HomeMy WebLinkAbout10.24.23 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 24, 2023
**R EVISED
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citymgr@ci.oshkosh.wi.us, or phone 920-236-5002.
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to council@ci.oshkosh.wi.us, (prior to the Council meeting).
A.CALL TO ORDER (6:00 PM)
B.ROLL CALL
C.INVOCATION and VOTING FIRST: Council Member Esslinger
D.PLEDGE OF ALLEGIANCE: Lakeside Elementary and Roosevelt Elementary
E.PRESENTATION: Business Improvement District - Annual Update
F.PUBLIC HEARING / NEW ORDINANCE (NOTE: Items designated with an asterisk * will not be
voted on)
1.*Ord 23-532 Approve Comprehensive Land Use Plan Map Amendment from Light Density
Residential to Community Facility for Property Located at 505 North Westfield Street (Plan
Commission Recommends Approval)
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.)
2.Report of Bills by the Finance Director
3.Receipt & Filing of Meeting Minutes - Common Council 10.10.23
4.Receipt & Filing of Meeting Minutes - Museum, Arts and Culture Board Meeting 09.06.2023
5.Res 23-533 Approve Drainage Easement for Property Located at the West 3500 Block of
Oregon Street (Parcel 1413680500) (Plan Commission Recommends Approval)
6.Res 23-534 Approval of Support to Provide Matching Funds for Wisconsin Department of
Transportation (WisDOT) - Transportation Alternative Program (TAP) Grant for a Multimodal Trail
Development Along the Sawdust District Riverwalk
7.Res 23-535 Approve Amendments to 2023 Business Improvement District (BID) Operating
Budget ($55,845)
8.Res 23-536 Approve Budget Amendment for Community Development Block Grant (CDBG)
Revolving Loan Fund (RLF) ($85,000.00)
9.Res 23-537 Approve Amendment No. 1 to Professional Services Agreement with Strand
Associates, Inc. for Engineering Design Services for Sawyer Creek Rural II Detention Basin
($125,000)
10.Res 23-538 Approve CIP Budget Amendment and Change Order No. 1 for Public Works
Contract No. 23-16 Sawyer Creek Watershed Rural II Detention Basin -- Construction / PTS
Contractors, Inc. (+$1,466,428.50)
11.Res 23-539 Approve Rebuild of Lamson Blower for the Wastewater Treatment Plant from JC
Cross Company ($61,728)
12.Res 23-540 Reject Bid for Public Works Contract No. 23-15 for Wastewater Treatment Plant
Digester and Headworks Roofs Replacement
13.Res 23-541 Award Bid to Olson Trailer & Body LLC for Stainless Steel Dump Body, Hoist and
Hydraulics for the Cemetery Division ($23,626.00)
14.Res 23-542 Approve Agreement for Tourism Services with Oshkosh Convention & Visitors Bureau
15.Res 23-543 Approve Special Event - Downtown Oshkosh Business Improvement District (BID) to
Utilize Opera House Square and Market Street for the Reindeer in the Square Event, December
9, 2023
16.Res 23-544 Approve Special Event - Oshkosh Yacht Club to Utilize Menominee Park Millers Bay
and Boat Launch Parking Lot for the ILYA E Invitational Regatta, July 11 - 13, 2024
17.Res 23-545 Approve Special Event - Oshkosh Yacht Club to Utilize Menominee Park Millers Bay
and Boat Launch Parking Lot for the Oshkosh Yacht Club's (OYC) Extreme Regatta, July 15 &
16, 2024
18.Res 23-546 Approve Special Class "B" Licenses
19.Res 23-547 Approve Agent Change - Oshkosh Food Co-op
I.ITEMS REMOVED FROM CONSENT AGENDA
J.PENDING ORDINANCE
20.Ord 23-548 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)
21.Ord 23-549 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
K.NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on)
22.*Ord 23-550 Approve Zone Change for Properties Located at the 600 Block of North Main Street
and Jefferson Street (Parcels 0402260000, 0402240000, 0402230000, 0402370000, 0402360000,
0402340000, 0402330000, 0402320000, 0402310000, 0402280000, and 0402250000) (Plan Commission
Recommends Approval)
23.*Ord 23-551 Convert the Intersection of Josslyn Street and Adams Avenue from a Yield to a
Two-Way Stop (Transportation Committee Recommends Approval)
L.NEW RESOLUTIONS
24.Res 23-552 Approve General Development Plan and Specific Implementation Plan for Property
Located at the Northwest Corner of Jackson Street and West Snell Road (Parcel 1260010000)
(Plan Commission Recommends Approval)
25.Res 23-553 Provide Direction to Staff Relating to Amendment of Previously Approved Specific
Implementation Plan for Phase I of a Multi-Family Development at the West 3400 Block of Lake
Butte Des Morts Drive
26.Res 23-554 Approve Combination "Class B" Beer/Liquor License - Mr Brews
M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
27.**Council Discussion and Direction to Staff
A. **Board and Commission Attendance Policy (Esslinger)
28.Future Workshops
A. 2024 Budget Workshops, October 30 & 31, 2023, 8:00 AM - 4:30 PM
N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS
29.Recognition of Quarry Park Neighborhood Association
30.Recognition of Sawyer Creek Neighborhood Association
31.Strategic Plan Dashboard Updated for 3rd Quarter
32.Halloween Trick-or-Treat Hours: October 31st, 5:00 PM - 7:00 PM
33.Outstanding Issues
P.ADJOURN
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 24, 2023
SUB JEC T:SUB JEC T :
*Ord 23-532 Approve Comprehensive Land Use Plan Map Amendment from Light Density
Residential to Community Facility for Property Located at 505 North Westfield Street (Plan
Commission Recommends Approval)
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 Light Density Residential land use and 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 0.6-acre commercial property located at the southwest corner
of Taft Avenue and North Westfield Street. The site includes a 4,104 sq. ft. office building and associated
parking area that was previously used as an office for an insurance agent. 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.
A N A L Y SI SANALYSIS
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 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 March 21, 2023. Plan Commission was
supportive of the proposal. A neighborhood meeting was held on August 2, 2023, with no neighbors in
attendance.
Staff is supportive of the proposed land use amendment as the proposed Community Facility land use
designation is consistent with neighboring institutional land uses, specifically Oshkosh West High School
immediately to the east. The proposed Community Facility land use will also be relatively compatible with
the neighboring residential properties to the north, south, and west. Community Facility land uses are
located within many residentially developed areas through the City of Oshkosh.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested Land Use Map Amendment from Light
Density Residential to Community Facility with findings for Property Located at 505 North Westfield Street
on October 17, 2023. Please see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
Ord 23-532
Comp Plan Amend. 505 N Westfield
10/24/2023 23-532 ORDINANCE
FIRST READING
PURPOSE: APPROVE COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FROM LIGHT DENSITY RESIDENTIAL TO
COMMUNITY FACILITY FOR PROPERTY LOCATED AT 505 NORTH WESTFIELD STREET
INITIATED BY : OWNER: Michael J. McClone; APPLICANT: United Church of
God - Oshkosh
PLAN COMMISSION RECOMMENDATION: Approved
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. United Church of God - Oshkosh, Petitioner, is requesting a Comprehensive Land Use Plan Map
Amendment from Light Density Residential to Community Facility for the property located at 505 North
Westfield Street, City of Oshkosh, Winnebago County, Wisconsin.
SECTION 2. The Plan Commission recommended approval 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 hereby approves a Comprehensive Land Use
Plan Map Amendment from Light Density Residential to Community Facility for the property located at 505
North Westfield Street.
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 MAP AMENDMENT FROM LIGHT DENSITY RESIDENTIAL to
COMMUNITY FACILITY FOR PROPERTY located at 505 NORTH WESTFIELD STREET on October 24, 2023. This
ordinance amends the Comprehensive Land Use Plan Map from Light Density Residential to Community
Facility for the property located at 505 North Westfield Street. 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
LIGHT DENSITY RESIDENTIAL TO COMMUNITY FACILITY FOR
PROPERTY LOCATED AT 505 NORTH WESTFIELD STREET
Plan Commission meeting of September 19, 2023
GENERAL INFORMATION
Owner: Michael J. McClone
Applicant: United Church of God - Oshkosh
Actions Requested:
The applicant is requesting an amendment to the Recommended Land Use Map in the
Comprehensive Plan. The subject area is designated for Light Density Residential 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
0.6-acre commercial property located at the southwest corner of Taft Avenue and North
Westfield Street. The site includes a 4,104 sq. ft. office building and associated parking
area that was previously used as an office for an insurance agent. The applicant has
requested to use the site for an indoor institutional use (church). The site is zoned
Suburban Mixed Use district (SMU) and 2040 Comprehensive Land Use Plan has the
property slated for Light Density Residential use.
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 multi-family uses to the north, south, and west, and
Oshkosh West High School and associated athletic facilities to the east.
Subject Site
Existing Land Use Zoning
Vacant Commercial SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Multi-family residential MR-20
South Multi-family residential MR-20
East School/athletic facilities I-PD
West Multi-family residential MR-20
Recognized Neighborhood Organizations
None
Comprehensive Plan
Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Light Density Residential
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
to be used as a general reference tool for determining appropriate future land use and
Subject Site
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 March
21, 2023. Plan Commission was supportive of the proposal. A neighborhood meeting
was held on August 2, 2023, with no neighbors in attendance.
Staff is supportive of the proposed land use amendment as the proposed Community
Facility land use designation is consistent with neighboring institutional land uses,
specifically Oshkosh West High School immediately to the east. The proposed
Community Facility land use will also be relatively compatible with the neighboring
residential properties to the north, south, and west. Community Facility land uses are
located within many residentially developed areas through the City of Oshkosh.
RECOMMENDATION
Comprehensive Land Use Map Amendment:
Staff recommends approval of the requested Land Use Map Amendment from Light
Density Residential to Community Facility for property located at 505 North Westfield
Street with findings that the proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan and is consistent with the surrounding area.
The Plan Commission recommended approval of the Land Use Map
Amendment from Light Density Residential to Community Facility for property located
at 505 North Westfield Street on September 19, 2023. The following is Plan
Commission’s discussion on the item.
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting an amendment to the Recommended Land Use Map in the
Comprehensive Plan. The subject area is designated for Light Density Residential 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. The
subject site is a 0.6-acre commercial property located at the southwest corner of Taft
Avenue and North Westfield Street. The site includes a 4,104 sq. ft. office building and
parking area that was previously used as an office for an insurance agent. The site is
zoned Suburban Mixed Use district (SMU) and 2040 Comprehensive Land Use Plan has
the property slated for Light Density Residential use. The applicant is proposing an
indoor institutional land use which is not consistent with the Comprehensive Plan and
is not permitted in the SMU district. So that use requires a comp Plan amendment and
zone change. The surrounding area consists of multi-family uses to the north, south,
and west, and Oshkosh West High School and their athletic facilities to the east. The
petitioner approached the city about utilizing the existing building on the subject site
for a church and this was brought to a Plan Commission workshop on March 21, 2023.
Plan Commission was supportive of the proposal and it was also brought to a
neighborhood meeting August 2, 2023 of this year with no neighbors attending. Staff is
supportive of the proposed land use amendment as the proposed Community Facility
land use designation is consistent with neighboring institutional land uses, specifically
Oshkosh West High School immediately to the east. The proposed Community Facility
land use will also be relatively compatible with the neighboring residential properties to
the north, south, and west. Community Facility land uses are located within many
residentially developed areas through the city and is consistent with lang use patterns
in the city. Staff recommends approval of the requested land use map amendment from
Light Density Residential to Community Facility for property located at 505 North
Westfield Street with findings that the proposed amendment is consistent with the goals
and objectives of the Comprehensive Plan and is consistent with the surrounding area.
Mr. Perry opened up technical questions to staff.
Mr. Perry asked if the owner/applicant wanted to make any statements.
Michael Kimjerski, 6616 Woodenshoe Road Neenah WI 54956, is representing United
Church of God. In February, 2023, they made an offer to purchase 505 North Westfield,
which was the former McClone Insurance building. The purchase is contingent on a
successful rezone from commercial to religious use. Our attendance is around 35 and
there is adequate parking. There are no plans for changes to the site.
Mr. Perry asked for any public comments.
Mr. Perry closed public comments.
No closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 6-0.
Page 4
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505
TAFT AVTAFT AV
N WESTFIELD ST
N WESTFIELD ST
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L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: katrinam
5 0 5 N W E S T F I E L D S T R E E T
City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 8/21/2023
1 in = 30 ft1 in = 0.0 1 mi¯
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Prepared by: City of Oshkosh, WI
Page 7
COMPREHENSIVE PLAN
AMENDMENT
505 N WESTFIELD STREET
PC: 9-19-2023
MICHAEL J MCCLONE
PO BOX 389
MENASHA WI 54952
SUMMERFIELD APTS LLC
1360 GREENWAY TER
ELM GROVE WI 53122
O. A. SCHOOL DISTRICT
PO BOX 3048
OSHKOSH WI 54903
Page 8
N WESTFIELD ST
TA FT AV
Red ArrowPark
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: 8/21/2023
1 in = 120 ft
1 in = 0.02 mi¯505 N WESTFIELD STREET
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 9
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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: 8/21/2023
1 in = 500 ft
1 in = 0.09 mi¯505 N WESTFIELD STREET
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 10
N WESTFIELD ST
TA FT AV
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 8/21/2023
1 in = 100 ft
1 in = 0.02 mi¯505 N WESTFIELD STREET
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 11
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 24, 2023
SUB JEC T:SUB JEC T :Report of Bills by the Finance Director
B A C KGRO UN DBACKGROUND
The items below are being presented for approval by the Council.
These items have been properly audited and certified by the City Comptroller and are
herewith submitted for your allowance in the amount of $4,974,481.51.
Bills paid October 6 and October 13, 2023 $3,817,084.79
Payroll paid October 13, 2023 $1,157,396.72
A t t a chment sAttachments
10062023 Checkrun
10132023 Checkrun
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
8336 10/06/2023 ADVANCED ASBESTOS REMOVAL INC 4,865.00
8337 10/06/2023 ADVANTAGE POLICE SUPPLY INC 608.00
8338 10/06/2023 AIRGAS USA LLC 6,505.24
8339 10/06/2023 ANTHONY L NEUMANN 36.88
8340 10/06/2023 BADGER LAB & ENGINEERNG CO INC 8,713.40
8341 10/06/2023 CAREW CONCRETE & SUPPLY CO INC 1,522.00
8342 10/06/2023 CINTAS CORPORATION NO 2 869.71
8343 10/06/2023 CINTAS FIRE 636525 717.54
8344 10/06/2023 CORE AND MAIN LP 12,910.00
8345 10/06/2023 IMAGE 360 INC 100.00
8346 10/06/2023 DFI SOLUTIONS IN PRINT INC 4,956.17
8347 10/06/2023 ENTERPRISE LIGHTING LTD 171,516.75
8348 10/06/2023 ENVIROTECH EQUIPMENT 663.71
8349 10/06/2023 ENVISIONINK PRINTING SOLUTIONS INC 1,169.00
8350 10/06/2023 EVOQUA WATER TECHNOLOGIES LLC 10,290.68
8351 10/06/2023 FIRE APPARATUS & EQUIPMENT INC 698.79
8352 10/06/2023 FRANK CONTRACTORS LLC 544.68
8353 10/06/2023 GARROW OIL CORP 26,039.39
8354 10/06/2023 HMH CORP 1,654.90
8355 10/06/2023 HYDRO CORP 6,187.00
8356 10/06/2023 JOHNSON CONTROLS US HOLDINGS LLC 1,666.36
8357 10/06/2023 KEMIRA WATER SOLUTIONS INC 10,193.84
8358 10/06/2023 KL ENGINEERING INC 635.50
8359 10/06/2023 MACHINE SERVICE INC 577.37
8360 10/06/2023 MCC INC 286.00
8361 10/06/2023 MCNEILUS FINANCIAL INC 255,493.00
8362 10/06/2023 MICHELS ROAD AND STONE, INC 137.74
8363 10/06/2023 NORTHEAST ASPHALT INC 910.60
8364 10/06/2023 OSHKOSH CITY CAB CO INC 96,290.50
8365 10/06/2023 OSHKOSH CONVENTION AND VISITORS BUREAU INC 511.83
8366 10/06/2023 PLYMOUTH LUBRICANTS 5,218.90
8367 10/06/2023 PRIMADATA LLC 11,490.32
8368 10/06/2023 QUALITY TRUCK CARE CENTER INC 189.83
8369 10/06/2023 REINDERS INC 9,700.36
8370 10/06/2023 RNOW INC 2,378.38
8371 10/06/2023 NES ECOLOGICAL SERVICES 60,995.32
8372 10/06/2023 SERVICE EXPRESS INC 235.16
8373 10/06/2023 SERVICEMASTER BLDG MAINTENANCE 5,650.00
8374 10/06/2023 SMITHGROUP INC 10,800.00
8375 10/06/2023 SWITCHGEAR POWER SOLUTIONS LLC 10,350.00
8376 10/06/2023 TYLER TECHNOLOGIES INC 4,131.24
8377 10/06/2023 ON TIME EMBROIDERY INC 2,457.00
8378 10/06/2023 VANGUARD COMPUTERS INC 1,102.56
8379 10/06/2023 VINTON CONSTRUCTION INC 182,544.33
8380 10/06/2023 VINTON CONSTRUCTION INC 193,431.55
8381 10/06/2023 WINNEBAGO COUNTY TREASURER 202.50
8382 10/06/2023 WI PUBLIC SERVICE CORP 19,786.17
504660 10/06/2023 N-CON SYSTEMS COMPANY INC 846.00
504661 10/06/2023 ACCU COM INC 5,850.00
504662 10/06/2023 ANDREW J PRICKETT 143.45
504663 10/06/2023 ART CIY SIGNS LLC 3,153.00
504664 10/06/2023 ASSURANCE TITLE SERVICES INC 45.18
504665 10/06/2023 AT & T 235.00
504666 10/06/2023 BOUND TREE MEDICAL LLC 3,940.34
504667 10/06/2023 BRANDON C NIELSEN 318.00
504668 10/06/2023 CARDINAL CONSTRUCTION CO INC 104,116.41
504669 10/06/2023 CARYN BEHLMAN 108.08
504670 10/06/2023 CASEY KOELBL 37.34
504671 10/06/2023 CHRIS HAEDT 36.03
504672 10/06/2023 COMPBASE INC 1,600.00
504673 10/06/2023 CURT KLASKE 35.37
504674 10/06/2023 CYPREXX SERVICES LLC 9.89
504675 10/06/2023 DOA-DIV OF ENERGY HOUSING & COMM RES 996.44
504676 10/06/2023 DRAFT TECH LLC 176.00
504677 10/06/2023 EAST CENTRAL WI REG PLAN COMM 250.00
504678 10/06/2023 EHLERS 6,250.00
504679 10/06/2023 EMMA DZIENGELESKI 73.36
504680 10/06/2023 ENRIQUE ORTEGA 75.98
504681 10/06/2023 FOCUS PROPERTIES LLC 95.11
504682 10/06/2023 GALLS LLC 428.10
504683 10/06/2023 GARTMAN MECHANICAL SERVICES 13,256.42
504684 10/06/2023 GAT TENOR 58.78
504685 10/06/2023 GIZMO OSHKOSH LLC 8,501.16
504686 10/06/2023 GLACIER MOUNTAIN LLC 69.74
504687 10/06/2023 HABITAT FOR HUMANITY OF OSHKOSH INC 31.95
504688 10/06/2023 HENRY SCHEIN INC 10.74
504689 10/06/2023 INTERNATIONAL ECONOMIC DEVELOPMENT COUNCIL 455.00
504690 10/06/2023 JACOB DEDERING 99.56
504691 10/06/2023 JANICE L ROGERS 16.38
504692 10/06/2023 JASON ELLIS 16.38
504693 10/06/2023 JERRY FABISCH 102.84
504694 10/06/2023 JOHN ZARATE 37.99
504695 10/06/2023 JOSHUA FLEMING 43.89
504696 10/06/2023 KENNETH L GRESSER 54.37
504697 10/06/2023 KIM A HARTMAN AND OLD NATIONAL BANK 7,324.91
504698 10/06/2023 KLINK EQUIPMENT 1,271.86
504699 10/06/2023 KODI PARKER 145.41
504700 10/06/2023 THE LEAGUE OF WISCONSIN MUNICIPALITIES 200.00
504701 10/06/2023 LEIGH SCHUH 57.64
504702 10/06/2023 LIVE WIRE COMM LLC 1,079.00
504703 10/06/2023 MARK A ROHLOFF 192.35
504704 10/06/2023 MATTHEW NETT 51.09
504705 10/06/2023 MURPHY DESMOND SC 800.55
504706 10/06/2023 NICOLE KRAHN 115.94
504707 10/06/2023 BRETT BIELEFELD 236.50
504708 10/06/2023 OSHKOSH FOOD COOP 10.00
504709 10/06/2023 Richard Jones 25.00
504710 10/06/2023 Robert Benson 5,592.78
504711 10/06/2023 Roxanne or Ross Poeschl 7.00
504712 10/06/2023 TYLER PATTEN 3,253.25
504713 10/06/2023 POMP'S TIRE SERVICES INC 6,933.14
504714 10/06/2023 AYANNA L PRIESTLEY 58.15
504715 10/06/2023 PUBLIC SERVICE COMMISSION OF WI 13,910.60
504716 10/06/2023 RAILWORKS TRACK SYSTEMS INC 17,000.00
504717 10/06/2023 RIESTERER & SCHNELL INC 49.73
504718 10/06/2023 RYAN BUSCHING 121.18
504719 10/06/2023 SARAH DANAHY 390.00
504720 10/06/2023 SMA CONSTRUCTION SERVICES LLC 541,195.00
504721 10/06/2023 SOUTHSIDE TIRE CO INC 2,655.92
504722 10/06/2023 STRATZS PIANO SERVICE 98.00
504723 10/06/2023 SURE FIRE INC 121,676.00
504724 10/06/2023 THE HOME DEPOT PRO 29.94
504725 10/06/2023 THE HOME DEPOT PRO 142.38
504726 10/06/2023 TITAN PROPERTY MANAGEMENT LLC 80.29
504727 10/06/2023 TODD MUEHRER 23.58
504728 10/06/2023 TOYS FOR TRUCKS INC 1,176.71
504729 10/06/2023 TRUGREEN PROCESSING CENTER 104.12
504730 10/06/2023 UNITED PARCEL SERVICE 84.62
504731 10/06/2023 US CELLULAR 11.25
504732 10/06/2023 US SIGNAL COMPANY LLC 23.82
504733 10/06/2023 VERIZON WIRELESS 120.05
504734 10/06/2023 W A A O 120.00
504735 10/06/2023 WI DEPT OF NATURAL RESOURCES 1,034.00
504736 10/06/2023 WI DEPT OF SAFETY & PRO SVCS 443.00
504737 10/06/2023 WI DEPT OF TRANSPORTATION 7,292.45
2,034,646.69
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
8383 10/13/2023 AECOM INC 5,760.00
8384 10/13/2023 AIRGAS USA LLC 3,340.12
8385 10/13/2023 AUTOMATIC ENTRANCES OF WI INC 548.31
8386 10/13/2023 BAYCOM INC 230.00
8387 10/13/2023 BELSON CO 1,482.60
8388 10/13/2023 BROWN AND CALDWELL 7,693.95
8389 10/13/2023 CASEY M CANADY 37.99
8390 10/13/2023 CHEMTRADE CHEMICALS US LLC 8,045.35
8391 10/13/2023 CINTAS CORPORATION NO 2 637.02
8392 10/13/2023 COMMUNICATIONS ENGINEERING CO 111.30
8393 10/13/2023 CONVERGENT INSURANCE BROKERS, LLC 3,738.28
8394 10/13/2023 CORE AND MAIN LP 1,450.00
8395 10/13/2023 CUBIC ITS INC 42,612.00
8396 10/13/2023 EMPATHIA INC 2,505.60
8397 10/13/2023 ENERGY CONTROL AND DESIGN INC 144.70
8398 10/13/2023 FIRE APPARATUS & EQUIPMENT INC 258.06
8399 10/13/2023 FRANK CONTRACTORS LLC 9,233.84
8400 10/13/2023 GODFREY AND KAHN SC 24,442.10
8401 10/13/2023 GREAT LAKES TESTING INC 2,200.00
8403 10/13/2023 HAWKINS INC 10,692.89
8404 10/13/2023 HUNTER SECURITY AND SURVEILLANCE 14,772.70
8405 10/13/2023 JACOBS ENGINEERING GROUP INC 194,186.35
8406 10/13/2023 JUSTIFACTS CVS INC 1,073.08
8407 10/13/2023 K AND C PEST CONTROL LLC 250.00
8408 10/13/2023 KEMIRA WATER SOLUTIONS INC 10,025.48
8409 10/13/2023 KONE INC 1,409.40
8410 10/13/2023 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 66,010.47
8411 10/13/2023 LEE BEVERAGE 1,004.72
8412 10/13/2023 MACQUEEN EQUIPMENT GROUP 1,652.93
8413 10/13/2023 MCNEILUS FINANCIAL INC 923.11
8414 10/13/2023 MICHELS ROAD AND STONE, INC 2,522.03
8415 10/13/2023 NORTHERN LAKE SERVICE INC 2,358.19
8416 10/13/2023 QUALITY TRUCK CARE CENTER INC 1,165.46
8417 10/13/2023 RED SHOES INC 3,750.00
8418 10/13/2023 NES ECOLOGICAL SERVICES 58,519.77
8419 10/13/2023 STANDARD ELECTRIC SUPPLY CO 5,086.00
8420 10/13/2023 MCCLONE 46,430.00
8422 10/13/2023 TYLER TECHNOLOGIES INC 7,961.46
8423 10/13/2023 WI PUBLIC SERVICE CORP 193,048.62
8424 10/13/2023 WINNEBAGO COUNTY TREASURER 74,142.40
504738 10/13/2023 HAILEY PALMQUIST 193.09
504739 10/13/2023 TRACY JUNGWIRTH 134.14
504740 10/13/2023 ADVANCE CONSTRUCTION INC 96,266.54
504741 10/13/2023 ALEXANDER CHEMICAL CORPORATION 40,183.48
504742 10/13/2023 BOB GRIFFIN CARPENTRY LLC 8,510.00
504743 10/13/2023 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 722,290.50
504744 10/13/2023 BRENDEN BONNETT 427.90
504745 10/13/2023 BRITTNEY MEYER 84.50
504746 10/13/2023 CAP SERVICES INC 1,101.00
504747 10/13/2023 CARDINAL CONSTRUCTION CO INC 3,481.20
504748 10/13/2023 CRAIG A RAMTHUN 41.27
504749 10/13/2023 DORNER COMPANY 5,072.55
504750 10/13/2023 DRIESSEN CARPENTRY 19,038.00
504751 10/13/2023 EHLERS 4,250.00
504752 10/13/2023 FOX VALLEY COMMUNICATIONS LLC 66.00
504753 10/13/2023 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 70.00
504754 10/13/2023 GALLS LLC 3,445.48
504755 10/13/2023 GRAEF USA INC 15,216.50
504756 10/13/2023 GUNDERSON CLEANERS INC 1,695.30
504757 10/13/2023 ROAD EQUIPMENT PARTS CENTER 1,827.50
504758 10/13/2023 HOUSEAL LAVIGNE ASSOCIATES LLC 3,322.50
504759 10/13/2023 JEMAZA PROPERTIES LLC 70.00
504760 10/13/2023 JODI ST CHARLES 26.20
504761 10/13/2023 JOHN ZARATE 245.47
504762 10/13/2023 JOHNSON DONALD OR PATTI 116.90
504763 10/13/2023 A. KALMERTON WELDING SUPPLIES 243.85
504764 10/13/2023 KLINK EQUIPMENT 93.94
504765 10/13/2023 KORTNEY JENKS 58.30
504766 10/13/2023 LANGE ENTERPRISES 3,357.50
504767 10/13/2023 LISA SOSINSKI 47.69
504768 10/13/2023 MARK A ROHLOFF 2,776.66
504769 10/13/2023 MARK L PLOPPER 1,500.00
504770 10/13/2023 MARSHALL J POTTER 200.00
504771 10/13/2023 NORTHEAST WI TECHNICAL COLLEGE 17.00
504772 10/13/2023 ON THE WING 285.00
504773 10/13/2023 ACME WORKS LLC 50.00
504774 10/13/2023 BLUE FROG PROPERTY MGMNT 50.00
504775 10/13/2023 D & M RENTALS LLC 75.00
504776 10/13/2023 NAI PFEFFERLE IBRETA 5,000.00
504777 10/13/2023 RANE INVESTMENTS LLC 50.00
504778 10/13/2023 SMITH SCHOOL LOFTS OSHKOSH LLC 61.00
504779 10/13/2023 TITAN PROPERTY MGMNT 95.00
504780 10/13/2023 TITAN PROPERTY MGMNT 5.00
504781 10/13/2023 CITY OF OSHKOSH 212.50
504782 10/13/2023 CITY OF OSHKOSH UTILITIES 63.89
504783 10/13/2023 PAULA JEAN STEINERT 200.00
504784 10/13/2023 PHIL STEFFENS 77.10
504785 10/13/2023 PREMIER CLOSING SERVICES LLC 23.29
504786 10/13/2023 PRIME SERVICE PROVIDERS INC 407.60
504787 10/13/2023 REALTORS ASSOCIATION OF NORTHEAST WISCONSIN INC 556.00
504788 10/13/2023 RISE LEADERSHIP LLC 5,000.00
504789 10/13/2023 ROBERT REWOLINSKI 15.07
504790 10/13/2023 ROGUE GRAPHX LLC 125.20
504791 10/13/2023 RUSSELL M VAN GOMPEL 15.51
504792 10/13/2023 SRF CONSULTING GROUP INC 4,101.32
504793 10/13/2023 STANARD AND ASSOCIATES INC 415.40
504794 10/13/2023 STREICHER'S 1,383.69
504795 10/13/2023 T MOBILE 7.48
504796 10/13/2023 THE HOME DEPOT PRO 614.89
504797 10/13/2023 THE HOME DEPOT PRO 7.44
504798 10/13/2023 TOYS FOR TRUCKS INC 575.03
504799 10/13/2023 TRUGREEN PROCESSING CENTER 189.65
504800 10/13/2023 UNITED MAILING SERVICE INC 1,101.35
504801 10/13/2023 UNITED PARCEL SERVICE 124.84
504802 10/13/2023 VERIZON WIRELESS 12,017.98
504803 10/13/2023 W A A O 200.00
504804 10/13/2023 WERNER ELECTRIC SUPPLY CO 214.63
504805 10/13/2023 WI DEPT OF NATURAL RESOURCES 2,185.00
504806 10/13/2023 WINNEBAGO COUNTY CLERK OF CIRCUIT COURT 5.00
1,782,438.10
SUB JEC T:SUB JEC T : Receipt & Filing of Meeting Minutes - Common Council 10.10.23
D A TE :D A T E :October 24, 2023
Sub jectSubject
Receipt & Filing of Meeting Minutes - Common Council 10.10.23
A t t a chment sAttachments
10.10.23 CC Minutes
10.10.23 Closed Session Minutes
CITY COUNCIL MINUTES
October 10, 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
CALL TO ORDER: 6:00 PM
ROLL CALL: 6:00 PM
INVOCATION - VOTING FIRST: Council Member Haase
PLEDGE OF ALLEGIANCE: Valley Christian School
PROCLAMATION: White Cane Awareness Day, October 15, 2023
PRESENTATION - TIF Presentation from Zio Pekovic of the Best Western Oshkosh Hotel
PUBLIC HEARING / NEW ORDINANCE (NOTE: Items designated with an asterisk * will not be voted on)
*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)
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.
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.)
Report of Bills by Finance Director
Receipt & Filing of Meeting Minutes - Common Council 9.26.23
Receipt & Filing of Minutes - Library Board 8.31.23
Receipt & Filing of Claim Filed with the City's Insurance Company: Ewing
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)
Res 23-512 Approve Specific Implementation Plan Amendment for Façade and Patio Modifications
Located at 1 North Main Street
Res 23-513 Approve 2023 Great Neighborhoods Capital Improvement Programs Funding in the
Amount of $138,000
Res 23-514 Authorize 2024 Grant Application - Wisconsin Department of Natural Resources Urban
Forestry Grant
Res 23-515 Approve Special Event - Skogens Festival Foods to Utilize City Streets for the Festival Foods
Turkey Trot, November 23, 2023
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
Res 23-517 Approve Block Party - Dan Braun to Utilize Dale Avenue to Hold a Neighborhood Block
Party, October 28, 2023
Res 23-518 Approve Block Party - Tina Fillmore to Utilize Fox Tail Lane to Hold a Neighborhood Block
Party, October 15, 2023
Res 23-519 Approve Agent Change - Corner Bar & Grill
Res 23-520 Approve Appointments to Various Boards and Commissions
APPROVE CONSENT AGENDA
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
ITEMS REMOVED FROM CONSENT AGENDA: None
PENDING ORDINANCE
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)
Motion Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha
Haase
No:Joe Stephenson
6 - 1 Passed
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
Motion Paul Esslinger
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
Ord 23-523 Amend Parking Regulations on North Side of Ripple Avenue from Oregon Street to
Western Terminus (Transportation Committee Recommends Approval)
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
Ord 23-524 Amend Parking Regulations on the West Side of Brown Street from Algoma Blvd to High
Ave (Transportation Committee Recommends Approval)
Motion Mike Ford
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
Ord 23-525 Amend Parking Regulations on Union Avenue at Algoma Boulevard (Transportation
Committee Recommends Approval)
Motion Karl Buelow
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
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)
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
NEW ORDINANCES (NOTE: Items designated with an asterisk * will not be voted on)
*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
NEW RESOLUTIONS
Res 23-528 Approve Combination "Class B" Beer/Liquor License - Chili's Grill & Bar
Motion Karl Buelow
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
Res 23-529 Approve Combination "Class B" Beer/Liquor License - Clubhouse
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
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)
Motion Paul Esslinger
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
Res 23-531 Approval of Acquisition of Industrial Park Land ($995,000)
Motion Paul Esslinger
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
A. 2024 Budget Workshops, October 30 & 31, 2023, 8:00 AM - 4:30 PM
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Professional Services Agreement with Facility Engineering Inc. (FEI) for A/E Services for Waldwic
Gallery Build-Out for Oshkosh Public Museum ($35,655.00)
Amendment No. 1 to Professional Services Agreement with Donohue and Associates, Inc. for
Wastewater Treatment Plant Digester and Headworks Roofs Replacement ($5,560)
Halloween Trick-or-Treat Hours: October 31st, 5:00 PM - 7:00 PM
Outstanding Issues
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.
Motion Lynnsey Erickson
Second LaKeisha Haase
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike
Ford, LaKeisha Haase
7 - 0 Passed
ADJOURN: 6:45 PM
SUBMITTED BY
DIANE BARTLETT
CITY CLERK
OSHKOSH COMMON COUNCIL
CITY HALL, OSHKOSH, WISCONSIN
October 10, 2023, (after regular council meeting) - ROOM 404
CLOSED SESSION MINUTES
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.
CALL TO ORDER BY: Mayor Mugerauer Time: 6:53 PM
Adjourn
M S AYE NAY
HAASE X
ESSLINGER X
ERICKSON X
FORD X
STEPHENSON X
BUELOW X
MUGERAUER X
CARRIED 7
ALSO PRESENT:
Mark Rohloff, Lynn Lorenson, Kelly Nieforth, Mark Lyons, and Diane Bartlett
MEETING ADJOURNED AT: 7:54 PM
Diane Bartlett, City Clerk
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Sarah Phillips, Museum Director
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Receipt & Filing of Meeting Minutes - Museum, Arts and Culture Board Meeting 09.06.2023
A t t a chment sAttachments
9.6.2023 Minutes MAC Board
Minutes of the September 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 1 of 2
Minutes of the September 6, 2023 Board Meeting
(Approved at the October 11, 2023 Board Meeting.)
The September meeting of the Oshkosh Public Museum (OPM) Museum Arts and Culture (MAC)
Board was held Wednesday, September 6, 2023, in the Galena Room of the Museum. Director
Sarah Phillips called the meeting to order at 4:30 p.m.
The roll was taken by Administrative Assistant Theresa Books.
PRESENT AT ROLL: Board Members Becky Doe Brown, Becky Matzke, Drew Mueske, Vicky
Redlin, Council Member Joseph Stephenson, Alternates Erron Hundt and Carrie Olson
ALSO PRESENT: Director Sarah Phillips, Assistant Director/Chief Curator Anna Cannizzo,
Marketing Coordinator Kate Stel, Curator of Education Neal Matherne, and Administrative
Assistant Theresa Books recording the Minutes
There were no citizen statements to the Board and none were received.
Consent Agenda items included:
A. Minutes of the June 1, 2023, Board Meeting
B. July, August and September Bill Lists
C. Receipt and Filing of 2nd Quarter Reports of Museum Funds held at the Oshkosh Area
Community Foundation
MOTION: Approve Consent Resolution Agenda with the understanding that Ms. Books will check
with the Finance Dept. as to why the High Street address doesn’t show as paid on the
August Bill List. (Redlin; second Olson)
CARRIED: Yes (5) Brown, Matzke, Mueske, Redlin, Stevenson
Director Phillips reported that OPM was awarded a grant of $2,000 for the Museum’s second annual
celebration of Día de los Muertos from the Community Arts Fund of the Oshkosh Area Community
Foundation. In addition, for the event Ms. Stel secured a sponsorship of $2,500 from Taqueria. Also,
Director Phillips was pleased to report that the Museum received a donation of $10,000 from the
Donald Hanson Fund at the Oshkosh Area Community Foundation for the Museum to expand
education outreach and programming.
MOTION: That the MAC Board receive the grant, sponsorship and donation with gratitude.
(Redlin; second Matzke)
CARRIED: Yes (5) Brown, Matzke, Mueske, Redlin, Stevenson
Next was discussion regarding details for the new Museum, Arts and Culture Board. First was
conversation regarding what day and time the new Board will meet. After a brief discussion it was
Minutes of the September 6, 2023 Museum Board Meeting
Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901
Page 2 of 2
determined that the Board will meet the second Wednesday of each month at 4:30, with the next
meeting being set for October 11th.
Director Phillips recommended postponing nominations and vote for a Chair and Vice Chair until
the Bylaws are updated and voted on. That way the nominees will know what their responsibilities
will be. The group agreed.
Director Phillips then gave a general orientation regarding the Museum and Board’s role in the OPM
Mission. She noted that in 1924 the Museum was established when Edgar Sawyer donated the house
to the City. The Tiffany-designed interiors are the foundation to the Museum and Strategic Plans
that are being developed to move the mission of the Museum forward. Over the years OPM’s
mission expanded from Oshkosh only to the Winnebago Region. The OPM Board is an advisory
Board to the staff and City Council. Ms. Redlin gave a brief review of how the budgets work and the
benefits of being a department of the City. Director Phillips further noted that the Collections Fund
and Membership Fund are considered Trust Funds and the MAC is responsible for those. The Board
does not have responsibility of determining where the funds are invested; the City Finance
Department does that. Rather, Director Phillips will bring recommendations for Fund uses to the
Board for consideration and approval. She hopes to add another Fund to start investing in public
art. Director Phillips noted that Board Alternates are to attend every meeting and they participate in
all Board Meeting discussions.
Director Phillips then gave the Board a draft copy of the Bylaws, encouraging them to review it over
the coming weeks and to let her know if they have any questions or suggestions. There will be
further discussion about it and a vote at the next meeting. The Board discussed various scenarios of
what the MAC Board will handle in regards to public art. With an understanding that if art is on a
public building or property, this Board will be in the decision making. If it is art on private
property, it will go through City Planning and the Landmarks Commission.
With no other agenda items, Director Phillips asked for a motion to adjourn.
MOTION: Adjourn (Matzke; second Stephenson)
CARRIED: Voice Vote
The meeting adjourned at 5:55 p.m.
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 24, 2023
SUB JEC T:SUB JEC T :Res 23-533 Approve Drainage Easement for Property Located at the West 3500 Block of
Oregon Street (Parcel 1413680500) (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The City of Oshkosh is requesting the acceptance of a storm water drainage easement from Basler
Properties. The subject property is part of and south of Basler Turbo Conversions, 255 W. 35th Avenue,
which operates as an aircraft remanufacturing facility. An unnamed creek flows through the southern
portion of the property, which is part of the Johnson Avenue Watershed. The surrounding area is a large-
scale mix of aviation-related land uses, undeveloped/agricultural uses, and pockets of single-family
developments.
A N A L Y SI SANALYSIS
The proposed easement is sized at approximately 40 feet wide, 100 feet deep, and 4,035 square feet in
area, located over an off-street parking area where the unnamed creek flows from the west through a
culvert to the Oregon Street right-of-way. The easement will allow the City to address drainage issues
related to the creek, the watershed, and the City's storm water management system. This includes
access, survey, construct, dredge, grade, use, operate, maintain, repair, reconfigure or relocate the
water flow and drainage areas within the easement area.
The City Attorney's Office is in the process of finalizing the necessary easement documents. The
Department of Public Works does not have concerns with the proposed easement as they are needed
for continued functionality of storm water facilities in the Johnson Avenue Watershed.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested Drainage Easement for Property
Located at West 3500 Block of Oregon Street (Parcel 1413680500) on October 17, 2023. Please see the
attached staff report and meeting minutes for more information.
A t t a chment sAttachments
RES 23-533
Drainage Easement
10/24/2023 23-533 RESOLUTION
CARRIED 7-0
PURPOSE: ACCEPT DRAINAGE EASEMENT LOCATED AT THE WEST 3500 BLOCK OF OREGON STREET (PARCEL
1413680500)
INITIATED BY : CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby
accepts a drainage Easement Located at the West 3500 Block of Oregon Street (Parcel 1413680500), per
the attached, and the proper City officials are authorized and directed to execute any and all documents
necessary for purposes of same.
ITEM: ACCEPT DRAINAGE EASEMENT LOCATED AT THE WEST 3500
BLOCK OF OREGON STREET (PARCEL 1413680500)
Plan Commission meeting of October 17, 2023
GENERAL INFORMATION
Applicant: City of Oshkosh
Owner: Basler Properties, LLC
Action Requested: The City of Oshkosh is requesting the acceptance of a storm
drainage easement from Basler Properties.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The subject is part of and south of Basler Turbo Conversions, 255 W. 35th Avenue, which
operates as an aircraft remanufacturing facility. An unnamed creek flows through the
southern portion of the property which is part of the Johnson Avenue Watershed. The
surrounding area is a large-scale mix of aviation-related land uses,
undeveloped/agricultural uses and pockets of single-family developments.
ANALYSIS
The proposed easement is sized at
approximately 40 feet wide, 100 feet
deep and 4,035 square feet in area,
located over an off-street parking
area where the unnamed creek flows
from the west through a culvert to
the Oregon Street right-of-way. The
easement will allow the City to
address drainage issues related to the
creek, the watershed and the City’s
storm water management system.
This includes access, survey,
construct, dredge, grade, use,
operate, maintain, repair, reconfigure
or relocate the water flow and
drainage areas within the easement
area.
The City Attorney’s Office is in the process of finalizing the necessary easement
documents. The Department of Public Works does not have concerns with the
proposed easement as they are needed for continued functionality of storm water
facilities in the Johnson Avenue Watershed. Final easement documents signed and
recorded at the Winnebago County
Register of Deeds after approval by
the Common Council.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of the proposed drainage easement as
requested.
The Plan Commission recommended approval of Drainage Easement Located at
the West 3500 Block of Oregon Street (Parcel 1413680500) on October 17, 2023. The
following is Plan Commission’s discussion on the item.
Site Inspections Report: No one reported visiting the site.
Staff report accepted as part of the record.
Proposed Easement Area
The City of Oshkosh is requesting the acceptance of a storm drainage easement from
Basler Properties.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area. The subject is part of and south of
Basler Turbo Conversions, 255 W. 35th Avenue, which operates as an aircraft
remanufacturing facility. An unnamed creek flows through the southern portion of the
property which is part of the Johnson Avenue Watershed. The proposed easement is
sized at approximately 40 feet wide, 100 feet deep and 4,035 square feet in area, located
over an off-street parking area. The easement will allow the City to address drainage
issues related to the creek, the watershed and the City’s stormwater management
system. This includes access, survey, construct, dredge, grade, use, operate, maintain,
repair, reconfigure or relocate the water flow and drainage areas within the easement
area. The City Attorney’s Office is in the process of finalizing the necessary easement
documents. The Department of Public Works does not have concerns with the
proposed easement as they are needed for continued functionality of the creek. Staff is
in support of the proposed easement as requested.
Mr. Perry opened up technical questions to staff.
Ms. Scheuermann asked if this easement takes into consideration any other drainage
issues along the creek or does it simply take care of this issue.
Mr. Gierach stated it will initially help the City work with the County and State as they
are doing the Oregon project next year to install larger storm sewers. The City has done
some modeling efforts in the area and realize the storm sewer has to be upsized so the
County and State can construct the pipe and storm sewer as a part of the project. The
City has long-term plans along this creek to help mitigate flooding and wants to get this
done ahead of the Oregon Street project. You will see some additional easements along
the creek to help facilitate dredging and cleaning up the creek as a whole.
Ms. Scheuermann followed up asking why it needs to be done quickly since the City
has known about the Oregon project for a while.
Mr. Gierach responded there was some miscommunication between the County
engineer and the City. The City thought the County would work through the easements
as part of the State portion of the project, and it ended up the City is doing it. They plan
to get the project completed for full package PS&E in early November.
Mr. Perry asked if the owner/applicant wanted to make any statements. The City of
Oshkosh is owner/applicant.
Mr. Perry asked for any public comments.
No public comments.
Mr. Perry closed public comments.
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.
No discussion on the motion.
Motion carried 7-0
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 24, 2023
SUB JEC T:SUB JEC T :
Res 23-534 Approval of Support to Provide Matching Funds for Wisconsin Department of
Transportation (WisDOT) - Transportation Alternative Program (TAP) Grant for a Multimodal Trail
Development Along the Sawdust District Riverwalk
B A C KGRO UN DBACKGROUND
The City of Oshkosh is seeking support from WisDOT to connect two significant multimodal trail systems in
our region that will greatly benefit multiple redevelopment projects in the Sawdust District. The Tribal
Heritage Crossing and the Wiouwash State Trail are vital segments of the state trail network, multimodal
routes in the city, and to the city's riverwalk trail system. This project is an opportunity to further connect
the city's existing riverwalk to the Tribal Heritage Trail and the Wiouwash State Trail to the Sawdust District
and the forthcoming redevelopment projects.
A N A L Y SI SANALYSIS
Staff will submit an application for the TAP grant for assistance to implement the approved Riverwalk
Plan. The Riverwalk Plan recommends trail development to continue past the Canadian National
Railroad on Pioneer Drive south to the Pioneer Marina breakwater. The east-west segment of the Pioneer
Drive Riverwalk has been constructed and staff would like to start working on the next segment heading
south along Pioneer Drive. Staff will also work with the Canadian National Railroad to ensure the crossing
along the railroad is safe for pedestrians.
If a grant is awarded, design would start in 2024 and construction could start in 2025, depending on
funding and weather conditions.
The program includes federal share for the participating construction cost at 80% and local share of the
participating construction cost at 20% for construction costs.
FI SC A L I M P A CTFISCAL I M P A C T
If the grant is awarded, the City's 20% of matching funds would come from existing Capital Improvement
Program funds.
REC O M M E N D A TI ONRECOMMENDATION
The City Council approves resolution of support for the grant application.
A t t a chment sAttachments
RES 23-534
TAP Grant
10/24/2023 23-534 RESOLUTION
CARRIED 7-0
PURPOSE: RESOLUTION OF SUPPORT TO PROVIDE MATCHING FUNDS FOR WISCONSIN DEPARTMENT OF
TRANSPORTATION - TRANSPORTATION ALTERNATIVE PROGRAM GRANT FOR A MULTIMODAL TRAIL
DEVELOPMENT ALONG THE SAWDUST DISTRICT RIVERWALK
INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, the City of Oshkosh is interested in developing lands for public outdoor recreation purposes;
and
WHEREAS, it is the City’s intent to connect with the existing City of Oshkosh Riverwalk network to continue
to improve pedestrian and bicycle access to the Wiouwash State Trail and Tribal Heritage Trail; and
WHEREAS, if a grant is awarded, the City of Oshkosh will allocate funds in existing Capital Improvement
Program as its 20% match for construction of the multimodal route to connect and expand the Pioneer
Riverwalk and the City of Oshkosh bicycle and pedestrian network.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh if said grant funds are
awarded, the Common Council of the City of Oshkosh will allocate funds for the 20% local match in the
Capital Improvement Program for said purpose.
BE IT FURTHER RESOLVED that if awarded, the City hereby accepts said funds from the Department of
Transportation and the proper officials are hereby authorized and directed to execute any and all
documents necessary for purposes of same, and to carry out all actions necessary to implement the City’s
obligations under the terms of the grant agreement.
City of Oshkosh Riverfront Design Character Guildelines City of Oshkosh Fox River Corridor Riverwalk Plan and Design Guildelines 32
3.0 DESIGN CHARACTER
Figure 3.4F-1
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Riverfront Design Character Guildelines City of Oshkosh Fox River Corridor Riverwalk Plan and Design Guildelines City of Oshkosh 33
3.0 DESIGN CHARACTER
3.4F PIONEER RESORT
The Pioneer Resort is located east of Pioneer Drive on the south shore of
the Fox River, at Lake Winnebago, Figure 3.4F-1. The resort’s marina
facilities are south of the island. Riverwalk components consist of con-
crete walk, boardwalk, rip-rap, steel sheet pile, stainless steel or alumi-
num and wood railing, bollard and pedestrian lights, and landscaping.
Concrete Walk - The Riverwalk is located along the eastern edge of Pio-
neer Drive south to 14th Street and crosses the channel that defi nes the
western boundary of the Pioneer island via a pedestrian bridge and con-
tinues around the entire northern and eastern edges of the island before
again crossing the channel with a second existing high pedestrian bridge
and reconnecting with the Pioneer Drive portion. The new pedestrian
bridge will be designed to allow the continued passage of the “Pioneer
Princess.” For the majority of this distance on the island, the Riverwalk
will be a 12 foot wide hard surface walkway with a 5 foot planting areas
on the land-side edge. The cross section for the Riverwalk maintains 1
foot wide curb edge (typically 6 inches high) along its land base edge, a
12 foot wide clear zone for the walkway, and an additional 3 foot width
of pavement for 6 inch high by 1 foot wide curb edge and bollard lights
along the river’s edge, for a total width of 16 feet, Figure 3.4F-2. Scor-
ing and jointing of the walkway consists of 4 foot squares with periodic
18 inch wide bands occurring every 24 feet on center with the bollard
lights, Figure 3.4F-4. The existing concrete on steel pile deck located on
the north east side of the island is to be incorporated into the Riverwalk
with the concrete walk, curb, and amenity detailing to match, Figure
3.4F-3. In the event of steel sheet pile use along the river’s edge it will
be topped a poured-in-place concrete cap with a 4 inch cantilever.
Bollard and Pedestrian Lights – The pedestrian light will match the fi x-
ture used at the Riverside Park Leach Amphitheater. Pedestrian lights
are spaced approximately 75 feet apart. Primary function of the pedes-
trian light is to provide continuity of the Riverwalk with Riverside Park
as well as providing additional lighting to the walk. Primary walk light-
ing is to be provided by bollard lights located approximately 25½ feet
apart within the handrail system. Visually the bollard fi xture is to play
off the detail of the pedestrian fi xture and handrail design.
Benches – Twelve benches are suggested to be place in groups of two
(six groups total) approximately 160 feet apart along the Riverwalk.
Benches are to be located on the land based side of the Riverwalks fac-
ing the Fox River. Benches are to be placed outside the 12 foot clear
zone of the walk on concrete extensions 4 feet wide and 16 feet long to
accommodate (two) 6 foot benches and space for wheelchair.
Trash Receptacles – Five receptacles are to be evenly located between
the six bench groups along the Riverwalk. Receptacles are to be placed
outside the 12 foot clear zone of the walk on the land based side of the
Riverwalk. The base for the receptacles is to be 4 foot square concrete
pad to match the walk scoring.
Steel Sheet Pile and Rip Rap – The existing edge of Pioneer island is in
poor condition. Both the Rip Rap and sheet pile edges require recon-
struction.
Stainless Steel or Aluminum, and Wood Railing – The standard Riv-
erwalk railing will be used on the new bridge and along the boardwalk
portion of the Riverwalk on Pioneer island.
Landscaping – Landscaping will occur within the 5 foot zone landward
of the concrete walk (12 foot width). Landscape materials should con-
sist of shade trees, native shrubs, and perennials. Shade trees should be
placed 40 feet on center, perennials may be used in combination with
curbs and low walls as a visual and physical separation between resort
and Riverwalk users. Landscape materials selected should require rela-
tively low maintenance and have the ability of survival in extreme con-
ditions.
Figure 3.4F-4
Figure 3.4F-2
Figure 3.4F-3
City of Oshkosh Riverfront Design Character Guildelines City of Oshkosh Fox River Corridor Riverwalk Plan and Design Guildelines 34
3.0 DESIGN CHARACTER
Figure 3.4G-1
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Figure 3.4G-5
Riverfront Design Character Guildelines City of Oshkosh Fox River Corridor Riverwalk Plan and Design Guildelines City of Oshkosh 35
3.0 DESIGN CHARACTER
3.4G PIONEER DRIVE SOUTH
The Riverwalk is along the east edge of Pioneer Drive and continues
south of East 14th Avenue to the southern jetty of the Pioneer Resort
Harbor, Figure 3.4G-1. Riverwalk components consist of hard-surface
walkway, bollard and pedestrian lights, and landscaping.
Hard-Surface Walkway - The cross-section for the Riverwalk along Pio-
neer Drive is a ten-foot wide paved area along the road edge. South of
East 14th Avenue, the pavement will widen to 12 feet and continue out
the jetty, with fi shing areas provided, Figures 3.4G-2,3, and 4. Evalua-
tion of creating a culvert connection between the harbor and lake through
the jetty will also be done as part of the design for this zone.
Landscaping – Maintenance of existing vegetation in this area along the
canal, railroad and jetty to the extent possible given construction needs
is encouraged. Enhancement of screening along the rail road edge and
planting of shade trees along the jetty will be very important. Landscape
materials should consist native canopy trees with the reputation for sur-
viving extreme conditions.
Bollard and Pedestrian Lights - The standard Riverwalk pedestrian lights
to match the fi xtures at Riverside Park Leach Amphitheater at approxi-
mately 75-feet on center will be used along the Pioneer Drive portion of
the Riverwalk and in the parking area south of 14th Street. In addition,
the standard Riverwalk bollard lights will be used along the Riverwalk
south of 14th Street and out the jetty spaced 25½ feet on center.
Benches – Six benches are suggested to be place in groups of two (three
groups total), one near the parking lot along the Riverwalk and two groups
at the end of the breakwall in the pedestrian gathering area. Benches are
to be located on the land based side of the Riverwalks facing the marina
and facing inward at the pedestrian gathering area. Benches are to be
placed outside the 12 foot clear zone of the walk on concrete extensions
4 feet wide and 16 feet long to accommodate (two) 6 foot benches and
space for wheelchair.
Trash Receptacles – Three receptacles are to be evenly located between
the six bench groups along the Riverwalk. Receptacles are to be placed
outside the 12 foot clear zone of the walk on the land based side of the
Riverwalk. The base for the receptacles is to be 4 foot square concrete
pad to match the walk scoring.
Rip-Rap – The existing waters edge and breakwall is random stone with
concrete pour over the top. The existing edge should be removed and
replaced with suitable rip-rap stone, Figures 3.4G-5 and 6.
Figure 3.4G-4
Figure 3.4G-2
Figure 3.4G-3
Figure 3.4G-5
Figure 3.4G-6
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 24, 2023
SUB JEC T:SUB JEC T :Res 23-535 Approve Amendments to 2023 Business Improvement District (BID) Operating
Budget ($55,845)
B A C KGRO UN DBACKGROUND
Council approved the 2023 Business Improvement District (BID) Operating Plan and Budget based on the
BID assessing itself in the amount of $140,610. The BID typically receives revenue throughout the year from
events and sponsorships that donate funds towards events.
A N A L Y SI SANALYSIS
In late 2022, the City applied for a Wisconsin Economic Development Corporation (WEDC) Vibrant
Spaces Grant on behalf of the BID and was awarded the grant in early 2023. The grant expenditures and
revenues were not included in the approved 2023 budget, so a budget amendment is required to
implement the grant activities.
The WEDC grant will fund costs to activate an alley behind North Main Street and along Algoma
Boulevard. New art, lights, and seating will provide an area for events and placemaking in the BID. The
BID has received sponsorships as part of the 50% match for the grant.
FI SC A L I M P A CTFISCAL I M P A C T
The BID is a self-assessing entity and receives no direct City funding for their operating budget, though it
does receive substantial in-kind funding including administration of this grant.
REC O M M E N D A TI ONRECOMMENDATION
Council approves a Budget Amendment to the 2023 Business Improvement District Budget.
A t t a chment sAttachments
RES 23-535
10/24/2023 23-535 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE 2023 BUSINESS IMPROVEMENT DISTRICT BUDGET AMENDMENT
INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT
BID BOARD RECOMMENDATION: Approved
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Downtown
Oshkosh Business Improvement District 2023 Budget is amended in the amount of $55,845.00 be allocated
from Account Number 0209-1030-3460 to the following Account Number 0209-1030-6412.
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 24, 2023
SUB JEC T:SUB JEC T :Res 23-536 Approve Budget Amendment for Community Development Block Grant (CDBG)
Revolving Loan Fund (RLF) ($85,000.00)
B A C KGRO UN DBACKGROUND
Council approved the 2023 CDBG RLF budget based on previous year's expenditures and revenues. The
CDBG RLF funds the City's housing rehab program for low to moderate income residents in the City who
receive loans from the City to rehab their homes. The funding is from previous loans being repaid back
when the home sells and the City receives the balance of the loan back. The original funding for this
program is from the City's annual CDBG allocation. The program also funds emergency rehab projects
such as furnaces, roofs, or other health and safety items for low- to moderate-income residents.
A N A L Y SI SANALYSIS
It is difficult to predict the amount of revenue and expenditures that the fund may have when the City
doesn't know when homes will sell, how many people will apply for loans, and what the loan amounts
may be. This year, the City has received more revenue than anticipated and has been able to approve
additional loans than originally expected, which is beneficial to City of Oshkosh residents and is why a
budget amendment is required. The fund balance has ample funds to support additional projects in the
City, but an amendment is required to transfer those funds to the 2023 budget account.
FI SC A L I M P A CTFISCAL I M P A C T
There is no fiscal impact to the City. There is an ample fund balance to fund additional housing rehab
loans.
REC O M M E N D A TI ONRECOMMENDATION
The Council approves a budget amendment for $85,000 to fund additional housing rehab loan projects.
A t t a chment sAttachments
RES 23-536
10/24/2023 23-536 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE 2023 OPERATING BUDGET AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) REVOLVING LOAN FUND (RLF) FUND ($85,000)
INITIATED BY : COMMUNITY DEVELOPMENT
WHEREAS, the Common Council has adopted the 2023 Operating Budget for the CDBG RLF Fund; and
WHEREAS, the CDBG RLF program has had additional revenues and expenditures in 2023 than anticipated
which is a result of the success of the program.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh of Oshkosh that the 2023
Operating Budget, is hereby amended in the amount of $85,000 allocated from Account Number
0202-0740-3460 to the following Accounts:
$64,000 to Account Number 0202-0740-6412
$20,000 to Account Number 0202-0740-6102
$1,000 to Account Number 0202-0740-16620
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 24, 2023
SUB JEC T:SUB JEC T :
Res 23-537 Approve Amendment No. 1 to Professional Services Agreement with Strand
Associates, Inc. for Engineering Design Services for Sawyer Creek Rural II Detention Basin
($125,000)
B A C KGRO UN DBACKGROUND
The City of Oshkosh was awarded a construction grant from the Wisconsin Department of Natural
Resources (WDNR) Municipal Flood Control Grant Program for the construction of the Sawyer Creek
Watershed Rural II Detention Basin. The approximately 55-acre dry detention basin will have the ability to
store approximately 300 -- 400 acre-feet (approximately 114 million gallons) of storm water and will be
constructed similar to the James Road Detention Basin. A professional services agreement with Strand for
engineering design services for the Sawyer Creek Rural II Detention Basin was awarded by Common
Council (Council) at the November 8, 2022 Council meeting. During the course of the Project, additional
services were requested by City staff.
A N A L Y SI SANALYSIS
These services include: conducting a full topographic survey of the western ditch along Clairville Road
between STH 91 and Compass Way; updating the basin outlet control piping and Clairville Road storm
sewer design to account for WDNR's requirement to outfall above the Sawyer Creek ordinary high-water
mark; communicating with private utilities regarding the reconstruction and grading of Clairville Road;
designing sanitary sewer from West 20th Avenue to the southern Clairville Road reconstruction limits,
including laterals; preparing utility plans for hydrant adjustments and water services along Clairville Road
from West 20th Avenue to the southern reconstruction limits; designing water main and sanitary laterals
from STH 91 to Compass Way; preparing plan and profile drawings; preparing grading, erosion control,
and restoration drawings for the Compass Way Stockpile site and associated coordination; preparing
WDNR permit applications for sanitary sewer and water main extensions; preparing a Wisconsin
Department of Transportation work in the right-of-way permit for the sanitary manhole being placed in
the STH 91 right-of-way; preparing a City annexation description for the lands purchased for the Project;
preparing one (1) certified survey map to create an outlet for a storm water facility and dedicate right-
of-way along Clairville Road; and preparing a description to relocate the easement for Alliant along the
revised property line of the Clark Hill fill site.
FI SC A L I M P A CTFISCAL I M P A C T
Staff has reviewed the amendment and the costs. The amount of this amendment is not to exceed
$125,000. This will raise the total agreement amount to $620,000. Funds for this project are included in the
2022 Capital Improvements Program (Account #03210410-6804-04115/Contract Control-Storm Sewer-21-15
Sawyer Creek Watershed Detent).
REC O M M E N D A TI ONRECOMMENDATION
Chapter 12 of the Municipal Code of the City of Oshkosh (Code) provides that professional services of a
specialized nature, including engineering services, may be procured without the use of formal, sealed
quotes. I have reviewed this amendment and, in accordance with Section 12-16 of the Code, I am
hereby recommending that the Common Council approve the award of this amendment.
A t t a chment sAttachments
RES 23-537
22-09 Strand CA #1
10/24/2023 23-537 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH STRAND ASSOCIATES,
INC. (STRAND) FOR ENGINEERING DESIGN SERVICES FOR SAWYER CREEK RURAL II DETENTION BASIN ($125,000)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City and Strand Associates, Inc. previously entered into an agreement for
Construction-Related Services for the Sawyer Creek Watershed Rural II Detention Basin; 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 Strand Associates, Inc. for Construction-Related
Services for the Sawyer Creek Watershed Rural II Detention Basin in the amount of one hundred twenty-five
thousand dollars ($125,000).
Acct. No. 03210410-6804-04115 Contract Control-Storm Sewer-21-15 Sawyer Creek Watershed Detent
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :
Res 23-538 Approve CIP Budget Amendment and Change Order No. 1 for Public Works
Contract No. 23-16 Sawyer Creek Watershed Rural II Detention Basin -- Construction / PTS
Contractors, Inc. (+$1,466,428.50)
B A C KGRO UN DBACKGROUND
Change Order No. 1 for Contract 23-16 is scheduled for consideration by the Common Council at the
October 24, 2023 meeting. The Contract was originally awarded to PTS Contractors, Inc. in September of
2023. This change order is for additional services requested by the City.
A N A L Y SI SANALYSIS
Following is a summary of the significant changes to each section of the Capital Improvement Program
(CIP):
Storm Water -- The fill placed on the southern 40-acres of the 80-acre Clark Hill Farm was placed
from the James Road Detention Basin Project in 2012. The Project had no requirements for
compaction of the fill. As the City was preparing the bidding documents for the Rural II basin, it was
determined that soil investigations should be completed to ensure the Clark Hill Farm site could
handle the nearly 1.3 million cubic yards of fill that is planned to be placed on it during the Rural II
Project. The soil reports had several delays which caused the bids to be opened on the Rural II
Project at about the same time as the reports were delivered. Ultimately, this work is to stabilize the
nearly 350,000 cubic yards of fill from the James Road Project prior to adding the Rural II fill to the site
so the Clark Hill Farm site can be developed into buildable lots for industrial businesses in the City's
Southwest Industrial Park.
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/
Transferred
Amount
Storm Sewer $1,466,428.50 $13,132,804 $13,592,000
Sanitary Sewer $0.00 $1,382,809 $1,410,694
Water Main $0.00 $407,687 $574,500
Total $1,466,428.50 $14,923,300 $15,577,194
Funding for the storm water portion of this change order is available from CIP projects which have come
in under budget:
$1,040,000 will be transferred from Account No. 03210410-6804-04009 (Contract Control-Storm Sewer-
20-02/21-08 Westowne Area Detn Bsn) to Account No. 03210410-6804-04115 (Contract Control-Storm
Sewer-21-15 Sawyer Creek Watershed Detent).
$290,000 will be transferred from Account No. 03210410-6804-04105 (Contract Control-Storm Sewer-21-
05 Ceape Avenue Reconstruction) to Account No. 03210410-6804-04115 (Contract Control-Storm
Sewer-21-15 Sawyer Creek Watershed Detent).
$170,000 will be transferred from Account No. 03210410-6804-04204 (Contract Control-Storm Sewer-22-
04 Algoma Blvd & Vine Ave Recons) to Account No. 03210410-6804-04115 (Contract Control-Storm
Sewer-21-15 Sawyer Creek Watershed Detent).
$292,000 will be transferred from Account No. 03210410-6804-04009 (Contract Control-Storm Sewer-22-
05 E Lincoln & Rosalia St Recons) to Account No. 03210410-6804-04115 (Contract Control-Storm Sewer-
21-15 Sawyer Creek Watershed Detent).
REC O M M E N D A TI ONRECOMMENDATION
I recommend approval of Change Order No. 1 to Contact No. 23-16 in the amount of +$1,466,428.50 to
PTS Contractors, Inc. and the transfer of CIP funds.
A t t a chment sAttachments
RES 23-538
23-16 CO #1
10/24/2023 23-538 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE CIP BUDGET AMENDMENT AND CHANGE ORDER NO. 1 FOR PUBLIC WORKS CONTRACT
NO. 23-16 SAWYER CREEK WATERSHED RURAL II DETENTION BASIN – CONSTRUCTION / PTS CONTRACTORS, INC.
(+$1,466,428.50)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City previously entered into an Agreement with PTS Contractors, Inc. for Sawyer Creek
Watershed Rural II Detention Basin – Construction; and
WHEREAS, the Common Council has adopted the 2023 Capital Improvement Program and Budget, which
is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS, it is necessary to amend the 2023 Capital Improvement Program Budget to transfer funds for
additional services and adjusted quantities with the project.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Capital
Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows:
o To transfer $1,040,000 from Account No. 03210410-6804-04009 (Contract Control-Storm Sewer-20-02/21-08
Westowne Area Detn Bsn) to Account No. 03210410-6804-04115 (Contract Control-Storm Sewer-21-15 Sawyer
Creek Watershed Detent).
o To transfer $290,000 from Account No. Account No. 03210410-6804-04105 (Contract Control-Storm
Sewer-21-05 Ceape Avenue Reconstruction) to Account No. 03210410-6804-04115 (Contract Control-Storm
Sewer-21-15 Sawyer Creek Watershed Detent).
o To transfer $170,000 from Account No. 03210410-6804-04204 (Contract Control-Storm Sewer-22-04
Algoma Blvd & Vine Ave Recons) to Account No. 03210410-6804-04115 (Contract Control-Storm Sewer-21-15
Sawyer Creek Watershed Detent).
o To transfer $292,000 from Account No. 03210410-6804-04009 (Contract Control-Storm Sewer-22-05 E
Lincoln & Rosalia St Recons) to Account No. 03210410-6804-04115 (Contract Control-Storm Sewer-21-15
Sawyer Creek Watershed Detent).
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following change Order, a
copy of which is attached, is hereby approved:
PTS CONTRACTORS, INC.
4075 Eaton Road
Green Bay, WI 54311
Net Increase to Contract: $1,466,428.50
PURPOSE: See attached Change Order.
Money for this purpose is hereby appropriated from:
Acct. No. 03210410-6804-04115 Contract Control-Storm Sewer-21-15 Sawyer
Creek Watershed Detent
TO: PTS CONTRACTORS CHANGE ORDER #1
4075 EATON ROAD
GREEN BAY, WI 54311
Your present contract with the City of Oshkosh, Contract No. 23-16, awarded September 26, 2023, is hereby amended
and changed as follows:
$1,466,428.50
$1,466,428.50
SECTION I TOTALS
BID TOTAL $10,521,232.00 $10,521,232.00
CO #1 $1,466,428.50 $1,466,428.50
CONTRACT TOTAL $11,987,660.50 $11,987,660.50
CITY OF OSHKOSH
BY:
I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin,
under the within Change Order.
Approved as to form:
City Attorney
DATE: OCTOBER 18, 2023
______________________________
Comptroller
______________________________
Contractor
______________________________
Approved and accepted:
______________________________
City Manager
City Clerk
______________________________
NET INCREASE FOR ADDITIONAL WORK:
NET INCREASE TO CONTRACT:
CONTRACT 23-16 CO #1
ITEM
NUMBER DESCRIPTION UNIT
CONTRACT
QUANTITY
INSTALLED
QUANTITIES
NET
INCREASE
NET
DECREASE
UNIT
PRICE
INCREASE IN
CONTRACT
PRICE
DECREASE IN
CONTRACT
PRICE
1-20000
Excavation and compact
previous fill; complete as
specified
Cubic
Yards 0.00 295,000.00 295000.00 $4.14 $1,221,300.00
1-20001
Dry and compact bottom 1
foot of material; complete as
specified
Cubic
Yards 0.00 55,000.00 55000.00 $1.26 $69,300.00
1-20002
Extra stripping and placing of
topsoil; complete as
specified
Cubic
Yards 0.00 41,140.00 41140.00 $3.15 $129,591.00
1-20003
Extra haul length; complete
as specified
Cubic
Yards 0.00 147,500.00 147500.00 $0.18 $26,550.00
1-20004
Extra pumping and
additional erosion control;
complete as specified Each 0.00 15.00 15.00 $1,312.50 $19,687.50
CO #1 ADDITIONAL WORK (BID ITEMS 1-20000 - 1-20004) - SUBTOTAL: $1,466,428.50 $0.00
NET INCREASE ADDITIONAL WORK: $1,466,428.50
$1,466,428.50NET INCREASE TO CONTRACT:
23-16
Page 2 of 2
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :James Rabe, Director of Public Works
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Res 23-539 Approve Rebuild of Lamson Blower for the Wastewater Treatment Plant from JC
Cross Company ($61,728)
B A C KGRO UN DBACKGROUND
The City of Oshkosh's owned and operated Wastewater Treatment Plant (WWTP) is considered a
conventional secondary treatment facility. Secondary treatment is a method whereby waste is treated
using biological processes. These processes require the supply of air to provide dissolved oxygen in order
for the treatment to occur. The WWTP has a total of five (5) aeration blowers to supply this air. The original
Lamson blowers were installed in the early 1990's. Two (2) of the blowers were upgraded to high
efficiency/high speed turbine Sulzer blowers in 2014. The remaining three (3) are the original Lamson
blowers. The WWTP must run at least one (1) blower continuously; but in many instances, there is a need
to run two (2) blowers. The older Lamson blowers are not compatible with the newer Sulzer blowers;
therefore, if one (1) of the Sulzer blowers is down for maintenance, the staff must revert to the older
system. It is imperative there are at least two (2) blowers available at all times with a third blower in
reserve. Due to the age of the Lamson blowers and continual operational issues, staff began a
preventative maintenance program to systematically remove each blower and have it inspected by a
qualified service technician. This is the second of the three (3) blowers to be assessed.
A N A L Y SI SANALYSIS
The local service technician was unable to fully disassemble and inspect the blower due to the poor
condition of the internal components. The technician had the blower shipped to JC Cross, the nearest
and only authorized repair factory in the Midwest (located in Davenport, Iowa), where they were able to
complete final disassembly and inspection. It was recommended that all the internal components be
replaced, at which point the blower would be returned to Original Equipment Manufacturer
specifications with full balance and run testing. This rehabilitation option was quoted at $61,728 and
includes a one (1) year warranty. The alternative option was to purchase a completely new blower at a
quoted cost of $98,851.25 with an eighteen (18) month warranty period.
FI SC A L I M P A CTFISCAL I M P A C T
The quote from JC Cross is $61,728. Funding for the rehabilitation of this equipment is available from
previously-funded Capital Improvement Projects that have come in under budget (Account #03221910-
7206-64004/Sewer Capital Fund-Capital Construction-Lift Station -- W 28th Ave).
REC O M M E N D A TI ONRECOMMENDATION
Section 12-11 of the Municipal Code of the City of Oshkosh provides that material purchases, when
equipment items are available from only one source of supply, may be approved by the City Manager
without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am
recommending approval regarding the rehabilitation of this equipment.
A t t a chment sAttachments
RES 23-539
JC Cross Quote
10/24/2023 23-539 RESOLUTION
CARRIED 7-0
PURPOSE: Approve Rebuild of Lamson Blower for the Wastewater Treatment Plant from JC Cross Company
(JC Cross) ($61,728)
INITIATED BY : PURCHASING DIVISION
WHEREAS, the Department of Public Works is in need of a rebuild of Lamson Blower for the Wastewater
Treatment Plant; and
WHEREAS, JC Cross Company is the only authorized repair factory in the Midwest.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to
rebuild the blower from:
JC Cross Company (JC Cross)
5328 Tremont Ave
Davenport, IA 52807
Total: $61,728
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an
appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from:
Acct. No. 03221910-7206-64004 Sewer Capital Fund-Capital Construction-Lift
Station – W 28th Ave
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Res 23-540 Reject Bid for Public Works Contract No. 23-15 for Wastewater Treatment Plant
Digester and Headworks Roofs Replacement
B A C KGRO UN DBACKGROUND
The purpose of this Project was to replace the roofs of the Digester and Headworks Buildings of the
Wastewater Treatment Plant (WWTP).
The Department of Public Works worked with Donohue & Associates, Inc. on the design, bid documents,
and cost estimates for this Project. The cost estimate for this Project was $275,000. This was the second
attempt to bid this work. A longer construction time frame was allowed with this current bid.
A N A L Y SI SANALYSIS
Engineering staff received only one (1) bid, which totaled $625,000. This project will be included as part of
a larger WWTP roof replacement project scheduled for 2024. It is anticipated the larger project will draw
more interest and multiple bids will be received.
REC O M M E N D A TI ONRECOMMENDATION
I recommend rejection of the bid for Public Works Contract No. 23-15 for Wastewater Treatment Plant
Digester and Headworks Roofs Replacement.
A t t a chment sAttachments
RES 23-540
23-15 Re-Bid Bid Tab
10/24/2023 23-540 RESOLUTION
CARRIED 7-0
PURPOSE: REJECT BID FOR PUBLIC WORKS CONTRACT NO. 23-15 FOR WASTEWATER TREATMENT PLANT DIGESTER
AND HEADWORKS ROOFS REPLACEMENT
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh advertised for bids for Wastewater Treatment Plant Digester and Headworks
Roofs Replacement; and
WHEREAS, the Department of Public Works worked with Donohue & Associates, Inc. on the design, bid
documents, and cost estimates for this Project; and
WHEREAS, the only bid received was substantially higher than the cost estimates for this project; and
WHEREAS, Section 62.15(5) allows the City to reject bids; and
WHEREAS, it is in the best interests of the City to reject this bid and re-bid the Wastewater Treatment Plant
Digester and Headworks Roofs Replacement project in connection with a larger roof replacement project
for the Wastewater Treatment Plant scheduled for 2024.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council
finds that accepting the bid received for Public Works Contract 23-15 would be against the best interests of
the City and that the appropriate City officials are hereby authorized directed to reject the bid received.
Contract 23-15 - Wastewater Treatment Plant Digester and Headworks Roof Replacement (#8705021)
Owner: Oshkosh WI, City of
Solicitor: Donohue & Associates, Inc.
Bid Opening: 10/16/2023 11:00 AM CDT
Section Title Item Code Item Description UofM Quantity Unit Price Extension
Section 1 $625,000.00
1
Remove two (2)
membrane roofs; install
two (2) new membrane
roofs; and salvage and re-
install HVAC equipment
and appurtenances;
complete as specified Lump Sum 1.00 $625,000.00 $625,000.00
Bid Total:$625,000.00
Rohde Brothers, Inc.
W5745 Woodchuck Lane
Plymouth, WI 53073
C:\Users\tracyt\Downloads\BidWorksheet_8705021_Eval Page 1 of 1 10/16/2023
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Res 23-541 Award Bid to Olson Trailer & Body LLC for Stainless Steel Dump Body, Hoist and
Hydraulics for the Cemetery Division ($23,626.00)
B A C KGRO UN DBACKGROUND
The 2022 and 2023 CIP's allocated a total of $145,000.00 for the Cemetery Division for two, one-axle dump
truck chassis' to be installed with stainless steel dump bodies, hoists, and hydraulics. The two new dump
trucks will replace two older dump trucks (units 486 & 492) that have rusting cabs, bodies, and chassis.
The trucks are used by the Cemetery Division for grounds maintenance and snow removal. Both truck
chassis were purchases via cooperative contracts in 2023 for a total of $95,046.00. This memo is to award
the bid for the stainless steel dump body, hoist, and hydraulics for one of the truck chassis. The same
equipment for the second truck chassis will be solicited at a later date.
A N A L Y SI SANALYSIS
Working with the Public Works Mechanics Manager, Purchasing prepared bid specifications for the
stainless steel dump body, hoist, and hydraulics to be installed on the truck chassis. The bid was posted
on DemandStar. Bids were due October 6, 2023. The bid tab is attached. Based on the bid review, it was
the consensus of staff that the sole bid received met the minimum bid requirements.
FI SC A L I M P A CTFISCAL I M P A C T
The 2022 and 2023 CIP's allocated a total of $145,000.00 to purchase both truck chassis with stainless steel
dump body, hoist, and hydraulics installed. Both truck chassis were purchased prior for a total of
$95,046.00, leaving a balance of $49,954.00 for the stainless steel body and remaining equipment for both
units. The total fiscal impact for the stainless steel dump body, hoist and hydraulics for the Cemetery
Division truck chassis is $23,626.00. This project will be charged to A/N# 03230650 7210 66026 (Motor
Vehicles- Single Axle Dump Trucks).
REC O M M E N D A TI ONRECOMMENDATION
Purchasing recommends the Common Council award this bid to Olson Trailer & Body LLC for $23,626.00.
A t t a chment sAttachments
RES 23-541
Bid Tab Stainless Steel Dump Body
10/24/2023 23-541 RESOLUTION
CARRIED 7-0
PURPOSE: Award Bid to Olson Trailer & Body LLC for Stainless Steel Dump Body, Hoist and Hydraulics for the
Cemetery Division ($23,626.00)
INITIATED BY : PURCHASING DIVISION
WHEREAS, the City of Oshkosh has heretofore advertised for Stainless Steel Dump Body, Hoist and
Hydraulics for the Cemetery Division; and
WHEREAS, upon the opening and tabulation of bids, the following is the only bid:
Olson Trailer & Body LLC
2485 Hutson Road
Green Bay, WI 54303
Total: $23,626.00
WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this
purpose is hereby appropriated from:
Acct. No. 03230650 7210 66026 Motor Vehicles- Single Axle Dump Trucks
BID TAB
STAINLESS STEEL DUMP BODY, HOIST AND HYDRAULICS INSTALLED
ON A 1 TON CHASSIS
BIDS DUE FRIDAY OCTOBER 6, 2023
BIDDER BID DELIVERY TERMS
Olson Trailer & Body LLC
2485 Hutson Road
Green Bay WI 54303
$23,626.00
90 – 12- Days
ARO
Net 30 Days
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 24, 2023
SUB JEC T:SUB JEC T :Res 23-542 Approve Agreement for Tourism Services with Oshkosh Convention & Visitors Bureau
B A C KGRO UN DBACKGROUND
In order to impose a room tax, Wisconsin municipalities must enter into an agreement with a designated
local destination marketing organization ("DMO") to promote local tourism. The Oshkosh Convention and
Visitors Bureau ("CVB") has been the City's designated DMO for many years. The City's room tax
ordinance specifies the amount of room tax that may be allocated to the CVB, allowable convention
center debt, and other city purposes, which the City of Oshkosh uses to fund tourism related activities
paid directly by the City. The City's prior agreement with the CVB, which expired in May 2023, also
included language by which the CVB would commit annually to support retirement of the Convention
Center debt payments to the Oshkosh Area Community Foundation for its 2007 loan to the City. This debt
has now been retired and a new agreement is needed to remove the language regarding those debt
payments and continue the protection of both parties to ensure the continuation of tourism-related
marketing and a dedicated funding source is available to the DMO.
A N A L Y SI SANALYSIS
City Attorney Lorenson has reviewed the previous agreement and made modifications to a new draft
agreement to maintain consistency with our ordinance, state statutes, as well as remove the language
related to the now-retired debt payments. The features of the new agreement are summarized as
follows:
5-year term starting May 1, 2023. The CVB may request renewals to this agreement with a 180-day
notice. The termination clause allows for early termination by either party with a 6-month notice,
except in the case of "good cause," in the event the City wishes to terminate the agreement for
material violations.
Compensation in the form of Room Tax to the CVB is already defined in Section 8-1.1 (B) (1) of the
Municipal Code, in which 60% of room tax proceeds go to the CVB, 20% to the City, and 20% to
Convention Center debt retirement. Please note that the City's use of its room tax proceeds
exceeds requirements of state statutes, as virtually all of our proceeds support tourism-related
activities, such as maintenance of the Convention Center.
Language has been updated to remove references to the prior loan related to the Convention
Center, which has now been paid.
The City and CVB have made strides in recent years to successfully relaunch the Oshkosh Convention
Center and reorganize the funding of the CVB and Convention Center for the betterment of the tourism
community and the City at large. The proposed agreement between the City and the CVB will ensure
that we will continue to address these issues on a proactive basis and keep the City's convention and
tourism industry moving forward. Please contact Attorney Lorenson or me if you have any questions
regarding the proposed agreement.
A t t a chment sAttachments
RES 23-542
CVB Agreement
10/24/2023 23-542 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE AGREEMENT FOR TOURISM SERVICES WITH OSHKOSH CONVENTION & VISITORS BUREAU,
INC.
INITIATED BY : CITY MANAGER'S OFFICE
WHEREAS, the City of Oshkosh and the Oshkosh Convention & Visitors Bureau, Inc. have previously entered
into Agreements for Tourism Services beginning in May 1, 1996 and continuing through the present date;
and
WHEREAS, it is necessary to renew and amend the agreement to extend the agreement for a new
five-year period, and to remove language related to obligations from prior agreements that have since
been satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of
the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps
necessary to implement the renewal and amendment to the Agreement with the Oshkosh Convention &
Visitors Bureau, Inc., in substantially the same form as attached hereto, any changes in the execution copy
being deemed approved by their signatures thereto.
1
AGREEMENT FOR TOURISM SERVICES
WHEREAS, the City of Oshkosh previously established a convention and visitors’
bureau, pursuant to Section 8-1.1(2) of the Oshkosh Municipal Code, for the purposes of
promoting convention and tourism business in the City; and
WHEREAS, the Oshkosh Convention & Visitors Bureau, Inc. was formed as a non-
stock, not-for-profit, private corporation pursuant to Chapter 181 of the Wisconsin
Statutes, to perform the functions of a tourism entity, pursuant to Section
66.0615(1m)(b)1., Wis. Stats.; and
WHEREAS, the City of Oshkosh and the Oshkosh Convention & Visitors Bureau,
Inc. have previously entered into Agreements for Tourism Services beginning in May 1,
1996 and continuing through the present date; and
WHEREAS, it is necessary to renew the existing Agreement for Tourism Services;
and
WHEREAS, the City of Oshkosh and the Oshkosh Convention & Visitors Bureau,
Inc. have agreed that the Oshkosh Convention & Visitors Bureau, Inc. will continue to
function as the designated tourism entity, pursuant to Section 66.0615(1m)(b)1., Wis.
Stats. and the designated direct marketing organization for tourism promotion; and
WHEREAS, it is necessary to renew and amend the current agreement to update
language within the prior agreement to remove references related to a prior loan related
to the Convention Center which has now been paid; and
WHEREAS, the parties intend that the foregoing provisions are contractual in
nature and are not to be construed as mere recitals to this Agreement;
NOW, THEREFORE, IT IS AGREED by and between the City of Oshkosh, a Wisconsin
municipality with its principal offices located at 215 Church Avenue, Oshkosh,
Winnebago County, Wisconsin 54901 (“City”) and the Oshkosh Convention & Visitors
2
Bureau, Inc., Wisconsin, a non-stock, not-for-profit private corporation, with its principal
offices located at 100 North Main Street, Suite 112, Oshkosh, Winnebago County,
Wisconsin 54901 (the “Bureau”), as follows:
1. DESIGNATION. The City hereby designates the Bureau as its “tourism
entity”, pursuant to Section 66.0615 of the Wisconsin Statutes.
2. PURPOSE. The Bureau shall promote convention, tourism and visitor
business for the City, shall provide “tourism” services to and for the City as that term is
defined in Sec. 66.0615(1)(e), Wis. Stats., and shall operate a tourism promotional
program for the City.
3. TERM. The term of this Agreement is five (5) years, first commencing on
May 1, 2023 and ending April 30, 2028, unless sooner terminated as hereinafter provided.
The Bureau may request renewal of this Agreement for additional terms by providing
written notice to the City of the request to renew not less than one hundred eighty (180)
days prior to the expiration of the then current term. The City and the Bureau may
renew this Agreement with such amendments and modifications that the parties may
agree to in writing to include the length of term for each renewal period.
4. EARLY TERMINATION. Either party shall have the right to terminate
this Agreement without cause upon six (6) months prior written notice to the other party.
In the event the party has Good Cause for termination, it shall give written notice thereof
to the other party who shall have fifteen (15) calendar days from receipt of said notice to
take such actions as may be reasonably necessary so as to cure the deficiency as soon as
is reasonably practicable depending on the nature of the deficiency, as described in said
notice. Notice of termination shall be in writing and delivered to the other party. In the
event the party receiving the notice fails to take such actions as may be reasonably
necessary to cure the deficiency within fifteen (15) days from the receipt of said notice or
fails to diligently pursue said actions thereafter, the party giving the notice shall have the
right to terminate this Agreement.
For purposes of this Agreement “Good Cause” shall mean: (i) any intentional act of fraud,
theft, misappropriation or any other material violation of law relating to the performance
of duties under this Agreement; (ii) breach of any material provision of this Agreement;
(iii) the willful or continued failure to substantially perform the obligations of this
Agreement; or (iv) conduct that is demonstrably and materially injurious to the
promotion of tourism in the City of Oshkosh, monetarily or otherwise.
3
5. COMPENSATION. The City shall be solely responsible for the collection
of all Room Tax as permitted by Section 66.0615 of the Wisconsin Statutes. The City shall
pay to the Bureau on a monthly basis that portion of the Room Tax designated under
Oshkosh Municipal Code Sec. 8-1.1(B)(1); provided however, the City shall have the right
to adjust the Bureau’s share of the Room Tax collections based upon the obligation of the
City to pay the operating costs of the Oshkosh Convention Center and any projected
shortfall in debt payment for the Oshkosh Convention Center. In the event that the City
adjusts the Bureau’s share due to these circumstances, the City shall keep an accounting
of the funds withheld from the Bureau and restore the share when the City determines
that it is economically feasible to do so. Nothing contained in this Agreement is intended
to prohibit the Bureau from seeking additional funding from sources other than the City.
6. REPORTS AND AUDITS. The Bureau shall, upon request, provide
written monthly reports to the City Director of Finance of its activities performed under
the terms of this Agreement. The reports shall include an accounting of the Bureau’s
income and expenses in a manner and form agreeable to the parties as approved by the
Director of Finance. In addition, the Bureau shall provide to the City an annual report of
the Bureau’s activities for the previous year and an annual audit, consistent with
acceptable accounting practices, of its finances, to be delivered within ninety (90) days
after the end of the fiscal year.
7. LOGOS AND INSIGNIAS. The City of Oshkosh shall retain full
ownership, and full use rights, of any logo, slogan or insignia, such as the “Oshkosh on
the Water” Insignia. Notwithstanding the foregoing, the Bureau shall have a non -
exclusive license to use such indicia in the ordinary course of its activities on such terms
and conditions as the parties may agree.
The Bureau shall retain full ownership, and full use rights, of any logo and related slogans
or insignia created by or under the direction of the Bureau. Notwithstanding the
foregoing, the Bureau hereby grants the City a non-exclusive license to use such indicia
in the ordinary course of its activities on such terms and conditions as the parties may
agree.
8. INSURANCE. The Bureau shall maintain all insurance coverage, such as
general liability, worker’s and unemployment compensation, directors and officials, fire
and extended, necessary to carry out its duties under this Agreement. Copies of the
current policies shall be provided to the City upon written request.
4
9. INDEMNIFICATION. Subject to any limitations contained in Secs. 893.80,
893.83, 345.05, and any similar statute, of the Wisconsin Statutes, the City agrees to hold
the Bureau, its officers, officials, employees and agents harmless from any and all liability,
including claims, demands, losses, costs, damages, and expenses of every kind and
description (including death), or damages to person or property arising out of the terms
of this Agreement where such liability is founded upon or grows out of the acts or
omissions of any of the City’s officers, employees, volunteers or agents while acting
within the scope of their employment.
Nothing contained within this agreement is intended to be a waiver or estoppel of the
ability of the contracting municipality or its insurer to rely upon the limitations, defenses,
and immunities contained within Wisconsin law, including those contained within
Wisconsin Statues §§ 893.80, 895.52, and 345.05 and that such damage limits, caps and
immunities shall be used to govern all disputes, contractual or otherwise, as they apply
to the parties, their agents, officers and employees. To the extent that indemnification is
available and enforceable, the municipality or its insurer shall not be liable in indemnity
or contribution for an amount greater than the limits of liability for municipal claims
established by Wisconsin Law.
The Bureau agrees to indemnify and hold harmless the City including its council
members, committee and board members, directors, officers, employees, agents,
shareholders, insurers, successors and assigns, from and against any and all claims,
demands, penalties, fines, causes of action, liabilities, settlements, damages, costs and
expenses, including without limitation, attorneys’ and consultants’ fees, investigation
fees, court costs and litigation expenses, and other costs of defense, known or unknown,
contingent or otherwise, arising out of or in any way related to the negligence or
intentional acts of any employee or agent of the Bureau where such liability is founded
upon or grows out of the acts or omission of any of the Bureau’s officers, employees,
volunteers or agents while acting within the scope of their employme nt, including, but
not limited to liability for:
A. Any personal injury or bodily injury (including wrongful death) or
property damage (real or personal);
B. Any lawsuit brought or threatened, settlement reached, or local, state or
federal government or agency order, including, but not limited to claims
costs, liabilities, or expenses, arising under federal, state or local law;
5
C. Any violation of laws, orders, regulations, requirements or demands of any
governmental authorities; and
D. Any breach or violation of any contractual provision of whatever kind with
any third party.
10. DISPUTES AND RESOLUTION. This Agreement shall be construed
pursuant to Wisconsin law.
11. NATURE OF RELATIONSHIP. The Bureau shall be deemed an
independent contractor and shall not indicate or imply that the City has any supervisory
control over the Bureau except as outlined in this Agreement. Nothing in this Agreement
shall constitute or be construed to be or create a partnership or joint venture among the
parties.
12. MEETINGS AND RECORDS POLICY. The Bureau shall conduct its
meetings and allow public access to its records as required by the Policy Statement
attached as Exhibit 1 of this Agreement. The policies set forth in the Policy Statement
may be amended or modified, from time-to-time, by mutual agreement of the City and
the Bureau.
13. NOTICES. Except as otherwise provided for in this Agreement, all notices
shall be in writing and shall be effective when delivered in person to the other party or if
delivered by first class mail, the next business day after the postmark thereof. Notices
shall be delivered as follows:
To the City: To the Bureau:
City of Oshkosh Director, Oshkosh Convention
ATTN: City Manager & Visitors Bureau
215 Church Avenue 100 North Main Street,
Oshkosh, WI 54901 Suite 112
Oshkosh, WI 54901
14. MISCELLANEOUS. This Agreement may not be assigned without the
express written consent of the other party, such consent shall not be unreasonably
withheld. Notwithstanding any provision to the contrary, none of the obligations or
benefits contained within this Agreement shall run to or be enforceable by any party other
than the parties to this Agreement. This Agreement constitutes all of the agreements and
6
understandings of whatever nature or kind existing between the parties, and shall not be
changed or modified except in writing and signed by the duly authorized agents of the
parties. If any provision shall become invalid or unenforceable, the remainder of this
Agreement shall not be affected thereby, and each remaining provision shall be valid and
enforced to the fullest extent permitted by law.
Dated at Oshkosh, Wisconsin, this ____ day of _______________, 2023.
CITY OF OSHKOSH OSHKOSH CONVENTION AND
VISITORS BUREAU, INC.
_______________________________
Mark A. Rohloff, City Manager Elizabeth A. Hartman, Chairperson
_______________________________
Diane Bartlett, City Clerk Secretary-Treasurer
APPROVED AS TO FUNDING:
____________________________
Russ Van Gompel, Finance Director
APPROVED AS TO FORM:
____________________________
Lynn A. Lorenson, City Attorney
7
Policy on Open Meetings
The Oshkosh Area Convention and Visitors’ Board is committed to the policy of open
meetings, except under limited and specific circumstances. It believes that information
about the activities of the Bureau and the decisions of the Bureau’s Board should be
available to the public.
The circumstances where the Board believes that it may not be able to conduct open
meetings are (1) personnel matters, and (2) issues related to complaints by specific private
groups against private businesses or (3) any other reason permitted by the Wisconsin
Open Meetings Law, Wis. Stats. 19.81, et seq.. In these circumstances, rights of privacy,
risks of liability, and issues of proprietary information may outweigh the benefit of full
public disclosure.
Exhibit 1
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 24, 2023
SUB JEC T:SUB JEC T :
Res 23-543 Approve Special Event - Downtown Oshkosh Business Improvement District (BID) to
Utilize Opera House Square and Market Street for the Reindeer in the Square Event, December
9, 2023
A t t a chment sAttachments
RES 23-543
Reindeer in the Square Attachment
10/24/2023 23-543 RESOLUTION
CARRIED 7-0
PURPOSE: Approve Special Event- Downtown Oshkosh Business Improvement District (Bid) to utilize Opera
House Square and Market Street for the Reindeer in the Square event, December 9, 2023
INITIATED BY : City Administration
by the Common Council of the City of Oshkosh that approval is granted to the Downtown Oshkosh BID
(Jessica Meidl) to utilize Opera House Square and Market Street, Saturday, December 9, 2023 from 3:30 p.m.
to 5:30 p.m. for the Reindeer in the Square event, in accordance with the municipal code and the attached
application, with the following exceptions/conditions:
A.An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow
reindeer in the park.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh 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
Streets Department
Staffing $31.92 (preliminary estimate includes 1 hr. of dedicated staff time for delivery / pick up for
barricades)
Equipment / Vehicle Use $22.99 (preliminary estimate includes dedicated vehicle use for delivery / pick up of
barricades for 1 hr.)
Supplies / Materials $22 (preliminary estimate includes use of barricades and signs)
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Res 23-544 Approve Special Event - Oshkosh Yacht Club to Utilize Menominee Park Millers Bay
and Boat Launch Parking Lot for the ILYA E Invitational Regatta, July 11 - 13, 2024
A t t a chment sAttachments
RES 23-544
ILYA E Invitational Regatta Attachment
10/24/2023 23-544 RESOLUTION
CARRIED 7-0
PURPOSE: Approve Special Event - Oshkosh Yacht Club to utilize Menominee Park Millers Bay and boat
launch parking lot for the ILYA E Invitational Regatta, July 11 - 14, 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 Oshkosh Yacht Club (Bill Wyman) to utilize Menominee Park
Millers Bay and boat launch parking lot from 10:00 a.m., Thursday, July 11, 2024 through 3:00 p.m. Sunday,
July 14, 2024 in accordance with the municipal code and the attached application, with the following
exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs
for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the
event during any period of emergency order or declaration prohibiting such an event. Approval of this
event shall not be interpreted to supersede any emergency order or declaration applicable to such an
event and all events shall remain subject to all applicable ordinances, orders, declarations and
requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :
Res 23-545 Approve Special Event - Oshkosh Yacht Club to Utilize Menominee Park Millers Bay
and Boat Launch Parking Lot for the Oshkosh Yacht Club's (OYC) Extreme Regatta, July 15 &
16, 2024
A t t a chment sAttachments
RES 23-545
Extreme Regatta Attachment
10/24/2023 23-545 RESOLUTION
CARRIED 7-0
PURPOSE: Approve Special Event - Oshkosh Yacht Club /to utilize Menominee Park for the Oshkosh Yacht
Club’s (OYC) Extreme Regatta, July 15 & 16, 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 Oshkosh Yacht Club (Bill Wyman) to utilize Menominee Park
(Millers Bay), on Monday, July 15, 2024, from 9:00 a.m. to 5:00 p.m. and Tuesday, July 16, 2024, from 9:00 a.m.
to 3:00 p.m., for the Oshkosh Yacht Club’s Extreme Regatta (sailboat races), in accordance with the
municipal code and the attached application, with the following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs
for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the
event during any period of emergency order or declaration prohibiting such an event. Approval of this
event shall not be interpreted to supersede any emergency order or declaration applicable to such an
event and all events shall remain subject to all applicable ordinances, orders, declarations and
requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Becca Andraschko, Deputy Clerk
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Res 23-546 Approve Special Class "B" Licenses
A t t a chment sAttachments
RES 23-546
10/24/2023 23-546 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE SPECIAL CLASS “B” LICENSES
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews required by city ordinance have been completed; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions
imposed by State Statute for issuance of such license:
ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, and PERSON IN CHARGE:
Masonic Building Association
Event Name: Windows Charity Event
November 8, 2023
5:00pm to 11:00pm
Location: 204 Washington Ave, Oshkosh, WI 54901
Person in Charge: Mark Rutkowski
Masonic Building Association
Event Name: Helping of Hope Charity Event
November 11, 2023
5:00pm to 11:00pm
Location: 204 Washington Ave, Oshkosh, WI 54901
Person in Charge: Mark Rutkowski
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 24, 2023
SUB JEC T:SUB JEC T :Res 23-547 Approve Agent Change - Oshkosh Food Co-op
A t t a chment sAttachments
RES 23-547
10/24/2023 23-547 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION "CLASS A" 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 A" BEER/LIQUOR LICENSE
(October 25, 2023 - June 30, 2024)
Oshkosh Food Co-op (Oshkosh Food Cooperative)
155 Jackson Street, Suite 101, Oshkosh, WI 54901
Agent: Kyle Langlitz
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 24, 2023
SUB JEC T:SUB JEC T :
Ord 23-548 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 23-548
425 North Washburn Street
10/24/2023 23-548 ORDINANCE
SECOND READING
10/10/2023 23-510 ORDINANCE
FIRST READING
CARRIED 7-0
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)
AS AMENDED BELOW
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:
The proposed amendment will not be detrimental to property in the immediate vicinity or to the
community as a whole
1.
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
2.
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 #23-548
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
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Prepared by: City of Oshkosh, WI
Printing Date: 8/15/2023
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City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
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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
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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 :Lynn Lorenson, City Attorney
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :
Ord 23-549 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 23-549
Clean version of proposed ordinance changes
Redline version of proposed ordinance changes
10/24/2023 23-549 ORDINANCE
SECOND READING
10/10/2023 23-527 ORDINANCE
FIRST READING
CARRIED 7-0
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 #23-549
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: 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 :Mark Lyons, Planning Services Manager
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :
*Ord 23-550 Approve Zone Change for Properties Located at the 600 Block of North Main
Street and Jefferson Street (Parcels 0402260000, 0402240000, 0402230000, 0402370000,
0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, and
0402250000) (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The applicants request a zone change from the existing Two Flat Residential-10 District with Planned
Development Overlay (TR-10-PD) and Urban Mixed Use (UMU) District to Urban Mixed Use District with
Planned Development Overlay (UMU-PD) for properties located at the east 600 block of North Main
Street and the west 600 block of Jefferson Street. The subject area consists of one developed lot (656
North Main Street) and two vacant lots along the 600 block of North Main Street currently zoned UMU and
eight vacant lots located along the west side of the 600 block of Jefferson Street currently zoned TR-10-
PD. The Jefferson Street lots were former single-family homes that were razed after acquisition by the
Oshkosh Redevelopment Authority. The surrounding area consists primarily of commercial uses along
North Main Street and low-density residential to the east of the subject sites. The 2040 Comprehensive
Land Use Plan recommends Center City uses for the subject area.
A N A L Y SI SANALYSIS
Earlier this year, the City of Oshkosh Redevelopment Authority issued a request for proposals for
redevelopment of parcels owned along Jefferson Street and North Main Street. The Redevelopment
Authority selected Commonwealth Development Corporation's proposal to redevelop the site.
Commonwealth's proposal included properties along North Main Street not owned by the
Redevelopment Authority. On September 26, 2023, Common Council approved the Redevelopment
Authority's acquisition of those parcels. The next step in preparing the property for redevelopment is to
get all parcels under common zoning so that they can be combined into a single redevelopment parcel.
This request is intended to provide appropriate zoning for future redevelopment of the properties and to
allow them to be combined.
Staff is supportive of the proposed zone change to UMU-PD as this zoning designation is consistent with
the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject area. The
proposed UMU-PD zoning will also be consistent with the goals and objectives of the City of Oshkosh
zoning ordinance and City of Oshkosh's housing needs assessment.
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 October 17, 2023 Plan Commission meeting involved discussion related to the proposed zone change
and potential future redevelopment of the site. During the meeting, Plan Commission members discussed
the zone change process, City involvement in redevelopment projects, and the WHEDA tax credit
application processes. During the hearing, some Plan Commission members also raised concerns related
to City involvement in redevelopment projects and the appropriateness of the zone change at this time.
The attached minutes provide further information related to the discussion during the meeting.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested zone change with findings for properties
located at the 600 Block of North Main Street and Jefferson Street (Parcels 0402260000, 0402240000,
0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, and
0402250000) on October 17, 2023. Please see the attached staff report and meeting minutes for more
information.
A t t a chment sAttachments
Ord 23-550
Zone Change N.Main
10/24/2023 23-550 ORDINANCE
FIRST READING
PURPOSE: APPROVE ZONE CHANGE FROM TWO FLAT RESIDENTIAL-10 WITH PLANNED DEVELOPMENT OVERLAY
(TR-10-PD) AND URBAN MIXED USE (UMU) DISTRICTS TO URBAN MIXED USE WITH PLANNED DEVELOPMENT
OVERLAY (UMU-PD) FOR PROPERTIES LOCATED AT THE 600 BLOCK OF NORTH MAIN STREET AND JEFFERSON
STREET (PARCELS 0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000,
0402320000, 0402310000, 0402280000, AND 0402250000)
INITIATED BY : APPLICANT: DEPARTMENT OF COMMUNITY DEVELOPMENT OWNERS:
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH AND HOOPMAN & CO.
DOWNTOWN, 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 the 600 Block of North Main Street and Jefferson Street (Parcels 0402260000, 0402240000, 0402230000,
0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, and 0402250000)
from Two Flat Residential-10 with Planned Development Overlay (TR-10-PD) and Urban Mixed Use (UMU)
Districts to Urban Mixed Use with Planned Development Overlay (UMU-PD).
ZONE CHANGE FROM URBAN MIXED USE (UMU) AND TWO FLAT RESIDENTIAL-10 WITH PLANNED DEVELOPMENT
OVERLAY (TR-10-PD) TO URBAN MIXED USE WITH PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTIES
LOCATED AT THE EAST 600 BLOCK OF N. MAIN STREET AND WEST 600 BLOCK OF JEFFERSON STREET (PARCELS
90402260000, 90402240000, 90402230000, 90402370000, 90402360000, 90402340000, 90402330000, 90402320000,
90402310000, 90402280000 & 90402250000) UMU TO UMU-PD (PARCELS 90402260000, 90402240000 &
90402230000):
BEING LOT 1 OF CERTIFIED SURVEY MAP 5872 RECORDED AS DOCUMENT NUMBER 1394260, WINNEBAGO
COUNTY REGISTER OF DEEDS, THE WEST ½ OF LOT 3, BLOCK 72 OF LEACH’S PLAT OF 1894, AND ½ OF THE
ADJACENT RIGHT-OF-WAY OF N. MAIN STREET, ALL LOCATED IN THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF
SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
TR-10-PD TO UMU-PD (PARCELS 90402370000, 90402360000, 90402340000, 90402330000, 90402320000,
90402310000, 90402280000 & 90402250000):
BEING LOT 2 OF CERTIFIED SURVEY MAP 5872 RECORDED AS DOCUMENT NUMBER 1394260, WINNEBAGO
COUNTY REGISTER OF DEEDS, THE EAST ½ OF LOTS 3, 5, 6, 7 & 8, BLOCK 72 OF LEACH’S PLAT OF 1894, AND ½ OF
THE ADJACENT RIGHT-OF-WAY OF JEFFERSON STREET, ALL LOCATED IN THE NORTHEAST ¼ OF THE NORTHWEST ¼
OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #23-xxx
APPROVE ZONE CHANGE FROM TWO FLAT RESIDENTIAL-10 WITH PLANNED DEVELOPMENT OVERLAY (TR-10-PD)
AND URBAN MIXED USE (UMU) DISTRICTS TO URBAN MIXED USE WITH PLANNED DEVELOPMENT OVERLAY
(UMU-PD) FOR THE PROPERTY LOCATED AT THE 600 BLOCK OF NORTH MAIN STREET AND JEFFERSON STREET
(PARCELS 0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000,
0402320000, 0402310000, 0402280000, AND 0402250000) on October 24, 2023. This ordinance changes the
zoning located at the 600 Blocks of North Main Street and Jefferson Street (Parcels 0402260000, 0402240000,
0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, and
0402250000) from Two Flat Residential-10 with Planned Development Overlay (TR-10-PD) and Urban Mixed
Use (UMU) Districts to Urban Mixed Use with Planned Development Overlay (UMU-PD). The full text of the
Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at
www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
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 the 600 Block of North Main Street and Jefferson Street (Parcels 0402260000,
0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000,
0402280000, and 0402250000) from Two Flat Residential-10 with Planned Development Overlay (TR-10-PD) and
Urban Mixed Use (UMU) Districts to Urban Mixed Use with Planned Development Overlay (UMU-PD), per the
attached, is hereby approved with the following findings:
1. Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of
Wisconsin Department of Administration and the Federal Emergency Management Agency.
2. Is in harmony with the Comprehensive Plan.
3. Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within
the pertinent zoning districts.
4. Addresses any of the following factors that are not properly addressed on the current Official Zoning
Map:
i. Factors have changed (such as new data, infrastructure, market conditions, development,
annexation, or other zoning changes), making the subject property more appropriate for a different zoning
district.
ITEM: PUBLIC HEARING: ZONE CHANGE FROM TWO FLAT RESIDENTIAL-10
WITH PLANNED DEVELOPMENT OVERLAY (TR-10-PD) AND URBAN
MIXED USE (UMU) DISTRICTS TO URBAN MIXED USE WITH
PLANNED DEVELOPMENT OVERLAY (UMU-PD) FOR PROPERTIES
LOCATED AT THE 600 BLOCK OF NORTH MAIN STREET AND
JEFFERSON STREET (PARCELS 0402260000, 0402240000, 0402230000,
0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000,
0402280000, AND 0402250000)
Plan Commission meeting of October 17, 2023
GENERAL INFORMATION
Applicant: Department of Community Development
Owners: Redevelopment Authority of the City of Oshkosh and Hoopman & Co.
Downtown, LLC
Action(s) Requested:
The applicants request a zone change from the existing Two Flat Residential–10 District
with Planned Development Overlay (TR-10-PD) and Urban Mixed Use (UMU) District to
Urban Mixed Use District with Planned Development Overlay (UMU-PD) for properties
located at the east 600 block of North Main Street and west 600 block of Jefferson Street.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance.
Property Location and Background Information:
The subject area consists of one developed lot (656 North Main Street) and two vacant lots
along the 600 block of North Main Street currently zoned UMU and eight vacant lots located
along the west side of the 600 block of Jefferson Street currently zoned TR-10-PD. The North
Main Street lots owned by Hoopman & Co. Downtown, LLC are in the same state of
development as they were for the last few decades. The Jefferson Street lots were former
single-family homes that were razed after acquisition by the Oshkosh Redevelopment
Authority. The surrounding area consists primarily of commercial uses along North Main
Street and low density residential to the east of the subject sites. The 2040 Comprehensive
Land Use Plan recommends Center City uses for the subject area.
Subject Site
Existing Land Use Zoning
Vacant Commercial Building & Vacant/Undeveloped
Two Flat Residential–10
District (TR-10-PD) and Urban
Mixed Use (UMU) District
Recognized Neighborhood Organizations
Downtown Neighborhood Association
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial
Urban Mixed-Use District
(UMU)
South
Commercial Urban Mixed-Use District
(UMU)
East
Low Density Residential Two Flat Residential–10
District (TR-10-PD)
West
Commercial Urban Mixed-Use District
(UMU)
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Center City
ANALYSIS
Zone Change
The applicant is requesting a zone change from Urban Mixed Use District (UMU) and Two
Flat Residential–10 District with a Planned Development Overlay (TR-10-PD) to Urban
Mixed-Use District with a Planned Development Overlay (UMU-PD) for the subject
properties along the west side of the 600 block of Jefferson Street and the east side of the 600
block of North Main Street. Earlier this year the City of Oshkosh Redevelopment Authority
issued a request for proposal for redevelopment of parcels owned along Jefferson Street and
North Main Street. The Redevelopment Authority selected the Commonwealth
Development Corporation’s proposal to redevelop the site. Commonwealth’s proposal
included properties along North Main Street not owned by the Redevelopment Authority.
On September 26, 2023 Common Council approved the Redevelopment Authorities
acquisition of those parcels. The next step in preparing the property for redevelopment is to
get all parcels under common zoning so they can be combined into a single redevelopment
parcel. This request is intended to provide appropriate zoning for future redevelopment of
the properties and to allow them to be combined.
Staff is supportive of the proposed zone change to UMU-PD as this zoning designation is
consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for
the subject area. The proposed UMU-PD zoning will also be consistent with the goals and
objectives of the City of Oshkosh zoning ordinance and City of Oshkosh’s housing needs
assessment.
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.
Staff recommends approval of the zone changes with the findings listed above.
The Plan Commission recommended approval of Zone Change from Two Flat
Residential-10 with Planned Development Overlay (TR-10-PD) and Urban Mixed Use
(UMU) Districts to Urban Mixed Use with Planned Development Overlay (UMU-PD) for
Properties Located at the 600 Block of North Main Street and Jefferson Street (Parcels
0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000,
0402320000, 0402310000, 0402280000, and 0402250000) on October 17, 2023. The following is
Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Perry, Mr. Esslinger, Ms. Propp, Ms. Scheuermann,
Ms. Davey, Mr. Nichols reported visiting the site.
Staff report accepted as part of the record.
The applicants request a zone change from the existing Two Flat Residential–10 District
with Planned Development Overlay (TR-10-PD) and Urban Mixed Use (UMU) District to
Urban Mixed Use District with Planned Development Overlay (UMU-PD) for properties
located at the east 600 block of North Main Street and west 600 block of Jefferson Street.
Mr. Lyons presented this zone change as the next step in a project that’s been discussed with
Plan Commission for a while. We previously brought forward the request to purchase on
the western portion of this site and along Jefferson Street. Earlier this year the
Redevelopment Authority (RDA) put out a request for property located along the Jefferson
Street side of this development area. The RDA chose to go with The Commonwealth
Development Corporation’s proposal. This area has historically scored very well for housing
redevelopments. Since that time the City has agreed to acquire the three properties along
North Main Street from Mr. Hoopman and Council approved that purchase earlier this
month. Soon this will all be under common ownership of the Redevelopment Authority and
the City.
The next step in facilitating the redevelopment in this area is to get this site ready for
redevelopment of some kind. Whether it’s the current Commonwealth project or other
potential future projects, we need to get the area under one zoning district so we can CSM it
or combine those into a single redevelopment parcel. The goal here today is to begin that
process. Right now, we have split zoning with Main Street being Urban Mixed Use and the
Jefferson properties being transitional residential zoning. The goal is to get it all under the
UMU-PD to provide the greatest flexibility for redevelopment of this site and we anticipate
that at some point we will bring back the Commonwealth project to get recommendations
and approval on their development. Regardless of that project, it is in the City’s best interest
to get the zone change and the parcel combination done for whatever redevelopment might
look like in the future.
Mr. Perry opened up technical questions to staff.
Mr. Nichols asked if we don’t know that Commonwealth is going to redevelop it, why
wouldn’t we wait until we know what we want to do with the parcels just in case they don’t
want to redevelop all of it.
Mr. Lyons said their current plan shows redevelopment of all of it. In their request for
proposal that RDA selected, it does have use the entire area for redevelopment. It makes
sense for the City to do this regardless in order to remove barriers from a developer without
adding time and costs and setting the City up for the best chance of redevelopment. This
area is zoned Central City within the comp plan which calls for urban commercial zoning
districts rather than residential.
Mr. Nichols asked if we’re setting ourselves up for problems later if The Commonwealth
does not engage in the project and we want to split it into three different parcels.
Mr. Lyons responded no, that rezoning to UMU-PD is going to provide the greatest amount
of flexibility. UMU allows lower-intensity residential uses through mixed use and
commercial. That PD and UMU gives the greatest flexibility to redevelop it. If something
unique comes up that we didn’t foresee, we might be back for another zone change. But
looking at the potential and likely land use of this area this has the best chance for success.
Mr. Nichols asked if we’re spending money on a survey to combine these parcels of
property that will potentially be a waste of money later if we need to have new surveys. If
Commonwealth does not engage in this project.
Mr. Lyons said no, the City’s best interest is to do it now and improve our ability to market
the property.
Mr. Nichols asked if it is split later is a new survey needed.
Mr. Lyons responded we would have to do a new CSM.
Mr. Perry asked if the owner/applicant wanted to make any statements. The City of
Oshkosh is owner/applicant.
Mr. Perry asked for any public comments.
Barb Kagak, 637 Jefferson Street, has owned her property for over 20 years and is very
nervous about the City’s plans. She was told it may be low-income housing. She feels not
everyone who rents takes care of their property or has the same respect as people who own
their home. Can someone still buy those three separate properties and do something with
them.
Mr. Lyons said the project that is envisioned today would be a single ownership of the
entire site. Their proposal is a mixture of rented town homes, apartments and office/daycare
space.
Ms. Kagak said the managing and overseeing fails for rental property on Jefferson and 90%
are slumlords. There aren’t many homeowners on Jefferson and she wants to know if she
can protest against this.
Mr. Lyons said this is your opportunity to raise your concerns and this would be a
commercial multi-family developer and not individual ownership like you see with some of
the rental issues you have today.
Ms. Kagak said she doesn’t want to listen to a million people every day swearing in the
parking lots. She’s been there for over 20 years and now has to deal with this.
Mr. Perry stated this will come back before us in the future as the project develops and there
will be more opportunity to speak on it.
Mr. Lyons said that is why we use the Planned Development Overlay because it requires
additional public input and public hearings before Plan Commission and Council. This zone
change only gets zoning in place. The project would still need approvals, public discussion,
and neighborhood meetings before actual project development could get approved.
Ms. Kagak stated she is only one of four homeowners on that block and the rest are slum
lords that don’t take care of their properties. There aren’t many of us and the City outweighs
us when it comes to this.
Mr. Lyons responded that is why we have these hearings and neighborhood meetings,
which is required of the developer. They come to that meeting and show what they want to
do and City staff joins and listens to questions and concerns.
Ms. Kagak stated she’s getting a new roof tomorrow and doesn’t want to put all kinds of
money into her house and this goes up and we’re stuck there.
Mr. Perry closed public comments.
Mr. Perry asked if the owner/applicant wanted to make any statements.
No closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Ms. Scheuermann asked what the properties on Jefferson are zoned today.
Mr. Lyons responded currently zoned TR-10 with a Planned Development Overlay.
Ms. Scheuermann asked what TR-10 is.
Mr. Lyons said TR-10 is two flat residential such as a duplex.
Ms. Scheuermann said so a duplex could be built today.
Mr. Lyons responded that the city owns those parcels on Jefferson.
Ms. Scheuermann asked if the project is going to be for low income.
Mr. Lyons said the proposal is for tax credit housing and when the housing study was done,
one of the things established is looking at housing opportunities on the very low end
through the very high end. Tax credit housing has very specific requirements to score high
enough to get those tax credits and this area of the city scores very well. That is why this
area is something the RDA has been acquiring and getting a property together of sufficient
size because it has an opportunity to score high enough to provide housing of that nature in
the city. The proposal right now would put single-family townhomes along the Jefferson
Street side and first-floor non-residential office and daycare space along Main Street with
apartments above it.
Mr. Nichols stated that this area makes sense for redevelopment. The hesitation is that we as
a city are willing to do this for a developer without any conviction that they’re going to do
something in this area. It’s understood that we can always change it later and that we’re
priming it for redevelopment long term but I think we should stop doing things as
piecemeal and require developers come to us saying this is the overlay we’re asking for and
support us in the zoning change. People in the community can support it or not without
being confused or nervous about what’s going in next door to them with just a simple zone
development. I will be voting no here.
Ms. Propp said she has heard good things about this project and the City is working with
the developer closely. Commonwealth wants to develop it but they have to get the tax
credits first. She has faith in this project and is going to vote yes.
Mr. Lyons commented that for the developer to even apply for the tax credits proper zoning
has to be in place. Commonwealth is not the first developer over the past four to five years
that has tried to make a project work here. One of the issues is they couldn’t get the points
because proper zoning was not in place. With the City being proactive and rezoning it
there’s an opportunity for redevelopment to happen.
Tyler Sheeran, The Commonwealth Companies, 9502 Watts Road Verona, WI. The City
released an RFP and it’s our intention to put forward the best development that we see for
this block, which entailed acquiring the three parcels on Main Street and that is what we
submitted to the City. The City opted to move forward with us and we’re getting this in a
spot where we can present it to WHEDA and obtain the financing we need. We’ve been
working with Planning and we have to have the zoning in place.
Mr. Nichols asked if the zoning has to be in place before financing can be received.
Mr. Sheeran responded yes and the reason is WHEDA gets a plethora of applications and
it’s a finite resource. The last thing they want to do is allocate funding to a parcel or deal
where the municipality is not supporting it; the funds have been allocated and six months
later the developer goes back to WHEDA and says no thanks, the City is not in support of
the project.
Mr. Nichols asked if we’ll be changing the zoning before The Commonwealth knows they
have funding.
Mr. Lyons explained that the project is separate from the zoning change. To apply for the
tax credits, you have to prove proper zoning is in place. Then the project has to go through
the normal approval process, which includes a neighborhood meeting and Planned
Development Overlay approval. How much do you make the developer spend upfront
before there’s any indication from a financial stand point. By doing the zone change, there’s
at least the opportunity for them to apply for tax credits versus not qualifying to apply.
Mr. Nichols asked if it’s possible to receive a commitment from Commonwealth that if we
change the zoning, they will apply for the tax credit.
Mr. Lyons said RDA did an agreement with Commonwealth, once they were selected, to
move forward after the RFP.
Mr. Nichols said that is helpful context.
Mr. Esslinger said Mr. Nichols made some fantastic points and I did vote against this on
Council when it came to purchasing these properties. The City leaps and looks later hoping
these things happen. I believe Commonwealth has a process and I respect that. I don’t like
the City getting into the real estate business. Sometimes it doesn’t work out and then we’re
left holding the bag. Were there proposals for this area to do something with it.
Mr. Lyons answered yes, we issued the request for a proposal.
Mr. Esslinger asked if this was the only thing that came up.
Mr. Lyons said they are the only ones that submitted this time around.
Mr. Esslinger said then if this doesn’t happen, then what.
Mr. Lyons responded that the RDA has owned this property for a significant amount of time
and over the last handful of years, we’ve worked with four or five developers that tried to
get a project to work here. This is the closest we’ve come to getting a v iable project.
Mr. Esslinger asked if a contingency could be placed for Commonwealth that the City
would do the rezone if they get financing.
Mr. Lyons said Wheda requires that the proper zoning be in place to get those points.
Mr. Esslinger said he respects Ms. Kagak’s concerns. There would probably be a property
management that watches over this but is this going to be another area the police will be
visiting regularly.
Mr. Lyons responded that it is tax credit housing so we need to make sure we do it
appropriately when it’s done. This is not the same as an individual single-family landlord.
This is what companies like Commonwealth do in this type of housing being successful.
Mr. Esslinger stated again he doesn’t like the City getting into buying property and hoping
it works out in the end.
Ms. Scheuermann asked if we already own the properties.
Mr. Lyons said yes, the RDA owns the parcels on Jefferson and one of the parcels on Main
Street. Council approved the acquisition of the other three Main Street parcels. RDA will be
completing the purchase of those three parcels pending environmental.
Ms. Propp said she thinks it makes sense to rezone this no matter what. She has confidence
that the project is going to move ahead. If we do the rezone, we can split the parcel up again
if we have to. She doesn’t see a downside to this.
Ms. Davey agrees with Ms. Propp that it makes sense to move forward with this. The fact
that Commonwealth is interested and we know and respect Justin Mitchell and other
projects he’s brought to us. It makes sense for the City to rezone it and turn it over to
someone else to build on. I will definitely be supporting this.
Mr. Nichols asked who shoulders the cost associated with rezoning and surveying the
property if it is redeveloped by Commonwealth.
Mr. Lyons said the City has accepted the cost of the zone change and there’s not a lot of cost
to that. Combining the CSM won’t be done until we know a project is going to move
forward.
Mr. Nichols asked if we’re approving that today.
Mr. Lyons said no. CSM’s are done administratively and there’s no public approval needed.
You either meet the subdivision code or you don’t. That would be done by Community
Development.
Mr. Kiefer said the question of the City redeveloping that area is the role of the RDA. There
are plenty of areas in the City for growth opportunities and housing. There are properties on
South Main the City has owned for years and it takes time to redevelop those things but that
is the role of the RDA. This is an opportunity to support that and move forward with it.
Mr. Perry commented that he’s been involved in a half dozen applications for tax credit and
there’s nothing crazier than the application. It is a very thorough and complicated process.
Rezoning has to be in place before an application can be submitted. It’s one part of fifty that
have to be in place before an application can be submitted so I will be in support of this so
the process can start.
Mr. Nichols retracted his original comments and thinks we should still have a full picture as
Plan Commission when these things are happening. I’m glad Commonwealth is here and
support the project and informing the neighbors is incredibly important and making sure
they have input and understand there’s a process in place for that. I’ll support the zone
change and I’m hoping Commonwealth continues with the project.
Mr. Lyons said remember, when we do zone changes, we are to look at our comprehensive
land use map and ask if the zone change being proposed is consistent with it or not. Having
a project is great but from a City when we look at zone changes the ordinance says under
State Statute that we look at our Comp Plan and our zoning and do they match. And if a
zone change request comes in or is proposed that matches our Comp Plan, we should be
recommending and following that comp plan that Council has adopted. The zone change
matches our comp plan in the long term of what we want to see in that area. We’re setting
the City up to match our comp plan and what we want to see for development in the area.
Mr. Nichols agrees. Let’s do what we’re statutorily required to do and let’s review it in the
context of the plan and we can be completely informed of what’s on the table.
Mr. Esslinger said he is going to vote in favor of this today, however, there are more
mechanisms that will have to come forward and I want to be respectful to the developer and
they need this to start. But as a Plan Commission member and a Council member, I haven’t
even seen the project yet. Rezoning would be prudent.
Mr. Lyons said we expect that once it gets closer to moving forward, we’ll come back and do
a workshop to introduce the project and make sure you know what the potential is.
No further discussion.
Motion carried 7-0
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 24, 2023
SUB JEC T:SUB JEC T :*Ord 23-551 Convert the Intersection of Josslyn Street and Adams Avenue from a Yield to a
Two-Way Stop (Transportation Committee Recommends Approval)
B A C KGRO UN DBACKGROUND
There recently was a crash at this intersection, which prompted an area resident to call and request this
change. The resident reported a crash history and witnessing many near-miss incidents as motorists fail to
yield to oncoming traffic.
A N A L Y SI SANALYSIS
There has been about one crash per year at this intersection over the last three years. The warrants for
stop signs based on traffic volume and crash history are not met. However, there are sight line issues at
the intersection due to a minimal setback of a house on the northwest side of the intersection and trees
on the southeast. Having cars fully stop should mitigate the sight line issues.
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 recommended this request at the October 10, 2023 meeting by roll-call
vote (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-8 and 27A-10 of the
Municipal Code pertaining to loading zone and parking regulations.
A t t a chment sAttachments
Ord 23-551
10/24/2023 23-551 ORDINANCE
PURPOSE: CONVERT THE INTERSECTION OF ADAMS AVENUE AND JOSSLYN STREET FROM A YIELD TO A 2-WAY
STOP
INITIATED BY : TRANSPORTATION DEPARTMENT
TRANSPORTATION COMMITTEE - APPROVED
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-10 YIELD RIGHT OF WAY
INTERSECTIONS DESIGNATED AND A-8 THROUGH STREET DESIGNATED
WHEREAS, the Transportation Department recommends approval to convert the intersection of Adams
Avenue and Josslyn Street from a yield to a 2-way stop.
SECTION 1. That Section 27A-10 pertaining to Yield Right of Way Intersections Designated and Section
27A-8 pertaining to Through Street Designated are hereby amended as follows:
A-10 YIELD RIGHT OF WAY INTERSECTIONS DESIGNATED
Adams Avenue
Delete Therefrom: Adams Avenue yields to Josslyn Street
A-8 THROUGH STREET DESIGNATED
Josslyn Street
Add Thereto: Jossyln Street at its intersection with Adams Avenue
SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and
placement of the appropriate signage.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted ordinance #23-XXX on November 14, 2023, CONVERT THE INTERSECTION OF ADAMS AVENUE AND
JOSSLYN STREET FROM A YIELD TO A 2-WAY STOP (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING SECTION 27A-10 YIELD RIGHT OF WAY INTERSECTIONS DESIGNATED AND 27A-8 THROUGH STREET
DESIGNATED). This ordinance will change the current requirement for traffic on Adams Avenue to yield at the
intersection with Josslyn Street to require traffic on Adams Avenue to stop at the intersection with Josslyn
Street.
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. Phone: 920/236-5011.
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 24, 2023
SUB JEC T:SUB JEC T :
Res 23-552 Approve General Development Plan and Specific Implementation Plan for
Property Located at the Northwest Corner of Jackson Street and West Snell Road (Parcel
1260010000) (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The applicant requests approval of a General Development Plan and Specific Implementation Plan for a
drive-through restaurant at the northwest corner of Jackson Street and West Snell Road. The subject area
consists of a 2.31-acre vacant lot located at the northwest corner of Jackson Street and West Snell Road.
The site is zoned Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The
surrounding area consists of commercial uses to the north, south, and east, and residential uses to the
west. The 2040 Comprehensive Land Use Plans recommends General Commercial use for the subject
area.
A N A L Y SI SANALYSIS
The applicant has submitted plans for development of a drive-through restaurant (Foodies
Mediterranean Fusion). The proposed development is a permitted use in the SMU district. A neighborhood
meeting was held on September 13, 2023, with no neighbors attending the meeting. The proposed site will
utilize an existing private road (Zion Street) for access. The applicant has provided a cross-access
agreement verifying access to the development from the private street. The drive-through lane meets the
minimum stacking length requirement for drive-through restaurants. The plan also meets all applicable
setback requirements for the SMU district as well as drive-through lane stacking requirements of 100' in
front of each order station, 55' between the order station and pick-up window, and 25' after the pick-up
window.
The applicant is requesting a base standard modification (BSM) to allow the drive-through pick-up
window on the south façade, facing West Snell Road, where code prohibits drive-through windows from
being located between the principal building and the street right-of-way. Staff is supportive of the
requested BSM as the pick-up window will be in the most suitable location, not facing the primary street
or residential properties to the west. Also, the significantly increased setback of approximately 98' from
the West Snell Road right-of-way mitigates the impacts of the drive-through window on a street-facing
side of the building.
The applicant has provided plans for a monument sign and a wall sign facing Jackson Street. The
proposed monument sign is under the maximum height for monument signage of 15' for the SMU district
and is meeting the setback requirements. The wall sign area also appears to be within the maximum sign
area of 1 sq. ft. per linear foot of building frontage. The site plan shows a drive-through sign for each drive-
through lane, under a canopy. The drive-through signs will be limited to a maximum height of 8' and
maximum area of 24 sq. ft. A separate building permit will be required for signage.
A 0.6 opacity bufferyard is required along the west property line as the site is abutting an SR-3 zoning
district. The plan shows a combination of 6' tall solid wood fencing and 176 evergreen tree landscaping
points along this property line. To meet bufferyard requirements, the applicant will need to provide a total
of 750 evergreen tree landscaping points (example 17 Black Hills Spruce) and will need to place the
fencing so that a minimum of 50% of the required landscaping points are on the exterior side of the fence.
This can also be addressed during Site Plan Review.
Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I materials,
with the rear façade being exempt from this requirement. The petitioner has provided elevations for the
building as well as a material list and material breakdown for each facade. The specific elevations
breakdown is as follows:
East (front): Class I -- 59.5% Class II & III -- 40.5%
South (side): Class I -- 56.4% Class II & III -- 43.6%
North (side): Class I -- 58.2% Class II & III -- 41.8%
West (rear): Class I -- 60.4% Class II & III -- 39.6%
Exterior materials consist of glazing, brick veneer, and horizontal and vertical metal siding. All facades
exceed the 50% Class I material requirement.
FI SC A L I M P A CTFISCAL I M P A C T
Approval of this will result in an increase in the assessed property value for the site. The applicant is
anticipating spending approximately $600,000 on the proposed project.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested General Development Plan and Specific
Implementation Plan for Property Located at the Northwest corner of Jackson Street and West Snell Road
(Parcel 1260010000) with findings and conditions on October 17, 2023. Please see the attached staff
report and meeting minutes for more information.
A t t a chment sAttachments
Res 23-552
GDP SIP Jackson and Snell
10/24/2023 23-552 RESOLUTION
CARRIED 7-0
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A
DRIVE-THROUGH RESTAURANT AT NORTHWEST CORNER OF JACKSON STREET AND WEST SNELL ROAD (PARCEL
1260010000)
INITIATED BY : APPLICANT: CR STRUCTURES GROUP INC. PROPERTY OWNER:
2350 HIGHWAY 44, LLC
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions.
WHEREAS, the Plan Commission finds that the General Development and Specific Implementation Plan
approval for a commercial development at the Northwest Corner of Jackson Street and West Snell Road
(Parcel 1260010000).
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval of a General
Development Plan and Specific Implementation Plan for a Drive-Through Restaurant at Northwest Corner of
Jackson Street and West Snell Road (Parcel 1260010000), is hereby approved with the following findings:
The proposed Planned Development project is consistent with the overall purpose and intent of this
Chapter.
1.
The proposed Planned Development project is consistent with the City’s Comprehensive Plan and
other area plans. (It is the responsibility of the City to determine such consistency.)
2.
The proposed Planned Development project would maintain the desired relationships between land
uses, land use densities and intensities, and land use impacts in the environs of the subject site.
3.
Adequate public infrastructure is or will be available to accommodate the range of uses being
proposed for the Planned Development project, including but not limited to public sewer and water
and public roads.
4.
The proposed Planned Development project will incorporate appropriate and adequate buffers and
transitions between areas of different land uses and development densities/intensities.
5.
The proposed architecture and character of the proposed Planned Development project is
compatible with adjacent/nearby development.
6.
The proposed Planned Development project will positively contribute to and not detract from the
physical appearance and functional arrangement of development in the area.
7.
The proposed Planned Development project will produce significant benefits in terms of environmental
design and significant alternative approaches to addressing development performance that relate to
and more than compensate for any requested exceptions/base standard modifications variation of
any standard or regulation of this Chapter.
8.
BE IT FURTHER RESOLVED that the following are conditions of Approval of a General Development Plan and
Specific Implementation Plan for a Drive-Through Restaurant at the Northwest Corner of Jackson Street and
West Snell Road (Parcel 1260010000):
Base Standard Modification for a drive-through window located between the principal building and
street right-of-way.
1.
The drive-through by-pass lane shall have a minimum width of 14’.2.
Final landscaping plan shall be reviewed and approved by the Department of Community
Development.
3.
ITEM: GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION
PLAN FOR A DRIVE-THROUGH RESTAURANT AT NORTHWEST
CORNER OF JACKSON STREET AND WEST SNELL ROAD
(PARCEL 1260010000)
Plan Commission Staff Report October 17, 2023
GENERAL INFORMATION
Applicant: CR Structures Group Inc
Property Owner: 2350 Highway 44, LLC
Action(s) Requested:
The applicant requests approval of a General Development Plan and Specific
Implementation Plan for a drive-through restaurant at the northwest corner of Jackson
Street and West Snell Road.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject area consists of a 2.31-acre vacant lot located at the northwest corner of
Jackson Street and West Snell Road. The site is zoned Suburban Mixed Use District
with a Planned Development Overlay (SMU-PD). The surrounding area consists of
commercial uses to the north, south, and east, and residential uses to the west. The 2040
Comprehensive Land Use Plans recommends General Commercial use for the subject
area.
Subject Site
Existing Land Use Zoning
Vacant SMU-PD
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU-PD
South Commercial Town of Oshkosh
East Commercial SMU-PD
West Residential SR-3
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation General Commercial
ANALYSIS
Use
The applicant has submitted plans for development of a drive-thru restaurant (Foodies
Mediterranean Fusion). The proposed development is a permitted use in the SMU
district. A neighborhood meeting was held on September 13, 2023, with no neighbors
attending the meeting.
Site Design/Access
The proposed site will utilize an existing private road (Zion Street) for access. The
applicant has provided a cross-access agreement verifying access to the development
from the private street.
Required Provided
Parking Spaces
Minimum: 5 Maximum:
25 8
Impervious
Surface Maximum: 70% of lot 36.5% of lot
Minimum Provided
Front Setback (Jackson St.) 25 ft. 98 ft. +/- (parking lot)
Street Side Setback (W. Snell
Rd.) 25 ft.
176 ft. +/- (drive-thru
lane)
Side Setback (north) 10 ft. 10 ft. (parking lot)
Rear Setback (west) 25 ft. 25 ft. (drive-thru lane)
The total impervious surface ratio for the site is under the maximum of 70% for the
SMU district. The drive-thru lane is meeting the minimum stacking length for drive-
thru restaurants. The plan is meeting all applicable setback requirements for the SMU
district as well as drive-through lane stacking requirements of 100’ in front of each
order station, 55’ between the order station and pick-up window, and 25’ after the pick-
up window. The proposed plan shows the drive-through by-pass lane at
approximately 10’ wide on the south side of the drive-through lanes, where code
requires a minimum width of 14’ for one-way driveways. Staff is recommending that
the by-pass lane be expanded to 14’ wide to meet code requirements for parking lot
dimensions.
The applicant is requesting a base standard modification (BSM) to allow the drive-
through pick-up window on the south façade, facing West Snell Road, where code
prohibits drive-through windows from being located between the principal building
and the street right-of-way. Staff is supportive of the requested BSM as the pick-up
window will be in the most suitable location, not facing the primary street or residential
properties to the west. Also, the significantly increased setback of approximately 98’
from the West Snell Road right-of-way mitigates the impacts of the drive-through
window on a street-facing side of the building.
The refuse enclosure will be constructed of wood fencing and gates and must be a
minimum height of 6’ tall.
Signage
The applicant has provided plans for a monument sign and a wall sign facing Jackson
Street The proposed monument sign is under the maximum height for monument
signage of 15’ for the SMU district and is meeting the setback requirements. The wall
sign area also appears to be within the maximum sign area of 1 sq. ft. per linear foot of
building frontage. The site plan shows a drive-through sign for each drive-through
lane, under a canopy. The drive-through signs will be limited to a maximum height of
8’ and maximum area of 24 sq. ft. A separate building permit will be required for
signage.
Landscaping
Building Foundation
The building foundation landscaping point requirement of 40 landscaping points per
100 linear feet of building foundation is being met for the proposed building. The plan
is meeting the requirement that 50% of the required points be on the main entrance side
of the building.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq.
ft. of paved area is being met. The code further specifies 30% of all points will be
devoted to tall trees and 40% will be devoted to shrubs. The plan is meeting the point
requirement for tall trees and is meeting the point requirement for shrubs with 21
Dogwood plantings on the south side of the pavement.
Code also requires a tall deciduous tree at the ends of all parking rows. The plan shows
three State Street Miyabe on the north side of the parking stalls. Two of these trees will
need to moved slightly to be at the ends of the parking rows.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also
specifies that 50% of the required points must be devoted to medium trees. The
landscaping plan is meeting these requirements.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided
yard landscaping points exceed this requirement. The increased yard landscaping
serves to offset the requested BSM for the drive-through pick-up window on a street-
facing façade.
Bufferyard
A 0.6 opacity bufferyard is required along the west property line as the site is abutting
an SR-3 zoning district. The plan shows a combination of 6’ tall solid wood fencing and
176 evergreen tree landscaping points along this property line. To meet bufferyard
requirements, the applicant will need to provide a total of 750 evergreen tree
landscaping points (example 17 Black Hills Spruce) and will need to place the fencing
so that a minimum of 50% of the required landscaping points are on the exterior side of
the fence. This can also be addressed during Site Plan Review.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that final submitted
plans are required to be in full compliance with the requirements of the City of Oshkosh
Municipal Code Chapter 14 for storm water management. They also noted that Water
Service Connection shall be made with a tapping valve and sleeve and the valve shall
be placed just off of the Main and the applicant will need to clarify who is maintaining
the sanitary sewer system. These items will be addressed during Site Plan Review.
Public Works has also noted that a new water main easement will be required to protect
the water main running along Zion Street. The proposed easement will be 30’ wide and
will require that the site’s landscaping features be kept out of the water main easement.
The landscaping shown on the plan appears to be outside of the easement area, which
will be verified during Site Plan Review.
Site Lighting
The applicant submitted a photometric plan for the site. The lighting levels meet the .4
foot-candle minimum requirement for parking areas and do not exceed the maximum
of .5 foot-candles of light trespass at the property lines. The plan shows light fixtures at
the maximum height of 23’ (including 3’ base) for the SMU district. Light fixtures must
be shielded so that the lighting elements are not visible from neighboring residential
properties. This will be verified during Site Plan Review.
Building Facades
Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50%
Class I materials, with the rear façade being exempt from this requirement. The
petitioner has provided elevations for the building as well as a material list and material
breakdown for each facade. The specific elevations breakdown is as follows:
East (front): Class I – 59.5% Class II & III – 40.5%
South (side): Class I – 56.4% Class II & III – 43.6%
North (side): Class I – 58.2% Class II & III – 41.8%
West (rear): Class I – 60.4% Class II & III – 39.6%
Exterior materials consist of glazing, brick veneer, and horizontal and vertical metal
siding. All facades exceed the 50% Class I material requirement.
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 consider
findings based on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall
purpose and intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to
determine such consistency.)
(c) The proposed Planned Development project would maintain the desired
relationships between land uses, land use densities and intensities, and land use
impacts in the environs of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the
range of uses being proposed for the Planned Development project, including
but not limited to public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of different land uses and
development densities/intensities.
(g) The proposed architecture and character of the proposed Planned
Development project is compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and
not detract from the physical appearance and functional arrangement of
development in the area.
(i) The proposed Planned Development project will produce significant benefits
in terms of environmental design and significant alternative approaches to
addressing development performance that relate to and more than compensate
for any requested exceptions/base standard modifications variation of any
standard or regulation of this Chapter.
Staff recommends approval of the General Development Plan and Specific
Implementation Plan with the findings listed above with the proposed following
conditions:
1. Base Standard Modification for a drive-through window located between the
principal building and street right-of-way.
2. The drive-through by-pass lane shall have a minimum width of 14’.
3. Final landscaping plan shall be reviewed and approved by the Department of
Community Development.
The Plan Commission recommended approval of a General Development Plan and
Specific Implementation Plan for a Drive-Through Restaurant at Northwest Corner of
Jackson Street and West Snell Road (Parcel 1260010000) on October 17, 2023. The
following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Perry, Ms. Scheuermann, Ms. Propp, and Ms. Davey
reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan and Specific
Implementation Plan for a drive-through restaurant at the northwest corner of Jackson
Street and West Snell Road.
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 area consists of a 2.31-
acre vacant lot located at the northwest corner of Jackson Street and West Snell Road.
The site is zoned Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD). The surrounding area consists of commercial uses to the north, south, and
east, and residential uses to the west. The applicant has submitted plans for a drive-thru
restaurant which is Foodies Mediterranean Fusion. The drive-thru is a permitted use in
the SMU district. A neighborhood meeting was held on September 13, 2023, with no
neighbors attending the meeting. The proposed site will utilize an existing private
driveway access which is Zion Road off West Snell Road. The drive-thru lane will be
one-way and will have three drive-thru order stations as well as a by-pass lane. Staff
report notes that we are is recommending that the by-pass lane be expanded to 14’ wide
to avoid a pinch point there and we have received a revised plan showing that 14’
width.
The applicant is requesting a base standard modification (BSM) to allow the drive-
through pick-up window on the south façade, facing West Snell Road, where code
prohibits drive-through windows from being located between the building and the
street. Staff is supportive of the requested BSM as the pick-up window will be in the
most suitable location, not facing the primary street or residential properties to the west.
Also, the significantly increased setback of approximately 98’ from the West Snell Road.
They submitted plans for a monument sign and a wall sign facing Jackson Street. The
proposed monument sign is under the maximum height for monument signage of 15’
for the SMU district and is meeting the setback requirements. The wall sign area is also
within the maximum sign area of 1 sq. ft. per linear foot of building frontage.
The landscape plan meets building foundation requirements as well as paved area,
street frontage and yard landscaping point requirements. They are also providing
additional yard landscaping on the south side of the drive-thru lane to compensate for
the BSM for that pickup window on the street-facing side. They are required a .6
capacity buffer yard per landscaping ordinance as it’s a drive-thru use.
The plan shows 6’ tall solid wood fencing and 176 evergreen tree landscaping points.
They will need to provide more evergreen tree landscaping points up to 750 points and
will need to move the fencing off the property line a bit because half the points per code
need to be on the back side of that fencing and that can be addressed during site plan
review to get that additional landscaping and get the fencing where it needs to be.
The building’s exterior materials consist of glazing, brick veneer, and horizontal and
vertical metal siding. All facades exceed the 50% Class I material requirement. Staff
recommends approval of the General Development Plan and Specific Implementation
Plan with the findings and conditions listed in the staff report.
Mr. Perry opened up technical questions to staff.
No technical questions.
Mr. Perry asked if the owner/applicant wanted to make any statements.
Jeff Peterson, CR Structures, 327 Randolph Drive, Appleton. General contractors for this
project and represent the owner Dr. Zafarani.
Mr. Perry asked for any public comments.
No public comments.
Mr. Perry closed public comments.
Mr. Perry asked if the owner/applicant wanted to make any statements.
No closing statement from the applicant.
Ms. Propp asked if this is the first cashless, people-free, drive-thru in the area.
Mr. Peterson said this is the first in the area that he knows of.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Mr. Perry stated this is an appropriate use for this site.
Motion carried 7-0
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :
Res 23-553 Provide Direction to Staff Relating to Amendment of Previously Approved Specific
Implementation Plan for Phase I of a Multi-Family Development at the West 3400 Block of Lake
Butte Des Morts Drive
I N I TI A TED B Y:I N I T I A TED B Y:Council Member Buelow
A t t a chment sAttachments
Res23-553
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 24, 2023
SUB JEC T:SUB JEC T :Res 23-554 Approve Combination "Class B" Beer/Liquor License - Mr Brews
A t t a chment sAttachments
Res 23-554
Mr Brews App
10/24/2023 23-554 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 25, 2023 - JUNE 30, 2024)
NAME, ADDRESS, AND LOCATION OF PREMISES:
Mr Brews Taphouse (Mr Brews Taphouse Oshkosh LLC).....................1710 Oshkosh Avenue
Agent: Henry Schultz, 1349 Tullar Road, Neenah, WI 54956
SUB JEC T:SUB JEC T :
**Council D is cus s ion a nd D ir e c t ion t o St a ff**C ouncil D is cus s io n a nd D ir e c t ion t o St a ff
A. **Board and Commission Attendance Policy (Esslinger)
D A TE :D A T E :October 24, 2023
Sub jectSubject
**Council D is cus s ion a nd D ir e c t ion t o St a ff**C ouncil D is cus s io n a nd D ir e c t ion t o St a ff
A. **Board and Commission Attendance Policy (Esslinger)
SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items
D A TE :D A T E :October 24, 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 Lyons, Planning Services Manager
D A TE :D A T E :October 24, 2023
SUB JEC T:SUB JEC T :Recognition of Quarry Park Neighborhood Association
B A C KGRO UN DBACKGROUND
The subject neighborhood association held a general membership meeting on Wednesday, October 12,
2023. Approximately 30 attendees voted on neighborhood boundaries, a neighborhood name, and
adopted organizational by-laws, in accordance with the City's Neighborhood Recognition Policy. The
Quarry Park Neighborhood Association's (QPNA) boundaries are indicated on the attached map.
Upon the creation of QPNA, the number of recognized neighborhood associations in Oshkosh is now 25.
City recognition will allow QPNA to access funding through the Community Building & Engagement
Program administered by Greater Oshkosh Healthy Neighborhoods, Inc. (GO-HNI) to support
neighborhood events, projects, and activities. In addition, QPNA will be eligible to apply for City's Great
Neighborhoods funding to support capital improvements in their neighborhood and property owners will
be eligible to apply for financial housing incentive programs available to City of Oshkosh recognized
neighborhood associations.
Please contact me if you have any questions concerning the Quarry Park Neighborhood Association.
A t t a chment sAttachments
Quarry Park Neighborhood
Quarry Park Neighborhood Association
Vision:
Is a friendly,midwestern,southside neighborhood with a genuine and wholesome quality of life.All
people are welcomed and valued,creating a warm vibrant sense of community.
Mission:
Bring neighborhood residents together to get to know one another,creating a safe,neighborly
community.Seeks to provide a collective voice and to collaborate with neighbors and other
associations for the greater good.
Boundaries:
South Park
Knapp st
18th street
West side of Ohio
Leadership:
QPNA is led by a core team of at least (5)members.All members of the Core Team must be a
resident (owning or renting),property or business owner or business representative within the
neighborhood boundaries and are elected to serve a one-year term.In the case of a core team
member vacancy,the remaining members of the core team are authorized to recruit and replace
the committee member.
Core Team Roles
●Co-Chairs (2 or more)are responsible to keep record of meetings,submit grant requests
and application for CB&E funding
○Kirsten Langkau
■kirstenll92@gmail.com
○Pam Ruder
■pamandjulie1537@gmail.com
●CB&E Tracker
○Je Lawrence
■je .44.lawrence@gmail.com
●Volunteer Tracker keeps record of all neighborhood volunteer hours and submits quarterly
to GO HNI
○Lori Buskirk
■buskirkd@rocketmail.com)
●Communications (Social Media)
○Michelle Rondinelli
■mmrondinelli@yahoo.com
○Julie Ortman
■pamandjulie1537@gmail.com
●Alliance representatives (2 or more)attends monthly alliance meetings and reports back
○Connie Drexler
■connie.drexler@gmail.com
Oshkosh Healthy Neighborhoods Alliance (OHNA)is made up of leadership from all neighborhood
associations and meets monthly every second Monday from January through November.At least one
neighborhood association member(s)should represent QPNA at the OHNA meetings.
Community Building and Engagement Funds:
Greater Oshkosh Healthy Neighborhoods,Inc (GO-HNI)has funds to be used for neighborhood
associations to encourage connectedness in the neighborhoods.To use funds,pass a vote on
projects and/or events and submit a Community Building and Engagement Application for
consideration.Once approved by GO-HNI sta ,neighborhood associations are able to purchase
items for the stated project/event.After the project/event submit receipts and documentation to
receive reimbursement for expenses.
GO-HNI has a State of Wisconsin Ra e License that can be used for fundraising e orts by
submitting a Ra e License Application and be approved by GO-HNI sta .Documentation will be
needed for the use of Ra e License by State guidelines.
Policy Statement of Diversity and Inclusion:
The QPNA values the uniqueness of the individual,the power of the collective good and the
importance of communities.We promote a climate that welcomes,understands and respects the
diversity of our neighbors,sta ,clients,donors,volunteers,and community partners.Dimensions
of diversity include,but are not limited to age,race,ethnicity,national origin,religious belief,
disability,sexual orientation,gender identity,or any other characteristic protected by law.
Dissolution:
The QPNA shall dissolve if and only if the QPNA has attempted to remain active through the
guidance of Greater Oshkosh Healthy Neighborhoods,Inc or the City.If QPNA decides to dissolve
the QPNA must provide documentation of vote to Oshkosh Healthy Neighborhoods and the City.All
remaining funding will be returned to Greater Oshkosh Healthy Neighborhoods,Inc.
Amendment of Agreement:
The power to alter,amend or repeal the Agreement or adopt new Agreement shall be vested in the
members.Such action shall be taken at an Annual Membership meeting,or a meeting called for
that purpose by a simple majority vote.The Agreement may contain any provision for regulation and
management of the a airs of the QPNA consistent with the law.Written advance notice (minimum
of two-weeks)shall be given for any proposed change to the Agreement.
OHIO ST
OHIO ST
KNAPP ST
KNAPP ST
W S O U T H P A R K A V
W S O U T H P A R K A V
W 19TH AVW 19TH AV
W 18TH AVW 18TH AV
GEORGIA ST
GEORGIA ST
W 17TH AVW 17TH AV
FF LLOORR II DD AA AA VV
DEL
AWARE ST
DEL
AWARE ST
OSBORN AVOSBORN AV
HARMEL AVHARMEL AV
FABRY ST
FABRY ST
ERIE AVERIE AV
HUBBARD ST
HUBBARD ST
MC CUR
DY ST
MC CUR
DY ST
PLUMMER ST
PLUMMER ST
RUGBY ST
RUGBY ST
FAIRLAWN ST
FAIRLAWN ST
SANDERS ST
SANDERS ST
CONCORDIA AVCONCORDIA AV
BER
GER ST
BER
GER ST
SAN
DERS ST
SAN
DERS ST
I:\Planning\Planning Base Map - For Windows 10.mxd User: commdev
O p t i o n 1364 P a r c e l s
City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 8/8/2023
1 in = 400 ft1 in = 0.0 8 mi¯
100 0 100 200 300 400 500 60050
Feet
Prepared by: City of Oshkosh, WI
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 24, 2023
SUB JEC T:SUB JEC T :Recognition of Sawyer Creek Neighborhood Association
B A C KGRO UN DBACKGROUND
The subject neighborhood association held a general membership meeting on Tuesday, September 26,
2023. Approximately 20 attendees voted on neighborhood boundaries, a neighborhood name, and
adopted organizational by-laws, in accordance with the City's Neighborhood Recognition Policy. The
Sawyer Creek Neighborhood Association's (SCNA) boundaries are indicated on the attached map.
Upon the creation of SCNA, the number of recognized neighborhood associations in Oshkosh is now 24.
City recognition will allow SCNA to access funding through the Community Building & Engagement
Program administered by Greater Oshkosh Healthy Neighborhoods, Inc. (GO-HNI) to support
neighborhood events, projects, and activities. In addition, SCNA will be eligible to apply for City's Great
Neighborhoods funding to support capital improvements in their neighborhood and property owners will
be eligible to apply for financial housing incentive programs available to City of Oshkosh recognized
neighborhood associations.
Please contact me if you have any questions concerning the Sawyer Creek Neighborhood Association.
A t t a chment sAttachments
Sawyer Creek Neighborhood
Sawyer Creek Neighborhood Agreement
Name:Sawyer Creek Neighborhood Association
Vision:The Association’s Vision Statement:Sawyer Creek N.A is a walkable,socially and economically
diverse neighborhood where the quality of life is rich for all ages.All people are welcomed and valued and are
encouraged to engage in open communication and to participate in community events.
Mission:The Association’s Mission Statement:Sawyer Creek N.A brings neighborhood residents together to
get to know one another,create community and build upon existing assets,develop a collective voice to
represent the desires of its membership,and collaborate with neighbors and other Oshkosh stakeholders to
address issues and opportunities related to local quality of life.
Boundaries:The Association’s boundaries are:
South of Sawyer Creek
West Side of Sawyer Street
North of Witzel
East of Koeller
Association Membership:Membership in the Sawyer Creek N.A is open to all persons,18 years of age and
older,residing in or owning a property or business or representative(s)of business within the Sawyer Creek N.A
boundaries.Membership is strictly voluntary;no neighbor will be required to participate.There are no fees to
be a member of Sawyer Creek N.A.
Each member shall be entitled to one vote.Decisions are made by majority rule of those present.
An annual meeting or General Membership meeting shall be held once a year.The core team members
determine the time and place of these meetings and provide advance notice to members as a reminder.Other
meetings may be held with advance notice provided to all members.*Oshkosh Civility Project principles will
be utilized during all meetings (oshkoshcivilityproject.com).
Leadership:Sawyer Creek N.A is led by a core team of at least (5)members.All members of the Core Team
must be a resident (owning or renting),property or business owner or business representative within the
neighborhood boundaries and are elected to serve a one-year term.In the case of a core team member vacancy,
the remaining members of the core team are authorized to recruit and replace the committee member.
Oshkosh Healthy Neighborhoods Alliance (OHNA)is made up of leadership from all neighborhood
associations and meets monthly every third Tuesday from January through October.At least one neighborhood
association member(s)should represent Sawyer Creek N.A at the OHNA meetings.
Community Building and Engagement Funds:Greater Oshkosh Healthy Neighborhoods,Inc (GO-HNI)has
funds to be used for neighborhood associations to encourage connectedness in the neighborhoods.To use funds,
pass a vote on projects and/or events and submit a Community Building and Engagement Application for
consideration.Once approved by GO-HNI staff,neighborhood associations are able to purchase items for the
stated project/event.After the project/event submit receipts and documentation to receive reimbursement for
expenses.
[Neighborhood Association]Agreement 1
GO-HNI has a State of Wisconsin Raffle License that can be used for fundraising efforts by submitting a
Raffle License Application and be approved by GO-HNI staff.Documentation will be needed for the use of
Raffle License by State guidelines.
Policy Statement of Diversity and Inclusion:The Sawyer Creek N.A values the uniqueness of the individual,
the power of the collective good and the importance of communities.We promote a climate that welcomes,
understands and respects the diversity of our neighbors,staff,clients,donors,volunteers,and community
partners.Dimensions of diversity include,but are not limited to age,race,ethnicity,national origin,religious
belief,disability,sexual orientation,gender identity,or any other characteristic protected by law.
Dissolution:The Sawyer Creek N.A shall dissolve if and only if the Sawyer Creek N.A has attempted to remain
active through the guidance of Greater Oshkosh Healthy Neighborhoods,Inc or the City.If Sawyer Creek N.A
decides to dissolve the Sawyer Creek N.A must provide documentation of vote to Oshkosh Healthy
Neighborhoods and the City.All remaining funding will be returned to Greater Oshkosh Healthy
Neighborhoods,Inc.
Amendment of Agreement:The power to alter,amend or repeal the Agreement or adopt new Agreement shall
be vested in the members.Such action shall be taken at an Annual Membership meeting,or a meeting called for
that purpose by a simple majority vote of those present.The Agreement may contain any provision for
regulation and management of the affairs of the Sawyer Creek N.A consistent with the law.Written advance
notice (minimum of two-weeks)shall be given for any proposed change to the Agreement.
[Neighborhood Association]Agreement 2
Julie Maslowski—Social Media—-
Mary D’angelo–Alliance Rep—-m_dangelo@sbc.global.net 920-233-4408
Midge Counton—welcome bag—-920-651-8844 home phone best way to reach
Joel Morrell -Leadership/President–joeljmorell@gmail.com 920-737-3603
Megan Turner -Volunteer tracker—turnmill21@gmail.com 920-410-6683
Barbra Fores–CB&E—-920-235-8491 home phone
Hayley Morell -General Member–hayleymmorell@gmail.com 715-212-1193
Jamie Macareo-General Member-jamie.marcareo@yahoo.com 920-470-2932
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L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: brandonn
P r o p o s e d M i r a v i d aNeighborhood
City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 9/19/2023
1 in = 700 ft1 in = 0.1 3 mi¯
250 0 250 500 750 1,000125
Feet
Prepared by: City of Oshkosh, WI
SUB JEC T:SUB JEC T : Strategic Plan Dashboard Updated for 3rd Quarter
D A TE :D A T E :October 24, 2023
There a r e no a t t a chment s or a d d it iona l infor ma t ion for t his it em. T her e a r e no a t t a chment s or a d d it iona l info r ma t ion fo r t his it em .
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 24, 2023
SUB JEC T:SUB JEC T :Halloween Trick-or-Treat Hours: October 31st, 5:00 PM - 7:00 PM
SUB JEC T:SUB JEC T : Outstanding Issues
D A TE :D A T E :October 24, 2023
Sub jectSubject
Outstanding Issues
A t t a chment sAttachments
Outstanding Issues 10.24.2023
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.11/28/2023
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. 11/28/2023
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.11/28/2023
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
10/24/2023 Council Meeting