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
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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
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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
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4
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9
SH
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3
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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
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5
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9
SH
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2
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SH
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4
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9
SH
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3
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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
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T
3
C.
S
.
M
.
N
O
.
8
0
0
5
D
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N
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1
8
9
9
5
0
9
NOTE: SEE LINE TABLE
ON SHEET 7 OF 9
EASEMENT
AREA "A"
12
'
1
2
'
SH
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T
5
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F
9
SH
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2
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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
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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
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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
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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
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PLOT DATE: 2/6/2023 11:23 AM
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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
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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
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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
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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
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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
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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
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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
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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
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ASSO CIATED
WITH THIS ITEM
THERE ARE NO
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THERE ARE NO
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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
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providing Council options
Staff will provide summary of options other than
replacement fees as part of first quarter goal
update.
4/25/2023
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6/9/2020 City Manager Community Conversations to address racism
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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
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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