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Home My WebLink About08.08.23 FULL AGENDA OSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN August 8, 2023 *REVISED A. CALL TO ORDER: 6:00 PM Voting First: Deputy Mayor Erickson B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE E. *PRESENTATIONS Joe Ferlo, The Grand, and a Special Guest City of Oshkosh Social Media Overview – Andy Radig, Communications Coordinator F. PROCLAMATION ISSUED Civility Month G. INTRODUCTION OF STAFF Dan Braun, Seniors Center Manager H. 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.) I. CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1. Report of Bills by the Finance Director 2. Receipt & Filing of Meeting Minutes - Common Council Meeting 07.25.23 3. Receipt & Filing of Meeting Minutes – Common Council Closed Session 07.25.23 OSHKOSH COMMON COUNCIL – August 8, 2023 CONSENT AGENDA ITEMS continued 4. Receipt & Filing of Claims Filed with the City’s Insurance Company A. Sheila A. Cauley B. Jeff Ellman 5. Res 23-403 Disallowance of Claim - Muenchrath 6. Res 23-404 Accept Water Main Easement 420 South Koeller Street (Plan Commission Recommends Approval) 7. Res 23-405 Award Bid to Bulley & Andrews Concrete Restoration LLC for 2023 Repairs for the Convention Center/Best Western Premier Waterfront Hotel Parking Ramp for General Services Division ($36,422.00) 8. Res 23-406 Rescind Balance of Purchase to Jefferson Fire and Safety Inc., Amend 2023 CIP and Approve Purchase of Three Ambulances from Emergency Vehicles Plus for Fire Department ($1,045,341.00) 9. Res 23-407 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, 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 23-16 A. Clairville Road (State Road 91 to West 20th Avenue) 10. Res 23-408 Approve 2023/2024 Assessment Revaluation Contract with Tyler Technologies ($164,200.00) 11. Res 23-409 Approve Agent Change – Festival Foods 12. Res 23-410 Approve Agent Change – Applebee’s 13. Res 23-411 Approve “Special Class B” Licenses 14. Res 23-412 Approve Appointments to Various Boards and Committees J. ITEMS REMOVED FROM CONSENT AGENDA K. PENDING ORDINANCES 15. Ord 23-413 Amend Parking Regulations on 9th Avenue East of South Main Street 16. Ord 23-414 Change Yield Right-of-Way Intersections in Accordance with Traffic Flow being Reversed on Kentucky and Central Streets L. NEW ORDINANCES (NOTE: Items designated with an asterisk * below will not be voted on) 17. *Ord 23-415 Approve Zone Change from Urban Mixed Use District (UMU) to Urban Mixed Use District with Planned Development Overlay (UMU-PD) for Property Located at 1514 Oregon Street (Plan Commission Recommends Approval) 18. *Ord 23-416 Approve Zone Change from Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU-PD) for Property Located at 1000 Bauman (Plan Commission Recommends Approval) OSHKOSH COMMON COUNCIL – August 8, 2023 M. PENDING RESOLUTIONS (NONE) N. NEW RESOLUTIONS (NONE) O. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 19. Future Agenda Items: A. August 22nd: Closed Session – Collective Bargaining Strategy (after Council meeting) 20. Future Workshops: A. August 29th: Budget Workshop #2 – 2024 Early Projections and Direction on Priorities from Council (5:00 PM) P. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 21. Report of Council Liaison for Boards & Commissions Q. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 22. Outstanding Issues R. 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. SOCIAL MEDIA OVERVIEW August, 2023 CITY OF OSHKOSH FACEBOOK PAGES City of Oshkosh Government City of Oshkosh Alumni Network City of Oshkosh Dept. of Public Works GO Transit Leach Amphitheater Menominee Park and Zoo OPD Law Enforcement Mental Health 5K Oshkosh Community Development Dept. Oshkosh Diversity, Equity and Inclusion Oshkosh Fire Department Oshkosh Fire Dept. Food & Toy Drive Oshkosh Healthy Neighborhoods Oshkosh Human Resources Oshkosh Landmarks Commission Oshkosh Media Oshkosh Parks Department Oshkosh Police Department Oshkosh Public Library Oshkosh Public Museum Oshkosh Seniors Center Oshkosh Sustainability Advisory Board Pollock Community Waterpark Riverside Cemetery Oshkosh South Park CITY OF OSHKOSH INSTAGRAM PAGES •GO Transit •K9 Odin -OPD •Leach Amphitheater •Menominee Park and Zoo •Oshkosh Fire Department •Oshkosh Parks Department •Oshkosh Police Department •Oshkosh Public Library •Oshkosh Public Museum •Pollock Community Waterpark CITY OF OSHKOSH X ACCOUNTS •City of Oshkosh •GO Transit •Oshkosh Fire Department •Oshkosh Human Resources •Oshkosh Police Department CITY OF OSHKOSH LINKEDIN PAGES •City of Oshkosh •Oshkosh Police Department •Oshkosh Public Museum CITY OF OSHKOSH YOUTUBE CHANNELS •Oshkosh Media •Oshkosh Public Library •Oshkosh Public Museum CITY OF OSHKOSH NEXTDOOR PAGES •Oshkosh Fire Department •Oshkosh Police Department FACEBOOK IS WIDELY USED BY THE PUBLIC SECTOR *Source: The State of Social Media in the Public Sector 2022 by Archive Social EXAMPLE OF CONTENT: CITY OF OSHKOSH GOV. PAGE Bowen Street construction update with a message for drivers to slow down in the work zone EXAMPLE OF CONTENT: PARKS DEPARTMENT PAGE Announcement of availability of season passes for the Pollock Community Water Park EXAMPLE OF CONTENT: FIRE DEPARTMENT PAGE Safety tip to avoid shooting off fireworks due to the extremely dry conditions (This post reached 106,475 people) SOCIAL MEDIA MANAGEMENT Departments that manage social media content: •Community Development •Fire Department •GO Transit •Human Resources •Oshkosh Media •Parks Department •Police Department •Public Library •Public Museum •Public Works SOCIAL MEDIA COLLABORATION GROUP Social media managers from across departments meet regularly. Some topics that have been covered: •Tools & resources for social media management •Information sharing & tips •Ideas & trends from other public sector content creators •Legal considerations •Best practices •City’s Social Media Guidelines review ANALYTICS We track: •Number of followers •Post reach (The number of people who saw any of our posts at least once) •Top posts (Posts with the highest reach to gauge interest and to get feedback on content) •Engagement (Interaction with posts) •Best time to post (To maximize post reach) FUTURE PLANS •Launch podcasts of city-produced programming •Developing a social media content calendar •Grow current platforms & evaluate new ones •Launch a regular City Manager short-form video post SOCIAL MEDIA OVERVIEW Questions??? CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 7848 07/28/2023 AIRGAS USA LLC 3,217.99 7849 07/28/2023 AREA WATERPROOFING & CONCRETE 28,875.00 7850 07/28/2023 AURORA HEALTH CARE 218.00 7851 07/28/2023 BEZIO ANIMAL CONTROL 500.00 7852 07/28/2023 BROOKS TRACTOR INC 1,548.14 7853 07/28/2023 CAREW CONCRETE & SUPPLY CO INC 3,050.28 7854 07/28/2023 CENTRAL TEMP EQUIPMENT SERVICE 359.52 7855 07/28/2023 CINTAS CORPORATION NO 2 475.66 7856 07/28/2023 CONSTELLATION ENERGY SERVICES 642.62 7857 07/28/2023 CORE AND MAIN LP 38,269.00 7858 07/28/2023 DALE MARTIN 345.00 7859 07/28/2023 ENVISIONINK PRINTING SOLUTIONS INC 382.00 7860 07/28/2023 FIRE APPARATUS & EQUIPMENT INC 226.00 7861 07/28/2023 GARROW OIL CORP 26,011.47 7862 07/28/2023 GARROW PROPANE 5,454.95 7863 07/28/2023 GFL ENVIRONMENTAL 161.70 7864 07/28/2023 HOLIDAY WHOLESALE 2,860.90 7865 07/28/2023 HUNTER SECURITY AND SURVEILLANCE 1,198.66 7866 07/28/2023 KEMIRA WATER SOLUTIONS INC 10,680.80 7867 07/28/2023 LEE BEVERAGE 2,449.69 7868 07/28/2023 LEVENHAGEN OIL CORPORATION 20,610.98 7869 07/28/2023 MICHELS ROAD AND STONE, INC 1,193.79 7870 07/28/2023 NEENAH FOUNDRY COMPANY MUNICIPAL 88,530.00 7871 07/28/2023 NORTHEAST ASPHALT INC 7,104.77 7872 07/28/2023 OSHKOSH CITY CAB CO INC 189.00 7873 07/28/2023 OSHKOSH CONVENTION AND 102,764.71 7874 07/28/2023 OTIS ELEVATOR COMPANY 75.32 7875 07/28/2023 PSYCHOLOGIE CLINIQUE SC 575.00 7876 07/28/2023 P T S CONTRACTORS INC 662,171.72 7877 07/28/2023 QUALITY TRUCK CARE CENTER INC 3,709.04 7878 07/28/2023 SHI INTERNATIONAL CORP 619.19 7879 07/28/2023 TAPCO INC 8,738.82 7880 07/28/2023 UTILITY SALES AND SERVICE 1,720.00 7881 07/28/2023 WASTE MANAGEMENT OF WI-MN 260,311.74 7882 07/28/2023 WI PUBLIC SERVICE CORP 12,592.62 7883 07/28/2023 AUGUST WINTER & SONS INC 105,877.50 7884 07/28/2023 WISCOLIFT INC 1,555.00 7885 07/28/2023 ZARNOTH BRUSH WORKS INC 1,674.00 503972 07/24/2023 BAY TITLE & ABSTRACT 9,500.00 503997 07/28/2023 AAS RENTALS LLC 14.74 503998 07/28/2023 ACCU COM INC 150.00 503999 07/28/2023 ADVANCE CONSTRUCTION INC 381,955.10 504000 07/28/2023 JEFFREY R BARTELS 49.69 504001 07/28/2023 BAY TITLE & ABSTRACT 25.00 504002 07/28/2023 BERGSTROM AUBURN HILLS OF OSHKOSH INC 572.08 504003 07/28/2023 BOUND TREE MEDICAL LLC 1,145.88 504004 07/28/2023 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 1,357,554.90 504005 07/28/2023 CARDINAL CONSTRUCTION CO INC 19,588.60 504006 07/28/2023 CHIPPEWA VALLEY TECHNICAL COLLEGE 1,000.00 504007 07/28/2023 COMMON SCHOOL FUND 9,924.00 504008 07/28/2023 CONSERVICE SYNERGY 68.11 504009 07/28/2023 COYOTE OF WISCONSIN LLC 57.95 504010 07/28/2023 D AND K RENTALS 120.00 504011 07/28/2023 DONOHUE & ASSOCIATES INC 11,171.66 504012 07/28/2023 EHLERS 1,000.00 504013 07/28/2023 ENVIRONMENTAL HAZARDS SERV LLC 21.60 504014 07/28/2023 GALLS LLC 168.40 504015 07/28/2023 HENRY SCHEIN INC 4,553.03 504016 07/28/2023 JACOB J RENNIE 211.00 504017 07/28/2023 JASON ELLIS 18.34 504018 07/28/2023 JOSHUA J CALHOUN 325.00 504019 07/28/2023 KLINK EQUIPMENT 2,000.04 504020 07/28/2023 KNIGHT BARRY TITLE SERVICES LLC 60.56 504021 07/28/2023 SANDRA KRUKOW 78.60 504022 07/28/2023 LAKE WINNEBAGO AREA MEG DRUG UNIT 3,750.00 504023 07/28/2023 DANIEL LEICHTNAM 1,014.30 504024 07/28/2023 MARETH ELLSWORTH 1,305.00 504025 07/28/2023 MARK G SALZER 325.00 504026 07/28/2023 BRITTANY ANN WEBB 1,235.00 504027 07/28/2023 Brett Yunk 40.00 504028 07/28/2023 JOHN MILLER CARROLL 2,626.00 504029 07/28/2023 NORMAN SALOMOM 450.00 504030 07/28/2023 OSHKOSH AREA HUMANE SOCIETY 327.00 504031 07/28/2023 CITY OF OSHKOSH 42.01 504032 07/28/2023 CITY OF OSHKOSH 1,900.00 504033 07/28/2023 OSHKOSH SATURDAY FARMERS MARKET INC 5,000.00 504034 07/28/2023 PARK 'N PRINT INC 1,241.00 504035 07/28/2023 POMP'S TIRE SERVICES INC 2,501.32 504036 07/28/2023 QUENT'S SERVICE CENTER INC 329.90 504037 07/28/2023 RED D MIX CONCRETE INC 2,476.66 504038 07/28/2023 RIESTERER & SCHNELL INC 278.01 504039 07/28/2023 SARAH DANAHY 1,105.00 504040 07/28/2023 KENNETH SCHAUFELBERGER 31.25 504041 07/28/2023 STEEN-MACEK PAPER CO 223.94 504042 07/28/2023 THE HOME DEPOT PRO 38.54 504043 07/28/2023 THOMAS P OTTE 325.00 504044 07/28/2023 TOYS FOR TRUCKS INC 4,901.71 504045 07/28/2023 TRUCK EQUIPMENT INC 20,535.00 504046 07/28/2023 UNITED PARCEL SERVICE 270.38 504047 07/28/2023 WINNEBAGO COUNTY CLERK OF CIRCUIT COURT 380,107.49 504048 07/28/2023 JAMES OR LORI WIRKES 85.82 504049 07/28/2023 WISCONSIN MEDIA 1,530.05 504050 07/28/2023 WRS PROPERTY MANAGEMENT LLC 31.27 3,642,301.51 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 7886 08/04/2023 JOHNSON FITNESS & WELLNESS 418.00 7887 08/04/2023 AECOM INC 1,575.00 7888 08/04/2023 AIRGAS USA LLC 3,186.15 7889 08/04/2023 AURORA HEALTH CARE 1,680.00 7890 08/04/2023 BLUUM OF MINNESOTA LLC 3,195.00 7891 08/04/2023 CHEMTRADE CHEMICALS US LLC 8,046.06 7892 08/04/2023 CINTAS CORPORATION NO 2 518.64 7893 08/04/2023 IMAGE 360 INC 130.00 7894 08/04/2023 CUBIC ITS INC 473.42 7895 08/04/2023 CUBIC ITS INC 1,233.55 7896 08/04/2023 DFI SOLUTIONS IN PRINT INC 5,001.93 7897 08/04/2023 DIGITAL PRINTING INNOVATIONS 250.00 7898 08/04/2023 EVOQUA WATER TECHNOLOGIES LLC 10,334.72 7900 08/04/2023 FIRELINE SPRINKLER CORPORATION 525.00 7901 08/04/2023 FRANK'S RADIO SERVICE INC 861.07 7902 08/04/2023 HAWKINS INC 10,692.89 7903 08/04/2023 HOLIDAY WHOLESALE 3,972.88 7904 08/04/2023 JEFFERSON FIRE & SAFETY 235.78 7905 08/04/2023 KEMIRA WATER SOLUTIONS INC 10,421.41 7906 08/04/2023 LAFORCE INC 2,250.00 7907 08/04/2023 MCMAHON ASSOCIATES INC 2,332.00 7909 08/04/2023 NORTHEAST ASPHALT INC 1,979.64 7910 08/04/2023 NORTHERN LAKE SERVICE INC 2,233.56 7911 08/04/2023 OSHKOSH CONVENTION AND 6,663.19 7912 08/04/2023 PRIMADATA LLC 11,452.78 7913 08/04/2023 QUALITY TRUCK CARE CENTER INC 645.50 7914 08/04/2023 SECURIAN FINANCIAL GROUP INC 44,861.96 7915 08/04/2023 SERVICEMASTER BLDG MAINTENANCE 4,705.00 7916 08/04/2023 SMITHGROUP INC 7,000.00 7917 08/04/2023 SPEEDY CLEAN DRAIN & SEWER 3,700.00 7918 08/04/2023 TYLER TECHNOLOGIES INC 6,487.50 7919 08/04/2023 VIKING ELECTRIC SUPPLY INC 16,458.47 7920 08/04/2023 VINTON CONSTRUCTION INC 283,675.91 7921 08/04/2023 WI PUBLIC SERVICE CORP 3,895.02 7922 08/04/2023 WINNEBAGO COUNTY TREASURER 480.00 7923 08/04/2023 WINNEBAGO COUNTY TREASURER 271.75 504051 08/04/2023 EWALD MOTORS OF OCONOMOWOC LLC 38,841.00 504052 08/04/2023 MILL COATINGS INC 10,000.00 504053 08/04/2023 4 IMPRINT 173.33 504054 08/04/2023 AARDVARK 11,820.00 504055 08/04/2023 ALEXANDER CHEMICAL CORPORATION 39,841.84 504056 08/04/2023 ALL SAFE INDUSTRIES INC 4,018.43 504057 08/04/2023 ANDREW J PRICKETT 108.73 504058 08/04/2023 ASSURANCE TITLE SERVICES INC 47.91 504059 08/04/2023 AT & T 235.00 504060 08/04/2023 AT & T 834.93 504061 08/04/2023 MATTHEW R MARINO 24.39 504062 08/04/2023 BOUND TREE MEDICAL LLC 614.22 504063 08/04/2023 CARYN BEHLMAN 53.71 504064 08/04/2023 CASEY KOELBL 30.79 504065 08/04/2023 CHRIS HAEDT 40.61 504066 08/04/2023 DAVE MONTALBANO 64.92 504067 08/04/2023 DOA-DIV OF ENERGY HOUSING & COMM RES 1,457.65 504068 08/04/2023 DOMINION VOTING SYSTEMS INC 926.00 504069 08/04/2023 EATON CORPORATION 6,016.42 504070 08/04/2023 EHLERS 3,225.00 504071 08/04/2023 EMMA DZIENGELESKI 55.02 504072 08/04/2023 GALLS LLC 195.20 504073 08/04/2023 GOLLNICK PROPERTIES LLC 121.90 504074 08/04/2023 GOVERNMENT FINANCE OFFICERS ASSN 610.00 504075 08/04/2023 GUNDERSON CLEANERS INC 2,313.20 504076 08/04/2023 HABITAT FOR HUMANITY OF OSHKOSH INC 88.79 504077 08/04/2023 HASSEL MILTON OR LINDA 49.69 504078 08/04/2023 HENRY SCHEIN INC 622.63 504079 08/04/2023 ROAD EQUIPMENT PARTS CENTER 318.74 504080 08/04/2023 HOUSEAL LAVIGNE ASSOCIATES LLC 15,286.25 504081 08/04/2023 JEANNE BAIVIER - ATTY AT LAW, IOLTA TRUST ACCOUNT 43.15 504082 08/04/2023 JERRY FABISCH 108.08 504083 08/04/2023 JOHN ZARATE 26.86 504084 08/04/2023 KATRINA MALSON 16.38 504085 08/04/2023 KENNETH L GRESSER 74.67 504086 08/04/2023 KLINK EQUIPMENT 2,190.00 504087 08/04/2023 LALONDE CONTRACTORS 261,412.92 504088 08/04/2023 LAURA SCHOEPKE 34.06 504089 08/04/2023 LIVEVIEW GPS INC 309.70 504090 08/04/2023 MICHAEL MALONE 1,850.00 504091 08/04/2023 MICHAEL T UNDERWOOD 4,100.00 504092 08/04/2023 NICOLE KRAHN 63.54 504093 08/04/2023 OSHKOSH AREA SCHOOL DISTRICT 4,472.27 504094 08/04/2023 OSHKOSH AREA SCHOOL DISTRICT 21.09 504095 08/04/2023 CITY OF OSHKOSH 1,000.00 504096 08/04/2023 INFINITY HOME SERVICES HOLDCO INC 7,200.00 504097 08/04/2023 PARK 'N PRINT INC 292.86 504098 08/04/2023 THE FIREARMS SPECIALISTS LLC 1,799.00 504099 08/04/2023 ROBERT KRAEMER 111.99 504100 08/04/2023 SALZER SIDING INC 17,000.00 504101 08/04/2023 STAR SIX NINE LLC 2,250.00 504102 08/04/2023 STERICYCLE INC 161.12 504103 08/04/2023 STREICHER'S 4,469.40 504104 08/04/2023 THE ICEE COMPANY 1,631.32 504105 08/04/2023 THOMAS KOPCZYK 108.95 504106 08/04/2023 TODD MUEHRER 15.72 504107 08/04/2023 UNITED PARCEL SERVICE 95.50 504108 08/04/2023 US CELLULAR 11.25 504109 08/04/2023 US SIGNAL COMPANY LLC 2.05 504110 08/04/2023 VERIZON WIRELESS 120.07 504111 08/04/2023 VERMEER WISCONSIN INC 70,000.00 504112 08/04/2023 WI DEPT OF NATURAL RESOURCES 130.00 504113 08/04/2023 WI DEPT OF NATURAL RESOURCES 345.00 504114 08/04/2023 WISCONSIN MEDIA 416.59 504115 08/04/2023 WOLVERINE FIREWORKS DISPLAY 20,043.00 504116 08/04/2023 WRS PROPERTY MANAGEMENT LLC 24.39 504117 08/04/2023 ZRL OF APPLETON INC 4,304.90 504118 08/04/2023 ZIPPERER MACAILEY A 100.63 1,006,236.54 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN July 25, 2023 REGULAR MEETING held Tuesday, July 11, 2023 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Mugerauer presided. PRESENT: Council Members Lynnsey Erickson, Michael Ford, Karl Buelow, Paul Esslinger, and Mayor Mugerauer. ABSENT/EXCUSED: Council Members Joe Stephenson and LaKeisha Haase ALSO PRESENT: Mark Rohloff, City Manager; Diane Bartlett, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Public Works Director. PRESENTATION ACFR 2022 Annual Comprehensive Financial Report & Audit Presentation CITIZEN STATEMENTS TO COUNCIL Kevin McGee – 1244 Wisconsin, Oshkosh Terry Schroeder – 1010 Bauman, Oshkosh CONSENT AGENDA ITEMS Report of Bills by the Finance Director Receipt & Filing of Meeting Minutes - Common Council Meeting 07.11.23 Receipt & Filing of Claim filed with the City’s Insurance Company: Homan Muencrath WPS Res 23-370 Disallowance of Claim – Hansen Res 23-371 Disallowance of Claim – Frank Res 23-372 Accept Sidewalk Easement at the Northwesterly Corner of John Avenue and McKinley Street (Plan Commission Recommends Approval) Res 23-373 Approve Conditional Use Permit Request for an Outdoor Display at 3020 Jackson Street (Plan Commission Recommends Approval) Res 23-374 Approve Specific Implementation Plan Amendment for Building Addition at 2351 Ryf Road (Plan Commission Recommends Approval) Res 23-375 Approve the Congress Field Neighborhood Plan (Plan Commission Recommends Approval) Res 23-376 Approve Amendment No. 3 to Professional Services Agreement with Jacobs Engineering Group, Inc. for Water Filtration Plant Clearwells Replacement Final Design ($66,000.00) Res 23-377 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for Water Filtration Plant Ozone and SCADA Systems Replacement Project Final Design ($611,480.00) Res 23-378 Approve Professional Services Agreement with Professional Service Industries, Inc. for Subsurface Exploration and Geotechnical Engineering Evaluation for the 2024 Capital Improvement Program ($80,770.25) Res 23-379 Award Bid for Public Works Contract No. 23-18 to Fahrner Asphalt Sealers, Inc. for Asphalt Pavement Preservation Program ($177,092.00) Res 23-380 Approve Professional Services Agreement with Dixon Engineering, Inc. for Fernau Water Tower Rehabilitation ($100,000.00) Res 23-381 Approve Special Event – Historic 6th Ward Neighborhood Association to Utilize Boat Works Shelter (362 Michigan Street & W 4th Avenue) for a Neighborhood Block Party, August 1, 2023 Res 23-382 Approve Special Event – The Salvation Army of Oshkosh to Utilize City Streets for the Pedal Out Hunger Ride/Walk Event, August 12, 2023 Res 23-383 Approve Special Event – UW Oshkosh to Utilize City Streets for Their Move-In Days, August 30 through September 3, 2023 Res 23-384 Approve Special Event – UW Oshkosh New Student & Family Programs to Utilize Shapiro Park and City Streets for the UW Oshkosh Sample the City Event, September 2, 2023 Res 23-385 Approve Special Event – Brad Dassey to Utilize Opera House Square for the Brad & Brooklyn Music Event, Saturday, September 23, 2023 and October 14, 2023 Res 23-386 Approve Special Event – Lourdes Academy to Utilize City Streets for the Lourdes Homecoming Parade, September 29, 2023 Res 23-387 Approve Special Event – Offshore Wench to Utilize City Streets for the Mercury Racing Poker Run Street Parade, June 20, 2024 Res 23-388 Approve Special “Class B” Licenses Res 23-389 Approve Appointments to Various Boards and Committees MOTION TO ADOPT CONSENT AGENDA: Esslinger, second Erickson CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer READOPTION OF ORDINANCES Ord 23-390 Repeal and Recreate Chapter 4 Article IV Pertaining to Alcohol Beverages – Issuance of Operator’s Licenses MOTION TO APPROVE: Buelow, second Esslinger CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer Ord 23-391 Amend Various Section of Chapter 30 Zoning Ordinance Pertaining to Projecting Signs MOTION TO APPROVE: Erickson, second Esslinger CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer Ord 23-392 Amend Sections 13-10 and 7-13 and Create Section 7-13.1 of the City Municipal Code Pertaining to Building Plan Submissions and Reviews and To Authorize Delegation of Commercial Plan Reviews and to Authorize Delegation of Commercial Plan Reviews to Third-Party Contractors MOTION TO APPROVE: Esslinger, second Erickson CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer NEW ORDINANCES *Ord 23-393 Amend Parking Regulations on 9th Avenue East of South Main Street *Ord 23-394 Change Yield Right of Way Intersections in Accordance with Traffic Flow being Reversed on Kentucky and Central Streets No action on the above / 1st reading Ord 23-395 Approve Zone Change from Heavy Industrial District (HI) to Business Park District with a Planned Development Overlay (BP-PD) at Property Located at 2850 Universal Street (Plan Commission Recommends Approval and Applicant Requests Waiving the Rules and Adopting on First Reading) Speaker: Angela Wade – 1810 Scarlet Oak Trail, Oshkosh MOTION TO WAIVE THE RULES FOR Ord 23-395: Buelow, second Esslinger CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer MOTION TO APPROVE: Buelow, second Erickson CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer PENDING RESOLUTIONS Res 23-396 Laid over from May 23, 2023 meeting: Utilize Unity in Community Funds for Sponsorship of Teams for the Northeastern Wisconsin (N.E.W.) Dragon Boat Race Festival on September 16, 2023 (DEI Committee Recommends Approval) MOTION TO APPROVE: Buelow, second Erickson MOTION TO AMEND (as above): Erickson, second Buelow CARRIED: 4-1 Ayes (4) Esslinger, Erickson, Ford, Buelow - Noes (1) Mayor Mugerauer NEW RESOLUTIONS Res 23-397 Approve Taxi Cab Driver License (License Application Withdrawn by Applicant) Res 23-398 Approve General Development Plan & Specific Implementation Plan for a Multi- Family Development on the East Side of Oregon Street South of West Ripple Avenue (Plan Commission Recommends Approval) Speakers: Dennis Hughes – 4046 Oregon, Oshkosh Wanda Berholtz – 4078 Oregon, Oshkosh Keith Berholtz – 4078 Oregon, Oshkosh Jared Schmidt, Robert E Lee and Associates, 1250 Centennial Centre Blvd, Hobart MOTION TO APPROVE: Buelow, second Esslinger CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer Res 23-399 Approve a General Development Plan & Specific Implementation Plan for an Indoor Institutional Use at Property Located at 2850 Universal Street (Plan Commission Recommends Approval) MOTION TO APPROVE: Buelow, second Esslinger CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer Res 23-400 Approve Land Disposition of Vacant Property, 500 Block of W South Park Avenue between Ohio Street and Michigan Street (Plan Commission Recommends Approval) MOTION TO APPROVE: Esslinger, second Erickson CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer Res 23-401 Appropriate Winnebago County Spirit/ARPA Funds for 2024 Fire Department Turnout Gear MOTION TO APPROVE: Erickson, second Buelow CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer Res 23-402 Approve Amendment to 2023 Operations Budget to Provide Funding for the Purchase of Police Department Service Weapons MOTION TO APPROVE: Esslinger, second Buelow CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Follow-Up to June 28, 2023 Budget Workshop #1 and Direction to Staff Regarding Special Assessment Relief Options Future Agenda Items: none Future Workshops: None COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions CITY MANAGER ANNOUNCEMENTS & STATEMENTS Professional Services Agreement with AECOM for Environmental Services during Geotechnical Subsurface Exploration Project for the 2024 Capital Improvement Projects ($39,200.00) Professional Services Agreement with Robert E. Lee & Associates, Inc. for Environmental Review Services for the 2024 Capital Improvement Projects ($42,800.00) Outstanding Issues MOTION BY DEPUTY MAYOR ERICKSON TO GO INTO CLOSED SESSION (Room 402, City Hall) The Common Council may convene into Closed Session to discuss the Mid-Year Review of the City Manager, an employee over which the Common Council has jurisdiction & exercises responsibility pursuant to Section 19.85(1)(c) of the Wisconsin State Statutes. MOTION TO ADJOURN TO CLOSED SESSION: Erickson, second Esslinger CARRIED: 5-0 Ayes (5) Esslinger, Erickson, Ford, Buelow and Mayor Mugerauer ADJOURN REGULAR COUNCIL MEETING: MOTION TO ADJOURN REGULAR COUNCIL MEETING: Esslinger, second Buelow CARRIED: Voice Vote The Meeting Regular Council Meeting Adjourned at 7:55 DIANE M. BARTLETT, CITY CLERK July 26, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Shelia A. Cauley Claim Number: WM000702661227 Date of Loss: 07/02/2023 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: Ginger Kimpton Senior Casualty Claims Adjuster Phone: 855-828-5515 Fax: 866-828-6613 Email Address: gkimpton@statewidesvcs.com Feel free to call or email the claim handler above. Sincerely, Statewide Services Claim Department cc: McClone Agency – Brian Dandoy August 2, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Jeff Ellman Claim Number: WM000702661228 Date of Loss: 07/20/2023 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 August 8, 2023 23-403 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 - Anna Muenchrath Date of Loss: 06/07/2023 (alleged damage to vehicle) 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. July 27, 2023 City of Oshkosh Attn: Crystal Bathke PO Box 1130 Oshkosh, WI 54902 Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of loss: 6/07/2023 Our Claim # WM000702661223 Claimant: Anna Muenchrath 750 Evans St. Oshkosh, WI 54901 Dear Ms. Bathke, Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance, which insures the City of Oshkosh. We are in receipt of the claim submitted by Anna Muenchrath for damage her parked vehicle sustained during the course of an arrest conducted by Oshkosh Police. We have reviewed the matter and recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The disallowance will shorten the statute of limitations period to six (6) months. Our denial is based on the fact that our investigation revealed no liability on behalf of the City. We reviewed Police body camera footage of the arrest and it is clear that the resistive arrestee caused the auto damages. Please submit the disallowance directly to the claimant at the above address. The disallowance should be sent certified or registered mail and must be received by the claimant within 120 days after you receive Notice of Claim. Please send a copy of the disallowance to Statewide Services Inc. Claims, for our records. Thank you, Sarah Bourgeois, AIC, AINS Claims Rep. II Statewide Services Inc. PO Box 5555 Madison, WI 53705-0555 608-828-5439 Phone 800-854-1537 Fax sbourgeois@statewidesvcs.com CC: Brian Dandoy, McClone Agency AUGUST 8, 2023 23-404 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: ACCEPT WATER MAIN EASEMENT AT 420 SOUTH KOELLER STREET INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts water main easement at 420 South Koeller Street, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. 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: August 3, 2023 RE: Accept Water Main Easement at 420 South Koeller Street BACKGROUND The City of Oshkosh is requesting acceptance of a water main easement located on the south side of the property at 420 South Koeller Street. ANALYSIS The proposed easement is 25 feet wide, centered on the existing water main, running east-west 409.65’ along the south property line of the redevelopment, from the South Koeller Street right- of-way to the West 5th Avenue right-of-way. The easement will allow the installation, operation, and maintenance of the public water main and related facilities benefitting the redevelopment as well as the overall water distribution for the site. RECOMMENDATION The Plan Commission recommended approval of the Water Main Easement at 420 South Koeller Street with findings and conditions on August 1, 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: APPROVE ACCEPTANCE OF A 25’ WATER MAIN EASEMENT AT 420 SOUTH KOELLER STREET Plan Commission Meeting of August 1, 2023 GENERAL INFORMATION Applicant: City of Oshkosh Owner: 965 South Green Bay Road LLC Actions Requested: The City of Oshkosh is requesting acceptance of one water main easement that is 25 feet wide main, located on the south side of the property at 420 South Koeller Street. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject site consists of one lot owned by 965 South Green Bay Road LLC and is located on the east side of South Koeller Road. In May 2023, Common Council approved a General Development Plan (GDP) and Specific Implementation Plan (SIP) for redevelopment of the subject site for Old National Bank and Chipotle developments. ANALYSIS The proposed easement is 25 feet wide, centered on the existing water main, running east-west 409.65’ along the south property line of the redevelopment, from the S. Koeller Street right-of-way to the W. 5th Avenue right-of-way. The easement will allow the installation, operation, and maintenance of the public water main and related facilities benefitting the redevelopment as well as the overall water distribution for the site. Item I – Accept Easement – 420 S. Koeller Street 2 The City Attorney’s office has drafted the necessary easement documents in agreement with the property owner. The easement documents have been signed by the property owner and are waiting to be recorded upon approval by the Common Council. The Department of Public Works does not have concerns with the proposed easement as it is required for redevelopment of the property. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of a 25’ water main easement at 420 South Koeller Street with findings and conditions on August 1, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Bowen reported visiting the site. Staff report accepted as part of the record. Item I – Accept Easement – 420 S. Koeller Street 3 The City of Oshkosh is requesting acceptance of a water main easement located on the south side of the property at 420 South Koeller Street. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. This is the site of the old National Bank which is currently being razed. The site is going to be redeveloped with a smaller version of Old National Bank and a Chipotle restaurant. The water main easement will be located on the south side of the property. It will be 25 feet wide, centered on an existing water main, running east-west 409.65’ along the south property line. The easement will allow the installation, operation, and maintenance of the public water main and related facilities benefitting the redevelopment as well as the overall water distribution for the site. The City Attorney’s office has drafted the necessary easement documents in agreement with the property owner. The easement documents have been signed by the property owner and are waiting to be recorded upon approval by the Common Council. Staff recommends approval of the acceptance of the proposed water main easement as requested. Mr. Perry opened up technical questions to staff. Mr. Perry asked if the applicant wanted to make any statements, and for any public comments. Mr. Perry closed public comments. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Motion carried 8-0. Page 3 W 5TH AV S K O E L L E R S T !"#$41 !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/29/2023 1 in = 120 ft 1 in = 0.02 mi¯420 S KOELLER ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 4 WWEESS TT PP OOIINNTTEE DD RR MONTICELLO MONTICELLO DR DR W 5TH AV ABBEY AV BISMARCK AV W 7TH AV W 6TH AV MORELAND ST REICHOW ST S W E S T F I E L D ST W 7TH AVW7THAV S WESTFIELD ST ARMORY PL WINDSOR ST REICHOW ST N WESTFIELD ST WESTBROOK DR LILAC ST ASPIRE LA WITZEL AVWITZEL AV W 9TH AV W9TH A V W I T Z EL A V W I T Z E L AV N KO E L L E R S T S W A S H B U R N S T S WASHBURN ST S WASHBURN ST W 9TH A VW9THAV W 9T H AV SKO E L L E R ST SKOEL L E R S T NWASHBURN ST S K OELL ER ST !"#$41 !"#$41 DR-6 DR-6 DR-6 I I I I I I-PD MR-12 MR-12 MR-12 MR-12 MR-12 MR-12 NMU SMU SMU-PD SMU-PD SMU-PD SMU-PD SMU-PD SR-5 SR-5 SR-5SR-5 SR-5 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/29/2023 1 in = 500 ft 1 in = 0.09 mi¯420 S KOELLER ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 5 W 5TH AV S KOELLER ST !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/29/2023 1 in = 100 ft 1 in = 0.02 mi¯420 S KOELLER ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 6 AUGUST 8, 2023 23-405 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AWARD BID TO BULLEY & ANDREWS CONCRETE RESTORATION LLC FOR 2023 REPAIRS FOR THE CONVENTION CENTER/BEST WESTERN PREMIER WATERFRONT HOTEL PARKING RAMP FOR GENERAL SERVICES DIVISION ($36,422.00) INITIATED BY: PURCHASING DEPARTMENT WHEREAS, the City of Oshkosh has heretofore advertised for bids for 2023 repairs for the Convention Center/Best Western Premier Waterfront Hotel parking ramp; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: BULLEY & ANDREWS CONCRETE RESTORATION LLC 1755 W Armitage Ave Chicago, IL 60622 Total: $36,422.00 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. 5061040 7214 Buildings & Building Improvements BID TAB OSHKOSH CONVENTION CENTER PARKING RAMP 2023 REPAIRS AND PRESERVATION FRIDAY JULY 27, 2023 – 10:00 AM BIDDER BID ADDENDUM PREQUAL BID BOND Berglund Construction Company 1650 W Miller Park Way Milwaukee WI 53214 $88,200.00 YES YES YES Bulley & Andrews Concrete Restoration LLC 1755 W Armitage Ave Chicago IL 60622 $36,422.00 YES YES YES AUGUST 8, 2023 23-406 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: RESCIND BALANCE OF PURCHASE TO JEFFERSON FIRE AND SAFETY INC., AMEND 2023 CIP AND APPROVE PURCHASE OF THREE AMBULANCES FROM EMERGENCY VEHICLES PLUS FOR FIRE DEPARTMENT ($1,045,341.00) INITATED BY: PURCHASING DEPARTMENT WHEREAS, the Common Council previously approved Resolution 21-586 to approve the purchase of three new ambulances to Jefferson Fire and Safety, Inc.; and WHEREAS, after the approval, due to supply chain delays, Jefferson has been unable to secure any timeline for when the ambulance chassis would be delivered; and WHEREAS, it is therefore necessary to rescind the prior resolution to assure continuity of emergency services, and WHEREAS, Section 12-14(1) of the Municipal Code provides that subject to the approval of the City Manager, purchases warranted by an emergency situation that threatens the public health, safety or welfare that was unforeseen, calls for immediate action and cannot be responded to using establish procurement methods may be made without following a competitive bidding or quotation process; and WHEREAS, Emergency Vehicles Plus (EV+) had pre-ordered three Ford ambulance chassis meeting our specifications assuring their ability to produce the ambulances by spring 2024; and WHEREAS, it is necessary to amend the 2023 Capital Improvement Program Budget to add additional funding for this purchase. 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: AUGUST 8, 2023 23-406 RESOLUTION CONT’D To increase Authorized expenditures within Account No. 03230230 7210 66902 Motor Vehicles- Fire Ambulances by $298,000 with funds available from Fund Balance BE IT FURTHER RESOLVED by the Common Council for the City of Oshkosh that Resolution 21-586 is hereby rescinded and shall have no further force and effect and the proper city officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to waive formal competitive bidding processes and to purchase three (3) ambulances from: EMERGENCY VEHICLES PLUS 670 East 16th Street Holland, MI 49423 Total: $1,045,341.00 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. 03230230 7210 66902 Motor Vehicles- Fire Ambulances AUGUST 8, 2023 23-407 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, 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. 23-16  CLAIRVILLE ROAD (STATE ROAD 91 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: Concrete Pavement, 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): Clairville Road, from State Road 91 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. AUGUST 8, 2023 23-407 RESOLUTION CONT’D 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. AUGUST 8, 2023 23-408 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE PROFESSIONAL SERVICE AGREEMENT WITH TYLER TECHNOLOGIES FOR PROPERTY ASSESSMENT REVALUATION 2023/2024 ($164,200) INITIATED BY: COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Tyler Technologies for the 2023/2024 property assessment revaluation in the amount of $164,200. Acct. No. 100-0080-6417-00000 Assessor General Fund 1 APPRAISAL SERVICES AGREEMENT This Agreement is made between Tyler Technologies, Inc., a Delaware corporation (“Tyler”) and the City of Oshkosh, Wisconsin (“Client”). WHEREAS, Tyler is in the business of providing revaluation services to municipalities; WHEREAS, Client has a need for such revaluation services; and WHEREAS, Client has selected Tyler to perform the services set forth in the Statement of Work (as defined below) attached hereto as Exhibit C and Tyler desires to perform such services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS • “Agreement” means this Appraisal Services Agreement. • “Effective Date” means the last date on which both parties have signed this Agreement. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, severe or unusual weather or climatic conditions which exist for a substantial period of time, extreme inflation (defined as eight percent or greater per year) or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the total fixed price and per diem rates to complete the services described in this Agreement, attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – PROFESSIONAL SERVICES 1. Services. We will provide you the professional services, consistent with industry standards, as described in the Statement of Work attached hereto as Exhibit C. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in Exhibit A – Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards and the specifications described in the Statement of Work – Exhibit C. 2 4. Site Access and Requirements. You agree to provide us with access to your personnel as may be reasonably necessary for us to provide the professional services as described herein, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. 5. Client Assistance. You acknowledge that the services we provide under this Agreement are a cooperative process which may require the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for the services. This cooperation includes at least working with us to schedule the services outlined in this Agreement and performing the Client responsibilities described in Exhibit C attached hereto. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 6. Change in Legal Requirements. The parties acknowledge that the terms and conditions of this Agreement are based on the laws, rules and regulations as of the Effective Date. In the event any applicable laws, rules or regulations change so as to create additional work for us not provided for in this Agreement, Client shall allow us a reasonable extension of time to complete the services, and additional compensation as provided in Section C(3) below. 7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. SECTION C – INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you the fees for the services as per our Invoicing and Payment Policy, subject to Section C(2). 2. Invoice Disputes. If you believe any delivered service does not conform to the warranties in this Agreement, you will provide us with written notice within fifteen (15) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to suspend services. 3. Additional Services. The Investment Summary contains the related costs required for the project based on our understanding of the specifications you supplied and of the laws, rules and regulations applicable to the project as of the Effective Date. If additional work is required, or if you use or request additional services, we will provide you with an addendum outlining the costs for the additional work. The price quotes in the addendum will be valid for thirty (30) days from date of issuance. 3 SECTION D – TERM AND TERMINATION 1. Term. This Agreement shall commence on the Effective Date and shall continue through September 1, 2024. This Agreement may be renewed upon written mutual agreement of the parties. 2 Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section C(2). 2.1 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section F(2). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section F(2). 2.2 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of this Agreement for a period of forty-five (45) days or more. 2.3 Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase the services set forth in this Agreement, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. SECTION E – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Property Damage and Personal Injury Indemnification. 1.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and similar statutes, of the Wisconsin Statutes, the Client agrees to indemnify and hold Tyler, its officers, officials, employees and agents harmless from and against 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 the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the Client’s officers, employees, volunteers or agents while acting within the scope of their employment. Nothing in this Agreement is intended to be a waiver or estoppel of the ability of the Client or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within the Wisconsin Statutes Secs. 893.80, 895.52, and 345.05 and to argue that such damage limits, caps and immunities shall be used to govern the disputes, contractual 4 or otherwise, to which those statutes apply, and to the extent they are applicable to the parties and their agents, officers, and employees. To the extent that indemnification is available and enforceable, the Client or its insurer shall not be liable in indemnity or contribution for an amount greater than the applicable limits of liability, if any, for the applicable municipal claims, if any, established by Wisconsin law. 1.3 It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment. 2. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES OR (B) THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTION E(1.1) ABOVE. 4. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF TAX REVENUE OR CLAIMS RELATED TO VALUATION OF PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION F – GENERAL TERMS AND CONDITIONS 1. Additional Services. You may purchase additional services at our then-current list price by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene 5 within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction as set forth in Section F(20). Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution. 3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes arising from our performance of this Agreement. 4. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 5. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 6. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. 6 10. Purpose/Use of Appraisals. By virtue of this Agreement, we are contracted to provide certain services specified herein and recommendations of value to you which are intended for exclusive use by you for determinations of assessment for ad valorem tax purposes. Any use other than that stated above is not authorized nor intended, and most specifically excluded is an opinion of value used for federally related real estate transactions or other mortgage purposes. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: 7 (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request regarding Tyler’s confidential information, as defined in this section, you will give us prompt notice as set forth in Section F(22)(d) and otherwise perform the functions required by applicable law. 18. Non-Solicitation. To the extent allowed by applicable law, you will not (i) solicit for employment or (ii) hire any employee of ours during the term of this Agreement and for a period of six (6) months following the termination of this Agreement without our express written consent. 19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin. Venue for any action, suit or legal dispute arising from this Agreement shall be in the state courts located in Winnebago County, Wisconsin or a federal court of competent jurisdiction located in Wisconsin. 21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 22. Wisconsin Public Records Laws. Notwithstanding any other term of this Agreement, whether identified before or after this paragraph, and including other terms referenced or linked to this Agreement, (a) The Client is statutorily required to comply with the Wisconsin Public Records laws. In the event the Client’s compliance with the Wisconsin Public Records laws conflicts with any term of this Agreement, whether the term is explicitly stated, or referenced, or linked, the Client shall notify Tyler of such conflict and the parties shall enter into an amendment to resolve such conflicting language. (b) For purposes of clarification, but without limitation, the Client acknowledges the intellectual property and trade secrets rights of Tyler, as well as those of Tyler’s subsidiaries and affiliates. This section is not intended to limit the aforementioned intellectual property or trade secret rights as may be otherwise described herein. (c) For purposes of clarification, but without limitation, the parties note that this Agreement includes various terms which may be similar, and used together, but which are not legally interchangeable. It is acknowledged that intellectual property, proprietary information, 8 confidential information, and information subject to privacy laws may seem in some sense to be the same, but each are different in nature and are subject to different legal protections. It is the intent of the parties to interpret each term according to each term’s unique characteristics. The Wisconsin Public Records laws prevents public release of some of the aforementioned type of information, including: Wis. Stat. 19.35(1) (records, such as intellectual property, subject to protection by other federal or state laws); Wis Stat 19.36(4) (computer programs); Wis. Stat. 19.36(5) (trade secrets); and, Wis. Stat. 19.36(13) (financial identifying information). Wisconsin Public Records laws do not prevent public disclosure and use of information that entities may believe are proprietary or confidential, unless that information is explicitly protected by law. (d) In the event the Client receives a Public Records request related to this Agreement the Client will promptly notify Tyler of the request and allow Tyler, within the period of time allowed by the Wisconsin Public Records laws, the opportunity to respond to and/or contest the release of such requested information. If Tyler has contested the release of the requested records and the Client disagrees with Tyler’s position, then Tyler may take any lawful action it deems necessary to protect its interests. Any resulting actions by Tyler shall be taken at Tyler’s own risk and cost, regardless of the result of such action. 23. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Exhibit C Statement of Work IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. City of Oshkosh, Wisconsin By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Oshkosh One Tyler Way 215 Church Avenue Moraine, OH 45439 Oshkosh, WI 54903 Attention: VP & GM, Appraisal Services Attention: ______________________________ Exhibit A 1 Exhibit A Investment Summary The following Investment Summary details the services to be delivered by Tyler to Client under this Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. 2024 Commercial Revaluation and Additional Services: The Client shall pay Tyler a total fee of ONE HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($164,200.00) for the services described in Exhibit C for the period September 1, 2023 through September 1, 2024. Exhibit B 1 Exhibit B Invoicing and Payment Policy Tyler will provide you with the services set forth in the Investment Summary and Statement of Work. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. Invoicing: We will invoice you for the applicable services and for the fees described in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in your Agreement. 1. Professional Services. Tyler will invoice the Client for fifty percent (50%) of the total project fees ($82,100) between September 1, 2023 and December 1, 2023, and the balance of the project fees ($82,100) between January 1, 2024 and August 1, 2024 as set forth in the payment schedule below: The above payment schedule is for the convenience of the Client and is not necessarily a reflection of the actual schedule of when services will be performed. If the Client terminates the Agreement prior to the completion of the services set forth in this Agreement, the Client agrees that fees for all services performed and not yet invoiced become immediately due. Tyler will maintain monthly progress reports of actual services performed and the fees associated with said services. These monthly progress reports will allow Tyler to deliver an invoice covering all services performed but not yet invoiced in the event of early termination. All services to be performed under this Agreement will be completed by September 1, 2024. 2. Expenses. The service fees in the Investment Summary include travel expenses. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tylertech.com. 9/1/23 10/1/23 11/1/23 12/1/23 1/1/24 2/1/24 3/1/24 4/1/24 5/1/24 6/1/24 7/1/24 8/1/24 TOTAL $20,525.00 $20,525.00 $20,525.00 $20,525.00 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $164,200.00 Exhibit C 1 Exhibit C Statement of Work The following Statement of Work details the services to be delivered by Tyler to the Client under your Agreement. This Statement of Work is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. 1.0 TECHNICAL ENVIRONMENT Tyler will use the Client's iasWorld Computer Assisted Mass Appraisal (CAMA) System as a base for the work performed under this Agreement. All office supply and computer system costs associated with the processing of data shall be the responsibility of the Client. 2.0 PERSONNEL All work will be performed by personnel certified by the State of Wisconsin, Department of Revenue. Tyler will provide and update the Client with a listing of personnel assigned to the Project. The Client shall provide Tyler Staff with identification cards consistent with the current City policy. Tyler shall designate a qualified and responsible individual to supervise the commercial revaluation. Tyler may assign other or additional project personnel to the revaluation subject to the approval of the Client. The Client reserves the right to prohibit an employee of Tyler from participation in services under this Agreement, if it determines there is good cause to do so. Tyler shall review any complaint relative to the conduct of its employee(s). The Client may also review any such complaint. If the Client deems the performance of any of the employees to be unsatisfactory, Tyler shall remove such employee(s) from work upon a written request from the Client that states the reasons for removal. 3.0 ASSESSMENT MANUAL Tyler shall make all commercial assessments in accordance with the Assessor's Manual as specified in Sections 70.32(1) Wisconsin Statutes and shall be responsible for all final commercial values arrived at in compliance with same. Additionally, the Company will follow the Interim Market Update (IMU) process identified on page 4-3 of the WPAM Volume 1. 4.0 DATA FOR EVALUATION Tyler shall gather and analyze market value data including, but not limited to, sales data, lease data, rental rates, rates of return, operating statements, vacancy factors and construction costs for use in determining property valuation standards pursuant to Section 70.32 of the Wisconsin Statutes. Data gathered will either be noted on the property record cards or contained within supplements to the record cards. Exhibit C 2 5.0 PROPERTY RECORD CARDS The Client and Tyler agree to use the property record card as designed and modified from time to time in the Client’s iasWorld CAMA Software. 6.0 NEIGHBORHOOD DELINEATION Tyler shall update the existing neighborhood delineation for the commercial class properties as needed and work with the City’s GIS Department to create a color-coded map indicating the various neighborhood designations. The neighborhood identification procedure shall conform to the Client's iasWorld CAMA software product. 7.0 APPROACHES TO VALUE 7.1 Type of Approach Tyler shall consider those factors required by 70.32 Wis. Stats. including, but not limited to, the cost, market, and income approaches in the valuation of all vacant and improved parcels of property. 7.2 Sales Analysis Tyler shall analyze sales data in order to become familiar with prevailing market conditions, activity, and specific transactions which may be utilized in determining the market value of competitive properties throughout the City. 7.3 Income Analysis In valuing income-producing properties, the Tyler shall collect information from owners, tenants, realtors, financial institutions, and any other necessary sources, for use in the valuation process. Data to be analyzed shall include actual and economic rents for each type of property, typical vacancy rates, and typical operating expense ratios. All data shall be properly documented and adequate records shall be prepared for each parcel showing the determination of value by the income approach. For improved parcels, this shall include a reconstruction of income and expenses, an estimate of remaining economic life, and the capitalization rate applied. Capitalization rates shall be accurately documented by information obtained from the market. Any documentation used in establishing any of the foregoing shall become property of the Client. 8.0 IMPROVEMENT VALUATION Tyler proposes to follow the guidelines listed below in determining improvement revaluation. The factors under Wisconsin Statute 70.32 shall be considered for all real properties. 8.1 Valuation Approach Tyler shall value improvements in accordance with the Wisconsin Property Assessment Manual and the Client's iasWorld CAMA System. The three (3) industry-recognized approaches to value; i.e., cost, income and market shall be considered by Tyler for all commercial parcels. 8.2 Commercial Approach In valuing commercial improvements, proper base costs shall be selected as appropriate and adjusted to adequately reflect variations from base building costs. When many adjustments are necessary to base costs, the property is a special purpose building, or certain characteristics make it impossible to value via the Client's iasWorld CAMA System, Exhibit C 3 the unit in place method as presented in the Marshall & Swift Valuation Service Manual may be used. All accrued depreciation, including physical deterioration, functional obsolescence, and economic obsolescence, will be recorded for each parcel in the Client’s iasWorld CAMA system. 9.0 LAND VALUATION Tyler shall provide the following approach to the revaluation of land characteristics: 9.1 Basic Unit Values Basic unit values shall be determined for commercial lands from an analysis of sales, rents, leases, and other available market data. In the analysis of market data, adequate records will be prepared showing data collected and unit value determinations. Such records shall be left with the Client. The Client’s iasWorld Land Tables will be updated accordingly. Having determined basic unit values, Tyler shall apply such to each parcel, making adjustments to account for particular characteristics of the site in the Client's iasWorld CAMA System. Maps and schedules will be prepared indicating unit values used for the commercial revaluation. These maps and schedules shall be left with and be the property of the Client. 9.2 Land Tables A copy of all charts, schedules and tables, not previously referred to and used in the valuation of commercial lands shall be left with the Client. 10.0 DATA MANAGEMENT This section will outline Tyler's procedures for collecting and encoding the data collected into the Client's iasWorld CAMA System. 10.1 Tyler shall encode or perform data maintenance on commercial class property records in the Client’s iasWorld CAMA System as needed as part of the revaluation. 10.2 Tyler is aware that some properties may have to be inspected because of permit alterations and/or additions to the improvements. There will be no additional fee for such inspection or subsequent revaluation required because of such alterations and/or additions. 10.3 The Client and Tyler shall cooperate to avoid duplication and confusion to the property owner and to see that all permit alterations and additions are accounted for in the revaluation program. 10.4 Tyler shall present a list of all partial assessments of improvements as of January 1, 2024, to the Client, so that they may be readily identified and assessed for the subsequent assessment roll. 11.0 FINAL ANALYSIS Prior to the Open Book conferences, the Company will perform a final analysis on commercial properties and make the proper correlation of values between the cost, market and income approaches to value. This review will cover each parcel so as to eliminate errors in computations Exhibit C 4 that may have occurred, to ensure uniformity amongst property types, to verify building classification and depreciation estimates regarding physical, functional, and economic obsolescence, and to be sure that all lands and improvements are properly accounted for. For commercial properties where a determination of value has been made via the income approach, the value shall also be reviewed to account and adjust for factors which may have a direct bearing on the market value and/or equitable relationship to other properties. As part of this review, Tyler shall consider the indicated gross income, expenses, vacancy rate, net income and capitalization rate of each property. Physical, economic and functional obsolescence affecting the income approach to value shall be considered when arriving at the final income approach value. 12.0 RESIDENTIAL SUPERVISION Tyler shall provide guidance and supervision to City staff relating to the residential class properties for the revaluation. The goal is for Tyler to provide such guidance and supervision relating to residential valuation in order to produce sound, uniform values. The guidance and supervision is expected to not surpass fifteen (15) working days and shall include, but not be limited to, as requested by the City: a. Guidance and supervision in residential land and cost approach analysis. b. Guidance and supervision relating to market modeling. c. Guidance and supervision relating to sales comparison selection process. d. Guidance and supervision on the valuation review process. e. Guidance and supervision on quality reports to run prior to mailing notices of assessment. 13.0 CLIENT TO REVIEW ASSESSMENTS Prior to sending notices of assessment and Open Book conferences, and upon request by the Client, the Client shall have ample time to review assessed values on commercial class property. At the discretion of the Client, such review may include property record cards and all other material prepared for the revaluation. 14.0 OPEN BOOK CONFERENCE Upon completion of the Client's review of assessments and prior to the completion of the assessment rolls, Tyler shall hold Open Book conferences for the purpose of enabling property owners or their agents to review and compare the assessed values. Tyler shall be responsible for conducting all Open Book appointments for commercial class properties and the City shall be responsible for residential class properties. The Statutory Assessor may assist with commercial class Open Book appointments or residential class Open Book appointments. A sufficient number of qualified Tyler personnel, approved by the Client, will be available to conduct Open Book conferences, Monday through Friday, at a place designated by the Client. The Open Book conferences will be held in an orderly manner with the least confusion to the property owner. Conferences on an appointment basis are the preferred method to attain this result. The Client and Tyler shall mutually agree upon the date and hours of conferences to ensure that all property owners have an equal opportunity to review their assessment. Hearing times shall include evening hours. Exhibit C 5 The Client will prepare and send a notice by first class mail to each property owner at the last known mailing address. The notice form used shall be that approved by the Department of Revenue as provided in Section 70.365. The Client shall also indicate on the notice, or attach to the notice; the time and place the Open Book conference will be held. Mailing shall be five (5) days prior to the first day of conferences for the convenience of the property owners. Expenses related to the printing and mailing of the notices shall be the responsibility of the Client. 15.0 BOARD OF REVIEW A certified member(s) of Tyler’s field staff will attend meetings of the Board of Review to explain and defend the assessed value of commercial appeals and be prepared to testify under oath in regard to such values. In the event of appeal to the Department of Revenue or the courts, it is agreed that Tyler shall make available a qualified representative(s) upon request from the Client, at no additional cost, to furnish testimony in defense of the values established by the revaluation in all cases which might be filed within one (1) year of the completion date specified for the revaluation. 16.0 SUPPORT OF REVALUATION SERVICES BY THE CLIENT This section will outline the responsibilities of the Client to ensure that a successful revaluation program is implemented. 16.1 Access to Records The Client shall allow access and make available to Tyler, Client records such as, but not limited to, previous assessment rolls, sewer and water layouts, building permits, tax records, building plans, records of special assessments, plats, and any other maps currently in possession of the Client, at no cost. 16.2 Maps Upon specific request, the Client shall furnish one (1) sets of plat maps and one (1) zoning map and any other maps that are mutually agreed by Client and Tyler to complete a successful project. 16.3 Notices for New Assessments To update the iasWorld database with the most current known name and mailing address prior to sending notices of assessment. The cost of mailing the notices of assessment shall be the responsibility of the Client. 16.4 Miscellaneous General Agreements The Client’s governing body shall refrain from interfering with or influencing any value estimate by Tyler. The Client shall aid Tyler in a responsible promotion of public information concerning the work under this Agreement. 16.5 Hardware/Software Requirements The Client shall provide, maintain, and assure reasonable Tyler access to the data processing facilities on which Tyler will encode the data for the revaluation. Exhibit C 6 The Client shall provide, at no cost to Tyler, suitable office space and all necessary accoutrements to allow Tyler to perform the functions of the commercial revaluation, including but not limited to desks, chairs, a shared personal computer and printer. 17.0 GENERAL PROVISIONS 17.1 Tyler Responsibilities Tyler will begin work upon on the commercial revaluation on or before August 1, 2023. Tyler shall complete the commercial revaluation by June 1, 2024 with the exception of the Open Book and Board of Review. The following is an outline of milestone dates for activities for the commercial revaluation. • December 31, 2023 – Exterior drive-by reviews (pre-review) of selected commercial properties complete. • December 31, 2023 – Initial land and cost analysis complete. • January 8, 2024 – Income and Expense forms mailed. • March 8, 2024 – Income approach analysis complete, income approach tables loaded. • May 17, 2024– Individual commercial values reviewed and preliminary values complete. • May 31, 2024 – Final quality checks complete and notice ready. • June 4, 2024 - Notices of Assessment mailed. • July 10, 2024 – Open Book complete. • July 25, 2024 – Board of Review begins 18.0 Contract Deliverables Within fourteen (14) days of the final adjournment of the Board of Review, Tyler shall turn over to the Client all records prepared for the revaluation including, but not limited to, (a) property record cards, computer generated output, maps, and any other schedules or forms, (b) all records and materials obtained for the Client and not previously returned to include maps, plans, and Assessor's records, and (c) materials specifically obtained and/or used for performance of assessment work for the Client including, but not limited to, aerial photos, land value maps, depth factor tables, copies of leases, correspondence with property owners, sales data, rental schedules, capitalization rate data, gross income multiplier data, and operating statements of income properties. AUGUST 8, 2023 23-409 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION CLASS “B” LICENSE INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: AGENT CHANGE COMBINATION CLASS “B” LICENSE (July 20, 2023 – JUNE 30, 2024) Skokens Foodliner, Inc. (Festival Foods) 2415 Westowne Avenue, Oshkosh, WI Agent: Jason Steffen AUGUST 8, 2023 23-410 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION CLASS “B” LICENSE INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: AGENT CHANGE COMBINATION CLASS “B” LICENSE (July 20, 2023 – JUNE 30, 2024) SBG Apple North I (Applebee’s Neighborhood Grill) 1722 S Koeller Street, Oshkosh, WI Agent: Casmir Banaszek August 8, 2023 23-411 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE SPECIAL CLASS “B” LICENSE INITIATED BY: CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews required by city ordinance have been completed; and 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; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, and PERSON IN CHARGE: Masonic Building Association Event Name: The Boss of The Toss Core Hole Fundraiser October 28, 2023 9:00 am to 11:00 pm Location: 204 Washington Avenue Person in Charge: Mark Rutkowski Masonic Building Association Event Name: ACW Wrestling October 13, 2023 December 1, 2023 5:00 pm to 11:00 pm Location: 204 Washington Avenue Person in Charge: Mark Rutkowski AUGUST 8, 2023 23-412 RESOLUTION (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS: MUSEUM, ARTS AND CULTURE BOARD INITIATED BY: MAYOR MATT MUGERAUER BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointments to the various boards are made by Mayor Matt Mugerauer, as attached hereto, and are hereby approved. Date: August 2, 2023 From: Matt Mugerauer, Mayor Listed below are the appointments, to be made by the City Council at the August 8, 2023, Common Council Meeting, to the city’s boards, commissions, committees, and authorities. MUSEUM, ARTS AND CULTURE BOARD  Joe Stephenson, Appointed to Council Seat, term ending 2024 JULY 25, 2023 AUGUST 8, 2023 23-393 23-413 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND PARKING REGULATIONS ON 9TH AVENUE EAST OF SOUTH MAIN STREET INITIATED BY: TRANSPORTATION DEPARTMENT RECOMMENDATION: TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS WHEREAS, the Transportation Department recommends approval to amend parking regulations on 9th Avenue East of South Main Street. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27A-11 pertaining to parking regulations on designated streets and alleys of the Oshkosh Municipal Code is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS 9th Avenue Delete Therefrom: 1-hour parking (south side, from 150 feet east) Delete Therefrom: Angled parking (north side, from South Main east a distance of 375 feet) Add Thereto: Angled parking (north side, 282 feet east of S. Main to 532 feet east) Add Thereto: No parking (north side, 532 feet east of S. Main to Pioneer Dr.) JULY 25, 2023 AUGUST 8, 2023 23-393 23-413 ORDINANCE FIRST READING SECOND READING CONT’D Add Thereto: No parking (south side, from South Main to 242 feet east and from 444 feet east to Pioneer Drive) SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-413 on August 8, 2023, AMENDING PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance will add some angled and parallel parking on 9th Avenue and restrict parking in other areas on 9th Avenue east of the intersection with S. Main St. 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. JULY 25, 2023 AUGUST 8, 2023 23-394 23-414 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: CHANGE YIELD RIGHT-OF-WAY INTERESECTIONS IN ACCORDANCE WITH TRAFFIC FLOW BEING REVERSED ON KENTUCKY AND CENTRAL STREETS. INITIATED BY: TRANSPORTATION DEPARTMENT RECOMMENDATION: TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-10 YIELD RIGHT-OF-WAY INTERSECTIONS DESIGNATED. WHEREAS, the Transportation Department recommends approval to change yield right-of-way intersections in accordance with traffic flow being reserved on Kentucky and Central Streets. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27A-10 pertaining to Yield Right-of-Way Intersections Designated of the Oshkosh Municipal Code is hereby amended as follows: A-10 YIELD RIGHT-OF-WAY INTERSECTIONS DESIGNATED Delete Therefrom: Kentucky Street yields to Nevada Avenue Add Thereto: Central Street yields to Nevada Avenue SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. JULY 25, 2023 AUGUST 8, 2023 23-394 23-414 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-414 on August 8, 2023, (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-10 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO YIELD RIGHT-OF-WAY INTERSECTIONS DESIGNATED). The ordinance removes the yield for Kentucky Street at its intersection with Nevada Avenue and establishes that Central Street will yield to Nevada Avenue in conjunction with reversing traffic flow on these streets. 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. AUGUST 8, 2023 23-415 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTY LOCATED AT 1514 OREGON STREET INITIATED BY: Haferman Property Management 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 1514 Oregon Street from Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD). ZONE CHANGE FROM URBAN MIXED USE (UMU) TO URBAN MIXED USE WITH PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTY LOCATED AT 1514 OREGON STREET BEING THE SOUTH 50.00 FEET OF LOTS 1, 2 AND 3 OF BLOCK 41 OF THE PLAT OF THE ORIGINAL THIRD WARD, EXCEPTING THE NORTH 1.50 FEET OF THE WEST 85.00 FEET, AND ALSO ½ OF THE ADJACENT OREGON STREET RIGHT-OF-WAY, ALL LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. AUGUST 8, 2023 23-415 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 URBAN MIXED USE DISTRICT (UMU) TO URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTY LOCATED AT 1514 OREGON STREET on August 8, 2023. This ordinance changes the zoning of the property located at 1514 Oregon Street from Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-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. ITEM: ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO URBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY(UMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLIMENTATION PLAN FOR PROPERTY LOCATED AT 1514 OREGON STREET Plan Commission Meeting of August 1, 2023 GENERAL INFORMATION Owner/Applicant: Haferman Property Management LLC Action(s) Requested: The applicant requests a zone change from the existing Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan to allow for construction of a ten (10) foot high fence surrounding an outdoor patio. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of one 0.169-acre parcel, located on the east side of Oregon Street south of W. 15th Avenue. The subject site is currently used by Pete’s Garage Bar. The surrounding area consists of a mix of one and two family residential homes and commercial uses as well. The 2040 Comprehensive Land Use Plan recommends City Center use for the subject site. Subject Site Existing Land Use Zoning Commercial UMU Adjacent Land Use and Zoning Recognized Neighborhood Organizations None ITEM III: Rezone & GDP/SIP 1514 Oregon St. 2 Existing Uses Zoning North Commercial UMU South Residential UMU East Residential UMU West Commercial/Residential UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City ANALYSIS Zone Change The applicant is requesting a zone change from the existing Urban Mixed Use (UMU) Zoning District to Urban Mixed Use with a Planned Development Overlay (UMU-PD) Zoning District. This request is intended to provide some flexibility to the zoning ordinance to allow for a ten (10) foot tall fence around an outdoor patio area in the rear yard of the subject site. The applicant had previously obtained the proper permits for a concrete patio area and is now asking for the fence height to be increased. The patio area plans will be addressed as part of the General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone to allow for the fence height adjustment. Use/Site Design The applicant was previously approved to construct an outdoor patio space with a handicap ramp, 6’ tall fence, and dumpster enclosure in the rear yard of the property. The additional site design change at this time is to construct a 10’ tall fence surrounding the outdoor patio area. The proposed fence would have a customer entrance off of the parking lot to the north. No change would be made the existing building. Therefore, the applicant is requesting a base standard modification to allow a fence that will exceed the 8’ tall maximum allowed in this zoning district. The proposed fence height would have been allowed prior to the 2017 zoning code update and similar previous projects have been supported. The applicant states several reasons for requesting the taller fence. The applicant believes the additional 2 feet of fence will help deter patrons from attempting to throw drink glasses, bottles, and cigarettes over the fence and on to adjacent properties. The applicant believes the additional height will also give patrons a better sense of enclosure within the patio. Lastly, the applicant believes the taller fence will help shield patron’s views of the dumpster area to the east, along with its potential bad odors. Planning Staff is in support of a base standard modification to allow the 10’ tall fence to help mitigate any noise pollution from the outdoor patio area onto neighboring ITEM III: Rezone & GDP/SIP 1514 Oregon St. 3 properties and to help screen the area as well. Additionally, the applicant plans to landscape the areas directly around the fence to beautify the site and break up the fence façade. Inspection Staff stated that 10’ tall fences are considered a utility structure under the IBC and that the applicant must provide calculation details to show how the fence will be anchored to resist wind and uplift forces and that modifications may be needed prior to permit issuance. This can be addressed during the permitting process for the additional fencing. ITEM III: Rezone & GDP/SIP 1514 Oregon St. 4 Old patio area ITEM III: Rezone & GDP/SIP 1514 Oregon St. 5 New patio area ITEM III: Rezone & GDP/SIP 1514 Oregon St. 6 Landscaping plan for around fencing Signage The applicant did not submit any information regarding signage. All future signage for the property will be addressed under a sign permit. Landscaping The applicant provided a landscape rendering, which indicates new landscaping on all three sides of the fence. Staff feel the landscaping being proposed will properly break up the fence façade from neighboring properties and is a good offset for the BSM request. Storm Water Management/Utilities No Storm water management plans have been provided for this project as it only relates to fence height. Building Facades No changes are being proposed to the existing building facades. ITEM III: Rezone & GDP/SIP 1514 Oregon St. 7 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. (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. 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. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (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. Staff recommends approval of the Rezone, General Development Plan, and Specific Implementation Plan with the findings listed above and the following conditions: ITEM III: Rezone & GDP/SIP 1514 Oregon St. 8 1. Base standard modification to allow a 10’ tall fence in the rear yard around outdoor patio area. The Plan Commission recommended approval of a zone change from urban mixed use district (UMU) to central mixed use district with planned development overlay(UMU- PD) and approval of a general development plan and specific implementation plan for property located at 1514 Oregon Street with findings and conditions on August 1, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Davey, Ms. Propp & Mr. Nichols reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan to allow for construction of a ten (10) foot high fence surrounding an outdoor patio. Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject site consists of a 0.169- acre parcel, located on the east side of Oregon Street south of W. 15th Avenue. The subject site is currently used by Pete’s Garage Bar. The surrounding area consists of a mix of one and two family residential homes and commercial uses as well. The 2040 Comprehensive Land Use Plan recommends City Center use for the subject site. The applicant is requesting a zone change from the existing Urban Mixed Use (UMU) Zoning District to Urban Mixed Use with a Planned Development Overlay (UMU-PD) Zoning District. This request is intended to provide some flexibility to the zoning ordinance to allow for a ten (10) foot tall fence around an outdoor patio area in the rear yard of the subject site. Previously Pete’s Garage had some decking in the rear of the building. This summer they applied for and obtained the proper permits for a concrete patio area and are now asking for the fence height to be increased to suit the area better for patrons. Therefore, the applicant is requesting a base standard modification to allow a fence that will exceed the 8’ tall maximum allowed in this zoning district. They provided a number of reasons why they are needing the proposed fence height. Planning Staff is in support of a base standard modification to allow the 10’ tall fence to help mitigate any noise pollution from the outdoor patio area onto neighboring properties and to help screen the area as well. Additionally, the applicant plans to landscape the areas directly around the fence to beautify the site and break up the fence façade. Inspection Staff stated that 10’ tall fences are considered a utility structure under the IBC and that the applicant must provide ITEM III: Rezone & GDP/SIP 1514 Oregon St. 9 calculation details to show how the fence will be anchored to resist wind and uplift forces and that modifications may be needed prior to permit issuance. This can be addressed during the permitting process for the additional fencing. Staff feel that the proposed landscaping does properly break up the fence façade and is a good offset for the BSM request. Staff recommends approval of the Rezone, GDP, and SIP with the findings as stated in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey asked if there was any kind of fence around the dumpster area. Mr. Nielsen stated the applicant is in the process of constructing a dumpster coral. 6’ tall minimum requirement. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Don Mathe for Pete’s Garage Bar, 1514 Oregon St, made himself 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Ms. Propp stated they have limited space on the lot, and have done a nice job with the work so far. She is in favor of this. Mr. Perry concurred. Motion carried 8-0 Citya 0~ Oshkosh APPLICANT INFORMATION City of Oshkosh Application Zoning Map Amendment (Rezoning) **PLEASE TYPE OR PRINT USING BLACK INK** SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh. Wisconsin 54903-1130 PHONE: (920) 236-5059 Petitioner: a~~et" H-~tt<Y"'4-- Petitioner' s Address: I S: 1'-l O<t 5 ll'A-St" Date: b/11/'J.()~3 City: OsLdtoi~ State:~Zip:~•.:Z.. Telephone#: (~1-o) :Z.l.t·..J8btc' Email: /14_,,..,.;/.1,-(.i+'-~ pck>?4-""'5« b..,, )ooS if:' Contact preference: Ill' Phone 18 Email Status of Petitioner (Please Check): , Owner Re~~esentative 9Tenant Prospective Buyer Petitioner's Signature (required)~ -c?: -=---Date: I It, /u;i.J OWNER INFORMATION Owner(s): (Pew I ltci..~-1 V"'-..._ Date: b /Iii U).1 Owner(s) Address: Jo I I W:; ij-u; \-"=)-<-A,,-< City: App 1-t ""-State: w~ Zip:~ Telephone #: (~'2.o) ?-J'.'1•((,._n Email: _______ _ Contact preference: IS Phone Email Ownership Status (Please Check): Individual Trust Partnership 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: h/11 /-l .. o,) ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: I S: I ':I O ft, ""-St D~ \.. \c. o~ '-... S"1\ 'f O '2. TaxParcelNumber(s): OJ OL.f8'.8'0000 Rezone property from : _ ___:U~tt-~\..,J,__ __________ to u Mv -PD Purpose for Rezoning:_li<.i..::.a:~'-'<"'-"'Oc:.Y\.-=i~ ........... +: .... o"---'4.c=I....,\~•~"->~~' =O_'~k-O~~C.-<-~A-~<~o~u~-~cl"--lf~~;t_,_o__,(.,,J/~l~,~~4~_,,.--- "l,C2"-a! g') Describe existing property development and land use: C ... o ·-t b:< ""-i c.JS•« ~, 11..e...)r-o Describe proposed development and/or proposed land use: tJ»+ J.oo< pJ-to (A\r~ ±:"-,.,,~ IA )t\.. 0.... IO' f<-rl\C.( 6 "-O o-< +':-: 1 (A\.f-c,.. .... ,l 5 •" ') il-t' Pro tim chedule for develo men! and/or use of the roP.erty~ , Zoning Adjacent lo !he Sile: North : __ <iJi=./ _...:,i.,.,_..t,....,\_._;~¥-"-s _,,fo.L....Co....::..X,:.._----------- South : _ _jRt=-«c.1)c.:..'• =.;"-::.~-=---'H.;_J.-'-'---------------- East : R.,•,d,1...._-kJ {.[."'-'-f. ,,.,J'> Jo~-d Frv-lo+'-,.•) West: Sign ___ Staff ___ Date Rec'd __ _ Page 7 City of Oshkosh SUBMIT TO : Dept. of Community Development 215 Church Ave .. P.O. Box 1130 a City~- o~ .Oshkosh Planned Development Application ~~~~i9~i5;;i~9 for General Development Plan or Specific Implementation Plan -PLEASE TYPE OR PRINT USING BLACK INK*" APPLICANT INFORMATION l'j)<.J'(.,f He..fe,.,...,o.."'--(tp .. ~l ac..-,,4..~,'r.>c.;'} Dote: h/11/?..o,._3 Petitioner: Petitioner's Address: IS I '-1. O,-c.~ • ... s-t. City: 0 s I.-. \c.o \ Stole: I.J~ Zip:~ :1. tJt1-il,oo-ti~..--~ Telephone#: (4M>) llLf· :ti U' Email: ptkr, .,,. "'1, 1,..,. 2/>t>f Cdntocl preference: 11!1 Phone jll Email Status of Petitioner (Please Check): jl Owner o Represen live Tenant D Prospective Buyer Petitioner's Signature (requi OWNER INFORMATION Dote: b/n /'l-4~J Owner(s): _ b/ II /J..>2-) Owner(s) Address: Jo 11 l.v H'(.< it 0..5 t Av< City: Ap, ),-h,,-... State: w.r Zip: _Ejj'/ Telephone#: (1l-o) '-l"I-Cl,._n Email: ________ _ Contact preference: l:J Phone 1111 Email Ownership Status (Please Check): o Individual o Trust o Partnership o 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 doles ore tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: ....:....~-.tf:.:<!J,,,-,!_...!.#+=if.!-=!:.-!,,:=======-=-==-----Dote: 6 /1, j?I >-3 -=--------------TYPE OF REQUEST: lli!l"'Generol Development Pion (GDP) D Specific Implementation Pion (SIP) General Development Pion (GDP) Amendment D Specific Implementation Pion (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: _,.!.l__.5"L..L..I Y,:L.__,_txc.c,_t~5_,,•c.:....._:::....,,Se....:tc:.. ________________ _ Proposed Project Type: _'R~e,_,);...,o.._Y\....,..,___,£.L-'rL.,o'-"-=------------------------- Currenl Use of Property: -~.,-C'"'--¼.,._,_i .. t> ____________________ .Zoning : UM\) Land Uses Surrounding Your Sile: North: _'j)L-~'-';-"l("-;rf-')_--r;.,_,,..,,.,)(L-------------------- South : _~~-e,._\,_,,_.e,l,,_._,,..,D...J..t,,_,· u,,,,,. ___________________ _ East : 1!-«,;olc"'HJ (fr.,.c• C!"ch )O'H-~ lo-I-lii-c') West: ---'D""-'-"-'-t-)5-=-0--="-~S<.!~.:...f"-'e"-t''------------------ It Is recommended that the appllcant meet with Plannlng Services staff prior to submlttal to discuss the proposal. Appllcallon fees are due at lime of submlttal. 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/Plonning.htm Sign ___ Stall ___ Date Rec'd __ _ Page 8 / Proposed grading plan . . . . . . . . . Specific landscaping plan for the subject site, spec1fy1ng the lo~?t1on, species, and 1n~tallat1on size of plantings. The landscaping plans shall inclu~e _a table s~mm<?nzmg all propose~ species. Architectural plans for any nonresidential buildings,_ m~l~1-family sti:uctur~s_, or build1_ng <:lus!ers, other than conventional single-family or two-family homes on 1nd1v1dual lots, 1n sufficient detail to 1nd1cate the floor area, bulk, and visual character of such buildings. . Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and walkways. . . . . . . . . Signage plan for the project, including all proiect 1denhf1cat1on signs, conc~pts 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 lhe·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 awa,e lhot lolu,e to ,ubmit the requlred~ompleted appllcollon motedab ..., ,e,ult m denial °' delay of the appUcotlon ,eque,t. =:::::::--. AppUcont •, Slgnaiu,e (<eq4.S Dole, A/u ) H;,3 3 Page 9 We are requesting a zoning change from UMU to UMU-PD. We are requesting this zone change to enable us to construct a 10’ fence around our patio at 1514 Oregon Street (Pete’s Garage Bar) on the North, South and east side. Only the south -side borders a lot line. Currently, the code for a commercial fence is 8’ tall. The request for the 10’ fence around the patio is for 4 reasons: 1) It benefits our neighbor to the south. This is the only side of the fence that borders the property line. We have built a good rapport with our neighbor, but we also know that having a bar next to them can be annoying. We can’t always control what goes over an 8’ fence, but a 10’ would definitely deter anything from flying over it (whether on accident or on purpose). This patio (as with the deck we used to have), also serves as an outdoor smoking lounge. Smokers aren’t always the most considerate when it comes to ridding their cigarette butts (even though there are ash trays everywhere). The higher fence would lessen (hopefully halt) the chance of cigarettes butts getting flicked onto the neighbor’s property. We certainly don’t anticipate any of this happening, but adjusting the fence height would hopefully offset the possibility in the future. 2) Aesthetically, a higher fence will give our patrons a better sense of being in an enclosed area, yet still being outside. An 8’ fence may still give them the impression that they are eating/drinking in the parking lot. 3) The extra 2’ would block the sight of the dumpsters on the East side of the patio. Dumpsters bring with them an amazing aroma and bees (And a slew of other pests). The proposed height would hopefully lessen the amount of bees by the patrons, thus, enhancing their outdoor dining experience. The fence would also block more of the odors coming from the trash dumpsters. 4) The Higher fence would absorb more noise and block more sound for the surrounding properties. Phillips Tax, the professional business to the north, would definitely appreciate that for their clients, as would the residential neighbors. Also, in lieu of being granted the higher fence, we will landscape around the entire patio. We currently have zero landscaping on our property, weeds excluded. I’ve included a list of plants and locations (on a separate page). This will help beautify the neighborhood and give a look that’s aesthetically pleasing. Page 10 1 0-- ('b C"'t-' -. p ,...__, ,,:, .,... . $) r- c:, "\ -~ I \I ~'/ // ' % / / r. ,. 41 '/"/,, •Ii ii / / it / . '/ ' I i . , y. II / {)'<>0 l1 11 ) I I ) • f / ., ;v~ X ~oJ • --~ • .\,.,., r / X i • / r/. . / / ' _J 9 ' //,, / ,..', • .,, J ! ~-,, , I] " 1 O' ,. .,. ., ft en (J1 0 - --~.,,,~OH -:: il 1/1 ~•"""Id," "'11 'f '1'1 7 '"'V ~,,,J ""-.Ji --' LU 50 n, $"q1~\J."'9Ff)~~ :0 f f,,D '-'f~w')j S > ~'-'a"i> vo,t S::. j r 1 in=Omi 1 in= 10 ft 10 5 0 --I Oty of Oshkosh mops and dale ae Intended to be used fa generol ldentlffcation purposes onty, and the Qty of Oshkosh assumes no Dabl~ty fcr the accuracy of the infoonatlon. Those using the information ae responsible fcr verifying accuracy. fa' full disclolmer please go to www.d.oshkosh.vA.us/GISdisclatmer Feet Printing Dale: 6/8/2023 L:\GIS_Maps\Planning Base Map-For Windows 10.mxd a City~· 0~ Oshkosh Prepcred by: Oty of Osrk05h, WI User: commdev Page 11 REZONE/GDP 1514 OREGON ST PC: 8-01-2023 MICHAELS SALON & SUITES LLC 1500 OREGON ST OSHKOSH, WI 54902 ASAP RENTALS LLC 1508 OREGON ST OSHKOSH, WI 54902 BAREFOOT STAYS LLC W1962 PLEASANT AVE MARKESAN, WI 53946 PAUL M BAHR 127 W 15TH AVE OSHKOSH, WI 54902 LAURA DUESTERHOEFT 1516 OREGON ST OSHKOSH, WI 54902 JENNIFER BAIER 1522 OREGON ST OSHKOSH, WI 54902 GEFFERS LLC 8275 PIONEER RD LARSEN, WI 54947 RICHARD A LUTTENBERGER JR 130 W 16TH AVE OSHKOSH, WI 54902 JOHN P/STACEY L GAVIN 126 W 16TH AVE OSHKOSH, WI 54902 STEPHEN R NELSON ETAL 1501 OREGON ST OSHKOSH, WI 54902 EDDY S BALY GARCES SR 1507 OREGON ST OSHKOSH, WI 54902 BLUE FROG PROPERTY MANAGEMENT LLC 126 E MAIN ST CAMPBELLSPORT, WI 53010 TWELVE FIVE HOLDINGS LLC 3706 BELLSTONE DR MIDLOTHIAN, VA 23112 HAFERMAN PROPERTY MANAGEMENT LLC 1514 OREGON ST OSHKOSH, WI 54902 PAUL HAFERMAN 3011 W HERITAGE AVE APPLETON, WI 54914 Page 12 W 16TH AV W 15TH AV W 1 4 T H AV A R I Z O N A S T NEBRASKA ST OREGON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/5/2023 1 in = 120 ft 1 in = 0.02 mi¯1514 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 13 E 14TH AV DOTY ST W 18TH AV W 16TH AV W 17TH AV IO W A S T MI N N E S O T A S T NEBRASKA ST W 16TH AV E 15 TH AV W 17TH AV IOWA ST NEBRASKA ST MINNESOTA ST PIONEER DR W 18TH AV E SOUTH PARK AV E 11TH AVW 11TH AV W 15TH AV W 10TH AV W 14TH AV W 12TH AV W 12TH AV W 15TH AV W 14TH AV W 11TH AV W 10TH AV ARIZONA ST AL A S K A S T BROCKWAY AV E 10TH AV S MAIN ST W SOUTH PARK AV OREGON ST Oshkosh City Limit Oshkosh City Limit CMU CMU CMU-PD HI I I III I I I-PD I-PD NMU RMU-PD RMU-PD-RFO SR-9 TR-10 UMU UMU UMU J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/5/2023 1 in = 500 ft 1 in = 0.09 mi¯1514 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 14 W 15TH AV W 16TH AV OREGON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/5/2023 1 in = 100 ft 1 in = 0.02 mi¯1514 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 15 AUGUST 8, 2023 23-416 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (RMU-PD) FOR PROPERTY LOCATED AT 1000 BAUMAN STREET INITIATED BY: Chris Amos PLAN COMMISSION RECOMMENDATION: Approved with findings and conditions. 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 1000 Bauman Street from the existing Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU-PD). ZONE CHANGE FROM RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (RMU-PD) FOR PROPERTY LOCATED AT 1000 BAUMAN STREET BEING ALL OF LOTS 1, 2, 3, AND 4 OF BLOCK 20, OSHKOSH LAND COMPANY’S PLAT AND PART OF VACATED BAUMAN STREET, AND ALSO THE EASTERLY ½ OF THE ADJACENT RIGHT-OF-WAY OF BAUMAN STREET, ALL LOCATED IN THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. AUGUST 8, 2023 23-416 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 RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (RMU-PD) FOR PROPERTY LOCATED AT 1000 BAUMAN STREET on August 8, 2023. This ordinance changes the zoning of the property located at 1000 Bauman Street from the existing Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU-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. ITEM: PUBLIC HEARING: ZONE CHANGE FROM RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (RMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 1000 BAUMAN STREET Plan Commission Meeting of August 1, 2023 GENERAL INFORMATION Owner/Applicant: Chris Amos Action(s) Requested: The applicant requests a zone change from the existing Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU- PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan for a water-related recreation (marina) use at 1000 Bauman Street. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 1.54-acre property located on the east side of Bauman Street, north of Tyler Avenue and is zoned Riverfront Mixed Use District (RMU). The site has historically been used as a private marina and is surrounded by residential uses and the Fox River to the east. The 2040 Comprehensive Land Use Plan recommends Light Density Residential use for the subject site. Subject Site Existing Land Use Zoning Marina RMU Recognized Neighborhood Organizations Marina District Adjacent Land Use and Zoning ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 2 Existing Uses Zoning North Vacant RMU South Public right-of-way RMU East Fox River West Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light Density Residential ANALYSIS Zone Change The applicant is requesting a zone change to add a Planned Development Overlay for the subject property. This request is intended to provide some flexibility to the zoning ordinance to accommodate site modifications. The applicant has submitted plans for a commercial marina use, which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will provide opportunity for enhancements to the site and will also allow for further review to mitigate potential impacts on neighboring residential properties. Rezone to RMU-PD ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 3 Use The applicant is proposing to utilize the site as a commercial marina. The applicant intends to use the marina for rental of boats, boat slips, and kayaks. Plans also include a 6’ wide boardwalk/fishing pier that will run along the river and has been approved by the Wisconsin DNR. They also plan to move an existing 10’ X 20’ shed to the east side of the marina (point between marina and river) to be utilized as a gift shop for sale of a small selection of beverages and summer supplies. A neighborhood meeting was held on June 19, 2023. Neighbors in attendance voiced concerns primarily related to traffic/parking in the neighborhood as a result of the public marina use, with some neighbors requesting “no parking” signs along Bauman Street. Concerns were also raised about beer sales, transient customers on boats, and additional users of the open space on site. Site plan ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 4 The commercial marina use is considered “water-related recreation” under the zoning ordinance, which is a conditional use in the Riverfront Mixed Use district (RMU). Water- related recreation (marina) uses require one parking space per watercraft kept on site. The applicant is proposing to have 18 boat slips within the marina and has submitted a plan showing 7 parallel parking stalls on-site. The applicant has coordinated with the Public Works and Transportation Departments to have 11 public parking stalls approved within the Bauman Street right-of-way, adjacent to the site. A base standard modification (BSM) is required to allow the proposed 18 boat slips with 7 on-site parking spaces. The 11 approved on-street parking stalls are intended to compensate for the remaining required parking spaces. The applicant has noted that they also intend to have 12 kayaks available on-site for rent. Staff recommends that Plan Commission determine if approving the requested on-site parking reduction is appropriate for this site. If deemed appropriate, staff recommends that one of the 18 boat slips be reserved for only kayak use if kayaks are kept on-site. Site Design The applicant is proposing to use the existing gravel area inside the fence for 7 parking stalls with one-way driveway access from Bauman Street. The site has an existing bathroom building and shed/gift shop on the west side of the site. The site plan shows the bathroom remaining in the existing location and the shed being relocated to the east side of the site. As no structures or paved areas are being added or expanded on the site, the impervious surface ratio will not change from existing. The proposed location of the 10’ X 20’ shed/gift shop on the east side of the marina will have an approximate 15’ setback from the Ordinary High Water Mark and appears to be within the Floodway established by FEMA. A BSM is required for the shed placement as code requires a 30’ setback from the Ordinary High Water Mark for structures within the RMU district and will also require approval from the Wisconsin DNR to allow placement within the Floodway. Staff does not have concerns with the setback reduction as relocation of the shed to the east side of the site is appropriate due to its proximity to the proposed boardwalk. Moving the shed from its current location on the west side of the site will also allow for increased open graveled area for vehicle parking/circulation. Signage This request does not include any additional signage. Site Lighting No new light fixtures are being proposed. ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 5 Landscaping As the request does not include new buildings or paved areas, no additional landscaping is required by code. To compensate for requested BSMs related to parking and setbacks, the applicant plans to install a combination of 6’ tall solid fencing (in place of the existing chain link fence) along with 20 arborvitae plantings on the street side of the existing gravel parking area. This is intended to provide a buffer from the neighboring residences to the west. A base standard modification is required for the 6’ tall solid wood fencing as code prohibits solid fencing in front yard areas and limits front yard fencing to a maximum of 4’ tall in the RMU district. Staff is supportive of the requested BSM as it will serve as a visual and noise buffer from the neighboring residences to the west and will be “broken up” with arborvitae plantings. Staff is recommending a condition that 660 medium/tall evergreen tree points (20 arborvitae) be provided on the street side of the proposed fencing to offset the proposed BSMs for parking reduction, setback reduction, and fence height/material. Storm Water Management/Utilities The Department of Public Works has noted that no site grading/fill will be allowed in the Floodway without prior FEMA approval. Building Facades No changes are being proposed to building facades. 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 Secti on 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), ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 6 making the subject property more appropriate for a different zoning district. 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 proposed ZONE CHANGE FROM RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (RMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 1000 BAUMAN STREET Specific Implementation Plan amendment be determined by Plan Commission with the findings listed above, and with the following conditions if approved: ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 7 1. Base Standard Modification to allow 7 on-site parking stalls where code, where code requires one parking space per watercraft kept on-site (18). 2. If kayaks are kept on-site, one of the approved boat slips shall be designated for kayak use only. 3. Base Standard Modification to allow reduced building setback for shed/gift shop to 15 ft., where code requires a 30 ft. setback from the Ordinary High Water Mark in the RMU district. 4. Base Standard Modification to allow 6 ft. tall solid fencing in front yard where code limits fencing to 50% opacity and 4 ft. tall in front yard areas. 5. A minimum of 660 evergreen tree landscaping points shall be provided on the street side of the proposed fence. 6. Final landscaping plan shall be reviewed and approved by the Department of Community Development. The Plan Commission recommended approval of the zone change from riverfront mixed use district (RMU) to riverfront mixed use district with a planned development overlay (RMU-PD) and approval of a general development plan & specific implementation plan for property located at 1000 Bauman Street with findings and conditions on August 1, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Davey, Ms. Propp, Mr. Nichols, & Mr. Loewenstein reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU- PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan for a water-related recreation (marina) use at 1000 Bauman Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject site is located on the east side of Bauman Street, north of Tyler Avenue and is zoned Riverfront Mixed Use District (RMU). The site has historically been used as a private marina and is surrounded by residential uses and the Fox River to the east. The applicant is requesting a zone change to add a Planned Development Overlay for the subject property. This request is intended to provide some flexibility to the zoning ordinance to accommodate site modifications. The applicant has submitted plans for a commercial marina use, which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will provide opportunity for enhancements to the site and will also allow for further review to mitigate potential ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 8 impacts on neighboring residential properties. The applicant is proposing to utilize the site as a commercial marina. The applicant intends to use the marina for rental of boats, boat slips, and kayaks. Plans also include a 6’ wide boardwalk/fishing pier that will run along the river and has been approved by the Wisconsin DNR. They also plan to move an existing shed to the east side of the marina (point between marina and river) to be utilized as a gift shop for sale of a small selection of beverages and summer supplies. A neighborhood meeting was held on June 19, 2023. Neighbors in attendance voiced concerns mostly related to traffic/parking in the neighborhood as a result of the public marina use, with some neighbors requesting “no parking” signs along Bauman Street. Water-related recreation (marina) uses require one parking space per watercraft kept on site. The applicant is proposing to have 18 boat slips within the marina and has submitted a plan showing 7 parallel parking stalls on-site. The applicant has coordinated with the Public Works and Transportation Departments to have 11 public parking stalls approved within the Bauman Street right-of-way, adjacent to the site. A base standard modification (BSM) is required to allow the proposed 18 boat slips with 7 on-site parking spaces. The 11 approved on-street parking stalls are intended to compensate for the remaining required parking spaces. The applicant has noted that they also intend to have 12 kayaks available on-site for rent. Staff recommends that Plan Commission determine if approving the requested on-site parking reduction is appropriate for this site. If deemed appropriate, staff recommends that one of the 18 boat slips be reserved for only kayak use if kayaks are kept on-site. The proposed location of the shed/gift shop on the east side of the marina will have an approximate 15’ setback from the Ordinary High Water Mark. Code requires a 30’ setback within the RMU district. Staff does not have concerns with the setback reduction as relocation of the shed to the east side of the site is appropriate due to its proximity to the proposed boardwalk. It will also allow for increased open graveled area for vehicle parking/circulation. They will need approval from the DNR as the proposed location of the shed looks to be within the floodway. To compensate for the requested BSMs the applicant is proposing to install 6’ solid wood fencing as well as twenty arborvitae plantings on the street side of the site. This is intended to provide a buffer from the neighboring residences to the west. They will also need a BSM for the 6’ tall solid wood fence seeing as code only allows up to fifty percent opacity for front yard fencing and a maximum height of 4’ tall in the RMU district. Staff is supportive of the requested BSM as that fencing will serve as a visual buffer and also noise buffer from the neighboring residences to the west. It will be broken up with the arborvitae plantings as well. Staff recommends approval or denial of the proposed Specific Implementation Plan amendment be determined by Plan Commission with the findings and conditions as stated in the staff report. Mr. Lyons stated the applicants took a site that was a private marina and changed it to a commercial marina. It has created more traffic. The marina would cover the cost of constructing the angled parking spaces to get them up to the bare minimum parking that ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 9 would be code required. Hopefully alleviating some of the neighborhood parking issues that exist out there today. Mr. Perry opened up technical questions to staff. Mr. Nichols asked if the angled parking would be public parking. Mr. Lyons stated it would be public parking, and anyone could use it. Mr. Nichols asked if the applicants are using a public right of way at the end of Tyler Avenue to access the lot. Is that still the case and would it be paved or remain gravel. Mr. Lyons stated it is an existing driveway access onto their site. It would remain intact as it is today. Mr. Kiefer asked if the angled parking is going onto their property . Mr. Lyons stated the applicant is dedicating 5’ of property for the parking to be located holey within the public right of way. It would be part of the street. It gets them to 18 stalls if you include the on-street parking which would be the number needed for 18 slips. Because they have kayaks it is staff’s opinion to have one of the stalls reserved for kayaks or the kayaks be removed. Ms. Propp stated it was difficult to view the site as it is under construction. She was wondering how wide the street will be. Mr. Gierach stated the stretch between Van Buren and Tyler Avenue will be a thirty-two- foot residential street width. The parking bay will be added on to that, to the outside of it. The street is a normal residential street width. Mr. Nichols asked if the Plan Commission has the power to impose no parking on the street. Mr. Lyons stated it would be the Transportation Board who would determine no parking areas. They weighed in on the angled parking several months ago. Mr. Perry asked if the applicant wanted to make any statements. Michael and Chris Amos, 1000 Bauman Street, thanked everyone in the City who has helped along the way. They listened to neighbors’ concerns and are trying to be good neighbors. June, July, and August are their busiest months. The rest of the year is by ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 10 appointment only. They are trying to improve the view of the property from the street and the river. They feel having a nicer looking fence with greenery versus the current chain link fence will make the property more pleasing visually. The new proposed parking should make it safer with traffic flow versus the current blind parking on the lawn. Putting a sidewalk out front will help keep people, kids, and trash out of the road, which was a concern of the neighbors. They want to match the look of the neighboring properties to the north and south by cleaning up the property and making it look nice and inviting. This year they made their fleet of rentals smaller and staggered start times of their rentals, to help with the flow of parking and traffic. They want to help people enjoy the waterways in Oshkosh. Ms. Propp stated it will be a huge improvement if they are able to accomplish this. She had concerns with the number of boat stalls, because it looked like a lot during her visual inspection. Michael Amos stated they have come to realize they can facilitate 18 boats, including their rental boats. Most of their rental slips for other consumers are for pontoon boats. Ms. Propp talked about the number of cars, per boat, that may need parking. Mr. Perry asked for any public comments. Tiffany Kunde, 1018 Van Buren Avenue, is concerned with the fence along the north. She agrees the fence and trees will look really nice, but wondering if consideration can be made to make it not full privacy fencing. She likes the view of the river from her home and does not want it blocked. Laura Crichton, 1039 Tyler Avenue, has the same concerns as the prior neighbor. She talked about a large and ugly snow fence that the marina put up. The current view from Tyler Avenue is of a gray snow fence when it used to be a nice riverfront. She thinks a 6’ tall fence with no view of the river for the surrounding neighbors is not a neighborly thing to do. She also has concerns with the extra traffic and parking. She is wondering if the parking is adequate. The extra traffic is not wanted. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Michael Amos stated they are paying $77,000 for the parking stalls. After talking to the neighbors and with the noise concerns, they decided to put up a fence, and thought the wood fence would look nicer than the grey fence. ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 11 Mr. Loewenstein had concerns with the number of boats and amount of traffic. Wondering if Plan Commission could reduce the number of allowable rental spaces a bit to control some of these issues. Mr. Lyons stated they could condition it on a lower number if they want. At the neighborhood meeting in June there were mixed opinions on the street parking. Some neighbors wanted no parking on the street and others disagreed with that. Mr. Nichols talked about the marina’s non-compliance today. There are limited parking spots currently and 18 boats. Mr. Lyons stated the marina is presently in violation of the zoning ordinance. The requirement of one parking spot per slip is the local zoning requirement. The Base Standard Modification, if approved, would allow 7 on-site parking stalls. Mr. Esslinger wanted to know the parking impact in the area. Mr. Loewenstein talked about how the City is allowing a right of way to be turned into additional public parking, the additional 11 angled parking spots. Mr. Perry talked about how some sort of study might help the Council make their ultimate decision. Mr. Lyons talked about the possibility of doing some parking counts over the next couple of weeks. Mr. Esslinger wants it to be a requirement that the neighbors get a copy of the parking numbers prior to the Council meeting. Mr. Lyons talked about the possibility of maybe delaying it going to Council. Bauman Street is currently torn up, so will have to figure out if it is possible to get some numbers. Motion by Nichols to accept the findings as stated in the staff report, as modified as follows: 1. No more than 18 watercraft on site, since we are tying it to number of boat slips. 2. There will be a study done, by who the council would appoint, to determine how many parking spots could exist on that piece of property, and impact on street parking overall. 3. Delay the first reading of Council, for the GDP/SIP, in order to provide notice to the neighbors of what the next steps are, relative to the traffic study. Seconded by Davey. ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 12 Mr. Esslinger stated that instead of Council, it should be staff. Motion by Nichols to amend Council to City staff for number 2: There will be a study done, by City staff, to determine how many parking spots could exist on that piece of property, and impact on street parking overall. Seconded by Esslinger. Ms. Propp thinks Plan Commission should not come up with an arbitrary number of boat stalls. It will affect the owner’s bottom line. States the angled parking in the right of way area will be a huge improvement. Anyone can use them. Ms. Davey agrees. Stated the owner is also giving up part of their property for parking. She sees the 11 public parking stalls as a benefit, and supports the off-street parking. As far as if you have no parking signs, or not, if they are on the opposite side of the street from 11 public parking stalls it is probably a safety issue when backing up. She supports the 11 stalls, or less as determined by some other entity. Or more. Mr. Perry asked if there was any more discussion on the motion. Motion carried 8-0. Mr. Bowen left at 5:09pm. Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 REZONE/GDP/SIP 1000 BAUMAN ST PC: 8/1/2023 JACK W/TAMARA J KOEPKE 1021 COOLIDGE AVE OSHKOSH, WI 54902 LISA R JUHLKE 1015 COOLIDGE AVE OSHKOSH, WI 54902 KALLIE SCHELL 1005 COOLIDGE AVE OSHKOSH, WI 54902 KARI B WANISH/MELISSA PIETERS 815 BAUMAN ST OSHKOSH, WI 54902 ELROY L/KATHLEEN M PETERMANN 1002 ADAMS AVE OSHKOSH, WI 54902 JOYCE A FRANK 1010 ADAMS AVE OSHKOSH, WI 54902 ERIC L/KELLY D RENNERT 1043 TYLER AVE OSHKOSH, WI 54902 LAURA CRICHTON 1039 TYLER AVE OSHKOSH, WI 54902 KIM E BUHROW 1033 TYLER AVE OSHKOSH, WI 54902 PATRICIA J EBERSBERGER LIFE ESTATE 1023 TYLER AVE OSHKOSH, WI 54902 CAITLIN N SMITH 1019 TYLER AVE OSHKOSH, WI 54902 TRACEY L LEWIS 1007 TYLER AVE OSHKOSH, WI 54902 ANDREW M HARRIS 2898 NEWPORT AVE OSHKOSH, WI 54904 ERNESTINE BOSQUEZ 905 BAUMAN ST OSHKOSH, WI 54902 SHALER C FIEGE 1012 COOLIDGE AVE OSHKOSH, WI 54902 KELLY K/SHANNON R SKIFSTAD 1018 COOLIDGE AVE OSHKOSH, WI 54902 KATHY K FREES 1026 COOLIDGE AVE OSHKOSH, WI 54902 KEVIN M/AMANDA J STEIN 1765 HUNTERS GLEN DR OSHKOSH, WI 54904 SHARON K OLAUGHLIN LIFE ESTATE 1042 COOLIDGE AVE OSHKOSH, WI 54902 AMY L TAPLIN 1045 VAN BUREN AVE OSHKOSH, WI 54902 MONICA HURKMAN 1037 VAN BUREN AVE OSHKOSH, WI 54902 CHRISTOPHER M MILLS 1027 VAN BUREN AVE OSHKOSH, WI 54902 THOMAS R MAURITZ 1015 VAN BUREN AVE OSHKOSH, WI 54902 JOHN R SCHMIDT 1013 VAN BUREN AVE OSHKOSH, WI 54902 ANNETTE GRAY 1001 VAN BUREN AVE OSHKOSH, WI 54902 SANDRA HARTMANN IRREV TRUST 1894 SCARLET OAK TRL OSHKOSH, WI 54904 TC PROPERTIES OF THE FOX VALLEY LLC W2402 TREE LINE CT APPLETON, WI 54915 AMANDA CLARK 1032 TYLER AVE OSHKOSH, WI 54902 BRYAN J/JEANNA E LIENHARD 5401 COUNTY ROAD K OSHKOSH, WI 54904 Page 15 JEFFREY R GEIGER 1042 TYLER AVE OSHKOSH, WI 54902 BARBARA A GOYKE 1023 ARTHUR AVE OSHKOSH, WI 54902 JAMES D HANSEN 1017 ARTHUR AVE OSHKOSH, WI 54902 PAUL A HUEBNER/ROXANE M MUELLER 1003 ARTHUR AVE OSHKOSH, WI 54902 DONALD J SCHETTLE 1021 BAUMAN ST OSHKOSH, WI 54902 SAMUEL K SEIBOLD 1012 VAN BUREN AVE OSHKOSH, WI 54902 LUCAS W/TIFFANY A KUNDE 1018 VAN BUREN AVE OSHKOSH, WI 54902 CHRISTOPHER W/GINA M PITSCH 1044 VAN BUREN AVE OSHKOSH, WI 54902 KEITH R SMITH 1008 ARTHUR AVE OSHKOSH, WI 54902 FOX HARBOR MARINA LLC 1000 BAUMAN ST OSHKOSH, WI 54902 JAMES F/SUSANNE K LEMBERGER REV TRUST 904 BAUMAN ST OSHKOSH, WI 54902 VICKI CHRISTMAN 818 BAUMAN ST OSHKOSH, WI 54902 NATHAN S/DEBRA J WEYENBERG 901 COOLIDGE AVE OSHKOSH, WI 54902 JAMES B/SUSAN STEINER 895 COOLIDGE AVE OSHKOSH, WI 54902 JERALD W/SHARLENE M KUIPER 897 COOLIDGE AVE OSHKOSH, WI 54902 DAVID J NICHOLS/LEE M STRATTON 800 BAUMAN ST OSHKOSH, WI 54902 ELIZABETH A HEMMINGHAUS 1026 PIERCE AVE OSHKOSH, WI 54902 BERNARD W PITZ 617 W IRVING AVE OSHKOSH, WI 54901 WAYNE R/SHARON J GAYHART 1110 BAUMAN ST OSHKOSH, WI 54902 KENNETH C/MARCIA A RASMUSSEN REV TRUST 1120 BAUMAN ST OSHKOSH, WI 54902 ERROL R SPRINGER 2495 APPLE CREEK CT DE PERE, WI 54115 NICHOLAS A THOMA PO BOX 208 BERLIN, WI 54923 TERRY L/DIANE M SCHROEDER 1010 BAUMAN ST OSHKOSH, WI 54902 BETHANY R PERONA 1025 COOLIDGE AVE OSHKOSH, WI 54902 CHRIS AMOS 1922 MITCHELL ST OSHKOSH, WI 54901 Page 16 A R T H U RAV B A U M A N S T VAN BUREN AV TYLER AV COOLIDGE AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2023 1 in = 120 ft 1 in = 0.02 mi¯1000 BAUMAN 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 17 G G O O SS SS C C TT DOVE ST RUSH AV TAFT AV ADAMS AV PIERCE AV COOLIDGE AV VAN BUREN AV AR THUR AV R O C K W E LL A V GRAHAM AV W NEW YORK AV N C A M PBELL R D P E A R L A V R AIN B O W D R BUCHANAN AV B A U M A N S T PIERCE AV V I N E A V C O N G R E S S AV ARTHUR AV ADAMS AV TAFT AV COOLIDGE AV VAN BUREN AV FILLMORE AV TYLER AV RUSH AV C O N G R E S S A V S U M M IT A V FOX ST JOSSLYN ST A L G O M A B L V D N SAWYER ST OSHKOSH AV E L M W O O D A V CONGRESS A VHIGH AV H I G H A V I I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD-UTO MR-12 MR-20 MR-20 MR-20-PD MR-20-RFO RMU RMU RMU RMU-PD RMU-RFO SR-5 SR-5 SR-5 SR-5 SR-5 SR-9 SR-9 SR-9 TR-10 UI-RFO UMU UMU UMU UMU UMU-RFO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2023 1 in = 500 ft 1 in = 0.09 mi¯1000 BAUMAN 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 18 B A U M A N S T VAN BUREN AV TYLER AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2023 1 in = 100 ft 1 in = 0.02 mi¯1000 BAUMAN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 19 THERE ARE NO ATTACH MENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACH MENTS ASSOCIATED WITH THIS ITEM THERE ARE NO ATTACH MENTS ASSOCIATED WITH THIS ITEM City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options Council to further discuss options at 8/29/2023 budget workshop.9/12/2023 Staff reviewing impact on proposed transportation fees for other communities. 6/9/2020 City Manager Community Conversations to address racism City Manager attended National Night Out to meet with various community groups. 9/30/2023 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. Staff met with Day By Day on issues associated with new facility and are making various adjustments to address concerns. 9/30/2023 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.9/30/2023 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). Governor signed AB245 into law. City will receive 20% increase in shared revenue in 2024. 12/31/2023 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.9/30/2023 Downtown study underway. 5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non- infrastructure purposes. Staff is preparing final contracts based on new federal regulations. 9/30/2023 1/10/2023 DPW/Legal Sanitary District Negotiations Staff is planning to meet with District representatives within the next month to review the latest draft agreement. 9/12/2023 Upcoming closed session may be necessary. 8/8/2023 Council Meeting