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09.26.23 FULL AGENDA
OSH KO SH C OMMO N C O UN C IL A GEN DA C OU NC IL C H AMB ER S, C ITY H A LL OSH KO SH , WISC ON SIN Se pte m ber 26, 2023 **R EVISED 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 the Council, mail it to the City Manager, place it in the City Hall Dr opbox, or email it to council@ci.oshkosh.wi.us, (pr ior to the Council meeting). A.CLOSED SESSION (City Manager's Office, City Hall, 5:00 PM): The Common Council may convene into Closed Session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to discuss bargaining options, strategy, parameters & terms related to the negotiation of sanitary sewer service agreements with the Algoma, Sunset Point, Island View, Edgewood Shangri-La, Winnebago Area and Blackwolf Sanitary Districts where competitive bargaining reasons require a closed session. B.CALL TO ORDER C.ROLL CALL D.INVOCATION - VOTING FIRST: Council Member Buelow E.PLEDGE OF ALLEGIANCE Lourdes Academy High School F.PRESENTATION Wisconsin Historical Society's 2023 Board of Curators Museum Exhibit Award for the Oshkosh Public Museum's Exhibit "Helen Farnsworth Mears: A Genius of Wisconsin," Presented by Christian Overland, the Ruth and Hartley Barker Director and CEO of the Wisconsin Historical Society G.CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; they must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) If you require more time please inform the Mayor at the beginning of your presentation. H.CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1.Report of Bills by the Finance Director 2.Receipt & Filing of Meeting Minutes - Common Council Meeting 09.12.23 3.Receipt & Filing of Meeting Minutes - Oshkosh Public Museum Board Meeting 06.01.23 4.Receipt & Filing of Claim Filed with the City's Insurance Company: Ferch 5.Res 23-479 Approve Renewal of Employee Health and Dental Insurance for 2024 6.Res 23-480 Award Bid to Axiom, Inc. for Selective and Cantilever Racking for Electric Division ($50,519.00) 7.Res 23-481 Approve and Execute Relocation Order to Acquire Property located at 222 Pearl Avenue for GO Transit Downtown Transit Center Expansion 8.Res 23-482 Approve Agreement for Assistance with Performance and Management of a Potable Water System Backflow Control Program / HydroCorp, Inc. ($210,744) 9.Res 23-483 Approve Purchase of Wetland Mitigation Credits for Sawyer Creek Watershed Rural II Detention Basin ($585,000) 10.Res 23-484 Approve Museum Operating Budget Amendment for Oshkosh Area School District Education Foundation Donation for Teachers Night Out ($500) 11.Res 23-485 Approve Museum Operating Budget Amendment for Fifth Ward Sponsorship for Teachers Night Out ($500) 12.Res 23-486 Approve Museum Operating Budget Amendment for Community First Credit Union Sponsorship of Día de los Muertos 2023 ($1,000) 13.Res 23-488 Approve Conditional Use Permit Request for an Adaptive Reuse at 204 Church Avenue (Plan Commission Recommends Approval) 14.Res 23-489 Approve General Development Plan and Specific Implementation Plan for Property Located at 3463 Compass Way (Plan Commission Recommends Approval) 15.Res 23-490 Approve Amendment to TID #43 Development Agreement with The Mill on Main PH 1, LLC 16.Res 23-491 Approve Amendment to TID #40 Development Agreement with MK Lofts, LLC 17.Res 23-492 Approve Acceptance of Community Development Investment Vibrant Spaces Program Grant from Wisconsin Economic Development Corporation ($32,750.00) 18.Res 23-493 Approve Acceptance of a Donation from the Friends of the Oshkosh Seniors Center Inc., and Amend the 2023 Senior Services Division Program Budget ($4,900) 19.Res 23-494 Approve Special Event - Christine Ann Domestic Abuse Services, Inc. to Utilize City Streets for the Take Back the Night Event, October 17, 2023 20.Res 23-495 Approve Special Event - Oshkosh West High to Utilize City Streets for Their Homecoming Parade, September 29, 2023 21.Res 23-496 Approve Special Event - Compassus Hospice to Utilize the Oshkosh Seniors Center & William Steiger Park Parking Lot for the Annual Remembrance Gathering, October 26, 2023 22.Res 23-497 Approve Block Party - Amy Mehling to Utilize Templeton Place for a Neighborhood Block Party, October 22, 2023 23.Res 23-498 Approve Combination "Class B" Beer/Liquor License Surrender and Issuance of Combination "Class B" Beer/Liquor License (Applebee's) 24.Res 23-499 Approve Special Class "B" Licenses I.ITEMS REMOVED FROM CONSENT AGENDA 25.Res 23-487 Approve Conditional Use Permit Request for an Adaptive Reuse at 2501 Harrison Street (Plan Commission Recommends Approval) J.PENDING ORDINANCE 26.**Ord 23-500 Approve Zone Change for the Property Located on the 500 Block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street (Plan Commission Recommends Approval) K.NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) 27.** *Ord 23-501 Approve Zone Change from Single Family Residential-9 District (SR-9) to Institutional District (I) for Property Located on the South Side of the 100 Block of West Custer Avenue (Parcel #1500740100) 28.** *Ord 23-502 Approve Zone Change from Two Flat Residential-10 Zoning District with a Planned Development (TR-10-PD) to Central Mixed Use Zoning District (CMU) for the Property Located at 17 East Parkway Avenue 29.*Ord 23-503 Amend Parking Regulations on North Side of Ripple Avenue from Oregon Street to Western Terminus (Transportation Committee Recommends Approval) 30.*Ord 23-504 Amend Parking Regulations on the West Side of Brown Street from Algoma Blvd to High Ave (Transportation Committee Recommends Approval) 31.*Ord 23-505 Amend Parking Regulations on Union Avenue at Algoma Boulevard (Transportation Committee Recommends Approval) 32.*Ord 23-506 Amend Loading Zone to Bus Loading Zone on the North Side of New York Avenue from Kentucky Street to Central Street (Transportation Committee Recommends Approval) L.NEW RESOLUTIONS 33.Res 23-507 Approve Spot Blight Designation for Parcels #0402240000 and #0402230000 on the 600 block of North Main Street 34.Res 23-508 Approve Acquisition of Properties Located at 656 North Main Street, Parcels #0402240000 and #0402230000 ($300,000) 35.Res 23-509 Approval of Non-Contractual Sanitary Sewer Rates for Wholesale Customers M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 36.Direction to Staff Regarding Water Filtration Plant Clearwell Building Façade and Lake Shore Drive Alignment in Relation to the Clearwell Replacement Project 37.Future Agenda Items A. Red Earth Project on Lake Butte des Morts Drive Update 38.Future Workshops A. 2024 Budget Workshops, October 30 & 31, 2023 N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 39.Outstanding Issues P.ADJOURN TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Russ Van Gompel, Director of Finance D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Report of Bills by the Finance Director B A C KGRO UN DBACKGROUND The items below are being presented for approval by the Council. These items have been properly audited and certified by the City Comptroller and are herewith submitted for your allowance in the amount of $4,269,904.24. Bills paid September 8 and September 15, 2023 $3,135,419.76 Payroll paid September 15, 2023 $1,134,484.48 A t t a chment sAttachments 0908 checkrun 0915 checkrun CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 8130 09/08/2023 ADVANCED ASBESTOS REMOVAL INC 4,335.00 8131 09/08/2023 AIRGAS USA LLC 3,282.35 8132 09/08/2023 APPLETON SIGN COMPANY 4,715.29 8133 09/08/2023 AREA WATERPROOFING & CONCRETE 33,450.00 8134 09/08/2023 CAREW CONCRETE & SUPPLY CO INC 2,005.50 8135 09/08/2023 CINTAS CORPORATION NO 2 544.25 8136 09/08/2023 CONWAY SHIELD 86,118.00 8137 09/08/2023 CORE AND MAIN LP 40,298.00 8138 09/08/2023 ENVISIONINK PRINTING SOLUTIONS INC 363.00 8139 09/08/2023 EVOQUA WATER TECHNOLOGIES LLC 10,316.37 8140 09/08/2023 HOLIDAY WHOLESALE 652.94 8141 09/08/2023 HOUCK TRANSIT ADVERTISING 320.00 8142 09/08/2023 HYDRITE CHEMICAL CO 7,584.47 8143 09/08/2023 HYDRO CORP 6,187.00 8144 09/08/2023 JOHNSON CONTROLS US HOLDINGS LLC 733.80 8145 09/08/2023 JUSTIFACTS CVS INC 675.38 8146 09/08/2023 KEMIRA WATER SOLUTIONS INC 20,099.02 8147 09/08/2023 KONE INC 1,409.40 8148 09/08/2023 L AND S TRUCK CENTER 1,831.58 8149 09/08/2023 LEE BEVERAGE 1,077.88 8150 09/08/2023 MACHINE SERVICE INC 1,681.30 8151 09/08/2023 MICHELS ROAD AND STONE, INC 1,151.97 8152 09/08/2023 NORTHEAST ASPHALT INC 30,339.93 8153 09/08/2023 NORTHERN LAKE SERVICE INC 1,409.51 8154 09/08/2023 OSHKOSH CITY CAB CO INC 101,574.00 8155 09/08/2023 PLYMOUTH LUBRICANTS 7,930.19 8156 09/08/2023 POLYDYNE INC 36,630.00 8157 09/08/2023 PRIMADATA LLC 13,368.67 8158 09/08/2023 PROFESSIONAL SVC INDUSTRIES 10,190.48 8159 09/08/2023 PSYCHOLOGIE CLINIQUE SC 1,725.00 8160 09/08/2023 QUALITY TRUCK CARE CENTER INC 5,807.15 8161 09/08/2023 RED SHOES INC 4,750.00 8162 09/08/2023 REINDERS INC 42,956.38 8163 09/08/2023 SECURIAN FINANCIAL GROUP INC 22,499.36 8164 09/08/2023 SERVICEMASTER BLDG MAINTENANCE 6,355.34 8165 09/08/2023 TYLER TECHNOLOGIES INC 350.00 8166 09/08/2023 TRANSCAT INC 3,913.20 8167 09/08/2023 VANGUARD COMPUTERS INC 449.00 8168 09/08/2023 VENTEK INTERNATIONAL 619.00 8169 09/08/2023 WI PUBLIC SERVICE CORP 82.98 8170 09/08/2023 WI PUBLIC SERVICE CORP 26,697.76 8171 09/08/2023 WILLIS TOWERS WATSON MIDWEST INC 82,304.75 504380 09/08/2023 ADAM KRAUSE 7.21 504381 09/08/2023 ALEXANDER CHEMICAL CORPORATION 25,894.80 504382 09/08/2023 AMERICAN STATE EQUIP CO INC 1,094.13 504383 09/08/2023 ANDREW J PRICKETT 95.63 504384 09/08/2023 APPLIANCE TECH INC 280.00 504385 09/08/2023 AT & T 235.00 504386 09/08/2023 BOUND TREE MEDICAL LLC 2,734.95 504387 09/08/2023 BRAD FOX 60.79 504388 09/08/2023 BRANDON C NIELSEN 15.72 504389 09/08/2023 CARYN BEHLMAN 165.06 504390 09/08/2023 CASEY KOELBL 83.19 504391 09/08/2023 CHRIS HAEDT 101.53 504392 09/08/2023 CHRIS ROMANOWICZ 113.18 504393 09/08/2023 CODY RUKAMP 174.99 504394 09/08/2023 KELLY A KENT 800.00 504395 09/08/2023 CURT KLASKE 23.58 504396 09/08/2023 DOA-DIV OF ENERGY HOUSING & COMM RES 535.81 504397 09/08/2023 DUNCAN SOLUTIONS LLC 5,846.85 504398 09/08/2023 EMMA DZIENGELESKI 76.64 504399 09/08/2023 FIRST AMERICAN TITLE INSURANCE COMPANY 142.76 504400 09/08/2023 FIDELITY NATIONAL TITLE COMPANY 62.48 504401 09/08/2023 FOCUS PROPERTIES LLC 100.88 504402 09/08/2023 GALLS LLC 278.36 504403 09/08/2023 GARTMAN MECHANICAL SERVICES 22,040.00 504404 09/08/2023 GUARANTY TITLE SERVICES INC 30.00 504405 09/08/2023 HENRY SCHEIN INC 2,992.31 504406 09/08/2023 HERNANDEZ ANDRES G 82.02 504407 09/08/2023 INFOUSA MARKETING INC 1,482.00 504408 09/08/2023 JANICE L ROGERS 11.14 504409 09/08/2023 JEFFREY WITTE 168.79 504410 09/08/2023 JERRY FABISCH 136.24 504411 09/08/2023 JESSICA LOMENA 1,333.00 504412 09/08/2023 KENNETH L GRESSER 66.81 504413 09/08/2023 KUSSMAUL ELECTRONICS CO INC 914.78 504414 09/08/2023 TRISHA MCKEON 75.07 504415 09/08/2023 MIGUEL A NUNEZ 10.00 504416 09/08/2023 NICOLE KRAHN 117.25 504417 09/08/2023 NICOLET INVESTMENTS OF OSHKOSH LLP 55.29 504418 09/08/2023 Trudy Iervolino 35.00 504419 09/08/2023 OSHKOSH CHAMBER OF COMMERCE 5,550.00 504420 09/08/2023 PERFORMANCE ELEVATOR CONSULTING LLC 3,209.00 504421 09/08/2023 RAYS SANITATION LLC 150.00 504422 09/08/2023 REALTORS ASSOCIATION OF NORTHEAST WISCONSIN INC 325.00 504423 09/08/2023 REGISTRATION FEE TRUST 339.00 504424 09/08/2023 RISE LEADERSHIP LLC 500.00 504425 09/08/2023 SARAH DANAHY 455.00 504426 09/08/2023 SCHMITT TITLE LLC 118.86 504427 09/08/2023 CHARLES OR JAMIE THIBODEAUX 107.21 504428 09/08/2023 TITAN PROPERTY MANAGEMENT LLC 43.15 504429 09/08/2023 TODD MUEHRER 25.55 504430 09/08/2023 TRUGREEN PROCESSING CENTER 1,371.21 504431 09/08/2023 UMS PRINT SOLUTIONS 443.18 504432 09/08/2023 UNITED PARCEL SERVICE 223.66 504433 09/08/2023 US BANK TRUST 500.00 504434 09/08/2023 US SIGNAL COMPANY LLC 23.73 504435 09/08/2023 VECTOR SOLUTIONS 11,199.80 504436 09/08/2023 HANNAH E WARE 212.31 504437 09/08/2023 WI DEPT OF FIN. INSTITUTIONS 20.00 504438 09/08/2023 WI PUBLIC SERVICE CORP 1,303.61 504439 09/08/2023 WILMA ENGLE ESTATE 44.71 504440 09/08/2023 ZILLGES MATERIALS INC 216.00 723,639.42 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 8172 09/15/2023 JOHNSON FITNESS & WELLNESS 518.00 8173 09/15/2023 AUTOMATED COMFORT CONTROLS INC 736.05 8174 09/15/2023 ADOBE SYSTEMS INC 2,291.76 8175 09/15/2023 AXCEL TECHNOLOGY LLC 6,375.00 8176 09/15/2023 CAREW CONCRETE & SUPPLY CO INC 20,205.00 8177 09/15/2023 CASEY M CANADY 55.02 8178 09/15/2023 CENTRAL TEMP EQUIPMENT SERVICE 883.42 8179 09/15/2023 CENTURYLINK 36.56 8180 09/15/2023 CHEMTRADE CHEMICALS US LLC 8,151.55 8181 09/15/2023 CINTAS CORPORATION NO 2 998.25 8182 09/15/2023 DFI SOLUTIONS IN PRINT INC 5,492.01 8183 09/15/2023 ENTERPRISE LIGHTING LTD 947.32 8184 09/15/2023 FERGUSON WATERWORKS #1476 3,830.07 8185 09/15/2023 FERGUSON ENTERPRISES LLC #3325 2,153.25 8186 09/15/2023 FRANK CONTRACTORS LLC 5,348.94 8187 09/15/2023 GARROW OIL CORP 25,087.29 8188 09/15/2023 JEFFERSON FIRE & SAFETY 39,964.31 8189 09/15/2023 JFTCO INC 419.24 8190 09/15/2023 JOSEPH M STANDIFORD 117.90 8191 09/15/2023 JOSSART BROTHERS INC 60,806.44 8192 09/15/2023 K AND C PEST CONTROL LLC 200.00 8193 09/15/2023 LEE BEVERAGE 26.10 8194 09/15/2023 MICHELS ROAD AND STONE, INC 1,463.46 8195 09/15/2023 NORTHEAST ASPHALT INC 31,789.99 8196 09/15/2023 NORTHERN LAKE SERVICE INC 1,508.19 8197 09/15/2023 PROFESSIONAL SVC INDUSTRIES 10,912.45 8198 09/15/2023 P T S CONTRACTORS INC 515,931.61 8199 09/15/2023 SIGNIFY NORTH AMERICA CORPORATION 20,961.20 8200 09/15/2023 SMITHGROUP INC 6,000.00 8201 09/15/2023 STORM COMPANIES INC 3,225.00 8202 09/15/2023 MCCLONE 92,860.00 8203 09/15/2023 ON TIME EMBROIDERY INC 2,586.50 8204 09/15/2023 VINTON CONSTRUCTION INC 6,451.02 8205 09/15/2023 WI PUBLIC SERVICE CORP 208,839.79 504441 09/15/2023 ACCU COM INC 4,650.00 504442 09/15/2023 ADVANCE CONSTRUCTION INC 85,185.57 504443 09/15/2023 AFFORDABLE CONTRACTING SERVICES 20,700.06 504444 09/15/2023 ALEXANDER CHEMICAL CORPORATION 27,212.16 504445 09/15/2023 ASSURANCE TITLE SERVICES INC 24.94 504446 09/15/2023 AT & T 2,156.10 504447 09/15/2023 BAY TITLE & ABSTRACT 57.46 504448 09/15/2023 BAYCARE AURORA LLC 20.40 504449 09/15/2023 BORGEN PROPERTIES LLC 34.47 504450 09/15/2023 BOUND TREE MEDICAL LLC 1,809.21 504451 09/15/2023 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 591,086.26 504452 09/15/2023 BRITTNEY MEYER 40.61 504453 09/15/2023 CAP SERVICES INC 880.50 504454 09/15/2023 CAROW LAND SURVEYING CO INC 14,850.00 504455 09/15/2023 SCOTT CEMAN 211.50 504456 09/15/2023 CHRISTINE ANN DOMESTIC ABUSE 5,000.00 504457 09/15/2023 CHRISTOPHER GORTE 54.97 504458 09/15/2023 CRAIG A RAMTHUN 75.98 504459 09/15/2023 CREATIVE SIGN COMPANY INC 34,964.00 504460 09/15/2023 DOA-DIV OF ENERGY HOUSING & COMM RES 352.87 504461 09/15/2023 JASON TRACY 92.76 504462 09/15/2023 ENRIQUE ORTEGA 42.58 504463 09/15/2023 GEAR WASH LLC 3,000.00 504464 09/15/2023 GALLS LLC 283.92 504465 09/15/2023 GARTMAN MECHANICAL SERVICES 4,782.73 504466 09/15/2023 GUNDERSON CLEANERS INC 1,272.05 504467 09/15/2023 HENRY SCHEIN INC 1,401.76 504468 09/15/2023 HOUSEAL LAVIGNE ASSOCIATES LLC 8,325.00 504469 09/15/2023 IAN JACOB SEAHOLM 100.00 504470 09/15/2023 JACOB DEDERING 47.82 504471 09/15/2023 JASON ELLIS 28.82 504472 09/15/2023 JODI ST CHARLES 34.06 504473 09/15/2023 JOHN FITZPATRICK 206.00 504474 09/15/2023 JOHN ZARATE 28.17 504475 09/15/2023 JOSHUA FLEMING 149.34 504476 09/15/2023 KANE COMMUNICATIONS GROUP 5,576.75 504477 09/15/2023 KODI PARKER 84.50 504478 09/15/2023 KUENY ARCHITECTS LLC 32,648.00 504479 09/15/2023 LALONDE CONTRACTORS 443,548.73 504480 09/15/2023 LEIGH SCHUH 146.72 504481 09/15/2023 MATTHEW B STEINERT 100.30 504482 09/15/2023 ASCENSION WISCONSIN 714.00 504483 09/15/2023 MICHAEL BURLINGHAM 100.00 504484 09/15/2023 NORTHERN TELEPHONE &DATA CORP 195.50 504485 09/15/2023 ASCENSION 1,046.70 504486 09/15/2023 DYLAN ANDERSON 178.50 504487 09/15/2023 OSHKOSH CHAMBER OF COMMERCE 2,016.50 504488 09/15/2023 CITY OF OSHKOSH 2,850.00 504489 09/15/2023 OSHKOSH HERALD LLC 555.66 504490 09/15/2023 OSHKOSH SMILES DENTISTRY 1,571.00 504491 09/15/2023 CITY OF OSHKOSH UTILITIES 63.89 504492 09/15/2023 RADDATZ FARM LLC 808.00 504493 09/15/2023 RYAN BUSCHING 95.63 504494 09/15/2023 SCOTT FOOTIT 295.02 504495 09/15/2023 SRF CONSULTING GROUP INC 1,613.34 504496 09/15/2023 STEVEN NOVINSKA 105.00 504497 09/15/2023 TERENCE SZCZEPANIAK 95.00 504498 09/15/2023 TDS 38.18 504499 09/15/2023 THE HOME DEPOT PRO 507.41 504500 09/15/2023 THOMSON REUTERS - WEST 362.79 504501 09/15/2023 UNITED MAILING SERVICE INC 1,117.98 504502 09/15/2023 UNITED PARCEL SERVICE 120.24 504503 09/15/2023 US BANK TRUST 1,000.00 504504 09/15/2023 VERIZON WIRELESS 12,117.15 504505 09/15/2023 JODI L VERNETTI 257.47 504506 09/15/2023 WHIRLWIND POST HOLE AND FENCING 3,558.89 504507 09/15/2023 WI DEPT OF FIN. INSTITUTIONS 20.00 504508 09/15/2023 WISCONSIN DEPARTMENT OF JUSTICE 700.00 504509 09/15/2023 WILLIAM J FERGUSON 1,200.00 504510 09/15/2023 WRS PROPERTY MANAGEMENT LLC 9.22 504511 09/15/2023 ZACKERY FISCHER 27.51 2,411,780.34 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Diane Bartlett, City Clerk D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Receipt & Filing of Meeting Minutes - Common Council Meeting 09.12.23 A t t a chment sAttachments 09.12.23 Regular Meeting Minutes 09.12.23 Closed Session Meeting Minutes CITY COUNCIL MINUTES September 12, 2023 A.CALL TO ORDER: 6:00 PM - Mayor Mugerauer B.ROLL CALL Present:Matt Mugerauer, Mayor Lynnsey Erickson, Councilmember Joe Stephenson, Councilmember Karl Buelow, Councilmember Paul Esslinger, Councilmember Mike Ford, Councilmember LaKeisha Haase, Councilmember Staff Present:Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk C.INVOCATION - VOTING FIRST: Council Member Stephenson D.PLEDGE OF ALLEGIANCE: Read Elementary and Roosevelt Elementary E.INTRODUCTION OF STAFF: Becca Andraschko - Deputy Clerk F.CITIZEN STATEMENTS TO COUNCIL - None G.CONSENT AGENDA ITEMS 0.Report of Bills by the Finance Director 1.Notice of Claim Received - Segor 2.Receipt & Filing of Meeting Minutes - Common Council Meeting - 08.22.23 3.Receipt & Filing of Meeting Minutes - Library Board - 07.27.23 4.Receipt & Filing of Meeting Minutes - Library Board - 08.03.23 5.Res 23-449 Disallowance of Claim - Ellman 6.Res 23-450 Accept Gift of Rectangular Rapidly Flashing Beacons (RRFBs) from Lourdes Academy to Be Used for the Crosswalk on Josslyn Street ($11,000) 7.Res 23-451 Approve Street Dedication for Property Located at 1000 Bauman Street (Plan Commission Recommends Approval) 8.Res 23-452 Approve Sidewalk Easement for Property Located at 750 Elmwood Avenue (Plan Commission Recommends Approval) 9.Res 23-453 Approve Specific Implementation Plan Amendment for Property Located at 2130 South Washburn Street (Plan Commission Recommends Approval) 10.Res 23-454 Approve Professional Service Agreement with AECOM for Design, Engineering, Permitting and Construction documentation -- Pioneer Riverwalk ($227,700) 11.**Res 23-455 Consideration of an Initial Resolution Regarding Revenue Bond Financing for Community Church located at 2351 Ryf Road. Information with Respect to the Job Impact of the Project Will Be Available at the Time of Consideration of the Initial Resolution. 12.Res 23-456 Approve Joint Powers Agreement for Winnebago County 911 Emergency System 13.Res 23-457 Approve CIP Amendment and Award Bid for Public Works Contract No. 23-16 to PTS Contractors, Inc. for Sawyer Creek Watershed Rural II Detention Basin -- Construction ($10,521,232.00) 14.Res 23-458 Approve Professional Services Agreement with Strand Associates, Inc. for Construction- Related Services for Sawyer Creek Watershed Rural II Detention Basin ($445,000) 15.Res 23-459 Approve CIP Amendment and Award Bid for Public Works Contract No. 23-25 to Vinton Construction Company, Inc. for South Koeller Street Concrete Paving ($943,863.39) 16.Res 23-460 Approve Amendments No. 1 and No. 2 to Professional Services Agreement with University of Wisconsin-Milwaukee for Archaeological Investigations for Pratt Trail Reconstruction ($80,000.00) 17.Res 23-461 Approve Cooperative Purchase of Truck Chassis from Quality Truck Care Center and Automated Side Loader from RNOW for Recycling Division ($353,921.60) 18.Res 23-462 Award Bid to Key Code Media, Inc. for Government Meeting A/V Equipment for Oshkosh Media ($73,891.00) 19.Res 23-463 Approve Museum Operating Budget Amendment for Hansen Gift for Education and Programming ($10,000) 20.Res 23-464 Approve Museum Operating Budget Amendment for Grant Designated for Dia de los Muertos ($2,000) 21.Res 23-465 Approve Museum Operating Budget Amendment for Sponsorship for Día de los Muertos ($2,500) 22.Res 23-467 Approve Special Event - Wisconsin Herd to hold the Wisconsin Herd Local Tryouts at the Oshkosh 20th YMCA, September 23, 2023 23.Res 23-468 Approve Special Class "B" Licenses 24.Res 23-469 Appointments to Boards and Commissions Motioned by Councilmember Karl Buelow, Second by Councilmember Paul Esslinger A P P R O VEAPPROVE C O N S E N T A G E N D ACONSENT A G E N D A AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed H.ITEMS REMOVED FROM CONSENT AGENDA 1.Res 23-466 Approve Block Party Request - David Rucker to Host a Neighborhood Block Party at St. John's Evangelical Lutheran Church (808 N. Main St.), September 15, 2023 Motioned by Councilmember Karl Buelow, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Other:Councilmember Joe Stephenson (PRESENT) Passed I.PENDING ORDINANCE 0.Ord 23-470 Amend Parking Regulations on Pioneer Drive (Transportation Committee Recommends Approval) Motioned by Councilmember Karl Buelow, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed 0.Ord 23-471 Amend Parking Regulations on 9th Avenue (Transportation Committee Recommends Approval) Motioned by Councilmember Lynnsey Erickson, Second by Councilmember Mike Ford AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed 0.Ord 23-472 Amend Ordinances Setting Interest Rate for Special Assessment Payment Motioned by Councilmember Karl Buelow, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed J.NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) 0.*Ord 23-473 Approve Zone Change for the Property Located on the 500 Block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street (Plan Commission Recommends Approval) K.NEW RESOLUTIONS 0.**Res 23-474 Approve Class "B" License for American Entertainment LLC (1585 W. 20th Avenue; Staff Recommends Denial) W I T H D R AW N BY APPLI C A N TWITHDRAWN B Y A P P LI C A N T 0.**Res 23-475 Approve Class "B" License for American Entertainment LLC (2165 W. 9th Avenue, Staff Recommends Denial) W I T H D R AW N BY APPLI C A N TWITHDRAWN B Y A P P LI C A N T 1.Res 23-476 Approve Class "B" License for Fire Escape Art Studio & Gallery (Opening on Oregon Street) Motioned by Councilmember Karl Buelow, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed 2.Res 23-477 Approve General Development Plan and Specific Implementation Plan for Property Located at 1000 Bauman Street (Plan Commission Recommends Approval) Motioned by Councilmember Karl Buelow, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed 3.Res 23-478 Approve Determination of Necessity to Acquire Property located at 222 Pearl Avenue for GO Transit Downtown Transit Center Expansion (Plan Commission Recommends Approval) Motioned by Councilmember Lynnsey Erickson, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed L.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS M.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS N.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 0.Professional Services Contract with UWO for Sustainability Plan Implementation (Sustainability Advisory Board recommended that City Manager approve) 1.Cooperative Purchase of Rectangular Rapidly Flashing Beacons for Intersection of Witzel and Westbrook for Transportation Department ($26,697.75) 2.Professional Services Agreement with AECOM for Fire Protection Engineering and Specification Services for GO Transit ($45,500.00) 3.Cooperative Purchase of One-Ton 4WD Pickup Truck from Ewald Automotive Group and Service Body from Monroe Truck Equipment, Inc. for Water Distribution Division ($65,328.00) 4.N.E.W. Dragon Boat Festival - September 16, 2023 5.Outstanding Issues O.ADJOURN - 6:23 PM Motioned by Councilmember Joe Stephenson, Second by Councilmember Paul Esslinger AYE:Mayor Matt Mugerauer Councilmember Lynnsey Erickson Councilmember Joe Stephenson Councilmember Karl Buelow Councilmember Paul Esslinger Councilmember Mike Ford Councilmember LaKeisha Haase Passed SUBMITTED BY CITY CLERK'S DEPARTMENT - Diane Bartlett, City Clerk OSHKOSH COMMON COUNCIL CITY HALL, OSHKOSH, WISCONSIN September 12, 2023, 5:15 PM - ROOM 402 CLOSED SESSION MINUTES CALL TO ORDER BY: Diane Bartlett, City Clerk Time: 5:16 PM ROLL CALL: MOVE TO CLOSE SESSION: Motion – Erickson Second - Stephenson Haase X X Esslinger X X Erickson X X Ford X X Stephenson X X Buelow Arrived at 5:20 PM Mugerauer X X ALSO PRESENT: Mark Rohloff, Kelly Nieforth and Lynn Lorenson CLOSED SESSION (5:15 p.m., Room 404, City Hall): The Common Council of the City of Oshkosh convened in Closed Session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to deliberate the negotiation and potential sale of public property including the potential provision of incentives for purchase of property within the Southwest Industrial Park where competitive and bargaining reasons require a closed session. ADJOURNMENT: MOTION MADE TO ADJOURN BY: Erickson SECONDED: Stephenson CARRIED BY VOICE VOTE THE MEETING ADJOURNED AT: 5:44 PM SUB JEC T:SUB JEC T : Receipt & Filing of Meeting Minutes - Oshkosh Public Museum Board Meeting 06.01.23 D A TE :D A T E :September 26, 2023 Sub jectSubject Receipt & Filing of Meeting Minutes - Oshkosh Public Museum Board Meeting 06.01.23 A t t a chment sAttachments Museum Minutes Minutes of the June 1, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 4 Minutes of the June 1, 2023 Board Meeting (Approved at the September 6, 2023 Board Meeting.) The June meeting of the Oshkosh Public Museum (OPM) Board was held Thursday, June 1, 2023, in the Galena Room of the Museum. Vice President Connie Drexler called the meeting to order at 4:00 p.m. The roll was taken by Administrative Assistant Theresa Books. PRESENT AT ROLL: Vice President Connie Drexler, Board Members Carol Fenrich, Gabe Loiacono, Vicky Redlin, Dana Stolley and Jean Thierman, Oshkosh Area School District Board President Beth Wyman EXCUSED: President Becky Matzke, Alternate Tiara Cavett, Superintendent of Schools Bryan Davis ALSO PRESENT: Director Sarah Phillips, Assistant Director/Chief Curator Anna Cannizzo, Marketing Coordinator Kate Stel, Curator of Education Neal Matherne, City Manager Mark Rohloff, Administrative Assistant Theresa Books recording the Minutes There were no citizen statements to the Board and none were received. Consent Agenda items included: A. Minutes of the May 4, 2023, Board Meeting B. June Bill List MOTION: Approve Consent Resolution Agenda. (Redlin; second Thierman) CARRIED: Yes (7) Drexler, Fenrich, Loiacono, Redlin, Stolley, Thierman, Wyman Review of City Boards, Commissions, and Committees (BCCs): City Manager Mark Rohloff spoke regarding the Council’s May 9, 2023 decision to accept the actions stated in the “Boards, Commissions, and Committee Report and Recommendations.” This agenda item discussion focused on the direction from Council to combine the Arts and Beautification Committee with the Museum Board. Mr. Rohloff noted that he and Director Phillips had conversations regarding how the Museum could have more presence in the community and expand its mission outside of its primary physical location. Mr. Rohloff recognized that OPM staff have worked extensively with the schools to increase outreach and engagement. He also noted that he read the letter from the Board to Council expressing concern regarding joining these two groups. Mr. Rohloff explained the rationale and the opportunity this now presents for art, history, and culture in the city. Director Phillips stated that the Museum has helped with projects in the community over the years, in collaboration with city departments and BCCs, such as the Riverwalk signage and the exhibitions Minutes of the June 1, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 4 at the fire stations. By taking a leading role in projects such as these, the city ensures a common voice and vision is carried through projects, versus decentralized management of these assets. Ms. Cannizzo agreed that the stories the Museum has to share can be made more accessible. Mr. Rohloff further clarified that Community Development Director Kelly Nieforth and her staff will remain involved in projects as necessary. The Landmarks Commission will remain a stand-alone body, but will be assigned to the Museum to staff. Director Phillips will attend the Landmarks Committee meetings prior to assigning it to a staff member, to be aware of what they are doing, so as to coordinate but not overlap regarding public arts. Ms. Stolley asked how the total current members of the Museum Board and the Public Arts and Beautification Committee would be reduced to five as recommended in the report. Mr. Rohloff stated that it is possible that current members may not be interested in serving on the new board and noted that all current members wishing to serve on the new board will have to reapply for a board seat, and be appointed by the mayor. Director Phillips stated that she and Ms. Nieforth had talked about art that already exists around the City. Also, the Library Director recommended to the Library Board that the Hicks Trust and associated bronze statuary be transferred to the management of the Museum, which would benefit from the skill set of Ms. Cannizzo and Museum collections staff. School Board President Beth Wyman expressed that as an ex-officio member of the Board, she sees the value and importance of the new Curator of Education position. She explained that because of the duties of this position, she feels it is not necessary for the School Board President to be on the Museum Board. She also recommended Director Phillips attend the annual joint meeting of the Common Council and the Oshkosh Area School District to continue planning and open communication with the school board. Director Phillips reported that she spoke with City Attorney Lynn Lorenson regarding Chapter 2 and the Board Bylaws, requesting certain autonomy is protected, such as the authority to oversee the management of the permanent museum collection. Mr. Rohloff noted that many years ago, the Museum Board took on responsibilities comparable to the Library Board and he views the Museum Board similarly in their type of authority. Mr. Loiacono recommended the Museum Board keep seven members with two alternates because there are important decisions to approve such as Trust Fund expenditures, etc. He feels a quorum of three is too small. In addition, he noted that the Museum Board has never had a problem getting a quorum. Mr. Rohloff said he could present this idea to Council. Minutes of the June 1, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 4 MOTION: That the Council approve the Museum Board have seven members and two alternates. (Loiacono; second Redlin) CARRIED: Yes (7) Drexler, Fenrich, Loiacono, Redlin, Stolley, Thierman, Wyman Mr. Rohloff said he will get this information to Council by means of the draft minutes of this meeting. [He did present the information to Council. Council considered it but decided to keep the number of Board members to five plus two alternates for consistency across Boards.] Director Phillips then presented a review of the proposed 2024-2033 Capital Improvement Plan (CIP). She explained that now and going forward the City’s Facilities Department will prepare CIP requests as relates to building upkeep and repairs. The Museum Director will submit CIP as relates to exhibitions and similar projects. Director Phillips allowed time for questions. Vice President Drexler then requested Director Phillips present the Director’s Report. Director Phillips began with an update regarding the American Alliance of Museums (AAM) accreditation. As background: In 2018, the OPM was visited by two peer reviewers as part of the AAM reaccreditation process. As in most reaccreditation reports, findings were summarized in each section (Collections Stewardship, Organizational Health, Educational Role, Planning, and Public Service Role). These were divided into minor findings, major findings, and exemplary practices. The result of the major/minor findings was a vote by the AAM Accreditation Commission in July 2018 to table OPMs reaccreditation, giving the museum 18 months to address the findings. The decision was made by OPM in January 2019 to withdraw from the reaccreditation process. In the past months, Director Philips has been in contact with the staff at AAM to discuss what steps are needed for OPM to regain accredited status. The accreditation program staff have been very helpful, and have granted the OPM special consideration for reaccreditation. She has been given approval to resubmit a report addressing the major/minor findings which led to the tabling decision. Once that report is reviewed by AAM staff, the OPM will start on a reaccreditation self-study, followed by a site visit. This is a very generous proposal by AAM; for unaccredited museums, the process can take years to complete. Accreditation reflects our commitment to excellence in the field and demonstrates that the museum is a strong asset to the community. It also ensures that peer museums understand our dedication to sound stewardship of our collections, it opens doors to new traveling exhibitions, and strengthens the case for support. Director Phillips will be working with OPM and AAM staff to determine the best timeline to complete the work necessary for this process. Minutes of the June 1, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 4 of 4 Next Director Phillips reviewed upcoming June events. Coffee with a Curator, Wednesday, June 7th, 8:30 – 10:30 AM. Start your day at the OPM with coffee and pastries from Thunderbird Bakery. This event opens the Museum for special hours exclusively for Members. Plus, meet OPM’s new Curator of Education Neal Matherne and chat about the future of the Education Program. Additional programs include: • Family Discovery Day, June 10 – A Pigment of Your Imagination • Extraordinary Women of Oshkosh – Riverside Cemetery Tours (In partnership with Oshkosh Parks Dept.) Join staff for a guided tour of Riverside Cemetery and discover the stories of the extraordinary women of Oshkosh. Explore their remarkable contributions to our city, state, and beyond. Plus, see inside the Riverside Cemetery Chapel. June 2 at 5pm, June 10 at 10am, June 24 at 10am. That concluded the Director’s Report. Vice President Drexler requested the Auxiliary report. Auxiliary President Holly Eichman began her report with a review of the May Auxiliary Luncheon. Twenty-six Auxiliary members along with Director Phillips and Ms. Cannizzo attended the annual luncheon at the Roxy. The entertainment was a ukulele solo performed by David Hable. At the luncheon officers and Board were voted on for the upcoming year. The coming year Holly Eichman will serve another term as President. Carolyn Barthel will serve as Vice President, Sue Eichman as Secretary, Claudia Montee as Treasurer, Nancy Samida as Sunshine, Vickie Savinski as Historian, and Board Members Shirley Hyland, Diane Kohl, and Sue Meyer. Ms. Eichman further reported that the first Auxiliary board meeting to plan the 2023-2024 program year is June 12th at the Museum. So far, they have 14 programs to choose from. They only need seven. That concluded the Auxiliary Report. With no other Agenda items, Vice President Drexler asked for a motion to adjourn. MOTION: Adjourn (Thierman; second Loiacono) CARRIED: Voice Vote The meeting adjourned at 5:15 p.m. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company: Ferch A t t a chment sAttachments Notice and filing of claim September 12, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Jessica Ferch Claim Number: WM000702661231 Date of Loss: 12/16/2021 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: Doug Detlie Casualty Claims Specialist Phone: 608-828-5503 Fax: 800-720-3512 Email Address: ddetlie@statewidesvcs.com Feel free to call or email the claim handler above. Sincerely, Statewide Services Claim Department cc: McClone Agency – Brian Dandoy TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :John Fitzpatrick, Asst. City Manager/Director Admin Services D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-479 Approve Renewal of Employee Health and Dental Insurance for 2024 B A C KGRO UN DBACKGROUND In 2022, the City transitioned back to a self-funded health insurance program, which includes a variety of components such as a third-party administrator (TPA), a stop loss carrier, networks, and a pharmacy benefit manager (PBM). The City also has a self-funded dental plan administered through Delta Dental. Additionally, the City utilizes Gallagher Insurance, Risk Management and Consulting as our benefits consultant. A N A L Y SI SANALYSIS After evaluating current medical plan cost trends, it was determined that we need to increase our funding level by 3.1% in order to meet 2024 expected expenditures, utilizing the same plan design. We did discuss the option of plan design changes with our Health Insurance Focus Group; their recommendation was to keep current plan design in order to continue to recruit and retain employees while keeping our budget responsibilities in mind. The City is currently out for bids on the stop loss insurance and will accept the most advantageous option. Additionally, staff projects a zero percent (0%) increase for the dental program in 2024. FI SC A L I M P A CTFISCAL I M P A C T Staff is estimating an overall 3.1% increase ($291,112) for the health program and a zero percent (0%) increase for the dental program in 2024. Although the city employee focus group on health insurance, staff, and City Manager Rohloff are satisfied with the outcome of this year's process, all parties understand that it will be necessary to evaluate our plan for 2025 in order to consider what changes may be necessary in order to preserve the best benefits possible for our staff at the most cost-effective level possible for our taxpayers moving forward. REC O M M E N D A TI ONRECOMMENDATION Based on the analysis conducted, staff recommends no modification of plan design, retention of UMR as the TPA for the health insurance program, Caremark as the PBM for the prescription drug program, and Delta Dental of Wisconsin as the TPA for the dental program, as well as 3.1% and 0% increases to the health and dental insurance plans, respectively. Please let me know if you have any questions regarding this matter and thank you, as always, for your assistance and support. A t t a chment sAttachments RES 23-479 09/26/2023 23-479 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE RENEWAL OF AGREEMENTS WITH UNITED MEDICAL SERVICES (UMR) AS HEALTH INSURANCE THIRD PARTY ADMINISTRATOR (TPA) AND CAREMARK AS PHARMACY BENEFIT MANAGER (PBM); MAINTAINANCE OF CURRENT PLAN DESIGN; PROCUREMENT OF STOP LOSS INSURANCE; AND RENEWAL OF DENTAL INSURANCE AGREEMENT WITH DELTA DENTAL OF WISCONSIN INITIATED BY : Administrative Services WHEREAS, the City of Oshkosh evaluated health and dental insurance programs for 2024; and WHEREAS, the City recommends renewing agreements with UMR as the TPA for the health benefits insurance plan and Caremark as the PBM, procuring stop-loss insurance, and maintaining current plan design which will result in the City of Oshkosh incurring a 3.1% increase in projected costs for 2024, and will provide minimal disruption to employee-provider relationships; and WHEREAS, Delta Dental of Wisconsin offers the most advantageous dental plan to meet the City’s requirements which will result in a zero percent (0%) increase in projected costs for 2024. NOW, THEREFORE, 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 renew agreements with UMR as the TPA for the health benefits insurance plan and Caremark as the PBM, procure advantageous stop-loss insurance, and maintain current plan design to the health insurance plan as well as enter into and take those steps necessary to renew the agreement with Delta Dental of Wisconsin as third party administrator (TPA) for a self-funded dental insurance plan in substantially the same form as the existing agreement and endorsements, any changes in the execution copy being deemed approved by their signatures. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. XXX-XXXX-6306-XXXXX Health Insurance XXX-XXXX-6308-XXXXX Dental Insurance TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jon Urben, General Services Manager D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-480 Award Bid to Axiom, Inc. for Selective and Cantilever Racking for Electric Division ($50,519.00) B A C KGRO UN DBACKGROUND The Common Council allocated $2.7M in the 2023 CIP, which budgeted $1.7M for renovation of the Police Department's 3rd Avenue Storage Facility and $1M for the acquisition of another facility that could then address the storage needs of the Museum, City Clerk, Facilities Maintenance, and Electric that are currently housed at the Sawyer Avenue Storage complex. Once both projects are completed, the Sawyer Avenue Storage complex would then be renovated to become the future Fire Department Training Center. In May of this year, the Common Council approved the purchase of the 19 East Irving Avenue property for $275,061.04. The property has been renovated to address the storage needs for the Museum, City Clerk, and Facilities Maintenance. Renovations at this property to date include updated exterior doors/windows, parking lot repairs, exterior paint, interior painting, landscaping, security enhancements, and more. The 19 East Irving property is expected to be fully operational and ready for use by October. The Electric storage currently at Sawyer Storage will be moved between the Transit Department site and the Oshkosh Seniors Center North storage building, both on Dempsey Avenue. In both locations, this will require the purchase of new selective and cantilever racking to hold the electrical poles, fixtures, and supplies. A N A L Y SI SANALYSIS Purchasing worked with the Electric Division to create bid specifications for this racking equipment. Bids were issued on August 25, 2023. The bid tab is attached. Based on staff review of the sole bid received, the bid meets the minimum bid specifications and is competitive. Once ordered, the shelving is expected to be delivered within 4-6 weeks. FI SC A L I M P A CTFISCAL I M P A C T The Common Council allocated $1M in the 2023 CIP for the acquisition of a property to be renovated to address the storage needs of the departments/divisions housed at the Sawyer Storage facility. The Electric storage currently at Sawyer Storage will require racking at two new sites. The total fiscal impact of the racking bid is $50,519.00. This bid will be charged to A/N# 03230130 7214 63111 (Buildings). REC O M M E N D A TI ONRECOMMENDATION Staff recommends award of this bid to Axiom, Inc. for $50,519.00 A t t a chment sAttachments RES 23-480 Bid Tab Racking 09/26/2023 23-480 RESOLUTION CARRIED 7-0 PURPOSE: Award Bid to Axiom, Inc. for Selective and Cantilever Racking for Electric Division ($50,519.00) INITIATED BY : PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for Selective and Cantilever Racking for Electric Division; and WHEREAS, upon the opening and tabulation of bids, the following is the only bid: Axiom Inc N16W23430 Stone Ridge Drive Waukesha WI 53188 Total: $50,519.00 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. 03230130 7214 63111 Buildings BID TAB SELECTIVE AND CANTILEVER RACKING CITY OF OSHKOSH TUESDAY – SEPTEMBER 12, 2023 10:00 AM BIDDER BID SENIOR CENTER BID ELECTRICAL DIVISION TOTAL BID Axiom Inc N16W23430 Stone Ridge Drive Waukesha WI 53188 $19,047.00 $31,472.00 $50,519.00 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-481 Approve and Execute Relocation Order to Acquire Property located at 222 Pearl Avenue for GO Transit Downtown Transit Center Expansion B A C KGRO UN DBACKGROUND The City of Oshkosh is requesting approval to officially file a relocation order for the property located at 222 Pearl Avenue for transit facility development. The subject area included in the request consists of a 0.14-acre lot with frontage on Pearl Avenue, west of N. Main Street. The lot has an existing office building. The surrounding area consists of primarily commercial and mixed uses, along with City transit and parking facility on the abutting parcels. The 2040 Comprehensive Plan recommends Center City land use for the subject properties. A N A L Y SI SANALYSIS The City of Oshkosh/GO Transit is proposing to acquire 222 Pearl Avenue for renovation of the existing transit center (110 Pearl Avenue). In 2020, GO Transit completed a feasibility study to identify the short- term and long-term needs of the downtown transit center. The study identified that the immediate needs of the current site are to improve ADA access, safety, and security, as well as to add space for a driver break room. The study identified the longer-term need to add a second platform, public restrooms, and a climate-controlled waiting area when funding allows. The Oshkosh Downtown Transit Center Redevelopment Phase II project will construct a boarding platform and a new passenger facility adjacent to the current transit center (110 Pearl Avenue). The scope of work involves the construction of a second adjacent bus platform with space for at least six more buses, as well as construction of a one-story, 1,515 sq. ft. facility for passenger restrooms, climate-controlled seating and information area, and vending machines. The project will require acquisition and demolition of the neighboring, privately-owned, one-story office building at 222 Pearl Avenue (subject site). The project is intended to enhance transit system capacity, comfort, and safety, as well as provide needed indoor facilities for passengers and drivers in cold weather. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Plan Commission approved the necessity to relocate. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact at this time. As the Transportation Department and their real estate consultant move forward with the process, the acquisition will be on a future agenda, which will include the fiscal impact. REC O M M E N D A TI ONRECOMMENDATION The Common Council, based on the recommendation of the Plan Commission, previously approved the determination of necessity on September 12, 2023. This action approves the official filing of the relocation order. A t t a chment sAttachments RES 23-481 Legal Description Map of 222 Pearl Ave GIS Map of 222 Pearl Ave GO Transit_Kueny Phase 2 09/26/2023 23-481 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE AND EXECUTE RELOCATION ORDER TO ACQUIRE PROPERTY LOCATED AT 222 PEARL AVENUE FOR GO TRANSIT DOWNTOWN TRANSIT CENTER EXPANSION INITIATED BY : Transportation Department WHEREAS, in 2020 GO Transit completed a feasibility study to identify the short-term and long-term needs of the downtown transit center including the need to add a second platform and public restrooms and climate-controlled waiting area; and WHEREAS, by Resolution 23-478 adopted on September 12, 2023, the Common Council determined the necessity to acquire property located at 222 Pearl Avenue for this purpose and directed staff to proceed with the acquisition process as provided in Wisconsin Statutes section 32.05; and WHEREAS, a Conceptual Relocation Plan & Interview Addendum has been developed and approved by the Wisconsin Department of Transportation for this project; and WHEREAS, it is necessary to adopt a Relocation Order under section 32.05(1)(a) of the Wisconsin Statutes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that this Resolution and its attachments constitutes the relocation order required under section 32.05(1)(a) of the Wisconsin Statutes for purposes of acquiring the property located at 222 Pearl Avenue, more specifically described in the legal description attached to this Resolution, in the City of Oshkosh in fee simple for expansion of the existing downtown transit facility for the City of Oshkosh. BE IT FURTHER RESOLVED that the proper city staff and representatives are hereby authorized and directed to execute any and all documents necessary for implementation of this Relocation Order and that the City Clerk is hereby directed to file a certified copy of this Relocation Order with the Winnebago County Clerk within twenty (20) days of its adoption. Legal Description of Property to be Acquired in Fee Simple Lot Ten (10) of Block Seven (7) in the First Ward, in the City of Oshkosh, Winnebago County, Wisconsin per Leach’s Map of 1875, excepting therefrom a 500 sq. ft. triangular portion extending from the southeast corner of the lot, 20 ft. along the south lot line and 50 ft. along the east lot line of Lot 10, Block 7, Original Plat, Leach’s Map, 1st Ward, City of Oshkosh. Also Described as: That part of Lot Ten (10) of Block Seven (7) in the First Ward, City of Oshkosh, Winnebago County, Wisconsin, per Leach’s Map of 1875, described as follows, viz: - Commencing at the most Southerly corner of said Lot 10; thence northeasterly, along the Southeasterly line of said Lot, 50 feet; thence southwesterly to a point on the Southwesterly line of said Lot that is 20 feet northwesterly of the place of beginning; thence southeasterly, along the Southwesterly line of said Lot, 20 feet, to the place of beginning. And Lot Eleven (11) of Block Seven (7) in the First Ward, in the City of Oshkosh, Winnebago County, Wisconsin per Leach’s Map of 1875, excepting therefrom that portion thereof included within the limits of the right of the Soo Line Railway. 222 Pearl Avenue Winnebago County GIS, Imagery Date: April 2020 Adjacent Counties Lakes, Ponds and Rivers Navigable Waterways Navigable - Permanent (unchecked) Navigable - Intermittent (unchecked) Navigable - Stream (unchecked) Navigable - Permanent (checked) Navigable - Intermittent (checked) Navigable - Stream (checked) Tax Parcel Boundary Road ROW 9/7/2023, 11:06:54 AM 0 0.01 0.010 mi 0 0.01 0.020.01 km 1:375 Winnebago County GIS Winnebago County GIS | Imagery Date: April 2020 | (FOR Ø60 POLES) 461.416[461.42] 349.96[350.0] 349.8 60 76 (FOR Ø60 POLES) 461.416[461.42] 349.96[350.0] 349.8 60 76 (FOR Ø60 POLES) 461.416[461.42] 349.96[350.0] 349.8 60 76 EXISTING BUILDING PARKING PROPOSED BUILDING 1,515 SQ/FT PHASE 1 ADDITION ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d PLAN NORTH SCALE: 1" = 30'-0" 1" = 30'-0"PH2 1.1 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 Master Facility Site Plan 8 9 10 11 12 13 14 8'-0"8'-0" RAMP 18 ' - 8 " E X I S T I N G B U I L D I N G 11 ' - 8 " 5' - 0 " 101A 10 1 B 103B 10 8 A 10 6 A 107A 11 1 A 11 1 B 10 2 A 8' - 6 1 / 4 " T.V. BY OWNER PROVIDE BLOCKING 1 A401 Sim 6'-0 3/4"4'-0"6'-9 1/4" 10"7'-4" 2' - 2 " 112A 8"5"3' - 0 1 / 4 " 5' - 6 " 4' - 1 1 7 / 8 " 4" 3' - 0 " 4" 14 ' - 4 1 / 2 " 3 1/2" 17'-6"1'-0 1/2" 8' - 7 7 / 8 " 6'-6"1'-0"6'-6"11 3/4" 4' - 0 " 9' - 1 1 / 2 "1'-6"3'-6 1/2"1'-6"3'-6 1/2"6" RA M P 4' - 7 " 109A 3 A02 Sim REUSE EXISTING DOOR AND FRAME; ADD NEW HINGES AND CLOSER5'-4"5' - 4 " THROUGH WALL DRAIN THROUGH WALL DRAIN 25'-4" 57 ' - 4 " 20 ' - 0 " 10 ' - 1 0 " 10'-0"15'-4" 26 ' - 6 " PH2 1.5 2 PH2 1.5 4 PH2 1.5 3 PH2 1.5 1 700 SF open area 202 90 SF lobby 201 womens 203 mens 204 111 SF utility room 205 PROPOSED NEW FACILITY 1,515 SQ/FT ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d PLAN NORTH SCALE: 3/16" = 1'-0" 3/16" = 1'-0"PH2 1.2 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 Facility Layout Plan 8 9 10 11 12 13 14 25'-4" 57 ' - 4 " 20 ' - 0 " 10 ' - 1 0 " 10'-0"15'-4" 26 ' - 6 " 12'-0"15'-4" 2' - 0 " 10 ' - 0 " 4' - 0 " 9' - 0 " 4' - 0 " 9' - 0 " 4' - 0 " 13 ' - 4 " 4' - 0 " 2'-0" 4" PH2 1.5 2 PH2 1.5 4 PH2 1.5 3 PH2 1.5 1 2' - 0 " 700 SF open area 202 90 SF lobby 201 156 SF womens 203 145 SF mens 204 4'-0"4'-0" 111 SF utility room 205 PROPOSED NEW FACILITY 1,515 SQ/FT VENDING MACHINES ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d PLAN NORTH SCALE: 1/4" = 1'-0" 1/4" = 1'-0"PH2 1.4 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 Plan Layout LEVEL 1 0'-0" LEVEL 2 12'-0" LEVEL 3 16'-0" 10 111213 LEVEL 1 0'-0" LEVEL 2 12'-0" LEVEL 3 16'-0" 8914 LEVEL 1 0'-0" LEVEL 2 12'-0" LEVEL 3 16'-0" 10111213 LEVEL 1 0'-0" LEVEL 2 12'-0" LEVEL 3 16'-0" 8 914 ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d SCALE: 1/4" = 1'-0" 1/4" = 1'-0"PH2 1.5 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 Exterior Elevations 1/4" = 1'-0"2 West Elevation 1/4" = 1'-0"4 North Elevation 1/4" = 1'-0"3 East Elevation 1/4" = 1'-0"1 South Elevation ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d SCALE: PH2 1.6 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 View #1 ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d SCALE: PH2 1.7 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 View #2 ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d SCALE: PH2 1.8 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 View #3 ku e n y a r c h . c o m © 2 0 2 2 K u e n y A r c h i t e c t s L . L . C . - Al l R i g h t s R e s e r v e d SCALE: PH2 1.9 Os h k o s h G O T r a n s i t - P h a s e 2 S c h e m a t i c D e s i g n Ju n e 2 1 , 2 0 2 2 View #4 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-482 Approve Agreement for Assistance with Performance and Management of a Potable Water System Backflow Control Program / HydroCorp, Inc. ($210,744) B A C KGRO UN DBACKGROUND In 2012, the Wisconsin Department of Natural Resources (WDNR) updated the Administrative Code requirements for the cross-connection control program for industrial, commercial, public authority, and residential properties connected to the municipal water distribution system. A cross-connection is a physical connection between the water supply and another water source that can cause a back-siphon effect and contaminate the public water supply. Cross-connections are currently prohibited by the City of Oshkosh Municipal Code and are currently managed through the City's permit and building inspection process. The WDNR rules required a comprehensive cross-connection control program be implemented for elimination of existing cross-connections and prevention of future cross-connections. This is to be done through an inspection program for industrial, commercial, and residential properties. A N A L Y SI SANALYSIS The City has entered into two-year agreements with HydroCorp since 2012 to provide these services for industrial and commercial properties. HydroCorp has provided a proposal to continue providing assistance to the City's cross-connection control program through December 2025. The elements in the HydroCorp proposal include: program review meetings with Water Utility staff to set goals for the next inspection cycle; continuing to provide educational materials during site inspections; assisting with educational materials that are provided to all water utility customers every three (3) years; preparing management reports; and performing 1,378 initial industrial and commercial inspections over the two- year contract period and up to an additional 140 re-inspections. Data management will be also be provided throughout the contract period using the HydroCorp software management program. HydroCorp is the only firm that we are aware of, located in the State of Wisconsin, that performs these services. FI SC A L I M P A CTFISCAL I M P A C T The total cost of the program for the 2024 to 2025 inspection cycle is $210,744 for 1,378 initial inspections and up to 140 re-inspections. The cost for the previous two-year period was $148,488 for 1,114 initial inspections. Based on unit price, the new contract represents an increase of $5.54 per inspection, or 4.2%, over the previous two-year agreement. This work is funded through the Water Utility Operating Budget (Account #0541166-6401-08665 -- Water Distribution Operating-Contractual Services-Miscellaneous Expense). REC O M M E N D A TI ONRECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature may be procured without the use of formal, sealed quotes. I have reviewed this agreement and, in accordance with Section 12-16 of the Code, I am hereby recommending that Common Council approve this agreement. A t t a chment sAttachments RES 23-482 HydroCorp Proposal 09/26/2023 23-482 RESOLUTION CARRIED 7-0 PURPOSE: Approve Agreement for Assistance with Performance and Management of a Potable Water System Backflow Control Program / HydroCorp, Inc. ($210,744) INITIATED BY : DEPARTMENT OF PUBLIC WORKS WHEREAS, Wisconsin Department of Natural Resources rules required a comprehensive cross-connection control program be implemented for elimination of existing cross-connections and prevention of future cross-connections; and WHEREAS, HydroCorp, Inc. has provided services to the City for this purpose in the past and is willing to continue to provide those services; and WHEREAS, City staff have reviewed the proposal and recommends that the City enter into an agreement with HydroCorp, Inc. for continuation of these services. NOW, THEREFORE, 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 a professional services agreement with HydroCorp, Inc. for assistance with performance and management of a potable water system backflow control program. Money for this purpose is hereby appropriated from: Acct No. 0541166-6401-08665 Water Distribution Operating-Contractual Services-Miscellaneous Expense TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-483 Approve Purchase of Wetland Mitigation Credits for Sawyer Creek Watershed Rural II Detention Basin ($585,000) B A C KGRO UN DBACKGROUND The purpose of the Sawyer Creek Watershed Rural II Detention Basin Construction Project is to construct a large dry detention basin and install sewer and water along Clairville Road between West 20th Avenue and STH 91. These improvements have unavoidable impacts to wetlands. Wisconsin Department of Natural Resources (WDNR) require applicants to avoid, minimize, and mitigate the impacts to wetlands. The design of the detention basin, fill site, and Clairville Road utility improvements went through several iterations to help avoid and minimize the impacts on wetlands. A N A L Y SI SANALYSIS It was determined that the Project as a whole will be required to purchase 5.85 wetland mitigation credits. The current rate at area wetland banks is $100,000 per credit. The City is still working with several wetland banks to finalize the purchase of the credits. FI SC A L I M P A CTFISCAL I M P A C T The cost to purchase 5.85 wetland credits is $585,000. The cost for these credits were included in the Storm Water section of the 2023 Capital Improvements Program (Account #03210410-6804- 04115/Contract Control-Storm Sewer-21-15 Sawyer Creek Watershed Detent). REC O M M E N D A TI ONRECOMMENDATION Section 12-11 of the Municipal Code of the City of Oshkosh provides that material purchases, when standardization or compatibility is the overriding consideration, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval regarding this purchase. A t t a chment sAttachments RES 23-483 09/26/2023 23-483 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE PURCHASE OF WETLAND MITIGATION CREDITS FOR SAWYER CREEK WATERSHED RURAL II DETENTION BASIN ($585,000) INITIATED BY : DEPARTMENT OF PUBLIC WORKS WHEREAS, the Rural II Detention Basin Construction Project located in the Sawyer Creek area which includes construction of a large dry detention basin and installation of sewer and water along Clairville Road between West 20th Avenue and STH 91 will impact wetlands requiring mitigation be undertaken; and WHEREAS, one option for mitigation is the purchase of wetland mitigation credits from the Wisconsin Wetland Conservation Trust (WCCT); and WHEREAS, the Wisconsin Department of Natural Resources and the United States Army Corps of Engineers have determined that purchasing credits through this program is an acceptable option for mitigating the unavoidable impacts to wetlands for this project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appropriate city officials are hereby authorized and directed to purchase 5.85 mitigation credits for the Rural II Detention Basin Construction Project located in the Sawyer Creek area through the WDNR’s approved program for the purpose of complying with the wetland mitigation requirements. BE IT FURTHER RESOLVED that the proper city officials are hereby authorized to take all necessary actions to purchase such credits, to report to the Department of Natural Resources and Army Corps of Engineers regarding the same and to take any other necessary and reasonable action to comply with the requirements for wetland mitigation for the Sawyer Creek Watershed Rural II Detention Basin Project. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 03210410-6804-04115 Contract Control-Storm Sewer-21-15 Sawyer Creek Watershed Detent TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Sarah Phillips, Museum Director D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-484 Approve Museum Operating Budget Amendment for Oshkosh Area School District Education Foundation Donation for Teachers Night Out ($500) B A C KGRO UN DBACKGROUND The Museum received a donation of $500 from the Oshosh Area School District Education Foundation for the Museum's event, Teachers Night Out. A N A L Y SI SANALYSIS The receipt of the $500 donation helps cover expenses for the Museum's first annual event to celebrate all hardworking Oshkosh Area School District (OASD) educators and staff with a free Teachers Night Out event. FI SC A L I M P A CTFISCAL I M P A C T The donation has a positive fiscal impact on the Museum; the event was completely free for OASD staff and educators. REC O M M E N D A TI ONRECOMMENDATION For Teachers Night Out, the Museum recommends a Budget Amendment to add $500 to the Membership Fund 02271070-6529-00000. A t t a chment sAttachments RES 23-484 9/26/2023 23-484 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE MUSEUM OPERATING BUDGET AMENDMENT FOR OSHKOSH AREA SCHOOL DISTRICT EDUCATION FOUNDATION DONATION FOR TEACHERS NIGHT OUT ($500) INITIATED BY : OSHKOSH PUBLIC MUSEUM WHEREAS, the Common Council has adopted the 2023 Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the Oshkosh Public Museum sought a donation for the Museum’s first annual event honoring teachers, Teachers Night Out and received a donation in the amount of $500.00 from the Oshkosh Area School District Education Foundation for the event; and WHEREAS, an amendment to the Museum Membership Budget within the 2023 Operating Budget is necessary to allocate funds for this. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Operating Budget, on file in the City Clerk's Office, is hereby amended to add five hundred dollars ($500.00) within Account Number 02271070 6529 00000. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Sarah Phillips, Museum Director D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-485 Approve Museum Operating Budget Amendment for Fifth Ward Sponsorship for Teachers Night Out ($500) B A C KGRO UN DBACKGROUND The Museum received a sponsorship of $500 from Fifth Ward for the Museum's event, Teachers Night Out. A N A L Y SI SANALYSIS The receipt of the $500 sponsorship helps cover expenses for the Museum's first annual event to celebrate all hardworking Oshkosh Area School District (OASD) educators and staff with a free Teachers Night Out event. FI SC A L I M P A CTFISCAL I M P A C T The sponsorship has a positive fiscal impact on the Museum; the event was completely free for OASD staff and educators. REC O M M E N D A TI ONRECOMMENDATION For Teachers Night Out, the Museum recommends a Budget Amendment to add $500 to the Membership Fund 02271070-6529-00000. A t t a chment sAttachments RES 23-485 09/26/2023 23-485 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE MUSEUM OPERATING BUDGET AMENDMENT FOR FIFTH WARD BREWING SPONSORSHIP FOR TEACHERS NIGHT OUT ($500) INITIATED BY : OSHKOSH PUBLIC MUSEUM WHEREAS, the Common Council has adopted the 2023 Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the Oshkosh Public Museum sought sponsorship for the Museum’s first annual event honoring teachers, Teachers Night Out and received a sponsorship in the amount of $500.00 from Fifth Ward Brewing for the event; and WHEREAS, an amendment to the Museum Membership Budget within the 2023 Operating Budget is necessary to allocate funds for this. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Operating Budget, on file in the City Clerk's Office, is hereby amended to add five hundred dollars ($500.00) within Account Number 02271070 6529 00000. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Sarah Phillips, Museum Director D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-486 Approve Museum Operating Budget Amendment for Community First Credit Union Sponsorship of Día de los Muertos 2023 ($1,000) B A C KGRO UN DBACKGROUND The Museum received a sponsorship of $1,000 from Community First Credit Union for the Museum's annual event, Día de los Muertos. A N A L Y SI SANALYSIS The receipt of the $1,000 sponsorship will help cover expenses for the Museum's second annual celebration of Día de los Muertos; a celebration to honor and celebrate Hispanic culture. FI SC A L I M P A CTFISCAL I M P A C T The sponsorship has a positive fiscal impact on the Museum. REC O M M E N D A TI ONRECOMMENDATION For Día de los Muertos, the Museum recommends a Budget Amendment to add $1,000 to the Membership Fund 02271070-6529-00000. A t t a chment sAttachments RES 23-486 09/26/2023 23-486 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE MUSEUM OPERATING BUDGET AMENDMENT FOR COMMUNITY FIRST CREDIT UNION SPONSORSHIP OF DÍA DE LOS MUERTOS 2023 ($1,000) INITIATED BY : OSHKOSH PUBLIC MUSEUM WHEREAS, the Common Council has adopted the 2023 Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the Oshkosh Public Museum sought sponsorship to present special programming to honor and celebrate Hispanic culture through Día de los Muertos and received a sponsorship in the amount of $1000.00 from Community First Credit Union for the event; and WHEREAS, an amendment to the Museum Membership Budget within the 2023 Operating Budget is necessary to allocate funds for this. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Operating Budget, on file in the City Clerk's Office, is hereby amended to add one thousand dollars ($1000.00) within Account Number 02271070 6529 00000. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-488 Approve Conditional Use Permit Request for an Adaptive Reuse at 204 Church Avenue (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting a Conditional Use Permit approval for an adaptive reuse at 204 Church Avenue. The subject site is located at the northwesterly corner of Church Avenue and Central Street. According to the City records, this property was originally used as a single-family house. Between 1976 and 1977, the use changed to commercial. Since that time, the property switched uses back and forth from commercial to various institutional uses. The general area has a wide variety of uses, including governmental, institutional, low to high density residential, and commercial, many of which were former single-family structures converted to commercial uses. A N A L Y SI SANALYSIS The applicant is requesting approval for a Conditional Use Permit for an adaptive reuse of the property to convert the existing institutional residential use to a single-family use. Single-family uses are not permitted in the UMU Zoning District. However, as the original structure was constructed as a single-family house, an adaptive reuse is the prudent course of action to legally reestablish the single-family use. Staff is in support of the Conditional Use Permit for the adaptive reuse as the use conversion will not have a detrimental impact on the surrounding area and will not result in increased traffic to the site. FI SC A L I M P A CTFISCAL I M P A C T Approval of the Conditional Use Permit should return the subject parcel to the tax roll. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit for Property Located at 204 Church Avenue on September 19, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 23-488 204 Church 09/26/2023 23-488 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE CONDITIONAL USE PERMIT REQUEST FOR AN ADAPTIVE REUSE AT 204 CHURCH AVENUE PLAN COMMISSION RECOMMENDATION: Approved INITIATED BY : CLINTON LIARD, BEHIND STAINED GLASS, LLC WHEREAS, the Plan Commission finds that the Conditional Use Permit for an adaptive reuse at 204 Church Avenue, is consistent with the criteria established in Section 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Conditional Use Permit for an adaptive reuse at 204 Church Avenue, per the attached, is hereby approved, with the following conditions: 1. Is in harmony with the Comprehensive Plan. 2. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 204 CHURCH AVENUE Plan Commission Meeting of September 19, 2023 GENERAL INFORMATION Applicant/Property Owner: Clinton Liard, Behind Stained Glass, LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit approval for an adaptive reuse at 204 Church Avenue. Applicable Ordinance Provisions: Adaptive Reuses are permitted only through a Conditional Use Permit in the Urban Mixed Use District (UMU) as regulated in Section 30-53(C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is located at the northwesterly corner of Church Avenue and Central Street. The subject parcel is about 4,851 square feet (0.11 acres) in area and is developed with an existing 2,296 square foot two-story building constructed pre-1920. According to the City records, this property was originally used as a single-family house. Between 1976 and 1977, the use changed to commercial (abstract and title business). Since that time the property switched uses back and forth from commercial to various institutional uses. The general area has a wide variety of uses including governmental, institutional, low to high density residential and commercial, many of which were former single-family structures converted to commercial uses. Street View of Subject Site Subject Site: Existing Land Use Zoning Institutional Residential Urban Mixed Use (UMU) Recognized Neighborhood Organizations Zoning Institutional Residential Urban Mixed Use (UMU) Adjacent Land Use and Zoning: Existing Uses Zoning North Low-Density Residential Two-Flat Residential 10 with Planned Development Overlay (TR-10-PD) South Governmental (City Hall/Police Department) Institutional with Planned Development Overlay (I- PD) West Single-Family Residential Urban Mixed Use (UMU) East Institutional (Church) Institutional (I) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS The applicant is requesting approval for a Conditional Use Permit for an adaptive reuse of the property to convert the existing institutional residential use to a single-family use. Single-family uses are not permitted in the UMU Zoning District. However, as the original structure was constructed as a single-family house, an adaptive reuse is the prudent course of action to legally reestablish the single-family use. According to the applicant, the existing footprint of the building will not be changed and there are no external design modifications planned. Staff is in support of the Conditional Use Permit for the adaptive reuse as the use conversion will not have a detrimental impact on the surrounding area and will not result in increased traffic to the site. Architecturally, the building already fits the character of the surrounding area. Staff also feel the proposed use of the site will align with the design of the building itself, as the exterior appearance is consistent with that of a single-family home. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of a Conditional Use Permit approval for an adaptive reuse at 204 Church Avenue on September 19, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, Ms. Propp, Mr. Esslinger, and Mr. Loewenstein reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit approval for an adaptive reuse at 204 Church Avenue. Aerial View of Subject Site Mr. Nau presented the items and reviewed the site and surrounding area. The subject site is located at the northwesterly corner of Church Avenue and Central Street. The subject parcel is about 4,851 square feet (0.11 acres) in area and is developed with an existing 2,296 square foot two-story building constructed pre-1920. According to the City records, this property was originally used as a single-family house. Between 1976 and 1977, the use changed to commercial abstract and title business. Since that time the property switched uses back and forth from commercial to various institutional uses. The surrounding area has a wide variety of uses including government, with City Hall being across the street, other institutional uses and various residential uses to the north. The applicant is requesting approval for a Conditional Use Permit for reuse of the property to a single-family house. The UMU Zoning District does not allow single- family houses so the adaptive reuse course of action is best to reestablish the single- family use. According to the applicant, the existing building footprint will not be changed and there are no external design modifications planned. Over the years the structure has been well maintained. Staff is in support of the Conditional Use Permit for the adaptive reuse. It’s obvious when the house was originally constructed it was meant to be a single-family dwelling and it’s reverting back to that original use so staff is supportive of the adaptive reuse at 204 Church Avenue as requested. Mr. Perry opened up technical questions to staff. Ms. Scheuermann wondered between 1976 and today, every time they switched uses to Institutional, did it always come before Plan Commission to be changed again. Mr. Lyons responded no, as long as it was an institutional land use and various institutions were going in and out of it, it did not require city action. The reason it needs it now is because it is going back to residential. The benefit of adaptive re-use is that if it no longer is used as a single-family home and it wants to go back to institutional or something else allowed in that zoning district, it could easily go back by keeping that existing underlying UMU zoning. Ms. Scheuermann asked if there’s an expiration on an adaptive use. Mr. Lyons responded that conditional use permits do not expire as long as they are actively being used. If they cease being used for twelve consecutive months, they do expire. Ms. Scheuermann asked that in order to keep the flexibility, doing the adaptive reuse is better rather than zone change or plan development. Mr. Lyons said correct, if we did a zone change to TR-10 where the single-family home would be allowed, then if a title company wanted to go back in, they would be coming back and having to redo the zone change. There is no other single-family zoning adjacent to this so it would be very difficult to do it through a zone change. Mr. Perry asked if the owner/applicant wanted to make any statements. Clinton Laird, board member of Behind Stained-Glass LLC. Behind Stained Glass is owned by Calvary Sunrise, the church at 222 Church Avenue, Oshkosh, WI. We acquired this property a while back and it seemed the most logical use for it was residential, even though it had been used by a lawyer before that. The layout of the property seems best used as residential and is currently being used as a rental property and there is a single family living within it. We were recommended to seek this course of action from the City. Mr. Perry asked for any public comments. Mr. Perry closed public comments. No closing statement from the applicant. Motion by Scheuermann to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0. Page 4 Page 5 Page 6 Page 7 210 204 511 EASEMENT - MISC CENTRAL ST CENTRAL ST CHURCH AV CHURCH AV CHURCH AV CHURCH AV L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: katrinam 2 5 0 1 H A R R I S O N S T City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 8/18/2023 1 in = 20 ft1 in = 0 mi¯ 10 0 10 205 Feet Prepared by: City of Oshkosh, WI Page 8 CONDITIONAL USE PERMIT 204 CHURCH AVENUE PC: 9-19-2023 KENDAL R/MICHELLE A WATWOOD 143 CHURCH AVE OSHKOSH WI 54901 NORTH AMERICAN FNDTN OF ISLAMIC SERVICES 138 CHURCH AVE OSHKOSH WI 54901 FIRST PRESBYTERIAN CHURCH 110 CHURCH AVE OSHKOSH WI 54901 WE RENT HOUSES REAL ESTATE GROUP LLC 1511 OREGON ST OSHKOSH WI 54902 SONRISE MISSION INC 222 CHURCH AVE OSHKOSH WI 54901 MARK W AREND 210 CHURCH AVE OSHKOSH WI 54901 Page 9 W PA R K WAY AV CHURCH AV DIVISIONST CE NTRAL ST FRANKL I N S T FREDERICK ST CENTRAL ST ALGOMA BLVD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/18/2023 1 in = 120 ft 1 in = 0.02 mi¯204 CHURCH AVENUE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 10 W LINCOLN AV C OMMERCE S T DAWES ST W PAR KWAY AV E LINCOLN AV MERRITT AV HUDSON AV DIVISION ST NORTHWESTERN AV PEARL AV COURT ST PEARL AVCITY CENTER CAMPUS PL WAUGOO AV CHURCHAV OTTER AV JEFFERSON ST DAWES ST DIVISION ST FREDERICK ST FRANKLIN ST CENTRAL ST WRIGHT ST CHERRY ST W LINCOLN AV IDA AV FULTON AV MT VERNON ST E PARKWAY AV CHURCH AV MARKETST RIVERWAY DR W LINCOLN AV DIVISION ST BROWN ST MARKETST MT VERNON ST DIVISION ST CENTRAL ST FREDERICK ST UNION AV PL EA SA N T S T MA DIS ON S T AMHERST AV AMHERST AV OXFORD AV DALE AV JEFFERSON ST MARION RD FRANKLIN ST STATE ST CENTRAL ST WISCONSIN ST E IRVING AVW IRVING AV ALGOMA BLVD HIGHAV WASHINGTON AV N MAIN ST JACKSON ST JACKSON ST C M U C M U C M U C M U C M U -P D C M U -P D C M U -R F O I I I I I I I I -P D I -P D I-PD I -P D I -P D I-P D I-P D I-P D I -P DI-P D I-PD I-P D -U TO I-P D -U T O I-U T O MR -20-U T O MR -20-U T O M R -3 6 M R -3 6 -U TO MULTIPLE R M U -P D -R F O T R -1 0 TR-10 T R -1 0 T R -1 0 T R -1 0 -P D T R -1 0 -P D T R -1 0 -U TO T R -1 0 P D U T O U M U U M U U M U U M U U M U U M U U M U -P D U M U -P D U M U -P D UMU-PD U M U -P D -U T O U M U -U T O U M U -U TO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/18/2023 1 in = 500 ft 1 in = 0.09 mi¯204 CHURCH AVENUE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 11 W PA R K WAY AV CENTR AL ST FRANKLI N S T FRE DERICK ST CHURCH AV CENTRAL ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/18/2023 1 in = 100 ft 1 in = 0.02 mi¯204 CHURCH AVENUE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 12 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-489 Approve General Development Plan and Specific Implementation Plan for Property Located at 3463 Compass Way (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The petitioner requests General Development and Specific Implementation Plan approval for an industrial development at 3463 Compass Way. The subject area involving this request consists of a 31.63-acre vacant parcel located along Compass Way/Transit Drive, east of Clairville Road. The subject site as well as the surrounding area is located in the Southwest Industrial Park and consists of vacant land and industrial uses to the south. A N A L Y SI SANALYSIS The applicant is proposing to develop the subject property for manufacturing of concrete and associated activities. This will include railroad access and car storage, along with transload facilities for the receiving, storage, and shipping of various sands and aggregates. Outdoor storage piles will also be located on the site. The site will also include a recycling facility for the separation and recapture of sands and gravels from wet concrete not used at jobsites. The applicant anticipates that the site will initially have up to 5 employees and up to 30 employees when fully developed. The proposed site will have two driveway accesses from Compass Way/Transit Drive. The plan includes four buildings centrally located on the site. The proposed buildings are a railroad car off-load facility, aggregate storage facility, ready-mix plant, and re-claim plant. The site also includes an approximately 185,000 sq. ft. outdoor storage area at the southwest portion of the site. Code requires outdoor storage areas to be screened from non-industrialized areas by any permitted combination of buildings, structures, walls, and solid fencing. Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen all stored materials from view from non-industrialized areas. As neighboring properties are industrial-zoned, screening will only need to be provided for the public right-of- way. The applicant has provided several evergreen and deciduous trees on the street sides of the outdoor storage area. Staff is recommending that the landscaping between the storage area and street be increased to form a solid row of evergreen trees to fully screen the view of the storage area, or provide 8' tall solid fencing to meet the screening requirement. The plan shows 19 striped parking stalls, where code requires 1 parking stall per employee at the largest work shift. As the applicant has stated that there will be up to 30 employees, an additional 11 parking stalls will need to be striped to meet the parking requirement. The plan shows sufficient paved area to provide these stalls, which can be addressed during Site Plan Review. The plan for the ready-mix plant building shows an overall height of 88', where the maximum building height in the HI district is 60'. According to the applicant, the increased height is needed to enclose tall cement silos that would otherwise be exposed. The applicant has noted that they will provide additional stone veneer on the building and increased building foundation plantings to offset the requested Base Standard Modification (BSM) for increased height. Staff is supportive of the request BSM as the increased height for the tower is needed to accommodate the proposed land use. The site is located within an Airport Height Zoning District, limiting building heights to a maximum elevation of 925'. The applicant has stated that Winnebago County has verified that the building is below the maximum elevation. Written verification of this will be required to be submitted as part of the Site Plan Review approval. To offset the requested BSM, Staff is recommending a condition that a minimum of 20% of the Redi-mix Plant building facades be devoted to Class I materials. The provided lighting plan is deficient of the code requirement for lighting levels for drive aisles and parking areas of 0.4 fc lighting illumination. The plan shows 28' tall light poles being utilized, which exceeds the maximum light fixture height of 25' for the HI district. These items may be addressed during Site Plan Review. Trees and shrubs will need to be added or reallocated from other areas of the site to meet all of these requirements, and can be addressed during Site Plan Review. The applicant will need to reallocate some of these trees to meet paved area, yard, and screening requirements. The applicant has provided elevations for the buildings, which will be clad in a combination of faux stone veneer, metal panels, and concrete panels. The provided elevations meet the Class I material requirement for facades facing a public street with the exception of the north elevation of the re-claim plant, which shows 0% Class I materials. Plan Commission recommends that Class I materials be added to the exterior of this façade to meet the code requirement. FI SC A L I M P A CTFISCAL I M P A C T Approval of this will result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $7 million on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a General Development Plan and Specific Implementation Plan for Property Located at 3463 Compass Way with findings and conditions on September 19, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 23-489 3463 Compass Way 09/26/2023 23-489 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 3463 COMPASS WAY PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions. INITIATED BY : LYCON, INC. WHEREAS, the Plan Commission finds that the General Development and Specific Implementation Plan approval for an industrial development at 3463 Compass Way. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval of a General Development and Specific Implementation Plan approval for an industrial development located at 3463 Compass Way, is hereby approved with the following findings: 1. The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 2. The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) 3. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. 4. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 5. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. BE IT FURTHER RESOLVED that the following are conditions of approval for a General Development and Specific Implementation Plan approval for an industrial development at 3463 Compass Way: 1. The outdoor storage area shall be screened from the public right-of-way by solid row of evergreen trees or 8’ tall solid fencing. 2. A minimum of 1 parking space shall be provided per employee at the largest work shift. 3. Base Standard Modification to allow increased building height for Redi-mix Plant to 88’, where code allows a maximum building height of 60’. 4. A minimum of 20% of the Redi-mix Plant building facades shall be devoted to Class I materials. 5. Final landscaping plan, lighting plan, and building elevations shall be reviewed and approved by the Department of Community Development. ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN REVIEW FOR AN INDUSTRIAL DEVELOPMENT AT 3463 COMPASS WAY Plan Commission meeting of September 19, 2023 GENERAL INFORMATION Owner/Applicant: Lycon, Inc. Action(s) Requested: The petitioner requests General Development and Specific Implementation Plan approval for an industrial development at 3463 Compass Way. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject area involving this request consists of a 31.63-acre vacant parcel located along Compass Way/Transit Drive, east of Clairville Road. The subject site as well as the surrounding area is located in the Southwest Industrial Park and consists of vacant land and industrial uses to the south. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. Subject Site Existing Land Use Zoning Industrial HI-PD Adjacent Land Use and Zoning Existing Uses Zoning North Vacant HI-PD South Vacant & Industrial HI-PD East Vacant HI-PD West Vacant HI-PD Recognized Neighborhood Organizations N/A Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Industrial ANALYSIS Use The applicant is proposing to develop the subject property for manufacturing of concrete and associated activities. This will include railroad access and car storage along with trans-load facilities for the receiving, storage, and shipping of various sands and aggregates. Outdoor storage piles will also be located on the site. The site will also include a recycling facility for the separation and recapture of sands and gravels from wet concrete not used at jobsites. The applicant anticipates that the site will initially have up to 5 employees and up to 30 employees when fully developed. The proposed industrial use is permitted in the HI district and the outdoor storage use is a conditional use. Site Design The proposed site will have two driveway accesses from Compass Way/Transit Drive. The plan includes four buildings centrally located on the site. The proposed buildings are a railroad car off-load facility, aggregate storage facility, Red-mix plant, and Re-claim plant. The site also includes an approximately 185,000 sq. ft. outdoor storage area at the southwest portion of the site. Code requires outdoor storage areas to be screened from non-industrialized areas by any permitted combination of buildings, structures, walls, and solid fencing. Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen all stored materials from view from non- industrialized areas. As neighboring properties are industrial-zoned, screening will only need to be provided for the public right-of-way. The applicant has provided several evergreen trees and deciduous on the street sides of the outdoor storage area. Staff is recommending that the landscaping between the storage area and street be increased to form a solid row of evergreen trees to fully screen the view of the storage area or provide 8’ tall solid fencing to meet the screening requirement. Required Provided Front Setback (north/east) 30 ft. min. 60.28 ft. Side Setback (south) 20 ft. min. 20 ft. Side Setback (west) 20 ft. min. 23.42 ft. Parking (site as a whole) 30 spaces 19 spaces Impervious Surface 70% max. 32% +/- Building Height 60 ft. max. 88 ft. The submitted plan is meeting all applicable setback and impervious surface requirements. The plan shows 19 striped parking stalls, where code requires 1 parking stall per employee at the largest work shift. As the applicant has stated that there will be up to 30 employees, an additional 11 parking stalls will need to be striped to meet the parking requirement. The plan shows sufficient paved area to provide these stalls which can be addressed during Site Plan Review. The plan for the Redi-mix Plant building shows an overall height of 88’, where the maximum building height in the HI district is 60’. According to the applicant, the increased height is needed to enclose tall cement silos that would otherwise be exposed. The applicant has noted that they will provide additional stone veneer on the building and increased building foundation plantings to offset the requested Base Standard Modification (BSM) for increased height. Staff is supportive of the request BSM as the increased height for the tower is needed to accommodate the proposed land use. The site is located within an Airport Height Zoning District, limiting building heights to a maximum elevation of 925’. The applicant has stated that Winnebago County has verified that the building is below the maximum elevation. Written verification of this will be required to be submitted as part of the Site Plan Review approval. To offset the requested BSM, Staff is recommending a condition that a minimum of 20% of the Redi-mix Plant building facades be devoted to Class I materials. Signage The applicant’s submittal does not include signage. Any new signage shall meet base code standards allowed in the HI Zone District. Lighting The provided lighting plan is deficient of the code requirement for lighting levels for drive aisles and parking areas of 0.4 fc lighting illumination. The plan shows 28’ tall light poles being utilized, which exceeds the maximum light fixture height of 25’ for the HI district. These items may be addressed during Site Plan Review. Storm Water Management Storm water management plans have been submitted and are under review by the Department of Public Works. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Paved Area, Street Frontage, Foundation and Yard landscaping points are required for the proposed site. Landscape Plan Points Required Points Provided Paved Areas 509 (152.7 tall trees, 203.6 shrubs) 45 (0 tall trees, 15 shrubs) Street Frontage 795 (397.5 medium trees) 2726 (1,276 medium trees) Foundation 246 495 Yard 2,011 323 Total 3,561 3,589 Building Foundation The proposed building foundation landscaping exceeds the point requirement of 20 points per 100 linear feet of building foundation. Paved Area The proposed landscaping plan does not meet the point requirement of 30 landscaping points 10,000 sq. ft. of paved area. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs and a tall deciduous/shade tree is required at the ends of all parking rows. These requirements are also not being met. Trees and shrubs will need to be added or reallocated from other areas of the site to meet all of these requirements, and can be addressed during Site Plan Review. Street Frontage Code requires 30 points per 100 feet of street frontage. The landscaping ordinance also specifies that 50% of the required points must be devoted to medium trees. The plan significantly exceeds these point requirements. The applicant may reallocate some of these trees to meet paved area, yard, and screening requirements. Yards Code requires 10 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard landscaping points do not meet the code requirement. However, the applicant may reallocate excess Street Frontage landscaping points to meet this requirement. Building Facades Section 30-244 of the zoning ordinance requires industrial buildings to be clad in Class I, II or III materials. The ordinance also states that for all facades facing a public street shall be composed of at least 15% Class I materials, but may be reduced to 10% of the façade provided that other elements are incorporated into the building and site design such as façade articulation or increased landscaping. Concrete panels (tilt-up/precast) may be used if they are part of a palette of permitted materials or if they incorporate horizontal and vertical articulation including, but not limited to, changes in color or texture. Non- decorative metal panels may be used if enhanced on all elevations with Class I or II materials amounting to more than 15 percent of each façade. The applicant has provided elevations for the buildings, which will be clad in a combination of faux stone veneer, metal panels, and concrete panels. The provided elevations meet the Class I material requirement for facades facing a public street, with the exception of the north elevation of the Re-claim Plant which shows 0% Class I materials. Staff recommends that Class I materials be added to the exterior of this façade to meet the code requirement. Concrete panels are used on all building elevations. Horizontal and vertical articulation will need to be provided on these façade areas to meet industrial building design standards. Non-decorative metal panels are utilized on the Redi-mix Plant and Aggregate Storage Facility buildings. Class I materials have been provided on each of these facades to meet design standards. Building North Elevation South Elevation East Elevation West Elevation Aggregate Storage Facility 28% Class I* 18% Class I 18% Class I 18% Class I Redi-mix Plant 12% Class I* 16% Class I 15% Class I 18% Class I Re-claim Plant 0% Class I* 0% Class I 21% Class I* 0% Class I *Street facing Aggregate Storage Facility elevations Redi-mix Plant elevations Re-claim Plant elevations Railroad Car Off-load Facility elevations FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings listed above with the proposed following conditions: 1. The outdoor storage area shall be screened from the public right-of-way by solid row of evergreen trees or 8’ tall solid fencing. 2. A minimum of 1 parking space shall be provided per employee at the largest work shift. 3. Base Standard Modification to allow increased building height for Redi-mix Plant to 88’, where code allows a maximum building height of 60’. 4. A minimum of 20% of the Redi-mix Plant building facades shall be devoted to Class I materials. 5. Final landscaping plan, lighting plan, and building elevations shall be reviewed and approved by the Department of Community Development. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of General Development and Specific Implementation Plan approval for an industrial development at 3463 Compass Way on September 19, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests General Development and Specific Implementation Plan approval for an industrial development at 3463 Compass Way. Mr. Slusarek presented the items and reviewed the site and surrounding area. The subject site is a 31.63-acre vacant parcel located along Compass Way/Transit Drive, east of Clairville Road and is located in the Southwest Industrial Park and the surrounding area is a mixture of vacant land and industrial uses. The applicant is proposing to develop the subject property for manufacturing of concrete and associated activities. This will include railroad access and car storage along with trans-load facilities for the receiving, storage, and shipping of various sands and aggregates. The applicant anticipates that the site will initially have up to 5 employees and up to 30 employees when fully developed. The proposed site will have two accesses from Compass Way/Transit Drive and will include four buildings centrally located on the site. The site also includes an approximately 185,000 sq. ft. outdoor storage area at the southwest portion of the site. Screening is required from non-industrialized areas so the applicant will need to provide screening from the public right of way along Compass Way and Transit Drive. Staff is recommending a solid row of evergreen trees to fully screen view the storage area or provide 8-foot-tall solid fencing to meet those screening requirements. Code requires 1 parking stall per employee at the largest work shift for industrial uses. As the applicant has stated that there will be up to 30 employees, an additional 11 parking stalls will need to be striped to meet the parking requirement. The plan shows sufficient paved area to accommodate the additional parking stalls. The plan for the Redi-mix Plant building shows an overall height of 88’, where the maximum building height in the HI district is 60’. According to the applicant, the increased height is needed to enclose tall cement silos that would otherwise be exposed. Staff is supportive of the request BSM as the increased height for the tower is needed to accommodate the proposed land use. The applicant has stated that Winnebago County has verified that the building is below the maximum airport height elevation. To offset the requested BSM, staff is recommending a condition that a minimum of 20% of this building be devoted to Class I materials. The provided lighting plan is deficient of the code requirement for lighting levels for drive aisles and parking areas of 0.4 fc lighting illumination. The plan shows 28’ tall light poles being utilized, which exceeds the maximum light fixture height of 25’ for the HI district. These items will be addressed during Site Plan Review. The landscaping plan is exceeding the point requirement for building foundation landscaping and it is deficient of the paved area landscaping point requirements. The paved area landscaping requirements also include 30% of the points being devoted to trees and 40% of shrubs and a tall deciduous or shade tree at the ends of all parking rows. These requirements are also not being met with this plan and that will need to be addressed during site plan review. They are exceeding the point requirement for the street frontage landscaping and they can reallocate some of those points for the paved area landscaping. They’re also deficient on the yard landscaping but again, they have excessive street frontage landscaping so they can reallocate some of those points to meet those deficiencies. The Redi-mix Plant building, the aggregate storage facility, and the reclaimed plant will be clad in a combination of faux stone veneer, metal, and concrete panels. The elevations meet the Class I material requirement for facades facing a public street, with the exception of the north elevation of the reclaimed plant, which shows zero percent Class I materials so staff is recommending they increase those materials to the code minimum along the north facing façade. The Redi-mix Plant, as previously discussed, will also need to include 20% Class I materials to offset the requested BSM for the increased height. Staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann stated there seem to be a lot of recommendations. Mr. Lyons said there are changes that need to be made to meet code because there are some deficiencies and those are outlined in this plan. At this point we want to get the project moving forward, get it into Plan Commission, and Council’s hands. The issues that remain are relatively minimal, like the landscaping. It is just a matter of reallocating things into different places of the site. They have enough room, and just need to stripe some of the parking. Staff felt they could work with the owner to resolve some of the final details. Ms. Scheuermann asked if there were items the owner says no to, after Plan Commission approval, would the owner have to come back to Plan Commission again. Mr. Lyons stated, correct, if Plan Commission and Council approve with the findings and conditions listed, and the owner does not want to comply, they would have to come back and ask for a change. Mr. Perry asked if the owner/applicant wanted to make any statements. GR Lyons, President of Lycon Incorporated, 1110 Harding Street Janesville WI, made himself available for questions. We fully intend to make this a showpiece and we can demonstrate that with the other plants we have constructed around the state. He encourages you to reach out to the Village of Oregon or the City of Middleton and their planning departments to see what they have thought. The purpose behind this facility is to have a state-of-the-art and lowest carbon footprint plant we can have in the marketplace. That is the idea behind the railroad and recycling of the leftover concrete so we can reutilize those aggregates rather than throwing it away and bringing fresh in. Mr. Perry asked for any public comments. Mr. Perry closed public comments. No closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0. Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-490 Approve Amendment to TID #43 Development Agreement with The Mill on Main PH 1, LLC B A C KGRO UN DBACKGROUND An amendment has been requested for the Development Agreement with The Mill on Main PH 1, LLC for the TID #43 Mill on Main redevelopment project. The Common Council approved the creation of TID No. 43 on August 23, 2022 for a mixed-use redevelopment project located on the Fox River generally east of South Main Street, north of East 9th Avenue, and west of Pioneer Drive in the Sawdust District. The project includes 296 residential units and approximately 19,375 square feet of commercial space, together with underground and surface parking and other infrastructure and site improvements. The project will be constructed in three phases. The environmental issues will be taken care of as part of the construction process and after construction is complete, the Wisconsin Department of Natural Resources will issue a Voluntary Party Liability Exemption (VPLE), which removes liability of the contamination issues that were remediated as part of the construction. After the VPLE is received for the phase that was constructed upon, the property will be transferred to the developer. A N A L Y SI SANALYSIS The developer is requesting an amendment to the TID #43 Development Agreement to extend the date for construction commencement to March 31, 2024 from the agreed upon September 30, 2023, and the date for substantial completion to December 31, 2025 from the agreed upon December 31, 2024. The developer has indicated that the process to obtain funding from lending institutions has taken longer than anticipated due to the increased cost of financing for the project. The developer stated that they are still planning on starting construction this fall, but if favorable funding is not able to be attained before the end of the year, they would start construction in the spring. City staff has received correspondence from the developer's lender indicating that they are currently working through the underwriting process. FI SC A L I M P A CTFISCAL I M P A C T The City's TIF obligation is estimated to be twenty-seven (27) years long and the TIF payment shall not exceed approximately $20 million or 25% of the total project costs. The City's exposure is limited because the TIF obligation is a "pay as you go," which is dependent on the developer's ability to pay their annual taxes and create additional increment. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Common Council approve the Amendment to TID #43 Development Agreement with The Mill on Main PH 1, LLC. A t t a chment sAttachments RES 23-490 TID43 09/26/2023 23-490 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE AMENDMENT TO TID #43 DEVELOPMENT AGREEMENT WITH MILL ON MAIN PH 1, LLC INITIATED BY : COMMUNITY DEVELOPMENT WHEREAS, the Common Council approved a Development Agreement with Mill on Main PH 1, LLC for the redevelopment of RDA property in the Sawdust District on August 23, 2022; and WHEREAS, Mill on Main PH 1, LLC is requesting to amend said Development Agreement to extend to extend the date for construction commencement to March 31, 2024 from the agreed upon September 30, 2023 and change the date for substantial completion to December 31, 2025 from the agreed upon December 31, 2024 due to the increased cost for financing the project. 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 execute an amendment for the TID #43 Development Agreement with Mill on Main PH 1, LLC, per the attached, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Development Agreement. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-491 Approve Amendment to TID #40 Development Agreement with MK Lofts, LLC B A C KGRO UN DBACKGROUND The Oshkosh Common Council approved the creation of TID No. 40 on March 9th, 2021 for the redevelopment of the former Miles Kimball building on the corner of South Main Street and West 9th Avenue. The building was constructed in 1904 and was acquired by the Oshkosh Redevelopment Authority in 2005. Since then, the building has sat vacant and further deteriorated. Miles Kimball, LLC proposed to rehab the building and construct twenty-eight (28) market rate apartments in the four-story building. The TID #40 Development Agreement was approved on August 4, 2021 and multiple amendments to that agreement have been approved since then. The building was sold in 2023 to MK Lofts, LLC. A N A L Y SI SANALYSIS The developer is requesting their third amendment to the TID #40 Development Agreement to extend the completion date of the project from October 1, 2023 to June 1, 2024. Originally, the project was projected to be completed on September 1, 2022, but the Agreement was amended to extend the completion date to April 1, 2023. A second amendment was approved to extend the completion date to October 1, 2023. The developer has requested a third amendment to extend the completion date to June 1, 2024. The developer has indicated that the building has had unanticipated issues due to the age, labor shortages, and materials being delayed. FI SC A L I M P A CTFISCAL I M P A C T The City's TIF obligation is estimated to be twenty-five (25) years long and the principal TIF payment shall not exceed $1,150,000 million. The City's exposure is limited because the TIF obligation is a "pay as you go," which is dependent on the developer's ability to pay their annual taxes and create additional increment. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Common Council approves the resolution and authorizes staff to execute the proposed amendment to the existing TID# 40 Development Agreement. A t t a chment sAttachments RES 23-491 TID40 09/26/2023 23-491 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE AMENDMENT TO TID #40 DEVELOPMENT AGREEMENT WITH MK LOFTS, LLC INITIATED BY : COMMUNITY DEVELOPMENT WHEREAS, the Common Council approved a Development Agreement with Miles Kimball LLC for the redevelopment of the Miles Kimball building on August 4, 2021; and WHEREAS, the Common Council approved an amendment to the TID #40 Development Agreement to extend the project completion date from September 1, 2022 to April 1, 2023 on October 25, 2022; and WHEREAS, the Common Council approved a second amendment to the TID #40 Development Agreement to extend the project completion date from April 1, 2023 to October 1, 2023 on March 28, 2023; and WHEREAS, the Common Council approved a Consent to Assign the TID #40 Development Agreement to MK Lofts, LLC for the redevelopment of the Miles Kimball building on July 11, 2023; and WHEREAS, Miles Kimball LLC is requesting to amend said TID #40 Development Agreement a third time to extend the project completion deadline from October 1, 2023 to June 1, 2024 due to supply chain issues, labor shortages and unexpected project costs. 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 execute an amendment for the TID #40 Development Agreement with MK Lofts, LLC for the redevelopment of the Miles Kimball building, per the attached, in substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Development Agreement. THIRD AMENDMENT TO TAX INCREMENTAL DISTRICT NO. 40 DEVELOPMENT AGREEMENT (MILES KIMBALL BUILDING PROJECT) This Third Amendment to the Tax Incremental District No. 40 Development Agreement (the “Third Amendment”) is made this ___ day of September, 2023 (the “Effective Date”), by and between the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation and MK LOFTS, LLC, a Wisconsin limited liability company (the "Developer"). RECITALS WHEREAS, the City has established Tax Incremental District No. 40 (the “District”) as a district in which at least fifty percent (50%) of the property within the District is in need of rehabilitation or conservation work, as defined in Wis. Stat. Sec. 66.1337(2m)(a), and in which certain costs incurred for redevelopment of the District may be reimbursed from property tax increment as provided by State law; and WHEREAS, pursuant to the District Plan, a Development Agreement was entered into on or about August 4, 2021 which required that construction of the proposed Project begin on or before October 1, 2021 and be diligently pursued with substantial completion and issuance of a certificate of occupancy on or before September 1, 2022; and WHEREAS, an Amendment to the Development Agreement was approved on October 25, 2022 which extended the date for substantial completion and issuance of a certificate of occupancy on or before April 1, 2023; and WHEREAS, a Second Amendment to the Development Agreement was approved on March 28, 2023 which extended the date for substantial completion and issuance of a certificate of occupancy on or before October 1, 2023; and WHEREAS, the Common Council approved a Consent to Assign the TID #40 Development Agreement to MK Lofts, LLC for the redevelopment of the Miles Kimball building on July 11, 2023; and WHEREAS, commencement of the construction of the Project was timely but the delivery of the construction supplies have been delayed and unexpected issues have arose and have delayed the completion of the project; and WHEREAS, the Developer has requested to amend the Development Agreement to amend the date for substantial completion to June 1, 2024. NOW THEREFORE, in consideration of the recitals, the terms and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. AMENDMENT. The parties agree to amend Paragraph II (B) and (E) of the Developer Agreement as follows: II. DEVELOPER'S OBLIGATIONS. B. Project Construction. Developer shall commence construction of the Developer Project on or before October 1, 2021. Once commenced, Developer shall diligently pursue completion of construction of the Project in accordance with applicable City ordinances and City-approved plans for the Property so that in any case construction shall be substantially completed by June 1, 2024 (the “Completion Date”). For purposes hereof, “substantially complete” shall mean the issuance of a certificate of occupancy for the Project. Developer agrees that is shall expend Project Costs in an amount of not less than Four Million Seven Hundred Seventy Five Thousand and No/100 Dollars ($4,750,000.00) (“Minimum Project Costs”). (The “Amended Language”). Verification of Project Costs. Developer shall, upon completion of the Project and, in any event, prior to August 31, 2024, submit to the City a complete accounting of its Project Costs, including all invoices and evidence of payment. II. EFFECT OF AMENDMENT. The Amended Language of this Third Amendment shall supersede and supplant the language in paragraph II (B) and (E) of the Development Agreement as amended by the First and Second Amendment thereto as if stated fully therein. All other paragraphs and provisions of Development Agreement not otherwise addressed in this First, Second or Third Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date stated in the first paragraph of this Agreement. MK LOFTS, LLC By: Name: Title: STATE OF _____________ } } SS COUNTY OF ____________ } Personally came before me this ______ day of September, 2023, the above-named ___________________________, to me known to be the ______________, of MK Lofts, LLC, and the person who executed the foregoing instrument on behalf of the limited liability company. * Notary Public, State of My Commission: CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager By: Diane Bartlett, City Clerk Approved as to form: By: Lynn A. Lorenson, City Attorney STATE OF WISCONSIN } } SS COUNTY OF WINNEBAGO } Personally came before me this _____ day of September, 2023, the above named Mark A. Rohloff and Diane Bartlett, to me known to be the City Manager and City Clerk, respectively, of the City of Oshkosh, Wisconsin, and the persons who executed the foregoing instrument. * Notary Public, State of Wisconsin My Commission: My Commission: TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-492 Approve Acceptance of Community Development Investment Vibrant Spaces Program Grant from Wisconsin Economic Development Corporation ($32,750.00) B A C KGRO UN DBACKGROUND The City is requesting approval for acceptance of grant funds from the Wisconsin Economic Development Corporation (WEDC) for the Community Development Investment (CDI) Vibrant Spaces program on behalf of Downtown Oshkosh Business Improvement District (BID). A component of the grant process seeks the acceptance of the local governance body for the organization's enrollment in the program. A N A L Y SI SANALYSIS The Vibrant Spaces grant is a new pilot program within WEDC's CDI grant program to help local communities develop and enhance public gathering places to foster community connections, provide accessible locations for the programming and amenities desired by local residents, and boost foot traffic for area businesses. The BID is proposing to accept this grant funding to activate the public alley located behind 401 North Main Street and 110 Algoma Boulevard and turn it into a pedestrian-friendly area with seating, public art, and meeting space. WEDC requires a 1:1 cash match, so the BID must find sponsorships or use their fund balance to offset the $32,750 required to cover half of the $65,500 in total project costs. FI SC A L I M P A CTFISCAL I M P A C T The BID has $32,750 in matching funds necessary for the grant. There will be no city funds contributed towards the project. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Common Council approves the City's acceptance of grant funds from WEDC for the CDI Vibrant Spaces Program on behalf of the BID in the amount of $32,750.00. A t t a chment sAttachments RES 23-492 09/26/2023 23-492 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE ACCEPTANCE OF COMMUNITY DEVELOPMENT INVESTMENT VIBRANT SPACES PROGRAM GRANT FROM WISCONSIN ECONOMIC DEVELOPMENT CORPORATION ($32,750.00) INITIATED BY : COMMUNITY DEVELOPMENT WHEREAS, the City of Oshkosh has been awarded an Wisconsin Economic Development Corporation (WEDC) grant in the amount of $32,750.00 for the Community Development Investment (CDI) Vibrant Spaces program on behalf of Downtown Oshkosh Business Improvement District (BID). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts a Wisconsin Economic Development Corporation (WEDC) grant in the amount of $32,750.00 for the Community Development Investment (CDI) Vibrant Spaces program on behalf of Downtown Oshkosh Business Improvement District (BID), and the proper City officials are hereby authorized and directed to execute the attached Agreement for purposes of same, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Agreement for this project. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Dan Braun, Senior Services Manager D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-493 Approve Acceptance of a Donation from the Friends of the Oshkosh Seniors Center Inc., and Amend the 2023 Senior Services Division Program Budget ($4,900) B A C KGRO UN DBACKGROUND The Oshkosh Seniors Center recently received a donation of $4,900 which was not anticipated to support programming. The Friends of the Oshkosh Seniors Center Inc. donation will help support the continuation of programming. A N A L Y SI SANALYSIS Assuming the City Council approves the acceptence of this donation, funds will be allocated to the Seniors Center revenue account and expenditure accounts for non-inventory supplies, marketing and promotion. FI SC A L I M P A CTFISCAL I M P A C T The acceptance of these grant funds in the amount of $4,900 will offset expenditures in the Oshkosh Seniors Center 2023 budget. Deposit $4,900 in donations, Acct. Number SRDON 02010760-4952-11504 from Friends of the Oshkosh Seniors Center, Inc. Allocate $100 to Acct. Number 02010760 6411 11513 Allocate $4,000 Acct. Number 02010760 6529 11513 Allocate $800 Acct. Number 02010760 6550 11513 REC O M M E N D A TI ONRECOMMENDATION Staff recommends that the Council adopt this resolution. A t t a chment sAttachments RES 23-493 09/26/2023 23-493 RESOLUTION CARRIED 7-0 PURPOSE: Approve Acceptance of a Donation from the Friends of the Oshkosh Seniors Center Inc., and Amend the 2023 Senior Services Division Program Budget ($4,900) INITIATED BY : Oshkosh Seniors Center WHEREAS, the Common Council has adopted the 2023 Program Budget, which is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, it is necessary to amend the 2023 Oshkosh Seniors Center Program Budget to account for unanticipated income and expenditures for non-inventory, supplies, marketing and promotion. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Program Budget, on file in the City Clerk's office, is hereby amended as follows: To deposit $4,900 in donations, Acct. Number SRDON 02010760-4952-11504 from Friends of the Oshkosh Seniors Center, Inc. To allocate $100 to Acct. Number 02010760 6411 11513 To allocate $4,000 Acct. Number 02010760 6529 11513 To allocate $800 Acct. Number 02010760 6550 11513 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-494 Approve Special Event - Christine Ann Domestic Abuse Services, Inc. to Utilize City Streets for the Take Back the Night Event, October 17, 2023 A t t a chment sAttachments RES 23-494 Take Back the Night Attachment 9/26/2023 23-494 RESOLUTION CARRIED 7-0 PURPOSE: Approve Special Event / Christine Ann Domestic Abuse Services / Utilize City Streets for the Take Back the Night event / October 17, 2023 INITIATED BY : City Administration NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Christine Ann Domestic Abuse Services, Inc. (Alicia Gehrig) to utilize City streets on Wednesday, October 17, 2023 from 5:30 p.m. to 7:00 p.m. for the Take Back the Night event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $312.86 (preliminary estimate includes dedicated staff of 4.5 CSO hrs., and 3 officer hrs.) Equipment / Vehicle $64.20 (preliminary estimate includes dedicated vehicle hrs.) Streets Staffing $31.92 (preliminary estimate includes 1 hr. staff time for delivery & pick up of barricades & signs) Equipment/Vehicle $22.99 (preliminary estimate includes delivery & pick up of barricades & signs) Supplies/Materials $33 (preliminary estimate includes use of barricades & signs) TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-495 Approve Special Event - Oshkosh West High to Utilize City Streets for Their Homecoming Parade, September 29, 2023 A t t a chment sAttachments RES 23-495 OWH Homecoming Parade 09/26/2023 23-495 RESOLUTION CARRIED 7-0 PURPOSE: Approve Special Event / Oshkosh West High School / Utilize City streets for the Oshkosh West Homecoming Parade / September 29, 2023 INITIATED BY : City Administration NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Oshkosh West High School (Brad Jodarski) to utilize city streets: N. Eagle St., Taft Ave., Southland Ave., and N Westfield St. on Friday, September 29, 2023 from 5:00 p.m. to 6:15 p.m. for the Oshkosh West Homecoming Parade in accordance with the municipal code and the attached application, with the following exception/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost of Extraordinary Services None TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-496 Approve Special Event - Compassus Hospice to Utilize the Oshkosh Seniors Center & William Steiger Park Parking Lot for the Annual Remembrance Gathering, October 26, 2023 A t t a chment sAttachments RES 23-496 Compassus Annual Remembrance Gathering attachment 09/26/2023 23-496 RESOLUTION CARRIED 7-0 PURPOSE: Approve Special Event / Compassus Hospice / to host their Annual Remembrance Gathering at Steiger Park & Oshkosh Seniors Center parking lots / October 26, 2023 INITIATED BY : City Administration NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Compassus Hospice to host their Annual Remembrance Gathering at Steiger Park & Oshkosh Seniors Center parking lots on Wednesday, October 26, 2023 from 5:30 p.m. to 7:00 p.m. in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-497 Approve Block Party - Amy Mehling to Utilize Templeton Place for a Neighborhood Block Party, October 22, 2023 A t t a chment sAttachments RES 23-497 Mehling Block Party attachment 09/26/2023 23-497 RESOLUTION CARRIED 7-0 PURPOSE: Approve Block Party / Amy Mehling / to utilize Templeton Place for a neighborhood block party / October 22, 2023 INITIATED BY : City Administration NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Amy Mehling to utilize Templeton Place for a neighborhood block party on Sunday, October 22, 2023, from 4:00 p.m. to 8:00 p.m. in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow animals for the purpose of a petting zoo. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs of extraordinary service. Approval of this request shall not be interpreted as approval to conduct the block party during any period of emergency order or declaration prohibiting such an event. Approval of this block party shall not be interpreted to supersede any emergency order or declaration applicable to such block parties and all block parties shall remain subject to all applicable ordinances, orders, declarations, and requirements for public gatherings. Cost Estimates for Extraordinary Services None TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Becca Andraschko, Deputy Clerk D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-498 Approve Combination "Class B" Beer/Liquor License Surrender and Issuance of Combination "Class B" Beer/Liquor License (Applebee's) A t t a chment sAttachments RES 23-498 Applebee's License Application 09/26/2023 23-498 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE COMBINATION "CLASS B" BEER/LIQUOR LICENSE SURRENDER AND COMBINATION "CLASS B" BEER/LIQUOR 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, or their respective designees, have conducted the necessary investigation of the following licenses as noted in their report to the City Clerk; and WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: COMBINATION "CLASS B" BEER/LIQUOR LICENSE SURRENDER CURRENT LICENSE HOLDER: Applebee's Neighborhood Grill & Bar (Wisconsin Apple LLC)....................1700 S Koeller Street NEW APPLICANT/SURRENDERED TO: Applebee's Neighborhood Grill & Bar (SBG Apple North IV, LLC)..............1700 S Koeller Street COMBINATION "CLASS B" BEER/LIQUOR LICENSE (SEPTEMBER 27, 2023 - JUNE 30, 2024) NAME, ADDRESS, AND LOCATION OF PREMISES: Applebee's Neighborhood Grill & Bar (SBG Apple North IV, LLC).................1700 S Koeller Street Agent: Casimir Banaszek, 829 E Sylvan Ave, Whitefish Bay, WI 53217 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Becca Andraschko, Deputy Clerk D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-499 Approve Special Class "B" Licenses A t t a chment sAttachments RES 23-499 Special Class B Holiday Wine Walk Special Class B Into the Night Special Class B St. Jude Fall Fest 09/26/2023 23-499 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE SPECIAL CLASS “B” LICENSES INITIATED BY : CITY CLERK WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews 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: Downtown Oshkosh BID Event Name: Holiday Wine Walk November 18, 2023 2:00pm to 6:00pm Location: Downtown BID area Person in Charge: Jessica Meidl Oshkosh Into the Night Event Name: Oshkosh Into the Night October 6, 2023 3:00pm to 10:00pm Location: 300 N Main St, Oshkosh, WI 54901 Person in Charge: Jaime Martinez St. Jude the Apostle Parish Event Name: St. Jude the Apostle Fall Fest October 1, 2023 12:00pm to 6:00pm Location: 505 Knapp St, Oshkosh, WI 54902 Person in Charge: Christopher Gelhar TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-487 Approve Conditional Use Permit Request for an Adaptive Reuse at 2501 Harrison Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting Conditional Use Permit approval for an adaptive reuse at 2501 Harrison Street. The subject site is located the west side of Harrison Street, north of Libbey Avenue. The subject parcel is 0.44 acres in size and is developed with an existing building, including attached garage and associated parking area. The property was most recently used as a community-based residential facility (CBRF). The site is surrounded by a mixture of residential and industrial land, along with vacant land immediately to the west. A N A L Y SI SANALYSIS The applicant is requesting approval for an adaptive reuse to convert the building to an office to be utilized by Winnebago County Housing Authority for 7 employees. According to the applicant, the building footprint will remain as existing. Plans for the site include interior work and repaving the existing parking lot. A Plan Commission workshop was held on August 1, 2023, with Plan Commission voicing support for the proposed use. Staff is in support of the Conditional Use Permit (CUP) for the adaptive reuse as the conversion of the site to an office should not have an adverse impact on neighboring properties due to the relatively small scale of the use with up to 7 employees. The existing parking area and garage provide a total of 7 parking stalls, which will be sufficient for the expected number of employees. The Inspections Services Department has been in contact with the applicant and has noted that plans are required to be submitted for the proposed change of use for review to establish if the existing building can be converted to the proposed new business use. The Department of Public Works has noted that plans will need to be submitted for any site work, including re-paving the parking area. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit for Property Located at 2501 Harrison Street on September 19, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 23-487 2501 Harrison St 09/26/2023 23-487 RESOLUTION CARRIED 6-1 recused PURPOSE: APPROVE CONDITIONAL USE PERMIT REQUEST FOR AN ADAPTIVE REUSE AT 2501 HARRISON STREET PLAN COMMISSION RECOMMENDATION: Approved INITIATED BY : WINNEBAGO COUNTY HOUSING AUTHORITY WHEREAS, the Plan Commission finds that the Conditional Use Permit for an adaptive reuse at 2501 Harrison Street, is consistent with the criteria established in Section 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Conditional Use Permit for an adaptive reuse at 2501 Harrison Street, per the attached, is hereby approved, with the following findings: 1. Is in harmony with the Comprehensive Plan. 2. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 4. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 5. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. ITEM: CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 2501 HARRISON STREET Plan Commission meeting of September 19, 2023 GENERAL INFORMATION Applicant/Property Owner: Winnebago County Housing Authority Action(s) Requested: The applicant is requesting Conditional Use Permit approval for an adaptive reuse at 2501 Harrison Street. Applicable Ordinance Provisions: Adaptive Reuses are permitted only through a conditional use permit in the Single Family Residential - 3 District (SR-3) as regulated in Section 30-37(C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is located the west side of Harrison Street, north of Libbey Avenue. The subject parcel is about 0.44 acres in size and is developed with an existing building including attached garage and associated parking area. The property was most recently used as a community based residential facility (CBRF). The site is surrounded by a mixture of residential and industrial land, along with vacant land immediately to the west. Subject Site: Existing Land Use Zoning Vacant CBRF SR-3 Adjacent Land Use and Zoning: Existing Uses Zoning North Residential SR-3 South Residential SR-3 West Vacant SR-3 East Residential UI Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Light Density Residential ANALYSIS The applicant is requesting approval for an adaptive reuse of the site to convert the existing to an office to be utilized by Winnebago County Housing Authority for 6 or 7 employees. According to the applicant, the building footprint will remain as existing. Plans for the site include interior work and repaving the existing parking lot . A Plan Commission workshop was held on August 1, 2023, with Plan Commission voicing support for the proposed use. Aerial view of subject property Staff is in support of the Conditional Use Permit (CUP) for the adaptive reuse as the conversion of the site to an office should not have an adverse impact on neighboring properties due to the relatively small scale of the use with up to 7 employees. The proposed use is also compatible with neighboring properties as the surrounding area includes several non-residential uses. The existing parking area and garage provide a total of 7 parking stalls, which will be sufficient for the expected number of employees. The Inspections Services Department has been in contact with the applicant and has noted that plans are required to be submitted for the proposed change of use for review to establish if the existing building can be converted to the proposed new business use. The Department of Public Works has noted that plans will need to be submitted for any site work, including re-paving the parking area. Street view of subject property from 2019 google earth imagery RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of a Conditional Use Permit for an adaptive reuse at 2501 Harrison Street on September 19, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, Mr. Esslinger, and Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant is requesting Conditional Use Permit approval for an adaptive reuse at 2501 Harrison Street. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is located the west side of Harrison Street, north of Libbey Avenue. The subject parcel is about 0.44 acres in size and is developed with an existing building including attached garage and associated parking area. The property was most recently used as a community based residential facility (CBRF). The site is surrounded by a mixture of residential and industrial land, along with vacant land immediately to the west. The applicant is requesting approval for an adaptive reuse of the site to convert the existing to an office to be utilized by Winnebago County Housing Authority for 6 or 7 employees. Plans for the site include interior work and repaving the existing parking lot in the same footprint. Staff is in support of the Conditional Use Permit (CUP) for the adaptive reuse as the conversion of the site to an office should not have an adverse impact on neighboring properties due to the relatively small scale of the use with up to 7 employees. The proposed use is also compatible with neighboring properties as the surrounding area includes several non-residential uses. The existing parking area and garage provide a total of 7 parking stalls, which will be sufficient for the expected number of employees. Staff recommends approval of the proposed Conditional Use Permit for an adaptive reuse at 2501 Harrison Street with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked if this site was a former CBRF. Mr. Slusarek stated it was. Mr. Perry asked if the owner/applicant wanted to make any statements. Wade Foley, Director of Maintenance at Winnebago County Housing Authority, 600 Merritt Avenue, stated they will be using this site temporarily. They have been actively looking for an office space. Mr. Perry asked for any public comments. Mr. Perry closed public comments. No closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Propp wondering what would happen to the property once the temporary use is over. Mr. Lyons stated there were two options. Could formally remove the conditional use permit, or after twelve months of it not being used the conditional use permit would automatically roll off and it would just return to residential use. Motion carried 6-0 Page 4 2501 Harrison we are wanting to use this building as a main office for our agency. this will require a conditional use permit. this will be a temporary solution until we buy a building or build new. there will be 6 or 7 people working out of this office. we will be adding a knee wall with a half door on the inside and repaving the parking lot. Page 5 Page 6 CONDITIONAL USE PERMIT 2501 HARRISON STREET PC: 9-19-2023 ANDERSON MINI-STORAGE LLC 2222 WHITE SWAN DR OSHKOSH WI 54901 JOHN PRIEBE 2407 HARRISON ST OSHKOSH WI 54901 BARBARA J LARSON 315 W 3RD ST KIMBERLY WI 54136 GEORGE J SELL 220 LIBBEY AVE OSHKOSH WI 54901 WINNEBAGO COUNTY HOUSING AUTHORITY PO BOX 397 OSHKOSH WI 54903 WESTLAND PROPERTIES LLC 2527 HARRISON ST OSHKOSH WI 54901 Page 7 LIBB E Y AV ASHLAND ST HARRI S ON S T J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/18/2023 1 in = 120 ft 1 in = 0.02 mi¯2501 HARRISON STREET 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 8 NICOLET AV W SMITH AV GENEV A S T W P AC KER AV MALLARD AV GREENWOOD CT EV A NS ST BAVARIAN CT LIBBEY AV E SMITH AV PORTSIDE CT HARBORVIEW CT STARBOARD CT W E SMITH AV COMET ST NICOLET AV STARBOARD CT WINDWARD CT LEEWARD CT ANCHORAGE CT JEFFERSON ST MT VERNON ST AL LEN A V E P AC KER A V LEEW ARD C T W DOC TORS C T ALPINE CT ASHLAND ST BO WE N S T N M AIN ST E L INW OOD AVW LIN W OOD A V HARRISON ST HA RRIS O N S T ·YTNUOC"A Oshkosh Oshkosh City Limit City Limit O sh k o s h Ci ty Li mit O sh k o s h Ci ty Li mit Oshkosh City Limit Oshkosh City Limit BP DR-6 HI I I I-PD MR-12 MR-12 MR-20 MR-20 MR-20 MR-20 NMU SMUSMU-PD SR-2 SR-3 SR-3 SR-3 SR-3 SR-3 SR-3 SR-3 SR-9 UI UI UI UI J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/18/2023 1 in = 500 ft 1 in = 0.09 mi¯2501 HARRISON STREET City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 9 ASHLAND ST LIBB E Y AV HARRI S ON S T J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/18/2023 1 in = 100 ft 1 in = 0.02 mi¯2501 HARRISON STREET City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 10 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T : **Ord 23-500 Approve Zone Change for the Property Located on the 500 Block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant requests a zone change from the existing Institutional District (I) to Two Flat Residential-10 (TR-10) for the property located on the south side of the 500 Block of West South Park Avenue between Ohio Street and Michigan Street. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject area. On July 25, 2023, Common Council approved an Offer to Purchase this property from the property owner directly to the west, at 525 West South Park Avenue. A N A L Y SI SANALYSIS The applicant/owner (City of Oshkosh) is requesting a zone change to Two Flat Residential-10 District (TR- 10) for the subject property fronting West South Park Avenue. This request is intended to provide appropriate zoning for future residential uses of the property and is necessary to be able to combine this site with their existing residential property. The proposed TR-10 zoning will also be consistent with the neighboring properties to the south and west. FI SC A L I M P A CTFISCAL I M P A C T The Plan Commission recommended a Zone Change for property located on the 500 Block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street with findings and conditions on September 5, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 23-500 Zone Change West South Park 9/26/2023 23-500 ORDINANCE SECOND READING 9/12/2023 23-473 FIRST READING CARRIED 7-0 PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO TWO FLAT RESIDENTIAL–10 DISTRICT (TR-10) FOR THE VACANT PROPERTY, (PARCEL 1300740000) LOCATED ON THE 500 BLOCK OF WEST SOUTH PARK AVENUE BETWEEN OHIO STREET AND MICHIGAN STREET INITIATED BY : CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved with findings. A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-381 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh does 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 on the 500 block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street from Institutional District (I) To Two Flat Residential–10 District (TR-10) for the vacant property. ZONE CHANGE FROM INSTITUTIONAL ZONING DISTRICT (I) TO TWO-FLAT RESIDENTIAL-10 ZONING DISTRICT (TR-10) FOR PROPERTY LOCATED EAST OF 525 W. SOUTH PARK AVENUE (PARCEL 1300740000) BEING THE EAST 50.00 FEET OF LOT 7 OF BLOCK 104 OF THE ORIGINAL PLAT OF THE 3RD WARD OF THE CITY OF OSHKOSH AND THE ADJACENT ½ OF THE W. SOUTH PARK RIGHT-OF-WAY, LOCATED IN THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 26, TOWNSHIP 19 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. 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 #23-500 APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO TWO FLAT RESIDENTIAL–10 DISTRICT (TR-10) FOR THE VACANT PROPERTY, (PARCEL 1300740000) LOCATED ON THE 500 BLOCK OF WEST SOUTH PARK AVENUE BETWEEN OHIO STREET AND MICHIGAN STREET on September 26, 2023. This ordinance changes the zoning of the property located on the 500 block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street from Institutional District (I) to Two Flat Residential–10 District (Tr-10) for the property located on the south side of the 500 Block of West South Park Avenue between Ohio Street and Michigan Street. 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. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a zone change be made of the property located on the 500 block of West South Park Avenue (Parcel 1300740000) between Ohio Street and Michigan Street from Institutional District (I) to Two Flat Residential–10 District (TR-10) for the property located on the south side of the 500 Block of West South Park Avenue between Ohio Street and Michigan Street, per the attached, is hereby approved with the following findings: Advances the purposes of this Chapter as outlined in Section 30-03.1. Is in harmony with the Comprehensive Plan.2. Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. 3. the pertinent zoning districts. Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: 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. i. 4. ITEM: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO TWO FLAT RESIDENTIAL–10 DISTRICT (TR-10) FOR THE VACANT PROPERTY, 500 BLOCK OF WEST SOUTH PARK AVENUE BETWEEN OHIO STREET AND MICHIGAN STREET Plan Commission meeting of September 5, 2023 GENERAL INFORMATION Owner/Applicant: City of Oshkosh Owners: City of Oshkosh Action(s) Requested: The applicant requests a zone change from the existing Institutional District (I) to Two Flat Residential-10 (TR-10) for the property located on the south side of the 500 Block of West South Park Avenue between Ohio Street and Michigan Street. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject area included in the zone change request consists of a vacant lot with a total of 0.1722 acres along the south side of the 500 block of West South Park Avenue. The site was previously used as an old church site that is no longer needed. The surrounding area consists of commercial uses to the north and southwest, residential uses to the west and south, and institutional uses to the east. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject area. On July 18, 2023, Plan Commission approved an Offer to Purchase this property from the property owner directly to the west, 525 West South Park Avenue. Subject Site Existing Land Use Zoning Vacant Institutional (I) Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Commercial Urban Mixed-Use (UMU) South Residential Two Flat Residential-10 (TR- 10) East Institutional Institutional (I) West Residential Two Flat Residential-10 (TR- 10) 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 Two Flat Residential-10 District (TR-10) for the subject property fronting West South Park Avenue. This request is intended to provide appropriate zoning for future residential uses of the property, and is necessary to be able to combine this site with their existing residential property. Staff is supportive of the proposed rezone to TR-10 as this zoning designation is consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject area. The proposed TR-10 zoning will also be consistent with the neighboring properties to the south and west. 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. (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. The Plan Commission recommended approval of a zone change from the existing Institutional District (I) to Two Flat Residential-10 (TR-10) for the property located on the south side of the 500 Block of West South Park Avenue between Ohio Street and Michigan Street with the findings listed above. Site Inspections Report: Ms. Scheuermann, Ms. Davey, Ms. Propp, and Mr. Bowen reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional District (I) to Two Flat Residential-10 (TR-10) for the property located on the south side of the 500 Block of West South Park Avenue between Ohio Street and Michigan Street. Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area included in the zone change request consists of a vacant lot with a total of 0.1722 acres. The site was previously used as an old church site that is no longer needed. The surrounding area consists of commercial uses to the north and southwest, residential uses to the west and south, and institutional uses to the east. On July 18, 2023, Plan Commission approved an Offer to Purchase this property from the property owner directly to the west, 525 West South Park Avenue. This request is intended to provide appropriate zoning for future residential uses of the property, and is necessary to be able to combine this site with their existing residential property. Staff is supportive of the proposed rezone to TR-10 as this zoning designation is consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential. The proposed TR-10 zoning will also be consistent with the neighboring properties to the south and west. Staff recommends approval of the zone change with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments. The City of Oshkosh is the owner/applicant. Mike Karrels, 1418 Hazel Street, wanted to know what the use of the lot has been. Mr. Lyons stated it has been a City owned vacant lot for a number of years. The owner to the west requested to buy it from the City in order to have more yard space. The zone change would allow them to legally combine the parcels. Mr. Perry asked for any public comments. The City of Oshkosh is the owner/applicant. Mr. Perry closed public comments. No closing statement from the applicant. Motion by Scheuermann 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 9-0 W S O U T H PARK AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/15/2023 1 in = 30 ft 1 in = 0.01 mi¯0 W SOUTH PARK AVEPARCEL 1300740000 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 4Page 4 PC: 9-5-2023 ZONE CHANGE 0 W SOUTH PARK AVE, 1300740000 RAYMOND/DEANNA L THOMPSON 537 W SOUTH PARK AVE OSHKOSH WI 54902 RAUNEL/MARIA G LOPEZ 525 W SOUTH PARK AVE OSHKOSH WI 54902 EMMANUEL UN CHURCH OF CHRIST 1306 MICHIGAN ST OSHKOSH WI 54902 JEFFREY A/SANDRA J BEDWARD 526 W 14TH AVE OSHKOSH WI 54902 JAMES F KUBASTA 228 S 1ST AVE WINNECONNE WI 54986 JAMES F KUBASTA 228 S 1ST AVE WINNECONNE WI 54986 WILLIAM D PAINE 637 CEDAR AVE CHULA VISTA CA 91910 CHARLES E PHILLIPS 1323 MICHIGAN ST OSHKOSH WI 54902 ANDREA R RENNERT 1317 MICHIGAN ST OSHKOSH WI 54902 VANSTRATEN ENTERPRISE LLC 1142 HUMMINGBIRD LN PLYMOUTH WI 53073 D & S INVESTMENT PROPERTIES PO BOX 2264 OSHKOSH WI 54903 D & S INVESTMENT PROPERTIES PO BOX 2264 OSHKOSH WI 54903 BAOGUO JIANG/BO CAO 39635 ORCHARD BLUFF LN WADSWORTH IL 60083 Page 5Page 5 W 1 4 T H AV MICHIGAN ST W 1 2 T H AV OHIO ST W S OUT H PARK AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/14/2023 1 in = 120 ft 1 in = 0.02 mi¯0 W SOUTH PARK AVEPARCEL 1300740000 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 6Page 6 W 17TH AV W 16TH AV W 17TH AV F L O R I D A A V W 10TH AV W 11TH AV MINNESOTA ST MICHIGAN ST IOWA ST DAKOTA ST IOWA ST MICHIGAN ST IOWA ST MINNESOTA ST W 10TH AV W 8TH AV W 7TH AV W 12TH AV W 14TH AV W 7TH AV W 11TH AV W 15TH AV A R I Z O N A S T DELAWARE ST GEORGIA ST W 8TH AV PLUMMER ST GEORGIA ST GEORGIA ST MICHIGAN ST MINNESOTA ST W S O U T H P A R K A V W 9T H AV OHIO ST OHIO ST C M U I I I II I I I I -P D MR-12-PD M R -2 0 N M U S R -5 S R -9 S R -9 T R -1 0 UMU U M U J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/14/2023 1 in = 500 ft 1 in = 0.09 mi¯0 W SOUTH PARK AVEPARCEL 1300740000 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 7Page 7 W 1 4 T H AV MICHIGAN ST W S OUTH PARK AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/14/2023 1 in = 100 ft 1 in = 0.02 mi¯0 W SOUTH PARK AVEPARCEL 1300740000 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 8Page 8 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T : ** *Ord 23-501 Approve Zone Change from Single Family Residential-9 District (SR-9) to Institutional District (I) for Property Located on the South Side of the 100 Block of West Custer Avenue (Parcel #1500740100) B A C KGRO UN DBACKGROUND The applicant requests a zone change from the existing Single Family Residential-9 District (SR-9) to Institutional District (I) for property located on the south side of the 100 Block of West Custer Avenue. The subject area consists of a vacant lot along the south side of the 100 block of West Custer Avenue owned by the Oshkosh Area School District. The site is currently zoned SR-9 and previously had a single-family home that was recently razed. The surrounding area consists primarily of residential uses to the north and east, and institutional uses to the south and west. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject area. A N A L Y SI SANALYSIS The applicant is requesting a zone change to Institutional District (I) for the subject property fronting West Custer Avenue. This request is intended to provide appropriate zoning for development of future green space for the neighboring school, Vel Phillips Middle School. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. The proposed Institutional zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site. However, staff does not have concerns with the proposed rezone to Institutional as the Comprehensive Plan is not intended to be parcel specific and the purpose of this rezone is to allow for the lot to be combined with the existing school parcel and future development of the new school's green space. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Zone Change from Single Family Residential-9 District (SR-9) to Institutional District (I) for Property Located at 0 West Custer Avenue (100 Block Parcel #1300740000) with findings on September 19, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Ord 23-501 Custer Ave 09/26/2023 23-501 ORDINANCE FIRST READING PURPOSE: APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF THE 100 BLOCK OF WEST CUSTER AVENUE (PARCEL #1500740100) PLAN COMMISSION RECOMMENDATION: Approved INITIATED BY : Nate Considine, AIA, NCARB, BCP and James Fochs, Oshkosh Area School District A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-381 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh does 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 described property located on the south side of the 100 block of West Custer Avenue (Parcel #1500740100) from Single Family Residential-9 District (SR-9) to Institutional District (I). THAT PART OF LOT THREE (3) OF BLOCK “C” IN EIGHME, READ AND KENNEDY’S PLAT OF THE SOUTH WEST ¼ OF THE NORTH WEST ¼ OF SECTION THIRTEEN (13), TOWNSHIP EIGHTEEN (18) NORTH, OF RANGE SIXTEEN (16) EAST, IN THE TENTH (NOW FIFTEENTH) WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID LOT, WHICH IS ALSO THE SOUTH LINE OF CUSTER STREET, 47.35 FEET; THENCE SOUTH 120 FEET; THENCE WEST 47.47 FEET TO THE EAST LINE OF KENTUCKY STREET; THENCE NORTH ALONG THE EAST LINE OF KENTUCKY STREET, 120 FEET TO THE PLACE OF BEGINNING INCLUDING ½ OF THE ADJACENT RIGHTS-OF-WAY OF WEST CUSTER AVENUE AND KENTUCKY STREET. 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 SINGLE FAMILY RESIDENTIAL-9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF THE 100 BLOCK OF WEST CUSTER AVENUE (PARCEL #1500740100) on October 10, 2023. This ordinance changes the zoning located on the south side of the 100 Block of West Custer Avenue (Parcel #1500740100) from Single Family Residential-9 District (Sr-9) to Institutional District (I). 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. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a zone change be NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a zone change be made of the property located on the south side of the 100 block of West Custer Avenue (Parcel # 1500740100) from Single Family Residential-9 District (Sr-9) To Institutional District (I), per the attached, is hereby approved with the following findings: 1. Advances the purposes of this Chapter as outlined in Section 30-03. 2. Is in harmony with the Comprehensive Plan. 3. Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. 4. Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: i. 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. ITEM: PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED ON SOUTH SIDE OF THE 100 BLOCK OF WEST CUSTER AVENUE Plan Commission meeting of September 19, 2023 GENERAL INFORMATION Applicant: Nate Considine, AIA, NCARB, BCP Owners: James Fochs; Oshkosh Area School District Action(s) Requested: The applicant requests a zone change from the existing Single Family Residential-9 District (SR-9) to Institutional District (I) for property located on the south side of the 100 Block of West Custer Avenue. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of a vacant lot along the south side of the 100 block of West Custer Avenue. The site is currently zoned SR-9 and previously had a single-family home that was recently razed. The surrounding area consists primarily of residential uses to the north and east, and institutional uses to the south and west. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject area. Subject Site Existing Land Use Zoning Vacant SR-9 Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Residential SR-9 South Institutional I East Residential SR-9 West Institutional I-PD 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 Institutional District (I) for the subject property fronting West Custer Avenue. This request is intended to provide appropriate zoning for development of future green space for the neighboring school site. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. The proposed Institutional zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site. However, staff does not have concerns with the proposed rezone to Institutional as the Comprehensive Plan is not intended to be parcel specific and the purpose of this rezone is to allow for future development of the new school’s green space. For these reasons, staff is supportive of the proposed rezoning of the subject site. 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. (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. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of a zone change from the existing Single Family Residential-9 District (SR-9) to Institutional District (I) for property located on the south side of the 100 Block of West Custer Avenue on September 19, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, and Mr. Esslinger reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Single Family Residential-9 District (SR-9) to Institutional District (I) for the vacant property located on the south side of the 100 Block of West Custer Avenue. Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The site is currently zoned SR-9 and previously had a single-family home that was recently razed. The surrounding area consists primarily of residential uses to the north and east, and institutional uses to the south and west. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses in that area. This request is intended to provide appropriate zoning for development of future green space for the neighboring school site. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. The proposed Institutional zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site. However, staff does not have concerns with the proposed rezone to Institutional as the Comprehensive Plan is not intended to be parcel specific and the purpose of this rezone is to allow for future development of the new school’s green space. For these reasons, staff is supportive of the proposed rezoning of the subject site. Staff recommends approval of the rezone with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Esslinger was wondering what future activities would be happening on the parcel. Mr. Lyons stated the school district wants to combine parcels, but state statute requires they be under common zoning. Likely use is just green space. Mr. Perry asked if the owner/applicant wanted to make any statements. Nate Considine, with Bray Architects of 829 South First Street Milwaukee Wisconsin, was available for any questions. Mr. Perry asked for any public comments. Mr. Perry closed public comments. No closing statement from the applicant. Motion by Scheuermann to adopt the findings and recommendation as stated in the staff report. Seconded by Loewenstein. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0 Page 4 Page 5 Page 6 Page 7 PC: 9-19-2023 ZONE CHANGE 0 WEST CUSTER AVENUE, PARCEL 1500740100 OSHKOSH AREA SCHOOL DISTRICT PO BOX 3048 OSHKOSH WI 54903 SHANE G/SUSAN K LUFT 133 W CUSTER AVE OSHKOSH WI 54901 INGRID F TSCHECH 127 W CUSTER AVE OSHKOSH WI 54901 BERHOLTZ RENTAL PROPERTIES LLC 1804 N OAKWOOD RD OSHKOSH WI 54904 R & C RENTALS LLC PO BOX 825 OSHKOSH WI 54903 RICHARD A WARRICK JR 2436 CLOVER ST OSHKOSH WI 54901 Page 8 Page 9 Page 10 Page 11 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T : ** *Ord 23-502 Approve Zone Change from Two Flat Residential-10 Zoning District with a Planned Development (TR-10-PD) to Central Mixed Use Zoning District (CMU) for the Property Located at 17 East Parkway Avenue B A C KGRO UN DBACKGROUND The applicant requests a zone change from the existing Two Flat Residential -- 10 District with a Planned Development Overlay (TR-10-PD) to Central Mixed Use District (CMU) for the property located at 17 East Parkway Avenue. According to the City Assessor's data, the property contains one building that was constructed in 1956 and is currently listed as vacant. The surrounding area consist of mainly commercial uses to the north, south, and west; residential to the east, along with an institutional land use to the northeast. The 2040 Comprehensive Land Use Plan recommends Center City land uses for the subject area. A N A L Y SI SANALYSIS The applicant is requesting a zone change to Central Mixed Use Zoning District for the subject property. The applicant intends to utilize the existing vacant building to store and sell pool tables. This type of commercial land use - retail sales - is not permitted in the current zoning district of TR-10-PD and therefore would be considered a legal non-conforming land use. The applicant intends on making improvements to the site but legal non-conforming land uses cannot be expanded. This zone change request is intended to provide the proper zoning to allow for future improvements to occur on the lot as the land use will be permitted by right. The applicant stated they plan to pave a concrete loading area and install the proper stormwater features for appropriate drainage on the site, along with a 5' buffer yard of green space to the west of said loading area. Staff is supportive of the proposed rezone as it will assist in the future development of the site. Staff does not have concerns with proposed rezone to CMU, as land uses allowed in that district meet the Center City land use recommendations in the 2040 Comprehensive Plan designated for this area. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Zone Change from Two Flat Residential-10 Zoning District with a Planned Development (TR-10-PD) to Central Mixed Use Zoning District (CMU) for Property Located at 17 East Parkway Avenue with findings on September 19, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Ord 23-502 17 E Parkway 09/26/2023 23-502 ORDINANCE FIRST READING PURPOSE: APPROVE ZONE CHANGE FROM TWO FLAT RESIDENTIAL-10 ZONING DISTRICT WITH A PLANNED DEVELOPMENT (TR-10-PD) TO CENTRAL MIXED USE ZONING DISTRICT (CMU) FOR THE PROPERTY LOCATED AT 17 EAST PARKWAY AVENUE INITIATED BY : JEREMY WEST/J WEST RENTALS LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-381 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh does 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 described property located at 17 East Parkway Avenue from Two Flat Residential-10 Zoning District with a Planned Development (TR-10-PD to Central Mixed Use Zoning District (CMU). LOT 5 OF BLOCK “A” IN MERRITT’S SECOND ADDITION, IN THE FOURTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, PER LEACH’S MAP 1894 INCLUDING ½ OF THE ADJACENT RIGHTS-OF-WAY OF EAST PARKWAY AVENUE AND JEFFERSON STREET. 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 TWO FLAT RESIDENTIAL-10 ZONING DISTRICT WITH A PLANNED DEVELOPMENT (TR-10-PD) TO CENTRAL MIXED USE ZONING DISTRICT (CMU) FOR THE PROPERTY LOCATED AT 17 EAST PARKWAY AVENUE on October 10, 2023. This ordinance changes the zoning located at 17 East Parkway Avenue from Two Flat Residential-10 Zoning District with a Planned Development (TR-10-PD) to Central Mixed Use Zoning District (CMU). 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. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a zone change be made of the property located at 17 East Parkway Avenue from Two Flat Residential-10 Zoning District with a Planned Development (TR-10-PD) to Central Mixed Use Zoning District (CMU), per the attached, is hereby approved with the following findings: 1. 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. 2. Is in harmony with the Comprehensive Plan. 3. Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. 4. Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: i. 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 annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. ITEM: PUBLIC HEARING: ZONE CHANGE FROM TWO FLAT RESIDENTIAL-10 ZONING DISTRICT WITH A PLANNED DEVELOPMENT (TR-10-PD) TO CENTRAL MIXED USE ZONING DISTRICT (CMU) FOR THE PROPERTY LOCATED AT 17 EAST PARKWAY AVENUE. Plan Commission meeting of September 19, 2023 GENERAL INFORMATION Applicant/Owner: Jeremy West/J West Rentals LLC Action(s) Requested: The applicant requests a zone change from the existing Two Flat Residential – 10 District with a Planned Development Overlay (TR-10-PD) to Central Mixed Use District (CMU) for the property located at 17 East Parkway Avenue. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of a 1,701 square foot parcel that is located on the south west side corner of Parkway Avenue and Jefferson Street. According to the City Assessors data, the property contains one building that was constructed in 1956 and is currently listed as vacant. The surrounding area consist of mainly commercial uses to the north, south, and west; residential to the east, along with an institutional land use to the north east. The 2040 Comprehensive Land Use Plan recommends Center City land uses for the subject area. Subject Site Existing Land Use Zoning Vacant TR-10-PD Recognized Neighborhood Organizations Downtown Adjacent Land Use and Zoning Existing Uses Zoning North Commercial UMU South Vacant CMU-PD East Residential TR-10-PD West Vacant CMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City ANALYSIS Zone Change The applicant is requesting a zone change to Central Mixed Use Zoning District for the subject property. The applicant intends to utilize the existing vacant building to store and sell pool tables. This type of commercial land use, retail sales, is not permitted in the current zoning district of TR-10-PD and therefore would be considered a legal non- conforming land use. The applicant intends on making improvements to the site but legal non-conforming land uses cannot be expanded. This re-zone request is intended to provide the proper zoning to allow for future improvements to occur on the lot as the land use will be permitted by right as well as bring it into harmony with the rest of the commercial block and 2040 Comprehensive Plan. The applicant stated they plan to pave a concrete loading area and install the proper stormwater features for appropriate drainage on the site, along with a 5’ buffer yard of green space to the west of said loading area. September 12th, 2023 Street View looking southeast September 12th, 2023 Street View looking southwest Staff is supportive of the proposed rezone as it will assist in the future development of the site. Staff does not have concerns with proposed rezone to CMU as land uses allowed in that district meet the Center City land use recommendations in the 2040 Comprehensive Plan designated for this area. 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. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of a zone change from the existing Two Flat Residential – 10 District with a Planned Development Overlay (TR-10-PD) to Central Mixed Use District (CMU) for the property located at 17 East Parkway Avenue on September 19, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, Ms. Propp, and Mr. Esslinger reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Two Flat Residential – 10 District with a Planned Development Overlay (TR-10-PD) to Central Mixed Use District (CMU) for the property located at 17 East Parkway Avenue. Mr. Nielsen presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. According to the City Assessors data, the property contains one building that was constructed in 1956 and is currently listed as vacant. The surrounding area consist of mainly commercial uses to the north, south, and west; residential to the east, along with an institutional land use to the north east. The 2040 Comprehensive Land Use Plan recommends Center City land uses for the subject area. The applicant intends to utilize the existing vacant building to store and sell pool tables. This type of commercial land use, retail sales, is not permitted in the current zoning district of TR-10-PD and therefore would be considered a legal non-conforming land use. The applicant intends on making improvements to the site but legal non- conforming land uses cannot be expanded. This re-zone request is intended to provide the proper zoning to allow for future improvements to occur on the lot as the land use will be permitted by right as well as bring it into harmony with the rest of the commercial block and 2040 Comprehensive Plan. The applicant stated they plan to pave a concrete loading area and install the proper stormwater features for appropriate drainage on the site, along with a 5’ buffer yard of green space to the west of said loading area. Staff does not have concerns with proposed rezone to CMU and recommendations approval. Mr. Perry opened up technical questions to staff. Mr. Perry asked if the owner/applicant wanted to make any statements. Mr. Perry asked for any public comments. Mr. Perry closed public comments. No closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 ZONE CHANGE 17 E PARKWAY AVE PC: 9-19-2023 500 BLOCK NORTH LLC 448 N MAIN ST OSHKOSH WI 54901 J WEST RENTALS LLC 570 N MAIN ST OSHKOSH WI 54901 576 578 582 N MAIN STREET LLC 578 N MAIN ST OSHKOSH WI 54901 ALFRED J/BONNIE M/JEFFREY J VERNER 1102 N UNION ST APPLETON WI 54911 600 NORTH MAIN LLC 600 N MAIN ST OSHKOSH WI 54901 VICTORY BAPTIST CHURCH 608 JEFFERSON ST OSHKOSH WI 54901 572 JEFFERSON STREET LLC PO BOX 1835 OSHKOSH WI 54903 R & M ENTERPRISES 527 MOUNT VERNON ST OSHKOSH WI 54901 D & M RENTALS LLC 522 W 12TH AVE OSHKOSH WI 54902 Page 12 ID AAV W PA R K WAY AV HUDSON AV E PA R K WAY AV OX FORD AV MT VER NON ST DIVISION ST JE FF E RS ON S T N M AIN S T J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/17/2023 1 in = 120 ft 1 in = 0.02 mi¯17 E PARKWAY AVENUE 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 BAY STWAUGOO AV POWER S ST MONROE ST E PAR KWAY AV EASTMAN ST MERRITT AV JEFFERSON ST STERLING AV W PAR KWAY AV E LINCOLN AV SCHOOL AVDIVISION ST NORTHWESTERN AV BROAD ST VILAS AV HUDSON AV PEARL AV DIVISION ST CITY CENTER PEARL AV OTTER AV MARSTON PL FULTON AV W LINCOLN AV IDA AV FULTON AV COURT ST STERLING AV MT VERNON ST GRAND ST CHURCH AV MARKETST DIVISION ST BROWN ST MARKETST MT VERNON ST DIVISION ST CENTRAL ST FREDERICK ST AMHERST AV UNION AV MAR ION R D CHURCH AV FREDERICK ST FRANKLIN ST CENTRAL ST WRIGHT ST PL EA SA N T S T MA DIS ON S T JEFFERSON ST MONROE ST OXFORD AV DALE AV GRA ND ST MT VERNON ST STATE ST C OMMERC E ST BROAD ST FRANKLIN ST CENTRAL ST BROAD ST BROAD ST BR OA D S T E IRVING AVW IRVING AV WASHINGTON AV JACKSON ST HIGH AV ALGOMA BLVD N MAIN ST N MAIN ST CMU CMU CMU CMU CMU -PD CMU-PD CMU-RFO I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-UTO MULTIPLE RMU-PD-RFO SR-9 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU-PD UMU -PDUMU-PD UMU-UTO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/17/2023 1 in = 500 ft 1 in = 0.09 mi¯17 E PARKWAY AVENUE 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 HU D SONAV E PA R K WAY AV OX FORDAV W PA R K WAY AV MT VER NON ST JEFF E RS ON S T N M AIN S T J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/17/2023 1 in = 100 ft 1 in = 0.02 mi¯17 E PARKWAY AVENUE 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 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :*Ord 23-503 Amend Parking Regulations on North Side of Ripple Avenue from Oregon Street to Western Terminus (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND The city generally restricts parking in industrial areas due to heavy truck traffic, congestion, and maneuvering. Area residents have requested this section of Ripple Avenue be no parking similar to other industrial areas, as the area has become very congested. Employees of Generac were utilizing on-street parking during the construction of their expanded parking lot. This ordinance restricts parking on the north side from Oregon Street to its western terminus. A N A L Y SI SANALYSIS Generac has completed the expansion of their employee parking lot and they have sufficient off-street parking available. They are supportive of Ripple Avenue being no parking. There are still employees parking on the street as it is closer to their work areas than walking from the parking lot. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee recommends approval (5-0). FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance is signage; the cost will be covered by the Sign Department's budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to loading zone and parking regulations. A t t a chment sAttachments Ord 23-503 09/26/2023 23-503 ORDINANCE FIRST READING PURPOSE: AMEND PARKING REGULATIONS – RIPPLE AVENUE FROM OREGON STREET WEST TO TERMINUS INITIATED BY : TRANSPORTATION DEPARTMENT TRAFFIC AND PARKING ADVISORY BOARD - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS. WHEREAS, the Transportation Department recommends approval to amend parking regulations on Ripple Avenue. SECTION 1. That Section 27A-11 pertaining Parking Regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS Ripple Avenue Add Thereto: No parking north side from Oregon Steet to its western terminus. 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-XXX on October 10, 2023, AMEND PARKING REGULATIONS ON RIPPLE AVENUE FROM OREGON STREET WEST TO TERMINUS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). This ordinance prohibits parking on the north side of Ripple Avenue from Oregon Street to its western terminus. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :*Ord 23-504 Amend Parking Regulations on the West Side of Brown Street from Algoma Blvd to High Ave (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND There are a few on street permit parking stalls on Brown Street between Algoma Boulevard and High Avenue on the west side. This area is near the alley with a back entrance to the church at 137 Algoma Blvd. This area would offer convenient parking to church patrons who need to access the rear entrance for short durations. A N A L Y SI SANALYSIS These stalls are rarely occupied and there is plenty of public parking in the area. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee recommends approval. (5-0) FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance is signage; the cost will be covered by the Sign Department's budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to loading zone and parking regulations. A t t a chment sAttachments Ord 23-504 09/26/2023 23-504 ORDINANCE FIRST READING PURPOSE: AMEND PARKING REGULATIONS ON BROWN STREET FROM HIGH AVENUE TO ALGOMA BOULEVARD INITIATED BY : TRANSPORTATION DEPARTMENT TRAFFIC AND PARKING ADVISORY BOARD - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS. WHEREAS, the Transportation Department recommends approval to amend parking regulations on Brown Street. SECTION 1. That Section 27A-11 pertaining Parking Regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS Brown Street Delete Therefrom: Permit parking, west side, from 45 feet south of Algoma Blvd. to High Avenue, between the hours of 9:00 a.m. and 6:00 p.m. daily, except on Sundays and holidays. Add Thereto: 2-hour parking, west side, from 45 feet south of Algoma Blvd to High Avenue. 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-XXX on October 10, 2023, AMEND PARKING REGULATIONS ON BROWN STREET FROM HIGH AVENUE TO ALGOMA BOULEVARD (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). This ordinance converts a small on street parking area on Brown Street between Algoma Blvd. and High Ave. from permit parking to 2-hour parking. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :*Ord 23-505 Amend Parking Regulations on Union Avenue at Algoma Boulevard (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND There is a small U-shaped area on Union Avenue in front of the North Scott dormitory on Algoma Boulevard. Algoma Boulevard is a one-way street and there is only room for parking on one side of this small area. This ordinance adds no parking on the south and west sides of this U-shaped area. A N A L Y SI SANALYSIS The area has been signed no parking for years. This ordinance codifies it. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee recommends approval (5-0). FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance is signage; the cost will be covered by the Sign Department's budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to loading zone and parking regulations. A t t a chment sAttachments Ord 23-505 09/26/2023 23-505 ORDINANCE FIRST READING PURPOSE: AMEND PARKING REGULATIONS ON UNION AVENUE AT ALGOMA BOULEVARD INITIATED BY : TRANSPORTATION DEPARTMENT TRAFFIC AND PARKING ADVISORY BOARD - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS. WHEREAS, the Transportation Department recommends approval to amend parking regulations on Union Avenue. SECTION 1. That Section 27A-11 pertaining Parking Regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS Union Avenue Add Thereto: No parking south and west sides from Algoma Blvd. to Algoma Blvd. 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-XXX on October 10, 2023, AMEND PARKING REGULATIONS ON UNION AVENUE AT ALGOMA BOULEVARD (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). This ordinance prohibits parking on Union Avenue at Algoma Boulevard in front of North Scott dormitory. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :*Ord 23-506 Amend Loading Zone to Bus Loading Zone on the North Side of New York Avenue from Kentucky Street to Central Street (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND The area on New York Street from Central Avenue to Kentucky Avenue on the north side is currently a 15- minute loading zone. The school district has asked that the area be changed to a bus loading zone as they need the area to load and unload buses for Merrill Elementary School this year. A N A L Y SI SANALYSIS As this area is used almost exclusively by Merrill Elementary School stakeholders and the school district requested the change, no issues are anticipated. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee recommends approval (5-0). FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance is signage; the cost will be covered by the Sign Department's budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to loading zone and parking regulations. A t t a chment sAttachments Ord 23-506 09/26/2023 23-506 ORDINANCE FIRST READING PURPOSE: AMEND LOADING ZONE TO A BUS LOADING ZONE– NEW YORK AVENUE FROM KENTUCKY STREET TO CENTRAL STREET INITIATED BY : TRANSPORTATION DEPARTMENT TRAFFIC AND PARKING ADVISORY BOARD - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS. WHEREAS, the Transportation Department recommends approval to amend loading zone to as bus loading zone on New York Avenue. SECTION 1. That Section 27A-11 pertaining Parking Regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS New York Avenue Delete Therefrom (current Conditions): 15-minute loading zone north side from Kentucky Street to Central Street. Add Thereto: Bus loading zone north side from Kentucky Street to Central Street. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #23-XXX on October 10, 2023, AMEND LOADING ZONE TO A BUS LOADING ZONE– NEW YORK AVENUE FROM KENTUCKY STREET TO CENTRAL STREET (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). This ordinance changes the area on the north side of New Avenue Kentucky Street to Central Street from a 15-minute loading zone to a bus loading zone for Merrill Elementary School. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-507 Approve Spot Blight Designation for Parcels #0402240000 and #0402230000 on the 600 block of North Main Street B A C KGRO UN DBACKGROUND Parcels 0402240000 and 0402230000 on the 600 block of North Main Street are currently vacant but did have buildings on each parcel, which were razed in 1990 and 1992. The former buildings were both commercial uses on the first floor and apartments on the upper floors. The two parcels are adjacent to the Near East Redevelopment District and have remained vacant since 1992. The parcels are located in the Downtown Neighborhood Association. A N A L Y SI SANALYSIS Due to the fact that the parcels have been vacant for 30+ years, there are no utilities on either parcel causing inadequate provisions for sanitation. The underutilized, blighted property has had multiple violations on site for junk and debris and grass length in the past. Commonwealth Development is proposing a mixed-use redevelopment project on RDA property to the north of these two parcels and including these two parcels into the project area will provide additional space to expand the project and increase the value on these underutilized parcels. REC O M M E N D A TI ONRECOMMENDATION The Redevelopment Authority approves the spot blight designation for Parcels #0402240000 and #0402230000 on the 600 block of North Main Street. A t t a chment sAttachments RES 23-507 spot blight N Main 09/26/2023 23-507 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE SPOT BLIGHT DESIGNATION FOR PARCELS #0402240000 AND #0402230000 ON THE 600 BLOCK OF NORTH MAIN STREET REDEVELOPMENT AUTHORITY RECOMMENDATION: Approved INITIATED BY : CITY ADMINISTRATION WHEREAS, the Redevelopment Authority of the City of Oshkosh was created to assist in the elimination and prevention of blight and blighting influences and to promote urban renewal; and WHEREAS, the property located at parcels #0402240000 and #0402230000 on North Main Street exhibits conditions cited under Section 66.1333 (2m)3.(bm) of the Wisconsin Statutes that consider said property to be blighted; and WHEREAS, the Redevelopment Authority conducted a public hearing and approved a determination that Parcels #0402240000 and #0402230000 on North Main Street are blighted and in need of rehabilitation and blight elimination at its September 20, 2023 meeting; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Parcels #0402240000 and #0402230000 on North Main Street are hereby declared blighted pursuant to the provisions of Section 66.1333, Wisconsin Statutes. BE IT FURTHER RESOLVED by the Common Council that: 1. Findings and Determinations. It has been found and determined and is hereby declared that: (a) conditions of blight exist at the Property; and (b) a comprehensive plan of redevelopment is not necessary with respect to the private redevelopment of the Property or the relation of the redevelopment of the Property to other property redeveloped by the City of Oshkosh and Redevelopment Authority. 2. Spot Blight Designation. The Common Council hereby finds that the Property is a blighted property in need of rehabilitation and blight elimination under the meaning in Section 66.1333 (2m)3.(bm) of Wisconsin Statutes. Approve Spot Blight Designation for Parcels #0402240000 and #0402230000 on the 600 block of North Main Street TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-508 Approve Acquisition of Properties Located at 656 North Main Street, Parcels #0402240000 and #0402230000 ($300,000) B A C KGRO UN DBACKGROUND The Redevelopment Authority (RDA) has acquired multiple properties along Jefferson Street and North Main Street on the 600 block in an effort to redevelop a portion of the block. The RDA recently awarded an option to purchase to Commonwealth Development to construct a mixed-use development on the RDA's property in 2024. A N A L Y SI SANALYSIS In order to expand the project area, City staff will utilize HUD CDBG funds to purchase three (3) blighted properties for a total of $300,000. Currently there are two (2) vacant properties and one (1) property that has a two-story building, with a total of 10,078 sq ft of space that is currently vacant. The three parcels will be combined with the RDA's existing parcels to create a larger developable area. FI SC A L I M P A CTFISCAL I M P A C T The RDA/City will use CDBG central city blight elimination funds to acquire the property. Ongoing maintenance of the parcels is approximately $500 annually for each parcel. REC O M M E N D A TI ONRECOMMENDATION The Redevelopment Authority approves the acquisition of the properties located at 656 North Main Street, Parcels #0402240000 and #0402230000 for $300,000. A t t a chment sAttachments RES 23-508 acquisition 656 N Main 09/26/2023 23-508 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE ACQUISITION OF PROPERTIES LOCATED AT 656 NORTH MAIN STREET, PARCELS #0402240000 AND #0402230000 ($300,000.00) REDEVELOPMENT AUTHORITY RECOMMENDATION: Approved INITIATED BY : CITY ADMINISTRATION WHEREAS, it is in the best interests of the citizens of the City of Oshkosh to acquire property to assist in the elimination and prevention of blighting influences and promote urban renewal; and WHEREAS, the property and interest to be acquired includes vacant land and a blighted building, and is described as: LOT 1 OF CERTIFIED SURVEY MAP 5872 RECORDED AS DOCUMENT NUMBER 1394260, WINNEBAGO COUNTY REGISTER OF DEEDS AND ½ OF ADJACENT RIGHT-OF-WAY OF N. MAIN STREET. PARCEL 0402240000: NORTH 31.00 FEET OF THE WEST ½ OF LOT 3, BLOCK 72 OF LEACH’S MAP OF 1894 AND ½ OF ADJACENT RIGHT-OF-WAY OF N. MAIN STREET. PARCEL 0402230000: SOUTH 35.00 FEET OF THE WEST ½ OF LOT 3, BLOCK 72 OF LEACH’S MAP OF 1894 AND ½ OF ADJACENT RIGHT-OF-WAY OF N. MAIN STREET. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the value of the properties to be acquired, as described above, is hereby established at $300,000.00. Funds for this purpose are appropriated from Account No. 0303-0740, the Community Development Block Grant Fund. BE IT FURTHER RESOLVED that the proper Redevelopment Authority officials are hereby authorized and directed to purchase properties at 656 North Main Street, Parcel# 0402240000 and #0402230000 in the amount of $300,000.00 plus closing costs and execute any and all documents necessary to consummate this transaction. Approve Acquisition of Properties at 656 North Main Street, Parcels #0402240000 and #0402230000 ($300,000) TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Russ Van Gompel, Director of Finance D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Res 23-509 Approval of Non-Contractual Sanitary Sewer Rates for Wholesale Customers B A C KGRO UN DBACKGROUND As discussed with the Sanitary Sewer Utility's Wholesale Customers during negotiations of a Master Agreement with the surrounding Sanitary Districts, the City is considering implementation of non- contractual rates effective October 1, 2023. The City currently provides wastewater services to neighboring sanitary districts, including the Town of Algoma Sanitary District No. 1, the Blackwolf Sanitary District No. 1, the Town of Oshkosh Island View Sanitary District, the Town of Oshkosh Sunset Point Sanitary District, the Town of Oshkosh Edgewood- Shangri La Sanitary District, and will soon provide wastewater services to the Town of Oshkosh Winnebago Area Sanitary District (districts shall be individually referred to as a "Wholesale Customer"). Several of the City's Wholesale Customers have sanitary sewer agreements with the City that have reached the end of their term and have expired, or will be expiring this month. A N A L Y SI SANALYSIS The Non-Contractual rates are based on the assets used by each sanitary district and a rate for each district is based on the assets the district is benefiting from. The asset then anticipated a rate of return on the assets of 6.2%. This rate of return is based on PSC (Public Service Commission) most recent approved rates of return. The Interim Sanitary Sewer Rate Analysis for Wholesale Customers/ Sanitary Districts, prepared by Ehlers is attached for your review. FI SC A L I M P A CTFISCAL I M P A C T If approved, the annual effect of the increase for each Sanitary District is shown on the attached Summary. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council pass this resolution. A t t a chment sAttachments RES 23-509 Rate Summary Interim Rate Model 9/26/2023 23-509 RESOLUTION CARRIED 7-0 PURPOSE: APPROVE NON-CONTRACTUAL SANITARY SEWER RATES FOR WHOLESALE CUSTOMERS INITIATED BY : CITY ADMINISTRATION WHEREAS, the Wastewater Systems Ordinance, Chapter 24, of the Municipal Code provides for the adoption of a fee schedule for wastewater service charges; and WHEREAS, the City currently provides wastewater services to neighboring sanitary districts, including the Town of Algoma Sanitary District No. 1, the Blackwolf Sanitary District No. 1, the Town of Oshkosh Island View Sanitary District, the Town of Oshkosh Sunset Point Sanitary District, the Town of Oshkosh Edgewood-Shangri La Sanitary District, and will soon provide wastewater services to the Town of Oshkosh Winnebago Area Sanitary District (districts shall be individually referred to as a “Wholesale Customer”); and WHEREAS, several of the City’s Wholesale Customers have sanitary sewer agreements with the City that have reached the end of their term and have expired, or will be expiring this month; and WHEREAS, if the City does not have an existing contract with a Wholesale Customer for the provision of wastewater services, the Wholesale Customer shall be charged the rates adopted by council pursuant to Chapter 24 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sewer Rate Schedule for Wholesale Customers is hereby adopted and shall be in full force and effect on and after October 1, 2023. Outside User Rate Calculations Summary of Historical and Proposed Total Charges City of Oshkosh, WI Summary of Projected Revenues by Sanitary District Historical Actual Interim Rate Difference Between Revenue Annual Revenue Actual and Interim Algoma SD $223,144 $669,957 $446,813 Sunset SD $14,762 $22,058 $7,296 Blackwolf SD $103,720 $172,793 $69,073 Island View SD $50,019 $53,436 $3,417 Edgewood Shangri-la SD $3,683 $8,659 $4,976 Totals $395,328 $926,903 $531,575 Outside User Rate Calculations Projected Test Year 2022 WWTF Flows and Loadings City of Oshkosh, WI Flow (CCF) BOD (Lbs) TSS (Lbs) P (Lbs) NH3-N (Lbs) Inside Customers Residential 912,618 1,850,291 1,992,621 51,239 165,103 Commercial 339,741 688,809 741,795 19,075 61,463 Multi-Family 222,539 451,188 485,894 12,494 40,260 Industrial 152,772 309,738 333,564 8,577 27,638 Municipal & Public 310,432 629,387 677,801 17,429 56,161 Subtotal Inside Customers 1,938,102 3,929,413 4,231,675 108,815 350,625 Outside Customers Algoma SD 268,675 419,021 419,021 16,761 41,902 Sunset SD 8,846 13,796 13,796 552 1,380 Blackwolf SD 58,968 91,965 91,965 3,679 9,197 Island View SD 18,236 28,440 28,440 1,138 2,844 Edgewood Shangri-la SD 2,955 4,609 4,609 184 461 Subtotal Outside Billable 357,680 557,831 557,831 22,313 55,783 High Strength Industrial Axletech ---2 Bemis 1,208 62,260 -172 Covanta 55,365 --8 Hydrite Chemical JJ Keller 122 569 -- Kingsbury ---- Oshkosh 333 3,821 9,898 3,674 2,405 Oshkosh 500 Waukau 772 1,362 -20 Oshkosh 2737 8,293 8,059 193 1,620 Oshkosh Correctional Inst 1700 44,423 1,502 -1,095 Oshkosh Correctional Inst 1730 40,921 1,415 987 Pepsi Cola 209,658 5,937 97 - Silver Creek Meats Water Filtration Plant -650,412 132 - Winnebago Co. Landfill ---9,074 Winnebago Co. Landfill II- Combined Cells 9,329 1,392 -32,872 Subtotal High Strength Industrial Billable 373,912 742,806 4,096 48,255 Wastehaulers Septic Tank Waste 144 8,085 13,475 269 135 Porta Potty Waste 422 11,847 23,693 658 263 Mixed Loads 23 129 129 6 18 Holding Tank Waste 21,428 66,837 106,940 2,673 6,684 Subtotal Wastehaulers 22,017 86,898 144,237 3,608 7,100 Wastewater Treatment Facility Total Billable 2,317,799 4,948,054 5,676,549 138,831 461,762 Inflow/Infiltration (I/I)3,038,722 Total WWTF 5,356,521 Total For Rate Calcs 2,317,799 4,948,054 5,676,549 138,831 461,762 Inside City Customers 1,960,119 4,390,223 5,118,718 116,518 405,979 Inside City and Sanitary Districts 2,308,953 4,934,258 5,662,753 138,279 460,383 (Less Sunset SD) Page 1 Outside User Rate Calculations Projected Test Year 2022 Meter Counts City of Oshkosh, WI Meter Size Residential Commerical Multi-Family Industrial Municipal & Public Total 5/8"8,918 272 75 3 7 9,275 3/4"11,255 933 67 17 47 12,319 1"178 317 196 28 29 748 1 1/4" 1 1/2"1 101 145 19 28 294 2"123 68 29 72 292 3"36 2 11 40 89 4"12 8 5 19 44 6"4 3 3 10 8"11 10"11 12" 20,352 1,798 564 112 247 23,073 Meter Size Equiv. Ratio Residential Commerical Multi-Family Industrial Municipal & Public Total 5/8"1 8,918 272 75 3 7 9,275 3/4"1 11,255 933 67 17 47 12,319 1"2.5 445 793 490 70 73 1,870 1 1/4"3.75 - - - - -- 1 1/2"5 5 505 725 95 140 1,470 2"8 - 984 544 232 576 2,336 3"15 - 540 30 165 600 1,335 4"25 - 300 200 125 475 1,100 6"50 - 200 150 - 150 500 8"80 - -- - 80 80 10"125 - -- - 125 125 12"175 - -- - -- 20,623 4,527 2,281 707 2,273 30,410 Total Meters Equivalent Meters Page 2 Outside User Rate Calculations 2023 Budgeted Sewer Utility Expenses City of Oshkosh, WI 2023 Sunset Black Island Edgewood Budget Algoma SD Wolf View Shangri-La SANITARY SEWER - 1920 Labor 76,400 Retirement Benefits 4,800 Insurance Benefits 18,200 Contractual Services 0 PS - Engineer/Survey/Appraisal 68,003 3rd party Contracted service 120,000 Subscription/Licensing Contract 16,125 Interfund Chargebacks 410,000 Building Rent 600 TV Inspection 0 Chemicals 0 Miscellaneous 0 Legal Fees 200,000 Fuel 0 Supplies and Repair Parts 5,000 Sewer Maintenance Supplies 6,000 Minor equipment 5,000 Stone/Gravel/Concrete/Asphalt 0 Depreciation 2,017,500 TOTAL SANITARY SEWER 2,947,628 PUMPING STATIONS - 1930 Labor 65,000 X X X Repair Parts 100 X X X Gas & Oil 500 X X X Heat 0 X X X Equipment 98,500 X X X Postage 300 X X X Professional Services 27,700 X X X License & Permit 100 X X X Interfund Chargebacks 9,000 X X X Other Supplies 35,500 X X X Telephone 4,500 X X X Chemicals 70,000 X X X Rental Expense 2,000 X X X Sewer 0 XXX Storm Water 0 XXX Supplies and Repair Parts 28,500 X X X Power & Light 187,300 X X X Insurance 34,100 X X X Depreciation (Including Forcemain depreciation)501,400 X X X TOTAL PUMPING STATIONS 1,064,500 XXX Page 3 DISPOSAL PLANT - 1940 - Liquid Labor 1,052,200 XXXXX Retirement Benefits 69,100 XXXXX Insurance Benefits 248,000 XXXXX Repair Parts 101,074 XXXXX Office Supplies 4,900XXXXX Gas & Oil 8,000XXXXX Heat 0XXXXX Chemicals 400,000 XXXXX Cont Svcs/Eng & Consulting Fees 638,827 XXXXX Tools 8,568XXXXX Other Supplies 57,800XXXXX Telephone 2,500 XXXXX Water 0XXXXX Storm Water 0XXXXX Power & Light 650,700 XXXXX Car Allowance 0XXXXX Conference & Training 14,000XXXXX Insurance 63,600XXXXX Depreciation (Incl Interceptor depreciation)1,076,100 XXXXX Administration/Engineering Fee 100,000 XXXXX Minor Equipment 42,000XXXXX Clothing 2,500XXXXX Miscellaneous 1,287 XXXXX Fees & Permits 73,500XXXXXXXXXX TOTAL DISPOSAL PLANT 4,614,656 XXXXX SOLID DISPOSAL - 1941 Labor 226,800 XXXXX Retirement Benefits 14,900 XXXXX Insurance Benefits 54,100 XXXXX Repair Parts XXXXX Gas & Oil 90,000XXXXX Chemicals 120,000 XXXXX Insurance 13,400XXXXX Contractual Services 216,100 XXXXX Depreciation 484,000 XXXXX Maintenance 0 XXXXX Equipment Rental 7,000XXXXX Miscellaneous 1,087 XXXXX Special Services XXXXX Uniforms 2,050XXXXX Landfill Fees 0 XXXXX Supplies 30,100XXXXX XXXXX TOTAL SOLID DISPOSAL 1,259,537 XXXXX LABORATORY - 1945 Page 4 Labor 85,800 XXXXX Retirement Benefits 5,600 XXXXX Insurance Benefits 23,400 XXXXX Repairs 795 XXXXX Chemicals 10,000XXXXX Other Supplies 60XXXXX Insurance 5,261XXXXX Depreciation 2,200XXXXX Conference & Training 0XXXXX Office Supplies 0XXXXX Conference & Prof Training 0XXXXX Tools & Shop Supplies XXXXX Professional Services 200 XXXXX XXXXX TOTAL LABORATORY 133,316 XXXXX MAINTENANCE - 1946 Labor 601,300 XXXXX Retirement Benefits 85,300 XXXXX Insurance Benefits 126,700 XXXXX Motor Vehicle Expense 5,100 XXXXX Contractual Services 4,200XXXXX Gas & Oil 14,800XXXXX Minor Equipment 0XXXXX Office Supplies 800XXXXX Other Supplies 17,200XXXXX Repairs/Maint 23,700 XXXXX Insurance 57,200XXXXX Depreciation 306,800 XXXXX Clothing 600XXXXX Miscellaneous 0 XXXXX Equipment Rental 200XXXXX Landfill Fees 0 XXXXX Conference & Training 0XXXXXXXXXX TOTAL MAINTENANCE 1,243,900 XXXXX Page 5 GENERAL & ADMINISTRATIVE - 1950 Labor 422,000 Retirement Benefits 93,500 Insurance Benefits 96,200 Acounting Loss/Debt Refinancing 0 Software Supplies 0 Minor Equipment 4,500 Office Supplies/Equipment 5,000 Postage 66,000 Computer Charges 34,900 Telephone 1,900 Misc Fixed Charges 0 Contractual Services 40,900 Car Allowance 300 Maintenance Office Equipment 27,800 Professional Services 0 Advertising/Marketing 0 Other Supplies 500 Audit 8,000 Insurance 8,800 Uncollectable Accounts 4,200 Depreciation 2,700 Bond Issue Expense 2,047,000 Bond Service Fees 900 Bank Fees 0 GASB 68 Pension Exp 0 Conference & Training 600 Dues 600 TOTAL GENERAL & ADMINISTRATIVE 2,866,300 METER READING - 1951 Labor 0 Retirement Benefits 0 Insurance Benefits 0 Meter Repairs 390,000 GASB 68 Pension Exp 214,000 Office Supplies 50,000 Car Allowance 0 Insurance 0 TOTAL METER READING 654,000 PRETREATMENT PROGRAM - 1955 Professional Services 60,000 Licenses & Permits 0 Maint Computer 1,400 Conference/Training 200 Safety Equipment 0 Office Supplies 100 TOTAL PRETREATMENT PROGRAM 61,700 Page 6 Outside User Rate Calculations Sewer SystemAccumulated Depreciation and Net Book Value City of Oshkosh, WI Original Cost Accumulated Depreciation Net Book Value 12/31/2021 12/31/2021 12/31/2021 LAND 301,288 1721-00000 PUMPING STATION BLDG.13,615,099 2,876,934 10,738,165 1731-00000 DISPOSAL PLANT STRUCTURE 21,214,070 11,949,756 9,264,314 1734-00000 INTERCEPTING SEWERS 23,495,463 2,986,231 20,509,232 1743-00000 FORCE MAINS 1,677,894 1,060,520 617,374 1725-00000 PUMPING STATION EQUIP.6,309,113 3,322,488 2,986,625 1735-00000 DISPOSAL PLANT EQUIP.20,487,731 13,345,024 7,142,707 1732-00000 TREATMENT - EQUIPMENT 208,263 16,229 192,034 1785-00000 MAINTENANCE EQUIP.162,812 162,812 0 1795-00000 LABORATORY EQUIP.31,146 27,438 3,708 1788-00000 MOTOR VEHICLES 1,933,453 1,337,596 595,857 1797-00000 RADIOS 1,199,461 1,199,461 0 1726-00000 PUMP. STA. TOOLS & MISC EQUIP.000 1791-00000 OFFICE EQUIPMENT 17,743 17,743 0 1784-00000 TOOLS & MISC. EQUIP.69,385 69,385 0 1729-00000 SOLID DISP. PLANT EQUIP.9,608,881 9,476,831 132,051 1719-00000 SANITARY SEWERS 76,864,636 18,166,487 58,698,150 1745-00000 SERVICES 8,915,840 256,316 8,659,523 1727-00000 SAN. SEWER TOOLS & MISC. EQUIP 169,734 169,734 0 1738-00000 POWER OPERATED EQUIPMENT 31,472 3,284 28,188 1728-00000 SOLIDS TOOLS & MISC. EQUIP.000 1792-00000 HARDWARE SOFTWARE 405,870 405,870 0 1794-00000 LIQUID TOOLS & MISC. EQUIP.9,869 9,869 0 Totals 186,729,223 66,860,009 119,567,926 Page 7 Outside User Rate Calculations Recovery of Return on Net Investment Rate Base (ROI) City of Oshkosh, WI Sewer System Net Book Value $119,567,926 Return on Investment (ROI)%6.20% ROI for Test Year $7,413,211 Breakdown of ROI Into Collection System and Treatment Plant Collection System $67,981,717 Return on Investment (ROI)% 6.20% Collection System ROI for Test Year $4,214,866 Pumping Stations and Forcemains $14,342,163 Return on Investment (ROI)% 6.20% Pumping Station ROI for Test Year $889,214 Treatment Plant and Interceptors (All SD Customers)$37,244,046 Return on Investment (ROI)% 6.20% Treatment Plant and Interceptor ROI for Test Year $2,309,131 Page 8 Outside User Rate Calculations Allocation of Costs to Function City of Oshkosh, WI Conv Flow BOD TSS P NH3-N Cst Cnn 2023 Budget Expenses Conveyance System Flow BOD TSS P NH3-N Billing Meter/Conn Operating & Maintenance Sanitary Sewer Labor 80%10% 10%$76,400 $61,120 $0 $0 $0 $0 $0 $7,640 $7,640 Retirement Benefits 80%10% 10%$4,800 $3,840 $0 $0 $0 $0 $0 $480 $480 Insurance Benefits 80%10% 10%$18,200 $14,560 $0 $0 $0 $0 $0 $1,820 $1,820 Contractual Services 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0 PS - Engineer/Survey/Appraisal 80%10% 10%$68,003 $54,402 $0 $0 $0 $0 $0 $6,800 $6,800 Subscription/Licensing Contract 80%10% 10%$16,125 $12,900 $0 $0 $0 $0 $0 $1,613 $1,613 Interfund Chargebacks 80%10% 10%$410,000 $328,000 $0 $0 $0 $0 $0 $41,000 $41,000 Building Rent 80%10% 10%$600 $480 $0 $0 $0 $0 $0 $60 $60 TV Inspection 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0 Chemicals 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0 Miscellaneous 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0 Legal Fees 80%10% 10%$200,000 $160,000 $0 $0 $0 $0 $0 $20,000 $20,000 Fuel 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0 Supplies and Repair Parts 80%10% 10%$5,000 $4,000 $0 $0 $0 $0 $0 $500 $500 Sewer Maintenance Supplies 80%10% 10%$6,000 $4,800 $0 $0 $0 $0 $0 $600 $600 Minor equipment 80%10% 10%$5,000 $4,000 $0 $0 $0 $0 $0 $500 $500 Stone/Gravel/Concrete/Asphalt 80%10% 10%$0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal Sanitary Sewer 80%10% 10%$930,128 $744,102 $0 $0 $0 $0 $0 $93,013 $93,013 Pumping Stations Labor 90%5% 5%$65,000 $58,500 $0 $0 $0 $0 $0 $3,250 $3,250 Repair Parts 90%5% 5%$100 $90 $0 $0 $0 $0 $0 $5 $5 Gas & Oil 90%5% 5%$500 $450 $0 $0 $0 $0 $0 $25 $25 Heat 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0 Equipment 90%5% 5%$98,500 $88,650 $0 $0 $0 $0 $0 $4,925 $4,925 Postage 90%5% 5%$300 $270 $0 $0 $0 $0 $0 $15 $15 Professional Services 90%5% 5%$27,700 $24,930 $0 $0 $0 $0 $0 $1,385 $1,385 License & Permit 90%5% 5%$100 $90 $0 $0 $0 $0 $0 $5 $5 Interfund Chargebacks 90%5% 5%$9,000 $8,100 $0 $0 $0 $0 $0 $450 $450 Other Supplies 90%5% 5%$35,500 $31,950 $0 $0 $0 $0 $0 $1,775 $1,775 Telephone 90%5% 5%$4,500 $4,050 $0 $0 $0 $0 $0 $225 $225 Chemicals 90%5% 5%$70,000 $63,000 $0 $0 $0 $0 $0 $3,500 $3,500 Rental Expense 90%5% 5%$2,000 $1,800 $0 $0 $0 $0 $0 $100 $100 Sewer 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0 Storm Water 90%5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0 Supplies and Repair Parts 90%5% 5%$28,500 $25,650 $0 $0 $0 $0 $0 $1,425 $1,425 Power & Light 90%5% 5%$187,300 $168,570 $0 $0 $0 $0 $0 $9,365 $9,365 Insurance 90%5% 5%$34,100 $30,690 $0 $0 $0 $0 $0 $1,705 $1,705 Depreciation (Including Forcemain depreciation) 90%5% 5%$501,400 $451,260 $0 $0 $0 $0 $0 $25,070 $25,070 Subtotal Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$1,064,500 $958,050 $0 $0 $0 $0 $0 $53,225 $53,225 Disposal Plant Labor 33% 25% 22% 5% 5% 5% 5%$1,052,200 $0 $347,226 $263,050 $231,484 $52,610 $52,610 $52,610 $52,610 Retirement Benefits 33% 25% 22% 5% 5% 5% 5%$69,100 $0 $22,803 $17,275 $15,202 $3,455 $3,455 $3,455 $3,455 Insurance Benefits 33% 25% 22% 5% 5% 5% 5%$248,000 $0 $81,840 $62,000 $54,560 $12,400 $12,400 $12,400 $12,400 Repair Parts 33% 25% 22% 5% 5% 5% 5%$101,074 $0 $33,354 $25,269 $22,236 $5,054 $5,054 $5,054 $5,054 Office Supplies 33% 25% 22% 5% 5% 5% 5%$4,900 $0 $1,617 $1,225 $1,078 $245 $245 $245 $245 Gas & Oil 33% 25% 22% 5% 5% 5% 5%$8,000 $0 $2,640 $2,000 $1,760 $400 $400 $400 $400 Heat 33% 25% 22% 5% 5% 5% 5%$0 $0 $0 $0 $0 $0 $0 $0 $0 Chemicals 57%43%0%$400,000 $0 $228,000 $0 $0 $172,000 $0 $0 $0 Cont Svcs/Eng & Consult Fees 33% 25% 22% 5% 5% 5% 5%$638,827 $0 $210,813 $159,707 $140,542 $31,941 $31,941 $31,941 $31,941 Tools 32% 30% 26% 7% 5%0%$8,568 $0 $2,742 $2,570 $2,228 $600 $428 $0 $0 Other Supplies 32% 30% 26% 7% 5%0%$57,800 $0 $18,496 $17,340 $15,028 $4,046 $2,890 $0 $0 Telephone 32% 30% 26% 7% 5%0%$2,500 $0 $800 $750 $650 $175 $125 $0 $0 Water 32% 30% 26% 7% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Storm Water 32% 30% 26% 7% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Power & Light 33% 34% 21% 5% 7%0%$650,700 $0 $214,731 $221,238 $136,647 $32,535 $45,549 $0 $0 Allocation Percentages WWTF Customer Page 9 Conv Flow BOD TSS P NH3-N Cst Cnn 2023 Budget Expenses Conveyance System Flow BOD TSS P NH3-N Billing Meter/Conn Allocation Percentages WWTF Customer Car Allowance 33% 34% 21% 5% 7%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Conference & Training 33% 25% 22% 5% 5% 5% 5%$14,000 $0 $4,620 $3,500 $3,080 $700 $700 $700 $700 Insurance 33% 25% 22% 5% 5% 5% 5%$63,600 $0 $20,988 $15,900 $13,992 $3,180 $3,180 $3,180 $3,180 Dues 33% 25% 22% 5% 5% 5% 5%$100,000 $0 $33,000 $25,000 $22,000 $5,000 $5,000 $5,000 $5,000 Equipment Rental 32% 30% 26% 7% 5%0%$42,000 $0 $13,440 $12,600 $10,920 $2,940 $2,100 $0 $0 Clothing 43% 25% 22% 5% 5%0%$2,500 $0 $1,075 $625 $550 $125 $125 $0 $0 Miscellaneous 33% 34% 21% 5% 7%0%$1,287 $0 $425 $438 $270 $64 $90 $0 $0 Fees & Permits 33% 34% 21% 5% 7%0%$73,500 $0 $24,255 $24,990 $15,435 $3,675 $5,145 $0 $0 Subtotal Disposal Plant 0% 36% 24% 19% 9% 5% 3% 3%$3,538,556 $0 $1,262,865 $855,476 $687,662 $331,145 $171,438 $114,985 $114,985 Solid Disposal Labor 43% 25% 22% 5% 5%0%$226,800 $0 $97,524 $56,700 $49,896 $11,340 $11,340 $0 $0 Retirement Benefits 43% 25% 22% 5% 5%0%$14,900 $0 $6,407 $3,725 $3,278 $745 $745 $0 $0 Insurance Benefits 43% 25% 22% 5% 5%0%$54,100 $0 $23,263 $13,525 $11,902 $2,705 $2,705 $0 $0 Repair Parts 33% 34% 21% 5% 7%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Gas & Oil 43% 25% 22% 5% 5%0%$90,000 $0 $38,700 $22,500 $19,800 $4,500 $4,500 $0 $0 Chemicals 57%43%0%$120,000 $0 $68,400 $0 $0 $51,600 $0 $0 $0 Insurance 43% 25% 22% 5% 5%0%$13,400 $0 $5,762 $3,350 $2,948 $670 $670 $0 $0 Contractual Services 43% 25% 22% 5% 5%0%$216,100 $0 $92,923 $54,025 $47,542 $10,805 $10,805 $0 $0 Maintenance 33% 34% 21% 5% 7%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Equipment Rental 33% 34% 21% 5% 7%0%$7,000 $0 $2,310 $2,380 $1,470 $350 $490 $0 $0 Miscellaneous 33% 34% 21% 5% 7%0%$1,087 $0 $359 $370 $228 $54 $76 $0 $0 Special Services 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Uniforms 43% 25% 22% 5% 5%0%$2,050 $0 $882 $513 $451 $103 $103 $0 $0 Landfill Fees 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Supplies 43% 25% 22% 5% 5%0%$30,100 $0 $12,943 $7,525 $6,622 $1,505 $1,505 $0 $0 Subtotal Solid Disposal 0% 45% 21% 19% 11% 4% 0% 0%$775,537 $0 $349,472 $164,612 $144,137 $84,377 $32,939 $0 $0 Laboratory Labor 30% 35% 15% 10% 10%0%$85,800 $0 $25,740 $30,030 $12,870 $8,580 $8,580 $0 $0 Retirement Benefits 30% 35% 15% 10% 10%0%$5,600 $0 $1,680 $1,960 $840 $560 $560 $0 $0 Insurance Benefits 30% 35% 15% 10% 10%0%$23,400 $0 $7,020 $8,190 $3,510 $2,340 $2,340 $0 $0 Repairs 30% 35% 15% 10% 10%0%$795 $0 $239 $278 $119 $80 $80 $0 $0 Chemicals 30% 35% 15% 10% 10%0%$10,000 $0 $3,000 $3,500 $1,500 $1,000 $1,000 $0 $0 Other Supplies 30% 35% 15% 10% 10%0%$60 $0 $18 $21 $9 $6 $6 $0 $0 Insurance 30% 35% 15% 10% 10%0%$5,261 $0 $1,578 $1,841 $789 $526 $526 $0 $0 Office Supplies 30% 35% 15% 10% 10%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Conference & Training 30% 35% 15% 10% 10%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Tools & Shop Supplies 30% 35% 15% 10% 10%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Professional Services 30% 35% 15% 10% 10%0%$200 $0 $60 $70 $30 $20 $20 $0 $0 Subtotal Laboratory 0% 30% 35% 15% 10% 10% 0% 0%$131,116 $0 $39,335 $45,890 $19,667 $13,112 $13,112 $0 $0 Maintenance Labor 43% 25% 22% 5% 5%0%$601,300 $0 $258,559 $150,325 $132,286 $30,065 $30,065 $0 $0 Retirement Benefits 43% 25% 22% 5% 5%0%$85,300 $0 $36,679 $21,325 $18,766 $4,265 $4,265 $0 $0 Insurance Benefits 43% 25% 22% 5% 5%0%$126,700 $0 $54,481 $31,675 $27,874 $6,335 $6,335 $0 $0 Motor Vehicle Expense 43% 25% 22% 5% 5%0%$5,100 $0 $2,193 $1,275 $1,122 $255 $255 $0 $0 Contractual Services 43% 25% 22% 5% 5%0%$4,200 $0 $1,806 $1,050 $924 $210 $210 $0 $0 Gas & Oil 43% 25% 22% 5% 5%0%$14,800 $0 $6,364 $3,700 $3,256 $740 $740 $0 $0 Minor Equipment 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Office Supplies 43% 25% 22% 5% 5%0%$800 $0 $344 $200 $176 $40 $40 $0 $0 Other Supplies 43% 25% 22% 5% 5%0%$17,200 $0 $7,396 $4,300 $3,784 $860 $860 $0 $0 Repairs/Maintenance 43% 25% 22% 5% 5%0%$23,700 $0 $10,191 $5,925 $5,214 $1,185 $1,185 $0 $0 Insurance 43% 25% 22% 5% 5%0%$57,200 $0 $24,596 $14,300 $12,584 $2,860 $2,860 $0 $0 Clothing 43% 25% 22% 5% 5%0%$600 $0 $258 $150 $132 $30 $30 $0 $0 Miscellaneous 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Equipment Rental 43% 25% 22% 5% 5%0%$200 $0 $86 $50 $44 $10 $10 $0 $0 Conference & Training 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal Maintenance 0% 43% 25% 22% 5% 5% 0% 0%$937,100 $0 $402,953 $234,275 $206,162 $46,855 $46,855 $0 $0 General & Administrative Labor 16% 16% 19% 17% 4% 4% 10% 14%$422,000 $67,520 $67,520 $80,180 $71,740 $16,880 $16,880 $42,200 $59,080 Retirement Benefits 16% 16% 19% 17% 4% 4% 10% 14%$93,500 $14,960 $14,960 $17,765 $15,895 $3,740 $3,740 $9,350 $13,090 Insurance Benefits 16% 16% 19% 17% 4% 4% 10% 14%$96,200 $15,392 $15,392 $18,278 $16,354 $3,848 $3,848 $9,620 $13,468 Software Supplies 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0 Minor Equipment 16% 16% 19% 17% 4% 4% 10% 14%$4,500 $720 $720 $855 $765 $180 $180 $450 $630 Office Supplies/Equipment 16% 16% 19% 17% 4% 4% 10% 14%$5,000 $800 $800 $950 $850 $200 $200 $500 $700 Page 10 Conv Flow BOD TSS P NH3-N Cst Cnn 2023 Budget Expenses Conveyance System Flow BOD TSS P NH3-N Billing Meter/Conn Allocation Percentages WWTF Customer Postage 16% 16% 19% 17% 4% 4% 10% 14%$66,000 $10,560 $10,560 $12,540 $11,220 $2,640 $2,640 $6,600 $9,240 Computer Charges 16% 16% 19% 17% 4% 4% 10% 14%$34,900 $5,584 $5,584 $6,631 $5,933 $1,396 $1,396 $3,490 $4,886 Telephone 16% 16% 19% 17% 4% 4% 10% 14%$1,900 $304 $304 $361 $323 $76 $76 $190 $266 Misc Fixed Charges 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0 Contractual Services 16% 16% 19% 17% 4% 4% 10% 14%$40,900 $6,544 $6,544 $7,771 $6,953 $1,636 $1,636 $4,090 $5,726 Car Allowance 16% 16% 19% 17% 4% 4% 10% 14%$300 $48 $48 $57 $51 $12 $12 $30 $42 Maintenance Office Equipment 16% 16% 19% 17% 4% 4% 10% 14%$27,800 $4,448 $4,448 $5,282 $4,726 $1,112 $1,112 $2,780 $3,892 Professional Services 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0 Advertising/Marketing 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0 Other Supplies 16% 16% 19% 17% 4% 4% 10% 14%$500 $80 $80 $95 $85 $20 $20 $50 $70 Audit 16% 16% 19% 17% 4% 4% 10% 14%$8,000 $1,280 $1,280 $1,520 $1,360 $320 $320 $800 $1,120 Insurance 16% 16% 19% 17% 4% 4% 10% 14%$8,800 $1,408 $1,408 $1,672 $1,496 $352 $352 $880 $1,232 Uncollectable Accounts 16% 16% 19% 17% 4% 4% 10% 14%$4,200 $672 $672 $798 $714 $168 $168 $420 $588 Bank Fees 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0 GASB 68 Pension Exp 16% 16% 19% 17% 4% 4% 10% 14%$0 $0 $0 $0 $0 $0 $0 $0 $0 Conference & Training 16% 16% 19% 17% 4% 4% 10% 14%$600 $96 $96 $114 $102 $24 $24 $60 $84 Dues 16% 16% 19% 17% 4% 4% 10% 14%$600 $96 $96 $114 $102 $24 $24 $60 $84 Subtotal General & Administrative 16% 16% 19% 17% 4% 4% 10% 14%$815,700 $130,512 $130,512 $154,983 $138,669 $32,628 $32,628 $81,570 $114,198 Meter Reading Labor 100% 0% $0 $0 $0 $0 $0 $0 $0 $0 $0 Retirement Benefits 100% 0% $0 $0 $0 $0 $0 $0 $0 $0 $0 Insurance Benefits 100% 0% $0 $0 $0 $0 $0 $0 $0 $0 $0 Meter Repairs 100% $390,000 $0 $0 $0 $0 $0 $0 $0 $390,000 GASB 68 Pension Exp 100% 0% $214,000 $0 $0 $0 $0 $0 $0 $214,000 $0 Office Supplies 50% 50% $50,000 $0 $0 $0 $0 $0 $0 $25,000 $25,000 Car Allowance 100% $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal Meter Reading 37% 63% $654,000 $0 $0 $0 $0 $0 $0 $239,000 $415,000 Pretreatment Program Professional Services 43% 25% 22% 5% 5%0%$60,000 $0 $25,800 $15,000 $13,200 $3,000 $3,000 $0 $0 Licenses & Permits 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Books & Periodicals 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Maint Computer 43% 25% 22% 5% 5%0%$1,400 $0 $602 $350 $308 $70 $70 $0 $0 Conference/Training 43% 25% 22% 5% 5%0%$200 $0 $86 $50 $44 $10 $10 $0 $0 Safety Equipment 43% 25% 22% 5% 5%0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Office Supplies 43% 25% 22% 5% 5%0%$100 $0 $43 $25 $22 $5 $5 $0 $0 Subtotal Pretreatment Program 0% 43% 25% 22% 5% 5% 0% 0%$61,700 $0 $26,531 $15,425 $13,574 $3,085 $3,085 $0 $0 Total O & M 21% 25% 17% 14% 6% 3% 7% 9%$8,908,337 $1,832,664 $2,211,668 $1,470,662 $1,209,872 $511,202 $300,056 $581,793 $790,421 Capital Costs Depreciation Sanitary Sewer 80% 0% 0% 0% 0% 0% 10% 10%$2,017,500 $1,614,000 $0 $0 $0 $0 $0 $201,750 $201,750 Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$501,400 $451,260 $0 $0 $0 $0 $0 $25,070 $25,070 Disposal Plant 0% 45% 21% 19% 11% 4% 0% 0%$1,076,100 $0 $484,912 $228,408 $199,998 $117,077 $45,704 $0 $0 Solid Disposal 0% 45% 21% 19% 11% 4% 0% 0%$484,000 $0 $218,100 $102,732 $89,954 $52,658 $20,556 $0 $0 Laboratory 0% 30% 35% 15% 10% 10% 0% 0%$2,200 $0 $660 $770 $330 $220 $220 $0 $0 Maintenance 0% 43% 25% 22% 5% 5% 0% 0%$306,800 $0 $131,924 $76,700 $67,496 $15,340 $15,340 $0 $0 General & Administration 16% 16% 19% 17% 4% 4% 10% 14%$2,700 $432 $432 $513 $459 $108 $108 $270 $378 Meter Reading 0% 0% 0% 0% 0% 0% 37% 63%$0 $0 $0 $0 $0 $0 $0 $0 $0 Pretreatment Program 0% 43% 25% 22% 5% 5% 0% 0%$0 $0 $0 $0 $0 $0 $0 $0 $0 Rate of Return Collection System (Sanitary Sewer)80% 0% 0% 0% 0% 0% 10% 10%$4,214,866 $3,371,893 $0 $0 $0 $0 $0 $421,487 $421,487 Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$889,214 $800,293 $0 $0 $0 $0 $0 $44,461 $44,461 Treatment Facility 0%45% 21% 19% 11% 4% 0% 0%$2,309,131 $0 $1,040,540 $490,126 $429,163 $251,229 $98,073 $0 $0 Total Capital Costs $11,803,911 $6,237,878 $1,876,567 $899,249 $787,400 $436,632 $180,002 $693,037 $693,145 Subtotal Revenue Requirements $20,712,248 $8,070,542 $4,088,235 $2,369,911 $1,997,272 $947,834 $480,058 $1,274,830 $1,483,566 Other Income Misc Service & Late Charges 23% 19% 15% 13% 5% 3% 11% 11%$0 $0 $0 $0 $0 $0 $0 $0 $0 Pre-Treatment Program 23% 19% 15% 13% 5% 3% 11% 11%$0 $0 $0 $0 $0 $0 $0 $0 $0 Investment Income 23% 19% 15% 13% 5% 3% 11% 11%$0 $0 $0 $0 $0 $0 $0 $0 $0 Total Other Income $0 $0 $0 $0 $0 $0 $0 $0 $0 Page 11 Conv Flow BOD TSS P NH3-N Cst Cnn 2023 Budget Expenses Conveyance System Flow BOD TSS P NH3-N Billing Meter/Conn Allocation Percentages WWTF Customer Total Net Revenue Requirements $20,712,248 $8,070,542 $4,088,235 $2,369,911 $1,997,272 $947,834 $480,058 $1,274,830 $1,483,566 Summary Allocation of Costs to Function and Classification for User Rates Conveyance 2021 Actual Expenses System Flow BOD TSS P TKN Billing Meter/Conn San Sewer, Admin Pretreatment, Meter Reading 67% 2% 2% 2% 0% 0% 12% 14%$8,696,594 $5,860,940 $157,475 $170,921 $152,702 $35,821 $35,821 $1,037,089 $1,245,825 Pumping Stations 90% 0% 0% 0% 0% 0% 5% 5%$2,455,114 $2,209,603 $0 $0 $0 $0 $0 $122,756 $122,756 Treatment 0% 41% 23% 19% 10% 5% 1% 1%$9,560,539 $0 $3,930,760 $2,198,990 $1,844,570 $912,013 $444,237 $114,985 $114,985 Total 39% 20% 11% 10% 5% 2% 6% 7%20,712,248 8,070,542 4,088,235 2,369,911 1,997,272 947,834 480,058 1,274,830 1,483,566 Legend BOD = Biochemical Oxygen Demand TSS = Total Suspended Solids P = Phosphorus NH3-N = Amonia Nitrogen Page 12 Outside User Rate Calculations Summary of Revenue Requirement City of Oshkosh, WI Revenue Requirement Component Paid By: 2023 Budget Conveyance System Flow BOD TSS P NH3-N Billing Meter/Conn San Sewer, Admin Pretreatment, Meter Reading City Customers Only $8,696,594 $5,860,940 $157,475 $170,921 $152,702 $35,821 $35,821 $1,037,089 $1,245,825 Pumping Stations All Customers except Sunset, Algoma $2,455,114 $2,209,603 $0 $0 $0 $0 $0 $122,756 $122,756 Treatment All Customers $9,560,539 $0 $3,930,760 $2,198,990 $1,844,570 $912,013 $444,237 $114,985 $114,985 Total $20,712,248 $8,070,542 $4,088,235 $2,369,911 $1,997,272 $947,834 $480,058 $1,274,830 $1,483,566 Page 13 Outside User Rate Calculations Rate Computation Worksheet City of Oshkosh, WI Collection System, Administration, Meter Reading, Pretreatment Rate Calc (City Customers Only) Fixed Charges (Annual) Costs Billable Units Rate 1,037,089 23,073 $44.95 1,245,825 30,410 $40.97 Equiv Meter/Connection Customer Total Meter Size Ratio Charge Charge Fixed Charge 5/8"1 $40.97 $44.95 $85.92 3/4"1 $40.97 $44.95 $85.92 1"2.5 $102.42 $44.95 $147.37 1 1/4"3.75 $153.63 $44.95 $198.58 1 1/2"5 $204.84 $44.95 $249.79 2"8 $327.74 $44.95 $372.69 3"15 $614.51 $44.95 $659.46 4"25 $1,024.19 $44.95 $1,069.14 6"50 $2,048.38 $44.95 $2,093.33 8"80 $3,277.41 $44.95 $3,322.36 10"125 $5,120.95 $44.95 $5,165.90 12"175 $7,169.33 $44.95 $7,214.28 Volumetric Charges Billable Units Charge Type Cost (Cu. Ft or lbs)Rate/Unit Flow Charge per 100 CF $157,475 1,960,119 $0.08 Conveyance Charge per 100 CF $5,860,940 1,938,102 $3.02 BOD Charge per lb.$170,921 4,390,223 $0.04 TSS Charge per lb.$152,702 5,118,718 $0.03 P Charge per lb.$35,821 116,518 $0.31 NH3-N Charge per lb.$35,821 405,979 $0.09 BOD Charge per 100 CF $0.06 TSS Charge per 100 CF $0.05 P Charge per 100 CF $0.02 NH3-N Charge per 100 CF $0.01 Total Volumetric Rate per 100 Cu. Ft $3.24 Charge Type Customer Charge Meter/Connection Charge Page 14 Pumping Stations User Rate Calculations (City, Blackwolf, Island View, Algoma, Edgewood SD's) Fixed Charges (Annual) Costs Billable Units Rate 122,756 23,073 $5.32 122,756 30,410 $4.04 Equiv Meter/Connection Customer Total Meter Size Ratio Charge Charge Fixed Charge 5/8"1 $4.04 $5.32 $9.36 3/4"1 $4.04 $5.32 $9.36 1"2.5 $10.09 $5.32 $15.41 1 1/4"3.75 $15.14 $5.32 $20.46 1 1/2"5 $20.18 $5.32 $25.50 2"8 $32.29 $5.32 $37.61 3"15 $60.55 $5.32 $65.87 4"25 $100.92 $5.32 $106.24 6"50 $201.83 $5.32 $207.15 8"80 $322.94 $5.32 $328.26 10"125 $504.59 $5.32 $509.91 12"175 $706.42 $5.32 $711.74 Volumetric Charges Billable Units Charge Type Cost (Cu. Ft or lbs)Rate/Unit Flow Charge per 100 CF $0 5,059,383 $0.00 Conveyance Charge per 100 CF $2,209,603 5,059,383 $0.44 BOD Charge per lb.$0 4,934,258 $0.00 TSS Charge per lb.$0 5,662,753 $0.00 P Charge per lb.$0 138,279 $0.00 NH3-N Charge per lb.$0 460,383 $0.00 BOD Charge per 100 CF $0.00 TSS Charge per 100 CF $0.00 P Charge per 100 CF $0.00 NH3-N Charge per 100 CF $0.00 Total Volumetric Rate per 100 Cu. Ft $0.44 Charge Type Customer Charge Meter/Connection Charge Page 15 Treatment Facility User Rate Calculations (All Customers) Fixed Charges (Annual) Costs Billable Units Rate 114,985 23,073 $4.98 114,985 30,410 $3.78 Equiv Meter/Connection Customer Total Meter Size Ratio Charge Charge Fixed Charge 5/8"1 $3.78 $4.98 $8.76 3/4"1 $3.78 $4.98 $8.76 1"2.5 $9.45 $4.98 $14.44 1 1/4"3.75 $14.18 $4.98 $19.16 1 1/2"5 $18.91 $4.98 $23.89 2"8 $30.25 $4.98 $35.23 3"15 $56.72 $4.98 $61.70 4"25 $94.53 $4.98 $99.51 6"50 $189.06 $4.98 $194.04 8"80 $302.49 $4.98 $307.48 10"125 $472.64 $4.98 $477.63 12"175 $661.70 $4.98 $666.69 Volumetric Charges (All Customers Except Algoma) Billable Units Charge Type Cost (Cu. Ft or lbs)Rate/Unit Flow Charge per 100 CF $3,930,760 5,356,521 $0.73 Conveyance Charge per 100 CF $0 5,334,504 $0.00 BOD Charge per lb.$2,198,990 4,948,054 $0.44 TSS Charge per lb.$1,844,570 5,676,549 $0.32 P Charge per lb.$912,013 138,831 $6.57 NH3-N Charge per lb.$444,237 461,762 $0.96 BOD Charge per 100 CF $0.69 TSS Charge per 100 CF $0.51 P Charge per 100 CF $0.41 NH3-N Charge per 100 CF $0.15 Total Volumetric Rate per 100 Cu. Ft $2.49 Charge Type Customer Charge Meter/Connection Charge Page 16 Wastehauler Charges Septic Charges Flow Charge per 100 Cu. Ft $0.81 BOD Charge per 100 Cu. Ft $27.14 TSS Charge per 100 Cu. Ft $33.20 P Charge per 100 Cu Ft.$12.87 NH3-N Charge per 100 Cu. Ft $0.98 Total $75.00 Holding Tank Charges Flow Charge per 100 Cu. Ft $0.81 BOD Charge per 100 Cu. Ft $1.51 TSS Charge per 100 Cu. Ft $1.77 P Charge per 100 Cu Ft.$0.86 NH3-N Charge per 100 Cu. Ft $0.33 Total $5.28 Porta Potty Waste Charges Flow Charge per 100 Cu. Ft $0.81 BOD Charge per 100 Cu. Ft $13.57 TSS Charge per 100 Cu. Ft $19.92 P Charge per 100 Cu Ft.$10.72 NH3-N Charge per 100 Cu. Ft $0.66 Total $45.68 Mixed Load Waste Charges Flow Charge per 100 Cu. Ft $0.81 BOD Charge per 100 Cu. Ft $2.71 TSS Charge per 100 Cu. Ft $1.99 P Charge per 100 Cu Ft.$1.93 NH3-N Charge per 100 Cu. Ft $0.82 Total $8.27 Rate Summary City (Inside) Fixed charge per connection $104.04 Rate per 100 Cu. Ft $6.17 BOD rate per lb.$0.483 TSS rate per lb.$0.355 P rate per lb.$6.877 NH3-N Charge per lb. $1.050 Page 17 Outside User Rate Calculations Rate Summary City of Oshkosh, WI Monthly Charges - Sunset Sanitary District Volumetric Rate per 100 Cubic Feet $2.49 Monthly Charges - Algoma Sanitary District Volumetric Rate per 100 Cubic Feet $2.49 Monthly Charges - Blackwolf, Island View, Edgewood Sanitary Districts Volumetric Rate per 100 Cubic Feet $2.93 Summary of Projected Revenues by Sanitary District Annual Revenue Algoma SD $669,956.65 Sunset SD $22,058.22 Blackwolf SD $172,793.35 Island View SD $53,436.23 Edgewood Shangri-la SD $8,659.00 Totals $926,903.45 Page 18 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M : James Rabe, Director of Public Works Ray Maurer, Parks Director D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T : Direction to Staff Regarding Water Filtration Plant Clearwell Building Façade and Lake Shore Drive Alignment in Relation to the Clearwell Replacement Project B A C KGRO UN DBACKGROUND As the Common Council is aware, the City must replace its current underground treated drinking water storage tanks (clearwells) with at-grade structures in compliance with the current regulatory requirements of the State of Wisconsin Administration Code Section NR 811. The State of Wisconsin Department of Natural Resources (WDNR) has identified the current clearwells as a deficiency since 2007. Staff have continued to work closely with WDNR staff since the initial deficiency was noted. The Common Council provided direction to staff to proceed with the redesign of the new at-grade structures as cast-in-place concrete rectangular tanks at their September 13, 2022 meeting. At their February 14, 2023 meeting, the Common Council approved the creation of the Ad Hoc Committee to Solicit Input on the City's Clearwell Replacement Project Aesthetic Features (Ad Hoc Committee). The Ad Hoc Committee met four (4) times between early May and early August of 2023. The Ad Hoc Committee engaged in discussions regarding the façade of the new buildings, various landscaping options in and around the Water Filtration Plant (WFP) site, and how Lake Shore Drive could be reimagined in conjunction with the Clearwells Replacement Project. The City of Oshkosh is currently working under a Corrective Action Plan with the WDNR for this Project. It is imperative that critical path design elements, such as the storage tanks and pump station buildings, continue to move forward, so the City is not faced with potential enforcement action from WDNR for not complying with the Corrective Action Plan. A N A L Y SI SANALYSIS This site will have to go through the Planned Development Overlay Zoning process. The decisions on the building façade and layout of Lake Shore Drive are critical in determining what potential base standard modifications are needed through the zoning review process. Those base standard modifications will drive final design decisions regarding additional features to offset the modifications. The Ad Hoc Committee and the staff liaison voting equally preferred two (2) different building façade options. Attachments to this item show both of those options (Option 1 and Option 5). Building Façade Option 1 includes materials that look very similar to the existing WFP structures. There are glass-block windows on the pump station building to provide interior daylighting to reduce the need for electrical lighting within the building. The new water storage tanks carry that look, replacing the glass block with patterned brick located and sized to mirror the appearance of the pump station windows. Building Façade Option 5 includes decorative precast concrete panels where the windows and patterned brick are located in Option 1. The Ad Hoc Committee discussed how the decorative panels' artwork, depicting a water wave, sturgeon, and wild rice, would acknowledge unique and desirable features of Lake Winnebago. Regarding Lake Shore Drive, both the Advisory Park Board and the Ad Hoc Committee recommend the attached Alternative 1 for the northern portion of Lake Shore Drive. The Advisory Park Board unanimously recommends the Common Council proceed with the attached Alternative 1 for the southern portion of Lake Shore Drive. This alternative includes a walking trail between Lake Shore Drive and Lake Winnebago, a twenty-four-foot-wide travel way, and retains the sixteen (16) parking stalls along the eastern side of Lake Shore Drive. The Advisory Park Board discussion regarding this recommendation centered on the significant use of these existing parking spaces during winter recreation events and the negative impact of losing these spaces would have by pushing parked vehicles further into the nearby neighborhoods, as well as the use by residents that want to have lunch in the area or just want to sit and look out over the lake at all times of the year. A representative from the fishing community spoke in agreement on the need for retaining the existing parking spaces. Additionally, the Advisory Park Board continues to review design concepts for a new beach bathhouse building, which will increase the draw of people to this area in the near future. The Advisory Park Board members expressed concern that all the existing parking spaces plus more may be needed as beach use increases. The Ad Hoc Committee recommends the Common Council proceed with the attached Alternative 1A for the southern portion of Lake Shore Drive. This includes a walking trail between Lake Shore Drive and Lake Winnebago, a twenty-foot-wide travel way for Lake Shore Drive and no parking. The Ad Hoc Committee discussion regarding this recommendation centered on the reduction of "hard scape" or paved areas and increasing the amount of space available to provide landscaping features along the shore of Lake Winnebago. There was significant discussion regarding landscaping in various areas in and around the WFP site. On the site, and immediately adjacent to the site in the street right-of-ways, care needs to be taken to avoid buried infrastructure. In other areas, the Ad Hoc Committee recommended the City retain the services of a Landscape Architect to design the landscaping, with recommendations to incorporate native vegetation species and to tie the landscaping into overall design components extending into Menominee Park. City staff are committed to retaining the services of a landscape architect during the development of the site plans for the site. Staff is in the process of soliciting proposals for a landscape architect. The discussion around the incorporation of educational and/or historical elements focused more on providing interpretive signage and information along the newly-proposed trail between Lake Shore Drive and Lake Winnebago. The Ad Hoc Committee's recommendation is to incorporate information regarding the lake ecology, local history and use of Lake Winnebago, and the value of clean water into the interpretive signage. The building architectural design will be presented to the Plan Commission for review and approval of public building architecture. The site plans will also be presented to both Plan Commission and Common Council through the General Development Plan and Specific Implementation Plan portion of the Planned Development Overlay Zoning review and approval. It is anticipated that the Site Plan will be reviewed and approved in early Spring 2024. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of choosing between Option 1 and Option 5 for the building façade is negligible in the scope of the Project. At this time, design staff believe the construction costs of the two (2) options to be virtually the same. The decorative panels might have a slight design and construction cost increase, but with the information currently available, the design team is unable to quantify that beyond negligible. The cost difference between Alternative 1 and 1A for the southern portion of Lake Shore Drive is estimated to be around $150,000. These fiscal impacts do not include the estimated $4 million cost increase to the Project for going from the pre-cast concrete round tanks to the cast-in-place concrete rectangular tanks as a result of passage of Res olut ion 22-383Resolution 22-383 on September 13, 2022. The Public Service Commission of Wisconsin (PSCW) will make a determination as to what costs will be allowed to be passed along to Water Utility rate payers, and what costs the City must find another way to finance. Staff will include the documented significant public involvement process as part of the Construction Authorization Application to PSCW. The PSCW has shown in the past a willingness to accept some additional costs on projects when applicants can demonstrate a significant public involvement process led to those recommended additional costs. REC O M M E N D A TI ONRECOMMENDATION Staff recommends the Common Council direct us to proceed with Alternative 1 for the northern portion of Lake Shore Drive and Alternative 1 for the southern portion of Lake Shore Drive. Staff are supportive of either alternative for the building facade. Staff further recommends the Common Council support the future retention of a Landscape Architect to develop a comprehensive landscaping plan for this area during the final redesign of the Project and to assist with the development of interpretive signage along the walking trail. A t t a chment sAttachments Facade Options (Close) Facade Options (Lake View) Lake Shore Drive Options Option 1 Option 5 Option 1 Option 5 42' 18' 24' 9 ' PROPOSED CLEARWELL R35' 24' 23 PROPOSED PARKING STALLS (INCLUDING 1 HANDICAP PARKING STALL) EXISTING RIGHT- OF-WAY LINES 24' 4 0 ' PROPOSED 40' WIDE ENTRANCE GATE TREE REMOVAL REQ'D (TYP.) 10' 30 ' 4' R50 ' 25' ONE-WAY ACCESS ROAD EXIT 02 TRAIL EAST OF LAKESHORE DRIVE ALTERNATIVE #1LAKE SHORE DRIVE (NORTH) JWF JULY 2023 BENCH MARKS - USGS NAVD 88 DATUM SHEET OF 06LAKESHORE DRIVE CONCEPT DRAWING NO.STATION DESCRIPTION ELEV.DESIGN DATE DESIGN ENGINEER PLAN DESIGN INFORMATION PLAN REVISIONS DESCRIPTION DATE BY CITY OF OSHKOSH, WISCONSIN JAMES RABE, DIRECTOR OF PUBLIC WORKS SCALE IN FEET:0 20 40 SURVEYOR PROPOSED CLEARWELL PROPOSED PUMP HOUSE BUILDING PROPOSED CLEARWELL EXISTING LAKE ACCESS TO REMAIN 16 PARKING STALLS (INCLUDING 1 HANDICAP STALL) ONE-WAY ACCESS ROAD TREE REMOVAL REQUIRED (TYP.) 24' 24 ' 9 ' 18.5' EXISTING RIGHT- OF-WAY LINE 04 ROAD OUTSIDE OF R.O.W. W/ PARKING ON THE EAST SIDE ALTERNATIVE #1LAKE SHORE DRIVE (SOUTH) JWF JULY 2023 BENCH MARKS - USGS NAVD 88 DATUM SHEET OF 06LAKESHORE DRIVE CONCEPT DRAWING NO.STATION DESCRIPTION ELEV.DESIGN DATE DESIGN ENGINEER PLAN DESIGN INFORMATION PLAN REVISIONS DESCRIPTION DATE BY CITY OF OSHKOSH, WISCONSIN JAMES RABE, DIRECTOR OF PUBLIC WORKS SCALE IN FEET:0 20 40 SURVEYOR PROPOSED CLEARWELL PROPOSED PUMP HOUSE BUILDING PROPOSED CLEARWELL EXISTING LAKE ACCESS TO REMAIN ONE-WAY ACCESS ROAD TREE REMOVAL REQUIRED (TYP.) 20' 20 ' EXISTING RIGHT- OF-WAY LINE 04A ROAD OUTSIDE OF R.O.W. W/ NO PARKING ALTERNATIVE #1ALAKE SHORE DRIVE (SOUTH) JWF AUGUST 2023 BENCH MARKS - USGS NAVD 88 DATUM SHEET OF 06LAKESHORE DRIVE CONCEPT DRAWING NO.STATION DESCRIPTION ELEV.DESIGN DATE DESIGN ENGINEER PLAN DESIGN INFORMATION PLAN REVISIONS DESCRIPTION DATE BY CITY OF OSHKOSH, WISCONSIN JAMES RABE, DIRECTOR OF PUBLIC WORKS SCALE IN FEET:0 20 40 SURVEYOR SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :September 26, 2023 Fut ur e A ge nd a I t emsFuture A ge nd a I t em s A. Red Earth Project on Lake Butte des Morts Drive Update SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :September 26, 2023 Fut ur e Work s hop sFuture Wor k s ho p s A. 2024 Budget Workshops, October 30 & 31, 2023 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Rohloff, City Manager D A TE :D A T E :September 26, 2023 SUB JEC T:SUB JEC T :Outstanding Issues A t t a chment sAttachments Outstanding Issues 09.26.23 City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options Staff is conducting additional research following the 8/29/2023 Council workshop.10/10/2023 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.10/10/2023 1/10/2023 DPW/Legal Sanitary District Negotiations Staff is briefing Council on status in closed session and recommending non-contractual rates until new agreements are reached. 9/26/2023 9/26/2023 Council Meeting Common Council Meeting Speaker Registration Speaker Registration by Date Range Full Name Home Address City/State Company Agenda Item # (s): Statement at Beginning Statement at End Handouts Entry Date/Time Bill Wyman 1373 Waugoo Ave Oshkosh The Waters 36 9/25/2023 5:43:00 PM Bill Wyman 1373 Waugoo Ave Oshkosh The Waters 36 9/25/2023 5:43:00 PM Kirsten Buckstaff 1212 Washington Ave. Oshkosh Ad Hoc Comm. Clearwells/Aesthetic Features 36 9/26/2023 9:11:00 AM Chris Anderson 2708 Harrison st, Otter St. Fishing club 36 9/26/2023 6:17:00 PM