04/07/2023 KOWALSKI LAURA 35.64 502793 04/07/2023 LANGE ENTERPRISES 3,725.40 502794 04/07/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 1,000.00 502795 04/07/2023 LISA SOSINSKI 137.29 502796 04/07/2023 MAIN STREET MANAGEMENT 81.72 502797 04/07/2023 MARK LYONS 403.00 502798 04/07/2023 ASCENSION WISCONSIN 238.00 502799 04/07/2023 MUELLERS TOWING CENTER LLC 1,534.30 502800 04/07/2023 NOLTE' S SERVICE AND 24 HOUR TOWING LLC 157.50 502801 04/07/2023 David P./Sara L. Fulton 2,000.00 502802 04/07/2023 James B. Jaworski 2,000.00 502803 04/07/2023 Nicholas/Sandra Wentz 2,000.00 502804 04/07/2023 Valley Marketing Properties, LLC 2,000.00 502805 04/07/2023 PARK 'N PRINT INC 79.50 502806 04/07/2023 POMP'S TIRE SERVICES INC 661.54 502807 04/07/2023 PRECISION GRINDING AND TOOL LLC 1,820.00 502808 04/07/2023 RETTLER CORPORATION 8,145.00 502809 04/07/2023 SALZER SIDING INC 11,000.00 502810 04/07/2023 SARAH DANAHY 1,462.50 502811 04/07/2023 SEILER INSTRUMENT & MFG CO INC 34,200.86 502812 04/07/2023 STANNARD CLEANERS 2,004.50 502813 04/07/2023 STANS INDUSTRIAL MANUFACTURING LLC 525.80 502814 04/07/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 5.82 502815 04/07/2023 TODD MUEHRER 26.86 502816 04/07/2023 UNITED PARCEL SERVICE 103.33 502817 04/07/2023 WAVECREST COMPUTING INC 2,860.00 502818 04/07/2023 WESTWOOD PROFESSIONAL SERVICES INC 1,656.25 502819 04/07/2023 WISCONSIN RENTAL SOLUTIONS 12.93 502820 04/07/2023 WRS PROPERTY MANAGEMENT LLC 41.68 1,139,594.73 PROCEEDINGS OF THE COMON COUNCIL CITY OF SOHKOSH, WISCONSIN March 28, 2023 REGULAR MEETING held Tuesday, March 28, 2023 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron Wojciechowski, Lynnsey Erickson, and Mayor Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; and Lynn Lorenson, City Attorney INTRODUCTION OF STAFF: Eric Moran, Sanitation Manager, was introduced to the Council. CITIZEN STATEMENTS TO COUNCIL: NONE CONSENT AGENDA ITEMS 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 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) PROCEEDINGS OF THE COMON COUNCIL CITY OF SOHKOSH, WISCONSIN March 28, 2023 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 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 PROCEEDINGS OF THE COMON COUNCIL CITY OF SOHKOSH, WISCONSIN March 28, 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 MOTION TO ADOPT CONSENT AGENDA except item 19. Resolution 23-146: Mugerauer, second Erickson CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri ITEMS REMOVED FROM CONSENT AGENDA 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 MOTION TO APPROVE: Mugerauer, second Erickson CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri Present (1) Ford NEW ORDINANCES *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) FIRST READING – NO ACTION TAKEN *28. Ord 23-155 Remove small section of 10-minute parking on Algoma Boulevard (Traffic and Parking Advisory Board recommends approval) FIRST READING – NO ACTION TAKEN NEW RESOLUTIONS 29. Res 23-156 Approve Installation of New Sidewalk • Bauman Street, east side, from Van Buren Avenue to Tyler Avenue MOTION TO APPROVE: Erickson, second Hansen PROCEEDINGS OF THE COMON COUNCIL CITY OF SOHKOSH, WISCONSIN March 28, 2023 CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri 30. Res 23-157 Approve Second Amendment to TIF 40 Development Agreement with Miles Kimball LLC for Redevelopment of the Miles Kimball Building MOTION TO APPROVE: Wojciechowski, second Mugerauer CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, and Mayor Palmeri COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 31. Future Agenda Items: 32. Future Workshops: COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 33. Report of Council Liaison for Boards & Commissions: Mayor Palmeri congratulated the Parks Department on receiving a Forestry Grant. Council Member Ford mentioned the Lake Butte des Morts meeting on April 10, 2023 in the Council Chambers. Council Member Wojciechowski reported that the DEI Committee is working on action items. 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 ADJOURN MOTION TO ADJOURN: Mugerauer, second Hansen CARRIED: Voice Vote PROCEEDINGS OF THE COMON COUNCIL CITY OF SOHKOSH, WISCONSIN March 28, 2023 The Meeting Adjourned at 6:11PM JESSI L. BALCOM, CITY CLERK Minutes of the March 2, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 5 Minutes of the March 2, 2023 Board Meeting (Approved at the April 6, 2023 Board Meeting.) The March meeting of the Oshkosh Public Museum (OPM) Board was held Thursday, March 2, 2023, in the Lecture Room of the Museum. President Gabe Loiacono called the meeting to order at 4:03 pm. The roll was taken by Vice President Rebecca Matzke. PRESENT AT ROLL: President Gabe Loiacono, Vice President Becky Matzke, Secretary Connie Drexler, Board Members Carol Fenrich, Dana Stolley and Jean Thierman, Tiara Cavett and Vicky Redlin, Oshkosh Area School District Board President Barb Herzog ABSENT: Superintendent of Schools Bryan Davis ALSO PRESENT: Director Sarah Phillips, Assistant Director Anna Cannizzo, Marketing Coordinator Kate Stel, Administrative Assistant Theresa Books, and Daniel Evensen and Patrick Fry of Associated Trust Company There were no citizen statements to the Board and none were received. Associated Trust Company Senior Vice President Daniel Evensen and Senior Vice President and Director of Fixed Income Patrick Fry presented the review of the Durow Trust Fund. Mr. Fry emphasized that he does not use a cookie cutter approach to investing the Durow Funds. Rather, he takes into consideration State Statutes, Museum goals for the Fund and annual Museum budgeted needs. He takes into consideration 1. Safety of the Fund, including Wisconsin State Statue 66.0603, Municipality Investment Policy, and Investment Grade Securities. 2. Liquidity of the Fund, including US Treasury and agency securities, regular maturity dates, periodic interest payments. 3. Yield of the Fund, extending a maturity along a yield curve, security selection, institutional money market. Mr. Fry provided many details and allowed time for questions. When the presentation was complete, Mr. Evensen and Mr. Fry excused themselves from the meeting. Consent Agenda items included: A. Minutes of February 2, 2023, Board Meeting B. March Bill List MOTION: Approve Consent Resolution Agenda. (Herzog; second Thierman) CARRIED: Yes (8) Drexler, Fenrich, Herzog, Loiacono, Matzke, Redlin, Stolley, Thierman Next on the agenda was discussion and vote on use of the Durow Funds for Durow Registrar Emma Eisner to attend a four day workshop to learn textile care. Ms. Cannizzo reported that it has been about four years since the Durow Fund was used for employee development. Sarah and Anna are Minutes of the March 2, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 5 both interested in staff development and considered the various options available. It was determined that to have current staff increase their knowledge and skillset of textile care would be beneficial to the Museum. Ms. Eisner is submitting an application for a $650 scholarship, and there is good possibility she will get it. It is estimated that the total cost without the scholarship, including travel expenses, would be $1,580. Total with the scholarship is approximately $930. Board Member Stolley said she is always in favor of staff development. Board Member Herzog asked if there are any limitations on the Durow Fund. After further discussion a motion was made. MOTION: The Board approve up to $1,580 from the Durow Fund for this education opportunity. (Redlin; second Herzog) CARRIED: Yes (8) Drexler, Fenrich, Herzog, Loiacono, Matzke, Redlin, Stolley, Thierman [The week following this Board Meeting, Board Member Cavett donated $1,000 to offset the cost of this workshop. And it was learned that Ms. Eisner did receive the scholarship.] Next President Loiacono introduced the Development Committee discussion. All Board members had been at the workshop prior to this meeting for at least part of the meeting. President Loiacono reviewed that from that extensive discussion it was concluded that a Development Committee is not needed at this time. But it was recommended that two documents would be helpful to the Board: 1. A document reviewing opportunities Board Members have to serve the Museum. 2. A document to include information about each Board member. It would note the experiences and qualifications of Board Members, as well as note groups and organizations that person has been a part of. This document would help staff know what areas Board Members can help with based on their interests and expertise. President Loiacono noted that this doesn’t mean that a Development Committee can’t be formed in the future. Discussion continued with Board members noting that they are very interested in helping in more ways than only at Board meetings. They will be happy to receive calls and emails from Ms. Stel and other staff members to let them know what help is needed. Ms. Stel noted that she and Director Phillips are in a class to learn more about fundraising and the book that is used is called, No Duct Tape Fundraising. She highly recommends it for anyone interested. The discussion ended with the decision to have Director Phillips send out a survey to the Board to help gather the information for the document/s noted above. Gallery and Lecture Room naming and vote was next on the agenda. Director Phillips reported the two top names from the survey for the Multi-purpose Gallery were Waldwic Gallery and Jewell Gallery. Waldwic was the name of the Sawyer family property in Butte de Morts. From Archivist Amy Fels’ research “waldwic” or “waldwick” has linguistic roots in Old English or an old Saxon language. “Wald” meaning forest (the German word for forest even today) and “wick” meaning settlement or place. So it has been translated over time as “beautiful grove” like the Daily Minutes of the March 2, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 5 Northwestern says, or “village in a grove.” Jewell is the birth surname of Mary Sawyer, a supporter of philanthropic groups and women’s organizations, such as the Leisure Hour Art Club, formed in 1886 for the purpose of studying art, and was influential in organizing the Twentieth Century Club, which still exists today, and she served as its first president. Later she was elected president of the Wisconsin Federation of Women’s Clubs. Director Phillips reported that the top two recommendations for the name of the Lecture Room were Oak Room and Galena Room. She reported that “Oak” is a reference to the Council Oak as a symbol of ancestral lands of Indigenous Peoples, as well as the natural resource for the timber industry that made Oshkosh a thriving industrial community. “Galena” is the Wisconsin state mineral, and it was mined in Winnebago County. From a UW-Madison source: Galena has been produced from the Upper Mississippi Valley in Wisconsin since the seventeenth century. Some mines started by Native Americans may predate this…Hundreds of mines of all sizes are known from the district. Many were small shallow diggings. The Wisconsin state mascot, the badger, is a reference to the miners and their numerous “badger holes.” In commemoration of this phase of Wisconsin’s history, galena has been chosen as Wisconsin’s state mineral. When discussion was complete, the Board voted. For the name of the Multi-purpose Gallery, six (6) voted for Waldwic Gallery. Two (2) voted for Jewell Gallery. Therefore, the name of the Multi-purpose Gallery is now the Waldwic Gallery. For the name of the Lecture Room, three (3) voted for Oak Room. Five (5) voted for Galena Room. Therefore, the name of the Lecture Room is now the Galena Room. President Loiacono then requested Director Phillips present the Director’s report. Director Phillips began with an update on education. She reported that the Museum field trip program has continued to be a great success as the school year goes on. Over the last month, staff have facilitated 178 students and chaperones into the galleries for in-person visits. Family Discovery Days (FDD) is gaining momentum with Museum visitors. At the last FDD on February 11, 2023, over thirty families came to participate. The theme of “Winter Fun” give children and adults opportunity to create snowflakes and learn about the science of snow, including shapes, formations, and 3D models of snowflakes. There were three levels of craft difficulty that the children could choose from. The next FDD, “Blown Away” is scheduled for March 11, 2023 and will focus on activities related to wind. Thirty-nine applications have been received for the Curator of Education position. Interviews are scheduled to begin on March 3, 2023. Minutes of the March 2, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 4 of 5 Regarding exhibitions, Director Phillips reported that This is Winnebagoland is progressing on schedule with the opening date of April 1, 2023. Since last month, final label edits were completed, graphics have been delivered and installed, artifact mounts completed, and handrails sent for powder-coating are near completion. Artifact installation will begin within the next few business days. The member open house for This is Winnebagoland will be held on Friday, March 31, 2023 from 5:00- 7:00 pm. This is an OPM member-exclusive event and staff are excited to offer this special event to Museum members. Board Members please mark your calendars to attend. The last day for visitors to see Memories and Dreams is April 2, 2023. De-installation of larger exhibitions such as this requires planning and preparation. Assistant Director/Chief Curator Anna Cannizzo is working with collections and exhibitions staff to develop a de-installation work plan. Collections pieces will be carefully removed from the mounts/cases, documented, and carefully placed into storage. The nature of the work will make this a labor-intensive project for staff. Next Director Phillips reported that the 2024 Budget Prep Calendar has been distributed to Department Heads. That document has been provided to Board Members for reference. Key dates are May 12, 2023, the deadline for Capital Improvement Projects (CIP) submissions to Finance. August 11, 2023, the deadline for Operations Budget submission to Finance. November 7, 2023 the Public Hearing, and November 14, 2023 the date Council is to adopt the 2024 Operations Budget. Director Phillips then reported on the formalization of an annual Indigenous Artist Program for People of the Waters. As background, she noted that the art of Native artists has been featured in the exhibition People of the Waters since the exhibit opened in 2017. Pieces loaned to OPM by the artists are located in the “Living Cultures” area of the exhibition. The Featured Artist (FA) often loans several pieces of their art and often contributes additional resources, such as recorded interviews, hosting workshops, or facilitating public programming. Many of the previous FAs have voluntarily traveled numerous times from their homes to OPM at their own expense. OPM recognizes the need for a respectful and equitable approach to our Native Artist program. Staff have worked collaboratively with our colleagues to create a “Featured Artist” program, which establishes a more transparent approach to curating this area of the exhibit, the expectations of OPM and the FA, and will provide compensation for time and travel for the FA while acknowledging the Native tradition of reciprocal gifting. Each FA will receive a single $500 honorarium to off-set the cost of time, travel, and related expenses paid through the Kitz Director’s Fund. Additionally, the FA will receive a one-year museum membership, and any custom mount created by OPM to exhibit their artwork. In return, the FA will Minutes of the March 2, 2022 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 5 of 5 agree to loan their artwork, provide at least one hour-long virtual or in-person public program, demonstration, or workshop, and participate in a recorded interview with OPM staff to provide context for their artwork. This interview will become part of the OPM collection. That concluded the Director’s Report. President Loiacono requested the Auxiliary report. Auxiliary President Holly Eichman reported that a committee has been formed to plan this year’s Pie on the Lawn event. The event will be held Sunday, July 9, 2023. Sign-up sheets for helpers and donations will be at the March Auxiliary meeting. Ms. Eichman further noted that after checking options for the Auxiliary’s annual May banquet, it was decided by the Auxiliary Board to again have the banquet at The Roxy. It will be held May 12th, beginning at noon. Entertainment has not been decided and she asked for any suggestions. Several suggestions were given. That concluded the Auxiliary Report. With no other Agenda items, President Loiacono asked for a motion to adjourn. MOTION: Adjourn (Matzke; second Thierman) CARRIED: Voice Vote The meeting adjourned at 5:15 p.m. MINUTES OF THE LIBRARY BOARD Oshkosh Public Library February 28, 2023 The Special Meeting of the Oshkosh Public Library Board of Trustees was held on February 28, 2023, via Zoom.. This meeting was called to conduct critical business originally scheduled to be handled at the Regular Board meeting on February 23, 2023. The meeting was called to order at 4:03 PM by President, Bill Bracken. Present were: Bill Bracken, Kim Brown, Lindsey Mugerauer, Dave Romond, David Rucker, Amber Shemanski, and Samantha Teal, Adjunct Board Member. Absent were: Julie Davids, Larry Lautenschlager, Christine Melms-Simon and Baron Perlman. Others present were: Jeff Gilderson- Duwe, Oshkosh Public Library Director; and Julie Schmude, Business Manager. There were no public comments. Consent Agenda Items: • Meeting Minutes of the Regular Meeting of January 26, 2023 • Minutes of the Finance Committee meeting of February 15, 2023 • January 2023 vouchers payable totaling $171,505.93 • 2022 Annual Report to the Wisconsin Department of Public Instruction • 2023 Endowment Fund Expenditure Proposal – Round 3 Motion to approve consent agenda as presented Motion: Mugerauer; Second: Shemanski; Vote: Unanimous Adjournment Motion to Adjourn the meeting at 4:12 PM Motion: Brown; Second: Rucker; Vote: Unanimous Respectfully, Jeff Gilderson-Duwe, Secretary Julie Schmude – Recorder APRIL 11, 2023 23-159 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CIP BUDGET AMENDMENT AND CHANGE ORDER NO. 1 (FINAL) FOR PUBLIC WORKS CONTRACT NO. 22-04 ALGOMA BOULEVARD AND VINE AVENUE RECONSTRUCTION / DORNER, INC. (-$144,289.99) INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the City previously entered into an Agreement with Dorner, Inc. for Algoma Boulevard and Vine Avenue Reconstruction; 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, it is necessary to amend the 2023 Capital Improvement Program Budget to transfer funds for additional services and adjusted 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 $78,792.28 from Account No. 03210410-6801-04103 (Contract Control- Paving-21-03 Oregon Intr Fond du Lac SS) to Account No. 03210410-6806-04204 (Contract Control-Sidewalk-22-04 Algoma Blvd & Vine Ave Recons). 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: APRIL 11, 2023 23-159 RESOLUTION CONT’D DORNER, INC. E506 LUXEMBURG ROAD LUXEMBURG, WI 54217 Net Decrease to Contract: $144,289.99 PURPOSE: See attached Change Order. Money for this purpose is hereby appropriated from: Acct. Nos. 03210410-6801-04204 Contract Control-Paving-22-04 Algoma Blvd & Vine Ave Recons 03210410-6802-04204 Contract Control-Sanitary Sewer-22-04 Algoma Blvd & Vine Ave Recons 03210410-6803-04204 Contract Control-Water Main-22-04 Algoma Blvd & Vine Ave Recons 03210410-6804-04204 Contract Control-Storm Sewer-22-04 Algoma Blvd & Vine Ave Recons 03210410-6809-04204 Contract Control-Traffic-22-04 Algoma Blvd & Vine Ave Recons I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-04 Memo for CO #1 (Final) & Amend CIP_4-5- 23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: April 5, 2023 RE: Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract No. 22-04 Algoma Boulevard and Vine Avenue Reconstruction / Dorner, Inc. (-$144,289.99) BACKGROUND Change Order No. 1 (Final) for Contract 22-04 is scheduled for consideration by the Common Council at the April 11, 2023 meeting. The Contract was originally awarded to Dorner, Inc. in January 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): • Street – Final quantities were adjusted to match field conditions. • Storm Sewer – Final quantities were adjusted to match field conditions. • Sanitary Sewer – Final quantities were adjusted to match field conditions. • Water Main – Final quantities were adjusted to match field conditions as additional water main fittings were incorporated to help eliminate the need for extra outages for residents and University of Wisconsin-Oshkosh (UW Oshkosh) facilities. • Sidewalk – Sections of paved terrace were added through the UW Oshkosh campus property as part of the Contract at the request of UW Oshkosh. Additionally, final quantities were adjusted to match field conditions. • Traffic – The number of street lights and pull boxes installed were reduced from the original plan to avoid conflicts with underground UW Oshkosh facilities. Additionally, final quantities were adjusted to match field conditions. I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-04 Memo for CO #1 (Final) & Amend CIP_4-5- 23.docx Page 2 of 2 FISCAL IMPACT Contract Section Change Order Amount Estimated Total Construction Costs CIP Budget/ Transferred Amount Street -$53,732.21 $3,196,375.23 $3,597,500 Storm Sewer -$126,219.38 $1,821,206.21 $2,019,000 Sanitary Sewer -$1,401.57 $1,355,376.79 $2,463,700 Water Main $9,515.59 $1,914,974.00 $2,235,500 Sidewalk $75,963.90 $554,856.29 $478,300 Traffic -$48,416.32 $1,015,122.01 $1,050,000 Admin $0.00 $1,428.60 $6,000 Total -$144,289.99 $9,859,339.13 $11,850,000 Funding for the Street, Storm Sewer, Sanitary Sewer, Water Main, and Traffic portions of this Change Order is in the 2022 CIP (Account No. 03210410-6801-04204/Contract Control-Paving-22-04 Algoma Blvd & Vine Ave Recons, 03210410-6802-04204/Contract Control-Sanitary Sewer-22-04 Algoma Blvd & Vine Ave Recons, 03210410-6803- 04204/Contract Control-Water Main-22-04 Algoma Blvd & Vine Ave Recons, 03210410- 6804-04204/Contract Control-Storm Sewer-22-04 Algoma Blvd & Vine Ave Recons, and 03210410-6809-04204/Contract Control-Traffic-22-04 Algoma Blvd & Vine Ave Recons). Funding for the Sidewalk portion of this Change Order is available from CIP projects which have come in under budget: • $78,792.28 will be transferred from Account No. 03210410-6801-04103 (Contract Control-Paving-21-03 Oregon Intr Fond du Lac SS) to Account No. 03210410-6806- 04204 (Contract Control-Sidewalk-22-04 Algoma Blvd & Vine Ave Recons). RECOMMENDATIONS I recommend approval of Change Order No. 1 (Final) to Contact No. 22-04 in the amount of -$144,289.99 to Dorner, Inc. and the transfer of CIP funds. Approved: Mark A. Rohloff City Manager JLG/tlt TO: DORNER INC. E506 LUXEMBURG ROAD LUXEMBURG, WI 54217 Your present contract with the City of Oshkosh, Contract No. 22-04, awarded January 11, 2022, is hereby amended and changed as follows: NET DECREASE TO SECTION I: ($176,430.81) NET INCREASE TO ADDITIONAL WORK:$32,140.82 NET DECREASE TO CONTRACT ($144,289.99) SECTION I TOTALS $8,685,603.96 $8,685,603.96 ($144,289.99)($144,289.99) $8,541,313.97 $8,541,313.97 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 BID TOTAL CO #1 CONTRACT TOTAL CHANGE ORDER #1 (FINAL) DATE: MARCH 20, 2023 ______________________________ Comptroller ______________________________ Contractor ______________________________ Approved and accepted: ______________________________ City Manager City Clerk ______________________________ CONTRACT 22-04 CHANGE ORDER #1 (FINAL) 22-04 ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1011 Clearing; complete as specified Inch Diameter 620.00 605.00 -15.00 $21.10 ($316.50) 1021 Grubbing; complete as specified Inch Diameter 620.00 605.00 -15.00 $21.10 ($316.50) 1050 Mobilization; complete as specified Lump Sum 1.00 1.00 $442,043.00 1100 Removing pavement; complete as specified Square Yards 23,500.00 22,900.00 -600.00 $0.01 ($6.00) 1110 Removing curb and gutter; complete as specified Linear Feet 720.00 799.21 79.21 $5.00 $396.05 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 124,000.00 123,242.80 -757.20 $0.40 ($302.88) 1200 Unclassified excavation; complete as specified Cubic Yards 5,300.00 7,479.00 2179.00 $21.60 $47,066.40 1220 Excavation special (paving); complete as specified Tons 1,280.00 0.00 -1,280.00 $5.30 ($6,784.00) 1301 7" concrete pavement; with 5" CABC and grading; complete as specified Square Yards 780.00 756.30 -23.70 $53.00 ($1,256.10) 1313 8" concrete pavement HES; with 6" CABC and grading; complete as specified Square Yards 2,200.00 1,751.20 -448.80 $57.00 ($25,581.60) 1314A 8" concrete pavement doweled; with 6" CABC and grading; complete as specified Square Yards 18,200.00 17,894.10 -305.90 $57.00 ($17,436.30) 1315 8" concrete pavement doweled; HES; with 6" CABC and grading; complete as specified Square Yards 1,400.00 1,698.00 298.00 $60.10 $17,909.80 1319 8" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 160.00 155.20 -4.80 $85.50 ($410.40) 1334 Concrete pavement gaps; complete as specified Each 5.00 6.00 1.00 $1,320.00 $1,320.00 1340 Crushed aggregate base course; complete as specified Tons 1,600.00 927.10 -672.90 $13.50 ($9,084.15) 1350 Pavement ties; complete as specified Each 160.00 138.00 -22.00 $8.40 ($184.80) 1354 Drilled dowel bars; 1 1/4"; complete as specified Each 220.00 104.00 -116.00 $14.80 ($1,716.80) 1360 Adjust manholes and inlets; complete as specified Each 145.00 141.00 -4.00 $317.00 ($1,268.00) 1370 Turf restoration; complete as specified Square Yards 16,000.00 14,556.70 -1,443.30 $8.30 ($11,979.39) Page 2 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1372 Restore gravel driveway/apron; complete as specified Square Yards 50.00 75.00 25.00 $15.80 $395.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 5,332.00 282.20 -5,049.80 $0.01 ($50.50) 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 5,332.00 0.00 -5,332.00 $0.01 ($53.32) 1384 Cold weather covering (concrete pavement) - double visquine with 6" hay; complete as specified Square Yards 5,332.00 0.00 -5,332.00 $0.01 ($53.32) 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 1,070.00 62.70 -1,007.30 $7.39 ($7,443.95) 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 730.00 617.00 -113.00 $11.60 ($1,310.80) 1442 30" curb and gutter; 8"; with 6" CABC and grading; complete as specified Linear Feet 450.00 471.40 21.40 $37.00 $791.80 1443 30" curb and gutter; plain; 8"; with 6" CABC and grading; complete as specified Linear Feet 400.00 658.91 258.91 $37.00 $9,579.67 1460 Sidewalk curb; complete as specified Linear Feet 550.00 694.80 144.80 $47.50 $6,878.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 20,800.00 21,557.30 757.30 $7.50 $5,679.75 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 91,000.00 95,179.00 4179.00 $7.90 $33,014.10 1514 6" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 3,900.00 3,502.40 -397.60 $8.30 ($3,300.08) 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 1,050.00 2,048.80 998.80 $8.80 $8,789.44 1524 8" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 1,700.00 1,559.90 -140.10 $9.10 ($1,274.91) 1530 6" concrete step; complete as specified Square Feet 190.00 196.40 6.40 $73.90 $472.96 1540 Curb ramp detectable warning field (natural/non- painted); complete as specified Square Feet 850.00 808.00 -42.00 $35.90 ($1,507.80) Page 3 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 3,450.00 3,050.00 -400.00 $2.10 ($840.00) 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy-coated; complete as specified Each 515.00 554.00 39.00 $8.40 $327.60 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 56,000.00 535.00 -55,465.00 $0.01 ($554.65) 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 56,000.00 535.00 -55,465.00 $0.01 ($554.65) 1584 Cold weather covering (sidewalk) - double visquine with 6" hay; complete as specified Square Feet 56,000.00 0.00 -56,000.00 $0.01 ($560.00) 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 355.00 688.60 333.60 $10.60 $3,536.16 1600 Furnish and install tree; complete as specified Each 32.00 15.00 -17.00 $554.00 ($9,418.00) 1650 Locate existing property monuments; complete as specified Each 50.00 40.00 -10.00 $37.00 ($370.00) 1652 Replace existing property monuments; complete as specified Each 40.00 26.00 -14.00 $48.00 ($672.00) 1700 Sawing existing pavement; complete as specified Linear Feet 2,550.00 2,583.10 33.10 $2.40 $79.44 1710 Sawing concrete pavement full depth; complete as specified Linear Feet 750.00 770.80 20.80 $2.40 $49.92 1900 Tack coat; complete as specified Gallons 130.00 110.00 -20.00 $3.80 ($76.00) 1906 4" asphaltic pavement LT with 10" CABC and grading; complete as specified Square Yards 1,650.00 1,917.70 267.70 $40.80 $10,922.16 1911 4" asphaltic transition LT with 10" CABC and grading; complete as specified Square Yards 130.00 184.80 54.80 $66.80 $3,660.64 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 250.00 385.99 135.99 $59.90 $8,145.80 1917 2" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 200.00 0.00 -200.00 $26.10 ($5,220.00) 1918 Asphaltic cold weather paving; complete as specified Square Yards 1,010.00 246.40 -763.60 $2.10 ($1,603.56) 1974 Pavement markings; epoxy; 4" (white); complete as specified Linear Feet 7,300.00 7,104.40 -195.60 $0.60 ($117.36) 1975 Pavement markings; epoxy; 4" (yellow); complete as specified Linear Feet 230.00 181.80 -48.20 $1.00 ($48.20) Page 4 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1976 Pavement markings; epoxy; 8" (white); complete as specified Linear Feet 230.00 176.70 -53.30 $1.00 ($53.30) 1977 Pavement markings; cross- walk epoxy; 6" (white); complete as specified Linear Feet 1,950.00 1,957.80 7.80 $9.00 $70.20 1978 Pavement markings; stop-line epoxy; 18" (white); complete as specified Linear Feet 1,000.00 836.80 -163.20 $13.50 ($2,203.20) 1979 Pavement markings; arrow epoxy; Type 1 (white); complete as specified Each 1.00 1.00 $222.00 1981 Pavement markings; arrow epoxy; Type 3 (white); complete as specified Each 2.00 2.00 $396.00 1983 Pavement markings; word; epoxy (white); complete as specified Each 1.00 1.00 $338.00 1984 Pavement markings; symbol; epoxy (white); complete as specified Each 23.00 23.00 $238.00 1985 Temporary pavement markings; paint; 4" (white); complete as specified Linear Feet 4,700.00 0.00 -4,700.00 $0.60 ($2,820.00) 1986 Remove pavement markings; complete as specified Linear Feet 320.00 116.50 -203.50 $3.20 ($651.20) 1989 Pavement markings; yield line symbols; epoxy; 18" (white); complete as specified Each 15.00 13.00 -2.00 $29.00 ($58.00) 1990 Pavement markings; stall line; epoxy; 4" (white); complete as specified Each 55.00 52.00 -3.00 $7.00 ($21.00) 2002 Furnish and install 10" storm sewer; complete as specified Linear Feet 200.00 157.00 -43.00 $96.00 ($4,128.00) 2003 Furnish and install 12" storm sewer; complete as specified Linear Feet 1,100.00 1,063.50 -36.50 $85.00 ($3,102.50) 2006 Furnish and install 15" storm sewer; complete as specified Linear Feet 1,425.00 1,180.30 -244.70 $85.00 ($20,799.50) 2009 Furnish and install 18" storm sewer; complete as specified Linear Feet 1,700.00 1,639.80 -60.20 $100.00 ($6,020.00) 2012 Furnish and install 21" storm sewer; complete as specified Linear Feet 115.00 111.10 -3.90 $110.00 ($429.00) 2015 Furnish and install 24" storm sewer; complete as specified Linear Feet 1,150.00 1,101.40 -48.60 $115.00 ($5,589.00) 2021 Furnish and install 30" storm sewer; complete as specified Linear Feet 260.00 237.00 -23.00 $150.00 ($3,450.00) 2024 Furnish and install 36" storm sewer; complete as specified Linear Feet 375.00 365.80 -9.20 $160.00 ($1,472.00) Page 5 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 2027 Furnish and install 42" storm sewer; complete as specified Linear Feet 390.00 387.00 -3.00 $200.00 ($600.00) 2030 Furnish and install 48" storm sewer; complete as specified Linear Feet 445.00 437.10 -7.90 $225.00 ($1,777.50) 2033 Furnish and install 54" storm sewer; complete as specified Linear Feet 155.00 137.90 -17.10 $275.00 ($4,702.50) 2036 Furnish and install 60" storm sewer; complete as specified Linear Feet 590.00 578.90 -11.10 $260.00 ($2,886.00) 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 133.50 125.80 -7.70 $489.00 ($3,765.30) 2202 Furnish and install standard storm sewer manhole (5' diameter); complete as specified Vertical Feet 50.50 50.43 -0.07 $598.00 ($41.86) 2203 Furnish and install standard storm sewer manhole (6' diameter); complete as specified Vertical Feet 46.25 47.24 0.99 $722.00 $714.78 2205 Furnish and install standard storm sewer manhole (8' diameter); complete as specified Vertical Feet 25.75 34.41 8.66 $1,146.00 $9,924.37 2217 Furnish and install standard storm sewer inlet manhole (8' diameter); complete as specified Vertical Feet 51.00 43.27 -7.73 $1,168.00 ($9,028.64) 2235 Furnish and install Type 1 inlet (with 18" sump); complete as specified Each 1.00 0.00 -1.00 $2,026.00 ($2,026.00) 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 55.00 51.00 -4.00 $2,150.00 ($8,600.00) 2400 Furnish and install 6" storm sewer lateral; complete as specified Linear Feet 1,200.00 1,064.00 -136.00 $67.00 ($9,112.00) 2402 Furnish and install 8" storm sewer lateral; complete as specified Linear Feet 600.00 405.50 -194.50 $76.00 ($14,782.00) 2404 Furnish and install storm sewer marker balls; complete as specified Each 120.00 87.00 -33.00 $37.00 ($1,221.00) 2406 Furnish and install storm sewer clay dams; complete as specified Each 60.00 33.00 -27.00 $147.00 ($3,969.00) 2408 Furnish and install storm sewer lateral inlet; complete as specified Each 25.00 18.00 -7.00 $987.00 ($6,909.00) 2414 Storm lateral inlet adjustments; complete as specified Each 25.00 22.00 -3.00 $122.00 ($366.00) Page 6 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 130.00 79.00 -51.00 $74.00 ($3,774.00) 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 130.00 1.00 -129.00 $5.00 ($645.00) 2512 Furnish; install; maintain; and remove stone tracking pad; complete as specified Each 2.00 0.00 -2.00 $1,000.00 ($2,000.00) 2514 Furnish; install; maintain; and remove silt fence; complete as specified Linear Feet 150.00 100.00 -50.00 $3.20 ($160.00) 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 150.00 0.00 -150.00 $10.60 ($1,590.00) 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 50.00 20.00 -30.00 $10.60 ($318.00) 2524 Furnish; install; maintain; and remove dewatering tank system; complete as specified Each 4.00 0.00 -4.00 $2,500.00 ($10,000.00) 2600 Furnish and install topsoil 6" depth; complete as specified Square Yards 2,800.00 2,919.90 119.90 $6.30 $755.37 2620 Furnish and install turf grass; complete as specified Square Yards 1,600.00 1,651.70 51.70 $0.50 $25.85 2622 Furnish and install no-mow fescue; complete as specified Square Yards 1,200.00 1,268.10 68.10 $0.60 $40.86 2646 Furnish and install light rip- rap with filter fabric; complete as specified Square Yards 20.00 55.00 35.00 $37.00 $1,295.00 2660 Biofilter restoration; complete as specified Square Yards 200.00 367.50 167.50 $89.70 $15,024.75 2662 Restore Traprock Path; complete as specified Square Yards 30.00 23.60 -6.40 $50.00 ($320.00) 2664 Vacated Blackhawk Street landscape restoration; complete as specified Lump Sum 1.00 1.00 $38,535.00 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 850.00 850.00 $5.50 2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 450.00 450.00 $16.90 2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 850.00 829.50 -20.50 $28.00 ($574.00) 2810 Abandon storm sewer manholes and inlets; complete as specified Each 25.00 25.00 $353.00 2812 Remove storm sewer manholes and inlets; complete as specified Each 15.00 15.00 $449.00 Page 7 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 2850 Connect to existing storm sewer main; complete as specified Each 25.00 25.00 $1,230.00 2852 Connect to existing storm sewer lateral; complete as specified Each 15.00 19.00 4.00 $274.00 $1,096.00 2856 Connect to existing storm sewer manhole; complete as specified Each 10.00 10.00 $1,123.00 2858 Connect to existing storm sewer inlet; complete as specified Each 3.00 1.00 -2.00 $756.00 ($1,512.00) 2914 Storm sewer utility line opening (ULO); complete as specified Each 20.00 1.00 -19.00 $489.00 ($9,291.00) 2950 Excavation special (storm); complete as specified Tons 100.00 0.00 -100.00 $22.00 ($2,200.00) 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 2,195.00 2,450.90 255.90 $155.00 $39,664.50 3002 Furnish and install 10" sanitary sewer (relay); complete as specified Linear Feet 50.00 96.90 46.90 $155.00 $7,269.50 3004 Furnish and install 12" sanitary sewer (relay); complete as specified Linear Feet 2,290.00 1,977.10 -312.90 $175.00 ($54,757.50) 3006 Furnish and install 15" sanitary sewer (relay); complete as specified Linear Feet 6.00 322.90 316.90 $181.00 $57,358.90 3060 Furnish and install 8" sanitary sewer drop; complete as specified Vertical Feet 15.00 17.73 2.73 $542.00 $1,479.66 3062 Furnish and install 10" sanitary sewer drop; complete as specified Vertical Feet 12.00 14.53 2.53 $601.00 $1,520.53 3064 Furnish and install 12" sanitary sewer drop; complete as specified Vertical Feet 6.00 4.66 -1.34 $672.00 ($900.48) 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 242.00 243.26 1.26 $312.00 $393.12 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 19.00 29.00 10.00 $475.00 $4,750.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 3.00 0.00 -3.00 $422.00 ($1,266.00) 3210 Furnish and install 8" x 6" sanitary sewer factory wyes or tees; complete as specified Each 32.00 26.00 -6.00 $193.00 ($1,158.00) 3214 Furnish and install 12" x 6" sanitary sewer factory wyes or tees; complete as specified Each 15.00 7.00 -8.00 $428.00 ($3,424.00) Page 8 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 3232 Furnish and install 6" sanitary sewer laterals (new); complete as specified Linear Feet 115.00 76.90 -38.10 $110.00 ($4,191.00) 3233 Furnish and install 6" sanitary sewer riser (new); complete as specified Linear Feet 11.00 8.50 -2.50 $138.00 ($345.00) 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 1,725.00 1,092.00 -633.00 $110.00 ($69,630.00) 3235 Furnish and install 4"/6" sanitary sewer riser (relay); complete as specified Linear Feet 79.00 103.60 24.60 $140.00 $3,444.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 99.00 83.00 -16.00 $37.00 ($592.00) 3238 Furnish and install clay dams; complete as specified Each 51.00 35.00 -16.00 $147.00 ($2,352.00) 3300 Furnish and install connection to existing 8" sanitary sewer mains; complete as specified Each 6.00 7.00 1.00 $1,409.00 $1,409.00 3302 Furnish and install connection to existing 10" sanitary sewer mains; complete as specified Each 2.00 2.00 $1,051.00 3304 Furnish and install connection to existing 12" sanitary sewer mains; complete as specified Each 2.00 1.00 -1.00 $1,567.00 ($1,567.00) 3306 Furnish and install connection to existing 15" sanitary sewer mains; complete as specified Each 1.00 1.00 $1,350.00 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 3.00 0.00 -3.00 $367.00 ($1,101.00) 3402 Furnish and install 8" sanitary sewer open cut casing pipes; complete as specified Linear Feet 30.00 30.00 $179.00 3600 Rock excavation; complete as specified Cubic Yards 30.00 3.00 -27.00 $100.00 ($2,700.00) 3700 Closed circuit televising; complete as specified Linear Feet 4,546.00 4,576.00 30.00 $1.10 $33.00 3710 Closed circuit televising - using push camera; complete as specified Each 2.00 34.00 32.00 $238.00 $7,616.00 3800 Abandon sanitary sewer manholes; complete as specified Each 2.00 3.00 1.00 $488.00 $488.00 3804 Abandon 10" sanitary sewer; complete as specified Linear Feet 340.00 340.00 $6.00 3806 Abandon 12" sanitary sewer; complete as specified Linear Feet 867.00 1,174.00 307.00 $8.00 $2,456.00 3852 Remove sanitary sewer manholes; complete as specified Each 6.00 6.00 $518.00 Page 9 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 3854 Remove sanitary sewer; complete as specified Linear Feet 727.10 727.10 $31.00 3890 Sanitary sewer utility line opening (ULO); complete as specified Each 8.00 8.00 $734.00 3892 Excavation special (sanitary); complete as specified Tons 150.00 0.00 -150.00 $22.00 ($3,300.00) 4000 Furnish and install 4" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 230.00 209.00 -21.00 $110.00 ($2,310.00) 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 370.00 416.30 46.30 $100.00 $4,630.00 4004 Furnish and install 8" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 900.00 905.10 5.10 $124.00 $632.40 4006 Furnish and install 10" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 580.00 564.00 -16.00 $130.00 ($2,080.00) 4008 Furnish and install 12" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 5,150.00 5,130.00 -20.00 $160.00 ($3,200.00) 4036 Furnish and install 1" water service (relay); complete as specified Linear Feet 637.00 610.00 -27.00 $91.00 ($2,457.00) 4041 Furnish and install 3" water service (relay); complete as specified Linear Feet 15.00 0.00 -15.00 $152.00 ($2,280.00) 4042 Furnish and install 1" water service (new); complete as specified Linear Feet 32.00 22.00 -10.00 $91.00 ($910.00) 4048 Furnish and install 1" corporation and stop box; complete as specified Each 21.00 24.00 3.00 $463.00 $1,389.00 4055 Furnish and install water service clay dams; complete as specified Each 21.00 23.00 2.00 $147.00 $294.00 4056 Furnish and install connections to existing 4" water main; complete as specified Each 5.00 3.00 -2.00 $1,488.00 ($2,976.00) 4057 Furnish and install connections to existing 3" water main; complete as specified Each 2.00 2.00 $1,229.00 4058 Furnish and install connections to existing 6" water main; complete as specified Each 5.00 6.00 1.00 $1,688.00 $1,688.00 Page 10 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 4060 Furnish and install connections to existing 8" water main; complete as specified Each 6.00 6.00 $2,041.00 4062 Furnish and install connections to existing 10" water main; complete as specified Each 5.00 5.00 $2,327.00 4064 Furnish and install connections to existing 12" water main; complete as specified Each 5.00 4.00 -1.00 $2,774.00 ($2,774.00) 4110 Furnish and install 8" x 6" water main tee; complete as specified Each 1.00 2.00 1.00 $610.00 $610.00 4111 Furnish and install 8" x 8" water main tee; complete as specified Each 1.00 1.00 $710.00 4121 Furnish and install 10" x 10" water main tee; complete as specified Each 1.00 2.00 1.00 $1,001.00 $1,001.00 4127 Furnish and install 12" x 4" water main tee; complete as specified Each 6.00 6.00 $1,003.00 4128 Furnish and install 12" x 6" water main tee; complete as specified Each 18.00 19.00 1.00 $1,065.00 $1,065.00 4129 Furnish and install 12" x 8" water main tee; complete as specified Each 5.00 5.00 $1,148.00 4131 Furnish and install 12" x 12" water main tee; complete as specified Each 2.00 1.00 -1.00 $1,434.00 ($1,434.00) 4190 Furnish and install 8" x 10" water main cross; complete as specified Each 1.00 1.00 $1,246.00 4197 Furnish and install 10" x 12" water main cross; complete as specified Each 1.00 1.00 $1,662.00 4219 Furnish and install 8" 11-1/4 degree water main bend; complete as specified Each 1.00 0.00 -1.00 $419.00 ($419.00) 4221 Furnish and install 12" 11-1/4 degree water main bend; complete as specified Each 1.00 1.00 $833.00 4228 Furnish and install 8" 22-1/2 degree water main bend; complete as specified Each 2.00 3.00 1.00 $440.00 $440.00 4230 Furnish and install 12" 22-1/2 degree water main bend; complete as specified Each 1.00 0.00 -1.00 $833.00 ($833.00) 4235 Furnish and install 4" 45 degree water main bend; complete as specified Each 6.00 10.00 4.00 $238.00 $952.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 40.00 37.00 -3.00 $316.00 ($948.00) Page 11 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 4237 Furnish and install 8" 45 degree water main bend; complete as specified Each 16.00 19.00 3.00 $440.00 $1,320.00 4238 Furnish and install 10" 45 degree water main bend; complete as specified Each 22.00 19.00 -3.00 $620.00 ($1,860.00) 4239 Furnish and install 12" 45 degree water main bend; complete as specified Each 30.00 26.00 -4.00 $904.00 ($3,616.00) 4264 Furnish and install 8" x 6" water main reducer; complete as specified Each 2.00 2.00 $384.00 4267 Furnish and install 10" x 8" water main reducer; complete as specified Each 1.00 1.00 $482.00 4270 Furnish and install 12" x 8" water main reducer; complete as specified Each 1.00 1.00 $656.00 4352 Cut and cap existing 6" water main; complete as specified Each 1.00 6.00 5.00 $744.00 $3,720.00 4354 Cut and cap existing 8" water main; complete as specified Each 1.00 1.00 $802.00 4356 Cut and cap existing 10" water main; complete as specified Each 1.00 2.00 1.00 $1,009.00 $1,009.00 4358 Cut and cap existing 12" water main; complete as specified Each 1.00 0.00 -1.00 $1,091.00 ($1,091.00) 4370 Furnish and install 4" x 3" water main reducer; complete as specified Each 2.00 2.00 $232.00 4400 Furnish and install 4" water main gate valve; complete as specified Each 6.00 6.00 $1,420.00 4401 Furnish and install 6" water main gate valve; complete as specified Each 20.00 21.00 1.00 $1,679.00 $1,679.00 4402 Furnish and install 8" water main gate valve; complete as specified Each 9.00 14.00 5.00 $2,340.00 $11,700.00 4403 Furnish and install 10" water main gate valve; complete as specified Each 8.00 10.00 2.00 $3,289.00 $6,578.00 4404 Furnish and install 12" water main gate valve; complete as specified Each 39.00 40.00 1.00 $4,110.00 $4,110.00 4439 Furnish and install 10" x 10" tapping valve and sleeve; complete as specified Each 1.00 0.00 -1.00 $6,689.00 ($6,689.00) 4500 Furnish and install hydrant; complete as specified Each 16.00 15.00 -1.00 $5,051.00 ($5,051.00) 4726 Furnish and install 18" water main casing pipe; complete as specified Linear Feet 15.00 15.00 $307.00 4728 Furnish and install 20" water main casing pipe; complete as specified Linear Feet 45.00 45.00 $360.00 Page 12 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 4730 Furnish and install 24" water main casing pipe; complete as specified Linear Feet 25.00 26.00 1.00 $478.00 $478.00 4800 Rock excavation; complete as specified Cubic Yards 70.00 0.00 -70.00 $100.00 ($7,000.00) 4900 Abandon water main on Congress Avenue; complete as specified Lump Sum 1.00 1.00 $1,957.00 4902 Abandon water main on Algoma Boulevard; complete as specified Lump Sum 1.00 1.00 $8,318.00 4904 Abandon water main on vacated Blackhawk Street right-of-way; complete as specified Lump Sum 1.00 0.00 -1.00 $1,468.00 ($1,468.00) 4920 Remove water main; complete as specified Linear Feet 240.00 240.00 $26.00 4950 Water main utility line opening (ULO); complete as specified Each 1.00 3.00 2.00 $612.00 $1,224.00 4990 Excavation special (water); complete as specified Tons 70.00 0.00 -70.00 $22.00 ($1,540.00) 5013 Furnish and install pull box (non-conductive); 18" x 36"; complete as specified Each 71.00 60.00 -11.00 $1,584.00 ($17,424.00) 5019 Furnish and install pull box - non-conductive; 24" x 42"; complete as specified Each 18.00 18.00 $1,584.00 5025 Adjust pull box; complete as specified Each 81.00 78.00 -3.00 $5.00 ($15.00) 5026 Remove pull box; complete as specified Each 1.00 6.00 5.00 $79.00 $395.00 5027 Remove concrete base; complete as specified Each 10.00 21.00 11.00 $158.00 $1,738.00 5032 Furnish and install communication vault; 30" x 48"; complete as specified Each 6.00 5.00 -1.00 $1,848.00 ($1,848.00) 5051 Install CITY-supplied lighting control cabinet; complete as specified Each 4.00 3.00 -1.00 $2,112.00 ($2,112.00) 5053 Install CITY-supplied fully- actuated 8-phase traffic signal control cabinet; complete as specified Each 2.00 2.00 $2,112.00 5054 Install electrical service; complete as specified Each 3.00 3.00 $1,584.00 5056 Remove and preserve light pole; complete as specified Each 12.00 11.00 -1.00 $792.00 ($792.00) 5100 Furnish and install 1" Schedule 40 PVC; complete as specified Linear Feet 270.00 209.00 -61.00 $6.30 ($384.30) 5120 Furnish and install 2" Schedule 40 PVC; complete as specified Linear Feet 6,175.00 7,141.00 966.00 $9.50 $9,177.00 Page 13 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 5130 Furnish and install 3" Schedule 40 PVC; complete as specified Linear Feet 8,125.00 7,570.00 -555.00 $12.70 ($7,048.50) 5180 Connect to existing pull box; complete as specified Each 8.00 3.00 -5.00 $132.00 ($660.00) 5181 Connect to existing conduit; complete as specified Each 30.00 38.00 8.00 $132.00 $1,056.00 5182 Connect to existing vault; complete as specified Each 4.00 4.00 $132.00 5230 Furnish and install 4 gauge red-coated wire; complete as specified Linear Feet 15,015.00 13,888.00 -1,127.00 $2.10 ($2,366.70) 5231 Furnish and install 4 gauge black-coated wire; complete as specified Linear Feet 15,015.00 13,888.00 -1,127.00 $2.10 ($2,366.70) 5240 Furnish and install 6 gauge red-coated wire; complete as specified Linear Feet 1,800.00 1,473.26 -326.74 $1.50 ($490.11) 5241 Furnish and install 6 gauge black-coated wire; complete as specified Linear Feet 1,800.00 1,473.26 -326.74 $1.50 ($490.11) 5250 Furnish and install 8 gauge red-coated wire; complete as specified Linear Feet 1,150.00 818.20 -331.80 $1.20 ($398.16) 5251 Furnish and install 8 gauge black-coated wire; complete as specified Linear Feet 1,150.00 818.20 -331.80 $1.20 ($398.16) 5252 Furnish and install 8 gauge green-coated wire; complete as specified Linear Feet 10,900.00 9,915.46 -984.54 $1.20 ($1,181.45) 5262 Furnish and install 10 gauge green-coated wire; complete as specified Linear Feet 1,300.00 1,896.00 596.00 $1.00 $596.00 5270 Furnish and install 12 gauge red-coated wire; complete as specified Linear Feet 1,220.00 920.00 -300.00 $0.80 ($240.00) 5271 Furnish and install 12 gauge black-coated wire; complete as specified Linear Feet 1,220.00 920.00 -300.00 $0.80 ($240.00) 5272 Furnish and install 12 gauge green-coated wire; complete as specified Linear Feet 1,220.00 920.00 -300.00 $0.80 ($240.00) 5282 Furnish and install 14 gauge green-coated wire; complete as specified Linear Feet 5,948.00 6,176.00 228.00 $0.80 $182.40 5310 Pulling/installing CITY- supplied 12-strand fiber; complete as specified Linear Feet 5,250.00 6,996.00 1746.00 $1.80 $3,142.80 5356 Furnish and install 14 gauge stranded single pair twisted with shield; complete as specified Linear Feet 2,420.00 1,942.00 -478.00 $1.50 ($717.00) 5372 Furnish and install 14 AWG solid 21 conductor; complete as specified Linear Feet 2,475.00 2,442.00 -33.00 $1.10 ($36.30) 5380 Furnish and install fuse holder; complete as specified Each 122.00 92.00 -30.00 $53.00 ($1,590.00) Page 14 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 5392 Furnish and install 5A fuse; complete as specified Each 122.00 92.00 -30.00 $5.30 ($159.00) 5410 Install CITY-supplied decorative pole and pole top light structure; complete as specified Each 73.00 46.00 -27.00 $792.00 ($21,384.00) 5420 Install CITY-supplied 10' traffic signal pole with a pedestal base, complete as specified Each 3.00 4.00 1.00 $264.00 $264.00 5421 Install CITY-supplied 13' traffic signal pole with a decorative base; complete as specified Each 5.00 3.00 -2.00 $264.00 ($528.00) 5422 Install CITY-supplied 15' traffic signal pole with a pedestal base; complete as specified Each 8.00 7.00 -1.00 $264.00 ($264.00) 5424 Install CITY-supplied 20' traffic signal pole with a pedestal base; complete as specified Each 11.00 8.00 -3.00 $581.00 ($1,743.00) 5430 Install CITY-supplied 20' trombone arm; complete as specified Each 8.00 2.00 -6.00 $792.00 ($4,752.00) 5431 Install CITY-supplied 25' trombone arm; complete as specified Each 3.00 7.00 4.00 $792.00 $3,168.00 5434 Install CITY-supplied three- section traffic signal head; back plate; and LED modules; complete as specified Each 11.00 8.00 -3.00 $581.00 ($1,743.00) 5436 Install CITY-supplied five- section traffic signal head; back plate; and LED modules; complete as specified Each 5.00 2.00 -3.00 $686.00 ($2,058.00) 5438 Install CITY-supplied pedestrian signal head with countdown timer; complete as specified Each 13.00 9.00 -4.00 $370.00 ($1,480.00) 5440 Install CITY-supplied pedestrian push button; complete as specified Each 13.00 0.00 -13.00 $211.00 ($2,743.00) 5502 Furnish and install Type 2 base; complete as specified Each 26.00 25.00 -1.00 $977.00 ($977.00) 5504 Furnish and install Type 5 base; complete as specified Each 71.00 55.00 -16.00 $924.00 ($14,784.00) 5506 Furnish and install Type 9 base; complete as specified Each 5.00 5.00 $2,112.00 SECTION I (BID ITEMS 1011 - 5506) - SUBTOTAL: $380,082.68 ($556,513.49) NET DECREASE TO SECTION I: ($176,430.81) Page 15 of 16 CONTRACT 22-04 CHANGE ORDER #1 (FINAL) ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE ITEM NUMBER DESCRIPTION UNIT CONTRACT QUANTITY INSTALLED QUANTITIES NET INCREASE NET DECREASE UNIT PRICE INCREASE IN CONTRACT PRICE DECREASE IN CONTRACT PRICE 1-5426 Install City supplied 30' pole; 1 base; complete as specified Each 0.00 2.00 2.00 $750.00 $1,500.00 1-5488 Install City supplied 10' truss arm; complete as specified Each 0.00 1.00 1.00 $250.00 $250.00 1-10000 Repair irrigation system in vacated Black Hawk; complete as specified Lump Sum 0.00 1.00 1.00 $3,325.00 $3,325.00 1-10001 Credit for topsoil supplied by the City of Oshkosh to Dorner Construction; complete as specified Cubic Yard 0.00 2,280.00 2280.00 ($4.00)($9,120.00) 1-10002 Two (2) message boards for seven days; City request for opening road; complete as specified Lump Sum 0.00 1.00 1.00 $1,725.00 $1,725.00 1-20000 Per UWO request; install 6" PVC cleanout pipes connected to existing UWO biofilter underdrain; complete as specified Each 0.00 4.00 4.00 $300.00 $1,200.00 1-20001 TM 3-8 Storm outfall cleanout/downtime; complete as specified Lump Sum 0.00 1.00 1.00 $4,103.36 $4,103.36 1-30000 TM 3-9 Sanitary manhole reconstruction; complete as specified Lump Sum 0.00 1.00 1.00 $11,258.58 $11,258.58 1-30001 TM 3-22 Recore manhole A- 68; complete as specified Lump Sum 0.00 1.00 1.00 $1,256.97 $1,256.97 1-30002 TM 6-7 Sanitary Relay- Chiller; Woodland sanitary grade adjustment; complete as specified Lump Sum 0.00 1.00 1.00 $4,156.00 $4,156.00 1-40000 TM 4-19 Hydrant relocation; complete as specified Lump Sum 0.00 1.00 1.00 $1,621.91 $1,621.91 1-40001 TM 8-1 Cutting casing @ New York/Algoma; complete as specified Lump Sum 0.00 1.00 1.00 $1,320.00 $1,320.00 1-40002 TM 8-9 Water main shutdown - downtime at Congress and Algoma; complete as specified Lump Sum 0.00 1.00 1.00 $9,544.00 $9,544.00 (BID ITEMS 1-5426 - 1-40002) - SUBTOTAL: $41,260.82 ($9,120.00) NET INCREASE TO : $32,140.82 NET DECREASE TO SECTION I:($176,430.81) NET INCREASE TO ADDITIONAL WORK:$32,140.82 NET DECREASE TO CONTRACT:($144,289.99) ADDITIONAL WORK REQUIRED: CO #1 Page 16 of 16 APRIL 11, 2023 23-160 RESOLUTION (CARRIED 6 – 0 DENIED LAID OVER WITHDRAWN ) PURPOSE: APPROVE RENEWAL OF BIRD CITY WISCONSIN DESIGNATION; DESIGNATE MAY 6, 2023 AS WORLD MIGRATORY BIRD DAY INITIATED BY: COMMUNITY DEVELOPMENT SUSTAINABILITY ADVISORY BOARD RECOMMENDATION: Approved WHEREAS, migratory birds are some of the most beautiful and easily observed wildlife that share our communities, and WHEREAS, these migrant species also play an important economic role in our community, controlling insect pests and generating millions in recreational dollars statewide, and WHEREAS, migratory birds and their habitats are declining throughout America, facing a growing number of threats on their migration routes and in both their summer and winter homes, and WHEREAS, public awareness and concern are crucial components of migratory bird conservation, and WHEREAS, citizens enthusiastic about birds, informed about the threats they face, and empowered to help address those threats can directly contribute to maintaining healthy bird populations, and WHEREAS, since 1993 World Migratory Bird Day (WMBD) has become a primary vehicle for focusing public attention on the nearly 350 species that travel between nesting habitats in our communities and throughout North America and their wintering grounds in South and Central America, Mexico, the Caribbean, and the southern United States, and APRIL 11, 2023 23-160 RESOLUTION CONT’D WHEREAS, hundreds of thousands of people will observe WMBD, gathering in town squares, community centers, schools, parks, nature centers, and wildlife refuges to learn about birds, take action to conserve them, and simply to have fun, and WHEREAS, while WMBD officially is held each year on the second Saturday in May, its observance is not limited to a single day, and planners are encouraged to schedule activities on the dates best suited to the presence of both migrants and celebrants, and WHEREAS, the City was granted membership to ‘Bird City Wisconsin’ in 2011, and desires to apply to renew its application membership for 2023. 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 submit an application to renew its ‘Bird City Wisconsin’ designation and to execute any and all documents necessary for purposes of same. BE IT FURTHER RESOLVED that should the City’s application to renew its Bird City Wisconsin designation be approved, the City hereby designates May 6, 2023 as World Migratory Bird Day. TO: Honorable Mayor and Members of the Common Council FROM: Brandon Nielsen, Assistant Planner DATE: April 6, 2023 RE: Approve Renewal of Bird City Wisconsin Designation; Designate May 6, 2023 as World Migratory Bird Day BACKGROUND The City of Oshkosh received its first Bird City Wisconsin designation in 2010. A recertification application is required on an annual basis. In 2011, Oshkosh was awarded the Sustained Flight designation and in 2012 Oshkosh was elevated to High Flyer status. Oshkosh is seeking to renew its High Flyer status in 2023. Bird City Wisconsin encourages communities to implement sound bird conservation practices by offering high visibility public recognition to those that succeed in doing so. Benefits of such a designation are in line with the community’s desire to create a sustainable future for the city of Oshkosh. ANALYSIS A Bird City Wisconsin designation provides the following benefits to the community: • Makes a strong contribution to community pride and presents the kind of image that most citizens want to have for the place they live or conduct business. • Promotes and grows our community’s environmental reputation through a program that provides guidance, resources, and recognition. • Sustains healthy, functioning natural systems in our community. • Improves the local environment. New wildlife habitat areas can offer aesthetic, social, economic, and environmental benefits. In order to renew the certification, a community must continue to demonstrate the criteria met in the original application, including recognizing World Migratory Bird Day annually. Oshkosh continues to meet those original criteria. In addition to meeting Bird City Wisconsin’s basic requirements, in 2012, Oshkosh continued to strengthen its commitment to urban bird conservation by meeting the High Flyer requirements. Oshkosh continues to meet the criteria to earn the High Flyer status from Bird City Wisconsin. FISCAL IMPACT The renewal costs asso ciated with the 2023 Bird City Wisconsin Designation will be funded with available funds within the 2023 Planning Services Division budget. The World Migratory Bird Day Event, Bird Fest, is funded entirely by private contributions and should have no fiscal impact on the City’s budget. RECOMMENDATION Common Council approves renewal of the Bird City Wisconsin designation application and designates May 6, 2023 as World Migratory Bird Day. Respectfully Submitted, Approved, Brandon Nielsen Mark A. Rohloff Assistant Planner City Manager City Hall • 215 Church Avenue • P.O. Box 1130 • Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us APRIL 11, 2023 23-161 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN 6 – 0 ) PURPOSE: GRANT ELECTRIC UNDERGROUND AND GAS EASEMENTS TO WISCONSIN PUBLIC SERVICE FOR UNDERGROUNDING OF UTILITIES IN THE SAWDUST DISTRICT INITIATED BY: CITY ADMINISTRATION REDEVELOPMENT AUTHORITY RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby grants electric and gas easements in the Sawdust District to Wisconsin Public Service for undergrounding of utilities in the Sawdust District, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Community Development Director DATE: April 5, 2023 RE: Grant Electric Underground and Gas Easements to Wisconsin Public Service for Undergrounding of Utilities in the Sawdust District BACKGROUND The Redevelopment Authority and City of Oshkosh have made a substantial investment in the Sawdust District in order to prepare the area for private redevelopment. As part of the redevelopment efforts, city staff has budgeted funds to have Wisconsin Public Service (WPS) bury the existing overhead utilities in the new redevelopment area to improve the overall aesthetics of the Sawdust District. ANALYSIS WPS is requesting easements on RDA property in an effort to bury the existing overhead utilities and serve future development. City staff has worked with T Wall representatives to ensure that the easements will meet their needs for service and are acceptable to them as T Wall will eventually be the owners of the property. City staff has also worked with WPS t o ensure that the underground utilities installed in the new easements will be set up to underground additional utilities in the future. The Redevelopment Authority recommended the granting of electric underground and gas easements to Wisconsin Public Service for undergrounding of utilities in the Sawdust District at their Monday, March 27th meeting. RECOMMENDATION The Common Council grants the easements to Wisconsin Public Services for undergrounding of utilities in the Sawdust District. Respectfully Submitted, Approved: Kelly Nieforth Mark A. Rohloff Community Development Director City Manager 3302008 Easement THIS INDENTURE is made this ______ day of ______________, ______, by and between Redevelopment Authority of the City of Oshkosh, a municipal corporation, ("Grantor") and WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin Corporation, along with its successors and assigns and Time Warner Cable, Inc. and Wisconsin Bell Inc. d/b/a AT&T-Wisconsin, a Wisconsin corporation, (collectively, "Grantee") for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, owner of land, hereby grants and warrants to, Grantee, a permanent non-exclusive easement upon, within, beneath, over and across a part of Grantor’s land hereinafter referred to as "easement area" more particularly described as follows: Part of Lots 1, 2, 3 & 4 of Certified Survey Map Number 8005 recorded in the Winnebago County Register of Deeds as Document No. 1899509, part of Lots 2 & 3 of Certified Survey Map Number 7947 recorded in the Winnebago County Register of Deeds as Document No. 1888688, and part of Lot 1 of Certified Survey Map Number 6007 recorded in the Winnebago County Register of Deeds Volu me 1 of Certified Survey Maps Page 6007 as Document No. 1418291, being part of the Southwest Quarter (SW1/4) of Section 24 and Part of Government Lot 2 of Section 25, Township 18 North, Range 16 East , City of Oshkosh, County of Winnebago, State of Wisconsin, as shown on the attached Exhibit “A”. Return to: Wisconsin Public Service Corp. Real Estate Dept. P.O. Box 19001 Green Bay, WI 54307-9001 Tax Parcel Identification Number (PIN) 90301390200; 90301331100; 90301550300; 90302080100; 90301331000; 90301330800; 90301490100; 90301420100; 90301380100; 90301330700; 90301330600 1. Purpose: ELECTRIC UNDERGROUND and GAS - The purpose of this easement is to construct, install, operate, maintain repair, replace and extend underground utility facilities, conduit and cables, electric pad- mounted transformers, manhole, electric pad-mounted vacuum fault interrupter, concrete slabs, power pedestals, riser equipment, terminals and markers, together with all necessary and appurtenant equipment under and above ground, as well as pipeline or pipelines with valves, tieovers, main laterals and service laterals, together with all necessary and appurtenant equipment under and above ground, including cathodic protection apparatus used for corrosion control, as deemed necessary by Grantee, for the transmission and distribution of electric energy, signals, television and telecommunications services; natural gas and all by- products thereof, or any liquids, gases, or substances which can or may be transported or distributed through a pipeline, including the customary growth and replacement thereof. Trees, bushes, branches and roots may be trimmed or removed so as not to interfere with Grantee's use of the easement area. 2. Access: Grantee shall have the right to enter on and across any of the Grantor’s property outside of the easement area as may be reasonably necessary to gain access to the easement area and as may be reasonably necessary for the construction, installation, operation, maintenance, inspection, removal or replacement of the Grantee’s facilities. 3. Buildings or Other Structures: Grantor agrees that no structures will be erected in the easement area or in such close proximity to Grantee's facilities as to create a violation of all applicable State of Wisconsin electric and gas codes or any amendments thereto. 4. Elevation: Grantor agrees that the elevation of the ground surface existing as of the date of the initial installation of Grantee's facilities within the easement area will not be altered by more than 4 inches without the written consent of Grantee. 5. Restoration: Grantee agrees to restore or cause to have restored Grantor's land, as nearly as is reasonably possible, to the condition existing prior to such entry by Grantee or its agents. This restoration, however, does not apply to any trees, bushes, branches or roots which may interfere with Grantee's use of the easement area. 6. Exercise of Rights: It is agreed that the complete exercise of the rights herein conveyed may be gradual and not fully exercised until sometime in the future, and that none of the rights herein granted shall be lost by non- use. 7. Binding on Future Parties: This grant of easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of all parties hereto. 8. Easement Review: Grantor acknowledges receipt of materials which describe Grantor’s rights and options in the easement negotiation process and furthermore acknowledges that Grantor has had at least 5 days to review this easement document or voluntarily waives the five day review period. [REMAINDER OF PAGE LEFT BLANK] WITNESS the hand and seal of the Grantor the day and year first above written Redevelopment Authority of the City of Oshkosh, a municipal corporation Organization name Sign Name Print name & title Sign Name Print name & title STATE OF ) )SS COUNTY OF ) This instrument was acknowledged before me this _______ day of ___________________, _______, by the above-named_________________________________________________________ Redevelopment Authority of the City of Oshkosh, a municipal corporation, to me known to be the Grantor(s) who executed the foregoing instrument on behalf of said Grantor(s) and acknowledged the same Sign Name Print Name Notary Public, State of My Commission expires: This instrument drafted by: Michelle Somers Wisconsin Public Service Corporation REMS Entity ID WR Number Document ID REMS Formatted Number 1464408 WMIS-3322411 3302008 INT11-464-408 EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN W1/4 CORNER SECTION 24 T.18N., R.16E. LOT 3 C.S.M. NO. 7947 DOC. NO. 1888688 GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION P.O. BOX 19001 2830 S. ASHLAND AVE. GREEN BAY, WI 54307-9001 GRANTOR: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, A MUNICIPAL CORPORATION 215 CHURCH AVE. OSHKOSH, WI 54901 SW CORNER SECTION 24 T.18N., R.16E. (CHISELED ARROW FOUND) P.O.B. "A" P.O.B. "B" (SEE DETAIL ON SHEET 6 OF 9) LOT 4 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 1 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 2 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 3 C.S.M. NO. 8005 DOC. NO. 1899509 MEANDER CORNER SH E E T 5 O F 9 SH E E T 2 O F 9 SH E E T 4 O F 9 SH E E T 3 O F 9 SHEET 5 OF 9 SHEET 4 OF 9 SHEET 2 OF 9 SHEET 3 OF 9 LOT 1 C.S.M. NO. 6007 LOT 2 C.S.M. NO. 7947 EASEMENT AREA "A" EASEMENT AREA "B" P.O.B. P.O.T. LOT 1 C.S.M. NO. 7748 SH E E T 5 O F 9 SH E E T 2 O F 9 SHEET 2 OF 9 SHEET 3 OF 9 EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSINGRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION P.O. BOX 19001 2830 S. ASHLAND AVE. GREEN BAY, WI 54307-9001 GRANTOR: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, A MUNICIPAL CORPORATION 215 CHURCH AVE. OSHKOSH, WI 54901 P.O.B. "A" LOT 4 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 1 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 2 C.S.M. NO. 8005 DOC. NO. 1899509 NOTE: SEE LINE TABLE ON SHEET 7 OF 9 EASEMENT AREA "A" 6'8' 7' 7' 8' 12 ' 8' 6' P.O.B. P.O.T. P.O.T. "A" 6' 8' SH E E T 4 O F 9 SH E E T 3 O F 9 SHEET 2 OF 9 SHEET 3 OF 9 EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION P.O. BOX 19001 2830 S. ASHLAND AVE. GREEN BAY, WI 54307-9001 GRANTOR: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, A MUNICIPAL CORPORATION 215 CHURCH AVE. OSHKOSH, WI 54901 LOT 1 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 3 C.S.M. NO. 8005 DOC. NO. 1899509 NOTE: SEE LINE TABLE ON SHEET 7 OF 9 EASEMENT AREA "A" 12 ' 10 ' 8' 7' 8' P.O.B. P.O.T. LOT 1 C.S.M. NO. 7748 DOC. NO. 1847902 SH E E T 5 O F 9 SH E E T 2 O F 9 SH E E T 4 O F 9 SH E E T 3 O F 9 SHEET 5 OF 9 SHEET 4 OF 9 SHEET 2 OF 9 SHEET 3 OF 9 EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION P.O. BOX 19001 2830 S. ASHLAND AVE. GREEN BAY, WI 54307-9001 GRANTOR: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, A MUNICIPAL CORPORATION 215 CHURCH AVE. OSHKOSH, WI 54901 LOT 4 C.S.M. NO. 8005 DOC. NO. 1899509 LOT 1 C.S.M. NO. 8005 DOC. NO. 1899509 P.O.B. P.O.T. L O T 3 C. S . M . N O . 8 0 0 5 D O C . N O . 1 8 9 9 5 0 9 NOTE: SEE LINE TABLE ON SHEET 7 OF 9 EASEMENT AREA "A" 12 ' 1 2 ' SH E E T 5 O F 9 SH E E T 2 O F 9 SHEET 5 OF 9 SHEET 4 OF 9 EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION P.O. BOX 19001 2830 S. ASHLAND AVE. GREEN BAY, WI 54307-9001 GRANTOR: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, A MUNICIPAL CORPORATION 215 CHURCH AVE. OSHKOSH, WI 54901 LOT 2 C.S.M. NO. 7947 DOC. NO. 1888688 LOT 1 C.S.M. NO. 6007 DOC. NO. 1418291 LOT 4 C.S.M. NO. 8005 DOC. NO. 1899509 NOTE: SEE LINE TABLE ON SHEET 7 OF 9 LOT 3 C.S.M. NO. 8005 DOC. NO. 1899509 8' EASEMENT AREA "A" 12' 6 ' P.O.B. P.O.T. EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSINGRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION P.O. BOX 19001 2830 S. ASHLAND AVE. GREEN BAY, WI 54307-9001 GRANTOR: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, A MUNICIPAL CORPORATION 215 CHURCH AVE. OSHKOSH, WI 54901 MEANDER COR. S1/4 CORNER SECTION 24 T.18N., R.16E. P.O.B. "B" EASEMENT AREA "B" LOT 3 C.S.M. NO. 7947 DOC. NO. 1888688 NOTE: SEE LINE TABLE ON SHEET 7 OF 9 WPS PARCEL LOT 1 C.S.M. NO. 6007 DOC. NO. 1418291 EASEMENT AREA "A" 15' 1 2 ' 12 ' P.O.B. P.O.T. EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN EASEMENT AREA “A” DESCRIPTION Part of Lots One (1), Two (2), Three (3), & Four (4) of Certified Survey Map Number 8005 recorded as Document No. 1899509 of Winnebago County Records, part of Lot 2 of Certified Survey Map Number 7947 recorded as Document No. 1888688 of Winnebago County Records, and part of Lot 1 of Certified Survey Map Number 6007 recorded in Volume 1 of Certified Survey Maps on Page 6007 as Document No. 1418291 of Winnebago County Records; being part of the Southwest Quarter (SW1/4) of Section Twenty-Four (24), Township Eighteen (18) North, Range Sixteen (16) East, City of Oshkosh, Winnebago County, State of Wisconsin containing 34,574 square feet (0.794 acres) of land and being described by: Commencing at the Southwest Corner of said Section 24; thence N00°-15'-31"W along the west line of the SW1/4 of said Section 24, a distance of 216.01 feet; thence S89°-45'-48"E 1202.14 feet to the northwest corner of Lot 2 of said Certified Survey Map No. 8005 (also the east right of way line of South Main Street) and the point of beginning; thence the following courses along the boundary lines of said Certified Survey Map No. 8005: N00°-01'-36"E along said east right of way line, a distance of 223.66 feet; S89°-45'-48"E 181.12 feet (recorded as 181.11 feet); thence N00°-02'-25"E 205.99 feet; thence N54°-45'-51"W 65.38 feet; thence N83°-50'-06"W 128.48 feet to the easterly right of way line of South Main Street and the termination of said courses; thence N11°-51'-23"E along said easterly right of way line, a distance of 29.87 feet; thence S89°-44'-43"E 101.21 feet; thence S55°-29'-06"E along a southwesterly line of Lot 3 of said Certified Survey Map No. 8005 and its northwesterly extension, a distance of 714.92 feet; thence S43°-14'-06"E along a southwesterly line of said Lot 3, a distance of 252.78 feet (recorded as 252.77 feet) to the northerly right of way line of East 9th Avenue; thence the following courses along said northerly right of way line: southwesterly 97.33 feet along the arc of a curve to the left, having a radius of 223.00 feet and a chord of which bears S73°-26'-43"W 96.56 feet; S60°-56'-28"W 117.93 feet; southwesterly 139.80 feet along the arc of a curve to the right, having a radius of 267.00 feet and a chord of which bears S75°-56'-28"W 138.21 feet; N70°-24'-48"W 28.15 feet; N89°-03'-32"W 271.84 feet; S72°-10'-57"W 27.99 feet; N89°-03'-32"W 205.24 feet to the termination of said courses; thence N44°-30'-58"W 14.25 feet to the east right of way line of South Main Street; thence N00°-01'-36"E along said east right of way line, a distance of 179.55 feet; thence S89°-19'-08"E 7.00 feet; thence S00°-01'-36"W 176.60 feet; thence S44°-30'-58"E 7.09 feet; thence S89°-03'-32"E 32.00 feet; thence S00°-56'-28"W 2.00 feet; thence S89°-03'-32"E 37.00 feet; thence N00°-56'-28"E 2.00 feet; thence S89°-03'-32"E 133.07 feet; thence N72°-10'-57"E 27.99 feet; thence S89°-03'-32"E 6.00 feet; thence S00°-56'-28"W 2.00 feet; thence S89°-03'-32"E 10.00 feet; thence N00°-56'-28"E 2.00 feet; thence S89°-03'-32"E 118.00 feet; thence S00°-56'-28"W 2.00 feet; thence S89°-03'-32"E 10.00 feet; thence N00°-56'-28"E 2.00 feet; thence S89°-03'-32"E 130.47 feet; thence S70°-24'-48"E 28.14 feet; thence northeasterly 54.00 feet along the arc of a curve to the left, having a radius of 259.00 feet and a chord of which bears N84°-40'-48"E 53.90 feet; thence S11°-30'-51"E 2.00 feet; thence northeasterly 80.92 feet along the arc of a curve to the left, having a radius of 261.00 feet and a chord of which bears N69°-49'-23"E 80.60 feet; thence N60°-56'-28"E 12.17 feet; thence N29°-03'-32"W 6.00 feet; thence N60°-56'-28"E 105.76 feet; thence northeasterly 78.28 feet along the arc of a curve to the right, having a radius of 235.00 feet and a chord of which bears N70°-29'-06"E 77.92 feet; thence N43°-14'-06"W 227.85 feet; thence N55°-29'-06"W 198.91 feet; thence S39°-28'-15"W 230.79 feet; thence N89°-19'-08"W 94.16 feet; thence S00°-01'-36"W 34.00 feet; thence N89°-19'-08"W 277.03 feet; thence N00°-01'-36"E 8.00 feet; thence S89°-19'-08"E 269.03 feet; thence N00°-01'-36"E 38.00 feet; thence S89°-19'-08"E 96.55 feet; thence N39°-28'-15"E 224.00 feet; thence N55°-29'-06"W 498.97 feet; thence N89°-44'-43"W 87.72 feet; thence S11°-51'-23"W 8.84 feet; thence S83°-50'-06"E 118.02 feet; thence S54°-45'-51"E 60.92 feet; thence N00°-02'-25"E 2.75 feet; thence S55°-29'-06"E 9.70 feet; thence S00°-02'-25"W 223.51 feet; thence N89°-45'-52"W 182.12 feet; thence S00°-01'-36"W 207.71 feet to the point of termination; being subject to any and all easements and restrictions of record. EXHIBIT A PART OF LOTS 1, 2, 3, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509, PART OF LOTS 2 & 3 OF CERTIFIED SURVEY MAP NO. 7947, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1888688, AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS VOLUME 1 OF CERTIFIED SURVEY MAPS PAGE 6007 AS DOCUMENT NUMBER 1418291, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24 AND PART OF GOVERNMENT LOT 2 OF SECTION 25 , TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO, STATE OF WISCONSIN EASEMENT AREA “B” DESCRIPTION Part of Lot Three (3) of Certified Survey Map Number 7947 recorded as Document No. 1888688 of Winnebago County Records and part of Lot One (1) of Certified Survey Map Number 6007 recorded in Volume 1 of Certified Survey Maps on Page 6007 as Document No. 1418291 of Winnebago County Records; being part of the Southwest Quarter (SW1/4) of Section Twenty-Four (24) and part of Government Lot 2 of Section Twenty-Five (25), Township Eighteen (18) North, Range Sixteen (16) East, City of Oshkosh, Winnebago County, State of Wisconsin containing 10,595 square feet (0.243 acres) of land and being described by: Commencing at the Southwest Corner of said Section 24; thence N89°-51'-26"E along the south line of the SW1/4 of said Section 24, a distance of 1879.78 feet; thence S00°-08'-34"E 29.85 feet to the southeasterly right of way line of East 9th Avenue and the point of beginning; thence the following courses along said southeasterly right of way line: northeasterly 30.74 feet along the arc of a curve to the left, having a radius of 333.00 feet and a chord of which bears N63°-35'-10"E 30.73 feet; N60°-56'-28"E 117.93 feet; easterly 134.45 feet along the arc of a curve to the right, having a radius of 170.37 feet and a chord of which bears N83°-32'-58"E 130.99 feet; S73°-00'-54"E 10.99 feet (recorded as 11.00 feet) to the northeast corner of Lot 3 of said Certified Survey Map No. 7947 and the termination of said courses; thence S16°-55'-30"W 434.04 feet (recorded as 434.03 feet) to the southeast corner of said Lot 3; thence N89°-13'-11"W 87.12 feet to a westerly line of Lot 1 of said Certified Survey Map No. 6007; thence N09°-37'-39"W (recorded as N09°-37'-10”W) along said westerly line, a distance of 12.20 feet; thence S89°-13'-11"E 77.18 feet; thence N16°-55'-30"E 413.79 feet; thence westerly 114.51 feet along the arc of a curve to the left, having a radius of 158.37 feet and a chord of which bears S83°-56'-10"W 112.03 feet; thence N46°-33'-01"W 12.69 feet; thence S10°-26'-59"W 15.53 feet; thence S60°-56'-28"W 110.54 feet; thence southwesterly 28.58 feet along the arc of a curve to the right, having a radius of 345.00 feet and a chord of which bears S63°-18'-49"W 28.57 feet to the west line of Lot 1 of said Certified Survey Map No. 6007; thence N01°-25'-45"W (recorded as N01°-25'-16”W) along said west line, a distance of 9.59 feet to the south right of way line of East 9th Avenue; thence N89°-33'-00"W (recorded as N89°-32'-32”W) along said south right of way line, a distance of 7.59 feet to the point of beginning; being subject to any and all easements and restrictions of record. APRIL 11, 2023 23-162 RESOLUTION (APPROVED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WISCONSIN PUBLIC SERVICE FOR UNDERGROUNDING OF UTILITIES IN THE SAWDUST DISTRICT ($129,070.67) INITIATED BY: COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City Officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Wisconsin Public Service for undergrounding of utilities in the Sawdust District, per the attached, in the amount of $129,070.67. Money for this purpose is hereby appropriated from: Acct. No. 0244-0410-7216 CIP Sawdust District Utilities TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Community Development Director DATE: April 5, 2023 RE: Approve Professional Services Agreement with Wisconsin Public Service for Undergrounding of Utilities in the Sawdust District ($129,070.67) BACKGROUND The Redevelopment Authority and City of Oshkosh have made a substantial investment in the Sawdust District in order to prepare the area for private redevelopment. As part of the redevelopment efforts, city staff has budgeted funds to have Wisconsin Public Service (WPS) bury the existing overhead utilities in the new redevelopment area to improve the overall aesthetics of the Sawdust District. ANALYSIS In order to bury the existing overhead lines in the Sawdust District, significant infrastructure improvements will be required. The cost for these improvements will be the City’s responsibility since the City is requesting that the utilities be installed underground. City staff has also worked with WPS to ensure that the underground utilities installed in the new easements will be set up to underground additional utilities in the future. FISCAL IMPACT The total project cost is $129,070.67. ARPA funds have been set aside for this purpose in Account No. 0244-0410-7206. RECOMMENDATION The Common Council approves the Professional Services Agreement with Wisconsin Public Service for the undergrounding of utilities in the Sawdust District in the amount of $129,070.67. Respectfully Submitted, Approved: Kelly Nieforth Mark A. Rohloff Community Development Director City Manager Wisconsin Public Service DISTRIBUTION FACILITIES INSTALLATION AGREEMENT District: 40 This contract is for the installation of Electric facilities entered into on January 24, 2023 (Contract Date) between CITY OF OSHKOSH (Customer) and Wisconsin Public Service Corporation (WPSC). Site Address / Description / Location : 7TH AND 9TH AVENUE in the CITY OF OSHKOSH, County of WINNEBAGO, State of WI. WPSC agrees to install facilities and provide service in accordance with all appropriate regulations and tariffs as filed wit h the Public Service Commission of Wisconsin (PSCW) and /or Michigan Public Service Commission (MPSC). WPSC furthermore agrees to render service to the Customer at such point on the premise as has been mutually determined and agreed upon. The Customer ag rees to comply with all terms and conditions as stated on Page 2 of this contract, including the commencement date of Minimum Charges, and all appropriate WPSC tariffs on file with PSCW and /or MPSC. Type of Electric Service: -Electric- Standard System Facility Costs (Refundable) $0.00 Allowances $0.00 Special System Facilities Costs (Refundable) $0.00 Refundable Sub Total $0.00 Special Facilities Costs Non Refundable: System $126,338.42 Service* $2,687.52 Temporary Service $0.00 Non Refundable Sub Total $129,025.94 Electric Total: $129,025.94 Total Cost $129,025.94 *This agreement does does not include the cost of the service(s) to the meter. When it does not, additional charges may be forthcoming. Area Expansion Program: This extension was installed under the Company’s Area Expansion Program (AEP) Tariff. The AEP charge is calculated using an economic model approved by the PSCW and is based on an estimated 5 year conversion rate. If the estimated number of conversions is not obtained, AEP surcharges may extend past the projected end date until sufficient AEP contributions are collected. Applicable AEP information for this extension is: The AEP charge is N/A per month. Allowances and refunds are determined by WPSC’s extension rule policies that have been approved by the PSCW and /or MPSC. These rules are subject to change pending approval by the PSCW or MPSC. A 5 year development period will begin from the date this facility/project is energized for the electric facility and pressurized for gas facility. Applicable refunds will be made during this time period. Refund amounts shall equal the allowance applicable to customer additions based on the current extension allowance or the allowances in effect when the addition occurs, whichever is greater, less the added investment in distribution system facilities required. After the development period, the Customer agrees to reimburse WPSC for all allowances received on this contract t hat did not result in customers taking service by the expiration of the development period. A tabulation of said allowance(s) is as follows: Customer Name / Lot # Address / Plat Ext. Allowance Amount Applicable refunds will be made to: Contracting Developer Property Owner Other City of Oshkosh I have read, understand and agree to the terms and conditions of this contract Customer Signature: ____________________________ Date: ______________ Mailing Address: 215 CHURCH AVE OSHKOSH, WI 54903 WPSC Signature: ______________________________ Date: ______________ Work Request/Revision: 3322976-1 Account# Energized Date CIS Field Order Id 453827102 Page 2 of 2 ADDITIONAL TERMS AND CONDITIONS 1. This Contract is not effective until signed by both Company and the Customer. If the Customer fails to return the Co ntract to Company within sixty days of the Company signature date or contract date, the Contract offer is null and void. 2. The payment calculation of this Contract is subject to change if the Customer causes a construction delay, there is change in scope, or actions by governmental authorities cause a calculation change. Any change shall be reviewed with the Customer prior to construction an d a new Contract shall be executed. Adjustment of customer payment requirements (refunds or additional payment) to reflect actual changes in the size or number of units installed, major rock or frost removal, and similar items affecting the scope of the project, shall be made if adjus tment is greater than $20. This adjustment, if applicable, will normally occur within six months of completion of construction. Any changes will be reviewed with the Customer. 3. As a condition of receiving service, the Customer agrees to grant the Company, at no cost, an easement for the necessary cons truction, operation, and maintenance including tree trimming of any portion of the extension necessary to serve the Customer. 4. Within the boundaries of the Customer’s development project area, the Customer shall be responsible for all necessary environ mental compliance actions including the installation, inspection, maintenance and removal of all soil erosion and sediment control best management practices (BMPs). The Company is responsible for repairing any BMPs damaged by Company or Company’s contractor during Company’s instal lation activities as well as the Company’s necessary environmental compliance actions outside of the Customer’s development project area. 5. The Customer further understands that their structure must comply with the applicable PSCW / MPSC Conservation Code and any o ther applicable codes and that any noncompliance in future inspections by the Company may be gro unds for disconnection of service. 6. If the service to the Customer is part of a project designed to serve several customers from one extension, it is understood that this Contract will be binding on the parties hereto only when and if the Company secures sufficient contracts to warrant, in Company’s sole discretion, the construction of the project. 7. All the terms and conditions of this Contract shall extend to and be binding upon the heirs, executors, administrators, succe ssors, and assigns of the parties hereto. If the Customer leases, sells, or otherwise disposes of the property herein described, he shall complete the payments according to this Contract unless he shall have secured an assumption of his remaining obligations under this Contract, satisfacto ry to and approved by the Company. 8. Whether stated or not, a special facilities charge will be applied during the Winter Construction period, as stated in the Co mpany’s approved tariffs. 9. Any lawn restoration or surface repair on private property, as a res ult of this installation, shall be the Customer’s responsibility. 10. The Customer, irrespective of subsequent change of ownership, shall provide at no expense to the Company, soil graded within six inches of the finished grade prior to installation of facilities. Survey stakes indicating property lines shall be installed by the Customer at no expense to the Company prior to installation of facilities. The Company shall be notified in advance of any change in grade levels. Any an d all costs incurred as a result of such grade changes shall be at the expense of the Customer. 11. The Customer agrees to provide the Company, or its authorized contractor, the location, within 18”, of all underground facili ties such as those for the transmission of electricity, water, cable TV, sewer, telephone, gas or fuel which are owned by the Customer on the premises, and which may be encountered by the Company or its authorized contractor during the proposed installation of the facilities. If the Custom er is unable to locate an underground facility, or fails to provide the location of any underground facility, or if the underground facility in question is encountered more than 18” from the location identified by the Customer, the Customer shall defend, indemnify, and hold the Comp any harmless as well as its agents, employees, assigns, affiliates, officers, administrators, predecessors, successors, subsidiaries, members and manager s from and against any claim, action, proceeding, liability, loss, damage, cost or expense including, without limitation attorneys’ fees, arising out of or in connection with the Customer’s use of service. 12. In no event shall the Customer place any decorative element on the pole without the prior written approval of the Company. S uch approval will be under the terms of the Pole Attachment Policy and Procedure in effect at the time of such request. A copy of the Pole Attachment Policy will be furnished by the Company to the Customer upon request. 13. In no event, except for a breach by the Customer of section 11 above, shall either party be responsible to the other for any consequential, incidental, special or punitive damages whatsoever, whether arising from breach of warranty or other breach of contract, negligence or other tort, or any other theory of law. In a case of a breach by the Customer of section 11 above, the Customer shall be liable for con sequential, incidental, special and punitive damages. 14. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective o nly to the extent that it is in contravention of applicable laws without invalidating the remaining provision of the Contract. 15. This Contract shall be governed by and construed in accordance with the internal laws of the State of Wisconsin and/or Michig an. 16. The Customer and the Company hereby agree to abide by and be subject to the rules, regulations, and schedules of the Company as filed with and approved by the PSCW and/or MPSC from time to time, as well as the rules and regulations of the Wisconsin Administrative Code and the rules and guidelines of the State of Michigan. 17. In the event of a conflict between this Contract and the Company’s approved tariffs, the tariffs shall prevail. 18. Beginning the date the gas meter serving the Customer is installed, or 180 days after the gas service line serving the Customer is installed, whichever is earlier, the Customer will be billed the applicable Minimum Charge and AEP Charge (if any) associated with the rate schedule t he Customer is expected to take service under, regardless if the Customer is actually using gas or taking gas service. The dete rmination of the rate schedule the Customer is expected to take service under shall be in Company’s sole discretion. APRIL 11, 2023 23-163 RESOLUTION (CARRIED 6- 0 LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID TO LAKE & POND SOLUTIONS LLC FOR WATER FOUNTAINS INSTALLATION- MENOMINEE PARK LAGOON FOR PARKS DEPARTMENT ($21,638.21) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for Water Fountains Installation - Menominee Park Lagoon for Parks Department; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: LAKE & POND SOLUTIONS LLC N1025 Julius Drive Greenville, WI 54942 Total Bid: $21,638.21 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. 03230740 7216 63016 CIP – Great Neighborhoods TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: April 2, 2023 RE: Award Bid to Lake & Pond Solutions LLC for Water Fountains Installation- Menominee Park Lagoon for Parks Department ($21,638.21) BACKGROUND At their December 13, 2022 meeting the Common Council allocated $230,000.00 in the 2023 CIP for four projects in the Great Neighborhoods Program. One project in the 2023 program was a request from the Menominee South Neighborhood Association for the installation of two fountains in the Menominee Zoo Lagoon to improve water quality, increase aeration, and help control the weeds and algae that develop every year. The project was allocated $30,000.00. The installation of these fountains will improve water quality and aesthetics for the lagoon and zoo areas for Menominee Park. ANALYSIS Working with Parks Department staff, Purchasing prepared bid specifications for this project. The bid specifications requested the installation of two new water fountains in the Menominee Park Lagoon. The bid was advertised in the local newspaper and posted on DemandStar. Bids were due March 30, 2023. The bid tab is attached. It was the consensus of staff that the low bid from Lake & Pond Solutions, LLC met the minimum bid requirements. FISCAL IMPACT The total fiscal impact of this bid is $21,638.21. The Great Neighborhoods program in the 2023 CIP allocated $30,000.00 for this project. This project will be charged to A/N#: 03230740 7216 63016 (CIP – Great Neighborhoods). RECOMMENDATION Purchasing recommends the Common Council award this bid to Lake & Pond Solutions LLC for $21,638.21. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager BID TAB WATER FOUNTAINS INSTALLATION – MENOMINEE PARK LAGOON OSHKOSH PARKS DEPARTMENT BIDS DUE THURSDAY MARCH 30, 2023 BIDDER BID Lake & Pond Solutions LLC N1025 Julius Drive Greenville WI 54942 $21,638.21 Aquatic Biologists, Inc. N4828 US HWY 45 S Fond du Lac, WI 54937 $22,004.50 APRIL 11, 2023 23-164 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH HOUCK TRANSIT ADVERTISING FOR BUS ADVERTISING SERVICES FOR GO TRANSIT (2023: +$30,000, 2024: +$30,000, 2025: +$30,000) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has contracted with a third-party contractor to sell and install advertising on buses since 2008; and WHEREAS, the current agreement expired on December 31, 2022; and WHEREAS, the City of Oshkosh requested proposals to continue this service for a three year term with optional renewals; and WHEREAS, there was one proposal submittal which staff reviewed and determined that this proposal meets the requirements of the request for proposals and is reasonable. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appropriate City officials are hereby authorized directed to enter into an appropriate agreement with Houck Transit Advertising for Bus Advertising Services for GO Transit for 2023-2025 in accordance with the advertised Request for Proposals and proposal submitted by Houck Transit Advertising and that said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Acct. No. 511-1728-4944-00000 Transit Utility’s Advertising Revenue 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: April 4, 2023 RE: Approve Agreement with Houck Transit Advertising for Bus Advertising Services for GO Transit (2023: +$30,000, 2024: +$30,000, 2025: +$30,000) BACKGROUND GO Transit allows the exterior and interior of buses to be used for advertising as a way to augment system revenues. In order to promote more effective and efficient use of staffing resources, the City has used a third-party contractor to sell and install advertising on buses since 2008. The current contract for this service with Houck Transit Advertising expired on December 31, 2022. In preparation for this procurement, Transportation and Purchasing staff prepared a request for proposal (RFP) for vendors to solicit proposals to sell, install and maintain advertising space on GO Transit’s 16 bus fleet. The RFP listed the length of the contract to be for three years commencing on April 1, 2023 with options to extend for two, one- year periods. The RFP was advertised in the local paper and posted online with DemandStar and the State of Wisconsin’s VendorNet system. The deadline for submitting a proposal was March 21, 2023. One proposal was received from Houck Transit Advertising. Houck’s proposal met the minimum requirements necessary to move forward in the evaluation process. ANALYSIS An evaluation team evaluated Houck’s proposal based on revenue proposed; experience/references; ad sales strategy and proposal organization. The RFP required proposers to provide a guaranteed monthly payment and a percentage of gross sales over each year of the agreement, understanding that GO Transit would receive whichever monthly amount was greater. The 2022 ad revenue contract with Houck provided GO Transit with a minimum of $2,333 per month ($27,996 annually) or 50% of gross sales. In their proposal Houck’s monthly minimum amounts and percentage of gross ad sales for 2023-2027 are as follows: Vendor Monthly Min / % of gross sales Annual Minimum Revenue Houck Transit Advertising 2023: $2,500/50% 2024: $2,500/50% 2025: $2,500/50% 2026: $2,500/50% (option year) 2027: $2,500/50% (option year) 2023: $30,000 2024: $30,000 2025: $30,000 2026: $30,000 2027: $30,000 As such, over the first 3 years of the 2023-2025 contract Houck’s proposal provides GO Transit with a minimum revenue of $90,000. In consideration of Houck’s proposed increased revenue, their demonstrated state and national sales experience, their experience providing similar bus ad sales services for other transit properties in Wisconsin and the Midwest and GO Transit staff’s satisfaction with their past performance, it was the consensus of the evaluation team and Purchasing that the proposal from Houck Transit Advertising met all the requirements of the RFP and is recommended for award for this service. FISCAL IMPACT The guaranteed minimum annual revenue for GO Transit will be $30,000 for 2023, 2024 and 2025 for a total of $90,000. This amount represents an increase of approximately 7.1% in guaranteed annual revenue over the current agreement. Ad revenue is credited to the Transit Utility’s Advertising Revenue account (511-1728-4944-00000). RECOMMENDATION Purchasing recommends that the Common Council award this three -year agreement to Houck Transit Advertising, 1025 Tomlyn Avenue Suite 100, Shoreview, MN 55126. If you have any further questions on this agreement please contact Transportation Director Jim Collins, or myself. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager APRIL 11, 2023 23-165 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE OPERATING BUDGET AMENDMENT FOR THE OSHKOSH SENIOR SERVICES DIVISION TO ALLOCATE GRANT FUNDING FOR MARKETING AND PROMOTION OF BALANCE SCREENING PROGRAM INITIATED BY: OSHKOSH SENIORS CENTER WHEREAS, the Common Council has previously accepted a grant from the Wisconsin Institute on Health Aging to support the new balance screening program; and WHEREAS, the Common Council has adopted the 2023 Operations Budget, which is on file in the Office o f the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2023 Oshkosh Seniors Center Operations Budget to allow for expenditures of a portion of the grant funds for the purpose of marketing and promotion of the balance screening program. 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 as follows: ▪ To increase expenditures in the amount of two thousand seven hundred dollars ($2700.00) in Acct. No. 02310760-6411-11502 Marketing and Promotion Finance Department City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jean Wollerman, Senior Services Manager DATE: April 4, 2023 RE: Approve Operating Budget Amendment for The Oshkosh Senior Services Division to Allocate Grant Funding for Marketing and Promotion of Balance Screening Program BACKGROUND The Oshkosh Seniors Center recently received a grant to support programing that was not anticipated. The Wisconsin Institute on Heathy Aging grant for $7,555.00 was received in January of 2023 to help support the new balance screening program. Acceptance of this grant was approved by the Common Council on February 28, 2023. Staff inadvertently omitted the expenditure for marketing and promotion in that resolution. ANALYSIS Marketing and Promotion expenditure from the Wisconsin Institute on Healthy Aging grant was inadvertently omitted from the previously approved resolution on February 28, 2023. FISCAL IMPACT The acceptance of these grant funds and amending of the 2023 Senior Services Division Operating Budget will authorize expending the remaining $2,700.00 of the original $7,555.00 grant amount from Acct. Number 02310760-6411-11502 Marketing and Promotion. RECOMMENDATION Staff recommends that Council adopt this resolution. Respectfully Submitted, Approved: Jean Wollerman Mark Rohloff Senior Services Manager City Manager APRIL 11, 2023 23-166 RESOLUTION (CARRIED 4 – 2 LOST LAID OVER WITHDRAWN ) PURPOSE: DESIGNATE THE MONTH OF MAY 2023 AS NO MOW MAY INITIATED BY: CITY OF OSHKOSH SUSTAINABILITY ADVISORY BOARD WHEREAS, the City of Oshkosh would like to encourage an increase in pollinator- friendly habitat through pollinator-friendly lawn-care practices; and WHEREAS, ideal pollinator-friendly habitat is comprised of mostly native wildflowers, grasses, vines, shrubs, and trees blooming in succession throughout the growing season, is free or nearly free of pesticides, is comprised of undisturbed spaces including un-mown lawns; and provides connectivity between habitat areas to support pollinator movement and resilience; and WHEREAS, the formative period for establishment of pollinator and other insect species, and the many songbirds and other urban wildlife species which depend upon them, occurs in late spring and early summer when they emerge from dormancy and require flowering plants as crucial foraging habitat; and these opportunities are dramatically reduced with early spring grass-mowing; and NOW, THEREFORE BE IT RESOLVED, that the City of Oshkosh, through the City of Oshkosh Sustainability Advisory Board recognizes No Mow May to actively promote and educate the community about the critical period of pollinator emergence, generation of crucial pollinator-supporting habitat and early spring foraging opportunities. BE IT FURTHER RESOLVED, that the City of Oshkosh Common Council directs staff to not issue correction notices for long grass and weed violations for properties registered with the Planning Division for the No Mow May Program, permitting those residents who are properly registered with the City to voluntarily delay lawn care in their yards, from May 1st, 2023 through May 31st, 2023 allowing pollinator species to emerge and early flowering grasses and forbes to establish, which may result in ground-cover exceeding established ordinance height restrictions. TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Community Development Director DATE: April 5, 2023 RE: Designate the Month of May 2023 as No Mow May BACKGROUND In 2021, the Common Council approved the City’s participation in the initiative, No Mow May, as a test year and suspended the enforcement of tall grass violation notices for the month of May in 2021 to allow pollinator movement during the early spring months to increase the native bee population. In 2022 the Common Council approved the City’s participation in No Mow May, similar to 2021, but participants were required to register with the city through an online portal. There were approximately 600 properties that registered to participate in 2022. ANALYSIS In 2021 and 2022 staff observed complaints mostly from residents whose neighbors were not mowing their lawn during the month of May. For 2023 staff recommended that residents who would like to participate in No Mow May be required to register their property with the City of Oshkosh and No Mow May be limited to side and rear yards only. Staff believe allowing No Mow May to occur only in side and rear yards would help with the number of complaints and potential storm water issues where long grass clippings have been seen to clog up gutters and catch basins. Similar to 2022, the required registration allows staff to continue code enforcement on properties that are not registered where the grass exceeds what the municipal code allows. Lastly, staff recommends that the program is reviewed on an annual basis to ensure that the intent of the program is still being met and not negatively impacting the city. SUSTAINABILITY ADVISORY BOARD At the April 3rd, 2023 Sustainability Advisory Board meeting the board amended the proposed resolution to remove “side and rear,” ultimately recommending No Mow May be permitted to occur on the entire property. FISCAL IMPACT From May 2017-2020, the tall grass ordinance accounted for an average of $3,397 dollars in service fees. Therefore, the result of No Mow May will potentially result in a decrease of approximately $3,397 dollars in collected service fees in the month of May. This loss in revenue is not significant. City Hall • 215 Church Avenue • P.O. Box 1130 • Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us RECOMMENDATION The Sustainability Advisory Board recommends approval of the amended resolution as attached and recommends No Mow May be considered on an annual basis. Respectfully Submitted, Approved: Kelly Nieforth Mark A. Rohloff Community Development Director City Manager April 11, 2023 23-167 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: PUBLIC MUS EUM 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: April 6, 2023 From: Lori Palmeri, Mayor Listed below are the appointments, to be made by the City Council at the April 11, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. PUBLIC MUSEUM BOARD (the appointments below are to correct the intent of the original appointment seats) • Vickey Redlin – Alternate to Full Seat • Tiara Dainya-Sophia-Cavett – Full Seat to Alternate SUSTAINABILITY ADVISORY BOARD • Jacob Komorowski – reinstated to Alternate 1 seat due to clerical error 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Saturday, August 6, 2022 6:10 PM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:8/6/2022 6:10:26 PM Board/Commission Public Museum Board Name (Last, First, Middle) Address City State Zip Vicky Redlin 1050 Greenfield Trail Oshkosh WI 54904 Employer Occupation: retired from Winnebago County 18 Years of Age or Older Yes Home Phone 920-479-4449 Business Phone 920-232-1960 Email Address vixes2092@gmail.com Cell Phone 920-479-4449 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 57 Education: Bachelor of Science in Art UWO Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have served: Years: Bike Ped 5 Landmarks 5 Public Art 3 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? 23 years of experience in local government. Community leadership with various boards and community groups. Lifelong resident. Spent many summers in elementary taking classes at the museum, which remains dear to me. Please write a concise statement which describes why you wish to serve on the above Board/Commission. help to build awareness of museum programs, community benefits, and opportunities for growth. 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. APRIL 11, 2023 23-168 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: SPECIAL CLASS “B” LICENSES & OPERATOR LICENSES INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Oshkosh Southwest Rotary…………………………………April 15, 2023 – 5:30 p.m. –10:00 p.m. Person in Charge: Erik A. Gialdella Event Name: Mac & Brew 500 Cty Rd Y, Oshkosh, WI APRIL 11, 2023 23-168 RESOLUTION CONT’D SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Friends of Oshkosh Seniors Center…………………………May 2, 2023 – 5:00 p.m. –7:00 p.m. Person in Charge: Jenny McCollian Event Name: 2023 Volunteer Appreciation 200 N, Campbell Rd., Oshkosh, WI SEE EXHIBIT A LASTNAME BUEHRING FIRSTNAME JUSTIN ST_ADDRESS 418 MERRITT AVE. CITY OSHKOSH LICNUMBER 22-627 CHRISTENSENWURS MELISSA 573 N UNION ST. B2 RIPON 22-624 CUDAHY DOBBERSTEIN MADISON TYLER 317 N SAWYER ST. 483 S WESTHAVEN DR. E206 OSHKOSH OSHKOSH 22-640 22-648 DOBBINS DANIEL 1102 BISMARCK AVE OSHKOSH 22-626 ELLSWORTH BRITTNI 237 W 16TH AVE. OSHKOSH 22-644 FAUST GURINDERPAL CAMILLE SIRA 4119 COTTONWOOD AVE 4871 W. CORSICAN PINE DR. OSHKOSH APPLETON 22-631 22-650 HAASE PATRICIA 2015 JEFFERSON ST OSHKOSH 22-645 HERNANDEZANTIGU JEAN 111 W. PARKWAY AVE OSHKOSH 22-635 HERRING MADELINE 1208 FAIRFAX ST OSHKOSH 22-632 JESKE JILL 1520 MARICOPA OSHKOSH 22-634 JOHNSON AMANDA 2624 VISTA CT. APPLETON 22-637 JOHNSON JOSEPH JULIE SAMUEL 1026 WISCONSIN ST. 605 E 10TH STREET OSHKOSH FOND DU LAC 22-629 22-638 KRUSICK KELLY 927 W 6TH AVE OSHKOSH 22-628 MAKI MOUA RENEE MAKYLA 1025 SCHOOL AVE. 1701 FRANKLIN ST. OSHKOSH LITTLE CHUTE 22-622 22-623 NELSON JAMIE 643 STARBOARD CT OSHKOSH 22-643 OSBORNE KYLIE 550 ALGOMA BLVD OSHKOSH 22-633 POUH BRIAN 431 W 5TH AVE OSHKOSH 22-649 RAMCZYK GABRIELLE 180 DAVES ST #202 OSHKOSH 22-621 REINDERS JACOB 1080 PARK RIDG E AVE. OSHKOSH 22-625 SCHULTZ LINDSEY W2150 BOBWHITE ROAD SPENCER 22-651 SHADY RAE 5172 COUNTY RD A OSHKOSH 22-642 STOCK MADYSON 221 MCKINLEY AVE OMRO 22-641 STROMSKE JEFFREY 1030 GRAND ST. OSHKOSH 22-630 TOLL KIMBERLEY 317 N SAWYER ST. OSHKOSH 22-639 TRAVIS JENNIFER 1156 MERRILL ST OSHKOSH 22-647 WHITAKER SETH 3264 OREGON ST OSHKOSH 22-646 WITT JOANNE N9378 EXPLORATION AVE APPLETON 22-636 MARCH 28, 2023 FIRST READING APRIL 11, 2023 SECOND READING 23-154 23-169 ORDINANCE (CARRIED 6 – 0 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 FIRST READING APRIL 11, 2023 SECOND READING 23-154 23-169 ORDINANCE 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 FIRST READING APRIL 11, 2023 SECOND READING 23-155 23-170 ORDINANCE (CARRIED 6 – 0 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 APRIL 11, 2023 FIRST READING SECOND READING 23-155 23-170 ORDINANCE 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 APRIL 11, 2023 FIRST READING NO ACTION TAKEN 23-171 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: REPEAL AND RECREATE CHAPTER 4 ARTICLE IV PERTAINING TO ALCOHOL BEVERAGES - ISSUANCE OF OPERATOR’S LICENSES INITIATED BY: CITY CLERK A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER 4 ARTICLE IV PERTAINING TO ALCOHOL BEVERAGES - ISSUANCE OF OPERATOR’S LICENSES The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Chapter 4 Article IV Pertaining to Alcohol Beverages - Issuance of Operator’s Licenses is hereby repealed and recreated as shown on the attachment to this ordinance SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-XX on April 25, 2023, REPEAL AND RECREATE CHAPTER 4 ARTICLE IV PERTAINING TO ALCOHOL BEVERAGES - ISSUANCE OF OPERATOR’S LICENSES (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER 4 ARTICLE IV PERTAINING TO ALCOHOL BEVERAGES - ISSUANCE OF OPERATOR’S LICENSES). The ordinance updates city code provisions pertaining to the issuance of operator’s licenses to serve alcohol beverages to reflect current state statutes; authorizes the City Clerk to issue temporary, provisional and regular operators licenses to those applicants meeting all statutory and ordinance requirements and provides an appeal process to the city council for persons who may be denied an operators license through the administrative process. APRIL 11, 2023 FIRST READING 23-171 ORDINANCE CONT’D The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO: Honorable Mayor and Members of the Common Council FROM: Lynn Lorenson, City Attorney DATE: April 6, 2023 RE: Repeal and Recreate Chapter 4 Article IV Pertaining to Alcohol Beverages - Issuance of Operator’s Licenses BACKGROUND Section 125.17(1) of the Wisconsin Statutes permits a municipality to designate an official authorized to issue Operator’s Licenses for service of alcohol beverages. The City Clerk is recommending that the Council authorize the City Clerk to issue operator’s licenses pursuant to this section of the statute for those persons who meet all statutory and ordinance requirements for the issuance of an operator’s license. ANALYSIS Staff reviewed the current Municipal Code for the purpose of authorizing the City Clerk to issue operators licenses. Staff recommends creation of a new section of the Code numbered 4-17.2 to authorize the City Clerk to issue operators licenses for persons meeting all statutory and ordinance requirements and to set forth an appeal process for persons who might be denied a license through this staff administrative process. This process will allow for quicker issuance of operator’s licenses which will no longer need to wait for formal Council approval. In addition, staff recommends bringing the code up to date with current Wisconsin Statutes as well as reorganizing and separating provisions for issuance of temporary and provisional licenses from regular operator licenses for clarity. A copy of an annotated redlined version of the proposed ordinance changes and clean copy of the revised ordinance are included with this memorandum. FISCAL IMPACT The proposed changes allow issuance of operator’s licenses directly by the City Clerk. There is some time savings in the preparation of council items, but there is no substantial fiscal impact anticipated from passage of this ordinance. RECOMMENDATION It is recommended that the Council approve the proposed amendments to Chapter 4 Article IV pertaining to Alcohol Beverages – Operator’s Licenses within the City of Oshkosh. Respectfully Submitted, Approved: Lynn Lorenson, City Attorney Mark A. Rohloff, City Manager ARTICLE IV. OPERATOR'S LICENSES SECTION 4-15 OPERATOR LICENSES REQUIRED No licensed premises may be open for business unless there is upon the premises the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any fermented malt beverages or intoxicating liquor to customers. For the purpose of this Section, any member of the licensee's immediate family who is at least eighteen years of age shall be considered the holder of an operator's license. No person may serve fermented malt beverages or intoxicating liquor in any licensed premises unless the person has an operator's license or is at least 18 years of age and is under the direct and immediate supervision of the licensee or agent or a person holding an operator's license. SECTION 4-16 APPLICATION FOR OPERATOR'S LICENSE A written application shall be filed with the City Clerk with such pertinent information as the City Clerk may require. The applicant shall pay the prescribed fee at the time of application. All applications shall be approved by the Chief of Police or the Chief's designee before consideration by the City Council. Applications shall be valid for a period of sixty (60) days. (A) SECTION 4-17 ISSUANCE OF TEMPORARY AND PROVISIONAL OPERATOR'S LICENSES (A) The Common Council shall grant the operator's license only to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time, at which time the City Clerk shall then issue the license. (B) Where new application is made for a licensed premises on behalf of an individual, the individual shall successfully complete a responsible beverage server training course within sixty (60) days from the filing of the application with the City Clerk. The same shall be required for each partner of an application filed by a partnership, and for an agent of an application filed by a corporation, and for an agent of a Special Class "B" license. (C)(A) The City Clerk or designee may issue a temporary operator's license subject to the following conditions: (1) A written application shall be filed with the City Clerk by the person requesting said application with such pertinent information as the City Clerk may require. (2) At the time of application, the applicant shall pay a fee in the amount of two dollars Commented [LL1]: Moved into review section below Commented [LL2]: Separating issuance of temporary and provisional operator’s licenses from regular operator’s licenses Commented [LL3]: 125.17(1) allows the City by ordinance to authorize a municipal official to issue operator’s licenses – this provision is deleted to authorize the City Clerk to issue licenses in section 4-17.2 below with a process including appeal of denials to the council Commented [LL4]: Deleted – section 125.04(5) sets forth requirements for applicants/applications, per 125.17 the City shall issue a license to persons meeting those requirements. Commented [LL5]: Revised to reflect provisions of Section 125.17(4)Wis Stats ($2.00). (3) Temporary operator’s licenses may be issued without the requirement to attend a responsible beverage server training course. (3)(4) A temporary operator's license shall be valid for fourteen (14) days and shall be issued only to operators employed by, or donating their services to, holders of Special Class "B" licenses under this code. A person holding a temporary operator’s license granted under this paragraph may serve alcohol beverages within the Special Class “B” licensed premises without another licensed bartender present. (4)(5) No person may hold more than one two (2) temporary licenses per calendar year. (D)(B) The City Clerk or designee may issue a provisional operator's license subject to the following conditions: (1) A provisional license may be issued only to a person who has applied for an operator's license as provided by this Chapter and who provides proof of enrollment to take a Wisconsin Responsible Beverage Server Training Course or has a current valid operator’s license issued by another Wisconsin community. (2) A provisional license shall expire 60 days after its date of issuance or when the City Clerk issues a regular operator’s license in accordance with this Chapter or when the Common Council grants a regular operator's license to the holder, whichever is sooner. The official who issued the provisional license may revoke the license if the official discovers that the holder of the license made a false statement on the application. (3) The fee for a provisional license shall be $5.00 which is paid to the City Treasurer at the time application is made. (3)(4) A person holding a provisional license may serve alcohol beverages within a licensed premises without another licensed bartender present. Section 4-17.2 ISSUANCE OF OPERATOR’S LICENSES The Common Council hereby grants to the City Clerk the authority to issue operator’s licenses to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time. The Chief of Police or the Chief’s designee shall review all applications for operator’s licenses prior to issuance to determine whether the applicant meets all requirements and is a proper person to be the recipient of a license. The Chief of Police or designee shall report their findings and recommendation to the City Clerk whether the license should be granted or denied. Upon completion of the application, recommendation by the Chief of Police or the Chief’s designee to issue the license and payment of the appropriate fee, the City Clerk may issue the operator’s license. Commented [LL6]: Revised to reflect provisions of 125.17(5) Wis. Stats. Commented [LL7]: New section for Regular Operator’s Licenses Commented [LL8]: Authorizes the City Clerk to issue Operator’s Licenses consistent with §125.17(1) Wis. Stats. and sets out procedure for doing so If the recommendation of the Chief or Chief’s designee is to deny the license, or the City Clerk determines for non-payment of fee, failure to complete the required responsible beverage server training course, or other reason to deny the license, the City Clerk shall notify the applicant in writing of the decision to deny the license and the reason(s) therefore and informing the applicant that the applicant may request that the license approval be placed upon the council agenda for review and determination by the City Council. Requests for review shall be made in writing, be signed by the applicant, and shall be placed upon the council agenda for review and determination as soon as practicable. If the City Council determines not to issue an operator’s license the Council shall direct that the applicant be notified in writing of the refusal to issue and the reasons for the decision. SECTION 4-18 FEES AND EXPIRATION FOR OPERATOR'S LICENSE The fee for an operator's initial license shall be Sixty Dollars ($60.00) for a two-year period or fraction thereof. The fee for an operator's renewal license shall be Fifty-five Dollars ($55.00) for a two year period or fraction thereof. The fee for a duplicate operator's license shall be Fifteen Dollars ($15.00). Every operator's license shall expire on the 30th day of June prior to the expiration of the two-year period from the date of issuance. Operator's licenses shall be signed issued and signed by the City Clerk, and issued after approval thereof by the City Clerk or by the Common Council, in accordance with this Chapter. SECTION 4-19 SUSPENSION, NON-RENEWAL OR REVOCATION OF OPERATOR'S LICENSE Any violation of any of the terms or provisions of this Section by any person holding an operator's license shall be cause for suspension, non-renewal or revocation of said license. The provisions of Section 125.12 of the Wisconsin Statutes shall apply to any revocation such proceeding under this section. Commented [LL9]: Appeal to Council for persons who may be denied an operator’s license Commented [LL10]: Revised to reflect that licenses may be issued after approval by the Clerk or Council Commented [LL11]: Revised to reflect violations may result in suspension, non-renewals or revocation of licenses ARTICLE IV. OPERATOR'S LICENSES SECTION 4-15 OPERATOR LICENSES REQUIRED No licensed premises may be open for business unless there is upon the premises the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any fermented malt beverages or intoxicating liquor to customers. For the purpose of this Section, any member of the licensee's immediate family who is at least eighteen years of age shall be considered the holder of an operator's license. No person may serve fermented malt beverages or intoxicating liquor in any licensed premises unless the person has an operator's license or is at least 18 years of age and is under the direct and immediate supervision of the licensee or agent or a person holding an operator's license. SECTION 4-16 APPLICATION FOR OPERATOR'S LICENSE A written application shall be filed with the City Clerk with such pertinent information as the City Clerk may require. The applicant shall pay the prescribed fee at the time of application. Applications shall be valid for a period of sixty (60) days. SECTION 4-17 ISSUANCE OF TEMPORARY AND PROVISIONAL OPERATOR'S LICENSES (A) The City Clerk or designee may issue a temporary operator's license subject to the following conditions: (1) A written application shall be filed with the City Clerk by the person requesting said application with such pertinent information as the City Clerk may require. (2) At the time of application, the applicant shall pay a fee in the amount of two dollars ($2.00). (3) Temporary operator’s licenses may be issued without the requirement to attend a responsible beverage server training course. (4) A temporary operator's license shall be valid for fourteen (14) days and shall be issued only to operators employed by, or donating their services to, holders of Special Class "B" licenses under this code. A person holding a temporary operator’s license granted under this paragraph may serve alcohol beverages within the Special Class “B” licensed premises without another licensed bartender present. (5) No person may hold more than two (2) temporary licenses per calendar year. (B) The City Clerk or designee may issue a provisional operator's license subject to the following conditions: (1) A provisional license may be issued only to a person who has applied for an operator's license as provided by this Chapter and who provides proof of enrollment to take a Wisconsin Responsible Beverage Server Training Course or has a current valid operator’s license issued by another Wisconsin community. (2) A provisional license shall expire 60 days after its date of issuance or when the City Clerk issues a regular operator’s license in accordance with this Chapter or when the Common Council grants a regular operator's license to the holder, whichever is sooner. The official who issued the provisional license may revoke the license if the official discovers that the holder of the license made a false statement on the application. (3) The fee for a provisional license shall be $5.00 which is paid to the City Treasurer at the time application is made. (4) A person holding a provisional license may serve alcohol beverages within a licensed premises without another licensed bartender present. SECTION 4-17.2 ISSUANCE OF OPERATOR’S LICENSES The Common Council hereby grants to the City Clerk the authority to issue operator’s licenses to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time. The Chief of Police or the Chief’s designee shall review all applications for operator’s licenses prior to issuance to determine whether the applicant meets all requirements and is a proper person to be the recipient of a license. The Chief of Police or designee shall report their findings and recommendation to the City Clerk whether the license should be granted or denied. Upon completion of the application, recommendation by the Chief of Police or the Chief’s designee to issue the license and payment of the appropriate fee, the City Clerk may issue the operator’s license. If the recommendation of the Chief or Chief’s designee is to deny the license, or the City Clerk determines for non-payment of fee, failure to complete the required responsible beverage server training course, or other reason to deny the license, the City Clerk shall notify the applicant in writing of the decision to deny the license and the reason(s) therefore and informing the applicant that the applicant may request that the license approval be placed upon the council agenda for review and determination by the City Council. Requests for review shall be made in writing, be signed by the applicant, and shall be placed upon the council agenda for review and determination as soon as practicable. If the City Council determines not to issue an operator’s license the Council shall direct that the applicant be notified in writing of the refusal to issue and the reasons for the decision. SECTION 4-18 FEES AND EXPIRATION FOR OPERATOR'S LICENSE The fee for an operator's initial license shall be Sixty Dollars ($60.00) for a two-year period or fraction thereof. The fee for an operator's renewal license shall be Fifty-five Dollars ($55.00) for a two year period or fraction thereof. The fee for a duplicate operator's license shall be Fifteen Dollars ($15.00). Every operator's license shall expire on the 30th day of June prior to the expiration of the two-year period from the date of issuance. Operator's licenses shall be issued and signed by the City Clerk, after approval thereof by the City Clerk or by the Common Council, in accordance with this Chapter. SECTION 4-19 SUSPENSION, NON-RENEWAL OR REVOCATION OF OPERATOR'S LICENSE Any violation of any of the terms or provisions of this Section by any person holding an operator's license shall be cause for suspension, non-renewal or revocation of said license. The provisions of Section 125.12 of the Wisconsin Statutes shall apply to any such proceeding under this section. APRIL 11, 2023 23-172 RESOLUTION (CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPO SE: INITIATED BY: CITY SPONSORSHIP OF THE N.E.W. DRA GON BOAT RACE FESTIVAL ON SEPTEMBER 16, 2023 ADMINISTRATIVE SERVICES WHER EAS, the City of Oshkosh's municipal code Section 2-41 was approved by Common Council action on June 9, 2020, creating a Diversity, Equity and Inclusion Com mittee; and WHER EAS, the Diversity, Equity and Inclusion Committee's duties include im plementing a public education plan, and actively planning, sponsoring and participating in events that promote and celebrate diversity; and WHER EA S, the Diversity, Equity and Inclusion Committee recommends City sponsorship of the N.E.W. Dragon Boat Race Festival scheduled to be held at the Oshkosh Leach Amphitheater on September 16, 2023; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the pro per City officials are hereby authorized to pro vide sponsorship of this event through use of the Leach Amphitheater and coverage utilizing the City's insurance at no cost to the event holders. 4A r Oshkosh TO: FROM: DATE: RE: Honorable Mayor and Members of the Common Council John Fitzpatrick, Assistant City Manager/Director of Administrative Services April 6, 2023 City Sponsorship of the N.E.W. Dragon Boat Race Festival on September 16, 2023 BACKGROUND Common council approved Section 2-41 of the City of Oshkosh Municipal Code on June 9, 2020 creating the Diversity, Equity and Inclusion Committee (DEi Committee). The DEi Committee's duties include implementing a public education plan, and actively planning, sponsoring and participating in events that promote and celebrate diversity. The DEi Committee recently voted to recommend City sponsorship of an upcoming community event called the N.E.W. Dragon Boat Race Festival. The event is described as "an outdoor event that celebrates the diverse communities of Northeast Wisconsin. The festival welcomes newcomers to the region by promoting community-wide social connectedness and belonging, and boosting local economies through a conscious curation of multi-ethnic food fair, cultural arts and performances, immersive activities, global vender market, and affinity fair." The festival is to take place at the Oshkosh Leach Amphitheater on September 16, 2023. The recommendation by the committee is for the City to sponsor this event through use of the Leach Amphitheat er and coverage utilizing the City's insurance at no cost to the event holders. FISCAL IMP ACT Angie Lee, the Chairperson of the DEi committee and member of the planning committee for the festival, indicated that costs of the festival to the event holders could be up to $100,000 with approximately $30,000 needed for rental of the dragon boats. Staff and the DEi committee were not provided with a budget. The DEi Committee did not recommend any monetary resources to be provided by the City for the festival. 4 The Finan ce Departm ent noted that an outside group may not utilize the cities tax exempt ID num ber unless the City is the fiscal agent for all funds collected and disbursed. Ms. Lee has stated that her planning committee will manage these funds. Staff has not been able to confirm if this group has its own tax-exempt ID. RECOMMENDATION The Diversity, Equity and Inclusion committee recommends the City provide sponsorship of this event through use of the Leach Amphitheater at no cost, and to be covered for liability thro ugh the City's insurance. Please let me know if you have any questions regarding this matter and thank you as always for your assistance and support. Respectfully Subm itted, ,e Appro ved: atrick Assistant City M anager / Director of Adm inis trative Services Mark A. Rohloff City Man ager 2 APRIL 11, 2023 23-173 RESOLUTION CARRIED 6 – 0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN FOR A MULTI- FAMILY DEVELOPMENT AT THE WEST 3400 BLOCK OF LAKE BUTTE DES MORTS DRIVE INITIATED BY: ISG, INC., JEANA KEDROWSKI PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the Plan Commission finds that the General Development Plan for a multi-family development at the West 3400 Block of Lake Butte des Morts Drive, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan for a multi-family development at the West 3400 Block of Lake Butte des Morts Drive, per the attached, is hereby approved with the following findings: 1. The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 2. The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) 3. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. 4. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 5. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. APRIL 11, 2023 23-173 RESOLUTION CONT’D 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. BE IT FURTHER RESOLVED that the following is a condition of approval for a General Development Plan for a multi-family development at the West 3400 Block of Lake Butte des Morts Drive: 1. Base Standard Modification to allow 4-unit townhouse, 40-unit apartment and 82-unit apartment uses in the NMU-PD Zoning District. 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 9, 2023 RE: Approve General Development Plan for a Multi-Family Development at the West 3400 Block of Lake Butte des Morts Drive BACKGROUND The applicant requests approval of a General Development Plan for a six-phase multi-family development located at the West 3400 Block of Lake Butte de Morts Drive with multiple types of housing. The subject area consists of five lots totaling 72.50 acres of predominantly vacant land on the west side of Lake Butte des Morts Drive and east of the Lake Butte des Morts waterbody. The properties are zoned Neighborhood Mixed Use with a Planned Development Overlay (NMU-PD). The site is rather isolated from other developments and just recently had water and sanitary sewer service installed along Lake Butte des Morts Drive in front of the site. The area to the east and to the south consists of the Interstate 41/U.S. Highway 45 interchange infrastructure. Lake Butte des Morts, wetlands, and the Wiouwash Trail are located to the west. Vacant tracts of land, wetlands, and a creek are located to the north. The only nearby development is lakefront residential housing to the southwest located more than 500 feet away in the Town of Oshkosh. The 2040 Comprehensive Land Use Plan recommends Mixed Use Development for the subject area. ANALYSIS The applicant is proposing a mixed-type residential development consisting of five (5) four-story, 82- unit apartment buildings, two (2) four-story, 40-unit apartment buildings and eight (8) two-story, 4-unit townhomes totaling 522 units. Plans also show a centrally located clubhouse, several off -street parking areas, and other amenities for residents. The proposed development includes the dedication of an approximately 1,800-foot-long public street looping through the development with two connections to Lake Butte des Morts Drive. The new street will allow for utility services to the back acreage as later phases develop. The street will also provide better traffic flow for residents to and from the site. Several driveways are connected to the proposed street, leading to either surface or underground parking for the apartments or to provide access to the townhouses. Plans show one driveway connected to Lake Butte des Morts Drive which will serve the Phase 1 apartments and clubhouse. The proposal calls for this development to occur over six phases over multiple years. Phase 1 will consist of two (2) 40-unit apartments and clubhouse. A new lot for this phase will be created with parts of four of the five existing lots via Certified Survey Map (CSM). Two short street segments connecting to Lake Butte des Morts Drive will also be dedicated. The remnant lands will be reconfigured by subdivision plat, divided into the five subsequent phases afterward. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Apartment buildings over four units require a Base Standard Modification in the NMU-PD District. Townhouses consisting of 3-4 units which are shown in Phases 4 and 5 are a Conditional Use in the NMU-PD District. Staff does not have concerns with the proposed mixed multi-family residential uses and support the BSM as the proposed uses are consistent with the Mixed Use 2040 Comprehensive Land Use Plan recommendation. Base standard modifications will be needed for various setback deficiencies related to the proposed internal lot lines. As each phase develops, new proposed lot lines appear to be located so that buildings and structures are within the required side and rear yard setbacks. Also, several buildings appear to be located within the 25-foot front yard setback along the proposed street. Staff is not too concerned with the internal reduced setbacks as the site essentially functions as a single development. However, staff will have to consider the reduced front yard setbacks to determine if they are warranted and supportable. This will be addressed as each phase is submitted for their SIP approval. The heights of the apartment buildings are shown to surpass 59 feet, exceeding the 35-foot maximum height permitted in the NMU District. This will also be addressed with each SIP submittal by potential BSMs. PLAN COMMISSION The March 7, 2023 Plan Commission meeting involved significant discussion related to the proposed development. During the public hearing, multiple neighbors raised concerns related to a number of issues including environmental impacts, anticipated traffic, density, notification to the town residents, and opposition to multi-family housing in the area. Based on the information provided durin g the hearing, some Plan Commission members also raised concerns related to density, anticipated traffic, and environmental impacts. The applicant provided all required documents related to a General Development Plan request and City staff proactively increased the notification area beyond the typical notification distance. The attached minutes provide further information related to the comments shared by neighbors during the meeting. FISCAL IMPACT Approval of this project will result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $96 million on the proposed project. RECOMMENDATION The Plan Commission recommended approval of the General Development Plan with findings and conditions on March 7, 2023. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: GENERAL DEVELOPMENT PLAN APPROVAL FOR A MULTI-FAMILY DEVELOPMENT AT THE WEST 3400 BLOCK OF LAKE BUTTE DES MORTS DRIVE Plan Commission meeting of March 7, 2023. GENERAL INFORMATION Applicant: Jeana Kedrowski, ISG, Inc. Owner: Red Earth, LLC Action(s) Requested: The applicant requests approval for a Six-Phase General Development Plan (GDP) for a multi- family development. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of five lots totaling 72.50 acres of predominantly vacant land on the west side of Lake Butte des Morts Drive and east of Lake Butte des Morts. The properties are zoned Neighborhood Mixed Use with a Planned Development Overlay (NMU-PD). The site is rather isolated from other developments. The area to the east and to the south consist of the Interstate 41/U.S. Highway 45 interchange, Lake Butte des Morts to the west, and vacant tracts of land to the north. The only nearby development is lakefront residential housing to the southwest. The 2040 Comprehensive Land Use Plan recommends Mixed Use Development for the subject area. Subject Site Existing Land Use Zoning Single Family, Agricultural, Vacant Neighborhood Mixed Use District with Planned Development Overlay (NMU-PD) Recognized Neighborhood Organizations NA Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Single Family Residential – 5 (SR-5) South Vacant General Business District (B-3, Town of Oshkosh) East U.S. Highway 45 NA ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 2 West WIOUWASH Recreational Trail General Agriculture District (A-2, Town of Oshkosh) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Mixed Use ANALYSIS - GDP Use/Site Design The applicant is proposing a mixed-use residential development consisting of five four-story, 82- unit apartment buildings, two four-story, 40-unit apartment buildings and eight two-story, 4-unit townhomes totaling 522 units. Plans also show a centrally located clubhouse, several off-street parking areas, and other amenities for residents. The proposed development includes dedication of an approximately 1,800-foot-long public street looping through the development with two connections to Lake Butte des Morts Drive. The new street will allow for utility services to the back acreage as later phases develop. The street will also provide better traffic flow for residents to and from the site. Several driveways are connected to the proposed street, leading to either surface or underground parking for the apartments or to Overall Site Plan ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 3 provide access to the townhouses. Plans show one driveway connected to Lake Butte des Morts Drive which will serve the Phase 1 apartments and clubhouse. The proposal calls for this development to occur over six phases. Phase 1 will consist of two 40- unit apartments and clubhouse. A new lot for this phase will be created with parts of four of the five existing lots via Certified Survey Map (CSM). Two short street segments connecting to Lake Butte des Morts Drive will also be dedicated. The remnant lands will be reconfigured by subdivision plat, divided into the five subsequent phases afterward. The remainder of the street dedication will also take place with the final platting. Apartment buildings over four units are not permitted in the NMU-PD District so a BSM will be required for the proposed use. Townhouses consisting of 3-4 units which are shown in Phases 4 and 5 are a Conditional Use in the NMU-PD District. Phase 4 on the west side of the proposed public street consists of three principal structures making this a group development, which is also a Conditional Use. Similarly, Phase 5, which is split in two by the street, contains three principal structures. Staff do not have concerns with the proposed mixed multi-family residential uses and support the BSM as the proposed uses are consistent with the Mixed Use 2040 Comprehensive Land Use Plan recommendation. The site plan meets density and impervious surface requirements for the NMU District. The plan shows a mix of surface and underground parking. The number of stalls provided exceeds the minimum requirement of one stall per unit plus one guest stall for every four units. The plans do not show any dumpster enclosure locations. This will be addressed during review of the SIP submittals for each phase. Development Phases ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 4 Required Provided Parking Spaces Minimum: 653 867 Impervious Surface Maximum: 50% of lot 32% of lot Density Maximum: 2,632 Dwelling Units (36 units per acre) 522 Dwelling Units (7.2 units per acre) Minimum Required Minimum Provided Front Setback 25 ft. Various Deficiencies Side Setback 7.5 ft. Various Deficiencies Rear Setback 25 ft. Various Deficiencies Base standard modifications will be needed for various setback deficiencies. As each phase develops, new proposed lot lines appear to be located as to result in buildings and structures being within required side and rear yard setbacks. Also, several buildings appear to be located within the 25-foot front yard setback along the proposed street. Staff is not too concerned with the internal reduced setbacks as the site essentially functions as a single development. However, staff will have to consider the reduced front yard setbacks to determine if they are warranted and supportable. This will be addressed as each phase is submitted for their SIP approval. Signage Sign renderings were not included with this request. Final sign plans will be reviewed as part of the SIP requests and Site Plan Review Process. Landscaping A landscape plan for the whole development was submitted with this request. Proposed plantings include a variety of deciduous, ornamental, and evergreen trees as well as shrubs and perennials. Several trees are located within the terrace area of the proposed street which will not count towards their minimum requirement. The City’s subdivision regulations require a terrace tree plan outside of the development’s internal landscaping required by code. Final landscape plans will be required and reviewed with each phase as they are submitted for SIP approval. The terrace tree plan will be submitted with the proposed plat and reviewed by the City Forester. Landscape Plan ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 5 Storm Water Management/Utilities Stormwater management plans for the whole development have been submitted. The Department of Public Works noted that final plans will need to comply with Chapter 14 Storm Water Management requirements and stormwater from the newly paved areas shall be collected and conveyed. This will be addressed during the SIP and Site Plan Review processes. Site Lighting A photometric lighting plan was not submitted with the GDP request. Final lighting plans will be reviewed as part of the phased SIP requests. Building Facades Building elevation plans were submitted as part of this request. The proposed buildings are clad with a mix of composite siding and brick veneer. It appears the total area devoted to windows and doors well exceeds the 20% minimum requirement. The plans show ample articulation with numerous vertical changes of materials and structural projections and recesses. Final elevations ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 6 will be submitted as part of each SIP phase and will be reviewed for compliance with multi- family residential design standards. The heights of the apartment buildings are shown to surpass 59 feet, exceeding the 35-foot maximum height permitted in the NMU District. This will be addressed with each SIP submittal by a potential BSM. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 7 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. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 8 (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the General Development Plan with the findings listed above and the following condition: 1. Base Standard Modification to allow 4-unit townhouse, 40-unit apartment and 82-unit apartment uses in the NMU-PD Zoning District. The Plan Commission recommended approval of the General Development Plan on March 7, 2023. The following is their discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Davey, Ms. Propp and Mr. Perry all reported visiting the site. Staff report accepted as part of the record. The applicant requests approval for a Six-Phase General Development Plan (GDP) for a multi- family development. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The applicant is proposing a mixed-use residential development consisting of five four-story, 82-unit apartment buildings, two four-story, 40-unit apartment buildings and eight two-story, 4-unit townhomes totaling 522 units. Plans also show a centrally located clubhouse, several off-street parking areas and other amenities for residents. Staff recommends approval with the findings and conditions as listed in the staff report. Ms. Scheuermann asked if the required trees in the terrace don’t count toward their overall plan. Mr. Nau replied the trees located in the terrace are on public property and it’s a separate requirement from the subdivision. Ms. Propp asked if all of the development will be contained on the farmland. Mr. Nau replied affirmatively, adding there has been a wetland delineation which pretty much mirrors the farmed area. Everything that hasn’t been farmed is deemed wetland, so they won’t be allowed to develop any of that. Ms. Propp asked if there are sewer and water lines already. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 9 Mr. Lyons replied they are being extended now. Ms. Propp asked where the green space will be located. Mr. Lyons replied there are planned recreational space areas. Mr. Mitchell asked if they would be able to develop on the wetlands in the future. Mr. Lyons replied the proposed development plan does not include wetlands, so they would need to return for approval if they wanted to include wetlands. The ability and financial resources to develop in those areas is also very limited. Mr. Mitchell asked if they know the number of units that will serve families that are at 30%-80% county median income and how many of the units are accessible. Mr. Lyons replied they can provide that information with the SIP process. Mr. Mitchell asked if they could ever include modifications requiring accessible units or units for lower income families. Mr. Lyons replied the unit design and who lives in the units is not land use related. Base standard modifications and conditions need to be land use related. Mr. Kiefer asked if any traffic studies were completed. Mr. Lyons replied the traffic count for Lake Butte des Morts Drive is 410. Staff did not see the need for a traffic impact analysis based on the existing road network. Mr. Perry asked if it is premature to consider this before Public Works reviews the storm water management plan. It’s very wet out there, especially the northern portion where there’s standing water right now. There are impervious surfaces and also rooftops discharging water. Frequently in the spring and sometimes in the summer there’s standing water on the north end of the farm field that’s just plowed over because crops just can’t grow. That is a huge concern for him. Even though the wetland is delineated, there is signification seasonal expansion to the wetland. Mr. Lyons replied the purpose of the GDP is to determine if the land use makes sense out there. The SIP is the area to address storm water. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Jake Buswell, Red Earth LLC, thanked city staff for their efforts over the last two years. He believes this is a perfect use for this farm field, which currently has an old farmhouse falling over on it. The site is isolated and there aren’t neighbors on top of it. There are 72 acres overall, but ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 10 only 20 of them are buildable. There’s a buffer of many acres between the site and other property owners. They aren’t building on the wetlands and that would not be permitted by the DNR. There will be a large pond to collect a large portion of the storm water. The northern part of the site is a little low, but they’ll be able to use the surrounding soils to build up the site so that it flows properly. For the timeline, the first phase is one and half to two years out depending on when they start. It’s a long project and each phase is a multi-year project. It will take eight to ten years to complete all the phases. As far as ADA units, he doesn’t have any specifics, but they do accommodate ADA needs and customize units for tenants with those needs. They chose this area due to the shortfall of housing available for households making $75,000 and above. The city is lacking thousands of units for those households currently. James Rescheske, 3051 Bellaire Lane, Town of Oshkosh, stated he was one of the individuals who received the letter last week Monday. It was shocking to all of them. Within a half a mile to the southwest, there are 90 single-family units and within a half a mile to the northwest, there are about 100 single-family units. That’s almost 200 single-family units that can see this place. The bright parking lot lights that were mentioned will be in the direct line of sight of at least half of the single-family units. The last thing he wants to see are bright lights in his back yard. Everyone facing the development is going to see bright lights all the time from those parking lots. They mentioned an environmental impact statement from the DNR has not been done and he doesn’t know why that is because it should be. It is surrounded by very sensitive wetlands and there are thousands of migrating waterfowl every spring and every fall. This will disrupt all of that. He also doesn’t know why the DOT didn’t provide a traffic impact assessment yet. He thinks that would be warranted because it’s a high impact and density development that will change the whole character of Lake Butte des Morts Drive. According to the US Census Bureau, the average household has 1.88 vehicles per family unit which equates to 981 vehicles for the 866 proposed stalls. He asked where everyone else is going to park because that doesn’t include visitors. There will be 1,247 more people saturating this area and 2,610 more vehicles on Lake Butte des Morts Drive on any given day. Two parts of the building included in the second phase are in the 100- year floodplain and as a residential owner, he could not change the existing grade to build a house. This is a 522-unit high-density development on 72 acres of land within a half a mile of approximately 200 single-family units. He can’t see how this fits in. He has more things he wants to discuss with the next agenda item. He knows he is speaking for most of the residents around him and on the other side to the northwest. They’re not happy about this because it’s going to dramatically change to the dynamic of a nice, peaceful lakeshore community. Every time someone is out there fishing or waterskiing, they’re going to look over toward the bridge crossing on the trail and all they’re going to see is this big, and frankly ugly, development. They can make the buildings as pretty as they want, but they’re still four-story high density capacity buildings. No one here is in favor of that and they’ll object every step of the way. Jodene Giacomini, 3061 Bellaire Lane, Town of Oshkosh, stated she has some questions as she’s unfamiliar with this. She’s also new to the community and asked that they keep that in mind. With the location that it’s in and where it sits right now, the western and northern views from the property are highly impacted by this. The decision to purchase the property would have been different had she known about this. She’s one person and not everyone has that opinion. She is ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 11 only asking these questions for her as a new resident. She asked for confirmation that 20 of the total 72.5 total acres are buildable. Mr. Lyons replied affirmatively. Ms. Giacomini asked how long ago the area was zoned for mixed-use development as opposed to the lakefront residential housing that was mentioned. Mr. Lyons replied it has been zoned for commercial development since at least 2008, but he would have to go back and check before then. Ms. Giacomini asked how long it has been zoned mixed-use. Mr. Lyons replied the mixed-use designation resulted from a zoning code update in 2017. Ms. Giacomini stated some of the concern is related to the development phases and a transportation plan for those areas. She belongs to a church that located in the same area. The number of cars coming off of Hwy 45 just on a Sunday morning to pass to the west to get into the church parking lot is already to the point of needing a roundabout or something similar. It’s already going on without any additional development. She’s also concerned about the dumpster enclosure locations. She understands wanting those to be as close to the wetlands as possible, but that also means they’re close to the residential properties as well. Mr. Nau replied the dumpster enclosures are going to be in the underground parking area so there won’t be any outdoor dumpster enclosures. Ms. Giacomini asked if the same people are going to get the same notices via US mail for the SIPs and if all of the SIPs have been developed for each phase. Mr. Lyons replied if the GDP is approved, notices will be sent out for each phase of SIP approval and they will need to go through this process again. The SIP for Phase I is the next agenda item. Mr. Nau explained that Phase 1 includes the two apartment buildings and the clubhouse. Everything else is going to need to come back for approval. Ms. Giacomini asked which department monitors the lighting part of this. Mr. Lyons replied multiple departments including Planning, Public Works, and Parks are all involved with reviewing SIP requests. If the SIP is approved, it still needs to go through final site plan review which is an internal review where each department ensures the final plans meet various ordinances and codes. Ms. Giacomini stated she hopes this isn’t misconstrued, but based on the information that was given by one of the neighbors earlier, they’re talking roughly 200 residences in that area. She’s not discounting the price that was paid for their land she knows the properties require a certain ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 12 amount of financial responsibility. So, are they particular about the location of their properties? Yes, she thinks that’s the truth. She asked how many units are going to be leased, how many are going to be purchased, and what they are being called. Mr. Lyons replied they can have the developer help answer that. Ms. Giacomini stated that would be an important question because she thinks that with commitment comes responsibility. That’s not to say that some people don’t find it more beneficial to rent, but sometimes they don’t have as much skin in the game in terms of keeping the place nice. She thinks a lot of the neighbors might have the same concern. She asked about the buffers between this and the residential areas to the south and the north. Mr. Lyons replied in staff’s opinion, a large portion of the distance is in the natural areas that separating the two. This isn’t a multi-family development immediately adjacent to a single-family development. Ms. Giacomini asked how many feet there are between the wetlands and where the development begins. Mr. Nau replied approximately 500 feet. Ms. Giacomini asked if that would be from the northern most property. Mr. Nau replied it’s from the northern side of the Wiouwash Trail to the end of the wetlands. Ms. Giacomini asked about the lots across the street in the southern area. Mr. Lyons replied it’s around 60-70 feet because that’s the distance of the trail. Ms. Giacomini asked if the trail was in between there. Mr. Lyons replied affirmatively. Ms. Giacomini asked how much land that encompasses. Mr. Lyons replied it’s about 60 feet wide. Ms. Giacomini asked if it was owned by the public. Mr. Lyons replied it is owned by the county. Ms. Giacomini asked if that could not be disturbed in any way. Mr. Lyons replied affirmatively. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 13 Gary Bucholtz, 2811 Sunset Point Lane, Town of Oshkosh, stated he wanted to comment on Lake Butte des Morts Drive traffic. If you want to get into Oshkosh from that roundabout between 7:30 and 9:00 or 3:30 and 5:00, if you’re not coming down from Hwy 45 or coming out from the city, you sit at that roundabout for a while because there’s hundreds of UW-Oshkosh students coming through there in the mornings and evenings. Hundreds of cars are also coming from the prison and the Sherriff’s Office. Someone said the traffic is 409 vehicles. That might be true if you could space the cars, but you can’t. If you add 1,000 cars coming out of there morning and afternoon and if you’re coming off of Lake Butte de Morts Drive, you’re going to have to pack a sandwich because you won’t be home in time for supper. Adding 1,000 cars to that seems ludicrous to him. There’s just not enough lanes and traffic patterns to get the people in and out of the city in the morning and the night. He thinks they need to consider the traffic patterns. Rob Vacheresse, 2807 Sunset Point Lane, Town of Oshkosh, stated this whole plan should have ever seen the light of day. It may not affect anyone in the city, but it affects everybody in the town. Not one of them would say go ahead with this plan. If this was a single-family house, you wouldn’t have an objection from anyone. This is typical big city stuff. It doesn’t belong where they’re putting it. When he goes out on the end of his dock in the evening after dinner and he sits down and turns around and looks back into the bay, he’s going to see this project ruining a perfectly beautiful horizon. They’re in it for the money and he understands that, but where they’re doing it just isn’t a good place to be. It doesn’t belong there and if all of you examine your hearts, you’ll know it doesn’t belong there. Kristen Mueller, 3830 Shorebird Court, stated they just moved into their beautiful brand-new home that they just built two months ago. They saw this on the news last night and they feel very disheartened that there was not more information going into this. They looked into the zoning behind them and there was no talk about of any of this happening. This development has really taken the wind out of their sails and crushed their dreams. If you put four-story buildings there, it’s going to ruin everything. They’re going to have lights in their back yard and they won’t be able to see the nature that’s out there. She asked if they’re going to be large commercial parking lot lights or lampposts. She also asked if there was ever a consideration of single-family homes there because that’s what would be appropriate out there, not apartments. Oshkosh has so many apartments already that aren’t even filled. They have beautiful apartments down on the river that aren’t even filled and they’re going to build 500 more units. She asked what happens when the units don’t fill. Mr. Lyons replied the housing study commissioned by the city shows there is a need for the units. Obviously, the city or the developer can’t guarantee that every unit will fill, but the housing study indicates that the need exists. Ms. Mueller replied the study said there were going to be 3,200 new residents, but that doesn’t include all of the residents who are leaving. They just don’t see 1,000 new people moving in there. They put two new sump pumps into their house because already their neighbors on both sides have drainage issues and their sump pumps run all of the time. She asked how having underground parking will affect their house because they were not able to build up. They were told they couldn’t build up any higher, but yet this development can. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 14 Mr. Lyons replied they will have to go through the engineering and civil design to see if they can do it, but there are ways to accommodate that. The city has storm water requirements of everyone. In a commercial development, they cannot discharge their water across the bay over to you. It has to be contained on site and then discharged appropriately per code. Ms. Mueller asked if there has ever been consideration for single family homes there because that would be effective there. Mr. Lyons replied this lot has not been zoned for single-family. There is a long-range plan and single-family zoning for the area north, but not for this lot. Ms. Mueller asked if it could be if this doesn’t pass tonight. Mr. Lyons replied if a single-family developer was interested in purchasing it and developing it, they would need to evaluate that. Ms. Mueller stated she agrees with the traffic flow. Adding 800 new spots is going to be 800 new cars in a very small area. A traffic study will have to be done because you can’t have 800 cars in that small area. She asked what the rent price is. Mr. Lyons replied the developer can answer that. Ms. Mueller asked how far the proposed development will be from Shorebird Court and if it will be directly in their backyard. Mr. Lyons replied there’s about 1,500 feet between the developable area and Shorebird Court. Ms. Mueller asked for confirmation that it won’t be behind Shorebird Court and it doesn’t go up to the North Preserve in any of the phases. Mr. Nau replied affirmatively. Ms. Mueller asked about the zoning to the north behind Shorebird Court. Mr. Lyons replied it’s single-family residential. James Stevenson, 3825 Shorebird Court, stated they’re proposing 26 units per acre which seems kind of high-density to him. He searched for available apartments in close proximity to the Oshkosh Correctional Institution and he came across Logan Drive. Logan Drive has seen a crime rate to the extent that the Oshkosh Police Department established a satellite office within the building to prevent the crime occurring there. The potential for the same type of inhabitants and crime level exists with a density of 26 units per acre. That’s one of the concerns with the number of units. He’s not against the development of the property. It’s a beautiful piece of property. The ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 15 northwest end is wet all of the time, but so is the southwest end. That’s a concern and it’s probably going to need a lot of fill in that area. Dominic Collar, 2889 Sunset Point Lane, Town of Oshkosh, stated he started an economic development company 30 years ago. He currently works with the top 25 builders and developers in the state of Wisconsin. He has a staff that drives to all 368 municipal offices state of Wisconsin every two weeks to gather single-family and multi-family data. He completed a study for the Southeast Wisconsin Planning Commission. Madison won’t meet their needs for residential construction at their current rate for the next ten years. He wasn’t planning on speaking, but one of his biggest concerns is that they’re taking statistics from a 2021 housing study. You cannot ignore the fact that housing starts and multi-family starts in the last 90 days, and trending from the last 12 months, have dropped 60%-80%. He can share actual statistics that he receives from the City of Oshkosh every two weeks. He was looking at the statistics and this project just doesn’t make sense. There’s a brand-new subdivision off Hwy 45 that has approximately 25 new houses. A third of them have been for sale for more than 90 days and they’re dropping in price every month. The target for this is 1,300-1,500 square feet and they’re not selling. They’re dropping in price. Current economic conditions do not support this type of development. He doesn’t know if people realize there’s around 25-30 people who like to duck hunt out there almost every week. The land is definitely wet on both the north and south side. The first thing he said when he saw plan map is how are you going to build on this other than the 20 acres that are up by the road. He would like them to consider the current economic conditions before they make a decision. He has seen their developments in other markets and they build beautiful apartments, but not in areas like this. They’re in condensed areas that this type of project fits in. He’s 63 years old and he’s lived out there since he was a kid. It’ll change the area so dramatically and it’s not far enough away from either residential area to say it won’t have any effect. FedEx and UPS have terminals right on the other side of the roundabout. When he leaves in the morning, he’ll sometimes sit at that roundabout for ten minutes. It is totally irresponsible to move forward with this without a traffic study, an environmental study, and a real look at current housing needs in the city. Tom Castle, 2247 Ryf Road, stated he owns the property to the north and he also finds it necessary to do a traffic consideration. Castle Pierce is also his business and he thinks to go forward without understanding the traffic implications from a safety standpoint is irresponsible. He can’t tell you if he’s in favor or not. He’s not sure if this helps or hurts him financially. He knows it’s residential, but he does think there is a safety issue at that roundabout. He likes the idea of it being zoned single-family residential. Before voting, he thinks this group needs to understand the traffic pattern if they’re going to add 1,000 cars through five phases. He’s got regular semis driving from Ryf Road down to that roundabout probably seven to fifteen times per day. Bill Demler, 6625 Plummers Point Road, Town of Oshkosh, stated he’s a Town Board Supervisor. He asked if there is any chance this will become low-income housing when they don’t rent all of the apartments. Mr. Lyons replied this is not a tax-credit project and they need to go through that process prior to construction. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 16 Mr. Demler replied another issue the town has is there’s no access to Lake Butte des Morts on the east end. It’s not a boat landing, it’s just a road on the east end that goes to the lake. They have a lot of issues with people parking on their streets. He asked if there was going to be any public access through this property to get to the Wiouwash Trail because they don’t need anymore people thinking they can get on the ice from there. Their Plan Commission is set to convene on March 16th to address this issue. He asked for this to be tabled until they hear back from them. He can tell you firsthand the city has had no problem holding up a project they’ve been trying to do for four years, so he thinks they can wait a couple weeks to hear back from them. Ms. Propp asked where the road Mr. Demler mentioned is located. Mr. Demler replied its Edgewood Lane. They had the same issue on Westwind Road, but that was private property. It’s been shut down, but it’s funneling more traffic to Edgewood Lane. They’re working with the Parks Department on that. Mr. Bowen asked if their meeting on March 16th is to address the Edgewood Lane access. Mr. Demler replied it’s for this project. He just got notice of this a week ago Monday. They had no idea this was going on and they didn’t have time to discuss it with anyone. Mr. Bowen asked if this is on their agenda as a friendly advisory to the city. Mr. Demler replied affirmatively. Judith Berger, 3047 Bellaire Lane, Town of Oshkosh, stated not maintaining this as a low-density residential area is problematic for a lot of the reasons that have already been mentioned. If they’re targeting a $75,000 household income, that’s probably going to mean closer to two vehicles per unit so that needs to be taken into consideration. There’s no public transportation out there, there’s no sidewalk, and it’s not in walking distance so they’re going to be using vehicles. The height is a problem. Her family uses the trail and enjoy the wildlife. That will all change with the lighting and the height of the infrastructure. She would encourage everyone to pay attention to adequate water and sewer infrastructure. She would recommend having it outsourced and evaluated by another committee because she’s seen other projects fail nearby. Specifically, the 2600 Hearthstone and Vinland area and the runoff that comes from that farmland. She doesn’t feel like variances were followed. The wetlands being impacted is a concern for most people. Affordable housing is a community issue along with not knowing what would happen if those units don’t fill. School enrollment is another issue that hasn’t been addressed. Jim Erdman, 2492 Hickory Lane, Town of Oshkosh, stated he chairs the Town of Oshkosh Board. This was given to them on short notice and he’s just asking that this be tabled until their Plan Commission can make a recommendation. These folks here live in the Town of Oshkosh. This was annexed to the city several years ago. Had that not happened, this proposal would not be on the table and it wouldn’t have seen the light of day. It’s a political thing here because these folks have no legal standing on this decision and their government has no legal standing or even a seat ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 17 at the table. They’re only here to comment or advise. Their Plan Commission doesn’t have weekly or monthly meetings and they won’t able to meet until after Council is set to approve Phase I. The property was for sale for a long time and now someone has come in with an idea. Everybody who lives there knows progress is never progress for the people who live there. This is a multi-story development that doesn’t fit into the character of the surrounding area and waterfront homes that people have put their lives into for generations. They have their own sanitary district. The reason the city got out there in the first place is because cemetery districts were formed so they could reach out beyond city borders. It’s only good governing that you don’t blow everyone off because you can and because they’re not from the city. Their Plan Commission will hear these people out and make a recommendation on what type of development should occur there. It’s not single- family homes on one acre lots. There’s sewer and water being put in there now. This is an awfully out of place development for what is currently in the area. He thinks they need to revisit what they’re going to do here. He wishes the developers would come to their meeting to answer questions. The meetings are structured so that they present their project and people there can ask questions in a civil way. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Chris Rabe, ISG Inc., stated he is the civil engineer for the project. They are planning for sidewalk on the city street they’re putting in. Currently there isn’t any sidewalk on Lake Butte des Morts Drive, but they do have that in their plan for future accommodations. Storm water was mentioned multiple times as a big concern. Mr. Buswell mentioned there is a large pond going in as part of Phase I to manage the storm water. There are four other ponds along the perimeter going in with future phases. They’re in the process of having that reviewed by Public Works and the DNR. They’re making sure they’re capturing everything from their site and reducing the flow of the water to the wetlands to match what’s happening with existing conditions right now as well as cleaning the water before it enters the wetlands. The wetlands are the low area of the site, so they will be changing the topography of the existing field. The buildings would be the high spot and then the road throughout the center will be the overflow path to get to the ponds, which eventually make it to the wetlands. For the underground parking, they did several soil borings at the site which went down 40 feet and did not encounter ground water. The soils that are there are a thick clay, so water from the lake is not making it into their site. They’ve done research to make sure what they’re proposing is going to stay out of that groundwater. They’ve done a wetland delineation approved by the DNR, so they aren’t proposing any impacts to the wetland around the perimeter of the site. They have 867 parking stalls proposed for the site are based on parking ratios from existing developments with similar clienteles. They’re making sure they have enough parking spaces based on the existing data they have to work off of. Trash enclosures are going to be within the underground parking, so nothing will be visible from the site. The parking lots shown are going to have some lighting for safety. They’re not overdoing it like something you would see at Walmart. The lighting is for the safety of the residents so they can see and get into the buildings safely. They meet the city standards for lighting. In future phases, they’re looking at providing a kayak launch from the development so they’re not impacting anyone else’s property trying to get out to the lake. They’re also looking at a connection to the trail from this development so they’re not going through other people’s property trying to get to that. Sanitary ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 18 and water is being put in by the city currently. The sizes being put in are adequate for everything they’re proposing as part of this development. Mr. Perry asked if they’ve talked with the Wiouwash Trail people about getting access because it is very difficult to get access. It has taken years for other places to get permission. Mr. Buswell replied trail access will likely be in phase three or four, so it’s out many years out. The individual he talked with at the county encouraged the trail access and thought it was a great location for the development. He did not express any issues with it. The DNR has a special way of creating access without impeding the wetlands and the individual they talked with was okay with how their design for that access. Mr. Perry replied they would have to bridge it. Mr. Buswell replied exactly. He thinks there might be some people confused about the location of this site. There’s 500 plus feet of wetland between their property and the trail, so it would be an extensive bridge or deck material that would come across. It would be fiberglass columns that go into the wetlands. There’s no aggregate port or anything like that because the DNR’s very strict on that. Mr. Coulibaly asked if they would still move forward with Phase I of the project if they knew that future phases of the project may not be approved. Mr. Buswell replied affirmatively. The beauty of phased developments is that they won’t move forward if they can’t fill their first 80 units. It’s a long-term project and they’re very confident in the product they provide communities. He thinks the city did their due diligence with them as landowners. Mr. Mitchell asked if someone can talk about lighting overflow and what the city requires not to happen at a site like that. Mr. Lyons replied there are a couple of minimum and maximum requirements when it comes to lighting. City code requires that you not have more than .5-foot candlelight of light at your property line and this development is going to be at 0 feet. Additionally, the code has a minimum requirement that parking areas be lit to a minimum of .4 feet. For this development, they’re going to be 0-foot candlelight by the time they meet the property line. Parking lights cannot be more than 23-feet in height. It’s a 3-foot base with a 20-foot pole. They must be full shielded lights, meaning the fixture must be pointed directly straight down with shielding around and there cannot be visible view of the element. Mr. Mitchell asked if they could talk a little bit about the decision to go to four-story. Mr. Buswell stated they originally had the first phase with three stories, but it’s very expensive to build these apartments, especially with underground parking and elevators. With three levels, ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 19 you’re dividing concrete costs and everything between the units. It wouldn’t be feasible with the number of units with three stories. Ms. Propp asked if there’s a mix of one-bedroom and two-bedroom. Mr. Buswell replied they’re planning on studios and one, two, and three-bedroom units. Mr. Nau replied for Phase I, there’s going to be four three-bedrooms, 12 one-bedrooms, and 24 two-bedrooms per building. This helps with the traffic issues as well because there are one- bedrooms. They’re around 1.6 vehicles per unit. Ms. Davey asked if they have any concept of the rental costs yet. Mr. Buswell replied it’s going to vary from $700-$800 to $2,000-$3,000. Ms. Davey replied she could hear him better if other people were being quiet. An audience member asked if he could repeat that because they’re tying to figure out what kind of crowd they’re focusing on. Mr. Buswell repeated the ranges and added that they take care of their properties and secure their properties. This is on the higher-end, it is not low to moderate income. A lot of their tenants are people who have sold their home and come to them as their step between going to an assisted living facility. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Scheuermann asked about timing. There’s been a reoccurring theme about notification and she’s curious about other developments with neighborhood meetings and notices. Mr. Lyons replied part of the delay is distance and mail service. Mail being sent to Milwaukee before it comes back to be delivered is causing delays. If Plan Commission and Council want to stay on the schedule of two meetings per month, there is going to be that lengthy delivery time for the notices. Ms. Scheuermann asked about the neighborhood meeting. Mr. Lyons replied they didn’t have a neighborhood meeting on this one. Staff looked at the remoteness of the site and they chose not to have one. If Plan Commission feels they should have, that one is on him. He looked at the site and did not think it required a neighborhood meeting. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 20 Mr. Bowen asked about the intersection of Ryf Road and Butte des Morts Drive. The DOT traffic count there is 400, but the problem with that is the counts are averaged across the day. He asked who has jurisdiction over that intersection. Mr. Gierach replied he believes it is a DOT or county level responsibility, but he hasn’t looked into it. Mr. Perry replied the DOT turns around at the entrance to Castle Pierce when they do road maintenance, so it would appear the DOT has jurisdiction. Mr. Bowen asked if they were to request a TIA as a condition of approval here, where would the teeth be in doing something like that to try and improve that intersection. Mr. Lyons said if Plan Commission wanted to include a requirement for a TIA he would suggest when making that recommendation to include any specific interchanges that they would want to be evaluated like Algoma and Lake Butte Des Morts. Mr. Gierach said he believes those are the city’s areas of jurisdiction. He said the two-lane roundabout can handle anywhere from 25,000 to 45,000 vehicles per day. He’s not concerned with the roundabouts functionality since the DOT looks at long term so it has about a 2040 life span. Mr. Bowen asked if the bottleneck leading into the roundabout could be an issue and wants to know if that’s a part of Butte Des Morts Drive. Mr. Gierach said that he believes that is the city’s jurisdiction. Ms. Propp said she’s bothered by the density; the height and she doesn’t like all the buildings together. She would like the developer to build elsewhere. She is not catering to the neighbors but is how she is feeling. She is inclined to not support it. Council Member Ford said that he has no problem with the project itself. The fear of low-income is never going to move him, nor is density. They have to cognizant that this project borders the town. He does hope that the city will have a presence at the town meeting. This is an intergovernmental relations problem and not so much a land use problem. We want to be good neighbors and it will be essential to do so to make sure we are on the same page with the town. Mr. Coulibaly asked if this vote was on the entire project. Mr. Lyons said this is the GDP for the general concept level of the plan for the whole site. Mr. Coulibaly said that he feels bad that the neighbors were taken by surprise so whatever the procedure is, that’s something that needs to be looked at before he votes to approve. Mr. Mitchell asked if the remaining phases will come back. ITEM IV – GDP - Lake Butte des Morts Drive Mixed Residential Development 21 Mr. Lyons said that is correct. Mr. Mitchell asked if something were to go wrong with phase 1, there’s no obligation to approve phase 2-6. Mr. Lyons said that is correct and they could be evaluate those merits of them at the time. Mr. Bowen said initially he was going to suggest a TIA as a condition of approval. He now thinks the jurisdictional standoff that’s going to happen by trying to do anything there, the needle won’t be moved on what the problem is. This particular project doesn’t exacerbate the problem to the point where he can vote against it, but he does think it would be a great idea for Mr. Gierach to look at what the solution could be. It is a part of the city and it does need to be maintained. It’s not for us to put it on the project to be responsible for it. There are certainly valid reasons to have issues with the project. The most compelling against were the housing stats and the multi-family absorption of it. The numbers were fantastic but unfortunately that is one piece that as a land use regulatory body doesn’t deal with. It’s not on Plan Commission to say whether or not this project is going to be successful or not. It’s not something we can use, even though as a citizen of Oshkosh, he is concerned about. Because of the phased development, he is more comfortable with what he is seeing before them. Mr. Perry said his concerns lie in the environmental factor in the project. He’s not opposed to low-income or high density, but there is concern about the storm water. He does not support this item. Motion carried 6-3 (Nay Coulibaly, Propp, & Perry). 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 jake.buswell@allamericandoitcenter.com623-8348262 54656WISparta1310 West Wisconsin Street Red Earth LLC. (Contact - Jacob Buswell) $80,500,000.00 n/a residential vacant vacant Mix - Residential and Ag currentlygreenfield/vacant Multifamily Residential Use with potential to add in commercial in future. Northeast corner of CSAH 21 and 21st Ave S X X X 12-20-2022 X XJeana.Kedrowski@ISGInc.com952426-0699 55425MNBloomington7900 International Drive, Ste 550 12-20-2022Jeana Kedrowski - ISG Inc (on behalf of owner) DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD 12/13/2022 12/13/2022 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. X X X X X X X X DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD 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: _____________________ 12-20-2022 DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD FEBRUARY 6, 2023 Mark Lyons Planning Services Manager – Community Development 215 Church Ave Oshkosh, WI 54901 mlyons@ci.oshkosh.wi.us 7900 International Drive + Suite 550 + Bloomington, MN 55425 952.426.0699 + ISGInc.com Architecture + Engineering + Environmental + Planning RE: PROJECT NARRATIVE LAKE BUTTE DS MORTS DEVELOPMENT OSHKOSH, WI Mark, Thank you for reviewing the following project narrative, GDP, SIP, and CSM request for Lake Butte Des Morts project. The site location is currently zoned NMU-PD and surrounding area has a mix of single family residential and urban industrial. PROJECT DESCRIPTION Lake Butte Development is a proposed mixed use housing development located North of Oshkosh, Wisconsin west of Lake Butte Des Morts Drive and East of Lake Butte Des Morts. The development is to consist of 5, 82-unit apartment buildings, 2, 40- unit apartment buildings, and 8, 4-unit townhomes with a centrally located clubhouse, totaling 522 units. The overall site is 72.51 acres with a proposed unit density of 7.2 units/acre. The project will also consist of a new City street that makes a loop through the development and will also provide public water and sanitary mains for the proposed building services. The project will be separated into six phases according to sheet C3-11 in the GDP submittal plan set. Due to the unique makeup of buildings and proposed density, the project is proposed to be zoned as Planned Development as there would be several conditional uses and variances needed to comply with a typical residential zoning district (MR-36) and it offers more flexibility in the future for the development. Parking Code Underground and exterior parking will be provided on site. The site proposes 452 parking spaces located underground, 248 spaces in designated parking lots, 128 Townhome parking, and 39 parallel spaces along private roadway; the total proposed parking count is 867 stalls. This equates to a proposed 1.67 stalls/unit. While this number is under the required 2 stalls per unit (city code), similar projects and cities in the area have been successful with lower parking stall numbers. The comfort and convenience of future residents is of top priority, and based on surrounding areas, 1.67 stalls/unit has been successful for a residential property of this size. Parking for the first phase of the development will meet the required code of 2 stalls/unit with a total of 214 stalls provided for the two 40-unit buildings (160 stalls required). Density, Intensity, and Bulk Regulations The project will be subdivided into different lots for each phase. Due to the size and number of lots there will be several items that the proposed project will differ from the standard MR-36 zoning district. These include minimum lot area, impervious surface ratio, setbacks, and number of units per building. Information on setbacks and density is included in the submitted plan sets. Agreements, Bylaws, Covenants The project will require a developer’s agreement between Red Earth LLC and the City of Oshkosh. The property will be owned and maintained by Red Earth LLC following completion of the construction. Additional bylaws and covenants can be provided by Red Earth LLC at a later date. Page 2 of 3 952.426.0699 + ISGInc.com SITE FEATURE & AMENITIES The overall aesthetic of the site is to incorporate traditional architectural elements with an integrated landscape plan. A network of sidewalks will offer many values including connectivity and exercise opportunities throughout the site. A connection to the existing Wiouwash Trail will be made at the southwest end of the proposed development. Separate lake access and Kayak storage will offer residents the opportunity to take advantage of Lake Butte Des Morts. A sidewalk is currently not available to connect to along Lake Butte Des Morts Drive, but site grading will take into consideration the possibility of one being added at a future date. Site amenities include open lawn space and trails, several fenced dog parks, a pickleball/basketball court, grilling area, fire features, outdoor pool, and clubhouse. The clubhouse does not only serve as a leasing office but will also feature an exercise room, game room, community room, theater, spa, and sauna. LANDSCAPING The overall landscape plan will offer many different features including shade, color, structure, and screening. A traditional low maintenance planting plan consisting of native deciduous and evergreen plantings that will compliment architectural features and enhance new spaces. Native trees will be interspersed throughout the site to create a shaded canopy for residents and increase the tree canopy density of the site. Site drainage and grading will consider overall site features (existing and proposed) ensuring all elements work together to create an effective drainage plan. All stormwater is to be seeded with native seed mixes adding to enhance the overall aesthetic of the site. Additional areas of native seeding will also be provided to provide water quality improvements, wildlife habitat including wildflowers for pollinators. A stormwater report for phase I has been included for further information on stormwater management design and calculations. Thank you for your consideration of this project. On behalf of Red Earth, LLC, we look forward to working with you on this development to aid Red Earth with expanding their multifamily portfolio and better serve the residents of Oshkosh. Please contact me at 952.426.0699 or via email at Jeana.Kedrowski@ISGInc.com with any questions or if there is any additional information we can provide in support of this project. Sincerely, Jeana Kedrowski Project Coordinator Jeana.Kedrowski@ISGInc.com Page 3 of 3 952.426.0699 + ISGInc.com 8 7 8 55 7 WET 82 UNIT BUILDING 78 UNDERGROUND STALLS 4 STORY 82 UNIT BUILDING 78 UNDERGROUND STALLS 4 STORY 82 U N I T B U I L D I N G 78 U N D E R G R O U N D S T A L L S 4 S T O R Y 82 U N I T B U I L D I N G 78 U N D E R G R O U N D S T A L L S 4 S T O R Y 82 UNIT BUILDING 78 UNDERGROUND STALLS 4 STORY MA I N F F E = 7 6 6 . 0 0 UN D E R G R O U N D G F E = 7 5 5 . 6 7 MA I N F F E = 7 6 1 . 7 5 UN D E R G R O U N D G F E = 7 5 1 . 4 2 MAIN FFE = 759.75 UNDERGROUND GFE=749.42 MAIN FFE = 762.50 UNDERGROUND GFE=752.17 MAIN FFE = 762.50 10 15 28 4 48 4 8 9 > > > > > > > > > > > > > > > > > > > > > > > I I I I I I I I I I I I I I I I I I I I I >> >>>>>>>>>> >> G G WET WET LA K E B U T T E D E S M O R T S D R LA K E B U T T E D E S M O R T S D R FP 5 0 0 FP500 FP500 FP500 FP500 FP500 FP5 0 0 FP500 WET 40 U N I T B U I L D I N G 32 U N D E R G R O U N D S T A L L S 4 S T O R Y 40 U N I T B U I L D I N G 32 U N D E R G R O U N D S T A L L S 4 S T O R Y 4X4X 4X 4X 4X 4X 4X 4X 4X CL U B H O U S E PO O L D E C K X XXXX X X X PH A S E 1 PH A S E 1 LA K E B U T T E D E S MO R T S DE V E L O P E M E N T (P H A S E 1 ) RE D E A R T H L L C 27 5 8 4 C 3 - S I T E DA T E RE V I S I O N S C H E D U L E DE S C R I P T I O N BY SH E E T TI T L E PR O J E C T WI T H O U T P R I O R W R I T T E N C O N S E N T . 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RE V I E W E D B Y FILE LOCATION: S:\PROJECTS\27000 PROJ\27500-27599\27584 LAKE BUTTE DES MORTS DEVELOPME-OSHKOSH WI\27584 PRODUCTION FILES\27584 CIVIL 3D\PRODUCTION DWGS\PHASE 1\27584 C3-SITE.DWG C3 - 1 0 -02 / 0 6 / 2 0 2 3 22 - 2 7 5 8 4 C3 - 1 0 SI T E P L A N ( O V E R A L L ) -- - - -- - - C3 - 1 0 OS K O S H WI S C O N S I N SI T E P L A N (O V E R A L L ) 0 SC A L E I N F E E T 40 80 LM M / J R S LM M / J R S KB R / J R S PRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: 2/6/2023 11:23 AM SI T E S U M M A R Y PR O J E C T AD D R E S S / L O C A T I O N : 34 8 4 L A K E B U T T E D E S M O R T S D R I V E , OS H K O S H , W I 5 4 9 0 4 ZO N I N G : SU B U R B A N M I X E D U S E SI T E / L O T A R E A : 24 1 , 3 3 3 S F ( 5 . 5 4 A C ) RE Q U I R E D S E T B A C K S PA R K I N G BU I L D I N G FR O N T Y A R D 25 ' - 0 " 25 ' - 0 " SI D E Y A R D 16 ' - 6 " 16 ' - 6 " RE A R Y A R D 35 ' - 0 " 35 ' - 0 " PA R K I N G D A T A LA N D U S E CL A S S I F I C A T I O N RE S I D E N T I A L PA R K I N G S T A L L S RE Q U I R E D ( C O D E ) 2 S T A L L S / U N I T GO V E R N I N G IN F O R M A T I O N CI T Y O F O S H K O S H PA R K I N G S T A L L S RE Q U I R E D 16 0 PA R K I N G S T A L L S P R O V I D E D ST A N D A R D 89 AC C E S S I B L E ( E X T E R I O R ) 6 ST A N D A R D ( I N T E R I O R ) 64 TO T A L 15 9 GDP/SIP LAKE BUTTE DES MORTS DRIVE PC: 3/7/2023 3530 OMNI DRIVE LLC 3530 OMNI DR OSHKOSH, WI 54904 DOWLING INVESTMENTS SUNSET LLC 3596 STEARNS DR OSHKOSH, WI 54904 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 ZILLGES REAL ESTATE LLC 1990 W SNELL RD OSHKOSH, WI 54904 MVT LLC 2247 RYF RD OSHKOSH, WI 54904 DEPT OF TRANSPORTATION 944 VANDERPERREN WAY GREEN BAY, WI 54304 JANE M REICHARDT/ JILLENE L RUELLE 3123 BELLAIRE LN OSHKOSH, WI 54904 DONALD M BRAUN JR 3119 BELLAIRE LN OSHKOSH, WI 54904 KROHN PROPERTIES III LLC 3103 BELLAIRE LN OSHKOSH, WI 54904 HANSON LIV TST, ELAINE/HANSON LIV TST, GARY, ET AL. 3095 BELLAIRE LN OSHKOSH, WI 54904 KAREN B AXTMANN 5708 N KEDVALE AVE CHICAGO, IL 60646 DAVID R EICHMANN 3085 BELLAIRE LN OSHKOSH, WI 54904 STACEY L/JASON J PEERENBOOM 3081 BELLAIRE LN OSHKOSH, WI 54902 KELLY J BRENNAND/MORGANNE L MARKOWSKI 3079 BELLAIRE LN OSHKOSH, WI 54904 HEGGESTAD WERTSCH TST/WERTSCH TSTE, PAUL A, ET AL 4221 VENETIAN LN MADISON, WI 53718 EDITH A STEPANSKI 3075 BELLAIRE LN OSHKOSH, WI 54904 JOLIN SR REV TST, WILLIAM M/JOLIN REV TST, BARBARA L 3071 BELLAIRE LN OSHKOSH, WI 54904 JACQUELINE J WERTSCH 13825 JUNEAU BLVD ELM GROVE, WI 53122 GIACOMINI JT REV TST, DEAN A/GIACOMINI JT REV TST, JODENE L 1225 S INDIANA AVE WEST BEND, WI 53095 CAROL J KROMM 3057 BELLAIRE LN OSHKOSH, WI 54904 RESCHESKE REV TST, JAMES F/RESCHESKE REV TST, CHRISTINE S 3051 BELLAIRE LN OSHKOSH, WI 54904 JUDITH R/RICHARD E BERGER 3047 BELLAIRE LN OSHKOSH, WI 54904 JENNIFER N ZINGSHEIM/LORI A ZEMBROWSKI N6213 COUNTRY VIEW LN SULLIVAN, WI 53178 WATCHER TST 3041 BELLAIRE LN OSHKOSH, WI 54904 BLANCHE NELSON FIEGEL/DANIEL A NELSON 201 W SMITH AVE OSHKOSH, WI 54901 LEEANNE/JOE ROBERTSON 3037 BELLAIRE LN OSHKOSH, WI 54904 DEBRA L/RANDAL J MARKOFSKI 3050 BELLAIRE LN OSHKOSH, WI 54904 ERROL R SPRINGER 2495 APPLE CREEK CT DE PERE, WI 54115 SARA R/KENNETH R FEAVEL 2176 WESTWIND RD OSHKOSH, WI 54904 CAROL S/MICHAEL D AUGSBURGER 300 MUTTART RD NEENAH, WI 54956 JACK A HAYNES 2156 WESTWIND RD OSHKOSH, WI 54904 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH, WI 54903 PATRICIA A/DAVID A KESTER PO BOX 516 OMRO, WI 54963 JEANA KEDROWSKI 7900 INTERNATIONAL DR STE 550 BLOOMINGTON, MN 55425 RED EARTH LLC 1310 W WISCONSIN ST SPARTA, WI 54656 GLE NV IE W L A S T E A R N S D R OM N I D R BELLAIRELA W SNELL RD ALGO M A BLV D A L G O M A B L V D S T E A R N S D R L A K E B U T T E D E S M O R T S D R ·_45 ·_45 !"#$41 !"#$41 Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/14/2023 1 in = 520 ft 1 in = 0.1 mi¯LAKE BUTTE DES MORTS DR 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 GGLLEE NNWWAAYY DDRR GG LL EE NN VV II EE WW LLAA GG LL EE NNAA YY RR EE LL AA WEST WIND R D S T E A R N S D R STILLMAN DR SUNSET PT LA S H O REBIRD C T M AR INE D R SH OREPRESERVED R O M N I D R O M N I D R BELLAIRELA L A K E B U T T E D E S M O R T S D R W SNEL L RD W FE R N A U A V RYF RD GREEN VALLEY RD WALTERST STE A R N S D R A L G O M A B L V D ·YTNUOC"T·YTNUOC"S ·_45 ·_45 !"#$41 !"#$41 Oshkosh Oshkosh City Limit City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t OshkoshOshkoshCityCityLimitLimit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t HI I I I-PD I-PD MH-9-PD MR-12-PDMR-12-PDMULTIPLE NMU-PD SMU SMU-PD SR-3-PD SR-5 SR-5 UI UI-PD UI-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/14/2023 1 in = 1,000 ft 1 in = 0.19 mi¯LAKE BUTTE DES MORTS DR 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 S T E A R N S DR OMNI D R B E L L A I R E L A ALG O M A B L V D S T E A R N S D R W SNELL RD LAKEBUTTEDESMORTS DR ·_45·_45 !"#$41 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/14/2023 1 in = 400 ft 1 in = 0.08 mi¯LAKE BUTTE DES MORTS DR 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 APRIL 11, 2023 23-174 RESOLUTION (CARRIED 4 – 2 AS AMENDED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN FOR PHASE I OF A MULTI-FAMILY DEVELOPMENT AT THE WEST 3400 BLOCK OF LAKE BUTTE DES MORTS DRIVE INITIATED BY: ISG, INC., JEANA KEDROWSKI PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the Plan Commission finds that a Specific Implementation Plan for a multi-family development at the West 3400 Block of Lake Butte des Morts Drive, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Specific Implementation Plan for a multi-family development at the West 3400 Block of Lake Butte des Morts Drive, per the attached, is hereby approved with the following findings: 1. The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 2. The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) 3. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. 4. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 5. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. APRIL 11, 2023 23-174 RESOLUTION CONT’D 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. BE IT FURTHER RESOLVED that the following are conditions of approval for a Specific Implementation Plan for a multi-family development at the West 3400 Block of Lake Butte des Morts Drive: 1. Base CSM for the creation of the lot for Phase 1 and the two right-of-way dedications shall be approved and recorded at the Winnebago County Register of Deeds prior to building permit issuance. 2. Base Standard Modification for 0-foot side and rear yard setbacks for paved areas internal to the site as shown on the submitted site plan. 3. Base Standard Modification for 15-foot front yard setbacks for north and south parking area along the new public street. 4. Base Standard Modification for proposed building heights up to 59.3 feet in height up to three (3) stories. 5. Final parking lot layout 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 9, 2023 RE: Approve Specific Implementation Plan for a Multi-Family Development at the West 3400 Block of Lake Butte des Morts Drive BACKGROUND The applicant is requesting approval of a Specific Implementation Plan for Phase I of a multi - family development located at the West 3400 Block of Lake Butte de Morts Drive. The subject area consists of five lots totaling 72.50 acres of predominantly vacant land on the west side of Lake Butte des Morts Drive and east of the Lake Butte des Morts waterbody. The properties are zoned Neighborhood Mixed Use with a Planned Development Overlay (NMU-PD). The site is rather isolated from other developments and just recently had city water and sanitary sewer service installed along Lake Butte des Morts Drive in front of the site. The area to the east and to the south consists of the Interstate 41/U.S. Highway 45 interchange infrastructure. Lake Butte des Morts, wetlands, and the Wiouwash Trail are located to the west. Vacant tracts of land, wetlands, and a creek are located to the north. The only nearby development is lakefront residential housing to the southwest located 500 feet away in the Town of Oshkosh. The 2040 Comprehensive Land Use Plan recommends Mixed Use Development for the subject area. ANALYSIS The applicant is proposing a residential development with multiple types of housing consisting of five (5) four-story, 82-unit apartment buildings, two (2) four-story, 40-unit apartment buildings, and eight (8) two-story, 4-unit townhomes totaling 522 units. Plans also show a centrally located clubhouse, several off-street parking areas, and other amenities for residents. The proposed development includes dedication of an approximately 1,800-foot-long public street looping through the development with two connections to Lake Butte des Morts Drive. The proposal calls for this development to occur over six phases. Phase 1 will consist of two 40- unit apartments and clubhouse. A new lot for Phase 1 will be created with parts of four of the five existing lots via Certified Survey Map (CSM). Lot 1 is an irregularly shaped lot sized at 4.38 acres. The lot meets all dimensional requirements for lot creation in the NMU District. The CSM also has 60 -foot-wide right-of-way dedications on the north and south sides of Lot 1 connecting to Lake Butte des Morts Drive. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Base standard modifications (BSMs) are needed for various setback deficiencies due to the proposed internal lot lines. Staff does not have a concern with the proposed setback BSMs because although the development is along a newly dedicated public street, the street is functioning similarly to the private roadway network for the proposed development. The applicant has provided additional landscaping to mitigate the requested BSM s. Several accessory paved areas (pool deck, walkways, parking lots, and driveways) are located within required rear and side yard setbacks, many with 0-foot setbacks. Staff is supportive of the BSMs as these structures are interconnected with future structures to be constructed in later ph ases. The heights of the apartment buildings are shown to surpass 59 feet. For this reason, a BSM is also needed to exceed the 35-foot maximum height permitted in the NMU District. Staff is supportive of a BSM to exceed the maximum height due to the site’s isolation from other developments and because the developer is choosing to provide underground parking. The underground parking reduces the amount of impervious surface coverage. Also, the amount of additional landscaping beyond what the code requires will help offset the BSM request. PLAN COMMISSION The March 7, 2023 Plan Commission meeting involved additional discussion related to the proposed Specific Implementation Plan for Phase 1. However, the public comments made during the Specific Implementation Plan agenda item were generally related to the opposition of the multi-family development in general and not any specific concerns related to the implementation of the Phase 1 Specific Implementation Plan therefore no changes were requested to the SIP. FISCAL IMPACT Approval of this project will result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $18 million on this phase of the proposed project. RECOMMENDATION The Plan Commission recommended approval of the Specific Implementation Plan with findings and conditions on March 7, 2023. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR PHASE 1 OF A MULTI-FAMILY DEVELOPMENT AT THE WEST 3400 BLOCK OF LAKE BUTTE DES MORTS DRIVE Plan Commission meeting of March 7, 2023. GENERAL INFORMATION Applicant: Jeana Kedrowski, ISG, Inc. Owner: Red Earth, LLC Action(s) Requested: The applicant requests Specific Implementation Plan (SIP) approval for Phase 1 of the Lake Butte des Morts multi-family development. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of five lots totaling 72.50 acres of predominantly vacant land on the west side of Lake Butte des Morts Drive and east of Lake Butte des Morts. The properties are zoned Neighborhood Mixed Use with a Planned Development Overlay (NMU-PD). The site is rather isolated from other developments. The area to the east and to the south consists of the Interstate 41/U.S. Highway 45 interchange, Lake Butte des Morts to the west, and vacant tracts of land to the north. The only nearby development is lakefront residential housing to the southwest. The 2040 Comprehensive Land Use Plan recommends Mixed Use Development for the subject area. The applicant is proposing a mixed-use residential development consisting of five four-story, 82-unit apartment buildings, two four-story, 40-unit apartment buildings, and eight two-story, 4-unit townhomes totaling 522 units. Plans also show a centrally located clubhouse, several off-street parking areas, and other amenities for residents. The proposed development includes dedication of an approximately 1,800-foot-long public street looping through the development with two ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 2 connections to Lake Butte des Morts Drive. The proposal calls for this development to occur over six phases. Subject Site Existing Land Use Zoning Single Family, Agricultural, Vacant Neighborhood Mixed Use District with Planned Development Overlay (NMU-PD) Recognized Neighborhood Organizations NA Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Single Family Residential – 5 (SR-5) South Vacant General Business District (B-3, Town of Oshkosh) East U.S. Highway 45 NA West WIOUWASH Recreational Trail General Agriculture District (A-2, Town of Oshkosh) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Mixed Use ANALYSIS Use/Site Design Development phases with Phase 1 highlighted ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 3 Phase 1 will consist of two 40-unit apartments and clubhouse. A new lot for Phase 1 will be created with parts of four of the five existing lots via Certified Survey Map (CSM). Lot 1 is an irregularly shaped lot, sized at 4.38 acres. The lot meets all dimensional requirements for lot creation in the NMU District. The CSM also has 60-foot-wide right-of-way dedications on the north and south sides of Lot 1 connecting to Lake Butte des Morts Drive. These dedications will be a future, action for Plan Commission and Common Council. Due to the necessity of this CSM for Phase 1, staff is recommending a condition that this CSM be approved and recorded at the Winnebago County Register of Deeds prior to building permit issuance. A future subdivision plat creating additional lots for additional phases will dedicate additional right-of-way, creating a looped roadway to the west. Apartment buildings over four units are not permitted in the NMU District. For this reason, a Base Standard Modification (BSM) was recommended in the General Development Plan to allow the proposed use. The site plan meets density and impervious surface requirements for the NMU District. The plan shows a mix of surface and underground parking. The number of stalls provided exceeds the minimum requirement of one stall per unit plus one guest stall for every four units. Missing from North ½ of Phase 1 Lot South ½ of Phase 1 Lot ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 4 the site plan are required bicycle parking areas. A minimum of four bicycle spaces are required for multi-family developments as well as for parking lots over 40 stalls. The number of bicycle spaces required is equal to 5% of the automobile parking spaces. This will be addressed during the site plan review process. The site design began development under the prior code requirement of two parking stall per unit plus one guest parking stall per three units for a total of 191 parking stalls. There may be an opportunity for the developer to remove some of the provided stalls as a result of the code update. Required Provided Parking Spaces Minimum: 100 159 (64 underground, 95 surface) Impervious Surface Maximum: 50% of lot 39% of lot Density Maximum: 199 Dwelling Units (36 units per acre) 80 Dwelling Units (14.4 units per acre) Minimum Required Minimum Provided Front Setback - buildings 25’ 25’ Front Setback – parking lots 25’ 15’ north parking lot, 20’ south larking lot Side Setback 7.5’ 0’ Rear Setback 25’ 0’ The apartment buildings and clubhouse meet all setback requirements. The parking lots on the north and south sides of the developments are within the front yard setbacks of the new streets with setbacks of 15-feet and 20-feet respectively. Staff does not have a concern with the proposed BSM because although the development is along a newly dedicated public street, the street is functioning similarly to the private roadway network for the proposed development. The applicant has provided additional landscaping to mitigate the requested BSM. Several accessory paved areas (pool deck, walkways, parking lots, and driveways) are located within required rear and side yard setbacks, many with 0-foot setbacks. Staff is supportive of the BSMs as these structures are interconnected with future structures to be constructed in later phases. The BSM can be offset with additional landscaping point requirements. The site plan does not show locations of dumpster enclosures as the enclosures are to be located within the underground ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 5 parking areas. This will visually enhance the overall site and eliminate the chance of odor emanating from the enclosures. Based on 72 bedrooms per building, 3,800 square feet of outdoor recreation space is required for residents. The site plan shows over 20,000 square feet of recreation space with a pool area, basketball/pickle ball court, dog park, and green area for sport activities. Although this does not count towards the outdoor recreation space requirements, the site is adjacent to the WIOUWASH Recreational Trail. Future phases will construct a trail connecting to the WIOUWASH for its residents. Signage Sign renderings were not included with this request. A ground sign is located on the site plan north of the driveway entrance off Lake Butte des Morts Drive, outside the setback area. Final sign plans will be reviewed as part of the Site Plan Review Process. Landscaping A landscape plan for the whole development was submitted with this request. Proposed plantings by far exceed the minimum amount required (see table). This will offset BSM requests. Plantings include a variety of deciduous, ornamental, evergreen trees, shrubs, and perennials. Proper placement will be reviewed during Site Plan Review. Several trees are located within the terrace area of the proposed street which will not count towards the minimum requirement. The City’s subdivision regulations do require a terrace tree plan outside of the development’s internal landscaping required by code. Final landscape plans will be required and reviewed with each phase as they are submitted for SIP approval. The terrace tree plan will be submitted with the proposed plat and reviewed by the City Forester. ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 6 Points Required Points Provided Building Foundation 425 702 Paved Area 475 1,065 Street Frontage 900 990 Yards 650 919 Total 2,450 3,676 Storm Water Management/Utilities Storm water management plans for the whole development have been submitted. The Department of Public Works noted that final plans will need to comply with Chapter 14 Storm Water Management requirements and storm water from the newly paved areas shall be collected and conveyed. This will be addressed during the Site Plan Review processes. Site Lighting A photometric lighting plan was submitted with this request. The plan shows light levels only within the surface parking areas and not at the property lines as required by code. Revised plans will need to be submitted and reviewed during the site plan review process. Building Facades ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 7 Building elevation plans were submitted as part of this request. The proposed buildings are clad with a mix of composite siding and brick veneer. It appears the total area devoted to windows and doors well exceeds the 20% minimum requirement. Material quantity breakdowns were not provided on the plans. The plans show ample articulation with numerous vertical changes of materials and structural projections and recesses. The heights of the apartment buildings are shown to surpass 59 feet, exceeding the 35-foot maximum height permitted in the NMU District. Staff is supportive of a BSM to exceed the maximum height due to the site’s isolation from other developments and the fact the developer is choosing to provide underground parking. The underground parking reduces the amount of impervious surface coverage. Also, the amount of additional landscaping beyond what the code requires will help offset the BSM request. 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. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 8 (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the General Development Plan with the findings listed above and the following condition: 1. CSM for the creation of the lot for Phase 1 and the two right-of-way dedications shall be approved and recorded at the Winnebago County Register of deeds prior to building permit issuance. 2. Base Standard Modification for 0-foot side and rear yard setbacks for paved areas internal to the site as shown on the submitted site plan. 3. Base Standard Modification for 15-foot front yard setbacks for north and south parking area along the new public street. 4. Base Standard Modification for proposed building heights up to 59.3 feet in height. 5. Final parking lot layout shall be reviewed and approved by the Department of Community Development. The Plan Commission recommended approval of the Specific Implementation Plan on March 7, 2023. The following is their discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Davey, Ms. Propp, and Mr. Perry all reported visiting the site. Staff report accepted as part of the record. The applicant requests Specific Implementation Plan (SIP) approval for Phase 1 of the Lake Butte des Morts multi-family development. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. Phase 1 will consist of two 40-unit apartments and clubhouse. A new lot for Phase 1 will be created with parts of four of the five existing lots via ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 9 Certified Survey Map (CSM). Lot 1 is irregular-shaped lot, sized at 4.38 acres and meets all dimensional requirements for lot creation in the NMU District. The CSM also has 60-foot-wide sright-of-way dedications on the north and south sides of Lot 1, connecting to Lake Butte des MortsS Drive. These dedications will be a future, action for Plan Commission and Common Council. Due to the necessity of this CSM for Phase 1, Staff is recommending a condition that this CSM be approved and recorded at the Winnebago County Register of Deeds prior to building permit issuance. A future subdivision plat creating additional lots for additional phases will dedicate additional right-of-way, creating a looped roadway to the west. Apartment buildings over 4 units are not permitted in the NMU District so a Base Standard Modification (BSM) was recommended in the General Development Plan to allow the proposed use. The site plan meets density and impervious surface requirements for the NMU District. The plan shows a mix of surface and underground parking. The number of stalls provided exceeds the minimum requirement of one stall per unit plus 1 guest stall for every four units. Missing from the site plan are required bicycle parking areas. A minimum of four bicycle spaces are required for multifamily developments plus for parking lots over 40 stalls, the number of bicycle spaces required is equal to 5% of the automobile parking spaces. This will be addressed during the site plan review process. The site design began development under the prior code requirement of 2 parking stall per unit plus 1 guest parking stall per 3 units for a total of 191 parking stalls. As a result of the code update there may be an opportunity for the developer to remove some of the provided stalls. The apartment buildings and clubhouse meet all setback requirements. The parking lots on the north and south sides of the developments are within the front yard setbacks of the new streets with setbacks of 15-feet and 20-feet respectively. Staff does not have a concern with the proposed BSM as although the development is along a newly dedicated public street, the street is functioning similarly to the private roadway network for the proposed development. The applicant has provided additional landscaping to mitigate the requested BSM. Several accessory paved areas (pool deck, walkways, parking lots and driveways are located within required rear and side yard setbacks, many with 0-foot setbacks. Staff is supportive of BSMs as these structures are interconnected with future structures to be constructed in later phases. The BSM can be offset with additional landscaping point requirements. The site plan does not show locations of dumpster enclosures as the enclosures are to be located within the underground parking areas. This will visually enhance the overall site and eliminate the chance of odors emanating from the enclosures. Based on 72 bedrooms per building, 3,800 square feet of outdoor recreation space is required for its residents. The site plan shows over 20,000 square feet of recreation space with a pool area, basketball/pickle ball court, dog park and green area for sport activities. Although this does not count towards its outdoor recreation space requirements, the site is adjacent to the Wiouwash Recreational Trail. Future phases will construct a trail connecting to the Wiouwash for its ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 10 residents. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Bowen asked if the site is being built up to accommodate the underground parking. Mr. Lyons said his understanding is that the finished grade today is the start of the first floor. Mr. Bowen asked if full sized renderings can be included in further packets. Mr. Lyons said that it can be included as an attachment. Mr. Mitchell asked if sidewalks are being built in this development. Mr. Lyons said that sidewalks are included on the new circular road that’s going in. In a future phase there is a portion where sidewalks are only planned for one side instead of both due to where the retention pond is. Mr. Mitchell asked if there are sidewalks going in towards the frontage road. Mr. Lyons said that the Lake Butte Des Mort side is being graded for sidewalks to be added that would be a part of a future phase. Mr. Mitchell asked if Plan Commission could enact any sort of requirements when granting a BSM to ask for reduced rent units or handicap units. Mr. Lyons said that they cannot because this is still land use and they are looking at the multi- family nature and how it compares to the GDP. They have to be land use zoning related metrics. Ms. Propp asked for clarification on the green space. Mr. Lyons said the numbers that Mr. Nau went over in the staff report are just included with this phase. Ms. Propp said the pool deck is not green space. Mr. Lyons said there are two requirements, green space and recreational space. This is all contained within the first phase of development. Mr. Bowen asked if they will be required to maintain the land not being developed in this phase. Mr. Lyons said they will have to be code complaint with the other areas in terms of that nature. They can’t leave it as unfinished construction. There are two temporary cul-de-sac bulbs that would need to be constructed. That is all that is required for the first phase. ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 11 Mr. Perry asked if the retention ponds have to have an outflow. Mr. Lyons said any of the storm water management will have to meet city code standards. Mr. Gierach said any of the phases of this development will have to meet code which means they will have to have an outfall to either to the right of way, easements or waters of the state. Mr. Perry asked if that means that when it’s filled, it’ll exit into the wetlands. Mr. Gierach said that is correct. Mr. Lyons said the state and the local code have the same requirements for any development into the city and it has to meet those metrics. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Dominic Collar, 2889 Sunset Point Ln; Town of Oshkosh, said he has lived there his whole life. The Plan Commission is from the city of Oshkosh, and they are from the town. That property to them is the town of Oshkosh. A bomb was dropped on our neighborhood five days ago, without any notification from anyone here. Plan Commission had their minds made up before they came in here. How can you look at these people who have spent years and years in this area and maintaining the property, making sure I work with the town to make sure I’m following building procedures. He said he had to do a mitigation with the DNR before he built his house and had to go through 13 months of building meetings before he could get a permit for his house. He doesn’t understand how they can drop this on the neighborhood within everyone’s vision. He said he has nothing against this company, they are great, but as someone who’s on the economic side of residential housing, his company looks at things like the economics, the school district, and the manufacturing sector. This project is not supported by the Oshkosh community. Housing starts are down 60-80% and that’s just in the last 90 days. They have builders right now that used to build 750 houses a year and are now projected to build 100 houses. In 2007 when the economic crisis hit the state of Wisconsin, they lost 60% of the builders and they never came back. Since 2007 to last year, they have only come back to 67% of the houses built in 2007. They are at the precipice of an economic collapse in the housing industry. Mortgage applications are at the lowest rate ever. How can this be approved when it’s dropped in the town of Oshkosh just because you own the property. It’s not appropriate for this site. The Plan Commission had to come in here ahead of time thinking that if you made this decision based on a 2001 economic study, everyone of your decisions is flawed. This project will never come to fruition under the current economic conditions. The areas around Oshkosh do not support this. There is no need for this project and not in my backyard. James Rescheske, 3051 Bellaire Ln; Town of Oshkosh, says the 2040 comprehensive land use recommendation says that no building is to exceed 35 feet. ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 12 Mr. Lyons said that is not correct, it is not part of the comp plan. Mr. Rescheske said it also says that no unit would be more than four families per unit. This was referenced in the staff report as well. Mr. Lyons asked if he was talking about the zoning ordinance. Mr. Rescheske said it was the 2040 comprehensive land use recommendation. Mr. Lyons said that the comp plan dictates long term land use, the zoning ordinance limits the height and things of that nature. More than 3 buildings on a site aren’t prohibited in the zoning ordinance. It requires this body and council to look at them and either through a conditional use permit or a planned development for large developments. Mr. Rescheske asked if more than 35 feet has to be approved as well as more than 4 units. Mr. Lyons said that is correct and that is what this body and council are for. Mr. Rescheske said that is what this body has done with the item prior. Mr. Lyons said that is correct. Mr. Rescheske said that on page 7, part G says the proposed architecture and character of the proposed planned development project is compatible with adjacent nearby developments. He wants to know what the heck Plan Commission and staff thinks the word compatible means. Putting a 522-unit development in the middle within a half mile of 200 single family units. How is this compatible. He doesn’t get it. Someone has a distorted sense of what the word compatible means. Part H says the proposed planned development project will positively contribute and not detract from the physical appearance and functional arrangement of development in the area. Again, how do you define “will positively contribute and not detract”. The developer does make beautiful buildings. This is not the right spot in the city of Oshkosh to build it. Part I says the proposed planned development project will produce significant benefits and so on. What does “produce significant benefits” mean. He can only think of one, tax money. It’s not helping the neighbors and it wouldn’t be a surprise if you start to see for sale signs go up, but they’re not going to be able to sell. This is not a positive, significant benefit. The residents don’t want 60-foot buildings, stay with the 35 feet max. Stick with 2040 comprehensive plan of 4 units per building. There is no problem with single family or dual family. This would be okay with the residents compared to this which is an eye sore. The three of Plan Commission that voted down, the residents thank them. The others, if we lived in the city, we would vote you out of office. We can’t believe the commission would vote for this and hopefully this will be voted down too. This is a disgusting turn of events. Stick with medium or low density. Kristen Mueller, 3830 Shorebird Ct, asked if the development is pet friendly and that would be a concern with a lot of barking dogs and pet waste. They moved out to the area because it is quiet. If they had known and not been blind sided by the news, they would never have moved there. ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 13 She said she believes Plan Commission already had their minds made up. She asked if anyone has contacted the Oshkosh Area School District to check enrollment. Mr. Lyons said they include them in the review. Ms. Mueller asked what their response was. Mr. Lyons said they didn’t respond. Ms. Mueller said they are declining in numbers, wherever they get their numbers from. Mr. Lyons said all they can do is reach out to them but they can’t make them respond. Ms. Mueller said then they don’t have any accurate information to make this decision on. Which is irresponsible. Jodene Giacomini, 3061 Bellaire Ln; Town of Oshkosh, said she is pleading with the city about the storm water issue and the wetlands. She wishes they could have been there when her new home was being built dug out. If the storm water study shows that the outlet for that is going to go in that area, where is it going to go. It’s going to go in her basement that already has water in it and it’s not even erected yet. There are major issues with the overflow that’s going into the wetlands and the seep over into the 100 properties that are to the south, if you want to believe it or not. She knows it’s a hard job to fill, as a general public, people like to go with the majority. She’s asking Plan Commission to stand up and to vote this down since it’s already gotten past the first step and they haven’t even had time to investigate. Please do this, it’s what’s right. There are other areas that have to be better suited. James Erdman, 2492 Hickory Ln; Town of Oshkosh, said he is the Planning and Zoning Chair for the Town of Oshkosh. He said there are some issues regarding soil. If you went down 40 feet to do the piling work, he’s sure below and clay and gravel there would be problems. Across the highway there is the Fountain Tavern and there’s a reason why they called it that 100 years ago. To the east of the Fountain Tavern, it’s high ground with a sand vein underneath. There are artisans there that flow down the hill from 41 through this region. There could be issues with building the underground parking. There’s a board member on the Plan Commission that has been a part of government as long as he has, and even though they haven’t always seen eye to eye, she’s seen a lot over her lifetime. She cares about what happens with developments. Her ideas were too high of density, stark and out of place, and height. There are sewer and water out there now which the town didn’t have in that area. There is going to be development in this area but this is not the right development. Get something that fits in better and scale it down. This is not right what happened here, whether it was a mistake or someone not posting a hearing and to have this public here. Whether it’s legal issue or not, he doesn’t want to look into it but he will if he’s pushed into it but all these people didn’t have adequate time for input. Hold this off until the Town of Oshkosh has their Plan Commission meeting. Good governing is listening to the people. Just because the Town isn’t legally at the city’s table, this isn’t good governing. This project belongs someplace else. If it’s city or town, they all have to look at this development. ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 14 Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Mr. Lyons said there may be a misconception about what this meeting is about. The Town of Oshkosh is talking about holding a public hearing and making a recommendation. That is what this board is doing right now. They are holding a public hearing and making a recommendation. This is only a recommending body. This is not council and they are not making the decision. This board is doing the exact thing the Town is talking about. This is the public hearing. Anything the board says today is a recommendation that goes to council. The council meeting is Tuesday March 14th 2023 at 6pm in room 406. The public is welcome to come to the council meeting and speak during that time. Mr. Mitchell asked if the applicant would be willing to answer some questions. Mr. Perry said it is at their discretion. Mr. Buswell said that he respectfully disagrees with the public and thinks this is a great location for this development. There are farm fields off of the highways throughout Wisconsin like this site that they have built on and it’s going to be an attractive property and hopes they can surprise everyone with the development. He apologizes that this is a surprise to the neighbors, he had no idea this was going on otherwise they would have reached out. Mr. Mitchell asked if the community center and other amenities would be open to the public for use considering there are 200 neighbors around. Mr. Buswell said that is not something they have considered but it is not off the table. Typically, the community spaces are locked with fob access. They had spoken with the Parks Department about putting a community park in, but it was deemed it would only benefit their property. They are willing to have a discussion with them if a public park was a part of this. Mr. Mitchell said what he means is the access to a private facility which would be an added benefit to the outside residents. They have amenities that might achieve that as well. Mr. Buswell said that absolutely they have had people request access to that and there’s going to be a workout room in the community center, office space, and other amenities that could benefit the surrounding community. It’s the first time it’s been brought up for the public. Mr. Mitchell said as mentioned in the 2021 housing study, which was an exceptional and through report, an additional report that comes out is the impediments to fair housing which basically asks what is a barrier in our community for people who live here. The housing stock here is quite old, so either you have enough money where you can buy or live in a new construction or they can live in a less than desirable apartment. The number one barrier identified is lack of access to housing that meets the needs of individuals with mobility barriers and it sounds like the developer is willing to accommodate, but he is wondering if they would voluntarily commit to ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 15 5% of your units being designed as wheelchair accessible. In an 80-unit development that approximately 4 of the units. Mr. Perry said that state law is very clear on what is the minimum amount that would be part of the 80 units. It is cumbersome and not in the best interest to have the developer commit to that promise now, but he thinks the state law puts that many in, if not more. Mr. Mitchell asked if that meant wheelchair accessible. Mr. Perry said yes. He had asked that question several years ago and received copious amounts of information about that because it was a standard question that he asked consistently. Mr. Mitchell asked if the developer has units all over the place, does that mean there are roll in showers in all of those buildings. That’s news to him. Mr. Perry said it’s certain percentage. Mr. Lyons said to Mr. Mitchell that as a reminder, whatever his answer is, they cannot require him to do anything. Mr. Mitchell said he was asking if he would be willing to do it voluntarily. Mr. Buswell said that if the demand is there, they are interested in meeting the housing demand. For most of the projects they take deposits and they don’t sign the lease until it’s actually regained occupancy. These types of discussions come up with tenants all the time. Mr. Mitchell asked if at that time if it’s already designed. Mr. Buswell said the little things like style of shower and cabinets get tweaked all the time so it wouldn’t be difficult to accommodate. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Council Member Ford said thank you to the developer for their patience, these meetings aren’t normally like this. It has gone a bit off the rails this evening. He appreciates the statement from the town. He is trying really hard and takes massive offense to the comments from the audience. He was about to praise the town chairperson because he is on the ball, and the audience has a right to care about this since it does neighbor their property. He did not say the audience went off the rails, he said the meeting has. Plan Commission doesn’t make up their minds before attending the meeting. He has been on this board for 5-6 years, and every member of this body cares about the 67,000 people that live in the city and the future here. The city staff do as well. He believes in ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive Mixed Residential Development 16 being a respectful neighbor and part of that is the reason why we reach out to the town and do everything we can to make sure we are all on the same page moving forward, but it has to be a two-way street. Mr. Coulibaly said that he tries to be logical here. They voted on the GDP first, and now it’s the SIP. He was hoping to hear the public comment on phase 1. Some of the comments were the storm water, traffic, sidewalks, and lights. There were no comments on phase 1 of this development. In his opinion, phase 1 could be an exception to all of these issues and could be compliant. He feels inclined to vote for phase 1. Ms. Davey said thank you to the public for coming and sharing their concerns. While she understands the concerns, they are going to be more receptive to comments that don’t scream nimbyism and many did. There’s nothing that the public has said that suggests they shouldn’t support phase 1 of this project. There are many reasons why it’s important to do so. Supporting phase 1 does not in any way commit them to supporting phases 2-6. There is land sitting out there and there is housing that needs to be built. It is high density, but it’s not a bad thing to have high density mixed it with single family. Also speaking from a sustainability aspect, there needs to be a mix and she will be supporting this. Motion carried 6-2 (Nay Propp and Propp) 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 jake.buswell@allamericandoitcenter.com623-8348262 54656WISparta1310 West Wisconsin Street Red Earth LLC. (Contact - Jacob Buswell) $80,500,000.00 n/a residential vacant vacant Mix - Residential and Ag currentlygreenfield/vacant Multifamily Residential Use with potential to add in commercial in future. Northeast corner of CSAH 21 and 21st Ave S X X X 12-20-2022 X XJeana.Kedrowski@ISGInc.com952426-0699 55425MNBloomington7900 International Drive, Ste 550 12-20-2022Jeana Kedrowski - ISG Inc (on behalf of owner) DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD 12/13/2022 12/13/2022 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. X X X X X X X X DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD 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: _____________________ 12-20-2022 DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD FEBRUARY 6, 2023 Mark Lyons Planning Services Manager – Community Development 215 Church Ave Oshkosh, WI 54901 mlyons@ci.oshkosh.wi.us 7900 International Drive + Suite 550 + Bloomington, MN 55425 952.426.0699 + ISGInc.com Architecture + Engineering + Environmental + Planning RE: PROJECT NARRATIVE LAKE BUTTE DS MORTS DEVELOPMENT OSHKOSH, WI Mark, Thank you for reviewing the following project narrative, GDP, SIP, and CSM request for Lake Butte Des Morts project. The site location is currently zoned NMU-PD and surrounding area has a mix of single family residential and urban industrial. PROJECT DESCRIPTION Lake Butte Development is a proposed mixed use housing development located North of Oshkosh, Wisconsin west of Lake Butte Des Morts Drive and East of Lake Butte Des Morts. The development is to consist of 5, 82-unit apartment buildings, 2, 40- unit apartment buildings, and 8, 4-unit townhomes with a centrally located clubhouse, totaling 522 units. The overall site is 72.51 acres with a proposed unit density of 7.2 units/acre. The project will also consist of a new City street that makes a loop through the development and will also provide public water and sanitary mains for the proposed building services. The project will be separated into six phases according to sheet C3-11 in the GDP submittal plan set. Due to the unique makeup of buildings and proposed density, the project is proposed to be zoned as Planned Development as there would be several conditional uses and variances needed to comply with a typical residential zoning district (MR-36) and it offers more flexibility in the future for the development. Parking Code Underground and exterior parking will be provided on site. The site proposes 452 parking spaces located underground, 248 spaces in designated parking lots, 128 Townhome parking, and 39 parallel spaces along private roadway; the total proposed parking count is 867 stalls. This equates to a proposed 1.67 stalls/unit. While this number is under the required 2 stalls per unit (city code), similar projects and cities in the area have been successful with lower parking stall numbers. The comfort and convenience of future residents is of top priority, and based on surrounding areas, 1.67 stalls/unit has been successful for a residential property of this size. Parking for the first phase of the development will meet the required code of 2 stalls/unit with a total of 214 stalls provided for the two 40-unit buildings (160 stalls required). Density, Intensity, and Bulk Regulations The project will be subdivided into different lots for each phase. Due to the size and number of lots there will be several items that the proposed project will differ from the standard MR-36 zoning district. These include minimum lot area, impervious surface ratio, setbacks, and number of units per building. Information on setbacks and density is included in the submitted plan sets. Agreements, Bylaws, Covenants The project will require a developer’s agreement between Red Earth LLC and the City of Oshkosh. The property will be owned and maintained by Red Earth LLC following completion of the construction. Additional bylaws and covenants can be provided by Red Earth LLC at a later date. Page 2 of 3 952.426.0699 + ISGInc.com SITE FEATURE & AMENITIES The overall aesthetic of the site is to incorporate traditional architectural elements with an integrated landscape plan. A network of sidewalks will offer many values including connectivity and exercise opportunities throughout the site. A connection to the existing Wiouwash Trail will be made at the southwest end of the proposed development. Separate lake access and Kayak storage will offer residents the opportunity to take advantage of Lake Butte Des Morts. A sidewalk is currently not available to connect to along Lake Butte Des Morts Drive, but site grading will take into consideration the possibility of one being added at a future date. Site amenities include open lawn space and trails, several fenced dog parks, a pickleball/basketball court, grilling area, fire features, outdoor pool, and clubhouse. The clubhouse does not only serve as a leasing office but will also feature an exercise room, game room, community room, theater, spa, and sauna. LANDSCAPING The overall landscape plan will offer many different features including shade, color, structure, and screening. A traditional low maintenance planting plan consisting of native deciduous and evergreen plantings that will compliment architectural features and enhance new spaces. Native trees will be interspersed throughout the site to create a shaded canopy for residents and increase the tree canopy density of the site. Site drainage and grading will consider overall site features (existing and proposed) ensuring all elements work together to create an effective drainage plan. All stormwater is to be seeded with native seed mixes adding to enhance the overall aesthetic of the site. Additional areas of native seeding will also be provided to provide water quality improvements, wildlife habitat including wildflowers for pollinators. A stormwater report for phase I has been included for further information on stormwater management design and calculations. Thank you for your consideration of this project. On behalf of Red Earth, LLC, we look forward to working with you on this development to aid Red Earth with expanding their multifamily portfolio and better serve the residents of Oshkosh. Please contact me at 952.426.0699 or via email at Jeana.Kedrowski@ISGInc.com with any questions or if there is any additional information we can provide in support of this project. Sincerely, Jeana Kedrowski Project Coordinator Jeana.Kedrowski@ISGInc.com Page 3 of 3 952.426.0699 + ISGInc.com G G G G G 75' R.O.W. Grant for Gas Line Purposes (per field markings by utility) WE T W E T WET WE T WE T WET WE T WE T WE T WE T WE T WE T WE T WET W E T W E T W E T WET WE T WE T LA K E B U T T E D E S M O R T S D R LA K E B U T T E D E S M O R T S D R ST E A R N S D R I V E F P 1 0 0 FP1 0 0 FP 1 0 0 FP 1 0 0 FP100 FP1 0 0 FP1 0 0 FP100 FP100FP100 FP100 F P 1 0 0 FP 1 0 0 FP 1 0 0 FP 1 0 0 FP 1 0 0 FP 1 0 0 FP 1 0 0 FP 1 0 0 FP 1 0 0 F P 1 0 0 FP 1 0 0 F P 1 0 0 FP500 F P 5 0 0 FP500 FP500 FP500 FP50 0 FP 5 0 0 FP500 FP 5 0 0 FP 5 0 0 FP500 F P 5 0 0 CL U B H O U S E PO O L D E C K XX WE T W E T WET WE T WE T WET WE T WE T WE T WE T WE T WE T WE T WET W E T W E T W E T WET WE T WE T 40 U N I T B U I L D I N G 32 U N D E R G R O U N D S T A L L S 4 S T O R Y 40 U N I T B U I L D I N G 32 U N D E R G R O U N D S T A L L S 4 S T O R Y 4X 4X 4X 4X MARY L A N E MARY LANE LOT 1190,649 SQ FT 4.38 AC 4 U N I T T O W N H O U S E 4 U N I T T O W N H O U S E 4 U N I T T O W N H O U S E 4 U N I T T O W N H O U S E 4 U N I T T O W N H O U S E 4 U N I T T O W N H O U S E 4 UNI T T O W N H O U S E WE T W E T WET WE T WE T WET WE T WE T WE T WE T WE T WE T WE T WET W E T W E T W E T WET WE T WE T 4X 4X 4X4X 4X 4X 4X 4X 82 UNIT BUILDING 78 UNDERGROUND STALLS 4 STORY 82 UNIT BUILDING 78 UNDERGROUND STALLS 4 STORY 82 U N I T B U I L D I N G 78 U N D E R G R O U N D S T A L L S 4 S T O R Y 82 U N I T B U I L D I N G 78 U N D E R G R O U N D S T A L L S 4 S T O R Y 82 UNIT BUILDING 78 UNDERGROUND STALLS 4 STORY 4X 4X 4X 4X 4X 4 U N I T T O W N H O U S E FU T U R E M A R Y L A N E FU T U R E M A R Y L A N E 27 5 8 4 G 1 - P H A S I N G DA T E RE V I S I O N S C H E D U L E DE S C R I P T I O N BY SH E E T TI T L E PR O J E C T WI T H O U T P R I O R W R I T T E N C O N S E N T . IN C . A N D M A Y N O T B E U S E D , C O P I E D O R D U P L I C A T E D TH I S D O C U M E N T I S T H E P R O P E R T Y O F I & S G R O U P , PR O J E C T N O . FI L E N A M E DE S I G N E D B Y OR I G I N A L I S S U E D A T E DR A W N B Y CL I E N T P R O J E C T N O . RE V I E W E D B Y FILE LOCATION: S:\PROJECTS\27000 PROJ\27500-27599\27584 LAKE BUTTE DES MORTS DEVELOPME-OSHKOSH WI\27584 PRODUCTION FILES\27584 CIVIL 3D\PRODUCTION DWGS\PHASE 1\27584 G1-PHASING.DWG G1 - 2 0 -02 / 0 6 / 2 0 2 3 22 - 2 7 5 8 4 G1 - 2 0 OV E R A L L S I T E P H A S I N G P L A N -- - - -- - - G1 - 2 0 OS K O S H WI S C O N S I N OV E R A L L S I T E PH A S I N G P L A N 0 SC A L E I N F E E T 80 16 0 LM M / J R S LM M / J R S KB R / J R S LA K E B U T T E D E S MO R T S DE V E L O P E M E N T (P H A S E 1 ) RE D E A R T H L L C 02 / 2 1 / 2 3 CI T Y C O M M E N T S JR S LA K E B U T T E D E S MO R T S DE V E L O P E M E N T (P H A S E 1 ) RE D E A R T H L L C 02 / 2 1 / 2 3 CI T Y C O M M E N T S JR S PH A S E O N E PH A S E T W O PH A S E T H R E E PH A S E F O U R PH A S E F I V E PH A S E S I X PR O P O S E D P R O P E R T Y L I N E , T Y P GDP/SIP LAKE BUTTE DES MORTS DRIVE PC: 3/7/2023 3530 OMNI DRIVE LLC 3530 OMNI DR OSHKOSH, WI 54904 DOWLING INVESTMENTS SUNSET LLC 3596 STEARNS DR OSHKOSH, WI 54904 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 ZILLGES REAL ESTATE LLC 1990 W SNELL RD OSHKOSH, WI 54904 MVT LLC 2247 RYF RD OSHKOSH, WI 54904 DEPT OF TRANSPORTATION 944 VANDERPERREN WAY GREEN BAY, WI 54304 JANE M REICHARDT/ JILLENE L RUELLE 3123 BELLAIRE LN OSHKOSH, WI 54904 DONALD M BRAUN JR 3119 BELLAIRE LN OSHKOSH, WI 54904 KROHN PROPERTIES III LLC 3103 BELLAIRE LN OSHKOSH, WI 54904 HANSON LIV TST, ELAINE/HANSON LIV TST, GARY, ET AL. 3095 BELLAIRE LN OSHKOSH, WI 54904 KAREN B AXTMANN 5708 N KEDVALE AVE CHICAGO, IL 60646 DAVID R EICHMANN 3085 BELLAIRE LN OSHKOSH, WI 54904 STACEY L/JASON J PEERENBOOM 3081 BELLAIRE LN OSHKOSH, WI 54902 KELLY J BRENNAND/MORGANNE L MARKOWSKI 3079 BELLAIRE LN OSHKOSH, WI 54904 HEGGESTAD WERTSCH TST/WERTSCH TSTE, PAUL A, ET AL 4221 VENETIAN LN MADISON, WI 53718 EDITH A STEPANSKI 3075 BELLAIRE LN OSHKOSH, WI 54904 JOLIN SR REV TST, WILLIAM M/JOLIN REV TST, BARBARA L 3071 BELLAIRE LN OSHKOSH, WI 54904 JACQUELINE J WERTSCH 13825 JUNEAU BLVD ELM GROVE, WI 53122 GIACOMINI JT REV TST, DEAN A/GIACOMINI JT REV TST, JODENE L 1225 S INDIANA AVE WEST BEND, WI 53095 CAROL J KROMM 3057 BELLAIRE LN OSHKOSH, WI 54904 RESCHESKE REV TST, JAMES F/RESCHESKE REV TST, CHRISTINE S 3051 BELLAIRE LN OSHKOSH, WI 54904 JUDITH R/RICHARD E BERGER 3047 BELLAIRE LN OSHKOSH, WI 54904 JENNIFER N ZINGSHEIM/LORI A ZEMBROWSKI N6213 COUNTRY VIEW LN SULLIVAN, WI 53178 WATCHER TST 3041 BELLAIRE LN OSHKOSH, WI 54904 BLANCHE NELSON FIEGEL/DANIEL A NELSON 201 W SMITH AVE OSHKOSH, WI 54901 LEEANNE/JOE ROBERTSON 3037 BELLAIRE LN OSHKOSH, WI 54904 DEBRA L/RANDAL J MARKOFSKI 3050 BELLAIRE LN OSHKOSH, WI 54904 ERROL R SPRINGER 2495 APPLE CREEK CT DE PERE, WI 54115 SARA R/KENNETH R FEAVEL 2176 WESTWIND RD OSHKOSH, WI 54904 CAROL S/MICHAEL D AUGSBURGER 300 MUTTART RD NEENAH, WI 54956 JACK A HAYNES 2156 WESTWIND RD OSHKOSH, WI 54904 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH, WI 54903 PATRICIA A/DAVID A KESTER PO BOX 516 OMRO, WI 54963 JEANA KEDROWSKI 7900 INTERNATIONAL DR STE 550 BLOOMINGTON, MN 55425 RED EARTH LLC 1310 W WISCONSIN ST SPARTA, WI 54656 GLE NV IE W L A S T E A R N S D R OM N I D R BELLAIRELA W SNELL RD ALGO M A BLV D A L G O M A B L V D S T E A R N S D R L A K E B U T T E D E S M O R T S D R ·_45 ·_45 !"#$41 !"#$41 Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/14/2023 1 in = 520 ft 1 in = 0.1 mi¯LAKE BUTTE DES MORTS DR 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 GGLLEE NNWWAAYY DDRR GG LL EE NN VV II EE WW LLAA GG LL EE NNAA YY RR EE LL AA WEST WIND R D S T E A R N S D R STILLMAN DR SUNSET PT LA S H O REBIRD C T M AR INE D R SH OREPRESERVED R O M N I D R O M N I D R BELLAIRELA L A K E B U T T E D E S M O R T S D R W SNEL L RD W FE R N A U A V RYF RD GREEN VALLEY RD WALTERST STE A R N S D R A L G O M A B L V D ·YTNUOC"T·YTNUOC"S ·_45 ·_45 !"#$41 !"#$41 Oshkosh Oshkosh City Limit City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t OshkoshOshkoshCityCityLimitLimit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t HI I I I-PD I-PD MH-9-PD MR-12-PDMR-12-PDMULTIPLE NMU-PD SMU SMU-PD SR-3-PD SR-5 SR-5 UI UI-PD UI-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/14/2023 1 in = 1,000 ft 1 in = 0.19 mi¯LAKE BUTTE DES MORTS DR 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 S T E A R N S DR OMNI D R B E L L A I R E L A ALG O M A B L V D S T E A R N S D R W SNELL RD LAKEBUTTEDESMORTS DR ·_45·_45 !"#$41 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/14/2023 1 in = 400 ft 1 in = 0.08 mi¯LAKE BUTTE DES MORTS DR 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 THERE ARE NO ATT ACHMEN TS ASSO CIATED WITH THIS ITEM THERE ARE NO ATT ACHMEN TS ASSO CIATED WITH THIS ITEM THERE ARE NO ATT ACHMEN TS ASSO CIATED WITH THIS ITEM City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: April 2, 2023 RE: Cooperative Purchase of Mobile Column Lifts from Stertil-Koni USA, Inc. for Parks Department ($35,749.09) BACKGROUND The Common Council amended the 2022 CIP and allocated $10,200,000.00 for the construction of the new Parks Administration and Operations Facility. Within the project budget there is funding for one set of mobile column lifts. The lifts will be used by Parks staff to perform maintenance and repairs to vehicles and equipment in a more efficient and safe manner. This memo is to report the purchase of these lifts pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that Stertil-Koni USA, Inc. holds the Sourcewell cooperative contract (#013020-SKI) for these lifts. Using this cooperative contract the city will save $14,029.91 (29%) off list price. FISCAL IMPACT The 2022 CIP allocated $10,200,000.00 for this building project. The total fiscal impact of these lifts using the cooperative contract discount is $35,749.09. There are sufficient funds within this building project budget A/N# 03230610 7214 63115 (Buildings- Parks Administration and Operations Facility) for this purchase. RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12-15 of the Municipal Code, 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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: April 2, 2023 RE: Cooperative Purchase of two 2023 Chevrolet Silverado 1500 Pickup Trucks from Napleton Chevrolet Columbus for Engineering Division ($44,077.05) and Facilities Maintenance Division ($45,259.85) and a Ford Edge Compact SUV from Ewald Automotive Group for Engineering Division ($37,257.00) BACKGROUND The Common Council allocated funds in the 2023 CIP for the purchase of three new vehicles as noted in the table below. This memo is to report the purchase of these vehicles pursuant to the cooperative purchase exception of our purchasing ordinance. 2023 CIP Allocation, Dept./Div. & Justification for Need Cooperative Contract Dealer & Vehicle Cooperative Contract Cost ½ ton 4WD Pickup w cab- $43,000 Engineering Division- replacing 2013 Ford ¾ ton van w/ 123K miles 2023 Chevy Silverado 4WD Crew Cab short box bed- Napleton Chevrolet Columbus $44,077.05 ½ ton 4WD Pickup-$35,000 Facilities Maintenance Division- replacing 1997 GMC ¾ ton van w 39K miles 2023 Chevy Silverado 4WD Crew Cab- Napleton Chevrolet Columbus $45,259.85 Compact SUV- $27,500 Engineering Division- new vehicle needed for inspecting permits 2023 Ford Edge AWD- Ewald Automotive Group $37,257.00 ANALYSIS Purchasing confirmed both Napleton Chevrolet Columbus and Ewald Automotive Group hold State of Wisconsin cooperative contracts (#505ENT-M21-VEHICLES-04) for Ford and Chevrolet vehicles. Purchasing was made aware these three vehicles were still available in dealer allocation. By using the cooperative contracts for these vehicles, the city was able save a total of approximately $18,414.00 off list price and secure these vehicles in 2023 dealer allocations, avoiding additional manufacturer delays and increased costs for 2024 model units. FISCAL IMPACT The 2023 CIP allocated $43,000 for the Pickup truck for Engineering. The cooperative contract cost for this truck was $44,077.05 to be charged to A/N# 03230420 7210 66014 (Mo tor Vehicles- Pickup Truck). The 2023 CIP allocated $35,000 for the Pickup truck for Facilities Maintenance. The cooperative contract cost for this truck was $45,259.85 to be charged to A/N# 03230130 7210 66003 (Motor Vehicles- Pickup Truck). The 2023 CIP allocated $27,500 for the Compact SUV for Engineering. The cooperative contract cost for this SUV was $37,257.00 to be charged to A/N# 03230420 7210 66014 (Motor Vehicles- Compact SUV). Finance has confirmed there is sufficient CIP contingency funding to cover the total overage for all three vehicles ($21,093.90). RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12-15 of the Municipal Code, and because each of these vehicles does not exceed $75,000 each, I am hereby submitting a report of these vehicle purchases to the Common Council. If you have any questions on this purchase, please contact myself or General Services Manager Jon Urben. Respectfully Submitted, Mark A. Rohloff, City Manager City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options Staff will provide summary of options other than replacement fees as part of first quarter goal update. 4/25/2023 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. 4/25/2023 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. 4/25/2023 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. 6/30/2023 DEI Strategic Plan approved on 3/14/23 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.6/30/2023 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 Staff reviewing counter proposal 4/11/2023 Council Meeting