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HomeMy WebLinkAbout10.10.23 FULL AGENDA OSH KO SH C OMMO N C O UN C I L A GEN DA C O UN C IL C H A MB ER S, C ITY H ALL OSH KO SH , W I SC ON SI N O cto be r 10, 2023 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 wr itten corr espondence to the Council, mail it to the City Manager , place it in the City Hall Dropbox, or email it to council@ci.oshkosh.wi.us, (prior to the Council meeting). A.CALL TO ORDER: 6:00 PM B.ROLL CALL C.INVOCATION - VOTING FIRST: Council Member Haase D.PLEDGE OF ALLEGIANCE: Valley Christian School E.PROCLAMATION White Cane Awareness Day, October 15, 2023 F.PRESENTATION 1.TIF Presentation from Zio Pekovic of the Best Western Oshkosh Hotel G.PUBLIC HEARING / NEW ORDINANCE (NOTE: Items designated with an asterisk * will not be voted on) 2.*Ord 23-510 Approve Comprehensive Land Use Plan Amendment from Interstate Commercial to Community Facility for Property Located at 425 North Washburn Street (Plan Commission Tie Vote 4-4) H.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. I.CONSENT AGENDA ITEMS (Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 3.Report of Bills by Finance Director 4.Receipt & Filing of Meeting Minutes - Common Council 9.26.23 5.Receipt & Filing of Minutes - Library Board 8.31.23 6.Receipt & Filing of Claim Filed with the City's Insurance Company: Ewing 7.Res 23-511 Approve Change Order No. 2 (Final) for Public Works Contract No. 22-05 East Lincoln Avenue and Rosalia Street Reconstruction / Carl Bowers & Sons Construction Co., Inc. (-$184,928.44) 8.Res 23-512 Approve Specific Implementation Plan Amendment for Façade and Patio Modifications Located at 1 North Main Street 9.Res 23-513 Approve 2023 Great Neighborhoods Capital Improvement Programs Funding in the Amount of $138,000 10.Res 23-514 Authorize 2024 Grant Application - Wisconsin Department of Natural Resources Urban Forestry Grant 11.Res 23-515 Approve Special Event - Skogens Festival Foods to Utilize City Streets for the Festival Foods Turkey Trot, November 23, 2023 12.Res 23-516 Approve Special Event - Cabela's Master's Walleye Circuit (MWC) to Utilize Menominee Park, Millers Bay, Gazebo Area, and Cruiser Docks for the Cabela's MWC Fishing Tournament, May 31 through June 1, 2024 13.Res 23-517 Approve Block Party - Dan Braun to Utilize Dale Avenue to Hold a Neighborhood Block Party, October 28, 2023 14.Res 23-518 Approve Block Party - Tina Fillmore to Utilize Fox Tail Lane to Hold a Neighborhood Block Party, October 15, 2023 15.Res 23-519 Approve Agent Change - Corner Bar & Grill 16.Res 23-520 Approve Appointments to Various Boards and Commissions J.ITEMS REMOVED FROM CONSENT AGENDA K.PENDING ORDINANCE 17.Ord 23-521 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) 18.Ord 23-522 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 19.Ord 23-523 Amend Parking Regulations on North Side of Ripple Avenue from Oregon Street to Western Terminus (Transportation Committee Recommends Approval) 20.Ord 23-524 Amend Parking Regulations on the West Side of Brown Street from Algoma Blvd to High Ave (Transportation Committee Recommends Approval) 21.Ord 23-525 Amend Parking Regulations on Union Avenue at Algoma Boulevard (Transportation Committee Recommends Approval) 22.Ord 23-526 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 ORDINANCES, CONTINUED (NOTE: Items designated with an asterisk * will not be voted on) 23.*Ord 23-527 Repeal Provisions in Chapter 8 of the City Municipal Code Requiring a Junk Dealer License and Amend Provisions Pertaining to Direct Sellers and Solicitors to Include Junk and Scrap Collectors M.NEW RESOLUTIONS 24.Res 23-528 Approve Combination "Class B" Beer/Liquor License - Chili's Grill & Bar 25.Res 23-529 Approve Combination "Class B" Beer/Liquor License - Clubhouse 26.Res 23-530 Approve Amendment No. 3 to Professional Services Agreement with University of Wisconsin-Milwaukee for Archaeological Investigations for Pratt Trail Reconstruction ($169,782) 27.Res 23-531 Approval of Acquisition of Industrial Park Land ($995,000) N.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 28.Future Workshops A. 2024 Budget Workshops, October 30 & 31, 2023, 8:00 AM - 4:30 PM O.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS P.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 29.Professional Services Agreement with Facility Engineering Inc. (FEI) for A/E Services for Waldwic Gallery Build-Out for Oshkosh Public Museum ($35,655.00) 30.Amendment No. 1 to Professional Services Agreement with Donohue and Associates, Inc. for Wastewater Treatment Plant Digester and Headworks Roofs Replacement ($5,560) 31.Halloween Trick-or-Treat Hours: October 31st, 5:00 PM - 7:00 PM 32.Outstanding Issues Q.CLOSED SESSION (Room 404, City Hall): The Common Council may convene into Closed Session to discuss bargaining options, strategy, parameters, and terms related to the negotiation of a development agreement with Red Earth, LLC for project on Lake Butte des Morts Drive pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes where competitive bargaining reasons require a closed session. R.ADJOURN 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 :October 10, 2023 SUB JEC T:SUB JEC T :TIF Presentation from Zio Pekovic of the Best Western Oshkosh Hotel TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Lyons, Planning Services Manager D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T : *Ord 23-510 Approve Comprehensive Land Use Plan Amendment from Interstate Commercial to Community Facility for Property Located at 425 North Washburn Street (Plan Commission Tie Vote 4-4) B A C KGRO UN DBACKGROUND The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject area is designated for Interstate Commercial land use; the applicant is requesting a change to a Community Facility land use designation. The petitioner is requesting a comprehensive land use map amendment of an existing 10.26-acre commercial property located along North Washburn Street. The site includes a 24,360 sq. ft. office building and associated parking area that was originally used as a car dealership and was most recently used as an office facility for Oshkosh Corporation. The applicant has requested to use the site for an indoor institutional use (church). The proposed use is not consistent with the Comprehensive Plan and is not permitted in the SMU district. The lot will require a comprehensive land use map amendment and zone change to allow the proposed use. The surrounding area consists of primarily of commercial uses to the north and south along North Washburn Street, residential and open space use to the west, and Interstate 41 to the east. A N A L Y SI SANALYSIS In October 2018, the City adopted the Comprehensive Plan Update 2040, an update to the previous plan from 2005. Part of the update entailed refining the 20-Year Recommended Land Use Map. Future land use maps are intended to be used as a general reference tool for determining appropriate future land use and growth patterns. When creating the maps, recommended uses were determined on a broader scale rather than a parcel-by-parcel basis. Staff realizes that sections of the Comprehensive Plan, including mapping portions, may need to be updated or revised periodically to accommodate logical requests/changes in future land use. The petitioner approached the City about utilizing the existing building on the subject site for a church. The proposal was brought to a Plan Commission workshop on June 20, 2023. Plan Commission was generally supportive of the proposal. Staff has concerns that amending the future land use designation of the subject property to Community Facility would disrupt the cohesiveness of the commercial frontage along North Washburn Street. Staff believes that the existing Interstate Commercial land use designation continues to be the highest and best land use designation due to the site location within the City of Oshkosh's I-41 commercial corridor and would be inconsistent with the surrounding development. The City of Oshkosh Comprehensive Plan establishes goals and actions. Goal LU3 states, "encourage compatible land use development" and LU3.1 states, "promote land use decisions that do not conflict with adjoining properties." The proposed amendment would conflict with these goals and objectives. Staff evaluated other institutional land uses along I-41 in neighboring communities. Staff found the institutional land uses in Neenah and Grand Chute were not within the primary established commercial area, but rather were located in areas of less intense development and surrounded by other institutional uses and residential land uses. 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 September 5, 2023 Plan Commission meeting involved significant discussion related to the proposed Comprehensive Plan amendment. During the hearing, several individuals spoke in favor of the request. Plan Commission members discussed issues related to adjoining zoning, intensity of land uses, comprehensive planning processes, and how the end use would fit within the area. The attached minutes provide further information related to their discussion. Due to the tie vote, the Plan Commission did not make finding regarding the amendment. Common Council will need to determine finding during their deliberation. The Statutes and Ordinances allow the Council to consider all relevant information. Some considerations related to Comprehensive Plan Amendments may include: The amendment will correct an error in the existing Comprehensive Plan The proposed amendment is generally consistent with the vision, goals, objectives and policies contained in the Comprehensive Plan or there has been a change in community characteristics or actions that justify a change The proposed amendment will not be detrimental to property in the immediate vicinity or to the community as a whole The proposed amendment will not have a significant adverse impact on the ability to provide adequate public facilities or services or will improve public facilities and services for a portion of or the community as a whole REC O M M E N D A TI ONRECOMMENDATION The Plan Commission vote tied 4-4 and comes to Common Council without a recommendation. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Ord 23-510 425 North Washburn Street 10/10/2023 23-510 ORDINANCE   FIRST READING                                 PURPOSE: APPROVE COMPREHENSIVE LAND USE PLAN AMENDMENT FROM INTERSTATE COMMERCIAL TO COMMUNITY FACILITY FOR PROPERTY LOCATED AT 425 NORTH WASHBURN STREET INITIATED BY : RIVER VALLEY CHURCH INC.   PLAN COMMISSION RECOMMENDATION:  No Recommendation (Vote tied 4-4) AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF OSHKOSH, WISCONSIN The Common Council of the City of Oshkosh does ordain as follows:     SECTION 1. River Valley Church, Inc., Petitioner, requests an amendment to the Comprehensive Land Use Plan maps changing the land use designation of property located at 425 North Washburn Street from Interstate Commercial to Community Facility.     SECTION 2. The Plan Commission made no recommendation of said amendment.      SECTION 3. The City has held a public hearing on this Ordinance, in compliance with the requirements of Section 66.1001(4)(d), Wisconsin Statutes.      SECTION 4.    The Common Council of the City of Oshkosh that an amendment to the Comprehensive Land Use Plan Amendment from Interstate Commercial to Community Facility for Property Located at 425 North Washburn Street is hereby approved, with the following finding:             1.       SECTION 5.    This Ordinance shall take effect upon passage by a majority vote of the members elect of the Common Council and publication as required by law.           SECTION 6.    Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-XXX APPROVE COMPREHENSIVE LAND USE PLAN AMENDMENT FROM INTERSTATE COMMERCIAL TO COMMUNITY FACILITY FOR PROPERTY LOCATED AT 425 NORTH WASHBURN STREET on October 24, 2023. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.   ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FROM INTERSTATE COMMERCIAL TO COMMUNITY FACILITY FOR PROPERTY LOCATED AT 425 N WASHBURN STREET Plan Commission Meeting of September 5, 2023 GENERAL INFORMATION Owner: 425 N Washburn LLC Applicant: River Valley Church Inc. Actions Requested: The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject area is designated for Interstate Commercial land use; the applicant is requesting a change to a Community Facility land use designation. Property Location and Background Information: The petitioner is requesting a comprehensive land use map amendment of an existing 10.26-acre commercial property located along North Washburn Street. The site includes a 24,360 sq. ft. office building and associated parking area that was originally used as a car dealership and was most recently used as an office facility for Oshkosh Corporation. The applicant has requested to use the site for an indoor institutional use (church). The proposed use is not consistent with the Comprehensive Plan and is not permitted in the SMU district. The lot will require a comprehensive land use map amendment and zone change to allow the proposed use. The surrounding area consists of primarily of commercial uses along to the north and south along North Washburn Street, residential and open space use to the west, and Highway 41 to the east. Subject Site Existing Land Use Zoning Commercial SMU-PD Adjacent Land Use and Zoning Existing Uses Zoning North Commercial & Industrial SMU South Commercial SMU-PD East Highway 41 Highway 41 West Residential SR-3 Recognized Neighborhood Organizations None Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Interstate Commercial ANALYSIS – COMPREHENSIVE LAND USE MAP AMENDMENT In October of 2018, the City adopted the Comprehensive Plan Update 2040, an update to the previous plan from 2005. Part of the update entailed refining the 20-Year Recommended Land Use Map. The map is a representation of future land uses within the City and in the extraterritorial three-mile buffer. Future land use maps are intended Subject Site to be used as a general reference tool for determining appropriate future land use and growth patterns. When creating the maps, recommended uses were determined on a broader scale rather than a parcel-by-parcel basis. Staff realizes that sections of the Comprehensive Plan, including mapping portions, need to be updated or revised periodically to accommodate logical requests/changes in future land use. The petitioner approached the City about utilizing the existing building on the subject site for a church. The proposal was brought to a Plan Commission workshop on June 20, 2023. Plan Commission was generally supportive of the proposal. Staff has concerns that amending the future land use designation of the subject property to Community Facility would disrupt the cohesiveness of the commercial frontage along North Washburn Street. Staff believes that the existing Interstate Commercial land use designation continues to be the highest and best land use designation due to the site location within the City of Oshkosh’s I-41 commercial corridor and would be inconsistent with the surrounding development. The City of Oshkosh Comprehensive Plan establishes goals and actions. Goal LU3 states, encourage compatible land use development and LU3.1 states, promote land use decisions that do not conflict with adjoining properties. The proposed amendment would conflict with these goals and objectives. Staff evaluated other institutional land uses along I-41 in neighboring communities. Staff found the institutional land uses in Neenah and Grand Chute were not within the primary established commercial area, but rather were located in areas of less intense development and surrounded by other institutional uses and residential land uses. RECOMMENDATION Comprehensive Land Use Map Amendment: Staff recommends denial of the requested land use map amendment from Interstate Commercial to Community Facility for property located at 425 North Washburn Street with findings that the proposed amendment is not consistent with the goals and objectives of the Comprehensive Plan and is not consistent with the surrounding area. The Plan Commission vote tied 4-4 and comes to Common Council without a recommendation regarding a Comprehensive Land Use Plan Map Amendment from Interstate Commercial to Community Facility for property located at 425 N Washburn Street. Site Inspections Report: Ms. Scheuermann, Ms. Davey, Ms. Propp, Mr. Bowen, Mr. Loewenstein, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject area is designated for Interstate Commercial land use; the applicant is requesting a change to a Community Facility land use designation. 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 a 10.26-acre commercial property located along North Washburn Street. The site includes a 24,360 square foot office building and associated parking area that was originally used as a car dealership and was most recently used as an office facility for Oshkosh Corporation. The surrounding area consists primarily of commercial uses along to the north and south along North Washburn Street, residential and open space use to the west, and Highway 41 to the east. The applicant is requesting to use the site as a church. That use would require a Comprehensive Plan Amendment from the existing Interstate Commercial designation to Community Facility. It would also require a rezone to Institutional District. The proposal was brought to a Plan Commission workshop on June 20, 2023. Plan Commission was generally supportive of the proposal. Staff has concerns that amending the future land use designation of the subject property to Community Facility would disrupt the cohesiveness of the commercial frontage along North Washburn Street. Staff believes that the existing Interstate Commercial land use designation continues to be the highest and best land use designation due to the site location within the City of Oshkosh’s I-41 commercial corridor and would be inconsistent with the surrounding development. The City of Oshkosh Comprehensive Plan establishes goals and actions. Goal LU3 states, encourage compatible land use development and LU3.1 states, promote land use decisions that do not conflict with adjoining properties. The proposed amendment would conflict with these goals and objectives. Staff evaluated other institutional land uses along I-41 in neighboring communities. Staff found the institutional land uses in Neenah and Grand Chute were not within the primary established commercial area, but rather were located in areas of less intense development and surrounded by other institutional uses and residential land uses. Staff recommends denial of the requested land use map amendment from Interstate Commercial to Community Facility for property located at 425 North Washburn Street with findings that the proposed amendment is not consistent with the goals and objectives of the Comprehensive Plan and is not consistent with the surrounding area. Mr. Perry opened up technical questions to staff. Ms. Propp did not recall that City staff was strongly recommending denial during the workshop. Mr. Lyons stated they did raise concerns at the workshop. City staff does not give a recommendation, they just lay out what the applicant is proposing during a workshop setting. City staff’s role is to evaluate any proposal against our ordinances and best practices from a planning standpoint once an application is filed. Staff took a look at the City’s Comp Plan, the primary planning principles, and ethically had to recommend denial. Mr. Perry asked if there was anything that adjoined this that would be the same zoning or close to it. Mr. Lyons stated there is no institutional zoning in this area. There is Suburban Mixed Use (SMU) up and down the 41 corridor both on the east and west sides. Single family residential with a mix of DR-6 and SR-3 to the west of it. Mr. Perry stated in surrounding communities there are a couple examples of this type of building on the interstate but when he went to look at one, he could see there were other institutional use surrounding it, near it, or touching it. Mr. Lyons said they reference it in the staff report. Staff took a closer look at similar situations of institutional land uses in Neenah and Grand Chute. In Neenah there are institutional land uses, with a cemetery in the area, as well as some single family residential. It is not right in the middle of their commercial corridor. Further north, in Grand Chute, as you go along that curve in the 41 corridor you have that very large institutional use. It is surrounded by single and multifamily residential. It is not in the middle of the commercial block. Ms. Davey inquired what the grey section, on the parcel above the subject, represented. Mr. Slusarek stated there are storage units there; industrial use. Mr. Perry asked if the owner/applicant wanted to make any statements. Caleb Ihrig, 3550 Bambi Lane, sits on the board at River Valley Church. He was at the informal workshop in June. River Valley Church’s current location is on High Avenue across from the Oshkosh Museum. It is a 1.5-acre lot with less than 100 parking spots. Currently Sunday attendance is about 700-725. Over the last number of years, they have torn down their parsonage, expanded the parking lot, and added a third service. They are starting to max out the third service, having to turn people away, which they never want to have to do. They have been looking for a suitable location for a number of years. Renovating an existing building is two to three times cheaper than new construction. They have been looking at repurposing a commercial property due to the building size and parking requirements they would need. This is the first property they have found that poses as a real possibility. Land use maps have never and will never account for churches. Churches have to fit where they can and where they are able. He believes this is a logical request to the future land use. In Section 30-50 of the City code the definition of institutional zoning districts intent: This district is intended to permit both large- and small-scale institutional development including those on single sites within larger areas of both residential and non-residential zoning districts. There is no requirement to have institutional neighbors. If that was the case churches would be extremely limited to where they could be located. There used to be a church on North Washburn Street in Oshkosh which is now the super Walmart. We have precedent to have a church on North Washburn. Father Carrs across the highway shows on the future land use map as being institutional, which is also on the 41 corridor. He understands City staff’s desire to pursue the best and highest use. He could make the argument that he does not think Shopko and Kmart being converted to storage units was the best and highest use, but that is technically commercial use. They would be willing to pursue a conditional use on this property but code does not allow indoor institutional as a conditional use on something that is zoned Suburban Mixed Use (SMU). Mr. Perry asked for any public comments. Steve Harris, 365 Westbrook Drive, lives in the residential area to the west of the subject property. He is in support of the proposal and believes it will enhance the community and breathe new life into an existing vacant building. Using the space for a new church instead of something like storage facilities would put to better use our limited resources and add value to our neighborhood. The church supports many people including those less fortunate. Their influence extends positively throughout the community. The proposal may help the west side of the 41cooridor by attracting 600-800 people every Sunday morning, potentially boosting local businesses. We would gain a peaceful and environment free from the noise and disruption of power tools or heavy machinery associated with industrial spaces. He hopes you consider the proposal favorably. He pointed out an area north of this site which has been sitting empty for ten plus years, which has a stream running through it. Erik Gialdella, 1642 River Mill Road, is the owner of Rev’s Bowl Bar and Grill located at 275 North Washburn. Rev’s has been there going on nine years. He is in support of the proposal. He believes River Valley Church would be an amazing tenant for the property, knowing their foothold in the community, and what they do. Seeing the back part of the property for many years he knows it has not been maintained very well. He believes River Valley would have a beautiful looking facility and property that would raise the stacks over there quite a bit from what they see now. He has been traveling recently. At the intersection of Highway 32 and 43 over by Sheboygan, there is a huge church that has gone up and a very strong commercial market. In De Pere where there has been a lot of commercial improvements happening just after the Sheuring Road exit, heading north, there is also a large church right there. He thinks it can be done and it can be a benefit for the community in those areas. We see it is happening in those communities. It would bring a lot of value, respect, and appreciation to our City in that location. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Caleb Ihrig stated in Grand Chute it was Life Church which moved into what used to be a Dick’s Sporting Goods, repurposing a large commercial property with existing parking. Oshkosh Corp was previously in the building at 425 North Washburn, for the last thirteen years as corporate offices. They reevaluated their office needs and pulled out of this and many other buildings. People are not lining up for large office spaces. The best and highest use based off a recent appraisal is industrial, so a machine shop or something like that. Their plan is to do mostly interior renovations. They are not looking to do major additions or significant exterior modifications to expand the parking or anything like that. They just want to reconfigure the interior. They have been in Oshkosh for just over 70 years and their hope is this facility would provide them with a home for the next 70 Mr. Lyons noted that if Plan Commission was inclined to recommend approval, it would be necessary to make specific findings to go along with. Motion by Bowen to recommend approval of the Comprehensive Plan Amendment from Interstate Commercial to Community Facility. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Mr. Esslinger stated he would be voting present on this issue. He thinks there are more people for a Council Member to speak to after this meeting, and he wants more time for that. Mr. Perry stated that whatever action Plan Commission takes this will be going before Council as a recommendation. Ms. Scheuermann was wondering what Father Carrs zoning is, and if it would be rezoned institutional. Mr. Lyons stated it is zoned Suburban Mixed Use (SMU). There is no intention to rezone. Ms. Scheuermann wanted to know what the area to the north is zoned that Mr. Harris referenced. Mr. Lyons stated it is zoned Suburban Mixed Use (SMU). It has been on the market for a number of years. It is the old Kienast property, and has been marketed for commercial sale. It has some challenges with wetlands and floodplain. It is zoned commercial. Ms. Scheuermann asked where institutional falls within the different layers, like heavy industrial, commercial, light use, etc. Mr. Lyons stated institutional land uses do not necessarily fall in what you would typically think of in that pyramid of intensity of use. Institutional land uses cover a very broad range of things that can take place on a property, and have very different perspectives on intensity. There is a huge variety of institutional land uses, such as schools, warming shelters, and religious uses. Mr. Bowen asked if churches are allowed anywhere other than in institutional land use. Mr. Lyons stated indoor institutional is a conditional use permit. It is only allowed from rural holdings (least intense zoning district) through all of the single-family & multi-family residential districts, institutional, and in neighborhood mixed use (NMU) which is the lowest commercial district. It is not in any of the districts above NMU. Mr. Loewenstein asked when the City does long term planning, do they plan for churches. Mr. Lyons stated it is hard to predict, so the City has to take proposed church sites on a case-by-case basis. The City has to look at the proposed use and the surrounding area to see if it is compatible. Ms. Davey stated she is inclined to support the proposal. She thinks it is a logical use, and a very sustainable use for that area. The applicant does do not have to build anything new, nothing has to be torn down, and it will not look any different. Ms. Propp agreed with Ms. Davey, but she also understood City staff wanting to maintain the Comp Plan. Mr. Lyons stated these are unique land uses and that is why they go through Plan Commission and Common Council. Staff has to look at the big picture and the City as a whole. We are not making another Interstate 41 Corridor, we have one. It is our primary commercial corridor. When possible, we would like to keep that intact for commercial. It is up to Plan Commission and Common Council to evaluate these specific requests to determine if they want to deviate and change that. Mr. Loewenstein was wondering if they would be setting a precedent if they were to approved this. Practically, making this a church is a great use for the abandoned building that does not have a clear use right now. In the long term, we have to look at what we want the highway 41 corridor to be. Mr. Lyons stated it is important for Plan Commission and Council to articulate findings and reasons why if they are to support this. Then when future decisions need to be made for other proposals, we can look back upon this. Mr. Bowen stated at this location there is a very accessible arterial street, Washburn. It can carry a lot of traffic in and out. When the traffic is concentrated it does not necessarily back up. There is an existing parking field that can accommodate a tremendous amount if vehicles. There is the ability to function in a way that does not become an infringement upon the properties around it. We cannot forecast every location that a church or other religious facility is going to have. We can make a distinction and say these are the characteristics of that use, of the church use. If Plan Commission is going to approve this, he thinks the findings would be the specific physical characteristics of this particular property support this as a use in the way that others might not. We can rely on that in the future to guide decision making when looking at other institutional zones. In his opinion Washburn Street is a secondary commercial corridor compared to Koeller Street. Mr. Perry mentioned precedent setting and Shopko. Motion tied 4-4. COMP PLAN AMENDMENT 425 N. WASHBURN ST. PC: 9-5-2023 HOA SAWYER CREEK SUBDIV PO BOX 3955 OSHKOSH WI 54903 REAL ESTATE MATCH LLC 2330 LADYBIRD DR NEENAH WI 54956 425 N WASHBURN LLC PO BOX 161 ALMA WI 54610 BERGSTROM CHEVROLET CADILLAC OF OSHKOSH 150 N GREEN BAY RD NEENAH WI 54956 CREEK VIEW PLAZA II LLC PO BOX 161 ALMA WI 54610 CLAYTON G/THOMAS G/KIM M VERSTEGEN 1364 COUNTY ROAD I OSHKOSH WI 54902 APRIL SPIELBAUER 370 WESTBROOK DR OSHKOSH WI 54904 PETER J FAUST 1229 NATURE TRAIL DR NEENAH WI 54956 525 N WASHBURN LLC PO BOX 161 ALMA WI 54610 L I N WAY C T WESTBROOK DR N W A S HBURN S T !"#$41 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 = 220 ft 1 in = 0.04 mi¯425 N WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer WW EESSTTPPOOIINNTTEE DDRR MONTICELLO MONTICELLO DR DR LL IINN WW AA YYCCTT L I N WAY C TLINWAY C T SULLIVAN ST LOMBARD AV TAFT AVPATRIOT LA ROBIN AV L A K E S I D E C T FALL CREEK LA SOUTHLAND AV SKYVIEW AVLAK E P O I N T E D R WIN DIN GBROOK DR WESTB R O O K D R ASPIRE LA WITZEL AVWITZELAVWITZEL AV W I T Z E L AV N KOELLER ST N W A S H B U R N S T N WASHBURN ST !"#$41 !"#$41 DR-6DR-6 DR-6 DR-6-PD DR-6-PD I I I-PD MR-12 MR-12 MR-12-PD MR-12-PD MR-20 NMU-PD SMU SMU SMU SMU-PD SMU-PD SMU-PDSMU-PD SR-3 SR-5 SR-5 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 = 500 ft 1 in = 0.09 mi¯425 N WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer L I N WAY C T WESTBROOK DR N W A S HBURN S T !"#$41 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 = 220 ft 1 in = 0.04 mi¯425 N WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer 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 :October 10, 2023 SUB JEC T:SUB JEC T :Report of Bills by 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 $17,337,055.61. Bills paid on September 22 and September $1,700,559.35 Payroll paid September 29, 2023 $1,201,672.34 Regular cycle payables paid throughout the month of August $13,725,345.55 Regular UMR payables paid throughout the month of August $709,478.37 A t t a chment sAttachments 09292023 Checkrun 09222023 Checkrun 2023 Aug Voucher CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 8270 09/29/2023 ADVANTAGE POLICE SUPPLY INC 22,763.60 8271 09/29/2023 AIRGAS USA LLC 3,360.30 8272 09/29/2023 ANTHONY L NEUMANN 484.44 8273 09/29/2023 AQUATIC INFORMATICS INC 1,705.76 8274 09/29/2023 AURORA HEALTH CARE 1,937.00 8275 09/29/2023 BROOKS TRACTOR INC 7,162.06 8276 09/29/2023 CAREW CONCRETE & SUPPLY CO INC 3,935.92 8277 09/29/2023 CARRICO AQUATIC RESOURCES INC 882.66 8278 09/29/2023 CHEMTRADE CHEMICALS US LLC 8,065.54 8279 09/29/2023 CINTAS CORPORATION NO 2 550.62 8280 09/29/2023 COMMUNICATIONS ENGINEERING CO 1,895.00 8281 09/29/2023 CONSTELLATION ENERGY SERVICES 593.30 8282 09/29/2023 CORE AND MAIN LP 52,113.07 8283 09/29/2023 ENVISIONINK PRINTING SOLUTIONS INC 4,385.32 8284 09/29/2023 GARROW OIL CORP 23,655.78 8285 09/29/2023 GFL ENVIRONMENTAL 1,119.19 8286 09/29/2023 HOLIDAY WHOLESALE 247.66 8287 09/29/2023 JOSEPH M STANDIFORD 85.81 8288 09/29/2023 LEE BEVERAGE 372.45 8289 09/29/2023 MCNEILUS FINANCIAL INC 4,681.10 8290 09/29/2023 MICHELS ROAD AND STONE, INC 493.00 8291 09/29/2023 NORTHEAST ASPHALT INC 1,110.30 8292 09/29/2023 NORTHERN LAKE SERVICE INC 236.06 8293 09/29/2023 PREMISE HEALTH SYSTEMS INC 3,036.96 8294 09/29/2023 REINDERS INC 765.90 8295 09/29/2023 SPEEDY CLEAN DRAIN & SEWER 945.00 8296 09/29/2023 SOMMERVILLE-WILSON INC 5,560.00 8297 09/29/2023 TAPCO INC 23,296.85 8298 09/29/2023 THE CHARLES MACHINE WORKS INC 11,857.80 8299 09/29/2023 TYLER TECHNOLOGIES INC 24,309.36 8300 09/29/2023 VANGUARD COMPUTERS INC 126.00 8301 09/29/2023 WI PUBLIC SERVICE CORP 7,306.82 8302 09/29/2023 WINNEBAGO COUNTY TREASURER 8,148.98 8303 09/29/2023 AUGUST WINTER & SONS INC 5,503.50 8304 09/29/2023 WOOD SEWER & EXCAVATING INC 140,381.95 504604 09/29/2023 ACCURATE SUSPENSION WAREHOUSE 1,180.52 504605 09/29/2023 ALEXANDER CHEMICAL CORPORATION 27,260.00 504606 09/29/2023 ANDREW ORENDORFF 5,000.00 504607 09/29/2023 ARTAG SHORE VIEW PROPERTIES LLC 118.12 504608 09/29/2023 ASPEN DENTAL 2,258.00 504609 09/29/2023 BERGSTROM FORD OF OSHKOSH 4,927.12 504610 09/29/2023 BLUE FROG PROPERTY MANAGEMENT LLC 71.25 504611 09/29/2023 CASEY KOELBL 19.57 504612 09/29/2023 CHET WESENBERG ARCHITECT LLC 44.66 504613 09/29/2023 D AND K RENTALS 120.00 504614 09/29/2023 DESTINY SOFTWARE INC 6,656.00 504615 09/29/2023 DOA-DIV OF ENERGY HOUSING & COMM RES 456.01 504616 09/29/2023 EHLERS 9,050.00 504617 09/29/2023 EVOLUTION TRAINING 10.89 504618 09/29/2023 GALLS LLC 727.29 504619 09/29/2023 JEFF GRAY 133.10 504620 09/29/2023 MARTIN GRUBERG 71.99 504621 09/29/2023 HASTINGS AIR ENERGY CONTRL INC 1,798.00 504622 09/29/2023 HEARTLAND BUSINESS SYSTEMS 41,731.55 504623 09/29/2023 HENRY SCHEIN INC 20.20 504624 09/29/2023 EMILY M HOCH 72.55 504625 09/29/2023 IAN JACOB SEAHOLM 25.00 504626 09/29/2023 INNER SUN YOGA STUDIO LLC 50.00 504627 09/29/2023 JAMBALAYA ARTS INC 500.00 504628 09/29/2023 JAMES RICHTER 100.87 504629 09/29/2023 JESSE BARRETTE 16.00 504630 09/29/2023 JOHN ZARATE 29.48 504631 09/29/2023 JOSEPH RAINS 111.35 504632 09/29/2023 K&P DEVELOPMENT LLC 3,564.75 504633 09/29/2023 LAURIE LAATSCH 292.79 504634 09/29/2023 KJERSTA LIND 77.01 504635 09/29/2023 MARES & MARONE LLP 145.05 504636 09/29/2023 MARTIN CONTRACTING LLC 10,000.00 504637 09/29/2023 NATIONAL TESTING NETWORK, INC 750.00 504638 09/29/2023 NORTHEAST WI TECHNICAL COLLEGE 735.00 504639 09/29/2023 NORTHERN MANAGEMENT LLC 167.90 504640 09/29/2023 NEW YORK NAIL BAR LLC 4,993.59 504641 09/29/2023 STATE OF WI DEPT OF TRANSPORTATION 89.94 504642 09/29/2023 WINNEBAGO COUNTY TREASURER 9,209.12 504643 09/29/2023 OSHKOSH AREA HUMANE SOCIETY 384.00 504644 09/29/2023 OSHKOSH BUSINESS CENTER III LLC 106.58 504645 09/29/2023 CITY OF OSHKOSH 429.00 504646 09/29/2023 OSHKOSH SAFETY COUNCIL 150.00 504647 09/29/2023 MIDWEST EQUIPMENT MANUFACTURING INC 626.19 504648 09/29/2023 RED D MIX CONCRETE INC 2,103.44 504649 09/29/2023 SARAH DANAHY 455.00 504650 09/29/2023 SHARON L TIPTON 50.00 504651 09/29/2023 STAR PROPERTIES OF OSHKOSH LLC 106.58 504652 09/29/2023 STERICYCLE INC 168.02 504653 09/29/2023 STEVEN J SCHAUZ 76.63 504654 09/29/2023 TITAN PROPERTY MANAGEMENT LLC 48.24 504655 09/29/2023 TRUGREEN PROCESSING CENTER 48.32 504656 09/29/2023 UNITED PARCEL SERVICE 150.66 504657 09/29/2023 WESTWOOD PROFESSIONAL SERVICES INC 10,985.00 504658 09/29/2023 WHIMBUBBLE STUDIO 450.00 504659 09/29/2023 WINNEBAGO COUNTY TREASURER 12,443.07 534,440.46 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 8207 09/22/2023 ADVANCED ASBESTOS REMOVAL INC 6,150.00 8208 09/22/2023 AECOM INC 5,373.75 8209 09/22/2023 AIRGAS USA LLC 3,292.76 8210 09/22/2023 AURORA HEALTH CARE 218.00 8211 09/22/2023 BADGER LAB & ENGINEERNG CO INC 9,568.90 8212 09/22/2023 BEZIO ANIMAL CONTROL 500.00 8213 09/22/2023 CAREW CONCRETE & SUPPLY CO INC 5,457.50 8214 09/22/2023 CHEMTRADE CHEMICALS US LLC 4,033.83 8215 09/22/2023 CINTAS CORPORATION NO 2 436.01 8216 09/22/2023 COMMUNICATIONS ENGINEERING CO 512.00 8217 09/22/2023 CONSTELLATION ENERGY SERVICES 404.28 8218 09/22/2023 CORE AND MAIN LP 66,960.00 8219 09/22/2023 DALE MARTIN 345.00 8220 09/22/2023 EMMONS BUSINESS INTERIORS 444.00 8221 09/22/2023 ENVIRONMENTAL MANAGEMENT AND TESTING SERVICES LLC 500.00 8222 09/22/2023 ENVIRONMENTAL MANAGEMENT AND TESTING SERVICES 2,475.00 8223 09/22/2023 EVOQUA WATER TECHNOLOGIES LLC 10,389.77 8224 09/22/2023 EWALDS HARTFORD FORD LLC 75,498.00 8225 09/22/2023 FERGUSON WATERWORKS #1476 3,486.00 8226 09/22/2023 FIRE APPARATUS & EQUIPMENT INC 193.03 8227 09/22/2023 FIRELINE SPRINKLER CORPORATION 530.00 8228 09/22/2023 FRANK'S RADIO SERVICE INC 190.00 8229 09/22/2023 GALLAGHER BENEFIT SERVICES INC 6,000.00 8230 09/22/2023 GARROW OIL CORP 29,806.24 8231 09/22/2023 GODFREY AND KAHN SC 10,239.00 8232 09/22/2023 HAROLD CARPENTER AND COMPLETE OVERHEAD 3,057.85 8233 09/22/2023 JFTCO INC 6,734.10 8234 09/22/2023 KEMIRA WATER SOLUTIONS INC 30,886.82 8235 09/22/2023 KWIK TRIP INC 1,889.89 8236 09/22/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 88,257.58 8237 09/22/2023 MACCO'S COMMERCIAL INTERIORS 3,594.00 8238 09/22/2023 MACQUEEN EQUIPMENT GROUP 6,780.76 8239 09/22/2023 MCMAHON ASSOCIATES INC 7,306.00 8240 09/22/2023 MCNEILUS FINANCIAL INC 662.41 8241 09/22/2023 NORTHEAST ASPHALT INC 5,264.07 8242 09/22/2023 NORTHERN LAKE SERVICE INC 1,035.00 8243 09/22/2023 OSHKOSH CONVENTION AND VISITORS BUREAU INC 247,045.33 8244 09/22/2023 POESCHL PRINTING COMPANY INC 2,123.00 8245 09/22/2023 PREMISE HEALTH SYSTEMS INC 45,991.19 8246 09/22/2023 QUALITY TRUCK CARE CENTER INC 189.01 8247 09/22/2023 RENNING LEWIS AND LACY SC 3,178.00 8248 09/22/2023 ROGAN'S SHOES 471.75 8249 09/22/2023 RUCINSKYS PAINT AND DECORATING LLC 7,200.00 8250 09/22/2023 SCHULZE EXTERIORS LLC 157.00 8251 09/22/2023 SERVICEMASTER BLDG MAINTENANCE 945.00 8252 09/22/2023 TAPCO INC 5,790.30 8253 09/22/2023 VALLEY VNA HEALTH SYSTEMS INC 2,600.00 8254 09/22/2023 WI PUBLIC SERVICE CORP 25,048.17 8255 09/22/2023 WILLIS TOWERS WATSON MIDWEST INC 40.00 8256 09/22/2023 WINNEBAGO COUNTY TREASURER 70,710.30 8257 09/22/2023 WINNEBAGO COUNTY SOLID WASTE BOARD 249.41 8258 09/22/2023 AUGUST WINTER & SONS INC 195,022.50 504512 09/22/2023 ACCESS ELEVATOR INC 2,500.00 504513 09/22/2023 ADAM KRAUSE 19.57 504514 09/22/2023 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00 504515 09/22/2023 ANTHEM LUXURY LIVING LLC 68,891.55 504516 09/22/2023 ASSURANCE TITLE SERVICES INC 250.00 504517 09/22/2023 ASSURANCE TITLE SERVICES INC 10,000.00 504518 09/22/2023 ASSURANCE TITLE SERVICES INC 60.00 504519 09/22/2023 BOUND TREE MEDICAL LLC 173.88 504520 09/22/2023 CARRIE OLSON 1,775.00 504521 09/22/2023 COMPUTER CORNER LLC 64.06 504522 09/22/2023 CONSTANTINA POULOS 312.50 504523 09/22/2023 CURT KLASKE 10.00 504524 09/22/2023 EAST WISCONSIN SAVINGS BANK 10.78 504525 09/22/2023 ELLANA BRIONES 175.00 504526 09/22/2023 FOCUS PROPERTIES LLC 36.37 504527 09/22/2023 FOCUS PROPERTIES LLC 143.42 504528 09/22/2023 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 70.00 504529 09/22/2023 FOX VALLEY TECH COLLEGE 695.00 504530 09/22/2023 FOX VALLEY TECH COLLEGE 100.00 504531 09/22/2023 GALLS LLC 160.22 504532 09/22/2023 GANNET WISCONSIN LOCALIQ 807.26 504533 09/22/2023 GAT TENOR 67.00 504534 09/22/2023 GIZMO OSHKOSH LLC 10,105.06 504535 09/22/2023 GOLD STAR INVESTMENTS 81.79 504536 09/22/2023 MATTHEW R GOLLNICK 72.84 504537 09/22/2023 HABITAT FOR HUMANITY OF OSHKOSH INC 76.81 504538 09/22/2023 HENRY SCHEIN INC 9,140.59 504539 09/22/2023 FEED THE PEOPLE OF OSHKOSH INC 3,150.00 504540 09/22/2023 JOHN D HARDGINSKI 400.00 504541 09/22/2023 A. KALMERTON WELDING SUPPLIES 846.03 504542 09/22/2023 KIM WALLMULLER 69.43 504543 09/22/2023 KLB PROPERTIES LLC 82.92 504544 09/22/2023 KLINK EQUIPMENT 21.20 504545 09/22/2023 LAURA SCHLEY 375.00 504546 09/22/2023 MARK A ROHLOFF 616.42 504547 09/22/2023 LAUREN CHRISKE 225.00 504548 09/22/2023 N C D A 400.00 504549 09/22/2023 NICHOLE BOVEE 200.00 504550 09/22/2023 NYSTROM INC 6,032.00 504551 09/22/2023 ALZHEIMER'S ASSOCIATION 84.00 504552 09/22/2023 AMERICAN ENTERTAINMENT LLC 350.00 504553 09/22/2023 BETTER HOME HEATING 110.00 504554 09/22/2023 CATHERINE E GEHRKE 5,406.25 504555 09/22/2023 FIRE ESCAPE 16.70 504556 09/22/2023 JASON CRAM 166.99 504557 09/22/2023 MICHAEL & AMY FOLEY 156.46 504558 09/22/2023 PAUL J KOCH & RENEE MARES 188.52 504559 09/22/2023 QUANDT PLUMBING LLC 50.00 504560 09/22/2023 WACHTER INC 87.00 504561 09/22/2023 OSHKOSH AREA SCHOOL DISTRICT 4,580.62 504562 09/22/2023 OSHKOSH AREA SCHOOL DISTRICT 21.36 504563 09/22/2023 CITY OF OSHKOSH 218.00 504564 09/22/2023 OSHKOSH HEATING AND AIR LLC 345.00 504565 09/22/2023 OSHKOSH HERALD LLC 1,833.30 504566 09/22/2023 PINE INVESTMENTS OF OSHKOSH LLP 5.00 504567 09/22/2023 POMP'S TIRE SERVICES INC 2,156.14 504568 09/22/2023 RANE INVESTMENTS LLC 175.60 504569 09/22/2023 RED D MIX CONCRETE INC 10,748.84 504570 09/22/2023 REGISTRATION FEE TRUST 508.50 504571 09/22/2023 RIESTERER & SCHNELL INC 472.26 504572 09/22/2023 ROSS LOSSE 650.00 504573 09/22/2023 SALZ LLC 69.74 504574 09/22/2023 SEW DIVINE 112.00 504575 09/22/2023 SOPHIA PEDRONI 225.00 504576 09/22/2023 STANTEC CONSULTING SERVICES INC 7,900.00 504577 09/22/2023 STARK BRIAN M 47.56 504578 09/22/2023 STUDIOM 333 LLC 25.00 504579 09/22/2023 THE HOME DEPOT PRO 95.34 504580 09/22/2023 TRUGREEN PROCESSING CENTER 573.24 504581 09/22/2023 UNITED PARCEL SERVICE 210.26 504582 09/22/2023 WI DEPT OF SAFETY & PRO SVCS 470.00 504583 09/22/2023 EMILY WILLEY 225.00 1,165,893.89 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 :October 10, 2023 SUB JEC T:SUB JEC T :Receipt & Filing of Meeting Minutes - Common Council 9.26.23 A t t a chment sAttachments 09.26.23 CC Minutes 09.26.23 Closed Session Minutes CITY COUNCIL MINUTES September 26, 2023 Matt Mugerauer, Mayor Present Lynnsey Erickson Present Joe Stephenson Present Karl Buelow Present Paul Esslinger Present Mike Ford Present LaKeisha Haase Present Staff Present:Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk Attendees:James Rabe, Director of Public Works 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: 6:00 PM - Mayor Mugerauer C.ROLL CALL AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed 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.) 0.Report of Bills by the Finance Director 1.Receipt & Filing of Meeting Minutes - Common Council Meeting 09.12.23 2.Receipt & Filing of Meeting Minutes - Oshkosh Public Museum Board Meeting 06.01.23 3.Receipt & Filing of Claim Filed with the City's Insurance Company: Ferch 4.Res 23-479 Approve Renewal of Employee Health and Dental Insurance for 2024 5.Res 23-480 Award Bid to Axiom, Inc. for Selective and Cantilever Racking for Electric Division ($50,519.00) 6.Res 23-481 Approve and Execute Relocation Order to Acquire Property located at 222 Pearl Avenue for GO Transit Downtown Transit Center Expansion 7.Res 23-482 Approve Agreement for Assistance with Performance and Management of a Potable Water System Backflow Control Program / HydroCorp, Inc. ($210,744) 8.Res 23-483 Approve Purchase of Wetland Mitigation Credits for Sawyer Creek Watershed Rural II Detention Basin ($585,000) 9.Res 23-484 Approve Museum Operating Budget Amendment for Oshkosh Area School District Education Foundation Donation for Teachers Night Out ($500) 10.Res 23-485 Approve Museum Operating Budget Amendment for Fifth Ward Sponsorship for Teachers Night Out ($500) 11.Res 23-486 Approve Museum Operating Budget Amendment for Community First Credit Union Sponsorship of Día de los Muertos 2023 ($1,000) 12.Res 23-488 Approve Conditional Use Permit Request for an Adaptive Reuse at 204 Church Avenue (Plan Commission Recommends Approval) 13.Res 23-489 Approve General Development Plan and Specific Implementation Plan for Property Located at 3463 Compass Way (Plan Commission Recommends Approval) 14.Res 23-490 Approve Amendment to TID #43 Development Agreement with The Mill on Main PH 1, LLC 15.Res 23-491 Approve Amendment to TID #40 Development Agreement with MK Lofts, LLC 16.Res 23-492 Approve Acceptance of Community Development Investment Vibrant Spaces Program Grant from Wisconsin Economic Development Corporation ($32,750.00) 17.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) 18.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 19.Res 23-495 Approve Special Event - Oshkosh West High to Utilize City Streets for Their Homecoming Parade, September 29, 2023 20.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 21.Res 23-497 Approve Block Party - Amy Mehling to Utilize Templeton Place for a Neighborhood Block Party, October 22, 2023 22.Res 23-498 Approve Combination "Class B" Beer/Liquor License Surrender and Issuance of Combination "Class B" Beer/Liquor License (Applebee's) 23.Res 23-499 Approve Special Class "B" Licenses Motioned by Councilmember Karl Buelow, Second by Councilmember Lynnsey Erickson: APPROVE CONSENT AGENDA AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed I.ITEMS REMOVED FROM CONSENT AGENDA 1.Res 23-487 Approve Conditional Use Permit Request for an Adaptive Reuse at 2501 Harrison Street (Plan Commission Recommends Approval) Motion Paul Esslinger Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed J.PENDING ORDINANCE 0.**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) Motion Lynnsey Erickson Second Mike Ford AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed K.NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on) 0.** *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) 0.** *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 0.*Ord 23-503 Amend Parking Regulations on North Side of Ripple Avenue from Oregon Street to Western Terminus (Transportation Committee Recommends Approval) 0.*Ord 23-504 Amend Parking Regulations on the West Side of Brown Street from Algoma Blvd to High Ave (Transportation Committee Recommends Approval) 0.*Ord 23-505 Amend Parking Regulations on Union Avenue at Algoma Boulevard (Transportation Committee Recommends Approval) 0.*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 0.Res 23-507 Approve Spot Blight Designation for Parcels #0402240000 and #0402230000 on the 600 block of North Main Street Motion Karl Buelow Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed 0.Res 23-508 Approve Acquisition of Properties Located at 656 North Main Street, Parcels #0402240000 and #0402230000 ($300,000) Motion Karl Buelow Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed 0.Res 23-509 Approval of Non-Contractual Sanitary Sewer Rates for Wholesale Customers Motion Paul Esslinger Second Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 0.Direction to Staff Regarding Water Filtration Plant Clearwell Building Façade and Lake Shore Drive Alignment in Relation to the Clearwell Replacement Project 1.A. Red Earth Project on Lake Butte des Morts Drive Update 2.A. 2024 Budget Workshops, October 30 & 31, 2023 N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 0.Outstanding Issues P.ADJOURN: 7:21PM Motion Paul Esslinger Second Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed SUBMITTED BY CITY CLERK Diane Bartlett OSHKOSH COMMON COUNCIL CITY HALL, OSHKOSH, WISCONSIN September 26, 2023, 5:00 PM - ROOM 404 CLOSED SESSION MINUTES CALL TO ORDER BY: Mayor Mugerauer Time: 5:00 PM ROLL CALL / PRESENT: Haase X Esslinger X Erickson X Ford X Stephenson X Buelow X Mugerauer X ALSO PRESENT: Mark Rohloff, Lynn Lorenson, Amy VanderHogen, James Rabe, Russ Van Gompel, Jonathan Smies, and Diane Bartlett MOTION TO MOVE TO CLOSED SESSION: Erickson 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. SECOND – Esslinger Carried 7-0 Haase X Esslinger X Erickson X Ford X Stephenson X Buelow X Mugerauer X ADJOURNMENT: MOTION TO ADJOURN: Buelow SECONDED: Stephenson Haase X Esslinger X Erickson X Ford X Stephenson X Buelow X Mugerauer X CARRIED: (7-0) MEETING ADJOURNED AT: 5:47 PM Diane Bartlett, City Clerk SUB JEC T:SUB JEC T : Receipt & Filing of Minutes - Library Board 8.31.23 D A TE :D A T E :October 10, 2023 Sub jectSubject Receipt & Filing of Minutes - Library Board 8.31.23 A t t a chment sAttachments Library Board Minutes Page 1 MINUTES OF THE LIBRARY BOARD Oshkosh Public Library August 31, 2023 The meeting of the Oshkosh Public Library Board of Trustees was held on August 31, 2023 in the Lower Level of the Oshkosh Public Library. The meeting was called to order at 4:00 PM by President, Bill Bracken. Present were: Bill Bracken, Kim Brown, Lindsey Mugerauer, Baron Perlman, David Romond and David Rucker. Absent were: Larry Lautenschlager, Christine Melms-Simon and Amber Shemanski. Others present were: Lisa Voss, Interim Co-Director; Ruth Percey, Interim Co-Director; Joe Bongers, Head of Information Services; Neal Matherne, Curator of Education at the Oshkosh Public Museum; and Tracie Schlaak, Administrative Specialist. There were no public comments. Consent Agenda Items: • Minutes of the Regular Meeting of July 27, 2023 • Minutes of the Special Meeting of Aug. 3, 2023 • Minutes of the Finance Committee Meeting of Aug. 22, 2023 • Vouchers Payable - $333,926.30 Motion to approve the consent agenda as presented. Motion: Perlman; Second: Brown; Vote: Unanimous New Business • 2024 Library Operating Budget Proposal: 2024 budget memo and budget proposal detail for projected revenue and proposed expenditures were discussed. A proposal has been submitted to the City Manager. Action Requested: Discuss in preparation for possible revision after meeting with City Manager on September 7, 2023. Motion: To approve the proposed 2024 operating budget. Motion: Romond; Second: Rucker; Vote: Unanimous Library Co-Director’s Report • There is a vacancy on our board. There was someone recommended by the mayor – Sue Fojtik. • The Oshkosh Public Library Board will be getting a Leadership Oshkosh Adjunct Board Member. • Bill Bracken has invited council members to the library to tour and find out all about the library. • Team building exercises with the staff are continuing. Trustee Reports and Comments • Baron Perlman gave an update on the director recruitment process. Adjournment Motion: To Adjourn the meeting at 4:30 PM Motion: Romond; Second: Perlman; Vote: Unanimous Respectfully, Lisa Voss, Interim Co-Director Tracie Schlaak – Recorder TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Caroline Panske, Elections Specialist D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company: Ewing A t t a chment sAttachments Notice and Filing of Claim-Ewing September 20, 2023 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 RE: Insured: City of Oshkosh Claimant Name: Branden Ewing Claim Number: WM000702661232 Date of Loss: 09/13/2023 Statewide Services, Inc. is the third-party administrator for the League of Wisconsin Municipalities Mutual Insurance liability and auto program. We received notice of the above-referenced claim and want to assure you that we are in the process of reviewing it. This claim has been assigned to: Sarah Bourgeois, AIC, AINS Claims Rep. II Phone: 608-828-5439 Fax: 800-854-1537 Email Address: sbourgeois@statewidesvcs.com Feel free to call or email the claim handler above. Sincerely, Statewide Services Claim Department cc: McClone Agency – Brian Dandoy 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 :October 10, 2023 SUB JEC T:SUB JEC T : Res 23-511 Approve Change Order No. 2 (Final) for Public Works Contract No. 22-05 East Lincoln Avenue and Rosalia Street Reconstruction / Carl Bowers & Sons Construction Co., Inc. (-$184,928.44) B A C KGRO UN DBACKGROUND Change Order No. 2 (Final) for Contract 22-05 is scheduled for consideration by the Common Council at the October 10, 2023 meeting. The Contract was originally awarded to Carl Bowers & Sons Construction, Inc. in February of 2022 and Change Order No. 1 was awarded in June of 2022. This change order is to adjust quantities to match the necessary installation in the field. A N A L Y SI SANALYSIS Following is a summary of the significant changes to each section of the Capital Improvement Program (CIP) Budget: All funding sources are under budget with no major items being added or deleted. Final quantities were adjusted to match field conditions. FI SC A L I M P A CTFISCAL I M P A C T Contract Section Change Order Amount Estimated Total Construction Costs CIP Budget Amount Street -$60,486.74 $1,789,666 $2,377,100 Storm Sewer -$46,660.50 $1,065,444 $1,406,500 Sanitary Sewer -$61,630.91 $1,000,794 $1,604,900 Water Main -$9,263.44 $1,462,014 $2,546,400 Sidewalk -$2,187.20 $56,618 $236,900 Traffic -$4,699.65 $317,784 $475,000 Admin $0.00 $1,803 $6,000 Total -$184,928.44 $5,694,123 $8,652,800 Funding for the street, storm water, sanitary sewer, and water main portions of this Change Order is available from the 2022 Capital Improvement Program (CIP) (Account No. 03210410-6801-04205/Contract Control-Paving-22-05 E Lincoln & Rosalia St Recons, 03210410-6802-04205/Contract Control-Sanitary Sewer- 22-05 E Lincoln & Rosalia St Recons, 03210410-6803-04205/Contract Control-Water Main-22-05 E Lincoln & Rosalia St Recons, and 03210410-6804-04205/Contract Control-Storm Sewer-22-05 E Lincoln & Rosalia St Recons). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of Change Order No. 2 (Final) to Contact No. 22-05 in the amount of -$184,928.44 to Carl Bowers & Sons Construction Co., Inc. A t t a chment sAttachments RES 23-511 22-05 CO #2 10/10/2023 23-511 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CHANGE ORDER NO. 2 (FINAL) FOR PUBLIC WORKS CONTRACT NO. 22-05 EAST LINCOLN AVENUE AND ROSALIA STREET RECONSTRUCTION / CARL BOWERS & SONS CONSTRUCTION CO., INC. (-$184,928.44) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following change orders, a copy of which is attached, are hereby approved:     CARL BOWERS & SONS CONSTRUCTION CO., INC.     N1844 Maloney Road     Kaukauna, WI 54130 Net Decrease to Contract:            $184,928.44 PURPOSE:      See attached Change Orders. Acct. Nos.    03210410-6801-04205    Contract Control-Paving-22-05 E Lincoln &  Rosalia St Recons 03210410-6802-04205    Contract Control-Sanitary Sewer-22-05 E  Lincoln & Rosalia St Recons 03210410-6803-04205    Contract Control-Water Main-22-05 E Lincoln &  Rosalia St Recons 03210410-6804-04205    Contract Control-Storm Sewer-22-05 E Lincoln  & Rosalia St Recons     TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Lyons, Planning Services Manager D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-512 Approve Specific Implementation Plan Amendment for Façade and Patio Modifications Located at 1 North Main Street B A C KGRO UN DBACKGROUND The petitioner requests an amendment to the Specific Implementation Plan approval for façade and patio modifications at 1 North Main Street. The subject site is the existing Best Western Premier Waterfront Hotel & Convention Center, which is located on the west side of North Main Street and has frontage on the Fox River. The parcel is zoned Central Mixed-Use District with Planned Development and Riverfront Overlays (CMU-PD-RFO). The parcel is 1.15 acres in area and includes a restaurant in addition to a hotel/convention center. The surrounding area consists primarily of commercial land uses along with the Oshkosh Convention Center to the east. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. On April 9, 2013, the Common Council approved a Planned Development for signage at the subject property. A N A L Y SI SANALYSIS No changes are being proposed to the existing use of the site. The applicant plans to convert the existing Best Western Premier Waterfront Hotel to a Marriott Hotel. The converted hotel will remain at 176 rooms with ballroom, meeting rooms, fitness center, and restaurant as it sits today. Exterior site changes include a new 430 sq. ft. sidewalk area, a new 578 sq. ft. patio area with pergola on the north side of the site, and a new pergola over the existing patio seating area on the south (waterfront) side of the site. The applicant has submitted plans for new wall signage on all facades of the hotel. The proposed wall signs are within the maximum area of 1 sq. ft. per linear foot of building façade and meet the material requirement of ¾" thickness or greater. The applicant is also replacing existing signage on the pedestrian bridge to the Oshkosh Convention Center and a post sign and directional signs on the abutting City parking garage site. These signs will be the same dimensions as the existing signs for the Best Western hotel and Ground Round restaurant. Staff is recommending a base standard modification (BSM) to continue to allow the signs to be replaced in the same location and same dimensions. The applicant is proposing substantially less signage area on the site than allowed by code, which will serve to offset the requested BSM. The existing building is clad in face brick with dark bronze anodized window frames and tinted glass. The applicant is proposing the following modifications to the building: North side of building: Apply porcelain tile façade to existing face brick along the entrance and patio façade areas. Replace one window unit with double doors to patio. Door frames and glazing to match existing building (bronze anodized door frames with tinted glazing). New 4' tall black metal fencing to surround patio. New black metal pergola with suspended lighting. South/East side of building: Wood siding and composite trim at east and south entries and southeast façade area. Porcelain tile vertical accent at east façade. New bi-parting sliding glass door at south façade (under pergola). New wood and steel pergola frame at south façade with sail cloth, suspended lighting, and radiant heaters. Staff is supportive of the proposed building modifications as they will serve as accents to the existing building and should enhance the appearance of the site. Staff feels that the proposed building modifications are in conformance with Central Mixed Use District (CMU) and Riverfront Overlay (RF-O) design standards as the exterior materials complement the existing building and utilize high quality materials. The façades also maintain existing door and window areas and provide a visual connection to the waterfront with the addition of the pergola and façade accents. FI SC A L I M P A CTFISCAL I M P A C T The applicant is anticipating spending approximately $8 million on interior and exterior improvements to the property. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the Specific Implementation Plan Amendment for Façade and Patio Modifications located at 1 North Main Street as requested with findings on October 3, 2023. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 23-512 1 North Main St 10/10/2024 23-512 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR FAÇADE AND PATIO MODIFICATIONS AT 1 NORTH MAIN STREET PLAN COMMISSION RECOMMENDATION:  Approved w/ findings and conditions. INITIATED BY : OWNER: Scarlett Hotel Group PETITIONER: David Helgeson         WHEREAS, the Plan Commission finds that a Specific Implementation Plan Amendment at 1 North Main Street, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Specific Implementation Plan Amendment at 1 North Main Street, per the attached, is hereby approved with the following findings: 1.    The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter.  2.    The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development.  3.    The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area.    BE IT FURTHER RESOLVED that the following are conditions of approval for a Specific Implementation Plan Amendment for 1 North Main Street: 1.    Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Planned Development approval dated April 9, 2013 remains in full force and effect. 2.    Base Standard Modification to allow off-premise signage on pedestrian bridge and City parking garage site to be replaced at the same size/dimensions as existing off-premise signage. 3.    Pergola may not extend over the public right-of-way or Riverwalk.     ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR FAÇADE AND PATIO MODIFICATIONS AT 1 NORTH MAIN STREET Plan Commission meeting of October 3, 2023 GENERAL INFORMATION Owner: Scarlett Hotel Group Petitioner: David Helgeson Action(s) Requested: The petitioner requests an amendment to the Specific Implementation Plan approval for façade and patio modifications at 1 North Main Street. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Central Mixed Use District (CMU) and Riverfront Overlay District (RF-O) Design Standards are found in Section 30-245. Background Information Property Location and Type: The subject site is the existing Best Western Premier Waterfront Hotel & Convention Center, which is located on the west side of North Main Street and has frontage on the Fox River. The parcel is zoned Central Mixed-Use District with Planned Development and Riverfront Overlays (CMU-PD-RFO). The parcel is 1.15 acres in area and includes a restaurant in addition to a hotel/convention center. The surrounding area consists primarily of commercial land uses along with the Oshkosh Convention Center to the east. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. On April 9, 2013, the Common Council approved a Planned Development for signage at the subject property. Subject Site Existing Land Use Zoning Commercial CMU-PD-RFO Recognized Neighborhood Organizations Downtown Adjacent Land Use and Zoning Existing Uses Zoning North Commercial CMU South Fox River/riverwalk Fox River East Institutional I-PD-RFO West Commercial CMU-RFO Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS Use No changes are being proposed to the existing use of the site. The applicant plans to convert the existing Best Western Premier Waterfront Hotel to a Marriott Hotel. The converted hotel will remain at 176 rooms with ballroom, meeting rooms, fitness center, and restaurant as it sits today. Site Design There are no changes being proposed to the site, with the exception of 430 sq. ft. of new sidewalk area and 578 sq. ft. of new patio area with pergola on the north side of the site and a new pergola over the existing patio seating area on the south (waterfront) side of the site. Proposed site plan. North patio area South patio area The north patio addition has a 19’ setback from the north property line. The proposed pergola on the south side of the building has a 0’ setback along North Main Street and a 0.5’ setback along the south (waterfront) property line. Staff does not have concerns with the proposed patio and pergola additions as the CMU district does not have a maximum impervious surface ratio and has a 0’ minimum front yard setback. Staff is recommending a condition to ensure that the pergola does not extend over the public right-of-way or Riverwalk. Signage The applicant has submitted plans for new wall signage on all facades of the hotel. The proposed wall signs are within the maximum area of 1 sq. ft. per linear foot of building façade and meet the material requirement of ¾” thickness or greater. The applicant is also replacing existing off-premise signage, including signage on the pedestrian bridge to the Oshkosh Convention Center and a post sign and directional signs on the abutting City parking garage site. These signs will be the same dimensions as the existing off-premise signs for the Best Western hotel and Ground Round restaurant. Staff is recommending a base standard modification (BSM) to continue to allow the off-premise signage to be replaced in the same location and same dimensions as existing signage. The applicant is proposing substantially less signage area on the site than allowed by code, which will serve to offset the requested BSM. Maximum wall sign area (sq. ft) Proposed wall sign area (sq. ft.) North 175 24.7 South 200 96.2 East 225 85.6 West 195 +/- 70.2 Landscaping No additional pavement is required as properties in the CMU district are exempt from landscaping requirements, with the exception of paved areas. Storm Water Management The Department of Public Works has reviewed the plans and noted that full site plan review is required and plans shall include grades, drainage, location of impervious features, and a site data table showing impervious features before and after the construction. Lighting The provided plans do not include new lighting for the site, other than suspended lighting for the patio areas. Any additional lighting for the site will be subject to the standards of the lighting ordinance, which have a maximum lighting level of 0.5 fc at property lines and 1.0 fc at the public right-of-way. Building Facades The existing building is clad in face brick with dark bronze anodized window frames and tinted glass. The applicant is proposing the following modifications to the building: North side of building - Apply porcelain tile façade to existing face brick along the entrance and patio façade areas. - Replace one window unit with double doors to patio. Door frames and glazing to match existing building (bronze anodized door frames with tinted glazing). - New 4’ tall black metal fencing to surround patio. - New black metal pergola with suspended lighting. South/East side of building - Wood siding and composite trim at east and south entries and southeast façade area. - Porcelain tile vertical accent at east façade. - New bi-parting sliding glass door at south façade (under pergola). - New wood and steel pergola frame at south façade with sail cloth, suspended lighting, and radiant heaters. Staff is supportive of the proposed building modifications as they will serve as accents to the existing building and should enhance the appearance of the site. Staff feels that the proposed building modifications are in conformance with Central Mixed Use District (CMU) and Riverfront Overlay (RF-O) design standards as the exterior materials complement the existing building and utilize high quality materials. The facades also maintain existing door and window areas and provide a visual connection to the waterfront with the addition of the pergola and façade accents. 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. (c) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (d) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. Staff recommends approval of the Specific Implementation Plan amendment as proposed with the findings listed above and the following conditions: 1. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Planned Development approval dated April 9, 2013 remains in full force and effect. 2. Base Standard Modification to allow off-premise signage on pedestrian bridge and City parking garage site to be replaced at the same size/dimensions as existing off-premise signage. 3. Pergola may not extend over the public right-of-way or Riverwalk. The Plan Commission recommended approval of Specific Implementation Plan Amendment for Façade and Patio Modifications at 1 North Main Street on October 3, 2023. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, Ms. Propp, Mr. Nichols, and Mr. Esslinger reported visiting the site. Staff report accepted as part of the record. The petitioner requests an amendment to the Specific Implementation Plan approval for façade and patio modifications at 1 North Main 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 the existing Best Western Premier Waterfront Hotel & Convention Center, which is located on the west side of North Main Street and has frontage on the Fox River. The parcel is zoned Central Mixed-Use District with Planned Development and Riverfront Overlays (CMU- PD-RFO). On April 9, 2013, the Common Council approved a Planned Development for signage at the subject property. The applicant plans to convert the existing Best Western Premier Waterfront Hotel to a Marriott Hotel. The converted hotel will remain at 176 rooms with ballroom, meeting rooms, fitness center, and restaurant as it sits today. There are no changes being proposed to the site, with the exception of 430 sq. ft. of new sidewalk area and 578 sq. ft. of new patio area with pergola on the north side of the site and a new pergola over the existing patio seating area on the south (waterfront) side of the site. The north patio addition has a 19’ setback from the north property line. The proposed pergola on the south side of the building has a 0’ setback along North Main Street and a 0.5’ setback along the south (waterfront) property line. Staff does not have concerns with the proposed patio and pergola additions as the CMU district does not have a maximum impervious surface ratio and has a 0’ minimum front yard setback. The applicant has submitted plans for new wall signage on all facades of the hotel. The proposed wall signs are within the maximum area of 1 sq. ft. per linear foot of building façade. The applicant is also replacing existing off-premise signage, including signage on the pedestrian bridge to the Oshkosh Convention Center and a post sign and directional signs on the abutting City parking garage site. These signs will be the same dimensions as the existing off-premise signs for the Best Western hotel and Ground Round restaurant. Staff is recommending a base standard modification (BSM) to continue to allow the off-premise signage to be replaced in the same location and same dimensions as existing signage. The applicant is proposing substantially less signage area on the site than allowed by code, which will serve to offset the requested BSM. The applicant is proposing the modifications to the north-side of the building: Apply porcelain tile façade to existing face brick along the entrance and patio façade areas; Replace one window unit with double doors to patio. Door frames and glazing to match existing building (bronze anodized door frames with tinted glazing); New 4’ tall black metal fencing to surround patio; New black metal pergola with suspended lighting. South/East side building modifications: Wood siding and composite trim at east and south entries and southeast façade area; Porcelain tile vertical accent at east façade; New bi-parting sliding glass door at south façade (under pergola); New wood and steel pergola frame at south façade with sail cloth, suspended lighting, and radiant heaters. Staff is supportive of the proposed building modifications as they will serve as accents to the existing building and should enhance the appearance of the site. Staff feels that the proposed building modifications are in conformance with Central Mixed Use District (CMU) and Riverfront Overlay (RF-O) design standards as the exterior materials complement the existing building and utilize high quality materials. Staff recommends approval of the Specific Implementation Plan amendment as proposed with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Propp wanted Mr. Slusarek to go over the changes to the north patio area again. Mr. Perry asked if the owner/applicant wanted to make any statements. David Helgeson, General Manager of 1 North Main Street in Oshkosh. Resides at 8532 Old Market Drive in Larsen WI 54947. They are looking to put ten million dollars into the hotel, which was last refurbished in 2013. It will be changing into a Marriott, and they hope it will bring in more travelers. This location will have the only M-Club in the entire state of Wisconsin. The M-Club is a concierge club for premium and elite travelers. It will be created using some of the current smaller meeting rooms, and will have an outdoor patio on the north-side of the building. All of the hotel rooms will be redone. It will be a great product when all is said and done. 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 2022 P r oje c t s2022 P r o je c t s St a t usStatus Menominee South Lagoon Cleanup Completed River East Roe Park Playground Completed Midtown Utility Box Wraps Completed T O :T O :Honorable Mayor and Members of the Common Council FRO M :FR O M :Mark Lyons, Planning Services Manager D A T E :D A T E :October 10, 2023 SUB JE C T :SU B J E C T :Res 23-513 Approve 2023 Great Neighborhoods Capital Improvement Programs Funding in the Amount of $138,000 B A C K G RO U N DBACKGROUND The Great Neighborhoods Program provides residents the opportunity to originate projects that enhance quality of life through strategic improvements to the public realm. Projects are intended to improve the image, market, and physical conditions of Oshkosh neighborhoods. Staff provides recognized neighborhood associations, pursuing healthy neighborhoods, the opportunity to apply for funding to support capital improvement projects within their neighborhoods. A total of three projects were submitted and staff is recommending all three of the projects for Common Council consideration at this time. In 2022, the Common Council approved a total of $232,400.00 of Great Neighborhoods Capital Improvement Program funding (Res. 22-526). A description of last year's projects and the current status is listed below for your review. The Common Council previously approved $175,000 within the City's Capital Improvement Program for the 2023 Great Neighborhoods Program. A N A L Y SI SANALYSIS The following projects have been reviewed by City staff and are being proposed to utilize Great Neighborhoods Program funding. Projects are selected that help achieve the City's strategic plan goals of improving and maintaining infrastructure, and enhancing the quality-of-life services and assets. Projects Recommended: 1. Bent Woods Gathering Space Improvements $40,000 The Bent Woods Neighborhood Association is requesting improvements be done at a City-owned vacant lot to create a more welcoming gathering space for their neighborhood. The improvements consist of additional concrete, an ADA-compliant picnic table, a neighborhood sign, a little free library, benches, new trees, and various flower beds. Staff has determined that the site is not developable due to its irregular triangle shape and being a double-fronted lot on a corner. Community Development Staff worked closely with the Parks/Forestry Department to create a suitable plan for the site that can be properly maintained for years to come. 2. William Waters Gazebo $80,000 The William Waters Gazebo is part of the overall William Waters Plaza Master Plan. The River East Neighborhood Association has requested additional funding to move the gazebo project forward. Private fundraising has accounted for approximately 80% of the total cost for the project. River East is requesting Great Neighborhoods funding to cover the remaining cost. The project has been on hold since 2021 while trying to secure additional funding. Approval of this request would ensure the project can move forward and avoid the potential of the private funding being rescinded. 3. Stevens Park Bus Shelter $18,000 The Stevens Park Neighborhood Association is requesting that a bus shelter be installed at an existing bus stop on the northwest corner of Waugoo Avenue and Rosalia Street. Neighborhood leaders worked closely with City staff to determine where a new bus shelter should be installed within the neighborhood boundaries, considering current bus routes, existing bus stops, and current ridership data. This location became the most feasible due to those existing metrics. This project includes the purchase and installation of a new bus shelter and related concrete around the shelter. FI SC A L I M P A C TFISCAL I M P A C T Great Neighborhoods Funding Available:$433,666.75 2023 Great Neighborhoods Funding Requested:$138,000.00 Great Neighborhoods Funding Remaining Balance:$295,666.75 Great Neighborhoods Capital Improvement Program funding is appropriated from 0323-0740-7216-63016. RE C O M M E N D A T I O NRECOMMENDATION Common Council approves Great Neighborhoods Capital Improvement Program funding in the amount of $138,000.00. A t t a c h m e n t sAttachments RES 23-513 Great Neighborhoods 10/10/2023 23-513 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE GREAT NEIGHBORHOODS CAPITAL IMPROVEMENT PROGRAMS FUNDING IN THE AMOUNT OF $138,000 INITIATED BY : COMMUNITY DEVELOPMENT         WHEREAS, the Common Council approved funds in 2023 Capital Improvement Programs (CIP) for public improvements to be undertaken as part of a Great Neighborhoods Program; and     WHEREAS, staff is recommending the following activities and/or improvements be undertaken 2023 CIP funds of the Great Neighborhoods Program which includes: 1)    Bent Woods Gathering Space Improvements               $     40,000 2)    River East William Waters Plaza Gazebo                     $     80,000 3)    Stevens Park Bus Shelter on Rosalia Street                $     18,000                                                                                              $   138,000                                                NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that funded activities/improvements of the Great Neighborhoods Program, as noted above are hereby approved in the amount of $138,000. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to take those steps necessary to implement said program. Money for this purpose is hereby appropriated from: Acct No. 0323-0740-7216-63016 – Great Neighborhoods     GREAT NEIGHBORHOODS PROGRAM 2023 GREAT NEIGHBORHOODS PROGRAM PROJECT REVIEW GROUP PURPOSE Community Development staff has been charged with administering the City’s Great Neighborhood program. The Great Neighborhoods program is intended to enhance the image, market, and physical conditions of Oshkosh’s neighborhoods. The program provides residents the opportunity to originate projects that enhance quality of life through strategic improvements to the public realm. In an effort to fully engage stakeholders in the decision-making process, staff developed a workgroup that is tasked with reviewing and scoring project proposals prior to submittal to Council for final funding approval. EXPECTATIONS • Understand the Great Neighborhoods program criteria and outcome areas • Review and score project proposals based on program criteria TIME COMMITMENT Review proposals: 1 hour session in Summer 2023 & 30 minute session in fall GROUP STRUCTURE 1 member from the Oshkosh Healthy Neighborhood Alliance 1 Parks Department representative 1 Public Works Department representative 1 Community Development Department representative Planning Division staff will attend, but do not score GREAT NEIGHBORHOODS PROGRAM The Great Neighborhoods Program is designed to enhance the image, market, and physical conditions of Oshkosh neighborhoods. The program provides residents the opportunity to originate projects that enhance quality of life through strategic improvements to the public realm. Working in collaboration with City staff, residents initiate, plan, and implement projects and activities in the pursuit of Healthy Neighborhoods of choice in Oshkosh. The Great Neighborhoods Program is funded by the City’s Capital Improvement Program and is intended to strengthen neighborhoods in Oshkosh. ELIGIBLE PROJECTS Eligible projects must support capital improvements to the public realm; which includes: City-owned property/buildings, parks, and public streets. Applicants are strongly encouraged to work with City staff on project phasing for projects that cannot be implemented within 12 months of Common Council approval. Eligible applicants with complex projects may be advised to apply to support project planning rather than implementation. Preference will be given to projects that further implementation of an approved City of Oshkosh Plan or enhance a capital improvement project that has been identified within the City’s 5-Year Capital Improvement Program. It is common for complex projects to be broken into phases in order to accomplish tasks in the most efficient order. Each phase of a project may take long er than one year to complete, which can end up over lapping into the following program cycle year. In the past, we have allowed applicants to apply for the next phase of the project before the previous phase has been completed. This does not help projects get completed faster. In an effort to improve the program, projects that are part of a greater project occurring in phases will not be eligible if the preceding phase has not yet been completed. Phased projects must be completed in order before moving on to the next phase. Applicants can apply for funding to support conceptual project planning or project implementation. CONCEPTUAL PROJECT PLANNING PROJECT IMPLEMENTATION Concept Design Plans Corridor Plans Streetscape Plans Engineering/Construction Plans Placemaking Public Art Community Gardens Pedestrian Safety Streetscape and Gateway Improvements Public Property Enhancements Historic Markers This program is made possible through funding support from the PROPOSAL DEADLINE IS June 16, 2023 ELIGIBLE APPLICANTS Recognized Neighborhood Associations ▪ A neighborhood association is a voluntary organization officially recognized by the City of Oshkosh. Groups working to support Healthy Neighborhoods in Oshkosh ▪ Applicants in this category must be working to meet the requirements identified within the City of Oshkosh Neighborhood Association Recognition Policy OR an official City Board/Commission. If a project is located within a recognized neighborhood association area, a letter of support must be obtained from the neighborhood association. APPLICATION REVIEW PROCESS ✓ Pre-application meeting is scheduled with the City of Oshkosh Planning Services. ✓ Applicant submits a written proposal to the City of Oshkosh Planning Services Division. Please use the scoring matrix found on the next page to guide you. ✓ A copy of the meeting minutes where the project was approved by the neighborhood association Board of Directors/Steering Committee /General Membership. ✓ Proposals are reviewed by Great Neighborhoods Program Scoring Team and City staff to determine if it meets the program criteria. ✓ Proposals meeting the program criteria will be submitted to the Common Council for consideration. Applicants must be present at the Common Council meeting to answer questions. ✓ If Common Council approves the funding request, project implementation will be coordinated by the applicant and City staff. ✓ Approval is subject to fund availability and will be allocated on a competitive basis. HOW TO APPLY A pre-application meeting is required before submitting a request for funding. To schedule a meeting please contact the Planning Services Division at 920 -236-5059. The attached application must be completed and returned to the City of Oshkosh Planning Services Division – 215 Church Avenue, Room 204, Oshkosh, WI, 54901. Proposals will not be accepted later than June 16, 2023. This program is made possible through funding support from the PROPOSAL DEADLINE IS June 16, 2023 PAST PROJECT SUCCESSES THE GEORGE WASHINGTON TRIANGLE IMPROVEMENTS Beautification of the area surrounding the George Washington Monument include pedestrian path, lighting and landscaping. TEICHMILLER PARK BUTTERFLY GARDEN Installation of a native plant garden intended to attract butterflies while also being use d as a community building and engagement opportunity and educational tool. WILLIAM WATERS PLAZA Multiyear project to enhance the design and use of a plaza dedicated to well-known architect Williams Waters. TREAGER INCLUSIVE PLAYGROUND Improvements to the playground located on the Traeger Elementary School. STEVENS PARK IMPROVEMENTS Improvements to Stevens Park include a new playground equipment, tennis courts, basketball hoops, community garden, trash receptacles and benches. RIVERSIDE PARK TRASH RECEPTACLE Installation of trash receptacles to assist with Riverside Park beautification efforts. MIDDLE VILLAGE COMMUNITY GREEN SPACE After the removal of two blighted homes, a pedestrian path and landscaping was installed providing two safe community gathering spaces. MENOMINEE PARK OUTDOOR EXERCISE EQUIPMENT Installation of outdoor exercise equipment next to the trail following Hazel Street. City of Oshkosh 1 2023 Great Neighborhoods Program 2023 SUBMISSIONS # Project Name Submittal Group 1 Vacant lot – Gathering Space Bent Woods Neighborhood 2 Bus Shelter Stevens Park Neighborhood 3 William Waters Gazebo River East Neighborhood CITY OF OSHKOSH GREAT NEIGHBORHOODS PROGRAM Points Available Points Received Project Concept and Application Quality Project achieves creative and workable solutions 10 Application Includes: Well-defined set of goals 5 Application Includes: Implementation Steps Yes or No 5 Application Includes: Realistic Timeline Yes or No 5 Application Includes: Draft Budget Yes or No 5 Total 30 Neighborhood Benefit Benefit for the neighborhood 2 Demonstration of how the project promotes diversity and inclusiveness (ages, ethnicities, races, incomes, abilities etc.)6 Demonstration of how the project strengthens public health and/or safety 6 Demonstration of how the project strengthens social connections 6 Total 20 Consistency with Existing Plans or Policies Is this project listed within or in conjunction to the City’s 5-Year Capital Improvement Plan?Yes or No 3 Is this project listed within other city plans?Yes or No 3 Is this project listed within a neighborhood plan? Yes or No 3 Total 9 Neighborhood Association Involvement Residents participation is anticipated 3 Collaboration with another community organization 3 Verification of neighborhood support Yes or No 8 Explains intention to privately fundraise Yes or No 1 Has already secured private funds Yes or No 5 Applicant did not apply for GNP funding in previous funding cycle Yes or No 3 Applicant did not apply for GNP funding in previous 2 funding cycles Yes or No 3 Applicant did not apply for GNP funding in previous 3 funding cycles Yes or No 3 Applicant did not apply for GNP funding in previous 4 funding cycles Yes or No 3 Applicant did not apply for GNP funding in previous 5 funding cycles Yes or No 3 This project budget is below $10,000 Yes or No 6 Total 41 TOTAL 100 Applicant did not apply for GNP funding in previous funding cycle because they are a newly recognized neighborhood association Yes or No 10 Located in LMI Area Yes or No 10 GREAT NEIGHBORHOODS PROGRAM SCORING MATRIX 2023 Name of project proposal: If answering 'yes or no', full points must be allocated or not allocated BENT WOODS NEIGHBORHOOD VACANT LOT - GATHERING SPACE Plan Plant Code Plant Common Name Plant Scientific Name (for ordering)Qty.Pot Size Price each Total Price/item Supplier Late Summer/Fall Season MOA Millenium Ornamental Allium Allium 'Medusa'10 #1 gallon or quart -$ McKay or Schmalz AFS Autumn Fire Sedum Hylotelephium spe'ctabile 'Autumn Fire' (syn. Sedum spectabile)8 #1 gallon or quart -$ McKay or Schmalz BWH Berry White Hydrangea Hydrangea paniculata 'Renba'1 Tree-form only! # 7 gallon or larger -$ McKay or Schmalz ABS Autumn Brilliance Serviceberry Amelanchier x grandiflora 'Autumn Brilliance' 1 7' container or BB; Multi-stem tree form only -$ Stuarts or Schmalz NWP Northwind Upright Switchgrass Panicum virgatum 'Northwind'7 #2 gallon 25.99$ 181.93$ Johnsons or McKay AGR American Gold Rush Black-eyed Susan Rudbeckia x 'American Gold Rush'10 #1 gallon or quart -$ Schmalz Winter Season HARB Holmstrup Arborviate Thuya occidentalis 'Holmstrup'10 4' container or BB -$ Stuartz, McKay, Schmalz BX Boxwood 'Little Missy'Buxus microphylla 'Little Missy'1 # 5 gallon container -$ Call around `Spring Season BDPL Dwf. Lilac Bloomerang Dk. Purple Syringa x 'Bloomerang Dark Purple'4 # 5 gallon container -$ -$ Early Summer Season -$ NJT New Jersey Tea Ceanothus americanus 1 # 2 gallon container -$ Prairie Nursery PE Peony 'White Cap'Paeonia 'White Cap'1 Bare root -$ mailorder Mid Summer Season SJH St. John's Wort (Kalm's)Hypericum kalmianum 1 #2 gallon container -$ Johnsons ADL Hybird Daylilies (assorted colors)Hemerocallis x 25 #1 gallon or quart -$ EPW Purple Coneflower PowWow Wild Berry Echinacea purpurea 'PwWow Wild Berry'6 #1 gallon or quart -$ LBC Chameleon Little Bluestem Schizachyrium scoparium 'Chameleon PP31339'6 # 1 gallon 25.99$ 155.94$ McKay RSBJB Dwf. Russian Sage 'Blue Jean Baby Perovski atriplicifolia 'Blue Jean Baby'6 #1 gallon or quart -$ LP Liatris, Prairie Blazing Star Liatris pycnostacha 1 #1 gallon or quart -$ Johnaona CL Canna Lilies (coral and lt. yellow)9 individual rhizomes -$ Steins, mail order Annuals Annuals (assorted annual flowers)-$ Plant Attributes Native or "Nativar"?Notes Low, no pruning needed. Drought tolerant deer-resistant, rich purple flowers in late August. Excellent pollinator plant. If substitution is necessary sub Allium 'Medusa' Tighter growing than the old Autumn Joy sedum, blooms late August and Sept., brighter dusty pink flowers, pollinators like.Sub Hylotelephium spectabile 'Autumn Joy' (Sedum) Hot pink and white flowers, big improvement over old cultivated varieties. Ht. 8', width 6-8'. Upright and well-branched. Sub Hydrangea paniculata 'Vanilla Strawberry' Cream-colored flowers in April; edible small fruit in June, for people or birds, orangy fall color Nativar cross No Substitution allowed Blue-green foliage turns gold in mid-autumn with tiny seedheads, tight upright shape Native No Substitution allowed 24" shorter and more disease-resistant version of Goldsturm. Blooms slightly later. Don't sub Goldsturm. Little Viette Suzy is only ok, but acceptable. Upright, but good winter color Nativar only use boxwood blight resistant varieties small white flowers, good pollinator Native Cherry pink with white center No Low shrub: pollinator friendly, chrome yellow flr blooms in July Native Use mix of early, mid and late No Variety is a better match with the Hydrangea Nativar No Subsitution allowed Variegated pink and green Little Bluestem, outstanding in landscape Nativar No Subsitution allowed Periwinkle long-lasting blooms; upright improved habit No Purple wands, upright habit; monarchs and other pollinators like Yes Treat as annuals No No red or orange Annuals in pinks, purples, whites (eg. Petunias, vinca)No Bent Woods Neighborhood Plan Plant Photos Amelanchier ‘Autumn Brilliance’ Dwarf Lilac ‘Bloomerang Dk. Purple’ New Jersey Tea Purple Coneflower- PowWow Wild Berry STEVENS PARK NEIGHBORHOOD BUS SHELTER RIVER EAST NEIGHBORHOOD WILLIAM WATERS GAZEBO City of Oshkosh 1 2023 Great Neighborhoods Program PROGRAM APPLICATION Neighborhood Association: River East Neighborhood Representative: Kathy Webb Phone number: (920) 235-8487 Email: kwebb1365@gmail.com Amount requested: $80,000 Briefly describe the project/activity, including its purpose, who will manage it, community partners, and start/end dates: The River East Neighborhood Association is requesting funding to fill the remaining gap necessary to construct the gazebo as identified in the adopted William Waters Plaza Plan. The majority of the project has by privately funded; however, a small gap remains to bring the full project to fruition. River East Neighborhood resident leaders have previously worked with Planning Services staff to obtain final design plans for the William Waters Plaza and Gazebo. Possible community partners for this project include the City of Oshkosh Parks and Planning Departments, Oshkosh Public Library, the Landmarks Commission, and the Winnebago County Historical Society. Approval of this request would allow the City to leverage significant private investment and continue implementation of the William Waters Plaza Plan. Scope/Quality/Creativity/Anticipated Outcomes: For a number of years, professional design concepts and plans for the William Waters Gazebo have been created, finalized, and bid for construction. Previously anticipated costs were much lower than they are today. Current construction costs have made the available private funding insufficient. The proposed gazebo’s design and materials are one of a kind, rich in history, unique to Oshkosh, our riverfront and will help fully realize the goal of the William Waters Plaza Plan. Neighborhood Benefit: The completion of this project will build a sense of community in the River East Neighborhood, and City of Oshkosh at large, by providing residents an opportunity to come together around shared assets and history. In addition, this project will further beautify our neighborhood and the downtown area. In fact, these public improvements could prove to be intrinsically and instrumentally valuable in their ability to educate, create jobs, increase real estate value, increase tourism, and build community. Project Readiness: CITY OF OSHKOSH GREAT NEIGHBORHOODS PROGRAM City of Oshkosh 2 2023 Great Neighborhoods Program Upon funding approval, River East residents and Community Development staff will finalize construction contracts and construction could begin yet this summer. Consistency with Existing Plans and Policies: This proposal is consistent with all aspects of the City’s Great Neighborhoods Program and William Waters Plaza Plan. Furthermore, these projects support the City Council’s strategic plan goal of continuing to strengthen neighborhoods by engaging residents and creating investment in neighborhoods. Neighborhood Association Involvement: The River East Neighborhood Association has a core group of resident leaders who are committed to improving their neighborhood. A committee has worked closely with city staff for a number of years finalizing plans and designs for the William Waters Gazebo. BUDGET Project Costs (Please list all cash expenditures required for the project including cost of permits, fees, etc.): The project has been bid and has expected total cost of $370,000. Project Income (Please list all cash available to cover the “Project Costs”. This does not include in-kind matches or donated materials and supplies.): Presently approximately $310,000 in private funding is available. Please list in-kind donations of goods and services: The River East Neighborhood Association has already maintained this space for years, and will continue to do that into the future. In spring, River East residents work with the Parks Department to plant annual flowers at William Waters Plaza. They have also held a number of community events in this space. Application Deadline: June 16, 2023 Before submitting this proposal, please review this application carefully to make sure it is completed in full. Applications must be accompanied with written proof of neighborhood decision making process. Applications that are not filled out completely will not be considered. If you have any questions, please contact City of Oshkosh–Planning Services Division at 920-236-5059. Return completed applications in person or email to: City of Oshkosh Planning Services Division, Room 204 215 Church Avenue, P.O. Box 1130 City of Oshkosh 3 2023 Great Neighborhoods Program Oshkosh, WI 54903-1130 OR Email: bnielsen@ci.oshkosh.wi.us Application Checklist  Pre-Submittal Meeting  Completed Application Form  Proof of Neighborhood Decision Making Process (meeting notes, meeting minutes). TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Ray Maurer D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-514 Authorize 2024 Grant Application - Wisconsin Department of Natural Resources Urban Forestry Grant B A C KGRO UN DBACKGROUND The Wisconsin Department of Natural Resources has grant funds available in 2024 designated for urban forestry projects. The City of Oshkosh meets several criteria for the grant and is eligible to receive these funds, which would be used to replace trees lost due to the Emerald Ash Borer (EAB). A N A L Y SI SANALYSIS The City of Oshkosh Parks Department actively seeks funding to assist with the urban forestry program. This grant would specifically relate to educating the public on proper planting techniques and replacing a limited number of private and public trees lost due to EAB. The private tree replacement would be in conjunction with the Stevens Park Neighborhood Association Rock the Block event. The public trees will be placed in the terraces throughout the city. FI SC A L I M P A CTFISCAL I M P A C T Grant amount requested is $25,000, which would be matched by city funds included in the Forestry Division proposed 2024 operating budgets. REC O M M E N D A TI ONRECOMMENDATION Staff recommends the Common Council approve submitting the grant application. A t t a chment sAttachments RES 23-514 10/10/2023 23-514 RESOLUTION     CARRIED 7-0     PURPOSE: Authorize 2024 Grant Application - Wisconsin Department of Natural Resources Urban Forestry Grant INITIATED BY : Parks Department         WHEREAS, the Wisconsin Department of Natural Resources has made available grant money for urban forestry projects; and     WHEREAS, the City of Oshkosh Parks Department has identified the need to replace trees lost due to the Emerald Ash Borer (EAB) and is requesting a grant agreement to carry out the project, an     WHEREAS, the City is required to provide a monetary match of fifty (50%) percent for grant approval that will be met with budgeted Landscaping Operations Division funds for tree purchases and     WHEREAS, the City hereby attests to the validity and veracity of the statements and representations contained in the grant application. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that City staff is hereby authorized to submit a grant application for a Wisconsin Department of Natural Resources Urban Forestry Grant in the amount of $25,000 to replace trees lost due to the EAB. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to budget a sum sufficient to fully and satisfactorily complete the project and to execute any and all documents required for purposes of the same, including the following:   1.Sign and submit the grant application; 2.Sign a grant agreement between applicant and the DNR 3.Submit interim and/or final reports to the DNR to satisfy the grant agreement 4.Submit a grant reimbursement request to the DNR 5.Sign and submit other required documentation BE IT FURTHER RESOLVED that the proper City officials are and are further authorized and directed, if said grant is awarded, to accept such funds, pursuant to the terms of the grant application and will comply with all local, state, and federal rules, regulations and ordinances relating to this project and the cost-share agreement.   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 :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-515 Approve Special Event - Skogens Festival Foods to Utilize City Streets for the Festival Foods Turkey Trot, November 23, 2023 A t t a chment sAttachments RES 23-515 Turkey Trot Attachment 10/10/2023 23-515 RESOLUTION     CARRIED 7-0     PURPOSE: Approve Special Event - Skogens Festival Foods to utilize City streets for the Festival Foods Turkey Trot, November 23, 2023.   INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that approval is granted to Skogens Festival Foods (Steve Sagmeister) to utilize Ccity streets on Thursday, November 23, 2023  from 7:00 a.m. to 10:30 a.m. for the Festival Foods Turkey Trot 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 Department Staffing $2,468.40 (preliminary estimate includes 18 officer hrs., 3 Supervisor hrs., and 18 CSO hrs.) Equipment / Vehicle Use $96.30 (preliminary estimate included dedicated use of vehicles for 6 hrs.) Supplies / Materials $55 (preliminary estimate includes dedicated use of cones and no parking signs) Street Department Staffing $574.56 (preliminary estimate includes 18 dedicated staff hrs. for the delivery and pick up of barricades and signs) Equipment / Vehicle Use $206.91 (preliminary estimate includes dedicated use of truck and trailer for the delivery and pick up of barricades and signs.) Supplies / Materials $330 (preliminary estimate includes dedicated use of barricades & signs) Fire Department Staffing $646.92 (preliminary estimate includes a dedicated paramedic crew for 4 hrs.) Equipment / Vehicle Use $164.72 (preliminary estimate includes a dedicated ambulance for 4 hrs.)     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 :October 10, 2023 SUB JEC T:SUB JEC T : Res 23-516 Approve Special Event - Cabela's Master's Walleye Circuit (MWC) to Utilize Menominee Park, Millers Bay, Gazebo Area, and Cruiser Docks for the Cabela's MWC Fishing Tournament, May 31 through June 1, 2024 A t t a chment sAttachments RES 23-516 Cabela's MWC Attachment 10/10/2023 23-516 RESOLUTION     CARRIED 7-0     PURPOSE: Approve Special Event - Cabela's Master Walleye Circuit (MWC) to utilize Menominee Park, Millers Bay, gazebo area and cruiser docks for the Cabela's MWC fishing tournament, May 31 thru June 1, 2024. INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that approval is granted to Cabela’s Master Walleye Circuit (MWC) (Robert Cartlidge) to utilize Menominee Park, Millers Bay, gazebo area and cruiser docks Friday, May 31 through Saturday, June 1, 2024 from 5:00 a.m. to 5:00 p.m. daily for the Cabela’s MWC fishing tournament 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 :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-517 Approve Block Party - Dan Braun to Utilize Dale Avenue to Hold a Neighborhood Block Party, October 28, 2023 A t t a chment sAttachments RES 23-517 Braun Block Party Attachment 10/10/2023 23-517 RESOLUTION     CARRIED 7-0     PURPOSE: Approve Block Party - Dan Braun to utilize Dale Avenue to hold a neighborhood block party, October 28, 2023. INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that approval is granted to Dan Braun to utilize Dale Avenue from Grand Street to Mt. Vernon Street on Saturday, October 28, 2023 from 3:30 p.m. to 7:30 p.m. to hold a neighborhood block party in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the block party during any period of emergency order or declaration prohibiting such 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 :Kathy Snell, Special Events Coordinator D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-518 Approve Block Party - Tina Fillmore to Utilize Fox Tail Lane to Hold a Neighborhood Block Party, October 15, 2023 A t t a chment sAttachments RES 23-518 Fillmore Block Party Attachment 10/10/2023 23-518 RESOLUTION     CARRIED 7-0     PURPOSE: Approve Block Party - Tina Fillmore to utilize Fox Trail Lane to hold a neighborhood block party, October 15, 2023. INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that approval is granted to Tina Fillmore to utilize Fox Tail Lane between Hunters Glen Drive and Bernheim Street on Sunday, October 15, 2023 from 1:00 p.m. to 8:00 p.m.to hold a neighborhood block party in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the block party during any period of emergency order or declaration prohibiting such 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 :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-519 Approve Agent Change - Corner Bar & Grill B A C KGRO UN DBACKGROUND Agent Change Combination "Class B" Beer/liquor License Corner Consulting LLC (Corner Bar & Grill) 2090 W 9th Avenue, Oshkosh, WI 54904 A t t a chment sAttachments RES 23-519 10/10/2023 23-519 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE AGENT CHANGE FOR 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 and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and     WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: AGENT CHANGE COMBINATION "CLASS B" BEER/LIQUOR LICENSE (October 11, 2023 - June 30, 2024) Corner Consulting LLC (Corner Bar & Grill) 2090 W 9th Avenue, Oshkosh, WI 54904 Agent: Anthony Mirek   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-520 Approve Appointments to Various Boards and Commissions B A C KGRO UN DBACKGROUND In accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. As vacancies to the City's Boards and Commissions currently exist, the Mayor makes the appointments listed below for consideration by the Common Council. REC O M M E N D A TI ONRECOMMENDATION The Mayor recommends that the Common Council approve the appointments listed below: E xt r a t e r r it oria l Zoning C ommit t e eExtraterritorial Zoning C o mm it t e e DJ Nichols, Alternate 1, term ending 2024 Meredith Scheuermann, Alternate 2, term ending 2025 L ong Ra nge Fina nce C ommit t e eLong Ra nge F ina nce C o mm it t e e Brian Wendt, Appointed to Alternate 1, term ending 2025 A t t a chment sAttachments RES 23-520 LRFC_Wendt Application 10/10/2023 23-520 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS:   EXTRATERRITORIAL ZONING COMMITTEE LONG RANGE FINANCE COMMITTEE INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, in accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointment to the various boards are made by Mayor Matt Mugerauer, as attached hereto, and are hereby approved.   1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Wednesday, August 2, 2023 2:43 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:8/2/2023 2:43:13 PM Board/Commission Long Range Finance Committee (Any other board opening I qualify for) Name (Last, First, Middle) Address City State Zip Brian Edward Wendt 2053 Evans St Oshkosh, WI 54901 Employer Occupation: Fox Valley Savings Bank Business Banker 18 Years of Age or Older Yes Home Phone 414-477-5516 Business Phone 414-477-5516 Email Address bwendt@fvsbank.com Cell Phone 414-477-5516 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: Since 7/24/2023 Education: High School Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: N/A List any potential conflicts of interest: None List City boards, commissions or committiees on which you have served: Years: Waukesha STEM Academy - Treasurer 5 Waukesha County Business Alliance - Ambassador 10 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I was the Treasurer for the Waukesha STEM Academy for 5 years. Please write a concise statement which describes why you wish to serve on the above Board/Commission. I want to help support the community which I live in any way that I can. I am community oriented, and hope to offer assistance where I can show the most value. 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 :October 10, 2023 SUB JEC T:SUB JEC T : Ord 23-521 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 23-521 Custer Ave 10/10/2023 23-521 ORDINANCE   SECOND READING     9/26/2023 23-501 ORDINANCE   FIRST READING     CARRIED 6-1     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) INITIATED BY : Nate Considine, AIA, NCARB, BCP and James Fochs, Oshkosh Area School District   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 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 #23-521 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 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: 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 within3. 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: 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 :October 10, 2023 SUB JEC T:SUB JEC T : Ord 23-522 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 23-522 17 E Parkway 10/10/2023 23-522 ORDINANCE   SECOND READING     9/26/2023 23-502 ORDINANCE   FIRST READING     CARRIED 7-0     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 #23-522 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: 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.  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. 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 i. 4. 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 :October 10, 2023 SUB JEC T:SUB JEC T :Ord 23-523 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 22-523 10/10/2023 23-523 ORDINANCE   SECOND READING     9/26/2023 23-503 ORDINANCE   FIRST READING     CARRIED 7-0     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. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     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 Street 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 #23-523 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 :October 10, 2023 SUB JEC T:SUB JEC T :Ord 23-524 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 23-524 10/10/2023 23-524 ORDINANCE   SECOND READING     9/26/2023 23-504 ORDINANCE   FIRST READING     CARRIED 7-0     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. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     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 #23-524 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 :October 10, 2023 SUB JEC T:SUB JEC T :Ord 23-525 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 23-525 10/10/2023 23-525 ORDINANCE   SECOND READING     9/26/2023 23-505 ORDINANCE   FIRST READING     CARRIED 7-0     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. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     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 #23-525 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 :October 10, 2023 SUB JEC T:SUB JEC T :Ord 23-526 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 23-526 10/10/2023 23-526 ORDINANCE   SECOND READING     9/26/2023 23-506 ORDINANCE   FIRST READING     CARRIED 7-0     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.  NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     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 #23-526 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 :Lynn Lorenson, City Attorney D A TE :D A T E :October 10, 2023 SUB JEC T:SUB JEC T : *Ord 23-527 Repeal Provisions in Chapter 8 of the City Municipal Code Requiring a Junk Dealer License and Amend Provisions Pertaining to Direct Sellers and Solicitors to Include Junk and Scrap Collectors B A C KGRO UN DBACKGROUND Council is being asked to approve an ordinance eliminating provisions for licensing of junk and scrap dealers and to revise the regulations pertaining to persons directly soliciting door-to-door within the City to include junk and scrap dealers. The City Clerk's office is currently responsible for the licensing of junk and scrap dealers and issues very few of these licenses. Last year, Council reviewed and updated the municipal code provisions pertaining to all other types of door-to-door direct solicitors, eliminating the licensing requirements and updating the regulations to reasonably address identified health, safety, and welfare concerns. A N A L Y SI SANALYSIS The proposed ordinance eliminates the requirement for door-to-door junk and scrap dealers to obtain a city license and makes junk and scrap dealers subject to the same regulations as other door-to-door sellers and solicitors. These regulations include prohibitions on solicitation between 9 pm and 9 am, soliciting at residences that are posted for no solicitation, making false representations, impeding traffic, excessive noise and littering, and require solicitors to comply with city and state statutes pertaining to secondhand goods. A clean and redlined version of the ordinance are attached to show the updated language as well as the changes that are proposed. FI SC A L I M P A CTFISCAL I M P A C T There is minimal anticipated fiscal impact associated with the proposed ordinance change. The City Clerk issues very few of these licenses. Each license requires time to be spent by the Clerk's office reviewing the documentation. The value of this time exceeds the $10 license fee collected. REC O M M E N D A TI ONRECOMMENDATION Staff recommends adoption of the ordinance. A t t a chment sAttachments Ord 23-527 Clean version of proposed ordinance changes Redline version of proposed ordinance changes 10/10/2023 23-527 ORDINANCE   FIRST READING                                 PURPOSE: REPEAL PROVISIONS IN CHAPTER 8 OF THE CITY MUNICIPAL CODE REQUIRING A JUNK DEALER LICENSE AND AMEND PROVISIONS PERTAINING TO DIRECT SELLERS AND SOLICITORS TO INCLUDE JUNK AND SCRAP COLLECTORS INITIATED BY : CITY ADMINISTRATION   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 8 OF THE CITY’S MUNICIPAL CODE TO REPEAL THE REQUIREMENT FOR DOOR-TO-DOOR JUNK AND SCRAP COLLECTORS TO OBTAIN A LICENSE AND REQUIRING DOOR-TO-DOOR JUNK AND SCRAP COLLECTORS TO FOLLOW THE REGULATIONS PERTAINING TO DIRECT SOLICITORS  The Common Council of the City of Oshkosh does ordain as follows:     SECTION 1. That Chapter 8 Article X Division 2 of the Oshkosh Municipal Code pertaining to Junk Collectors is hereby repealed.     SECTION 2. That Sections 8-47 and 8-50 of the Oshkosh Municipal Code pertaining to Direct Sellers and Solicitors are hereby recreated to read as shown on the attachment to this ordinance.     SECTION 3. This ordinance shall be in full force and effect from and after its passage, and publication.      SECTION 4.  Publication Notice Please take notice that the City of Oshkosh enacted ordinance #23-XXX REPEAL PROVISIONS IN CHAPTER 8 OF THE CITY MUNICIPAL CODE REQUIRING A JUNK DEALER LICENSE AND AMEND PROVISIONS PERTAINING TO DIRECT SELLERS AND SOLICITORS TO INCLUDE JUNK AND SCRAP COLLECTORS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 8 OF THE CITY’S MUNICIPAL CODE TO REPEAL THE REQUIREMENT FOR DOOR TO DOOR JUNK AND SCRAP COLLECTORS TO OBTAIN A LICENSE AND REQUIRING DOOR TO DOOR JUNK AND SCRAP COLLECTORS TO FOLLOW THE REGULATIONS PERTAINING TO DIRECT SOLICITORS) on October 24, 2023.  The ordinance eliminates the requirement for door-to-door junk and scrap dealers to obtain a city license and makes junk and scrap dealers subject to the same regulations as other door-to-door sellers and solicitors.  These regulations include prohibitions on solicitation between 9 pm and 9 am, soliciting at residences that are posted for no solicitation, making false representations, impeding traffic, excessive noise and littering and require solicitors to comply with city and state statutes pertaining to secondhand goods.  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.    ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-47 DEFINITIONS When used in this Article, the following terms shall have the following meanings: (A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a partnership, association or corporation, who without invitation goes to private homes or businesses for the purpose of selling goods or services; taking orders for the later delivery of goods or services, requesting contributions of time, money, or support for any cause, issue or person; purchasing or collecting scrap metal, furniture, household goods or other scrap materials or goods, and shall include, but not be limited to peddlers, solicitors, transient merchants, charitable contributions, junk collectors, proselytizing, and solicitations for political candidates. SECTION 8-48 RESERVED SECTION 8-49 RESERVED SECTION 8-50 REGULATIONS (A) No Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning; (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented; a) When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance. (6) Failing to display when requested a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, failing to display, when requested to do so by any law enforcement officer, such identification or document. (7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed. (8) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one- hundred (100) foot radius of the source. (9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. (10) Violating any applicable state law, including but not limited to Wis. Stat. Ch. 423 and ATCP 127. Direct Solicitors who engage in the business of lending money on the deposit of any article or jewelry or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a stipulated price or who engages in the business of purchasing or selling secondhand articles as regulated by this Chapter and Section 134.71 of the Wisconsin Statutes governing pawnbrokers, secondhand article and secondhand jewelry dealers must comply with the provisions of this section and Article VIII of this Chapter. ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-47 DEFINITIONS When used in this Article, the following terms shall have the following meanings: (A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a partnership, association or corporation, who without invitation goes to private homes or businesses for the purpose of selling goods or services, ; taking orders for the later delivery of goods or services, or requesting contributions of time, money, or support for any cause, issue or person, ; purchasing or collecting scrap metal, furniture, household goods or other scrap materials or goods, and shall include, but not be limited to peddlers, solicitors, transient merchants, charitable contributions, junk collectors, proselytizing, and solicitations for political candidates. SECTION 8-48 RESERVED SECTION 8-49 RESERVED SECTION 8-50 REGULATIONS (A) No Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning; (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented; a) When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance. (6) Failing to display when requested a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, failing to display, when requested to do so by any law enforcement officer, such identification or document. (6)(7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed. (7)(8) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one- hundred (100) foot radius of the source. (9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. (10) Violating any applicable state law, including but not limited to Wis. Stat. Ch. 423 and ATCP 127. Direct Solicitors who engage in the business of lending money on the deposit of any article or jewelry or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a stipulated price or who engages in the business of purchasing or selling secondhand articles as regulated by this Chapter and Section 134.71 of the Wisconsin Statutes governing pawnbrokers, secondhand article and secondhand jewelry dealerst must comply with the provisions of this section and Article VIII of this Chapter. ARTICLE X. JUNK YARDS AND COLLECTORS DIVISION 1. JUNK YARDS DIVISION 2. JUNK COLLECTORS. SECTION 8-84 LICENSE REQUIRED. No person shall carry on the business of what is commonly called a "junk collector", traveling or going from place to place and house to house, in, upon and along the streets of the City for the purchase of and sale of junk, old rope, iron, brass, copper, zinc, tin, lead, rags, slush, empty bottles, paper, bagging, etc., with any vehicle, without having a license therefor as provided in Section 8-85 for every vehicle used by him in the conduct of his business. SECTION 8-85 GRANTING LICENSE; FEE. (A) The City Manager shall grant licenses to such persons producing satisfactory evidence of good character. (B) Every person licensed as "junk collector" shall pay to the City Clerk the sum of Ten Dollars ($10.00) annually for every vehicle used by him in the conduct of his business. (C) Licenses issued hereunder shall expire on the thirtieth (30th) day of June after its date. SECTION 8-86 TRADE RESTRICTIONS. No "junk collector" shall buy or sell any coins of any description, or any article of gold or silver, or any wearing apparel or any article of household furniture or any implement, tool or utensil in a sound, unbroken or undamaged condition, nor shall such dealer receive in the line of his business any article or thing by the way of pledge or pawn, nor shall he loan or advance any sum of money on the security of any such article or thing. SECTION 8-87 BUYING JUNK FROM UNLICENSED DEALER PROHIBITED . No resident or non-resident of the City shall in said City buy any old rubber, rope, iron, brass, copper, zinc, tin, lead, rags, slush, empty bottles, paper, bagging or junk, except from a dealer duly licensed by the City, unless a license so to do shall have been issued in accordance with the provisions of Division 2 of this Chapter. 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 :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-528 Approve Combination "Class B" Beer/Liquor License - Chili's Grill & Bar B A C KGRO UN DBACKGROUND Combination "Class B" Beer/liquor License Chili's Grill & Bar (Brinker Restaurant Corporation) 1290 S Koeller Street A t t a chment sAttachments RES 23-528 Chili's Supplemental App 10/10/2023 23-528 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE 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 (OCTOBER 11, 2023 - JUNE 30, 2024) NAME, ADDRESS, AND LOCATION OF PREMISES: Chili's Grill & Bar (Brinker Restaurant Corporation)..........................1290 S Koeller Street Agent: James Linderman, 1997 Harrison St #5, Neenah, WI 54956   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 :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-529 Approve Combination "Class B" Beer/Liquor License - Clubhouse B A C KGRO UN DBACKGROUND Combination "Class B" Beer/liquor License Clubhouse (Al-Ghetta Group, LLC) 2049 Witzel Avenue A t t a chment sAttachments RES 23-529 Clubhouse Supplemental App 10/10/2023 23-529 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE 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 (OCTOBER 11, 2023 - JUNE 30, 2024)   NAME, ADDRESS, AND LOCATION OF PREMISES: Clubhouse (Al-Ghetta Group, LLC)................................................2049 Witzel Avenue Agent: Nathan Al-Ghetta, 2301 Indian Point Road, Oshkosh, WI 54901   TO:Honorable Mayor and Members of the Common Council FROM:James Rabe, Director of Public Works DATE:October 10, 2023 SUBJECT:Res 23-530 Approve Amendment No. 3 to Professional Services Agreement with University of Wisconsin-Milwaukee for Archaeological Investigations for Pratt Trail Reconstruction ($169,782) BACKGROUND A professional services agreement with University of Wisconsin-Milwaukee (UWM) for archaeological investigations for the Pratt Trail Reconstruction Project was signed on March 31, 2023. During the course of the Project, it was determined by the State Historical Preservation Office and the Wisconsin Department of Natural Resources that this Project would have an adverse effect to portions of archaeological and uncatalogued burial sites. To minimize impacts to potential burial features, Amendments No. 1 and 2 were approved by Common Council (Council) at the September 12, 2023 Council meeting. Since the approval of these two (2) amendments, it has been determined that there are more archaeological and uncatalogued burial sites than originally anticipated. This amendment's scope of services includes documentation and testing of additional features to determine if burials are present, and excavation and re-internment of the burial features. ANALYSIS Staff have reviewed the scope of services, and find that the costs associated with this scope of services are commensurate with the amount of work to be performed. FISCAL IMPACT The cost of these services is estimated not to exceed $169,782. Funding is available for this agreement in CIP Account #03250610-7216-62010 / Parks Improvement-Land Improvement-Menominee Park. RECOMMENDATION 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 the scopes of services and in accordance with Section 12-16 of the Municipal Code, I am hereby recommending that the Common Council approve this amendment. Attachments RES 23-530 22-18 UWM CA #3 10/10/2023 23-530 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH UNIVERSITY OF WISCONSIN-MILWAUKEE FOR ARCHAEOLOGICAL INVESTIGATIONS FOR PRATT TRAIL RECONSTRUCTION ($169,782) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City and University of Wisconsin-Milwaukee previously entered into an agreement for archaeological investigations for Pratt Trail reconstruction; and      WHEREAS, staff has requested additional services related to this project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to enter into and take those steps necessary to implement an appropriate amended professional services agreement with University of Wisconsin-Milwaukee for archaeological investigations for Pratt Trail reconstruction in the amount of one hundred sixty-nine thousand seven hundred eight-two dollars ($169,782).   Acct. No.   03250610-7216-62010    Parks Improvement-Land Improvement-Menominee Park     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 :October 10, 2023 SUB JEC T:SUB JEC T :Res 23-531 Approval of Acquisition of Industrial Park Land ($995,000) B A C KGRO UN DBACKGROUND City staff routinely analyzes available industrial park land in the City of Oshkosh to ensure that there are a variety of vacant parcels available to meet the needs of businesses looking to grow in the City. City staff closely monitors privately-owned parcels that are adjacent to City properties and are for sale to see if there are any opportunities for industrial park expansion. The two subject parcels located adjacent to the Southwest Industrial Park have been for sale for nearly ten years. Staff has looked at the two parcels in the past due to the location of the property and the frontage along the railroad track operated by Watco. At this time, the City has a limited number of large, shovel-ready parcels to offer businesses. It is crucial that the City has shovel-ready parcels to offer businesses in order to compete with other communities. A N A L Y SI SANALYSIS The City submitted a conditioned offer (that was subsequently accepted) on the acquisition of 40 acres of privately-owned land that is adjacent to the City's Southwest Industrial Park on the south, east and west side, and adjacent to vacant land off of West 20th Avenue on the north side. Contingencies were included in the offer, which require Council approval and the ability to thoroughly investigate the parcels. The property owners have agreed to the proposed purchase price of $24,782 an acre for a total purchase price of $995,000.00. The City intends to combine the parcels with the existing industrial park, which will expand the buildable area in the Southwest Industrial Park and allow the City to offer larger properties to businesses. The parcels will have access to City utilities and the regional stormwater facility. The Southwest Industrial Park is a highly-desirable location for businesses due to the proximity to Interstate 41, State Highway 44, and State Highway 26. FI SC A L I M P A CTFISCAL I M P A C T The subject property is approximately 40 acres in size with a purchase price of $995,000.00. REC O M M E N D A TI ONRECOMMENDATION It is recommended that Council authorizes the purchase of Fantastic Six, LLC parcels for the future expansion of the Southwest Industrial Park. A t t a chment sAttachments RES 23-531 Industrial Park land Acquis 10/10/2023 23-531 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVAL OF ACQUISITION OF INDUSTRIAL PARK LAND ($995,000.00)     INITIATED BY : DEPARTMENT OF COMMUNITY DEVELOPMENT         WHEREAS, the owners of property adjacent to the City’s Southwest Industrial Park, have offered to sell 40+ acres of land to the City for expansion of the Southwest Industrial Park at a purchase price of $24,782 per acre. 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 purchase 40+ acres of land on the south side of West 20th Avenue, east of Compass Way, per the attached map, for expansion of the Southwest Industrial Park, at a purchase price of $24,782 per acre. BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to transfer the sum of Nine Hundred Ninety-Five Thousand AND NO/100 DOLLARS ($995,000) from the Storm Water Utility Fund (0561) to the Industrial Park Land Enterprise Fund (0515-1040) as compensation for the Storm Water Utility’s continuing use of Industrial Park Land to store fill from storm water detention pond projects.   Subject Site Oshkosh City LimitOshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City LimitOshkosh City Limit L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: kellyn 40.1 5 a cre s City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 10/6/2023 1 in = 877 ft 1 in = 0.17 mi¯ 1001020304050607080901001101201301401501601701801902002102202302402502602702802903003103203303403503603703803904004104204304404504604704804905005105205305405505605705805906006106206306406506606706806907007107207307407507607707807908008108208308408508608708808909009109209309409509609709809901,0001,0101,0201,0301,0401,0501,0601,0701,0801,0901,1001,1101,1201,1301,1401,1501,1601,1701,1801,1901,2001,2101,2201,2301,2401,2501,2601,2701,2801,2901,3001,3101,3201,3301,3401,3501,3601,3701,3801,3901,4001,4101,4201,4301,4401,4501,4601,4701,4801,4901,5001,5101,5201,5301,5401,5501,5601,5701,5801,5901,6001,6101,6201,6301,6405 Feet Prepared by: City of Oshkosh, WI SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :October 10, 2023 Fut ur e Work s hop sFuture Wor k s ho p s A. 2024 Budget Workshops, October 30 & 31, 2023, 8:00 AM - 4:30 PM 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 :October 10, 2023 SUB JEC T:SUB JEC T :Professional Services Agreement with Facility Engineering Inc. (FEI) for A/E Services for Waldwic Gallery Build-Out for Oshkosh Public Museum ($35,655.00) B A C KGRO UN DBACKGROUND The Waldwic Gallery (also known as the Multi-Purpose Gallery) in the Oshkosh Public Museum has been planned since 2017. A multi-phased approach to updating permanent exhibition spaces on the second floor called for the renovation of the space, once used for the permanent exhibition "Memories and Dreams," in its second phase. This specific project developed from the growing need for a larger, more flexible gallery space. This 1,970-square-foot area will be used to host staff-curated and national traveling exhibitions. A N A L Y SI SANALYSIS Given Facility Engineering, Inc.'s (FEI) current engagement with the Museum to provide architectural/engineering services for the Museum's loading door project adjacent to the Waldwic Gallery, staff solicited a proposal from the firm for the Waldwic Gallery build-out project. FEI has been engaged in several Museum projects in the last several years, including the Carriage House roof replacement, chimney repairs, building envelope repairs, and more. Their current engagement with the loading door project and masonry repairs allows them to combine site visits and minimize costs with the addition of the Waldwic Gallery project. The tentative timeframe for this project is to bid out the work by early spring 2024 with full completion by fall 2024. The Waldwic Gallery is expected to be open for exhibits by late 2024. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of FEI's cost proposal for these architectural/engineering services is $35,655.00. The current available budget for this project is $460,863.00. Funds for this project are from FY22 CIP funding, ARPA, and an approved transfer of fund savings from a previous project (Resolution 23-352, approved July 11, 2023). These services will be charged to A/N#: 03231070 7214 63170 (Buildings - Museum General Purpose Room). 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, including the services noted above, may be procured without the use of competitive bidding or quotation process. In accordance with Section 12-16 of the Code, I am hereby submitting this report. Please contact me or Museum Director Sarah Phillips if you have any questions concerning this agreement. 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 :October 10, 2023 SUB JEC T:SUB JEC T :Amendment No. 1 to Professional Services Agreement with Donohue and Associates, Inc. for Wastewater Treatment Plant Digester and Headworks Roofs Replacement ($5,560) B A C KGRO UN DBACKGROUND In November 2022, the Department of Public Works reported to the Common Council an agreement with Donohue for engineering design and bidding assistance services for the Wastewater Treatment Plant's Digester and Headworks roofs replacement ("Project"). The Project was sent out for bid at the end of March 2023. Only one (1) bid was received, which was rejected due to the bid of $632,200 exceeding the Project estimate of $275,000. It was decided to re-bid the Project in the fall of 2023 for construction in 2024 in an attempt to receive more favorable bids. A N A L Y SI SANALYSIS The purpose of this amendment is to provide additional services to re-bid this Project. These services include: incorporating the addenda from the first bidding into the plans and specifications; updating the front-end documents to reflect the second public bidding schedule; preparing for and attending a mandatory pre-bid meeting, as well as taking notes and preparing minutes of the meeting; providing support to the City of Oshkosh during the second public bidding; and writing a letter of recommendation for the second bidding. FI SC A L I M P A CTFISCAL I M P A C T Staff has reviewed the amendment and the costs. The cost of this proposed contract amendment is $5,560. This will raise the total agreement amount to $58,220. Funding is available for this contract amendment in CIP Account #03221910-7214-64150/Sewer Capital Fund-Buildings & Building Imprvmts- WWTP Building Improvements. 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, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this amendment. Please contact me if you have any questions concerning this amendment. A t t a chment sAttachments 23-15 Donohue CA #1 Proposal 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 :October 10, 2023 SUB JEC T:SUB JEC T :Halloween Trick-or-Treat Hours: October 31st, 5:00 PM - 7:00 PM 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 :October 10, 2023 SUB JEC T:SUB JEC T :Outstanding Issues A t t a chment sAttachments Outstanding Issues 10.10.23 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 Meeting with stakeholders identified long-term issues that require more review. Staff met with Day By Day on issues associated with new facility and are making various adjustments to address concerns. 12/31/2023 Awaiting scheduling of follow- up meeting with stakeholders. 1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and City day to day operations Staff reporting on Key Performance Indicators 12/31/2023 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.11/28/2023 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 Reviewing latest drafts of proposed agreements. Non-contractual rates approved by Council until new agreements are reached. 11/14/2023 10/10/2023 Council Meeting