HomeMy WebLinkAbout05.23.23 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
May 23, 2023
**REVISED
A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Ford
B. ROLL CALL
C. INVOCATION
D. PLEDGE OF ALLEGIANCE
Merrill Elementary and Middle School
E. PRESENTATION
Acanthus Awards
Brooklyn Lofts
926 North Main Street
Cabrini Lofts
F. CITIZEN STATEMENTS TO COUNCIL
(Citizens wishing to speak must register through the city’s website or the “Connect Oshkosh”
smartphone app. 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
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.)
01. Report of Bills by the Finance Director
02. Receipt & Filing of Meeting Minutes - Common Council Meeting 05.09.23
03. Receipt & Filing of Meeting Minutes - Museum Board Meeting 04.06.23
04. Receipt & Filing of Meeting Minutes – Library Board Meeting 03.30.23
OSHKOSH COMMON COUNCIL – May 23, 2023
NOTE: The Council has a five-minute rule for all speakers addressing an item on the agenda. If you require more time please
inform the Mayor at the beginning of your presentation.
G. CONSENT AGENDA ITEMS continued
05. Receipt & Filing of Claim file with the City’s Insurance Company:
Paul Klemp, Alleged damage to tire from nail in roadway near Murdock and N. Main
06. Res 23-236 Reject Bid for Public Works Contract No. 23-15 for Wastewater Treatment Plant
Digester and Headworks Roofs Replacement
07. Res 23-237 Award Bid for Public Works Contract No. 23-22 to Vinton Construction Co., Inc.
for Sanitary Sewer Lining – Various Locations ($863,492.50)
08. Res 23-238 Approve Street Dedication Siewert Trail and Oak Street (Plan Commission
Recommends Approval)
09. Res 23-239 Approve General Development Plan & Special Implementation Plan Approval
for a Commercial Development on the Property Located at 420 South Koeller
Street (Plan Commission Recommends Approval)
10. Res 23-240 Approve Conditional Use Permit Request for a Temporary Use Permit Extension
at 420 South Koeller Street (Plan Commission Recommends Approval)
11. Res 23-241 Approve Conditional Use Permit Request for a New Elementary School at
915 Hazel Street (Plan Commission Recommends Approval)
12. Res 23-242 Approve General Development Plan Amendment and Specific
Implementation Plan for a Commercial Development at Northwest Corner
of Oshkosh Avenue & North Westfield Street (Plan Commission Recommends
Approval)
13. Res 23-243 Amend 2023 CIP and Award Bid to Vinton Construction for Westhaven
Circle and Teichmiller Park Tennis and Pickle Ball Court Reconstruction
for Parks Department ($235,498.00)
14. Res 23-244 Amend 2023 CIP and Approve Cooperative Purchase of Leaf Vac from
MacQueen Equipment for Storm Water Utility ($67,156.00)
15. Res 23-245 Approve Special Event – Oshkosh Farmers Market Inc. to utilize 400 & 500
Blocks of Main Street & 100 Block of Church Avenue for the Oshkosh
Farmers Market – Downtown, June 3 through October 28, 2023 (Saturdays)
16. Res 23-246 Approve Special Event – Friends of the Oshkosh Seniors Center to utilize
South Park for the Food Truck Friday events, June 9 & August 11, 2023
17. Res 23-247 Approve Special Event – Simply Yoga, LLC to utilize Opera House
Square for Yoga in the Park, June, 10, June 24, July 8, July 22 and August 12, 2023
18. Res 23-248 Approve Special Event – Life Promotions to hold Lifest at the Sunnyview
Exposition Center & to utilize Winnebago County Community Park for
Lifest Parking and 5K, July 6 – 9, 2023
19. Res 23-249 Approve Special Event – Winnebago Bicycle to utilize N. Main Street for
their 10 Year Anniversary Party & Race, July 22, 2023 (Withdrawn by Staff)
20. **Res 23-250 Approval Special Event – John Sakschek to utilize Opera House Square
(Sundial Area) for the Franki Moscato – Inspiration Celebration series,
July 29, August 26 & September 30, 2023
OSHKOSH COMMON COUNCIL – May 23, 2023
NOTE: The Council has a five-minute rule for all speakers addressing an item on the agenda. If you require more time please
inform the Mayor at the beginning of your presentation.
G. CONSENT AGENDA ITEMS continued
21. Res 23-251 Approve Special Event – FM Entertainment to utilize the Leach
Amphitheater for the Train concert, August 6, 2023
22. Res 23-252 Approve Special Event – Solutions Recovery Inc. to utilize Menominee
Park & City streets for the Recovery Fest run-walk event, September 10, 2023
23. Res 23-253 Approve Block Party – McHenry Johnson to utilize Casey Trail off of
Mockingbird Way to hold their neighborhood block party, July 15, 2023
24. **Res 23-254 Re-Appointment to Various Boards and Commissions
25. **Res 23-255 Approve Combination “Class A” License, Class “B” Fermented Malt Beverage,
Temporary Beer Garden, ‘Special Class B’ License
H. ITEMS REMOVED FROM CONSENT AGENDA
I. NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on)
26. *Ord 23-256 Approve Zone Change from Heavy Industrial District (HI) to Heavy Industrial
District with a Planned Development Overlay (HI-PD) for Property Located at
3300 Medalist Drive (Plan Commission Recommends Approval)
27. *Ord 23-257 Approve Zone Change from Heavy Industrial District (HI) to Heavy Industrial
District with a Planned Development Overlay (HI-PD) for Properties Located at
3400 Jackson Street (Plan Commission Recommends Approval)
28. Ord 23-258 Amend Chapter 2 and Chapter 14 of the City’s Municipal Code to Implement
Recommendations Pertaining to the City’s Boards and Commissions (Staff
recommends waving the rules)
J. NEW RESOLUTIONS
29. Res 23-259 Utilize Unity in Community Funds for Sponsorship of Teams for the North
Eastern Wisconsin (N.E.W.) Dragon Boat Race Festival on September 16, 2023
(DEI Committee recommends approval)
30. Res 23-260 RESOLUTION authorizing the issuance of not to exceed $6,405,000 aggregate
principal amount of General Obligation Corporate Purpose Bonds, Series 2023A,
of the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects in and for the City, prescribing details of said
bonds and the form of bond, authorizing the award of said bonds to the best
bidder therefor, levying taxes, and related matters.
31. Res 23-261 RESOLUTION authorizing the issuance of not to exceed $6,055,000 aggregate
principal amount of Storm Water Utility Revenue Bonds, Series 2023B, of the
City of Oshkosh, Winnebago County, Wisconsin, for the purpose of completing
certain capital projects related to the City’s stormwater utility system, prescribing
details of said bonds and the form of bond, providing for the payment of said
bonds and the covenants with respect thereto, authorizing the award of said
bonds to the best bidder therefor and related matters.
OSHKOSH COMMON COUNCIL – May 23, 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.
J. NEW RESOLUTIONS continued
32. Res 23-262 RESOLUTION authorizing the issuance of not to exceed $7,430,000 aggregate
principal amount of Water System Revenue Bonds, Series 2023C, of the City of
Oshkosh, Winnebago County, Wisconsin, for the purpose of completing certain
capital projects related to the City’s waterworks system, prescribing details of
said bonds and the form of bond, providing for the payment of said bonds and
the covenants with respect thereto, authorizing the award of said bonds to the
best bidder therefor and related matters.
33. **Res 23-263 Approve Annual City Licenses (Renewals)
34. Res 23-264 Approve Combination “Class B” License / New License for Oshkosh Convention
Center - 2 N. Main St.
K. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
35. Future Agenda Items:
A. Direction Related to Non-Renewal Hearing – June 13, 2023
Red’s Pizza
36. Future Workshops:
A. June 27 – Housing Workshop (Kelly Nieforth)
B. June 28 – Budget Workshop – CIP/Debt/Special Assessments
C. July 25 – City Managers mid-year review/check in
L. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
37. Report of Council Liaison for Boards & Commissions
M. CITY MANAGER ANNOUNCEMENTS & STATEMENTS
38. Oshkosh Media – Best of the Midwest Media Fest Award
39. Outstanding Issues
N. ADJOURN
WE COME TOGETHER THIS EVENING TO DISCUSS
THE ISSUES THAT CONFRONT OUR CITY. MAY WE
ALWAYS SEEK THE WISDOM TO DO THINGS THAT
REFLECT OUR CONCERN FOR THE PEOPLE WHOM
WE REPRESENT.
Certified Local Government
2022
Annual Report
La lux del Mundo Iglesias (German Methodist Episcopal Church, 1875
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
Washington Avenue Historic District
Washington Avenue Neo-Classical District
North Main Historic District
Irving-Church Historic District
North Main Bungalow Historic District
Algoma Boulevard Historic District
Riverside Cemetery Historic District
Oshkosh Normal School Historic District
Paine Lumber Historic District
Local Landmark
National/State Register Property
Oshkosh Historic Resources
Washington Avenue Historic District
Washington Avenue Neo-Classical District
North Main Historic District
Irving-Church Historic District
North Main Bungalow Historic District
Algoma Boulevard Historic District
Riverside Cemetery Historic District
Oshkosh Normal School Historic District
Paine Lumber Historic District
Local Landmark
National/State Register Property
Oshkosh Historic Resources
Oshkosh Landmarks Commission:
2022 Annual Report
2022 COMMISSION GOALS
Web Site / Facebook – Update the Landmarks Commission website presence and post materials and news on
facebook related to historic preservation topics.
Include Historic Preservation in all City Planning Efforts - Raise awareness of the importance of historic
preservation in all City departments and planning processes.
Education and Outreach Programming - Promote Commission programs through writing monthly articles and
giving presentations to community organizations.
Historic Plaque and Marker Program – Reach out to commercial and residential historic property owners to apply
for and purchase a Landmarks historic plaque for their building.
Marketing Efforts – Continue to work with other historic-focused groups & community agencies for joint
marketing efforts regarding historic tax credits, historical tours, brochures, and historical education.
Local Landmarking – Identify properties using the 1981 and 2006 Historic Resources Surveys that are eligible to
locally landmark and create interest and incentives for owners.
Research and Present the Acanthus Award– Take nominations, perform historic research and present historic
preservation awards for historic preservation efforts.
COMMISSION MEMBERSHIP
Shirley Brabender Mattox, Chairperson
Steve Cummings, Vice-Chairperson
Bill Miller, Council Representative
Nikki Stoll Olthoff
Gerald Jacklin
Andrew Smith
Sara Stichert
Paulette Feld
Kristopher Ulrich
Staff Liaison - Alexa Naudziunas (former), Jeffrey Witte (current)
MISSION STATEMENT
The Landmarks Commission is charged with fostering the protection, enhancement and perpetuation of historic
improvements and of districts which represent or reflect elements of the City’s cultural, social, economic, political and
architectural history, safeguard and fostering civic pride in the City’s historic and cultural heritage as embodied in
landmarks and historic districts.
LANDMARKS COMMISSION ANNUAL REPORT 2022
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
Oshkosh Landmarks Commission:
2022 Annual Report
Oshkosh Landmarks Commission:
2022 Annual Report
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
Section 106 Requests
There were 2 opportunitis for the Landmaks Commission to respond to Section 106 request.
A letter was written o behalf of the landmarks Commission to:
1) WISDOT ID 4110-33-00 Proposed Rehabilitation of U.S. Highway 45/Main Street Bridge.
2) EBI Project #61220005763 Telecommunications Facility Installation.
SOCIAL MEDIA(Facebook)
The Landmarks Commission maintains a Facebook page as a means of reaching the community regarding
preservation-related initiatives. A few Commission members have volunteered to assist in posting material on the
Facebook page. Materials posted on the page have included weekly postings on significant architecture in Oshkosh,
links to State and National resources such as Technical Preservation Briefs, and updates on major preservation
activities and events. A number of Commissioners have expressed their interest in diversifying the Commission’s
social media to include platforms other than just Facebook. The Commission believes that this will broaden their
reach with audiences of all age groups. Social media is a powerful tool by which Landmarks can update the public
on events such as workshops, featured speakers, educational efforts, etc. Efforts are ongoing to increase activity
on the Facebook page and determine programming for social media. The Landmarks Facebook page has greatly
increased the number of page followers over the past year.
Oshkosh Landmarks Commission:
2022 Annual Report
The above shows a screenshot of the Landmarks Facebook page along with
images of local buildings covered in previous postings.
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
PROVIDE ASSISTANCE TO PROPERTY OWNERS SEEKING TAX
CREDITS
The Landmarks Commission reviewed the work permits from the previous month to determine whether there were
projects that would qualify for historic tax credits which had not yet been started. There needs to be a better process
for owners of a historic property to be informed about tax credits. The information comes too late and most projects
are already taking place.
The Landmarks chairman visited the business owners of an 1875 building half a dozen times to discuss restoring
and/or replacing the windows with wood windows including the round arch. This is still a work in progress with
possible city grants.
The Landmarks Chairman contacted a number of owners to let them know of potential historic tax credits for their
permitted projects. Unfortunately, work had begun, or the contracts had already been signed.
The Jessie Jack Hooper House at 1149 Algoma Boulevard was designed in the 1890s by William Waters and is a contributing
structure in the district. The Commission and staff provided information on tax credit programs to the owner.
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
Oshkosh Landmarks Commission:
2022 Annual Report
Oshkosh Landmarks Commission:
2022 Annual Report
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
OTHER AGENCY COORDINATION & ASSISTANCE
Coordination and assistance to other agencies and community groups is an important aspect of the Commission’s
functions. The Commission worked on a number of projects including:
• The Landmarks Commission has been a CLG since October 23, 2007. The Agenda and Minutes for the
Landmarks Commission and the basic 2021 Annual Report form 2021 were submitted to Jason Tish, State
Historic Preservation Office.
• Commissioners Jerry Jacklin and Shirley Brabender Mattox attended the Wisconsin Historical Society Fall
conference online October 13-14.
• WHS-SHPO Claire Bushemi and Jason Tish presented a Historic Tax Credit Workshop at the Oshkosh Public
Museum May 18, attended by Shirley Brabender Mattox, and Community Development Staff.
• Landmarks Commission is a member of Wisconsin Association of Historic Preservation Commissions
(WAHPC). Spring Conference (online) was attended by Jerry Jacklin and Shirley Brabender Mattox, who also
serves on the Board and is the Newsletter editor.
• The Oshkosh Public Library Reference librarians offer their time and support in research of materials for
numerous historic properties and projects.
BUILDING PERMIT REVIEW
PROGRAM
The Landmarks Commission review work permits
for buildings in National Historic districts from the
previous month to determine whether there were
projects that would qualify for historic tax credits
which had not yet been started. There needs to be a
better process for owners of a historic property to be
informed about tax credits. The information comes too
late and most projects are already taking place.
The Landmarks chairman visited the business owners
of an 1875 building half a dozen times to discuss
restoring and/or replacing the windows with wood
windows including the round arch. This is still a work
in progress with possible city grants.
The Landmarks chairman contacted a number of
owners to let them know of potential historic tax
credits for their permitted projects. Unfortunately,
work had begun, or the contracts had already been
signed.
Oshkosh Landmarks Commission:
2022 Annual Report
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
PUBLIC OUTREACH
The Landmarks Commission goal to reach out to the community resulted in the following projects:
City Manager’s State of the City Address—Staff and the Commission provided information on the Commission’s
work to preserve Oshkosh’s historic resources and inform residents about historic tax credits.
Website Update—improved access to information about Landmarks Commission activities, historic preservation, and
links to local and statewide resources.
Facebook Page - Maintained the Landmarks Commission Facebook page with updates about ongoing activities and
to create awareness of historic preservation. There are now over 564 followers.
Oshkosh Herald - Commissioner Kristopher Ulrich reached out to Dan Raherty, editor of the Oshkosh Herald who
offered to publish a monthly article written by members of the Landmarks Commission. The topics covered were
Introduction to the Landmarks Commission, the Historic Plaque Program, Sustainability and Historic Preservation,
the Adaptive Reuse of St. Mary’s School (Cabrini Flats), Henry Auler – Oshkosh architect, the 2022 Acanthus
Award Winners, and a series of articles explaining the resources available to research the history of one’s home
using the Oshkosh Public Library and the Register of Deeds.
Oshkosh Landmarks Commission:
2022 Annual Report
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
HISTORIC PLAQUE PROGRAM
The City of Oshkosh has many historically significant residential, commercial, and institutional buildings. To
recognize these properties in the present and their place in our collective past, the Oshkosh Landmarks Commission
has continued the Historic Plaque Program to share the history of these buildings and our community.
One property owners applied for plaques during the 2022 reporting period. 907 Washington Avenue - presentation
of the plaque and tour of the restoration work throughout the home (Photos)
Oshkosh Landmarks Commission:
2022 Annual Report
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
ACANTHUS AWARDS
Since 1981, the City of Oshkosh has honored members of the community that have made contributions to local
historic preservation through awarding of the Acanthus Awards. The Acanthus Awards are generally given in five
categories, although awards may not necessarily be given in each category every year. Awardees include property
owners and individuals involved in activities that have enhanced our historic and cultural resources.
Oshkosh Landmarks Commission:
2022 Annual Report
Award Categories
Retention of a Residential or Commercial Building - substaintial amount of inteior / exterior are retained and preserved.
Facade Rehabilitation of a Residential or Commercial Building - Maintenance, repair, or reconstruction of an historic
exterior that preserves architectural style and features
Adaptive Reuse of a Residential or Commercial Building - preservation of an historic building but giving the building a
new life and modern purpose
Preservation Activities - this category is awarded to individuals or organizations that advance the cause of Historic
Preservation. Subjects include documentation of Oshkosh history, historic districts or areas, crafts and artifacts, and or
technology.
Special Achievement - Accomplishments regarding historic preservation, education, and awareness and lifetime work that
has become an integral part of Oshkosh’s culture and history
Website - https://www.ci.oshkosh.wi.us/LandmarksCommission/
Facebook Page - https://www.facebook.com/oshkoshlandmarks/
The Landmarks Commission presented the following Acanthus Awards:
La lux del Mundo Iglesias (German Methodist Chruch, 1875) sabilizing and preserving stained glass windows
Adaptive Reuse of the Waite Grass Carpet Company Property (Waite Rug Place)
Gibson Social Club (Gibson Tire Company) adaptive reuse
Postcard History Series: Oshkosh by Michelle Lokken, 2020
907 Washington Ave (R.J. Weisbrod, 1870) – David Beardsley and Sue Tatum for restoration and preservation
2023 Acanthus
Awards
2023 Acanthus Awards
Renovation
601, 603, 605 S. Main Street
BROOKLYN LOFTS
2023 Acanthus Awards
Renovation
601, 603, 605 S. Main Street
BROOKLYN LOFTS
before
2023 Acanthus Awards
Renovation
601, 603, 605 S. Main Street
BROOKLYN LOFTS
after
2023 Acanthus Awards
Renovation
601, 603, 605 S. Main Street
Equity Trust Co
BROOKLYN LOFTS
Preservation
926 N. Main Street (Former McComb Home)
2023 Acanthus Awards
Ada and Krystal Ramirez
Preservation
926 N. Main Street (Former McComb Home)
2023 Acanthus Awards
Ada and Krystal Ramirez
Preservation
926 N. Main Street (Former McComb Home)
2023 Acanthus Awards
Ada and Krystal Ramirez
Preservation
926 N. Main Street (Former McComb Home)
2023 Acanthus Awards
Ada and Krystal Ramirez
Adaptive Reuse
Cabrini School Lofts ( Former St. Francis Cabrini Elementary School )
619 Merritt Ave
Northpointe Development
Cabrini School Lofts
2023 Acanthus Awards
Adaptive Reuse
Cabrini School Lofts ( Former St. Francis Cabrini Elementary School )
619 Merritt Ave
Northpointe Development
Cabrini School Lofts
2023 Acanthus Awards
Adaptive Reuse
Cabrini School Lofts ( Former St. Francis Cabrini Elementary School )
619 Merritt Ave
Northpoint Development
Cabrini School Lofts
2023 Acanthus Awards
Adaptive Reuse
Cabrini School Lofts ( Former St. Francis Cabrini Elementary School )
619 Merritt Ave
Northpointe Development
Cabrini School Lofts
2023 Acanthus Awards
Adaptive Reuse
Cabrini School Lofts ( Former St. Francis Cabrini Elementary School )
619 Merritt Ave
Northpointe Development
Cabrini School Lofts
2023 Acanthus Awards
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
7252 05/12/2023 AIRGAS USA LLC 3,039.49
7253 05/12/2023 AURORA HEALTH CARE 3,769.00
7254 05/12/2023 BADGER LAB & ENGINEERNG CO INC 8,640.70
7255 05/12/2023 BEZIO ANIMAL CONTROL 1,500.00
7256 05/12/2023 BROCK WHITE COMPANY LLC 8,995.90
7257 05/12/2023 BROOKS TRACTOR INC 144,598.34
7258 05/12/2023 BROWN AND CALDWELL 1,785.16
7259 05/12/2023 CARRICO AQUATIC RESOURCES INC 6,900.00
7260 05/12/2023 CASEY M CANADY 36.68
7261 05/12/2023 CENTURYLINK 36.56
7262 05/12/2023 CINTAS CORPORATION 719.98
7263 05/12/2023 CONVERGENT INSURANCE BROKERS, LLC 1,827.67
7264 05/12/2023 CORE AND MAIN LP 7,350.00
7265 05/12/2023 ENERGY SOLUTION PARTNERS LLC 24,164.19
7266 05/12/2023 ENVIROTECH EQUIPMENT 2,277.79
7267 05/12/2023 EWALD'S HARTFORD FORD LLC 37,257.00
7268 05/12/2023 FIRE APPARATUS & EQUIPMENT INC 48.42
7269 05/12/2023 GFL ENVIRONMENTAL 163.88
7270 05/12/2023 GODFREY AND KAHN SC 20,067.00
7271 05/12/2023 J F AHERN CO 575.00
7272 05/12/2023 JFTCO INC 3,725.90
7273 05/12/2023 JOSEPH M STANDIFORD 149.34
7274 05/12/2023 JUSTIFACTS CVS INC 351.65
7275 05/12/2023 KEMIRA WATER SOLUTIONS INC 10,341.81
7276 05/12/2023 KL ENGINEERING INC 2,682.61
7277 05/12/2023 KWIK TRIP INC 2,243.12
7278 05/12/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 48,998.91
7279 05/12/2023 MACQUEEN EQUIPMENT GROUP 1,070.69
7280 05/12/2023 MCNEILUS FINANCIAL INC 3,806.89
7281 05/12/2023 MICHELS ROAD AND STONE, INC 2,155.57
7282 05/12/2023 NORTHEAST ASPHALT INC 6,729.21
7283 05/12/2023 NORTHERN LAKE SERVICE INC 2,399.53
7284 05/12/2023 OCEAN CONSULTING GROUP 600.00
7285 05/12/2023 OSHKOSH CITY CAB CO INC 99,988.00
7286 05/12/2023 OTIS ELEVATOR COMPANY 3,305.64
7287 05/12/2023 PACKER CITY INTL TRUCKS INC 3,477.21
7288 05/12/2023 PICKARTS RADIATOR 3,777.45
7289 05/12/2023 PLYMOUTH LUBRICANTS 3,044.82
7291 05/12/2023 PREMISE HEALTH SYSTEMS INC 33,715.42
7292 05/12/2023 PROFESSIONAL SVC INDUSTRIES 6,259.91
7293 05/12/2023 PSYCHOLOGIE CLINIQUE SC 1,825.00
7294 05/12/2023 QUALITY TRUCK CARE CENTER INC 1,943.27
7295 05/12/2023 RNOW INC 59.47
7296 05/12/2023 ROGAN'S SHOES 93.50
7297 05/12/2023 RUCINSKYS PAINT AND DECORATING LLC 820.00
7298 05/12/2023 SERVICEMASTER BLDG MAINTENANCE 1,080.00
7299 05/12/2023 SMITHGROUP INC 7,500.00
7300 05/12/2023 VALLEY VNA HEALTH SYSTEMS INC 2,036.64
7301 05/12/2023 WI PUBLIC SERVICE CORP 193,668.98
7302 05/12/2023 WILLIS TOWERS WATSON MIDWEST INC 20.00
503103 05/12/2023 FLEX O LITE INC 5,016.00
503104 05/12/2023 AARON BAER 360.00
503105 05/12/2023 ASSURANCE TITLE SERVICES INC 900.00
503106 05/12/2023 AT & T 1,481.16
503107 05/12/2023 BEST WESTERN PREMIER WATERFRONT HOTEL 949.12
503108 05/12/2023 BLR BUSINESS AND LEGAL RESOURCES 573.00
503109 05/12/2023 BOUND TREE MEDICAL LLC 1,259.90
503110 05/12/2023 BRANDON C NIELSEN 126.42
503111 05/12/2023 CARYN BEHLMAN 44.54
503112 05/12/2023 CHRIS HAEDT 54.37
503113 05/12/2023 DANIEL HICKEY 161.73
503114 05/12/2023 ENRIQUE ORTEGA 66.81
503115 05/12/2023 GALLS LLC 293.15
503116 05/12/2023 GOVERNMENT FINANCE OFFICERS ASSN 595.00
503117 05/12/2023 HARVEY JAMES P 981.89
503118 05/12/2023 HILDEBRAND HOUSING COMPANY LLC 35.36
503119 05/12/2023 HYDROCLEAN EQUIPMENT INC 1,209.00
503120 05/12/2023 JACOB DEDERING 138.21
503121 05/12/2023 JOSHUA FLEMING 71.40
503122 05/12/2023 A. KALMERTON WELDING SUPPLIES 429.30
503123 05/12/2023 KATRINA MALSON 74.67
503124 05/12/2023 KLINK EQUIPMENT 1,203.72
503125 05/12/2023 KODI PARKER 45.85
503126 05/12/2023 LEIGH SCHUH 188.64
503127 05/12/2023 MARK A ROHLOFF 125.11
503128 05/12/2023 MICHELLE BEHNKE 19.36
503129 05/12/2023 NORTHERN TELEPHONE &DATA CORP 195.50
503130 05/12/2023 JESSE CLARK 360.20
503131 05/12/2023 ACCU PROPERTIES LLC 2,000.00
503132 05/12/2023 ACCU PROPERTIES LLC 2,000.00
503133 05/12/2023 CHAD SWEETING 30.00
503134 05/12/2023 CHRISTOPHER BARRY 2,000.00
503135 05/12/2023 CRAIG J DELORME 2,000.00
503136 05/12/2023 Laura Barber 25.00
503137 05/12/2023 THERESA SLOVER 52.50
503138 05/12/2023 TINA J GARCIA 2,000.00
503139 05/12/2023 OSHKOSH HEATING AND AIR LLC 94.00
503140 05/12/2023 OSHKOSH HERALD LLC 274.94
503141 05/12/2023 OSHKOSH ROTARY CLUB 232.00
503142 05/12/2023 CITY OF OSHKOSH UTILITIES 62.21
503143 05/12/2023 POMP'S TIRE SERVICES INC 4,679.05
503144 05/12/2023 POMP'S TIRE SERVICES INC 3,958.62
503145 05/12/2023 REP FITNESS LLC 3,108.54
503146 05/12/2023 ROXY SUPPER CLUB 379.80
503147 05/12/2023 RYAN BUSCHING 62.88
503148 05/12/2023 SALZSIEDER RENTALS LLC 16.32
503149 05/12/2023 SHELLEY SUE KRUEGER 50.00
503150 05/12/2023 SOUTH PARK TIC GROUP 51.05
503151 05/12/2023 STANARD AND ASSOCIATES INC 588.00
503152 05/12/2023 STATE BAR OF WISCONSIN 1,569.00
503153 05/12/2023 TDS 38.17
503154 05/12/2023 WIMBUSH AND ASSOCIATES, INC 160.00
503155 05/12/2023 HD SUPPLY FACILITIES MAINTENANCE LTD 22.72
503156 05/12/2023 TIMOTHY HEIMAN 126.59
503157 05/12/2023 TKK ELECTRONICS C/O US BANK NA 141.45
503158 05/12/2023 TOYS FOR TRUCKS INC 455.00
503159 05/12/2023 TREEO'S TREE SERVICE INC 76,337.00
503160 05/12/2023 UMS PRINT SOLUTIONS 492.21
503161 05/12/2023 UNITED MAILING SERVICE INC 2,468.12
503162 05/12/2023 UNITED PARCEL SERVICE 98.33
503163 05/12/2023 USDA-APHIS-WILDLIFE SERVICES 3,198.00
503164 05/12/2023 VERIZON WIRELESS 12,102.28
503165 05/12/2023 WINNEBAGO COUNTY CLERK OF COURTS 5.00
503166 05/12/2023 GANNETT WISCONSIN MEDIA 42.00
859,503.49
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
7327 05/19/2023 ADVANTAGE POLICE SUPPLY INC 301.55
7328 05/19/2023 AECOM INC 52,185.50
7329 05/19/2023 BELSON CO 225.00
7330 05/19/2023 CAREW CONCRETE & SUPPLY CO INC 8,174.09
7331 05/19/2023 CINTAS CORPORATION 544.74
7332 05/19/2023 CONWAY SHIELD 69.00
7333 05/19/2023 CORE AND MAIN LP 2,100.00
7334 05/19/2023 GALLAGHER BENEFIT SERVICES INC 6,000.00
7335 05/19/2023 GARROW OIL CORP 20,265.42
7336 05/19/2023 JACOBS ENGINEERING GROUP INC 91,651.39
7337 05/19/2023 JFTCO INC 6,350.87
7338 05/19/2023 KEMIRA WATER SOLUTIONS INC 10,080.62
7339 05/19/2023 MICHELS ROAD AND STONE, INC 865.45
7340 05/19/2023 MONROE TRUCK EQUIPMENT 348.51
7342 05/19/2023 NORTHEAST ASPHALT INC 3,290.35
7343 05/19/2023 PSYCHOLOGIE CLINIQUE SC 675.00
7344 05/19/2023 P T S CONTRACTORS INC 963,414.60
7345 05/19/2023 ROGAN'S SHOES 409.99
7346 05/19/2023 RUCINSKYS PAINT AND DECORATING LLC 8,360.00
7347 05/19/2023 SADOFF IRON AND METAL COMPANY 430.51
7348 05/19/2023 SECURIAN FINANCIAL GROUP INC 20,950.65
7349 05/19/2023 STRYKER SALES CORPORATION 281.25
7350 05/19/2023 TYLER TECHNOLOGIES INC 29,501.25
7351 05/19/2023 VINTON CONSTRUCTION INC 557,236.59
7352 05/19/2023 WI PUBLIC SERVICE CORP 15,571.33
7353 05/19/2023 WOOD SEWER & EXCAVATING INC 69,558.90
503167 05/19/2023 NITRO SOFTWARE INC 4,849.25
503168 05/19/2023 ADVANCE CONSTRUCTION INC 783,153.23
503169 05/19/2023 ALEXANDER CHEMICAL CORPORATION 12,647.40
503170 05/19/2023 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00
503171 05/19/2023 AMERICAN PAYROLL INSTITUTE INC 298.00
503172 05/19/2023 ANDREW J PRICKETT 25.96
503173 05/19/2023 ANDREW LINSKENS 4,500.00
503174 05/19/2023 ANDY RADIG 111.35
503175 05/19/2023 AT & T 674.03
503176 05/19/2023 BARKER'S SANDBLASTING AND PAINTING 800.00
503177 05/19/2023 BETH OSOWSKI 37.50
503178 05/19/2023 BOB GRIFFIN CARPENTRY LLC 5,500.00
503179 05/19/2023 BOUND TREE MEDICAL LLC 705.03
503180 05/19/2023 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 433,830.80
503181 05/19/2023 GALLS LLC 2,015.77
503182 05/19/2023 GARTMAN MECHANICAL SERVICES 6,930.00
503183 05/19/2023 GIZMO OSHKOSH LLC 11,229.38
503184 05/19/2023 H20 UNDER PRESSURE INC 2,345.90
503185 05/19/2023 HENRICKSEN AND COMPANY INC 820.05
503186 05/19/2023 HENRY SCHEIN INC 778.67
503187 05/19/2023 JASON ELLIS 22.27
503188 05/19/2023 JENNIFER M STEVENS 500.00
503189 05/19/2023 JILL VAUGHAN 3,231.86
503190 05/19/2023 JODI ST CHARLES 43.23
503191 05/19/2023 JOHNSON SHIRLEY OR LAGROW LOR 34.64
503192 05/19/2023 LAURIE LAATSCH 246.94
503193 05/19/2023 MARK A ROHLOFF 307.85
503194 05/19/2023 ASCENSION WISCONSIN 340.00
503195 05/19/2023 NATIONAL MANAGEMENT LLC 274.77
503196 05/19/2023 NOFFKE LUMBER INC 246.42
503197 05/19/2023 ONA BY DESIGN 70.00
503198 05/19/2023 ACCESS SECURE DEPOSITS 489.00
503199 05/19/2023 Cecilio Garza Jr 23.00
503200 05/19/2023 LUKAS J KALLMAN 2,000.00
503201 05/19/2023 CITY OF OSHKOSH 3,642.00
503202 05/19/2023 OSHKOSH RETAIL CENTER LLC 20.98
503203 05/19/2023 PAUL SCHMIDT 37.50
503204 05/19/2023 PERSONNEL EVALUATION INC 25.00
503205 05/19/2023 PUBLIC SERVICE COMMISSION OF WI 574.11
503206 05/19/2023 QUANDT PLUMBING LLC 50.00
503207 05/19/2023 REGISTRATION FEE TRUST 678.00
503208 05/19/2023 RIESTERER & SCHNELL INC 2,045.98
503209 05/19/2023 ROBERT REWOLINSKI 9.83
503210 05/19/2023 SARAH DANAHY 975.00
503211 05/19/2023 SCHMITT TITLE LLC 33.41
503212 05/19/2023 STREICHER'S 649.99
503213 05/19/2023 THE HOME DEPOT PRO 99.57
503214 05/19/2023 THOMAS WERBLOW 37.50
503215 05/19/2023 TOM ALLEN 37.50
503216 05/19/2023 TOWN N COUNTRY TITLE LLC 56.49
503217 05/19/2023 UNITED PARCEL SERVICE 134.69
503218 05/19/2023 WINNEBAGO CO SHERIFF DEPT 6,281.00
503219 05/19/2023 WISCONSIN MEDIA 5,126.93
503220 05/19/2023 GANNETT WISCONSIN MEDIA 749.05
3,173,350.39
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
May 9, 2023
REGULAR MEETING held Tuesday, May 9 2023 at 6:02 p.m. in the Council Chambers,
City Hall.
Mayor Mugerauer presided.
PRESENT: Council Members Lynnsey Erickson, Michael Ford, Joe Stephenson, Karl
Buelow, Paul Esslinger, and Mayor Mugerauer
ALSO PRESENT: Mark Rohloff, City Manager; Diane Bartlett, City Clerk; Lynn
Lorenson, City Attorney; and John Fitzpatrick, Assistant City Manager/Director of
Administrative Services
INTRODUCTION OF STAFF:
Mike Blank – Facilities Project Coordinator
Neal Matherne – Curator of Education, Oshkosh Public Museum
CITIZEN STATEMENTS TO COUNCIL
Patty Diener, 1316 Board Street – Various Items
CONSENT AGENDA ITEMS
01. Report of Bills by the Finance Director
02. Receipt & Filing of Meeting Minutes - Common Council Meeting 04.25.23
03. Receipt & Filing of the Cash and Investment Report for March 2023
04. Res 23-218 Approve CIP Amendment and Professional Services Agreement
with AECOM for WDOT Project No. 4994-01-30 City of Oshkosh
Bowen Street Reconstruction Design ($662,038.37)
05. Res 23-219 Approve Acceptance of Waivers of Special Assessment Notices and
Hearings for Storm Sewer Laterals
06. Res 23-220 Approve Final Resolution for Special Assessments for Storm Sewer
Laterals Relating to Contract 23-20 / Various Locations with Signed
Waiver
07. Res 23-221 Award Bid for Public Works Contract No. 23-20 to Wood Sewer &
Excavating for Storm Sewer Laterals / Various Locations
($830,256.73)
08. Res 23-222 Award Bid for Public Works Contract No. 23-10 to Vinton
Construction Company, Inc. for Parking Lot Construction and
Miscellaneous Paving ($893,580.84)
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
May 9, 2023
09. Res 23-223 Approve Cooperative Purchase of Truck Chassis from Quality
Truck Care Center for Sanitation Division ($198,745.00)
10. Res 23-224 Approve Block Party – Dave Vienola to utilize 16th Avenue for
their neighborhood block party, May 20, 2023
11. Res 23-225 Approve Appointment of City Manager as City of Oshkosh
Representative to East Central Wisconsin Regional Planning
Commission
12. Res 23-226 Approve Lease Extension with Oshkosh Community YMCA / Red
Arrow Park Baseball Complex Concessions Operations
13. Res 23-227 Appointments of Council Members as Liaisons to Board &
Commissions
14. Res 23-228 Approve Combination “Class B” License, Special Class “B”
Licenses, Approve Transfer of Combination “Class B” License
MOTION TO ADOPT CONSENT AGENDA except item 13. Res 23-227 AND
item 14. Res 23-228 Ford; second Stephenson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
ITEMS REMOVED FROM CONSENT AGENDA
13. Res 23-227 Appointments of Council Members as Liaisons to Board &
Commissions
MOTION TO APPROVE: Ford, second Buelow
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
14. Res 23-228 Approve Combination “Class B” License, Special Class “B”
Licenses, Approve Transfer of Combination “Class B” License
MOTION TO APPROVE: Esslinger, second Erickson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
PENDING ORDINANCES
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
May 9, 2023
15. Ord 23-229 Approve Zone Change from Heavy Industrial District (HI) to
Heavy Industrial District with a Planned Development Overlay
(HI-PD) for Property Located at 2665 Oregon Street (Plan
Commission Recommends Approval)
MOTION TO APPROVE: Esslinger, second Buelow
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
16. Ord 23-230 Establish no parking on W. Ripple Avenue, south side from Oregon
Street to Red Oak Court
MOTION TO APPROVE: Stephenson, second Erickson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
17. Ord 23-231 Extend no parking during school hours on Smith Avenue to 4:00
p.m. (south side)
MOTION TO APPROVE: Ford, second Stephenson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
NEW RESOLUTIONS
18. Res 23-232 Approve Revised Fund Balance Policy
MOTION TO APPROVE: Buelow, second Erickson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
19. Res 23-233 Approve Rental Fees for Lakeshore Park 4 Seasons Building
MOTION TO APPROVE: Buelow, second Erickson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
May 9, 2023
20. Res 23-234 Approve General Development Plan and Specific Implementation
Plan to Allow Outdoor Commercial Entertainment at 2665 Oregon
Street (Plan Commission Recommends Approval)
MOTION TO APPROVE: Stephenson, second Buelow
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
21. Res 23-235 Approve Board, Commission and Committee Subcommittee
Recommendations
MOTION TO APPROVE: Esslinger, second Erickson
CARRIED: Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and
Mayor Mugerauer
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA
ITEMS
22. Future Agenda Items:
A. Options to Reduce/Eliminate
Special Assessments
23. Future Workshops:
A. June 27 – Housing Workshop
B. June 28 – Budget Workshop
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
24. Report of Council Liaison for Boards & Commissions
Council Member Ford noted that the Committee on Aging recognized and
read the proclamation of “Older Americans Month”
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
25. 2023 Goals – 1st Quarter Update
26. Professional Services Agreement with Emergency Services Consulting
International, Inc. for Community Risk Assessment for the Oshkosh Fire
Department ($42,662.00)
27. Council Portrait May 23rd at 5:30 p.m.
28. Outstanding Issues
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
May 9, 2023
ADJOURN
MOTION TO ADJOURN: Esslinger, second Erickson
CARRIED: Voice Vote
The Meeting Adjourned at 7:53PM DIANE M. BARTLETT,
CITY CLERK
Minutes of the April 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 1 of 5
Minutes of the April 6, 2023 Board Meeting
(Approved at the May 4, 2023 Board Meeting)
The April meeting of the Oshkosh Public Museum (OPM) Board was held Thursday, April 6, 2023,
in the Galena Room of the Museum. President Gabe Loiacono called the meeting to order at 4:01
pm.
The roll was taken by Administrative Assistant Theresa Books.
PRESENT AT ROLL: President Gabe Loiacono, Vice President Becky Matzke, Secretary Connie
Drexler, Board Members Tiara Cavett, Carol Fenrich, Dana Stolley and Jean Thierman, and Oshkosh
Area School District Board President Barb Herzog
EXCUSED: Superintendent of Schools Bryan Davis
ALSO PRESENT: Director Sarah Phillips, Marketing Coordinator Kate Stel, and Administrative
Assistant Theresa Books taking the Minutes.
There were no citizen statements to the Board and none were received.
Consent Agenda items included:
A. Minutes of March 2, 2023, Board Meeting
B. April Bill List
MOTION: Approve Consent Agenda. (Matzke; second Drexler)
CARRIED: Yes (8) Cavett, Drexler, Fenrich, Herzog, Loiacono, Matzke, Stolley, Thierman
President Loiacono changed the agenda order with no objection from the Board. He requested
Director Phillips present the Director’s Report.
Director Phillips began with a staffing update. She noted that OPM staff are excited to welcome
Curator of Education, Neal Matherne, PhD. Neal has a strong background in cultural engagement
and education, with experience building education programs. He brings a great deal of experience to
the OPM from his various roles in museums and educational institutions, such as the Field Museum,
University of California - Riverside, Skidmore College, and his most recent position as Director of
Education at the Cherokee Strip Regional Heritage Center in Oklahoma. Neal will be joining our
staff in early May.
As we welcome a new staff member, we say goodbye to another. Amanda Jencik, LTE Education
Coordinator, will depart from staff on April 6th. She and her husband are relocating to Seattle,
Washington. She did a phenomenal job while here, adjusting the fieldtrip presentations in various
Minutes of the April 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 2 of 5
ways and planning interesting Family Discovery Day programs. We wish her all the best in her new
adventures!
Regarding exhibition updates, Director Phillips began with This is Winnebagoland. The exhibit
opened to the public April 1st, and staff are pleased with the feedback received so far. Approximately
95 people came to the Member Exhibit Opening on the evening of March 31st. Thank you to all the
Board members who attended the opening event. Director Phillips expressed kudos to the entire
OPM staff - the completion of this exhibit brings the Museum another step forward in the
transformation of the second-floor renovation project. Additionally, the exhibit content enables staff
to reach new audiences and adds to the portfolio of topics covered in the grade-level curriculum for
the Oshkosh Area School District and Wisconsin schools.
The next big exhibit project is the Waldwic Gallery – a multipurpose space. Memories and Dreams
closed to the public on April 3rd. Staff began publicly messaging about this closure earlier this year,
which has enabled the OPM staff to answer many of the common questions and ease concerns
voiced by our visitors. Staff have already begun the work to deinstall this exhibit, and will be
working systematically to ensure all of the collection’s materials are safely removed from their cases
and returned to preservation-safe storage. As artifacts are removed, key areas of the gallery will be
dismantled to clear the room for additional work to occur, such as any necessary HVAC, electrical,
or safety-related alterations that may be identified. Two walls have been put up to block off the
construction area from the Public. This allows us to keep the second floor, with This is Winnebagoland
and the Clan Figures exhibit, open to the public.
Director Phillips next updated the Board regarding Museum branding and identity, which is in the
research phase. This was identified as an OPM goal in the 2023-2024 City of Oshkosh Strategic Plan.
The initial work to achieve the goal to “Create awareness and participation for the museum through
brand identity, marketing, and expanded programming” has started. The first phase of this work is
based on gathering data from strategic internal and external stakeholders.
Initial work was kicked off by a staff workshop, which explored staff perceptions of OPM
challenges, opportunities, strengths, and qualities that distinguish our institution. Staff also
discussed ways we could serve the needs of the community in ways that could expand our
programming opportunities and bring in new supporters.
Gathering feedback from other city colleagues and external stakeholders has added to this data.
Questions explore the perception of the OPM “personality,” visual identity, and positioning in the
cultural landscape of Oshkosh. The results of this initial phase will be discussed at a future board
meeting.
Minutes of the April 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 3 of 5
Director Phillips opened for questions. President Loiacono asked if the Board will be in on the
rebranding discussion? Director Phillips said they will. During this first phase, Board Members
interested in participating in these early branding surveys were encouraged to email Sarah to set a
time to meet.
Ms. Herzog asked, with the challenges of small exhibit spaces, can the Museum reach outside the
walls, out to schools and the community. Director Phillips noted that 25% of the new Curator of
Education’s time will be focused on outreach. When discussions were complete, that concluded the
Director’s Report.
Presentation and review of development and fundraising activities for 2023 was next. Marketing
Coordinator Kate Stel began by noting that Fund development is a significant opportunity area for
the OPM as we move into the Museum’s centennial celebration and the next 100 years. Cultivating
donor relationships is a priority.
Development plans include the membership program, a major giving program, the annual appeal,
corporate sponsorship opportunities, and fundraising events. Each of these areas requires a unique
strategy, unique collateral, and a unique fundraising proposal or “ask.”
Ms. Stel noted that at this time, a high-priority staff are working on is the creation of a major giving
program. Currently the Museum does not have any major giving program in place. It is almost a
sure thing that there are existing donors who would increase their philanthropy, if asked. To do that,
staff will be launching the Wisteria Circle.
The mission of the Wisteria Circle is for the preservation, interpretation, and enhancement of the
Museum Collections, especially the historic Sawyer Home, one of the last remaining historic homes
originally commissioned by Tiffany Studios.
The name is inspired by the wisteria window in the Museum. The window was moved from the
Sawyer Home when the Conservatory was demolished in the 1980s for the construction of the
Steiger Wing.
Details of the program include:
• Wisteria Circle patrons commit to five years of support for Museum Collections, especially
for the preservation, interpretation, and enhancement of the historic Sawyer Home.
• Patrons pledge $1,000 gift for five consecutive years for a $5,000 total gift.
• Wisteria Circle patrons enjoy all benefits at their level of giving and below. They will also
receive a special gift when they establish their commitment.
Minutes of the April 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 4 of 5
The initial event to introduce Wisteria Circle will be held Saturday, June 17, 2023, at the Museum. It
will be called “Tea with Tiffany.” The goals are to raise $10,000 through 10 inaugural Wisteria Circle
Patrons, as well as to steward existing donors and cultivate new relationships. It will be a small
capacity event with only 36 tickets available at $50 each.
Ms. Stel shared how the Board can help. She would like 2-3 volunteers to support the planning of the
event. They will help get quotes and secure table/chair rentals, consult with Kate on invitation
development, help secure entertainment, and help secure event in-kind support. The time
commitment will be biweekly meetings now through June.
Additional ways Board Members can help include the following. If you feel compelled by the
mission of the Wisteria Circle, purchase a ticket to the event. Also, if you’re connected with other
OPM supporters who might be compelled by this program, invite them, bring them!
Ms. Stel took questions and then ended her presentation.
President Loiacono began his report by presenting a plaque to Carol Fenrich in appreciation of her
20 years of service on the Museum Board. Mr. Loiacono then reported that he’d been invited to meet
with City Council Member Lynnsey Erickson and City Manager Mark Rohloff regarding the borders
used for accepting applicants for the Museum Board. At this time the applicant must be a resident of
the City of Oshkosh. President Loiacono asked if the Board is interested in expanding the borders.
Board Members expressed they are interested in expanding the borders. Ms. Matzke suggested the
applicant be within the Oshkosh Area School District. Ms. Drexler suggested an even broader reach,
for an applicant to live within Winnebago County. This would be within the mission of the Museum,
preserving history from the region. Discussion continued then President Loiacono said he will have
further discussion about it at one more Board Meeting, so people can consider it further. That
concluded the President’s Report.
President Loiacono requested the Auxiliary report.
Auxiliary President Holly Eichman reported that Mary Ellen Sedlachek, Scholarship Chairperson for
the Oshkosh Garden Club, will be presenting a program on the club’s purpose, goals, and meetings
held in Oshkosh. The Garden Club maintains a few gardens at the Museum. In addition, they hold a
yearly plant sale on the Museum grounds in May to raise funds for their scholarship program. Ms.
Eichman reported that she spoke with plant sale chairman Lee Ann Lilly. The plant sale is May 20th
this year. Ms. Eichman asked if the Auxiliary could set up a table at the plant sale with information
about the Auxiliary. Ms. Lilly said that would be fine. The Auxiliary is hoping to get some new
people interested in joining the group. That concluded the Auxiliary Report.
Minutes of the April 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 5 of 5
Director Phillips extended appreciation to the Auxiliary ladies who helped serve refreshments at the
Member Exhibit Opening on March 31st.
With no other Agenda items, President Loiacono asked for a motion to adjourn.
MOTION: Adjourn (Thierman; second Matzke)
CARRIED: Voice Vote
The meeting adjourned at 5:15 p.m.
MINUTES OF THE LIBRARY BOARD
Oshkosh Public Library
March 30, 2023
The meeting of the Oshkosh Public Library Board of Trustees was held on March 30, 2023 in the Lower Level
of the Oshkosh Public Library. The meeting was called to order at 4:00 PM by President, Bill Bracken.
A roll call vote was taken. Present were: Bill Bracken, Kim Brown, Christine Melms-Simon, Lindsey
Mugerauer, Baron Perlman, David Romond, David Rucker and Amber Shemanski. Absent were: Julie Davids,
Larry Lautenschlager and Samantha Teal, Adjunct Board Member. Others present were: Jeff Gilderson-Duwe,
Oshkosh Public Library Director; Lisa Voss, Assistant Director for Library Development; Lindsay Reuer,
Children’s Librarian and Tracie Schlaak, Administrative Specialist.
There were no public comments.
Consent Agenda Items:
• Meeting Minutes of the Special Meeting of February 28, 2023
• Vouchers Payable - $317,0139.13
Motion to approve consent agenda as presented
Motion: Perlman; Second: Romond; Vote: Unanimous
New Business
• Guest: Lindsay Reuer, Children’s Librarian gave information about the Library’s 1,000 Books Reading
Challenge.
• 2023 Endowment Fund Expenditure Proposal – Round Four:
Director proposed endowment funds expenditures to support a downtown “Greetings from Oshkosh”
mural that will feature the Library lions; to make good on a commitment made in 2021 for honorarium
support to the Oshkosh Poet Laureate; and to match a grant from local manufacturer Generac Power
Systems to support our Summer Reading Challenge.
Motion to approve the proposed Round Four endowment fund expenditures.
Motion: Perlman; Second: Brown; Vote: Unanimous
• Endowment Fund Expenditure Policy: The Board’s Finance Committee considered revision of the
Spending Guidelines section of the policy. The revision would allow library trustees to put forward
spending proposals through the agency of the Board President. Committee recommends approval.
Motion to approve the revisions to the policy as proposed.
Motion: Perlman; Second: Brown; Vote: Unanimous
• Investment & Fund Management Policy: Revisions to the policy are submitted for Board
consideration: The Director has revised text to exchange phrasing from “trust funds” to “gifts, bequests,
or permanent endowments.” The Finance Committee recommends approval.
Motion: to approve the revisions to the policy as proposed.
Motion: Perlman; Second: Shemanski; Vote: Unanimous
• OACF Endowment Funds Asset allocation: The Board’s Finance Committee considered Director’s
proposed re-allocation of assets in the five major endowment funds. Finance Committee recommends
approval.
Motion: to approve the revisions to the policy as proposed.
Motion: Mugerauer; Second: Brown; Vote: Unanimous
• Employee Manual Analysis and Review: Board President Bracken has completed a comparative
analysis of the policies in the Library and City of Oshkosh employee handbooks. A memo from
President Bracken and the Director summarizes the findings and recommends a process for further
review.
Motion: to approve the director’s process on reviewing further employee handbook revisions as outlined in the
memo to the board
Motion: Perlman; Second: Mugerauer; Vote: Unanimous
• Analysis and Proposed Revision: Library Employee Handbook, Section 221 – Vacation: Director
reviews differences between the Library policy and that of the City. Director recommends continuing
the approach approved by the board on July 28, 2022, i.e., “earn as you go” (start employment with a
balance, earn each month, use up to a maximum balance)” rather than the City’s back-loaded approach
(earn first then use). A few minor revisions are proposed to address points in the City’s policy that are
not presently addressed in the Library policy.
Motion: to approve the revisions to the policy as proposed.
Motion: Perlman; Second: Romond; Vote: Unanimous
• Proposed Personnel Policy Revision: Library Employee Handbook Section 306 – Inclement
Weather Policy: Recent weather events led to scrutiny of the Library’s policy in this area.
Opportunities both for greater clarity and for increased alignment with City policy presented
themselves.
Motion: to approve the revisions to the policy as proposed.
Motion: Brown; Second: Rucker; Vote: Unanimous
Adjournment
Motion to Adjourn the meeting at 5:25 PM
Motion: Rucker; Second: Mugerauer; Vote: Unanimous
Respectfully,
Jeff Gilderson-Duwe, Secretary
Tracie Schlaak – Recorder
May 16, 2023
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54902
RE: Insured: City of Oshkosh
Claimant Name: Paul Klemp
Claim Number: WM000702661211
Date of Loss: 05/13/2023
Statewide Services, Inc. is the third-party administrator for the League of Wisconsin
Municipalities Mutual Insurance liability and auto program. We received notice of the
above-referenced claim and want to assure you that we are in the process of reviewing it.
This claim has been assigned to:
Sarah Bourgeois, AIC, AINS
Claims Rep. II
Phone: 608-828-5439
Fax: 800-854-1537
Email Address: sbourgeois@statewidesvcs.com
Feel free to call or email the claim handler above.
Sincerely,
Statewide Services Claim Department
cc: McClone Agency – Brian Dandoy
MAY 23, 2023 23-236 RESOLUTION
(CARRIED____7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: REJECT BID FOR PUBLIC WORKS CONTRACT NO. 23-15 FOR
WASTEWATER TREATMENT PLANT DIGESTER AND
HEADWORKS ROOFS REPLACEMENT
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh advertised for bids for Wastewater Treatment
Plant Digester and Headworks Roofs Replacement; and
WHEREAS, the Department of Public Works worked with Donohue & Associates,
Inc. on the design, bid documents, and cost estimates for this Project; and
WHEREAS, the only bid received was substantially higher than the cost estimates
for this project; and
WHEREAS, Section 62.15(5) allows the City to reject bids; and
WHEREAS, it is in the best interests of the City , the Wastewater Treatment Plant
Digester and Headworks Roofs Replacement project is to reject this bid and re-bid the
project later this year.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Common Council finds that accepting the bid received for Public Works
Contract 23-15 would be against the best interests of the City and that the appropriate
City officials are hereby authorized directed to reject the bid received.
I:\Wastewater\23-15 WWTP Digester & Headworks
Roofs\Project_Information\Correspondence\Memo\23-15 Memo for Bid Rejection_5-18-23.docx
Page 1 of 1
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works / Utilities General
Manager
DATE: May 18, 2023
RE: Reject Bid for Public Works Contract No. 23-15 for Wastewater
Treatment Plant Digester and Headworks Roofs Replacement
BACKGROUND
The purpose of this Project was to replace the roofs of the Digester and Headworks
Buildings of the Wastewater Treatment Plant (WWTP).
The Department of Public Works worked with Donohue & Associates, Inc. on the design,
bid documents, and cost estimates for this Project. The cost estimate for this Project was
$275,000.
ANALYSIS
Engineering staff received only one (1) bid, which totaled $632,200. This project will be
re-bid as part of a larger WWTP roof replacement project later this year.
RECOMMENDATIONS
I recommend rejection of the bid for Public Works Contract No. 23 -15 for Wastewater
Treatment Plant Digester and Headworks Roofs Replacement.
Approved:
John M. Fitzpatrick, Assistant City Manager
SMG/tlt
Contract 23-15 - Wastewater Treatment Plant Digester and Headworks Roof Replacement (#8422714)
Owner: Oshkosh WI, City of
Solicitor: Donohue & Associates, inc.
Bid Opening: 04/24/2023 11:00 AM CDT
Section Title Item Code Item Description UofM Quantity Unit Price Extension
Section 1:$632,200.00
1
Remove two (2)
membrane roofs; install
two (2) new membrane
roofs; and salvage and re-
install HVAC equipment
and appurtenances;
complete as specified Lump Sum 1.00 $632,200.00 $632,200.00
Bid Total:$632,200.00
Cardinal Construction Co. Inc.
1183 Industrial Parkway
Fond du Lac, WI 54937
I:\Wastewater\23-15 WWTP Digester & Headworks Roofs\Project_Information\Contract Info\23-15 Bid Tab_4-24-23 Page 1 of 1 4/24/2023
MAY 23, 2023 23-237 RESOLUTION
(CARRIED_7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 23-22 TO
VINTON CONSTRUCTION CO., INC. FOR SANITARY SEWER
LINING – VARIOUS LOCATIONS ($863,492.50)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh has heretofore advertised for bids for Sanitary
Sewer Lining – Various Locations; and
WHEREAS, upon the opening and tabulation of bids, it appears that the following
is the most advantageous bid:
VINTON CONSTRUCTION COMPANY
PO Box 137
Two Rivers, WI 54241
Total: $863,492.50
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. 03210410-6802-04011 Contract Control/Sanitary Sewer/Annual - I & I
Sanitary Swr Rehab
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-22 San Swr
Lining\Project_Information\Correspondence\Memo\23-22 Memo for Bid Award_5-18-23.docx Page 1 of 2
TO: Honorable Mayor and Members of the Common Council
FROM: Justin Gierach, Engineering Division Manager / City Engineer
DATE: May 18, 2023
RE: Award Bid for Public Works Contract No. 23-22 to Vinton Construction
Co., Inc. for Sanitary Sewer Lining – Various Locations ($863,492.50)
BACKGROUND
The purpose of this Project is to restore existing sanitary sewer mains, within the right-
of-way, to a water-tight condition by inserting a lining inside the existing pipes. The
existing pavements above the sanitary sewers are in good condition and will not require
replacement for an extended period of time. This work is located on various streets
throughout the City.
ANALYSIS
Engineering staff reviewed two (2) bids. The low bid was received from Vinton
Construction Co., Inc. of Two Rivers, Wisconsin.
FISCAL IMPACT
Funding for the Project is in the Sanitary Sewer section of the Capital Improvement
Program (CIP) (Account No. 03210410-6802-04011 / Contract Control/Sanitary
Sewer/Annual - I & I Sanitary Swr Rehab). Following is a summary of the available funds
and the estimated total construction cost, including ancillary costs such as engineering
fees, landfill tipping fees, construction materials testing fees, and other construction-
related expenses.
CIP Section CIP Funds Budgeted
Estimated Total Construction
Cost
Sanitary Sewer $2,300,000 $970,812
Totals $2,300,000 $970,812
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-22 San Swr
Lining\Project_Information\Correspondence\Memo\23-22 Memo for Bid Award_5-18-23.docx Page 2 of 2
RECOMMENDATIONS
I recommend award to the low bidder, Vinton Construction Co., Inc., in the amount of
$863,492.50.
Approved:
John M. Fitzpatrick, Assistant City Manager
JLG/tlt
Contract 23-22 - Sanitary Sewer Lining - Various Locations (#8482723)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 05/15/2023 11:00 AM CDT
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Section 1 $863,492.50 $881,164.50
1050
Mobilization; complete as
specified Lump Sum 1.00 $121,850.00 $121,850.00 $105,000.00 $105,000.00
1120
Removing concrete and
asphalt sidewalk and
driveway; complete as
specified Square Feet 160.00 $3.00 $480.00 $3.25 $520.00
1308
7" concrete pavement
removal and replacement;
including sawing;
pavement ties; dowel
bars; bond breaker;
integral curb and fine
grading; turf restoration;
and traffic control;
complete as specified Square Yards 900.00 $89.00 $80,100.00 $96.00 $86,400.00
1360
Adjust manholes and
inlets; complete as
specified Each 6.00 $500.00 $3,000.00 $535.00 $3,210.00
1370
Turf restoration;
complete as specified Square Yards 16.00 $20.00 $320.00 $22.00 $352.00
1916
4" asphaltic surface LT
with 6" CABC and
grading; complete as
specified Square Yards 21.00 $120.00 $2,520.00 $130.00 $2,730.00
3000
Furnish and install 8"
sanitary sewer (relay);
complete as specified Linear Feet 30.00 $408.00 $12,240.00 $440.00 $13,200.00
3004
Furnish and install 12"
sanitary sewer (relay);
complete as specified Linear Feet 85.00 $430.00 $36,550.00 $465.00 $39,525.00
3210
Furnish and install 8" x 6"
sanitary sewer factory
wyes or tees; complete as
specified Each 1.00 $1,094.00 $1,094.00 $1,175.00 $1,175.00
3214
Furnish and install 12" x
6" sanitary sewer factory
wyes or tees; complete as
specified Each 13.00 $1,322.00 $17,186.00 $1,415.00 $18,395.00
Vinton Construction Company Visu-Sewer
PO Box 137
Two Rivers, WI 54241
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-22 San Swr Lining\Project_Information\Contract Info\23-22 Bid Tab_5-15-23 Page 1 of 3 5/15/2023
Contract 23-22 - Sanitary Sewer Lining - Various Locations (#8482723)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 05/15/2023 11:00 AM CDT
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Vinton Construction Company Visu-Sewer
PO Box 137
Two Rivers, WI 54241
3234
Furnish and install 4"/6"
sanitary sewer lateral
(relay); complete as
specified Linear Feet 42.00 $280.00 $11,760.00 $300.00 $12,600.00
3235
Furnish and install 4"/6"
sanitary sewer riser
(relay); complete as
specified Linear Feet 26.00 $280.00 $7,280.00 $300.00 $7,800.00
3236
Furnish and install
sanitary sewer lateral
marker balls; complete as
specified Each 14.00 $120.00 $1,680.00 $130.00 $1,820.00
3300
Furnish and install
connection to existing 8"
sanitary sewer mains;
complete as specified Each 10.00 $950.00 $9,500.00 $1,020.00 $10,200.00
3304
Furnish and install
connection to existing 12"
sanitary sewer mains;
complete as specified Each 16.00 $960.00 $15,360.00 $1,030.00 $16,480.00
3330
Furnish and install
sanitary sewer concrete
collars; complete as
specified Each 2.00 $1,500.00 $3,000.00 $1,605.00 $3,210.00
3700
Closed circuit televising;
complete as specified Linear Feet 4,900.00 $3.00 $14,700.00 $3.50 $17,150.00
3701
Lateral launch and setup;
complete as specified Each 95.00 $935.00 $88,825.00 $930.00 $88,350.00
3702
Sanitary sewer lateral
televising; complete as
specified Linear Feet 3,420.00 $1.00 $3,420.00 $1.00 $3,420.00
3900
Furnish and install 4"/6"
sanitary sewer lateral
CIPP; complete as
specified Linear Feet 80.00 $10.00 $800.00 $11.00 $880.00
3901
Furnish and install 8"
sanitary sewer CIPP;
complete as specified Linear Feet 3,600.00 $40.00 $144,000.00 $40.00 $144,000.00
3903
Furnish and install 12"
sanitary sewer CIPP;
complete as specified Linear Feet 1,290.00 $62.25 $80,302.50 $62.25 $80,302.50
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-22 San Swr Lining\Project_Information\Contract Info\23-22 Bid Tab_5-15-23 Page 2 of 3 5/15/2023
Contract 23-22 - Sanitary Sewer Lining - Various Locations (#8482723)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 05/15/2023 11:00 AM CDT
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Vinton Construction Company Visu-Sewer
PO Box 137
Two Rivers, WI 54241
3969
Furnish sanitary sewer
lateral connection air
pressure test; complete as
specified Each 35.00 $995.00 $34,825.00 $995.00 $34,825.00
3970
Furnish and install
sanitary sewer lateral
connection grouting;
complete as specified Each 35.00 $10.00 $350.00 $10.00 $350.00
3980
CIPP sewer lateral
connection liner;
complete as specified Each 45.00 $3,550.00 $159,750.00 $3,910.00 $175,950.00
3981
"Top Hat" sewer lateral
connection liner;
complete as specified Each 2.00 $3,550.00 $7,100.00 $3,910.00 $7,820.00
3990
Sewer lateral connection
removal; complete as
specified Each 10.00 $500.00 $5,000.00 $500.00 $5,000.00
3991
Air quality measurement
test; complete as specified Each 2.00 $250.00 $500.00 $250.00 $500.00
Bid Total:$863,492.50 $881,164.50
I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-22 San Swr Lining\Project_Information\Contract Info\23-22 Bid Tab_5-15-23 Page 3 of 3 5/15/2023
MAY 23, 2023 23-238 RESOLUTION
(CARRIED 7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE STREET DEDICATION SIEWERT TRAIL AND OAK
STREET
INITIATED BY: CITY ADMINISTRATION AND OSHKOSH AREA SCHOOL
DISTRICT
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby approves the street right-of-way dedication at Siewert Trail and a small extension
of Oak Street.
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: May 18, 2023
RE: Approve Right-of-Way Dedication Siewert Trail and Oak Street
BACKGROUND
The City of Oshkosh is requesting the dedication of public right-of-way at Siewert Trail and a
small extension of Oak Street. The area in this dedication request is located south of the proposed
Menominee Elementary School at the northwest corner of Hazel Street and Siewert Trail.
During plan review of the new school, it was unclear if Siewert Trail was officially dedicated to
the public as documentation could not be located. However, historically it was been used as a
public roadway since at least the 1950s. The area surrounding the propose d dedication is
exclusively low density residential excepting the school property to the north and Menominee
Park to the east.
ANALYSIS
The proposed dedication was included on a Certified Survey Map (CSM Number 8019) used to
combine several lots for the school site. Siewert Trail is mapped as an east-west 46-foot right-
of-way, approximately 260 feet long between Hazel Street and Oak Street. The CSM also
dedicates a 12-foot by 66-foot extension of the north end of Oak Street which will allow for public
sidewalk to be entirely located in the right-of-way.
RECOMMENDATION
Staff recommends approval of the right-of-way dedication for Siewert Trail and Oak Street as
proposed. Please see the attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager/Director of
Administrative Services
PLAN COMMISSION STAFF REPORT
ITEM: STREET DEDICATION SIEWERT TRAIL AND OAK STREET
PLAN COMMISSION MEETING DATE: MAY 16, 2023
GENERAL INFORMATION
Petitioner: City of Oshkosh and Oshkosh Area School District
Owner: City of Oshkosh
Action Requested:
The City of Oshkosh is requesting the dedication of public right-of-way at Siewert Trail and a
small extension of Oak Street.
Applicable Ordinance Provisions:
Street dedication criteria is located in Section 30-441 of the City’s Subdivision Regulations.
Property Location, Background Information and Analysis:
The area in this dedication request
is located south of the proposed
Menominee Elementary School at
the northwest corner of Hazel
Street and Siewert Trail. During
plan review of the new school, it
was unclear if Siewert Trail was
officially dedicated to the public as
documentation could not be
located. However, historically it
was been used as a public roadway
since at least the 1950s. The area
surrounding the proposed
dedication is exclusively low
density residential excepting the
school property to the north and
Menominee Park to the east.
The proposed dedication was included on a Certified Survey Map (CSM Number 8019) used to
combine several lots for the school site. Siewert Trail is mapped as an east-west 46-foot right-of-
way, approximately 260 feet long between Hazel Street and Oak Street. The CSM also dedicates a
12-foot by 66-foot extension of the north end of Oak Street which will allow for public sidewalk to
be entirely located in the right-of-way.
Proposed
Dedication
Item II – Siewert Trail & Oak Street ROW Dedication 2
RECOMMENDATION/CONDITIONS
Staff recommends approval of the right-
of-way dedication for Siewert Trail and
Oak Street as proposed.
Plan Commission recommended
approval of the Right of Way Dedication
with findings and conditions on May 16,
2023. The following is their discussion on
the item.
Site Inspections Report: Ms. Davey and
Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting the
dedication of public right-of-way at
Siewert Trail and a small extension of
Oak Street.
Mr. Nau presented the items and
reviewed the sites and surrounding area
as well as the land use and zoning
classifications in this area. The area in this
dedication request is located south of the
proposed Menominee Elementary School
at the northwest corner of Hazel Street
and Siewert Trail. During plan review of
the new school, it was unclear if Siewert
Trail was officially dedicated to the public
as documentation could not be located. However, historically it was been used as a public
roadway since at least the 1950s. The area surrounding the proposed dedication is exclusively
low density residential excepting the school property to the north and Menominee Park to the
east.
The proposed dedication was included on a Certified Survey Map (CSM Number 8019) used to
combine several lots for the school site. Siewert Trail is mapped as an east-west 46-foot right-of-
way, approximately 260 feet long between Hazel Street and Oak Street. The CSM also dedicates a
Item II – Siewert Trail & Oak Street ROW Dedication 3
12-foot by 66-foot extension of the north end of Oak Street which will allow for public sidewalk to
be entirely located in the right-of-way. Staff recommends approval with the findings and
conditions as stated in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 5-0
Page 3
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Menom ineePark
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/4/2023
1 in = 120 ft
1 in = 0.02 mi¯SIEWERT TRAIL
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
Page 4
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BAL DWI N AV
CLEVELAND AV
PRATTTR
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PYLE AV
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EVANS ST
MONROE
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EPARKW A Y A V P R A T T T R
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OAK ST
GROVE ST
E IRVING AV
MENOMINEEDR
BOWEN ST
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HAZEL ST
HAZEL ST
Oshkosh City Limit
Oshkosh City Limit
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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: 5/4/2023
1 in = 500 ft
1 in = 0.09 mi¯SIEWERT TRAIL
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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E M EL VIN AV
STERLING AV
MONROE
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BOYD ST
EVANS ST
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E TENNESSEE AV
E PAR KWAY AV
POWER
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GROV
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EVANS ST
MONROE ST
POWERS ST
BONG CT
E TENNESSEE AV
E M EL VI N A V
E LINCOLN AV
E PAR KWAY AV
BAL DWI N AV
CLEVELAND AV
BALDWIN AV
PYLE AV
PRATT TR
E IRVING AV
OAK ST
EVANS ST
MONROE
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OAK ST
EPARKW A Y A V
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P R A T T T R
SIEWERT TR
OAK ST
GROVE ST
E IRVING AV
MENOMINEEDR
BOWEN ST
E NEW YOR K AV
HAZEL ST
HAZEL ST
Oshkosh City Limit
Oshkosh City Limit
Oshkosh City Limit
Oshkosh City Limit
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SR-3
SR-5
SR-9
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TR-10-PD
UMU-PD
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/4/2023
1 in = 500 ft
1 in = 0.09 mi¯SIEWERT TRAIL
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
Page 6
MAY 23, 2023 23-239 RESOLUTION
CARRIED__7-0__LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR A COMMERCIAL
DEVELOPMENT ON THE PROPERTY LOCATED AT 420 SOUTH
KOELLER STREET
INITIATED BY: MACH IV ENGINEERING & SURVEYING LLC
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Specific Implementation Plan for a commercial development on the property located at
420 South Koeller Street 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 and Specific Implementation Plan for a
commercial development on the property located at 420 South Koeller Street, 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.
MAY 23, 2023 23-239 RESOLUTION
CONT’D
5. The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of different land uses and
development densities/intensities.
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.
9. The proposed Planned Development project will positively contribute to and
not detract from the physical appearance and functional arrangement of
development in the area.
10. The proposed Planned Development project will produce significant benefits in
terms of environmental design and significant alternative approaches to
addressing development performance that relate to and more than compensate
for any requested exceptions/base standard modifications variation of any
standard or regulation of this Chapter.
BE IT FURTHER RESOLVED that the following are conditions of approval for a
General Development Plan and Specific Implementation Plan for a commercial
development on the property located at 420 South Koeller Street:
1. A Certified Survey Map (CSM) shall be reviewed and approved by the
Department of Community Development prior to finalization of the zone
change.
2. Cross access agreement for shared driveways shall be filed with the
Winnebago County Register of Deeds.
3. BSM for rear setback reduction to 11 feet for parking bump out where code
minimum setback is 25 feet.
4. BSM to allow shared pylon sign, where code prohibits off-premise signage.
MAY 23, 2023 23-239 RESOLUTION
CONT’D
5. BSM for increased ground sign area to 227.8 sq. ft., where code allows a
maximum of 200 sq. ft. for ground signage.
6. Proposed lot 2 will not include any additional free-standing signs.
7. BSM for increased lighting level along north property line to 1.4 fc and along
the interior property line to 1.0 fc, where code allows a maximum 0.5 fc at the
property line.
8. BSM for increased impervious surface on the Old National Bank site to 71.1%
9. BSM for increased amount of parking stalls on the Chipotle site to 34 stalls
where code maximum is 25.
10. Final Landscaping Plan approval by Director 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: May 18, 2023
RE: Approve General Development Plan & Specific Implementation Plan Approval
for a Commercial Development on the Property Located at 420 South Koeller
Street
BACKGROUND
The applicant requests approval of General Development Plan (GDP) and Special
Implementation Plan (SIP) for a commercial development. The subject site is a 2.16-acre
commercial property with frontage on South Koeller Street. The property currently has a 39,566
square foot commercial building (bank) with a parking lot and is zoned Suburban Mixed Use
with a Planned Development Overlay (SMU-PD). The site is surrounded predominantly by
commercial uses as well as residential condos to the east. The 2040 Comprehensive Land Use
Plans recommends Interstate Commercial use for the subject area.
ANALYSIS
The applicant is requesting approval of a General Development Plan and Special
Implementation Plan for the redevelopment of property located at 420 S outh Koeller Street. The
applicant is proposing to redevelop the site for a new bank and restaurant. These uses are
permitted in the SMU Zoning District.
The applicant is proposing to divide the subject parcel into two commercial lots, with the
existing bank building being razed to make room for a new Old National Bank (ONB) branch
office. Improvements include a new bank building, associated parking and drive through
banking facilities. The new, south lot, is planned to be developed as a Chipotle Mexican Grill
with improvements including the restaurant building, associated parking, pick up window, and
stormwater management practices. A Certified Survey Map (CSM) will be required to divide
the existing parcel into two. As proposed, the two commercial sites will both have drive through
capabilities with shared access off of South Koeller Street as well as a shared access drive from
the neighboring property to the north, which will require cross access agreement.
The applicant is requesting a base standard modification (BSM) for a setback reduction from the
rear lot line to 11 feet where code requires 25 feet to accommodate a parking stall bump out.
This request is in a specific area on the rear of the parking lot and is 18 feet wide. Staff is
supportive of this request as it is a minimal area and will be offset with increased landscaping.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The applicant is requesting a BSM for an increase in impervious surface to be at 71.1% on the
ONB site, where code allows a maximum of 70% in the SMU zoning district. The Chipotle site
has a proposed total impervious surface of 63.9%. Staff is supportive of the BSM request for
increased impervious surface on the ONB site due to the overall development being under the
70% maximum and the overall site being decreased from the existing 80.1%.
FISCAL IMPACT
Approval of this may result in a minor increase in the assessed property value for the site. The
applicant is anticipating spending approximately $4,800,000 on the proposed project.
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with findings and conditions on May 16, 2023. Please see the attached staff
report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager/Director of
Administrative Services
PLAN COMMISSION STAFF REPORT
ITEM: GENERAL DEVELOPMENT PLAN & SPECIAL IMPLEMENTATION PLAN
APPROVAL FOR A COMMERCIAL DEVELOPMENT ON THE PROPERTY
LOCATED AT 420 S. KOELLER STREET
PLAN COMMISSION MEETING DATE: MAY 16, 2023
GENERAL INFORMATION
Applicant: Mach IV Engineering & Surveying LLC
Property Owner: 965 South Green Bay Road, LLC
Action(s) Requested:
The applicant requests approval of General Development Plan (GDP) and Special
Implementation Plan (SIP) for a commercial development.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is a 2.16-acre commercial property with frontage on S. Koeller Street. The
property currently has a 39,566 square foot commercial building (bank) with a parking lot and is
zoned Suburban Mixed Use with a Planned Development Overlay (SMU-PD). The site is
surrounded predominantly by commercial uses as well as residential condos to the east. The 2040
Comprehensive Land Use Plans recommends Interstate Commercial use for the subject area.
Subject Site
Existing Land Use Zoning
Commercial SMU-PD
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU-PD
South Commercial SMU-PD
East Public Right of Way and Residential MR-12
West S. Koeller St. Interstate 41 Public Right of Way
ITEM VII A: GDP 420 S. Koeller St. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Interstate Commercial
ANALYSIS
Use
The applicant is requesting approval of a General Development Plan and Special Implementation
Plan for the redevelopment of property located at 420 S. Koeller St. The applicant is proposing to
redevelop the site for a new bank and restaurant. These uses are permitted in the SMU Zoning
District.
Site Design
The applicant is proposing to divide the subject parcel into two commercial lots, with the existing
bank building being razed to make room for a new Old National Bank (ONB) branch office.
Improvements include a new bank building, associated parking and drive through banking
facilities. The new, south lot, is planned to be developed as a Chipotle Mexican Grill with
improvements including the restaurant building, associated parking, pick up window, and
stormwater management practices. A CSM will be required to divide the existing parcel into two.
As proposed, the two commercial sites will both have drive through capabilities with shared
access off of S. Koeller St. as well as a shared access drive from the neighboring property to the
north, which will require cross access agreement.
The applicant is requesting a base standard modification (BSM) for a setback reduction from the
rear lot line to 11 feet where code requires 25 feet to accommodate a parking stall bump out. This
request is in a specific area on the rear of the parking lot and is 18 feet wide. Bump out area is
shown in the image below. Staff is supportive of this request as it is a minimal area and will be
offset with increased landscaping.
The site plan shows 23 stalls on site 1 (Old National Bank) and 34 stalls on site 2 (Chipotle), where
code allows a maximum of 25 for each site, therefore the ONB site is meeting code. According to
the applicant, the restaurant anticipates this location to be one if its top producing sites in
ITEM VII A: GDP 420 S. Koeller St. 3
Wisconsin and therefore is requesting 18 spaces for customer parking, and 12 spaces for employee
parking to accommodate cross shift (when they have more than the normal number of employees
at the site, which is typically 7 to 9), and 2 pull ahead spaces for the “Chipotlane” drive up
window and 2 “Burrito Loading Zone” spaces for pre-ordered and in-store pickups. Staff is
supportive of the BSM for increased parking on the Chipotle site due to the nature of the business
occupying the site and the applicants proposed landscaping plan to offset the BSM request. Staff
is supportive the change as the dynamic of these types of uses has dramatically change since the
pandemic and we are seeing a trend of additional spaces need to accommodate food delivery
services and online pick up ordering.
The applicant is requesting a BSM for an increase in impervious surface to be at 71.1% on the
ONB site, where code allows a maximum of 70% in the SMU zoning district. The Chipotle site
has a proposed total impervious surface of 63.9%. Staff is supportive of the BSM request for
increased impervious surface on the ONB site due to the overall development being under the
70% maximum and the overall site being decreased from the existing 80.1%.
ONB SITE Required Provided
Parking Spaces Maximum: 25 23
Impervious Surface Maximum: 70% 71.1% of lot
CHIPOTLE SITE Required Provided
Parking Spaces Maximum: 25 34
Impervious Surface Maximum: 70% 63.9% of lot
ITEM VII A: GDP 420 S. Koeller St. 4
Signage
Plans were submitted for a single
mono-pole pylon sign that will be
dually used by Old National Bank
and Chipotle. The location of the
sign is on the proposed Chipotle
property resulting in off-premise
signage for Old National Bank which
is not permitted by code. A BSM
will be required for the off-premise
sign which is easily supportable as it
eliminates the need for a second
ground sign which reduces the
amount of visual clutter along the
Interstate corridor.
The sign rendering proposes a 35-
foot tall sign with a 227.8 square foot
internally-illuminated cabinet. The
size exceeds the 200 square foot
maximum allowed for lots sized 0.5
to 2.0 acres, therefore, a BSM will be
required for the additional area.
Again, the BSM is supportable as both properties have the ability to erect separate 200 square foot
pylon signs. As additional justification for the BSM, staff recommends an additional condition
that no additional free-standing signs be allowed on proposed lot 2.
Wall signage plans have not been submitted at this time. Based on the elevations and renderings
provided, the wall signs appear to be in line with the maximum of one square foot per linear foot
TOTAL SITE Required Provided
Parking Spaces Maximum: 50 57
Impervious Surface Maximum: 70% 67.3% of lot
TOTAL SITE Minimum Provided
Front Setback (west) 25 ft. 42 ft. +/- 2 ft.
Rear Setback (east) 25 ft. 11 ft. (parking bump out)
Side Setback (north) 10 ft. 0 ft. (pavement/cross access agreement)
Side Setback (south) 10 ft. 10.5’
ITEM VII A: GDP 420 S. Koeller St. 5
of building frontage per wall, or minimum of 50 square feet allowed per wall in the SMU Zone
District. Signage plans, when submitted, will be required to meet base standards of the SMU
District.
Landscaping
The applicant has provided a landscape plan with landscaping points applied to building
foundation, paved area, street frontage, and yards.
Landscaping plan for Old National Bank site
Landscaping plan for Chipotle site
ITEM VII A: GDP 420 S. Koeller St. 6
Building Foundation
The plan meets the minimum point requirement of 40 points per 100 linear feet of building
foundation for both sites. The plan also meets the requirement that 25% of the points shall be on
the side facing the public street and 50% on the side of main entrance for both sites.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being met for both sites. The code further specifies 30% of all points will be devoted
to medium or tall trees and 40% will be devoted to shrubs. This is also being met for both sites.
The landscape ordinance requires a deciduous tree at all parking row ends and intermediate
landscape islands. The applicant is missing deciduous trees at 2 parking row ends on the west
end of the Chipotle site. These will need to be provided and can be addressed during Site Plan
Review.
ITEM VII A: GDP 420 S. Koeller St. 7
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. The applicant is meeting these
requirements for both sites.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The plan provides
approximately double the points required for yard landscaping. The increased yard landscaping
serves to offset the requested BSMs.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that a cross access/drainage
easement is required and separate water laterals are required for the separate parcels. This will
be addressed during the SIP and Site Plan Review processes.
Lighting
The applicant is requesting BSMs for increased lighting levels along both the north lot line and
the interior lot line separating the Chipotle and Old National Bank sites. The lighting level along
the north lot line will be up to 1.4 fc and up to 1.0 fc along the interior lot line, where code allows
a maximum 0.5 fc lighting level at the property line. Staff does not have concerns with the
increased lighting along these property lines as it is necessary to provide sufficient lighting for the
shared driveways. Lighting levels along the west, south, and east property lines are not shown
on the plan, and will be limited to 1.0 fc at the right-of-way line and 0.5 fc at the side and rear
property lines. Lighting levels are also not shown for the driveway entrances and must be a
minimum of 0.4 fc for all driveway and parking areas. This will be verified during the Site Plan
Review process. The light poles are shown at 20’, which is within the maximum light fixture
mounting height in the SMU district of 23’ (including base).
Building Facades
Building Materials
Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I
materials. The petitioner has provided elevations for the building as well as a material list and
material breakdown for the building for each building facade. The specific elevations breakdown
is as follows:
Old National Bank
North: Class I – 67% Class II & III – 33%
South: Class I – 67% Class II & III – 33%
East: Class I – 68% Class II & III – 32%
West: Class I – 68% Class II & III – 32%
ITEM VII A: GDP 420 S. Koeller St. 8
Chipotle
North: Class I – 67% Class II – 33%
South: Class I – 58% Class II – 42%
East: Class I – 55% Class II – 45%
West: Class I – 62% Class II – 38%
ITEM VII A: GDP 420 S. Koeller St. 9
The proposed building elevations exceed the 50% Class I requirement for all building facades.
The Old National Bank building will utilize a combination of brick, manufactured stone, metal
panel/EIFS, and glazing. The Chipotle building will be constructed of face brick, EIFS, and
glazing. The increase in Class I materials serves to offset requested BSMs.
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.
(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 and Special Implementation Plan
with the findings listed above and the following conditions:
1. A Certified Survey Map (CSM) shall be reviewed and approved by the Department of
Community Development prior to finalization of the zone change.
2. Cross access agreement for shared driveways shall be filed with the Winnebago County
Register of Deeds.
ITEM VII A: GDP 420 S. Koeller St. 10
3. BSM for rear setback reduction to 11 feet for parking bump out where code minimum
setback is 25 feet.
4. BSM to allow shared pylon sign, where code prohibits off-premise signage.
5. BSM for increased ground sign area to 227.8 sq. ft., where code allows a maximum of 200
sq. ft. for ground signage.
6. Proposed lot 2 will not include any additional free-standing signs.
7. BSM for increased lighting level along north property line to 1.4 fc and along the interior
property line to 1.0 fc, where code allows a maximum 0.5 fc at the property line.
8. BSM for increased impervious surface on the Old National Bank site to 71.1%
9. BSM for increased amount of parking stalls on the Chipotle site to 34 stalls where code
maximum is 25.
10. Final Landscaping Plan approval by Director of Community Development
Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with findings and conditions on May 16, 2023. The following is their
discussion on the item.
Site Inspections Report: No Commissioners reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of General Development Plan (GDP) and Special
Implementation Plan (SIP) for a commercial development.
Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land
use and zoning classifications in this area. The subject site is a 2.16-acre commercial property with
frontage on S. Koeller Street. The property currently has a 39,566 square foot commercial
building (bank) with a parking lot and is zoned Suburban Mixed Use with a Planned
Development Overlay (SMU-PD). The site is surrounded predominantly by commercial uses as
well as residential condos to the east. The 2040 Comprehensive Land Use Plans recommends
Interstate Commercial use for the subject area. The applicant is requesting approval of a General
Development Plan and Special Implementation Plan for the redevelopment of property located at
420 S. Koeller St. The applicant is proposing to redevelop the site for a new bank and restaurant.
These uses are permitted in the SMU Zoning District.
The applicant is requesting a base standard modification (BSM) for a setback reduction from the
rear lot line to 11 feet where code requires 25 feet to accommodate a parking stall bump out. This
request is in a specific area on the rear of the parking lot and is 18 feet wide. Bump out area is
shown in the image below. Staff is supportive of this request as it is a minimal area and will be
offset with increased landscaping.
The site plan shows 23 stalls on site 1 (Old National Bank) and 34 stalls on site 2 (Chipotle), where
code allows a maximum of 25 for each site, therefore the ONB site is meeting code. According to
the applicant, the restaurant anticipates this location to be one if its top producing sites in
Wisconsin and therefore is requesting 18 spaces for customer parking, and 12 spaces for employee
ITEM VII A: GDP 420 S. Koeller St. 11
parking to accommodate cross shift (when they have more than the normal number of employees
at the site, which is typically 7 to 9), and 2 pull ahead spaces for the “Chipotlane” drive up
window and 2 “Burrito Loading Zone” spaces for pre-ordered and in-store pickups. Staff is
supportive of the BSM for increased parking on the Chipotle site due to the nature of the business
occupying the site and the applicants proposed landscaping plan to offset the BSM request. Staff
is supportive the change as the dynamic of these types of uses has dramatically change since the
pandemic and we are seeing a trend of additional spaces need to accommodate food delivery
services and online pick up ordering.
The applicant is requesting a BSM for an increase in impervious surface to be at 71.1% on the
ONB site, where code allows a maximum of 70% in the SMU zoning district. The Chipotle site
has a proposed total impervious surface of 63.9%. Staff is supportive of the BSM request for
increased impervious surface on the ONB site due to the overall development being under the
70% maximum and the overall site being decreased from the existing 80.1%. Staff recommends
approval with the findings and conditions as stated in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Nichols asked if because the properties are being split, will there be a restriction on parking
spots.
Mr. Lyons said that any changes would have to come back because it is a planned development.
If they did want to make an expansion in the future, they would look at the site as a whole. The
stormwater management for the parcel is sitting on the southern side.
Mr. Perry asked if the curb cuts are remaining the same.
Mr. Lyons said that they will be roughly the same.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Joel Ehrfurth; Mach IV Engineering, 2260 Salscheider Ct, Green Bay, stated that each site will
have their own stormwater. The driveway openings on the north side are what they are today,
and on the south side they will be slightly smaller. They are exceeding the impervious surface on
the north side to keep the shared access agreement so they have to keep the whole stretch of the
north side asphalt.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
ITEM VII A: GDP 420 S. Koeller St. 12
Seconded by Coulibaly.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 5-0.
Page 11
Page 12
Page 13
General Development Plan (GDP)/Specific Implementation (SIP)
General Location Map
The site is located at 420 South Koeller Street. The existing site is the location of Old National
Bank. A Site Map in included and an existing site map is included as Sheet C1.0. The site is
2.16 acres in size. Existing developments include the bank building and associated parking lot.
The site has two ingress/egress points off Koeller Street. The south ingress/egress point solely
serves the bank site while the northern ingress/egress point is shared with the neighboring parcel
to the north.
The site to the north is a commercial condomium development, the south side is a commercial lot,
the east side is immediately fronted by public right-of-way (ROW) with further east residential
condominums, and the west side is public ROW.
The site is currently zoned Suburban Mixed Use with a PD overlay, therefore we are requesting a
PD amendment. Abutting zoning is as follows:
North: Commercial
South: Commercial
East: ROW
West: ROW
Specific Use
The intent of the project is to raze the existing bank and redevelop the site into two commercial
sites. The parcels will be split into two lots via a Certified Survey Map (CSM). The northern lot
(Lot 1) will be the site of a new Old National Bank branch office. The improvements include the
bank, associated parking, and drive thru banking facilities.
The southern lot (Lot 2) will be developed as a Chipotle Mexican Grill. Improvements include the
restaurant, associated parking, pick-up window, and stormwater management practice.
Traffic Patterns
The site will continue to use the shared ingress/egress point with the neighboring parcel and have
its own stormwater management practice. The CSM indicates cross easements to allow traffic to
flow between the parcels.
Grading
Site grading is modified to accommodate the proposed development and direct storm flow to
appropriate stormwater management facilities in order to comply with City and State stormwater
regulations.
Drainage
Site drainage is primarily directed toward stormwater practices on each lot. The practices are
sized to meet City and State stormwater performance standards. The proposed stormwater
practices are biofilters. The biofilter discharge is conveyed to the municipal storm sewer. A
reduced amount of flow from the east side of the site is directed to the public ROW. A stormwater
management plan is included.
Page 14
Open Spaces
The Existing Site is densely developed and only has 16.9% green space. The proposed site
plans increase the amount of green space on each site.
Statistical Data
Individual site statistics are listed in for each parcel on Sheets C2.0, C2.1, and C2.2. A summary
of the proposed site statistics are as follows:
Old National Bank Chipotle
Lot Size 43,327 SF 50,706 SF
Green Space 11,758 SF (27%) 18,783 SF (37%)
Impervious Surface 31,689 SF (73%) 31,923 SF (63%)
The Old National Bank site does not meet the green space requirements of SMU zoning and is a
non-conforming aspect requested as part of the PD amendment.
A construction staging plan is included in submittal information.
Landscaping
Landscape plans for both sites are included as Sheet L1.1 and L1.2. The landscape plans
include the application calculation of required landscape points, the number of respective
landscape points provided, and tables summarizing the proposed plant materials and species.
Signage
One pylon sign is proposed to serve both sites. The proposed location is shown on C2.0 and an
architectural elevation of the sign is included in the submittal information.
Planned Development
Planned uses are a bank and restaurant. Site lacks any significant natural features. The
proposed amount of landscaping and additional green space will enhance the general character
of the site.
The site relationship to the nearby public streets will remain relatively the same as the existing
site. The existing ingress and egress points will be maintained.
Architectural Plans
Architectural floor plans and building elevations are included for both sites. Proposed building
fascades and materials of construction are included for the respective buildings.
Engineering Plans
Full engineering plans are include for both sites. The plans include proposed grading, stormwater
management, site utilities, landscaping and erosion control.
Proposed Exceptions from Zoning Ordinance
The site’s zoning is currently Planned Development (PD). This request is to amend the PD to allow
the development as described above. The proposed site requests the following exceptions from the
City’s Zoning Ordinances:
Page 15
1. Reduction of the 10’ sideyard setback on the north property line to allow the continued use of
the shared ingress/egress point.
2. Reduction of the required 30% green space requirement for the Old National Bank site.
Proposed green space is 27%.
3. Increase in the proposed number of parking stalls for both the Old National Bank and
Chipotle sites.
Rational for increasing parking count at Old National Bank
Parking requirement per zoning ordinance: 1 Space/300 SF min with a max of
1.25X min
Parking requirements: 4,700 SF/300 SF = 16 Stalls min.
Max Stalls allowed per zoning 16 stalls x 1.25 = 20
Requested Parking Stall Count 23 stalls (1.4 over min)
The bank would ideally provide 24 stalls but are proposing 23. The 11 spaces out front (3
directly in front of building + 8 spaces facing S Koeller St.) of the bank are designated for
customer parking. The 12 spaces in the rear are for the 12 to 13 employees the building
will accommodate.
Rational for increasing parking count at Chipotle
Parking requirement per zoning ordinance: 1 Space/300 SF min with a max of
1.25X min
Parking requirements: 2,300 SF/300 SF = 8 Stalls min.
Max Stalls allowed per zoning 8 stalls x 1.25 = 10
Requested Parking Stall Count 34 stalls
Chipotle projects the proposed site to be one of their top producing restaurants in
Wisconsin. The site will typically have 7-9 employees at the site at any given shift and up
to 12 employees during shift changes. Additionally, 2 pull ahead spaces are required for
the “Chipotlane” drive up window and 2 “Burrito Loading Zone” spaces are required for
pre-ordered in-store pickups. Chipotle’s anticipated business levels require 18 spaces
for customer parking for the anticipated customer volume.
Page 16
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2260 Salscheider Court Green Bay, WI 54313
PH:920-569-5765; Fax: 920-569-5767
www.mach-iv.com
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Page 17
CUP/GDP/SIP
420 S KOELLER ST
PC: 5-16-2023
MARTIN L HAMMEN
W13126 OLDEN RD
RIPON, WI 54971
HELMUT PRESSER
1418 W 4TH AVE
OSHKOSH, WI 54902
JAMES P RUDOLPH
1752 W 5TH AVE C
OSHKOSH, WI 54902
DIETER S PRESSER
1501 W 7TH AVE
OSHKOSH, WI 54902
PETER M FREDERIKSEN ETAL
691 S GREEN BAY RD #208
NEENAH, WI 54956
OLD NATIONAL BANK
PO BOX 718
EVANSVILLE, IN 47705
404 S KOELLER STREET LLC
691 S GREEN BAY RD #208
NEENAH, WI 54956
PURSHOTTAM LLC
400 S KOELLER ST
OSHKOSH, WI 54902
MACH IV EINGINEERING &
SURVEYING LLC
2260 SALSCHEIDER CT
GREEN BAY, WI 54313
965 SOUTH GREEN BAY ROAD LLC
3305C BALLARD RD
APPLETON, WI 54911
Page 18
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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: 4/6/2023
1 in = 120 ft
1 in = 0.02 mi¯420 S KOELLER ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 19
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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: 4/6/2023
1 in = 500 ft
1 in = 0.09 mi¯420 S KOELLER ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 20
W 5TH AV
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!"#$41
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 4/6/2023
1 in = 100 ft
1 in = 0.02 mi¯420 S KOELLER ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 21
MAY 23, 2023 23-240 RESOLUTION
(APPROVED 7-0 LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A TEMPORARY
USE PERMIT EXTENSION AT 420 SOUTH KOELLER STREET
INITIATED BY: MACH IV ENGINEERING & SURVEYING LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the Conditional Use Permit to extend
a Temporary Use Permit for a temporary relocatable building during construction of a
new bank at 420 South Koeller Street, is consistent with the criteria established in Section
30-382 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a Conditional Use Permit for extension of a Temporary Use Permit for a
temporary relocatable building during construction of a new bank at 420 South Koeller Street,
per the attached, is hereby approved, with the following findings:
1. Is in harmony with the Comprehensive Plan.
2. Would not result in a substantial or undue adverse impact on nearby property,
the character of the neighborhood, environmental factors, traffic factors,
parking, public improvements, public property or rights-of-way, or other
matters affecting the public health, safety, or general welfare.
3. Maintains the desired consistency of land uses, land use intensities, and land
use impacts as related to the environs of the subject property.
4. The conditional use is located in an area that will be adequately served by, and
will not impose an undue burden on, any of the improvements, facilities,
utilities or services provided by public or private agencies serving the su bject
property.
5. The potential public benefits outweigh any potential adverse impacts of the
proposed conditional use, after taking into consideration the applicant’s
proposal and any requirements recommended by the applicant to ameliorate
such impacts.
MAY 23, 2023 23-240 RESOLUTION
CONT’D
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that
the following are conditions of approval for a Conditional Use Permit for expansion of
an institutional residential use and a group development at 815 County Road Y:
1. Temporary Use Permit shall expire upon occupancy of the new bank building.
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: May 18, 2023
RE: Approve Conditional Use Permit Request for a Temporary Use Permit Extension
at 420 South Koeller Street
BACKGROUND
The applicant is requesting a Conditional Use Permit (CUP) to extend a Temporary Use Permit
(TUP) for a Temporary Relocatable Building during construction of a new bank. The subject site
is a 2.16-acre commercial property with frontage on S. Koeller Street. The property currently
has 39,566 square foot commercial building (bank) and is zoned Suburban Mixed Use with a
Planned Development Overlay (SMU-PD). The proposed development is surrounded
predominantly by commercial uses as well as residential condos to the east. Th e applicant is
requesting to set up a temporary mobile bank trailer during the razing and construction of the
Old National Bank building.
ANALYSIS
The applicant is proposing to utilize a Temporary Relocatable Building to maintain bank
operations during the site redevelopment. According to the submitted project timeline the
Temporary Relocatable Building will be needed from project approval until completion of the
new Old National Bank building. A TUP will need to be issued when applicable and approval
of this CUP will allow that TUP to be extended until the project is complete.
The applicant is proposing to use a 24’x 56’ temporary trailer as a temporary bank while the
existing bank is razed and reconstruction occurs. The TUP extension is needed to provide a
sufficient amount of time for this redevelopment project to be completed, while also allowing
Old National Bank to continue providing services to their clients without disruption in their
normal daily activities. Staff is supportive of the TUP extension as the Temporary Relocatable
Building is needed in order for the bank to continue its operation, onsite, for the duration of
construction of the new bank.
FISCAL IMPACT
The overall project may result in a minor increase in the assessed property value for the site
when completed. The applicant is anticipating spending approximately $4,800,000 on the
proposed project.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended approval of the Conditional Use Permit request with
findings and conditions on May 16, 2023. Please see the attached staff report and meeting
minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager/Director of
Administrative Services
PLAN COMMISSION STAFF REPORT
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A
TEMPORARY USE PERMIT EXTENSION AT 420 S. KOELLER STREET
PLAN COMMISSION MEETING DATE: MAY 16, 2023
GENERAL INFORMATION
Applicant: Mach IV Engineering & Surveying LLC
Owner: Old National Bank
Action(s) Requested:
The applicant is requesting a Conditional Use Permit to extend a temporary use permit for a
Temporary Relocatable Building during construction of a new bank.
Applicable Ordinance Provisions:
Temporary Uses for Temporary Relocatable Buildings are limited to duration of 6 months, but
may be extended in duration through the conditional use process. Criteria used for Conditional
Use Permits are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is a 2.16-acre commercial property with frontage on S. Koeller Street. The
property currently has 39,566 square foot commercial building (bank) and is zoned Suburban
Mixed Use with a Planned Development Overlay (SMU-PD). The proposed development is
surrounded predominantly by commercial uses as well as residential condos to the east. The
applicant is requesting to set up a temporary mobile bank trailer during the razing and
construction of the Old National Bank building.
Subject Site:
Existing Land Use Zoning
Commercial SMU-PD
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning:
Existing Uses Zoning
North Commercial SMU-PD
South Commercial SMU-PD
West S. Koeller St. and Interstate 41 Public Right of Way
East Public Right of Way and Residential MR-12
Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Plan Recommendation Interstate Commercial
ANALYSIS
The applicant is proposing to utilize a Temporary Relocatable Building to maintain bank
operations during the site redevelopment. According to the submitted project timeline the
Temporary Relocatable Building will be needed from project approval until completion of the
new Old National Bank building. A Temporary Use Permit (TUP) will need to be issued when
applicable and approval of this CUP will allow that TUP to be extended until the project is
complete.
Use
The applicant is proposing to use a 24’x 56’ temporary trailer as a temporary bank while the
existing bank is razed and reconstruction occurs. The TUP extension is needed to provide a
sufficient amount of time for this redevelopment project to be completed, while also allowing
Old National Bank to continue providing services to their clients without disruption in their
normal daily activities.
Site Plan of overall site and outline of where temporary trailer is being proposed
Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 3
Images of temporary trailer to be used for banking.
Site Plan for temporary trailer
Staff is supportive of the TUP extension as the Temporary Relocatable Building is needed in
order for the bank to continue its operation, onsite, for the duration of construction of the new
bank.
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional
Use Permit, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property, the
character of the neighborhood, environmental factors, traffic factors, parking, public
Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 4
improvements, public property or rights-of-way, or other matters affecting the public
health, safety, or general welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not
impose an undue burden on, any of the improvements, facilities, utilities or services
provided by public or private agencies serving the subject property.
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant’s proposal and any
requirements recommended by the applicant to ameliorate such impacts.
Staff recommends approval of the proposed Conditional Use Permit for temporary use permit
extension for a temporary trailer at 420 S. Koeller Street as proposed with the findings listed
above and the following conditions:
1. Temporary Use Permit shall expire upon occupancy of the new bank building.
Plan Commission recommended approval of the Conditional Use Permit with findings and
conditions on May 16, 2023. The following is their discussion on the item.
Site Inspections Report: No Commissioners reported visiting the site
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit to extend a temporary use permit for a
Temporary Relocatable Building during construction of a new bank.
Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the
land use and zoning classifications in this area. The subject site is a 2.16-acre commercial
property with frontage on S. Koeller Street. The property currently has 39,566 square foot
commercial building (bank) and is zoned Suburban Mixed Use with a Planned Development
Overlay (SMU-PD). The proposed development is surrounded predominantly by commercial
uses as well as residential condos to the east. The applicant is requesting to set up a temporary
mobile bank trailer during the razing and construction of the Old National Bank building.
The applicant is proposing to utilize a Temporary Relocatable Building to maintain bank
operations during the site redevelopment. According to the submitted project timeline the
Temporary Relocatable Building will be needed from project approval until completion of the
new Old National Bank building. A Temporary Use Permit (TUP) will need to be issued when
applicable and approval of this CUP will allow that TUP to be extended until the project is
complete.
The applicant is proposing to use a 24’x 56’ temporary trailer as a temporary bank while the
existing bank is razed and reconstruction occurs. The TUP extension is needed to provide a
sufficient amount of time for this redevelopment project to be completed, while also allowing
Old National Bank to continue providing services to their clients without disruption in their
Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 5
normal daily activities. Staff is supportive of the TUP extension as the Temporary Relocatable
Building is needed in order for the bank to continue its operation, onsite, for the duration of
construction of the new bank. Staff recommends approval with the findings and conditions as
stated in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 5-0.
Page 5
Page 6
Page 7
Conditional Use Permit (CUP) Application Narrative
A CUP is requested to allow the use of a temporary mobile bank during the razing and construction
of the Old National Bank (ONB). The mobile bank will allow ONB to maintain its existing operations
at its current location. A construction phasing plan is included, as well as complete site plans for
ONB.
Existing and Proposed Use
The site is located at 420 South Koeller Street. The site is the location of Old National Bank.
Existing developments include the bank building and associated parking lot. The site has two
ingress/egress points off Koeller Street. The south ingress/egress point solely serves the bank
site while the northern ingress/egress point is shared with the neighboring parcel to the north.
The intent of the project is to raze the existing bank and redevelop the site into two commercial
sites. The parcels will be split into two lots via a Certified Survey Map (CSM). The northern lot
(Lot 1) will be the site of a new Old National Bank branch office. The improvements include the
bank, associated parking, and drive thru banking facilities.
The southern lot (Lot 2) will be developed as a Chipotle Mexican Grill. Improvements include the
restaurant, associated parking, pick-up window, and stormwater management practice.
Surrounding Land Uses
The site to the north is a commercial condominium development, the south side is a commercial
lot, the east side is immediately fronted by public right-of-way (ROW) with further east residential
condominiums, and the west side is public ROW.
The site is currently zoned Suburban Mixed Use with a PD overlay, therefore we are requesting a
PD amendment. Abutting zoning is as follows:
North: Commercial
South: Commercial
East: ROW
West: ROW
Compatibility
The proposed temporary facility will continue operations that currently exist on the site (bank).
The use will be the same and is intended to be temporary until the new facility is construction.
South Koeller Street is a major commercial corridor, and a bank is an allowable use within the
Suburban Mixed Use zoning classification.
Traffic Patterns
The site will continue to use the shared ingress/egress point with the neighboring parcel and have
its own stormwater management practice. The Construction Phasing plan shows the location of
the temporary bank, bank parking during construction, as well as proposed construction fencing.
Page 8
Utilities
The temporary mobile bank will have its sanitary facilities served by a holding tank within the
mobile bank. A temporary 1-inch water service will be provided to the mobile bank off the ONB
water service. Temporary power and communication lines will also be provided to the bank.
During construction, construction fencing will be provided on-site to separate bank customers
from construction activities. Bank parking during construction will be designated on site and is
shown on the phasing plan. An ADA accessible ramp will be provided for access to the bank.
Page 9
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Page 10
CUP/GDP/SIP
420 S KOELLER ST
PC: 5-16-2023
MARTIN L HAMMEN
W13126 OLDEN RD
RIPON, WI 54971
HELMUT PRESSER
1418 W 4TH AVE
OSHKOSH, WI 54902
JAMES P RUDOLPH
1752 W 5TH AVE C
OSHKOSH, WI 54902
DIETER S PRESSER
1501 W 7TH AVE
OSHKOSH, WI 54902
PETER M FREDERIKSEN ETAL
691 S GREEN BAY RD #208
NEENAH, WI 54956
OLD NATIONAL BANK
PO BOX 718
EVANSVILLE, IN 47705
404 S KOELLER STREET LLC
691 S GREEN BAY RD #208
NEENAH, WI 54956
PURSHOTTAM LLC
400 S KOELLER ST
OSHKOSH, WI 54902
MACH IV EINGINEERING &
SURVEYING LLC
2260 SALSCHEIDER CT
GREEN BAY, WI 54313
965 SOUTH GREEN BAY ROAD LLC
3305C BALLARD RD
APPLETON, WI 54911
Page 11
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Printing Date: 4/6/2023
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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
Page 12
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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: 4/6/2023
1 in = 500 ft
1 in = 0.09 mi¯420 S KOELLER ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 13
W 5TH AV
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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: 4/6/2023
1 in = 100 ft
1 in = 0.02 mi¯420 S KOELLER ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 14
MAY 23, 2023 23-241 RESOLUTION
(APPROVED 7-0 LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A NEW
ELEMENTARY SCHOOL AT 915 HAZEL STREET
INITIATED BY: NATE CONSIDINE – BRAY ARCHITECTS
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the Conditional Use Permit for a new
elementary school at 915 Hazel Street, is consistent with the criteria established in Section
30-382 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a Conditional Use Permit for extension of a Temporary Use Permit for a
new elementary school at 915 Hazel Street, per the attached, is hereby approved, with the
following findings:
1. Is in harmony with the Comprehensive Plan.
2. Would not result in a substantial or undue adverse impact on nearby property,
the character of the neighborhood, environmental factors, traffic factors,
parking, public improvements, public property or rights-of-way, or other
matters affecting the public health, safety, or general welfare.
3. Maintains the desired consistency of land uses, land use intensities, and land
use impacts as related to the environs of the subject property.
4. The conditional use is located in an area that will be adequately served by, and
will not impose an undue burden on, any of the improvements, facilities,
utilities or services provided by public or private agencies serving the subject
property.
5. The potential public benefits outweigh any potential adverse impacts of the
proposed conditional use, after taking into consideration the applicant’s
proposal and any requirements recommended by the applicant to ameliorate
such impacts.
MAY 23, 2023 23-241 RESOLUTION
CONT’D
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that
the following are conditions of approval for a Conditional Use Permit for expansion of
an institutional residential use and a group development at 815 County Road Y:
1. Final landscaping plan shall be 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: May 18, 2023
RE: Approve Conditional Use Permit for an Indoor Institutional use (new elementary
school) at 915 Hazel St.
BACKGROUND
The applicant is requesting Conditional Use Permit (CUP) approval for an Indoor Institutional
use at 915 Hazel Street. The subject site consists of a 6.7-acre parcel with frontage on Grove St.,
E. Melvin Ave., Hazel St., and Siewert Trail. The site is cur rently Webster Stanley Elementary
and Middle School. The 2040 Comprehensive Land Use Plan recommends Community Facility
use for the site. The site is surrounded predominantly by single family residential uses along
with Menominee Park to the east.
ANALYSIS
The petitioner is requesting approval of CUP for in Indoor Institutional use (new elementary
school). The applicant is proposing to demolish the existing Webster Stanley Elementary and
Middle School and construct a new elementary school with an anticipated enrollment of 600
students along with approximately 75 staff members. Indoor Institutional uses require a C UP
in the Institutional (I) district. According to the applicant, the projected number of students and
staff will not change from that of the existing school. The proposed plan has a total of five (5)
accesses from Grove St., E. Melvin Ave., and Hazel St. The E. Melvin Ave. entrance will only be
utilized for access to the refuse enclosure and loading area.
Staff is supportive of the CUP as proposed use as it is consistent with the 2040 Comprehensive
Land Use Plan Recommendation of Community Facility for the site. Also, the new school will
have approximately the same number of users as the existing site and should not generate a
significantly larger impact on the surrounding area.
FISCAL IMPACT
Approval of this project would not result in an increase in the assessed property value as the
property is exempt.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended approval of the Conditional Use Permit with findings and
conditions on May 16, 2023. Please see the attached staff report and meeting minutes for more
information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager/Director of
Administrative Services
PLAN COMMISSION STAFF REPORT
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A NEW
ELEMENTARY SCHOOL AT 915 HAZEL STREET
PLAN COMMISSION MEETING DATE: MAY 16, 2023
GENERAL INFORMATION
Applicant: Nate Considine – Bray Architects
Owner: Oshkosh Area School District
Action(s) Requested:
The applicant is requesting a Conditional Use Permit for an Indoor Institutional development
(new elementary school).
Applicable Ordinance Provisions:
Indoor Institutional land uses are permitted only through a Conditional Use Permit (CUP) in
the Institutional district (I) as regulated in Section 30-50 (C) of the Zoning Ordinance. Criteria
used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The subject site consists of a 6.7-acre parcel with frontage on Grove St., E. Melvin Ave., Hazel
St., and Siewert Trail. The site is currently Webster Stanley Middle School. The 2040
Comprehensive Land Use Plan recommends Community Facility use for the site. The site is
surrounded predominantly by single family residential uses along with Menominee Park to the
east.
Subject Site:
Existing Land Use Zoning
School I
Recognized Neighborhood Organizations
Menominee North
Adjacent Land Use and Zoning:
Existing Uses Zoning
North Residential SR-5
South Residential SR-9
West Residential SR-9
East Park I
Item IV – CUP: Elementary School – 915 Hazel St. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Plan Recommendation Community Facility
ANALYSIS
Use
The applicant is proposing to demolish the existing Webster Stanley Middle School and
construct a new elementary school with an anticipated enrollment of 600 students along with
approximately 75 staff members. Indoor Institutional uses require a Conditional Use Permit in
the Institutional (I) district. According to the applicant, the projected number of students and
staff will not change from that of the existing school. Staff does not have concerns with the
proposed use as it is consistent with the 2040 Comprehensive Land Use Plan Recommendation
of Community Facility for the site. Also, the new school will have approximately the same
number of users as the existing site and should not generate a significantly larger impact on the
surrounding area.
Site Design & Access
The proposed plan has a total of 5 accesses from Grove St., E. Melvin Ave., and Hazel St. The E.
Melvin Ave. entrance will only be utilized for access to the refuse enclosure and loading area.
Item IV – CUP: Elementary School – 915 Hazel St. 3
Required Provided
Front Setback (north) 30 ft. 31 ft.
Street Side Setback (east) 25 ft. 26.9 ft.
Street Side Setback (west) 25 ft. 26.2 ft.
Street Side Setback (south) 25 ft. 44.1 ft.
Rear Setback (south) 25 ft. 115 ft. +/-
Building Height 45 ft. max. 44.66 ft.
Required Provided
Parking Spaces Min: 38 97
Impervious Surface Max: 60% of lot 60% of lot
The proposed plans meet all setback, building height, and impervious surface requirements for
the Institutional (I) district. The applicant is also meeting the parking requirement of one space
per two employees for elementary schools.
The proposed refuse enclosure is on the north side of the building and will be constructed of
face brick to match the principal building. Code prohibits exterior trash storage or dumpsters
from being located between a building and a public street except if in the opinion of the
Director of Community Development, or designee, no other suitable location is available for
such purpose, and provided the dumpster area is developed in a manner so as to minimize its
appearance from a public street. With the site being enveloped by four street frontages, staff is
of the opinion that there is no other suitable location for the dumpster area and the enclosure
matches and ties into the building to sufficiently minimize its visibility from the public street.
The site plan shows 4’ tall steel ornamental fencing along the Grove St. and E. Melvin Ave.
frontages which extends into the 20’ X 20’ vision clearance triangle at the intersection of Grove
St. and E. Melvin Ave. Fencing within the vision triangle will be limited to 30” tall and 30%
opacity. The plan also shows 6’ tall solid wood fencing along the south property being utilized
to meet bufferyard requirements.
The City Parks Department reviewed the plans and the connection with Menominee Park to the
east, and noted that the new trail connecting to the park trail on the east side of Hazel St. should
Item IV – CUP: Elementary School – 915 Hazel St. 4
be made of asphalt per city specs for trails and match the width of the existing trail. Where the
new trail connects to the existing park trail, it should be flared out to the trail as it connects.
Signage
Proposed signage for the site includes school name lettering on the northeast building façade as
well a monument sign along Hazel St. The wall signage is within the maximum sign area for
the I district of 1 sq. ft. per linear foot of building frontage and the monument sign is within the
maximum sign area for ground signs in the I district of 1 sq. ft. per linear foot of street frontage.
An approximately 7’ tall, 40 sq. ft. monument sign including an 11 sq. ft. electronic message
center is shown along the Hazel Street frontage. The sign complies with the maximum ground
sign area for the Institutional district of 1 sq. ft. of sign area per linear of street frontage, as well
as the maximum EMC sign area of 100 sq. ft. for the site.
Lighting
The applicant submitted a photometric plan that meets the .4 foot-candle minimum requirement
for parking areas, and has no more than .5 foot-candles of light trespass at the property lines or
1.0 fc at the right-of-way line. Lighting will consist of full cut-off fixtures mounted on 19’ tall
light poles, meeting the maximum light fixture height of 20’ for the I district.
Storm Water Management
The applicant has been in contact with the Department of Public Works regarding storm water
management for the area. The final storm water management plans will be approved during
the Site Plan Review process.
Landscaping
Building foundation, street frontage, paved area, yard, and bufferyard landscaping is required
for the development.
Item IV – CUP: Elementary School – 915 Hazel St. 5
Building Foundation
The building foundation landscaping point requirement of 40 landscaping points per 100 linear
feet of building foundation is being met for the site. Code further specifies that 25% of the
Item IV – CUP: Elementary School – 915 Hazel St. 6
points shall be on the side facing the public street and 50% shall be on the side of the main
entrance. These requirements are also being met.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being met. The plan is also meeting the requirement that 30% of all points will be
devoted to tall trees and 40% will be devoted to shrubs. A tall deciduous/shade tree is required
at the ends of all parking rows, which has been provided on the plan.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The applicant is meeting this
requirement for all street frontages. The landscaping ordinance also specifies that 50% of the
required points must be devoted to medium trees. The applicant has noted that the 50%
medium tree requirement will not be met for all street frontages.
The applicant has stated that the size of plantings will be greater than required by code.
Specifically, the landscape schedule shows ornamental trees being planted at 2.5” diameter and
shade trees at 3” diameter, where the minimum planting size is 1.25” diameter. Per Section 30-
251(F) of the landscaping ordinance, the Director of Community Development, or designee, and
the Plan Commission have the authority to allow alterations or substitutions for one type of
planting for another to the landscaping requirements as long as the altered requirements
achieve an equivalent or greater level of landscaping on a site. Such alterations or substitutions
may include when larger size plantings are provided as part of the overall landscape plan. Staff
feels that the increased tree planting sizes along the street frontage are an appropriate
substitution for the required medium tree points as it will allow the applicant to retain existing
mature plantings and the new plantings of a larger size will visually enhance the site
immediately upon planting.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard
landscaping points meet this requirement.
Bufferyards
A 0.2 opacity bufferyard is required along the south property line as the site is abutting a
Single-family Residential – 9 district (SR-9). The applicant is meeting this requirement with 6’
solid wood fencing along the south property line and arborvitae trees within the 25’ front yard
setback areas along Grove St. and Oak St./Siewert Trl.
Item IV – CUP: Elementary School – 915 Hazel St. 7
Building Facades
Building Materials
The City’s Exterior Design Standards do not apply to Institutional land uses. However, the
exterior design may be reviewed as part of the CUP review process. The petitioner has
provided elevations for the building as well as a material list and material breakdown for the
building for each building facade. The specific elevations breakdown is as follows:
North: Class I – 79% Class III – 21%
South: Class I – 84% Class III – 16%
East: Class I – 84% Class III – 16%
West: Class I – 81% Class III – 19%
The proposed building elevations consist of a combination of stone, brick, glass, and metal
panels. When compared to the Class I material allotment that would be required under
commercial standards, the proposed elevations significantly exceed the minimum of 50% Class I
materials for all facades. Staff feels that the proposed elevations provide an attractive
appearance for the building that is compatible with the surrounding area.
Item IV – CUP: Elementary School – 915 Hazel St. 8
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional
Use Permit, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property, the
character of the neighborhood, environmental factors, traffic factors, parking, public
improvements, public property or rights-of-way, or other matters affecting the public
health, safety, or general welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not
impose an undue burden on, any of the improvements, facilities, utilities or services
provided by public or private agencies serving the subject property.
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant’s proposal and any
requirements recommended by the applicant to ameliorate such impacts.
Staff recommends approval of the proposed Conditional Use Permit for an indoor institutional
use at 915 Hazel St. as proposed with the findings listed above and the following condition:
(1) Final landscaping plan shall be approved by the Department of Community
Development.
Plan Commission recommended approval of the Conditional Use Permit with findings and
conditions on May 16, 2023. The following is their discussion on the item.
Site Inspections Report: Ms. Propp and Ms. Davey all reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit for an Indoor Institutional development
(new elementary school).
Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the
land use and zoning classifications in this area. The subject site consists of a 6.7-acre parcel with
frontage on Grove St., E. Melvin Ave., Hazel St., and Siewert Trail. The site is currently Webster
Stanley Middle School. The 2040 Comprehensive Land Use Plan recommends Community
Facility use for the site. The site is surrounded predominantly by single family residential uses
along with Menominee Park to the east. Staff recommends approval with the findings and
conditions as stated in the staff report.
Mr. Perry opened up technical questions to staff.
Item IV – CUP: Elementary School – 915 Hazel St. 9
Ms. Davey asked for clarification on the elevations image.
Mr. Lyons said he would defer to the applicant.
Ms. Propp asked for clarification on where the playground is.
Mr. Lyons said it is located behind the school.
Mr. Nichols asked if there were any concerns with the electronic sign in the residential
neighborhood.
Mr. Lyons said that it meets the code requirement for EMCs.
Mr. Slusarek said that code requires it to be at least 100 feet from a residential zoned property
and it’s over that.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Jim Fochs; OASD, 1404 S Main St, said the center part of the reverse “C” is hardscape
playground which is important for handicap accessible plus some asphalt playgrounds and a
natural turf play area. He said that on the elevations image, the piece that seems to be sitting on
top of the building is a mechanical penthouse for ventilation.
Joyce Anderson; 835 Hazel St, asked for clarification about the fencing.
Mr. Slusarek said there is six-foot wooden fencing along the residential properties.
Ms. Anderson asked if the sign will be facing Hazel St.
Mr. Slusarek said it will be facing north and south.
Mr. Lyons said that it is a monument style sign that would be viewed when driving north and
south on Hazel St.
Ms. Anderson asked if the neighbors would be able to see it.
Mr. Lyons said there is landscaping in the area that should buffer the view from the neighbors.
Ms. Anderson asked if they felt like the fence would help secure the school.
Mr. Lyons said he would defer to the applicant about security, but the fence is a code
requirement because of the buffer yard standards.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
Item IV – CUP: Elementary School – 915 Hazel St. 10
Mr. Fochs said when it comes to security, there will be exterior and interior cameras which will
cover the entire site, there is a lighting plan approved by the city so the site itself will be
secured. There is a woven fence to the east and west so if police officers want to monitor the
property, they will be able to.
Ms. Davey asked the applicant how many parking stalls are currently in the lot since there will
be 96 in the new lot.
Mr. Fochs said he believes it is around 50 parking spots.
Ms. Davey said that it should help with on street parking.
Mr. Fochs said it will help significantly and it will support all the staff working in the facility.
Motion by Propp 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.
Motion carried 5-0.
Page 8
2
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands.
2. Pedestrian and vehicular circulation and safety.
3. Noise, air, water, or other forms of environmental pollution.
4. The demand for and availability of public services and facilities.
5. Character and future development of the area.
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)
A narrative of the proposed conditional use and project including:
Proposed use of the property
Existing use of the property
Identification of structures on the property and discussion of their relation to the project
Projected number of residents, employees, and/or daily customers
Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and
acreage to the nearest one-hundredth of an acre
Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
Surrounding land uses
Compatibility of the proposed use with adjacent and other properties in the area.
Traffic generation
Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
A complete site plan including:
Digital plans and drawings of the project
Title block that provides all contact information for the petitioner and/or owner, if different
Full name and contact information of petitioner’s engineers/surveyors/architects, or other design professionals used in
the plan preparation
The date of the original plan and latest date of revision to the plan
A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1”=60’) unless
otherwise approved by the Department of Community Development prior to submittal
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
All required building setback and offset lines
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks,
patios, fences, walls
Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a
summary of the number of parking stalls provided per the requirements of Section 30 -175 City of Oshkosh Zoning
Ordinance
Location and dimension of all loading and service areas on the subject property
Location, height, design, illumination power and orientation of all exterior lighting on the property including a
photometrics plan
Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where
applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not
limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plu mbing vents, gas regulators,
generators
Page 9
Conditional Use Permit Narrative
City of Oshkosh
New Elementary School (Menominee Elementary School)
March 27, 2023
To whom it may concern:
The submittal being filed today is to refocus Oshkosh Area School District’s vision for
the current Webster-Stanley School site into what would become a new 600 student
Elementary School. This will include removing the entire Webster-Stanley facility to build a
New Elementary School.
In November of 2020, over 60% of the community voted “Yes” to a larger referendum to
build a New Middle School, a New Elementary School, and District-Wide Upgrades throughout
Oshkosh Area School District. Specific to the New Elementary School project, this project will
unify three different student populations. One being the current Webster-Stanley Elementary
School, another being Merrill Elementary School, and the other being Washington Elementary
School. This final effort related to that referendum is the next step in the Oshkosh Area School
District’s consolidation efforts to run less buildings more economically while still improving
student learning.
The building is a reverse “C” shape with two-thirds of the building being a two story
structure while the Kindergarten and 1st grade wing to the South would be a single story
structure. This allows for designated entrances based on the person coming to the school yet
still maintaining safety from the curb all the way through the building. In addition to typical
classroom spaces, this building will be outfitted with three larger spaces that can double for
community events. These spaces would be a large cafeteria, a single station gymnasium, and
a Media Center(Library) with two of these three spaces looking out towards Lake Winnebago.
It is worth noting that in looking at the design of this site, it was very important to
Oshkosh Area School District and Bray Architects to be cognizant and considerate to our
neighborhood in this highly residential area. Taking inspiration from the lake and the park, as
well as the City street grid, when looking at the site plan and the overall building plan, there
are clear cues and responses to this site. In addition, the building is intentionally designed to
have a single story building near the neighborhood in which houses are more densely located,
and the two story building located with houses spread further apart and larger streets to
breakdown the scale as you approach the building.
The projected number of employees and students will not change as the district is
shuffling the staff and students around. This site currently has an Elementary School and a
Page 10
Middle School, so going to a larger Elementary School will keep the same amount of
occupants on site.
We understand that there will be noise, odor, dust, fumes, vibration, etc during
construction, but we do believe that the noise, light pollution will actually be enhanced on the
site post construction compared to it’s current situation. In the same light, a traffic study was
conducted on this site, and the new building will actually improve site flow.
On behalf of Oshkosh Area School District, we thank you for your time and willingness
to work together to build a successful project in Oshkosh.
Nate Considine, AIA, NCARB, BCP
Delivery Team Leader | Architect
Bray Architects
Page 11
Page 12
CUP
915 HAZEL ST
PC: 5-16-2023
PAUL F/SHELLEY K MUETZEL
830 GROVE ST
OSHKOSH, WI 54901
834 GROVE STREET LLC
907 S MAIN ST
OSHKOSH, WI 54902
TIMOTHY A FUHRMANN
840 GROVE ST
OSHKOSH, WI 54901
TODD K HALLIDAY
900 GROVE ST
OSHKOSH, WI 54901
OSHKOSH AREA SCHOOL
DISTRICT
PO BOX 3048
OSHKOSH, WI 54903
JASMINE A MCCARVILLE
841 OAK ST
OSHKOSH, WI 54901
BARBARA A JACOB
837 OAK ST
OSHKOSH, WI 54901
GLENN E/ELIZABETH J TAYLOR
815 OAK ST
OSHKOSH, WI 54901
MATTHEW C GRUETTNER
836 OAK ST
OSHKOSH, WI 54901
GERALD A SCHUHART
842 OAK ST
OSHKOSH, WI 54901
JOYCE M ANDERSON
835 HAZEL ST
OSHKOSH, WI 54901
AARON KONITZER/MARGARET
LOVGREN
915 GROVE ST
OSHKOSH, WI 54901
KYLE L/KELLY M KALMERTON
911 GROVE ST
OSHKOSH, WI 54901
STACY L GROFF
905 GROVE ST
OSHKOSH, WI 54901
SARAH TIBBITS
845 GROVE ST
OSHKOSH, WI 54901
RICHARD L/KELLIE J
ABRAHAMSON
839 GROVE ST
OSHKOSH, WI 54901
JAMES/PATRICIA A WALDECKER
920 E MELVIN AVE
OSHKOSH, WI 54901
MICHAEL SCHMITZ
943 GROVE ST
OSHKOSH, WI 54901
RITA M SCHUTZENDORF
939 GROVE ST
OSHKOSH, WI 54901
AMBER DUTCHER
498 DARTFORD RD
BERLIN, WI 54923
JENNIFER J KOHLMAN
921 GROVE ST
OSHKOSH, WI 54901
PHILLIP R WALKER
1002 GROVE ST
OSHKOSH, WI 54901
JAYNE M KLECKNER
1003 OAK ST
OSHKOSH, WI 54901
CHA LEE
1006 OAK ST
OSHKOSH, WI 54901
JOSEPH R POLLOCK
1005 HAZEL ST
OSHKOSH, WI 54901
NATE CONSIDINE
829 S 1ST ST
MILWAUKEE, WI 53204
JIM FOCHS
1404 S MAIN ST
OSHKOSH, WI 54902
Page 13
SI E WE R T TR
E M E LV I N AV
OA
K
S
T
GRO
VE ST
OAK
ST SI E WE R T TR
HAZEL ST
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 4/14/2023
1 in = 120 ft
1 in = 0.02 mi¯915 HAZEL ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 14
SI E WE R TTR
E M E LV I N AV
O
A
K
ST
GRO
VE ST
OAK
ST
SI E WE R T TR
HAZEL ST
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 4/14/2023
1 in = 100 ft
1 in = 0.02 mi¯915 HAZEL ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 15
FAIR
VIEW ST
OAK ST
GROV
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EVANS ST
POWER
S ST
BROAD ST
MONROE ST
E MEL VIN AV
STERLING AV
SIEWERT TR
GEHRESCT
POWER
S ST
E CUSTER AV
E TENNESSEE AV
BONG CT
SIEWERT TR
E TENNESSEE AV
E M EL VI N A V
E LINCOLN AV
E CUSTER AV
BAL DWI N AV
E CUSTER AV
CLEVELAND AV
PRATTT R
GROV
E
ST
EVANS
ST
E IRVING AV
BAL DWIN AV
PYLE AV OAK ST
EVANS ST
MONROE
ST
OAK ST
MONROE
ST
BOYD ST
OAK ST
GROVE ST
E NEW YOR K AV
MENOMINEEDR
BOWEN ST
E IRVING AV
HAZEL ST
HAZEL ST
Oshkosh City Limit
Oshkosh City Limit
Oshkosh City Limit
Oshkosh City Limit
O
s
h
k
o
s
h
C
i
t
y
L
i
m
i
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O
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o
s
h
C
i
t
y
L
i
m
i
t
I
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MR-36-PD
SR-3
SR-5
SR-9
UI
UMU-PD
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 4/14/2023
1 in = 500 ft
1 in = 0.09 mi¯915 HAZEL ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 16
MAY 23, 2023 23-242 RESOLUTION
CARRIED__7-0__LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AMENDMENT
AND SPECIFIC IMPLEMENTATION PLAN FOR A
COMMERCIAL DEVELOPMENT AT THE NORTHWEST CORNER
OF OSHKOSH AVENUE AND NORTH WESTFIELD STREET
INITIATED BY: LAKE SHORE DEVELOPMENT OF OSHKOSH, LLC
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the Plan Commission finds that the General Development Plan
amendment and Specific Implementation Plan for a commercial development at the
northwest corner of Oshkosh Avenue and North Westfield Street 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 amendment and Specific Implementation Plan
for a commercial development at the northwest corner of Oshkosh Avenue and North
Westfield Street, 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.
APRIL 25, 2023 23-242 RESOLUTION
CONT’D
5. The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
6. The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of
development in the area.
7. 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.
8. The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of
development in the area.
9. The proposed Planned Development project will produce significant benefits in
terms of environmental design and significant alternative approaches to
addressing development performance that relate to and more than compensate
for any requested exceptions/base standard modifications variation of any
standard or regulation of this Chapter.
BE IT FURTHER RESOLVED that the following are conditions of approval for a
General Development Plan amendment and Specific Implementation Plan for a
commercial development at the northwest corner of Oshkosh Avenue and North
Westfield Street:
1. Cross access agreement for shared driveway access shall be filed with the
Winnebago County Register of Deeds.
2. BSM to allow reduced rear (north) setback to 5 ft. for parking lot and refuse
enclosure, where code requires a 25 ft. rear yard setback.
3. BSM to allow increased parking to 48 spaces, where code allows a maximum of
25 parking spaces.
4. BSM to allow two parking ends (north of building) without a tree planting.
5. Final landscaping plan 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: May 18, 2023
RE: Approve General Development Plan amendment and Specific Implementation
Plan for a commercial development at the northwest corner of Oshkosh Avenue
and North Westfield Street.
BACKGROUND
The applicant also requests approval of General Development Plan amendment and Specific
Implementation Plan for a commercial development at the northwest corner of Oshkosh Avenue
and North Westfield Street. The property is zoned Corporate Business Park with a Planned
Development Overlay (CBP-PD) and the surrounding area consists of commercial uses to the
east and west, hotel to the north, and residential uses to the south. A General Development Plan
(GDP) was approved in March, 2018 for hotel, commercial and retail uses on the 1700 Block of
Oshkosh Avenue, including a 5,190 sq. ft. restaurant in the general area of the subject site. The
General Development Plan was amended in August, 2018 with a 14,190 sq. ft. future commercial
building shown on the subject site. The 2040 Comprehensive Plan recommends Interstate
Commercial land use for the subject property.
ANALYSIS
The applicant is proposing a two-phase development on the subject site. Phase 1 is a 4,200 sq.
ft. single-story restaurant/sports bar with a 1,000 sq. ft. covered patio. Phase 2 is a future 4,120
sq. ft. commercial building addition with 580 sq. ft. outdoor patio. The proposed use and site
design are consistent with Corporate Business Park standards. The proposed building and
parking areas meet all setback requirements for the CBP District, with the exception of the
parking area and refuse enclosure on the north end of the site, where the applicant is requesting
a BSM for reduced rear yard setback to 5’ from the code requirement of 25’. Staff does not have
concerns with this setback reduction as it will be abutting a shared driveway and neighboring
hotel parking lot to the north.
The applicant is requesting a Base Standard Modification (BSM) to allow 48 parking spaces for
Phase 1 (sports bar), where a maximum of 25 spaces are allowed. According to the applicant,
the increased parking is needed as the maximum capacity of the sports bar will be 155 people.
The applicant would prefer to provide one space per two people at maximum capacity, which
would be 77 spaces. However, the applicant feels that the proposed 48 stalls will be sufficient
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
to meet their needs. Staff is supportive of the requested BSM for increased parking as dine-in
restaurants may need more parking than code currently allows. Recent dine -in restaurant
approvals have also included BSM’s for increased parking (i.e., Chili’s; Mineshaft). Planning
staff intends to analyze the current parking requirements for indoor entertainment uses and it
may be appropriate to increase parking allowances for dine-in restaurant uses.
The applicant has requesting a BSM to allow two parking row ends on the north side of the
building without required parking row end trees and have noted that a tree is not feasible in
these areas due to the proximity of the building. Staff is supportive of this BSM as the applicant
has provided the required trees along the street frontages to offset the request.
FISCAL IMPACT
Approval of this may result in a minor increase in the assessed property value for the site. The
applicant is anticipating spending approximately $1,200,000 on the proposed project.
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan amendment
and Specific Implementation Plan with findings and conditions on May 16, 2023. Please see the
attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager/Director of
Administrative Services
PLAN COMMISSION STAFF REPORT
ITEM: GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC
IMPLEMENTATION PLAN FOR A COMMERCIAL DEVELOPMENT AT
NORTHWEST CORNER OF OSHKOSH AVENUE & N. WESTFIELD STREET
PLAN COMMISSION MEETING DATE: MAY 16, 2023
GENERAL INFORMATION
Owner/Applicant: Lake Shore Development of Oshkosh, LLC
Action(s) Requested:
The petitioner requests approval of a General Development Plan (GDP) amendment and
Specific Implementation Plan (SIP) for a commercial development at the northwest corner of
Oshkosh Avenue and N. Westfield Street.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information Property Location and Type:
The subject site consists of a 1.33-acre vacant parcel at the northwest corner of Oshkosh Avenue
and N. Westfield Street. The property is zoned Corporate Business Park with a Planned
Development Overlay (CBP-PD) and the surrounding area consists of commercial uses to the
east and west, hotel to the north, and residential uses to the south. A General Development
Plan (GDP) was approved in March, 2018 for hotel, commercial and retail uses on the 1700
Block of Oshkosh Avenue, including a 5,190 sq. ft. restaurant in the general area of the subject
site. The General Development Plan was amended in August, 2018 with a 14,190 sq. ft. future
commercial building shown on the subject site. The 2040 Comprehensive Plan recommends
Interstate Commercial land use for the subject property.
Subject Site
Existing Land Use Zoning
Vacant CBP-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Hotel CBP-PD
South Residential SR-5
East Commercial CBP-PD
West Commercial CBP-PD
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Use
The applicant is proposing a two-phase development on the subject site. Phase 1 is a 4,200 sq.
ft. single-story restaurant/sports bar with a 1,000 sq. ft. covered patio. Phase 2 is a future 4,120
sq. ft. commercial building addition with 580 sq. ft. outdoor patio.
The proposed plans were discussed at a Plan Commission workshop on March 21, 2023, with
Plan Commission voicing support of the proposal. A General Development Plan (GDP)
amendment is required for the proposed plans as the configuration of the of the development is
not consistent with the site layout of the existing GDP. Staff does not have concerns with the
requested GDP amendment as the proposed use and site design are consistent with Corporate
Business Park standards.
The proposed restaurant use (Phase 1) is a conditional use in the Corporate Business Park
District (CBP) and the specific implementation plan (SIP) will be addressed within this report.
The Phase 2 building addition will be addressed under a separate future SIP request.
Site Design/Access
The proposed development will have a single access from the existing shared access drive from
N. Westfield St., to the north of the site. A cross-access agreement will be required to be filed
with the Winnebago Count Register of Deeds.
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 3
Site Plan
Required Provided
Phase 1 parking spaces
Minimum: 17
Maximum: 25 48
Total parking spaces
Minimum: 30
Maximum: 37 74
Total Impervious Surface Maximum: 70% of lot 67.23% of lot
The applicant is requesting a BSM to allow 48 parking spaces for Phase 1 (sports bar), where a
maximum of 25 spaces are allowed. According to the applicant, the increased parking is
needed as the maximum capacity of the sports bar will be 155 people. The applicant would
prefer to provide one space per two people at maximum capacity, which would be 77 spaces.
However, the applicant feels that the proposed 48 stalls will be sufficient to meet their needs.
Staff is supportive of the requested BSM for increased parking as dine-in restaurants may need
more parking than code currently allows. Recent dine-in restaurant approvals have also
included BSM’s for increased parking (Chili’s, Mineshaft). Planning staff intends to analyze the
current parking requirements for indoor entertainment uses and it may be appropriate to
increase parking allowances for dine-in restaurant uses. Staff also feels that allowing more
parking is appropriate in this case as off-street parking is not available in the surrounding area
to provide additional parking. Parking for Phase 2 of the development will be addressed under
a future SIP for Phase 2.
The plan includes a dumpster enclosure at the northwest corner of the parking lot which will be
constructed of brick veneer to be consistent with the exterior of the principal building, per CBP
accessory structure standards.
Building/Parking Setbacks
Minimum Provided
Front Setback (south) 30 ft. 30.5 ft. (building)
Street Side Setback (east) 30 ft. 30 ft. (patio)
Side Setback (west) 10 ft. 11 ft. (pavement)
Rear Setback (north) 25 ft. 5 ft. (pavement/refuse enclosure)
The proposed building and parking areas meet all setback requirements for the CBP District,
with the exception of the parking area and refuse enclosure on the north end of the site, where
the applicant is requesting a BSM for reduced rear yard setback to 5’ from the code requirement
of 25’. Staff does not have concerns with this setback reduction as it will be abutting a shared
driveway and neighboring hotel parking lot to the north.
Storm Water Management/Utilities
The applicant has been in discussion with the Department of Public Works regarding storm
water management for the area. Finalized storm water management plans will need to be
submitted and approved as part of the Site Plan Review process.
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 4
Landscaping
Landscape plan
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 5
Building Foundation
The landscape plan shows a combination of shrubs around the building foundation. The
applicant is exceeding the total point requirement of 40 points per 100 linear feet of building
foundation.
The landscaping ordinance specifies that 50% of the required points must be located along the
main entrance side of the building and 25% of the required points must be located on the side of
the building facing a public street. The plan is meeting both of these requirements.
Paved Area
The landscape plan is meeting the paved area requirement of 50 landscaping points per 10
parking stalls or 10,000 sq. ft. of paved area. The code further specifies 30% of all points will be
devoted to tall trees and 40% will be devoted to shrubs. A tall deciduous/shade tree is required
at the ends of all parking rows. The plan is meeting these requirements, with the exception of
two landscape islands on the north side of the building that are missing the required tree. The
applicant has requesting a BSM to allow these parking row ends and have noted that a tree is
not feasible in these areas due to the proximity of the building. Staff is supportive of this BSM
as the applicant has provided the required trees along the street frontages to offset the request.
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 6
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also
specifies that 50% of the required points must be devoted to medium trees. The landscape plan
is exceeding this requirement along both frontages.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The CBP standards also
require 50% of yard landscaping points to be located along street frontages. The landscape
plan is exceeding both of these requirements.
Signage
The applicant has submitted sign plans, which include wall signage on the north and south
building elevations. The proposed signs are within the maximum area of 1 sq. ft. per linear foot
of building frontage and 15% of the wall area per building façade.
Plans also include a 9’ 8” tall monument sign with three 20 sq. ft. sign panels along the corner of
Oshkosh Ave. and N. Westfield St., which is within the maximum height of 10’ and maximum
area of 1 sq. ft. per linear foot of street frontage allowed for signage in the CBP district. The sign
will have a brick veneer exterior to match the building. The proposed sign will include signage
for neighboring sites that have shared access from N. Westfield St. A BSM to allow a free-
standing sign with off-premise advertising was approved as part of the GDP (2018). Final
signage for the site will be addressed under a separate building permit.
Site Lighting
A photometric plan has been provided by the applicant. The provided plant meets the
minimum lighting level of 0.4 fc for all parking/drive areas. Lighting levels do not exceed the
maximum of 0.5 fc at the property lines and 1.0 fc at the right-of-way line. The fixtures will be
full cut-off fixtures and will not exceed the maximum overall height of 25’.
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 7
Building Facades
Building Materials
The Corporate Business Park standards require buildings to be clad on all sides with at least
75% Class I materials. Also, window and door area shall comprise of at least 40% of the ground
floor level of the street facing facade. The specific elevations breakdown is shown below.
Required Class I Provided Class I
North 75% 82.8%
South 75% 75.9%
East 75% 78.3%
West 75% 87.9%
Street facing
ground floor (south
facade)
40% door/window
area 43.6%
Street facing
ground floor (east
facade)
40% door/window
area 40%
Building elevations
Building Composition
Corporate Business Park standards require buildings to be designed with four-sided detail and
a distinct base, middle and top. The base of the building shall be articulated with a horizontal
expression line creating a distinct ground level zone. The mid-section shall be articulated to
form an expression line which sets up the buildings top, while the top portion of the building
shall include architectural features that provide distinction and clearly show a division of roof
and walls. The front façade shall include architectural features which emphasize it as the front
façade.
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 8
The proposed elevations for the building meet these standards as canopies and variation of
materials/colors and varying roof heights provide distinction to the facades and projections
related to the entrances and patio area are utilized to emphasize the front façade.
Windows/doors are not utilized on the west façade as the future building addition is
anticipated up to that façade. Staff feels that the proposed sections of recessed brick along this
façade provide sufficient articulation.
Overall Site
The applicant is requesting BSMs for a decreased setback, increased parking, and a specific
landscaping requirement. To offset these BSMs, the applicant will be exceeding the overall
landscaping point requirement for the site and increasing Class I materials on all facades. Staff
is comfortable that the applicant has adequately offset the requested BSMs and the overall site is
complimentary to the surrounding area.
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.
(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 Amendment and Specific
Implementation Plan with the findings listed above with the proposed following conditions:
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 9
1. Cross access agreement for shared driveway access shall be filed with the Winnebago
County Register of Deeds.
2. BSM to allow reduced rear (north) setback to 5 ft. for parking lot and refuse enclosure,
where code requires a 25 ft. rear yard setback.
3. BSM to allow increased parking to 48 spaces, where code allows a maximum of 25
parking spaces.
4. BSM to allow two parking ends (north of building) without a tree planting.
5. Final landscaping plan shall be reviewed and approved by the Department of
Community Development.
Plan Commission recommended approval of the General Development Plan and the Specific
Implementation Plan Amendment with findings and conditions on May 16, 2023. The following
is their discussion on the item.
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The petitioner requests approval of a General Development Plan (GDP) amendment and
Specific Implementation Plan (SIP) for a commercial development at the northwest
corner of Oshkosh Avenue and N. Westfield Street.
Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as
the land use and zoning classifications in this area. The subject site consists of a 1.33-acre
vacant parcel at the northwest corner of Oshkosh Avenue and N. Westfield Street. The
property is zoned Corporate Business Park with a Planned Development Overlay (CBP-
PD) and the surrounding area consists of commercial uses to the east and west, hotel to
the north, and residential uses to the south. A General Development Plan (GDP) was
approved in March, 2018 for hotel, commercial and retail uses on the 1700 Block of
Oshkosh Avenue, including a 5,190 sq. ft. restaurant in the general area of the subject
site. The General Development Plan was amended in August, 2018 with a 14,190 sq. ft.
future commercial building shown on the subject site. The 2040 Comprehensive Plan
recommends Interstate Commercial land use for the subject property. The applicant is
proposing a two-phase development on the subject site. Phase 1 is a 4,200 sq. ft. single-
story restaurant/sports bar with a 1,000 sq. ft. covered patio. Phase 2 is a future 4,120 sq.
ft. commercial building addition with 580 sq. ft. outdoor patio.
The proposed plans were discussed at a Plan Commission workshop on March 21, 2023,
with Plan Commission voicing support of the proposal. A General Development Plan
(GDP) amendment is required for the proposed plans as the configuration of the of the
development is not consistent with the site layout of the existing GDP. Staff does not
have concerns with the requested GDP amendment as the proposed use and site design
are consistent with Corporate Business Park standards.
The proposed restaurant use (Phase 1) is a conditional use in the Corporate Business
Park District (CBP) and the specific implementation plan (SIP) will be addressed within
ITEM VIII GDP Amd. / SIP – 1700 Block Oshkosh Ave 10
this report. The Phase 2 building addition will be addressed under a separate future SIP
request. Staff recommends approval with the findings and conditions as stated in the
staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Steve Hoopman, 5105 I Ah Maytah Rd, said they decided to do this project in two
phases and are working with some potential tenants.
Ms. Davey asked what they are allowing in these spaces for EV charging.
Mr. Hoopman said that is something the hotel is working on but he doesn’t have details
on it currently.
Mr. Perry asked if this project will be starting shortly.
Mr. Hoopman said that it will hopefully get started mid-June and should occupy by
November.
Mr. Nichols asked if there are agreements between any of the properties for parking lot
use.
Mr. Hoopman said there are cross access agreements.
Mr. Coulibaly asked if the west side of the building is going to be expanded into
something.
Mr. Lyons said that currently it is green space but the applicant is hoping for two tenant
spaces.
Mr. Perry closed public comments and asked if the applicant wanted to make any
closing statements.
There were no closing statements from the applicant.
Motion by Coulibaly to adopt the findings and recommendation as stated in the staff
report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 5-0.
Sign_______ Staff ________ Date Rec’d ________
City of Oshkosh
Planned Development Application
For General Development Plan or Specific Implementation Plan
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: _________________________________________________________________________________ Date: ____________
Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email
Status of Petitioner (Please Check): Owner Representative Tenant Prospective Buyer
Petitioner’s Signature (required): _______________________________________________________________ Date: ____________
OWNER INFORMATION
Owner(s): __________________________________________________________________________________ Date: ____________
Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email
Ownership Status (Please Check): Individual Trust Partnership Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter
upon the property to inspect or gather other information necessary to process this application. I also understand that all
meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other
administrative reasons.
Property Owner’s Signature: ___________________________________________________________________ Date: ____________
TYPE OF REQUEST:
General Development Plan (GDP) General Development Plan (GDP) Amendment
Specific Implementation Plan (SIP) Specific Implementation Plan (SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: __________________________________________________________________________
Proposed Project Type: ________________________________________________________________________________________
Estimated Cost: _______________________________________________________________________________________________
Current Use of Property: ________________________________________________________________Zoning: ________________
Land Uses Surrounding Your Site: North: _________________________________________________________________________
South: _________________________________________________________________________
East: _________________________________________________________________________
West: _________________________________________________________________________
It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
Application fees are due at time of submittal. Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901
Room 204
PHONE: (920) 236-5059
Email: planning@ci.oshkosh.wi.us
$1,200,000
Popeye's
Convienence Store
Residential
Hotel
Sports Bar
Vacant CBP-PD
1700 Oshkosh Avenue
X
X
X
X920 216-1083 HoopmanS@firstweber.com
230 Ohio Street, Suite 200 Oshkosh WI 54902
Lake Shore Development of Oshkosh, LLC 4/17/2023
X
X920 216-1083 HoopmanS@firstweber.com
230 Ohio Street, Suite 200 Oshkosh WI 54902
Lake Shore Development of Oshkosh, LLC 4/17/2023
DocuSign Envelope ID: A00808AB-42B9-48DA-A042-E8BEF6DB21C8
4/17/2023
4/17/2023
Page 10
2
SUBMITTAL REQUIREMENTS – Must accompany the application to be complete.
(Submit only digital files. If file size exceeds 10 mb, please send through a file transfer. 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 appli cation,
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, i ncluding 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 and enhancements that will
be provided to compensate for them.
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:
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
All required and proposed building setback and offset lines
Impervious surface ratio (percentage)
DocuSign Envelope ID: A00808AB-42B9-48DA-A042-E8BEF6DB21C8
Page 11
3
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks,
patios, fences, walls
Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
Location and dimension of all on-site parking (and off-site parking provisions if they are to be utilized), including a
summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning
Ordinance
Location and dimension of all loading and service areas on the subject property
Location, height, design, illumination power and orientation of all exterior lighting on the pro perty including a
photometrics plan
Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where
applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes , but is not
limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators,
generators
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 and required and
provided landscaping points for all applicable landscaping components (building foundation, paved
areas, street frontages, yards, bufferyards).
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. The architectural plans shall include a percentage
breakdown of exterior materials applied to each building façade.
Conceptual Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas,
and 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.
Any other necessary information as determined during pre-submittal meeting with City staff.
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 and enhancements that will
be provided to compensate for them.
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.
Planning Staff may waive certain requirements if deemed not applicable to the project review.
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: _____________________
DocuSign Envelope ID: A00808AB-42B9-48DA-A042-E8BEF6DB21C8
4/17/2023
Page 12
pse
PARISH SURVEY & ENGINEERING
122 Wisconsin St ♦ West Bend, Wisconsin 53095 ♦ www.parishse.com
Phone (262) 346-7800 ♦ E-mail kparish@parishse.com
April 17, 2023
SIP Project Narrative
Re: Sports Bar
1700 Oshkosh Avenue
Lake Shore Development of Oshkosh, LL is requesting Specific Implementation Plan (SIP) and
Conditional Use approval for a proposed restaurant/tavern located in the 1700 block of Oshkosh
Ave. The site is zoned CBP-PD (Corporate Business Park-Planned Development). The parcel is
part of the approved GDP, Resolution 18-144. The project will be developed on Lot 1 of CSM
No. 7793.
Lot 1 is currently vacant and consists of 1.33 acres. The proposed Sport’s Bar will be a single-
story building consisting of a 4,176 square foot building with 1,000 square feet of outdoor
covered patio. A future building addition is shown that consists of a 4,120 square foot addition
and 580 square foot outdoor patio. A proposed parking lot with a total of 74 proposed and future
parking stalls will be located north and west of the proposed and future building with access from
the private driveway for the development. A trash enclosure is provided at the northwest corner
of the property.
Stormwater will be routed to the existing biofilter and Up-Flo filter via onsite storm sewer that
was designed and constructed as a part of the original development. This biofilter and Up-Flo
filter were sized to accommodate the full development of the Westfield Development.
SIP Narrative Requirements:
Specific project themes and images
o The proposed building is an approximately 4,200 sf single story restaurant /
tavern that has an additional 1000 sf covered patio. Proposed building materials
are concrete utility brick and architectural metal wall panels with a combination
of storefront and curtainwall windows in percentages to meet city zoning
code. Windows and openings are present on the north, east, and south
facades. The west façade lacks glazing and is being constructed as such to
accommodate future expansion.
Specific mix of land uses
o The proposed use will include a restaurant/taven where the food and drink is
primarily prepared, served and consumed within the principal building which
requires a Conditional Use in the CBP-PD district.
Specific nonresidential densities.
o The proposed building will consist of a 4,176 square foot proposed building with
1,000 square feet of outdoor covered patio and 4,120 square foot future addition
and 580 square foot future outdoor patio. The proposed site will include 67.23%
impervious surface and 32.77% open space.
Page 13
Specific treatment of natural features
o The major natural features near this property are Lake Butte des Morts and
Lakeshore Park. These natural features are north of but not immediately adjacent
to this development site. The proposed project will not negatively impact those
natural features.
Specific relationship to nearby properties and public streets
o The proposed site is located on Oshkosh Ave and will be compatible with the
surrounding CBP-PD zoning. The site is part of the corporate business park
development, which includes mixed retail uses and two hotels. The outdoor patio
will face North Westfield Street and have building access on the south and north
sides of the building.
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.
o The lot size is 1.33 acres. The proposed site will contain a proposed building and
patio footprint of 5,176 s.f. (0.12 acres), a future building and patio footprint of
4,700 s.f. (0.11 acres), 29,073 s.f. (0.67 ac) of proposed and future impervious
surfaces, and 18,986 s.f. (0.44 ac) of open space. The proposed site is comprised
of 67.23% impervious surfaces and 32.77% open space. The restaurant/tavern
will be completed in Phase 1 and the future building addition will be completed
in Phase 2.
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.
o The site is part of an existing approved GPD and the SIP is a requirement for this
parcel.
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.
o No exceptions or BSM are required.
Phasing Schedule
o The proposed restaurant/tavern is Phase 1 and the building addition will be Phase
2.
Agreements, bylaws, covenants, and other documents relative to the operational
regulations of the development and particularly providing for permanent
preservation and maintenance of common open space areas and amenities.
o Access, storm sewer and stormwater maintenance agreements are in place from
the original development.
How is SIP consistent with the approved GDP?
o The project will utilize shared ground signage at the North Westfield and
Oshkosh Avenue intersection.
o The project will utilize shared access, cross access, and stormwater easements
that were completed under the original development.
Page 14
o The project will include enhanced landscaping and building design standards
compatible with the adjacent development located within the planned
development.
o The project will positively contribute to the physical appearance and functional
arrangement of development in the area.
o Public infrastructure is adjacent to the development and will be utilized to serve
the proposed development.
Page 15
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Page 16
PD REVIEW
0 OSHKOSH AVE
PC: 5-16-2023
NORTH KOELLER STREET
HOTEL ASSOC LLC
2 QUAIL CREEK CIR
NORTH LIBERTY, IA 52317
CASEYS MARKETING CO
PO BOX 54288
LEXINGTON, KY 40555
BLACK DOG VENTURES LLC
1255 SCHEURING RD STE A
DE PERE, WI 54115
PEGGY J SCHELL/TONY L
BORCHERT
1512 N EAGLE ST
OSHKOSH, WI 54902
NATHAN DEFATTE/MADELYN OTT
1725 OSHKOSH AVE
OSHKOSH, WI 54902
HEAVEN SENT INVESTMENTS LLC
155 E FANTINEL BLVD STE D
SPRINGDALE, AR 72762
ROWLOCK LLC
3220 SHOREWOOD DR
OSHKOSH, WI 54901
LAKE SHORE DEVELOPMENT OF
OSHKOSH LLC
230 OHIO ST 200
OSHKOSH, WI 54902
Page 17
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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: 4/24/2023
1 in = 120 ft
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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
Page 18
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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: 4/24/2023
1 in = 500 ft
1 in = 0.09 mi¯0 OSHKOSH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 19
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Prepared by: City of Oshkosh, WI
Printing Date: 4/24/2023
1 in = 100 ft
1 in = 0.02 mi¯0 OSHKOSH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 20
MAY 23, 2023 23-243 RESOLUTION
(CARRIED___7-0__LOST________LAID OVER________WITHDRAWN________)
PURPOSE: AMEND 2023 CIP AND AWARD BID TO VINTON
CONSTRUCTION COMPANY FOR WESTHAVEN CIRCLE AND
TEICHMILLER PARK TENNIS AND PICKLE BALL COURT
RECONSTRUCTION FOR PARKS DEPARTMENT ($235,498.00)
INITIATED BY: PURCHASING DIVISION
WHEREAS, the City of Oshkosh has heretofore advertised for reconstruction of
the Westhaven Circle and Teichmiller Park tennis courts to include new pickle ball courts;
and
WHEREAS, upon the opening and tabulation of bids, it appears that the following
is the most advantageous bid:
VINTON CONSTRUCTION COMPANY
PO Box 137
Two Rivers, WI 54241
Total Bid: $235,498.00
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, with the addition of previously incurred design costs to the project, it
is necessary to amend the 2023 Capital Improvement Program Budget to add additional
funding to complete the construction.
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 to transfer $6,498.00 from A/N# 03250610 7216 62020 (Land and Land Improvements-
South Park Tennis/Pickle Ball Court Reconstruction) to A/N#: 02240610 7216 15241 (Land and Land
Improvements - Westhaven Circle Park Tennis & Pickle Ball Court Reconstruction) and / or
MAY 23, 2023 23-243 RESOLUTION
CONT’D
A/N# 03250610 7216 62110 (Land and Land Improvements Teichmiller Park Tennis & Pickle Ball Court
Reconstruction).
BE IT FURTHER RESOLVED that the said bid is hereby accepted and the proper
City officials are hereby authorized and directed to enter into an appropriate agreement
for the purpose of same, all according to plans, specifications, and bid on file. Money for
this purpose is hereby appropriated from:
Account Nos. 02240610 7216 15241 Land and Land Improvements- Westhaven
Circle Park Tennis & Pickle Ball Court
Reconstruction
03250610 7216 62110 Land and Land Improvements Teichmiller
Park Tennis & Pickle Ball Court Reconstruction
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: May 10, 2023
RE: Amend 2023 CIP and Award Bid to Vinton Construction Company for Westhaven Circle
and Teichmiller Park Tennis and Pickle Ball Court Reconstruction for Parks Department
($235,498.00)
BACKGROUND
In the 2023 CIP the Common Council allocated $240,000.00 for the reconstruction of both the Westhaven
Circle and Teichmiller Park tennis courts. The existing courts at both sites are scheduled for resurfacing
due to condition, age and use. Once complete both sites will be modified to accommodate one tennis
court and two pickle ball courts.
ANALYSIS
Working with Fred Kolkmann Tennis & Sport Surfaces LLC and Parks staff, Purchasing prepared bid
specifications for this project. The bid was advertised in the local newspaper and posted on DemandStar.
Bids were due May 9, 2023. The bid tab is attached. Based on the bid review, it was the consensus of
Fred Kolkman and City staff that the low bid met all the minimum bid requirements.
FISCAL IMPACT
The total fiscal impact of this bid is $235,498.00. With the inclusion of this project and factoring in Fred
Kolkman design fees of $11,000.00 the total fiscal impact for this project is $246,498.00. The 2023 CIP
allocated a total of $240,000.00 for this project. This bid will be charged to A/N#: 02240610 7216 15241
(Land and Land Improvements- Westhaven Circle Park Tennis & Pickle Ball Court Reconstruction) and
A/N# 03250610 7216 62110 (Land and Land Improvements Teichmiller Park Tennis & Pickle Ball Court
Reconstruction). The overage ($6,498.00) will be covered from funds in A/N# 03250610 7216 62020 (Land
and Land Improvements- South Park Tennis/Pickle Ball Court Reconstruction).
RECOMMENDATION
Purchasing recommends the Common Council Amend the 2023 CIP as noted above and award this bid
to Vinton Construction Company for $235,498.00.
Respectfully Submitted, Approved:
Jon G. Urben, General Services Manager John M. Fitzpatrick, Assistant City Manager
BID TAB
WESTHAVEN CIRCLE & TEICHMILLER PARK TENNIS AND PICKLE
BALL COURT RECONSTRUCTION
TUESDAY - MAY 9, 2023- 10:00 AM
BIDDER PREQUAL. BID BOND BID
Vinton Construction Co
1322 33rd Street
PO Box 137
Two Rivers, WI 54241
YES YES $235,498.00
Northeast Asphalt, Inc
W6380 Design Drive
Greenville WI 54942
YES YES $341,895.00
MAY 23, 2023 23-244 RESOLUTION
(CARRIED_7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: AMEND 2023 CIP AND APPROVE COOPERATIVE PURCHASE
OF LEAF VAC FROM MACQUEEN EQUIPMENT FOR STORM
WATER UTILITY ($67,156.00)
INITIATED BY: PURCHASING DIVISION
WHEREAS, the proposed 2023 Capital Improvement Program (CIP) includes an
allocation of $65,000.00 for the Storm Water Utility Division to purchase a new leaf vac to
be mounted on a truck chassis; and
WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that
purchases may be done without the use of formal sealed quotations or bids pursuant to
a contract with any other local, state or federal governmental unit or agency; and
WHEREAS, by participating through the State of Wisconsin Sourcewell
Cooperative Purchase program, staff was able to obtain a more competitive price for the
Titan leaf vac in the amount of $67,156.00; and
WHEREAS, it is necessary to amend the 2023 Capital Improvement Program
Budget to add additional funding for this purchase; and
WHEREAS, Global Environmental Products holds the Sourcewell cooperative
contract (#093021-GEP) for Titan leaf vacs. MacQueen is an authorized local dealer and
service center for the Titan products.
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 to transfer $2,156.00 from A/N # 03222010 7204 66021 (Machinery and
Equipment- Water Pumps) to A/N# 03222010 7204 66150 (Machinery and Equipment -
Leaf Blower).
MAY 23, 2023 23-244 RESOLUTION
CONT’D
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that
the proper City officials are hereby authorized and directed pursuant to Section 12-15 of
the Oshkosh Municipal Code to purchase the above-mentioned Titan leaf vac:
MACQUEEN EQUIPMENT
N60 W15835 Kohler Lane
Menominee Falls, WI 53051
Total Bid: $67,156.00
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized
and directed to enter into an appropriate agreement for the purpose of same.
Money for this purpose is hereby appropriated from:
Acct. Nos. 03222010 7204 66150 Machinery and Equipment- Leaf Blower
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: May 12, 2023
RE: Amend 2023 CIP and Approve Cooperative Purchase of Leaf Vac from MacQueen
Equipment for Storm Water Utility ($67,156.00)
BACKGROUND
In the 2022 CIP the Common Council allocated $65,000.00 for a new leaf vac to be mounted on a truck
chassis to be used for leaf collection in the fall and construction/road maintenance in the spring and
summer. This memo is to recommend amending the 2023 CIP and to purchase of the leaf vac pursuant
to the cooperative purchase exception of our purchasing ordinance.
ANALYSIS
Purchasing has verified that Global Environmental Products holds the Sourcewell cooperative contract
(#093021-GEP) for Titan leaf vacs. Purchasing has confirmed MacQueen is an authorized local dealer
and service center for the Titan products and is authorized by Global to use their Sourcewell contract.
Using this cooperative contract, the city will save $3,358.00 (5%) off list price for the leaf vac.
FISCAL IMPACT
The 2022 CIP allocated $65,000.00 for this unit. The total fiscal impact of this unit using the cooperative
contract discount is $67,156.00. This purchase will be charged to A/N# 03222010 7204 66150 (Machinery
and Equipment- Leaf Blower). The overage ($2,156.00) will be covered from funds available in 03222010
7204 66021 (Machinery and Equipment- Water Pumps).
RECOMMENDATION
Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative
purchases pursuant to a contract with any other local, state or federal governmental unit or agency may
be made without following a competitive bidding or quotation process. In accordance with Section 12-
15 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common
Council amend the 2023 CIP as noted above and approve this purch ase pursuant to this cooperative
contract to MacQueen Equipment, N60 W15835 Kohler Lane, Menominee Falls, WI 53051 for $67,156.00.
Respectfully Submitted, Approved:
Jon G. Urben, General Services Manager John M. Fitzpatrick, Assistant City Manager
MAY 23, 2023 23-245 RESOLUTION
(CARRIED_7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / OSHKOSH FARMERS MARKET,
INC / UTILIZE 400 & 500 BLOCKS OF MAIN STREET & 100
BLOCK OF CHURCH AVENUE FOR THE OSHKOSH
FARMERS MARKET - DOWNTOWN, JUNE 3 - OCTOBER 28,
2023 (SATURDAYS)
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to Oshkosh Saturday Farmers Market, Inc. (Michelle
Schmid-Schultz) to utilize the 400 & 500 blocks of Main Street & 100 block of Church
Avenue, Saturdays, starting June 3 through October 28, 2023 from 5:00 a.m. to 2:00 p.m.
(actual event time from 8:00 a.m. – 12:30 p.m.) for the Oshkosh Saturday Farmer’s Market,
in accordance with the municipal code and the attached application, with the following
exceptions/conditions:
A.
B.
BE IT FURTHER RESOLVED that as a condition of approval, the Event
Organizer shall pay the City’s actual costs for extraordinary services. Approval of this
request shall not be interpreted as approval to conduct the event during any period of
emergency order or declaration prohibiting such event. Approval of this event shall not
be interpreted to supersede any emergency order or declaration applicable to such
event and all events shall remain subject to all applicable ordinances, orders,
declarations and requirements for public gatherings.
Cost Estimates for Extraordinary Services
Police Department
Staffing $724.68 (preliminary estimate includes 2 dedicated CSO hrs./week)
Equipment / Vehicle Use $353.10 (preliminary estimate includes dedicated use of a
police vehicle one hr./week)
May 23, 2023 23-245 RESOLUTION
CONT’D
Electrical Division
Electrical use $200.00 (preliminary estimate is based on kilowatts used in 2020)
Fire Department
Inspection $134.24 (preliminary estimate to include 2 hrs. for fire inspections)
MAY 23, 2023 23-246 RESOLUTION
(CARRIED 7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / FRIENDS OF THE OSHKOSH
SENIORS CENTER / UTILIZE SOUTH PARK FOR THE FOOD
TRUCK FRIDAY EVENTS, JUNE 9 & AUGUST 11, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to Friends of the Oshkosh Seniors Center (Judy Brewer)
to utilize South Park on Friday, June 9 and August 11, 2023, from 9:00 a.m. to 10:00 p.m.
(actual event time 4:30 p.m. to 8:30 p.m.) for the Food Truck Friday event in accordance
with the municipal code and the attached application, with the following
exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event
Organizer shall pay the City’s actual costs for extraordinary services. Approval of this
request shall not be interpreted as approval to conduct the event during any period of
emergency order or declaration prohibiting such event. Approval of this event shall not
be interpreted to supersede any emergency order or declaration applicable to such
event and all events shall remain subject to all applicable ordinances, orders,
declarations and requirements for public gatherings.
Cost Estimates for Extraordinary Services
Fire Department
Inspections $134.24 (preliminary estimate includes 2 hrs. for fire inspections)
Police Department
Staffing $65.88 (preliminary estimate includes 2 dedicated CSO hrs. for set-up/tear-
down of no parking signs)
MAY 23, 2023 23-246 RESOLUTION
CONT’D
Equipment/Vehicle $64.20 (preliminary estimate includes dedicated use of a police
vehicle for 2 hrs. for the set-up/tear-down of no parking signs)
Supplies $16.50 (preliminary estimate includes use of no parking signs)
MAY 23, 2023 23-247 RESOLUTION
(CARRIED__7-0 _LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / SIMPLY YOGA, LLC / UTILIZE
OPERA HOUSE SQUARE FOR YOGA IN THE PARK, JUNE 10,
JUNE 24, JULY 8, JULY 22, AND AUGUST 12, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to the Simply Yoga, LLC (Stephanie Duwe) to utilize
Opera House Square on Saturdays, June 10, June 24, July 8, July 22, and August 12, 2023
from 8:15 a.m. to 9:45 a.m. (actual event time from 8:30 a.m. to 9:30 a.m.) for Yoga in the
Park in accordance with the municipal code and the attached application, with the
following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event
Organizer shall pay the City’s actual costs for extraordinary services. Approval of this
request shall not be interpreted as approval to conduct the event during any period of
emergency order or declaration prohibiting such event. Approval of this event shall not
be interpreted to supersede any emergency order or declaration applicable to such
event and all events shall remain subject to all applicable ordinances, orders,
declarations and requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
MAY 23, 2023 23-248 RESOLUTION
(CARRIED_7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / LIFE PROMOTIONS / HOLD
LIFEST AT THE SUNNYVIEW EXPOSITION CENTER & TO
UTILIZE WINNEBAGO COUNTY COMMUNITY PARK FOR
LIFEST PARKING AND 5K, JULY 6 - 9, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to Life Promotions, Inc. (John Dougherty) to hold Lifest
at Sunnyview Exposition Center and to utilize Winnebago County Park for Lifest Parking
on Wednesday, July 5 from 8:00 a.m. to 10:30 p.m.; Thursday, July 6 from 8:00 a.m. to 11:00
p.m.; Friday, July 7, from 8:00 a.m. to 11:00 p.m.; Saturday, July 8, from 8:00 a.m. to 11:00
p.m.; and Sunday, July 9, 2023 from 8:00 a.m. to 12:00 p.m.; and to utilize the Winnebago
County Park on Saturday, July 8, 2023 from 7:00 a.m. to 9:00 a.m. for the Lifest 5K in
accordance with the municipal code and the attached application, with the following
exceptions/conditions:
A. An exception to the provisions of 4-24(D)(2)of the City of Oshkosh
Municipal Code is granted to allow amplified music until 11:00
p.m., Thursday, July 6.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer
shall pay the City’s actual costs for extraordinary services. Approval of this request shall
not be interpreted as approval to conduct the event during any period of emergency order
or declaration prohibiting such event. Approval of this event shall not be interpreted to
supersede any emergency order or declaration applicable to such event and all events shall
remain subject to all applicable ordinances, orders, declarations and requirements for
public gatherings.
MAY 23, 2023 23-248 RESOLUTION
CONT’D
Cost Estimates for Extraordinary Services
Police
Staffing $21,871.92 (preliminary estimate includes dedicated staffing of 240 officer hrs.,
39 Supervisor hrs., and 4 CSO hrs.)
Equipment/Vehicle $4,192.80 (preliminary estimate includes 140 dedicated hrs. of police
vehicles, 36 Mobile Command Center hrs. & 18 ATV hrs.)
Supplies/Materials $16.50 (preliminary estimate includes use of no parking signs)
Fire
Inspections $268.48 (preliminary estimate includes 4 hrs. for inspection services)
Streets
Staffing $63.84 (preliminary estimate includes 2 staff hr.)
Equipment/Vehicle $45.98 (preliminary estimate includes use of vehicle to deliver &
pick up barricades)
Supplies/Materials $66 (preliminary estimate includes use of barricades & signs)
THERE ARE NO
ATTACHMENTS
ASSOCIATED
WITH THIS ITEM
MAY 23, 2023 23-250 RESOLUTION
(CARRIED__7-0__LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / JOHN SAKSCHEK / UTILIZE OPERA
HOUSE SQUARE (SUNDIAL AREA) FOR THE FRANKI MOSCATO
– INSPIRATION CELEBRATION SERIES, JULY 29, AUGUST 26, &
SEPTEMBER 30, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to John Sakschek to utilize Opera House Square (sundial
area) on July 29, August 26 and September 30, 2023 from 9:00 a.m. to 1:30 p.m. (actual event
time 10 a.m. – 12:30 p.m.) for the Franki Moscato – Inspiration Celebration series, in
accordance with the municipal code and the attached application, with the following
exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer
shall pay the City’s actual costs for extraordinary services. Approval of this request shall
not be interpreted as approval to conduct the event during any period of emergency order
or declaration prohibiting such event. Approval of this event shall not be interpreted to
supersede any emergency order or declaration applicable to such event and all events
shall remain subject to all applicable ordinances, orders, declarations and requirements
for public gatherings.
Cost Estimates for Extraordinary Services
None
May 23, 2023 23-251 RESOLUTION
(CARRIED___7-0 _LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / FM ENTERTAINMENT / UTILIZE
THE LEACH AMPHITHEATER FOR THE TRAIN CONCERT,
AUGUST 6, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to FM Entertainment (Frank Mastalerz) to utilize the
Leach Amphitheater for the Train concert August 6, 2023; and
WHEREAS, FM Entertainment through their application, has requested that beer
and wine sales at the Train concert be extended to 10:30 p.m.; and
WHEREAS, FM Entertainment has requested to allow amplified sound until 11:30
p.m. 2023 (in case of a delayed start due to weather).
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Oshkosh that approval is granted to FM Entertainment (Frank Mastalerz) to utilize the
Leach Amphitheater Sunday, August 6, 2023 from 4:00 p.m. to 11:30 p.m. for the Train
concert, in accordance with the municipal code and the attached application, with the
following exceptions/conditions:
A. An exception to the provisions of section 4-24(B)(6) of the City of Oshkosh
Municipal Code, to allow the sale of alcoholic beverages after 9:00 p.m. on
the condition that such sales shall cease no later than 10:30 p.m.
B. An exception to the provisions of 19-4(A)(3) of the City of Oshkosh
Municipal Code, to allow amplified music to continue after 10:00 p.m. on the
condition that amplified sound shall cease no later than 11:30 p.m.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer
shall pay the City’s actual costs for extraordinary services. Approval of this request shall
not be
MAY 23, 2023 23-251 RESOLUTION
CONT’D
interpreted as approval to conduct the event during any period of emergency order or
declaration prohibiting such event. Approval of this event shall not be interpreted to
supersede any emergency order or declaration applicable to such event and all events shall
remain subject to all applicable ordinances, orders, declarations and requirements for
public gatherings.
Cost Estimates for Extraordinary Services
Police
Staffing $1,824.18 (preliminary estimate includes dedicated staffing of 14 officer hrs., 7
Supervisor hrs. & 6 CSO hrs.)
MAY 23, 2023 23-252 RESOLUTION
(CARRIED__6-0_____1-PRESENT___LOST____LAID OVER_____WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / SOLUTIONS RECOVERY INC. /
UTILIZE MENOMINEE PARK & CITY STREETS FOR THE
RECOVERY FEST RUN-WALK EVENT, SEPTEMBER 10, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to Solutions Recovery Inc. (Trevor Fenrich) to utilize
Menominee Park & City streets (Evans Street, E. Irving, Hazel St., Merritt Ave., Menominee
Dr., Nevada Ave., Oak St., Fairview St., Swan Dr., E. Murdock, Oaks Trail, and Siewert
Trail) on Saturday, September 10, 2023 from 5:00 a.m. to 1:00 p.m. (actual event time 7:00
a.m. to 1:00 p.m.) for the Recovery Fest Run-Walk event, in accordance with the municipal
code and the attached application, with the following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event
Organizer shall pay the City’s actual costs for extraordinary services. Approval of this
request shall not be interpreted as approval to conduct the event during any period of
emergency order or declaration prohibiting such event. Approval of this event shall not
be interpreted to supersede any emergency order or declaration applicable to such
event and all events shall remain subject to all applicable ordinances, orders,
declarations and requirements for public gatherings.
Cost Estimates for Extraordinary Services
Police Department
Staffing $642.93 (preliminary estimate includes dedicated hours of 24 CSO hrs. and 3
Supervisor hrs.)
Equipment / Vehicles $128.40 (preliminary estimate includes dedicated use of vehicles)
MAY 23, 2023 23-252 RESOLUTION
CONT’D
Supplies/Materials $16.50 (preliminary estimate includes use of No Parking Signs)
Street Department
Staffing $127.68 (preliminary estimate includes 4 dedicated hrs. for barricade and sign
deliver & pick up)
Equipment / Vehicle Use $91.96 (preliminary estimate included 4 hrs. of dedicated use
of truck for delivery and pick up of barricades and signs)
Barricades $220 (preliminary estimate included dedicated use of barricades and signs)
MAY 23, 2023 23-253 RESOLUTION
(CARRIED_7-0__LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE BLOCK PARTY REQUEST / MCHENRY JOHNSON /
UTILIZE CASEY TRAIL OFF OF MOCKINGBIRD WAY TO HOLD
THEIR NEIGHBORHOOD BLOCK PARTY, JULY 15, 2023
INITIATED BY: CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to McHenry Johnson to utilize Casey Trail off of
Mockingbird Way on Saturday, July 15, 2023, from 2:00 p.m. to 10:00 p.m. to hold their
neighborhood block party in accordance with the municipal code and the attached
application, with the following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Or ganizer
shall pay the City’s actual costs for extraordinary services. Approval of this request shall
not be interpreted as approval to conduct the block party during any period of emergency
order or declaration prohibiting such event. Approval of this block party shall not be
interpreted to supersede any emergency order or declaration applicable to such block
parties and all block parties shall remain subject to all applicable ordinances, orders,
declarations and requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
May 23, 2023 23-254 RESOLUTION
(CARRIED LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: REAPPOINTMENTS TO THE FOLLOWING BOARDS AND
COMMISSIONS:
BID BOARD
BOARD OF ZONING APPEALS
BOARD OF REVIEW
DIVERSITY, EQUITY AND INCLUSION COMMITTEE
EXTRATERRITORIAL ZONING COMMITTEE
LANDMARKS COMMISSION
LIBRARY BOARD
PLAN COMMISSION
POLICE AND FIRE COMMISSION
REDEVELOPMENT AUTHORITY
LONG RANGE FINANCE COMMITTEE
INITIATED BY: MAYOR MATT MUGERAUER
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
appointments to the various boards are made by Mayor Matt Mugerauer, as noted above
hereto, and are hereby approved.
Date: May 18, 2023
From: Matt Mugerauer, Mayor
Listed below are the reappointments, to be made by the City Council at the May 23, 2023
Common Council Meeting, to the city’s boards, commissions, committees, and authorities
effective June 1, 2023:
REAPPOINTMENTS
(Reappointments / no applications attached)
BID BOARD
• Jill Anderson Seat 11
• James Evans Seat 5
• Derek Mulloy Alternate
• Barb Nelson Seat 6
• James Stapel Seat 13
BOARD OF ZONING APPEALS
• Dan Carpenter Alternate to Full Seat
• Jeff Armstrong Alternate to Full Seat
BOARD OF REVIEW
• Steve Cummings Alternate to Full Seat
• Thomas Werblow Seat 3
DIVERSITY, EQUITY AND INCLUSION COMMITTEE
• Alex Pischler Alternate
EXTRATERRITORIAL ZONING COMMITTEE
• Kathleen Propp Seat 3
• John Kiefer Alternate to Full Seat
LANDMARKS COMMISSION
• Steve Cummings Seat 2
• Gerald Jacklin Seat 5
LIBRARY BOARD
• William Bracken Seat 4
• Baron Perlman Seat 3
• Amber Shemanski Seat 2
• Kim Brown OASD Superintendent/Proxy
LONG RANGE FINANCE COMMITTEE
• Andrew Kramp Full Seat to Alternate
PLAN COMMISSION
• John Kiefer Seat 6
• Karl Loewenstein Alternate to Full Seat
POLICE AND FIRE COMMISSION
• Ron Montgomery Seat 3
REDEVELOPMENT AUTHORITY
• Archie Stam Seat 6
MAY 23, 2023 23-255 RESOLUTION
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE COMBINATION “CLASS A” LICENSE, CLASS “B”
FERMENTED MALT BEVERAGE, TEMPORARY BEER GARDEN
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:
CLASS “B” FERMENTED MALT BEVERAGE
(MAY 24, 2023 – JUNE 30, 2023)
NAME AND ADDRESS: LOCATION OF PREMISES:
CHARLEY BIGGS……..…….….………………………………………..1429 S. Main St., Oshkosh
Agent: Ken Hyler, W684 Buttercup Ct., Berlin, WI
MAY 23, 2023 23-255 RESOLUTION
CONT’D
COMBINATION “CLASS A” LICENSE
(MAY 24, 2023 – JUNE 30, 2023)
NAME AND ADDRESS: LOCATION OF PREMISES:
JACKSON STREET SHELL……..…….….……………………………….222 Jackson St., Oshkosh
Agent: Devi Adhikari, W6523 Austin Dr., Appleton, WI
TEMPORARY BEER GARDEN
CHRISTINE’S…………………………………………………………………….May 27th & 28th 2023
Person in Charge: Yer Vang 10:00 a.m. – 11:00 p.m.
Liquor License Extension Area: Parking lot that will be fully fenced in with orange fencing.
Parking lot is adjacent to building.
MAY 23, 2023 23-255 RESOLUTION
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE COMBINATION “CLASS A” LICENSE, CLASS “B”
FERMENTED MALT BEVERAGE, TEMPORARY BEER GARDEN,
SPECIAL CLASS “B”
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:
CLASS “B” FERMENTED MALT BEVERAGE
(MAY 24, 2023 – JUNE 30, 2023)
NAME AND ADDRESS: LOCATION OF PREMISES:
CHARLEY BIGGS……..…….….………………………………………..1429 S. Main St., Oshkosh
Agent: Ken Hyler, W684 Buttercup Ct., Berlin, WI
MAY 23, 2023 23-255 RESOLUTION
CONT’D
COMBINATION “CLASS A” LICENSE
(MAY 24, 2023 – JUNE 30, 2023)
NAME AND ADDRESS: LOCATION OF PREMISES:
JACKSON STREET SHELL……..…….….……………………………….222 Jackson St., Oshkosh
Agent: Devi Adhikari, W6523 Austin Dr., Appleton, WI
TEMPORARY BEER GARDEN
CHRISTINE’S…………………………………………………………………….May 27th & 28th 2023
Person in Charge: Yer Vang 10:00 a.m. – 11:00 p.m.
Liquor License Extension Area: Parking lot that will be fully fenced in with orange fencing.
Parking lot is adjacent to building.
SPECIAL CLASS “B” LICENSE
ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION:
Masonic Building Association…………………………………June 9, 2023 – 4:00 p.m. –11:00 p.m.
Person in Charge: Mark Rutkowski
Event Name: ACW Wresting 204 Washington Avenue, Oshkosh, WI
MAY 23, 2023 23-258 ORDINANCE
FIRST READING
(CARRIED__7-0____ LOST_______ LAID OVER_______ WITHDRAWN_______)
PURPOSE: AMEND CHAPTER 2 AND CHAPTER 14 OF THE CITY’S
MUNICIPAL CODE TO IMPLEMENT RECOMMENDATIONS
PERTAINING TO THE CITY’S BOARDS AND COMMISSIONS
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE CITY’S
MUNICIPAL CODE TO REPEAL SECTION 2-39 PERTAINING TO BICYCLE AND
PEDESTRIAN ADVISORY COMMITTEE; REPEAL SECTION 2-57 PERTAINING TO THE
TRAFFIC REVIEW AND ADVISORY BOARD; REPEAL SECTION 2-58 PERTAINING TO
THE TRANSIT ADVISORY BOARD; REPEAL SECTION 2-59.2 PERTAINING TO THE
RENTAL HOUSING ADVISORY BOARD; REPEAL SECTION 2-60 PERTAINING TO THE
STORM WATER UTILITY APPEALS BOARD; CREATE SECTION 2-57 PERTAINING TO
A TRANSPORTATION COMMITTEE; REPEAL SECTION 14-1(a)(88) PERTAINING TO
THE DEFINITION OF STORM WATER UTILITY APPEALS BOARD; AND AMEND
SECTION 14-37(B)(2) AND (3) PERTAINING TO APPEALS TO STORM WATER UTILITY
CHARGES
WHEREAS, the Common Council has reviewed the various boards and
commissions established for the City and directed staff to proceed with immediate
implementation of the recommendations dated April 25, 2023 and adopted by Resolution
23-235 on May 9, 2023 pertaining to the repeal of municipal code provisions pertaining to
the Rental Housing Advisory Board and the Storm Water Utility Appeals Board, and to
consolidate the duties of the Bicycle & Pedestrian Advisory Committee, the Traffic &
Parking Advisory Board and the Transit Advisory Board into a new Transportation
Committee.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That the following sections of the Oshkosh Municipal Code are hereby
repealed:
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
Section 2-39 pertaining to Bicycle and Pedestrian Advisory Committee
Section 2-57 pertaining to Traffic and Parking Advisory Board
Section 2-58 pertaining to Transit Advisory Board
Section 2-59.2 pertaining to Rental Housing Advisory Board
Section 2-60 pertaining to Storm Water Utility Appeals Board
Section 14-1(a)(88) pertaining to the definition of Storm Water Utility Appeals Board
SECTION 2. That Section 2-57 of the Oshkosh Municipal Code is hereby created to
read as follows:
SECTION 2-57 TRANSPORTATION COMMITTEE
(A) Membership and Terms
The Transportation Committee shall be composed of five (5) members. The
Director of Transportation or designee shall serve as the coordinator for the
Committee. The Committee shall be comprised of four (4) citizen members
who shall serve three (3) year terms and one (1) Council Member who shall
serve a one (1) year term.
(B) Functions and Duties
(1) Traffic. The Committee shall study and recommend to the Common
Council on all matters involving vehicular traffic, intersectional traffic flow,
speed limits, pedestrian right of ways, crosswalks, bus stops, school zones,
and bicycle lanes.
(2) Parking
(a) in General.
i. Advise City staff and the Common Council with respect to the goals and
objectives of public parking in the City, as it pertains to the parking areas
under its jurisdiction.
ii. Advise the Common Council on all matters involving the operations of
parking areas under its jurisdiction, including establishment of parking rates,
time limits, availability of and requirements for leased and permit parking.
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
iii. Recommend to the Common Council all matters involving the City’s
inventory of parking infrastructure, including, acquisition and disposition of
land, proposed property improvements, and investments in revenue
collection technology.
iv. Review requests to restrict access to parking areas under its jurisdiction, and
provide recommendations to the Common Council as to whether such
reservations are consistent with the goals and objectives of public parking in
the City.
(b) On Street Parking. The Committee shall study and recommend to the
Common Council on all matters involving on–street parking.
(c) Municipal Parking Lots. The Committee shall study and recommend to the
Common Council on all matters involving off-street parking in the following
municipal parking lots:
i. 300 West Lot, at the southeast corner of the intersection of Algoma
Boulevard and Brown Street and the area on High Avenue bordering the
Grand Opera House to the west
ii. Convention Center North Lot, at the northeast corner of the intersection
of Ceape Avenue and State Street
iii. Grand Lot, between High Avenue and Pearl Avenue, and west of Market
Street
iv. 400 East Lot, at the southwest corner of Jefferson Street and Merritt
Avenue
v. 200 East Lot, at the northwest corner of the intersection of Otter Avenue
and State Street
vi. Otter Lot, on the south side of Otter Avenue between State Street and
Court Street
vii. Convention Center East Lot, on the south side of Ceape Avenue,
bordering the Oshkosh Convention Center on the east
viii. State Lot, on the east side of State Street between Waugoo Avenue and
Washington Avenue
ix. 300 East Lot, at the southwest corner of the intersection of State Street and
Washington Avenue
x. 400 West Lot, on the east side of Division Street between Church Avenue
and Algoma Boulevard
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
xi. 500 West Street Lot, at the northeast corner of Church Avenue and
Division Street
xii. 8th North Lot, on the north side of 8th Avenue, east of Oregon Street
xiii. 9th South Lot, behind the west side of Oregon Street between 9th Avenue
and 10th Avenue
xiv. 10th South Lot, on the south side of 10th Avenue, east of Oregon Street
(d) Private Parking Lots under Municipal Agreements. The Committee shall
study and recommend to the Common Council on all matters involving off-
street parking in the following private parking lots, according to filed
agreements with the respective property owners:
i. City Center Lot, at the southwest corner of Market Street and Pearl
Avenue
ii. 200 West Lot, at the northwest corner of Main Street and Pearl Avenue
iii. Rec Gym Lot, on the west side of Division Street between Church Avenue
and Algoma Boulevard.
(e) Parking Lots not included in Committee’s Authority. The Committee shall
not have jurisdiction over off-street parking areas wholly included in the
boundaries of a municipal park. The Committee shall also not have
jurisdiction over the Leach Lot (adjacent to the Leach Amphitheater, south of
Ceape Avenue and east of Court Street).
The Committee shall not have jurisdiction over parking lots on municipal
property designated to exclusively serve City facilities, including but not
limited to City Hall, the Safety Building and Library.
(3) The Committee shall guide and assist in the implementation of improved
transit service to the City of Oshkosh. The Committee will monitor the level
of transit service provided to ensure an efficient and effective operation.
(4) The Committee will make recommendations on major route, service and/or
fare changes.
(5) Bicycle and Pedestrian Matters
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
The Committee shall:
(a) advise the Common Council with respect to recommendations on
bicycle/pedestrian matters.
(b) assist with developing, implementing, and updating the City’s Bicycle and
Pedestrian Circulation Plan.
(c) coordinate education, encouragement, and outreach activities across City
departments, other government agencies, non-profit organizations, and the
private sector.
(d) make recommendations on capital and maintenance projects to improve
bicycle and pedestrian safety and mobility.
SECTION 3. That Section 14-37(B)(2) and (3) of the Oshkosh Municipal Code are
hereby amended to read as follows:
(B) Rates and Charges.
(2) The decision of the City Manager is final except if the property
owner appeals the decision to the Common Council by filing a written
appeal with the City Clerk no later than thirty (30) calendar days after
the date of mailing the decision of the City Manager. The written appeal
shall specify all grounds for challenge to the City Manager’s decision
and shall state the amount of charge that the appellant considers to be
appropriate. Failure to timely and properly appeal shall deprive the
Council of jurisdiction to hear the appeal.
(a) In considering an appeal, the Council shall determine
whether the Storm Water Utility charge is fair and reasonable
and, in the event the appeal is granted, whether or not a
refund is due the appellant and the amount of the refund. The
Board shall consider the appeal pursuant to its rules for
procedure in existence at the time of consideration. The City
Clerk or designee shall provide written notice no later than
five (5) business days to the address listed within the appeal
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
of the time and place for Council consideration of the appeal.
Council shall base its decision solely upon the information
presented at its meeting. The City Clerk or designee shall
notify the appellant in writing of the Council’s determination
by first class mail addressed to the individual and at the
address listed within the appeal. Service is conclusive upon
mailing.
(3) The decision of the Council is final except if the property
owner appeals the decision to a court of competent jurisdiction.
Such appeal shall be filed no later than thirty (30) calendar days after
the date of mailing the decision of the Council. Such appeal shall be
by writ of certiorari and the reviewing court shall be limited solely
to the record created before the Council. Costs, but not attorney fees,
shall be awarded to the prevailing party, at the sole discretion of the
court.
SECTION 4. That the members of the Committee on Aging, Bicycle and Pedestrian
Advisory Committee, Traffic and Parking Advisory Board, Transit Advisory Board, Rental
Housing Advisory Board, and Storm Water Utility Appeals Board are gratefully thanked
for their service to the City of Oshkosh.
SECTION 5. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 6. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #23-XXX AMEND
CHAPTER 2 AND CHAPTER 14 OF THE CITY’S MUNICIPAL CODE TO IMPLEMENT
RECOMMENDATIONS PERTAINING TO THE CITY’S BOARDS AND COMMISSIONS
(A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE CITY’S
MUNICIPAL CODE TO REPEAL SECTION 2-39 PERTAINING TO BICYCLE AND
PEDESTRIAN ADVISORY COMMITTEE; REPEAL SECTION 2-57 PERTAINING TO THE
TRAFFIC REVIEW AND ADVISORY BOARD; REPEAL SECTION 2-58 PERTAINING TO
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
THE TRANSIT ADVISORY BOARD; REPEAL SECTION 2-59.2 PERTAINING TO THE
RENTAL HOUSING ADVISORY BOARD; REPEAL SECTION 2-60 PERTAINING TO THE
STORM WATER UTILITY APPEALS BOARD; CREATE SECTION 2-57 PERTAINING TO
A TRANSPORTATION COMMITTEE; REPEAL SECTION 14-1(a)(88) PERTAINING TO
THE DEFINITION OF STORM WATER UTILITY APPEALS BOARD; AND AMEND
SECTION 14-37(B)(2) AND (3) PERTAINING TO APPEALS TO STORM WATER UTILITY
CHARGES) on _________________. The ordinance eliminates the Bicycle and Pedestrian
Advisory Committee, Traffic and Parking Advisory Board, Transit Advisory Board, Rental
Housing Advisory Board, and Storm Water Utility Appeals Boards. The ordinance
combines the duties of the former Bicycle and Pedestrian Advisory Committee, Traffic and
Parking Advisory Board, and Transit Advisory Board into a new Transportation
Committee. The ordinance changes the current process for appeals to storm water utility
charges to have appeals from decisions of the Director of Public Works and City Manager
go before the Common Council for resolution.
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.
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
Section 2-39 pertaining to Bicycle and Pedestrian Advisory Committee
Section 2-57 pertaining to Traffic and Parking Advisory Board
Section 2-58 pertaining to Transit Advisory Board
Section 2-59.2 pertaining to Rental Housing Advisory Board
Section 2-60 pertaining to Storm Water Utility Appeals Board
Section 14-1(a)(88) pertaining to the definition of Storm Water Utility Appeals Board
SECTION 2. That Section 2-57 of the Oshkosh Municipal Code is hereby created to
read as follows:
SECTION 2-57 TRANSPORTATION COMMITTEE
(A) Membership and Terms
The Transportation Committee shall be composed of five (5) members. The
Director of Transportation or designee shall serve as the coordinator for the
Committee. The Committee shall be comprised of four (4) citizen members
who shall serve three (3) year terms and one (1) Council Member who shall
serve a one (1) year term.
(B) Functions and Duties
(1) Traffic. The Committee shall study and recommend to the Common
Council on all matters involving vehicular traffic, intersectional traffic flow,
speed limits, pedestrian right of ways, crosswalks, bus stops, school zones,
and bicycle lanes.
(2) Parking
(a) in General.
i. Advise City staff and the Common Council with respect to the goals and
objectives of public parking in the City, as it pertains to the parking areas
under its jurisdiction.
ii. Advise the Common Council on all matters involving the operations of
parking areas under its jurisdiction, including establishment of parking rates,
time limits, availability of and requirements for leased and permit parking.
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
iii. Recommend to the Common Council all matters involving the City’s
inventory of parking infrastructure, including, acquisition and disposition of
land, proposed property improvements, and investments in revenue
collection technology.
iv. Review requests to restrict access to parking areas under its jurisdiction, and
provide recommendations to the Common Council as to whether such
reservations are consistent with the goals and objectives of public parking in
the City.
(b) On Street Parking. The Committee shall study and recommend to the
Common Council on all matters involving on–street parking.
(c) Municipal Parking Lots. The Committee shall study and recommend to the
Common Council on all matters involving off-street parking in the following
municipal parking lots:
i. 300 West Lot, at the southeast corner of the intersection of Algoma
Boulevard and Brown Street and the area on High Avenue bordering the
Grand Opera House to the west
ii. Convention Center North Lot, at the northeast corner of the intersection
of Ceape Avenue and State Street
iii. Grand Lot, between High Avenue and Pearl Avenue, and west of Market
Street
iv. 400 East Lot, at the southwest corner of Jefferson Street and Merritt
Avenue
v. 200 East Lot, at the northwest corner of the intersection of Otter Avenue
and State Street
vi. Otter Lot, on the south side of Otter Avenue between State Street and
Court Street
vii. Convention Center East Lot, on the south side of Ceape Avenue,
bordering the Oshkosh Convention Center on the east
viii. State Lot, on the east side of State Street between Waugoo Avenue and
Washington Avenue
ix. 300 East Lot, at the southwest corner of the intersection of State Street and
Washington Avenue
x. 400 West Lot, on the east side of Division Street between Church Avenue
and Algoma Boulevard
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
xi. 500 West Street Lot, at the northeast corner of Church Avenue and
Division Street
xii. 8th North Lot, on the north side of 8th Avenue, east of Oregon Street
xiii. 9th South Lot, behind the west side of Oregon Street between 9th Avenue
and 10th Avenue
xiv. 10th South Lot, on the south side of 10th Avenue, east of Oregon Street
(d) Private Parking Lots under Municipal Agreements. The Committee shall
study and recommend to the Common Council on all matters involving off-
street parking in the following private parking lots, according to filed
agreements with the respective property owners:
i. City Center Lot, at the southwest corner of Market Street and Pearl
Avenue
ii. 200 West Lot, at the northwest corner of Main Street and Pearl Avenue
iii. Rec Gym Lot, on the west side of Division Street between Church Avenue
and Algoma Boulevard.
(e) Parking Lots not included in Committee’s Authority. The Committee shall
not have jurisdiction over off-street parking areas wholly included in the
boundaries of a municipal park. The Committee shall also not have
jurisdiction over the Leach Lot (adjacent to the Leach Amphitheater, south of
Ceape Avenue and east of Court Street).
The Committee shall not have jurisdiction over parking lots on municipal
property designated to exclusively serve City facilities, including but not
limited to City Hall, the Safety Building and Library.
(3) The Committee shall guide and assist in the implementation of improved
transit service to the City of Oshkosh. The Committee will monitor the level
of transit service provided to ensure an efficient and effective operation.
(4) The Committee will make recommendations on major route, service and/or
fare changes.
(5) Bicycle and Pedestrian Matters
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
The Committee shall:
(a) advise the Common Council with respect to recommendations on
bicycle/pedestrian matters.
(b) assist with developing, implementing, and updating the City’s Bicycle and
Pedestrian Circulation Plan.
(c) coordinate education, encouragement, and outreach activities across City
departments, other government agencies, non-profit organizations, and the
private sector.
(d) make recommendations on capital and maintenance projects to improve
bicycle and pedestrian safety and mobility.
SECTION 3. That Section 14-37(B)(2) and (3) of the Oshkosh Municipal Code are
hereby amended to read as follows:
(B) Rates and Charges.
(2) The decision of the City Manager is final except if the property
owner appeals the decision to the Common Council by filing a written
appeal with the City Clerk no later than thirty (30) calendar days after
the date of mailing the decision of the City Manager. The written appeal
shall specify all grounds for challenge to the City Manager’s decision
and shall state the amount of charge that the appellant considers to be
appropriate. Failure to timely and properly appeal shall deprive the
Council of jurisdiction to hear the appeal.
(a) In considering an appeal, the Council shall determine
whether the Storm Water Utility charge is fair and reasonable
and, in the event the appeal is granted, whether or not a
refund is due the appellant and the amount of the refund. The
Board shall consider the appeal pursuant to its rules for
procedure in existence at the time of consideration. The City
Clerk or designee shall provide written notice no later than
five (5) business days to the address listed within the appeal
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
of the time and place for Council consideration of the appeal.
Council shall base its decision solely upon the information
presented at its meeting. The City Clerk or designee shall
notify the appellant in writing of the Council’s determination
by first class mail addressed to the individual and at the
address listed within the appeal. Service is conclusive upon
mailing.
(3) The decision of the Council is final except if the property
owner appeals the decision to a court of competent jurisdiction.
Such appeal shall be filed no later than thirty (30) calendar days after
the date of mailing the decision of the Council. Such appeal shall be
by writ of certiorari and the reviewing court shall be limited solely
to the record created before the Council. Costs, but not attorney fees,
shall be awarded to the prevailing party, at the sole discretion of the
court.
SECTION 4. That the members of the Committee on Aging, Bicycle and Pedestrian
Advisory Committee, Traffic and Parking Advisory Board, Transit Advisory Board, Rental
Housing Advisory Board, and Storm Water Utility Appeals Board are gratefully thanked
for their service to the City of Oshkosh.
SECTION 5. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 6. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #23-XXX AMEND
CHAPTER 2 AND CHAPTER 14 OF THE CITY’S MUNICIPAL CODE TO IMPLEMENT
RECOMMENDATIONS PERTAINING TO THE CITY’S BOARDS AND COMMISSIONS
(A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE CITY’S
MUNICIPAL CODE TO REPEAL SECTION 2-39 PERTAINING TO BICYCLE AND
PEDESTRIAN ADVISORY COMMITTEE; REPEAL SECTION 2-57 PERTAINING TO THE
TRAFFIC REVIEW AND ADVISORY BOARD; REPEAL SECTION 2-58 PERTAINING TO
MAY 23, 2023 23-258 ORDINANCE
FIRST READING CONT’D
THE TRANSIT ADVISORY BOARD; REPEAL SECTION 2-59.2 PERTAINING TO THE
RENTAL HOUSING ADVISORY BOARD; REPEAL SECTION 2-60 PERTAINING TO THE
STORM WATER UTILITY APPEALS BOARD; CREATE SECTION 2-57 PERTAINING TO
A TRANSPORTATION COMMITTEE; REPEAL SECTION 14-1(a)(88) PERTAINING TO
THE DEFINITION OF STORM WATER UTILITY APPEALS BOARD; AND AMEND
SECTION 14-37(B)(2) AND (3) PERTAINING TO APPEALS TO STORM WATER UTILITY
CHARGES) on _________________. The ordinance eliminates the Bicycle and Pedestrian
Advisory Committee, Traffic and Parking Advisory Board, Transit Advisory Board, Rental
Housing Advisory Board, and Storm Water Utility Appeals Boards. The ordinance
combines the duties of the former Bicycle and Pedestrian Advisory Committee, Traffic and
Parking Advisory Board, and Transit Advisory Board into a new Transportation
Committee. The ordinance changes the current process for appeals to storm water utility
charges to have appeals from decisions of the Director of Public Works and City Manager
go before the Common Council for resolution.
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: May 18, 2023
RE: Amend Chapter 2 and Chapter 14 of the City’s Municipal Code to
Implement Recommendations Pertaining to the City’s Boards and
Commissions
BACKGROUND
The Common Council formed a subcommittee in the Spring of 2023 to review the various
boards and commissions established for the City. That subcommittee prepared a report
dated April 25, 2023 which was reviewed and approved by Council by Resolution 23-235
on May 9, 2023. The Resolution further directed staff to begin with implementation of the
recommendations. In discussion of this item, Council directed staff to proceed with
immediate implementation of the recommendations pertaining to the repeal of municipal
code provisions pertaining to the Rental Housing Advisory Board and the Storm Water
Utility Appeals Board; and to consolidate the duties of the Bicycle & Pedestrian Advisory
Committee, the Traffic & Parking Advisory Board and the Transit Advisory Board into a
new Transportation Committee.
Implementation of the remaining recommendations is planned to occur within the next
months as staff and the boards/committees work through details related to implementation.
ANALYSIS
Pursuant to the direction given by Council the ordinance would eliminate the Bicycle and
Pedestrian Advisory Committee, Traffic and Parking Advisory Board, Transit Advisory
Board, Rental Housing Advisory Board, and Storm Water Utility Appeals Boards.
The ordinance combines the duties of the former Bicycle and Pedestrian Advisory
Committee, Traffic and Parking Advisory Board, and Transit Advisory Board into a new
Transportation Committee comprised of five members including one council liaison,
together with two alternates provided under the general rules for all boards and
commissions.
Finally, the ordinance changes the current process for appeals to storm water utility charges
to have appeals from decisions of the Director of Public Works and City Manager go before
the Common Council for resolution upon elimination of the Storm Water Utility Appeals
Board.
FISCAL IMPACT
Measurement of the fiscal impact of these ordinance changes would be difficult to
estimate. There will be some cost savings from staff time and materials for boards and
commissions that are eliminated as well as administrative efficiencies from the
combination of the transportation-related committees. There have been very few appeals
related to the storm water utility and it is not anticipated that having Council, as opposed
to a board, reviewing those appeals will add additional cost.
RECOMMENDATION
Staff recommends waiving the rules and adoption of the ordinance on first reading to
eliminate confusion related to terms, reappointments and other matters and to allow the
new Transportation Commission to begin work more immediately.
Respectfully Submitted, Approved:
Lynn Lorenson, City Attorney John M. Fitzpatrick,
Assistant City Manager
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
CHAPTER 2
ADMINISTRATION
ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
2-36 RULES, MINUTES, NOTICE AND COMPENSATION
DIVISION 2 BOARDS AND COMMISSIONS
2-37 COMMITTEE ON AGING
2-38 BID BOARD
2-39 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (Created 12/13/11)RESERVED
2-40 RESERVED. (OSHKOSH C.A.N. BOARD – repealed 5/11/04)
2-41 DIVERSITY, EQUITY AND INCLUSION COMMITTEE
2-42 SUSTAINABILITY ADVISORY BOARD (Formerly ENERGY & ENVIRONMENT – repealed
4/14/09)
2-43 FAIR HOUSING COMMISSION
2-44 LONG RANGE FINANCE COMMITTEE
2-45 DELETED RESERVED (ADVISORY GRAND OPERA HOUSE BOARD - 5/22/18)
2-46 RESERVED.
2-47 PUBLIC ARTS ADVISORY COMMITTEE
2-48 LANDMARKS COMMISSION
2-49 LIBRARY BOARD
2-50 REPEALED RESERVED
2-51 ADVISORY PARK BOARD
2-52 PLAN COMMISSION
2-52.1 EXTRATERRITORIAL ZONING COMMITTEE
2-53 BOARD OF POLICE AND FIRE COMMISSIONERS
2-54 PUBLIC MUSEUM BOARD
2-55 BOARD OF PUBLIC WORKS
2-56 BOARD OF REVIEW
2-57 TRAFFIC AND PARKING ADVISORY BOARDTRANSPORTATION COMMITTEE
2-58 TRANSIT ADVISORY BOARDRESERVED
2-59 BOARD OF APPEALS
2-59.2 RENTAL HOUSING ADVISORY BOARD
2-60 RESERVED STORM WATER UTILITY APPEALS BOARD
Commented [LL1]: (Deleted, formerly Bicycle and
Pedestrian Advisory Committee combined into the
Transportation Committee 5/23/2023)
Commented [LL2]: (formerly Oshkosh C.A.N. Board –
repealed 5/11/04)
Commented [LL3]: (Formerly Energy & Environment)
Commented [LL4]: (Deleted Advisory Grand Opera House
Board, repealed - 5/22/18)
Commented [LL5]: (formerly Traffic and Parking Advisory
Board, combined into Transportation Committee 5/23/2023)
Commented [LL6]: (Deleted, combined into the
Transportation Committee 5/23/2023)
Commented [LL7]: (Deleted, formerly Rental Housing
Advisory Board, repealed 5/23/2023)
Commented [LL8]: (Deleted, formerly Storm Water Utility
Appeals Board, repealed 5/23/2023)
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
ARTICLE VI. CITIZENS ADVISORY BOARDS AND COMMISSIONS
DIVISION 1. GENERAL PROVISIONS
SECTION 2-36 RULES, MINUTES, NOTICE AND COMPENSATION
Unless specifically modified elsewhere in this Code, the following provisions shall apply to all boards or
commissions of the City of Oshkosh:
(A) Notwithstanding anything to the contrary contained within this Municipal Code, terms for
citizen members of all advisory boards, commissions and committees, whether enumerated in
this Chapter or elsewhere in this Code, shall begin on June 1 and shall terminate on May 31 of the
respective year; except that the terms for Board of Review shall begin on May 1 and shall
terminate on April 30 of the respective year. Terms for Council members shall begin upon
appointment and shall continue until new appointments are made, but shall terminate
automatically if the person no longer serves on the Council. Terms for individuals appointed by
virtue of the person’s position or title shall begin upon the person taking the position or title and
shall automatically terminate for that individual when that person no longer holds the position
or title.
(B) Except for boards and commissions specifying a particular membership by the person’s position
or title and members of the Library Board and BID Board, all persons appointed to or serving as
a member of a standing board or commission of the City shall be residents of the City of Oshkosh.
A vacancy is created whenever a member who is required under this section to be a resident of
the City of Oshkosh ceases to be a resident of the City of Oshkosh.
(C) Individuals shall serve on no more than two (2) boards or commissions for the City of Oshkosh.
(D) In order to provide continuity, appointments to boards and commissions shall be made upon a
staggered basis so that a proportionate share of each board or commission is initially appointed
for staggered terms and thereafter appointed for full terms.
(E) Boards and commissions shall hold regular meetings at a regular time and place as fixed by the
board or commission. Special meetings may be called by the chairperson upon written notice to
the members. Meetings shall be duly and properly noticed and open to the public as provided
by law.
(F) Boards and commissions shall generally be governed by such rules of order as the Council may
adopt from time to time as may be necessary for the efficient conduct of business. Boards and
commissions may, in addition to those general rules, adopt specific rules for their governance
and procedures as may be appropriate for the conduct of business before the individual board or
commission. The most recent version of Roberts Rules of Order may be used for guidance if a
matter is not addressed within the adopted Rules of Order.
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
(G) Each board and commission shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which shall be immediately filed with
the secretary of the board or commission or with the City Clerk and shall be public records.
Minutes of the meetings shall be forwarded to the City Council.
(H) Each board and commission shall elect from its membership a chairperson who shall preside at
all meetings and a vice chairperson who shall exercise the powers of chairperson in the absence
or disability of the chairperson. Each shall serve one-year terms, until a successor is elected and
qualified.
(I) No compensation shall be paid to any board or commission member for service as such, but
members may be reimbursed for actual and necessary expenses incurred in performing related
duties outside the City if so authorized by the board or commission and approved by the City
Manager.
(J) A majority of the membership shall constitute a quorum. A lesser number may adjourn. A
majority vote of those members present and voting shall be necessary to adopt any motion. In the
event that a board or commission member declines to vote, except as provided below, the
secretary shall record the vote as “present” and that member shall not be counted toward the
number present and shall not have their vote counted as either “aye” or “no” in relation to the
matter. In the event that a board or commission member declines to vote and by declining to
vote, the board or commission member’s declining to vote shall reduce the number present at the
meeting to below a quorum of the board or commission, city staff shall consider the wishes of the
applicant, any statutory or ordinance time limits and any other considerations or limitations with
respect to the particular matter in determining whether to reschedule the matter before the board
or commission for further consideration, forward the matter to Council or take other action as
may be appropriate with regard to the matter.
(K) The Mayor, subject to Council approval, or the chairperson, subject to board or commission
approval, may establish subcommittees for specific purposes as determined by the Council, or
the board or commission. These general provisions shall apply to all subcommittees.
(A) The Mayor, subject to Council approval, may appoint up to two (2) alternates to any board or
commission except the Police and Fire Commission, the Library Board or as otherwise may be
prohibited by law. Without regard to the length of term for other members of the Board or
Commission, the term for each alternate member shall be two (2) years. Alternates shall be
authorized to act in the place of and shall have all authority and responsibility to act as a member
of the board or commission in the absence or upon the recusal of any regular member of the board
or commission.
(B) The Mayor, subject to Council approval, may appoint up to two youth members, defined as
persons between the ages of 15-19, to any board or commission except the Police and Fire
Commission, the Library Board or as otherwise may be prohibited by law. Without regard to the
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
length of term for other members of the board or commission, the term for each youth member
shall be one (1) year, or such other term no longer than one (1) year, as may be specified within
the appointing Resolution (ex. an appointment for a semester or school year). Youth members
shall not be entitled to vote on matters but may participate in the discussion of legislative matters
before the board or commission in the same manner as other board or commission members, but
may not participate as a member of the board or commission in quasi-judicial matters that may
come before the board or commission.
DIVISION 2. BOARDS AND COMMISSIONS
SECTION 2-37 COMMITTEE ON AGING
Membership and Terms
The Oshkosh Committee on Aging shall consist of nine (9) members, one of whom shall be a City
Common Council member serving a one year term. At initial appointment, four members shall be
appointed to a two (2) year term and four (4) members shall be appointed for three (3) year terms.
The Committee’s composition should seek to reflect the diversity of parities interested in, or
professionally engaged in, areas and issues affecting senior citizens, such as but not limited to:
isolation, transportation, programs and services.
The Senior Services Manager or designee shall serve as staff liaison (Committee Coordinator) and shall
not have voting privileges. The Senior Center Office Assistant shall serve as Secretary to this
Committee.
Duties, Purposes and Functions
The Committee shall:
Advise the City Common Council with respect to recommendations on the promotion and
development of Oshkosh with an emphasis on aging services and planning issues.
Assess the needs to of the Aging, determine the resources available, and recommend action for
bridging the gap between needs and resources.
Promote existing community services to meet the needs of the Aging to avoid overlapping and
duplication.
Recommend, if needed, the establishment of services and programs to meet the needs of the Aging.
Appoint sub-committees such as but not limited to: (1) Isolation (2) Transportation; (3) Health; (4)
Housing; (5) Economic Independence; (6) Social Services; and others as determined by the Committee.
Notwithstanding anything to the contrary, not more than 25% of the membership of the entities created
pursuant to subparagraph B (5) above may be non-residents.
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
SECTION 2-38 BID BOARD
(A) Membership and Terms
The Downtown Oshkosh Business Improvement District (BID) Board shall consist of thirteen (13)
members appointed for three (3) year terms. Members shall be of the category necessary to ensure
Board representation stipulated by the annual operating plan.
(B) Duties and Responsibilities
The Board shall develop and implement an annual operating plan for the BID. [Statutory
Reference §66.1109 Wis. Stats.]
SECTION 2-39 RESERVED
SECTION 2-39 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
(A) Membership and Terms
(1) The Committee shall consist of seven (7) members, one of whom shall be a City Council
member. Citizen members shall serve for a term of three (3) years and the council member
shall serve for a term of one (1) year.
(2) The Committee’s composition should seek to reflect the diversity of parties interested in
bicycle and pedestrian mobility issues, such as, but neither limited to nor excluding,
schools and universities, recreational organizations, members of the elderly and disabled
community, and the health community.
(3) The Director of Community Development or designee shall serve as the Committee
Coordinator and shall not have voting privileges.
(B) Functions and Duties
(1) The Committee shall advise the Common Council with respect to recommendations on
bicycle/pedestrian matters with an emphasis on policy and planning issues.
(2) The Committee shall be responsible for developing, implementing, and updating the
City’s Bicycle and Pedestrian Circulation Plan.
(3) The Committee shall coordinate education, encouragement, and outreach activities across
City departments, other government agencies, non-profit organizations, and the private
sector.
(4) The Committee shall make recommendations on capital and maintenance projects to
improve bicycle and pedestrian safety and mobility.
(5) The Committee shall recommend to the Common Council the priorities for expenditures
from the Bicycle Fund.
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(C) Coordination with Other Governmental Units
(1) Any Committee recommendations which require changes in the number and type of
travel lanes or in the availability or duration of on-street parking shall obtain an advisory
review from the Traffic Review Advisory Board.
(2) Any Committee recommendations which involve the Oshkosh Park System shall obtain
an advisory review from the Advisory Parks Board.
(3) Any Committee recommendations which would entail physical changes to the public
right-of-way shall obtain an advisory review from the Board of Public Works.
SECTION 2-40 (RESERVED)
SECTION 2-41 DIVERSITY, EQUITY AND INCLUSION COMMITTEE
(A) Membership and Terms
The Diversity, Equity, and Inclusion Committee shall consist of nine (9) members. Due
consideration shall be given to ensuring membership reflects the gender, racial, LGBTQ,
and ethnic characteristics of the Oshkosh community. Terms of members shall initially
be three (3) members serving staggered one (1), two (2), and three (3) year terms, and
thereafter for three (3) years. Up to two (2) members of the committee may be non-
residents of the City of Oshkosh, in order to achieve greater diversity on the committee
and to offer additional perspective to the committee’s work. One (1) Council member
may serve as a liaison in an ex-officio capacity, with no voting rights and shall not count
towards a quorum. The Director of Administrative Services or their designee shall serve
as coordinator and recording secretary for the Committee.
(B) Responsibility
The Diversity, Equity, and Inclusion Committee shall act as an advisory body to the City
Manager and Common Council in providing comment and support regarding
appropriate strategies to develop activities, resources, and services that promote a
positive community environment of equity and inclusion, and celebrate the diverse
identities of the City of Oshkosh.
(C) Support
The City of Oshkosh shall provide annual membership in and resources from the
Government Alliance on Race and Equity and/or other comparable organizations.
(D) Duties
(1) Serve as a resource, recommend goals, and advise the City Manager and Common
Council on existing and / or proposed city ordinances, program development and
actions, as well as best practices for health, housing and economic mobility, to
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promote community equity and inclusion for all who live, work, and learn in a
diverse Oshkosh.
(2) Facilitate input from all geographic areas of Oshkosh, a broad spectrum of
residents, business leaders, students, and employees from diverse circumstances,
to advance the benefits of community diversity, equity, and inclusion.
(3) To educate the public about diversity, equity, and inclusion. The committee will
implement a public education plan, and actively plan, sponsor, and participate in
events that promote and celebrate diversity.
(4) Within one (1) year of creation, report to the City Manager and Common Council
on goals of the committee and identify (a) 5 – 7 equity performance measures for
each city department developed by each department, and approved by the
Committee (b) additional resources necessary to achieve said goals, (c)
information relative to community diversity, equity and inclusion to share with
the general public and underserved populations, and (d) best practices of
community diversity, equity and inclusion for health, housing and economic
mobility that the city may consider adopting. Thereafter, the Committee shall
annually report to the City Manager and Common Council on specific progress
on, and future goals tied to, department-level equity performance metrics.
Progress on all performance metrics shall be reported in the annual city budget as
part of the regular budget process, and be maintained on a dedicated city website.
SECTION 2-42 SUSTAINABILITY ADVISORY BOARD
(A) Membership and Terms
The Sustainability Advisory Board shall consist of nine (9) members. Terms of members shall be
for three (3) years. The Director of Community Development or their designee shall serve as
coordinator and recording secretary for the Board.
(B) Responsibility
The Sustainability Advisory Board is charged with the responsibility of advising the City
Manager and Common Council on sustainability issues affecting municipal operations and the
community at large.
(C) Duties
(1) Promote sustainability in the community.
(2) Advise the City Manager and Common Council on existing and proposed City
Ordinances and actions and State and Federal regulations pertaining to sustainability.
(3) Facilitate citizen and agency input pertaining to sustainability.
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(4) Collaborate in the development and monitor implementation of a Community
Sustainability Plan.
SECTION 2-43 FAIR HOUSING COMMISSION
(A) Membership and Terms
The Fair Housing Commission shall be comprised of five (5) members, in addition to the Director
of Community Development or designee, who shall be secretary thereof, without vote.
Appointments shall be for three year terms.
(B) Powers and Duties of Commission
The Fair Housing Commission shall be as prescribed in section 16-7 of this Municipal Code.
SECTION 2-44 LONG RANGE FINANCE COMMITTEE
(A) Membership and Terms
The Long Range Finance Committee shall consist of nine (9) members, one (1) of whom shall be
a Common Council Member. Members shall be appointed and serve three year terms, except the
term of the Common Council representative shall be a one (1) year term.
(B) Purpose, Duties and Functions
The Long Range Finance Committee shall have the responsibility to advise the Common Council
on policy issues related to the City’s finances including areas such as policy development,
communications, and the impact of state legislation.
SECTION 2-45 (DELETED)RESERVED
SECTION 2-46 (RESERVED)
SECTION 2-47 RESERVED
SECTION 2-47 PUBLIC ARTS AND BEAUTIFICATION COMMITTEE
(1) Membership and Terms
The Public Arts and Beautification Committee shall be composed of seven (7) voting members
consisting of: Six (6) citizen members and one (1) Council Member. The Director of Community
Development or designee shall serve as coordinator and recording secretary for the Committee.
Citizen members shall serve three (3) year terms. In addition to these voting members, the
Director or his/her designee of the Paine Art Center and Gardens, Oshkosh Public Museum,
Oshkosh Parks Department and Oshkosh Public Library shall be nonvoting ex officio advisory
members of the Committee.
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(2) Terms Defined
(a) Public Art. The term “Public Art” means any Work of Art acquired by the City and
integrated into the design of, or placed or performed in, on or about a place generally
accessible or visible to the general public.
(b) Work of Art. The term “Work of Art” means any application of skill and taste to the
production of tangible objects according to aesthetic principles, including but not limited
to paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages,
mosaics, statues, tapestries, photographs, drawings and ceramics, but excluding purely
structural or supportive elements, advertising, or those required by applicable law, code,
rule or regulation.
(3) Scope of Authority
The committee shall provide assistance for Public Art projects that utilize public funding or are
located on property owned by the City of Oshkosh.
(4) Purpose, Duties, and Functions
The Public Arts Advisory Committee shall have the responsibility to:
1) Promote public art and beautification in the community.
2) Advise the City Manager, Common Council and appropriate boards and commissions
on matters pertaining to public art and beautification.
3) Facilitate community and agency input pertaining to public art and beautification.
4) Advise the Common Council on Gifts or donations of public art pursuant to the City of
Oshkosh Gifts and Donations Policy.
5) Act upon appeals under the City’s mural ordinance.
SECTION 2-48 LANDMARKS COMMISSION
(A) Membership and Terms
The Landmarks Commission shall be composed of no more than seven (7) voting members
consisting of: six (6) citizen members, and one (1) Council Member. The Director of
Community Development or designee shall serve as coordinator and recording secretary for the
Commission. Citizen Members shall serve three (3) year terms. In addition to these voting
members, the Director or his/her designee of the Paine Art Center and Gardens and the Director
or his/her designee of the Oshkosh Public Museum shall be non-voting members of the
Commission.
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(B) Duties, Purposes, and Functions
The Landmarks Commission:
(1) Shall recommend to the City Council those historic sites, structures, and districts which are of
sufficient significance to be classified as landmarks and the criteria under which these were
developed.
(2) May receive and expend funds for the benefit of protecting, supporting or promoting the City's
historic, architectural and cultural heritage.
(3) Shall report to the Oshkosh City Council as requested to review its work program and
expenditures.
(4) Shall foster the protection, enhancement, and perpetuation of historic improvements and of
districts which represent or reflect elements of the City's cultural, social, economic, political and
architectural history.
(5) Shall safeguard and foster civic pride in the City's historic and cultural heritage as embodied
and reflected in landmarks and historic districts.
(6) Shall cooperate with the City administration to provide information on historic resources to be
used to comply with relevant State laws.
(7) Shall implement and regulate the provisions of Article XIV, of Chapter 30 of this Code, Historic
Preservation. [Statutory Reference §62.23(7) (me) Wis. Stats.]
(8) Advise and assist the City Administration and Common Council concerning capital
improvements proposed for the Grand Opera House that may impact the historical significance
of the facility.
(9) Provide recommendations to the Common Council on the use of proceeds from donations made
to the City and deposited with the City Treasurer into a special fund for purposes of
supporting, adding to, or improving the Grand Opera House. All expenditures from said fund
shall be solely for the purpose of adding to or improving the Grand Opera House, and shall be
spent solely with the approval of the Oshkosh City Council.
SECTION 2-49 LIBRARY BOARD
(A) Membership and Terms
The Library Board shall consist of nine (9) members who shall be appointed for three-year terms.
Eight members shall be residents of the City of Oshkosh except that not more than two (2)
members may be residents of towns adjacent to the municipality, who shall be appointed by the
Mayor with the concurrence of the Council. The Superintendent of Schools or his/her
representative shall be an additional member of the Board. Up to five (5) additional members
may be appointed by the County as provided in Sec. 43.60(3) Wis. Stats. [Wisconsin Statutes
Section 43.54]
(B) Duties and Powers
The Library Board supervises the administration of the Library. The Library Board establishes
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all policies governing the management and operation of the Library and the Board has the power
to contract for the extension of Library Services. [Wisconsin Statutes Section 43.52 and 43.58]
(C) Employees
The Library Board shall appoint a librarian, who shall appoint such other assistants and
employees as the Library Board deems necessary, and who prescribes their duties and
compensation. [Wisconsin Statutes Section 43.58]
(D) Budget
The Library Board shall have exclusive control of the expenditure of all moneys collected,
donated, or appropriated for the Library Fund, and of the purchase of a site and the erection of
Library Buildings whenever authorized. The Library Board also shall have exclusive charge,
control and custody of all lands, buildings, money or other property devised, bequeathed, given
or granted to, or otherwise acquired or leased by, the municipality for library purposes.
[Statutory Reference Chapter 43, Wis. Stats.]
SECTION 2-50 REPEALED
SECTION 2-51 ADVISORY PARK BOARD
(A) Membership and Terms
The Advisory Park Board shall consist of nine (9) members, one of whom shall be a City Council
Member. Citizen members shall serve for a term of three (3) years and the council member shall
serve for a term of one (1) year.
(B) Functions
The Advisory Park Board is empowered and directed to:
(1) Advise and assist the City Parks Director, City Administration, Common Council, and
Planning Commission in planning and developing the Oshkosh Park System to include
parks, open spaces, forestry, municipal cemeteries, waterways, and other related areas.
(2) Participate in the development of the Parks Capital Improvement Program and annually
recommend priorities.
(C) Coordination of the Advisory Park Board with other Governmental Units
Prior to acting on the Park Capital Improvements Budget or any Park Acquisition or sale the
Common Council and Planning Commission shall obtain an advisory review from the Park
Board.
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SECTION 2-52 PLAN COMMISSION
(A) Membership and Terms
The City Plan Commission shall consist of one (1) Council person and eight (8) citizens so that
the Commission shall consist of nine (9) members. Citizen members shall be persons of
recognized experience and qualifications. The term of the eight (8) citizen members shall be for a
three (3) year term. The council member shall serve for a term of one (1) year.
(B) Functions and Duties
The functions and duties of the Commission shall be as prescribed in Chapter 30 of this Code and
in Section 62.23 of the Wisconsin Statutes. [Statutory Reference §62.23 Wis. Stats.]
SECTION 2-52.1 EXTRATERRITORIAL ZONING COMMITTEE
(A) Membership and Terms.
The Extraterritorial Zoning Committee shall consist of three (3) citizen members of the Plan
Commission and two (2) alternate citizen members of the Plan Commission.
(B) Functions and Duties.
The functions and duties of the Extraterritorial Zoning Committee shall be as prescribed in
Chapter 30 of this Code and in Section 62.23(7a) of the Wisconsin Statutes as it relates to the Town
of Algoma. [Statutory Reference §62.23(7a)(c) Wis. Stats.]
SECTION 2-53 BOARD OF POLICE AND FIRE COMMISSIONERS
(A) Membership and Terms
The Board of Police and Fire Commissioners shall consist of five (5) citizens who shall be
appointed by the Mayor for a term of five years.
(B) Functions and Duties
The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes,
particularly section 62.13 thereof. [Statutory Reference §62.13 Wis. Stats.]
SECTION 2-54 PUBLIC MUSEUM BOARD
(A) Membership and Terms
The Oshkosh Museum Board shall consist of seven (7) members, each being appointed for a term
of three (3) years. The President of the School Board and the Superintendent of Schools shall be
ex officio members so that the Board shall consist of nine (9) members.
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(B) General Powers
The Museum Board shall have power to manage, control, and operate the Museum through the
establishment of strategic and other plans and the setting of policies related to the care,
maintenance and acquisition/disposal of the Museum and Museum property including
appurtenances, fixtures, furniture and items within exhibits or collections, where such policies
are not inconsistent with the ordinances and policies of the City of Oshkosh.
(C) Acquisition, Disposition, Care and Management of Property
The Board shall have power to accept all gifts, donations, bequests, grants, and devises of or to
direct the purchase of property, both real and personal with funds budgeted for such purposes
or with donated funds, for the enrichment and improvement of the Museum collections and
properties, provided, however, that, before accepting grants, devises, or gifts of or otherwise
acquiring real estate, such acquisition of real estate must be approved by the Common Council.
All books, specimens and other personal property within the museum collections shall be under
the care, management and control of the Board who may provide for the disposition of such
property in accordance with policies which the Board may adopt.
(D) Employees
The Board shall recommend a Director to be appointed by the City Manager to be in active charge
of the Oshkosh Public Museum. Other employees may be employed as deemed necessary for
the proper operation, management, and functioning of the Museum as authorized within the
City’s organizational chart and current city budget. The compensation for the Director and all
employees shall be included in the budget submitted to the City Manager and presented to the
Common Council for approval.
(E) Approval of Annual Budget / Appropriated Funding
The Board shall annually review the budget for the Museum to be submitted to the City Manager
for review and submittal to the Common Council for approval. Funds appropriated to the
Museum by the Common Council shall be used for the purposes appropriated and shall not be
used for any purpose other than for the operation, care and maintenance of the Museum.
(F) Other Revenue
The Board shall have the power to derive additional revenues in proper legal ways which the
members shall from time to time agree upon, to be expended at the direction of the Museum
Board for Museum purposes.
(G) Trust Funds, Monetary Gifts and Contributions
The City Treasurer shall set up accounts on the books as appropriate, for the purpose of
supporting the Oshkosh Public Museum. All gifts or contributions, or the proceeds therefrom in
the form of money shall be deposited by the Museum Board with the City Treasurer and shall be
credited to such funds.
The Museum Board shall have control over the expenditure of all money devised, bequeathed,
given or granted to, or otherwise acquired by the Museum and/or the City for Museum purposes.
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All expenditures from said funds shall be made in accordance with the intent of the donors and
in accordance with the provisions of any trust document or other instrument of gift and made
solely for the purpose of adding to or improving the various collections and exhibits or for the
care, maintenance or improvement of the Museum or Museum property. All disbursements from
such funds, unless otherwise provided by the donor, shall be made solely at the discretion of the
Museum Board without further approval required.
Bonds or securities devised, bequeathed, given or granted to the Museum shall be invested in
accordance with municipal statutes governing the investment of public funds or may be
converted to cash as deemed appropriate by the Director of Finance.
The Museum Board shall have management and control over investments but such trusts or
similar funds established for the benefit of the Museum shall be invested in accordance with the
laws, rules and policies governing the investment of public funds.
(H) Expenditures
Expenditures shall be made consistent with the approved budget and with City ordinances and
City and Museum policies. Capital Expenditures shall require Council approval.
(I) Code of Ethics
The relations between the Museum and the public, between museums, between the Director and
the Museum Board, between the Director and other museum employees, between other museum
employees and the Director, and between museum employees shall be governed in all respects
where possible and practicable by the Code of Ethics of the American Alliance of Museums, and
it shall be the further duty of the Museum Board to enforce said code whenever need for such
enforcement is called to its attention.
SECTION 2-55 BOARD OF PUBLIC WORKS
The duties of the Board of Public Works as set forth in the Wisconsin Statutes, particularly Section 62.14
thereof, shall be exercised by the City Manager. [Statutory Reference §62.14 Wis. Stats.]
SECTION 2-56 BOARD OF REVIEW
(A) Composition
The Board of Review shall consist of five (5) members, each being residents of the City of
Oshkosh, none of whom shall occupy any public office or be publicly employed. Members and
alternates shall serve for five-year terms and shall be appointed by the Mayor with approval of
the Common Council. Alternates shall serve when a member is absent from a hearing or hearings,
or is otherwise unable to participate in a hearing or hearings pursuant to Sec. 70.47(6m), Wis.
Stats. In addition, the City Clerk shall serve as a non-voting member of the Board.
(B) Functions and Duties
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The Board shall have such functions and duties as are prescribed by the Wisconsin Statutes,
particularly Section 70.45 and Section 70.47 thereof. [Statutory Reference §70.46 Wis. Stats.]
(C) Notwithstanding section 2-36(I), each member of the Board of Review shall receive
compensation in the amount to be established from time to time by resolution of the Common
Council for attendance at training sessions; attendance for hearings and other matters when the
Board of Review is in session, including breaks as may be provided; and for time spent in
review of a transcript, recording and/or summary of evidence as provided in section 70.47(9) of
the Wisconsin Statutes, as may be required for a determination by a quorum of the Board.
SECTION 2-57 TRANSPORTATION COMMITTEE
(A) Membership and Terms
The Transportation Committee shall be composed of five (5) members. The Director of
Transportation or designee shall serve as the coordinator for the Committee. The Committee shall
be comprised of four (4) citizen members who shall serve three (3) year terms and one (1) Council
Member who shall serve a one (1) year term.
(B) Functions and Duties
(1) Traffic. The Committee shall study and recommend to the Common Council on all matters
involving vehicular traffic, intersectional traffic flow, speed limits, pedestrian right of ways,
crosswalks, bus stops, school zones, and bicycle lanes.
(2) Parking
(a) in General.
i. Advise City staff and the Common Council with respect to the goals and objectives of
public parking in the City, as it pertains to the parking areas under its jurisdiction.
ii. Advise the Common Council on all matters involving the operations of parking areas
under its jurisdiction, including establishment of parking rates, time limits, availability
of and requirements for leased and permit parking.
iii. Recommend to the Common Council all matters involving the City’s inventory of
parking infrastructure, including, acquisition and disposition of land, proposed
property improvements, and investments in revenue collection technology.
iv. Review requests to restrict access to parking areas under its jurisdiction, and provide
recommendations to the Common Council as to whether such reservations are
consistent with the goals and objectives of public parking in the City.
(b) On Street Parking. The Committee shall study and recommend to the Common Council
on all matters involving on–street parking.
(c) Municipal Parking Lots. The Committee shall study and recommend to the Common
Council on all matters involving off-street parking in the following municipal parking lots:
i. 300 West Lot, at the southeast corner of the intersection of Algoma Boulevard and
Brown Street and the area on High Avenue bordering the Grand Opera House to the
Commented [LL10]: New section combining former
duties assigned to Traffic, Parking, Transit
and Bicycle and Pedestrian committee functions
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west
ii. Convention Center North Lot, at the northeast corner of the intersection of Ceape
Avenue and State Street
iii. Grand Lot, between High Avenue and Pearl Avenue, and west of Market Street
iv. 400 East Lot, at the southwest corner of Jefferson Street and Merritt Avenue
v. 200 East Lot, at the northwest corner of the intersection of Otter Avenue and State Street
vi. Otter Lot, on the south side of Otter Avenue between State Street and Court Street
vii. Convention Center East Lot, on the south side of Ceape Avenue, bordering the Oshkosh
Convention Center on the east
viii. State Lot, on the east side of State Street between Waugoo Avenue and Washington
Avenue
ix. 300 East Lot, at the southwest corner of the intersection of State Street and Washington
Avenue
x. 400 West Lot, on the east side of Division Street between Church Avenue and Algoma
Boulevard
xi. 500 West Street Lot, at the northeast corner of Church Avenue and Division Street
xii. 8th North Lot, on the north side of 8th Avenue, east of Oregon Street
xiii. 9th South Lot, behind the west side of Oregon Street between 9th Avenue and 10th
Avenue
xiv. 10th South Lot, on the south side of 10th Avenue, east of Oregon Street
(d) Private Parking Lots under Municipal Agreements. The Committee shall study and
recommend to the Common Council on all matters involving off-street parking in the
following private parking lots, according to filed agreements with the respective property
owners:
i. City Center Lot, at the southwest corner of Market Street and Pearl Avenue
ii. 200 West Lot, at the northwest corner of Main Street and Pearl Avenue
iii. Rec Gym Lot, on the west side of Division Street between Church Avenue and Algoma
Boulevard.
(e) Parking Lots not included in Committee’s Authority. The Committee shall not have
jurisdiction over off-street parking areas wholly included in the boundaries of a municipal
park. The Committee shall also not have jurisdiction over the Leach Lot (adjacent to the
Leach Amphitheater, south of Ceape Avenue and east of Court Street).
The Committee shall not have jurisdiction over parking lots on municipal property designated
to exclusively serve City facilities, including but not limited to City Hall, the Safety Building
and Library.
(3) The Committee shall guide and assist in the implementation of improved transit service to
the City of Oshkosh. The Committee will monitor the level of transit service provided to
ensure an efficient and effective operation.
(4) The Committee will make recommendations on major route, service and/or fare changes.
Commented [LL11]: New language added to make
recommendations with regard to route, service
and fare changes
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(5) Bicycle and Pedestrian Matters
The Committee shall:
(a) advise the Common Council with respect to recommendations on bicycle/pedestrian
matters.
(b) assist with developing, implementing, and updating the City’s Bicycle and Pedestrian
Circulation Plan.
(c) coordinate education, encouragement, and outreach activities across City departments,
other government agencies, non-profit organizations, and the private sector.
(d) make recommendations on capital and maintenance projects to improve bicycle and
pedestrian safety and mobility.
SECTION 2-57 TRAFFIC AND PARKING ADVISORY BOARD
(A) Membership and Terms
The Traffic and Parking Advisory Board shall be composed of seven (7) members. The Director
of Transportation or designee shall serve as the coordinator for the Board. The Board shall be
comprised of six (6) citizen members who shall serve three (3) year terms and one (1) Council
Member who shall serve a one (1) year term.
(B) Functions and Duties
(1) Traffic. The Board shall study and recommend to the Common Council on all matters
involving vehicular traffic, intersectional traffic flow, speed limits, pedestrian right of ways,
crosswalks, bus stops, school zones, bicycle lanes and snow emergency traffic regulations.
(2) Parking in General.
(a) Advise City staff and the Common Council with respect to the goals and objectives of public
parking in the City, as it pertains to the parking areas under its jurisdiction.
(b) Advise the Common Council on all matters involving the operations of parking areas under
its jurisdiction, including establishment of parking rates, time limits, availability of and
requirements for leased and permit parking.
(c) Recommend to the Common Council all matters involving the City’s inventory of parking
infrastructure, including, acquisition and disposition of land, proposed property
improvements, and investments in revenue collection technology.
(d) Review all requests to restrict access to parking areas under its jurisdiction, and provide
recommendations to the Common Council as to whether such reservations are consistent
with the goals and objectives of public parking in the City.
(3) On Street Parking. The Board shall study and recommend to the Common Council on all
matters involving on–street parking.
(3) Municipal Parking Lots. The Board shall study and recommend to the Common Council on all
matters involving off-street parking in the following municipal parking lots:
(a) 300 West Lot, at the southeast corner of the intersection of Algoma Boulevard and Brown
Street and the area on High Avenue bordering the Grand Opera House to the west
Commented [LL12]: Emphasis on policy and
planning issues deleted by request of staff
Commented [LL13]: Language making committee
responsible replaced with “assist with” per
staff recommendation
Commented [LL14]: Language related to making
recommendations as to expenditures from
Bicycle Fund delated – per staff recommenation
Commented [LL15]: Duties were ombined with
Transit and Bicycle and Pedestrian Committee
into New Transportation Committee in new
section 2-57
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(b) Convention Center North Lot, at the northeast corner of the intersection of Ceape Avenue
and State Street
(c) Grand Lot, between High Avenue and Pearl Avenue, and west of Market Street
(d) 400 East Lot, at the southwest corner of Jefferson Street and Merritt Avenue
(e) 200 East Lot, at the northwest corner of the intersection of Otter Avenue and State Street
(f) Otter Lot, on the south side of Otter Avenue between State Street and Court Street
(g) Convention Center East Lot, on the south side of Ceape Avenue, bordering the Oshkosh
Convention Center on the east
(h) State Lot, on the east side of State Street between Waugoo Avenue and Washington
Avenue
(i) 300 East Lot, at the southwest corner of the intersection of State Street and Washington
Avenue
(j) 400 West Lot, on the east side of Division Street between Church Avenue and Algoma
Boulevard
(k) 500 West Street Lot, at the northeast corner of Church Avenue and Division Street
(l) 8th North Lot, on the north side of 8th Avenue, east of Oregon Street
(m) 9th South Lot, behind the west side of Oregon Street between 9th Avenue and 10th
Avenue
(n) 10th South Lot, on the south side of 10th Avenue, east of Oregon Street
(5) Private Parking Lots under Municipal Agreements. The Board shall study and recommend to
the Common Council on all matters involving off-street parking in the following private
parking lots, according to filed agreements with the respective property owners:
(a) City Center Lot, at the southwest corner of Market Street and Pearl Avenue
(b) 200 West Lot, at the northwest corner of Main Street and Pearl Avenue
(c) Rec Gym Lot, on the west side of Division Street between Church Avenue and Algoma
Boulevard.
(6) Parking Lots not included in Board’s Authority. The Board shall not have jurisdiction over off-
street parking areas wholly included in the boundaries of a municipal park. The Board shall
also not have jurisdiction over the Leach Lot (adjacent to the Leach Amphitheater, south of
Ceape Avenue and east of Court Street).
The Board shall not have jurisdiction over parking lots on municipal property designated to
exclusively serve City facilities, including but not limited to City Hall, the Safety Building and
Library.
SECTION 2-58 TRANSIT ADVISORY BOARD
(A) Membership and Terms
The Transit Advisory Board shall be composed of seven (7) members. The Transportation
Director or designee shall serve as the coordinator for the Board. The Board shall be comprised
of six (6) citizen members who shall serve four (4) year terms and one (1) council member who
shall serve a one (1) year term.
Commented [LL16]: Duties were combined with
Traffic and Parking Advisory Committee and
Bicycle and Pedestrian Committee in new
Section 2-57
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
(B) Duties and Responsibilities
The Transit Advisory Board shall guide and assist in the implementation of improved transit
service to the City of Oshkosh. The Board will monitor the level of transit service provided to
ensure an efficient and effective operation.
SECTION 2-59 BOARD OF APPEALS
(A) Membership and Terms
The Board of Appeals shall consist of five (5) members appointed for a term of three years.
(B) Functions and Duties
The Board of Appeals shall have the duties and powers prescribed in Section 62.23 of the
Wisconsin Statutes and Chapter 30 of this Municipal Code. [Statutory Reference §62.23(7)(e) Wis.
Stats.]
SECTION 2-59.2 RENTAL HOUSING ADVISORY BOARD
(A) Membership and Terms
Membership and Terms The Oshkosh Rental Housing Advisory Board shall consist of seven (7)
members, of which one (1) member shall be a member of the Common Council. Each member
shall serve for a period of three (3) years, except for the Council member, whose term shall be
(1) year.
The Board’s composition should seek to reflect the diverse interests in rental housing conditions,
such as, but not limited to nor excluding landlords, tenants, neighborhood association
representatives, health and safety professionals, real estate agents, and contractors.
(B) Purpose
The Board’s purpose is to advise staff on the creation of rental housing educational materials and
residential rental training programs for landlords and tenants, to review and make
recommendations regarding City policy or changes to municipal code pertaining to rental
housing.
SECTION 2-60 STORM WATER UTILITY APPEALS BOARD
(A) Membership and Terms
The Storm Water Utility Appeals Board shall consist of five (5) members appointed for a term of
three (3) years.
(B) Functions and Duties
City of Oshkosh Municipal Codes
Revised _____/_____/2023
City of Oshkosh Chapter 2 – Municipal Codes
The Board shall provide advice and recommendations to the Council concerning stormwater
utility planning, projects, rates and credits, and shall conduct all appeals, pursuant to Sections 14-
37) of this Code. [Statutory Reference §66.0805 Wis. Stats.]
City of Oshkosh Municipal Code
Revised 05/23/2023
City of Oshkosh Chapter 14 – Page Municipal Code
CHAPTER 14
STORM WATER MANAGEMENT
ARTICLE I: GENERAL PROVISIONS
SECTION 14-1 DEFINITIONS
(A) Unless the context of this Chapter specifically indicates otherwise, the meaning of terms used
herein shall be as follows:
(6) “Board of Public Works” has the meaning as defined in Chapter 2 of the municipal
code.
“Storm Water Utility Appeals Board” has the meaning as described in Chapter 2 of
the municipal code.
SECTION 14-4 RATES AND CHARGES
(D) (1) (c) The customer may be required, at his, her or its own expense, to provide
supplemental information to the administering authority, including but not limited to
survey data approved by a registered land surveyor (R.P.L.S.) and engineering reports
approved by a professional engineer (P.E.) Failure to provide such information within
the time limits established by the Director, as may be reasonably extended, may result
in denial of the request.
(i) Once a completed request and all required information is fully submitted, the
Director shall have thirty (30) calendar days within which to render a written
decision. Concurrent payment of any charges for such requests is not required
as a condition precedent to this request for review.
(ii) The Director’s decision shall be mailed to the address provided on the request
and service shall be complete upon mailing.
(iii) Appeals from the Director’s decisions shall be governed by Section 14-37,
except that no concurrent payment of any fees is required. All appeals must
be in writing and shall specify the grounds for challenging the Director’s
decision. The appeal must specifically address the Director’s conclusions and
shall not merely repeat the bases for the initial request. All appeals shall be
submitted within thirty (30) calendar days after the date of mailing the
Director’s decision. Failure to timely and properly appeal shall deprive the
City Manager of jurisdiction to hear the appeal.
City of Oshkosh Municipal Code
Revised 05/23/2023
City of Oshkosh Chapter 14 – Page Municipal Code
SECTION 14-37 APPEALS
(A) Authority: Board of Public Works.
The Board of Public Works shall hear and decide appeals where it is alleged that there is error in
any order, decision or determination made by the administering authority in administering this
chapter. The board, upon appeal, may authorize variances from the provisions of this chapter
which are not contrary to the public interest and where owing to special conditions a literal
enforcement of the provisions of the chapter will result in unnecessary hardship. The board shall
use the rules, procedures, duties and powers authorized by statute in hearing and deciding
appeals and authorizing variances.
(B) Rates and Charges.
(1) The City of Oshkosh elects not to be subject to the administrative review provisions
contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a
complete and final review procedure: As a condition precedent to challenging any Storm
Water Utility charge, the charge must be timely paid in full under protest to the City. An
appeal shall be to the City Manager and can be undertaken only by filing a written appeal
with the City Clerk concurrent with the date of payment. The written appeal shall specify
all grounds for challenge to the amount of the charge and shall state the amount of charge
that the appellant considers to be appropriate. Failure to timely and properly appeal shall
deprive the city manager of jurisdiction to hear the appeal.
(a) In considering an appeal, the City Manager shall determine whether the Storm
Water Utility charge is fair and reasonable and, in the event the appeal is granted,
whether or not a refund is due the appellant and the amount of the refund. The
City Manager shall conduct a formal or informal hearing at such time and place as
designated in a hearing notice to the appellant, providing five (5) business days
notice to the appellant. The City Manager shall obtain sufficient facts upon which
to make a determination. The decision shall be based upon the evidence
presented. The City Manager shall notify the appellant in writing of the
determination by first class mail addressed to the individual and at the address
listed within the appeal. Service is conclusive upon mailing.
(2) The decision of the City Manager is final except if the property owner appeals the decision
to the Storm Water Utility Appeals BoardCommon Council by filing a written appeal with
the City Clerk no later than thirty (30) calendar days after the date of mailing the decision
of the City Manager. The written appeal shall specify all grounds for challenge to the City
Manager’s decision and shall state the amount of charge that the appellant considers to be
appropriate. Failure to timely and properly appeal shall deprive the Board Council of
jurisdiction to hear the appeal.
(a) In considering an appeal, the Storm Water Utility Appeals BoardCouncil shall
determine whether the Storm Water Utility charge is fair and reasonable and, in
City of Oshkosh Municipal Code
Revised 05/23/2023
City of Oshkosh Chapter 14 – Page Municipal Code
the event the appeal is granted, whether or not a refund is due the appellant and
the amount of the refund. The Board shall consider the appeal pursuant to its rules
for procedure in existence at the time of consideration. The City Clerk or designee
shall provide written notice no later than five (5) business days to the address
listed within the appeal of the time and place of the Board’sfor Council
consideration of the appeal. The BoardCouncil shall base its decision solely upon
the information presented at its meeting. The City Clerk or designee shall notify
the appellant in writing of the Board’s Council’s determination by first class mail
addressed to the individual and at the address listed within the appeal. Service is
conclusive upon mailing.
(3) The decision of the Storm Water Utility Appeals BoardCouncil is final except if the
property owner appeals the decision to a court of competent jurisdiction. Such appeal
shall be filed no later than thirty (30) calendar days after the date of mailing the decision
of the BoardCouncil. Such appeal shall be by writ of certiorari and the reviewing court
shall be limited solely to the record created before the BoardCouncil. Costs, but not
attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court.
(4) If the result of any appeal is that a refund is due the appellant, the refund will be applied
as a credit on the appellant’s next storm water bill.
MAY 23, 2023 23-259 RESOLUTION
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
PURPOSE: CITY SPONSORSHIP OF DRAGON BOAT RACE TEAMS AT THE
DRAGON BOAT RACE FESTIVAL ON SEPTEMBER 16, 2023
INITIATED BY: ADMINISTRATIVE SERVICES
WHEREAS, 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
Committee; and
WHEREAS, the Diversity, Equity and Inclusion Committee’s duties include
implementing a public education plan, and actively planning, sponsoring and
participating in events that promote and celebrate diversity; and
WHEREAS, the Diversity, Equity and Inclusion Committee recommended and the
Common Council approved the sponsorship of the N.E.W. Dragon Boat Race Festival
scheduled to be held at the Oshkosh Leach Amphitheater coverage utilizing the City’s
insurance at no cost to the event holders for the September 16, 2023 N.E.W. Dragon Boat
Race Festival; and
WHEREAS, the Diversity, Equity and Inclusion Committee recommends the City
utilize Unity in Community funds to sponsor dragon boat race teams for the N.E.W.
Dragon Boat Race Festival
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized to utilize Unity in
Community funds to sponsor dragon boat race teams for the N.E.W. Dragon Boat Race
Festival.
TO: Honorable Mayor and Members of the Common Council
FROM: John Fitzpatrick, Assistant City Manager/Director of Administrative Services
DATE: May 18, 2023
RE: Utilize Unity in Community Funds for Sponsorship of Teams for 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
Common Council approved sponsorship of this event through use of the Leach Amphitheater
and coverage utilizing the City’s insurance at no cost to the event holders at the April 11, 2023
Council meeting. The DEI Committee now recommends that the City utilize funds from the
Unity in Community fund to sponsor teams for the Dragon Boat Races. Fees per team are
estimated between $800 and $1200 each.
Staff has reviewed the attached preliminary budget, but has not had the opportunity to conduct
an in-depth review of the revenue streams or anticipated costs associated with the permitting
and logistics of the event. Angie Lee indicated that there is a planning meeting scheduled for
the week of May 22nd where further discussions regarding the scope of the festival will occur
which may result in updates to the budget.
2
FISCAL IMPACT
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 would be approximately
$103,000 with approximately $35,000 needed for rental of the dragon boats. The expected
revenue generated is approximately $147,000. Attached to this memo is a preliminary budget
provided to staff by Ms. Lee.
The Finance Department noted that an outside group may not utilize the cities tax exempt ID
number 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 that the City utilize funds from the
Unity in Community fund to sponsor teams for the Dragon Boat Races.
Please let me know if you have any questions regarding this matter and thank you as always for
your assistance and support.
Respectfully Submitted,
John M. Fitzpatrick
Assistant City Manager /
Director of Administrative Services
Dragon Boat Race Festival
Budget submitted by Angie Lee
May 4, 2023
MAY 23, 2023 23-260 RESOLUTION
(CARRIED__7-0_ _ _LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $6,405,000 AGGREGATE PRINCIPAL AMOUNT OF
GENERAL OBLIGATION CORPORATE PURPOSE BONDS,
SERIES 2023A, OF THE CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN, FOR THE PURPOSE OF COMPLETING
CERTAIN CAPITAL PROJECTS IN AND FOR THE CITY,
PRESCRIBING DETAILS OF SAID BONDS AND THE FORM OF
BOND, AUTHORIZING THE AWARD OF SAID BONDS TO THE
BEST BIDDER THEREFOR, LEVYING TAXES, AND RELATED
MATTERS
INITIATED BY: FINANCE DEPARTMENT
WHEREAS, the City of Oshkosh, Winnebago County, Wisconsin (the “City”), is a duly
organized and existing municipality incorporated and existing under the provisions of the laws of
the State of Wisconsin (the “State”); and
WHEREAS, cities are authorized by the provisions of Chapter 67, Wisconsin Statutes, as
supplemented and amended (the “Statute”), to issue bonds for any public purpose; and
WHEREAS, the term “public purpose” is defined in the Statute as “the performance of any
power or duty of the issuing municipality;” and
WHEREAS, by initial resolution duly adopted by the Common Council of the City (the
“Common Council”) on April 25, 2023 (the “Initial Resolutions”), authorized to be issued not to
exceed $6,405,000 general obligation bonds of the City for the following projects:
$1,355,000 for street improvements (the “Street Projects”);
$3,095,000 for construction of police facilities (the “Police
Projects”);
$785,000 for fire engines and other equipment of the fire department
and for construction of engine houses, and for pumps, water mains,
reservoirs and all of the reasonable facilities for fire protection,
apparatus or equipment for fire protection (the “Fire Protection
Projects”);
$560,000 for acquiring, constructing and improving libraries (the
“Library Projects”); and
$610,000 for parking lots and other parking facilities (the “Parking
Projects” and, together with the Street Projects, Police Projects, Fire
Protection Projects and Library Projects, the “Projects”).
WHEREAS, the City now wishes to finance all or a portion of the Projects, each of which
constitutes a public purpose under the laws of the State; and
WHEREAS, official notice of the adoption of the Initial Resolution was published on May 1,
2023, in the Oshkosh Northwestern; and
WHEREAS, provided that no petition (a “Petition”) numbering at least ten percent (10%)
of the votes cast for governor in the City at the last general election requesting that the Initial
Resolution be submitted to the electors of the City is filed with the City Clerk of the City (the
“City Clerk”) before 4:00 o’clock P.M. on May 25, 2023 (the “Expiration of the Petition Period”),
the City will be authorized to issue its general obligation bonds for the purposes set forth in the
Initial Resolutions; and
WHEREAS, no Petition has been filed with the City Clerk as of the date hereof; and
WHEREAS, it is now necessary and desirable by the Common Council that the City be
authorized, pending the Expiration of the Petition Period without submission of a qualifying
Petition, to borrow not to exceed $6,405,000 for the Projects and in the respective amounts set
forth in the Initial Resolutions and issue its General Obligation Corporate Purpose Bonds, Series
2023A (the “Bonds”) to evidence the indebtedness thereby incurred; and
WHEREAS, it is further necessary to authorize the advertisement and sale of the Bonds:
NOW, THEREFORE, Be It Resolved by the Common Council of the City of Oshkosh,
Winnebago County, Wisconsin, as follows:
Section 1. Incorporation of Preambles. The Common Council hereby find that all of
the recitals contained in the preambles to this Resolution are full, true and correct and do
incorporate them into this Resolution by this reference.
Section 2. Authorization. The issuance of not to exceed $6,405,000 aggregate principal
amount of the Bonds is hereby authorized for the purpose of providing funds in an amount
sufficient to finance the Projects, as set out in the preambles to this Resolution, provided, however,
that the Bonds may not be sold until the Expiration of the Petition Period has occurred without the
filing of a qualifying Petition with the City Clerk, as shall be certified in the Bond Notification (as
hereinafter defined).
For the purpose of financing the costs of the Projects, there shall be issued the Bonds of
the City in an aggregate principal amount not to exceed $6,405,000. The Bonds, if issued, shall
be designated “General Obligation Corporate Purpose Bonds, Series 2023A” with such other series
designations and descriptions as shall be necessary to identify the Bonds as set forth in the Bond
Notification. The Bonds may be issued in one or more series, shall be dated the date of the issuance
thereof as set forth in the Bond Notification, and shall also bear the date of authentication by the
bond registrar and paying agent (the same being the City Treasurer of the City, the Purchaser, or a
bank or trust company authorized to do business in the State as set forth in the Bond Notification)
(the “Registrar”), shall be in fully registered form, shall be of $5,000 denominations each or any
integral multiple thereof (but no single Bond shall represent installments of principal maturing on
more than one date), or such other denominations as set forth in the Bond Notification; and shall
be lettered R and numbered consecutively starting with the number one. The Bonds shall become
due and payable serially or be subject to mandatory redemption (subject to option of prior
redemption as hereinafter set forth) on June 1 of each of the years (not later than 2043), in the
amounts and bearing interest at the rates per annum as set forth in the Bond Notification, provided,
however, that (i) the maximum annual debt service due on the Bonds in any year may not exceed
$600,000, and (ii) the true interest cost of the Bonds may not exceed 5.00%. Any series of the
Bonds may be issued as taxable bonds, such that the interest thereon shall be includible in gross
income of the owners thereof for federal income tax purposes (the “Taxable Bonds”) or as tax-
exempt bonds, such that the interest thereon shall be excludable from gross income of the owners
thereof for federal income tax purposes (the “Tax-Exempt Bonds”), if so authorized under the
Internal Revenue Code of 1986, as amended (the “Code”), all as set forth in the Bond Notification
for such series of the Bonds.
Section 3. Interest; Payment Provisions. The Bonds shall bear interest from their date
or from the most recent interest payment date to which interest has been paid or duly provided for,
at the interest rates set out above, such interest (computed upon the basis of a 360-day year
consisting of twelve 30-day months) being payable on June 1 and December 1 of each year,
commencing on the date set forth in the Bond Notification. Interest on each Bond shall be paid by
check or draft of the Registrar to the person or entity in whose name such Bond is registered at the
close of business on the fifteenth day of the calendar month immediately preceding the applicable
interest payment date. The principal of each Bond shall be payable in lawful money of the United
States of America only upon presentation and surrender of such Bond at the designated office of
the Registrar.
Section 4. Execution; Authentication. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the City Manager of the City and with the manual or
facsimile signature of the City Clerk of the City, and sealed with the official seal of the City or a
printed facsimile of said seal. In case any officer whose signature shall appear on any Bond shall
cease to be such officer before the delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. The Bonds may be prepared in printed or typewritten form.
All Bonds shall have thereon a certificate of authentication substantially in the form
hereinafter set forth duly executed by the Registrar as authenticating agent of the City and showing
the date of authentication of the Bonds. No Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit under this Resolution unless and until such certificate of
authentication shall have been duly executed by the Registrar by manual signature, and such
certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has
been authenticated and delivered under this Resolution. The certificate of authentication on any
Bond shall be deemed to have been executed by the Registrar if signed by an authorized officer of
the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication
on all of the Bonds issued under this Resolution.
Section 5. Registration of Bonds; Persons Treated as Owners. (a) The City shall cause
books (the “Bond Register”) for the registration and for the transfer of the Bonds as provided in
this Resolution to be kept at the designated office of the Registrar, which is hereby constituted and
appointed the registrar of the City with respect to the Bonds herein authorized. The City is
authorized to prepare, and the Registrar shall keep custody of, multiple Bond blanks executed by
the City for use in the transfer and exchange of Bonds.
Upon surrender for transfer of any Bond at the principal corporate trust office of the
Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in
form satisfactory to the Registrar and duly executed by, the registered owner or his or her attorney
duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and
deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the
same maturity of authorized denominations, for a like aggregate principal amount. Any fully
registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate
principal amount of Bond or Bonds of the same maturity of other authorized denominations. The
execution by the City of any fully registered Bond shall constitute full and due authorization of
such Bond and the Registrar shall thereby be authorized to authenticate, date and deliver such
Bond, provided, however, the principal amount of outstanding Bonds of each maturity
authenticated by the Registrar shall not exceed the authorized principal amount of Bonds for such
maturity less previous retirements.
The Registrar shall not be required to transfer or exchange any Bond during the period
beginning at the close of business on the 15th day of the month next preceding any interest
payment date on such Bond and ending at the opening of business on such interest payment date,
nor to transfer or exchange any Bond after notice calling such Bond for redemption has been
mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption
of any Bonds.
The person in whose name any Bond shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond
shall be made only to or upon the order of the registered owner thereof or his or her legal
representative. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Bonds, but the City or the
Registrar may require payment of a sum sufficient to cover any tax or other governmental charge
that may be imposed in connection with any transfer or exchange of Bonds except in the case of
the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption.
(b) Global Book-Entry System. The Bonds shall be initially issued in the form of a
separate single fully registered Bond for each of the maturities of the Bonds determined as
described in Section 2 hereof. Unless otherwise requested by any Purchaser, upon initial issuance,
the ownership of each such Bond shall be registered in the Bond Register in the name of Cede &
Co., or any successor thereto (“Cede”), as nominee of The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). All of the outstanding Bonds shall be
registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter
provided. The Mayor, the City Manager, the Treasurer, the Director of Finance and any other
business official of the City and the Registrar are each authorized to execute and deliver, on behalf
of the City, such letters to or agreements with DTC as shall be necessary to effectuate such book-
entry system (any such letter or agreement being referred to herein as the “Representation Letter”),
which Representation Letter may provide for the payment of principal of or interest on the Bonds
by wire transfer.
With respect to Bonds registered in the Bond Register in the name of Cede, as nominee of
DTC, the City and the Registrar shall have no responsibility or obligation to any broker-dealer,
bank or other financial institution for which DTC holds Bonds from time to time as securities
depository (each such broker-dealer, bank or other financial institution being referred to herein as
a “DTC Participant”) or to any person on behalf of whom such a DTC Participant holds an interest
in the Bonds. Without limiting the immediately preceding sentence, the City and the Registrar
shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC,
Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery
to any DTC Participant or any other person, other than a registered owner of a Bond as shown in
the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or
(iii) the payment to any DTC Participant or any other person, other than a registered owner of a
Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on
the Bonds. The City and the Registrar may treat and consider the person in whose name each
Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the
purpose of payment of principal and interest with respect to such Bond, for the purpose of giving
notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the respective registered
owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized
in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
City’s obligations with respect to payment of the principal of and interest on the Bonds to the
extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown
in the Bond Register, shall receive a Bond evidencing the obligation of the City to make payments
of principal and interest with respect to any Bond. Upon delivery by DTC to the Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede,
and subject to the provisions in Section 3 hereof with respect to the payment of interest to the
registered owners of Bonds at the close of business on the 15th day of the month next preceding
the applicable interest payment date, the name “Cede” in this resolution shall refer to such new
nominee of DTC.
In the event that (i) the City determines that DTC is incapable of discharging its
responsibilities described herein and in the Representation Letter, (ii) the agreement among the
City, the Registrar and DTC evidenced by the Representation Letter shall be terminated for any
reason or (iii) the City determines that it is in the best interests of the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC
Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer
be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At
that time, the City may determine that the Bonds shall be registered in the name of and deposited
with such other depository operating a universal book-entry system, as may be acceptable to the
City, or such depository’s agent or designee, and if the City does not select such alternate universal
book-entry system, then the Bonds may be registered in whatever name or names registered owners
of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of
Section 5(a) hereof.
Notwithstanding any other provisions of this resolution to the contrary, so long as any Bond
is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of
and interest on such Bond and all notices with respect to such Bond shall be made and given,
respectively, in the name provided in the Representation Letter.
Section 6. Redemption. (a) Optional Redemption. All or a portion of the Bonds of any
series, if any, due on and after the date, if any, specified in the Bond Notification shall be subject
to redemption prior to maturity at the option of the City from any available funds, as a whole or in
part, and if in part in integral multiples of $5,000 in any order of their maturity as determined by
the City (less than all of the Bonds of a single maturity to be selected by the Registrar), on the date
specified in the Bond Notification, if any, and on any date thereafter, at the redemption price of
par plus accrued interest to the date fixed for redemption.
(b) Mandatory Redemption. The Bonds maturing on the date or dates, if any, indicated
in the Bond Notification for any series of the Bonds are subject to mandatory redemption, in
integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus
accrued interest to the redemption date for the Bonds, on June 1 of the years, if any, and in the
principal amounts, if any, as indicated in such Bond Notification.
The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced
through the earlier optional redemption thereof, with any partial optional redemptions of such
Bonds credited against future mandatory redemption requirements in such order of the mandatory
redemption dates as the City may determine. In addition, on or prior to the 60th day preceding
any mandatory redemption date, the Registrar may, and if directed by the Common Council shall,
purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so
purchased shall be cancelled and the principal amount thereof shall be credited against the
mandatory redemption required on such next mandatory redemption date.
(c) General. The Bonds shall be redeemed only in the principal amount of $5,000 and
integral multiples thereof. The City shall, at least forty-five (45) days prior to any optional
redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the
Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds
to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a
single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot
by the Registrar from the Bonds of such maturity by such method of lottery as the Registrar shall
deem fair and appropriate; provided that such lottery shall provide for the selection for redemption
of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely
to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Registrar shall
make such selection upon the earlier of the irrevocable deposit of funds with an escrow agent
sufficient to pay the redemption price of the Bonds to be redeemed or the time of the giving of
official notice of redemption.
The Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds
selected for redemption and, in the case of any Bond selected for partial redemption, the principal
amount thereof to be redeemed.
Section 7. Redemption Procedure. Unless waived by any holder of Bonds to be
redeemed, notice of the call for any such redemption shall be given by the Registrar on behalf of
the City by mailing the redemption notice by first class mail at least thirty (30) days and not more
than sixty (60) days prior to the date fixed for redemption to the registered owner of the Bond or
Bonds to be redeemed at the address shown on the Bond Register or at such other address as is
furnished in writing by such registered owner to the Registrar.
All notices of redemption shall state:
(1) the date fixed for redemption,
(2) the redemption price,
(3) if less than all outstanding Bonds are to be redeemed, the identification,
including CUSIP numbers (and, in the case of any partial redemption, the respective
principal amounts) of the Bonds to be redeemed,
(4) that on the date fixed for redemption the redemption price will become due
and payable upon each such Bond or portion thereof called for redemption, and that interest
thereon shall cease to accrue from and after said date, and
(5) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the designated office of the Registrar.
Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed at the
option of the City shall have been received by the Registrar prior to the giving of such notice of
redemption, such notice may, at the option of the City, state that said redemption shall be
conditional upon the receipt of such moneys by the Registrar on or prior to the date fixed for
redemption. If such moneys are not received, such notice shall be of no force and effect, the City
shall not redeem such Bonds, and the Registrar shall give notice, in the same manner in which the
notice of redemption shall have been given, that such moneys were not so received and that such
Bonds will not be redeemed. Otherwise, prior to any redemption date, the City shall deposit with
the Registrar an amount of money sufficient to pay the redemption price of all the Bonds or
portions of Bonds which are to be redeemed on that date.
Subject to the provisions for a conditional redemption described above, notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the City shall default in the payment of the redemption price)
such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for
redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the
redemption price. Installments of interest due on or prior to the redemption date shall be payable
as herein provided for payment of interest. Upon surrender for any partial redemption of any
Bond, there shall be prepared for the registered holder a new Bond or Bonds of the same maturity
in the amount of the unpaid principal.
If any Bond or portion of Bond called for redemption shall not be so paid upon surrender
thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the
rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been
redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued.
Section 8. Form of Bonds. The Bonds, the certificate of authentication to be endorsed
thereon and the form of assignment to be endorsed thereon are all to be in substantially the
following forms with necessary and appropriate variations, omissions and insertions as permitted
or required by this Resolution:
No. R-__________ $__________
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF WISCONSIN
COUNTY OF WINNEBAGO
CITY OF OSHKOSH
GENERAL OBLIGATION CORPORATE PURPOSE BOND
SERIES 2023A
RATE OF
INTEREST MATURITY DATE DATED DATE CUSIP NUMBER
_____% ______________________, 2023 __________
Registered Owner: CEDE & CO.
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh in the County of
Winnebago and the State of Wisconsin (the “City”), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner hereinabove identified, or registered
assigns as hereinafter provided, on the Maturity Date hereinabove identified, the Principal Amount
hereinabove identified and to pay interest (computed on the basis of a 360-day year consisting of
twelve 30-day months) on such Principal Amount from the Dated Date hereinabove identified or
from the most recent interest payment date to which interest has been paid at the Rate of Interest
per annum hereinabove identified on June 1 and December 1 of each year, commencing on
________, 20__, until said Principal Amount is paid, except as the provisions hereinafter set forth
with respect to redemption prior to maturity may be and become applicable to this Bond.
The principal of this Bond is payable in lawful money of the United States of America only
upon presentation and surrender of this Bond at the designated office of _____________________,
as registrar and paying agent, or any successor thereto (the “Registrar”). Payment of each
installment of interest hereon shall be made to the Registered Owner hereof who shall appear on
the registration books of the City maintained by the Registrar at the close of business on the
fifteenth day of the calendar month immediately preceding the applicable interest payment date,
and shall be paid by check or draft of the Registrar mailed to such Registered Owner at his address
as it appears on such registration books or at such other address as may be furnished in writing by
such Registered Owner to the Registrar.
This Bond is one of an authorized issue of General Obligation Corporate Purpose Bonds,
Series 2023A, aggregating the principal amount of $___________ (the “Bonds”) issued for the
following public purposes:
$___________ for street improvements;
$___________ for construction of police facilities;
$___________ for fire engines and other equipment of the fire
department and for construction of engine houses, and for pumps,
water mains, reservoirs and all of the reasonable facilities for fire
protection, apparatus or equipment for fire protection;
$___________ for acquiring, constructing and improving libraries;
$___________ for parking lots and other parking facilities;
pursuant to and in all respects in compliance with Chapter 67, Wisconsin Statutes, as supplemented
and amended and a resolution adopted by the Common Council of the City on May 23, 2023 (as
supplemented by a notification of sale, the “Resolution”).
[Optional and Mandatory Redemption Provisions to be inserted as applicable].
Notice of any intended redemption shall be sent by first class mail, postage prepaid, not
less than thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption
to the registered owner of each Bond to be redeemed (in whole or in part) at the address shown on
the registration books of the City maintained by the Registrar or at such other address as is
furnished in writing by such registered owner to the Registrar. Such notice of optional redemption
may be conditional as provided in the Resolution. When so called for redemption, this Bond, or
the portion hereof being so called for redemption, will cease to bear interest on the specified
redemption date, provided funds for redemption are on deposit at the place of payment on that
date, and shall not be deemed to be outstanding.
This Bond is transferable by the Registered Owner hereof in person or by his attorney duly
authorized in writing at the designated office of the Registrar, but only in the manner, subject to
the limitations and upon payment of the charges provided in the Resolution, and upon surrender
and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and
interest rate of authorized denomination or denominations and for a like aggregate principal
amount will be issued to the transferee in exchange for this Bond.
The Bonds are issuable in fully registered form in denominations of $5,000 each and
integral multiples thereof. This Bond may be exchanged at the designated office of the Registrar
for a like aggregate principal amount of Bonds of the same maturity and interest rate of other
authorized denominations, upon the terms set forth in the Resolution.
The City and the Registrar may deem and treat the registered owner hereof as the absolute
owner hereof for the purpose of receiving payment of or on account of principal hereof and interest
due hereon and for all other purposes, and neither the City nor the Registrar shall be affected by
any notice to the contrary.
It is hereby certified, recited and declared that all acts, conditions and things required to be
done, exist, happen and be performed precedent to and in the issuance of this Bond have been
done, have existed, have happened and have been performed in due time, form and manner as
required by the Constitution and the laws of the State of Wisconsin; that this Bond, together with
all other indebtedness of the City, does not exceed any limitation prescribed by law; and that the
City has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls
due and also to pay and discharge the principal hereof at maturity.
The full faith, credit and resources of the City are hereby pledged for the payment of the
principal of and interest on this Bond and the issue of which it is a part as the same respectively
become due and for the levy and collection of sufficient taxes for that purpose.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF the City of Oshkosh, Winnebago County, Wisconsin, by its
Common Council, has caused this Bond to be executed with the duly authorized manual or
facsimile signature of its City Manager and with the duly authorized manual or facsimile signature
of its City Clerk, and its official seal or a facsimile thereof to be impressed or reproduced hereon,
as of the Dated Date hereinabove identified.
________________________________
City Clerk City Manager
[SEAL]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within mentioned Resolution, and is one of
the General Obligation Corporate Purpose Bonds, Series 2023A, of the City of Oshkosh,
Winnebago County, Wisconsin.
Date of Authentication: _____________________
_________________________
By _______________________________
Authorized Signatory
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM- as tenants in common UNIF GIFT/TRANS MIN ACT-
_________Custodian _________
(Cust) (Minor)
TEN ENT- as tenants by the entirety under Uniform Gifts/Transfers to Minors
JT TEN- as joint tenants with right of
survivorship and not as
tenants in common
Act___________________________
(State)
Additional abbreviations may also be used though not listed above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
______________________________________________________________________________
(Name and Address of Assignee)
the within Bond, and does hereby irrevocably constitute and appoint _______________________
_____________________________________________________, or its successor as Registrar, to transfer the said
Bond on the books kept for registration thereof with full power of substitution in the premises.
Dated: _________________________
________________________________________________
NOTICE: The signature to this Assignment must correspond with the name of the registered
owner as it appears upon the face of the within Bond in every particular, without
alteration or enlargement or any change whatever.
Signature guaranteed: ____________________________
NOTICE: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the
requirements of the Registrar, which requirements include membership or
participation in STAMP or such other “signature guaranty program” as may be
determined by the Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
Section 9. Sale of Bonds. The City Manager and the Finance Director of the City (the
“Designated Representatives”) are hereby authorized to proceed not later than the 23rd day of
November, 2023, without any further authorization or direction from the Council, to sell the Bonds
upon the terms prescribed in this Resolution. The Bonds hereby authorized shall be executed as
in this Resolution provided as soon after the delivery of the Bond Notification as may be, and
thereupon be deposited with the City Treasurer, and, after authentication thereof by the Bond
Registrar, be by said City Treasurer delivered to the purchaser or purchasers thereof (each, a
“Purchaser”) upon receipt of the purchase price therefor, the same being not less than 98.75% of
the principal amount of the Bonds (exclusive of original issue discount) on a series by series basis.
The Purchaser or Purchasers for the Bonds shall be the best bidder for the Bonds at a competitive
sale conducted by Ehlers & Associates, Inc.
Prior to the sale of the Bonds, the Mayor, City Manager, City Treasurer or any other
business official of the City is hereby authorized to approve and execute a commitment for the
purchase of a Municipal Bond Insurance Policy (as hereinafter defined), to further secure the
Bonds, as long as the present value of the fee to be paid for the Municipal Bond Insurance Policy
(using as a discount rate the expected yield on the Bonds treating the fee paid as interest on the
Bonds) is less than the present value of the interest reasonably expected to be saved on the Bonds
over the term of the Bonds as a result of the Municipal Bond Insurance Policy.
Upon the sale of the Bonds, the Designated Representatives shall prepare a Notification of
Sale, which shall include the pertinent details of sale as provided herein (the “Bond Notification”).
In the Bond Notification, the Designated Representatives shall find and determine that the Bonds
have been sold at such price and shall have the terms as set forth therein. The Bond Notification
shall be entered into the records of the City and made available to the Common Council at the next
regular meeting thereof; but such action shall be for information purposes only, and the Common
Council shall have no right or authority at such time to approve or reject such sale as evidenced in
the Bond Notification.
Upon the sale of the Bonds, as evidenced by the execution and delivery of the Bond
Notification by the Designated Representatives, the Mayor, City Clerk, City Manager, City
Treasurer and any other officer of the City, as shall be appropriate, shall be and are hereby
authorized and directed to approve or execute, or both, such documents of sale of the Bonds as
may be necessary, including, without limitation, the contract for the sale of the Bonds between the
City and the Purchaser (the “Purchase Contract”), which may be evidenced by an executed bid
form, term sheet or other document requested by a Purchaser.
The use by the Purchaser of any Preliminary Official Statement and any final Official
Statement relating to the Bonds (the “Official Statement”) is hereby ratified, approved and
authorized; the execution and delivery of the Official Statement is hereby authorized; and the
officers of the Common Council are hereby authorized to take any action as may be required on
the part of the City to consummate the transactions contemplated by the Purchase Contract, this
Resolution, said Preliminary Official Statement, the Official Statement and the Bonds. The City
is authorized to advertise for the sale of the Bonds in any newspaper as the City shall determine.
Section 10. Tax Levy. In order to provide for the collection of a direct annual tax
sufficient to pay the interest on the Bonds and to pay and discharge the principal thereof at
maturity, there is hereby levied upon all the taxable property in the City of Oshkosh, Winnebago
County, Wisconsin, a direct annual tax in amounts sufficient for that purpose, and there is hereby
levied upon all taxable property in the City a direct annual tax in each of the years 2023 through
2042 equal to the final schedule of principal and interest due on the Bonds, which schedule shall
be established following the sale of the Bonds and shall be set forth in the Bond Notification,
provided, however, that the direct annual tax levied herein may not exceed $600,000 in any year.
In each of said years from 2023 to 2042, inclusive, the direct annual tax above levied shall
be extended upon the tax rolls of the City in the same manner and time as taxes for general City
purposes, and when collected the proceeds of said taxes shall be deposited into the account of the
debt service fund established in favor of the Bonds, to be used solely for paying the principal of
and interest on the Bonds as long as any of the Bonds remain outstanding.
Section 11. Sufficiency. Interest or principal maturing at any time during the life of the
Bonds when there shall be insufficient funds on hand from the above tax levy to pay the same shall
be paid promptly when due from the general fund of the City, and said fund shall be reimbursed
in a like amount out of the proceeds of taxes hereby levied when the same shall have been collected.
Section 12. Debt Service Fund. There has been ordered to be established in the City
Treasury a fund separate and distinct from all other funds of the City to be designated the “Debt
Service Fund,” which fund shall be used solely for the purpose of paying the principal of, premium,
if any, and interest on municipal obligations issued pursuant to Chapter 67, Wisconsin Statutes, as
supplemented and amended. There is hereby created, and there shall be deposited in, an account
known as the “Series 2023A Corporate Purpose Bond Account” to be held as a part of the Debt
Service Fund, all premium on the Bonds (net of underwriter’s discount), if any, and accrued
interest, if any, paid on the Bonds at the time the Bonds are delivered to the purchasers thereof; all
money raised by taxation pursuant to Section 10 hereof; and such other sums as may be necessary
to pay the interest on the Bonds when the same shall become due and to retire the Bonds at their
respective maturity dates.
Section 13. Use of Proceeds. The principal proceeds of the Bonds shall be deposited in a
special fund, and used solely for the purpose of financing the public purpose projects for which
the Bonds are hereby authorized. Such proceeds deposited into the Construction Fund from the
sale of the Bonds shall be used only to pay the costs of the public projects aforesaid and the
Common Council hereby covenants and agrees that said principal proceeds shall be devoted to and
used with due diligence for such purposes.
Section 14. Federal Tax Matters. The City hereby further covenants that it will not take
any action, omit to take any action or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of the proceeds of the Tax-Exempt
Bonds) if taking, permitting or omitting to take such action would cause any of the Tax-Exempt
Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would
otherwise cause the interest on the Tax-Exempt Bonds to be included in the gross income of the
recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an
examination by the Internal Revenue Service (the “IRS”) of the exemption from Federal income
taxation for interest paid on the Tax-Exempt Bonds, under present rules, the City may be treated
as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable
manner to any inquiries from the IRS in connection with such an examination.
The City also agrees and covenants with the purchasers and holders of the Tax-Exempt
Bonds from time to time outstanding that, to the extent possible under Illinois law, it will comply
with whatever federal tax law is adopted in the future which applies to the Tax-Exempt Bonds and
affects the tax-exempt status of the Tax-Exempt Bonds.
The Common Council hereby authorizes the officials of the City responsible for issuing
the Tax-Exempt Bonds, the same being the City Manager, the City Clerk, the City
Treasurer/Finance Director, to make such further covenants and certifications regarding the
specific use of the proceeds of the Tax-Exempt Bonds as approved by the Common Council and
as may be necessary to assure that the use thereof will not cause the Tax-Exempt Bonds to be
arbitrage bonds and to assure that the interest on the Tax-Exempt Bonds will be exempt from
federal income taxation. In connection therewith, the City and the Common Council further agree:
(a) through their officers, to make such further specific covenants, representations as shall be
truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving
the Tax-Exempt Bonds and to comply with such advice as may be given; (c) to pay to the United
States, as necessary, such sums of money representing required rebates of excess arbitrage profits
relating to the Tax-Exempt Bonds; (d) to file such forms, statements, and supporting documents
as may be required and in a timely manner; and (e) if deemed necessary or advisable by their
officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist
the City in such compliance.
The City further recognizes that Section 149(a) of the Code requires the Bonds to be issued
and to remain in fully registered form in order that the interest thereon is excludible from gross
income of the owners thereof for Federal income tax purposes under laws in force at the time the
Bonds are delivered. In this connection, the City agrees that it will not take any action to permit
the Bonds to be issued in, or converted into, bearer or coupon form.
Section 15. Duties of Registrar. If requested by the Registrar, the City Manager of the
City is hereby authorized to execute, and the City Clerk of the City is hereby authorized to attest
and to affix the official seal of the City, and said City Manager and said City Clerk are hereby
authorized to deliver, the Registrar’s standard form of agreement between the City and the
Registrar with respect to the obligations and duties of the Registrar hereunder, which shall include
the following:
(a) to act as Registrar, authenticating agent, paying agent and transfer agent as
provided herein;
(b) to give notice of redemption of Bonds as provided herein;
(c) to cancel and destroy Bonds which have been paid at maturity or upon earlier
redemption or submitted for exchange or transfer;
(d) to furnish the City at least annually a certificate of destruction with respect to
Bonds cancelled and destroyed; and
(e) to furnish the City at least annually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to the interest on the Bonds.
The City Clerk of the City is hereby directed to file a certified copy of this Resolution with
the Registrar.
The City covenants that it shall at all times retain a Registrar with respect to the Bonds,
that it will maintain at the designated office of such Registrar a place or places where Bonds may
be presented for payment or for registration of transfer or exchange, and that it shall require that
the Registrar properly maintain the Bond Register and perform the other duties and obligations
imposed upon it by this Resolution in a manner consistent with the standards, customs and
practices of the municipal securities industry.
The Registrar shall signify its acceptance of the duties and obligations imposed upon it by
this Resolution by executing the certificate of authentication on any Bond, and by such execution
the Registrar, shall be deemed to have certified to the City that it has all requisite power to accept
and has accepted such duties and obligations. The Registrar is the agent of the City, and shall not
be liable in connection with the performance of its duties, except for its own negligence or willful
wrongdoing. The Registrar shall, however, be responsible for any representation in its certificate
of authentication on the Bonds.
The Registrar may be removed at any time by the City by an instrument in writing delivered
to the Registrar.
In case the Registrar shall be removed, or shall be dissolved, or shall be in the course of
dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall
be taken under the control of any public officer or officers, or of a receiver appointed by a court, a
successor may be appointed by the City by an instrument in writing, a copy of which shall be
delivered to the retiring Registrar, the successor Registrar and the registered owners of the Bonds.
The City shall mail notice of any such appointment made by it to each registered owner of any
Bond within twenty (20) days after such appointment. Any Registrar appointed under the
provisions of this Section 14 shall be an officer of the City or a bank, trust company or national
banking association.
Any corporation or association into which the Registrar may be converted or merged, or
with which it may be consolidated, or to which it may sell or transfer its corporate trust business
as a whole or substantially as a whole, or any corporation or association resulting from any such
conversion, merger or consolidation to which it is a party, shall be and become successor Registrar
hereunder, and vested with all the duties, powers, discretions, immunities, privileges and all other
matters as was its predecessor, without the execution or filing of any instrument or any further act,
deed or conveyance on the part of any of the parties hereto, anything herein to the contrary
notwithstanding. Any such successor Registrar shall give notice thereof to the City and the
registered owners of the Bonds.
Section 16. Continuing Disclosure Undertaking. The City Manager or the City
Treasurer/Finance Director of the City is hereby authorized, empowered and directed to execute
and deliver a Continuing Disclosure Undertaking with respect to the Bonds (the “Continuing
Disclosure Undertaking”) in substantially the form as the individual executing the Continuing
Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to
constitute conclusive evidence of his or her approval of the form of such Continuing Disclosure
Undertaking. When the Continuing Disclosure Undertaking is executed and delivered on behalf
of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City
and the officers, employees and agents of the City, and the officers, employees and agents of the
City are hereby authorized, empowered and directed to do all such acts and things and to execute
all such documents as may be necessary to carry out and comply with the provisions of the
Continuing Disclosure Undertaking, as executed. Copies of the Continuing Disclosure
Undertaking shall be placed in the official records of the City, and shall be available for public
inspection at the offices of the City. Notwithstanding any other provision of this Resolution to the
contrary, the sole remedy for failure to comply with the Continuing Disclosure Undertaking shall
be the ability of any beneficial owner of any Bond to seek mandamus or specific performance by
court order to cause the City to comply with its obligations under the Continuing Disclosure
Undertaking.
Section 17. Municipal Bond Insurance. In the event the payment of principal and interest
on the Bonds is insured pursuant to a municipal bond insurance policy (the “Municipal Bond
Insurance Policy”) issued by a bond insurer (the “Bond Insurer”), and as long as such Municipal
Bond Insurance Policy shall be in full force and effect, the City and the Registrar agree to comply
with such usual and reasonable provisions regarding presentment and payment of the Bonds,
subrogation of the rights of the Bondholders to the Bond Insurer upon payment of the Bonds by
the Bond Insurer, amendment hereof, or other terms, as approved by the City Manager and the
Director of Finance or the Mayor on advice of counsel, his or her approval to constitute full and
complete acceptance by the City of such terms and provisions under authority of this Section.
Section 18. Other Documents. The City Manager, the City Clerk, the City
Treasurer/Finance Director and all other officers of the City are hereby authorized to execute all
documents and certificates (including without limitation any certificate or agreement executed to
comply with Rule 15c2-12 of the Securities and Exchange Commission) and to take all actions as
may be necessary in connection with the authorization, issuance, sale and delivery of the Bonds
and the performance of the obligations of the City hereunder and to carry out and comply with the
terms of this Resolution, including without limitation the Official Statement. This Resolution and
all such documents shall be in substantially the same form contemplated by this Resolution, with
such changes as shall be approved by the officers executing this Resolution and said documents,
the execution thereof to constitute conclusive proof of such approval.
Section 19. Record-Keeping Policy and Post-Issuance Compliance Matters. On June 8,
2021, the Common Council adopted a record-keeping policy (the “Policy”) in order to maintain
sufficient records to demonstrate compliance with its covenants and expectations to ensure the
appropriate federal tax status for the debt obligations of the City, the interest on which is
excludable from “gross income” for federal income tax purposes or which enable the City or the
holder to receive federal tax benefits, including, but not limited to, qualified tax credit bonds and
other specified tax credit bonds. The Common Council and the City hereby reaffirm the Policy:
Section 20. Severability. If any section, paragraph or provision of this Resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining sections, paragraphs and
provisions of this Resolution.
Section 21. Conflicting Proceedings Superseded. All ordinances, resolutions or orders,
or parts thereof, heretofore enacted, adopted or entered, in conflict with the provisions of this
Resolution, shall be, and the same are hereby, superseded to the extent of such conflict, and this
Resolution shall be in effect from and after its passage.
Adopted May 23, 2023.
Approved May 23, 2023.
Recorded May 23, 2023.
Mayor
ATTEST:
City Clerk
$560,000 for acquiring, constructing and improving libraries (the
“Library Projects”); and
$610,000 for parking lots and other parking facilities (the “Parking
Projects” and, together with the Street Projects, Police Projects, Fire
Protection Projects and Library Projects, the “Projects”).
WHEREAS, the City now wishes to finance all or a portion of the Projects, each of which
constitutes a public purpose under the laws of the State; and
WHEREAS, official notice of the adoption of the Initial Resolution was published on May 1,
2023, in the Oshkosh Northwestern; and
WHEREAS, provided that no petition (a “Petition”) numbering at least ten percent (10%)
of the votes cast for governor in the City at the last general election requesting that the Initial
Resolution be submitted to the electors of the City is filed with the City Clerk of the City (the
“City Clerk”) before 4:00 o’clock P.M. on May 25, 2023 (the “Expiration of the Petition Period”),
the City will be authorized to issue its general obligation bonds for the purposes set forth in the
Initial Resolutions; and
WHEREAS, no Petition has been filed with the City Clerk as of the date hereof; and
WHEREAS, it is now necessary and desirable by the Common Council that the City be
authorized, pending the Expiration of the Petition Period without submission of a qualifying
Petition, to borrow not to exceed $6,405,000 for the Projects and in the respective amounts set
forth in the Initial Resolutions and issue its General Obligation Corporate Purpose Bonds, Series
2023A (the “Bonds”) to evidence the indebtedness thereby incurred; and
WHEREAS, it is further necessary to authorize the advertisement and sale of the Bonds:
NOW, THEREFORE, Be It Resolved by the Common Council of the City of Oshkosh,
Winnebago County, Wisconsin, as follows:
Section 1. Incorporation of Preambles. The Common Council hereby find that all of
the recitals contained in the preambles to this Resolution are full, true and correct and do
incorporate them into this Resolution by this reference.
Section 2. Authorization. The issuance of not to exceed $6,405,000 aggregate principal
amount of the Bonds is hereby authorized for the purpose of providing funds in an amount
sufficient to finance the Projects, as set out in the preambles to this Resolution, provided, however,
that the Bonds may not be sold until the Expiration of the Petition Period has occurred without the
filing of a qualifying Petition with the City Clerk, as shall be certified in the Bond Notification (as
hereinafter defined).
For the purpose of financing the costs of the Projects, there shall be issued the Bonds of
the City in an aggregate principal amount not to exceed $6,405,000. The Bonds, if issued, shall
be designated “General Obligation Corporate Purpose Bonds, Series 2023A” with such other series
designations and descriptions as shall be necessary to identify the Bonds as set forth in the Bond
Notification. The Bonds may be issued in one or more series, shall be dated the date of the issuance
thereof as set forth in the Bond Notification, and shall also bear the date of authentication by the
bond registrar and paying agent (the same being the City Treasurer of the City, the Purchaser, or a
bank or trust company authorized to do business in the State as set forth in the Bond Notification)
(the “Registrar”), shall be in fully registered form, shall be of $5,000 denominations each or any
integral multiple thereof (but no single Bond shall represent installments of principal maturing on
more than one date), or such other denominations as set forth in the Bond Notification; and shall
be lettered R and numbered consecutively starting with the number one. The Bonds shall become
due and payable serially or be subject to mandatory redemption (subject to option of prior
redemption as hereinafter set forth) on June 1 of each of the years (not later than 2043), in the
amounts and bearing interest at the rates per annum as set forth in the Bond Notification, provided,
however, that (i) the maximum annual debt service due on the Bonds in any year may not exceed
$600,000, and (ii) the true interest cost of the Bonds may not exceed 5.00%. Any series of the
Bonds may be issued as taxable bonds, such that the interest thereon shall be includible in gross
income of the owners thereof for federal income tax purposes (the “Taxable Bonds”) or as tax-
exempt bonds, such that the interest thereon shall be excludable from gross income of the owners
thereof for federal income tax purposes (the “Tax-Exempt Bonds”), if so authorized under the
Internal Revenue Code of 1986, as amended (the “Code”), all as set forth in the Bond Notification
for such series of the Bonds.
Section 3. Interest; Payment Provisions. The Bonds shall bear interest from their date
or from the most recent interest payment date to which interest has been paid or duly provided for,
at the interest rates set out above, such interest (computed upon the basis of a 360-day year
consisting of twelve 30-day months) being payable on June 1 and December 1 of each year,
commencing on the date set forth in the Bond Notification. Interest on each Bond shall be paid by
check or draft of the Registrar to the person or entity in whose name such Bond is registered at the
close of business on the fifteenth day of the calendar month immediately preceding the applicable
interest payment date. The principal of each Bond shall be payable in lawful money of the United
States of America only upon presentation and surrender of such Bond at the designated office of
the Registrar.
Section 4. Execution; Authentication. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the City Manager of the City and with the manual or
facsimile signature of the City Clerk of the City, and sealed with the official seal of the City or a
printed facsimile of said seal. In case any officer whose signature shall appear on any Bond shall
cease to be such officer before the delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. The Bonds may be prepared in printed or typewritten form.
All Bonds shall have thereon a certificate of authentication substantially in the form
hereinafter set forth duly executed by the Registrar as authenticating agent of the City and showing
the date of authentication of the Bonds. No Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit under this Resolution unless and until such certificate of
authentication shall have been duly executed by the Registrar by manual signature, and such
certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has
been authenticated and delivered under this Resolution. The certificate of authentication on any
Bond shall be deemed to have been executed by the Registrar if signed by an authorized officer of
the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication
on all of the Bonds issued under this Resolution.
Section 5. Registration of Bonds; Persons Treated as Owners. (a) The City shall cause
books (the “Bond Register”) for the registration and for the transfer of the Bonds as provided in
this Resolution to be kept at the designated office of the Registrar, which is hereby constituted and
appointed the registrar of the City with respect to the Bonds herein authorized. The City is
authorized to prepare, and the Registrar shall keep custody of, multiple Bond blanks executed by
the City for use in the transfer and exchange of Bonds.
Upon surrender for transfer of any Bond at the principal corporate trust office of the
Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in
form satisfactory to the Registrar and duly executed by, the registered owner or his or her attorney
duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and
deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the
same maturity of authorized denominations, for a like aggregate principal amount. Any fully
registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate
principal amount of Bond or Bonds of the same maturity of other authorized denominations. The
execution by the City of any fully registered Bond shall constitute full and due authorization of
such Bond and the Registrar shall thereby be authorized to authenticate, date and deliver such
Bond, provided, however, the principal amount of outstanding Bonds of each maturity
authenticated by the Registrar shall not exceed the authorized principal amount of Bonds for such
maturity less previous retirements.
The Registrar shall not be required to transfer or exchange any Bond during the period
beginning at the close of business on the 15th day of the month next preceding any interest
payment date on such Bond and ending at the opening of business on such interest payment date,
nor to transfer or exchange any Bond after notice calling such Bond for redemption has been
mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption
of any Bonds.
The person in whose name any Bond shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond
shall be made only to or upon the order of the registered owner thereof or his or her legal
representative. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Bonds, but the City or the
Registrar may require payment of a sum sufficient to cover any tax or other governmental charge
that may be imposed in connection with any transfer or exchange of Bonds except in the case of
the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption.
(b) Global Book-Entry System. The Bonds shall be initially issued in the form of a
separate single fully registered Bond for each of the maturities of the Bonds determined as
described in Section 2 hereof. Unless otherwise requested by any Purchaser, upon initial issuance,
the ownership of each such Bond shall be registered in the Bond Register in the name of Cede &
Co., or any successor thereto (“Cede”), as nominee of The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). All of the outstanding Bonds shall be
registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter
provided. The Mayor, the City Manager, the Treasurer, the Director of Finance and any other
business official of the City and the Registrar are each authorized to execute and deliver, on behalf
of the City, such letters to or agreements with DTC as shall be necessary to effectuate such book-
entry system (any such letter or agreement being referred to herein as the “Representation Letter”),
which Representation Letter may provide for the payment of principal of or interest on the Bonds
by wire transfer.
With respect to Bonds registered in the Bond Register in the name of Cede, as nominee of
DTC, the City and the Registrar shall have no responsibility or obligation to any broker-dealer,
bank or other financial institution for which DTC holds Bonds from time to time as securities
depository (each such broker-dealer, bank or other financial institution being referred to herein as
a “DTC Participant”) or to any person on behalf of whom such a DTC Participant holds an interest
in the Bonds. Without limiting the immediately preceding sentence, the City and the Registrar
shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC,
Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery
to any DTC Participant or any other person, other than a registered owner of a Bond as shown in
the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or
(iii) the payment to any DTC Participant or any other person, other than a registered owner of a
Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on
the Bonds. The City and the Registrar may treat and consider the person in whose name each
Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the
purpose of payment of principal and interest with respect to such Bond, for the purpose of giving
notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the respective registered
owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized
in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
City’s obligations with respect to payment of the principal of and interest on the Bonds to the
extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown
in the Bond Register, shall receive a Bond evidencing the obligation of the City to make payments
of principal and interest with respect to any Bond. Upon delivery by DTC to the Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede,
and subject to the provisions in Section 3 hereof with respect to the payment of interest to the
registered owners of Bonds at the close of business on the 15th day of the month next preceding
the applicable interest payment date, the name “Cede” in this resolution shall refer to such new
nominee of DTC.
In the event that (i) the City determines that DTC is incapable of discharging its
responsibilities described herein and in the Representation Letter, (ii) the agreement among the
City, the Registrar and DTC evidenced by the Representation Letter shall be terminated for any
reason or (iii) the City determines that it is in the best interests of the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC
Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer
be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At
that time, the City may determine that the Bonds shall be registered in the name of and deposited
with such other depository operating a universal book-entry system, as may be acceptable to the
City, or such depository’s agent or designee, and if the City does not select such alternate universal
book-entry system, then the Bonds may be registered in whatever name or names registered owners
of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of
Section 5(a) hereof.
Notwithstanding any other provisions of this resolution to the contrary, so long as any Bond
is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of
and interest on such Bond and all notices with respect to such Bond shall be made and given,
respectively, in the name provided in the Representation Letter.
Section 6. Redemption. (a) Optional Redemption. All or a portion of the Bonds of any
series, if any, due on and after the date, if any, specified in the Bond Notification shall be subject
to redemption prior to maturity at the option of the City from any available funds, as a whole or in
part, and if in part in integral multiples of $5,000 in any order of their maturity as determined by
the City (less than all of the Bonds of a single maturity to be selected by the Registrar), on the date
specified in the Bond Notification, if any, and on any date thereafter, at the redemption price of
par plus accrued interest to the date fixed for redemption.
(b) Mandatory Redemption. The Bonds maturing on the date or dates, if any, indicated
in the Bond Notification for any series of the Bonds are subject to mandatory redemption, in
integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus
accrued interest to the redemption date for the Bonds, on June 1 of the years, if any, and in the
principal amounts, if any, as indicated in such Bond Notification.
The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced
through the earlier optional redemption thereof, with any partial optional redemptions of such
Bonds credited against future mandatory redemption requirements in such order of the mandatory
redemption dates as the City may determine. In addition, on or prior to the 60th day preceding
any mandatory redemption date, the Registrar may, and if directed by the Common Council shall,
purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so
purchased shall be cancelled and the principal amount thereof shall be credited against the
mandatory redemption required on such next mandatory redemption date.
(c) General. The Bonds shall be redeemed only in the principal amount of $5,000 and
integral multiples thereof. The City shall, at least forty-five (45) days prior to any optional
redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the
Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds
to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a
single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot
by the Registrar from the Bonds of such maturity by such method of lottery as the Registrar shall
deem fair and appropriate; provided that such lottery shall provide for the selection for redemption
of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely
to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Registrar shall
make such selection upon the earlier of the irrevocable deposit of funds with an escrow agent
sufficient to pay the redemption price of the Bonds to be redeemed or the time of the giving of
official notice of redemption.
The Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds
selected for redemption and, in the case of any Bond selected for partial redemption, the principal
amount thereof to be redeemed.
Section 7. Redemption Procedure. Unless waived by any holder of Bonds to be
redeemed, notice of the call for any such redemption shall be given by the Registrar on behalf of
the City by mailing the redemption notice by first class mail at least thirty (30) days and not more
than sixty (60) days prior to the date fixed for redemption to the registered owner of the Bond or
Bonds to be redeemed at the address shown on the Bond Register or at such other address as is
furnished in writing by such registered owner to the Registrar.
All notices of redemption shall state:
(1) the date fixed for redemption,
(2) the redemption price,
(3) if less than all outstanding Bonds are to be redeemed, the identification,
including CUSIP numbers (and, in the case of any partial redemption, the respective
principal amounts) of the Bonds to be redeemed,
(4) that on the date fixed for redemption the redemption price will become due
and payable upon each such Bond or portion thereof called for redemption, and that interest
thereon shall cease to accrue from and after said date, and
(5) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the designated office of the Registrar.
Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed at the
option of the City shall have been received by the Registrar prior to the giving of such notice of
redemption, such notice may, at the option of the City, state that said redemption shall be
conditional upon the receipt of such moneys by the Registrar on or prior to the date fixed for
redemption. If such moneys are not received, such notice shall be of no force and effect, the City
shall not redeem such Bonds, and the Registrar shall give notice, in the same manner in which the
notice of redemption shall have been given, that such moneys were not so received and that such
Bonds will not be redeemed. Otherwise, prior to any redemption date, the City shall deposit with
the Registrar an amount of money sufficient to pay the redemption price of all the Bonds or
portions of Bonds which are to be redeemed on that date.
Subject to the provisions for a conditional redemption described above, notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the City shall default in the payment of the redemption price)
such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for
redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the
redemption price. Installments of interest due on or prior to the redemption date shall be payable
as herein provided for payment of interest. Upon surrender for any partial redemption of any
Bond, there shall be prepared for the registered holder a new Bond or Bonds of the same maturity
in the amount of the unpaid principal.
If any Bond or portion of Bond called for redemption shall not be so paid upon surrender
thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the
rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been
redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued.
Section 8. Form of Bonds. The Bonds, the certificate of authentication to be endorsed
thereon and the form of assignment to be endorsed thereon are all to be in substantially the
following forms with necessary and appropriate variations, omissions and insertions as permitted
or required by this Resolution:
No. R-__________ $__________
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF WISCONSIN
COUNTY OF WINNEBAGO
CITY OF OSHKOSH
GENERAL OBLIGATION CORPORATE PURPOSE BOND
SERIES 2023A
RATE OF
INTEREST MATURITY DATE DATED DATE CUSIP NUMBER
_____% ______________________, 2023 __________
Registered Owner: CEDE & CO.
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh in the County of
Winnebago and the State of Wisconsin (the “City”), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner hereinabove identified, or registered
assigns as hereinafter provided, on the Maturity Date hereinabove identified, the Principal Amount
hereinabove identified and to pay interest (computed on the basis of a 360-day year consisting of
twelve 30-day months) on such Principal Amount from the Dated Date hereinabove identified or
from the most recent interest payment date to which interest has been paid at the Rate of Interest
per annum hereinabove identified on June 1 and December 1 of each year, commencing on
________, 20__, until said Principal Amount is paid, except as the provisions hereinafter set forth
with respect to redemption prior to maturity may be and become applicable to this Bond.
The principal of this Bond is payable in lawful money of the United States of America only
upon presentation and surrender of this Bond at the designated office of _____________________,
as registrar and paying agent, or any successor thereto (the “Registrar”). Payment of each
installment of interest hereon shall be made to the Registered Owner hereof who shall appear on
the registration books of the City maintained by the Registrar at the close of business on the
fifteenth day of the calendar month immediately preceding the applicable interest payment date,
and shall be paid by check or draft of the Registrar mailed to such Registered Owner at his address
as it appears on such registration books or at such other address as may be furnished in writing by
such Registered Owner to the Registrar.
This Bond is one of an authorized issue of General Obligation Corporate Purpose Bonds,
Series 2023A, aggregating the principal amount of $___________ (the “Bonds”) issued for the
following public purposes:
$___________ for street improvements;
$___________ for construction of police facilities;
$___________ for fire engines and other equipment of the fire
department and for construction of engine houses, and for pumps,
water mains, reservoirs and all of the reasonable facilities for fire
protection, apparatus or equipment for fire protection;
$___________ for acquiring, constructing and improving libraries;
$___________ for parking lots and other parking facilities;
pursuant to and in all respects in compliance with Chapter 67, Wisconsin Statutes, as supplemented
and amended and a resolution adopted by the Common Council of the City on May 23, 2023 (as
supplemented by a notification of sale, the “Resolution”).
[Optional and Mandatory Redemption Provisions to be inserted as applicable].
Notice of any intended redemption shall be sent by first class mail, postage prepaid, not
less than thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption
to the registered owner of each Bond to be redeemed (in whole or in part) at the address shown on
the registration books of the City maintained by the Registrar or at such other address as is
furnished in writing by such registered owner to the Registrar. Such notice of optional redemption
may be conditional as provided in the Resolution. When so called for redemption, this Bond, or
the portion hereof being so called for redemption, will cease to bear interest on the specified
redemption date, provided funds for redemption are on deposit at the place of payment on that
date, and shall not be deemed to be outstanding.
This Bond is transferable by the Registered Owner hereof in person or by his attorney duly
authorized in writing at the designated office of the Registrar, but only in the manner, subject to
the limitations and upon payment of the charges provided in the Resolution, and upon surrender
and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and
interest rate of authorized denomination or denominations and for a like aggregate principal
amount will be issued to the transferee in exchange for this Bond.
The Bonds are issuable in fully registered form in denominations of $5,000 each and
integral multiples thereof. This Bond may be exchanged at the designated office of the Registrar
for a like aggregate principal amount of Bonds of the same maturity and interest rate of other
authorized denominations, upon the terms set forth in the Resolution.
The City and the Registrar may deem and treat the registered owner hereof as the absolute
owner hereof for the purpose of receiving payment of or on account of principal hereof and interest
due hereon and for all other purposes, and neither the City nor the Registrar shall be affected by
any notice to the contrary.
It is hereby certified, recited and declared that all acts, conditions and things required to be
done, exist, happen and be performed precedent to and in the issuance of this Bond have been
done, have existed, have happened and have been performed in due time, form and manner as
required by the Constitution and the laws of the State of Wisconsin; that this Bond, together with
all other indebtedness of the City, does not exceed any limitation prescribed by law; and that the
City has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls
due and also to pay and discharge the principal hereof at maturity.
The full faith, credit and resources of the City are hereby pledged for the payment of the
principal of and interest on this Bond and the issue of which it is a part as the same respectively
become due and for the levy and collection of sufficient taxes for that purpose.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF the City of Oshkosh, Winnebago County, Wisconsin, by its
Common Council, has caused this Bond to be executed with the duly authorized manual or
facsimile signature of its City Manager and with the duly authorized manual or facsimile signature
of its City Clerk, and its official seal or a facsimile thereof to be impressed or reproduced hereon,
as of the Dated Date hereinabove identified.
________________________________
City Clerk City Manager
[SEAL]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within mentioned Resolution, and is one of
the General Obligation Corporate Purpose Bonds, Series 2023A, of the City of Oshkosh,
Winnebago County, Wisconsin.
Date of Authentication: _____________________
_________________________
By _______________________________
Authorized Signatory
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM- as tenants in common UNIF GIFT/TRANS MIN ACT-
_________Custodian _________
(Cust) (Minor)
TEN ENT- as tenants by the entirety under Uniform Gifts/Transfers to Minors
JT TEN- as joint tenants with right of
survivorship and not as
tenants in common
Act___________________________
(State)
Additional abbreviations may also be used though not listed above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
______________________________________________________________________________
(Name and Address of Assignee)
the within Bond, and does hereby irrevocably constitute and appoint _______________________
_____________________________________________________, or its successor as Registrar, to transfer the said
Bond on the books kept for registration thereof with full power of substitution in the premises.
Dated: _________________________
________________________________________________
NOTICE: The signature to this Assignment must correspond with the name of the registered
owner as it appears upon the face of the within Bond in every particular, without
alteration or enlargement or any change whatever.
Signature guaranteed: ____________________________
NOTICE: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the
requirements of the Registrar, which requirements include membership or
participation in STAMP or such other “signature guaranty program” as may be
determined by the Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
Section 9. Sale of Bonds. The City Manager and the Finance Director of the City (the
“Designated Representatives”) are hereby authorized to proceed not later than the 23rd day of
November, 2023, without any further authorization or direction from the Council, to sell the Bonds
upon the terms prescribed in this Resolution. The Bonds hereby authorized shall be executed as
in this Resolution provided as soon after the delivery of the Bond Notification as may be, and
thereupon be deposited with the City Treasurer, and, after authentication thereof by the Bond
Registrar, be by said City Treasurer delivered to the purchaser or purchasers thereof (each, a
“Purchaser”) upon receipt of the purchase price therefor, the same being not less than 98.75% of
the principal amount of the Bonds (exclusive of original issue discount) on a series by series basis.
The Purchaser or Purchasers for the Bonds shall be the best bidder for the Bonds at a competitive
sale conducted by Ehlers & Associates, Inc.
Prior to the sale of the Bonds, the Mayor, City Manager, City Treasurer or any other
business official of the City is hereby authorized to approve and execute a commitment for the
purchase of a Municipal Bond Insurance Policy (as hereinafter defined), to further secure the
Bonds, as long as the present value of the fee to be paid for the Municipal Bond Insurance Policy
(using as a discount rate the expected yield on the Bonds treating the fee paid as interest on the
Bonds) is less than the present value of the interest reasonably expected to be saved on the Bonds
over the term of the Bonds as a result of the Municipal Bond Insurance Policy.
Upon the sale of the Bonds, the Designated Representatives shall prepare a Notification of
Sale, which shall include the pertinent details of sale as provided herein (the “Bond Notification”).
In the Bond Notification, the Designated Representatives shall find and determine that the Bonds
have been sold at such price and shall have the terms as set forth therein. The Bond Notification
shall be entered into the records of the City and made available to the Common Council at the next
regular meeting thereof; but such action shall be for information purposes only, and the Common
Council shall have no right or authority at such time to approve or reject such sale as evidenced in
the Bond Notification.
Upon the sale of the Bonds, as evidenced by the execution and delivery of the Bond
Notification by the Designated Representatives, the Mayor, City Clerk, City Manager, City
Treasurer and any other officer of the City, as shall be appropriate, shall be and are hereby
authorized and directed to approve or execute, or both, such documents of sale of the Bonds as
may be necessary, including, without limitation, the contract for the sale of the Bonds between the
City and the Purchaser (the “Purchase Contract”), which may be evidenced by an executed bid
form, term sheet or other document requested by a Purchaser.
The use by the Purchaser of any Preliminary Official Statement and any final Official
Statement relating to the Bonds (the “Official Statement”) is hereby ratified, approved and
authorized; the execution and delivery of the Official Statement is hereby authorized; and the
officers of the Common Council are hereby authorized to take any action as may be required on
the part of the City to consummate the transactions contemplated by the Purchase Contract, this
Resolution, said Preliminary Official Statement, the Official Statement and the Bonds. The City
is authorized to advertise for the sale of the Bonds in any newspaper as the City shall determine.
Section 10. Tax Levy. In order to provide for the collection of a direct annual tax
sufficient to pay the interest on the Bonds and to pay and discharge the principal thereof at
maturity, there is hereby levied upon all the taxable property in the City of Oshkosh, Winnebago
County, Wisconsin, a direct annual tax in amounts sufficient for that purpose, and there is hereby
levied upon all taxable property in the City a direct annual tax in each of the years 2023 through
2042 equal to the final schedule of principal and interest due on the Bonds, which schedule shall
be established following the sale of the Bonds and shall be set forth in the Bond Notification,
provided, however, that the direct annual tax levied herein may not exceed $600,000 in any year.
In each of said years from 2023 to 2042, inclusive, the direct annual tax above levied shall
be extended upon the tax rolls of the City in the same manner and time as taxes for general City
purposes, and when collected the proceeds of said taxes shall be deposited into the account of the
debt service fund established in favor of the Bonds, to be used solely for paying the principal of
and interest on the Bonds as long as any of the Bonds remain outstanding.
Section 11. Sufficiency. Interest or principal maturing at any time during the life of the
Bonds when there shall be insufficient funds on hand from the above tax levy to pay the same shall
be paid promptly when due from the general fund of the City, and said fund shall be reimbursed
in a like amount out of the proceeds of taxes hereby levied when the same shall have been collected.
Section 12. Debt Service Fund. There has been ordered to be established in the City
Treasury a fund separate and distinct from all other funds of the City to be designated the “Debt
Service Fund,” which fund shall be used solely for the purpose of paying the principal of, premium,
if any, and interest on municipal obligations issued pursuant to Chapter 67, Wisconsin Statutes, as
supplemented and amended. There is hereby created, and there shall be deposited in, an account
known as the “Series 2023A Corporate Purpose Bond Account” to be held as a part of the Debt
Service Fund, all premium on the Bonds (net of underwriter’s discount), if any, and accrued
interest, if any, paid on the Bonds at the time the Bonds are delivered to the purchasers thereof; all
money raised by taxation pursuant to Section 10 hereof; and such other sums as may be necessary
to pay the interest on the Bonds when the same shall become due and to retire the Bonds at their
respective maturity dates.
Section 13. Use of Proceeds. The principal proceeds of the Bonds shall be deposited in a
special fund, and used solely for the purpose of financing the public purpose projects for which
the Bonds are hereby authorized. Such proceeds deposited into the Construction Fund from the
sale of the Bonds shall be used only to pay the costs of the public projects aforesaid and the
Common Council hereby covenants and agrees that said principal proceeds shall be devoted to and
used with due diligence for such purposes.
Section 14. Federal Tax Matters. The City hereby further covenants that it will not take
any action, omit to take any action or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of the proceeds of the Tax-Exempt
Bonds) if taking, permitting or omitting to take such action would cause any of the Tax-Exempt
Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would
otherwise cause the interest on the Tax-Exempt Bonds to be included in the gross income of the
recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an
examination by the Internal Revenue Service (the “IRS”) of the exemption from Federal income
taxation for interest paid on the Tax-Exempt Bonds, under present rules, the City may be treated
as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable
manner to any inquiries from the IRS in connection with such an examination.
The City also agrees and covenants with the purchasers and holders of the Tax-Exempt
Bonds from time to time outstanding that, to the extent possible under Illinois law, it will comply
with whatever federal tax law is adopted in the future which applies to the Tax-Exempt Bonds and
affects the tax-exempt status of the Tax-Exempt Bonds.
The Common Council hereby authorizes the officials of the City responsible for issuing
the Tax-Exempt Bonds, the same being the City Manager, the City Clerk, the City
Treasurer/Finance Director, to make such further covenants and certifications regarding the
specific use of the proceeds of the Tax-Exempt Bonds as approved by the Common Council and
as may be necessary to assure that the use thereof will not cause the Tax-Exempt Bonds to be
arbitrage bonds and to assure that the interest on the Tax-Exempt Bonds will be exempt from
federal income taxation. In connection therewith, the City and the Common Council further agree:
(a) through their officers, to make such further specific covenants, representations as shall be
truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving
the Tax-Exempt Bonds and to comply with such advice as may be given; (c) to pay to the United
States, as necessary, such sums of money representing required rebates of excess arbitrage profits
relating to the Tax-Exempt Bonds; (d) to file such forms, statements, and supporting documents
as may be required and in a timely manner; and (e) if deemed necessary or advisable by their
officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist
the City in such compliance.
The City further recognizes that Section 149(a) of the Code requires the Bonds to be issued
and to remain in fully registered form in order that the interest thereon is excludible from gross
income of the owners thereof for Federal income tax purposes under laws in force at the time the
Bonds are delivered. In this connection, the City agrees that it will not take any action to permit
the Bonds to be issued in, or converted into, bearer or coupon form.
Section 15. Duties of Registrar. If requested by the Registrar, the City Manager of the
City is hereby authorized to execute, and the City Clerk of the City is hereby authorized to attest
and to affix the official seal of the City, and said City Manager and said City Clerk are hereby
authorized to deliver, the Registrar’s standard form of agreement between the City and the
Registrar with respect to the obligations and duties of the Registrar hereunder, which shall include
the following:
(a) to act as Registrar, authenticating agent, paying agent and transfer agent as
provided herein;
(b) to give notice of redemption of Bonds as provided herein;
(c) to cancel and destroy Bonds which have been paid at maturity or upon earlier
redemption or submitted for exchange or transfer;
(d) to furnish the City at least annually a certificate of destruction with respect to
Bonds cancelled and destroyed; and
(e) to furnish the City at least annually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to the interest on the Bonds.
The City Clerk of the City is hereby directed to file a certified copy of this Resolution with
the Registrar.
The City covenants that it shall at all times retain a Registrar with respect to the Bonds,
that it will maintain at the designated office of such Registrar a place or places where Bonds may
be presented for payment or for registration of transfer or exchange, and that it shall require that
the Registrar properly maintain the Bond Register and perform the other duties and obligations
imposed upon it by this Resolution in a manner consistent with the standards, customs and
practices of the municipal securities industry.
The Registrar shall signify its acceptance of the duties and obligations imposed upon it by
this Resolution by executing the certificate of authentication on any Bond, and by such execution
the Registrar, shall be deemed to have certified to the City that it has all requisite power to accept
and has accepted such duties and obligations. The Registrar is the agent of the City, and shall not
be liable in connection with the performance of its duties, except for its own negligence or willful
wrongdoing. The Registrar shall, however, be responsible for any representation in its certificate
of authentication on the Bonds.
The Registrar may be removed at any time by the City by an instrument in writing delivered
to the Registrar.
In case the Registrar shall be removed, or shall be dissolved, or shall be in the course of
dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall
be taken under the control of any public officer or officers, or of a receiver appointed by a court, a
successor may be appointed by the City by an instrument in writing, a copy of which shall be
delivered to the retiring Registrar, the successor Registrar and the registered owners of the Bonds.
The City shall mail notice of any such appointment made by it to each registered owner of any
Bond within twenty (20) days after such appointment. Any Registrar appointed under the
provisions of this Section 14 shall be an officer of the City or a bank, trust company or national
banking association.
Any corporation or association into which the Registrar may be converted or merged, or
with which it may be consolidated, or to which it may sell or transfer its corporate trust business
as a whole or substantially as a whole, or any corporation or association resulting from any such
conversion, merger or consolidation to which it is a party, shall be and become successor Registrar
hereunder, and vested with all the duties, powers, discretions, immunities, privileges and all other
matters as was its predecessor, without the execution or filing of any instrument or any further act,
deed or conveyance on the part of any of the parties hereto, anything herein to the contrary
notwithstanding. Any such successor Registrar shall give notice thereof to the City and the
registered owners of the Bonds.
Section 16. Continuing Disclosure Undertaking. The City Manager or the City
Treasurer/Finance Director of the City is hereby authorized, empowered and directed to execute
and deliver a Continuing Disclosure Undertaking with respect to the Bonds (the “Continuing
Disclosure Undertaking”) in substantially the form as the individual executing the Continuing
Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to
constitute conclusive evidence of his or her approval of the form of such Continuing Disclosure
Undertaking. When the Continuing Disclosure Undertaking is executed and delivered on behalf
of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City
and the officers, employees and agents of the City, and the officers, employees and agents of the
City are hereby authorized, empowered and directed to do all such acts and things and to execute
all such documents as may be necessary to carry out and comply with the provisions of the
Continuing Disclosure Undertaking, as executed. Copies of the Continuing Disclosure
Undertaking shall be placed in the official records of the City, and shall be available for public
inspection at the offices of the City. Notwithstanding any other provision of this Resolution to the
contrary, the sole remedy for failure to comply with the Continuing Disclosure Undertaking shall
be the ability of any beneficial owner of any Bond to seek mandamus or specific performance by
court order to cause the City to comply with its obligations under the Continuing Disclosure
Undertaking.
Section 17. Municipal Bond Insurance. In the event the payment of principal and interest
on the Bonds is insured pursuant to a municipal bond insurance policy (the “Municipal Bond
Insurance Policy”) issued by a bond insurer (the “Bond Insurer”), and as long as such Municipal
Bond Insurance Policy shall be in full force and effect, the City and the Registrar agree to comply
with such usual and reasonable provisions regarding presentment and payment of the Bonds,
subrogation of the rights of the Bondholders to the Bond Insurer upon payment of the Bonds by
the Bond Insurer, amendment hereof, or other terms, as approved by the City Manager and the
Director of Finance or the Mayor on advice of counsel, his or her approval to constitute full and
complete acceptance by the City of such terms and provisions under authority of this Section.
Section 18. Other Documents. The City Manager, the City Clerk, the City
Treasurer/Finance Director and all other officers of the City are hereby authorized to execute all
documents and certificates (including without limitation any certificate or agreement executed to
comply with Rule 15c2-12 of the Securities and Exchange Commission) and to take all actions as
may be necessary in connection with the authorization, issuance, sale and delivery of the Bonds
and the performance of the obligations of the City hereunder and to carry out and comply with the
terms of this Resolution, including without limitation the Official Statement. This Resolution and
all such documents shall be in substantially the same form contemplated by this Resolution, with
such changes as shall be approved by the officers executing this Resolution and said documents,
the execution thereof to constitute conclusive proof of such approval.
Section 19. Record-Keeping Policy and Post-Issuance Compliance Matters. On June 8,
2021, the Common Council adopted a record-keeping policy (the “Policy”) in order to maintain
sufficient records to demonstrate compliance with its covenants and expectations to ensure the
appropriate federal tax status for the debt obligations of the City, the interest on which is
excludable from “gross income” for federal income tax purposes or which enable the City or the
holder to receive federal tax benefits, including, but not limited to, qualified tax credit bonds and
other specified tax credit bonds. The Common Council and the City hereby reaffirm the Policy:
Section 20. Severability. If any section, paragraph or provision of this Resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining sections, paragraphs and
provisions of this Resolution.
Section 21. Conflicting Proceedings Superseded. All ordinances, resolutions or orders,
or parts thereof, heretofore enacted, adopted or entered, in conflict with the provisions of this
Resolution, shall be, and the same are hereby, superseded to the extent of such conflict, and this
Resolution shall be in effect from and after its passage.
Adopted May 23, 2023.
Approved May 23, 2023.
Recorded May 23, 2023.
Mayor
ATTEST:
City Clerk
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: Russ Van Gompel, Director of Finance
DATE: May 25, 2023
RE: Approve Resolution authorizing the issuance of not to exceed $6,405,000
aggregate principal amount of General Obligation Corporate Purpose Bonds,
Series 2023A, of the City of Oshkosh, Winnebago County, Wisconsin, for the
purpose of completing certain projects in and for the City, prescribing details of
said bonds and the form of bond, authorizing the award of said bonds to the best
bidder thereof, levying taxes, and related matters.
Approve Resolution authorizing the issuance of not to exceed $6,055,000
aggregate principal amount of Storm Water Utility Revenue Bonds, Series 2023B,
of the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects related to the City’s storm water utility
system, prescribing details of said bonds and the form of bond, providing for the
payment of said bonds and the covenants with respect thereto, authorizing the
award of said bonds to the best bidder therefor and related matters.
Approve Resolution authorizing the issuance of not to exceed $7,430,000
aggregate principal amount of Water System Revenue Bonds, Series 2023C, of
the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects related to the City’s waterworks system,
prescribing details of said bonds and the form of bond, providing for the
payment of said bonds and the covenants with respect thereto, authorizing the
award of said bonds to the best bidder therefor and related matters.
BACKGROUND
On April 25, 2023 the Common Council approved the initial borrowing resolution for the
general obligation bonds which stated the intent to borrow and authorized staff to proceed
with the preparation and documentation needed to sell the bonds. The sale of the bonds will
be completed and the final approval is needed to authorize that sale of the General Obligation
Bonds as well as the Storm Water and Water Utility Revenue Bonds. As noted in the April
Council communication, the sale of the bonds needed to occur at least 30 days after the initial
resolution was authorized, and this requirement has been satisfied.
Finance Department
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us
As is normal practice, the bonds and notes as outlined above will be offered to the public
through competitive sales estimated to occur on June 22, 2023. If all of the parameters in Pre-
Sale Report are met, the City Manager and Finance Director are authorized to complete the
sales and the terms will be finalized.
As outlined in the initial resolutions, we are separating the Utility borrowing from the General
Obligation borrowing to match the obligations with the funds that benefit from the borrowing.
This also helps manage the City’s debt burden in recognition of the regulatory limit of 5% of
Equalized Value for General Obligation Debt, and to reserve general obligation borrowing
capacity for future needs.
ANALYSIS
While we will not be able to do an exact dollar analysis of the bids until they are received,
the information below provides details of a typical tax-exempt borrowing.
Tax-Exempt Borrowing Option is traditionally the lowest cost option to obtain funds for public
use. There are certain requirements that the City must follow in executing the bonds that
include the proper use, recordkeeping, and accountability of the funds.
While market conditions and specific bidders dictate what the interest rates are, the interest
rate in the parameter cannot exceed 5.00%.
FISCAL IMPACT
The $6,405,000 of General Obligation Corporate Purpose Bonds will be paid off over twenty
years. The Storm Water System Revenue Bonds of $6,055,000 and the Water System Revenue
Bonds of $7,430,000 will be paid off over twenty years. All issues will be added to the City’s
outstanding debt obligations.
RECOMMENDATION
Staff recommends adoption of the resolutions noted above.
Respectfully Submitted, Approved:
Russ Van Gompel John Fitzpatrick
Director of Finance Assistant City Manager /
Director of Administrative Services
MAY 23, 2023 23-261 RESOLUTION
(CARRIED___7-0 ___LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $6,055,000 AGGREGATE PRINCIPAL AMOUNT OF
STORM WATER UTILITY REVENUE BONDS, SERIES 2023B, OF
THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN,
FOR THE PURPOSE OF COMPLETING CERTAIN CAPITAL
PROJECTS RELATED TO THE CITY’S STORM WATER UTILITY
SYSTEM, PRESCRIBING DETAILS OF SAID BONDS AND THE
FORM OF BOND, PROVIDING FOR THE PAYMENT OF SAID
BONDS AND THE COVENANTS WITH RESPECT THERETO,
AUTHORIZING THE AWARD OF SAID BONDS TO THE BEST
BIDDER THEREFOR AND RELATED MATTERS
INITIATED BY: FINANCE DEPARTMENT
WHEREAS, the City of Oshkosh, Winnebago County, Wisconsin (the “City”), is a duly
organized and existing municipality incorporated and existing under the provisions of the laws of
the State of Wisconsin (the “State”); and
WHEREAS, the City owns and operates a municipal storm water utility system referred to
herein as the System (as defined and described in Section 1 hereof); and
WHEREAS, the City has previously determined that the City shall construct, extend, add to
and improve the System, including, without limitation, storm sewer replacements and upgrades,
the acquisition and construction of detention basins and outfall upgrades and related improvements
(the “Project”); and
WHEREAS, it has been determined previously that the Project is necessary and in the best
interest of the City; and
WHEREAS, under the provisions of Chapter 66 of the Wisconsin Statutes, as supplemented
and amended (the “Statute”), any municipality, such as the City, may, by action of its governing
body, provide for constructing, extending, adding to and improving a public utility, such as the
System, from the proceeds of obligations payable from the income and revenues derived from the
operation of said utility; and
WHEREAS, in connection with the issuance of the City’s Storm Water Utility Revenue
Bonds, Series 2005-C (the “Series 2005-C Bonds”), which bonds are no longer outstanding, the
Common Council of the City (the “Common Council”) duly adopted, on April 12, 2005,
Resolution Number 05-100 (the “2005 Resolution”), authorizing the issuance of the Series 2005-
C Bonds and providing, pursuant to Sections 12, 13, 14, 15, 16, 17, 20 and 23 thereof (the “Prior
Revenue Bonds Provisions”), among other things, for (i) the creation of the funds and accounts to
properly allocate the Revenues (as defined herein) of the System and secure the payment of the
principal of and interest on the Series 2005-C Bonds, (ii) the application of the Revenues among
such accounts and funds, (iii) covenants of the City regarding the operation of the System for the
benefit of the holders of the Series 2005-C Bonds, (iv) the issuance of bonds on a parity with the
Series 2005-C Bonds, (v) the equality of lien of bonds issued payable from the Revenues, (vi)
limitations on the modification of the 2005 Resolution, (vii) the remedies of the holders of the
Series 2005-C Bonds, and (viii) authorizing the defeasance of the Series 2005-C Bonds; and
WHEREAS, the City has heretofore issued and has outstanding its Storm Water Utility
Revenue Bonds, Series 2012D, dated November 1, 2012 (the “Series 2012D Bonds”), Storm
Water Utility Revenue Bonds, Series 2013A, dated June 27, 2013 (the “Series 2013A Bonds”),
Storm Water Utility Revenue Bonds, Series 2014A, dated July 15, 2014 (the “Series 2014A
Bonds”), Storm Water Utility Revenue Bonds, Series 2015C, dated September 2, 2015 (the “Series
2015C Bonds”), Storm Water Utility Revenue Bonds, Series 2016E, dated July 20, 2016 (the
“Series 2016E Bonds”), Storm Water Utility Revenue Refunding Bonds, Series 2016I, dated
October 19, 2016 (the “Series 2016I Bonds”), Storm Water Utility Revenue Bonds, Series 2017E,
dated July 20, 2017 (the “Series 2017E Bonds”), Storm Water Utility Revenue Bonds, Series
2018C, dated June 28, 2018 (the “Series 2018C Bonds”), Storm Water Utility Revenue Bonds,
Series 2019C, dated June 27, 2019 (the “Series 2019C Bonds”), Storm Water Utility Revenue
Bonds, Series 2020C, dated July 1, 2020 (the “Series 2020C Bonds”), Storm Water Utility
Revenue Bonds, Series 2021C, dated June 30, 2021 (the “Series 2021C Bonds”), and Storm Water
Utility Revenue Bonds, Series 2022C, dated July 7, 2022 (the “Series 2022C Bonds” and, together
with the Series 2012D Bonds, the Series 2013A Bonds, the Series 2014A Bonds, the Series 2015C
Bonds, the Series 2016E Bonds, the Series 2016I Bonds, the Series 2017E Bonds, the Series 2018C
Bonds, the Series 2019C Bonds, the Series 2020C Bonds and the Series 2021C Bonds, the “Prior
Revenue Bonds”); and
WHEREAS, the Prior Revenue Bonds (i) were issued pursuant to resolutions duly adopted
by the Common Council on the dates, (ii) were originally issued in the amounts, and (iii) are
currently outstanding in the amounts as set follows:
SERIES RESOLUTION NO. DATE OF ADOPTION
ORIGINAL
AMOUNT
CURRENTLY
OUTSTANDING
AMOUNT
Series 2012D Bonds 12-535(1) October 23, 2012 $ 6,810,000 $3,540,000
Series 2013A Bonds 13-290(2) June 11, 2013 15,220,000 8,980,000
Series 2014A Bonds 14-277(3) June 24, 2014 8,300,000 5,285,000
Series 2015C Bonds 15-376(4) August 11, 2015 13,115,000 7,910,000
Series 2016E Bonds 16-320(5) June 28, 2016 5,175,000 3,665,000
Series 2016I Bonds 16-465(6) September 27, 2016 15,295,000 8,905,000
Series 2017E Bonds 17-329(7) June 27, 2017 9,720,000 7,685,000
Series 2018C Bonds 18-321(8) June 12, 2018 10,060,000 8,420,000
Series 2019C Bonds 19-326(9) June 11, 2019 8,060,000 7,050,000
Series 2020C Bonds 20-232(10) June 9, 2020 4,770,000 4,285,000
Series 2021C Bonds 21-307(11) June 8, 2021 7,160,000 6,695,000
Series 2022C Bonds 22-244(12) June 14, 2022 8,405,000 8,265,000
______________________________
(1) Such resolution providing for the issuance of the Series 2012D Bonds being referred to herein as the “2012D Resolution”.
(2) Such resolution providing for the issuance of the Series 2013A Bonds being referred to herein as the “2013A Resolution”.
(3) Such resolution providing for the issuance of the Series 2014A Bonds being referred to herein as the “2014A Resolution”.
(4) Such resolution providing for the issuance of the Series 2015C Bonds being referred to herein as the “2015C Resolution”.
(5) Such resolution providing for the issuance of the Series 2016E Bonds being referred to herein as the “2016E Resolution”.
(6) Such resolution providing for the issuance of the Series 2016I Bonds being referred to herein as the “2016I Resolution”.
(7) Such resolution providing for the issuance of the Series 2017E Bonds being referred to herein as the “2017E Resolution”.
(8) Such resolution providing for the issuance of the Series 2018C Bonds being referred to herein as the “2018C Resolution”.
(9) Such resolution providing for the issuance of the Series 2019C Bonds being referred to herein as the “2019C Resolution”.
(10) Such resolution providing for the issuance of the Series 2020C Bonds being referred to herein as the “2020C Resolution”
(11) Such resolution providing for the issuance of the Series 2021C Bonds being referred to herein as the “2021C Resolution”.
(12) Such resolution providing for the issuance of the Series 2022C Bonds, being referred to herein as the “2022C Resolution”
and, together with the 2012D Resolution, the 2013A Resolution, the 2014A Resolution, the 2015C Resolution, the 2016R
Resolution, the 2016I Resolution, the 2017E Resolution, the 2018C Resolution, the 2019C Resolution, the 2020C Resolution and
the 2021C Resolution, the “Prior Revenue Bond Resolutions”.
WHEREAS, the Prior Revenue Bond Provisions were incorporated and made a part of each
of the Prior Revenue Bond Resolutions with respect to each series of the Prior Revenue Bonds
issued pursuant thereto; and
WHEREAS, the Prior Revenue Bond Provisions authorize the issuance of additional bonds
on parity with the Prior Revenue Bonds upon compliance with certain provisions set forth therein;
and
WHEREAS, other than the Prior Revenue Bonds, no other bonds or obligations are
outstanding payable on a parity or with a senior lien from the revenues of the System; and
WHEREAS, it is now necessary and desirable to finance the Project through the issuance of
additional bonds on a parity with the Prior Revenue Bonds with respect to the revenues of the
System; and
WHEREAS, all conditions required by the Prior Revenue Bond Provisions for the issuance
of an additional series of parity bonds have been complied with, or will have been complied with
prior to the issuance of the revenue bonds herein authorized; and
WHEREAS, for the purpose of financing the costs of the Project and paying the costs of
issuance thereof and a deposit to the Reserve Account (as defined in the 2005 Resolution), it is
now considered desirable to authorize and sell the Storm Water Utility Revenue Bonds, Series
2023B, of the City (the “Bonds”), payable solely from revenues to be derived from the operation
of the System, which Bonds are to be authorized and issued pursuant to the provisions of Section
66.0621 of the Wisconsin Statutes, as supplemented and amended, on a parity with the Prior
Revenue Bonds; and
WHEREAS, it is further necessary to authorize the advertisement and sale of the Bonds:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh,
Winnebago County, Wisconsin, as follows:
Section 1. Incorporation of Preambles; Definitions. The Common Council hereby find
that all of the recitals contained in the preambles to this Resolution are full, true and correct and
do incorporate them into this Resolution by this reference.
In addition to those terms defined in the preambles hereto, the following terms shall have
the following meanings in this Resolution unless the text expressly or by necessary implication
requires otherwise:
“Designated Representatives” shall mean the City Manager and the Finance
Director of the City;
“Fiscal Year” shall mean the twelve (12) month period beginning on January l of
each year and ending on December 31 of the same year;
“Net Revenues” shall mean the Revenues after deduction of Operation and
Maintenance Expenses;
“Operation and Maintenance Expenses” shall mean salaries, wages, cost of
material and supplies, including routine repairs and renewals, management fees paid to
third parties, insurance and such other reasonable current expenses as shall be determined
in accordance with generally accepted accounting principles, but excluding the costs of
depreciable capital equipment, capital improvements, depreciation, debt service, debt
service reserves (including repayments with respect thereto), special assessments or
payments of or in lieu of property taxes;
“Parity Bonds” shall mean bonds payable from the Net Revenues of the System,
other than the Bonds and the Prior Revenue Bonds, issued on a parity and equality with the
Bonds and the Prior Revenue Bonds, pursuant to the restrictive provisions of Section 15 of
the 2005 Resolution;
“Resolution” shall mean this Resolution as adopted by the Common Council of the
City, as supplemented by the Bond Notification;
“Revenues” shall mean all rates, fees, charges and other income, including interest
income, received by the System from all sources (other than investment income from the
Construction Fund), but expressly excluding income from the sale of property of the Utility
(except as otherwise provided herein), collections of insurance awards or condemnation
proceeds, special assessments and other contributions in aid of construction, if any; and
“System” shall mean the storm water facilities of the City, except as otherwise
herein provided, including all real and personal property of every nature now or hereafter
owned by the City and designated by the City as being for storm water purposes, including
all improvements thereto and extensions thereof, located within or outside of the City,
while any of the Bonds remain outstanding, including all appurtenances, contracts, leases,
franchises and other intangibles.
Section 2. Authorization, Purpose and Terms of Bonds. The issuance of not to exceed
$6,055,000 aggregate principal amount of the Bonds is hereby authorized for the purpose of
financing the costs of the Project and the costs of issuance thereof, as set out in the preambles to
this Resolution.
For the purpose of financing the costs of the Projects, there shall be issued the Bonds of
the City in an aggregate principal amount not to exceed $6,055,000. The Bonds, if issued, shall
be designated “Storm Water Utility Revenue Bonds, Series 2023B” with such other series
designations and descriptions as shall be necessary to identify the Bonds as set forth in the Bond
Notification (as hereinafter defined). The Bonds may be issued in one or more series, shall be dated
the date of the issuance thereof as set forth in the Bond Notification, and shall also bear the date
of authentication by the bond registrar and paying agent (the same being the City Treasurer of the
City, the Purchaser, or a bank or trust company authorized to do business in the State as set forth
in the Bond Notification) (the “Registrar”), shall be in fully registered form, shall be of $5,000
denominations each or any integral multiple thereof (but no single Bond shall represent
installments of principal maturing on more than one date), or such other denominations as set forth
in the Bond Notification; and shall be lettered R and numbered consecutively starting with the
number one. The Bonds shall become due and payable serially or be subject to mandatory
redemption (subject to option of prior redemption as hereinafter set forth) on May 1 of each of the
years (not later than 2043), in the amounts and bearing interest at the rates per annum as set forth
in the Bond Notification, provided, however, that (i) the maximum annual debt service due on the
Bonds in any year may not exceed $550,000, and (ii) the true interest cost of the Bonds may not
exceed 5.50%. Any series of the Bonds may be issued as taxable bonds, such that the interest
thereon shall be includible in gross income of the owners thereof for federal income tax purposes
(the “Taxable Bonds”) or as tax-exempt bonds, such that the interest thereon shall be excludable
from gross income of the owners thereof for federal income tax purposes (the “Tax-Exempt
Bonds”), if so authorized under the Internal Revenue Code of 1986, as amended (the “Code”), all
as set forth in the Bond Notification for such series of the Bonds.
It is hereby found and declared that the above schedule of maturities of the Bonds is
conducive to the lowest net interest cost to the City and prudent municipal utility management.
Section 3. Interest; Payment Provisions. The Bonds shall bear interest from their date
or from the most recent interest payment date to which interest has been paid or duly provided for,
at the rates set out above, such interest (computed upon the basis of a 360-day year consisting of
twelve 30-day months) being payable on the first days of May and November of each year,
commencing on the date set forth in the Bond Notification. Interest on each Bond shall be paid by
check or draft of the Registrar to the person in whose name such Bond is registered at the close of
business on the fifteenth day of the calendar month next preceding the applicable interest payment
date. The principal of each Bond shall be payable in lawful money of the United States of America
upon presentation and surrender of such Bond at the designated office of the Registrar.
Section 4. Execution; Authentication. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the City Manager of the City and with the manual or
facsimile signature of the City Clerk of the City, and sealed with the official seal of the City or a
printed facsimile of such seal. In case any officer whose signature shall appear on any Bond shall
cease to be such officer before the delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. The Bonds may be prepared in printed or typewritten form.
All Bonds shall have thereon a certificate of authentication substantially in the form
hereinafter set forth duly executed by the Registrar as authenticating agent of the City and showing
the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to
any security or benefit under this Resolution unless and until such certificate of authentication
shall have been duly executed by the Registrar by manual signature, and such certificate of
authentication upon any such Bond shall be conclusive evidence that such Bond has been
authenticated and delivered under this Resolution. The certificate of authentication on any Bond
shall be deemed to have been executed by the Registrar if signed by the Registrar or an authorized
officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of
authentication on all of the Bonds issued under this Resolution.
Section 5. Registration of Bonds; Persons Treated as Owners. (a) The City shall cause
books (the “Bond Register”) for the registration and for the transfer of the Bonds as provided in
this Resolution to be kept at the designated office of the Registrar, which is hereby constituted and
appointed the registrar of the City with respect to the Bonds herein authorized. The City is
authorized to prepare, and the Registrar shall keep custody of, multiple Bond blanks executed by
the City for use in the transfer and exchange of Bonds.
Upon surrender for transfer of any Bond at the principal corporate trust office of the
Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in
form satisfactory to the Registrar and duly executed by, the registered owner or his or her attorney
duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and
deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the
same maturity of authorized denominations, for a like aggregate principal amount. Any fully
registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate
principal amount of Bond or Bonds of the same maturity of other authorized denominations. The
execution by the City of any fully registered Bond shall constitute full and due authorization of
such Bond and the Registrar shall thereby be authorized to authenticate, date and deliver such
Bond, provided, however, the principal amount of outstanding Bonds of each maturity
authenticated by the Registrar shall not exceed the authorized principal amount of Bonds for such
maturity less previous retirements.
The Registrar shall not be required to transfer or exchange any Bond during the period
beginning at the close of business on the 15th day of the month next preceding any interest
payment date on such Bond and ending at the opening of business on such interest payment date,
nor to transfer or exchange any Bond after notice calling such Bond for redemption has been
mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption
of any Bonds.
The person in whose name any Bond shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond
shall be made only to or upon the order of the registered owner thereof or his or her legal
representative. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Bonds, but the City or the
Registrar may require payment of a sum sufficient to cover any tax or other governmental charge
that may be imposed in connection with any transfer or exchange of Bonds except in the case of
the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption.
(b) Global Book-Entry System. The Bonds shall be initially issued in the form of a
separate single fully registered Bond for each of the maturities of the Bonds determined as
described in Section 2 hereof. Unless otherwise requested by any Purchaser, upon initial issuance,
the ownership of each such Bond shall be registered in the Bond Register in the name of Cede &
Co., or any successor thereto (“Cede”), as nominee of The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). All of the outstanding Bonds shall be
registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter
provided. The Mayor, the City Manager, the Treasurer, the Director of Finance and any other
business official of the City and the Registrar are each authorized to execute and deliver, on behalf
of the City, such letters to or agreements with DTC as shall be necessary to effectuate such book-
entry system (any such letter or agreement being referred to herein as the “Representation Letter”),
which Representation Letter may provide for the payment of principal of or interest on the Bonds
by wire transfer.
With respect to Bonds registered in the Bond Register in the name of Cede, as nominee of
DTC, the City and the Registrar shall have no responsibility or obligation to any broker-dealer,
bank or other financial institution for which DTC holds Bonds from time to time as securities
depository (each such broker-dealer, bank or other financial institution being referred to herein as
a “DTC Participant”) or to any person on behalf of whom such a DTC Participant holds an interest
in the Bonds. Without limiting the immediately preceding sentence, the City and the Registrar
shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC,
Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery
to any DTC Participant or any other person, other than a registered owner of a Bond as shown in
the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or
(iii) the payment to any DTC Participant or any other person, other than a registered owner of a
Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on
the Bonds. The City and the Registrar may treat and consider the person in whose name each
Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the
purpose of payment of principal and interest with respect to such Bond, for the purpose of giving
notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the respective registered
owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized
in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
City’s obligations with respect to payment of the principal of and interest on the Bonds to the
extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown
in the Bond Register, shall receive a Bond evidencing the obligation of the City to make payments
of principal and interest with respect to any Bond. Upon delivery by DTC to the Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede,
and subject to the provisions in Section 3 hereof with respect to the payment of interest to the
registered owners of Bonds at the close of business on the 15th day of the month next preceding
the applicable interest payment date, the name “Cede” in this resolution shall refer to such new
nominee of DTC.
In the event that (i) the City determines that DTC is incapable of discharging its
responsibilities described herein and in the Representation Letter, (ii) the agreement among the
City, the Registrar and DTC evidenced by the Representation Letter shall be terminated for any
reason or (iii) the City determines that it is in the best interests of the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC
Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer
be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At
that time, the City may determine that the Bonds shall be registered in the name of and deposited
with such other depository operating a universal book-entry system, as may be acceptable to the
City, or such depository’s agent or designee, and if the City does not select such alternate universal
book-entry system, then the Bonds may be registered in whatever name or names registered owners
of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of
Section 5(a) hereof.
Notwithstanding any other provisions of this resolution to the contrary, so long as any Bond
is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of
and interest on such Bond and all notices with respect to such Bond shall be made and given,
respectively, in the name provided in the Representation Letter.
Section 6. Prior Redemption. (a) Optional Redemption. All or a portion of the Bonds
of any series, if any, due on and after the date, if any, specified in the Bond Notification shall be
subject to redemption prior to maturity at the option of the City from any available funds, as a
whole or in part, and if in part in integral multiples of $5,000 in any order of their maturity as
determined by the City (less than all of the Bonds of a single maturity to be selected by the
Registrar), on the date specified in the Bond Notification, if any, and on any date thereafter, at the
redemption price of par plus accrued interest to the date fixed for redemption.
(b) Mandatory Redemption. The Bonds maturing on the date or dates, if any, indicated
in the Bond Notification for any series of the Bonds are subject to mandatory redemption, in
integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus
accrued interest to the redemption date for the Bonds, on May 1 of the years, if any, and in the
principal amounts, if any, as indicated in such Bond Notification.
The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced
through the earlier optional redemption thereof, with any partial optional redemptions of such
Bonds credited against future mandatory redemption requirements in such order of the mandatory
redemption dates as the City may determine. In addition, on or prior to the 60th day preceding
any mandatory redemption date, the Registrar may, and if directed by the Common Council shall,
purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so
purchased shall be cancelled and the principal amount thereof shall be credited against the
mandatory redemption required on such next mandatory redemption date.
(c) General. The Bonds shall be redeemed only in the principal amount of $5,000 and
integral multiples thereof. The City shall, at least forty-five (45) days prior to any optional
redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the
Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds
to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a
single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot
by the Registrar from the Bonds of such maturity by such method of lottery as the Registrar shall
deem fair and appropriate; provided that such lottery shall provide for the selection for redemption
of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely
to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Registrar shall
make such selection upon the earlier of the irrevocable deposit of funds with an escrow agent
sufficient to pay the redemption price of the Bonds to be redeemed or the time of the giving of
official notice of redemption.
The Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds
selected for redemption and, in the case of any Bond selected for partial redemption, the principal
amount thereof to be redeemed.
Section 7. Redemption Procedure. Unless waived by any holder of Bonds to be
redeemed, notice of the call for any such redemption shall be given by the Registrar on behalf of
the City by mailing the redemption notice by first class mail at least thirty (30) days and not more
than sixty (60) days prior to the date fixed for redemption to the registered owner of the Bond or
Bonds to be redeemed at the address shown on the Bond Register or at such other address as is
furnished in writing by such registered owner to the Registrar.
All notices of redemption shall state:
(1) the date fixed for redemption,
(2) the redemption price,
(3) if less than all outstanding Bonds are to be redeemed, the identification,
including CUSIP numbers (and, in the case of any partial redemption, the respective
principal amounts) of the Bonds to be redeemed,
(4) that on the date fixed for redemption the redemption price will become due
and payable upon each such Bond or portion thereof called for redemption, and that interest
thereon shall cease to accrue from and after said date, and
(5) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the designated office of the Registrar.
Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed at the
option of the City shall have been received by the Registrar prior to the giving of such notice of
redemption, such notice may, at the option of the City, state that said redemption shall be
conditional upon the receipt of such moneys by the Registrar on or prior to the date fixed for
redemption. If such moneys are not received, such notice shall be of no force and effect, the City
shall not redeem such Bonds, and the Registrar shall give notice, in the same manner in which the
notice of redemption shall have been given, that such moneys were not so received and that such
Bonds will not be redeemed. Otherwise, prior to any redemption date, the City shall deposit with
the Registrar an amount of money sufficient to pay the redemption price of all the Bonds or
portions of Bonds which are to be redeemed on that date.
Subject to the provisions for a conditional redemption described above, notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the City shall default in the payment of the redemption price)
such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for
redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the
redemption price. Installments of interest due on or prior to the redemption date shall be payable
as herein provided for payment of interest. Upon surrender for any partial redemption of any
Bond, there shall be prepared for the registered holder a new Bond or Bonds of the same maturity
in the amount of the unpaid principal.
If any Bond or portion of Bond called for redemption shall not be so paid upon surrender
thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the
rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been
redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued.
Section 8. Payable Solely from Net Revenues. The Bonds, the Prior Revenue Bonds and
any Parity Bonds, together with premium (if any) and interest thereon, shall be payable only out
of the Net Revenues deposited into the Storm Water Utility Special Redemption Fund as
hereinafter provided, and shall be a valid claim of the owners thereof only against the Storm Water
Utility Special Redemption Fund and from the Net Revenues pledged to the Storm Water Utility
Special Redemption Fund, and on a parity with the Prior Revenue Bonds and any Parity Bonds;
and sufficient Net Revenues are hereby pledged to the Storm Water Utility Special Redemption
Fund, and shall be used for no purpose other than to pay the principal of, premium (if any) and
interest on the Bonds, the Prior Revenue Bonds and any Parity Bonds as the same fall due.
Section 9. Form of Bonds. The Bonds, the certificate of authentication to be endorsed
thereon and the form of assignment to be endorsed thereon are all to be in substantially the
following form with necessary and appropriate variations, omissions and insertions as permitted
or required by this Resolution:
[FORM OF BOND]
[STATEMENT OF INSURANCE]
UNITED STATES OF AMERICA
STATE OF WISCONSIN
COUNTY OF WINNEBAGO
CITY OF OSHKOSH
STORM WATER UTILITY REVENUE BOND, SERIES 2023B
NO.______ $____________
RATE OF
INTEREST MATURITY DATE DATED DATE CUSIP NUMBER
_____% May 1, _____ ______________ ___________
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh, in the County of
Winnebago and the State of Wisconsin (the “City”), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner hereinabove identified, or registered
assigns as hereinafter provided, on the Maturity Date hereinabove identified, solely from the
revenues hereinafter specified, the Principal Amount hereinabove identified and from the same
source to pay interest (computed on the basis of a 360-day year consisting of twelve 30-day
months) on such Principal Amount from the date of this Bond or from the most recent interest
payment date to which interest has been paid at the Rate of Interest per annum hereinabove
identified on May 1 and November 1 of each year, commencing on ______________, until said
Principal Amount is paid, except as the provisions hereinafter set forth with respect to redemption
prior to maturity may be and become applicable hereto.
The principal of this Bond is payable in lawful money of the United States of America only
upon presentation and surrender of this Bond at the designated office of __________________, as
registrar and paying agent, or any successor thereto (the “Registrar”). Payment of each
installment of interest shall be made to the Registered Owner hereof who shall appear on the
registration books of the City maintained by the Registrar at the close of business on the fifteenth
day of the calendar month next preceding the applicable interest payment date, and shall be paid
by check or draft of the Registrar mailed to such Registered Owner at his address as it appears on
such registration books or at such other address as may be furnished in writing by such Registered
Owner to the Registrar.
This Bond is one of an authorized issue of Storm Water Utility Revenue Bonds, Series
2023B, of like date, aggregating the principal amount of $______________ (the “Bonds”) and
issued to pay the cost of constructing improvements, additions and extensions to the storm water
utility system of the City, pursuant to Article XI, Section 3 of the Wisconsin Constitution and
Section 66.0621, Wisconsin Statutes, as supplemented and amended, and is payable, together with
certain outstanding Storm Water Utility Revenue Bonds, Series 2012D, certain outstanding Storm
Water Utility Revenue Bonds, Series 2013A, certain outstanding Storm Water Utility Revenue
Bonds, Series 2014A, certain outstanding Storm Water Utility Revenue Bonds, Series 2015C,
certain outstanding Storm Water Utility Revenue Bonds, Series 2016E, certain outstanding Storm
Water Utility Revenue Refunding Bonds, Series 2016I, certain outstanding Storm Water Utility
Revenue Bonds, Series 2017E, certain outstanding Storm Water Utility Revenue Bonds, Series
2018C, certain outstanding Storm Water Utility Revenue Bonds, Series 2019C, certain outstanding
Storm Water Utility Revenue Bonds, Series 2020C, certain outstanding Storm Water Utility
Revenue Bonds, Series 2021C, and certain outstanding Storm Water Utility Revenue Bonds, Series
2022C (collectively, the “Prior Revenue Bonds”), only from the net income and revenues to be
derived from the operation of the storm water utility system of the City, which income and
revenues have been set aside as a special fund for that purpose and identified as the “Storm Water
Utility Special Redemption Fund.” This Bond is issued pursuant to a resolution adopted on April
12, 2005, a resolution adopted by the Common Council of the City on May 23, 2023 (as
supplemented by a notification of sale, the “Bond Resolution”) and the Prior Bond Resolutions
(as defined in the Bond Resolution), and does not constitute an indebtedness of the City within the
meaning of any constitutional or statutory limitation or provision. Reference is hereby made to
said resolutions for a more complete statement of the revenues from which and conditions under
which this Bond is payable, a statement of the conditions on which obligations may hereafter be
issued on a parity with this Bond, and the general covenants and provisions pursuant to which this
Bond has been issued.
[Optional and Mandatory Redemption Provisions to be inserted as applicable].
Notice of any intended redemption shall be sent by first class mail, postage prepaid, not
less than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption to
the registered owner of each Bond to be redeemed (in whole or in part) at the address shown on
the registration books of the City maintained by the Registrar or at such other address as is
furnished in writing by such registered owner to the Registrar. Such notice of optional redemption
may be conditional as provided in the Bond Resolution. When so called for redemption, this Bond,
or the portion thereof being so called for redemption, will cease to bear interest on the specified
redemption date, provided funds for redemption are on deposit at the place of payment at that time,
and shall not be deemed to be outstanding.
This Bond is transferable by the Registered Owner hereof in person or by his or her attorney
duly authorized in writing at the designated office of the Registrar, but only in the manner, subject
to the limitations and upon payment of the charges provided in the authorizing resolution, and
upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of
authorized denominations of the same maturity and interest rate and for the same aggregate
principal amount will be issued to the transferee in exchange for this Bond.
The Bonds are issuable in fully registered form in the denomination of $5,000 each or
integral multiples thereof. This Bond may be exchanged at the designated office of the Registrar
for a like aggregate principal amount of Bonds of the same maturity and interest rate of other
authorized denominations, upon the terms set forth in the authorizing resolution.
The City and the Registrar may deem and treat the Registered Owner as the absolute owner
hereof for the purpose of receiving payment of or on account of principal hereof, premium, if any,
hereon and interest due hereon and for all other purposes and neither the City nor the Registrar
shall be affected by any notice to the contrary.
It is hereby certified, recited and declared that all acts, conditions and things required to be
done, exist, happen and be performed precedent to and in the issuance of this Bond have been
done, have existed, have happened and have been performed in due time, form and manner as
required by the Constitution and the laws of the State of Wisconsin, and that sufficient of the
income and revenues to be received by the City from the operation of the storm water utility system
owned and operated by the City has been pledged to and will be set aside into a special fund for
the payment of the principal of and interest on this Bond.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF the City of Oshkosh, Winnebago County, Wisconsin, by its
Common Council, has caused this Bond to be executed with the duly authorized manual or
facsimile signature of its City Manager and with the duly authorized manual or facsimile signature
of its City Clerk and its official seal or a facsimile thereof to be impressed or reproduced hereon,
as of the Dated Date hereinabove identified.
___________________________________ _________________________________
City Clerk City Manager
[SEAL]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within mentioned Resolution, and is one of
the Storm Water Utility Revenue Bonds, Series 2023B, of the City of Oshkosh, Winnebago
County, Wisconsin.
Date of Authentication: ____________, 20__
_________________________
By _______________________________
Authorized Signatory
[Form of Bond - Reverse Side]
* * *
The following abbreviations, when used in the inscription on the face of the within Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM- as tenants in common UNIF GIFT/TRANS MIN ACT-
__________Custodian _________
(Cust) (Minor)
TEN ENT- as tenants by the entirety under Uniform Gifts/Trans to Minors
JT TEN- as joint tenants with right of
survivorship and not as
tenants in common
Act__________________________
(State)
Additional abbreviations may also be used though not listed above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
______________________________________________________________________________
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint _______________________
______________________________________________________________________________
its successor as Registrar to transfer the said Bond on the books kept for registration thereof with
full power of substitution in the premises.
Dated: _________________________
_________________________
NOTICE: The signature to this assignment must correspond with the name of the registered
owner as it appears upon the face of the within Bond in every particular, without
alteration or enlargement or any change whatever.
Signature Guaranteed: _________________________
NOTICE: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the
requirements of the Registrar, which requirements include membership or
participation in STAMP or such other “signature guaranty program” as may be
determined by the Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
* * *
Section 10. Application of Certain Provisions of the 2005 Resolution. The Bonds shall
be issued in compliance with and under authority of the provisions of the 2005 Resolution, so as
to be on a parity with the Prior Revenue Bonds. All of the provisions of Sections 12, 13, 14, 15,
16, 17, 20 and 23 of the 2005 Resolution shall be applicable to the Bonds as if said provisions were
set out in full in this Resolution, and such provisions shall continue to be so applicable until all of
the Bonds shall have been retired both as to principal and interest.
It is hereby determined that the present and future requirements of all funds and accounts
under the 2005 Resolution shall be determined from time to time by the Common Council of the
City in accordance with prudent public utility management practices and further provided, that
money in the Storm Water Utility Revenue Fund (as defined in the 2005 Resolution) shall be
deposited in the Storm Water Utility Special Redemption Fund (as defined in the 2005 Resolution)
in amounts at all times sufficient to provide for the payment when due of the principal of, premium
(if any) and interest on the Bonds and the Prior Revenue Bonds.
It is the express intent and determination of this Common Council that the amount of
money to be deposited in the Storm Water Utility Special Redemption Fund shall in any event be
sufficient to pay the interest on the Bonds, the Prior Revenue Bonds and the Parity Bonds as the
same accrues and to retire such bonds at maturity, and to provide the monthly amounts payable
into the Reserve Account, notwithstanding the distribution of revenues herein allotted to such fund
in the manner above provided.
Section 11. Prior Lien Bonds; Parity Bonds. The City will issue no bonds or obligations
of any kind or nature payable from or enjoying a lien on the revenues or the property of the System
having a priority over the Bonds, but may issue Parity Bonds on the terms and conditions set out
in Section 15 of the 2005 Resolution.
Section 12. Sale of Bonds. The Designated Representatives are hereby authorized to
proceed not later than the 23rd day of November, 2023, without any further authorization or
direction from the Council, to sell the Bonds upon the terms prescribed in this Resolution. The
Bonds hereby authorized shall be executed as in this Resolution provided as soon after the delivery
of the Bond Notification as may be, and thereupon be deposited with the City Treasurer, and, after
authentication thereof by the Bond Registrar, be by said City Treasurer delivered to the purchaser
or purchasers thereof (each, a “Purchaser”) upon receipt of the purchase price therefor, the same
being not less than 98.75% of the principal amount of the Bonds (exclusive of original issue
discount) on a series by series basis. The Purchaser or Purchasers for the Bonds shall be the best
bidder for the Bonds at a competitive sale conducted by Ehlers & Associates, Inc.
Prior to the sale of the Bonds, the Mayor, City Manager, City Treasurer or any other
business official of the City is hereby authorized to approve and execute a commitment for the
purchase of a Municipal Bond Insurance Policy (as hereinafter defined), to further secure the
Bonds, as long as the present value of the fee to be paid for the Municipal Bond Insurance Policy
(using as a discount rate the expected yield on the Bonds treating the fee paid as interest on the
Bonds) is less than the present value of the interest reasonably expected to be saved on the Bonds
over the term of the Bonds as a result of the Municipal Bond Insurance Policy.
Upon the sale of the Bonds, the Designated Representatives shall prepare a Notification of
Sale, which shall include the pertinent details of sale as provided herein (the “Bond Notification”).
In the Bond Notification, the Designated Representatives shall find and determine that the Bonds
have been sold at such price and shall have the terms as set forth therein. The Bond Notification
shall be entered into the records of the City and made available to the Common Council at the next
regular meeting thereof; but such action shall be for information purposes only, and the Common
Council shall have no right or authority at such time to approve or reject such sale as evidenced in
the Bond Notification.
Upon the sale of the Bonds, as evidenced by the execution and delivery of the Bond
Notification by the Designated Representatives, the Mayor, City Clerk, City Manager, City
Treasurer and any other officer of the City, as shall be appropriate, shall be and are hereby
authorized and directed to approve or execute, or both, such documents of sale of the Bonds as
may be necessary, including, without limitation, the contract for the sale of the Bonds between the
City and the Purchaser (the “Purchase Contract”), which may be evidenced by an executed bid
form, term sheet or other document requested by a Purchaser.
The use by the Purchaser of any Preliminary Official Statement and any final Official
Statement relating to the Bonds (the “Official Statement”) is hereby ratified, approved and
authorized; the execution and delivery of the Official Statement is hereby authorized; and the
officers of the Common Council are hereby authorized to take any action as may be required on
the part of the City to consummate the transactions contemplated by the Purchase Contract, this
Resolution, said Preliminary Official Statement, the Official Statement and the Bonds. The City
is authorized to advertise for the sale of the Bonds in any newspaper as the City shall determine.
Section 13. Disposition of Bond Proceeds. The proceeds from the sale of the Bonds along
with lawfully available funds from prior debt service reserve accounts shall be disbursed as follows
and not otherwise:
(a) Accrued interest on the Bonds, if any, shall be deposited into the Interest and
Principal Account of the Storm Water Utility Special Redemption Fund.
(b) Into the Reserve Account, an amount equal to the amount necessary to cause
the balance on deposit therein to equal the Debt Service Reserve Requirement, if any.
(c) The balance of the principal proceeds of the Bonds shall be deposited in a
special fund, and used solely for the purpose of financing the costs of the Project and paying
the costs of issuance of the Bonds.
Section 14. Federal Tax Matters. The City hereby further covenants that it will not take
any action, omit to take any action or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of the proceeds of the Tax-Exempt
Bonds) if taking, permitting or omitting to take such action would cause any of the Tax-Exempt
Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would
otherwise cause the interest on the Tax-Exempt Bonds to be included in the gross income of the
recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an
examination by the Internal Revenue Service (the “IRS”) of the exemption from Federal income
taxation for interest paid on the Tax-Exempt Bonds, under present rules, the City may be treated
as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable
manner to any inquiries from the IRS in connection with such an examination.
The City also agrees and covenants with the purchasers and holders of the Tax-Exempt
Bonds from time to time outstanding that, to the extent possible under Illinois law, it will comply
with whatever federal tax law is adopted in the future which applies to the Tax-Exempt Bonds and
affects the tax-exempt status of the Tax-Exempt Bonds.
The Common Council hereby authorizes the officials of the City responsible for issuing
the Tax-Exempt Bonds, the same being the City Manager, the City Clerk, the City
Treasurer/Finance Director, to make such further covenants and certifications regarding the
specific use of the proceeds of the Tax-Exempt Bonds as approved by the Common Council and
as may be necessary to assure that the use thereof will not cause the Tax-Exempt Bonds to be
arbitrage bonds and to assure that the interest on the Tax-Exempt Bonds will be exempt from
federal income taxation. In connection therewith, the City and the Common Council further agree:
(a) through their officers, to make such further specific covenants, representations as shall be
truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving
the Tax-Exempt Bonds and to comply with such advice as may be given; (c) to pay to the United
States, as necessary, such sums of money representing required rebates of excess arbitrage profits
relating to the Tax-Exempt Bonds; (d) to file such forms, statements, and supporting documents
as may be required and in a timely manner; and (e) if deemed necessary or advisable by their
officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist
the City in such compliance.
The City further recognizes that Section 149(a) of the Code requires the Bonds to be issued
and to remain in fully registered form in order that the interest thereon is excludible from gross
income of the owners thereof for Federal income tax purposes under laws in force at the time the
Bonds are delivered. In this connection, the City agrees that it will not take any action to permit
the Bonds to be issued in, or converted into, bearer or coupon form.
Section 15. Duties of Registrar. If requested by the Registrar, the City Manager of the
City is authorized to execute, and the City Clerk of the City is authorized to attest, and said City
Manager and City Clerk are hereby authorized to deliver, the Registrar’s standard form of
agreement between the City and the Registrar with respect to the obligations and duties of the
Registrar hereunder which shall include the following:
(a) to act as Registrar, authenticating agent, paying agent and transfer agent as
provided herein;
(b) to give notice of redemption of Bonds as provided herein;
(c) to cancel and destroy Bonds which have been paid at maturity or upon earlier
redemption or submitted for exchange or transfer;
(d) to furnish the City at least annually a certificate of destruction with respect to
Bonds cancelled and destroyed; and
(e) to furnish the City at least annually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to the interest on the Bonds.
The City Clerk of the City is hereby directed to file a certified copy of this Resolution with
the Registrar.
The City covenants that it shall at all times retain a Registrar with respect to the Bonds,
that it will maintain at the designated office of such Registrar a place or places where Bonds may
be presented for payment or registration of transfer or exchange, and that it shall require that the
Registrar properly maintain the Bond Register and perform the other duties and obligations
imposed upon it by this Resolution in a manner consistent with the standards, customs and
practices of the municipal securities industry.
The Registrar shall signify its acceptance of the duties and obligations imposed upon it by
this Resolution by executing the certificate of authentication on any Bond, and by such execution
the Registrar, shall be deemed to have certified to the City that it has all requisite power to accept
and has accepted such duties and obligations. The Registrar is the agent of the City, and shall not
be liable in connection with the performance of its duties, except for its own negligence or willful
wrongdoing. The Registrar shall, however, be responsible for any representation in its certificate
of authentication on the Bonds.
Any corporation or association into which the Registrar may be converted or merged, or
with which it may be consolidated, or to which it may sell or transfer its corporate trust business
as a whole or substantially as a whole, or any corporation or association resulting from any such
conversion, merger or consolidation to which it is a party, shall be and become successor Registrar
hereunder, and vested with all the duties, powers, discretions, immunities, privileges and all other
matters as was its predecessor, without the execution or filing of any instrument or any further act,
deed or conveyance on the part of any of the parties hereto, anything herein to the contrary
notwithstanding. Any such successor Registrar shall give notice thereof to the City and the
registered owners of the Bonds.
The Registrar may be removed at any time by the City by an instrument in writing delivered
to the Registrar.
In case the Registrar shall be removed, or shall be dissolved, or shall be in the course of
dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall
be taken under the control of any public officer or officers, or of a receiver appointed by a court, a
successor may be appointed by the City by an instrument in writing, a copy of which shall be
delivered to the retiring Registrar, the successor Registrar and the registered owners of the Bonds.
The City shall mail notice of any such appointment made by it to each registered owner of any
Bond within twenty (20) days after such appointment. Any Registrar appointed under the
provisions of this Section 14 shall be a City officer or a bank or trust company with offices in the
United States of America.
Section 16. Equality of Lien. All of the Bonds, regardless of the installment of which
they are a part and regardless of the dates of their issuance or delivery, together with the Prior
Revenue Bonds and any Additional Bonds, shall be secured equally by a pledge of the Storm Water
Utility Special Redemption Fund and the Net Revenues allocated to the Storm Water Utility
Special Redemption Fund.
Section 17. Resolution a Contract; Remedies of Owners of Bonds. The provisions of this
Resolution shall constitute a contract between the City and the owner or owners of the Bonds and
after the issuance of any of the Bonds, except as provided in Section 17 of the 2005 Resolution,
providing for modification, no change or alteration of any kind in the provisions of this Resolution
may be made until all of the Bonds shall have been paid in full as to both principal and interest.
The owners of any of the Bonds shall have the right in addition to all other rights, by
mandamus or other suit or action in any court of competent jurisdiction, to enforce his, her or their
rights against the City, the Common Council and any other authorized body to fix and collect rates
and charges fully adequate to carry out all of the provisions and agreements contained in this
Resolution, and for the appointment of a receiver for the System in the event of a default in the
payment of principal or interest.
Section 18. Continuing Disclosure Undertaking. The City Manager or the Director of
Finance/City Treasurer of the City is hereby authorized, empowered and directed to execute and
deliver the Continuing Disclosure Undertaking with respect to the Bonds (the “Continuing
Disclosure Undertaking”) in substantially the form as the individual executing the Continuing
Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to
constitute conclusive evidence of his or her approval of the form of such Continuing Disclosure
Undertaking. When the Continuing Disclosure Undertaking is executed and delivered on behalf
of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City
and the officers, employees and agents of the City, and the officers, employees and agents of the
City are hereby authorized, empowered and directed to do all such acts and things and to execute
all such documents as may be necessary to carry out and comply with the provisions of the
Continuing Disclosure Undertaking, as executed. Copies of the Continuing Disclosure
Undertaking shall be placed in the official records of the City, and shall be available for public
inspection at the offices of the City. Notwithstanding any other provision of this Resolution to the
contrary, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall
be the ability of any beneficial owner of any Bond to seek mandamus or specific performance by
court order, to cause the City to comply with its obligations under the Continuing Disclosure
Undertaking.
Section 19. Municipal Bond Insurance. In the event the payment of principal and interest
on the Bonds is insured pursuant to a municipal bond insurance policy (the “Municipal Bond
Insurance Policy”) issued by a bond insurer (the “Bond Insurer”), and as long as such Municipal
Bond Insurance Policy shall be in full force and effect, the City and the Registrar agree to comply
with such usual and reasonable provisions regarding presentment and payment of the Bonds,
subrogation of the rights of the Bondholders to the Bond Insurer upon payment of the Bonds by
the Bond Insurer, amendment hereof, or other terms, as approved by the City Manager and the
Director of Finance or the Mayor on advice of counsel, his or her approval to constitute full and
complete acceptance by the City of such terms and provisions under authority of this Section.
Section 20. Other Documents. The City Manager, the City Clerk, the City
Treasurer/Finance Director and all other officers of the City are hereby authorized to execute all
documents and certificates (including without limitation any certificate or agreement executed to
comply with Rule 15c2-12 of the Securities and Exchange Commission) and to take all actions as
may be necessary in connection with the authorization, issuance, sale and delivery of the Bonds
and the performance of the obligations of the City hereunder and to carry out and comply with the
terms of this Resolution, including without limitation the Official Statement. This Resolution and
all such documents shall be in substantially the same form contemplated by this Resolution, with
such changes as shall be approved by the officers executing this Resolution and said documents,
the execution thereof to constitute conclusive proof of such approval.
Section 21. Record-Keeping Policy and Post-Issuance Compliance Matters. On June 8,
2021, the Common Council adopted a record-keeping policy (the “Policy”) in order to maintain
sufficient records to demonstrate compliance with its covenants and expectations to ensure the
appropriate federal tax status for the debt obligations of the City, the interest on which is
excludable from “gross income” for federal income tax purposes or which enable the City or the
holder to receive federal tax benefits, including, but not limited to, qualified tax credit bonds and
other specified tax credit bonds. The Common Council and the City hereby reaffirm the Policy:
Section 22 Severability of Invalid Provisions. If any section, paragraph or provision of
this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
sections, paragraphs and provisions of this Resolution.
Section 23. Conflicting Ordinances, Resolutions and Orders Superseded. All
ordinances, resolutions or orders, or parts thereof, heretofore enacted, adopted or entered, in
conflict with the provisions of this Resolution shall be, and the same are hereby, superseded to the
extent of such conflict, and this Resolution shall be in effect from and after its passage.
Adopted May 23, 2023
Approved May 23, 2023
Recorded May 23, 2023
Mayor
City Clerk
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: Russ Van Gompel, Director of Finance
DATE: May 25, 2023
RE: Approve Resolution authorizing the issuance of not to exceed $6,405,000
aggregate principal amount of General Obligation Corporate Purpose Bonds,
Series 2023A, of the City of Oshkosh, Winnebago County, Wisconsin, for the
purpose of completing certain projects in and for the City, prescribing details of
said bonds and the form of bond, authorizing the award of said bonds to the best
bidder thereof, levying taxes, and related matters.
Approve Resolution authorizing the issuance of not to exceed $6,055,000
aggregate principal amount of Storm Water Utility Revenue Bonds, Series 2023B,
of the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects related to the City’s storm water utility
system, prescribing details of said bonds and the form of bond, providing for the
payment of said bonds and the covenants with respect thereto, authorizing the
award of said bonds to the best bidder therefor and related matters.
Approve Resolution authorizing the issuance of not to exceed $7,430,000
aggregate principal amount of Water System Revenue Bonds, Series 2023C, of
the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects related to the City’s waterworks system,
prescribing details of said bonds and the form of bond, providing for the
payment of said bonds and the covenants with respect thereto, authorizing the
award of said bonds to the best bidder therefor and related matters.
BACKGROUND
On April 25, 2023 the Common Council approved the initial borrowing resolution for the
general obligation bonds which stated the intent to borrow and authorized staff to proceed
with the preparation and documentation needed to sell the bonds. The sale of the bonds will
be completed and the final approval is needed to authorize that sale of the General Obligation
Bonds as well as the Storm Water and Water Utility Revenue Bonds. As noted in the April
Council communication, the sale of the bonds needed to occur at least 30 days after the initial
resolution was authorized, and this requirement has been satisfied.
Finance Department
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us
As is normal practice, the bonds and notes as outlined above will be offered to the public
through competitive sales estimated to occur on June 22, 2023. If all of the parameters in Pre-
Sale Report are met, the City Manager and Finance Director are authorized to complete the
sales and the terms will be finalized.
As outlined in the initial resolutions, we are separating the Utility borrowing from the General
Obligation borrowing to match the obligations with the funds that benefit from the borrowing.
This also helps manage the City’s debt burden in recognition of the regulatory limit of 5% of
Equalized Value for General Obligation Debt, and to reserve general obligation borrowing
capacity for future needs.
ANALYSIS
While we will not be able to do an exact dollar analysis of the bids until they are received,
the information below provides details of a typical tax-exempt borrowing.
Tax-Exempt Borrowing Option is traditionally the lowest cost option to obtain funds for public
use. There are certain requirements that the City must follow in executing the bonds that
include the proper use, recordkeeping, and accountability of the funds.
While market conditions and specific bidders dictate what the interest rates are, the interest
rate in the parameter cannot exceed 5.00%.
FISCAL IMPACT
The $6,405,000 of General Obligation Corporate Purpose Bonds will be paid off over twenty
years. The Storm Water System Revenue Bonds of $6,055,000 and the Water System Revenue
Bonds of $7,430,000 will be paid off over twenty years. All issues will be added to the City’s
outstanding debt obligations.
RECOMMENDATION
Staff recommends adoption of the resolutions noted above.
Respectfully Submitted, Approved:
Russ Van Gompel John Fitzpatrick
Director of Finance Assistant City Manager /
Director of Administrative Services
MAY 23, 2023 23-262 RESOLUTION
(CARRIED___7-0 _LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $7,430,000 AGGREGATE PRINCIPAL AMOUNT OF
WATER SYSTEM REVENUE BONDS, SERIES 2023C, OF THE CITY
OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, FOR THE
PURPOSE OF COMPLETING CERTAIN CAPITAL PROJECTS
RELATED TO THE CITY’S WATERWORKS SYSTEM,
PRESCRIBING DETAILS OF SAID BONDS AND THE FORM OF
BOND, PROVIDING FOR THE PAYMENT OF SAID BONDS AND
THE COVENANTS WITH RESPECT THERETO, AUTHORIZING
THE AWARD OF SAID BONDS TO THE BEST BIDDER THEREFOR
AND RELATED MATTERS
INITIATED BY: FINANCE DEPARTMENT
WHEREAS, the City of Oshkosh, Winnebago County, Wisconsin (the “City”), is a duly
organized and existing municipality incorporated and existing under the provisions of the laws of
the State of Wisconsin (the “State”); and
WHEREAS, the City owns and operates a municipal waterworks system referred to herein
as the System (as defined and described in Section 1 hereof); and
WHEREAS, the City previously determined that the City shall construct additions,
improvements, extensions, renewals or replacements to the System (the “Project”); and
WHEREAS, it has been determined previously that the Project is necessary and in the best
interest of the City; and
WHEREAS, under the provisions of Chapter 66 of the Wisconsin Statutes, as supplemented
and amended (the “Statute”), any municipality, such as the City, may, by action of its governing
body, provide for constructing, extending, adding to and improving a public utility, such as the
System, from the proceeds of obligations payable from the net income and revenues derived from
the operation of said utility; and
WHEREAS, in connection with the issuance of the City’s Water Revenue Bonds, Series
1992, dated May 1, 1992 (the “Series 1992 Bonds”), which bonds are no longer outstanding, the
Common Council of the City (the “Common Council”) duly adopted, on April 16, 1992,
Resolution Number 92-195 (the “1992 Resolution”), authorizing the issuance of the Series 1992
Bonds and providing, pursuant to Sections 12, 13, 14, 15, 16, 17, 18, 21 and 24 thereof (the
“Original Prior Senior Revenue Bonds Provisions”), among other things, for (i) the creation of
the funds and accounts to properly allocate the revenues of the System and secure the payment of
the principal of and interest on the Series 1992 Bonds, (ii) the application of the revenues of the
System among such accounts and funds, (iii) covenants of the City regarding the operation of the
System for the benefit of the holders of the Series 1992 Bonds, (iv) the issuance of bonds on a
parity with the Series 1992 Bonds, (v) the equality of lien of bonds issued payable from the
revenues of the System, (vi) limitations on the modification of the 1992 Resolution, (vii) the
remedies of the holders of the Series 1992 Bonds, and (viii) authorizing the defeasance of the
Series 1992 Bonds; and
WHEREAS, in connection with the issuance of the City’s Refunding Water Revenue Bonds,
Series 1996, dated January 1, 1996, which bonds are no longer outstanding, the Common Council
duly adopted, on December 19, 1995, Resolution Number 95-444 (the “1995 Resolution”), which,
among other things, modified the Original Prior Senior Revenue Bonds Provisions with respect to
the definition of “Minimum Debt Service Reserve Requirement” (the Original Prior Senior
Revenue Bonds Provisions as modified by the 1995 Resolution being referred to herein as the
“Prior Senior Revenue Bond Provisions”); and
WHEREAS, the City has heretofore issued and has outstanding its Water System Revenue
Bonds, Series 2012F, dated November 15, 2012 (the “Series 2012F Bonds”), Water System
Revenue Bonds, Series 2013E, dated December 11, 2013 (the “Series 2013E Bonds”), Water
System Revenue Bonds, Series 2014E, dated November 19, 2014 (the “Series 2014E Bonds”),
Water System Revenue Bonds, Series 2015E, dated September 15, 2015 (the “Series 2015E
Bonds”), Water System Revenue Refunding Bonds, Series 2016F, dated July 20, 2016 (the
“Series 2016F Bonds”), Water System Revenue Refunding Bonds, Series 2016G, dated October
6, 2016 (the “Series 2016G Bonds”), Water System Revenue Bonds, Series 2017C, dated July 6,
2017 (the “Series 2017C Bonds”), Water System Revenue Bonds, Series 2019D, dated July 16,
2019 (the “Series 2019D Bonds”), Water System Revenue Bonds, Series 2020D, dated July 16,
2020 (the “Series 2020D Bonds”), Water System Revenue Bonds, Series 2021D, dated July 14,
2021 (the “Series 2021D Bonds”), Water System Revenue Refunding Bonds, Series 2021G, dated
November 18, 2021 (the “Series 2021G Bonds”), and Water System Revenue Bonds, Series
2022D, dated July 21, 2022 (the “Series 2022D Bonds” and, together with the Series 2013E
Bonds, the Series 2014E Bonds, the Series 2015E Bonds, the Series 2016F Bonds, the Series
2016G Bonds, the Series 2017C Bonds, the Series 2019D Bonds, the Series 2020D Bonds, the
Series 2021D Bonds and the Series 2022D Bonds, the “Prior Senior Revenue Bonds”); and
WHEREAS, the Prior Senior Revenue Bonds (i) were issued pursuant to resolutions duly
adopted by the Common Council on the dates, (ii) were originally issued in the amounts, and (iii)
are currently outstanding in the amounts as follows:
SERIES RESOLUTION NO. DATE OF ADOPTION
ORIGINAL
AMOUNT
CURRENTLY
OUTSTANDING
AMOUNT
Series 2013E Bonds 13-478(1) October 22, 2013 $ 3,785,000 $1,570,000
Series 2014E Bonds 14-477(2) October 28, 2014 3,795,000 1,620,000
Series 2015E Bonds 15-401(3) August 25, 2015 6,660,000 4,540,000
Series 2016F Bonds 16-321(4) June 28, 2016 6,835,000 4,795,000
Series 2016G Bonds 16-453(5) September 13, 2016 11,690,000 4,585,000
Series 2017C Bonds 17-298(6) June 13, 2017 8,880,000 6,470,000
Series 2019D Bonds 19-354(7) June 25, 2019 8,220,000 6,105,000
Series 2020D Bonds 20-269(8) June 23, 2020 5,525,000 4,910,000
Series 2021D Bonds 21-331(9) June 22, 2021 5,605,000 5,175,000
Series 2021G Bonds 21-493(10) September 28, 2021 2,755,000 2,755,000
Series 2022D Bonds 22-273(11) June 28, 2022 8,315,000 8,315,000
______________________________
(1) Such resolution, as supplemented by Resolution No. 13-478 adopted by the Common Council on October 22, 2013, providing
for the issuance of the Series 2013E Bonds being referred to herein as the “2013E Resolution”.
(2) Such resolution providing for the issuance of the Series 2014E Bonds being referred to herein as the “2014E Resolution”.
(3) Such resolution providing for the issuance of the Series 2015E Bonds being referred to herein as the “2015E Resolution”.
(4) Such resolution providing for the issuance of the Series 2016F Bonds being referred to herein as the “2016F Resolution”.
(5) Such resolution, as supplemented by Resolution No. 16-453 adopted by the Common Council on September 13, 2016, providing
for the issuance of the Series 2016G Bonds being referred to herein as the “2016G Resolution”.
(6) Such resolution providing for the issuance of the Series 2017C Bonds being referred to herein as the “2017C Resolution”.
(7) Such resolution providing for the issuance of the Series 2019D Bonds being referred to herein as the “2019D Resolution”.
(8) Such resolution providing for the issuance of the Series 2020D Bonds being referred to herein as the “2020D Resolution”.
(9) Such resolution providing for the issuance of the Series 2021D Bonds being referred to herein as the “2021D Resolution”.
(10) Such resolution, as supplemented by a notification of sale, providing for the issuance of the Series 2021G Bonds being
referred to herein as the “2021G Resolution”.
(11) Such resolution providing for the issuance of the Series 2022D Bonds being referred to herein as the “2022D Resolution”,
and, together with the 2013E Resolution, the 2014E Resolution, the 2015E Resolution, the 2016F Resolution, the 2016G
Resolution, the 2017C Resolution, the 2019D Resolution, the 2020D Resolution, the 2021D Resolution, and the 2021G
Resolution, the “Prior Senior Revenue Bond Resolutions”.
WHEREAS, the Prior Senior Revenue Bond Provisions were incorporated and made a part
of each of the Prior Senior Revenue Bond Resolutions with respect to each series of the Prior
Senior Revenue Bonds issued pursuant thereto; and
WHEREAS, the Prior Senior Revenue Bond Provisions authorize the issuance of additional
bonds on parity with the Prior Senior Revenue Bonds upon compliance with certain provisions set
forth therein; and
WHEREAS, other than the Prior Senior Revenue Bonds, no other bonds or obligations are
outstanding payable on a parity with the Prior Senior Revenue Bonds or with a lien senior to the
lien of the Prior Senior Revenue Bonds from the revenues of the System; and
WHEREAS, the City has heretofore issued and has outstanding its Water System Revenue
Bonds, Series 2008, dated December 10, 2008 (the “Junior Lien Revenue Bonds”); and
WHEREAS, the Junior Lien Revenue Bonds were issued pursuant to Resolution No. 98-434
adopted by the Common Council on November 25, 2008 (the “Junior Lien Revenue Bond
Resolution”), were originally outstanding in the amount of $7,287,777 and are currently
outstanding in the amount of $2,247,883; and
WHEREAS, the Junior Lien Revenue Bond Resolution authorizes the issuance of bonds
payable from the revenues of the System superior to the lien on the Junior Lien Revenue Bonds
upon compliance with the provisions of Section 11(b) of the Junior Lien Revenue Bond Resolution
(the “Junior Lien Additional Bond Provisions”); and
WHEREAS, it is now necessary and desirable to finance the costs of the Project through the
issuance of additional bonds on parity with the Prior Senior Revenue Bonds and senior to the
Junior Lien Revenue Bonds with respect to the revenues of the System; and
WHEREAS, all conditions required by the Prior Senior Revenue Bond Provisions and the
Junior Lien Additional Bond Provisions for the issuance of an additional series of bonds on parity
with the Prior Senior Revenue Bonds and senior to the Junior Lien Revenue Bonds have been
complied with, or will have been complied with prior to the issuance of the revenue bonds herein
authorized; and
WHEREAS, for the purpose of financing the costs of the Project and paying the costs of
issuance thereof and a deposit to the Reserve Account (as defined in the 1992 Resolution, as
modified by the 1995 Resolution), it is now considered desirable to authorize and sell the Water
System Revenue Bonds, Series 2023C, of the City (the “Bonds”), payable solely from revenues
to be derived from the operation of the System, which Bonds are to be authorized and issued
pursuant to the provisions of Section 66.0621 of the Wisconsin Statutes, as supplemented and
amended, on a parity with the Prior Senior Revenue Bonds; and
WHEREAS, it is further necessary to authorize the advertisement and sale of the Bonds:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh,
Winnebago County, Wisconsin, as follows:
Section 1. Incorporation of Preambles; Definitions. The Common Council hereby find
that all of the recitals contained in the preambles to this Resolution are full, true and correct and
do incorporate them into this Resolution by this reference.
In addition to those terms defined in the preambles hereto, the following terms shall have
the following meanings in this Resolution unless the text expressly or by necessary implication
requires otherwise:
“Current Expenses” shall mean the reasonable and necessary cost of operating,
maintaining, administering and repairing the System, including water at wholesale,
salaries, wages, cost of materials and supplies, insurance and audits, but shall exclude
depreciation, debt service, tax equivalents, replacements and capital expenditures;
“Designated Representatives” shall mean the City Manager and the Finance
Director of the City;
“Fiscal Year” shall mean the twelve (12) month period beginning on January l of
each year and ending on December 31 of the same year;
“Net Revenues” shall mean gross earnings of the System after the deduction of
Current Expenses;
“Parity Bonds” shall mean bonds payable from the revenues of the System, other
than the Bonds and the Prior Senior Revenue Bonds, issued on a parity and equality with
the Bonds and the Prior Senior Revenue Bonds, pursuant to the restrictive provisions of
the Prior Senior Revenue Bond Provisions;
“Resolution” shall mean this Resolution as adopted by the Common Council of the
City, as supplemented by the Bond Notification;
“System” shall mean the entire waterworks system of the City, including all
waterworks property of every nature now or hereafter owned by the City, including all
improvements and extensions thereto made by the City while any of the Bonds, the Prior
Senior Revenue Bonds and the Parity Bonds remain outstanding, including all real and
personal property of every nature comprising part of or used or useful in connection with
such waterworks system and including all appurtenances, contracts, leases, franchises and
other intangibles.
Section 2. Authorization, Purpose and Terms of Bonds. The issuance of not to exceed
$7,430,000 aggregate principal amount of the Bonds is hereby authorized for the purpose of
financing the costs of the Project and the costs of issuance thereof, as set out in the preambles to
this Resolution.
For the purpose of financing the costs of the Projects, there shall be issued the Bonds of
the City in an aggregate principal amount not to exceed $7,430,000. The Bonds, if issued, shall
be designated “Water System Revenue Bonds, Series 2023C” with such other series designations
and descriptions as shall be necessary to identify the Bonds as set forth in the Bond Notification
(as hereinafter defined). The Bonds may be issued in one or more series, shall be dated the date of
the issuance thereof as set forth in the Bond Notification, and shall also bear the date of
authentication by the bond registrar and paying agent (the same being the City Treasurer of the
City, the Purchaser, or a bank or trust company authorized to do business in the State as set forth
in the Bond Notification) (the “Registrar”), shall be in fully registered form, shall be of $5,000
denominations each or any integral multiple thereof (but no single Bond shall represent
installments of principal maturing on more than one date), or such other denominations as set forth
in the Bond Notification; and shall be lettered R and numbered consecutively starting with the
number one. The Bonds shall become due and payable serially or be subject to mandatory
redemption (subject to option of prior redemption as hereinafter set forth) on January 1 of each of
the years (not later than 2043), in the amounts and bearing interest at the rates per annum as set
forth in the Bond Notification, provided, however, that (i) the maximum annual debt service due
on the Bonds in any year may not exceed $650,000, and (ii) the true interest cost of the Bonds may
not exceed 5.00%. Any series of the Bonds may be issued as taxable bonds, such that the interest
thereon shall be includible in gross income of the owners thereof for federal income tax purposes
(the “Taxable Bonds”) or as tax-exempt bonds, such that the interest thereon shall be excludable
from gross income of the owners thereof for federal income tax purposes (the “Tax-Exempt
Bonds”), if so authorized under the Internal Revenue Code of 1986, as amended (the “Code”), all
as set forth in the Bond Notification for such series of the Bonds.
It is hereby found and declared that the above schedule of maturities of the Bonds is
conducive to the lowest net interest cost to the City and prudent municipal utility management.
Section 3. Interest; Payment Provisions. The Bonds shall bear interest from their date
or from the most recent interest payment date to which interest has been paid or duly provided for,
at the rates set out above, such interest (computed upon the basis of a 360-day year consisting of
twelve 30-day months) being payable on the first days of January and July of each year,
commencing on the date set forth in the Bond Notification. Interest on each Bond shall be paid by
check or draft of the Registrar to the person in whose name such Bond is registered at the close of
business on the fifteenth day of the calendar month immediately preceding the applicable interest
payment date. The principal of each Bond shall be payable in lawful money of the United States
of America upon presentation and surrender of such Bond at the designated office of the Registrar.
Section 4. Execution; Authentication. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the City Manager of the City and with the manual or
facsimile signature of the City Clerk of the City, and sealed with the official seal of the City or a
printed facsimile of said seal. In case any officer whose signature shall appear on any Bond shall
cease to be such officer before the delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. The Bonds may be prepared in printed or typewritten form.
All Bonds shall have thereon a certificate of authentication substantially in the form
hereinafter set forth duly executed by the Registrar as authenticating agent of the City and showing
the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to
any security or benefit under this Resolution unless and until such certificate of authentication
shall have been duly executed by the Registrar by manual signature, and such certificate of
authentication upon any such Bond shall be conclusive evidence that such Bond has been
authenticated and delivered under this Resolution. The certificate of authentication on any Bond
shall be deemed to have been executed by the Registrar if signed by an authorized officer of the
Registrar, but it shall not be necessary that the same officer sign the certificate of authentication
on all of the Bonds issued under this Resolution.
Section 5. Registration of Bonds; Persons Treated as Owners. (a) The City shall cause
books (the “Bond Register”) for the registration and for the transfer of the Bonds as provided in
this Resolution to be kept at the designated office of the Registrar, which is hereby constituted and
appointed the registrar of the City with respect to the Bonds herein authorized. The City is
authorized to prepare, and the Registrar shall keep custody of, multiple Bond blanks executed by
the City for use in the transfer and exchange of Bonds.
Upon surrender for transfer of any Bond at the principal corporate trust office of the
Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in
form satisfactory to the Registrar and duly executed by, the registered owner or his or her attorney
duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and
deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the
same maturity of authorized denominations, for a like aggregate principal amount. Any fully
registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate
principal amount of Bond or Bonds of the same maturity of other authorized denominations. The
execution by the City of any fully registered Bond shall constitute full and due authorization of
such Bond and the Registrar shall thereby be authorized to authenticate, date and deliver such
Bond, provided, however, the principal amount of outstanding Bonds of each maturity
authenticated by the Registrar shall not exceed the authorized principal amount of Bonds for such
maturity less previous retirements.
The Registrar shall not be required to transfer or exchange any Bond during the period
beginning at the close of business on the 15th day of the month next preceding any interest
payment date on such Bond and ending at the opening of business on such interest payment date,
nor to transfer or exchange any Bond after notice calling such Bond for redemption has been
mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption
of any Bonds.
The person in whose name any Bond shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond
shall be made only to or upon the order of the registered owner thereof or his or her legal
representative. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Bonds, but the City or the
Registrar may require payment of a sum sufficient to cover any tax or other governmental charge
that may be imposed in connection with any transfer or exchange of Bonds except in the case of
the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption.
(b) Global Book-Entry System. The Bonds shall be initially issued in the form of a
separate single fully registered Bond for each of the maturities of the Bonds determined as
described in Section 2 hereof. Unless otherwise requested by any Purchaser, upon initial issuance,
the ownership of each such Bond shall be registered in the Bond Register in the name of Cede &
Co., or any successor thereto (“Cede”), as nominee of The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). All of the outstanding Bonds shall be
registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter
provided. The Mayor, the City Manager, the Treasurer, the Director of Finance and any other
business official of the City and the Registrar are each authorized to execute and deliver, on behalf
of the City, such letters to or agreements with DTC as shall be necessary to effectuate such book-
entry system (any such letter or agreement being referred to herein as the “Representation Letter”),
which Representation Letter may provide for the payment of principal of or interest on the Bonds
by wire transfer.
With respect to Bonds registered in the Bond Register in the name of Cede, as nominee of
DTC, the City and the Registrar shall have no responsibility or obligation to any broker-dealer,
bank or other financial institution for which DTC holds Bonds from time to time as securities
depository (each such broker-dealer, bank or other financial institution being referred to herein as
a “DTC Participant”) or to any person on behalf of whom such a DTC Participant holds an interest
in the Bonds. Without limiting the immediately preceding sentence, the City and the Registrar
shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC,
Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery
to any DTC Participant or any other person, other than a registered owner of a Bond as shown in
the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or
(iii) the payment to any DTC Participant or any other person, other than a registered owner of a
Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on
the Bonds. The City and the Registrar may treat and consider the person in whose name each
Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the
purpose of payment of principal and interest with respect to such Bond, for the purpose of giving
notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the respective registered
owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized
in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
City’s obligations with respect to payment of the principal of and interest on the Bonds to the
extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown
in the Bond Register, shall receive a Bond evidencing the obligation of the City to make payments
of principal and interest with respect to any Bond. Upon delivery by DTC to the Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede,
and subject to the provisions in Section 3 hereof with respect to the payment of interest to the
registered owners of Bonds at the close of business on the 15th day of the month next preceding
the applicable interest payment date, the name “Cede” in this resolution shall refer to such new
nominee of DTC.
In the event that (i) the City determines that DTC is incapable of discharging its
responsibilities described herein and in the Representation Letter, (ii) the agreement among the
City, the Registrar and DTC evidenced by the Representation Letter shall be terminated for any
reason or (iii) the City determines that it is in the best interests of the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC
Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer
be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At
that time, the City may determine that the Bonds shall be registered in the name of and deposited
with such other depository operating a universal book-entry system, as may be acceptable to the
City, or such depository’s agent or designee, and if the City does not select such alternate universal
book-entry system, then the Bonds may be registered in whatever name or names registered owners
of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of
Section 5(a) hereof.
Notwithstanding any other provisions of this resolution to the contrary, so long as any Bond
is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of
and interest on such Bond and all notices with respect to such Bond shall be made and given,
respectively, in the name provided in the Representation Letter.
Section 6. Prior Redemption. (a) Optional Redemption. All or a portion of the Bonds
of any series, if any, due on and after the date, if any, specified in the Bond Notification shall be
subject to redemption prior to maturity at the option of the City from any available funds, as a
whole or in part, and if in part in integral multiples of $5,000 in any order of their maturity as
determined by the City (less than all of the Bonds of a single maturity to be selected by the
Registrar), on the date specified in the Bond Notification, if any, and on any date thereafter, at the
redemption price of par plus accrued interest to the date fixed for redemption.
(b) Mandatory Redemption. The Bonds maturing on the date or dates, if any, indicated
in the Bond Notification for any series of the Bonds are subject to mandatory redemption, in
integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus
accrued interest to the redemption date for the Bonds, on January 1 of the years, if any, and in the
principal amounts, if any, as indicated in such Bond Notification.
The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced
through the earlier optional redemption thereof, with any partial optional redemptions of such
Bonds credited against future mandatory redemption requirements in such order of the mandatory
redemption dates as the City may determine. In addition, on or prior to the 60th day preceding
any mandatory redemption date, the Registrar may, and if directed by the Common Council shall,
purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so
purchased shall be cancelled and the principal amount thereof shall be credited against the
mandatory redemption required on such next mandatory redemption date.
(c) General. The Bonds shall be redeemed only in the principal amount of $5,000 and
integral multiples thereof. The City shall, at least forty-five (45) days prior to any optional
redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the
Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds
to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a
single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot
by the Registrar from the Bonds of such maturity by such method of lottery as the Registrar shall
deem fair and appropriate; provided that such lottery shall provide for the selection for redemption
of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely
to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Registrar shall
make such selection upon the earlier of the irrevocable deposit of funds with an escrow agent
sufficient to pay the redemption price of the Bonds to be redeemed or the time of the giving of
official notice of redemption.
The Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds
selected for redemption and, in the case of any Bond selected for partial redemption, the principal
amount thereof to be redeemed.
Section 7. Redemption Procedure. Unless waived by any holder of Bonds to be
redeemed, notice of the call for any such redemption shall be given by the Registrar on behalf of
the City by mailing the redemption notice by first class mail at least thirty (30) days and not more
than sixty (60) days prior to the date fixed for redemption to the registered owner of the Bond or
Bonds to be redeemed at the address shown on the Bond Register or at such other address as is
furnished in writing by such registered owner to the Registrar.
All notices of redemption shall state:
(1) the date fixed for redemption,
(2) the redemption price,
(3) if less than all outstanding Bonds are to be redeemed, the identification,
including CUSIP numbers (and, in the case of any partial redemption, the respective
principal amounts) of the Bonds to be redeemed,
(4) that on the date fixed for redemption the redemption price will become due
and payable upon each such Bond or portion thereof called for redemption, and that interest
thereon shall cease to accrue from and after said date, and
(5) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the designated office of the Registrar.
Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed at the
option of the City shall have been received by the Registrar prior to the giving of such notice of
redemption, such notice may, at the option of the City, state that said redemption shall be
conditional upon the receipt of such moneys by the Registrar on or prior to the date fixed for
redemption. If such moneys are not received, such notice shall be of no force and effect, the City
shall not redeem such Bonds, and the Registrar shall give notice, in the same manner in which the
notice of redemption shall have been given, that such moneys were not so received and that such
Bonds will not be redeemed. Otherwise, prior to any redemption date, the City shall deposit with
the Registrar an amount of money sufficient to pay the redemption price of all the Bonds or
portions of Bonds which are to be redeemed on that date.
Subject to the provisions for a conditional redemption described above, notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein specified,
and from and after such date (unless the City shall default in the payment of the redemption price)
such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for
redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the
redemption price. Installments of interest due on or prior to the redemption date shall be payable
as herein provided for payment of interest. Upon surrender for any partial redemption of any
Bond, there shall be prepared for the registered holder a new Bond or Bonds of the same maturity
in the amount of the unpaid principal.
If any Bond or portion of Bond called for redemption shall not be so paid upon surrender
thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the
rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been
redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued.
Section 8. Payable Solely from Net Revenues. The Bonds, the Prior Senior Revenue
Bonds and any Parity Bonds, together with premium (if any) and interest thereon, shall be payable
only out of the Water Utility Special Redemption Fund as hereinafter provided, and shall be a valid
claim of the owners thereof only against the Water Utility Special Redemption Fund and from the
Net Revenues pledged to such fund, and on a parity with the Prior Senior Revenue Bonds; and
sufficient revenues are hereby pledged to the Water Utility Special Redemption Fund, and shall be
used for no purpose other than to pay the principal of, premium (if any) and interest on the Bonds,
the Prior Senior Revenue Bonds and any Parity Bonds as the same fall due.
Section 9. Form of Bonds. The Bonds, the certificate of authentication to be endorsed
thereon and the form of assignment to be endorsed thereon are all to be in substantially the
following forms with necessary and appropriate variations, omissions and insertions as permitted
or required by this Resolution:
[FORM OF BOND]
UNITED STATES OF AMERICA
STATE OF WISCONSIN
COUNTY OF WINNEBAGO
CITY OF OSHKOSH
WATER SYSTEM REVENUE BOND, SERIES 2023C
NO.______ $____________
RATE OF
INTEREST MATURITY DATE DATED DATE CUSIP NUMBER
_____% January 1, 20__ ____________
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh, in the County of
Winnebago and the State of Wisconsin (the “City”), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner hereinabove identified, or registered
assigns as hereinafter provided, on the Maturity Date hereinabove identified, solely from the
revenues hereinafter specified, the Principal Amount hereinabove identified and from the same
source to pay interest (computed on the basis of a 360-day year consisting of twelve 30-day
months) on such Principal Amount from the date of this Bond or from the most recent interest
payment date to which interest has been paid at the Rate of Interest per annum hereinabove
identified on January 1 and July 1 of each year, commencing on ______________, until said
Principal Amount is paid, except as the provisions hereinafter set forth with respect to redemption
prior to maturity may be and become applicable to this Bond.
The principal of this Bond is payable in lawful money of the United States of America only
upon presentation and surrender of this Bond at the designated office of the
________________________, as registrar and paying agent, or any successor thereto (the
“Registrar”). Payment of each installment of interest shall be made to the Registered Owner
hereof who shall appear on the registration books of the City maintained by the Registrar at the
close of business on the fifteenth day of the calendar month next preceding the applicable interest
payment date, and shall be paid by check or draft of the Registrar mailed to such Registered Owner
at his address as it appears on such registration books or at such other address as may be furnished
in writing by such Registered Owner to the Registrar.
This Bond is one of an authorized issue of Water System Revenue Bonds, Series 2023C,
of like date, aggregating the principal amount of $____________ (the “Bonds”) and issued to pay
the cost of financing additions to, extensions of and improvements to the waterworks system of
the City, pursuant to Article XI, Section 3 of the Wisconsin Constitution and Section 66.0621,
Wisconsin Statutes, as supplemented and amended, and a resolution adopted by the Common
Council of the City (the “Common Council”) on May 23, 2023 (as supplemented by a notification
of sale, the “Bond Resolution”), and is payable, together with the Prior Senior Revenue Bonds (as
defined in the Bond Resolution), only from the net income and revenues to be derived from the
operation of said waterworks system of the City, which net income and revenues have been set
aside as a special fund for that purpose and identified as the “Water Utility Special Redemption
Fund.” This Bond is issued pursuant to resolutions adopted by the Common Council on April 16,
1992 and December 19, 1995, the Bond Resolution, and the Prior Senior Revenue Bond
Resolutions (as defined in the Bond Resolution), and does not constitute an indebtedness of the
City within the meaning of any constitutional or statutory limitation or provision. Reference is
hereby made to said resolutions for a more complete statement of the revenues from which and
conditions under which this Bond is payable, a statement of the conditions on which obligations
may hereafter be issued on a parity with this Bond, and the general covenants and provisions
pursuant to which this Bond has been issued.
[Optional and Mandatory Redemption Provisions to be inserted as applicable].
Notice of any intended redemption shall be sent by first class mail, postage prepaid, not
less than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption to
the registered owner of each Bond to be redeemed (in whole or in part) at the address shown on
the registration books of the City maintained by the Registrar or at such other address as is
furnished in writing by such registered owner to the Registrar. Such notice of optional redemption
may be conditional as provided in the Bond Resolution. When so called for redemption, this Bond,
or the portion thereof being so called for redemption, will cease to bear interest on the specified
redemption date, provided funds for redemption are on deposit at the place of payment at that time,
and shall not be deemed to be outstanding.
This Bond is transferable by the Registered Owner hereof in person or by his attorney duly
authorized in writing at the designated office of the Registrar, but only in the manner, subject to
the limitations and upon payment of the charges provided in the authorizing resolution, and upon
surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized
denominations of the same maturity and interest rate and for the same aggregate principal amount
will be issued to the transferee in exchange for this Bond.
The Bonds are issuable in fully registered form in the denomination of $5,000 each or
integral multiples thereof. This Bond may be exchanged at the designated office of the Registrar
for a like aggregate principal amount of Bonds of the same maturity and interest rate of other
authorized denominations, upon the terms set forth in the authorizing resolution.
The City and the Registrar may deem and treat the Registered Owner as the absolute owner
hereof for the purpose of receiving payment of or on account of principal hereof, premium, if any,
hereon and interest due hereon and for all other purposes and neither the City nor the Registrar
shall be affected by any notice to the contrary.
It is hereby certified, recited and declared that all acts, conditions and things required to be
done, exist, happen and be performed precedent to and in the issuance of this Bond have been
done, have existed, have happened and have been performed in due time, form and manner as
required by the Constitution and the laws of the State of Wisconsin, and that sufficient of the net
income and revenues to be received by the City from the operation of the waterworks system
owned and operated by the City has been pledged to and will be set aside into a special fund for
the payment of the principal of and interest on this Bond.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF the City of Oshkosh, Winnebago County, Wisconsin, by its
Common Council, has caused this Bond to be executed with the duly authorized manual or
facsimile signature of its City Manager and with the duly authorized manual or facsimile signature
of its City Clerk and its official seal or a facsimile thereof to be impressed or reproduced hereon,
as of the Dated Date hereinabove identified.
___________________________________ _________________________________
City Clerk City Manager
[SEAL]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within mentioned Resolution, and is one of
the Water System Revenue Bonds, Series 2023C, of the City of Oshkosh, Winnebago County,
Wisconsin.
Date of Authentication: _______________, 2023
_________________________
By _______________________________
Authorized Signatory
* * *
The following abbreviations, when used in the inscription on the face of the within Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM — as tenants in common
TEN ENT — as tenants by the entirety
JT TEN — as joint tenants with right of
survivorship and not as
tenants in common
UNIF GIFT/TRANS MIN ACT-
_____________ Custodian ______________
(Cust) (Minor)
under Uniform Gifts/Trans to Minors Act
____________________________________
(State)
Additional abbreviations may also be used though not listed above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________________
______________________________________________________________________________
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint _______________________
______________________________________________________________________________
its successor as Registrar to transfer the said Bond on the books kept for registration thereof with
full power of substitution in the premises.
Dated: _________________________
_________________________
NOTICE: The signature to this assignment must correspond with the name of the registered
owner as it appears upon the face of the within Bond in every particular, without
alteration or enlargement or any change whatever.
Signature Guaranteed: _________________________
NOTICE: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the
requirements of the Registrar, which requirements include membership or
participation in STAMP or such other “signature guaranty program” as may be
determined by the Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
Section 10. Application of Certain Provisions of the 1992 Resolution and the 1995
Resolution. The Bonds shall be issued in compliance with and under authority of the provisions
of the 1992 Resolution, the 1995 Resolution and the Prior Senior Revenue Bond Resolutions, so
as to be on a parity with the Prior Senior Revenue Bonds. All of the Prior Senior Revenue Bond
Provisions, specifically Sections 12, 13, 14, 15, 16, 17, 18, 21 and 24 of the 1992 Resolution and
Section 10 of the 1995 Resolution, shall be applicable to the Bonds as if said provisions were set
out in full in this Resolution, and such provisions shall continue to be so applicable until all of the
Bonds shall have been retired both as to principal and interest.
It is hereby determined that the present and future requirements of all funds and accounts
under the 1992 Resolution shall be determined from time to time by the Common Council of the
City in accordance with prudent public utility management practices and further provided, that
money in the Water Utility Revenue Fund shall be deposited in the Water Utility Special
Redemption Fund in amounts at all times sufficient to provide for the payment when due of the
principal of, premium (if any) and interest on the Bonds, the Prior Senior Revenue Bonds and the
Parity Bonds.
It is the express intent and determination of this Common Council that the amount of
money to be deposited in the Water Utility Special Redemption Fund shall in any event be
sufficient to pay the interest on the Bonds, the Prior Senior Revenue Bonds and the Parity Bonds
as the same accrues and to retire such bonds at maturity, and to provide the monthly amounts
payable into the Reserve Account, notwithstanding the distribution of revenues herein allotted to
such fund in the manner above provided.
Section 11. Prior Lien Bonds; Parity Bonds. The City will issue no bonds or obligations
of any kind or nature payable from or enjoying a lien on the revenues or the property of the System
having a priority over the Bonds, but may issue Parity Bonds on the terms and conditions set out
in Section 16 of the 1992 Resolution.
Section 12. Sale of Bonds. The Designated Representatives are hereby authorized to
proceed not later than the 23rd day of November, 2023, without any further authorization or
direction from the Council, to sell the Bonds upon the terms prescribed in this Resolution. The
Bonds hereby authorized shall be executed as in this Resolution provided as soon after the delivery
of the Bond Notification as may be, and thereupon be deposited with the City Treasurer, and, after
authentication thereof by the Bond Registrar, be by said City Treasurer delivered to the purchaser
or purchasers thereof (each, a “Purchaser”) upon receipt of the purchase price therefor, the same
being not less than 98.75% of the principal amount of the Bonds (exclusive of original issue
discount) on a series by series basis. The Purchaser or Purchasers for the Bonds shall be the best
bidder for the Bonds at a competitive sale conducted by Ehlers & Associates, Inc.
Prior to the sale of the Bonds, the Mayor, City Manager, City Treasurer or any other
business official of the City is hereby authorized to approve and execute a commitment for the
purchase of a Municipal Bond Insurance Policy (as hereinafter defined), to further secure the
Bonds, as long as the present value of the fee to be paid for the Municipal Bond Insurance Policy
(using as a discount rate the expected yield on the Bonds treating the fee paid as interest on the
Bonds) is less than the present value of the interest reasonably expected to be saved on the Bonds
over the term of the Bonds as a result of the Municipal Bond Insurance Policy.
Upon the sale of the Bonds, the Designated Representatives shall prepare a Notification of
Sale, which shall include the pertinent details of sale as provided herein (the “Bond Notification”).
In the Bond Notification, the Designated Representatives shall find and determine that the Bonds
have been sold at such price and shall have the terms as set forth therein. The Bond Notification
shall be entered into the records of the City and made available to the Common Council at the next
regular meeting thereof; but such action shall be for information purposes only, and the Common
Council shall have no right or authority at such time to approve or reject such sale as evidenced in
the Bond Notification.
Upon the sale of the Bonds, as evidenced by the execution and delivery of the Bond
Notification by the Designated Representatives, the Mayor, City Clerk, City Manager, City
Treasurer and any other officer of the City, as shall be appropriate, shall be and are hereby
authorized and directed to approve or execute, or both, such documents of sale of the Bonds as
may be necessary, including, without limitation, the contract for the sale of the Bonds between the
City and the Purchaser (the “Purchase Contract”), which may be evidenced by an executed bid
form, term sheet or other document requested by a Purchaser.
The use by the Purchaser of any Preliminary Official Statement and any final Official
Statement relating to the Bonds (the “Official Statement”) is hereby ratified, approved and
authorized; the execution and delivery of the Official Statement is hereby authorized; and the
officers of the Common Council are hereby authorized to take any action as may be required on
the part of the City to consummate the transactions contemplated by the Purchase Contract, this
Resolution, said Preliminary Official Statement, the Official Statement and the Bonds. The City
is authorized to advertise for the sale of the Bonds in any newspaper as the City shall determine.
Section 13. Disposition of Bond Proceeds. The proceeds from the sale of the Bonds shall
be disbursed as follows and not otherwise:
(a) Accrued interest on the Bonds, if any, shall be deposited in the Interest and
Principal Account of the Water Utility Special Redemption Fund.
(b) Into the Reserve Account, an amount equal to the amount necessary, if any,
to cause the balance on deposit therein to equal the Debt Service Reserve Requirement.
(c) The balance of the principal proceeds of the Bonds shall be deposited in a
special fund, and used solely for the purpose of financing the costs of the Project, including
paying the costs of issuance of the Bonds.
Section 14. Federal Tax Matters. The City hereby further covenants that it will not take
any action, omit to take any action or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of the proceeds of the Tax-Exempt
Bonds) if taking, permitting or omitting to take such action would cause any of the Tax-Exempt
Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would
otherwise cause the interest on the Tax-Exempt Bonds to be included in the gross income of the
recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an
examination by the Internal Revenue Service (the “IRS”) of the exemption from Federal income
taxation for interest paid on the Tax-Exempt Bonds, under present rules, the City may be treated
as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable
manner to any inquiries from the IRS in connection with such an examination.
The City also agrees and covenants with the purchasers and holders of the Tax-Exempt
Bonds from time to time outstanding that, to the extent possible under Illinois law, it will comply
with whatever federal tax law is adopted in the future which applies to the Tax-Exempt Bonds and
affects the tax-exempt status of the Tax-Exempt Bonds.
The Common Council hereby authorizes the officials of the City responsible for issuing
the Tax-Exempt Bonds, the same being the City Manager, the City Clerk, the City
Treasurer/Finance Director, to make such further covenants and certifications regarding the
specific use of the proceeds of the Tax-Exempt Bonds as approved by the Common Council and
as may be necessary to assure that the use thereof will not cause the Tax-Exempt Bonds to be
arbitrage bonds and to assure that the interest on the Tax-Exempt Bonds will be exempt from
federal income taxation. In connection therewith, the City and the Common Council further agree:
(a) through their officers, to make such further specific covenants, representations as shall be
truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving
the Tax-Exempt Bonds and to comply with such advice as may be given; (c) to pay to the United
States, as necessary, such sums of money representing required rebates of excess arbitrage profits
relating to the Tax-Exempt Bonds; (d) to file such forms, statements, and supporting documents
as may be required and in a timely manner; and (e) if deemed necessary or advisable by their
officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist
the City in such compliance.
The City further recognizes that Section 149(a) of the Code requires the Bonds to be issued
and to remain in fully registered form in order that the interest thereon is excludible from gross
income of the owners thereof for Federal income tax purposes under laws in force at the time the
Bonds are delivered. In this connection, the City agrees that it will not take any action to permit
the Bonds to be issued in, or converted into, bearer or coupon form.
Section 15. Duties of Registrar. If requested by the Registrar, the City Manager of the
Issuer is authorized to execute, and the City Clerk of the City is authorized to attest, and said City
Manager and City Clerk are hereby authorized to deliver, the Registrar’s standard form of
agreement between the City and the Registrar with respect to the obligations and duties of the
Registrar hereunder which shall include the following:
(a) to act as Registrar, authenticating agent, paying agent and transfer agent as
provided herein;
(b) to give notice of redemption of Bonds as provided herein;
(c) to cancel and destroy Bonds which have been paid at maturity or upon earlier
redemption or submitted for exchange or transfer;
(d) to furnish the City at least annually a certificate of destruction with respect to
Bonds cancelled and destroyed; and
(e) to furnish the City at least annually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to interest on the Bonds.
The City Clerk of the City is hereby directed to file a certified copy of this Resolution with
the Registrar.
The City covenants that it shall at all times retain a Registrar with respect to the Bonds,
that it will maintain at the designated office of such Registrar a place or places where Bonds may
be presented for payment or registration of transfer or exchange, and that it shall require that the
Registrar properly maintain the Bond Register and perform the other duties and obligations
imposed upon it by this Resolution in a manner consistent with the standards, customs and
practices of the municipal securities industry.
The Registrar shall signify its acceptance of the duties and obligations imposed upon it by
this Resolution by executing the certificate of authentication on any Bond, and by such execution
the Registrar, shall be deemed to have certified to the City that it has all requisite power to accept
and has accepted such duties and obligations. The Registrar is the agent of the City, and shall not
be liable in connection with the performance of its duties, except for its own negligence or willful
wrongdoing. The Registrar shall, however, be responsible for any representation in its certificate
of authentication on the Bonds.
Any corporation or association into which the Registrar may be converted or merged, or
with which it may be consolidated, or to which it may sell or transfer its corporate trust business
as a whole or substantially as a whole, or any corporation or association resulting from any such
conversion, merger or consolidation to which it is a party, shall be and become successor Registrar
hereunder, and vested with all the duties, powers, discretions, immunities, privileges and all other
matters as was its predecessor, without the execution or filing of any instrument or any further act,
deed or conveyance on the part of any of the parties hereto, anything herein to the contrary
notwithstanding. Any such successor Registrar shall give notice thereof to the City and the
registered owners of the Bonds.
The Registrar may be removed at any time by the City by an instrument in writing delivered
to the Registrar.
In case the Registrar shall be removed, or shall be dissolved, or shall be in the course of
dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall
be taken under the control of any public officer or officers, or of a receiver appointed by a court, a
successor may be appointed by the City by an instrument in writing, a copy of which shall be
delivered to the retiring Registrar, the successor Registrar and the registered owners of the Bonds.
The City shall mail notice of any such appointment made by it to each registered owner of any
Bond within twenty (20) days after such appointment. Any Registrar appointed under the
provisions of this Section 14 shall be a City officer or a bank or trust company with offices in the
United States of America.
Section 16. Equality of Lien. All of the Bonds, regardless of the installment of which
they are a part and regardless of the dates of their issuance or delivery, together with the Prior
Senior Revenue Bonds and any Parity Bonds, shall be secured equally by a pledge of the Water
Utility Special Redemption Fund and the Net Revenues allocated to the Water Utility Special
Redemption Fund.
Section 17. Resolution a Contract; Remedies of Owners of Bonds. The provisions of this
Resolution shall constitute a contract between the City and the owner or owners of the Bonds and
after the issuance of any of the Bonds, except as provided in Section 18 of the 1992 resolution,
providing for modification, no change or alteration of any kind in the provisions of this Resolution
may be made until all of the Bonds shall have been paid in full as to both principal and interest,
except for recomputation as provided in Section 10 of the 1995 Resolution and each of the Prior
Senior Revenue Bond Resolutions.
The owners of any of the Bonds shall have the right in addition to all other rights, by
mandamus or other suit or action in any court of competent jurisdiction, to enforce his or their
rights against the City, the Common Council and any other authorized body to fix and collect rates
and charges fully adequate to carry out all of the provisions and agreements contained in this
Resolution, and for the appointment of a receiver for the System in the event of a default in the
payment of principal or interest.
Section 18. Continuing Disclosure Undertaking. The City Manager or the City
Treasurer/Finance Director of the City is hereby authorized, empowered and directed to execute
and deliver a Continuing Disclosure Undertaking with respect to the Bonds (the “Continuing
Disclosure Undertaking”) in substantially the form as the individual executing the Continuing
Disclosure Undertaking on behalf of the City shall approve, his or her execution to constitute
conclusive evidence of his or her approval of the form of such Continuing Disclosure Undertaking.
When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as
herein provided, the Continuing Disclosure Undertaking will be binding on the City and the
officers, employees and agents of the City, and the officers, employees and agents of the City are
hereby authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of the Continuing
Disclosure Undertaking, as executed. Copies of the Continuing Disclosure Undertaking shall be
placed in the official records of the City, and shall be available for public inspection at the offices
of the City. Notwithstanding any other provision of this Resolution to the contrary, the sole
remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of
any beneficial owner of any Bond to seek mandamus or specific performance by court order, to
cause the City to comply with its obligations under the Continuing Disclosure Undertaking.
Section 19. Municipal Bond Insurance. In the event the payment of principal and interest
on the Bonds is insured pursuant to a municipal bond insurance policy (the “Municipal Bond
Insurance Policy”) issued by a bond insurer (the “Bond Insurer”), and as long as such Municipal
Bond Insurance Policy shall be in full force and effect, the City and the Registrar agree to comply
with such usual and reasonable provisions regarding presentment and payment of the Bonds,
subrogation of the rights of the Bondholders to the Bond Insurer upon payment of the Bonds by
the Bond Insurer, amendment hereof, or other terms, as approved by the City Manager and the
Director of Finance or the Mayor on advice of counsel, his or her approval to constitute full and
complete acceptance by the City of such terms and provisions under authority of this Section.
Section 20. Other Documents. The City Manager, the City Clerk and the City
Treasurer/Finance Director of the City and all other officers of the City are hereby authorized to
execute all documents and certificates and to take all such actions as may be necessary in
connection with the authorization, issuance, sale and delivery of the Bonds and the performance
of the obligations of the City hereunder and to carry out and comply with the terms of this
Resolution, including without limitation the Official Statement. This Resolution and all such
documents shall be in substantially the same form contemplated by this Resolution, with such
changes as shall be approved by the officers executing this Resolution and said documents, the
execution thereof to constitute conclusive proof of such approval.
Section 21. Record-Keeping Policy and Post-Issuance Compliance Matters. On June 8,
2021, the Common Council adopted a record-keeping policy (the “Policy”) in order to maintain
sufficient records to demonstrate compliance with its covenants and expectations to ensure the
appropriate federal tax status for the debt obligations of the City, the interest on which is
excludable from “gross income” for federal income tax purposes or which enable the City or the
holder to receive federal tax benefits, including, but not limited to, qualified tax credit bonds and
other specified tax credit bonds. The Common Council and the City hereby reaffirm the Policy:
Section 22. Severability of Invalid Provisions. If any section, paragraph or provision of
this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
sections, paragraphs and provisions of this Resolution.
Section 23. Conflicting Ordinances, Resolutions and Orders Superseded. All
ordinances, resolutions or orders, or parts thereof, heretofore enacted, adopted or entered, in
conflict with the provisions of this Resolution shall be, and the same are hereby, superseded to the
extent of such conflict, and this Resolution shall be in effect from and after its passage.
Adopted May 23, 2023
Approved May 23, 2023
Recorded May 23, 2023
Mayor
City Clerk
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: Russ Van Gompel, Director of Finance
DATE: May 25, 2023
RE: Approve Resolution authorizing the issuance of not to exceed $6,405,000
aggregate principal amount of General Obligation Corporate Purpose Bonds,
Series 2023A, of the City of Oshkosh, Winnebago County, Wisconsin, for the
purpose of completing certain projects in and for the City, prescribing details of
said bonds and the form of bond, authorizing the award of said bonds to the best
bidder thereof, levying taxes, and related matters.
Approve Resolution authorizing the issuance of not to exceed $6,055,000
aggregate principal amount of Storm Water Utility Revenue Bonds, Series 2023B,
of the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects related to the City’s storm water utility
system, prescribing details of said bonds and the form of bond, providing for the
payment of said bonds and the covenants with respect thereto, authorizing the
award of said bonds to the best bidder therefor and related matters.
Approve Resolution authorizing the issuance of not to exceed $7,430,000
aggregate principal amount of Water System Revenue Bonds, Series 2023C, of
the City of Oshkosh, Winnebago County, Wisconsin, for the purpose of
completing certain capital projects related to the City’s waterworks system,
prescribing details of said bonds and the form of bond, providing for the
payment of said bonds and the covenants with respect thereto, authorizing the
award of said bonds to the best bidder therefor and related matters.
BACKGROUND
On April 25, 2023 the Common Council approved the initial borrowing resolution for the
general obligation bonds which stated the intent to borrow and authorized staff to proceed
with the preparation and documentation needed to sell the bonds. The sale of the bonds will
be completed and the final approval is needed to authorize that sale of the General Obligation
Bonds as well as the Storm Water and Water Utility Revenue Bonds. As noted in the April
Council communication, the sale of the bonds needed to occur at least 30 days after the initial
resolution was authorized, and this requirement has been satisfied.
Finance Department
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us
As is normal practice, the bonds and notes as outlined above will be offered to the public
through competitive sales estimated to occur on June 22, 2023. If all of the parameters in Pre-
Sale Report are met, the City Manager and Finance Director are authorized to complete the
sales and the terms will be finalized.
As outlined in the initial resolutions, we are separating the Utility borrowing from the General
Obligation borrowing to match the obligations with the funds that benefit from the borrowing.
This also helps manage the City’s debt burden in recognition of the regulatory limit of 5% of
Equalized Value for General Obligation Debt, and to reserve general obligation borrowing
capacity for future needs.
ANALYSIS
While we will not be able to do an exact dollar analysis of the bids until they are received,
the information below provides details of a typical tax-exempt borrowing.
Tax-Exempt Borrowing Option is traditionally the lowest cost option to obtain funds for public
use. There are certain requirements that the City must follow in executing the bonds that
include the proper use, recordkeeping, and accountability of the funds.
While market conditions and specific bidders dictate what the interest rates are, the interest
rate in the parameter cannot exceed 5.00%.
FISCAL IMPACT
The $6,405,000 of General Obligation Corporate Purpose Bonds will be paid off over twenty
years. The Storm Water System Revenue Bonds of $6,055,000 and the Water System Revenue
Bonds of $7,430,000 will be paid off over twenty years. All issues will be added to the City’s
outstanding debt obligations.
RECOMMENDATION
Staff recommends adoption of the resolutions noted above.
Respectfully Submitted, Approved:
Russ Van Gompel John Fitzpatrick
Director of Finance Assistant City Manager /
Director of Administrative Services
MAY 23, 2023 23-263 RESOLUTION
(APPROVED 7-2 LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE ANNUAL CITY LICENSES (RENEWALS)
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:
EXHIBIT A
APPLICATION FOR INTOXICATING LIQUOR/FERMENTED MALT LICENSE-The following has made application for an
Intoxicating Liquor/Fermented Malt License in the City of Oshkosh, the granting of which is now pending (July 1, 2023-June 30,
2024)
Notice of Application For
Liquor Licenses
in the City of Oshkosh
First NamePremise Address Applicant AddressLast NameTrade Name
Class A Beer & Liquor Renewal
1995 S Koeller St TODD SCHMITZ 1625 WHITE SWAN DRIVE, WI,
Oshkosh 54901
Aldi #95
2165 W 9th Ave SUSHANT GOEL 1585 W 20TH AVENUE, OSHKOSH ,
WI 54902
9th Avenue BP
1585 W 20th Ave BREANNA GOEL 3810 PAU KO TUK LANE, WI,
Oshkosh 54902
Air BP
1686 Oshkosh Ave Anthony Hawks 538 Biese St, WI, Combined Locks
54113
Casey's General Store
#3799
2322 Jackson St ANTHONY HAWKS 538 BIESE STREET, COMBINED
LOCKS, WI 54113
Casey's General Store
#3769
1320 Oshkosh Ave RISHIJOT CHALLANA 1424 WILLOW CREEK PKW,
GREEN BAY, WI 54311
Challana Petroleum
1424 S Main St KRAIG BAUMAN 434 STONEHEDGE COURT, WI,
Ripon 54971
Condon Party Mart
415 W Murdock Ave KRAIG BAUMAN 434 STONEHEDGE COURT, WI,
Ripon 54971
Condon Northside
Mobil
911 Merritt Ave KRAIG BAUMAN 424 STONEHEDGE COURT, WI,
Ripon 54971
Condon Food Mart
3785 Jackson St ALE SAVITRI 811 CHURCHILL ST, WAUPACA, WI
54981
DS Ale Mart
935 N Main St TIM NORTON 508 MUSTANG LANE, FOND DU
LAC, WI 54935
Family Dollar #21485
1623 Bowen St RHONDA URLAUB 118927 TRAILVIEW ST.,
STRATFORD, WI 54484
RStore #4522
208 Bowen St RHONDA URLAUB 118927 TRAILVIEW ST. ,
STRATFORD, WI 54484
RStore #4523
305 Ohio St Rhonda Urlaub 118927 Trailview Street, WI,
Stratford, 54484
Rstore #4520
708 W Murdock Ave RHONDA URLAUB 118927 TRAILVIEW ST. ,
STRATFORD, WI 54484
Rstore #4521
502 N Main St Sarrah Larson 502 N Main Street, WI, Oshkosh
54901
Wagner Market
751 Wisconsin St MICHAEL WATERSTREET 850 NICOLET AVE, OSHKOSH, WI
54901
JT's Wash & Mart
40 Wisconsin St KULDEEP KANG 1191 HIGH AVE, OSHKOSH, WI
54901
Liquorland
1801 Witzel Ave NAWARAJ SUBEDI 3045 WINNIPEG ST, MENASHA, WI
54952
Witzel Petro
1365 N Westfield St MAGEN COVILL 4704 COUNTY ROAD N, OSHKOSH,
WI 54904
Towneplace Suites by
Marriott
155 Jackson St #101 JOSHUA GILDEMEISTER 2631 S. SCHAEFER ST.,
APPLETON, WI 54915
Oshkosh Food Co-op
305 N Sawyer St RESHAM SINGH 3166 QUAIL RUN DRIVE, OSHKOSH
, WI 54904
Corner Store
2167 State Road 44 QUENTIN GERLACH 1887 CLAIRVILLE ROAD, WI,
Oshkosh 54902
Quent's Service
Center
525 E Murdock Ave SPENCER JARI 433 SPRUCE ST., OMRO, WI 54903Reds Piggly Wiggly
#243
403 N SAWYER ST SHAKTI B KHANAL 602 W BENT AVE, OSHKOSH, WI
54901
Oshkosh Qwik Pantry
3700 Jackson St RAJAN CHOPRA 3325 SHORE PRESERVE DR,
OSHKOSH, WI 54904
Pantry 76
834 N Main St NEHA PATEL 1816 STATE DRIVE, NEENAH, WI
54956
Main Street Citgo
2415 Westowne Ave RYAN JONES 1050 TIMBER RUN DR, NEENAH,
WI 54956
Festival Foods
First NamePremise Address Applicant AddressLast NameTrade Name
544 W. 17th Avenue SPENCER MORSE 911 MERRITT AVE, OSHKOSH, WI
54901
Sunken Paddle
Ciderworks
1900 S Koeller Street ABBY SCHAPEKAHM N4398 STATE ROAD 49, POY SIPPI,
WI 54967
Target
2250 Westowne Ave MICHELLE KNOX W1224 HARVESTORE ROAD,
BRILLON, WI 54110
True North
1900 JACKSON ST MATTHEW SULLIVAN 3126 N COUNTRY RUN DR.,
APPLETON, WI 54915
PICK'N SAVE -
JACKSON ST.
1940 S KOELLER ST TIMOTHY SMITH N4459 NELSON ROD, PRINCETON,
WI 54968
PICK'N SAVE -
KOELLER ST.
333 S Washburn St CARLOS RODRIGUEZ 5185 CISCEL DRIVE, OSHKOSH, WI
54904
Wal-Mart Supercenter
#1430
1100 N. Westhaven Dr Jason Bischoff W3916 Stoneridge Dr, WI, Fond du
lac 54935
Walgreens 07835
315 W Murdock Ave DANIEL PIELA 607 OTTER AVENUE, OSHKOSH,
WI 54901
Walgreens 04533
950 Koeller Street Ross Mueller 2230 W Twin Willows, WI, Appleton
54914
Walgreens 05280
1736 West 9th Avenue JOSHUA FREE 221 W SMITH AVENUE, WI,
Oshkosh 54901
CVS Pharmacy #4380
Class A Beer Renewal
506 Ohio St NATHAN POEHLMAN 567 SOMERSET DRIVE, WI, Green
Bay 54301
Bob's Mini-mart
177 N Washburn St ADAM BOSE 182 W 25TH AVENUE, WI, Oshkosh
54902
Fleet Farm
258 W 8th Ave ROBERT GONZALEZ 258-A W 8TH AVENUE, OSHKOSH ,
WI 54902
Nayarit Market -
Mexico
501 S Main St Jason Lindeman 4034 Stonegate Dr, WI, Oshkosh
54904
Sweetwater
Performance
Class B Beer & Class C Wine Renewal
340 S Koeller Street DAVID METZ W239N3786 RIVER BIRCH CT,
PEWAUKEE, WI 53072
Oshkosh Cinema
2605 Jackson Street ZHIMING ZHAO 621 5TH ST., MENASHA, WI 54952Sushi Lover
248 Wisconsin St.CHUETOU VANG 327 CRESCENT DRIVE, NEENAH,
WI 54956
Mama's Noodle Bar
100 C City Center KENNETH OSMOND 313 W NEW YORK AVE, OSHKOSH
, WI 54901
Planet Perk Cafe
531 N. Main Street JESSIE TADDER 537 N MAIN ST, OSHKOSH, WI
54903-1099
Elsewhere Market &
Coffee House
2059 Witzel Ave ANDREW VAP 5842 N MAITLAND COURT,
WHITEFISH BAY, WI 53217
HuHot Mongolian Grill
2073 Witzel Ave Lin Hong 155 Wyldewood Drive, WI, Oshkosh
54904
Royal Kitchen
Class B Beer & Liquor Renewal
688 N Main St Brian Gauthier 1575 Galway Court, WI, Oshkosh
54904
Terry's Lounge
430 N Main St Brady Hoopman 1529 Doemel St, WI, Oshkosh 54901Bar 430
600 N Main St KYLE FAUST 4820 COUNTRY CLUB ROAD,
OSHKOSH, WI 54902
Winners Sports Bar &
Grill
701 N Main St SEAN FELKER 100 N. MAIN STREET, OSHKOSH,
WI 54901
Mabel Murphy's
1329 Oregon St ROBERT POLLNOW 1329 A OREGON STREET,
OSHKOSH, WI 54902
Acee Deucee
1652 OSHKOSH AVE.MARYJO CROOKS 1103 BISMARCK AVE, OSHKOSH,
WI 54902
PARM
527 W 9th Ave HELEN ANDERSON 537 W 9TH AVENUE, OSHKOSH,
WI 54902
Andy's Pub & Grub
413 Ohio Street ANGELA BAIER 1522 W. 6TH AVE, OSHKOSH, WI
54902
Anjie's Bar
1022 Oregon St JAMES NIENHAUS 3145 W 9TH AVENUE, WI, Oshkosh
54904
B & E Lounge
301 Knapp St LENNY ECKSTEIN 1216 CHARLENE AVENUE, OMRO,
WI 54963
Back Again Stadium
Bar
First NamePremise Address Applicant AddressLast NameTrade Name
701 Knapp St PETER BAEHMAN 660 W 11TH AVE, OSHKOSH, WI
54902-6310
LeRoy's Bar
663 N Main St NATHAN STIEFVATER 1214 W 6TH AVENUE, WI, Oshkosh
54902
Barley & Hops Street
Pub
2836 Fond du Lac Rd DANIEL RUEDINGER 4072 MARQUART LANE, OMRO, WI
54963
Game Time Sports
Bar
1355 W 20th Ave TARI RINGELSTETTER1025 THOROUGHBRED LANE, WI,
Depere 54115
Hilton Garden Inn
Oshkosh
300 SOUTH PARK Paul Kowalske 1917 Iowa Street, WI, Oshkosh
54902
Big Daddy's
500 S Koeller St KRISTIN RIEBE W13608 BEECHNUT AVE.,
HANCOCK, WI 54943
Buffalo Wild Wings
425 Nebraska Street Jason Lindemann 4034 Stonegate Drive, WI, Oshkosh
54904
Dockside Tavern -
Food & Spirits
701 Merritt Ave KEN HYLER W684 BUTTERCUP COURT,
OSHKOSH, WI 54923
Boots Saloon
280 S Koeller St JUN CAO 528 SOUTH PARK AVENUE, WI,
Oshkosh 54902
China King
200 City Center Suite D CHANDA ANDERSON 542 W 16TH AVENUE, WI, Oshkosh
54902
Caramel Crisp & Cafe
LLC
566 N Main Street ADAM CARLSON 207 E IRVING AVE #208, WI,
Oshkosh 54901
Fletch's Local Tap
House
570 N Main St ADAM CARLSON 207 E. IRVING AVE. #208,
OSHKOSH, WI 54901
Varsity Club
668 W 6th Ave Lee Faust 2231 Willow Way Drive, WI, Oshkosh
54904
Casey's Bar
695 N Main St Thomas Taggart 1023 Hazel St, WI, Oshkosh 54901Calhoun Beach Club
1741 N Main St Joseph Ambrose 1921 Greenbriar Trail, WI, Oshkosh
54904
Chalice
2505 Oregon St DAVID VIENOLA 1921 NEBRASKA STREET,
OSHKOSH, WI 54902
Chester V's
686 N Main St YER VANG 4331 SILVERLEAF CT, APPLETON,
WI 54913
Christine's
1014A Ohio St KIA XIONG 3565 Dekalb Lane, WI, Neenah
54956
Club 52
919 Oregon St RENEE SMITH 7279 CLIFF WEST ROAD, OMRO,
WI 54963
Copper Mule, The
2065 Witzel Avenue ALEJANDRO MARTINEZ 521 HAYLETT STREET, NEENAH,
WI 54956
Cozumel Mexican
Rest. Bar & Grill
1303 Harrison St Debora Resop 3025 Shorewood Drive, WI, Oshkosh
54901
Deb's Spare Time
515 N Sawyer St Ever Hernandez 191 Wyldewood Dr #R103, WI,
Oshkosh 54904
Delta Restaurant
515 N Main St APRIL CHASE 515 N. MAIN, OSHKOSH, WI 54901Distillery Pub
900 N Main StDoctor Benzie's Pizza
219 Wisconsin St DANIEL SCHULTZ 612 FRANKLIN ST, WI, Oshkosh
54901
Kelly's Bar
402 E Parkway Ave TIFFANY MCCRORY 400 E PARKWAY AVE, OSHKOSH,
WI 54901
Electric Lounge
275 N Washburn St ERIK GIALDELLA 1642 RIVER MILL ROAD, OSHKOSH
, WI 54901
REVS
3105 S. Washburn St.KIM WOGERNESE 980 AMERICAN DRIVE, NEENAH,
WI 54956
Cobblestone Hotel &
Suites
1130 N Westfield Street LISA RUIZ 1130 NORTH WESFIELD ST.,
OSHKOSH, WI 54902
Evergreen
110 W 7th Ave DIANE MURPHY 40 JACOB AVE, OSHKOSH, WI
54902
Evil Roy Slades
3000 Poberezny Rd CHRISTOPHER FARRELL 1902 LYDIA LANE, APPLETON, WI
54915
EAA
344 Bowen St Travis Schinke 1706 Hoover Court, WI, Little Chute
54140
Jansen's Bar &
Restaurant
1838 Oshkosh Ave Elie Saad 152671 Cloverland Lane, WI,
Wausau 54401
The Taqueria
2010 W 9th Ave JIN YANG 882 WYLDE OAK DRIVE,
OSHKOSH, WI 54904
Fuki Asian Fusion &
Sushi
First NamePremise Address Applicant AddressLast NameTrade Name
1029 S Main St GARY DAVIES 1241 GLANE COURT, OSHKOSH,
WI 54902
Sherman House
1160 N. Westhaven Dr STEVEN GABELBAUER 3926 BRAEBURN STREET,
OSHKOSH, WI 54902
Gabe's Wisconsin
Kitchen & Tavern
2314 Harrison St GINGER AVERKAMP 2314 A HARRISON ST, WI, Oshkosh
54901
Ginger Snap
1190 S Koeller Street COURTNEY ROBERTS 428 W. 8TH AVE., OSHKOSH, WI
54902
Olive Garden
Restaurant, The
44 W 6th Avenue ROBERT GREENE 1531 REMINGTON, NEENAH, WI
54956
Greene's Pour House
1514 Oregon St PETER HAFERMAN 421 HIDDEN RIDGE WAY, WI,
Combined Locks 54113
Pete's Garage Bar
1485 W 20th Ave LISA MARSHALL 802 A W 8TH AVENUE, WI, Oshkosh
54902
Hangar Bar & Grill
2251 Westowne Ave NATHAN EHRENBERG 2521 HONEY LOU CT., APPLETON,
WI 54915
Holiday Inn Express
Hotel & Suites
544 N Main St KYLE HOOPMAN 985 BAVARIAN CT, OSHKOSH, WI
54901
Peabody's Ale House
51 W 7th Ave MATTHEW MORGAN 819 A OREGON STREET,
OSHKOSH, WI 54902
Houge's Bar
1 City Center Kris Larson 502 N Main Street, WI, Oshkosh
54901
Beckets
14 W Irving Ave THOMAS BOLLOM 10 W IRVING AVENUE, OSHKOSH,
WI 54901
Jabroni
1005 Rugby St AUSTIN GROSS 2460 WESTHAVEN COURT,
OSHKOSH, WI 54904
Jeff's on Rugby
1210 Ceape Ave SCOTT ENGEL 910 COZY LANE, OSHKOSH , WI
54901
Jerry's Bar
24 E Gruenwald Ave GAYLE SAVKA 528 GROVE ST, OSHKOSH, WI
54901
Jockey Club
571 N Main St ROBERT WOLF 375 FOX FIRE DRIVE, OSHKOSH,
WI 54904
Roxy, The
1903 Harrison St CRYSTAL MULVEY 823 WINDWARD CT, WI, Oshkosh
54901
Karmali's Bar & Grill
537 N Main Street ERIC HOOPMAN 2026 MENOMINEE DRIVE,
OSHKOSH, WI 54901
Gibson Social Club
3125 S. Washburn Street ROBERT HEISLER 5869 E ISLAND ROAD, WI, Butte
Des Morts 54927
LaSure's Hall
1309 Oregon Street BARRY LAVAQUE 806 OREGON STREET, OSHKOSH ,
WI 54902
HQ
715 N Main St Antonio Sandoval 4017 E Appleview Dr, WI, Appleton
54913
Los Jaripeos
700 N Koeller St MARCOS RIVIERA 1711 TAFT AVE. H-1, WI, Oshkosh
54902
Los Rivera's Mexican
Grill
2070 S Koeller St Eric Mosqueda 6505 N Headwall Circle, WI, Appleton
54913
Los Trees Amigos
539 Pearl Ave THOMAS TAGGART 1033 HAZEL ST, OSHKOSH, WI
54901
Molly McGuire's
2041 S Koeller St Thomas Masters 2041 S Koeller Street, WI, Oshkosh
54904
Mineshaft
421 N Main Street ADAM CARLSON 207 E IRVING AVE #208,
OSHKOSH, WI 54901
Ruby Owl Tap Room,
The
448 N. Main Street, Suite 100 JOHN CARLSON 2 BROKAW PLACE, APPLETON, WI
54911
McKnight & Carlson
Wines
1300 Ceape Ave MARSHALL FALK 1300 CEAPE AVENUE, OSHKOSH,
WI 54901
Mick & Sue's
958 W 6th Ave DAVID KARPOWITZ 113 W 16TH AVENUE, OSHKOSH,
WI 54902
Mile High Pub
1002 N Main St SHERRY SOSNOSKI 1625 MARICOPA DRIVE,
OSHKOSH, WI 54904
Mr. Cinder's Charcoal
Sandwich
556 W 5th Ave TIMOTHY MURRAY 1840 WALNUT STREET, WI,
Oshkosh 54901
Players Pizza & Pub
2070 W 9th Ave DAVID TOMAN 1480 NORMAN COURT, OSHKOSH,
WI 54904
Dublin's Irish Pub
First NamePremise Address Applicant AddressLast NameTrade Name
401 N Main St JASON BAER 921 HARNEY AVENUE, WI, Oshkosh
54901
New Moon Cafe
556 W 9th Ave JAMES NIGL 264-D N. CAMPBELL ROAD, WI,
Oshkosh 54902
Nigl's
2126 Algoma Blvd SHERRIE DEWHURST 2002 ALGOMA BLVD, WI, Oshkosh
54901
Northside Bar N Grill
434 N Main Street BLAKE KIELER 630 E. WILSON AVE. , APPLETON,
WI 54915
Oblio's
107 Algoma Blvd MARLO AMBAS 6090 BLACK WOLF POINT ROAD,
OSHKOSH, WI 54902
Manila Restaurant and
the Algoma Club
175 W Fernau Ave STEPHEN HUNT 1005 BUCHANAN AVE, OSHKOSH ,
WI 54901
Oshkosh Elks Lodge
#292
1 North Main Street DAVID HELGESON 8532 OLDE MARKET DR., LARSEN,
WI 54947
Best Western Premier
Waterfront Hotel
1410 Algoma Blvd AARON SHERER 1720 CLIFFVIEW DRIVE, WI,
Oshkosh 54901
Paine Art Center and
Gardens
358 W South Park Ave John Popp 358-A W South Park Ave, WI,
Oshkosh 54902
Park Ave Bar
2932 Fond du Lac Rd TIMOTHY HUGHES 5809 LAKE RD, WI, Oshkosh 54902Parnell's Place
910 N Main St CORY TELLOCK 1311 RAHR AVENUE, WI, Oshkosh
54902
Piloras Cafe
1651 W South Park Ave Michael Pfeifer N5336 Seevue Drive, WI, Fond du lac
54935
Friar Tucks
720A Merritt Ave MARK RATCHMAN 1545 WESTHAVEN CIRCLE, WI,
Oshkosh 54904
Ratch & Deb's Pizza
600 S Koeller St LINDSEY MCGLIN 1103 W. OKLAHOMA ST,
APPLETON, WI 54914
Red Robin Gourmet
Burgers
2015 Harrison St BRETT RESCHESKE 980 ALPINE CT, OSHKOSH, WI
54901
Retro's Pub
330 N Koeller St HUA ZHOU 650 W 4TH AVENUE, OSHKOSH,
WI 54902
Sakura Japanese
Steak House
1904 Jefferson Street STEPHEN HENKLE 108 E GRUENWALD AVE, WI,
Oshkosh 54901
Dead Horse Saloon
1842 S Main St Eric Postl 681 W 6th Avenue, WI, Oshkosh
54902
South Side Ice Yacht
Club
693 N Main St JEFFREY STIEG 306 SARATOGA AVENUE, WI,
Oshkosh 54901
Twisted Roots
1007 Oregon St Nicholas Jirschele 1612 Wilson Ave, WI, Oshkosh
54901
T & O Bowling Lanes
300 S. Koeller St. ANIKA GUERRERO 2391 WITZEL AVE, OSHKOSH, WI
54904
Takiza Mexican
Cuisine
359 W 17th Ave ADAM TANNER 305 WASHINGTON, OMRO, WI
54963
T N T Tap
825 N Washburn St Jamie Knudson W5975 Sweet Pea Drive, WI,
Appleton 54915
Bar of Oshkosh, The
2839 Harrison St JASON DAHSE 4949 SHERMAN ROAD, OSHKOSH,
WI 54901
Cheatin' Heart, The
100 High Ave KYLIE MONTEE 413 MERRITT AVENUE, OSHKOSH,
WI 54901
The Grand Oshkosh
760 W 6th Ave ERIK GUNDERSON 313 BAY STREET, WI, Oshkosh
54901
Lyons Den, The
141 High Ave ELIZABETH SCHUBERT 564-A JEFFERSON STREET, WI,
Oshkosh 54901
Reptile Palace, The
1226 Oshkosh Ave. NICOLE HOLZ 247 E. BERLIN ST, BERLIN, WI
54923
Tipsy Otter
500 Merritt Ave ROBERT WINKELMAN 500 MERRITT AVENUE, WI,
Oshkosh 54901
Trail's End Tavern
1930 Rath Lane LOUIS GIANNOPOULOS2025 CREST CT, OSHKOSH, WI
54901
Two Brothers
Restaurant
30 Wisconsin St AARON SLOMA W2547 COUNTY LINE ROAD, WI,
Cleveland 53015
Parker John's BBQ &
Pizza
2407 Jackson St Jon Doemel 1923 Doemel St, WI, Oshkosh 54901ZaRonis
First NamePremise Address Applicant AddressLast NameTrade Name
1393 Washington Ave WILLIAM WYMAN 1373 WAUGOO AVE, OSHKOSH,
WI 54901
Waters, The
1414 W 20th Ave JONATHAN WEIGANDT 1692 RIVER MILL RD, OSHKOSH,
WI 54901
West End Pizza
Palace
1400 Westhaven Dr MIKE BURMANIA 620 COCHSANE ST., WAUPUN, WI
53963
Westhaven Golf Club
1700 S Koeller St FRANK GONZALES 212 CAVIL WAY, DE PERE, WI
54115
Applebee's
Neighborhood Grill &
Bar
351 Rosalia St DAVE KRUEGER 3355 HARBOR BAY RD, WI,
Oshkosh 54901
Woodchucks Bar &
Grill
702 Oregon St TYLER ZICK 5135 BRITISH LANE, OSHKOSH, WI
54901
Bottom's Up
Class B Beer & Wine (1/2 Year) Renewal
West Waukau (002-0471-05)CARL SOSNOSKI 2475 KNAPP STREET, WI, Oshkosh
54901
SOS Brothers
Class B Beer Renewal
1382 W Waukau Ave JEFFREY BARTELS 1920 WAUKAU AVE, OSHKOSH, WI
54902
Oasis, The
2283 St Rd 44 RACHEL ROWELL 1200 MAPLE VIEW DR, MOSINESS,
WI 54455
Blades & Boards
445 N Main St Philip Krause 304 Prospect Ave, WI, Oshkosh
54901
Time Community
Theater
423 N Main St Rebecca Graf 873 Jackson Ave, WI, Omro 54963Fire Escape Art Studio
& Gallery
1000 Bauman St CHRISTOPHER AMOS 1922 MITCHELL STREET,
OSHKOSH, WI 54901
Fox Harbor Marina
300 S. Koeller Street, Suite B JOSHUA HOLZ 240 ALGOMA BLVD, OSHKOSH, WI
54901
Glow in the Park
Indoor Mini Golf
1515 Planeview Dr Parmeet Arora 8176 Basil Ct, WI, Neenah 54956American Inn
1500 Planeview Dr Lakhbir Singh 6664 Tartan Trail, WI, Sun Prairie
53590
Plane View Travel
Plaza
400 S Koeller Street TYLER WILBOURN 529 OTTER AVENUE, OSHKOSH,
WI 54901
Comfort Suites
2550 S Washburn St-Suite D RICHARD KOHLHOFF 2901 STATE ROAD 116, OMRO, WI
54963
Golfers Outlet
1495 W South Park Ave DHAVAL PATEL 1495 W SOUTH PARK AVE.,
OSHKOSH, WI 54902
Quality Inn
2402 Jackson Street Seth Murphy 1920 Cliffview Court, WI, Oshkosh
54901
Mike's Place Family
Restaurant
MAY 23, 2023 23-264 RESOLUTION
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE COMBINATION “CLASS B” LICENSE
INITIATED BY: CITY CLERK
WHEREAS, an application and all required documentation for a license has been
submitted, fees deposited, and all reviews and inspections required by city ordinance have been
completed; and
WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a
representative of the Winnebago County Health Department have recommended that the
following licenses be granted or conditionally granted as noted in their report to the City Clerk;
and
WHEREAS, any licensee whose license is granted subject to conditions has been notified
of those conditions and has had the opportunity to appear before the Council and be heard in
relation to any of those conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh
that the following licenses be granted subject to satisfaction of such conditions as identified by the
Chief of Police and Fire Chief, or their respective designees, or by a representative of the
Winnebago County Health Department; subject to the payment of taxes and other charges as
specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of
any further conditions imposed by State Statute for issuance of such license:
COMBINATION “CLASS B” LICENSE
(MAY 24, 2023 – JUNE 30, 2023)
NAME AND ADDRESS: LOCATION OF PREMISES:
OSHKOSH WEDDING AND CONVENTION CENTER…………..2 N. Main St., Oshkosh
Agent: David Helgeson, 8532 Olde Market Dr., Larsen, WI 54947
THERE ARE NO
ATTACHMENTS
ASSOCIATED
WITH THIS ITEM
THERE ARE NO
ATTACHMENTS
ASSOCIATED
WITH THIS ITEM
THERE ARE NO
ATTACHMENTS
ASSOCIATED
WITH THIS ITEM
THERE ARE NO
ATTACHMENTS
ASSOCIATED
WITH THIS ITEM
City of Oshkosh Status of Outstanding Issues
Date of Initial
Request
Affected
Department(s)
(If Applicable)
Title of Directive Current Status Next Status
Report/Update Other Notes
1/22/2019 &
1/10/2023
Finance & Public
Works
Work to address inequities in Special Assessments by
providing Council options
Summary of options was issued to Council on
5/9/23. Workshop is recommended, date TBD.6/13/2023
Village of Pewaukee has
successfully defended a lawsuit
challenging its Transportation
Utility Fee (TUF)
6/9/2020 City Manager Community Conversations to address racism
The City Manager is seeking contacts to initiate
discussions with community leaders in order to
identify next steps.
7/11/2023
1/10/2023 City Manager Engage other governmental and non-profit entities in the
region to reduce and prevent homelessness
More interagency and community discussion are
needed to address this growing problem.7/11/2023 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
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 Municipal
Services Program (MSP).
The City Manager continues to work with the
League of Municipalities on lobbying efforts. 7/1/2023
Awaiting plan from Legislature
on funding plan for 2023-25
biennium.
8/24/2021 Community
Development Convention and Visitors Bureau (CVB) Tourism Assessment City staff is working with the CVB and other
community partners on a Downtown Area study.6/30/2023 Downtown study underway.
5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non-
infrastructure purposes.
Summary of committed funds was presented to
Council on 3/14/23.6/30/2023
11/9/2022 City Manager Boards, Commissions and Committees, Study Council Sub Committee has submitted their
report to Council.6/13/2023
Council approved
recommendations,
implementation is underway.
1/10/2023 DPW/Legal Sanitary District Negotiations
Staff has reviewed counter proposal and is
scheduling follow up meeting with Districts''
representatives.
6/13/2023
5/23/2023 Council Meeting