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HomeMy WebLinkAbout06.13.23 FULL AGENDAOSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN June 13, 2023 CLOSED SESSION: (5:15 PM Room 406) The Common Council may convene into Closed Session pursuant to Section 19.85(1) (e) of the Wisconsin State Statutes for deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. A. CALL TO ORDER: (6:00 pm) Voting First: Council Member Stephenson B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE E. PROCLAMATION ISSUED: Miss Wisconsin Scholarship Organization F. INTRODUCTION OF STAFF • Craig Ramthun, Construction Management Supervisor G. PUBLIC HEARING 01. Res 23-265 Approve Combination “Class B” License / Red’s Pizza / Red’s Pizza Inc. /1123 Oregon St. – Including Hearing on Non-Renewal of License 02. Res 23-266 Approve Final Resolution for Special Assessments for Contract 23-01 Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), And Storm Sewer Mains and Laterals (New and Relay): A. Wisconsin Street (West New York Avenue To 150’ North of West Bent Avenue) B. Annex Avenue (Wisconsin Street To 100’ East of Wisconsin Street) Congress Avenue (100’ West of Wisconsin Street To 100’ East of Wisconsin Street) C. West Bent Avenue (100’ West of Wisconsin Street To 100’ East of Wisconsin Street) OSHKOSH COMMON COUNCIL – June 13, 2023 PUBLIC HEARING continued 03. Res 23-267 Approve Final Resolution for Special Assessments for Contract 23-02. Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), And Storm Sewer Main and Laterals (New and Relay): A. West Lincoln Avenue (Elmwood Avenue to Jackson Street) B. Mckinley Street (West Lincoln Avenue to Scott Avenue) C. Elmwood Avenue (50’ North of West Lincoln Avenue To 50’ South of West Lincoln Avenue) D. Cherry Street (100’ North of West Lincoln Avenue To 100’ South of West Lincoln Avenue) E. Wisconsin Street (100’ North of West Lincoln Avenue To 100’ South of West Lincoln Avenue) F. Wright Street (100’ North of West Lincoln Avenue To 100’ South of West Lincoln Avenue) G. Jackson Street (50’ North of West Lincoln Avenue To 50’ South of West Lincoln Avenue) H. John Avenue (75’ West of Mckinley Street to Mckinley Street) I. Scott Avenue (75’ West of Mckinley Street To 75’ East of Mckinley Street) 04. Res 23-268 Approve Final Resolution for Special Assessments for Contract 23-03. Asphalt Pavement and Driveway Aprons: A. South Washburn Street (Dickinson Avenue to West 20th Avenue) 05. Res 23-269 Approve Final Resolution for Special Assessments for Contract 23-04. Asphalt Pavement and Driveway Aprons: A. Osborn Avenue (Mason Street to Knapp Street) 06. Res 23-270 Approve Final Resolution for Special Assessments for Contract 23-07. Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), And Storm Sewer Main and Laterals (New and Relay): A. Clarks Court (Hollister Avenue to The Cul-De-Sac) B. Hollister Avenue (Algoma Boulevard to Sheridan Street) C. Oak Street (East Irving Avenue to Siewert Trail) D. East Lincoln Avenue (50’ East of Oak Street To 50’ West of Oak Street) E. Beech Street (Congress Avenue to West Murdock Avenue) F. West Bent Avenue (50’ West of Beech Street To 50’ East of Beech Street) G. Hobbs Avenue (50’ West of Beech Street To 50’ East of Beech Street) OSHKOSH COMMON COUNCIL – June 13, 2023 PUBLIC HEARING continued 07. Res 23-271 Approve Final Resolution for Special Assessments for Contract 23-08. Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), And Storm Sewer Main and Laterals (New and Relay): A. Arthur Avenue (North Sawyer Street to Bauman Street) B. Tyler Avenue (North Sawyer Street to Bauman Street) C. Coolidge Avenue (Bauman Street to The Fox River) D. Bauman Street (100’ North of Arthur Avenue To 100’ South of Adams Avenue) E. North Sawyer Street (75’ North of Arthur Avenue To 75’ South of Arthur Avenue And 75’ North of Tyler Avenue To 75’ South of Tyler Avenue) 08. Res 23-272 Approve Final Resolution for Special Assessments for Contract 23-09. Asphalt Pavement, Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), And Storm Sewer Main and Laterals (New and Relay): A. Bradley Street (West 28th Avenue to West Waukau Avenue) B. West 28th Avenue (100’ West of Bradley Street To 100’ East of Bradley Street) C. West Waukau Avenue (100’ West of Bradley Street To 100’ East of Bradley Street) 09. Res 23-273 Approve Final Resolution for Special Assessments for CONTRACT 23-20. Storm Sewer Laterals / Various Locations G. 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.) H. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 10. Report of Bills by the Finance Director 11. Receipt & Filing of Meeting Minutes - Common Council Meeting 05.23.23 12. Receipt & Filing of Meeting Minutes – Museum Board Meeting 05.04.23 13. Receipt & Filing of Meeting Minutes – Library Board Meeting 04.27.23 14. Receipt & Filing of Claim filed with the City’s Insurance Company: Joseph Dutscheck, alleged damages due to mower projecting rock at vehicle OSHKOSH COMMON COUNCIL – June 13, 2023 CONSENT AGENDA ITEMS continued 15. Res 23-274 Disallowance of Claim – Paul Klemp 16. Res 23-275 Approve Professional Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Concrete and Structural Repairs ($157,270.00) 17. Res 23-276 Approve Amendment No. 1 to Professional Services Agreement with Westwood Professional Services, Inc, for 2020 – 2022 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program ($24,500.00) 18. Res 23-277 Approve Professional Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Roof Replacement ($117,850.00) 19. Res 23-278 Amend CIP and Award Bid for Public Works Contract 23-11 to Carl Bowers and Sons Construction Co., Inc. for Sanitary Manhole Rehabilitation Inflow/Infiltration Reduction Program ($887,480.00) 20. Res 23-279 Approve Agreement for Shared Equipment / Area Fire Departments 21. Res 23-280 Approve Contract for Wisconsin Hazardous Materials Response System Services with the State of Wisconsin 22. Res 23-281 Approve Acceptance of a Donation from the Friends of the Oshkosh Seniors Center, Inc. on Behalf of Bader Philanthropies, Inc. and Amend the 2023 Senior Services Division Operating Budget ($29,000) 23. Res 23-282 Approve Amendment to the Professional Services Agreement with SmithGroup for Construction Administration of Lakeshore Park 4-Seasons Building ($40,000.00) 24. Res 23-283 Award Bid to Klink Equipment for Industrial Forklift for the Streets Division ($38,919.00) 25. Res 23-284 Award Bid to Creative Sign Company for Grade Mount Sign for Parks Department ($34,889.00) 26. Res 23-285 Approve Cooperative Purchase of Rear Load Refuse Truck from McNeilus Truck for Sanitation Division ($255,493.00) 27. Res 23-286 Amend 2023 CIP and Approve Cooperative Purchase of Skidsteer Loader from Brooks Tractor Inc. for Streets Division ($99,900.00) 28. Res 23-287 Approval Special Event – Miss Wisconsin Scholarship Organization to utilize City streets and Opera House Square for the Miss Wisconsin Arrival Ceremony, June 19, 2023 29. Res 23-288 Approve Special Event – Winnebago Bicycle to utilize N. Main Street for their 10 Year Anniversary Party & Race, July 22, 2023 30. Res 23-289 Approve Agent Change for Combination Class “B” License & Special Class “B” Licenses 31. Res 23-290 Appointments to various boards and committees I. ITEMS REMOVED FROM CONSENT AGENDA OSHKOSH COMMON COUNCIL – June 13, 2023 J. PENDING ORDINANCES 32. Ord 23-291 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 – Marmx Holdings, LLC owner / Richard Fisher, Fisher and Associates, LLC, applicant. (Plan Commission recommends approval) 33. Ord 23-292 Zone Change from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for Properties Located at 3400- 3454 Jackson Street – SDJ Properties, LLC. (Plan Commission recommends approval) K. NEW ORDINANCES 34. Ord 23-293 Repeal Section 2-37 of the City Municipal Code pertaining to the Committee on Aging (Staff recommends waiving the rules and adopting on First Reading) L. NEW RESOLUTIONS 35. Res 23-294 General Development Plan and Specific Implementation Plan Review for Addition of Personal Storage Facility Use at 3300 Medalist Drive – Marmax Holdings, LLC, owner / Richard Fisher, Fisher and Associates, LLC, applicant. (Plan Commission recommends approval) 36. Res 23-295 General Development Plan and Specific Implementation Plan for Outdoor Storage Area Located at 3400-3454 Jackson Street – SDJ Properties, LLC, owner/applicant. (Plan Commission recommends approval) 37. Res 23-296 Approve Annual City Licenses (Renewals) M. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 38. Future Agenda Items: A. Update on Boards and Commission/Committees study and implementation. Direction on requests from Museum Board and Sustainability Advisory Board. 39. Future Workshops: A. June 27 – Housing Workshop (5:00 PM) B. June 28 – CIP Budget Workshop (5:00 PM) C. July 25 – City Managers Mid-Year Review (after council meeting) N. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 40. Report of Council Liaison for Boards & Commissions O. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 41. Professional Services Agreement with AECOM for 2023 Water Distribution System Leak Detection Services ($33,690.00) 42. Professional Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Lifting Systems Improvements ($27,915.00) 43. Cooperative Purchase of Brush Chipper from Vermeer Wisconsin for Forestry Division ($70,000.00) OSHKOSH COMMON COUNCIL – June 13, 2023 44. Professional Services Agreement with Everson & Gibbs, LLC for 1911 West Snell Road Cleanup ($50,000.00) 45. Outstanding Issues P. ADJOURN If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@ci.oshkosh.wi.us, or phone 920-236-5002. To send written correspondence to Council, mail to the City Manager, or place in City Hall Dropbox, or email to council@ci.oshkosh.wi.us, (prior to the Council meeting). 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. WITHDRAWN BY APPLICANT JUNE 13, 2023 23-265 RESOLUTION (CARRIED____________LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE COMBINATION “CLASS B” LICENSE / RED’S PIZZA INC / 1123 OREGON STREET INITIATED BY: CITY COUNCIL WHEREAS, an application and all required documentation for renewal of the combination “class B” license for Red’s Pizza Inc., located at 1123 Oregon Street, Oshkosh, Wisconsin; with registered agent, Steven Charles Lawler, 2355 Hamilton Street, Oshkosh WI 54901 has been submitted, and fees deposited; and WHEREAS, the official records of the Office of the City Clerk indicated that the licensee and premises for which the license is sought are not compliant with City Ordinance 4-6 Required Use of License; and WHEREAS, a Notice of Intention to Not Renew was sent to the Licensee and the licensee was given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following license is hereby granted subject to satisfaction of such conditions as may be 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 Chapter 4 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: Red’s Pizza Inc. For premises located at 1123 Oregon Street, Oshkosh, Wisconsin 54902 Agent: Steven Charles Lawler, 2355 Hamilton Street, Oshkosh WI 54901 (insert findings pertinent to reasons for issuance. Example: The Council has determined that sufficient grounds exist to waive the requirements of Section 4-6 of the City of Oshkosh Municipal Code for this premises for the current license year (2023-2024) in this case due to__________) Or (insert Findings pertinent to non-renewal. Example: This determination is based upon the findings of fact and conclusions of law as verbally agreed to by the Council upon conclusion of the hearing and to be put in final written form, signed by the Mayor and sent to the applicant. ) City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: June 8, 2023 RE: Non-renewal Hearing – Red’s Pizza, Inc. The council agenda includes a hearing for potential non-renewal of the combination “Class B” license for Red’s Pizza, Inc as directed by Council at the May 23, 2023 Council meeting. You will note that the Resolution contemplates alternate findings which will need to be made based upon the determination of the Council to either renew or not renew the license. Also attached to this memorandum are:  a copy of the Notice of Non-renewal for Red’s Pizza, Inc. together with a certificate showing that the Notice was properly served  an outline for the procedure on the liquor license non-renewal hearing  a draft version of Findings of Fact and Conclusions of Law which the Council may use as a basis for its findings pertaining to the license hearing The Findings and Conclusions of Law are based upon the Notice of Non-Renewal and would apply if there is evidence presented at the hearing and Council finds that Red’s Pizza, Inc. has not used the license granted to it in compliance with section 4-6 of the City of Oshkosh Municipal Code. The attached Findings of Fact and Conclusions of Law is a draft only and may be modified by the Council as evidence may indicate. It is simply intended to provide the Council with an initial framework from which to proceed if the Council determines that the evidence at the hearing supports non-renewal. If anyone has any questions or concerns, please feel free to contact me. BEFORE THE COMMON COUNCIL CITY OF OSHKOSH PROCEDURE ON LIQUOR LICENSE HEARING NONRENEWAL June 13, 2023 ANNOUNCEMENT OF LICENSE HEARING / EXPLANATION OF PROCEDURE The purpose of this meeting is to conduct a hearing per Section 125.12 of the Wisconsin Statutes on the decision to renew or nonrenew the license of Red’s Pizza Inc., Agent Steven Charles Lawler for premises located at 1123 Oregon Street, Oshkosh, Wisconsin. The procedure we will follow for this hearing is as follows: Anyone giving testimony before the Council will be sworn in. The City Clerk will review the Notice of Nonrenewal served upon the Licensee and enter the certified public records into the record of this hearing. The Licensee will then be given an opportunity to present any evidence that he wishes the Council to consider in relation to the decision whether or not to renew the license. Council members will be then be permitted to ask questions. Thereafter, the Licensee will be given a final opportunity to make a statement to the Council. The hearing is then closed and the issue will be discussed and voted on by the Council. The Council will base its decisions only on the evidence it hears at this hearing. APPEARANCES (Licensee, any representative of Licensee) STATEMENT BY THE CITY CLERK REGARDING NON-RENEWAL NOTICE TO LICENSEE AND RECORDS OF HER OFFICE ACCEPT THE NOTICE OF HEARING, AFFIDAVIT OF THE CLERK AND OTHER RECORDS INTO THE HEARING RECORD. TESTIMONY OF LICENSEE/REPRESENTATIVE (Clerk will swear in any witnesses. Direct and cross examination and questions by Council) FINAL STATEMENT BY THE LICENSEE/REPRESENTATIVE HEARING DECLARED CLOSED COUNCIL MEMBER DELIBERATION Motion to approve the Resolution, Second, Discussion  To renew the license without conditions o “yes” vote approves license; “no” vote does not approve renewal license If the license is renewed, a Council member may “move to insert a finding that the license is renewed for (insert reason)”  To non-renew the license o “yes” vote approves license; “no” vote does not approve renewal license o If the license is not approved, then Mayor will ask City Attorney to go through Findings of Fact and Conclusions of Law, making any changes as necessary based on evidence heard at the hearing – changes as we go through the document can be done by consensus o Motion “to insert the finding pertinent to non-renewal in the resolution and approve Findings of Fact and Conclusions of Law to be put in final form and signed by the Mayor” DIRECTIONS TO CLERK Notify the applicant of the Council’s determination RETURN TO COUNCIL AGENDA BEFORE THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN ______________________________________________________________________ ______ Red’s Pizza Inc. 1123 Oregon Street, Oshkosh, Wisconsin 54902 Agent: Steven Charles Lawler, 2355 Hamilton Street, Oshkosh WI 54901 Findings of Fact, Conclusions of Law and Determination of the City Council for the City of Oshkosh: This matter coming before the Council on June ____, 2023. Findings of Fact/ Conclusions of Law: 1. That the Licensee, Red’s Pizza Inc., Agent: Steven Charles Lawler, 2355 Hamilton Street, Oshkosh WI 54901, was notified in writing of the municipality’s intention not to renew the Combination “Class B” Fermented Malt Beverage & Intoxicating Liquor License issued for premises located at 1123 Oregon Street, Oshkosh, Wisconsin 54902 and provided an opportunity for hearing before the Common Council for the City of Oshkosh on June _____, 2023 at 6:00 p.m. or as soon thereafter as the matter could be heard, all pursuant to the provisions of Section 125.12(3) of the Wisconsin Statutes. Notice was provided by personal service. 2. That the City Clerk entered into the record true and correct copies of official records from the Office of the City Clerk pertaining to the Combination “Class B” License currently held by Red’s Pizza Inc. for premises located at 1123 Oregon Street in the City of Oshkosh, Wisconsin, commonly known as Red’s Pizza. Steven Charles Lawler is the agent for Red’s Pizza Inc. and per the application on file, resides at 2355 Hamilton Street, Oshkosh WI 54901. That Steven Charles Lawler appeared in person/ did not appear before the Council. That ______________ appeared in person before the Council to give testimony. 1. That Red’s Pizza Inc. does not possess the qualifications required under Chapter 125 Wis. Stats. to hold the license, as follows: A) That pursuant to section 125.12(3) a municipality may refuse to renew a license for the causes provided in subsection 125.12(2)(ag) Wis. Stats. B) That one of the causes specified in subsection 125.12(2)(ag) Wis. Stats. is that the person has violated the provisions of Chapter 125 Wis. Stats. or a municipal regulation adopted under section 125.10 Wis. Stats. C) That the City of Oshkosh has adopted the following provisions pursuant to the authority granted under section 125.10 Wis. Stats.: SECTION 4-6 REQUIRED USE OF LICENSE (A) Required use of License. The following shall be a violation of this chapter. The penalty for violation of this Section shall be limited to non-renewal or revocation of the license only. (1) failure to complete the requirements that would result in the issuance of a “Class B” or Class “B” license even though such license has been granted by the Common Council during the prior license year. (2) failure to conduct license-related business on the premises for which the license was granted and/or issued for at least one (1) consecutive thirty (30) day period during any consecutive twelve (12) month period. a. For purposes of this section “license-related business” shall mean the actual sale or offering for sale of alcoholic beverages under a valid alcohol beverage license. b. For purposes of this section it shall not be deemed a violation for the premises to be closed on regularly scheduled closing days of the business (for example, holidays or Mondays where the business has typically maintained Mondays as a day that it is closed for business). D) The records in the office of the City Clerk indicate that the license was granted to Red’s Pizza Inc. for premises located at 1123 Oregon Street in the City of Oshkosh by Resolution 22-219 on May 24, 2022 for license year 2022-2023; that Red’s Pizza was closed on or about September 26, 2021 and remained closed at the time of license renewal for 2022-23 but that the owner wished to renew the license at that time; and that there is no record of the owner reopening Red’s Pizza for business in compliance with the requirements of the ordinance after September 26, 2021. E) That Red’s Pizza has failed to conduct a license-related business on the premises for which the license was issued, since at least September 26, 2021, contrary to section 4-6(A)(2) of the City of Oshkosh Municipal Code. Based upon these Findings of Fact and Conclusions of Law the Combination “Class B” Fermented Malt Beverage & Intoxicating Liquor License issued to Red’s Pizza Inc. is not renewed and the City Clerk is directed to give notice of the nonrenewal to the Licensee. Dated this _____ day of June, 2023 __________________________ Mayor Matthew Mugerauer DRAFT VERSION of FINDINGS of FACT and CONCLUSIONS of LAW This draft of Findings of Fact and Conclusions of Law is based upon the Notice of Intent to Non-Renew and would be applicable if the Council determines that the evidence at the hearing supports the conclusion that Red’s Pizza Inc. has failed to conduct a license-related business upon the premises located at 1123 Oregon Street in the City of Oshkosh in compliance with the requirements of section 4-6 of the City of Oshkosh Municipal Code. The Findings and Conclusions may be modified as necessary based upon information presented at the hearing in this matter. JUNE 13, 2023 23-266 RESOLUTION (CARRIED 7-0 LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-01 A) WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) B) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) C) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) D) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on November 9, 2022 by the Oshkosh Common Council of the following named streets: Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): Wisconsin Street from West New York Avenue to 150’ west of West Bent Avenue Annex Avenue from Wisconsin Street to 100’ east of Wisconsin Street Congress Avenue from 100’ west of Wisconsin Street to 100’ east of Wisconsin Street JUNE 13, 2023 23-266 RESOLUTION CONT’D West Bent Avenue from 100’ west of Wisconsin Street to 100’ east of Wisconsin Street NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. JUNE 13, 2023 23-266 RESOLUTION CONT’D 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 13, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after Contract No. 23-01 is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. NOVEMBER 9, 2022 22-460 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-01 A) WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) B) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) C) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) D) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): Wisconsin Street from West New York Avenue to 150’ west of West Bent Avenue Annex Avenue from Wisconsin Street to 100’ east of Wisconsin Street NOVEMBER 9, 2022 22-460 RESOLUTION CONT’D Congress Avenue from 100’ west of Wisconsin Street to 100’ east of Wisconsin Street West Bent Avenue from 100’ west of Wisconsin Street to 100’ east of Wisconsin Street 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. NOVEMBER 9, 2022 22-460 RESOLUTION CONT’D 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett read other side SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-01 IS CERTIFIED AS COMPLETE CONTRACT NO 23-01 WILL CONSIST OF CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-01 A) WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) B) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) C) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) D) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-01 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. read other side TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro-rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-267 RESOLUTION (CARRIED_____7-0___ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-02 (A) WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) (B) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) (C) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (D) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (E) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (F) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (G) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (H)JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) (I) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on November 9, 2022 by the Oshkosh Common Council of the following named streets: JUNE 13, 2023 23-267 RESOLUTION CONT’D Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): West Lincoln Avenue from Elmwood Avenue to Jackson Street McKinley Street from West Lincoln Avenue to Scott Avenue Elmwood Avenue from 50’ north of West Lincoln Avenue to 50’ south of West Lincoln Avenue Cherry Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Wisconsin Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Wright Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Jackson Street from 50’ north of West Lincoln Avenue to 50’ south of West Lincoln Avenue John Avenue from 75’ west of McKinley Street to McKinley Street Scott Avenue from 75’ west of McKinley Street to 75’ east of McKinley Street NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: JUNE 13, 2023 23-267 RESOLUTION CONT’D a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 19, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after Contract No. 23-02 is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact t he Public Works Engineering Division (920)236-5065. NOVEMBER 9, 2022 22-461 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-02 (A) WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) (B) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) (C) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (D) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (E) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (F) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (G) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (H)JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) (I) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special NOVEMBER 9, 2022 22-461 RESOLUTION CONT’D assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): West Lincoln Avenue from Elmwood Avenue to Jackson Street McKinley Street from West Lincoln Avenue to Scott Avenue Elmwood Avenue from 50’ north of West Lincoln Avenue to 50’ south of West Lincoln Avenue Cherry Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Wisconsin Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Wright Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Jackson Street from 50’ north of West Lincoln Avenue to 50’ south of West Lincoln Avenue John Avenue from 75’ west of McKinley Street to McKinley Street Scott Avenue from 75’ west of McKinley Street to 75’ east of McKinley Street 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. NOVEMBER 9, 2022 22-461 RESOLUTION CONT’D 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): • WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) • MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) • ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) • CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) • WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) • WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) • JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) • JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) • SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions. Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett read other side SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-02 IS CERTIFIED AS COMPLETE CONTRACT NO 23-02 WILL CONSIST OF APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-02: (A) WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) (B) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) (C) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (D) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (E) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (F) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (G) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (H) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) (I) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-02 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. read other side THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro-rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-268 RESOLUTION (CARRIED__7-0______ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVEMENT AND DRIVEWAY APRONS RELATING TO CONTRACT 23-03 A) SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on November 9, 2022 by the Oshkosh Common Council of the following named streets: Asphalt Pavement and Driveway Aprons: South Washburn Street from Dickinson Avenue to West 20th Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: JUNE 13, 2023 23-268 RESOLUTION CONT’D a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 18, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after the contract is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. NOVEMBER 9, 2022 22-462 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVEMENT AND DRIVEWAY APRONS RELATING TO CONTRACT 23-03 A) SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Asphalt Pavement and Driveway Aprons: South Washburn Street from Dickinson Avenue to West 20th Avenue 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. NOVEMBER 9, 2022 22-462 RESOLUTION CONT’D (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett OVER SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-03 IS CERTIFIED AS COMPLETE CONTRACT NO 23-03 WILL CONSIST OF ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-03 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. OVER FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro-rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-269 RESOLUTION (CARRIED____7-0____ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVEMENT AND DRIVEWAY APRONS RELATING TO CONTRACT 23-04 A) OSBORN AVENUE (MASON STREET TO KNAPP STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on November 9, 2022 by the Oshkosh Common Council of the following named streets: Asphalt Pavement and Driveway Aprons: Osborn Avenue from Mason Street to Knapp Street NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. JUNE 13, 2023 23-269 RESOLUTION CONT’D 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 18, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after the contract is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. NOVEMBER 9, 2022 22-463 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVEMENT AND DRIVEWAY APRONS RELATING TO CONTRACT 23-04 A) OSBORN AVENUE (MASON STREET TO KNAPP STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Asphalt Pavement and Driveway Aprons: Osborn Avenue from Mason Street to Knapp Street 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. NOVEMBER 9, 2022 22-463 RESOLUTION CONT’D (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett OVER SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-04 IS CERTIFIED AS COMPLETE CONTRACT NO 23-04 WILL CONSIST OF ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-04 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. OVER FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro-rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-270 RESOLUTION (CARRIED_____7-0___ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-07 A) CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE- SAC) B) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) C) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) D) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) E) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) F) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) G) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on November 9, 2022 by the Oshkosh Common Council of the following named streets: Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): JUNE 13, 2023 23-270 RESOLUTION CONT’D Clarks Court from Hollister Avenue to the cul-de-sac Hollister Avenue from Algoma Boulevard to Sheridan Street Oak Street from East Irving Avenue to Siewert Trail East Lincoln Avenue from 50’ east of Oak Street to 50’ west of Oak Street Beech Street from Congress Avenue to West Murdock Avenue West Bent Avenue from 50’ west of Beech Street to 50’ east of Beech Street Hobbs Avenue from 50’ west of Beech Street to 50’ east of Beech Street NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. JUNE 13, 2023 23-270 RESOLUTION CONT’D 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 15, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after the contract is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. NOVEMBER 9, 2022 22-464 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-07 A) CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE- SAC) B) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) C) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) D) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) E) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) F) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) G) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: NOVEMBER 9, 2022 22-464 RESOLUTION CONT’D Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): Clarks Court from Hollister Avenue to the cul-de-sac Hollister Avenue from Algoma Boulevard to Sheridan Street Oak Street from East Irving Avenue to Siewert Trail East Lincoln Avenue from 50’ east of Oak Street to 50’ west of Oak Street Beech Street from Congress Avenue to West Murdock Avenue West Bent Avenue from 50’ west of Beech Street to 50’ east of Beech Street Hobbs Avenue from 50’ west of Beech Street to 50’ east of Beech Street 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: NOVEMBER 9, 2022 22-464 RESOLUTION CONT’D (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett read other side SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-07 IS CERTIFIED AS COMPLETE CONTRACT NO 23-07 WILL CONSIST OF CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY):  CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC)  HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET)  OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL)  EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET)  BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE)  WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET)  HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-07 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. -OVER- read other side THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro- rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-271 RESOLUTION (CARRIED_____7-0___ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-08 A) ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) B) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) C) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) D) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) E) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on November 9, 2022 by the Oshkosh Common Council of the following named streets: Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): JUNE 13, 2023 23-271 RESOLUTION CONT’D Arthur Avenue from North Sawyer Street to Bauman Street Tyler Avenue from North Sawyer Street to Bauman Street Coolidge Avenue from Bauman Street to the Fox River Bauman Street from 100’ north of Arthur Avenue to 100’ south of Adams Avenue North Sawyer Street from 75’ north of Arthur Avenue to 75’ south of Arthur Avenue and 75’ north of Tyler Avenue to 75’ south of Tyler Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. JUNE 13, 2023 23-271 RESOLUTION CONT’D 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 13, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after Contract No. 23-08 is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. NOVEMBER 9, 2022 22-465 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-08 A) ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) B) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) C) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) D) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) E) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: NOVEMBER 9, 2022 22-465 RESOLUTION CONT’D Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): Arthur Avenue from North Sawyer Street to Bauman Street Tyler Avenue from North Sawyer Street to Bauman Street Coolidge Avenue from Bauman Street to the Fox River Bauman Street from 100’ north of Arthur Avenue to 100’ south of Adams Avenue North Sawyer Street from 75’ north of Arthur Avenue to 75’ south of Arthur Avenue and 75’ north of Tyler Avenue to 75’ south of Tyler Avenue 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. NOVEMBER 9, 2022 22-465 RESOLUTION CONT’D (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett read other side SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-08 IS CERTIFIED AS COMPLETE CONTRACT NO 23-08 WILL CONSIST OF CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-08 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If, after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer, the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. read other side TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro-rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-272 RESOLUTION (CARRIED__7-0______ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 23-09 A) BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) B) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) C) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on August 10, 2022 by the Oshkosh Common Council of the following named streets: Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Bradley Street, West 28th Avenue to West Waukau Avenue West 28th Avenue, 100’ west of Bradley Street to 100’ east of Bradley Street West Waukau Avenue, 100’ west of Bradley Street to 100’ east of Bradley Street NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: JUNE 13, 2023 23-272 RESOLUTION CONT’D 1. That the proposed street grade(s), from a datum plane established by the official United States Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby permanently established. 2. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. 3. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 4. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 5. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with JUNE 13, 2023 23-272 RESOLUTION CONT’D Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 8. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 9. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 15, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after the contract is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. AUGUST 10, 2022 22-338 RESOLUTION (CARRIED___6-0_____ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 23-09 A) BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) B) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) C) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Bradley Street, West 28th Avenue to West Waukau Avenue West 28th Avenue, 100’ west of Bradley Street to 100’ east of Bradley Street West Waukau Avenue, 100’ west of Bradley Street to 100’ east of Bradley Street 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. AUGUST 10, 2022 22-338 RESOLUTION CONT’D 3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett read other side SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-09 IS CERTIFIED AS COMPLETE CONTRACT NO 23-09 WILL CONSIST OF ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY):  BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE)  WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET)  WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-09 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. -OVER- read other side THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro- rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT JUNE 13, 2023 23-273 RESOLUTION (CARRIED____7-0____ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONTRACT 23-20 STORM SEWER LATERALS / VARIOUS LOCATIONS INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of June, 2023, at 6:00 p.m. for the purpose of hearing all interested persons concerning the final resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted on April 25, 2023 by the Oshkosh Common Council for improvements as listed below: Storm Sewer Laterals 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. c. JUNE 13, 2023 23-273 RESOLUTION CONT’D 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of four percent (4%) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. May 19, 2023 Dear Property Owner: Please find enclosed the following documents for your information and review: 1. A letter of explanation from Engineering Division Manager/City Engineer Justin Gierach. 2. A letter from the Oshkosh Police Department regarding parking and parking enforcement. 3. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 4. Notice of Public Hearing to be held by the Oshkosh Common Council on June 13, 2023 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on June 13, 2023. 5. Special assessment payment plan options explaining the payment choices after the contract is certified as complete - payment choice or payment is not accepted at this time. 6. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions in regard to the construction project in general, please contact the Public Works Engineering Division (920)236-5065. APRIL 25, 2023 23-178 RESOLUTION CARRIED 6 – 0 LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR STORM SEWER LATERALS RELATING TO CONTRACT 23- 20 / VARIOUS LOCATIONS INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Storm Sewer Laterals: 305 North Westfield Street 1255 Greenfield Trail 1542 West 9th Avenue 1118 East Nevada Avenue 1555 West 9th Avenue 1626 West 6th Avenue 2027 Doemel Street 2106 Doemel Street 722 Bismarck Avenue 2210 Walnut Street 1630 Central Street 932 Moreland Street 1704 Graber Street 834 Miller Lane 850 Miller Lane 870 Miller Lane 880 Miller Lane 855 Greenfield Trail 1024 Mason Street 1433 Hazel Street 1625 Brentwood Drive 1025 Reichow Street 1119 Reichow Street 1352 Cedar Street 925 Waugoo Avenue 1116 Grove Street 1610 Thornton Drive The following properties are included in this year’s program due to limited additional work required to provide a storm sewer lateral connection: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane APRIL 25, 2023 23-178 RESOLUTION CONT’D The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2. The assessments against any parcel may be paid according to the provisions of Section 21-5 through 21-11 of the Oshkosh Municipal Code. 3. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4. The Board of Public Works is directed to prepare a report consisting of: a) Final plans and specifications for said improvements. b) An estimate of the entire cost of the proposed work or improvements. c) An estimate as to each parcel of property within the assessment district of: 1) The assessment of benefits to be levied for each improvement. 2) The damages to be awarded for property taken or damages by each improvement. 3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. 4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 5. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as speci fied in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in 5-10-15 year installments as provided within sections 21-6 through 21-8 of the municipal code. APRIL 25, 2023 23-178 RESOLUTION CONT’D 6. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.0703(7)(a) of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described: CONTRACT 23-01 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY): WISCONSIN STREET (WEST NEW YORK AVENUE TO 150’ NORTH OF WEST BENT AVENUE) ANNEX AVENUE (WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONGRESS AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) WEST BENT AVENUE (100’ WEST OF WISCONSIN STREET TO 100’ EAST OF WISCONSIN STREET) CONTRACT 23-02 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) CONTRACT 23-03 ASPHALT PAVEMENT AND DRIVEWAY APRONS: SOUTH WASHBURN STREET (DICKINSON AVENUE TO WEST 20TH AVENUE) CONTRACT 23-04 ASPHALT PAVEMENT AND DRIVEWAY APRONS: OSBORN AVENUE (MASON STREET TO KNAPP STREET) CONTRACT 23-07 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): CLARKS COURT (HOLLISTER AVENUE TO THE CUL-DE-SAC) HOLLISTER AVENUE (ALGOMA BOULEVARD TO SHERIDAN STREET) OAK STREET (EAST IRVING AVENUE TO SIEWERT TRAIL) EAST LINCOLN AVENUE (50’ EAST OF OAK STREET TO 50’ WEST OF OAK STREET) BEECH STREET (CONGRESS AVENUE TO WEST MURDOCK AVENUE) WEST BENT AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) HOBBS AVENUE (50’ WEST OF BEECH STREET TO 50’ EAST OF BEECH STREET) CONTRACT 23-08 CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): ARTHUR AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) TYLER AVENUE (NORTH SAWYER STREET TO BAUMAN STREET) COOLIDGE AVENUE (BAUMAN STREET TO THE FOX RIVER) BAUMAN STREET (100’ NORTH OF ARTHUR AVENUE TO 100’ SOUTH OF ADAMS AVENUE) NORTH SAWYER STREET (75’ NORTH OF ARTHUR AVENUE TO 75’ SOUTH OF ARTHUR AVENUE AND 75’ NORTH OF TYLER AVENUE TO 75’ SOUTH OF TYLER AVENUE) CONTRACT 23-09 ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY): BRADLEY STREET (WEST 28TH AVENUE TO WEST WAUKAU AVENUE) WEST 28TH AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) WEST WAUKAU AVENUE (100’ WEST OF BRADLEY STREET TO 100’ EAST OF BRADLEY STREET) CONTRACT 23-20 STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane The report of the Public Works Director & City Manager showing proposed plans & specifications, estimated costs of improvements, proposed assessments & awards of damages is on file in the Office of the City Clerk & can be inspected there on any business day between the hours of 8:00 a.m. & 4:30 p.m. Engineering staff will be available from 3:30 p.m. to 5:30 p.m. on Tuesday, June 13, 2023, in Rooms 310 and 203 of City Hall to answer questions about the Project and the estimated special assessment costs. Residents can sign up online at https://book.appointment- plus.com/d0eg6k9g/?service_id=5807. Residents are also encouraged to call the Department of Public Works Engineering Division at (920) 236-5065 to have questions answered in lieu of coming to the pre-public hearing meeting. Staff are willing to make reasonable appointments outside of normal business hours (8:00 a.m. to 4:30 p.m.) to facilitate residents’ schedules and to answer questions Notification that at 6:00 p.m. on June 13, 2023 in the Council Chambers in the City Hall (215 Church Avenue) City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing the assessments and in the report of the Public Works Director and City Manager. All objections will be considered at said hearing & thereafter the amount of assessment will be finally determined. Publish: May 28, 2023 City of Oshkosh City Clerk Diane M. Bartlett read other side SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 23-20 IS CERTIFIED AS COMPLETE CONTRACT NO 23-20 WILL CONSIST OF STORM SEWER LATERALS: 605 Reichow Street 1609 West 6th Avenue 1621 West 6th Avenue 2012 Doemel Street 2030 Doemel Street 715 Bismarck Avenue 723 Bismarck Avenue 1631 Central Street 1637 Central Street 820 Miller Lane 821 Miller Lane 831 Miller Lane 835 Miller Lane 841 Miller Lane Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 23-20 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time, you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. -OVER- read other side THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: PAYMENT IN FULL If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment prior to November 1st. If after making this selection, the property owner fails to make payment prior to November 1st to the City Treasurer; the entire amount will be placed on the next property tax bill. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the five-year period, with interest pro-rated to the month of payment. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the ten-year period, with interest pro-rated to the month of payment. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL The amount of the assessment will be placed on the property tax bill with interest at 4% on the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in each year’s tax bill payment. The assessment balance may be paid in full at any time during the fifteen-year period, with interest pro- rated to the month of payment. CITY OF OSHKOSH CITY CLERK DIANE M BARTLETT CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 7362 05/26/2023 AUTOMATED COMFORT CONTROLS INC 701.00 7363 05/26/2023 AECOM INC 15,996.45 7364 05/26/2023 AIRGAS USA LLC 3,191.74 7365 05/26/2023 LIFT SOLUTIONS HOLDINGS LLC 1,610.00 7366 05/26/2023 APPLETON SIGN COMPANY 242.67 7367 05/26/2023 AREA WATERPROOFING & CONCRETE 8,640.00 7368 05/26/2023 ATLAS COPCO COMPRESSORS LLC 580.26 7369 05/26/2023 BROOKS TRACTOR INC 1,300.55 7370 05/26/2023 CHEMTRADE CHEMICALS US LLC 8,053.86 7371 05/26/2023 CINTAS CORPORATION 685.53 7372 05/26/2023 IMAGE 360 INC 2,450.00 7373 05/26/2023 DALE MARTIN 345.00 7374 05/26/2023 DIXON ENGINEERING INC 2,700.00 7375 05/26/2023 DOCUSIGN INC 13,957.78 7376 05/26/2023 EMMONS BUSINESS INTERIORS 516.37 7378 05/26/2023 EWALD'S HARTFORD FORD LLC 84,450.00 7379 05/26/2023 FERGUSON WATERWORKS #1476 1,064.60 7380 05/26/2023 FIRE APPARATUS & EQUIPMENT INC 1,661.29 7381 05/26/2023 GAPPA SECURITY SOLUTIONS LLC 3,000.50 7382 05/26/2023 HMH CORP 2,322.00 7383 05/26/2023 HOLIDAY WHOLESALE 899.23 7384 05/26/2023 JACOBS ENGINEERING GROUP INC 1,932.00 7385 05/26/2023 JAMES RABE 123.14 7386 05/26/2023 JEFF FOUST EXCAVATING INC 130.00 7387 05/26/2023 J F AHERN CO 300.00 7388 05/26/2023 KEMIRA WATER SOLUTIONS INC 9,794.28 7389 05/26/2023 LEE BEVERAGE 700.70 7390 05/26/2023 MACQUEEN EQUIPMENT GROUP 2,998.66 7391 05/26/2023 MCC INC 1,347.50 7392 05/26/2023 MICHELS ROAD AND STONE, INC 837.00 7393 05/26/2023 NORTHEAST ASPHALT INC 11,040.28 7394 05/26/2023 NORTHERN LAKE SERVICE INC 2,423.35 7395 05/26/2023 PRIMADATA LLC 11,032.61 7396 05/26/2023 PROFESSIONAL SVC INDUSTRIES 16,000.00 7397 05/26/2023 PSYCHOLOGIE CLINIQUE SC 575.00 7398 05/26/2023 P T S CONTRACTORS INC 495,542.33 7399 05/26/2023 QUALITY TRUCK CARE CENTER INC 258.59 7400 05/26/2023 REINDERS INC 5,342.95 7401 05/26/2023 STATE PUMP SUPPLY LLC 2,047.94 7402 05/26/2023 VANGUARD COMPUTERS INC 2,311.00 7403 05/26/2023 VIKING ELECTRIC SUPPLY INC 11,469.74 7404 05/26/2023 WI PUBLIC SERVICE CORP 15,099.18 7405 05/26/2023 WINNEBAGO COUNTY TREASURER 71,544.53 503250 05/26/2023 EWALD CHRYSLER JEEP DODGE LLC 129,954.00 503251 05/26/2023 ADAM KRAUSE 7.69 503252 05/26/2023 ALEXANDER CHEMICAL CORPORATION 27,260.00 503253 05/26/2023 BECKER SOFTWARE 250.00 503254 05/26/2023 BEN SCHUTT 612.40 503255 05/26/2023 BERHOLTZ RENTAL PROPERTIES LLC 41.94 503256 05/26/2023 BILL HILL 150.00 503257 05/26/2023 BOUND TREE MEDICAL LLC 739.99 503258 05/26/2023 CARDINAL CONSTRUCTION CO INC 65,112.70 503259 05/26/2023 CASEY KOELBL 163.78 503260 05/26/2023 CHRISTINE ANN DOMESTIC ABUSE SERVICES INC 5,722.00 503261 05/26/2023 D AND K RENTALS 120.00 503262 05/26/2023 DALTON CARPET OUTLET INC 49.00 503263 05/26/2023 DONOHUE & ASSOCIATES INC 50,525.30 503264 05/26/2023 YELLOW JACKET CONSTRUCTION 5,600.00 503265 05/26/2023 EMERGENCY RESPONSE SPECIALISTS LLC 1,853.00 503266 05/26/2023 HEINFRIED KOLKMANN 4,500.00 503267 05/26/2023 GALLS LLC 219.05 503268 05/26/2023 GIBSON ROOFING LLC 13,625.00 503269 05/26/2023 GUARANTY TITLE SERVICES INC 68.54 503270 05/26/2023 GUSICK BARBARA G 76.60 503271 05/26/2023 HAILEY PALMQUIST 473.83 503272 05/26/2023 HEINZELMAN TYLER OR AMANDA 75.84 503273 05/26/2023 JIM KOEPNICK PHOTOGRAPHY LLC 250.00 503274 05/26/2023 JOSEPH RASMUSSEN 9,900.00 503275 05/26/2023 A. KALMERTON WELDING SUPPLIES 148.90 503276 05/26/2023 KIM WALLMULLER 23.19 503277 05/26/2023 KLINK EQUIPMENT 225.56 503278 05/26/2023 LA CROSSE SEED LLC 4,090.00 503279 05/26/2023 THE LEAGUE OF WISCONSIN MUNICIPALITIES 60.00 503280 05/26/2023 MARK A ROHLOFF 89.84 503281 05/26/2023 MUZA SHEET METAL CO LLC 541.00 503282 05/26/2023 NEAL MATHERNE 3,069.77 503283 05/26/2023 AIR TEMPERATURE SERVICES INC 749.00 503284 05/26/2023 BRITTANIE CASTILLO 63.00 503285 05/26/2023 DON WALKER 7.00 503286 05/26/2023 JODI SCHLICHTING 52.50 503287 05/26/2023 PETER RETZLOFF 13.00 503288 05/26/2023 WAL-MART REAL ESTATE BUSINESS TRUST 39,838.36 503289 05/26/2023 OSHKOSH AREA SCHOOL DISTRICT 4,483.99 503290 05/26/2023 PARK 'N PRINT INC 168.00 503291 05/26/2023 PAUL BLOESL 9.68 503292 05/26/2023 PAUL GREENINGER 134.93 503293 05/26/2023 PEPSI COLA GENERAL BOTTLNG INC 1,200.60 503294 05/26/2023 POMP'S TIRE SERVICES INC 949.93 503295 05/26/2023 RASMUSSEN NANCY 31.97 503296 05/26/2023 RESQ ENVIRONMENTS LLC 440.00 503297 05/26/2023 RIESTERER & SCHNELL INC 434.45 503298 05/26/2023 J. STADLER MACHINE INC 6,008.00 503299 05/26/2023 STANARD AND ASSOCIATES INC 238.00 503300 05/26/2023 STATE BAR OF WISCONSIN 68.02 503301 05/26/2023 STREICHER'S 1,560.00 503302 05/26/2023 SUMMIT COMMERCIAL FITNESS 5,420.00 503303 05/26/2023 THE HOME DEPOT PRO 679.98 503304 05/26/2023 THE ICEE COMPANY 3,459.96 503305 05/26/2023 THE WATERS LLC 75.00 503306 05/26/2023 THOMSON REUTERS - WEST 362.79 503307 05/26/2023 TOWN N COUNTRY TITLE LLC 31.79 503308 05/26/2023 TRIBAL SUN PRODUCTS 216.00 503309 05/26/2023 TRUGREEN PROCESSING CENTER 1,754.80 503310 05/26/2023 UNITED PARCEL SERVICE 137.67 503311 05/26/2023 WATERMARK47 INC 890.95 503312 05/26/2023 WI DEPT OF AGRICULTURE TRADE AND CONSUMER 1,564.08 503313 05/26/2023 WI DEPT OF FIN. INSTITUTIONS 20.00 503314 05/26/2023 WI DEPT OF SAFETY & PRO SVCS 45.00 503315 05/26/2023 WINNEBAGO COUNTY HEALTH DEPT 495.00 503316 05/26/2023 ZACH NEWTON 659.80 1,215,081.78 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 7406 06/02/2023 AECOM INC 2,327.50 7407 06/02/2023 AIRGAS USA LLC 3,244.52 7408 06/02/2023 APPLETON SIGN COMPANY 465.27 7409 06/02/2023 AURORA HEALTH CARE 487.00 7410 06/02/2023 CARRICO AQUATIC RESOURCES INC 1,781.63 7411 06/02/2023 CENTRAL TEMP EQUIPMENT SERVICE 790.00 7412 06/02/2023 CINTAS CORPORATION 581.45 7413 06/02/2023 CLAREY'S SAFETY EQUIPMENT 3,008.14 7414 06/02/2023 CONSTELLATION ENERGY SERVICES 10,666.56 7415 06/02/2023 COTTINGHAM AND BUTLER INSURANCE SERVICES INC 5,000.00 7416 06/02/2023 CUMMINS INC 297.77 7418 06/02/2023 EMMONS BUSINESS INTERIORS 586.22 7419 06/02/2023 EMMONS BUSINESS INTERIORS 814.67 7420 06/02/2023 EMMONS BUSINESS INTERIORS 12,721.38 7421 06/02/2023 EMMONS BUSINESS INTERIORS 5,723.01 7422 06/02/2023 ENERGENECS INC 5,296.87 7423 06/02/2023 GAPPA SECURITY SOLUTIONS LLC 2,147.60 7424 06/02/2023 GFL ENVIRONMENTAL 163.16 7425 06/02/2023 HMH CORP 1,687.08 7426 06/02/2023 HAWKINS INC 10,692.89 7427 06/02/2023 HOLIDAY WHOLESALE 2,685.52 7428 06/02/2023 JEFFERSON FIRE & SAFETY 3,265.67 7429 06/02/2023 J F AHERN CO 315.00 7430 06/02/2023 JFTCO INC 81,302.37 7431 06/02/2023 KEMIRA WATER SOLUTIONS INC 10,120.85 7432 06/02/2023 LEE BEVERAGE 564.04 7433 06/02/2023 MCMAHON ASSOCIATES INC 4,441.00 7434 06/02/2023 MICHELS ROAD AND STONE, INC 2,069.53 7435 06/02/2023 MIDWEST EQUIPMENT SPECIALISTS INC 1,351.71 7436 06/02/2023 NORTHERN LAKE SERVICE INC 1,508.19 7437 06/02/2023 OSHKOSH CONVENTION AND 147,719.15 7438 06/02/2023 OSHKOSH CONVENTION AND 9,441.18 7439 06/02/2023 PLYMOUTH LUBRICANTS 851.52 7440 06/02/2023 PREMISE HEALTH SYSTEMS INC 817.80 7441 06/02/2023 REINDERS INC 563.60 7442 06/02/2023 RENNING LEWIS AND LACY SC 4,985.50 7443 06/02/2023 SERVICEMASTER BLDG MAINTENANCE 3,625.00 7444 06/02/2023 VORPAHL INC 2,581.11 7445 06/02/2023 WI PUBLIC SERVICE CORP 8,681.85 7446 06/02/2023 WINNEBAGO COUNTY TREASURER 2,988.50 7447 06/02/2023 AUGUST WINTER & SONS INC 3,821.00 503317 06/02/2023 DRYDON EQUIPMENT A DXP COMPANY 3,812.33 503318 06/02/2023 BOUND TREE MEDICAL LLC 995.04 503319 06/02/2023 CASEY KOELBL 37.84 503320 06/02/2023 DAVID J ZERBE 210.00 503321 06/02/2023 DEANA BRANDL 51.99 503322 06/02/2023 DRAFT TECH LLC 196.00 503323 06/02/2023 FOX VALLEY TECH COLLEGE 70.00 503324 06/02/2023 FOX VALLEY TECH COLLEGE 240.00 503325 06/02/2023 GARTMAN MECHANICAL SERVICES 5,526.72 503326 06/02/2023 HENRY SCHEIN INC 4,261.40 503327 06/02/2023 HYDRAULIC ENGINEERING SERVICES INC 4,500.00 503328 06/02/2023 JERRY FABISCH 25.55 503329 06/02/2023 MCKAY NURSERY HOLDING COMPANY INC 7,215.50 503330 06/02/2023 ANNE MARIE BRUNNER-ABDERHOLDEN 2,000.00 503331 06/02/2023 CRAIG DELORME 2,000.00 503332 06/02/2023 Diana Martin 23.00 503333 06/02/2023 DUSTIN M KYNZ/AMANDA S BUHROW 2,000.00 503334 06/02/2023 ERVIN SCHROEDER LIVING TRUST 2,000.00 503335 06/02/2023 GEORGE MILLER 7.00 503336 06/02/2023 JERIMY DEERR 2,000.00 503337 06/02/2023 KAREN A RYSAVY/TYLER R PATTEN 2,000.00 503338 06/02/2023 KELLY RADANT/SCOTT HUIRAS 2,000.00 503339 06/02/2023 RAYMANN PROPERTIES LLC 2,000.00 503340 06/02/2023 TERRI SELL 63.00 503341 06/02/2023 WILLIAM E/CANDI S MAGRITZ 2,000.00 503342 06/02/2023 OSHKOSH AREA HUMANE SOCIETY 3,630.00 503343 06/02/2023 CITY OF OSHKOSH 41.92 503344 06/02/2023 CITY OF OSHKOSH 100.00 503345 06/02/2023 OSHKOSH HERALD LLC 2,165.12 503346 06/02/2023 PEPSI COLA GENERAL BOTTLNG INC 3,059.20 503347 06/02/2023 RADDATZ FARM LLC 100.00 503348 06/02/2023 ROXY SUPPER CLUB 2,645.00 503349 06/02/2023 SONSEEKER POOL MASONRY LLC 93,560.62 503350 06/02/2023 STERICYCLE INC 241.37 503351 06/02/2023 SURE FIRE INC 23,800.00 503352 06/02/2023 THE HOME DEPOT PRO 429.03 503353 06/02/2023 THOMAS BAUER 12.00 503354 06/02/2023 THOMAS R KARRELS PE SC 2,100.00 503355 06/02/2023 TRUGREEN PROCESSING CENTER 1,186.36 503356 06/02/2023 UNITED PARCEL SERVICE 150.23 503357 06/02/2023 VERIZON WIRELESS 120.05 503358 06/02/2023 VERMEER WISCONSIN INC 524.48 503359 06/02/2023 WINNEBAGO COUNTY HEALTH DEPT 2,345.00 543,628.56 CHECK NUMBER DATE VENDOR NAME AMOUNT 7448 06/09/2023 ANTHONY L NEUMANN 43.75 7449 06/09/2023 BADGER LAB & ENGINEERNG CO INC 37,374.80 7450 06/09/2023 CABLECOM LLC 153,031.09 7451 06/09/2023 CARRICO AQUATIC RESOURCES INC 6,500.00 7452 06/09/2023 CENTRAL TEMP EQUIPMENT SERVICE 787.73 7453 06/09/2023 CINTAS CORPORATION 521.12 7454 06/09/2023 IMAGE 360 INC 75.00 7455 06/09/2023 DFI SOLUTIONS IN PRINT INC 5,992.34 7456 06/09/2023 DORNER INC 468,700.50 7457 06/09/2023 ENERGY CONTROL AND DESIGN INC 271.90 7458 06/09/2023 ENTERPRISE LIGHTING LTD 3,792.06 7459 06/09/2023 ENVISIONINK PRINTING SOLUTIONS INC 1,222.00 7460 06/09/2023 FERGUSON WATERWORKS #1476 5,583.00 7461 06/09/2023 CENGAGE LEARNING INC 45.33 7462 06/09/2023 GAPPA SECURITY SOLUTIONS LLC 565.00 7463 06/09/2023 GARROW OIL CORP 40,860.21 7464 06/09/2023 AMERICAN OVERHEAD DOOR COMPANY INC 6,321.00 7465 06/09/2023 HAROLD CARPENTER AND COMPLETE OVERHEAD 6,151.00 7466 06/09/2023 HOLIDAY WHOLESALE 7,465.45 7467 06/09/2023 HUNTER SECURITY AND SURVEILLANCE 1,712.38 7468 06/09/2023 HYDRO CORP 6,187.00 7469 06/09/2023 JOSEPH M STANDIFORD 206.98 7470 06/09/2023 JUSTIFACTS CVS INC 853.00 7471 06/09/2023 KEMIRA WATER SOLUTIONS INC 10,282.61 7472 06/09/2023 KONE INC 1,409.40 7473 06/09/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 86,641.85 7474 06/09/2023 LINCOLN CONTRACTORS SUPPLY INC 215.36 7475 06/09/2023 MCC INC 2,443.00 7476 06/09/2023 MICHELS ROAD AND STONE, INC 2,024.79 7477 06/09/2023 MONROE TRUCK EQUIPMENT 1,444.00 7478 06/09/2023 NITRO SOFTWARE INC 185.43 7479 06/09/2023 NORTHEAST ASPHALT INC 25,375.06 7480 06/09/2023 NORTHERN LAKE SERVICE INC 1,157.08 7481 06/09/2023 OSHKOSH CITY CAB CO INC 106,351.00 7482 06/09/2023 PLYMOUTH LUBRICANTS 993.24 7483 06/09/2023 PRIMADATA LLC 12,593.84 7484 06/09/2023 PROFESSIONAL SVC INDUSTRIES 14,476.79 7485 06/09/2023 P T S CONTRACTORS INC 261,375.11 7486 06/09/2023 QUALITY TRUCK CARE CENTER INC 192.44 7487 06/09/2023 RED SHOES INC 5,000.00 7488 06/09/2023 ROGAN'S SHOES 620.50 7489 06/09/2023 RUCINSKYS PAINT AND DECORATING LLC 1,650.00 7490 06/09/2023 RUGGED DEPOT 222.31 7491 06/09/2023 SERVICEMASTER BLDG MAINTENANCE 1,080.00 7492 06/09/2023 TAPCO INC 49,279.23 7493 06/09/2023 TAPCO INC 18,103.15 7494 06/09/2023 MCCLONE 78,750.00 7495 06/09/2023 VINTON CONSTRUCTION INC 284,869.41 7496 06/09/2023 WI PUBLIC SERVICE CORP 7,341.43 7497 06/09/2023 WILLIS TOWERS WATSON MIDWEST INC 82,284.75 7498 06/09/2023 AUGUST WINTER & SONS INC 3,821.00 7499 06/09/2023 WOOD SEWER & EXCAVATING INC 180,915.81 503360 06/09/2023 N-CON SYSTEMS COMPANY INC 5,388.00 503361 06/09/2023 4 IMPRINT 654.70 503362 06/09/2023 44 NORTH ADVERTISING & DESIGN 475.00 503363 06/09/2023 AAS RENTALS LLC 35.71 503364 06/09/2023 ADAM KRAUSE 184.06 503365 06/09/2023 ADVANCE CONSTRUCTION INC 1,004,854.76 503366 06/09/2023 ANDREW J PRICKETT 217.40 503367 06/09/2023 ASSURANCE TITLE SERVICES INC 55.00 503368 06/09/2023 ASSURANCE TITLE SERVICES INC 7,500.00 503369 06/09/2023 AT & T 1,716.63 503370 06/09/2023 AT & T 834.54 503371 06/09/2023 BIRDSEYE DAIRY INC 779.50 503372 06/09/2023 BOUND TREE MEDICAL LLC 1,109.30 503373 06/09/2023 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 357,973.77 503374 06/09/2023 BRANDON C NIELSEN 49.13 503375 06/09/2023 BROULLIRE ANTHONY 41.98 503376 06/09/2023 CAMERA CASINO 26.99 503377 06/09/2023 CARDINAL CONSTRUCTION CO INC 17,172.00 503378 06/09/2023 CARYN BEHLMAN 98.25 503379 06/09/2023 CASEY KOELBL 167.68 503380 06/09/2023 CHRIS HAEDT 39.30 503381 06/09/2023 CHRISTOPHER GORTE 10.00 503382 06/09/2023 COMPASS CONSULTING AND INVESTIGATIONS LLC 2,459.00 503383 06/09/2023 CURT KLASKE 345.19 503384 06/09/2023 DAUBERT CAROL 53.24 503385 06/09/2023 DOA-DIV OF ENERGY HOUSING & COMM RESOURCES 498.46 503386 06/09/2023 DRIESSEN CARPENTRY 24,821.00 503387 06/09/2023 DUNCAN SOLUTIONS LLC 16,961.75 503388 06/09/2023 ECR CASH REGISTERS LLC 600.00 503389 06/09/2023 ENRIQUE ORTEGA 75.33 503390 06/09/2023 ENVIRONMENTAL HAZARDS SERV LLC 57.60 503391 06/09/2023 FIRST AMERICAN TITLE INSURANCE COMPANY 42.36 503392 06/09/2023 GB LEAD SERVICES LLC 18,330.00 503393 06/09/2023 GRANT WILSON 10.00 503394 06/09/2023 HARVEY JAMES P 981.89 503395 06/09/2023 HASTINGS AIR ENERGY CONTRL INC 3,555.00 503396 06/09/2023 HENRY SCHEIN INC 2,505.01 503397 06/09/2023 HICKEY ROOFING INC 390.00 503398 06/09/2023 HOUSE OF FLOWERS 203.85 503399 06/09/2023 JACK B REW 10.00 503400 06/09/2023 JACK CLEVEN INC 874.56 503401 06/09/2023 JACOB DEDERING 136.24 503402 06/09/2023 JANICE L ROGERS 6.55 503403 06/09/2023 JEREMY KRUEGER 115.00 503404 06/09/2023 JERRY FABISCH 238.42 503405 06/09/2023 JOHN ZARATE 580.65 503406 06/09/2023 JON MUELLER 146.72 503407 06/09/2023 JOSEPH GOGO 20.00 503408 06/09/2023 JULIE CALMES 1,354.69 503409 06/09/2023 K&P DEVELOPMENT LLC 9,392.25 503410 06/09/2023 A. KALMERTON WELDING SUPPLIES 244.10 503411 06/09/2023 KANE COMMUNICATIONS GROUP 3,807.25 503412 06/09/2023 KATRINA MALSON 119.21 503413 06/09/2023 KENNETH L GRESSER 93.01 503414 06/09/2023 KITZ AND PFEIL POWER CENTER & SERVICE 233.53 503415 06/09/2023 KLINK EQUIPMENT 542.31 503416 06/09/2023 KODI PARKER 69.43 503417 06/09/2023 LEE RECREATION LLC 196,000.00 503418 06/09/2023 LEIGH SCHUH 151.31 503419 06/09/2023 MARK A ROHLOFF 61.43 503420 06/09/2023 MATTHEW CHRISTENSEN 23.79 503421 06/09/2023 ASCENSION WISCONSIN 612.00 503422 06/09/2023 MICHAEL MALONE 1,500.00 503423 06/09/2023 MICHAEL T UNDERWOOD 3,200.00 503424 06/09/2023 MOKLER PROPERTIES LLC BT 73.74 503425 06/09/2023 NASRO 550.00 503426 06/09/2023 Diane Heil 13.00 503427 06/09/2023 JESSE J BRAUER/MATTHEW P SCHMIDT 2,000.00 503428 06/09/2023 MATTHEW NELSON 15.00 503429 06/09/2023 Sarah Nau 15.00 503430 06/09/2023 CITY OF OSHKOSH 45.35 503431 06/09/2023 CITY OF OSHKOSH UTILITIES 63.89 503432 06/09/2023 PARK 'N PRINT INC 139.50 503433 06/09/2023 PATRICIA SITTER 5.90 503434 06/09/2023 PETROLEUM TRADERS CORPORATION 27,831.39 503435 06/09/2023 POMP'S TIRE SERVICES INC 9,126.74 503436 06/09/2023 RASMUSSEN NANCY 98.80 503437 06/09/2023 REALTORS ASSOCIATION OF NORTHEAST WISCONSIN INC 325.00 503438 06/09/2023 RESPONDER TRAINING ENTERPRISES 4,700.00 503439 06/09/2023 RIESTERER & SCHNELL INC 760.33 503440 06/09/2023 RUNDLE SPENCE MFG CO 5,886.88 503441 06/09/2023 RYAN BOERNER 130.16 503442 06/09/2023 SARAH DANAHY 1,690.00 503443 06/09/2023 SCHMITT TITLE LLC 71.80 503444 06/09/2023 SEILER INSTRUMENT & MFG CO INC 7,225.00 503445 06/09/2023 STATE BAR OF WISCONSIN 89.17 503446 06/09/2023 STATE BAR OF WISCONSIN 97.85 503447 06/09/2023 ERIC C JOHNSON 6,000.00 503448 06/09/2023 WIMBUSH AND ASSOCIATES, INC 480.00 503449 06/09/2023 THE IMPROVEMENT CENTER LLC 17,606.00 503450 06/09/2023 THEDACARE LABORATORIES 42.50 503451 06/09/2023 THOMPSON PHOTO IMAGERY 519.00 503452 06/09/2023 TITAN PROPERTY MANAGEMENT LLC 111.64 503453 06/09/2023 TKK ELECTRONICS C/O US BANK NA 3,676.00 503454 06/09/2023 TODD MUEHRER 21.62 503455 06/09/2023 TOWN N COUNTRY TITLE LLC 31.79 503456 06/09/2023 UMS PRINT SOLUTIONS 414.99 503457 06/09/2023 UNITED PARCEL SERVICE 100.26 503458 06/09/2023 US CELLULAR 33.75 503459 06/09/2023 US SIGNAL COMPANY LLC 2.11 503460 06/09/2023 BRITTANY ATTEBERRY 1,800.00 503461 06/09/2023 WI DEPT OF NATURAL RESOURCES 8,000.00 503462 06/09/2023 WI DEPT OF REVENUE 20.00 503463 06/09/2023 WI DEPT OF SAFETY & PRO SVCS 518.00 503464 06/09/2023 WIEGAND ALEXZANDRIA L 69.91 503465 06/09/2023 GANNETT WISCONSIN MEDIA 42.00 503466 06/09/2023 YOUR SPACE LLC 35.71 3,786,646.84 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 23,2023 REGULAR MEETING held Tuesday, May 23, 2023 at 6:01 p.m. in the Council Chambers, City Hall. Mayor Mugerauer presided. PRESENT: Council Members Lynnsey Erickson, Michael Ford, Joe Stephenson, Karl Buelow, LaKeisha Haase, Paul Esslinger, and Mayor Mugerauer ALSO PRESENT: Mark Rohloff, City Manager; Diane Bartlett, City Clerk; Lynn Lorenson, City Attorney; and Russ Van Gompel; Director of Finance PRESENTATION: Acanthus Awards CITIZEN STATEMENTS TO COUNCIL Patty Diener, 1316 Board Street – Various Items CONSENT AGENDA ITEMS Report of Bills by the Finance Director Receipt & Filing of Meeting Minutes - Common Council Meeting 05.09.23 Receipt & Filing of Meeting Minutes - Museum Board Meeting 04.06.23 Receipt & Filing of Meeting Minutes – Library Board Meeting 03.30.23 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 Res 23-236 Reject Bid for Public Works Contract No. 23-15 for Wastewater Plant Digester and Headworks Roofs Replacement 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) Res 23-238 Approve Street Dedication Siewert Trail and Oak Street (Plan Commission Recommends Approval) 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) Res 23-240 Approve Conditional Use Permit Request for a Temporary Use Permit Extension at 420 South Koeller Street (Plan Commission Recommends Approval) Res 23-241 Approve Conditional Use Permit Request for a New Elementary School at 915 Hazel Street (Plan Commission Recommends Approval) 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) 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) Res 23-244 Amend 2023 CIP and Approve Cooperative Purchase of Leaf Vac from MacQueen Equipment for Storm Water Utility ($67,156.00) 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) 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 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 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 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) 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 Res 23-251 Approve Special Event – FM Entertainment to utilize the Leach Amphitheater for the Train concert, August 6, 2023 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 Res 23-254 Re-Appointment to Various Boards and Commissions Res 23-255 Approve Combination “Class A” License, Class “B” Fermented Malt Beverage, Temporary Beer Garden MOTION TO ADOPT CONSENT AGENDA (Except Res 23-252, pulled for discussion) Esslinger, second Ford CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer ITEMS REMOVED FROM CONSENT AGENDA 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 MOTION TO APPROVE Res 23-252: Esslinger, second Erickson CARRIED: 6-1 Ayes (6) Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer Present (1) Ford NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) *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) *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) NOTE: Items designated above were not voted on (first reading) NEW ORDINANCES 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) MOTION TO WAIVE THE RULES FOR Ord 23-258: Esslinger, second Ford CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer MOTION TO APPROVE Ord 23-258: Erickson, second Buelow CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer NEW RESOLUTIONS 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) MOTION TO LAYOVER Res 23-259 TO JULY 25, 2023: Esslinger, second Ford CARRIED: 7-0 Ayes (7) Erickson, Ford, Stephenson, Buelow, Haase, Esslinger, and Mayor Mugerauer 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. MOTION TO APPROVE Res 23-260: Esslinger, second Erickson CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer 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. MOTION TO APPROVE Res 23-261: Esslinger, second Buelow CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer 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. MOTION TO APPROVE Res 23-262: Esslinger, second Erickson CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer Res 23-263 Approve Annual City Licenses (Renewals) MOTION TO APPROVE Res 23-263: Stephenson, second Buelow CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer Res 23-264 Approve Combination “Class B” License / New License for Oshkosh Convention Center - 2 N. Main St. MOTION TO APPROVE Res 23-264: Esslinger, second Buelow CARRIED: 7-0 Ayes (7) Ford, Stephenson, Buelow, Haase, Esslinger, Erickson, and Mayor Mugerauer COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Future Agenda Items: A. Direction Related to Non-Renewal Hearing – June 13, 2023 - Red’s Pizza 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 COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions CITY MANAGER ANNOUNCEMENTS & STATEMENTS Oshkosh Media – Best of the Midwest Media Fest Award Outstanding Issues ADJOURN MOTION TO ADJOURN: Esslinger, second Buelow CARRIED: Voice Vote The Meeting Adjourned at 7:04PM DIANE M. BARTLETT, CITY CLERK Minutes of the May 4, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 4 Minutes of the May 4, 2023 Board Meeting (Approved at the June 1, 2023 Board Meeting.) The May meeting of the Oshkosh Public Museum (OPM) Board was held Thursday, May 4, 2023, in the Galena Room of the Museum. President Gabe Loiacono called the meeting to order at 4:00 p.m. 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, Vicky Redlin, Dana Stolley and Jean Thierman, Oshkosh Area School District Board President Beth Wyman, Superintendent of Schools Bryan Davis ALSO PRESENT: Director Sarah Phillips, Assistant Director/Chief Curator Anna Cannizzo, Marketing Coordinator Kate Stel, Curator of Education Neal Matherne, Administrative Assistant Theresa Books recording the Minutes The Board welcomed new Curator of Education, Neal Matherne. He told the Board a bit about his background as well as his philosophy on teaching and helping children and adults learn. There were no citizen statements to the Board and none were received. Consent Agenda items included: A. Minutes of the April 6, 2023, Board Meeting B. May Bill List C. Receipt and Filing of Quarter 1 Reports of Museum Funds held at the Oshkosh Area Community Foundation MOTION: Approve Consent Resolution Agenda. (Matzke; second Thierman) CARRIED: Yes (9) Davis, Drexler, Fenrich, Loiacono, Matzke, Redlin, Stolley, Thierman, Wyman Director Phillips then reported to the Board that the Museum received a bequest from the William Wingren estate in the amount of $42,000. At the June meeting, she will bring forward ideas for its use. MOTION: That the Board gratefully receive the bequest from the William Wingren Estate and put 10% of the amount into the Museum Endowment Fund held at the Oshkosh Area Community Foundation per Board policy. (Thierman; second Redlin) CARRIED: Yes (9) Davis, Drexler, Fenrich, Loiacono, Matzke, Redlin, Stolley, Thierman, Wyman Review of OPM Collections practices in light of recent articles pertaining to OPM and the Native American Graves Protection and Repatriation Act (NAGPRA) was next on the agenda. Director Minutes of the May 4, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 4 Phillips noted that in January 2023 the ProPublica online news source reported regarding the federal database that relates to NAGPRA. The article started a good discussion. Miles McGuire then reached out to the OPM. Director Phillips and Ms. Cannizzo met with him and shared the history and practices followed by the OPM since the passage of the law. He wrote an article that was in the online Oshkosh Examiner. Ms. Cannizzo gave examples of NAGPRA requests and noted that the Menominee asked for privacy, which is why the Collections staff does not make details of every culturally-sensitive holding, or of every repatriation, widely accessible. The City’s Diversity, Equity, and Inclusion (DEI) Committee asked Director Phillips and Ms. Cannizzo to meet with them and explain how it works for Museums as relates to NAGPRA. During that meeting, Director Phillips and Ms. Cannizzo discussed the OPM approach to NAGPRA and the importance of building relationships and open communication with Tribal officials for successful repatriation efforts. Director Phillips opened for questions. Ms. Cavett asked just what ProPublica had written. Director Phillips noted that they created their own categories and definitions for museums rather than using the legal terminology that the NAGPRA law and policies mandate for museums. Regarding the law, Ms. Cannizzo noted that “cultural patrimony” is the most dynamic category of cultural items. She noted that the NAGPRA law went in effect in 1990. By 1993, the OPM inventory was complete and submitted to the federal government, and notification letters were sent to tribes. Ms. Matzke asked if OPM is writing to ProPublica regarding their article. Director Phillips said she talked with Andy Radig of Oshkosh Media regarding this. Mr. Radig thought that the Oshkosh Examiner article clarified the situation well, and therefore it was not necessary to discuss it further with ProPublica. Director Phillips noted that one positive outcome of the ProPublica article is that many museums are evaluating their related policies, communications, etc. The question arose about the last time funerary objects were exhibited at the OPM. Ms. Cannizzo explained that the last display of ancestral remains and related funerary items was removed from exhibit around 1990, and had been repatriated with the appropriate Tribe. President Loiacono then requested Director Phillips present the Director’s report. Director Phillips began with an update on education. She reported that OPM is pleased to welcome Neal Matherne to the staff. As Curator of Education, he will lead and provide vision for the Museum's Education program. Now all primary program areas (Collections, Exhibitions, Education, Visitor Services and Development) have lead staff. Welcome, Neal! She then informed the board of the departure of Maintenance Technician Matt Reinke. Although in the beginning of 2023 he was assigned to the City General Services Maintenance Division, Matt had been assigned to the Museum and worked closely with staff on many projects over the years. Museum staff wish him all the best in his new position in the private sector. Minutes of the May 4, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 4 Regarding the OPM Education Program Fieldtrips, Director Phillips reported that during this 2022- 2023 school year OPM served 357 Oshkosh Area School District (OASD) students. There is no charge for their visits to the Museum. For non-OASD, there were 64 students and 53 college students. That makes for 474 students served by the museum so far during the school year. Director Phillips then reported that the City CIP cycle has officially begun. Requests are due to the Finance Office next Friday, May 12, 2023. Because the Maintenance Department is organized under General Services (GS), all facilities-related requests will be done collaboratively with GS and OPM. All other requests (like for exhibitions, for example) will continue to be done through the Museum. Next Director Phillips reported that the Common Council had formed a subcommittee to evaluate the City Boards, Commissions, and Committees (BCC) to address issues involving reduced citizen interest in applying for BCCs, an increase in member turnover, and canceled meetings/lack of quorums over the last couple of years. From February to April of this year, the Subcommittee met with Board Chairs and Staff Liaisons to examine the operations of the optional BCCs. Optional BCCs are established by local option, and not required by state law. Among other recommendations, at the Tuesday, May 9 Council meeting the Subcommittee will recommend that the Museum Board and Public Arts and Beautification Committee be consolidated into one board. This recommendation is based on the two entities having mutually beneficial opportunities and the Subcommittee feels the community will benefit from a combined focus and approach to art and history. Director Phillips further reported that a standardized group size is also recommended. The Subcommittee is recommending that BCC’s have five members and two alternates unless otherwise decided by the Council. Group size would be achieved through attrition and interest inquiry. There is no recommendation currently on Council Member liaisons to boards or ex-officio members. Director Phillips opened for questions and discussion. Much discussion followed with the general consensus that the Museum Board does not agree with the subcommittee recommendation. It was determined that President Loiacono would prepare a letter to email to Council members prior to the Tuesday meeting. That concluded the Director’s Report. President Loiacono decided to hold his report for another meeting. President Loiacono requested the Auxiliary report. Auxiliary President Holly Eichman reported that there are Auxiliary members that are upset that the Gala held in November of 2022 was to be the last Gala. Visitor Services staff member Ginny Gross helped Holly with some research about fundraising that was done by the OPM Auxiliary. At the Minutes of the May 4, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 4 of 4 April Auxiliary meeting Ms. Eichman reported to the group what she found. The Art Fair, which was a labor-intensive fundraiser, ended in 2005. The Gala and Pie on the Lawn started in 2012. The Auxiliary didn’t have any big fundraiser in between other than an occasional bake sale. This information was mailed to the Auxiliary members that were unable to attend the meeting. For the 2023-2024 program year Ms. Eichman would like the Auxiliary to enjoy some good food, programs and socialization instead of planning a fundraiser. This seemed to be agreeable to most of the members. Ms. Eichman further reported that the end of the program year luncheon will be at the Roxy on Friday, May 12th. Each member will be given a geranium to take home. The entertainment will be a ukelele solo by David Hable. That concluded the Auxiliary Report. Board elections were next on the agenda. President Loiacono recommended the nomination of Ms. Matzke for President and Ms. Drexler for Vice President. He opened for nominations and discussion. There was little discussion, then a motion was made. MOTION: That the Board elect Becky Matzke for President and Connie Drexler for Vice President. (Thierman; second Redlin) CARRIED: Yes (9) Davis, Drexler, Fenrich, Loiacono, Matzke, Redlin, Stolley, Thierman, Wyman With no other Agenda items, President Loiacono asked for a motion to adjourn. MOTION: Adjourn (Drexler; second Fenrich) CARRIED: Voice Vote The meeting adjourned at 5:17 p.m. MINUTES OF THE LIBRARY BOARD Oshkosh Public Library April 27, 2023 The meeting of the Oshkosh Public Library Board of Trustees was held on April 27, 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, Larry Lautenschlager, Christine Melms- Simon, Lindsey Mugerauer, Baron Perlman and Amber Shemanski. Absent were: Julie Davids, David Romond, David Rucker and Samantha Teal, Adjunct Board Member. Others present were: Jeff Gilderson- Duwe, Oshkosh Public Library Director; Lisa Voss, Assistant Director for Library Development; Ruth Percey, Assistant Director for Public Services; Joe Bongers, Head of Information Services; Laura McDonald, Marketing Coordinator and Tracie Schlaak, Administrative Specialist. There were no public comments. Consent Agenda Items: • Meeting Minutes of the Meeting of March 30, 2023 • Vouchers Payable - $437,043.12 • 2024 Reimbursement for cross-county rural use Motion to approve the consent agenda as presented with a correction to the number of counties that are part of the cross-county rural use – the agreement should indicate 5 counties participating instead of 4 Motion: Perlman; Second: Lautenschlager; Vote: Unanimous New Business • Guest: Laura McDonald, Marketing Coordinator- Laura gave a positive report on the newsletter that goes out every month and how the click-tracking has increased significantly. • OPL-Winnefox Contractual Services / Compensation Agreement: Proposed revision to end the practice of having the Oshkosh Public Library Director serve also as the Winnefox Library System Director. Proposed reduction of the scheduled compensation by Winnefox to Oshkosh Public Library for the administrative services of its Director. Revising the agreement was already approved by the Winnefox Library System Board on April 26, 2023. Motion to approve the proposed changes to the Contractual and Compensation Agreements with Winnefox. Motion: Perlman; Second: Brown; Vote: Unanimous • Appointment of an ad hoc Director Recruitment Committee Board President appointed David Rucker, Larry Lautenschlager, Barry Perlman, Amber Shemanski and Bill Bracken to this committee. Motion to approve the ad hoc committee members as appointed. Motion: Perlman; Second: Mugerauer; Vote: Unanimous • Interim Library Director: Director proposes appointment of Assistant Directors Ruth Percey and Lisa Voss to joint interim Library Director status until a new Library Director can be appointed. Motion to appoint Ruth Percey and Lisa Voss as joint interim directors until a new director can be hired. Motion: Perlman; Second: Lautenschlager; Vote: Unanimous • Interim Library Director Compensation: Director proposes increasing hourly rate of appointed Interim Director(s) by 25% above hourly rate in current position, from 6-3-2023 until the end of the pay period in which falls the start date of a newly hired Library Director. Motion: To approve the suggested increase in hourly rate of the two appointed Interim Directors from 6-3-2023 until a new director is hired Motion: Perlman; Second: Lautenschlager; Vote: Unanimous • 2024 Operating Budget Preparation Calendar: A special OPL Board meeting to discuss the 2024 operating budget was scheduled to be held on August 3, 2023, at 4:00 pm. Motion: to approve the date of the scheduled 2024 operating budget meeting of August 3, 2023, at 4:00 pm. Motion: Perlman; Second: Lautenschlager; Vote: Unanimous Trustee Comments Barry Perlman presented a statement on behalf of the Library Board of Trustees: With appreciation, respect and affection, the Oshkosh Public Library Board of Trustees thanks Jeff Gilderson- Duwe for your 18 years of exemplary service as director of the Oshkosh Public Library. Your effective professionalism and sheer hard work have maintained and cemented the Oshkosh Public Library as one of the city’s gems. Your tireless advocacy for the freedom of ideas for the citizens of Oshkosh exemplifies your commitment to public libraries everywhere. We wish you only the best in the next chapters of your life. Bravo! Library Board of Trustees April 27, 2023 Adjournment Motion to Adjourn the meeting at 5:20 PM Motion: Perlman; Second: Lautenschlager; Vote: Unanimous Respectfully, Jeff Gilderson-Duwe, Secretary Tracie Schlaak – Recorder June 1, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Joseph Dutscheck Claim Number: WM000702661214 Date of Loss: 05/26/2023 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 JUNE 13, 2023 23-274 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier which has recommended disallowance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh: NAME - Paul Klemp Date of loss: 05/13/2023 (alleged damage to tire from nail in roadway near Murdock and N. Main St. ) BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh. JUNE 13, 2023 23-275 RESOLUTION (CARRIED_____7-0___LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR WASTEWATER TREATMENT PLANT CONCRETE AND STRUCTURAL REPAIRS ($157,270.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Concrete and Structural Repairs in the amount of one hundred fifty-seven thousand two hundred seventy dollars ($157,270.00). Acct. No. 03221910-7214-64150 Sewer Capital Fund-Buildings & Building Imprvmts-WWTP Building Improvements I:\Wastewater\23-13 WWTP Conc & Struct Repairs\Project_Information\Correspondence\Memo\23-13 Donohue Memo-Des, Bid, & CRS Agreement Memo_6-8-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works / Utilities General Manager DATE: June 8, 2023 RE: Approve Professional Services Agreement with Donohue & Associates, Inc. (Donohue) for Wastewater Treatment Plant (WWTP) Concrete and Structural Repairs ($157,270) BACKGROUND Donohue performed a field review of concrete and structural conditions in August 2021 and submitted a Technical Memorandum to the Department of Public Works in September 2021 documenting the findings and repair recommendations. The document noted several areas in need of repairs. One of the highest priority concerns is located at a floor opening in the truck bay adjacent to the headworks building. This opening facilitates removal of equipment in the lower level. It is covered with a removable reinforced concrete panel. The panel contains steel framing around the outer edge and rests on a steel angle embedded in the concrete floor. The presence of water in this area has resulted in significant concrete deterioration and steel corrosion in and around the opening. Other concerns include the following: warped lintel plates at overhead doors, cracks in concrete walls and ceilings, spalled concrete and exposed rebar, cracked and spalled face brick, failed coatings, seepage under masonry walls, leakage at expansion joints, and severely deteriorated primary clarifier walls. Several leaking expansion joints lie at the bottom of process channels. Repairing these expansion joints will require isolation bulkheads and, on two (2) occasions, temporary bypass pumping. ANALYSIS Donohue’s services will include preparing bidding documents for the Project; supporting the City during public bidding; and performing construction-related services, including conducting a pre-construction conference, attending construction progress meetings, visiting site and observing construction, providing technical review of shop drawings and samples, reviewing applications for payment, preparing punchlists, and preparing record drawings. I:\Wastewater\23-13 WWTP Conc & Struct Repairs\Project_Information\Correspondence\Memo\23-13 Donohue Memo-Des, Bid, & CRS Agreement Memo_6-8-23.docx Page 2 of 2 Staff have reviewed the proposal, and find that the costs associated with this Project are commensurate with the amount of work to be performed. FISCAL IMPACT The cost of this agreement is $157,270. Funding for this Project is available in the Capital Improvements Program (Account No. 03221910-7214-64150/Sewer Capital Fund- Buildings & Building Imprvmts-WWTP Building Improvements). RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the proposal and in accordance with Section 12-16 of the Municipal Code, I am hereby recommending that the Common Council approve this professional services agreement. Approved: Mark A. Rohloff City Manager SMG/tlt JUNE 13, 2023 23-276 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES, INC, FOR 2020 – 2022 ILLICIT DISCHARGE DETECTION AND ELIMINATION OUTFALL SCREENING AND REVISIONS TO THE ONGOING SCREENING PROGRAM ($24,500.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City and Westwood Professional Services, Inc. previously entered into an agreement in which Westwood would perform the ongoing storm sewer outfall screening for 2020 – 2022; and WHEREAS, staff has requested additional services related to ongoing screening required by Wisconsin Department of Natural Resources. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to enter into and take those steps necessary to implement an appropriate amended professional services agreement with Westwood for services through calendar year 2023 in the amount of twenty-four thousand five hundred dollars ($24,500.00). Acct. No. 05612050-6401 Engineering & Planning-PS –Engineer/ Survey/ Appraisal C:\Users\dianeb\AppData\Local\Temp\c30c-5006-56e5-4cee.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: June 8, 2023 RE: Approve Amendment No. 1 to Professional Services Agreement with Westwood Professional Services, Inc. (Westwood) for 2020 – 2022 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program ($24,500) BACKGROUND A professional services agreement was awarded by Common Council on January 14, 2020 to Westwood to perform the ongoing storm sewer outfall screening for 2020 – 2022. The ongoing field screening of storm sewer outfalls is required by the Wisconsin Department of Natural Resources (WDNR) under Wisconsin Administrative Code Section NR 216, and the City’s Municipal Separate Storm Sewer System (MS4) General Permit WI- S050075-3. The WDNR administers this program in accordance with the United States Environmental Protection Agency Clean Water Act. ANALYSIS The original agreement was scheduled to end in December 2022. The original agreement contained the option to renew the agreement for two (2) – additional one (1) year terms. The City has requested an amendment to this agreement to continue these services through the end of calendar year 2023. FISCAL IMPACT Funds are available in the 2023 Storm Water Utility Operating Budget (Account #05612050-6401/ Engineering & Planning-PS – Engineer/Survey/Appraisal). C:\Users\dianeb\AppData\Local\Temp\c30c-5006-56e5-4cee.docx Page 2 of 2 RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed this amendment and in accordance with Section 12-16 of the Code, I am hereby recommending the Common Council approve this amendment. Approved, Mark A. Rohloff City Manager JLG/tlt JUNE 13, 2023 23-277 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR WASTEWATER TREATMENT PLANT ROOF REPLACEMENT ($117,850.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Donohue & Associates, Inc. for Development of Bidding Documents for Wastewater Treatment Plant Roofs Replacement in the amount of one hundred seventeen thousand eight hundred fifty dollars ($117,850.00). Acct. No. 03221910-7214-64150 Sewer Capital Fund-Buildings & Building Imprvmts-WWTP Building Improvements I:\Wastewater\24-04 WWTP Roofs Repl\Project_Information\Correspondence\Memo\24-04 Donohue Memo-Des, Bid, & CRS Agreement-WWTP Roofs Repl Memo_6-8-23.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works / Utilities General Manager DATE: June 8, 2023 RE: Approve Professional Services Agreement with Donohue & Associates, Inc. (Donohue) for Wastewater Treatment Plant (WWTP) Roofs Replacement ($117,850) BACKGROUND Donohue previously assisted the City with the preparation of bidding documents for the replacements of roofs for WWTP’s Digester and Headworks buildings. The City received a single bid that far exceeded the budget and the Engineer’s estimate. The Common Council (Council) approved rejection of that bid at the May 23rd Council meeting. The Department of Public Works requested a proposal from Donohue to develop bidding documents for nearly all of the roofs at the WWTP and assist the City in publicly bidding this work in late 2023 when contractors are lining up their work for the subsequent construction season in 2024. The roofs to be replaced in this Project include: the Headworks building, Digester building, two (2) truck bays, Solids building, Chemical building, DAFT building, grit area, motor room, Maintenance building, Lab, and Administration building. Funding will be proposed in the 2024 Capital Improvements Program. ANALYSIS Donohue’s services will include preparing bidding documents for the Project and supporting the City during public bidding. Staff have reviewed the proposal, and find that the costs associated with this Project are commensurate with the amount of work to be performed. FISCAL IMPACT The cost of this agreement is $117,850. Funding for this Project is available in the Capital Improvements Program (Account No. 03221910-7214-64150/Sewer Capital Fund- Buildings & Building Imprvmts-WWTP Building Improvements). I:\Wastewater\24-04 WWTP Roofs Repl\Project_Information\Correspondence\Memo\24-04 Donohue Memo-Des, Bid, & CRS Agreement-WWTP Roofs Repl Memo_6-8-23.docx Page 2 of 2 RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the proposal and in accordance with Section 12-16 of the Municipal Code, I am hereby recommending that the Common Council approve this professional services agreement. Approved: Mark A. Rohloff City Manager SMG/tlt JUNE 13, 2023 23-278 RESOLUTION (CARRIED_7-0______ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AMEND CIP AND AWARD BID FOR PUBLIC WORKS CONTRACT 23-11 TO CARL BOWERS AND SONS CONSTRUCTION CO., INC. FOR SANITARY MANHOLE REHABILITATION / INFLOW/INFILTRATION REDUCTION PROGRAM ($887,480.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised for bids to repair and upgrade existing sanitary sewer manholes to reduce the amount of inflow and infiltration entering the sanitary sewer system in the City of Oshkosh; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: CARL BOWERS & SONS CONSTRUCTION CO., INC. N1844 Maloney Rd Kaukauna, WI 54130 Total Bid: $887,480.00 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, it is necessary to amend the 2023 Capital Improvement Program Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: JUNE 13, 2023 23-278 RESOLUTION CONT’D Transfer $55,000.00 from Account No. 03210410-6801-04104 (Contract Control- Paving-21-04 W 9th Avenue Reconstruction) and transferred to Account No. 03210410-6801-04011 (Contract Control-Paving-Annual – I & I Sanitary Swr Rehab) Transfer $108,149.53 from Account No. 03210410-6804-04005 (Contract Control- Storm-20-05 Oregon Street Reconstruction) and transferred to Account No. 03210410-6804-04011 (Contract Control-Storm-Annual – I & I Sanitary Swr Rehab) Transfer $46,850.47 from Account No. 03210410-6804-04104 (Contract Control- Storm-21-04 W 9th Avenue Reconstruction) and transferred to Account No. 03210410-6804-04011 (Contract Control-Storm-Annual – I & I Sanitary Swr Rehab) 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. 03210410-6802-04011 Contract Control-Sanitary Sewer-Annual – I & I Sanitary Swr Rehab 03210410-6801-04011 Contract Control-Paving-Annual – I & I Sanitary Swr Rehab 03210410-6804-04011 Contract Control-Storm-Annual – I & I Sanitary Swr Rehab JUNE 13, 2023 23-278 RESOLUTION CONT’D Transfer $55,000.00 from Account No. 03210410-6801-04104 (Contract Control- Paving-21-04 W 9th Avenue Reconstruction) and transferred to Account No. 03210410-6801-04011 (Contract Control-Paving-Annual – I & I Sanitary Swr Rehab) Transfer $108,149.53 from Account No. 03210410-6804-04005 (Contract Control- Storm-20-05 Oregon Street Reconstruction) and transferred to Account No. 03210410-6804-04011 (Contract Control-Storm-Annual – I & I Sanitary Swr Rehab) Transfer $46,850.47 from Account No. 03210410-6804-04104 (Contract Control- Storm-21-04 W 9th Avenue Reconstruction) and transferred to Account No. 03210410-6804-04011 (Contract Control-Storm-Annual – I & I Sanitary Swr Rehab) 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. 03210410-6802-04011 Contract Control-Sanitary Sewer-Annual – I & I Sanitary Swr Rehab 03210410-6801-04011 Contract Control-Paving-Annual – I & I Sanitary Swr Rehab 03210410-6804-04011 Contract Control-Storm-Annual – I & I Sanitary Swr Rehab I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-11 San MH Rehab\Project_Information\Correspondence\Memo\22-11 Memo for Bid Award_7-21-22.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: June 8, 2023 RE: Amend CIP and Award Bid for Public Works Contract No. 23-11 to Carl Bowers & Sons Construction Company, Inc. for Sanitary Manhole Rehabilitation / Inflow/Infiltration Reduction Program ($887,480.00) BACKGROUND The purpose of this Project is to repair and upgrade existing sanitary sewer manholes to reduce the amount of inflow and infiltration entering the sanitary sewer system. Engineering staff have previously inspected sanitary manholes to identify any defects. This Contract will perform necessary repairs to approximately 95 of the approximately 5,800 public sanitary sewer manholes. This work will begin in the fall of 2023 and be completed by the spring of 2024. Upon completion of this Project, approximately 2,000 manholes will have been rehabilitated since 2010. ANALYSIS Engineering staff reviewed the two (2) bids that were received. The low bid was received from Carl Bowers & Sons Construction Company, Inc. of Kaukauna, Wisconsin. The total bid is $887,480.00. FISCAL IMPACT Funding for the Sanitary Sewer portion of this Project is available in the Capital Improvement Program (CIP) (Account No. 03210410-6802-04011/Contract Control- Sanitary Sewer-Annual – I & I Sanitary Swr Rehab). This Contract only uses a portion of the allocated funds in the CIP. Other projects are also funded from this source, including sanitary sewer lining and emergency sanitary sewer repairs. Additional funding for the Streets and Storm Sewer portions of this project is available from other CIP Projects which have come in under budget:  $55,000 will be transferred from Account No. 03210410-6801-04104 (Contract Control- Paving-21-04 W 9th Avenue Reconstruction) to Account No. 03210410-6801-04011 (Contract Control-Paving-Annual – I & I Sanitary Swr Rehab). I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-11 San MH Rehab\Project_Information\Correspondence\Memo\22-11 Memo for Bid Award_7-21-22.docx Page 2 of 2  $108,149.53 will be transferred from Account No. 03210410-6804-04005 (Contract Control-Storm-20-05 Oregon Street Reconstruction) and $46,850.47 will be transferred from Account No 03210410-6804-04104 (Contract Control-Storm-21-04 W 9th Avenue Reconstruction) to Account No. 03210410-6804-04011 (Contract Control-Storm-Annual – I & I Sanitary Swr Rehab). Following is a summary of the available funds (after budget transfers) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. CIP Section CIP Funds Budgeted Estimated Total Construction Cost Paving $55,000 $51,863 Sanitary Sewer $1,300,000 $822,952 Storm Sewer $155,000 $149,138 Totals $1,510,000 $1,023,953 The available CIP Budget shown for the Sanitary Sewer portion of the project takes into account the Estimated Total Construction Cost of Contract 23-22 – Sanitary Sewer Lining project which the Common Council awarded on May 23, 2023. RECOMMENDATIONS I recommend award to the low bidder, Carl Bowers & Sons Construction Company, Inc., in the amount of $887480.00. Approved: Mark A. Rohloff City Manager JLG/tlt Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $887,480.00 $1,338,472.22 1050 Mobilization; complete as specified Lump Sum 1 $88,000.00 $88,000.00 $146,450.00 $146,450.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 50 $3.00 $150.00 $25.25 $1,262.50 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 500 $201.00 $100,500.00 $252.50 $126,250.00 1309 7" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specifie Square Yards 350 $211.00 $73,850.00 $267.65 $93,677.50 1318 8" 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 25 $223.00 $5,575.00 $292.90 $7,322.50 1319 8" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specifie Square Yards 1300 $225.00 $292,500.00 $313.10 $407,030.00 1370 Turf restoration; complete as specified Square 100 $15.00 $1,500.00 $35.35 $3,535.00 1373 Replace and set CITY-supplied manhole castings and frames; complete as specified Each 96 $600.00 $57,600.00 $1,010.00 $96,960.00 1374 Furnish and install concrete adjustment rings; complete as specified Vertical Feet 46 $500.00 $23,000.00 $2,162.71 $99,484.66 1375 Furnish and install rubber adjustment rings; complete as specified Vertical Feet 7 $1,100.00 $7,700.00 $3,535.00 $24,745.00 1376 Tuck point manholes; complete as specified Each 11 $250.00 $2,750.00 $1,515.00 $16,665.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 200 $6.00 $1,200.00 $12.12 $2,424.00 Bid Opening: 06/05/2023 11:00 AM CDT N1844 Maloney Road Kaukauna, WI 54130 4201 Champion Road Green Bay, WI 54311 Carl Bowers & Sons Const. Co., Inc. DE GROOT, INC. Contract 23-11 - Sanitary Manhole Rehabilitation / Inflow/Infiltration Reduction Program (#8518317) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-11 San MH Rehab\Project_Information\Contract Info\23-11 Bid Tab 06-05-2023.xlsx Page 1 of 3 Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Bid Opening: 06/05/2023 11:00 AM CDT N1844 Maloney Road Kaukauna, WI 54130 4201 Champion Road Green Bay, WI 54311 Carl Bowers & Sons Const. Co., Inc. DE GROOT, INC. Contract 23-11 - Sanitary Manhole Rehabilitation / Inflow/Infiltration Reduction Program (#8518317) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 50 $7.00 $350.00 $20.20 $1,010.00 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 100 $11.00 $1,100.00 $25.25 $2,525.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 50 $10.00 $500.00 $15.15 $757.50 1510 6" concrete sidewalk/driveway/ramp with 3" CABC and grading; complete as specified Square Feet 50 $12.00 $600.00 $20.20 $1,010.00 1540 Curb ramp detectable warning field (natural/non- painted); complete as specified Square Feet 16 $42.00 $672.00 $65.65 $1,050.40 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 30 $2.00 $60.00 $4.04 $121.20 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 8 $11.00 $88.00 $5.05 $40.40 1904 Remove and replace HMA pavement; including sawing; fine grading; turf restoration; and traffic control; complete as specified Square Yards 30 $125.00 $3,750.00 $404.00 $12,120.00 1918 Asphaltic cold weather paving; complete as specified Square 20 $13.00 $260.00 $505.00 $10,100.00 1930 Temporary cold mix asphaltic patch; complete as specified Square Yards 400 $100.00 $40,000.00 $41.66 $16,664.00 2002 Furnish and install 10" storm sewer; complete as Linear Feet 5 $155.00 $775.00 $114.13 $570.65 2003 Furnish and install 12" storm sewer; complete as Linear Feet 15 $160.00 $2,400.00 $123.22 $1,848.30 2015 Furnish and install 24" storm sewer; complete as Linear Feet 10 $225.00 $2,250.00 $166.65 $1,666.50 2018 Furnish and install 27" storm sewer; complete as Linear Feet 10 $250.00 $2,500.00 $232.30 $2,323.00 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 3.5 $1,000.00 $3,500.00 $1,851.43 $6,480.01 2203 Furnish and install standard storm sewer manhole (6' diameter); complete as specified Vertical Feet 3.4 $2,000.00 $6,800.00 $2,281.00 $7,755.40 2236 Furnish and install Type 1 inlet; complete as specified Each 1 $4,000.00 $4,000.00 $3,888.50 $3,888.50 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-11 San MH Rehab\Project_Information\Contract Info\23-11 Bid Tab 06-05-2023.xlsx Page 2 of 3 Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Bid Opening: 06/05/2023 11:00 AM CDT N1844 Maloney Road Kaukauna, WI 54130 4201 Champion Road Green Bay, WI 54311 Carl Bowers & Sons Const. Co., Inc. DE GROOT, INC. Contract 23-11 - Sanitary Manhole Rehabilitation / Inflow/Infiltration Reduction Program (#8518317) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of 2850 Connect to existing storm sewer main; complete as specified Each 8 $1,000.00 $8,000.00 $2,272.50 $18,180.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 75 $700.00 $52,500.00 $986.44 $73,983.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 25 $400.00 $10,000.00 $476.72 $11,918.00 3118 Furnish and install sanitary sewer internal manhole chimney seal; complete as specified Each 5 $600.00 $3,000.00 $961.52 $4,807.60 3123 Reconstruct sanitary sewer manhole (4' diameter) with slurry backfill; complete as specified Vertical Feet 50 $1,200.00 $60,000.00 $2,059.33 $102,966.50 3149 Furnish and install sanitary manhole concrete foundation collar; complete as specified Each 2 $1,000.00 $2,000.00 $1,868.50 $3,737.00 3160 Pour and reshape manhole bench; complete as specified Each 4 $1,100.00 $4,400.00 $1,666.50 $6,666.00 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 10 $125.00 $1,250.00 $151.50 $1,515.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 2 $50.00 $100.00 $50.50 $101.00 3892 Excavation special (sanitary); complete as specified Tons 50 $30.00 $1,500.00 $25.25 $1,262.50 3974 Furnish sanitary sewer manhole grouting setup; complete as specified Each 10 $2,000.00 $20,000.00 $1,666.50 $16,665.00 3975 Furnish and install sanitary sewer manhole grouting; complete as specified Gallons 80 $10.00 $800.00 $11.67 $933.60 Base Bid Total:$887,480.00 $1,338,472.22 I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-11 San MH Rehab\Project_Information\Contract Info\23-11 Bid Tab 06-05-2023.xlsx Page 3 of 3 JUNE 13, 2023 23-279 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT FOR SHARED EQUIPMENT / AREA FIRE DEPARTMENTS INITIATED BY: FIRE DEPARTMENT WHEREAS, the Oshkosh Fire Department has frequently benefited from sharing of equipment between fire departments; and WHEREAS, the agreement is to create a formalized system for the occasional and temporary sharing of motor vehicles, equipment, tools and machinery between area fire departments for safety, efficiency and effectiveness of operations. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement for the purpose of sharing equipment between participating area fire departments is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: June 5, 2023 RE: Approve Intergovernmental Agreement for Sharing Equipment Between Area Fire Departments BACKGROUND The Oshkosh Fire Department would frequently benefit from sharing of equipment between fire departments. This may result from a lack of a specific type of equipment, a piece of equipment being out of service for repair, waiting for new equipment to arrive, or based on greater than usual demands for the equipment. ANALYSIS The purpose of this Agreement is to create a system for the occasional and temporary sharing of motor vehicles, equipment, tools and machinery between area fire departments for safety, efficiency and effectiveness of operations. This could lead to cost savings by potentially eliminating redundancies, avoiding rental fees, or prevent reduction in services. FISCAL IMPACT The departments will loan the agreed upon equipment at no charge to the borrowing department. The agreement allows for cost recovery for damages that resulted in neglect or misuse of the equipment as well as for replacement of destroyed equipment. RECOMMENDATION The recommendation would be that Common Council approve this intergovernmental agreement so that we can create a mutually beneficial relationship and maintain safe, efficient and effective operations. Respectfully Submitted, Approved: Mike Stanley Mark Rohloff Fire Chief City Manager EQUIPMENT SHARING AGREEMENT BETWEEN AREA FIRE DEPARTMENTS Pursuant to Wis. Stat. §§ 66.0301 and 66.03125, this Intergovernmental Cooperation Agreement (“Agreement”) is entered into by the respective parties, each a Wisconsin municipal corporation acting by and through its fire department, each with proper authorization to execute this Agreement (herein referred to collectively as “the Parties” or “the Departments” or singularly as “Party” or “Department”) for the sharing of fire and emergency medical services apparatus and equipment. Participating agencies should create a list of equipment eligible for sharing. The Parties are municipal corporations duly organized and validly existing under the laws of the State of Wisconsin with the power to carry on their business as it is now being conducted under the Constitution, the statutes of the State of Wisconsin, and their respective Municipal Codes. The Parties are interested in occasionally sharing equipment to ensure efficient and effective operations. The Parties desire to enter into an Agreement to establish procedures for sharing equipment and defining legal relationships and responsibilities. NOW, THEREFORE, it is mutually agreed by and between the Parties as follows: PURPOSE The purpose of this Agreement is to create a system for the occasional and temporary sharing of motor vehicles, equipment, tools and machinery (collectively referred to in this agreement as “Equipment”) between the Parties for efficiency and effectiveness of operations. The Parties agree to make available to each other vehicles, equipment, tools, machinery, and related items in the manner and pursuant to the terms and conditions provided in this agreement. A Party supplying Equipment shall be designated the “Provider.” A Party receiving Equipment shall be designated the “Borrower.” TERM The term of this Agreement shall be from August 1, 2023 through December 31, 2024. This Agreement shall be in full force and in effect with the passage and approval of an authorizing ordinance or resolution by all participating member municipalities, in the manner provided by law, and upon the signing of this agreement by the authorized representative(s) of the municipality, as applicable. EQUIPMENT USAGE a. Availability of Equipment: Each Department shall make a list of available equipment, which lists shall collectively be attachment “A” to this Agreement. Requests shall be responded to promptly. Each party, at their discretion, may deny a request for Equipment. Generally, parties agree to make reasonable effort to provide requested equipment unless it places a burden on the Provider, or if resources are inadequate, unavailable, or already in use. The Provider may request the immediate return of equipment from the Borrower to prevent inadequate resources being available for the provision of emergency services to the Provider’s community. Upon a request for immediate return under this paragraph, the Borrower shall work with the Provider to return the equipment as soon as possible. The Provider may request the return of equipment by a future date. Upon request Borrower shall return equipment on the date requested or if no date is specified as soon as practicable and without unreasonable delay. b. Contact Person. Each Party agrees to appoint a person or persons to act as liaison(s) for each request and inspection and to otherwise facilitate the orderly and efficient distribution of equipment- sharing requests and related information. Contacts by agency are as indicated on attachment “B” to this Agreement. c. Fees for Equipment. Provider shall not charge Borrower for use of equipment unless Provider and Borrower mutually agree in advance or reimbursement is available from a third party, in which case fees shall be charged according to Provider’s current fee schedule or the FEMA rate for the specific equipment or reasonably comparable equipment if Provider has not established a separate fee schedule. d. Delivery/Pickup. Borrower shall contact Provider as well in advance as reasonably possible of the need for equipment and Borrower and Provider shall mutually agree upon a time and location for pick-up and delivery of Equipment. Borrower shall be responsible for picking up and returning any Equipment shared under this Agreement, unless Provider and Borrower mutually agree to other arrangements. Equipment may generally be picked up and returned between standard business hours. However, it is understood that when dealing with the necessity of emergency equipment, requests may occur at hours outside of standard business hours. e. Condition of Equipment. Provider shall ensure that any Equipment being shared has been or is serviced consistent with recognized industry standards prior to Borrower’s pick-up. NO WARRANTY --Provider is neither a manufacturer nor supplier of the Equipment and therefore makes no warranties, express or implied, including, without limitation, the condition of the equipment, its design, capacity, performance, construction, workmanship, or fitness for any particular use. All Equipment is shared on an “as-is” basis. Provider shall not be responsible or liable to Borrower for any loss, delay, or damage of any kind resulting from defects in or accidental breakage of Equipment shared under this agreement. f. Inventory and Inspections. Providers sharing Equipment under this agreement certify that the Equipment is in good repair and ready for the intended use. Equipment shared under this Agreement shall be inventoried and inspected by representatives of both Provider and Borrower at the time of delivery/pickup and again when returned and shall be documented on an inventory and inspection form, attachment “C” to this Agreement. The inspections shall include an examination of the tires on the Equipment, which the Parties must agree are in good working condition at the time Borrower picks up the Equipment, and which must have adequate tread depth and inflation pressure to ensure safe and legal operation. The parties shall assure that digital photographs of the equipment are taken at the time of pickup and shared with each party to ensure that any existing damage is documented appropriately. g. Operations and Safety Manuals. At the request of the Borrower the Provider shall make a copy of Equipment operation and safety manuals available to Borrower at the time of Equipment pickup. h. Short-Term Sharing: The Parties agree to permit Equipment to be used pursuant to this agreement for a time period not to exceed thirty (30) days. Equipment usage that exceeds that timeframe will be reassessed by the parties and requires execution of an additional agreement between the parties. i. Operator Qualifications. The Parties agree to permit Equipment to be used only by properly trained, properly licensed and supervised operators. All drivers shall be licensed and shall have a satisfactory driving record. All equipment operators shall be properly trained and qualified to operate the Equipment shared under this Agreement. Borrower shall make available to Provider upon request proof of training, licensing, and qualifications of operator(s). j. Usage Requirements. Equipment shared under this Agreement shall be used by Borrower’s employees only to conduct official business. Borrowers shall use and operate Equipment only for its intended purpose, in a careful manner and in compliance with all requirements for operation and of any governmental authority having jurisdiction, if applicable. Borrower shall not sublease or allow anyone other than Borrower’s employees to use Equipment shared under this Agreement. k. Borrower Responsible for Charges and Fees. Borrower is responsible for securing any permits required prior to use of Equipment and is responsible for any forfeitures, fines or other penalties or liens that might be incurred arising from or in connection with Borrower’s use, and shall hold the Provider harmless from and against any and all fines, assessments, fees, charges, expenses, penalties and forfeitures incurred in connection with Borrower’s use of shared Equipment. l. Fuel and Operating Fluids. Borrower shall be responsible for supplying all fuel and other operating fluids used during the period it borrows the Equipment. Provider shall ensure that the fuel tank(s) and other fluid reservoirs are full when Borrower picks up the Equipment, and Borrower shall ensure that the fuel tank(s) and other fluid reservoirs are full when it returns the Equipment to Provider. m. Maintenance and Repair of Equipment / Responsibility for Damage. Borrower shall be responsible for performing all required maintenance during the share period, such as fluid level checks and daily pre-trip inspections. Borrower shall be responsible for the following items during the share period: 1. Tire repair and replacement of any damaged tires that cannot be safely repaired; 2. Replacement of any damaged or worn-out tools such as cutting edges and bits; 3. Replacement of any windows or windshields that are cracked or damaged; 4. Minor repairs and adjustments required to keep the Equipment in safe operating condition during the share period, including but not limited to replacement of defective lighting or mirrors, adjustment of hinges or latches, adding fluids to correct levels, and adding air to tires. If it is observed that Equipment requires an excessive amount of minor repairs and adjustments as described above, Borrower is to promptly notify Provider of specific issue prior to utilizing Equipment. Any repairs or replacements made by Borrower pursuant to the requirements of this agreement shall be performed by qualified personnel; specifically, persons or contractors employed by Borrower to maintain and repair Borrower’s own fleet equipment. Borrower shall notify Provider immediately if Provider’s Equipment is involved in any accident during the share period. Notwithstanding anything contained herein to the contrary, Provider shall be responsible for the repair or replacement of Equipment when: 1. Equipment fails during its normal operation due to no fault of the Borrower, and 2. Equipment, is being used as intended by the manufacturer, and 3. Equipment has received all manufacturer required maintenance during its use by the Borrower. Borrower shall reimburse Provider for the cost of repair or replacement of Equipment when: 1. Operating Equipment outside of its normal operation, and/ or 2. Operating Equipment in a manner not intended by the manufacturer, and/ or 3. Operating Equipment without performing required maintenance, and/or 4. The cost of repairing Equipment damage is due to accidents caused by equipment defects or malfunction. 5. When Borrower is otherwise at fault resulting in the need for the repair or replacement. Borrower shall be responsible for the cost of repairing all damage to equipment incurred during the share period that is not considered to be normal wear and tear necessitated by misuse or negligent operation. In cases of equipment damage resulting in a total loss, Borrower shall be responsible for covering the loss. Provider shall submit an invoice to Borrower, for actual cash value for any Equipment determined to be a total loss. In cases of Equipment damage resulting in a total loss caused by a third party where that party assumes responsibility, Borrower may seek reimbursement from the third party’s insurance carrier and Provider shall cooperate with Borrower as necessary to provide any necessary documentation related to such claim. INSURANCE During the term of this agreement, each Party will keep in force, at its own expense, liability, property insurance and comprehensive in such amount as is determined by their respective municipality. Information as to insurance coverage shall be provided to other parties as necessary and upon request. EMPLOYMENT STATUS & LIABILITY Nothing in this Agreement shall alter the employment status of any employee providing services under this Agreement. Employees shall at all times continue to be subject to all standards of performance, disciplinary rules, and other terms and conditions imposed by their employer. No Party shall be responsible for the direct payment of any salaries, wages, compensation, or benefits of any employee of another Party to this Agreement. Any employee of any Party, while providing services under this Agreement, shall be covered by that Party for purposes of worker’s compensation, unemployment insurance, benefits under Chapter 40 of the Wisconsin Statutes, and any civil liability. For the purposes of third-party claims or lawsuits, each Party shall be solely responsible for its own acts and those of its employees and officers under this Agreement. Each party hereto agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, each party further agrees to hold all other parties to this Agreement harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the indemnifying party while acting within the scope of their employment. The parties hereto intend by this indemnification, that each party will be responsible for the acts and omissions of its own officers, employees, agents, contractors, subcontractor and invitees to the extent not caused by, aggravated by, or enhanced by any other party’s officers, employees, agents, contractors, subcontractor and invitees. Further, it is the intention of the parties to this Agreement that each party shall be entitled to rely upon the municipal limitations and immunities available under Wisconsin law, including but not limited to section 345.05, 893.80 and 893.83 of the Wisconsin Statutes and that such damage limits, caps and immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the parties, their agents, officers and employees. No Party shall be responsible or liable for consequential damages to another Party arising out of providing or using equipment, services, or labor under this Agreement. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin. TERMINATION Any Party may terminate this Agreement for any reason by giving thirty (30) days’ prior written notice to all other Parties. In the event of such termination, all Equipment shall be returned to Provider(s) and the provisions of this Agreement pertaining to responsibility for fees and charges, repair and replacement of equipment, no warranty, and liability and insurance shall remain applicable for any incidents, suits, claims or potential claims relating to this agreement. ENTIRE AGREEMENT & AMENDMENT This Agreement represents a complete understanding of the Parties with respect to its subject matter and may not be amended except in writing. The Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and may be deemed as one and the same document. SIGNATURES The Municipality/Department signatory certifies that this Equipment Sharing Agreement has been approved by the Municipality and that the signatory is authorized to sign on behalf of the Municipality/Department so that this Agreement is binding upon the Municipality/Department. [Signatures will be on separate pages] Attachment A – Departmental Lists of Equipment  Fire Apparatus  Ambulances  Specialized Vehicles  Special Operations Equipment (Technical Rescue, Hazardous Materials, Dive Rescue)  Durable Medical Goods (Heart Monitors, Suction Units, Mechanical Chest Compression Units)  Self-Contained Breathing Apparatus (SCBA’s) or other Respiratory Protection Components  Training Props, Simulators, Manikins, and associated equipment  Communications Equipment and Components  Vehicle Extrication Equipment  Testing and Calibration Equipment  Other miscellaneous equipment to be mutually agreed upon Attachment B – Department Liaisons Jeremy Hansen Fire Chief Appleton Fire Department 700 North Drew St. Appleton, WI 54911 Erick Gerritsen Fire Chief Fond du Lac Fire Rescue 815 S. Main St. Fond du Lac, WI 54935 Todd Sweeney Fire Chief Fox Crossing Fire Department 1326 Cold Spring Road Neenah, WI 54956 Steve Denzien Fire Chief Grand Chute Fire Department 2250 Grand Chute Blvd. Grand Chute, WI 54913 Matthew Knott Fire Chief Green Bay Metro Fire Department 501 S. Washington St Green Bay, WI 54301 Jake Carrel Fire Chief Kaukauna Fire Department 201 Reaume Ave Kaukauna, WI 54130 Kevin Kloehn Fire Chief Neenah-Menasha Fire Rescue 125 Columbian Ave. Neenah, WI 54956 Mike Stanley Fire Chief Oshkosh Fire Department 101 Court St. Oshkosh, WI 54901 Attachment C – Inventory and Inspection Form JUNE 13, 2023 23-280 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CONTRACT FOR WISCONSIN HAZARDOUS MATERIALS RESPONSE SYSTEM SERVICES WITH THE STATE OF WISCONSIN INITIATED BY: FIRE DEPARTMENT WHEREAS, the Oshkosh Fire Department has been providing hazardous material response services through contract with the State of Wisconsin Department of Military Affairs Division of Emergency Management; and WHEREAS, the Oshkosh Fire Department would continue to provide emergency response to hazardous substance releases as part of the State’s Task Force system; and WHEREAS, the Oshkosh Fire Department will be compensated through the funds allocated by the State of Wisconsin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with State of Wisconsin for Hazardous Materials Response Services from July 1, 2023 through June 30, 2025 is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the appropriate City officials are further authorized to enter into subsequent extensions or renewals of such agreement, provided that the extension/renewal includes funding of the City’s equipment costs for response to hazardous materials incidents and the extension/renewal is upon substantially the same terms and conditions as hereby approved and is in their professional judgment of advantage to the City, any changes in the execution copies being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of extended/renewed agreements. TO: Honorable Mayor & Members of the Common Council FROM: Mike Stanley, Fire Chief DATE: June 5, 2023 RE: Approve Contract for Wisconsin Hazardous Materials Response System Services with the State of Wisconsin BACKGROUND The Oshkosh Fire Department has historically been contracted by the State of Wisconsin for hazardous materials response system services. ANALYSIS This would be a renewal of the contract to renew the contract to participate in the Wisconsin hazardous materials response system. The Oshkosh Fire Department would continue to provide emergency responses to hazardous substance when requested by the State of Wisconsin Division of Emergency Management. FISCAL IMPACT The Oshkosh Fire Department will be compensated quarterly by the State of Wisconsin for the providing hazardous-materials response at the rate of $135,226.27 per year. These funds will be deposited in account 0235-0230-20557. RECOMMENDATION The recommendation would be that Common Council approve continuing this agreement with Winnebago County so that we can continue to this mutually beneficial relationship. Respectfully Submitted, Approved: Mike Stanley Mark Rohloff Fire Chief City Manager 1 2 CONTRACT FOR WISCONSIN HAZARDOUS MATERIALS RESPONSE SYSTEM SERVICES JULY 1, 2023, THROUGH JUNE 30, 2025 Between STATE OF WISCONSIN DEPARTMENT OF MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT And CITY OF APPLETON, WISCONSIN CITY OF OSHKOSH, WISCONSIN CITY OF GREEN BAY, WISCONSIN CITY OF WAUSAU, WISCONSIN ONEIDA COUNTY, WISCONSIN CITY OF MARINETTE, WISCONSIN WAUPACA COUNTY, WISCONSIN CITY OF MARSHFIELD, WISCONSIN CITY OF WISCONSIN RAPIDS, WISCONSIN NORTHEAST WISCONSIN HAZARDOUS MATERIALS TASKFORCE 3 CONTRACT FOR WISCONSIN HAZARDOUS MATERIALS RESPONSE SYSTEM SERVICES 1.0 General Contract Information 1.1 Parties: This contract is between the State of Wisconsin, Department of Military Affairs, Division of Emergency Management on the one hand and the City of Appleton, City of Oshkosh, City of Green Bay, City of Wausau, Oneida County, City of Marinette, Waupaca County, City of Marshfield, and the City of Wisconsin Rapids, also collectively referred to as the Northeast Wisconsin Hazardous Materials Taskforce on the other for the provision of Wisconsin Hazardous Materials Response System services as described herein and authorized under 1991 Wisconsin Act 104, as codified in §323.70 of the Wisconsin Statutes and as further amended. 1.2 Recitals: WHEREAS to protect life and property against the dangers of emergencies involving Level A releases, the Division may assign and make available for use in any county, city, village, or town a hazardous materials response system. WHEREAS the Division desires to enter into this Agreement to establish Contractor as part of the Wisconsin Hazardous Materials Response System, and Contractor desires to be so designated and to enter into this Agreement. HOWEVER, the parties expressly recognize and attest by this Agreement that neither party intends to create or assume fiduciary or other responsibilities to provide for the containment, cleanup, repair, restoration, and investigation of the environment (air, land, and water) in a hazardous materials incident, which named responsibilities are and shall remain the sole obligations of the Wisconsin Department of Natural Resources under Wis. Stat. §§292.11 and 323.60(4). 1.3 Contract Term: This Agreement runs for two years, commencing July 1, 2023, and ending on June 30, 2025. 1.4 Quarterly Basis: Certain actions are to be taken on a quarterly basis. For the purposes of this Agreement, the quarters are as follows: First quarter: July 1 through September 30 Second quarter: October 1 through December 31 Third quarter: January 1 through March 31 Fourth quarter: April 1 through June 30 2.0 Definitions: The following definitions are used throughout this Agreement: 4 Agreement means this Contract, together with the Exhibits. Exhibits include the following: Exhibit A Standard Terms and Conditions (Request for Bids/Proposals) DOA-3054 Form Exhibit B Northeast Wisconsin Hazardous Materials Taskforce Budget Exhibit C Map of Wisconsin Hazardous Materials Response System Exhibit D Certificate of Protection in Lieu of an Insurance Policy, as applicable. State means the State of Wisconsin. Department means the State of Wisconsin Department of Military Affairs. Division means the Division of Emergency Management. Contractor means the City of Appleton, City of Oshkosh, City of Green Bay, City of Wausau, Oneida County, City of Marinette, Waupaca County, City of Marshfield, and the City of Wisconsin Rapids, also collectively referred to as the Northeast Wisconsin Hazardous Materials Taskforce, by which hazardous materials response service or services to Level A releases will be performed under this Agreement. Emergency means a situation that affects or presents an imminent risk to public health, safety and/or the environment. Wisconsin Hazardous Materials Taskforce means one of four (4) Taskforces located throughout the State and comprised of Type I, Type II, and Type III hazardous materials teams. Incident means any actual or imminent threat of release, rupture, fire, or accident that results or has the potential to result in the loss or escape of a hazardous material into the environment. Level A Release means a release that meets the specifications under Wis. Stat. §323.02(11) of the Wisconsin Statutes. Type I Hazardous Materials Team includes all Type II and Type III Level A release response capabilities, plus the self-sufficient ability to make entry to and the capability to respond to Weapons of Mass Destruction (WMD) and Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) incidents. Type II Hazardous Materials Team includes all Type III Level A release response capabilities plus the analysis of unknown substances and the capability to make entry to an unknown substance response with the proper number of personnel. 5 Type III Hazardous Materials Team includes response capabilities to all known chemicals and fuels plus the ability to perform mitigation operations and the capability to make entry for Level A releases and known substances with the proper number of personnel. Wisconsin Hazardous Materials Response System means the four (4) tiered hazardous materials taskforces comprised of fire departments chosen by the Division to provide Level A hazardous materials response that meets the standards under 29 CFR 1910.120 and/or 29 CFR 1910.134(f), NFPA 472 and 1582, IS 700, ICS 100, 200, 300 and 400, and Wisconsin Firefighter 1. 3.0 Statement of Work 3.1 Services to be provided by Contractor: During the term of this Agreement, the Contractor agrees to provide hazardous materials response system services to Level A releases through the use of designated Type I, Type II, and Type III Hazardous Materials Teams making up four (4) Taskforce areas throughout the State of Wisconsin as described in Exhibit C, attached hereto and incorporated by reference herein. This Agreement does not include response to Type IV incidents which are locally defined and handled by the authority having jurisdiction. Contractor's response activities under this Agreement shall be limited to emergency operations relating to hazardous material incidents, reporting and documentation of activities arising from hazardous materials releases/incidents which threaten life, property and/or the environment. Contractor shall not provide under this Agreement any services with respect to the sampling, testing, analysis, treatment, removal, remediation, recovery, packaging, monitoring, transportation, movement of hazardous materials, cleanup, storage and disposal of hazardous materials except as these may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous material or in stabilizing the emergency response incident, as determined by the Contractor. Contractor shall establish safety perimeters at or near sites and vessels. Contractor shall not be required to locate underground utilities, ensure appropriate traffic control services, conduct hydrological investigations and analysis, or provide testing, removal, and disposal of underground storage tanks at or near the emergency response incident to which the Contractor is dispatched. The Division and Contractor make no representations to third parties with regard to the ultimate outcome of the services to be provided under this Agreement, but Contractor shall respond to the best of its abilities, subject to the terms of this Agreement. 3.2 Performance Conditions: Contractor acknowledges that prior to undertaking any emergency response activity under this Agreement, Contractor shall receive written 6 approval from the Division to proceed with response activities. A Contractor that has previously been providing services under a regional hazardous materials response system agreement with the Division is considered to have received written approval to proceed with response activities. Division approval shall be conditioned upon the Contractor demonstrating to the Division that its employees, equipment and vehicles meet or exceed applicable regulatory requirements. 3.3 Personnel: Contractor shall provide an adequate number of trained, medically monitored, competent, and supervised personnel as established by the Division and as is reasonably necessary to operate within the safety levels of the Wisconsin Hazardous Materials Response System. Contractor shall meet the standards under 29 CFR 1910.120 and/or 29 CFR 1910.134(f), NFPA 471, 472 and 1582, IS 700, ICS 100, 200, 300 and 400, and Wisconsin Firefighter 1 certification. 3.4 Vehicles and Equipment: Contractor shall limit its activities to that which can be safely accomplished within the technical limitations of the available vehicles and equipment. Contractor may use equipment and vehicles provided by the Division for Contractor's local use, except as follows. Contractor agrees that in the event of multiple responses, said equipment that is already not committed to a prior response shall be used on a priority basis to respond to a hazardous materials release. Contractor shall provide the Division with a current listing of its equipment assets including the manufacturer, date of purchase, and calibration requirements within 30 days after this Agreement is fully executed and annually thereafter. 3.5 Vehicle and Equipment Use Limitations: This Agreement in no way limits the Contractor from responding with Division-provided vehicles, equipment, and supplies under local authority, mutual aid agreements, or other contracts under local authority. 3.6 Response Procedures and Limitations: Contractor recognizes that its obligations under this Agreement are paramount to the State of Wisconsin. Contractor agrees that if local fire response obligations in Contractor's own jurisdiction create limits or unavailable resources, Contractor will seek aid from local jurisdictions to assist in local fire response obligations in Contractor's own jurisdiction. Contractor's obligation to provide services hereunder shall arise, with respect to specific response actions, upon receipt of an emergency response request pursuant to mutually approved Standard Operating Guidelines provided in Subsection 3.8. These guidelines will be maintained in a mutual aid support system that will be used to assess readiness. 3.7 Right of Refusal: If, on occasion, a response under this Agreement would temporarily place a verifiable undue burden on the Contractor because Contractor's resources are otherwise inadequate or unavailable and mutual aid is unavailable for a hazardous materials response within the State, then, if notice has been provided 7 to the Division, the Contractor may decline a request for hazardous material response system services. 3.8 Standard Operating Guidelines: Contractor and Division agree that hazardous materials response system operations will be conducted in accordance with Wisconsin Hazardous Materials Response System Operations Plan, and "Call Out Procedure" that will be mutually approved by the parties to this Agreement. 3.9 Mutual Aid Box Alarm System (MABAS): Contractor is highly encouraged to participate in the MABAS-WI program. At a minimum and absent MABAS-WI participation, Contractor will be qualified and credentialed under all NIMS standards for hazardous materials. 3.10 Standardized Equipment Reports: In order to prepare, plan, and respond to the dangers of emergencies involving Level A releases, the Division shall require standardized equipment purchases and inventory for the Wisconsin Hazardous Materials Response System. Contractor shall update, on an annual basis, the Standardized Equipment that provides a current inventory of all hazardous materials equipment assets including but not limited to the manufacturer, date of purchase, and calibration requirements The Contractor will input equipment inventory on the Division’s secure ImageTrend Elite website, https://wisconsinfire.imagetrendelite.com/elite/organizationwisconsinfire/ or equivalent. The annual Equipment Inventory shall be updated after January 1, or when new equipment is added during the calendar year. Failure to submit timely Equipment Inventory may result in the withholding of quarterly Annual Allocation payments provided for under this Agreement. 3.11 Operating Expenditure Reports: In order to prepare, plan, and respond to the dangers of emergencies involving Level A releases, the Division shall collect standardized operating expenditure information from Contractor including but not limited to wages and stipend costs. Contractor shall provide the Division, on a quarterly basis, with an Operating Expenditure Report that provides a current listing of its hazardous materials team operating expenditures on an electronic spreadsheet developed by the Division. The Division will input Contractor’s operating expenditures on the Division’s secure WebEOC website located at wi.webeocasp.com, or equivalent. The quarterly Operating Expenditure Reports shall be provided to the Division no later than thirty (30) days after the end of each quarter. Failure to submit timely Operating Expenditure Reports may result in the withholding of quarterly payments under this Agreement until such report is received. 3.12 Hazardous Materials Incident Reporting: To prepare, plan, and respond to the dangers of emergencies involving Level A releases, the Division shall collect accurate, actual, and standardized hazardous materials assist and response data. Further, Contractor shall report all hazardous materials incidents (local/county or 8 State) on the Division’s secure ImageTrend Elite website, https://wisconsinfire.imagetrendelite.com/elite/organizationwisconsinfire/ or equivalent. The Hazardous Materials Incident Report shall be completed and submitted no later than five (5) business days after the end of the incident. Failure to submit timely Hazardous Materials Incident Reports may result in the withholding of quarterly payments under this Agreement until the report is submitted. 3.13 Wisconsin Hazardous Material Response System Member Rosters: Under Subsection 5.11, members of the Wisconsin Hazardous Materials Response System are considered state employees for worker’s compensation purposes. It is paramount that the Division has a current listing of all members in order to ensure coverage. Contractor shall provide the Division, on a quarterly basis, with a current listing of its members on an electronic spreadsheet developed by the Division. Failure to submit timely member rosters may result in the withholding of quarterly payments under this Agreement. 4.0 Advisory Committee 4.1 There are currently four agreements establishing separate Wisconsin hazardous materials taskforces. Section 4 of each such agreement authorizes the creation of a committee that will advise the Division on matters relating to the exercise of the Division’s discretion. 4.2 The committee shall be advisory only. 4.3 Committee membership shall be made up of two representatives from each type of team (Type 1, Type 2 and Type 3) and one at-large representative. 4.4 Membership may be drawn from any of the contractors of any of the four taskforces. 4.5 The members of the advisory committee shall be appointed by the Board of Directors of the Wisconsin State Fire Chiefs Association. 5.0 Contractor Annual Allocation, Reimbursement, and Grants There are two types of Contractor funding under this Agreement: (1) Annual Allocation based on the Type I, Type II or Type III Level A release capabilities provided by Contractor and (2) Team Response Costs. Each of these is discussed below. 5.1 Annual Allocation and Quarterly Payments: As provided under Wis. Stat. §323.70(2) of the Wisconsin Statutes, Contractor will be subsidized annually, commencing 7/1/2023 and for State Fiscal Years 2022/2023 through 2023/2024, under this Agreement for its approved annual allocation as described in "Exhibit B", 9 attached, and incorporated by reference. The payments shall be made to Contractor on a quarterly basis, with the first payment to be made at the end of the first quarter, if all required quarterly reports have been submitted for the quarter at issue and if the Agreement has not been terminated or canceled with respect to the Contractor. If the Agreement has been terminated or canceled with respect to the Contractor prior to the end of the Agreement, payment of annual allocations will be made pursuant to Section 8.8. Funding amounts will be based by Type I, Type II, and Type III Hazardous Materials Team designation. The Annual Allocation is intended to cover direct and indirect costs necessary to ensure the proper number of trained personnel per shift depending on the type of response, a stipend per response system member as well as baseline, maintenance, and exit physicals for each response system member. Quarterly Annual Allocation payments to Contractor shall be made from the appropriation account under Wis. Stat. § 20.465(3)(dd) of the Wisconsin Statutes. 5.1.1 Funds allocated under Subsection 5.1 of this Agreement shall supplement existing, budgeted monies of the Contractor to provide the services specified herein and may not be used to replace, decrease, or release for alternative purposes the existing, budgeted monies of or provided to the Contractor. Further, funds allocated under Subsection 5.1 of this Agreement shall not be used by Contractor to supplement, offset, replace, decrease, or release any budgetary obligations for other municipal departments not directly connected to this Agreement. 5.2 Northeast Wisconsin Hazardous Materials Taskforce Response Costs and Reimbursement: 5.2.1 Pursuant to Wis. Stat. §323.70(3) of the Wisconsin Statutes and as set forth in this Section 5.2.1, Contractor shall be reimbursed for reasonable and necessary response costs and expenses incurred in responding to an emergency involving a Level A release or potential Level A release pursuant to this Agreement. Taskforce response costs may include, but are not limited to: (1) Reimbursement for use of Vehicle(s) and Apparatus: Contractor shall be reimbursed for the approved use of its vehicles and equipment at FEMA- established rates. (2) Personnel Expenses: Contractor's team response personnel expenses which are approved and authorized under this Agreement are reimbursable at the rates described as follows: a) For full-time fire departments, at the actual cost of personnel expenses. 10 b) For part-time and volunteer fire departments or team personnel, at the average over-time hourly rates for the three geographically nearest full-time fire departments. Team response personnel expenses shall be billed to the nearest one-fourth (1/4) hour work period. Personnel expenses may reflect replacement personnel costs and indirect charges/costs for wage, fringe, death, and duty disability retirement benefits. (3) Emergency Expenses: Contractor's necessary and reasonable emergency expenses related to services rendered under this Agreement are reimbursable. All such expenses must be based on actual expenditures and fully documented by the Contractor. The Division reserves the right to deny any reimbursement of unjustifiable Contractor expenditures. 5.2.2 If the Division determines that an emergency requiring a response per this Agreement existed, the Division will issue reimbursement for response costs to Contractor within 60 days after receiving a complete application for reimbursement from Contractor on a form prescribed by the Division, but only if the completed application is received by the Division within 45 days after the conclusion of deployment for a response under this Agreement. 5.3 Training Costs: In addition to the Annual Allocation, funding may be available to Contractor through the Division’s training and equipment grants. Applications shall be made via “E-Grants” and will be available to Contractor based upon established criteria. The Division makes no representations that funding will be available to any or all parties. 5.4 Duty Disability Premium Increases: The Division shall reimburse Contractor for costs incurred by Contractor for any increase in contributions for duty disability premiums as set forth in Wis. Stat. § 323.70(3m) for employees who received duty disability benefits because of an injury incurred while performing duties as a member of the Northeast Wisconsin Hazardous Materials Taskforce while engaging in a response to a Level A emergency under this Agreement. 5.5 Standard Equipment Purchases and Cache: The Division intends to standardize equipment purchases for the Wisconsin Hazardous Materials Response System. Contractor shall provide the Division with a current listing of its equipment assets including the manufacturer, date of purchase, and calibration requirements. The Division will develop a standardized equipment list including vendor information. Contractor may make equipment purchase requests to the Division by submitting an “E-Grants” request with supporting documentation. The Division makes no representations that funding will be available to all parties. 11 The Division intends to develop and maintain an equipment cache. When developed, Contractor may borrow specific equipment from the equipment cache in the event of an equipment failure requiring repair of Contractor’s equipment. 5.6 Minimum Appropriation: The Division has requested in its State Fiscal Years 2023-2025 budget a sum to cover the annual allocation for those fiscal years as described in "Exhibit B" to this Agreement. If at least that amount is appropriated, then that amount shall be the minimum amount payable annually to response teams, with any additional amounts that might be appropriated payable pro rata to the response teams as part of the annual allocation. The minimum contract annual allocation does not, however, include Contractor's response costs as specified in Subsection 5.2 of this Agreement. 5.7 Full Payment and Release: The Division's reimbursement(s) shall be full payment for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work authorized under this Agreement. Acceptance of payment by the Contractor shall operate as a release of the Division of all claims by Contractor for reimbursement of its response costs. 5.8 Approval: Contractor, when acting under this Agreement, may not participate in an emergency response to a Level A release without following the Division-approved "Call Out Procedure.” Contractor agrees to make reasonable and good faith efforts to minimize costs. 5.9 Retirement System Status and Tax Payments: Contractor and its employees are not entitled under this Agreement to Division contribution to any retirement benefit or other benefit offered by Contractor or the State. Contractor shall be responsible for payment/withholding of any applicable federal, Social Security and State taxes. 5.10 Worker's Compensation: A member of the Northeast Wisconsin Hazardous Materials Taskforce who is acting under the scope of this Agreement is an employee of the State for purposes of worker's compensation under §323.70(5) of the Wisconsin Statutes. For all other purposes, the member remains Contractor’s employee. 5.11 Payment of Contractor's Obligations: Contractor agrees to make payment promptly, as just, due, and payable to all persons furnishing services, equipment or supplies to Contractor. If Contractor fails, neglects, or refuses to pay any such claims as they become due and for which the Division may be held liable, the proper officer(s) representing the Division, after ascertaining that the claims are just, due and payable, may, but shall not be required to, pay the claim and charge the amount of the payment against funds due Contractor under this Agreement. The payment of claims in this manner shall not relieve Contractor of any duty with respect to any unpaid claims. 12 5.12 Dual Payment: Contractor shall not be compensated for work performed under this Agreement by any state agency or person(s) responsible for causing a hazardous materials emergency except as approved and authorized under this Agreement. 5.13 Taskforce Members: Members of the Northeast Wisconsin Hazardous Materials Taskforce are firefighters and therefore are considered protective occupation employees. 6.0 Liability and Indemnity Nothing contained in this Agreement is intended to limit any immunities and rights of any party available under Wis. Stat. §§ 345.05, 893.80, 893.82 and 895.46 or any other constitutional or statutory provision or common law. Such immunities and rights are expressly reserved to the parties. 6.1 Scope: During operations authorized by this Agreement, Contractor employees who are part of Contractor’s emergency management program shall be agents of the State and protected and defended against tort liability under Wis. Stat. §323.41. For purposes of Wis. Stat. § 895.46(1), members of the Northeast Wisconsin Hazardous Materials Taskforce shall, during authorized operations, be considered agents of the State and the State will indemnify such employees as required under Wis. Stat. § 895.46(1). For purposes of this section, operations means activities, including travel, directly related to a particular emergency response involving a hazardous material response/incident by a hazardous materials response system team. Operations also include specialized training activities provided under this Agreement to the members of a hazardous materials response system team. 6.2 Civil liability exemption; hazardous material and local emergency response team: Under Wis. Stat. § 895.483(1), a Hazardous Materials Taskforce, a member of such a Taskforce, and a local agency, as defined in Wis. Stat. § 323.70(1)(b), that contracts with the Division under Wis. Stat. § 323.70 are immune from civil liability for acts or omissions related to carrying out responsibilities under this Agreement. 7.0 Insurance Provisions 7.1 General Liability Insurance: Contractor shall maintain, at its own expense, and keep in effect during the term of this Agreement, commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this Agreement. Minimum coverage is one million ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. The State reserves the right to require higher or lower limits where warranted. If Contractor is self-insured or uninsured, a Certificate of Protection in Lieu of an Insurance Policy shall be submitted to the Division certifying that Contractor is 13 protected by a Self-Funded Liability and Property Program or alternative funding source(s), attached hereto as "Exhibit D". 7.2 Automobile Liability: Contractor shall obtain and keep in effect automobile liability insurance for all owned, non-owned and hired vehicles that are used in carrying out this Agreement. This coverage may be written in combination with the commercial liability and property damage insurance mentioned in Subsection 7.1. Minimum coverage shall be one million ($1,000.000) per occurrence combined single limit for automobile liability and property damage. The State reserves the right to require higher or lower limits where warranted. If Contractor is self-insured or uninsured, a Certificate of Protection in Lieu of an Insurance Policy shall be submitted to the Division certifying that Contractor is protected by a Self-Funded Liability and Property Program, or alternative funding source(s) attached hereto as "Exhibit D". 7.3 Notice of Cancellation or Change: Contractor agrees that there shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days’ written notice to the Division. 7.4 Certificate(s) of Insurance: As evidence of the insurance coverage required by this Agreement, Contractor shall provide to the Wisconsin Department of Military Affairs’ General Counsel an insurance certificate indicating this coverage, countersigned by an insurer licensed to do business in Wisconsin, covering the period of the Agreement or, if self-insured or uninsured, a Certificate of Protection in Lieu of Insurance Policy prior to commencement of this Agreement and annually thereafter. 8.0 Standard Contract Terms, Conditions and Requirements 8.1 Disclosure of Independence and Relationship: Contractor certifies that no relationship exists between its membership in the Hazardous Materials Response System, the State, or the Division that interferes with fair competition or is a conflict of interest, and no relationship exists between the Contractor and its employees and another person or organization that constitutes a conflict of interest with respect to a state contract. Contractor agrees as part of this Agreement that, during performance of this Agreement, it will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the Wisconsin Department of Military Affairs or has interests that are adverse to the Department. The Department of Administration may waive the provisions of the previous two paragraphs, in writing, if those activities of the Contractor will not be adverse to the 14 interests of the State. 8.2 Dual Employment: Section 16.417 of the Wisconsin Statutes prohibits an individual who is a state employee or who is retained as a consultant full-time by a state agency from being retained as a consultant by the same or another agency where the individual receives more than $12,000 as compensation. This prohibition applies only to individuals and does not include corporations or partnerships. 8.3 Employment: Contractor will not engage the service of any person or persons now employed by the State, including any department, commission, or board thereof, to provide services relating to this Agreement without the written consent of the employer of such person or persons and the Department of Military Affairs and the Division. 8.4 Conflict of interest: Private and non-profit corporations are bound by Wis. Stat. §§ 180.0831 and 181.225 regarding conflicts of interest by directors in the conduct of state contracts. 8.5 Recordkeeping and Record Retention: The Contractor shall establish and maintain adequate records of all expenditures incurred under the Agreement. All records must be kept in accordance with generally accepted accounting principles and be consistent with federal and state laws and local ordinances. The Division, the federal government, and their duly authorized representatives shall have the right to audit, review, examine, copy and transcribe any pertinent records or documents relating to any contract resulting from this Agreement held by Contractor. The Contractor shall retain all documents applicable to the Agreement for a period of not less than six (6) years after the final payment is made or longer where required by law. 8.6 Taskforce Member Removal: If an individual Northeast Hazardous Materials Taskforce member is substantiated to have been negligent or unresponsive with respect to the requirements under this Agreement, the Division, after consultation with Contractor and Contractor's Fire Commission/Board, may recommend the removal of this member from the Taskforce. A request by the Division to dismiss a Taskforce member shall not constitute an order to discipline or discharge the employee. All actions taken by the Contractor and/or fire department management with regard to employee discipline shall be at the sole discretion of the Contractor and/or fire department management. 8.7 Hold Harmless: Contractor will indemnify, defend against, and hold harmless the Division of Emergency Management, the Department of Military Affairs, and the State of Wisconsin for any claims arising from any disputes any Local Agency may have with its employees. This shall include, but not be limited to, charges of discrimination, harassment, and discharge without just cause. 15 8.8 Termination of Agreement: Contractor may terminate this Agreement at will by delivering ninety (90) days’ written notice to the Division of intent to terminate, during which 90-day period Contractor must continue to provide services under the Agreement. If the Agreement terminates at the end of a quarter based on Contractor’s 90-day notice of termination, Contractor will be paid its quarterly payment from the Annual Allocation, but no further Annual Allocation payments will be made. If the Agreement terminates during a quarter based on Contractor’s 90-day notice of termination, Contractor will be paid a prorated amount of its Annual Allocation for that quarter, but no further Annual Allocation payments will be made. The Division may terminate this Agreement at will effective upon delivery of written notice to the Contractor, under any of the following conditions: (1) Division funding from federal, state, or other sources is not obtained and/or continued at levels sufficient to allow for payments under this Agreement. (2) Federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments by this Agreement. (3) Any license or certification required by law or regulation to be held by the Contractor to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. (4) Failure of Contractor to comply with the terms, conditions, and specifications of the Agreement. Any termination of the Agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination, except as provided elsewhere in the Agreement. 8.9 Cancellation: The continuation of payments under this Agreement beyond the limits of the funds already available is contingent upon the future availability of funds to support such payments. The State of Wisconsin reserves the right to immediately cancel any contract in whole or in part without penalty due to non- appropriation of funds. Upon cancellation, response costs and expenses incurred up to that date will be reimbursed to the extent of recovery from the Responsible Party and any appropriated amounts available and a prorated amount of annual allocations will be made to the extent funds have been appropriated. 16 8.10 Prime Contractor and Minority Business Subcontractors: In the event Contractor subcontracts for supplies and/or services, any subcontractor must abide by all terms and conditions of the Agreement. The Contractor shall be responsible for performance of services authorized by this Agreement whether or not subcontractors are used. Contractor is encouraged to purchase services and supplies when/if applicable from minority businesses certified by the Wisconsin Department of Development, Bureau of Minority Business Development. 8.11 Executed Contract to Constitute Entire Agreement: The written Agreement with referenced Exhibits and attachments shall constitute the entire agreement of the parties regarding the subject matter of the Agreement and supersedes all prior discussions, negotiations, and agreements, written or oral, with respect to the subject matter of this Agreement. 8.12 News Releases: News releases pertaining to the negotiation of this Agreement shall not be made without the prior approval of the Division. 8.13 Applicable Law: This Agreement shall be governed under the laws of the State of Wisconsin. The Contractor and State shall at all times comply with and observe all federal and state laws, rules and regulations and ordinances which are in effect during the period of this Agreement, and which may in any manner affect performance of obligations under this Agreement. 8.14 Assignment: No right or duty, in whole or in part, of the Contractor under this Agreement may be assigned or delegated without the prior written consent of the State of Wisconsin. 8.15 Successors in Interest: The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties to the Agreement and their respective successors and assigns. 8.16 Notifications: Contractor shall immediately report by telephone and in writing any demand, request, or occurrence that reasonably may give rise to a claim against the State, its officers, Divisions, agents, employees, and members. Such reports shall be directed to: ATTN: Administrator Division of Emergency Management WI Dept. of Military Affairs PO Box 7865 Madison, WI 53707-7865 Telephone #: (608) 242-3232 FAX #: (608) 242-3247 17 Copies of such written reports shall also be sent to: ATTN: State General Counsel WI Dept. of Military Affairs PO Box 8111 Madison, WI 53708-8111 8.17 Severability: If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected. The rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 8.18 Amendments: The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever without prior written approval of Division and Contractor and approval, by passive review or otherwise, of the Wisconsin Joint Committee on Finance. In the event additional funding is provided for the four taskforces (Northwest, Northeast, Southwest and Southeast) as a group, the provisions in this Agreement and the agreements establishing the three other taskforces regarding payment to contractors shall be modified by written agreement of the parties to reflect the additional funding consistent with any legislative directive. 8.19 Approval Authority: Contractor's representatives certify by their signature below that they have the necessary and lawful authority to enter into contracts and agreements on behalf of the Contractor. 8.20 Insufficient Funds: The obligation of the Contractor under this Agreement is contingent upon the availability and allotment of funds by the Division to Contractor and Contractor may, upon thirty (30) days prior written notice, terminate this contract if funds are not available. 8.21 No Waiver: No failure to exercise, and no delay in exercising, any right, power or remedy, including payment, under this Agreement, on the part of the Division, State, or Contractor, shall operate as a waiver of it, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of it or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the Division, State, or Contractor, in the written waiver. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. 18 8.22 Construction of Agreement: This Agreement is intended to be solely between the parties. No part of the Agreement shall be construed to add, supplement, amend, abridge, or repeal existing rights, benefits, or privileges of any third party or parties, including but not limited to employees of either of the parties. 8.23 Disparity: In the event of a discrepancy, difference or disparity in the terms, conditions or language contained in the Agreement, on the one hand, and its Exhibits on the other, it is agreed between the parties that the language in Exhibit A to this Agreement, shall control. 8.24 Amendment to Comply with Law. If any laws are enacted that affect the subject matter of this Agreement, the Parties agree to amend this Agreement to reflect the substance of such laws as soon as practicable. Such amendment must first be submitted to the Joint Finance Committee for passive or actual approval prior to being fully executed. 8.25 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but all of which together shall constitute one and the same instrument. 19 Approving Signatures: ON BEHALF OF THE DIVISION OF EMERGENCY MANAGEMENT (DIVISION) Dated this day of _______, 2023. _____________________________________ Greg Engle, Division Administrator 20 On Behalf of the City of Appleton A Municipal Corporation Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Jacob A. Woodford Title: Mayor Address: 100 North Appleton Street City/State: Appleton, WI Zip: 54911 On Behalf of the City of Appleton Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Kami Lynch Title: City Clerk Address: 100 North Appleton Street City/State: Appleton, WI Zip: 54911 On Behalf of the City of Appleton Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Jeri A. Ohman Title: Finance Director Address: 100 North Appleton Street City/State: Appleton, WI Zip: 54911 21 Approved as to form: Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Christopher R. Behrens Title: City Attorney Address: 100 North Appleton Street City/State: Appleton, WI Zip: 54911 On Behalf of the City of Appleton Fire Department Dated this day of ____________, 2023 Signature: _______________________ Printed Name: Jeremy Hansen Title: Fire Chief Address: 700 North Drew Street City/State: Appleton, WI Zip: 54911 22 On Behalf of the City of Oshkosh A Municipal Corporation Dated this day of _____________, 2023 Signature:_______________________ Printed Name: Mark Rohloff Title: City Manager Address: 215 Church Avenue City/State: Oshkosh, WI Zip: 54903 On Behalf of the City of Oshkosh Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Diane Bartlett Title: City Clerk Address: 215 Church Avenue City/State: Oshkosh, WI Zip: 54903 Approved as to form: Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Lynn Lorenson Title: City Attorney Address: 215 Church Avenue City/State: Oshkosh, WI Zip: 54903 23 On Behalf of the City of Green Bay A Municipal Corporation Dated this day of _____________, 2023 Signature:_______________________ Printed Name: Eric Genrich Title: Mayor Address: 100 North Jefferson Street City/State: Green Bay, WI Zip: 54301 On Behalf of the City of Green Bay Dated this day of _____________, 2023 Signature: _______________________ Printed Name: Celestine Jeffreys Title: City Clerk Address: 100 North Jefferson Street City/State: Green Bay, WI Zip: 54301 24 On Behalf of the City of Wausau A Municipal Corporation Dated this day of ____________, 2023 Signature: _______________________ Printed Name: Katie Rosenberg Title: Mayor Address: 407 Grant Street City/State: Wausau, WI Zip: 54403 On Behalf of the City of Wausau Dated this day of ____________, 2023 Signature: _______________________ Printed Name: Kaitlyn Bernarde Title: City Clerk Address: 407 Grant Street City/State: Wausau, WI Zip: 54403 On Behalf of the City of Wausau Fire Department Dated this day of ____________, 2023 Signature: _______________________ Printed Name: Robert Barteck Title: Fire Chief Address: 606 East Thomas Street City/State: Wausau, WI Zip: 54403 25 On Behalf of Oneida County Dated this day of ____________, 2023 Signature: __________________________ Printed Name: Scott Holewinski Title: County Board Chair Address: PO Box 1245 City/State: Rhinelander, WI Zip: 54501 Dated this day of ____________, 2023 Signature: __________________________ Printed Name: Steven Schreier Title: Public Safety Committee Chair Address: PO Box 1245 City/State: Rhinelander, WI Zip: 54501 26 On Behalf of the City of Marinette A Municipal Corporation Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Steve Genisot Title: Mayor Address: 1905 Hall Avenue City/State: Marinette, WI Zip: 54143 On Behalf of the City of Marinette Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Lana Bero Title: City Clerk Address: 1905 Hall Avenue City/State: Marinette, WI Zip: 54143 On Behalf of the City of Marinette Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Jacqueline Miller Title: City Treasurer and Finance Director Address: 1905 Hall Avenue City/State: Marinette, WI Zip: 54143 27 On Behalf of the City of Marinette Fire Department Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Jay Heckel Title: Fire Chief Address: 1450 Main Street City/State: Marinette, WI Zip: 53143 Approved as to form: Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Robert Gagan Title: City Attorney Address: 1905 Hall Avenue City/State: Marinette, WI Zip: 54143 28 On Behalf of Waupaca County Dated this day of ____________, 2023 Signature: __________________________ Printed Name: Dick Koeppen Title: County Board Chairperson Address: 811 Harding Street City/State: Waupaca, WI Zip: 54981 Dated this day of ____________, 2023 Signature: __________________________ Printed Name: Mark Sether Title: County Treasurer Address: 811 Harding Street City/State: Waupaca, WI Zip: 54981 Approved as to form: Dated this day of ____________, 2023 Signature: __________________________ Printed Name: Diane Meulemans Title: Corporation Counsel Address: 811 Harding Street City/State: Waupaca, WI Zip: 54981 29 On Behalf of the City of Marshfield A Municipal Corporation Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Lois TeStrake Title: Mayor Address: 207 West 6th Street City/State: Marshfield, WI Zip: 54449 On Behalf of the City of Marshfield Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Jessica Schiferl Title: City Clerk Address: 207 West 6th Street City/State: Marshfield, WI Zip: 54449 On Behalf of the City of Marshfield Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Jennifer Selenske Title: Finance Director Address: 207 West 6th Street City/State: Marshfield, WI Zip: 54449 30 On Behalf of the City of Marshfield Fire Department Dated this day of _____________, 2023 Signature: ______________________ Printed Name: Peter Fletty Title: Fire Chief Address: 207 West 6th Street City/State: Marshfield, WI Zip: 54449 31 On Behalf of the City of Wisconsin Rapids A Municipal Corporation Dated This_______ day of __________, 2023 Signature_________________________________ Printed Name: Shane Blaser Title: Mayor Address: 444 West Grand Avenue City/State: Wisconsin Rapids, WI Zip: 54495 On behalf of the City of Wisconsin Rapids Dated this _____ day of ___________, 2023 Signature: _______________________________ Printed Name: Jennifer Gossick Title: City Clerk Address: 444 West Grand Avenue City/State: Wisconsin Rapids WI, Zip: 54495 On behalf of the City of Wisconsin Rapids Dated this_____ Day of____________, 2023 Signature: _______________________________ Printed Name: Title: Finance Director Address: 444 West Grand Avenue City/State: Wisconsin Rapids, WI Zip: 54495 32 On Behalf of the city of Wisconsin Rapids Fire Department Dated this ______day of____________, 2023 Signature:__________________________ Printed Name: Todd Eckes Title: Fire Chief Address: 1511 12th Street South City/State/ Wisconsin Rapids WI Zip: 54494 33 Exhibit A 1.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 2.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of Wis. Stat. § 77.66, and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 3.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the Contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 4.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 5.0 NONDISCRIMINATION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat. §. 51.01(5), sexual orientation as defined in Wis. Stat. § 111.32(13m) or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor is exempt from having to file an affirmative action plan but must request the exemption within fifteen (15) working days from 34 the date the Agreement is fully executed. 5. 1 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 5.2 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. 5.3 Pursuant to s. 16.75(10p), Wis. Stats., contractor agrees it is not, and will not for the duration of the contract, engage in a prohibited boycott of the State of Israel as defined in s. 20.931(1)(b). State agencies and authorities may not execute a contract and reserve the right to terminate an existing contract with a company that is not compliant with this provision. This provision applies to contracts valued $100,000 or over. 5.4 Pursuant to 2019 Wisconsin Executive Order 1, contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract, subcontract or grant because of military or veteran status, gender identity or expression, marital or familial status, genetic information or political affiliation. 6.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. 7.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 8.0 PUBLIC RECORDS ACCESS: Pursuant to Wis. Stat. §19.36 (3), all records of the contractor that are produced or collected under this contract are subject to disclosure pursuant to a public records request. Upon receipt of notice from the State of Wisconsin of a public records request for records produced or collected under this contract, the contractor shall promptly provide the requested records to the contracting agency. Contractor agrees to contact the State promptly upon receiving a request for information under the public records law and comply with the State’s instructions on how to respond to the request. The contractor, following final payment, shall retain all records produced or collected under this contract for six (6) years. 35 9.0 DISCLOSURE: If a state public official (Wis. Stat.§ 19.42), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to Wis. Stat.§ 19.45(6), before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, Wis. Stat.§ 16.417. 10.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 11.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. 12.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 36 Exhibit B NORTHEAST WISCONSIN HAZARDOUS MATERIALS TASKFORCE WISCONSIN HAZARDOUS MATERIALS RESPONSE SYSTEM BUDGET CONTRACTORS: CITIES OF APPLETON, OSHKOSH, AND GREEN BAY, WISCONSIN CITY OF WAUSAU AND ONEIDA COUNTY, WISCONSIN CITY OF MARINETTE, WISCONSIN WAUPACA COUNTY, WISCONSIN CITIES OF MARSHFIELD AND WISCONSIN RAPIDS, WISCONSIN NOTE: CHECKS WILL BE MADE PAYABLE TO EACH CONTRACTOR NOTED ABOVE ON A QUARTERLY BASIS AS SPECIFIED IN THE AGREEMENT. TEAM NAME TEAM TYPE BUDGET 7/01/23- 6/30/24 BUDGET 7/1/24 - 6/30/25 CITIES OF APPLETON, OSHKOSH, AND GREEN BAY TYPE II $135,226.27 $135,226.27 CITY OF WAUSAU AND ONEIDA COUNTY TYPE II $104,347.74 $104,347.74 CITY OF MARINETTE TYPE III $16,625.27 $16,625.27 WAUPACA COUNTY TYPE III $16,625.27 $16,625.27 CITIES OF MARSHFIELD AND WISCONSIN RAPIDS TYPE III $16,625.27 $16,625.27 37 Exhibit C 38 Exhibit D MUNICIPAL CERTIFICATES OF INSURANCE JUNE 13, 2023 23-281 RESOLUTION (CARRIED_7-0_______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ACCEPTANCE OF A DONATION FROM THE FRIENDS OF THE OSHKOSH SENIORS CENTER, INC. ON BEHALF OF BADER PHILANTHROPIES, INC. AND AMEND THE 2023 SENIOR SERVICES DIVISION OPERATING BUDGET ($29,000.00) INITIATED BY: OSHKOSH SENIORS CENTER WHEREAS, the Common Council has adopted the 2023 Operations Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2023 Oshkosh Seniors Center Operations Budget to account for unanticipated income and expenditures for payroll, non-inventory supplies, marketing and promotion. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Operations Budget, on file in the City Clerk's Office, is hereby amended as follows: To deposit $29,000.00 in donations, Acct. Number SRDON 02310760-4952- 11528 from Friends of the Oshkosh Seniors Center, Inc.  To allocate $25,627.13 to Acct. Number 02310760-6102-11528 Regular Pay  To allocate $2,122.87 to Act. Number 02310760-6302-11528 FICA  To allocate $1,000.00 to Act. Number 02310760-6529-11528 Non-Inventory supplies  To allocate $250.00 to Act. Number 02310760-6411-11528 Marketing and printing Finance Department City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jean Wollerman, Senior Services Manager DATE: June 1, 2023 RE: Approve Acceptance of a Donation from the Friends of the Oshkosh Seniors Center, Inc. on Behalf of Bader Philanthropies, Inc. and Amend the 2023 Senior Services Division Operating Budget. BACKGROUND The Oshkosh Seniors Center recently received a donation of $29,000.00 that was not anticipated to support technology programming. The Friends of the Oshkosh Seniors Center, Inc. donation on behalf of Bader Philanthropies, Inc. will help support the continuation of the Connect through Tech program. ANALYSIS Assuming the City Council approves the acceptance of this donation, funds will be allocated to the Seniors Center revenue account and expenditure accounts for payroll, non-inventory supplies, marketing and promotion. FISCAL IMPACT The acceptance of these grant funds in the amount of $29,000.00 will offset expenditures in the Oshkosh Seniors Center 2023 budget. RECOMMENDATION Staff recommends that Council adopt this resolution. Respectfully Submitted, Approved: Jean Wollerman Mark Rohloff Senior Services Manager City Manager JUNE 13, 2023 23-282 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SMITHGROUP FOR CONSTRUCTION ADMINISTRATION OF LAKESHORE PARK 4-SEASONS BUILDING ($40,000.00) INITIATED BY: PARKS DEPARTMENT WHEREAS, the City and SmithGroup previously entered into an agreement for Construction Administration of Lakeshore Park 4-Seasons Building; and WHEREAS, staff has requested additional services related to this project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to enter into and take those steps necessary to implement an appropriate amended professional services agreement with SmithGroup for additional services in the amount of forty thousand dollars ($40,000.00). Acct. No. 0325-0610-7216-62001 Contractual Services 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: Ray Maurer, Parks Director DATE: June 6, 2023 RE: Approve Amendment to the Professional Services Agreement with SmithGroup for Construction Administration of Lakeshore Park 4-Seasons Building ($40,000.00) BACKGROUND City staff has worked with SmithGroup since September 2020 on the design and bidding of the Lakeshore Park 4-Seasons Building. The Common Council awarded the bid for the building construction to Cardinal Construction Co. Inc. on December 14, 2021. On January 25, 2022 the Common Council approved an agreement with SmithGroup for construction administration of the building. ANALYSIS Construction of the building has encountered delays due to a variety of reasons including weather conditions and material availability and quality. As a result of these delays, the construction administration services for SmithGroup has exceeded the original agreement terms and requires amending it through completion of the project which is anticipated to be in July. The additional cost for SmithGroup’s services is $40,000. FISCAL IMPACT The total fiscal impact of this amended agreement is $40,000.00. Funding is available in the Lakeshore Park development CIP budget. This amendment will be charged to A/N#: 0325-0610-7216-62001 - Contractual Services. RECOMMENDATION Staff recommends approval of the amendment. Respectfully Submitted, Approved: Ray Maurer Mark A. Rohloff Parks Director City Manager JUNE 13, 2023 23-283 RESOLUTION (CARRIED__7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AWARD BID TO KLINK EQUIPMENT FOR INDUSTRIAL FORKLIFT FOR THE STREETS DIVISION ($38,919.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for industrial forklift for the Streets Division; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: KLINK EQUIPMENT W1992 Industrial Drive Freedom, WI 54130 Total: $38,919.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 03230430 7204 66011 Machinery & Equipment: Forklift 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: June 5, 2023 RE: Award Bid to Klink Equipment for Industrial Forklift for the Streets Division ($38,919.00) BACKGROUND The 2023 CIP allocated $50,000.00 for a new industrial forklift for the Streets Division. This unit is used by Streets Division for loading and unloading materials, setting up equipment and for plow/grader blade changing. Adding this unit will increase staff efficiency during equipment changeover and allow for safer handling of materials and supplies. ANALYSIS Working with the Public Works Mechanics Manager, Purchasing prepared bid specifications for this unit. The bid was posted on DemandStar. Bids were due June 1, 2023. The bid tab is attached. Based on the bid review, it is the consensus of staff that the sole bid meets the minimum bid requirements and is competitive. FISCAL IMPACT The total fiscal impact for this unit is $38,919.00. The 2023 CIP allocated $50,000.00 for this unit. This unit will be charged to A/N#: 03230430 7204 66011 (Machinery & Equipment: Forklift). RECOMMENDATION Purchasing recommends the Common Council award this bid to Klink Equipment for $38,919.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager BID TAB INDUSTRIAL FORKLIFT CITY OF OSHKOSH STREETS DIVISION BIDS DUE THURSDAY JUNE 1, 2023 BIDDER BID DELIVERY TERMS Klink Equipment W1992 Industrial Drive Freedom WI 54130 Komatsu FG25T16 $38,919.00 326 Days ARO Upon Delivery JUNE 13, 2023 23-284 RESOLUTION (CARRIED__7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AWARD BID TO CREATIVE SIGN COMPANY FOR GRADE MOUNT SIGN FOR PARKS DEPARTMENT ($34,889.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for grade mount sign for Parks Department; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: CREATIVE SIGN COMPANY 505 Lawrence Drive DePere, WI 54115 Total: $34,889.00 WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 03230610 7214 63115 Parks Administration Building 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: June 5, 2023 RE: Award Bid to Creative Sign Company for Grade Mount Sign for Parks Department ($34,889.00) BACKGROUND The Common Council amended the 2022 CIP and allocated $10,200,000 for the construction of the new Parks Administration and Operations Facility. Within the project budget is an allocation of $35,000.00 for an exterior grade mount sign to identify the building and have an electronic message center to promote Parks Department programs and activities. This sign was included as part of the Parks Administration and Operations Facility plan approval process by the Plan Commission and the Common Council. Once approved the sign is expected to be installed in July. ANALYSIS Working with Parks Department staff, Purchasing prepared bid specifications for this project. The bid includes an illuminated cabinet sign, an electronic message center, software, installation and training. The bid was advertised in the local newspaper and posted on DemandStar. Bids were due June 1, 2023. The bid tab is attached. While two bids were received, only one bid met the minimum bid requirements. It was the consensus of staff that the sole bid received meets the minimum bid requirements and is competitive. FISCAL IMPACT The 2022 CIP allocated $10,200,000 for this building project. The total fiscal impact of this grade mount sign is $34,889.00. There are sufficient funds within this building project budget A/N# 03230610 7214 63115 (Parks Administration Building) for this purchase. RECOMMENDATION Purchasing recommends the Common Council award this bid to Creative Sign Company for $34,889.00. Respectfully Submitted, Approved: Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager BID TAB GRADE MOUNT SIGN – PARKS ADMINISTRATION & OPERATIONS FACILITY TUESDAY – JUNE 1, 2023 10:00 AM BIDDER PREQUAL. BID BOND BID Creative Sign Company 505 Lawrence Drive DePere WI 54115 YES YES $34,889.00 MAY 23, 2023 23-256 ORDINANCE FIRST READING (CARRIED 7-0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: 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 INITIATED BY: RICHARD FISHER, FISHER AND ASSOCIATES, LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 3300 Medalist Drive from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD). BEING ALL OF CERTIFIED SURVEY MAP NUMBER 7062, RECORDED AS DOCUMENT NUMBER 1708405, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ¼ OF THE NORTHEAST ¼, THE NORTHWEST ¼ OF THE NORTHEAST ¼, THE SOUTHEAST ¼ OF THE NORTHEAST ¼ AND THE SOUTHWEST ¼ OF THE NORTHEAST ¼, SECTION 2, TOWNSHIP 17 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING THE ADJACENT ½ RIGHTS-OF-WAY OF MEDALIST DRIVE, W. 33RD AVENUE AND W. 34TH AVENUE. MAY 23, 2023 23-256 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTY LOCATED AT 3300 MEDALIST DRIVE on June 13, 2023. This ordinance changes the zoning of the properties located at 3300 Medalist Drive from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. JUNE 13, 2023 23-285 RESOLUTION CONT’D BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 03230470 7210 66017 Motor Vehicles- Rear Load Refuse Truck City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jon G. Urben, General Services Manager DATE: May 24, 2023 RE: Approve Cooperative Purchase of Rear Load Refuse Truck from McNeilus Truck for Sanitation Division ($255,493.00) BACKGROUND In the 2023 CIP the Common Council allocated $275,000.00 for a rear load refuse truck. This memo is to recommend the cooperative purchase of this unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that McNeilus Truck holds a Sourcewell cooperative contract (#091219-MCN) for refuse collection vehicles. Using this cooperative contract the city will save $10,362.08 (8%) off list price for this unit. FISCAL IMPACT The 2023 CIP allocated $275,000.00 for this unit. The total fiscal impact of this unit using the cooperative contract discount is $255,493.00. This purchase will be charged to A/N# 03230470 7210 66017 (Motor Vehicles- Rear Load Refuse Truck). RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12- 15 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve this purchase pursuant to this cooperative contract to McNeilus Truck and Manufacturing, 524 East Highway Street, PO Box 70, Dodge Center, MN 55927 for $255,493.00. Respectfully Submitted, Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager JUNE 13, 2023 23-292 ORDINANCE SECOND READING MAY 23, 2023 23-257 ORDINANCE FIRST READING (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET INITIATED BY: SDJ PROPERTIES LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2199, RECORDED AS DOCUMENT NUMBER 745654, WINNEBAGO COUNTY REGISTER OF DEEDS, LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525, RECORDED AS DOCUMENT NUMBER 1799038, WINNEBAGO COUNTY REGISTER OF DEEDS AND ALL OF THE SOPER ANNEXATION, RECORDED AS DOCUMENT NUMBER 1897149, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼, OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING THE ADJACENT ½ OF THE RIGHT-OF-WAY OF JACKSON STREET ADJACENT TO SAID LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2199 AND SAID LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525. MAY 23, 2023 23-257 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET on June 13, 2023. This ordinance changes the zoning of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. JUNE 13, 2023 23-286 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 a Skidsteer Loader from: BROOKS TRACTOR INC. 1031 Lawrence Drive DePere, WI 54115 Total Bid: $99,900.00 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 03230430 7204 66005 Machinery and Equipment- Skidsteer Loader w/attachments 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 24, 2023 RE: Amend 2023 CIP and Approve Cooperative Purchase of Skidsteer Loader from Brooks Tractor Inc. for Streets Division ($99,900.00) BACKGROUND In the 2021 CIP the Common Council allocated $80,000.00 for a new skidsteer loader with attachments that is used in the summer for construction projects and in the winter for snow and ice control operations. This memo is to recommend amending the 2023 CIP and to purchase this unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that John Deere holds a Sourcewell cooperative contract (#011723-JDC) for heavy construction equipment. Purchasing has confirmed Brooks Tractor Inc. is an authorized local dealer and service center for John Deere. Using this cooperative contract the city will save $47,011.76 (32%) off list price for this unit. FISCAL IMPACT The 2021 CIP allocated $80,000.00 for this unit, which has not been spent and is available. The total fiscal impact of this unit using the cooperative contract discount is $99,900.00. This purchase will be charged to A/N# 03230430 7204 66005 (Machinery and Equipment- Skidsteer Loader w/attachments). The overage ($19,900.00) will be covered from funds available in the 2023 CIP A/N# 03230430 7204 66004 (Machinery and Equipment- Front End Loaders). Therefore, a transfer from project 66004 to 66005 in the amount of $19,900 is requested. 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 purchase pursuant to this cooperative contract to Brooks Tractor Inc., 1031 Lawrence Drive, De Pere, WI 54115 for $99,900.00. Respectfully Submitted, Jon G. Urben, General Services Manager Mark A. Rohloff, City Manager JUNE 13, 2023 23-287 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / MISS WISCONSIN SCHOLARSHIP ORGANIZATION TO UTILIZE OPERA HOUSE SQUARE AND CITY STREETS FOR THE MISS WISCONSIN ARRIVAL CEREMONY / JUNE 19, 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 Miss Wisconsin Scholarship Organization (Traci Kramer) to utilize Opera House Square and City streets: Commerce St., Market St., Algoma Blvd., Brown St., High Ave., and Pearl Ave. on Monday, June 19, 2023 from 4:00 p.m. to 6:00 p.m. for the Miss Wisconsin Arrival Ceremony, 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 $32.94 (preliminary estimate includes 2 CSO hrs.) June 13, 2023 23-288 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL EVENT / WINNEBAGO BICYCLE / UTILIZE N. MAIN STREET FOR THEIR 10 YEAR ANNIVERSARY PARTY & RACE, JULY 22, 2023 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Winnebago Bicycle (Sean Lynch) to utilize N. Main Street on Saturday, July 22, 2023, from 1:30 p.m. to 2:30 p.m. for their 10 Year Anniversary Party & Race 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 $65.88 (preliminary estimate includes dedicated staffing of 4 CSO hrs.) Supplies / Materials $27.50 (preliminary estimate includes use of cones) JUNE 13, 2023 23-289 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION CLASS “B” LICENSE & SPECIAL CLASS “B” LICENSES INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Masonic Building Association………………………………August 4, 2023 – 4:00 p.m. –11:00 p.m. Person in Charge: Mark Rutkowski Event Name: ACW Wresting 204 Washington Avenue, Oshkosh, WI JUNE 13, 2023 23-289 RESOLUTION CONT’D SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Oshkosh North Booster Club………………………………..July 20, 2023 – 5:00 p.m. – 11:00 p.m. Touch of Silver Twirling Corp………………………………July 13, 2023 – 5:00 p.m. –11:00 p.m. Person in Charge: Jeffrey McBride Event Name: Waterfest Leach Amphitheater – 303 Ceape Avenue, Oshkosh, WI SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Peace Lutheran Church………………………………..July 7, 2023 – 5:00 p.m. – 11:00 p.m. Person in Charge: Heather Miller Event Name: Park Dance South Park Avenue ( Park Pavilion), Oshkosh, WI AGENT CHANGE COMBINATION CLASS “B” LICENSE (JUNE 14, 2023 – JUNE 30, 2023) TIPSY OTTER, LLC (TIPSY OTTER) …………………………...…1226 Oshkosh, WI Agent: Stacia Hoeft, 1531 W. New York Ave. Apt. A, Oshkosh, WI JUNE 13, 2023 23-289 RESOLUTION CONT’D SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Oshkosh North Booster Club………………………………..July 20, 2023 – 5:00 p.m. – 11:00 p.m. Touch of Silver Twirling Corp………………………………July 13, 2023 – 5:00 p.m. –11:00 p.m. Person in Charge: Jeffrey McBride Event Name: Waterfest Leach Amphitheater – 303 Ceape Avenue, Oshkosh, WI SPECIAL CLASS “B” LICENSE ORGANIZATION & PERSON IN CHARGE DATE, TIME & LOCATION: Peace Lutheran Church………………………………..July 7, 2023 – 5:00 p.m. – 11:00 p.m. Person in Charge: Heather Miller Event Name: Park Dance South Park Avenue ( Park Pavilion), Oshkosh, WI AGENT CHANGE COMBINATION CLASS “B” LICENSE (JUNE 14, 2023 – JUNE 30, 2023) TIPSY OTTER, LLC (TIPSY OTTER) …………………………...…1226 Oshkosh, WI Agent: Stacia Hoeft, 1531 W. New York Ave. Apt. A, Oshkosh, WI JUNE 13, 2023 23-290 RESOLUTION (CARRIED 7-0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: REDEVELOPMENT AUTHORITY SUSTAINABILITY ADVISORY BOARD TRANSPORTATION COMMITTEE INITIATED BY: MAYOR Matt Mugerauer BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointment to the various boards are made by Mayor Matt Mugerauer, as attached hereto, and are hereby approved. Date: June 9, 2023 From: Matt Mugerauer, Mayor Listed below are the appointments, to be made by the City Council at the June 13, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. REDEVELOPMENT AUTHORITY • Jason Lasky – full seat SUSTAINABILITY ADVISORY BOARD • Bradley Spanbauer - reappointment - moving from full seat to alternate 1) • Vic Oliver - reappointment - moving from full seat to alternate 2) TRANSPORTATION COMMITTEE • Lynnsey Erickson - Council Liaison • Evelyn Meuret - Seat 1 • Al Hartman - Seat 2 • Jim Stapel - Seat 3 • Jeff Armstrong - Seat 4 • Sean Lynch - Alternate 1 • Bill Christiansen - Alternate 2 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, April 5, 2023 10:54 AM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:4/5/2023 10:54:28 AM Board/Commission Oshkosh Redevelopment Authority Name (Last, First, Middle) Address City State Zip Jason Lasky 3348 Fond du Lac Road Oshkosh, WI 54902 Employer Occupation: Sadoff & Rudoy Industries, LLP Local Business Owner/Employer 18 Years of Age or Older Yes Home Phone (920) 410-0223 Business Phone (920) 410-0223 Email Address laskyj@sadoff.com Cell Phone (920) 410-0223 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 23+ Education: Bachelors of Business Administration from the University of Denver Graduated in the year 2000 Attended the following Primary schools in Oshkosh Emeline Cook, Webster and Oshkosh North Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: I am a property owner (Partner) on the South side of an industrial site on 10th ave. The property is currently not located within any identified redevelopment area but is directly 2 adjacent and inclusive to the Sawdust District. I would recuse my self from any presumed conflict of interest for decisions that may impact our property. List City boards, commissions or committiees on which you have served: Years: City of Oshkosh Redevelopment Authority 10 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I was a part of this commission for a period of 10 years, took the work very seriously, enjoyed my service to our community and enjoyed being a part of the decision making process for the City of Oshkosh. I would truly enjoy another consideration to again serve in the same capacity as I had previously before my term was not renewed. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I feel that this particular board has the ability to make decisions that impact the heath of neighborhoods in our community. I also feel that finding ways to revitalize areas in our city not only allows us to be attractive to achieve growth, I feel it is critical for us to continue to build our positive tax base which will allow for continued investment in our community...it all works together to make Oshkosh the best possible place to live, learn, raise a family and invest. Thank you for your consideration. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, May 24, 2023 11:35 AM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:5/24/2023 11:35:21 AM Board/Commission Transportation Committee Name (Last, First, Middle) Address City State Zip Evelyn Meuret 1231 Grand Street Oshkosh, WI 54901 Employer Occupation: Retired 18 Years of Age or Older Yes Home Phone (920) 573-7828 Business Phone (920) 573-7828 Email Address evelynmeuret57@att.net Cell Phone (920) 573-7828 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 36 Education: Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: None that I am aware of. List City boards, commissions or committiees on which you have served: Years: Go Transit Advisory Board 8 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I have been the Chair of the Go Transit Advisory Board for the last 3 years and have been on the board for about 8 years. I feel I can contribute input to benefit the City through the newly formed Transportation Committee. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would participate in the meetings and contribute to the overall mission of the Board/Commission. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Monday, May 15, 2023 3:17 PM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:5/15/2023 3:16:37 PM Board/Commission Transportation Committee Name (Last, First, Middle) Address City State Zip E. Alan Hartman 2425 Patriot Ln Employer Occupation: UW Oshkosh Retired 18 Years of Age or Older Yes Home Phone 920-231-2592 Business Phone 920-231-2592 Email Address HARTMAN@UWOSH.EDU Cell Phone 920-420-5860 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 47 Education: Ph.D in Industrial/Organizational Psychology Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): Yes List name, department and relationship: Amy Davis has chaired Parks Board for several years. As an aside our other daughter Elizabeth is chair of the CVB board. As a family we believe in giving back to our community. None of us work for the city but Amy does live next door to the City Manager.. List any potential conflicts of interest: Although retired I am still very connected to UW Oshkosh. 2 List City boards, commissions or committiees on which you have served: Years: Traffic and Parking twice - early 2000s until 2011 or so -- I do not remember exact dates, recently since 7/1/2022 10 Although not a city board I was on Grand Theater Board chair for 2, past chair for several 9 Although not a city board I have served on the United Way Board and chair for 2 years 8 Although not a city board I served on Evergreen Board and chaired the Organization Performance Committee for 8 years 9 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I have held leadership roles on several boards and at UW Oshkosh. I chaired the Traffic and Parking since January 1. Please write a concise statement which describes why you wish to serve on the above Board/Commission. Treat with respect those who come to speak. Ask good questions - as a leader I found that asking good questions is an important skill that I am still developing. I do my homework by visiting sites that are being suggested for change. I believe that I am respected in the community. At one time I knew all of the Council members but not so today as I know only a couple. My votes will reflect what I believe is best for the whole community not just a select group. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, May 17, 2023 9:55 AM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:5/17/2023 9:54:56 AM Board/Commission Transportation Committee Name (Last, First, Middle) Address City State Zip James Stapel 451 Church Ave. Oshkosh, WI 54901 Employer Occupation: Kitz & Pfeil Manager 18 Years of Age or Older Yes Home Phone (920) 233-2180 Business Phone (920) 236-3340 Email Address jim@kitzandpfeil.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 36 years most recently Education: Oshkosh West HS, UW-Madison BBA in Accounting and Computer Systems Design, Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have served: Years: Parking Utility--I'm not sure about years on either--all are a guess 12 2 Traffic and Parking Advisory Board 5 Business Impreovement District 20 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? Both from what I have experienced with my business and store fronts on Main Street and from my time on the Parking Utility I have a fair amount of experience with the various aspects of parking. As part of the Traffic and Parking Advisory Board I have learning more about aspects of traffic flow, safety, etc. The BID board broadens my knowledge of the needs of various businesses to thrive. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would bring my experience and share my insights with the board for the betterment of the City of Oshkosh. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, May 17, 2023 10:47 AM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:5/17/2023 10:47:01 AM Board/Commission Transportation Committee Name (Last, First, Middle) Address City State Zip Jeff Armstrong 2085 White Swan Drive Oshkosh, WI 54901 Employer Occupation: Coim, USA Area Sales Manager 18 Years of Age or Older Yes Home Phone (920)203-5825 Business Phone (920)203-5825 Email Address jarmee21@yahoo.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 23 Education: Bachelor of Science Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have served: Years: Transit Advisory Board 1 Board of Appeals 1.5 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? Currently serving on two board. Attended the Oshkosh Academy several years ago to better understand how Oshkosh runs. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I believe our community is better served with diverse voices serving on boards and committees. My goal is to serve with integrity while representing my neighbors and community ethically. 1 Bartlett, Diane From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Tuesday, June 6, 2023 2:12 PM To:Bartlett, Diane Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:6/6/2023 2:12:00 PM Board/Commission Transportation Committee Name (Last, First, Middle) Address City State Zip Sean Lynch 502 N Main St Apt A Oshkosh WI 54901 Employer Occupation: Self Employed Owner of Winnebago Bicycle 18 Years of Age or Older Yes Home Phone 920-312-0856 Business Phone 920-426-3020 Email Address sean.lynch@winnebagobicycle.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 32 Education: Oshkosh West: 2002-2006 UW Oshkosh: 2006-2011, Bachelor of Music University of Iowa: 2011-2014, Master of Arts Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: N/A List any potential conflicts of interest: None known List City boards, commissions or committiees on which you have served: Years: Bike and Pedestrian Advisory Board 2 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? As owner of Winnebago Bicycle, I have a unique understanding of the needs of the cycling community here in the Oshkosh area. Having served for 2 years on the Bike and Pedestrian Board, I am well acquainted with how the city boards operate, and would be ready to immediately get to work on the traffic committee. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I would serve as a voice for the cycling community, ensuring that decisions and/or actions taken by the Traffic Committee take into consideration the interests of cyclists and pedestrians in Oshkosh. JUNE 13, 2023 23-291 ORDINANCE SECOND READING MAY 23, 2023 23-256 ORDINANCE FIRST READING (CARRIED LOST________LAID OVER________WITHDRAWN________) PURPOSE: 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 INITIATED BY: RICHARD FISHER, FISHER AND ASSOCIATES, LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 3300 Medalist Drive from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD). BEING ALL OF CERTIFIED SURVEY MAP NUMBER 7062, RECORDED AS DOCUMENT NUMBER 1708405, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ¼ OF THE NORTHEAST ¼, THE NORTHWEST ¼ OF THE NORTHEAST ¼, THE SOUTHEAST ¼ OF THE NORTHEAST ¼ AND THE SOUTHWEST ¼ OF THE NORTHEAST ¼, SECTION 2, TOWNSHIP 17 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING THE ADJACENT ½ RIGHTS-OF-WAY OF MEDALIST DRIVE, W. 33RD AVENUE AND W. 34TH AVENUE. MAY 23, 2023 23-256 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTY LOCATED AT 3300 MEDALIST DRIVE on June 13, 2023. This ordinance changes the zoning of the properties located at 3300 Medalist Drive from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. 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 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 BACKGROUND The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for a property located at 3300 Medalist Drive. The subject area included in the zone change request consists of one developed industrial parcel (building is currently vacant) totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and West 33rd Avenue. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. ANALYSIS The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for a future use expansion of the subject property. The applicant has submitted applications for General Development and Specific Implementation Plans to add personal storage facilities which will be reviewed at a future date. Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. The proposed HI-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Industrial) as well as the surrounding land uses, which are exclusively industrial. Also, the Planned Development Overlay will provide further review of the proposed personal storage component which is appropriate due to the property being located within an Industrial Park. RECOMMENDATION The Plan Commission recommended approval of the Zone Change 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: 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 MEETING DATE: MAY 16, 2023 GENERAL INFORMATION Applicant: Richard Fisher, Fisher and Associates, LLC Owner: Marmax Holdings, LLC Actions Requested: The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for a property located at 3300 Medalist Drive. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Background Information, Property Location and Type: The subject area included in the zone change request consists of one developed industrial parcel (building is currently vacant) totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and W. 33rd Avenue. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. Subject Site Existing Land Use Zoning Industrial Heavy Industrial (HI) Adjacent Land Use and Zoning Existing Uses Zoning North Industrial Heavy Industrial (HI) South Industrial Heavy Industrial (HI) East Vacant Heavy Industrial (HI) West Industrial Heavy Industrial (HI) Item V - Zone Change – 3300 Medalist Drive Recognized Neighborhood Organizations N/A Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Industrial ANALYSIS The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for a future use expansion of the subject property. The applicant has submitted applications for General Development and Specific Implementation Plans to add personal storage facilities which will be reviewed under the subsequent item. Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. The proposed HI-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Industrial) as well as the surrounding land uses, which are exclusively industrial. Also, the Planned Development Overlay will provide further review of the proposed personal storge component which is appropriate due to the property being located within an Industrial Park. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. Zone Change from HI to HI-PD Item V - Zone Change – 3300 Medalist Drive (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the rezone from Heavy Industrial (HI) to Heavy Industrial with Planned Development Overlay at 3300 Medalist Drive with the findings listed above. Plan Commission recommended approval of the Rezone 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 applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for a property located at 3300 Medalist Drive. 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 subject area included in the zone change request consists of one developed industrial parcel (building is currently vacant) totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and W. 33rd Avenue. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for a future use expansion of the subject property. The applicant has submitted applications for General Development and Specific Implementation Plans to add personal storage facilities which will be reviewed under the subsequent item. Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. The proposed HI-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Industrial) as well as the surrounding land uses, which are exclusively industrial. Also, the Planned Development Overlay will provide further review of the proposed personal storge component which is appropriate due to the property being located within an Industrial Park. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Item V - Zone Change – 3300 Medalist Drive Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Brian Fisher; Fisher & Consultants, 147N10764 Heritage Parkway, Germantown, said he is representing the owner and is available for questions. 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 Application Zoning Map Amendment (Rezoning) **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: ____________ ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: _________________________________________________________________________ Tax Parcel Number(s): _________________________________________________________________________________________ Rezone property from: ___________________________________________ to ___________________________________________ Purpose for Rezoning:__________________________________________________________________________________________ ____________________________________________________________________________________________________________ Describe existing property development and land use: ________________________________________________________________ ____________________________________________________________________________________________________________ Describe proposed development and/or proposed land use: ____________________________________________________________ ____________________________________________________________________________________________________________ Proposed time schedule for development and/or use of the property: ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ Zoning Adjacent to the Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________ SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 4/3/23 Page 4 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy)  Map of the immediate area showing property involved. Area to be rezoned must be outlined in color  A site plan drawn to readable scale showing present status of property and proposed development  Street address, adjacent streets, intersections and any other information or landma rks to help identify the property  Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs  A narrative statement explaining the zone change and discussion of the project  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 SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all amendments to the Official Zoning Map. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. The staff report and meeting notice will also be available on the City’s website. No notice is sent to the petitioner or owner regarding the Common Council’s consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. Neighborhood opinion is an important factor in the decision-making process. If the proposed development is expected to have significant impact on other properties, the petitioner may be required to conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mail ing list for the neighborhood meeting. If deemed appropriate, notification by mail informing the property owners within 100 feet of the subject property of the proposal may substitute for the public meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Within 90 days of filing a complete application, Plan Commission shall hold a public hearing to consider the request. Within 60 days of the public hearing, the Plan Commission may make a written re port to the Common Council with recommendations regarding the proposal. The Plan Commission’s report is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 nd and 4th Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. The Common Council may approve the Official Zoning Map amendment as originally p roposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. If the Official Zoning Map amendment is approved, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the Official Zoning Map accordingly. For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm Page 5 FISHER & ASSOCIATES, LLC Architects/Planners W13654 Balsam Lake Road Crivitz, WI 54114 Ph: 920-376-0007 City of Oshkosh March 31, 2023 Community Development Department 215 Church Ave Oshkosh, WI 54903 Attention: Community Development Department RE: Zoning Map amendment for 3300 Medalist Drive, City of Oshkosh, WI. To whom it may concern: This property is currently an industrial site that was last used by Oshkosh Defense for modifying and testing government owned vehicles. We are requesting planned development rezoning to develop a portion of the site that is currently vacant, to construct four new indoor-heated, secure self-storage buildings with a combined size of 92,005 s.f.. The new buildings are arranged to have the overhead doors facing to the inward to the development except for the north facing building that is screened from the street by an existing office building. The facility is designed primarily for RV/camper storage that is behind a 6-0” high secure fence. This facility will be on-site managed, and no surface storage of any kind, including vehicles, will be permitted to be stored outside of the buildings. The tenants will be able to access their units any time via a secure gate system. The property is owned by: Marmax Holdings LLC W229 N2512 Duplainville Rd. Waukesha, WI 53188 Agent Brian Fisher – Fisher Consult LLC 262-613-4015 The map amendment: H1-PD Heavy Industrial-PD planned development rezoning is being requested because of the unique use of a multi-building facility where public access to the area is controlled and much of the exterior of the building is overhead doors. This property and all abutting properties are zoned H1 heavy industrial with industrial buildings, storm water ponds, or outdoor storage of military vehicles. This project is compatible with the other land uses surrounding the property. The overall site meets the floor area ratio, paved areas, and green space requirements but the following standards are being requested as part of our Planned Development request:  We are requesting the parking for the existing office building be reduced from 67, based on building square footage, to 57 as shown on the current design plan  Modification to the locations of required landscaping  Modification to the locations of exterior materials Further explanations of our requests are part of our planned development submittal. If you need additional information, please contact me or the owners’ agent Brian Fisher at 262-613-4015. Sincerely, Richard J. Fisher, A.I.A. Senior Project Architect Page 6 Page 7 REZONE/GDP/SIP 3300 MEDALIST DR 5/16/2023 OSHKOSH CORPORATION PO BOX 2566 OSHKOSH, WI 54903 DAHL PROPERTIES LLC PO BOX 2944 OSHKOSH, WI 54903 MARVEL REAL ESTATE CO LLC 3501 MARVEL DR OSHKOSH, WI 54902 3345 MEDALIST DRIVE LLC 3345 MEDALIST DR A OSHKOSH, WI 54902 ARROWHEAD SYSTEMS INC 124 N COLUMBUS ST RANDOLPH, WI 53956 ARDON LLC 3250 MEDALIST DR OSHKOSH, WI 54902 WITTMAN REGIONAL AIRPORT 525 W 20TH AVE OSHKOSH, WI 54902 TOWN OF NEKIMI 3790 PICKETT RD OSHKOSH, WI 54904 GEN2 HOLDINGS LLC 450 W 33RD AVE OSHKOSH, WI 54902 RICHARD FISHER W13654 BALSAM LAKE RD CRIVITZ, WI 54114 MARMAX HOLDINGS LLC W229N2512 DUPLAINVILLE RD WAUKESHA, WI 53186 Page 8 W 34TH AV MEDALIST DR MARVEL DR W 33RD AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/27/2023 1 in = 220 ft 1 in = 0.04 mi¯3300 MEDALIST DR City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 9 W 35TH AV W 33RD AV MEDALIST DR MARVEL DR OREGON ST W WAUKAU AV HUGHES ST OshkoshOshkoshCityCityLimitLimit O s h k o s h O s h k o s h City Li m it City Li m it O s h k o s h O s h k o s h CityCity Li m itLimit Oshkosh City Limit Oshkosh City Limit Oshkosh Oshkosh City City Limit Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit HI HI I I I I-PD SR-5 SR-5 SR-5-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/27/2023 1 in = 500 ft 1 in = 0.09 mi¯3300 MEDALIST DR City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 10 W 34TH AV MEDALIST DR MARVEL DR W 33RD AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/27/2023 1 in = 200 ft 1 in = 0.04 mi¯3300 MEDALIST DR City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 11 MAY 23, 2023 23-256 ORDINANCE FIRST READING (CARRIED ___LOST________LAID OVER________WITHDRAWN________) PURPOSE: 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 INITIATED BY: RICHARD FISHER, FISHER AND ASSOCIATES, LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 3300 Medalist Drive from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD). BEING ALL OF CERTIFIED SURVEY MAP NUMBER 7062, RECORDED AS DOCUMENT NUMBER 1708405, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ¼ OF THE NORTHEAST ¼, THE NORTHWEST ¼ OF THE NORTHEAST ¼, THE SOUTHEAST ¼ OF THE NORTHEAST ¼ AND THE SOUTHWEST ¼ OF THE NORTHEAST ¼, SECTION 2, TOWNSHIP 17 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING THE ADJACENT ½ RIGHTS-OF-WAY OF MEDALIST DRIVE, W. 33RD AVENUE AND W. 34TH AVENUE. MAY 23, 2023 23-256 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTY LOCATED AT 3300 MEDALIST DRIVE on June 13, 2023. This ordinance changes the zoning of the properties located at 3300 Medalist Drive from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. JUNE 13, 2023 23-292 ORDINANCE SECOND READING MAY 23, 2023 23-257 ORDINANCE FIRST READING (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET INITIATED BY: SDJ PROPERTIES LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2199, RECORDED AS DOCUMENT NUMBER 745654, WINNEBAGO COUNTY REGISTER OF DEEDS, LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525, RECORDED AS DOCUMENT NUMBER 1799038, WINNEBAGO COUNTY REGISTER OF DEEDS AND ALL OF THE SOPER ANNEXATION, RECORDED AS DOCUMENT NUMBER 1897149, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼, OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING THE ADJACENT ½ OF THE RIGHT-OF-WAY OF JACKSON STREET ADJACENT TO SAID LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2199 AND SAID LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525. MAY 23, 2023 23-257 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET on June 13, 2023. This ordinance changes the zoning of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525. MAY 23, 2023 23-257 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET on June 13, 2023. This ordinance changes the zoning of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. 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 Zone Change from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for Properties Located at 3400-3454 Jackson Street BACKGROUND The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). The subject area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. ANALYSIS The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for future expansion and redevelopment of the subject properties. The applicant intends to combine the three subject properties and has submitted plans for expansion of the contractor yard area . Staff is supportive of the proposed rezone as it will serve to accommodate future development needs for the site and will also allow for further review to mitigate potential impacts on the neighboring residential use to the south. RECOMMENDATION The Plan Commission recommended approval of the zone change with findings 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: ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET PLAN COMMISSION MEETING DATE: MAY 16, 2023 GENERAL INFORMATION Owner/Applicant: SDJ Properties LLC Actions Requested: The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for three properties located at 3400 - 3454 Jackson Street. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Background Information, Property Location and Type: The subject area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. Subject Site Existing Land Use Zoning Commercial & Residential HI & Town of Oshkosh Adjacent Land Use and Zoning Existing Uses Zoning North Commercial HI South Residential Town of Oshkosh East Commercial & Vacant SMU West Industrial HI Item VI A - Zone Change – 3400 - 3454 Jackson Street Recognized Neighborhood Organizations N/A Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Industrial ANALYSIS The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for future expansion and redevelopment of the subject properties. The applicant intends to combine the three subject properties and has submitted plans for expansion of the contractor yard area which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review under the subsequent item. Item VI A - Zone Change – 3400 - 3454 Jackson Street Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. The proposed HI-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Industrial) as well as the surrounding land uses, which are predominantly commercial and industrial. Also, the Planned Development Overlay will provide further review of future development which is appropriate due to the proximity of the residential property to the south. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): Item VI A - Zone Change – 3400 - 3454 Jackson Street (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the Rezone with the findings listed above. Plan Commission recommended approval of the Rezone 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 applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for three properties located at 3400 - 3454 Jackson 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 area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for future expansion and redevelopment of the subject properties. The applicant intends to combine the three subject properties and has submitted plans for expansion of the contractor yard area which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review under the subsequent item. The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for future expansion and redevelopment of the subject properties. The applicant intends to combine the three subject properties and has submitted plans for expansion of the contractor yard area which will be addressed as General Item VI A - Zone Change – 3400 - 3454 Jackson Street Development Plan (GDP) and Specific Implementation Plan (SIP) review under the subsequent item. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Ms. Propp asked if Plan Commission was approving the outdoor storage. Mr. Lyons said that is correct. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Ethan Engle; 3420 Jackson St, said it’s a unique site as far as shape and mobility with some outdoor storage from previous owners. Soper is a heavy civil construction and trucking contractor with snow removal and landscaping. Most of the heavy equipment will be store off- site. This is more for the smaller trucks and items like plows. The future plan could be to expand to fill in the southeast corner. 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 Application Zoning Map Amendment (Rezoning) **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: ____________ ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: _________________________________________________________________________ Tax Parcel Number(s): _________________________________________________________________________________________ Rezone property from: ___________________________________________ to ___________________________________________ Purpose for Rezoning:__________________________________________________________________________________________ ____________________________________________________________________________________________________________ Describe existing property development and land use: ________________________________________________________________ ____________________________________________________________________________________________________________ Describe proposed development and/or proposed land use: ____________________________________________________________ ____________________________________________________________________________________________________________ Proposed time schedule for development and/or use of the property: ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ Zoning Adjacent to the Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________ SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 12/6/2022 12/6/22 Page 4 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) Map of the immediate area showing property involved. Area to be rezoned must be outlined in color A site plan drawn to readable scale showing present status of property and proposed development Street address, adjacent streets, intersections and any other information or landmarks to help identify the property Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs A narrative statement explaining the zone change and discussion of the project 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 SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all amendments to the Official Zoning Map. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. The staff report and meeting notice will also be available on the City’s website. No notice is sent to the petitioner or owner regarding the Common Council’s consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. Neighborhood opinion is an important factor in the decision-making process. If the proposed development is expected to have significant impact on other properties, the petitioner may be required to conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. If deemed appropriate, notification by mail informing the property owners within 100 feet of the subject property of the proposal may substitute for the public meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Within 90 days of filing a complete application, Plan Commission shall hold a public hearing to consider the request. Within 60 days of the public hearing, the Plan Commission may make a written report to the Common Council with recommendations regarding the proposal. The Plan Commission’s report is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 nd and 4th Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. The Common Council may approve the Official Zoning Map amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. If the Official Zoning Map amendment is approved, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the Official Zoning Map accordingly. For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm Page 5 December 5, 2022 Rezone Narrative Project: Soper Companies - Laydown Area-Security Project 3400-3454 Jackson St Oshkosh, WI 54901 SDJ Properties LLC is requesting rezoning of properties located at 3400-3454 Jackson Street. The subject properties consist of parcels 91519603902 and 91519603901 in the City of Oshkosh and parcel 0180015 currently in the Town of Oshkosh. The annexation process for the Town parcel is underway; the annexation request will be acted upon at the Common Council meeting on December 13, 2022. A Certified Survey Map is also being submitted concurrent with the Planned Development request to combine the parcels. The project site is bound by residential property to the south and industrial properties to the east and north. The existing site currently contains six (6) buildings and associated internal driveways. The south side of the site contains a residential house that will be demolished. The proposed project will include a proposed material laydown area, installation of security fence around the site, and construction of stormwater management facilities for the site. The two (parcels currently located within the City of Oshkosh limits are zoned Heavy Industrial (HI) and the parcel that is the subject of annexation will be annexed into the City as HI. The applicant respectfully requests the properties be rezoned to Heavy Industrial-Planned Development (HI-PD) to allow for flexibility in development of the site as detailed in the General Development Plan-Specific Improvement Plan submittal. Page 6 SDJ Properties LLC Winnebago County GIS, Imagery Date: April 2020 Adjacent Counties Lakes, Ponds and Rivers Navigable Waterways Navigable - Permanent (unchecked) Navigable - Intermittent (unchecked) Navigable - Stream (unchecked) Navigable - Permanent (checked) Navigable - Intermittent (checked) Navigable - Stream (checked) Tax Parcel Boundary Road ROW Municipal Boundary 12/5/2022, 2:30:30 PM 0 225 450112.5 ft 0 60 12030m 1:2,400 Winnebago County GIS Winnebago County GIS | Imagery Date: April 2020 |Page 7 REZONE/GDP/SIP 3400 JACKSON ST PC: 5-16-2023 OA&E PROPERTIES LLC 911 STARBOARD CT OSHKOSH, WI 54901 BERGSTROM FORD OF OSHKOSH INC 1 NEENAH CENTER STE 700 NEENAH, WI 54956 JACKSON LOGAN LLC 300 N MAIN ST STE 300 OSHKOSH, WI 54901 NORMAN C/JUDITH A KNIEF 3147 WATERFORD CT NEW BERLIN, WI 53151 CROWN CORK & SEAL CO USA INC 770 TOWNSHIP LINE RD STE 100 YARDLEY, PA 19067 WISCONSIN METALS & PLASTICS REAL EST LLC 3515 N MAIN ST OSHKOSH, WI 54901 BT-OH LLC 55 GLENLAKE PKWY ATLANTA, GA 30328 ARIANNA L KAESLER/TREVOR W JACOBS 3370 JACKSON ST OSHKOSH, WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 SDJ PROPERTIES LLC 139 E PACKER AVE OSHKOSH, WI 54901 Page 8 L O G A N D R L O G A N D R JACKSON ST O sh k o s h C i t y Li mi tOshkosh C i t y Li mi t C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/13/2023 1 in = 220 ft 1 in = 0.04 mi¯3400 JACKSON 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 9 CH RI ST IAN DR EICHSTADT RD ANDERSON ST OLS ON A V GOLDEN IRIS DR FARMINGTON AV WEST ERN CT H A R V E S T D R PARKVIEW CT L O G A NDR L O G A N D R SUMMERSET WAY ZION ST W S N EL L R D JACKSON ST N M AIN ST E S N E LL R D E F E R N A U A VW F E R N A U A V Osh kosh Osh kosh City Limit City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t Oshkosh City Limit Oshkosh City Limit BP BP-PD DR-6 DR-6 HI I I I MR-12 MR-12 MR-20-PD SMU SMU SMU-PD SR-3 SR-3 SR-5 SR-5 SR-9 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/13/2023 1 in = 500 ft 1 in = 0.09 mi¯3400 JACKSON 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 10 L O G A N D R JACKSON ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/13/2023 1 in = 200 ft 1 in = 0.04 mi¯3400 JACKSON 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 11 MAY 23, 2023 23-257 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET INITIATED BY: SDJ PROPERTIES LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2199, RECORDED AS DOCUMENT NUMBER 745654, WINNEBAGO COUNTY REGISTER OF DEEDS, LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525, RECORDED AS DOCUMENT NUMBER 1799038, WINNEBAGO COUNTY REGISTER OF DEEDS AND ALL OF THE SOPER ANNEXATION, RECORDED AS DOCUMENT NUMBER 1897149, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼, OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING THE ADJACENT ½ OF THE RIGHT-OF-WAY OF JACKSON STREET ADJACENT TO SAID LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2199 AND SAID LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7525. MAY 23, 2023 23-257 ORDINANCE FIRST READING CONT’D SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON STREET on June 13, 2023. This ordinance changes the zoning of the property located at 3400-3454 Jackson Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. JUNE 13, 2023 23-293 ORDINANCE FIRST READING (CARRIED_7-0_____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: REPEAL SECTION 2-37 OF THE CITY MUNICIPAL CODE PERTAINING TO THE COMMITTEE ON AGING INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE CITY’S MUNICIPAL CODE TO REPEAL SECTION 2-37 PERTAINING TO THE COMMITTEE ON AGING WHEREAS, the Common Council has reviewed the various boards and commissions established for the City and directed staff to proceed with implementation of the recommendations dated April 25, 2023 and adopted by Resolution 23-235 on May 9, 2023, and WHEREAS, the City Manager and Parks Director have met with the Committee on Aging and explained the recommendations; and WHEREAS, the members of the Committee on Aging have been invited to continue their educational mission working with the City as a private non-city group; and WHEREAS, the Common Council thanks the present and all past members of the Committee on Aging for their service to the City of Oshkosh. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That the following Section 2-37 of the Oshkosh Municipal Code pertaining to the Committee on Aging is hereby repealed. JUNE 13, 2023 23-293 ORDINANCE FIRST READING CONT’D SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 3. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #23-XXX REPEAL SECTION 2-37 OF THE CITY MUNICIPAL CODE PERTAINING TO THE COMMITTEE ON AGING (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE CITY’S MUNICIPAL CODE TO REPEAL SECTION 2-37 PERTAINING TO THE COMMITTEE ON AGING) on June 13, 2023. The ordinance eliminates the Committee on Aging. 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. JUNE 13, 2023 23-293 ORDINANCE FIRST READING CONT’D SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 3. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #23-XXX REPEAL SECTION 2-37 OF THE CITY MUNICIPAL CODE PERTAINING TO THE COMMITTEE ON AGING (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE CITY’S MUNICIPAL CODE TO REPEAL SECTION 2-37 PERTAINING TO THE COMMITTEE ON AGING) on June 13, 2023. The ordinance eliminates the Committee on Aging. 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: June 8, 2023 RE: Repeal Section 2-37 of the City Municipal Code Pertaining to the Committee on Aging 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. ANALYSIS Pursuant to the direction given by Council the ordinance would eliminate the Committee on Aging. The City Manager and Parks Director met with the Committee’s Chair and the Committee and has discussed ways that the group may continue their educational work with seniors outside of the formal City Committee process as a private group. 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 from the elimination of the committee. RECOMMENDATION Staff recommends waiving the rules and adoption of the ordinance on first reading. Respectfully Submitted, Approved: Lynn Lorenson, City Attorney Mark A. Rohloff, City Manager JUNE 13, 2023 23-294 RESOLUTION (APPROVED_7-0______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR ADDITION OF PERSONAL STORAGE FACILITY USE AT 3300 MEDALIST DRIVE INITIATED BY: RICHARD FISHER, FISHER AND ASSOCIATES, LLC PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the General Development Plan amendment and Specific Implementation Plan for a personal storage facility at the 3300 Medalist Drive is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan amendment and Specific Implementation Plan for a commercial development at 3300 Medalist Drive, per the attached, is hereby approved with the following findings: 1. The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 2. The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) 3. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. 4. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 5. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. JUNE 13, 2023 23-294 RESOLUTION CONT’D 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a General Development Plan and Specific Implementation Plan for a commercial development at 3300 Medalist Drive, per the attached, is hereby approved with the following findings: 1. Cross Base Standard Modification to allow reduced Class I material requirement for street-facing elevations (11.7% for Building C, 0.0% for Buildings D and E). 2. Base Standard Modification to not require foundation plantings along the east elevation of Building A/B and north and south elevations of Buildings C, D and E. 3. Final landscaping plan shall be reviewed and approved by the Department of Community Development. JUNE 13, 2023 23-294 RESOLUTION CONT’D 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a General Development Plan and Specific Implementation Plan for a commercial development at 3300 Medalist Drive, per the attached, is hereby approved with the following findings: 1. Cross Base Standard Modification to allow reduced Class I material requirement for street-facing elevations (11.7% for Building C, 0.0% for Buildings D and E). 2. Base Standard Modification to not require foundation plantings along the east elevation of Building A/B and north and south elevations of Buildings C, D and E. 3. 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: June 8, 2023 RE: Approve General Development Plan and Specific Implementation Plan for Addition of Personal Storage Facility Use at 3300 Medalist Drive BACKGROUND The petitioner requests General Development and Specific Implementation Plan approval to add a personal storage facility use at 3300 Medalist Drive. The subject area involving this request consists of one developed industrial parcel totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and West 33rd Avenue. Existing structures include an approximately 140,000 square foot manufacturing building, a separate 19,500 square foot office building, three main off-street parking areas and accessory structures. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. ANALYSIS This property is currently an industrial site that has been leased by various businesses. The applicant had requested adding a Planned Development Overlay to allow the addition of personal storage facilities at a vacant portion of the property. Personal storage facilities are a Conditional Use in the HI District. The personal storage facilities will consist of four indoor climate-controlled, secured self-storage buildings with a combined size of 92,005 square feet. The north end of Building A also has a 30-foot by 40’, 1,200 Square foot office for on-site staff. The facility will be monitored both on site and remotely via a camera system and the facility will be staffed full-time on a seasonal basis with part-time staff in the winter months. Hours of operation will be 9:00am to 6:00pm Monday through Friday and 9:00am to 3:00pm on Saturdays. The office is located in the north end of building A, outside of the security gate. The buildings will be segregated into individual units that are 12 feet to 15 feet wide and from 30 feet to 50 feet in depth, with a total of 143 units. The proposed personal storage units will be located at the southeast corner of the property which is primarily undeveloped except for an approximately 25,000 square foot parking area. Four buildings are being proposed and are arranged to have the overhead doors facing to the inward to the development except for the north facing building that is screened from the street by an existing office building. The facility is designed primarily for RV/camper storage that is City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us behind a six-foot tall security fence. There will also be 24 units that are accessible without entering the fenced area (north side units of Building C). The submitted site plan shows a reconfiguration of the existing parking lot, reducing the number of stalls from 67 to 58. The applicant requests, in the narrative, a Base Standard Modification (BSM) for reduced parking as the exiting office building, based on its size, requires 67 stalls (1 stall per 300 square feet of gross floor area). However, over 230 additional parking stalls are available elsewhere on the property to the west providing parking for up to 230 employees at the plant’s maximum shift. A covered pedestrian walkway also connects the office’s parking lot with the manufacturing building’s northern parking lot. Therefore, ample parking is available to meet code and a BSM is not required. The site plan shows 30 reconfigured stalls as a single row adjacent to an 18-foot wide by 270- foot-long curbed green space. The size of the green space eliminates the need for landscaped planter islands at each end. However, code does require one intermediate island for every 20 continuous parking spaces. This will be addressed at site plan review. FISCAL IMPACT Approval of this may result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $3.7 million 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 Mark A. Rohloff Planning Services Manager City Manager ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN REVIEW FOR ADDITION OF PERSONAL STORAGE FACILITY USE AT 3300 MEDALIST DRIVE Plan Commission meeting of May 16, 2023. GENERAL INFORMATION Applicant: Richard Fisher, Fisher and Associates, LLC Owner: Marmax Holdings, LLC Action(s) Requested: The petitioner requests General Development and Specific Implementation Plan approval to add a personal storage facility use at 3300 Medalist Drive. Applicable Ordinance Provisions: Conditional Use Permit Procedures are located in Section 30-382 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject area involving this request consists of one developed industrial parcel totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and W. 33rd Avenue. Existing structures include an approximately 140,000 square foot manufacturing building, a separate 19,500 square foot office building, three main off-street parking areas and accessory structures. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. Subject Site Existing Land Use Zoning Industrial Pending HI-PD zone change Adjacent Land Use and Zoning Existing Uses Zoning North Industrial Heavy Industrial (HI) South Industrial Heavy Industrial (HI) East Vacant Heavy Industrial (HI) West Industrial Heavy Industrial (HI) Recognized Neighborhood Organizations N/A ITEM V - B – GDP SIP – 3300 Medalist Drive 2 Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Industrial ANALYSIS Use This property is currently an industrial site that was previously used by Oshkosh Defense for modifying and testing government owned vehicles. The applicant had requested adding a Planned Development Overlay to allow the addition of personal storage facilities at a vacant portion of the property. Personal storage facilities are a Conditional Use in the HI District. The personal storage facilities will consist of four indoor climate-controlled, secured self-storage buildings with a combined size of 92,005 square feet. The north end of Building A also has a 30- foot by 40’, 1,200 Square foot office for on-site staff. The facility will be monitored both on site and remotely via a camera system and the facility will be staffed full-time on a seasonal basis with part-time staff in the winter months. Hours of operation will be 9:00am to 6:00pm Monday through Friday and 9:00am to 3:00pm on Saturdays. The office is located in the north end of ITEM V - B – GDP SIP – 3300 Medalist Drive 3 building A, outside of the security gate. The buildings will be segregated into individual units that are 12 feet to 15 feet wide and from 30 feet to 50 feet in depth, with a total of 143 units. Site Design The proposed personal storage units will be located at the southeast corner of the property which is primarily undeveloped except for an approximately 25,000 square foot parking area. Four buildings are being proposed and are arranged to have the overhead doors facing to the inward to the development except for the north facing building that is screened from the street by an existing office building. The facility is designed primarily for RV/camper storage that is behind a six-foot tall security fence. There will also be 24 units that are accessible without entering the fenced area (north side units of Building C). Required Provided Front Setback (west) 30 ft. min. 542 ft. Street Side Setback (north) 30 ft. min. 131 Side Setback (south) 20 ft. min. 99 ft. (existing) Rear Setback (east) 25 ft. min. 60’ from building 39’ from alternate fire lane Parking (site as a whole) 1 space for every employee at its largest work shift (manufacturing building) Plus 1 per 300 sq. ft. gross area (office building, 67 required) 287 spaces Impervious Surface 70% max. 67.1% ITEM V - B – GDP SIP – 3300 Medalist Drive 4 The submitted site plan shows a reconfiguration of the existing parking lot, reducing the number of stalls from 67 to 58. The applicant requests, in the narrative, a Base Standard Modification (BSM) for reduced parking as the exiting office building, based on its size, requires 67 stalls (1 stall per 300 square feet of gross floor area). However, over 230 additional parking stalls are available elsewhere on the property to the west providing parking for up to 230 employees at the plant’s maximum shift. A covered pedestrian walkway also connects the office’s parking lot with the manufacturing building’s northern parking lot. Therefore, ample parking is available to meet code and a BSM is not required. The site plan shows 30 reconfigured stalls as a single row adjacent to an 18-foot wide by 270-foot long curbed green space. The size of the green space eliminates the need for landscaped planter islands at each end. However, code does require one intermediate island for every 20 continuous parking spaces. This will be addressed at site plan review. Signage The applicant’s submittal does not include additional signage. Currently the site has one monument sign on Medalist Drive serving the manufacturing building. Code does allow one ground sign for each right-of-way frontage so a second ground sign can be placed on W. 33rd Avenue if desired. Any new signage shall meet base code standards allowed in the HI Zone District. Lighting A lighting plan has not been provided with the submittal. Lighting must be provided along all drive aisles and parking areas with a minimum of 0.4 foot-candle illumination with a maximum of 0.5 foot-candles at property lines. This will be addressed during Site Plan Review. Storm Water Management Storm water management plans have been submitted and are under review by the Department of Public Works. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Paved Area, Foundation and Yard landscaping points are required for the proposed storage buildings and pavement additions. ITEM V - B – GDP SIP – 3300 Medalist Drive 5 Landscape Plan Points Required Points Provided Paved Areas 212.6 Not Calculated Foundation 1042 Not Calculated Yard 920 Not Calculated Total 2174.6 2543.8 Per Plan Placement of foundation plantings along both long sides of buildings C and D, the east side of Building A/B and the north side Building E makes it impractical or impossible due to overhead doors consuming most of the facades. Instead, the applicant is requesting a BSM to allow placement of a large portion of the required landscaping be placed around the perimeter of the newly developed area to act as screening. The plan shows bulk of the required landscaping to be placed at the ends of the storage buildings and locations that offer the most visual impact. Foundation plantings are largely absent on the south side of Building E as it is adjacent to the site’s detention basin and undevelopable land further to the south. Required plantings here would not provide any visual enhancement to the site. ITEM V - B – GDP SIP – 3300 Medalist Drive 6 The Department of Public Works recently commented during review that landscaping placed at the east ends of Buildings C, D & E may be problematic. A 36-inch storm sewer is proposed to located at the same location of the plantings. Also, the grading and drainage plan shows a proposed berm. The grade of the berm could make establishment of plantings difficult and any ground coverage (mulch/stone) will wash away. Section 30-251(F)(1) of the Zoning Ordinance allows the Director of Community Development or designee to make modifications to the landscape plan based on unusual conditions on the site or conflicts with utilities. Staff will work with the applicant to modify the plan to achieve, at a minimum, the amount of landscape points proposed (2543.8 points). Plantings will be located where it will have the most visual impact while at the same time, screen the buildings. Building Facades Section 30-244 of the zoning ordinance requires industrial buildings to be clad in Class I, II or III materials. The ordinance also states that for all facades facing a public street shall be composed of at least 15% Class I materials. The applicant has provided building elevations for the storage buildings, which will be clad mostly with horizontal micro-ribbed metal wall panels with concealed fasteners, a Class III Material. All four builds incorporate a wainscot of nichiha brick siding on the ends facing the public street or adjacent properties. A BSM is being requested for buildings C, D and E as the street facing facades do not meet the minimum Class I material requirement. Building North Elevation* South Elevation East Elevation West Elevation A/B 22.0% Class I (with windows) 21.3% Class I 3.8% Class I 1.1% Class I C 11.7% Class I 0.0% Class I 24.5% Class I 24.5% Class I D 0.0% Class I 0.0% Class I 21.2% Class I 21.2% Class I E 0.0% Class I 0.0% Class I 20.5% Class I 20.5% Class I *Street facing ITEM V - B – GDP SIP – 3300 Medalist Drive 7 ITEM V - B – GDP SIP – 3300 Medalist Drive 8 Due to the minimal visibility from neighboring properties and screening provided by the office building, staff is supportive of a BSM to allow the reduction of Class I materials as indicated. The applicant has exceeded the 15% Class I material requirement on the north elevation of Building A, which is closest and most visible from the public right-of-way. The BSM request can be offset by the additional landscaping proposed which is 17% more than what is require by code. 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. ITEM V - B – GDP SIP – 3300 Medalist Drive 9 (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 Specific Implementation Plan with the findings listed above with the proposed following conditions: 1. Base Standard Modification to allow reduced Class I material requirement for street-facing elevations (11.7% for Building C, 0.0% for Buildings D and E) 2. Base Standard Modification to not require foundation plantings along the east elevation of Building A/B and north and south elevations of Buildings C, D and E. 3. Final landscaping plan shall be reviewed and approved by the Department of Community Development. The Plan Commission recommended approval of the general development plan, and specific implementation plan with conditions/as requested on May 16, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests General Development and Specific Implementation Plan approval to add a personal storage facility use at 3300 Medalist Drive. 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 subject area involving this request consists of one developed industrial parcel totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and W. 33rd Avenue. Existing structures include an approximately 140,000 square foot manufacturing building, a separate 19,500 square foot office building, three main off- street parking areas and accessory structures. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. Staff recommends approval with the findings and conditions as stated in the staff report. ITEM V - B – GDP SIP – 3300 Medalist Drive 10 Mr. Perry opened up technical questions to staff. Mr. Coulibaly asked for clarification on the site plan. Mr. Lyons said that what Mr. Coulibaly is referring to is a potential fire lane. Mr. Coulibaly asked how wide the fire lane is. Mr. Lyons said it is 24 feet. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Fisher pointed out an area of the site plan where the berm will be located. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Mr. Fisher said he appreciates the opportunity to develop this facility in this location. Individual garages for RV’s and boats that’s heated is unique in the area. It’s a great opportunity if the City of Oshkosh ever has an ordinance that doesn’t allow people to park RVs in their driveways, there will be a place to put them. 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. Mr. Perry said that this is a good place for storage so he doesn’t see anything wrong with this. As an RV owner, he agrees that it is hard to find indoor heated storage for RV’s and some neighborhoods in the city do have covenants that do not allow parking in the driveway. 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 PHONE: (920) 236-5059 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) The following information must be provided in order for the application to be considered complete and able to be scheduled for Plan Commission Review. Please use the checklist below to determine the required information to be submitted at the time of application. If all information below cannot be provided at the time of application, please request a waiver in writing to the Division’s Director or designee.  A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  General location map of the subject site depicting:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject property.  Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control.  A graphic scale and north arrow.  Generalized site plan showing the pattern or proposed land uses, including:  General size, shape, and arrangement of lots and specific use areas.  Basic street pattern and pattern of internal drives.  General site grading plan showing preliminary road grades.  Basic storm drainage pattern, including proposed on-site stormwater detention.  General location of recreational and open space areas, including designation of any such areas to be classified as common open space.  Statistical data, including:  Minimum lot sizes in the development.  Approximate areas of all lots.  Density/intensity of various parts of the development.  Building coverage.  Landscaping surface area ratio of all land uses.  Expected staging.  Conceptual landscaping plan.  General signage plan.  General outline of property owners association, covenants, easements, and deed restrictions.  A written description of the proposed Planned Development, including:  General project themes and images.  The general mix of dwelling unit types and/or land uses.  Approximate residential densities and nonresidential intensities.  General treatment of natural features.  General relationship to nearby properties and public streets.  General relationship of the project to the Comprehensive Plan or other area plans.  Proposed exceptions from the requirements of the Zoning Ordinance.  Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee.  A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  An existing conditions map of the subject site depicting the following:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject site.  Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.  Existing utilities and recorded easements.  All lot dimensions of the subject site.  A graphic scale and a north arrow.  An SIP map of the proposed site showing at least the following:  Lot layout and the arrangements of buildings.  Public and private roads, driveways, walkw ays, and parking facilities.  Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space. 3  Proposed grading plan.  Specific landscaping plan for the subject site, specifying the location, species, and installation size of plantings. The landscaping plans shall include a table summarizing all proposed species.  Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.  Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, an d walkways.  Signage plan for the project, including all project identification signs, concepts for public fixtures and signs, and group development signage themes that may or may not vary from City standards or common practices.  Specific written description of the proposed SIP including:  Specific project themes and images.  Specific mix of dwelling unit types and/or land uses.  Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.  Specific treatment of natural features, including parkland.  Specific relationship to nearby properties and public streets.  Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by Plan Commission.  A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant’s opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project.  A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur.  Phasing schedule, if more than one development phase is intended.  Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.  A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant’s Signature (required): _________________________________ Date: _____________________ REZONE/GDP/SIP 3300 MEDALIST DR 5/16/2023 OSHKOSH CORPORATION PO BOX 2566 OSHKOSH, WI 54903 DAHL PROPERTIES LLC PO BOX 2944 OSHKOSH, WI 54903 MARVEL REAL ESTATE CO LLC 3501 MARVEL DR OSHKOSH, WI 54902 3345 MEDALIST DRIVE LLC 3345 MEDALIST DR A OSHKOSH, WI 54902 ARROWHEAD SYSTEMS INC 124 N COLUMBUS ST RANDOLPH, WI 53956 ARDON LLC 3250 MEDALIST DR OSHKOSH, WI 54902 WITTMAN REGIONAL AIRPORT 525 W 20TH AVE OSHKOSH, WI 54902 TOWN OF NEKIMI 3790 PICKETT RD OSHKOSH, WI 54904 GEN2 HOLDINGS LLC 450 W 33RD AVE OSHKOSH, WI 54902 RICHARD FISHER W13654 BALSAM LAKE RD CRIVITZ, WI 54114 MARMAX HOLDINGS LLC W229N2512 DUPLAINVILLE RD WAUKESHA, WI 53186 W 34TH AV MEDALIST DR MARVEL DR W 33RD AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/27/2023 1 in = 220 ft 1 in = 0.04 mi¯3300 MEDALIST DR City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer W 35TH AV W 33RD AV MEDALIST DR MARVEL DR OREGON ST W WAUKAU AV HUGHES ST OshkoshOshkoshCityCityLimitLimit O s h k o s h O s h k o s h City Li m it City Li m it O s h k o s h O s h k o s h CityCity Li m itLimit Oshkosh City Limit Oshkosh City Limit Oshkosh Oshkosh City City Limit Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit HI HI I I I I-PD SR-5 SR-5 SR-5-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/27/2023 1 in = 500 ft 1 in = 0.09 mi¯3300 MEDALIST DR City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer W 34TH AV MEDALIST DR MARVEL DR W 33RD AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/27/2023 1 in = 200 ft 1 in = 0.04 mi¯3300 MEDALIST DR City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer JUNE 13, 2023 23-295 RESOLUTION (APPROVED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR STORAGE AREA LOCATED AT 3400-3454 JACKSON STREET INITIATED BY: SDJ PROPERTIES LLC PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for outdoor storage at 3400-3454 Jackson 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 outdoor storage located at 3400-3454 Jackson 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. JUNE 13, 2023 23-295 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. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a General Development Plan and Specific Implementation Plan for outdoor storage located at 3400-3454 Jackson Street: 1. Base Standard Modification to allow 8’ tall solid fencing in front yard, where code allows a maximum fence height of 4’ and maximum 50% opacity in front yards. 2. Fencing in front yard areas and along south property line (abutting neighboring residence) shall be 8’ tall solid vinyl fencing. 3. All areas on the site utilized for outdoor storage shall be screened from non- industrialized areas per zoning ordinance Section 30-81(B)(1). 4. A maximum of one ground sign is permitted on the site. 5. Final landscaping plan shall be reviewed and approved by the Department of Community Development. JUNE 13, 2023 23-295 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. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a General Development Plan and Specific Implementation Plan for outdoor storage located at 3400-3454 Jackson Street: 1. Base Standard Modification to allow 8’ tall solid fencing in front yard, where code allows a maximum fence height of 4’ and maximum 50% opacity in front yards. 2. Fencing in front yard areas and along south property line (abutting neighboring residence) shall be 8’ tall solid vinyl fencing. 3. All areas on the site utilized for outdoor storage shall be screened from non- industrialized areas per zoning ordinance Section 30-81(B)(1). 4. A maximum of one ground sign is permitted on the site. 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: June 8, 2023 RE: Approve General Development Plan and Specific Implementation Plan for Outdoor Storage Area Located at 3400-3545 Jackson Street BACKGROUND The petitioner requests General Development Plan and Specific Implementation Plan approval for outdoor storage at 3400-3454 Jackson Street. The subject area included in the zone change request from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD), consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. ANALYSIS The applicant is proposing to combine the subject parcels into one lot and expand gravel areas on the site for a total of approximately 43,000 sq. ft. of outdoor storage. The residential property (3400 Jackson Street) has been annexed into the City from the Town of Oshkosh and will be combined with the two existing properties owned by the applicant through a CSM. According to the applicant, the gravel areas will be utilized for storage of equipment and materials associated with Soper Companies construction service. Outdoor storage is a conditional use in the HI district. Staff is supportive of the proposed land use as it is compatible with surrounding industrial land uses to the north/east and commercial uses to the west. Staff is recommending the bufferyard requirements be met along the south property line to mitigate impacts on the neighboring property to the south. The outdoor storage areas will be screened from Jackson Street and the neighboring properties to the south with 8’ tall vinyl and interwoven slatted chain link fencing, per outdoor storage screening requirements. Outdoor storage will only be permitted in the approved and screened areas. All other current outdoor storage areas will need to be removed. Screening is not required along neighboring existing industrial properties to the east. The applicant is requesting a BSM for the storage area to be located closer to the street than the principal City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us structure, where code requires outdoor storage areas and the required 8’ tall solid screening to be located outside of the required or provided front yard. To offset this BSM request, the applicant is providing higher quality fencing (vinyl) and more landscaping than required by code on the street side of the fence. Staff is supportive the BSM request as the enhanced fencing and landscaping will serve to buffer the storage area from the public right-of-way. Staff is recommending a condition that 8’ tall solid vinyl fencing be utilized for all areas located closer to the street than the principal building and adjacent to the residential property to the south to provide a more attractive buffer than interwoven chain-link fencing. Currently the site has two pylon signs along Jackson Street. As the lots are being combined into one lot through a CSM, one of the two signs will need to be removed to comply with the signage ordinance allowance of 1 ground sign per street frontage. The applicant has noted that they plan to remove the northern pylon sign. Street frontage, yard, and buffer yard landscaping points are required for the proposed storage area additions. The application is proposing to add approximately 2,815 landscaping point to the site as part of the development. 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 $115,000 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 Mark A. Rohloff Planning Services Manager City Manager ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR STORAGE AREA LOCATED AT 3400-3454 JACKSON STREET Plan Commission meeting of May 16, 2023. GENERAL INFORMATION Owner/Applicant: SDJ Properties LLC Action(s) Requested: The petitioner requests General Development plan and Specific Implementation Plan approval for outdoor storage at 3400-3454 Jackson 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 area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. Subject Site Existing Land Use Zoning Commercial & Residential Pending HI-PD zone change Adjacent Land Use and Zoning Existing Uses Zoning North Industrial HI South Residential Town of Oshkosh East Commercial & Vacant SMU West Industrial HI Recognized Neighborhood Organizations N/A Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use ITEM VI B – GDP SIP – 3400-3454 Jackson St. 2 2040 Land Use Recommendation Industrial ANALYSIS Use The applicant is proposing to combine the subject parcels into one lot and expand gravel areas on the site for a total of approximately 43,000 sq. ft. of outdoor storage. The residential property (3400 Jackson St.) has been annexed into the City from the Town of Oshkosh and will be combined with the two existing properties owned by the applicant through a CSM. According to the applicant, the gravel areas will be utilized for storage of equipment and materials associated with Soper Companies construction service. Outdoor storage is a conditional use in the HI district. Staff is supportive of the proposed land use as it is compatible with surrounding industrial land uses to the north/east and commercial uses to the west. Staff is recommending the bufferyard requirements be met along the south property line to mitigate impacts on the neighboring property to the south. Site Design Site Plan ITEM VI B – GDP SIP – 3400-3454 Jackson St. 3 The applicant has requested an access control variance to retain the three existing driveways on site to accommodate vehicle circulation. However, the Department of Public Works has recommended that the site be limited to two driveway accesses. The plan includes new gravel storage areas to the south of the existing site as well as to the rear of the existing building at 3420 Jackson St. The outdoor storage areas will be screened from Jackson St. and the neighboring properties to the south with 8’ tall vinyl and interwoven slatted chain link fencing, per outdoor storage screening requirements. Outdoor storage will only be permitted in the approved and screened areas. All other current outdoor storage areas will need to be removed. Screening is not required along neighboring existing industrial properties to the east. The applicant is requesting a BSM for the storage area to be located closer to the street than the principal structure, where code requires outdoor storage areas and the required 8’ tall solid screening to be located outside of the required or provided front yard. To offset this BSM request, the applicant is providing higher quality fencing (vinyl) and more landscaping than required by code on the street side of the fence. Staff is supportive the BSM request as the enhanced fencing and landscaping will serve to buffer the storage area from the public right-of-way. Staff is recommending a condition that 8’ tall solid vinyl fencing be utilized for all areas located closer to the street than the principal building and adjacent to the residential property to the south to provide a more attractive buffer than interwoven chain-link fencing. Staff is recommending a condition that areas on the site utilized for outdoor storage shall be screened from non-industrialized areas per zoning ordinance Section 30-81(B)(1). Required Provided Front Setback (west) 30 ft. min. 45 ft. Side Setback (north) 20 ft. min. Existing Side Setback (south) 20 ft. min. 17.98 ft. (existing) Rear Setback (east) 25 ft. min. 12.76 ft. (existing) Parking Min. 20 spaces 20 spaces Impervious Surface 70% max. 70% Provided parking for the site meets the code requirement of 1 parking space per 10,000 sq. ft. of gross storage area plus 1 space per each employee on the largest shift (15 on-site employees). The proposed storage area on the south side of the property will meet setback requirements for the HI district. The additional gravel on the east (rear) side of the site will match existing pavement setbacks. The total proposed impervious surface area for the site is at the maximum of 70% for the HI district. ITEM VI B – GDP SIP – 3400-3454 Jackson St. 4 Signage The applicant’s submittal does not include additional signage. Currently the site has two pylon signs along Jackson St. As the lots are being combined into one lot through a CSM, one of the two signs will need to be removed to comply with the signage ordinance allowance of 1 ground sign per street frontage. The applicant has noted that they plan to remove the northern pylon sign. Lighting The applicant has stated that lighting will not be provided for the gravel storage areas and no lighting plan has been provided. Storm Water Management The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Public Works has noted that the proposed fencing that runs through a drainage area to north/west of the proposed pond must provide under-clearance so as to not obstruct flow into the pond. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Street frontage, yard, and buffer yard landscaping points are required for the proposed storage area additions. ITEM VI B – GDP SIP – 3400-3454 Jackson St. 5 Landscape Plan Points Required Points Provided Street Frontage 93 (46.5 medium trees) 99.5 (49.5 medium trees) Yards 430 1,578 Buffer yard (south) 1,137 1,138 Total 1,660 2,815.5 Street Frontage The landscape plan is meeting the point requirement of 30 points per 100 feet of right-of-way frontage for the site expansion to the south. The plan is also meeting the requirement that 50% of the street frontage points be devoted to medium trees. Yards The landscape plan is significantly exceeding the yard requirement of 10 points per 1,000 sq. ft. of floor area for the new storage areas. The applicant is providing approximately 366% of the required yard landscaping. The additional yard landscaping points will serve to offset requested BSMs. ITEM VI B – GDP SIP – 3400-3454 Jackson St. 6 Buffer Yard A 0.8 opacity bufferyard is required along the south property line as the storage use is abutting a residential property. The applicant is providing a combination of 8’ solid fencing, 30’ bufferyard, and 415 landscaping points per 100 feet to meet this requirement. Building Facades No new buildings or changes to the existing buildings on the site are being proposed. 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 Specific Implementation Plan with the findings listed above with the proposed following conditions: 1. Base Standard Modification to allow 8’ tall solid fencing in front yard, where code allows a maximum fence height of 4’ and maximum 50% opacity in front yards. 2. Fencing in front yard areas and along south property line (abutting neighboring residence) shall be 8’ tall solid vinyl fencing. ITEM VI B – GDP SIP – 3400-3454 Jackson St. 7 3. All areas on the site utilized for outdoor storage shall be screened from non-industrialized areas per zoning ordinance Section 30-81(B)(1). 4. A maximum of one ground sign is permitted on the site. 5. Final landscaping plan shall be reviewed and approved by the Department of Community Development. The Plan Commission recommended approval of the general development plan, and specific implementation plan with conditions/as requested on May 16, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests General Development plan and Specific Implementation Plan approval for outdoor storage at 3400-3454 Jackson 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 area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. The applicant is proposing to combine the subject parcels into one lot and expand gravel areas on the site for a total of approximately 43,000 sq. ft. of outdoor storage. The residential property (3400 Jackson St.) has been annexed into the City from the Town of Oshkosh and will be combined with the two existing properties owned by the applicant through a CSM. According to the applicant, the gravel areas will be utilized for storage of equipment and materials associated with Soper Companies construction service. Outdoor storage is a conditional use in the HI district. Staff is supportive of the proposed land use as it is compatible with surrounding industrial land uses to the north/east and commercial uses to the west. Staff is recommending the bufferyard requirements be met along the south property line to mitigate impacts on the neighboring property to the south. The applicant has requested an access control variance to retain the three existing driveways on site to accommodate vehicle circulation. However, the Department of Public Works has recommended that the site be limited to two driveway accesses. The plan includes new gravel storage areas to the south of the existing site as well as to the rear of the existing building at 3420 Jackson St. The outdoor storage areas will be screened from Jackson St. and the neighboring properties to the south with 8’ tall vinyl and interwoven slatted chain link fencing, per outdoor storage screening requirements. Outdoor storage will only be permitted in the approved and ITEM VI B – GDP SIP – 3400-3454 Jackson St. 8 screened areas. All other current outdoor storage areas will need to be removed. Screening is not required along neighboring existing industrial properties to the east. The applicant is requesting a BSM for the storage area to be located closer to the street than the principal structure, where code requires outdoor storage areas and the required 8’ tall solid screening to be located outside of the required or provided front yard. To offset this BSM request, the applicant is providing higher quality fencing (vinyl) and more landscaping than required by code on the street side of the fence. Staff is supportive the BSM request as the enhanced fencing and landscaping will serve to buffer the storage area from the public right-of-way. Staff is recommending a condition that 8’ tall solid vinyl fencing be utilized for all areas located closer to the street than the principal building and adjacent to the residential property to the south to provide a more attractive buffer than interwoven chain-link fencing. 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. Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Planned Development Application For General Development Plan or Specific Implementation Plan **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: _________________________________________________________________________________ Date: ____________ Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Status of Petitioner (Please Check):  Owner  Representative  Tenant  Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): __________________________________________________________________________________ Date: ____________ Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Ownership Status (Please Check):  Individual  Trust  Partnership  Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner’s Signature: ___________________________________________________________________ Date: ____________ TYPE OF REQUEST: General Development Plan (GDP)General Development Plan (GDP) Amendment Specific Implementation Plan (SIP)Specific Implementation Plan (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: __________________________________________________________________________ Proposed Project Type: ________________________________________________________________________________________ Estimated Cost: _______________________________________________________________________________________________ Current Use of Property: ________________________________________________________________Zoning: ________________ Land Uses Surrounding Your Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. Application fees are due at time of submittal. Make check payable to City of Oshkosh. Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236-5059 12/5/2022 12/5/2022 12/5/2022 12/5/2022 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) The following information must be provided in order for the application to be considered complete and able to be scheduled for Plan Commission Review. Please use the checklist below to determine the required information to be submitted at the time of application. If all information below cannot be provided at the time of application, please request a waiver in writing to the Division’s Director or designee. A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy): General location map of the subject site depicting: All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject property. Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control. A graphic scale and north arrow. Generalized site plan showing the pattern or proposed land uses, including: General size, shape, and arrangement of lots and specific use areas. Basic street pattern and pattern of internal drives. General site grading plan showing preliminary road grades. Basic storm drainage pattern, including proposed on-site stormwater detention. General location of recreational and open space areas, including designation of any such areas to be classified as common open space. Statistical data, including: Minimum lot sizes in the development. Approximate areas of all lots. Density/intensity of various parts of the development. Building coverage. Landscaping surface area ratio of all land uses. Expected staging. Conceptual landscaping plan. General signage plan. General outline of property owners association, covenants, easements, and deed restrictions. A written description of the proposed Planned Development, including: General project themes and images. The general mix of dwelling unit types and/or land uses. Approximate residential densities and nonresidential intensities. General treatment of natural features. General relationship to nearby properties and public streets. General relationship of the project to the Comprehensive Plan or other area plans. Proposed exceptions from the requirements of the Zoning Ordinance. Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee. A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy): An existing conditions map of the subject site depicting the following: All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject site. Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control. Existing utilities and recorded easements. All lot dimensions of the subject site. A graphic scale and a north arrow. An SIP map of the proposed site showing at least the following: Lot layout and the arrangements of buildings. Public and private roads, driveways, walkways, and parking facilities. Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space. 3 Proposed grading plan. Specific landscaping plan for the subject site, specifying the location, species, and installation size of plantings. The landscaping plans shall include a table summarizing all proposed species. Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings. Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, an d walkways. Signage plan for the project, including all project identification signs, concepts for public fixtures and signs, and group development signage themes that may or may not vary from City standards or common practices. Specific written description of the proposed SIP including: Specific project themes and images. Specific mix of dwelling unit types and/or land uses. Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity. Specific treatment of natural features, including parkland. Specific relationship to nearby properties and public streets. Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by Plan Commission. A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant’s opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project. A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur. Phasing schedule, if more than one development phase is intended. Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities. A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant’s Signature (required): _________________________________ Date: _____________________ 12/5/2022 March 31, 2023 GDP-SIP Project Narrative Project: Soper Companies - Laydown Area-Security Project 3400-3454 Jackson St Oshkosh, WI 54901 SDJ Properties LLC is requesting General Development Plan (GDP) and Specific Implementation Plan (SIP) review and approval for a redevelopment project on the existing Soper Companies site located at 3400-3454 Jackson Street. The property consists of parcels 1519603902, 1519603901, and 1519603800 in the City of Oshkosh. A Certified Survey Map to combine the parcels has been submitted. The project site is bound by residential property to the south and industrial properties to the east and north. The existing site currently contains six (6) buildings and associated internal driveways. The south side of the site contains a residential house that will be demolished. The proposed project will include a proposed material laydown area, installation of security fence around the site, and construction of stormwater management facilities for the site. Section 30-81 (B) (7) of the City’s code requires one (1) parking space for every 10,000 square feet of gross storage area, plus one (1) space for each employee on the largest shift. Soper Companies has 15 employees working in the office and around the site. The site also contains 43,000 square feet of storage area. The site will therefore be required to have 20 stalls. There are 15 parking spaces west of the main office building, located toward the southwest corner of the existing Soper Companies lot. If this parking lot is full, three (3) additional stalls are available south of the main office, parallel with the building. In addition to those spaces, there are more available west of the building directly north of the office (see Civil Plan Sheet C1.1 for location of all above noted parking stalls). GDP/SIP Narrative Requirements: • Specific themes and images o Stormwater pond, construction material laydown area, and proposed screening fence. • Specific mix of land uses o The land use is and will remain office and storage buildings (storage of equipment and materials) and outside material storage area associated with Soper Companies, a construction services company. • Specific nonresidential intensities o No new buildings are proposed with the project, however, there are existing buildings on site. The proposed overall site will include 70% impervious surface (buildings, pavement, and gravel areas) and 30% landscape/open space. • Specific treatment of natural features o A wetland delineation report identified a wetland on the east side of the southern portion of the site. This wetland area will be avoided with the proposed development. • Specific relationship to nearby properties and public streets o The existing development is compatible with the surrounding zoning and the future land use as identified in the City’s Comprehensive Plan. The property will be improved with the proposed stormwater management pond. The proposed fence will be eight feet (8’) in height and constructed of vinyl planks across the front of the site and galvanized chain link with white privacy slats along the side and rear to provide site security. No new traffic impacts are anticipated. The existing southern driveway will be widened to allow semi-trucks to enter and leave the site without driving over the curb or through the terrace. • 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. o The overall development site totals 340,009 square feet (7.81 acres). The proposed overall development will include 237,993 square feet (5.46 acres) of impervious coverage (70%) and 102,016 square feet (2.34 acres) of open space (30%). • General relationship of the project to the Comprehensive Plan or other areas o The City Comprehensive Plan Update Year 2040 Future Land Use shows this parcel/area as Industrial. The proposed development is compatible with this use category. • Phasing Schedule o No project phasing is proposed. The current project schedule calls for construction to commence in the beginning of June 2023 with completion by September 2023. • 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 That part of the subject development site located in the City is currently zoned Heavy Industrial; the property that is the subject of the annexation request will be zoned Heavy Industrial upon annexation. PD zoning is requested to allow the development to proceed with the following requested exceptions from the Zoning ordinance. • Proposed Base Standard Modifications from the requirements of the City’s Municipal Codes: o Section 30-192 (F) (1) (c) – Fencing Standards ▪ Prohibits fencing greater than four feet (4’) in height in the front or street yards and further prohibits that fencing from encroaching toward the street beyond the front of a building; by default, this code section prohibits outdoor storage in front or street yards and prohibits those types of fencing from encroaching toward the street beyond the front of a building. • The proposed outdoor storage area will encroach toward the street beyond the front of the building but will not encroach on the front building setback as noted on sheet C1.1. Eight foot (8’) tall vinyl fencing in combination with enhanced landscaping will shield this proposed outdoor storage area as viewed from the public right-of-way. o Section 30-192 (F) (1) (c) – Fence Height and Location ▪ Prohibits fencing greater than four feet (4’) in height located within the required or provided front yard and allows a maximum eight foot (8’) tall fence within the side or rear yard, but not in the required front yard or beyond the front façade of the principal building. • The proposed security fencing in the front yard will be eight foot (8’) tall vinyl fencing with a gate comprised of galvanized chain- link. The proposed fence will encroach toward the street beyond the front of the building but will not be within the required 30-foot front building setback as illustrated on plan sheet C1.1. Eight foot (8’) tall chain-link fencing with privacy slats will be provided in the side and rear yards (see also plan sheet C1.1). o Section 25-104.1 (E) – Driveway Conditions and Criteria ▪ Allows for a maximum of two (2) driveway approaches per property. • The subject site was previously comprised of three (3) parcels of land; a Certified Survey Map (CSM) has been completed and provided for review/approval to combine all parcels into one (1) lot. There are currenlty four (4) driveways; one (1) will be closed. The Soper Companies is an excavating and utility construction company utilizing large equipment. To provide safe vehicle circulation, this application requests approval to maintain three (3) driveways in lieu of the maximum of two (2) allowed by code. o Section 25-104.1 (I) – Driveway Conditions and Criteria ▪ Limits the maximum curb cut for a Class II driveway to 40 feet. • The Soper Companies is an excavating and utility construction company utilizing large equipment and trucks with trailers. In addition, materials may on occasion be delivered via large trucks with trailers to this location rather than directly to the job site. To provide safe ingress and egress to the site via larger vehicles and/or truck-trailer combinations, a wider driveway requiring a wider curb cut is necessary. To accomplish this, the width of the southern-most driveway as measured at the curb is proposed to be just over 49 feet (49.15 feet) is proposed. To offset the requested base standard modifications additional landscaping has been proposed. An additional 1,225.5 landscape points have been proposed for the project to help screen the storage area and the fence in front of the building. © 20 2 2 EX C E L E N G I N E E R I N G , I N C . SH E E T N U M B E R PR O J E C T I N F O R M A T I O N PR O F E S S I O N A L S E A L JO B N U M B E R 22 7 1 1 2 0 PROPOSED LAYDOWN AREA FOR: SOPER COMPANIES JACKSON ST ● OSHKOSH, WI SH E E T D A T E S SH E E T I S S U E RE V I S I O N S C1 . 1 CI V I L S I T E P L A N AP R . 3 , 2 0 2 3 REZONE/GDP/SIP 3400 JACKSON ST PC: 5-16-2023 OA&E PROPERTIES LLC 911 STARBOARD CT OSHKOSH, WI 54901 BERGSTROM FORD OF OSHKOSH INC 1 NEENAH CENTER STE 700 NEENAH, WI 54956 JACKSON LOGAN LLC 300 N MAIN ST STE 300 OSHKOSH, WI 54901 NORMAN C/JUDITH A KNIEF 3147 WATERFORD CT NEW BERLIN, WI 53151 CROWN CORK & SEAL CO USA INC 770 TOWNSHIP LINE RD STE 100 YARDLEY, PA 19067 WISCONSIN METALS & PLASTICS REAL EST LLC 3515 N MAIN ST OSHKOSH, WI 54901 BT-OH LLC 55 GLENLAKE PKWY ATLANTA, GA 30328 ARIANNA L KAESLER/TREVOR W JACOBS 3370 JACKSON ST OSHKOSH, WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 SDJ PROPERTIES LLC 139 E PACKER AVE OSHKOSH, WI 54901 L O G A N D R L O G A N D R JACKSON ST O sh k o s h C i t y Li mi tOshkosh C i t y Li mi t C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/13/2023 1 in = 220 ft 1 in = 0.04 mi¯3400 JACKSON 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 CH RI ST IAN DR EICHSTADT RD ANDERSON ST OLS ON A V GOLDEN IRIS DR FARMINGTON AV WEST ERN CT H A R V E S T D R PARKVIEW CT L O G A NDR L O G A N D R SUMMERSET WAY ZION ST W S N EL L R D JACKSON ST N M AIN ST E S N E LL R D E F E R N A U A VW F E R N A U A V Osh kosh Osh kosh City Limit City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t Oshkosh City Limit Oshkosh City Limit BP BP-PD DR-6 DR-6 HI I I I MR-12 MR-12 MR-20-PD SMU SMU SMU-PD SR-3 SR-3 SR-5 SR-5 SR-9 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/13/2023 1 in = 500 ft 1 in = 0.09 mi¯3400 JACKSON 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 L O G A N D R JACKSON ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/13/2023 1 in = 200 ft 1 in = 0.04 mi¯3400 JACKSON 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 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 RESOLUTION (CARRIED________LOST________LAID OVER________WITHDRAWN________) JUNE 13, 2023 23-296 PURPOSE: APPROVE ANNUAL CITY LICENSES (RENEWALS) 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 222 JACKSON ST.DEVI ADHIKARI W6523 AUSTIN DR., APPLETON, WI 54915 JACKSON ST. SHELL 2115 Jackson St JAMES DUGGAN 3180 SAWYER CREEK DR, OSHKOSH, WI 54904 Kwik Trip #742 215 W 20th Ave JEFFREY BORK 307 W. CEDAR STREET, HOTONVILLE, WI 54944 Kwik Trip #741 2400 S Washburn St MICHAEL BYES 2775 OAKWOOD CIRCLE, OSHKOSH, WI 54902 Kwik Trip #457 2500 Witzel Ave JACOB WENINGER 957 MILL POND LANE, WI, Neenah 54956 Kwik Trip #882 1725 W 9th Ave NATHAN HAUPT 1183 CARRIAGE CIRCLE, FOND DU LAC, WI 54935 Kwik Trip #881 1090 N Washburn Street RACHAEL WOLF 45 HIGHLAND AVENUE, RIPON, WI 54971 Kwik Trip #862 Class B Beer & Liquor Renewal 2 N MAIN STREET DAVID HELGESON 8532 OLDE MARKET DR., LARSEN, WI 54947 Convention Center 404 N Main Street JIM ROBL 1517 PIERCE AVE, WI, Oshkosh 54902 Vault @ 404, The 405 Washington Avenue CAREY SHARPE 5736 I AH MAY TAH RD, OSHKOSH, WI 54901 Howard, The 1823 Grove St NORMAN SALOMON 3168 OMRO ROAD, OSHKOSH, WI 54904 Shore View Lanes 519 N. MAIN STREET TRACY MOORE 5175 I AH MAYTON, OSHKOSH, WI 54901 FAIRWAYS ON MAIN 2090 W 9th Avenue Kevin Erickson 1322 Grove Street, WI, Oshkosh 54901 Corner Bar & Grill on The Strip 2211 Oregon St. Unit 2 JEFFREY EHRIKE 934 WYLDE OAK DRIVE, OSHKOSH, WI 54904 Pickle and Bags 539 High Ave SCOTT SOPER 4515 SAND PIT ROAD, WI, Oshkosh 54901 The Underground Saloon 216 N Main St ANTHONY MIREK 943 HONEY CREEK RD., WI, Oshkosh 54904 Water City Pub Class B Beer Renewal 1429 S. MAIN ST.KENNETH HYLER W684 BUTTERCUP CT., BERLIN, WI 54923 CHARLEY BIGGS 1415 Rainbow Drive Chris Barter 6034 Church Road, WI, Omro 54963Fox River Bait & Tackle 505 Knapp Street SCOTT FOOTIT 1100 ARMORY PLACE, WI, Oshkosh 54902 Sacred Heart Dartball I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\AECOM 2023 Leak Detect Serv\AECOM CC Memo-2023 Leak Detect Serv Agreement_6-8-23.docx DATE: June 8, 2023 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager RE: Professional Services Agreement with AECOM for 2023 Water Distribution System Leak Detection Services ($33,690) Unidentified water loss within the water distribution system continues to be a topic of concern for the Wisconsin Department of Natural Resources (WDNR) and the Public Service Commission of Wisconsin (PSC). One of the most successful and cost effective recommendations that the Water Utility has received from the WDNR and PSC is to hire a specialized outside consultant team to perform an annual leak detection survey on our water distribution system. The purpose of the annual survey is to identify specific points of leakage that would otherwise go undetected throughout the year. Past surveys have yielded an average of 25 – 50 different leak locations. If these locations are not detected, they have the potential of wasting 150,000 – 400,000 gallons of water per day in unidentified water loss. As leaks are identified by the team, they are immediately communicated to Water Distribution staff for repair. The Department of Public Works has been working with AECOM on this leak detection survey program for the past fifteen (15) plus years. The program divides the City into three (3) zones, each covering approximately one-third (1/3) of the distribution system. Each zone consists of approximately one hundred (100) miles of water main. The Department of Public Works requested a proposal from AECOM to perform the leak detection survey again this year due to their staff familiarity with the City of Oshkosh and our water distribution system and their past proficient experience with performing these services. This year’s work is estimated to cost approximately $33,690. The cost for these services is funded in the Water Utility Operating Budget (Account #05411867-6401-08673/Water Distribution Maintenance-PS - Engineer/Survey/Appraisal-Maint-Mains and #05411867-6401-08675/Water Distribution Maintenance- PS - Engineer/Survey/Appraisal-Maint-Services). Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement. Please contact me if you have any questions concerning this professional services agreement. I:\Wastewater\23-23 WWTP Lift Syst Impr\Project_Information\Correspondence\Memo\23-23 Donohue Memo-Des & Bid Serv Agreement-WWTP Lift Syst Impr Memo_6-8-23.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: June 8, 2023 RE: Professional Services Agreement with Donohue & Associates, Inc. (Donohue) for Wastewater Treatment Plant (WWTP) Lifting Systems Improvements ($27,915) Donohue submitted a Technical Memorandum to the Department of Public Works in August 2021 documenting their assessment of the existing systems used to lift equipment in various locations in the WWTP. The report documented the existing conditions, including the lack of weight capacity of the existing monorail system and failed mount for a portable lift. Donohue’s services will include preparing options and recommendations for new lift equipment for the Wastewater Plant staff to review, bidding documents selected alternatives, and supporting the City during public bidding. Staff have reviewed the proposal, and find that the costs associated with this Project are commensurate with the amount of work to be performed. The cost of this agreement is $27,915. Funding for this Project is available in the Capital Improvements Program (Account No. 03221910-7204-65154/Sewer Capital Fund-Machinery & Equipment-WW - Davit Crane). Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement. Approved: Mark A. Rohloff City Manager SMG/tlt City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: May 24, 2023 RE: Cooperative Purchase of Brush Chipper from Vermeer Wisconsin for Forestry Division ($70,000.00) BACKGROUND The Common Council allocated $70,000.00 in the 2022 CIP for a new brush chipper for the Forestry Division of the Parks Department. The chipper is used to chip trees and branches to produce wood chips that are used in a variety of Parks Department landscaping projects. This memo is to report the purchase of this unit pursuant to the cooperative purchase exception of our purchasing ordinance. ANALYSIS Purchasing has verified that Vermeer holds a Sourcewell cooperative contract (#031721-VRM) for tree maintenance equipment. Vermeer Wisconsin is the local participating dealer for Vermeer. Using this cooperative contract the city will save $12,102.66 (12.5%) off list price for this unit. FISCAL IMPACT The 2022 CIP allocated $70,000.00 for this unit. With trade in the total fiscal impact of this unit using the cooperative contract discount is $70,000.00. This purchase will be charged to A/N# 03230620 7204 66023 (Machinery and Equipment- Chipper). RECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12- 15 of the Municipal Code, I am hereby submitting a report of this purchase to the Common Council. If you have any questions on this purchase please contact myself or General Services Manager Jon Urben. Respectfully Submitted, Mark A. Rohloff, City Manager 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 A. Rohloff, City Manager DATE: June 7, 2023 RE: Professional Services Agreement with Everson & Gibbs, LLC for 1911 West Snell Road Cleanup ($50,000) BACKGROUND The City has for many years been working with the owner of Loren’s 41 Truck Plaza, LLC, 1911 West Snell Road (hereinafter “Loren’s”), to address code violations and nuisance conditions on the property. In 2019 as part of a settlement the City of Oshkosh approved a Conditional Use Permit and Planned Development for the Property. Loren’s did not follow through with the conditions of the settlement and on January 24, 2020, the City filed a lawsuit alleging that Loren’s failed to comply with the city’s zoning code and specifically failed to comply with the terms of the May 2019 SIP Amendment. On October 1, 2020 the circuit court issued an order requiring Loren’s to come into compliance with the zoning code and SIP requirements within 30 days. On November 10, 2020 Loren’s appealed this order to the Wisconsin court of appeals. On August 17, 2022 the court of appeals issued a decision affirming the circuit court’s decision. After the court of appeals decision, Loren’s attorney reached out to city staff indicating that Loren’s was working with a potential commercial lessor, which as a condition of occupancy, was requiring that Loren’s clean up the site. Staff was hopeful that with the new tenant the property would be brought into compliance. Unfortunately, the site was not cleaned up, staff recently became aware that the deal with the new tenants fell through. The property remains out of compliance. ANALYSIS The complicated nature of this particular business will require a variety of services to be coordinated and performed in order to bring the property into compliance with the zoning code requirements. To that end, the City of Oshkosh has retained the services of Everson & Gibbs, LLC to be the general manager for the cleanup of the property at 1911 West Snell Road. Attorney Everson has experience with managing this type of project and is willing to take on this project. The agreement with Attorney Everson includes environmental services, City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us auction/appraisal/cataloging, site cleanup/disposal and overall project management. Enforcement action is being coordinated with the City Attorney’s office. FISCAL IMPACT Attorney Everson has estimated that the management of the cleanup will cost an amount up to approximately $50,000, although the cost will be based on actual costs for time and materials spent. Respectfully Submitted, Mark A. Rohloff City Manager City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options 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 Addressed community at Juneteenth Celebration and engaged with Community Leaders.7/11/2023 1/10/2023 City Manager Engage other governmental and non-profit entities in the region to reduce and prevent homelessness Met with new County Housing advocate on County-wide approach; meeting to be convened shortly. 7/11/2023 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). League lobbying efforts have been successful. State legislation to increase shared revenue expected to be approved and signed into law by June 30. 7/1/2023 8/24/2021 Community Development Convention and Visitors Bureau (CVB) Tourism Assessment City staff is working with the CVB and other community partners on a Downtown Area study.6/30/2023 Downtown study underway. 5/10/2022 City Manager 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 approved recommendations, implementation is underway.6/13/2023 1/10/2023 DPW/Legal Sanitary District Negotiations Staff has responded to counter proposal and is scheduling follow up meeting with Districts representatives. 6/13/2023 6/13/2023 Council Meeting