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HomeMy WebLinkAboutAGENDApacket__01-23-24 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 J anuary 23, 2024 If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002. To send wr itten corr espondence to the Council, mail it to the City Manager , place it in the City Hall Dropbox, or email it to council@oshkoshwi.gov, (prior to the Council meeting). A.CALL TO ORDER (6:00 PM) B.ROLL CALL C.INVOCATION - VOTING FIRST: Council Member Haase Invocation #1 D.PLEDGE OF ALLEGIANCE: Webster Stanley and Merrill Elementary E.INTRODUCTION OF STAFF: Jerry Fabisch, Chief Building Official in Inspection Services Division Darryl Eschete, Library Director F.PROCLAMATION Transit Equity Day, Feburary 4, 2024 G.PRESENTATION: TIF Development Agreement Presentation - Aligned Medical Oshkosh (ThedaCare/Froedert Health) H.CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; they must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) If you require more time please inform the Mayor at the beginning of your presentation. I.CONSENT AGENDA ITEMS (Consent Agenda items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1.Report of Bills by the Finance Director, January 5, 2024 2.Receipt & Filing of Minutes - Common Council Meetings Regular Meeting - 12.12.23 Closed Session - 12.12.23 Regular Meeting - 01.09.24 3.Receipt & Filing of Minutes - Museum, Arts, and Culture Board Meeting 12.13.2023 4.Res 24-19 Consideration of Initial Resolution Regarding Taxable Industrial Development Revenue Bond Financing for 1508 Koeller Oshkosh LLC, Project Located at 1530 South Koeller Street. Information with respect to the job impact of the project will be available at the time of consideration of the Initial Resolution. 5.Res 24-20 Approve Budget Amendment to Use Financial Gifts Received by Oshkosh Public Museum 6.Res 24-21 Approve CIP Amendment and Award Bid for Public Works Contract No. 24-06 to Jim Fischer, Inc. for Concrete Sidewalk (New and Rehabilitation) ($1,567,645.50) 7.Res 24-22 Approve Amendment No. 1 to Professional Services Agreement with Jacobs Engineering Group, Inc. (Jacobs) for 2023 Water Utility Technical Services (+$50,000) 8.Res 24-23 Approve Labor Contract with Oshkosh Police Supervisors Association for Years 2024, 2025, and 2026 9.Res 24-24 Approve Setting Public Hearing Date for Right-of-Way Vacation of Ivy Place and Public Alley Located between North Main Street and Division Street, South of Church Avenue (Plan Commission Recommends Approval) 10.Res 24-25 Approve Conditional Use Permit for a Personal Storage Facility Located at 255 East Snell Road (Plan Commission Recommends Approval) 11.Res 24-26 Approve Conditional Use Permit for a Concrete Batch Plant Located at 3010 Bradley Street (Plan Commission Recommends Approval) 12.Res 24-27 Award Bid to Kaschak Roofing Inc. for Roof Replacement for Oshkosh Public Library ($197,900.00) 13.Res 24-28 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Miller's Bay for the Otter Street Winter Fisheree, February 3, 2024 14.Res 24-29 Approve Special Event - Battle On Bago Foundation Inc. to Utilize Menominee Park, Miller's Bay, Park Trails, and City Streets for the Battle on Bago Event, February 16 & 17, 2024 15.Res 24-30 Approve Special Event - Father Carr's Place 2 Be to Host the CaRRnival for Kids in Father Carr's Parking Lot, 1062 N Koeller, June 1, 2024 16.Res 24-31 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park, Miller's Bay, Gazebo Area, and Cruiser Docks for the Otter Street Walleye Tournament, June 14 - 16, 2024 17.Res 24-32 Approve Special Event - Oshkosh YMCA to Utilize City Streets for the Oshkosh Century Bike Ride, June 23, 2024 18.Res 24-33 Approve Special Event - Oshkosh Youth Baseball (OYB) to Utilize Menominee Park and Reetz Softball Complex for the Oshkosh Youth Baseball Tournament, June 28 - 30, 2024 19.Res 24-34 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Ames Point for the Otter Street Kids Fisheree, August 10, 2024 20.Res 24-35 Approve Special Event - Vietnam Veterans of America Chapter 437 to Utilize South Park War Monument for the POW/MIA Remembrance Ceremony, September 21, 2024 21.Res 24-36 Approve Special Event - The Amyotrophic Lateral Sclerosis (ALS) Association to Utilize Menominee Park for the Walk to Defeat ALS, September 21, 2024 22.Res 24-37 Approve Special Event - Alzheimer's Association to Utilize Lakeshore Park, Pavilion, Trail, and City Streets for the Walk to End Alzheimer's, September 28, 2024 23.Res 24-38 Approve Special Class "B" Licenses 24.Res 24-39 Approve Appointments to Various Boards and Commissions J.ITEMS REMOVED FROM CONSENT AGENDA K.PENDING ORDINANCE 25.Ord 24-40 Approve Zone Change from General Agricultural Extraterritorial District (A-2ETZ) to Single-Family Residence Extraterritorial District (R-1ETZ) for a property located at 4744 County Highway K in the Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) 26.Ord 24-41 Approve Zone Change from Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) to Institutional District (I) for the Property Located at 425 North Washburn Street (Plan Commission Recommends Approval) L.NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken at this meeting on items marked with an asterisk (*) unless Council formally waives the rules.) 27.*Ord 24-42 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on Designated Streets and Alleys (Congress Avenue) (Transportation Committee Recommends Approval) 28.*Ord 24-43 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on Designated Streets and Alleys (Punhoqua Street) (Transportation Committee Recommends Approval) 29.*Ord 24-44 Amend Section 27a-2 of the Municipal Code Pertaining to Prohibited Right Turns at the Intersection of North Main St, Harrison Street, and New York Avenue (Transportation Committee Recommends Approval) M.NEW RESOLUTIONS 30.Res 24-45 Renewal of Agreement with the Emergency Medical Services Medical Director ($20,000.00) 31.Res 24-46 Appropriate ARPA Funds for Specific 2024 Infrastructure Projects 32.Res 24-47 Approve Conditional Use Permit for an Institutional Use at 425 North Washburn Street (Plan Commission Recommends Approval) 33.Res 24-48 Approve Blight Designation and Land Acquisition for Property Located at 1203 Oshkosh Avenue (Redevelopment Authority Recommends Approval) 34.Res 24-49 Approve Professional Services Agreement from Short Elliott Hendrickson Inc. for Architectural Services for Fire Training Center for Oshkosh Fire Department ($436,703.00) N.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 35.Council Discussion and Direction to Staff A. Council Discussion Regarding Mayor Selection Process (Mugerauer) B. Status of Available Combination "Class B" Licenses 36.Future Workshops Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's Four-Seasons Building O.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS P.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 37.Update on Proposed Vehicle Registration Fee (VRF) and Utility Fees as Replacement of Special Assessments for Street Reconstruction Projects 38.Update on Process for ARPA Funds for Non-Infrastructure Projects 39.SB 961 (Urban Towns Bill) Update 40.Strategic Plan Dashboard Updated for 4th Quarter 41.One-Year Extension of the Intergovernmental Agreement with Winnebago County on Inter-City Pilot Microtransit Service between Oshkosh and Neenah 42.Outstanding Issues Q.ADJOURN TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Russ Van Gompel, Director of Finance D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Report of Bills by the Finance Director, January 5, 2024 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 $6,082,194.38. Bills paid January 5 and January 12, 2024 $2,972,933.74 Payroll paid January 5 and January 19, 2024 $2,429,693.20 Regular UMR payables paid throughout the month of December 2023 $679,567.44 A t t a chment sAttachments 01052024 Checkrun 01122024 Checkrun 2023 Dec UMR Voucher CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 8961 01/05/2024 AUTOMATED COMFORT CONTROLS INC 1,420.51 8962 01/05/2024 ADVANTAGE POLICE SUPPLY INC 21,905.00 8963 01/05/2024 AECOM INC 10,500.00 8964 01/05/2024 AIRGAS USA LLC 5,059.38 8965 01/05/2024 ANTHONY L NEUMANN 11.66 8966 01/05/2024 AXCEL TECHNOLOGY LLC 62,791.00 8967 01/05/2024 CHEMTRADE CHEMICALS US LLC 4,043.03 8968 01/05/2024 CINTAS CORPORATION NO 2 813.30 8970 01/05/2024 CONWAY SHIELD 248.15 8971 01/05/2024 IMAGE 360 INC 100.00 8972 01/05/2024 DFI SOLUTIONS IN PRINT INC 6,012.97 8973 01/05/2024 ENVISIONINK PRINTING SOLUTIONS INC 765.00 8974 01/05/2024 E S R I INC 60,250.00 8975 01/05/2024 FACILITY ENGINEERING INC 8,455.00 8976 01/05/2024 FIRELINE SPRINKLER CORPORATION 337.00 8977 01/05/2024 GARROW OIL CORP 42,007.12 8978 01/05/2024 GFL ENVIRONMENTAL 177.76 8979 01/05/2024 HYDRO CORP 6,187.00 8980 01/05/2024 J F AHERN CO 315.00 8981 01/05/2024 JOHNSON CONTROLS US HOLDINGS LLC 9,378.91 8983 01/05/2024 KOBUSSEN BUSES LTD 197.76 8984 01/05/2024 LEXIPOL LLC 18,721.12 8985 01/05/2024 MACQUEEN EQUIPMENT GROUP 7,466.21 8986 01/05/2024 MECHANICAL TECHNOLOGIES INC 3,804.58 8987 01/05/2024 MICHELS ROAD AND STONE, INC 200.41 8989 01/05/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 20,312.69 8990 01/05/2024 POLYDYNE INC 18,170.00 8991 01/05/2024 PRIMADATA LLC 15,718.30 8992 01/05/2024 RUGGED DEPOT 3,960.70 8993 01/05/2024 SERVICEMASTER BLDG MAINTENANCE 945.00 8994 01/05/2024 TYLER TECHNOLOGIES INC 32,476.25 8995 01/05/2024 ON TIME EMBROIDERY INC 585.00 8996 01/05/2024 VANGUARD COMPUTERS INC 3,600.00 8997 01/05/2024 VORPAHL INC 1,655.22 8998 01/05/2024 WI PUBLIC SERVICE CORP 17,389.32 5000306 01/05/2024 CIVICPLUS LLC 22,371.21 5000307 01/05/2024 KENNETH L GRESSER 28.17 5000308 01/05/2024 MONSIDO INC 4,326.00 5000309 01/05/2024 ZIX CORP SYSTEMS INC 12,880.15 5000310 01/05/2024 10-33 VEHICLE SERVICES LLC 6,438.69 5000311 01/05/2024 ALADTEC INC 12,031.36 5000312 01/05/2024 ANDREW J PRICKETT 76.64 5000313 01/05/2024 SANDRA L PRUNTY 100.00 5000314 01/05/2024 BARR RACKING LLC 6,628.00 5000315 01/05/2024 BLUE FROG PROPERTY MANAGEMENT LLC 101.05 5000316 01/05/2024 BOB GRIFFIN CARPENTRY LLC 10,210.00 5000317 01/05/2024 BOUND TREE MEDICAL LLC 259.53 5000318 01/05/2024 BRANDON C NIELSEN 24.24 5000319 01/05/2024 BRIDGEVIEW DENTAL 2,069.50 5000320 01/05/2024 CARAHSOFT TECHNOLOGY CORPORATION 17,374.50 5000321 01/05/2024 CURT KLASKE 41.92 5000322 01/05/2024 D AND K RENTALS 120.00 5000323 01/05/2024 DESTINY SOFTWARE INC 6,700.00 5000324 01/05/2024 DIRECT TECHNOLOGY GROUP 8,988.00 5000325 01/05/2024 EMMA DZIENGELESKI 45.85 5000326 01/05/2024 FILEONQ INTEGRATED SOFTWARE 3,720.60 5000327 01/05/2024 FOCUS PROPERTIES LLC 37.65 5000328 01/05/2024 FUN SCIENCE INC 503.00 5000329 01/05/2024 GRAINGER INC 572.11 5000330 01/05/2024 GUNDERSON CLEANERS INC 1,818.71 5000331 01/05/2024 HENRY SCHEIN INC 2,673.52 5000332 01/05/2024 HRNAKS 4,737.53 5000333 01/05/2024 ALEXIS OR TYLER JANZEN 127.73 5000334 01/05/2024 JIM KOEPNICK PHOTOGRAPHY LLC 750.00 5000335 01/05/2024 JEFFREY R JUNGWIRTH 98.36 5000336 01/05/2024 A. KALMERTON WELDING SUPPLIES 382.28 5000337 01/05/2024 KLB PROPERTIES LLC 37.35 5000338 01/05/2024 KLINK EQUIPMENT 39,242.05 5000339 01/05/2024 JEFFREY O KROHN 35.28 5000340 01/05/2024 LISA SOSINSKI 44.80 5000341 01/05/2024 FOX WOLF WATERSHED ALLIANCE INC 2,560.00 5000342 01/05/2024 NICOLET INVESTMENTS OF OSHKOSH LLP 31.75 5000343 01/05/2024 OSHKOSH AREA HUMANE SOCIETY 104,958.00 5000344 01/05/2024 CITY OF OSHKOSH 33.24 5000345 01/05/2024 CITY OF OSHKOSH 166.00 5000346 01/05/2024 OSHKOSH HERALD LLC 3,048.84 5000347 01/05/2024 OSHKOSH KIDS FOUNDATION 26,668.64 5000348 01/05/2024 OSHKOSH OPERA HOUSE 204,000.00 5000349 01/05/2024 PARK 'N PRINT INC 487.00 5000350 01/05/2024 POMP'S TIRE SERVICES INC 770.32 5000351 01/05/2024 RAINBOW TREECARE SCIENTIFIC ADVANCEMENTS 7,168.99 5000352 01/05/2024 RANDY R DOMER 321.90 5000353 01/05/2024 RETTLER CORPORATION 9,025.00 5000354 01/05/2024 SNAP-ON INDUSTRIAL INC 2,573.75 5000355 01/05/2024 SOUTHERN COMPUTER WAREHOUSE 8,374.04 5000356 01/05/2024 T MOBILE 32.80 5000357 01/05/2024 TECHNOLOGY PLUS LLC 9,059.47 5000358 01/05/2024 THINKGARD LLC 8,316.00 5000359 01/05/2024 THOMAS R KARRELS PE SC 4,934.00 5000360 01/05/2024 TISLER BRIAN 57.46 5000361 01/05/2024 TKK ELECTRONICS LLC 786.75 5000362 01/05/2024 TODD MUEHRER 21.62 5000363 01/05/2024 UNIVERSITY OF WISCONSIN- STEVENS POINT 935.00 5000364 01/05/2024 UNITED PARCEL SERVICE 68.57 5000365 01/05/2024 US BANK TRUST 500.00 5000366 01/05/2024 US CELLULAR 11.25 5000367 01/05/2024 U S POST OFFICE 300.00 5000368 01/05/2024 US SIGNAL COMPANY LLC 23.82 5000369 01/05/2024 VERIZON WIRELESS 120.05 5000370 01/05/2024 W F S A A 75.00 5000371 01/05/2024 WI SOCIETY OF LAND SURVEYORS 90.00 947,095.39 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 8999 01/12/2024 AURORA HEALTH CARE 249.00 9001 01/12/2024 AXON ENTERPRISE INC 39,114.31 9003 01/12/2024 CASEY M CANADY 13.10 9004 01/12/2024 CHEMTRADE CHEMICALS US LLC 8,443.46 9005 01/12/2024 CINTAS CORPORATION NO 2 352.72 9006 01/12/2024 CONVERGENT INSURANCE BROKERS, LLC 2,431.91 9007 01/12/2024 DFI SOLUTIONS IN PRINT INC 9,142.20 9008 01/12/2024 EMPATHIA INC 2,505.60 9009 01/12/2024 ENERGENECS INC 6,933.92 9010 01/12/2024 ENERGY CONTROL AND DESIGN INC 4,816.18 9011 01/12/2024 ENVIRONMENTAL MANAGEMENT AND TESTING SERVICES 2,405.00 9012 01/12/2024 ENVISIO SOLUTIONS INC 14,431.44 9013 01/12/2024 ENVISIONINK PRINTING SOLUTIONS INC 4,503.62 9014 01/12/2024 FIRELINE SPRINKLER CORPORATION 1,055.00 9015 01/12/2024 FRANK CONTRACTORS LLC 1,710.00 9016 01/12/2024 HUNTER SECURITY AND SURVEILLANCE 16,908.98 9018 01/12/2024 JOHN ZARATE 20.96 9019 01/12/2024 JUSTIFACTS CVS INC 1,470.88 9020 01/12/2024 K AND C PEST CONTROL LLC 200.00 9021 01/12/2024 KEMIRA WATER SOLUTIONS INC 10,939.90 9022 01/12/2024 KOBUSSEN BUSES LTD 465.70 9023 01/12/2024 KONE INC 1,145.02 9025 01/12/2024 KWIK TRIP INC 1,830.29 9026 01/12/2024 LEADSONLINE 7,897.00 9027 01/12/2024 MANDI KATION 50.00 9028 01/12/2024 NORTHERN LAKE SERVICE INC 649.86 9029 01/12/2024 OSHKOSH CITY CAB CO INC 98,400.50 9030 01/12/2024 PREMISE HEALTH EMPLOYER SOLUTIONS LLC 27,212.92 9031 01/12/2024 PROFESSIONAL SVC INDUSTRIES 9,881.25 9032 01/12/2024 PSYCHOLOGIE CLINIQUE SC 610.00 9033 01/12/2024 QUALITY TRUCK CARE CENTER INC 3,716.41 9034 01/12/2024 RED SHOES INC 2,000.00 9035 01/12/2024 NES ECOLOGICAL SERVICES 27,800.00 9036 01/12/2024 SERVICEMASTER BLDG MAINTENANCE 3,625.00 9037 01/12/2024 TAPCO INC 54,413.90 9038 01/12/2024 VALLEY VNA HEALTH SYSTEMS INC 1,850.00 9039 01/12/2024 VANGUARD COMPUTERS INC 40,646.48 9040 01/12/2024 WISCONSIN CITY COUNTY MANAGEMENT ASSOCIATION 525.00 9041 01/12/2024 WI PUBLIC SERVICE CORP 74,836.70 9042 01/12/2024 WISCONSIN LAW ENFORCEMENT ACCREDITATION GROUP 650.00 9043 01/12/2024 WILLIS TOWERS WATSON MIDWEST INC 75,140.53 5000372 01/12/2024 AXIOM INC 50,519.00 5000373 01/12/2024 BECCA ANDRASCHKO 15.30 5000374 01/12/2024 JENDCO INC 8,729.00 5000375 01/12/2024 KURZ INDUSTRIAL SOLUTIONS INC 8,169.93 5000376 01/12/2024 1627 ELMWOOD LLC 1,000.00 5000377 01/12/2024 4 IMPRINT 1,890.90 5000378 01/12/2024 ALEXANDER CHEMICAL CORPORATION 39,825.00 5000379 01/12/2024 APPLETON ROOFING AND REMODELING LLC 15,325.00 5000380 01/12/2024 ASSOCIATED BANK OF OSHKOSH 650.00 5000381 01/12/2024 BARR RACKING LLC 1,058.00 5000382 01/12/2024 BLDG INSPECTORS ASSN N E WISC 200.00 5000383 01/12/2024 BLUE FROG PROPERTY MANAGEMENT LLC 38.81 5000384 01/12/2024 BOUND TREE MEDICAL LLC 1,752.70 5000385 01/12/2024 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 274,547.54 5000386 01/12/2024 CASEY KOELBL 5.90 5000387 01/12/2024 CECELIA R KRAUSE 39.96 5000388 01/12/2024 COMPASS CONSULTING AND INVESTIGATIONS LLC 2,574.20 5000389 01/12/2024 CR FOCHS LLC 7,186.00 5000390 01/12/2024 CRITICAL MENTION INC 5,750.00 5000391 01/12/2024 DONOHUE & ASSOCIATES INC 47,994.77 5000392 01/12/2024 DUNCAN SOLUTIONS LLC 9,774.80 5000393 01/12/2024 EAST CENTRAL WI REG PLAN COMM 5,710.32 5000394 01/12/2024 EMERGENCY SERVICES CONSULTING INTERNATIONAL INC 20,662.00 5000395 01/12/2024 TERESA M ENKING-NOVAK 94.30 5000396 01/12/2024 GARTMAN MECHANICAL SERVICES 142.00 5000397 01/12/2024 GRAEF USA INC 1,076.00 5000398 01/12/2024 HOUSEAL LAVIGNE ASSOCIATES LLC 2,070.00 5000399 01/12/2024 ICMA 1,065.36 5000400 01/12/2024 JASON ELLIS 23.58 5000401 01/12/2024 JERRY FABISCH 107.42 5000402 01/12/2024 KEVIN W RADLOFF AND KIM M RADLOFF 12,500.00 5000403 01/12/2024 KODI PARKER 6.55 5000404 01/12/2024 LAURA SCHOEPKE 39.69 5000405 01/12/2024 LAURIE LAATSCH 117.90 5000406 01/12/2024 THE LEAGUE OF WISCONSIN MUNICIPALITIES 13,719.08 5000407 01/12/2024 LEE'S CONTRACTING/ FABRICATING INC 6,936.00 5000408 01/12/2024 LEIGH SCHUH 28.17 5000409 01/12/2024 RELX INC 300.00 5000410 01/12/2024 MATTHEW ZIEGLER 223.93 5000411 01/12/2024 ASCENSION NE WISCONSIN INC 67.98 5000412 01/12/2024 MID WISCONSIN CHIPPERS 35.00 5000413 01/12/2024 MURPHY DESMOND SC 1,305.00 5000414 01/12/2024 NICOLE KRAHN 86.46 5000415 01/12/2024 NORTHERN TELEPHONE &DATA CORP 195.50 5000416 01/12/2024 ADVANCED COATINGS INC 50.00 5000417 01/12/2024 FOX VALLEY MULTIFAMILY LLC 50.00 5000418 01/12/2024 SWIFT TRANSPORTATION CO OF ARIZONA LLC 3,334.69 5000419 01/12/2024 TILSON TECHNOLOGY 61.46 5000420 01/12/2024 OSHKOSH AREA COMMUNITY FOUNDATION 400,000.00 5000421 01/12/2024 OSHKOSH HERALD LLC 1,048.81 5000422 01/12/2024 OSHKOSH ROTARY CLUB 232.00 5000423 01/12/2024 POLICY CONFLUENCE INC 18,800.00 5000424 01/12/2024 POMP'S TIRE SERVICES INC 1,363.49 5000425 01/12/2024 PRIMARY COLORS 1,573.33 5000426 01/12/2024 RAY OHERRON CO INC 14,170.00 5000427 01/12/2024 RIESTERER & SCHNELL INC 48.77 5000428 01/12/2024 NIKUNJ OR KIRTIDA RINGWALA 73.87 5000429 01/12/2024 SCHMITT TITLE LLC 45.18 5000430 01/12/2024 SMA CONSTRUCTION SERVICES LLC 298,436.50 5000431 01/12/2024 ADRIANE N STECKER 74.17 5000432 01/12/2024 NICHOLAS G STRUJA 11.00 5000433 01/12/2024 THE HOME DEPOT PRO 601.40 5000434 01/12/2024 THE HOME DEPOT PRO 59.84 5000435 01/12/2024 THE HOMES OF WYLDEWOOD II 17.00 5000436 01/12/2024 THE TITLE EXCHANGE 39.93 5000437 01/12/2024 TITAN PROPERTY MANAGEMENT LLC 159.73 5000438 01/12/2024 UNITED MAILING SERVICE INC 557.17 5000439 01/12/2024 UNITED PARCEL SERVICE 124.51 5000440 01/12/2024 VERIZON WIRELESS 12,001.59 5000441 01/12/2024 VIRTUAL ACADEMY 5,500.00 5000442 01/12/2024 VON BRIESEN AND ROPER SC 2,425.50 5000443 01/12/2024 WISCONSIN DEPARTMENT OF JUSTICE 825.00 5000444 01/12/2024 WI DEPT OF TRANSPORTATION 9,318.24 5000445 01/12/2024 WI RURAL WATER ASSOCIATION 55.00 5000446 01/12/2024 DAVID C WISSINK 226.38 5000447 01/12/2024 WISCONSIN WOMEN BUSINESS INITIATIVE CORPORATION 150,000.00 2,025,838.35 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Diane Bartlett, City Clerk D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Common Council Meetings Regular Meeting - 12.12.23 Closed Session - 12.12.23 Regular Meeting - 01.09.24 A t t a chment sAttachments Draft Meeting Minutes 12.12.23 Draft Meeting Minutes 01.09.24 Draft Meeting Minutes 12.12.23 Closed Session D R A F T CITY COUNCIL MINUTES 12-12-2023 CALL TO ORDER 6:01 PM ROLL CALL Present:Matt Mugerauer, Mayor; Lynnsey Erickson; Karl Buelow; Paul Esslinger; Mike Ford; LaKeisha Haase; Joe Stephenson Staff Present: Mark Rohloff, City Manager; Amy Vanden Hogen, Assistant City Attorney; Diane Bartlett, City Clerk Attendees:Kelly Nieforth, Community Development Director PLEDGE OF ALLEGIANCE: CITIZEN STATEMENTS TO COUNCIL - none CONSENT AGENDA ITEMS Report of Bills by the Finance Director Receipt & Filing of Minutes - Common Council 11.28.23 Res 23-620 Amend 2023 Capital Improvement Plan and Approve Purchase for Acquisition in 2026 from Fire Apparatus & Equipment Inc. of a Fire Aerial Apparatus for Fire Department ($1,142,085.00) Res 23-621 Approve Purchase of Street Lighting Fixtures from Enterprise Lighting LTD for Electrical Division ($94,254.30) Res 23-622 Approve Budget Amendment for 2023 Business Improvement District (BID) Budget ($30,000) Res 23-623 Approve Purchase of Three-Year AlienVault Agreement from Axcel Technology, LLC for IT Division ($51,793.00) Res 23-624 Approve Cooperative Purchase of Computers from Vanguard Computers ($86,818.73) Res 23-625 Approve Labor Contract with Oshkosh American Federation of State, County, & Municipal Employees (AFSCME) Local 796 Transit for Years 2024, 2025 & 2026 Res 23-626 Approve 2024 Across-the-Board Market Increase for Non-Represented Employees Res 23-627 Award Bid to Badger Laboratories Inc. for Industrial Wastewater Sampling and Analysis Services 2024-2026 ($190,472.00) Res 23-628 Approve Professional Services Agreement with AECOM for Knapp Street Quarries, Kienast-Paulus Quarries, and Timmerman Landfill for Operations, Monitoring, and Maintenance Support during 2024 Calendar Year ($136,950) Res 23-629 Approve Amendment to Contractor Agreement with Bezio Animal Control for Nuisance Animal Trapping for Storm Water Utility (+$20,100) Res 23-630 Approve Change Order No. 1 (Final) for Public Works Contract No. 21-18 Pioneer Riverwalk Phase I / Vinton Construction Company (-$13,001.51) Res 23-631 Approve Change Order No. 1 (Final) for Public Works Contract No. 22-02 East 9th Avenue Reconstruction / Advance Construction, Inc. (-$178,131.40) Res 23-632 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 24-12 and Approve Installation of Sidewalk on the North Side of East 7th Avenue from Main Street to East Terminus East 7th Avenue (South Main Street to the East End of East 7th Avenue) South Main Street (100' North of East 7th Avenue to West 8th Avenue) Grand Street (East Parkway Avenue to East Irving Avenue) Oxford Avenue (100' West of Grand Avenue to Grand Avenue) Dale Avenue (100' West of Grand Avenue to Grand Avenue) Res 23-633 Award Bid for Public Works Contract No. 24-15 to Advance Construction, Inc. for West 5th Avenue, West 7th Avenue, Iowa Street, and Michigan Street Reconstruction ($6,342,602.40) Res 23-634 Approve Submitting Application to Federal Emergency Management Agency for the 2023 Building Resilient Infrastructure and Communities (BRIC) Grant Program Res 23-635 Award Bid to Treeo's Tree Service, Inc. for Ash Tree Removal 2024 for Landscape Operations Division ($236,510.00) Res 23-636 Approve Special Event - HC Entertainment to Hold Baile de Año Nuevo at the Sunnyview Exposition Center, January 19, 2024 Res 23-637 Appoint 2024-2025 Democratic, Republican, and Unaffiliated Election Inspectors Res 23-638 Approve Secondhand Article Dealer, Secondhand Jewelry Dealer, and Pawnbroker Licenses Res 23-639 Approve Appointment of Alternate to Plan Commission MOTION TO APPROVE CONSENT AGENDA ABOVE: Motion To Approve: Karl Buelow Second: Paul Esslinger 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 23-640 Approve Zone Change from Suburban Mixed Use District (SMU) to Institutional District (I) for the Property Located at 505 North Westfield Street (Plan Commission Recommends Approval) Motion To Approve: Karl Buelow Second: Paul Esslinger AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed Ord 23-641 Approve Zone Change from Urban Mixed Use District with a Riverfront Overlay (UMU- RFO) to Urban Mixed Use District With Riverfront and Planned Development Overlays (UMU-RFO-PD) the Property Located at 627 Bay Shore Drive (Plan Commission Recommends Approval) Motion To Approve: Paul Esslinger Second: Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed Ord 23-642 Amend Section 30-271(G)(5) of the City Municipal Code Pertaining to Commercial Message in Signage and Chapter 8 Article IV Pertaining to Murals (Plan Commission Recommends Approval) Motion To Approve: 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 23-643 Cancel December 26, 2023 Council Meeting Motion To Approve: Karl Buelow Second: Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed NEW RESOLUTIONS Res 23-644 Approve Fee Schedule for Sewer Use Charges for Direct City Customers Motion To Approve: 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 23-645 Approve Term Sheet with Commonwealth Development Corporation of America for the Jefferson Street Low-Income Housing Development PUBLIC COMMENT: Tyler Sheeran 9502 Watts Rd Verona, WI 53593 Sheeran stated he had provided a term sheet that concludes what they need from the city to submit the application to WHEDA. Assuming approval tonight, they would be able to submit the application by the end of the year. Typically, the awards are determined by late April or early May. If they're able to obtain the funding, construction will begin in the spring of 2025. Motion To Approve: 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 23-646 Approve Conditional Use Permit for an Institutional Use at 505 North Westfield Street (Plan Commission Recommends Approval) Motion To Approve: 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 23-647 Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility Use at 627 Bay Shore Drive (Plan Commission Recommends Approval) Motion To Approve: 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 23-648 Approve Conditional Use Permit for an Outdoor Storage Use at the Property Located at 2840 Oregon Street (Plan Commission Recommends Approval) Motion To Approve: 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 23-649 Approve Specific Implementation Plan Amendment for Phase 1 of a Multi-Family Development at the West 3400 Block of Lake Butte Des Morts Drive (Plan Commission Recommends Approval) PUBLIC COMMENT Dan O'Callaghan / Carlson Black O'Callaghan & Battenberg LLP / 222 W. Washington Ave., Ste. 360 / Madison WI 53703-2745 States he is speaking on behalf of the development team and is a Land and Zoning Lawyer. For this project to make sense from a business standpoint and to be profitable, it needs to be built at four stories. If the project can't move forward at four stories, it is unworkable. The project exceeds all codes and requirements, which makes it a superior project. The council has the authority to reverse the amendment that would allow four stories, and it has been recommended by the city's plan commission twice. We are asking for your support tonight. James F. Rechske 3051 Bellaire Ln Oshkosh, WI 54904 Spoke against the four-story development and stated only the neighbors within a 1000-foot perimeter of the site were notified of this project, but there are over 230 single-story homes that will still be in sight of this project. This project does not blend in with the surrounding area's homes, and they are asking the council to keep their original decision. James Paulson Westbreeze Dr Oshkosh, WI 54904 Spoke against the four-story development and stated he thinks the development as a whole is a bad idea. Last spring, when the council voted to limit it to three stories, he thought it was reasonable and a good compromise. Keeping the project at three stories would be less of a blemish and damage to the natural area. Bill Miller 3322 Issac Oshkosh, WI 54902 Spoke in favor of the four-story development and stated he is going to take a different approach to this three or four-story conflict. He does not think approving the three stories was a good compromise. We did not involve the developer, the person that it affects the most. In the spring, the council never asked for input from the developer and that was not fair. We now know this project does not work at three stories. The project should absolutely move forward. Projects like these help subsidize taxes. Without these projects, we would have zero tax revenue growth. This is how we get money and grow our community. Cheryl Borgardt 2971 Sunset Point Lane Oshkosh, WI 54904 Spoke against the four-story development and stated the city's process robbed the surrounding community of the opportunity to voice their concerns about this project from the very beginning. The city decided not to send out communications about this project. Kathy Brewer 2311 Shore Preserve Oshkosh, WI 54904 Spoke against the four-story development and is advocating for many concerned citizens. There is a misalignment between the 2021 housing study findings and the current pace of development. With a significant number of complexes that are being built or approved, it exceeds the recommendation of high market units needed by 2030 at this market rate. She and so many citizens feel this project can go forward as originally voted on but not adding a fourth story. There is no need for it. COUNCIL DISCUSSION Council Member Stephenson stated that he would like to address some of the speakers' comments, noting he wanted better for this community. He wants this community to succeed. When he stated that the community gets something, he meant that the community gets a high-quality project and housing that we desperately need. Stephenson noted that his brother is a young person, I'm a young person, and if you have a young person in your life, you know that they can't find rentals right now. It's astronomically hard to find a quality rental place to live, Council Member Esslinger appreciated Mr. Miller's comments and noted this project being added to the tax base is very important. This is progress in Oshkosh, Esslinger noted. "It may not be what we all want, but again, the tax implications are huge". Esslinger agrees that rental housing in the city of Oshkosh is a problem. He also wanted to address some emails he received insinuating that Council was doing something illegal and had something to gain from this. These comments are irresponsible. Council Member Buelow states he has been communicating with the city staff and finds that since 2018, only one multifamily unit development didn't have some kind of BSM plan development overlay compromise on it. Buelow went on to note, "There aren't multifamily projects that fit cleanly in the box. In my opinion, this project doesn't qualify for TIF, and it's only profitable at 0 stories or 4 stories. The answer to homelessness is more homes. Every available apartment in this community gets between 30 and 60 applicants immediately. We need more apartments. That is the absolute situation we are in." Council Member Ford took offense to some individuals thinking they had rubber- stamped development requests. He is proud of the process and how things work. Ford recognized some mistakes were made but the plan commission has a good track record of working with residents and developers. This amendment did not come out of the blue. There were conversations at the open houses etc. Ford noted that he is not against this project, but all signs point to him being a minority on this vote. He respects the right of his colleagues to vote for their reasons and will respect the majority decision tonight. Ford also acknowledged that they made mistakes and need to own this, and that's why he is voting No. Council Member Haase stated that because there was an initial question regarding TIF, the formal request would mean that in some way any of the parties were hiding something. Haases does not see that. Haase went on to note that there have been a lot of discussions and options placed on the table: viable options to reduce out-of- pocket cost etc. With the information received today, Council Member Haase would say no, but she agrees with Council about the decision made in March. However, she also agrees with the procedures that council and staff have in place to reconsider. She understands what she has heard from fellow Council members, that mistakes were made, but the process allows Council to reconsider. "We don't necessarily have to deal with the consequences of getting it wrong, especially when there's still time to make it right." Haase also agreed with Council member Buelow that the city is in immediate need of housing and, because of this scale of development and the location of the development, not everyone is going to be happy about it. She also understands the need for housing is immediate. Haase went on to note that she was making a decision based on all the information that was given before her by those who have come forward in opposition and support of this development. Haase would have to support this being four stories, regardless of past decisions/conversations. Motion To Approve: Paul Esslinger Second: Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase No:Mike Ford 6 - 1 Passed Res 23-650 Ratify Declaration of Emergency Issued by the City Manager on May 25, 2023 in Response to Blockage of the City's Water Filtration Plant Intake Pipes and Authorize Emergency Actions, Purchases, and/or Contracts for Services and Amend 2024 Capital Improvement Plan for These Purposes Motion To Approve: Paul Esslinger Second: Karl Buelow 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 Strategic Planning Session, March 4, 2024 (all day; location TBD) Staff is working on a location for the all-day session. The potential location is the new Parks Four Seasons Facility. Continue Discussion of Special Assessment Options from November 14, 2023, Council Meeting DISCUSSION Mr. Rohloff noted that the rate analysis that the Mayor and several Council members had requested, shows the range of the differential between the reallocation of $750,000 for each of the utilities, and it ranges from .25% to .50% annually. Mayor Mugerauer stated that if he remembers right, the approval of the use charges was roughly a small amount, right around a dollar. Mr. Van Gompel confirmed this. "If you just had the sewer it was about a dollar. If you look at all three of our utilities, it's about $2.62 a month". Mayor Mugerauer noted that there are supporting documents in the Council packet. Mr. Rohloff noted that he had some discussions with the Chamber President because previously they were very much against the transportation fee type option, and also stated that it would be appropriate to do some informational sessions/meetings. Particularly as it relates to the vehicle registration fee, because it will be one of those items that has legitimate equity issues, and it is part of a package. Mr. Rohloff noted that if the Council wants to go in this direction, we can get input and get the word out. Special Assessment Deferment Policy (Ford) Council Member Ford - "I hope we can move forward with an ordinance that creates a way for qualifying residents to defer their special assessments. Included in the packet is the Eau Claire deferral process that I think is worth mirroring. Moving forward in this direction, I don't think this ordinance undermines our work to replace special assessments at all. It's a very specific solution to the very specific problem of residents facing the loss of their homes due to a special assessment. Like all of you, I'm tired of telling people who are facing the loss of their homes that we're working on it; we're going to find a comprehensive solution, but there is nothing we can do to help you right now. Ford believes that's plain wrong and not acceptable for our residents to face financial ruin because of a special assessment, so the ordinance I shared is from Eau Claire, a comparable city and a comparable form of government. The ordinance starts with the city council acknowledging that the levy of special assessments can result in extreme financial hardship in some instances. It's a very specific ordinance. It allows residents whose household income is at or below 80 % of the Eau Claire County median income to apply for a deferral. A deferral process allows that lean to stay on the property until the property is sold. The ordinance lays out certain requirements and a process by which a private individual would share financial information. It's a mechanism by which we as a council can review and make sure that this special assessment is truly putting this person's property at risk. Ford noted that this doesn't stop the larger work on special assessments. I also know that because we're deferring those assessments and putting a 6 % interest rate on it, it will turn into a long-term asset for the city that we collect when the property is sold". Council Member Erickson is supportive of this concept. She wished this was something we had when she started on council. Erickson noted that approving special assessments is one of the hardest votes ever made. At this time, she is wondering about a timeline. " If we're supportive of this, and we want to see this move forward. What's even feasible to get something in place before we vote to replace special assessments? Council Member Ford asked city staff how long it would take to get something like this up and running. City Manager Rohloff deferred to Mr. Van Gompel, as he has some knowledge about this. Rohloff noted that once we get definitive direction from council, we can start working out the details. Council Member Ford confirmed that it includes assessments, it includes charges, which would be the sidewalks. City Manager Rohloff stated that it has been his experience that the interest rate may turn off some people so much that they're like, I don't want it. Finance Director Van Gompel reaffirmed that there are some concerns about the fact that we're looking at eliminating special assessments. He cautions that the discussion is about street projects, but noted that we have new utility construction going on that impacts a lot of residents. Van Gompel thinks we can follow two paths, one to set up a potential program similar to Eau Claire, and another in place for the new installation of utilities. Council Member Ford would like to make it clear that if we did adopt the policy word for word, it would include wording that if it's a large property with the capability of selling off portions, it would not necessarily be covered by this policy. This is really about finding those dire situations where we know someone is going to lose their home. Finance Director Van Gompel noted that his time in Eau Claire ended right about the time that this came into play. He did see what was included in the packet and made some additional inquiries to the city of Eau Claire about their program. He believes we can try to model something for Oshkosh, and at the same time pursue what we can with existing street reconstruction projects that we previously talked about. "I think there's room for both paths. A lot of this also relates to our potential debt issue in 2024. Hopefully, we can have some programs in place for Council to consider within the next 60 to 90 days". City Manager Rohloff noted that the other point that Council member Ford was raising is how quickly this can ramp up, and can we make it apply to older special assessments? Can we go back? How difficult would it be? Finance Director Van Gompel replied, "My gut reaction is, that going back in time is going to be difficult in that the assessment resolutions were passed with the policies in place at the time. I would probably want to talk to our legal team about that before I make any additional comments". City Manager Rohloff clarified his question to the point of the balances that remain on old assessments, not assessments that have been paid, referring to assessments that are currently outstanding or even the ones that the council just approved for 2023 that aren't payable until 2024. Council Member Ford noted that he did not think there would be many interested residents. He stated that applicants would have to be in a position to prove that they would lose their home if they received an assessment. "I can't imagine there's a massive number of people that would qualify for this". Council Member Ford noted that the city of Eau Claire doesn't have a huge volume, but it is a tool that's available. Assistant City Attorney Vanden Hogen added that the Legal Department has not seriously looked into this yet. If that's the direction we go, the legal department would certainly look into that and be prepared with an answer after they have a chance to do that research. Council Member Stephenson asked staff to please do their due diligence and look into it. He believes it is a good idea to have them both in tandem. Council Member Buelow stated that every time he reads the policy it just makes so much sense. It is a fairly narrow policy for the people who would be able to apply for it and get relief. It is there for the people that do need it which is exactly the kind of policy we're looking for. He requested staff to look at options for interest rates. Finance Director Van Gompel shared some insight on the interest rate suggestion. There has been talk about different options for establishing the interest rate, such as reviewing it on an annual basis, how much our new debt issuance is going to cost, and doing an annual review, which may have some difficulties. Interest rates can vary. The City Council ultimately approved to make adjustments as conditions warrant. City Manager Rohloff - Noted that Mr. Ford's email is in the agenda packet, on pages 426 to 427. Permeable Pavement Policy (Ford) Mr. Ford highlighted information from the Environmental Studies students at UWO. They will be presenting some ideas regarding the permeable pavement policy the city has, as part of their capstone project. The students presented their ideas to the Sustainability Board and will be sending information about all the projects to the Council. Review of Resolution 21-498, Creating Parameters for Usage of American Rescue Plan Act (ARPA) Funds (Esslinger) Council Member Esslinger stated that he would like to propose using whatever money is left for city projects. Esslinger noted he wanted to help the average taxpayer and use that one-time money for that purpose. Also, instead of going back and starting the process over, he believes there was an issue where some organizations were putting in requests, and other organizations didn't know that they could still apply. Council Member Erickson would not be supportive of Council Member Esslinger's proposal. "I think the intent of the 25 % for non-city programming or direct assistance was to be able to look at the longer-term impacts of the pandemic and consider any concerns that were brought up by the DEI Committee. I believe that type of assistance does have an impact. We've had a lot of focus on how we assist organizations that work with those who are experiencing homelessness and domestic violence. I think nonprofits have a role in providing relief, and I think us investing in those organizations indirectly provides relief to taxpayers." Mayor Mugerauer stated the policy that the Council authored back in 2021 set the stage for many other communities to start following along. The City Manager was patient and deliberate with his process, which was emulated by others. It gave us and staff the framework of how to operate. Mugerauer noted that he would love for this to be able to go towards city projects. But at the time it was a good idea to set aside a specific amount because we knew that there were, not just individuals, but segments of our community that would not get federal funds or state funds to support them through the pandemic. Finance Director Van Gompel explained the current process and how the funds should be allocated by the end of 2024. Van Gompel stated that he did not feel that there's an urgency at this point when we have a year, but a February date would be appropriate for applications. Council Member Buelow thanked Council Member Esslinger for bringing this forward and having the conversation. Council member Buelow agrees with other Council members that the percentage of funds allocated to nonprofits and infrastructure is reasonable and does have a direct impact on taxpayers. Buelow would like to see a robust communications campaign for applications for the remaining non-infrastructure funds. Council Member Ford stated that we came up with that 75 -25 split by trying to estimate how much interest cost we'd save by funding CIP-scored projects, instead of going out on a ten-year note. The logic was not arbitrary, it was to capture those savings and direct those to community organizations. Council Member Haase stated that she would not be in favor of changing the policy. That is inconsistent. Haase agrees with Council member Esslinger that the applications should come to the Council. Providing a more transparent process. Many individuals felt that it was not a transparent process and that their application was not considered. I don't believe that there was anything unethical or inappropriate when it came to city staff reviewing applications. I'm just saying that I do see the arguments that it would make for a more transparent process. This way, the community gets to see who's applying and what they're asking for. Council Member Stephenson appreciated Council Member Esslinger asking the question. While he supports this money going to nonprofits, he agrees with Mayor Mugerauer that council needs to keep its eye on this, "we need to make sure these dollars are going to be spent and allocated appropriately". Council Member Stephenson is also excited to see what type of initiatives the nonprofits will submit. Mayor Mugerauer - We knew that there were going to be significant segments that were going to get help, and we just want to make sure that we had that ability to help. I think the City Manager heard it pretty clearly over the last few weeks regarding this process and trying to get it wrapped up. There is a sense of urgency and making sure that this community is aware and moving that process forward responsibly and respectfully. City Manager Rohloff stated that as a result of these discussions, some new nonprofits have taken notice. Rohloff also believes there is value in getting the DEI committee's input. Council Discussion Regarding Mayor Selection Process (Mugerauer) Mayor Mugerauer noted that he needed to lay this item over until the next meeting. Mayor Mugerauer apologized that he ran up against the deadline and did not supply the information in a sufficient amount of time. Mayor Mugerauer noted that this topic was a carryover from the November 14 Council meeting. Council had left that meeting with a little bit of guidance to staff regarding some analysis. One option is utilities picking up a portion of the special assessments, as well as combining that with a modest vehicle registration fee, as well as the impact of what would be on the utilities.DISCUSSION COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Council Member Ford gave an update regarding the Long-Range Finance Committee meeting. Mayor Mugerauer reminded the Council of the Parks Building's Grand Opening Council Member Buelow stated that he attended the remembrance service for K9 Magic. CITY MANAGER ANNOUNCEMENTS & STATEMENTS City Manager Rohloff highlighted the Professional Service Agreements and Outstanding Issues below: Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2024 ($40,000) Renew Professional Services Agreement with Tyler Technologies, Inc. for Commercial Assessment Services - Annual Maintenance ($53,100) Outstanding Issues CLOSED SESSION (Room 402, City Hall) The Common Council may convene in closed session pursuant to Section 19.85(1)(c) of the Wisconsin State Statutes to consider employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (specifically, the annual performance evaluation of the City Manager). MOTION TO GO INTO CLOSED SESSION Motion To Approve: Lynnsey Erickson Second: Paul Esslinger AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed MOTION TO ADJOURN 8:14 PM Motion To Approve: Joe Stephenson Second: Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 7 - 0 Passed SUBMITTED BY DIANE BARTLETT CITY CLERK D R A F T CITY COUNCIL MINUTES 1-9-2024 CALL TO ORDER 6:01 pm ROLL CALL Present:Matt Mugerauer, Mayor; Lynnsey Erickson; Joe Stephenson; Karl Buelow; Paul Esslinger; LaKeisha Haase Absent:Mike Ford Staff Present: Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk PLEDGE OF ALLEGIANCE: CITIZEN STATEMENTS TO COUNCIL - none CONSENT AGENDA ITEMS Report of Bills by the Finance Director Receipt & Filing of Minutes - Library Board 10.26.23 (Regular Meeting) 11.07.23 (Special Meeting) 11.16.23 (Special Meeting) 11.30.23 (Regular Meeting) Receipt & Filing of Minutes - Museum, Arts and Culture Board Meeting 11.08.23 Receipt & Filing of Claim Filed with the City's Insurance Company - Gosh (Sanitation Department Crane Hit and Damaged Basketball Hoop) Receipt & Filing of Claim Filed with the City's Insurance Company - Cryan (Misc. Complaint) Res 24-02 Approve Labor Contract with Oshkosh Professional Police Association (OPPA) for Years 2024, 2025, and 2026 Res 24-03 Approve Amendment with AECOM for Former Sanitation Garage Demolition and East 8th Avenue Debris Pile Removal Oversight (+$47,000.00) Res 24-04 Approve Amendment No. 4 to Professional Services Agreement with Jacobs Engineering Group, Inc. for Water Filtration Plant Clearwells Replacement Final Design (+$905,585.00) Res 24-05 Approve Professional Services Agreement with Kane Communications Group for Department of Public Works 2024 Strategic Communications Plan Implementation Services ($269,834.10) Res 24-06 Award Bid for Public Works Contract No. 23-29 to Vinton Construction Company, Inc. for Building Demolitions ($367,065.74) Res 24-07 Approve CIP Budget Amendment and Change Order No. 1 (Final) for Public Works Contract No. 23-06 Concrete Sidewalk (New and Rehabilitation) / LaLonde Contractors, Inc. (+$288,799.48) Res 24-08 Authorize the Filing by GO Transit of 2024 FTA & WisDot Operating Assistance Grants As Well As County Transportation Assistance Res 24-09 Approve Amendment to 2023 Student Ridership Agreement with Oshkosh Area School District to Add Morning Transit Tripper Service for North High School Res 24-10 Approve Purchase of Security Cameras from Hunter Security & Surveillance for Fire Department ($85,058.03) Res 24-11 Approve Cooperative Purchase of 2024 Ford Police Interceptor Utility Vehicles from Ewald Automotive Group for Police Department ($421,170.00) Res 24-12 Approve Special Class "B" License - Fe Vida y Esperanza Inc Res 24-13 Approve Appointment of Member to Board of Zoning Appeals MOTION TO APPROVE CONSENT AGENDA ABOVE Motion To Approve Paul Esslinger Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase 6 - 0 Passed ITEMS REMOVED FROM CONSENT AGENDA Res 24-01 Disallowance of Claim - Cryan (Alleged Various Claims) PUBLIC SPEAKER Jane Cryan 1613 Western Street Oshkosh, WI 54901 Cryan claims neighbors are discharging sub-pump water onto her lot. She feels there has been zero response from the Mayor or Council in rectifying the ordinance. Since 2018, the Oshkosh Police Department has refused to stop the verbal abuse and property damages she has suffered from her adjacent neighbors. This is why she claimed monetary compensation. COUNCIL DISCUSSION Council Member Haase explains that for transparency, she believes she must inform the council that she had represented one of Ms. Cryan's neighbors who is mentioned in this complaint. She feels there would not be a conflict with her voting this evening. Mayor Mugereur gave a brief description of the claims process that the city follows. Council Member Esslinger states he would like the public to understand that, like most insurance carriers, if the insurance carrier feels the city is at fault, the claim will be paid/allowed. The council could review and go against the insurance's recommendation. However, if they do, the City is responsible for paying the claim, which is just under half a million dollars. Mr. Esslinger asked if that was a correct understanding, and City Attorney Lorenson stated that was correct. Motion To Approve Paul Esslinger Second Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase 6 - 0 Passed NEW ORDINANCES No formal action was taken at this meeting on the items below / 1st reading *Ord 24-14 Approve Zone Change from General Agricultural Extraterritorial District (A-2ETZ) to Single-Family Residence Extraterritorial District (R-1ETZ) for a property located at 4744 County Highway K in the Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) 1ST READING *Ord 24-15 Approve Zone Change from Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) to Institutional District (I) for the Property Located at 425 North Washburn Street (Plan Commission Recommends Approval) 1ST READING NEW RESOLUTIONS Res 24-16 Approve City Manager Performance Evaluation for 2023 and Goals for 2024 COUNCIL DISCUSSION Deputy Mayor Erickson read through the resolution, findings of the City Manager's review, and the goals set by council for 2024. Mayor Mugereuer thanked Deputy Mayor Erickson for leading us through the process and reiterated their satisfaction with Mr. Rohloff's performance. Motion To Approve Karl Buelow Second Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase 6 - 0 Passed Res 24-17 Approve 2024 Fee and Charges Schedule Motion To Approve Karl Buelow Second LaKeisha Haase AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase 6 - 0 Passed Res 24-18 Approve General Development Plan Amendment for Athletic Fields at the Lourdes Academy, located at 250 North Sawyer Street and 1100 Witzel Avenue (Plan Commission Recommends Approval) Motion To Approve Paul Esslinger Second Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase 6 - 0 Passed COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 1. Public Education Campaign Regarding Proposed Vehicle Registration Fee (VRF) and Utility Fees as Replacement of Special Assessments for Street Reconstruction Projects COUNCIL DISCUSSION City Manager Rohloff stated he included a memo in the Council packets of an overview of the features of the Vehicle Registration Fee as a partial replacement for special assessments. The number of vehicles that would be eligible for the registration fee would be 46,772 which we would have to increase the fee to $35.00 on each registration. The City is trying to recover about $3.75 million which we would no longer collect on special assessments. $2.25 million is through charging the appropriate utilities for their cost. The downside is the concerned cost of our utility fees and that is something that we have to keep track of. The average increase in cost for each utility is a quarter to one-half percent. We want to disclose that. Mr. Esslinger noted that in reading Mr. Rohloff's analysis, he is questioning why only vehicles under the weight of 8,000 pounds would be included with the fee. Wouldn't that be the vehicles that have the least impact on the road? Mr. Rohloff explained that it is the same concern that he has had with the fee. State statute exempts vehicles over 8,000 pounds. This points out the imperfection with vehicle registration fee. Finance Director Russ Van Gempel added that state statute outlines the ability of municipalities to collect a vehicle registration fee locally. The statute defines what we can or cannot have a municipality fee associated with. Council Member Esslinger asked about registration fees for other vehicles. Finance Director Van Gompel responded to Mr. Esslinger's inquiry above, noting that the fee would apply to motor/passenger vehicles only. Council Member Esslinger brought up the possibility of a new council in April, deciding to get rid of the proposed fee. City Manager Rohloff advised that this decision should not be taken lightly and council should make a decision that should have some "staying power". Council Member Stephenson stated he is in favor of this, stating that the council has been wrestling with the special assessments for two decades with no progress". While he agrees there are flaws in registration fees, he feels there are way more flaws in the special assessments. Any solution will be imperfect. That is the nature of government. Council Member Buelow feels in a system where everyone uses the roads, everybody pays a little bit more. Instead of the whole cost being put on the property owner that happens to be in front of that road. It makes sense to move forward with this relief, so homeowners don't see these huge assessment bills that sometimes put people out of their homes. He feels this is the best way to fund the roads we all drive on. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS - none CITY MANAGER ANNOUNCEMENTS & STATEMENTS Cooperative Purchase of 2024 Ford Explorer from Ewald's Hartford Ford LLC for Police Department ($39,656.00) Cooperative Purchase of 2024 Chevrolet Silverado 1500 Pickup Truck from Napleton Chevrolet Columbus for Fire Department ($52,351.30) Cooperative Purchase of 2024 Network Switches from Vanguard Computers, Inc. for IT Division ($69,302.00) Outstanding Issues MOTION TO ADJOURN - 6:46 PM Motion To Approve Paul Esslinger Second Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul Esslinger, LaKeisha Haase 6 - 0 Passed SUBMITTED BY 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 :January 23, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Museum, Arts, and Culture Board Meeting 12.13.2023 A t t a chment sAttachments 12.13.23 MAC Board Minutes Minutes of the December 13, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 1 of 4 Minutes of the December 13, 2023 Board Meeting (Approved at the January 10, 2024 Board Meeting.) The December meeting of the Oshkosh Public Museum (OPM) Museum Arts and Culture (MAC) Board was held Wednesday, December 13, 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 Matzke, Drew Mueske, Vicky Redlin, Alternates Erron Hundt, Carrie Olson. Board Member /Council Member Joseph Stephenson arrived at 4:35 Excused: Board Member Becky Doe Brown 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 With Board Member Brown excused and Mr. Stevenson not present at Roll, Director Phillips asked for motions to appoint Alternates Erron Hundt and Carrie Olson. MOTION: Appoint Erin Hundt to serve in Ms. Brown’s place. (Redlin; second Matzke) CARRIED: Yes (3) Matzke, Mueske, Redlin MOTION: Appoint Carrie Olson to serve in Mr. Stevenson’s place. (Redlin; second Mueske) CARRIED: Yes (4) Hundt, Matzke, Mueske, Redlin There were no citizen statements to the Board and none were received. Consent Agenda items included: A. Minutes of November 8, 2023, MAC Board Meeting B. Receipt of Unrestricted Gifts from M. Thompson ($1,000) and R. Osborn ($2,407.76) MOTION: Approve Consent Agenda (Matzke; second Redlin) CARRIED: Yes (5) Hundt, Matzke, Mueske, Olson, Redlin Director Phillips then recommended a use of the above voted gifts. She asked the Board to consider and approve a 2024 Budget Amendment to add this money to the Limited Term Employee (LTE) line item; for both Visitor Services and the Education Assistant. She noted that there is money in the 2024 budget for these positions, however, this would help enhance that budget line. Minutes of the December 13, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 2 of 4 MOTION: Approve the amount of the gifts ($3,407.76) be added to the 2024 budget for Limited Term Employees. (Redlin; second Olson) CARRIED: Yes (5) Hundt, Matzke, Mueske, Olson, Redlin Director Phillips then presented to the Board a Tiffany exhibit opportunity for 2025. The Neustadt Collection of Tiffany Glass (The Neustadt) in New York has an extensive Tiffany Studios Collection. Their staff are extremely well-researched in all things Tiffany. Ms. Cannizzo noted they have a relatively new traveling exhibit called Tiffany’s Gardens in Glass that includes lamps and a few windows. All of these have elements of nature and landscapes. The exhibit would fit beautifully in the currently being renovated Waldwic Gallery. Ms. Stel mentioned that this would be a Midwest debut for the exhibit as it has mainly been on the east coast and no further west than Pennsylvania. Ms. Cannizzo noted OPM would rent it for the time period of July 19, 2025 through January 3, 2026. The cost of exhibit rental is $50,000 with the requirement of a down payment of $20,000 when the contract is signed and then $15,000 one month prior to the exhibit opening and $15,000 one month after the exhibit opening. The exhibit includes all frames, display furniture, and replacement light bulbs. Additional costs separate from the rental fee will be shipping to and from OPM which may cost about $10,000. Also, the cost of travel for two Neustadt staff to travel to Oshkosh to help set up the exhibit. Ms. Stel stated this will be an attractive exhibit for sponsors. However, for OPM staff to proceed with a contract, the Board would need to approve money to cover all costs of the exhibit. The Board discussed various details, including budget considerations, then a motion was made: MOTION: Approve a 2024 Budget Amendment for the use of Membership Funds for the $20,000 Down Payment of The Neustadt exhibit Tiffany’s Gardens In Glass; and approve the full amount needed for the exhibit. With the understanding that $30,000 plus will be budgeted in the 2025 budget. (Matzke; second Mueske) CARRIED: Yes (5) Hundt, Matzke, Mueske, Olson, Redlin Next, Director Phillips reported that the Executive Director of The Neustadt, Lindsy Parrott, would be pleased to travel to Oshkosh in January 2024 to see the Tiffany-designed Sawyer Home interiors. While she is here Director Phillips and staff can glean knowledge about OPMs Tiffany collection. Ms. Parrott is knowledgeable about Agnes Northrop, the Tiffany artist who is attributed as the designer of the arched Wisteria window in the Sawyer Home. When talking with staff, Ms. Parrott underscored the uniqueness of the Sawyer Home in its entire interior being designed by Tiffany. After Board discussion and questions Director Phillips requested that the Board approve reasonable travel and honorarium expenses from the Collections Fund for Ms. Parrott to travel to Oshkosh. MOTION: Approve use of the Collections Fund for reasonable travel expenses and honorarium for Ms. Parrott to travel to Oshkosh in January 2024. (Redlin; second Hundt) CARRIED: Yes (5) Hundt, Matzke, Mueske, Olson, Redlin Minutes of the December 13, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 3 of 4 Nomination and vote for MAC Board Chair and Vice Chair was next on the agenda. Director Phillips explained that while Attorney Lorenson is doing the final review of the MAC Board Bylaws, she recommended to go ahead and vote for the Chair and Vice Chair because the Bylaws will not change radically. The Board had thoroughly talked through the requirements of the two positions at the last Board meeting and members had expressed interest in the positions. Ms Hundt nominated Vicky Redlin to serve as Chair. (second Olson) Ms. Olson nominated Rebecca Doe Brown to serve as Vice Chair. (second Mueske) MOTION: Appoint Ms. Redlin to serve as Chair of the MAC Board and Ms. Brown to serve as Vice Chair. (Olson; second Mueske) CARRIED: Yes (5) Hundt, Matzke, Mueske, Olson, Redlin Chair Redlin then requested the Director’s Report. Director Phillips began with an update of the second-floor transformation. She noted that work has begun again with crews from Berglund Construction being on-site constructing scaffolding and shoring on the exterior of the building. Over the next two weeks, crews will demo the masonry and install a new steel door and frame, allowing crate access directly to the second floor of the Museum. Work on this phase of building improvements is scheduled to be completed in early January 2024. The second floor of the Museum will be closed to the public for the duration of this project to ensure the safety and security of visitors. Messaging and updates about the reopening of the second-floor galleries will be communicated through the website and social media. Director Phillips then noted that the Visitor Services staff has done an excellent job of communicating this closure to visitors and will continue to share information that may be relevant to the visitor experience as guests arrive at the museum. For the education update Director Phillips turned it over to Curator of Education Neal Matherne. Dr. Matherne began by handing out surveys that the children had filled out. The surveys were delightful to see, with pictures drawn of the things that they enjoyed most at the Museum. It was noted that in 2022 the Oshkosh Area School District (OASD) made it mandatory for all 3rd graders to visit the Museum as part of their history curriculum. Thanks to OASD Superintendent Bryan Davis and Social Studies Curriculum Coordinator Tanya Schmidt who made that happen. He then reported that by the end of January of 2024, for the 2023-24 academic year, the OPM education department will have hosted 47 field trip groups with a total of 951 participants. This includes 36 local and regional elementary school visits (753 participants). Dr. Matherne pointed out that for many of the visitors, their fieldtrip to OPM could be the only opportunity to be at this Museum, or any museum. He noted that children remember their fieldtrips, for good or bad. Therefore, OPM staff want to make these visits fun, interesting, and enjoyable for the children as they learn curriculum related information. Dr. Matherne noted that from a raise of hands at the beginning of the trip on average 86% have never been to a museum. A raise of hands at the end of the visit, 100% say they want to come back. Minutes of the December 13, 2023 Museum Board Meeting Oshkosh Public Museum ■ 1331 Algoma Boulevard ■ Oshkosh, Wisconsin 54901 Page 4 of 4 Ms. Hundt asked if the lessons are intentional for the fieldtrip groups. Dr. Matherne explained that, they are intentional. The OASC Social Studies Curriculum Coordinator works with staff to adjust the teaching points to align with current curriculum. This includes for exhibits such as People of the Waters and The (Menominee) Clans Figures. Dr. Matherne then reported the OPM staff facilitated and hosted nine Family Discovery Days (FDD) for approximately 180 participants. The Fox Valley Technical College Interior Design group came and were amazed by the interior of the Sawyer Home. A few other groups that have visited include 4H groups, Davis Childcare, Lakeside Packaging Plus vocational group, Arc of Fond du Lac, and the AUSA of Madison—a group of high school foreign exchange students. Additionally, in partnership with City of Oshkosh Parks Department, OPM staff have co-facilitated six Cemetery Tours for 120 participants. Dr. Matherne expressed that Education Assistant Kim Straus is very clever in figuring out programs, lessons and make-n-takes to go with themes for each month. She figures out multiple activities for each Family Discover Day so that the various age groups attending have something interesting to do. Chair Redlin mentioned the Oshkosh Fine Arts group has a Plein Air event happening on June 20, 2024. Artists will start the day at the Paine Art Center and Gardens. She asked if it would be ok for the artists to have the option to come to the grounds of the OPM to paint that day. Dr. Matherne said that’d be fine. Director Phillips reported that the 2023 education program has had a significant impact for the Museum. She noted that Dr. Matherne has been with OPM less than a year, yet he has done a great job reaching out to and having these various types of groups visit the Museum. He customizes tours for each of the groups. Council Member Stephenson agreed with Director Phillips that Dr. Matherne is doing a great job of working with groups and building the programs. In closing Dr. Matherne noted that his goal is to make intangible concepts become real to visitors. And he wants to expand the program reach to groups beyond Oshkosh, to have a regional impact. That concluded the Director’s Report. With no other agenda items, Chair Redlin asked for a motion to adjourn. MOTION: Adjourn (Matzke; second Mueske) CARRIED: Voice Vote The meeting adjourned at 5:35 p.m. 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-19 Consideration of Initial Resolution Regarding Taxable Industrial Development Revenue Bond Financing for 1508 Koeller Oshkosh LLC, Project Located at 1530 South Koeller Street. Information with respect to the job impact of the project will be available at the time of consideration of the Initial Resolution. B A C KGRO UN DBACKGROUND 1508 Koeller Oshkosh LLC is requesting the City of Oshkosh pass an initial resolution regarding Industrial Development Revenue Bond Financing to support the issuance of Taxable Industrial Development Revenue Bonds (IDRBs) to finance acquisition, remodeling, rehabilitation, and expansion of an existing shopping mall located at 1530 South Koeller Street. A N A L Y SI SANALYSIS The proposed IDRBs would provide financing for the project in an amount not to exceed $10,750,000 for acquisition and redevelopment of the shopping center located at 1530 South Koeller Street and payment of professional fees and costs associated with the project. Because these are being proposed as taxable bonds, there is no requirement for a public hearing; however, Federal and state laws require that the authorization for IDRBs be done by the consideration of an Initial Resolution and Final Resolution by the City Council. The Initial Resolution is not a commitment to issue bonds, but merely evidences the City's "official intent" to issue bonds on behalf of the borrower pending satisfactory negotiation of the terms of the bonds. The final resolution will be placed on the agenda for a future meeting after negotiations for the bond issue have been completed. Attached to this memorandum is a bond summary prepared by the requester's bond counsel which provides additional detail. FI SC A L I M P A CTFISCAL I M P A C T There is no anticipated fiscal impact from the proposed borrowing. The Initial Resolution would provide the property owner with the opportunity to secure lower interest rate bonds in support of the proposed project. The bonds would not be general obligations of the City of Oshkosh and do not count against the City's borrowing capacity. The City of Oshkosh would not be liable for payment of principal or interest on the Bonds and would not have any ongoing responsibilities for monitoring or reporting with regard to the bonds or the proposed projects. Costs incurred by the City for review by our bond counsel will be reimbursed by the borrower. A t t a chment sAttachments Res 24-19 Bond Summary Agreement re bond issuance 01/23/2024 24-19 RESOLUTION                  PURPOSE: INITIAL RESOLUTION REGARDING TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR 1508 KOELLER OSHKOSH LLC LOCATED AT 1530 SOUTH KOELLER STREET; INFORMATION WITH RESPECT TO THE JOB IMPACT OF THE PROJECT WILL BE AVAILABLE AT THE TIME OF CONSIDERATION OF THE INITIAL RESOLUTION   INITIATED BY : CITY ADMINISTRATION         WHEREAS, Section 66.1103 of the Wisconsin Statutes (the “Act”) authorizes the City of Oshkosh, Wisconsin (the “Issuer”), to authorize the issuance and sale of bonds by the Issuer to construct, equip, re-equip, acquire by gift, lease or purchase, install, reconstruct, rebuild, rehabilitate, improve, supplement, replace, maintain, repair, enlarge, extend or remodel industrial projects; and     WHEREAS, 1508 Koeller Oshkosh LLC, a Wisconsin limited liability company, and/or a related entity, and/or a limited liability entity to be formed (collectively, the “Borrower”), desires to complete a project to be owned by the Borrower consisting of financing the (i) acquisition, remodeling, rehabilitation, and expansion of an existing shopping mall located at 1530 South Koeller Street, Oshkosh, Wisconsin and (ii) payment of professional fees (collectively, the “Project”), all of which will contribute to the well-being of the City of Oshkosh, Wisconsin; and     WHEREAS, the cost of the Project to be financed with bonds is presently estimated not to exceed $10,750,000, and the amount proposed to be financed with one or more issues or series of taxable industrial development revenue bonds issued under the Act does not exceed $10,750,000 (the “Bonds”); and     WHEREAS, it is the public interest of the Issuer to promote, attract, stimulate, rehabilitate and revitalize commerce, industry and manufacturing, to promote the betterment of the economy of the Issuer; and     WHEREAS, the Borrower has requested that the Issuer now approve an initial resolution (the “Initial Resolution”) providing for the financing of the Project with taxable industrial development revenue bonds in an amount not to exceed $10,750,000; and     WHEREAS, the Issuer is a municipality organized and existing under and pursuant to the laws of the State of Wisconsin, and is authorized to enter into revenue agreements with eligible participants to issue taxable industrial development revenue bonds with respect to the Project whereby eligible participants agree to cause said Project to be constructed and to pay the Issuer an amount of funds sufficient to provide for the prompt payment when due of the principal and interest on said taxable industrial development revenue bonds; and      WHEREAS, the Issuer is a municipality organized and existing under and pursuant to the laws of the State of Wisconsin, and is authorized to enter into revenue agreements with eligible participants to issue taxable industrial development revenue bonds with respect to the Project whereby eligible participants agree to cause said Project to be constructed and to pay the Issuer an amount of funds sufficient to provide for the prompt payment when due of the principal and interest on said taxable industrial development revenue bonds; and  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows:     1.    The form, terms and provisions of the Memorandum of Agreement attached hereto as Exhibit A are hereby approved.  The City Manager of the Issuer is hereby authorized to execute, and the City Clerk of the Issuer is hereby authorized to attest and to affix the official seal of the Issuer to, and to deliver a Memorandum of Agreement with the Borrower in substantially the same form as the attached Memorandum of Agreement, any changes in the execution copy being approved by their signatures, which Memorandum of Agreement is hereby made a part of this Initial Resolution.     2.    Based upon representations of the Borrower, it is the finding and determination of the City Council that the Project is a qualified “project” within the meaning of Section 66.1103(2)(k)(20) of the Act and that the Borrower is an “eligible participant” within the meaning of the Act.  The Issuer intends to issue taxable industrial development revenue bonds in one or more series (the “Bond(s)”), in an amount not to exceed $10,750,000 in order to finance costs of the Project, upon the terms and conditions set forth in the Memorandum of Agreement.     3.    The aforesaid plan of financing contemplates, and is conditioned upon, the following:         (a)    The Bonds shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation;         (b)    The Bonds shall not constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, including but not limited to: 1.   Liability for failure to investigate or negligence in the investigation of the financial position or prospects of the Borrower, a user of the Project or any other person or for failure to consider, or negligence concerning, the adequacy of terms of, or collateral security for, the Bonds or any related agreement to protect interests of holders of the Bonds; and 2.   Any liability in connection with the issuance or sale of the Bonds, for representations made, or for the performance of the obligation of any person who is a party to a related transaction or agreement except as specifically provided in the Act or by an express provision of the Bonds or a related written agreement to which the Issuer is a party;         (c)    The Project shall be subject to property taxation as contemplated by the Act in the same amount and to the same extent as though the Project were not financed with taxable industrial development revenue bonds;         (d)    The Project is an eligible project under Section 66.1103(2)(k)(20) of the Act and falls under the interstate commercial use category of the City’s 2040 Comprehensive Plan;         (e)    The Borrower shall find a purchaser for all of the Bonds; and         (f)    The City’s out-of-pocket costs, including but not limited to legal fees and Trustee’s fees, in connection with the issuance and sale of the Bonds shall be paid by the Borrower.     4.    The aforesaid plan of financing shall not be legally binding upon the Issuer nor be finally implemented unless and until:         (a)    The terms and provisions of the same are authorized and approved by a further resolution of the City Council which shall be solely within the discretion of the City Council;         (b)    The City Clerk shall cause notice of adoption of this Initial Resolution, in the form attached hereto as Exhibit B, to be published once in a newspaper of general circulation in the City of Oshkosh, and the electors of the City of Oshkosh shall have been given the opportunity to petition for a referendum on the matter of the aforesaid Bond issue, all as required by law;         (c)    Either no such petition shall be timely filed or such petition shall have been filed and said referendum shall have approved the Bond issue;          (d)    The City Clerk shall have received an employment impact estimate issued under Section 238.11 of the Wisconsin Statutes;          (e)    All documents required to consummate the financing have been duly authorized and delivered;          (f)    The Issuer and the Borrower have resolved all land use and special use issues with respect to the affected property and the Project; and         (g)    All provisions of the Act shall have been satisfied.     5.    Pursuant to the Act, all requirements that the Project be subject to the contracting requirements contained in Section 66.1103 are waived, the Borrower having represented that it is able to negotiate satisfactory arrangements for completing the Project and that the Issuer’s interests are not prejudiced thereby.     6.    The City Clerk is directed, following adoption of this Initial Resolution (i) to publish notice of such adoption not less than one time in the official newspaper of the City of Oshkosh, Wisconsin, such notice to be in substantially the form attached hereto as Exhibit B and (ii) to file a copy of this Initial Resolution, together with a statement indicating the date the Notice to Electors was published, with the Wisconsin Economic Development Corporation within twenty (20) days following the date of publication of such notice. Passed and adopted at a regular meeting of the City Council of the City of Oshkosh, Wisconsin this 23rd day of January, 2024.          HB: 4853-3614-6327.1 Summary Request for City of Oshkosh, Wisconsin to Serve as Conduit Issuer for Not to Exceed $10,750,000 Taxable Industrial Development Revenue Bonds to Benefit 1508 Koeller Oshkosh LLC Project This will summarize the request of 1508 Koeller Oshkosh LLC, a Wisconsin limited liability company, and/or a related entity, and/or a limited liability entity to be formed (collectively, the “Borrower”), asking that the City of Oshkosh, Wisconsin (the “City”) consider an Initial Resolution to benefit the Borrower through the conduit issuance of taxable industrial development revenue bonds (“IRBs”) pursuant to Section 66.1103 of the Wisconsin Statutes (the “Act”) to finance a project located in the City consisting of financing the (i) acquisition, remodeling, rehabilitation, and expansion of an existing shopping mall located at 1530 South Koeller Street, Oshkosh, Wisconsin and (ii) payment of professional fees (collectively, the “Project”). In an IRB transaction, a state or local governmental entity issues bonds and loans the proceeds from the sale of the bonds to a private entity for an authorized project. In Wisconsin, cities, villages and towns, as well as duly constituted redevelopment authorities and community development authorities may issue IRBs. These IRBs are municipal bonds; however, they are not general obligations of the City . If the City agrees to issue bonds to benefit the proposed Project: 1. The City will not be liable for payment of the principal and interest on the bonds; 2. The City will not have ongoing responsibilities of monitoring or reporting with regard to the bonds or the Project. 3. The bonds do not count against the City’s borrowing capacity. The City will not levy a tax for payment of the bonds. The City acts strictly as a conduit, which enables the Borrower to borrow at a lower rate of interest. Initial Resolution Companies considering IRB financing must obtain an Initial Resolution from the municipality in which the Project being financed is located in order to preserve the option to use IRBs. The Initial Resolution is preliminary approval only and is non-binding as to the City or the Borrower but is required by the Act. The Borrower will benefit from the bond financing by owning and/or using the bond financed-facilities and will enjoy a lower interest rate as a result of using a bond structure. A lending institution will directly purchase the bonds. The lender for the bonds will look solely to the Borrower for repayment. Bondholders will not look to the City for payment. The City will assign all of its rights, liability and responsibilities under the bonds to the lender as the bondholder. The Borrower will be fully responsible for repaying the loan and must make the arrangements with the lender for the payment on the bonds. If the Borrower is not able to meet its payment obligations, HB: 4853-3614-6327.1 the lender will realize on its collateral and enforce its rights against the Borrower. The City is not liable for payment. The foregoing is just a brief discussion of taxable industrial development revenue bond financing. By issuing the bonds, the City will give the Borrower an interest rate benefit. It must be emphasized that the City will not be liable in any way on the bonds; the bonds are special, limited obligations of the City. The Borrower respectfully asks that the City Council consider the Initial Resolution at its meeting on January 23, 2024. For agenda purposes, the City should please describe the Initial Resolution as follows: “Consideration of Initial Resolution Regarding Taxable Industrial Development Revenue Bond Financing for 1508 Koeller Oshkosh LLC Project Located at 1530 South Koeller Street. Information with respect to the job impact of the project will be available at the time of consideration of the Initial Resolution.” Someone from the Borrower will attend the City Council meeting on January 23, 2024 to answer any questions. HB: 4873-5485-1991.1 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (the “Agreement”) is between the CITY OF OSHKOSH, WISCONSIN (the “Issuer”) and 1508 KOELLER OSHKOSH LLC, a Wisconsin limited company, and/or a related entity, and/or a limited liability entity to be formed (collectively, the “Borrower”). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The Borrower wishes to finance all or a portion of the costs of the project more completely described in the Issuer’s Resolution No. 2024 - ___ (the “Resolution”), to be located in the City of Oshkosh, Wisconsin and to be owned and operated by the Borrower or its affiliate or its designee (the “Project”). The Borrower requests that the Issuer issue its taxable industrial development revenue bonds in an aggregate principal amount not to exceed $10,750,000 (the “Bonds”), to finance all or a portion of the costs of the Project pursuant to the provisions of the laws of the State of Wisconsin. (b) The Bonds shall be special, limited obligations of the Issuer payable solely and only out of the revenues and receipts and other amounts received by or on behalf of the Issuer, pursuant to a loan agreement, lease agreement or other financing agreement between the Issuer and the Borrower or its affiliate or designee. The Bonds and the interest thereon shall not constitute an indebtedness or a loan of credit of the Issuer, the State of Wisconsin or any political subdivision thereof, within the meaning of any constitutional or statutory provisions, and no owner or holder of any such revenue bonds shall have the right to compel any exercise of the taxing power of the Issuer, the State of Wisconsin or any political subdivision thereof to pay the principal of, premium, if any, or interest on the Bonds. (c) Subject to due compliance with all requirements of law and the provisions set forth in the Initial Resolution, the Issuer, by virtue of such authority as may now or hereafter be conferred, subject to receipt of adequate assurance from the Borrower or its affiliate or designee that there are one or more purchasers for the Bonds, will issue and sell the Bonds in an aggregate principal amount not to exceed a total of $10,750,000, to pay all or a portion of the costs of the Project. 2. Undertakings on the Part of the Issuer. Subject to the conditions above stated, the Issuer hereby agrees as follows: (a) Upon final determination of the details of the financing and provided that, on or before August 1, 2024, the Issuer and the Borrower shall have agreed to mutually acceptable terms for the Bonds and the contracts, agreement and proceedings related thereto, including but not limited to an agreement for the sale of the Bonds, the Issuer will use all reasonable efforts to take the further steps necessary to authorize the issuance and sale of the Bonds in an amount not to exceed an aggregate principal amount of $10,750,000, pursuant to the laws of the State of Wisconsin as then in effect. -2- HB: 4873-5485-1991.1 (b) It will enter into a loan agreement, lease agreement or other financing agreement with the Borrower or its affiliate or designee, whereby the Borrower or its affiliate or designee will pay to, or on behalf of, the Issuer such sums as shall be sufficient to pay when due the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) It will take such further action and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 3. Undertakings on the Part of the Borrower. Subject to the conditions above stated, the Borrower hereby agrees as follows: (a) It will use all reasonable efforts to find one or more purchasers for the total amount of Bonds prior to requesting any further approval by the Issuer for such issue. (b) Contemporaneously with the delivery of the Bonds it or its affiliate or designee will enter into a loan agreement, lease agreement or other financing agreement or such other instrument, with the Issuer, under the terms of which the Borrower or its affiliate or designee will obligate itself to pay to or on behalf of the Issuer sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) It, or its affiliate or designee, will pay all fees, costs and expenses related to the issuance of the Bonds and will pay directly to the Issuer the Issuer’s fees and expenses (including, without limitation the fees and expenses of its counsel) in connection with the issuance of the Bonds. (d) It will take such further action and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the Issuer under paragraph 2 hereof and of the Borrower under paragraph 3 hereof are subject to the conditions that on or before August 1, 2024 (or such other date as shall be mutually satisfactory to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to mutually acceptable terms and conditions of the loan agreement, lease agreement or other financing agreement or other instrument referred to in paragraphs 2 and 3 above and of the Bonds and other instruments or proceedings relating to the Bonds. (b) If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the Bonds in an amount of approximately the amount stated above are not sold within such time, the Borrower agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer and its special counsel may incur at the request of the Borrower arising from the execution of this Agreement and the -3- HB: 4873-5485-1991.1 performance by the Issuer of its obligations hereunder, and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the parties hereto have entered into this agreement by their officers thereunto duly authorized as of the 23rd day of January, 2024. CITY OF OSHKOSH, WISCONSIN By _______________________________ Mark A. Rohloff, City Manager [SEAL] ATTEST: ______________________________ Diane Bartlett, City Clerk ______________________________ Lynn A. Lorenson, City Attorney 1508 KOELLER OSHKOSH LLC By _______________________________ Its ____________________________ 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-20 Approve Budget Amendment to Use Financial Gifts Received by Oshkosh Public Museum B A C KGRO UN DBACKGROUND The Oshkosh Public Museum received two distinct unrestricted gifts in the amounts of $1,000 and $2,407.76 at year-end 2023. A N A L Y SI SANALYSIS The Museum Board gratefully received the gifts and voted that these two gifts be used to strengthen the Museum's Limited Term Employee (LTE) budget line for 2024. FI SC A L I M P A CTFISCAL I M P A C T The $3,407.76 will make additional room in the 2024 Museum Operating budget for needed staffing. No additional tax levy money is being requested. REC O M M E N D A TI ONRECOMMENDATION It is recommended that a Budget Amendment be approved, adding $3,407.76 to the Museum Operating Budget Expense line 0241-1070-6103-00000, Revenue line 0241-1070-5299-00227 from 0227-1070- 7470-00000. A t t a chment sAttachments Res 24-20 01/23/2024 24-20 RESOLUTION                  PURPOSE: APPROVE BUDGET AMENDMENT TO USE FINANCIAL GIFTS RECEIVED BY OPM  INITIATED BY : OSHKOSH PUBLIC MUSEUM         WHEREAS, the Common Council has adopted the 2024 Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and     WHEREAS, the Oshkosh Public Museum received two distinct unrestricted gifts of one thousand dollars ($1,000) and two thousand four hundred seven dollars seventy-six cents ($2,407.76) at year end 2023; and      WHEREAS, the Oshkosh Public Museum voted that these two gifts be used to strengthen the Limited Term Employee (LTE) budget line for 2024; and      WHEREAS, an amendment to the Museum Operating Budget within the 2024 Operating Budget is necessary. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Operating Budget, on file in the City Clerk's Office, is hereby amended to reflect the gift of three thousand four hundred seven dollars and seventy-six cents ($3,407.76) within the Museum Operating Budget Expense line 0241-1070-6103-00000, Revenue line 0241-1070-5299-00227 from 0227-1070-7470-00000.   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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-21 Approve CIP Amendment and Award Bid for Public Works Contract No. 24-06 to Jim Fischer, Inc. for Concrete Sidewalk (New and Rehabilitation) ($1,567,645.50) B A C KGRO UN DBACKGROUND The purpose of this Project is to repair existing sidewalks, driveway aprons, and handicap ramps; install new sidewalks; and complete street or sidewalk repairs at Water Utility excavations. The approximate boundary of the neighborhoods for sidewalk repair is Lake Butte des Morts/Fox River on the north/east, Highway 41 on the west, and Witzel Avenue on the south. The cost to remove and replace one (5' x 5') sidewalk square slightly decreased from 2023, but has more than doubled in the last seven (7) years with the largest single increase being 2022 to 2023 at over thirty- four percent (34%). The attached chart shows the increase over the last seven (7) years. A N A L Y SI SANALYSIS Engineering staff reviewed three (3) bids. The low bid was received from Jim Fischer, Inc. of Appleton, Wisconsin. The total bid is $1,567,645.50. FI SC A L I M P A CTFISCAL I M P A C T Funding for a portion of the sidewalk rehabilitation portion of the Project is in the Sidewalk Section of the 2024 Capital Improvement Program (CIP) (Account No. 03210410-6806-04006/Contract Control-Sidewalk- Annual -- Concrete Sidewalks). Funding for a portion of the Water Utility patches is included in the 2024 Water Utility Operating Budget (Account No. 05411867-6417-08673/Water Distribution Maintenance-3rd Party Contracted Service-Maint-Mains and 05411867-6417-08675/Water Distribution Maintenance-3rd Party Contracted Service-Maint-Services). Additional funding for the remaining sidewalk rehabilitation portion of this Project is available from CIP Projects which have come in under budget: $200,000 will be transferred from Account No. 03210410-6801-04205 (Contract Control-Paving-22-05 E Lincoln & Rosalia St Recons) to Account No. 03210410-6806-04006/Contract Control-Sidewalk-Annual - - Concrete Sidewalks. Following is a summary of the available funds (after the transfers) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. Property owners are invoiced for the cost of sidewalk and driveway apron repairs abutting their property. CIP Section CIP Funds Budgeted/Transferred Estimated Total Construction Cost CIP - Sidewalk $1,400,000 $1,364,846 Water Utility Operating (See Note 1) $364,102 $364,102 Totals $1,564,102 $1,728,948 Note 1: Water Utility Operating Budget includes $1,559,000 for maintenance of Mains and Services. That budget amount includes the cost for these concrete repairs among other maintenance costs. REC O M M E N D A TI ONRECOMMENDATION I recommend award to the low bidder, Jim Fischer, Inc, in the amount of $1,567,645.50 and the transfer of CIP funds. A t t a chment sAttachments Res 24-21 24-06 Cost Comparison 24-06 bid tab 01/23/2024 24-21 RESOLUTION                  PURPOSE: APPROVE CIP AMENDMENT AND AWARD BID FOR PUBLIC WORKS CONTRACT NO. 24-06 CONCRETE SIDEWALK (NEW AND REHABILITATION) TO JIM FISCHER, INC. ($1,567,645.50) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh has heretofore advertised for bids for Concrete Sidewalk (New and Rehabilitation); and     WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:     Jim Fischer, Inc.     2605 South Casloma Drive     Appleton, WI 54903                     Total Bid:    $1,567,645.50       WHEREAS, the Common Council has adopted the 2024 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 2024 Capital Improvement Program Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: Transfer $200,000 from Account No. 03210410-6801-04205 (Contract Control-Paving-22-05 E Lincoln & Rosalia St Recons) to Account No. 03210410-6806-04006 (Contract Control-Sidewalk-Annual – Concrete Sidewalks).   BE IT FURTHER RESOLVED that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Account Nos.     03210410-6806-04006    Contract Control-Sidewalk-Annual –  Concrete Sidewalks 05411867-6417-08673    Water Distribution Maintenance-3rd  Party Contracted Service-Maint-Mains 05411867-6417-08675    Water Distribution Maintenance-3rd  Party Contracted Service-Maint-Services     $136.00 $176.00 $215.00 $217.50 $208.75 $217.50 $291.90 $276.28 $0.00 $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 2017 2018 2019 2020 2021 2022 2023 2024 Cost per Sidewalk Square (5'x5') Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $1,567,645.50 $1,672,070.00 1011 Clearing; complete as specified Inch Diameter 8.00 $10.00 $80.00 $20.00 $160.00 1021 Grubbing; complete as specified Inch Diameter 8.00 $10.00 $80.00 $20.00 $160.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 87,750.00 $2.07 $181,642.50 $2.00 $175,500.00 1308 7" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 1,200.00 $100.00 $120,000.00 $95.00 $114,000.00 1309 7" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 750.00 $100.00 $75,000.00 $100.00 $75,000.00 1318 8" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 450.00 $105.00 $47,250.00 $97.00 $43,650.00 Jim Fischer, Inc.Al Dix Concrete Inc 2605 South Casloma Drive Appleton, WI 54903 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 1 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Jim Fischer, Inc.Al Dix Concrete Inc 2605 South Casloma Drive Appleton, WI 54903 1328 9" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 550.00 $110.00 $60,500.00 $105.00 $57,750.00 1329 9" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 300.00 $110.00 $33,000.00 $100.00 $30,000.00 1360 Adjust manholes and inlets; complete as specified Each 10.00 $400.00 $4,000.00 $400.00 $4,000.00 1370 Turf restoration; complete as specified Square Yards 300.00 $8.50 $2,550.00 $10.00 $3,000.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 150.00 $15.00 $2,250.00 $15.00 $2,250.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 100.00 $0.01 $1.00 $5.00 $500.00 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 100.00 $0.01 $1.00 $5.00 $500.00 1384 Cold weather covering (concrete pavement) - double visquine with 6" hay; complete as specified Square Yards 100.00 $0.01 $1.00 $10.00 $1,000.00 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 2 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Jim Fischer, Inc.Al Dix Concrete Inc 2605 South Casloma Drive Appleton, WI 54903 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 250.00 $10.00 $2,500.00 $15.00 $3,750.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 250.00 $25.00 $6,250.00 $20.00 $5,000.00 1428 18" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 250.00 $75.00 $18,750.00 $80.00 $20,000.00 1438 24" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 250.00 $75.00 $18,750.00 $80.00 $20,000.00 1448 30" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 500.00 $75.00 $37,500.00 $80.00 $40,000.00 1460 Sidewalk curb; complete as specified Linear Feet 50.00 $75.00 $3,750.00 $80.00 $4,000.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 70,000.00 $7.77 $543,900.00 $8.50 $595,000.00 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 3 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Jim Fischer, Inc.Al Dix Concrete Inc 2605 South Casloma Drive Appleton, WI 54903 1502 4" concrete sidewalk with 3" CABC and grading; water dept. locations; complete as specified Square Feet 4,850.00 $9.00 $43,650.00 $11.00 $53,350.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 20,000.00 $8.70 $174,000.00 $9.50 $190,000.00 1512 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; water dept. locations; complete as specified Square Feet 1,750.00 $9.70 $16,975.00 $12.00 $21,000.00 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 2,500.00 $10.77 $26,925.00 $11.00 $27,500.00 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 600.00 $35.00 $21,000.00 $40.00 $24,000.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 12,000.00 $7.57 $90,840.00 $10.00 $120,000.00 1700 Sawing existing pavement; complete as specified Linear Feet 250.00 $6.00 $1,500.00 $4.00 $1,000.00 1915 5" asphaltic surface MT with 6" CABC and grading; complete as specified Square Yards 250.00 $70.00 $17,500.00 $80.00 $20,000.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 250.00 $70.00 $17,500.00 $80.00 $20,000.00 Bid Total:$1,567,645.50 $1,672,070.00 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 4 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Section 1 1011 Clearing; complete as specified Inch Diameter 8.00 1021 Grubbing; complete as specified Inch Diameter 8.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 87,750.00 1308 7" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 1,200.00 1309 7" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 750.00 1318 8" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 450.00 Unit Price Extension $1,826,790.32 $23.02 $184.16 $23.02 $184.16 $2.36 $207,090.00 $100.00 $120,000.00 $103.00 $77,250.00 $105.00 $47,250.00 LaLonde Contractors, Inc. C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 5 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1328 9" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 550.00 1329 9" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 300.00 1360 Adjust manholes and inlets; complete as specified Each 10.00 1370 Turf restoration; complete as specified Square Yards 300.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 150.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 100.00 1382 Cold weather covering (concrete pavement) - double visquine; complete as specified Square Yards 100.00 1384 Cold weather covering (concrete pavement) - double visquine with 6" hay; complete as specified Square Yards 100.00 Unit Price Extension LaLonde Contractors, Inc. $112.00 $61,600.00 $115.00 $34,500.00 $450.00 $4,500.00 $8.00 $2,400.00 $9.45 $1,417.50 $2.00 $200.00 $0.01 $1.00 $0.01 $1.00 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 6 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 250.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 250.00 1428 18" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 250.00 1438 24" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 250.00 1448 30" concrete curb and gutter removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Linear Feet 500.00 1460 Sidewalk curb; complete as specified Linear Feet 50.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 70,000.00 Unit Price Extension LaLonde Contractors, Inc. $15.00 $3,750.00 $27.00 $6,750.00 $84.00 $21,000.00 $89.00 $22,250.00 $86.00 $43,000.00 $68.00 $3,400.00 $9.62 $673,400.00 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 7 of 8 1/15/2024 Contract 24-06 - Concrete Sidewalk (New and Rehabilitation) (#8897104) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 01/15/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1502 4" concrete sidewalk with 3" CABC and grading; water dept. locations; complete as specified Square Feet 4,850.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 20,000.00 1512 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; water dept. locations; complete as specified Square Feet 1,750.00 1520 8" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 2,500.00 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 600.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 12,000.00 1700 Sawing existing pavement; complete as specified Linear Feet 250.00 1915 5" asphaltic surface MT with 6" CABC and grading; complete as specified Square Yards 250.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 250.00 Bid Total: Unit Price Extension LaLonde Contractors, Inc. $10.50 $50,925.00 $11.00 $220,000.00 $14.00 $24,500.00 $14.50 $36,250.00 $36.00 $21,600.00 $8.40 $100,800.00 $5.35 $1,337.50 $85.00 $21,250.00 $80.00 $20,000.00 $1,826,790.32 C:\Users\tracyt\Downloads\BidWorksheet_8897104_Eval Page 8 of 8 1/15/2024 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-22 Approve Amendment No. 1 to Professional Services Agreement with Jacobs Engineering Group, Inc. (Jacobs) for 2023 Water Utility Technical Services (+$50,000) B A C KGRO UN DBACKGROUND The 2023 Water Utility Technical Services Project included Task 2 -- Raw Water Intakes Planning. Under this task, Jacobs was retained to assist the City of Oshkosh (City) with a variety of technical planning related to cleaning and inspecting the City's raw water intakes and transmission mains. Because the raw water intakes had not been fully inspected in several years, the City conducted a pre-cleaning inspection review to determine current conditions and to gather information needed to retain a specialty contractor. During this inspection, the 60" intake pipe at the inlet crib was found to be about 50% full of accumulated sediment. To mitigate the potential of a frazil ice blockage this winter, the City declared the intake cleaning an emergency project and accelerated cleaning preparations. While updating the Wisconsin Department of Natural Resources (WDNR) about the emergency situation, the WDNR Waterway Program staff identified new requirements for the City to fulfill to obtain a Chapter 30 permit for cleaning the raw water pipelines. These new requirements included investigating other methods, besides pipeline flushing, to clean the lines; preparing calculations to estimate the lakebed area and surface impacts of flushed pipeline sediments; and collecting and analyzing samples of Lake Winnebago sediment and lake sediment accumulated in the 60" intake. A N A L Y SI SANALYSIS Since late May, Jacobs has provided technical service differing from the original Task 2 scope to assist with preparation to address the emergency situation and to respond to the WDNR's requests for additional information. These services include: Preparing the Raw Water Diversion Vault Retrofit Engineering Report and construction drawing for review and approval by the WDNR Drinking Water Program; Assisting the City with procurement of Diversion Vault access hatches and retaining R Industries, LLC, to complete the vault modifications; Completing WDNR-requested hydraulic and sediment transport analyses associated with pipeline flushing water discharge; Reviewing 2002 Pretreatment Basin sediment data and assisting City and AECOM with current sediment sampling efforts; Identifying materials to repair chloramine solution lines and assisting the City with their procurement; Identifying and meeting with potential local dredging contractor to discuss intakes cleaning project and assisting them in development of rough order of magnitude estimates for pipeline dredging and sediment dewatering services required by the WDNR; Evaluating pipeline flushing quotes and dredging estimates to compare costs for cleaning 400 linear feet of the 60" intake and for cleaning 6,890 linear feet of intake and transmission main pipelines and, based on the quotes and estimates, preparing a comparison of potential risks to the City associated with each cleaning method; Using the City's sanitary sewer collection system model to determine if discharging Water Filtration Plant backwash recovery basin flows to the collection system would excessively surcharge sewers and lead to basement backup if raining; Assisting with retaining Northern Divers USA, LLC to provide diving services for lakebed and pipeline sediment sampling, confirming with WDNR sample analysis plan based on collected sample characteristics, peer reviewing sample analysis results from AECOM, and confirming previously- estimated sediment transport conditions during cleaning; Preparing the Chapter 30 Permit application and supporting documentation for cleaning the intakes; Preparing the Wisconsin Pollutant Discharge Elimination System permit application and supporting documentation for cleaning the intakes; and Facilitating the meetings and continuing communication with the City, the WDNR, and pipeline cleaning contractors to prepare for intakes cleaning and developing responses to questions from the WDNR Water Program. FI SC A L I M P A CTFISCAL I M P A C T This cost of this proposed contract amendment is for $50,000. This will raise the total agreement amount to $174,810. Funding is available for this contract amendment in CIP Account #03221810-7206- 64110/Water Capital Fund-Capital Construction-WFP -- Infrastrc Imprvmt. 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 the Common Council approve this amendment. A t t a chment sAttachments Res 24-22 Jacobs 2023 Wtr Util Tech Serv CA #1 01/23/2024 24-22 RESOLUTION                  PURPOSE: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. (JACOBS) FOR 2023 WATER UTILITY TECHNICAL SERVICES (+$50,000)             INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City and Jacobs Engineering Group, Inc. previously entered into an agreement for 2023 Water Utility Technical Services Project; 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 Jacobs Engineering Group, Inc. for additional services in the amount of fifty thousand dollars ($50,000).   Acct. No. 03221810-7206-64110    Water Capital Fund-Capital Construction-WFP – Infrastrc Imprvmt     TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :John Fitzpatrick, Asst. City Manager/Director Admin Services D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-23 Approve Labor Contract with Oshkosh Police Supervisors Association for Years 2024, 2025, and 2026 B A C KGRO UN DBACKGROUND The City has reached a tentative agreement with the Oshkosh Police Supervisors Association. This agreement has been approved by the membership of the group for the contract years of 2024, 2025, and 2026. A N A L Y SI SANALYSIS The major element of the agreement is a restructured pay schedule beginning in 2024, which increases this schedule by 3.34% in 2024; 4.25% in 2025; and 4.25% in 2026. Also included in this packet is the conceptual tentative agreement. FI SC A L I M P A CTFISCAL I M P A C T The estimated impact for the projected increases associated with this agreement is approximately $80,122 REC O M M E N D A TI ONRECOMMENDATION Based on the analysis conducted, the discussion and direction that occurred in the Council Workshops, as well as budget deliberations held this year, staff recommends approval of this labor agreement with the Oshkosh Police Supervisors Association for the years of 2024, 2025, and 2026. A t t a chment sAttachments Res 24-23 Oshkosh Police Supervisors Association Tentative Agreement 01/23/2024 24-23 RESOLUTION                  PURPOSE: APPROVE LABOR CONTRACT WITH OSHKOSH POLICE SUPERVISORS ASSOCIATION FOR YEARS 2024, 2025 & 2026 INITIATED BY : ADMINISTRATIVE SERVICES DEPARTMENT   the City of Oshkosh and the Oshkosh Police Supervisors Association previously negotiated a Working Conditions Agreement (labor contract) for calendar years 2021-2023; and         WHEREAS, the parties reached a tentative agreement for certain changes to the labor contract, for years 2024, 2025 & 2026; and     WHEREAS, the Oshkosh Police Supervisors Association has ratified these changes and it is appropriate for the Common Council to approve this agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached changes to the current labor contract of the Oshkosh Police Supervisor Association are approved and the proper City officials are authorized and directed to enter into an appropriate agreement for these purposes, the execution copy being deemed approved by their respective signatures, and said City officials are further authorized and directed to take those steps necessary to implement the terms and conditions of the labor contract.    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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-24 Approve Setting Public Hearing Date for Right-of-Way Vacation of Ivy Place and Public Alley Located between North Main Street and Division Street, South of Church Avenue (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The Department of Community Development is requesting the vacation of Ivy Place and an alley located south of Church Avenue, between North Main Street and Division Street, in the 400 Block West Parking Lot. Common Council must first approve setting a public hearing date for the right-of-way vacations before approval of the right-of-way vacations can take place. The public hearing will take place on March 12th, 2024 at the Common Council meeting. The area in this request involves Ivy Place, a 60-foot right-of-way starting perpendicular to Division Street heading to the southeast approximately 190 feet, then heading south into a 30-foot right-of-way approximately 150 feet, totaling 15,323 square feet (0.352 acres). This request also includes the vacation of an 11-foot wide, 130-foot long, 1,440 square foot (0.033 acres) public alley located west of properties along North Main Street, south of Church Avenue. The rights-of-way are located within the 400 Block West Parking Lot, which was reconstructed in the fall of 2023. The previous parking lot was constructed within the right-of-way of Ivy Place as if it were private property. During the planning and design for the parking lot's reconstruction, staff determined Ivy Place should be vacated to "clean up" the area, as it essentially did not function as a right-of-way. Staff also determined appropriate to vacate the public alley as it no longer serves any purpose as right-of-way. A N A L Y SI SANALYSIS The vacation of Ivy Place will transfer the underlying land to the adjacent properties. The City will receive the majority of Ivy Place except for a 30-foot by 120-foot section that will be attached to 420 Division Street. Staff has been in contact with the owner of 420 Division Street (James Stapel) and he is in support of receiving the vacated right-of-way. The vacation of the public alley will also transfer the underlying land to the adjacent properties. The City will receive the western half while three properties along North Main Street (459, 463 & 465 North Main Street) will each receive the eastern half adjacent to their property. The owner of these properties (James Stapel) is aware of the proposed vacation and is not opposed to it. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the right-of-way vacations on January 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-24 ST VACA - Ivy Pl & Alley 1/23/2024 24-24 RESOLUTION                  PURPOSE: APPROVE SETTING PUBLIC HEARING DATE FOR RIGHT-OF-WAY VACATION OF IVY PLACE AND PUBLIC ALLEY LOCATED BETWEEN NORTH MAIN STREET AND DIVISION STREET, SOUTH OF CHURCH AVENUE INITIATED BY : CITY OF OSHKOSH   PLAN COMMISSION RECOMMENDATION:  Approved          WHEREAS, it appears that the public interest requires that part of the public road, platted as Wood Street, now known as Ivy Place, lying adjacent to lots 1 and 2 of Block “D” and lots 8, 9 and 10, Block “A”, All in W.W. Wright’s 2nd Addition, lots 2, 3, 4, 5 and 6 of Eighme, Read & Kennedy’s Subdivision of lots 4 and 6 and lot 7, block 44 of Leach’s map of 1894, Located In Government Lot 1, Section 24, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin and part of the "Alley", George H. Read's Subdivision of Lot No. 1 Of Eighme, Read & Kennedy's Subdivision Of Lots 4 & 6, Block 44, First Ward, City Of Oshkosh, Located In Government Lot 1, Section 24, Township 18 North, Range 16 East,  City Of Oshkosh, Winnebago County, Wisconsin.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a hearing on the passage of the following resolution shall be held before the Common Council in the Council Chambers in City Hall, City of Oshkosh, Winnebago County, Wisconsin, on Tuesday, March 12, 2024 at 6:00 PM of said day and the proper City officials are hereby authorized and directed to give notice of said hearing by personal service and publication of said hearing as provided by law.  BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh pursuant to Section 66.1003(4) of the Wisconsin Statutes, that it is hereby declared that part of the public road, platted as Wood Street, now known as Ivy Place, lying adjacent to lots 1 and 2 of Block “D” and lots 8, 9 and 10, Block “A”, All in W.W. Wright’s 2nd Addition, lots 2, 3, 4, 5 and 6 of Eighme, Read & Kennedy’s Subdivision of lots 4 and 6 and lot 7, block 44 of Leach’s map of 1894, Located In Government Lot 1, Section 24, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin and part of the "Alley", George H. Read's Subdivision of Lot No. 1 Of Eighme, Read & Kennedy's Subdivision Of Lots 4 & 6, Block 44, First Ward, City Of Oshkosh, Located In Government Lot 1, Section 24, Township 18 North, Range 16 East,  City Of Oshkosh, Winnebago County, Wisconsin, be vacated and discontinued.   ITEM: RIGHT-OF-WAY VACATION OF IVY PLACE AND PUBLIC ALLEY LOCATED BETWEEN NORTH MAIN STREET AND DIVISION STREET, SOUTH OF CHURCH AVENUE Plan Commission meeting of January 16, 2024. GENERAL INFORMATION Petitioner/Owner: City of Oshkosh Actions Requested: The Department of Community Development is requesting the vacation of Ivy Place and an alley located south of Church Avenue, between North Main Street and Division Street, at the 400 Block West Parking Lot. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right-of-way. Property Location and Background Information: The area in this request involves Ivy Place, a 60-foot right-of-way starting perpendicular to Division Street heading to the southeast approximately 190 feet, then dog-legging south into a 30-foot right-a-way approximately 150 feet totaling 15,323 square feet (0.352 acres). This request also includes the vacation of a 11-foot wide. 130-foot long, 1,440 square foot (0.033 acres) public alley located west of properties along North Main Street, south of Church Avenue. The rights-of-way are located within the 400 Block West Parking Lot which was reconstructed in the fall of 2023. The previous parking lot was constructed within the right-of way of Ivy Place as if it were private property. During the planning and design for the parking lot’s reconstruction, staff determined Ivy Place should be vacated to “clean up” the area as it Proposed Ivy Pl. & Alley Vacations essentially did not function as a right-of-way. Staff also determined this was a good time to vacate the public alley as it no longer serves any purpose as right-of-way. Subject Site Existing Land Use Zoning Public Right-of-Way/Public Parking Lot Institutional (I) Adjacent Land Use and Zoning Existing Uses Zoning North Parking Lot/Commercial Institutional (I) & Central Mixed Use (CMU) South Parking Lot/Commercial Institutional (I) & Central Mixed Use (CMU) East Commercial & Mixed Use Central Mixed Use (CMU) West Parking Lot/Commercial Institutional (I) & Central Mixed Use (CMU) ANALYSIS The vacation of Ivy Place will transfer the underlying land to the adjacent properties. The City will receive the majority of Ivy Place except for a 30-foot by 120-foot section that will be attached to 420 Division Street. Staff has been in contact with the owner of 420 Division Street (James Stapel) and he in support to receive the vacated right-of-way. The vacation of the public alley will also transfer the underlying land to the adjacent properties. The City will receive the western ½ while three properties along North Main Street (459, 463 & 465 North Main Street) will each receive the eastern ½ adjacent to their property. The owner of these properties (James Stapel) is aware of the proposed vacation and is not opposed to it. Staff supports the right-of-way vacation request as proposed. This is essentially a clean-up request to transfer publicly-owned land to private ownership to accommodate the underlying use as a parking lot. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval the vacation of Ivy Place and an alley located south of Church Avenue, Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City between North Main Street and Division Street, at the 400 Block West Parking Lot with findings on January 16, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Ms. Scheuermann, Ms. Davey, and Mr. Esslinger, reported visiting the site. Staff report accepted as part of the record. The Department of Community Development is requesting the vacation of Ivy Place and an alley located south of Church Avenue, between North Main Street and Division Street, at the 400 Block West Parking Lot. 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 area in this request involves Ivy Place, a 60-foot right- of-way starting perpendicular to Division Street heading to the southeast approximately 190 feet, then dog-legging south into a 30-foot right-a-way approximately 150 feet totaling 15,323 square feet (0.352 acres). This request also includes the vacation of a 11-foot wide. 130-foot long, 1,440 square foot (0.033 acres) public alley located west of properties along North Main Street, south of Church Avenue. These right-of-ways were dedicated sometime in the mid-1800s. The railroad line used to run through this property. After the railroad was vacated in 1995 or 1996 the City upgraded and improved the parking lot. This past fall the parking lot was resurfaced, and City staff thought it would be prudent to vacate these right-of-ways. They are not serving as a public street but more as a parking lot, which is typically found on private property The vacation of Ivy Place, per statute, will transfer the underlying land to the adjacent properties. The City will receive the majority of Ivy Place except for a 30-foot by 120-foot section that will be attached to 420 Division Street. Staff has been in contact with the owner of 420 Division Street (James Stapel) and he in support to receive the vacated right-of-way. The vacation of the public alley will also transfer the underlying land to the adjacent properties. The City will receive the western ½ while three properties along North Main Street (459, 463 & 465 North Main Street) will each receive the eastern ½ adjacent to their property. The owner of these properties (James Stapel) is aware of the proposed vacation and is not opposed to it. Staff supports the right-of-way vacation request as proposed. This is essentially a clean-up request to transfer publicly-owned land to private ownership to accommodate the underlying use as a parking lot. Staff recommends approval of the vacation of Ivy Place and Public Alley as requested. Mr. Perry opened up technical questions to staff. Ms. Scheuermann wondered how the process usually works with these types of situations. Mr. Lyons stated anytime we work with Public Works on City owned lots, it is on a site-by-site basis. Mr. Nau stated there was very extensive survey work done. Mr. Perry opened the public hearing. No statement from the City. Mr. Perry asked if other members of the public wished to speak. There were none, so Mr. Perry closed public comments. Motion by Kiefer 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 9-0 V A C A T I O N E X H I B I T " I V Y P L A C E " D IVISI O N S T R E E T (6 0') L O T 8 B L O C K "A" W .W . W RI G H T'S 2 N D A D DITI O N L O T 9 B L O C K "A" W .W . W RI G H T'S 2 N D A D DITI O N L O T 1 B L O C K "D " W .W . W RI G H T'S 2 N D A D DITI O N L O T 2 B L O C K " D " W . W . W RI G H T'S 2 N D A D DITI O N IV Y P L A C E (T O B E V A C A T E D) W E S T 1 / 4 O F SE C T I O N 24 - 1 8 - 1 6 EIGHME, READ & KENNEDY'S SUBDIVISION 2 6 5 4 3 L O T 7 , B L O C K 44 L E A C H ' S M A P O F 1 8 9 4 3 0' 3 0' 3 0' 3 0' TH A T P A R T O F T H E P U B L I C R O A D , P L A T T E D A S W O O D S T R E E T, N O W K N O W N AS I V Y P L A C E , L Y I N G A D J A C E N T T O L O T S 1 A N D 2 O F B L O CK " D " A N D LO T S 8 , 9 A N D 1 0 , B L O C K " A " , A L L I N W . W . W R I G H T ' S 2 ND A D D I T I O N , LO T S 2 , 3 , 4 , 5 A N D 6 O F E I G H M E , R E A D & K E N N E D Y ' S S UB D I V I S I O N O F LO T S 4 A N D 6 A N D L O T 7 , B L O C K 4 4 O F L E A C H ' S M A P O F 18 9 4 , L O C A T E D IN G O V E R N M E N T L O T 1 , S E C T I O N 2 4 , T O W N S H I P 1 8 N O R T H , R A N G E 1 6 EA S T , C I T Y O F O S H K O S H , W I N N E B A G O C O U N T Y , W I S C O N S I N . 0 6 0 1 2 0 SC A L E : 1 " = 6 0 ' = B E G I N N I N G , E N D O R C H A N G E I N D I R E C T I O N O F A N A R C O R L I N E LE G E N D NO T E S : - E N T I R E P R O P E R T Y H A S N O T B E E N F I E L D S U R V E Y E D A T T H I S T I M E . T H E S O U T H L I N E O F T H E N O R T H W E S T 1 / 4 O F S E C T I O N 2 4 - 1 8 - 1 6 N89°47'00"E 2645.62' 445.61' 2200.01' N 3 7°2 8'0 7"E 8 6 0.8 3' 8 0 0.8 3' 6 0.0 0' S 5 3°1 6'4 8"E 1 8 8.9 4' S00°23'29"E150.59' S8 9 ° 3 0 ' 2 0 " W 3 0 . 0 0 ' L O T 1 0 B L O C K " A" W . W . W RI G H T'S 2 N D A D DITI O N N00°23'29"W98.11' N 5 3°1 6'4 8"W 1 9 7.5 0' TH A T P A R T O F T H E P U B L I C R O A D , P L A T T E D A S W O O D S T R E E T, N O W K N O W N A S I V Y P L A C E , LY I N G A D J A C E N T T O L O T S 1 A N D 2 O F B L O C K " D " A N D L O T S 8 , 9 A N D 1 0 , B L O C K " A " , AL L I N W . W . W R I G H T ' S 2 N D A D D I T I O N , L O T S 2 , 3 , 4 , 5 AN D 6 O F E I G H M E , R E A D & KE N N E D Y ' S S U B D I V I S I O N O F L O T S 4 A N D 6 A N D L O T 7 , B L OC K 4 4 O F L E A C H ' S M A P O F 18 9 4 , L O C A T E D I N G O V E R N M E N T L O T 1 , S E C T I O N 2 4 , T O W N SH I P 1 8 N O R T H , R A N G E 1 6 EA S T , C I T Y O F O S H K O S H , W I N N E B A G O C O U N T Y , W I S C O N S I N , B O U N D E D A N D D E S C R I B E D A S FO L L O W S : C O M M E N C I N G A T T H E W E S T ¼ C O R N E R O F S E C T I O N 2 4 ; T H E N C E N 8 9 ° 4 7 ' 0 0 " E , 44 5 . 6 1 F E E T A L O N G T H E S O U T H L I N E O F T H E N O R T H W E S T ¼ O F S A I D S E C T I O N 2 4 T O T H E SO U T H W E S T E R L Y E X T E N S I O N O F T H E N O R T H W E S T E R L Y L I N E O F B L O C K " A " O F W . W . W R I G H T ' S 2N D A D D I T I O N ; T H E N C E N 3 7 ° 2 8 ' 0 7 " E , 8 0 0 . 8 3 F E E T A L O N G S A I D E X T E N S I O N A N D T H E NO R T H W E S T E R L Y L I N E O F S A I D B L O C K " A " T O T H E S O U T H W E ST E R L Y L I N E O F I V Y P L A C E A N D TH E P O I N T O F B E G I N N I N G ; T H E N C E C O N T I N U I N G N 3 7 ° 2 8 ' 0 7 "E A L O N G T H E N O R T H E A S T E R L Y EX T E N S I O N O F S A I D N O R T H W E S T E R L Y L I N E O F B L O C K " A " T O T H E N O R T H E A S T E R L Y L I N E O F IV Y P L A C E ; T H E N C E S 5 3 ° 1 6 ' 4 8 " E , 1 8 8 . 9 4 F E E T A L O N G S A ID N O R T H E A S T E R L Y L I N E T O T H E EA S T L I N E O F S A I D I V Y P L A C E ; T H E N C E S 0 0 ° 2 3 ' 2 9 " E , 1 5 0. 5 9 F E E T A L O N G S A I D E A S T LI N E T O T H E S O U T H L I N E O F S A I D I V Y P L A C E ; T H E N C E S 8 9° 3 0 ' 2 0 " W , 3 0 . 0 0 F E E T A L O N G SA I D S O U T H L I N E T O T H E W E S T L I N E O F S A I D I V Y P L A C E ; T H E N C E N 0 0 ° 2 3 ' 2 9 " W , 9 8 . 1 1 FE E T A L O N G S A I D W E S T L I N E T O T H E S O U T H W E S T E R L Y L I N E O F S A I D I V Y P L A C E ; T H E N C E N5 3 ° 1 6 ' 4 8 " W , 1 9 7 . 5 0 F E E T A L O N G S A I D S O U T H W E S T E R L Y L IN E T O T H E P O I N T O F BE G I N N I N G . S U B J E C T T O A L L E A S E M E N T S A N D R E S T R I C T I O NS O F R E C O R D . CE N T E R O F SE C T I O N 24 - 1 8 - 1 6 A2 3 0 4 . 1 7 DE S C R I P T I O N : CH R I S T O P H E R E P E R R E A U L T , P L S - 2 2 4 9 D A T E D 5/ 2 5 / 2 0 2 3 1 5,3 2 3 S Q .F T.± [0.3 5 1 8 A C R E S ±] OF LOTS 4 AND 6 CA R O W L A N D S U R V E Y I N G C O . , I N C . 61 5 N L Y N N D A L E D R I V E AP P L E T O N , W I 5 4 9 1 4 DA T E : 5 / 2 5 / 2 0 2 3 SC A L E : 1 " = 6 0 ' DR A W N B Y : C P VACATION EXHIBIT PART OF THE "ALLEY", GEORGE H. READ'S SUBDIVISION OF LOT NO. 1 OF EIGHME, READ & KENNEDY'S SUBDIVISION OF LOTS 4 & 6, BLOCK 44, FIRST WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. = BEGINNING, END OR CHANGE DIRECTION OF AN ARC OR LINE LEGEND N NOTE: ENTIRE PROPERTY HAS NOT BEEN FIELD SURVEYED AT THIS TIME 30' 3 0 ' C H U R C H A V E. (60') CHRISTOPHER E. PERREAULT, PLS-2249 DATE A2304.17 - NORTH ALLEY LOT 1 GEORGE H. READ'S SUBDIVISION LOT 2 GEORGE H. READ'S SUBDIVISION LOT 3 GEORGE H. READ'S SUBDIVISION LOT 4 GEORGE H. READ'S SUBDIVISION LOT 5 GEORGE H. READ'S SUBDIVISION "ALLEY" S O UT H LI NE O F T HE NO RTHWEST 1/4 O F S E CTION 24-18-16 CENTER OF SECTION 24-18-16 WEST 1/4 CORNER OF SECTION 24-18-16 VACATION DESCRIPTION: 0 30 60 7/18/2023 DOC NO. 191648 (V.686 P.547) N89°47'00"E 2645.62' 1194.61'1451.01' N00°23'29"W 639.27' N89°54'24"W 5.85' N00°23'29"W 10.00' N39°11'58"W 9.33' N00°23'29"W 44.80' N22°13'22"E 72.04' S22°13'22"W 67.43' S 58°25'02"E 11.70' S00°23'29"E 60.19' VACATION 1,440 SQ.FT. [0.0331 ACRES] PART OF THE "ALLEY", GEORGE H. READ'S SUBDIVISION OF LOT NO. 1 OF EIGHME, READ & KENNEDY'S SUBDIVISION OF LOTS 4 & 6, BLOCK 44, FIRST WARD, CITY OF OSHKOSH, LOCATED IN GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ¼ CORNER OF SAID SECTION 24; THENCE N89°47'00"E, 1194.61 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SECTION 24; THENCE N00°23'29"W, 639.27 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF GEORGE H. READ'S SUBDIVISION OF LOT NO. 1 OF EIGHME, READ & KENNEDY'S SUBDIVISION OF LOTS 4 & 6, BLOCK 44, FIRST WARD, CITY OF OSHKOSH AND THE POINT OF BEGINNING; THENCE N89°54'24"W, 5.85 FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO AN EAST LINE OF LANDS DESCRIBED IN DOCUMENT NO. 191648; THENCE N00°23'29"W, 10.00 FEET ALONG SAID EAST LINE; THENCE N39°11'58"W, 9.33 FEET ALONG SAID EAST LINE TO THE EAST LINE OF LOT 5 OF SAID SUBDIVISION; THENCE N00°23'29"W, 44.80 FEET ALONG SAID EAST LINE; THENCE N22°13'22"E, 72.04 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF CHURCH AVENUE; THENCE S58°25'02"E, 11.70 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF LOT 1 OF SAID SUBDIVISION; THENCE S22°13'22"W, 67.43 FEET ALONG SAID WEST LINE TO THE WEST LINE OF LOT 2 OF SAID SUBDIVISION; THENCE S00°23'29"E, 60.19 FEET ALONG SAID WEST LINE AND THE WEST LINE OF LOTS 3 AND 4 OF SAID SUBDIVISION TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. CLIENT: CITY OF OSHKOSH CAROW LAND SURVEYING CO., INC. 615 N LYNNDALE DRIVE APPLETON, WI 54914 DATE: 7/18/2023 SCALE: 1" = 30'DRAWN BY: CP STREET VACATIONS IVY PLACE & ALLEY PC: 1-16-2024 146 ALGOMA BLVD LLC PO BOX 1099 OSHKOSH WI 54903 BAERBROTHER LLC 401 N MAIN ST OSHKOSH WI 54901 JOEL COUILLARD & BARBARA 441 N MAIN ST OSHKOSH WI 54901 BENT BLOCK OSHKOSH LLC C/O ALEXANDER & BISHOP LT 300 N MAIN ST STE 300 OSHKOSH WI 54901 BRADFORD C BRITTON 1121 HAZEL ST OSHKOSH WI 54901 CHRISTINE ANN DOMESTIC ABU 206 ALGOMA BLVD OSHKOSH WI 54901 CHURCH AND DIVISION LLC 107 CHURCH AVE OSHKOSH WI 54901 CODY PYFER/ERICA MULLOY 411 N MAIN ST OSHKOSH WI 54901 ESCAPE RENTALS LLC 423 N MAIN ST OSHKOSH WI 54901 HOOPMAN & CO DOWNTOWN L PO BOX 1099 OSHKOSH WI 54903 JAHNKE 448 MAIN LLC 1107 TWIN HARBOR DR WINNECONNE WI 54986 JOHN J/KATHLEEN A SAKSCHEK 4422 SAND PIT RD OSHKOSH WI 54904 JOSEPH F KRUMRICH ETAL 403 ANGLESEY RD WALES WI 53183 LOTUS PROPERTIES LLC W5031 CHERRYWOOD DR SHERWOOD WI 54169 OSH AREA SCHL DIST REC GYM BOARD OF EDUCATION PO BOX 3048 OSHKOSH WI 54903 RATCHMAN INVESTMENTS LLC 439 N MAIN ST OSHKOSH WI 54901 STAPEL PROPERTIES LLC 427 N MAIN ST OSHKOSH WI 54901 TENLILO LLC 456 N MAIN ST OSHKOSH WI 54901 TY VERY MUCH FOR THE MONE C/O SCOTT DERCKS 407 N MAIN ST OSHKOSH WI 54901 WAGNER OPERA HOUSE LLC 1 CITY CENTER OSHKOSH WI 54901 MARKET ST DIVISION ST MER RITT AV BROWN ST CHURCH AV N M AIN ST HIGH AV ALGOMA BLVD WASHINGTON 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: 12/14/2023 1 in = 120 ft 1 in = 0.02 mi¯IVY PLACE & ALLEY 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 WAUGOO AV OTTER AV DAWES ST E PAR KWAY AV C OMMERC E ST PEARL AV MERRITT AV BROAD ST W PAR KWAY AV DIVISION ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER BROADST CHURCHAV DAWES ST MARSTON PL BROAD ST IDA AV MT VERNON ST GRAND ST CHURCH AV MARKETST RIVERWAY DR DIVISION ST BROWN ST MARKETST DIVISION ST CENTRAL ST FREDERICK ST UNION AV PL EA SA N T S T MA DIS ON S T AMHERST AV JEFFERSON ST OXFORD AV DALE AV MARIONRD FRANKL IN ST STATE ST BROAD ST CENTRAL ST BROAD ST BR OA D S T N MAIN ST CEAPE AV E IRVING AVW IRVING AV WASHINGTON AV HIGH AV ALGOMA BLVD WISCON S IN S T JACKSON ST OREGON ST C M U C M U C M U C M U C M U C M U -P D C M U -P D C M U -P D -R FO CM U -RF O C M U -R F O I I I I I I I -P D I -P D I -P D I-PD I -P D I -P D I-PD I-P D I-P D I-P D I -P D -R F O I-P D -U T O I-U T O M R -3 6 M R -3 6 -U TO MULTIPLE R M U -P D -R F O R M U -P D -R F O T R -1 0 TR-10 T R -1 0 T R -1 0 T R -1 0 -P D T R -1 0 -P D TR-10-UTOTR -1 0 P D U T O UMU U M U U M U U M U U M U U M U U M U U M U -P D U M U -P D U M U -P D UMU-PD UM U-P D-UTO U M U -U T O U M U -U TO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/14/2023 1 in = 500 ft 1 in = 0.09 mi¯IVY PLACE & ALLEY 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 DIVISION ST MER RITT AV BROWN ST CHURCH AV N M AIN ST ALGOMA BLVD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/14/2023 1 in = 100 ft 1 in = 0.02 mi¯IVY PLACE & ALLEY 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 :Mark Lyons, Planning Services Manager D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-25 Approve Conditional Use Permit for a Personal Storage Facility Located at 255 East Snell Road (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting a Conditional Use Permit for a personal storage facility at 255 East Snell Road. The subject site consists of a single lot that is 1.2 acres and is located east of North Main Street on the south side of East Snell Road. The site includes three personal storage buildings that were constructed in 2006. The property is located within a Heavy Industrial Zoning District (HI) and the 2040 Comprehensive Land Use Plan recommends industrial development for the site. A N A L Y SI SANALYSIS The applicant is requesting approval of a Conditional Use Permit (CUP) to construct a fourth personal storage building on the east side of the subject property. This area of the property is currently green space/grass. The proposed building is 30' x 101' in size and is planned to be sectioned into three equal units. The subject site has been utilized as personal storage facility since 2006. According to the applicant, the site contains sixty-six (66) self-storage units and this project would add three to that for a total of sixty-nine (69) units. The applicant is proposing to use exterior materials that match the three existing buildings on the property. Those materials are considered a Class IV material and are prohibited; therefore, the applicant has also submitted a Design Standards Variance (DSV) Application to allow for a Class IV material to be used on the exterior of the new building, so all of the buildings on the property match each other. When the first three buildings were constructed, this type of material was allowed. Plan Commission approved the DSV on January 16, 2024. FI SC A L I M P A CTFISCAL I M P A C T Approval of this may result in a minor increase in the assessed property value for the site. The applicant is anticipating spending approximately $200,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit for a Personal Storage Facility Located at 255 East Snell Road with findings on January 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-25 CUP - 255 E Snell Rd 1/23/2024 24-25 RESOLUTION                  PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A PERSONAL STORAGE FACILITY LOCATED AT 255 EAST SNELL ROAD INITIATED BY : CHET WESENBERG ARCHITECT   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings         WHEREAS, the Plan Commission finds that the Conditional Use Permit for a personal storage use at 255 East Snell Road, is consistent with the criteria established in Sections 30-62(C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for a personal storage use at 255 East Snell Road, per the attached, is hereby approved, with the following findings:  Is in harmony with the Comprehensive Plan. 1. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting public health, safety, or general welfare.  2. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.  3. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property.  4. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts.  5.   ITEM II B: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A PERSONAL STORAGE FACILITY AT 255 EAST SNELL ROAD Plan Commission meeting of January 16, 2024. GENERAL INFORMATION Applicant: Chet Wesenberg Architect Owner: Sun Star Holdings of Dakota LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit for a personal storage facility at the subject site. Applicable Ordinance Provisions: Personal Storage Facilities are permitted only through a Conditional Use Permit (CUP) in the Heavy Industrial District (HI) as regulated in Section 30-62(C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a single lot that is 1.2 acres and is located east of North Main Street on the south side of East Snell Road. The site includes three personal storage buildings that were constructed in 2006. The property is located within a Heavy Industrial Zoning District (HI) and the 2040 Comprehensive Land Use Plan recommends industrial development for the site. The surrounding area consists of industrial uses to the west and southwest and residential uses to the east and north, while the property located directly to the south is currently used for agriculture. Subject Site: Existing Land Use Zoning Personal Storage Facility HI Recognized Neighborhood Organizations None Adjacent Land Use and Zoning: Existing Uses Zoning North Residential DR-6 South Agriculture HI East Residential HI West Industrial HI Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Industrial 2 ANALYSIS Use The applicant is requesting approval of a Conditional Use Permit (CUP) to construct a fourth personal storage building on the east side of the subject property. This area of the property is currently green space/grass. The proposed building is 30’ x 101’ in size and is planned to be sectioned into three equal units. The subject site has been utilized as personal storage facility since 2006. According to the applicant, the site contains sixty-six (66) self-storage units and this project would add three to that for a total of sixty-nine (69) units. Site Design Existing Site Layout 3 Proposed Site Plan The proposed site plan meets the setbacks and impervious surface requirements for the Heavy Industrial Zoning District. The applicant stated that the proposed use should not disturb neighboring properties as it does not have any associated noise, fumes, odors, or glare associated with the land use. Parking The proposed land use requires 1 parking space per employee on the largest work shift. There are no employees at this site so no parking spaces area required. Parking, that is needed while loading and unloading storage items, is permitted in drive aisles. Signage and Lighting The applicant’s submittal does not include a sign package. Any signage will need to meet the signage requirements for the HI District. 4 A lighting plan has not been submitted. If additional lighting is needed on the new building a photometric plan will need to be provided to verify compliance with City lighting standards. Building Façade The applicant is proposing to use exterior materials that match the existing three buildings on the property. Those materials are considered a Class IV material and are prohibited; therefore, the applicant has also submitted a Design Standards Variance Application to allow for a Class IV material be used on the exterior of the new building so all of the buildings on the property match each other. When the first three buildings were constructed this type of material was allowed. 5 Landscaping The proposed new storage building will require that 30 yard landscaping points and 52 building foundation landscaping points be installed. The proposed landscaping plan meets both of these requirements with 30 yard landscaping points and 70 building foundation landscaping points. Storm Water Management The applicant shows an existing storm water detention area on the south side of the site however a storm water management plan has not been submitted. The Department of Public Works noted that full site plan review will be required. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for a personal storage facility at 255 East Snell Road as proposed with the findings listed above. Image of Existing Building at 255 E Snell Rd 6 RECOMMENDATION/CONDITIONS The Plan Commission recommended approval for a Conditional Use Permit for a personal storage facility at the subject site with findings on January 16, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Ms. Scheuermann, Mr. Bowen, Ms. Davey, and Mr. Ulrich reported visiting the site. Staff reports accepted as part of the record. Mr. Perry opened up technical questions to staff. Mr. Coulibaly was wondering how often there are cases where we have to make exceptions, when codes change over time. Concerned with setting a precedent. Mr. Lyons stated this is a rare case. Staff is not worried about setting a precedent. In this case, having a new building that matches the exterior of what is already there, will avoid making it look out of place. Mr. Kiefer was wondering why lighting and storm water plans are not required prior to Plan Commission taking action. Mr. Lyons stated they are requirements that need to be met prior to building, so do not need to be part of the CUP. Plan Commission deals with the proposed land use, and whether or not it makes sense. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Chet Wesenberg, 531 North Main Street in Oshkosh, made himself available for questions. Mr. Perry asked if other members of the public wished to speak. There were none, so Mr. Perry closed public comments. There was no closing statement from the applicant. Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 Project Name: Snell Road Storage Nov. 21, 2023 CUP Application - narrative Proposed Use of Property : The property is proposed to have a self-storage unit erected. The proposed building is 30’ x 101’ and is proposed to be divided into three equal self- storage units. Existing Use of Property: The parcel is currently used to support self-storage buildings. Identification of structures on the property and discussion of their relation to the project: There are three existing self-storage buildings on the property. The proposed fourth self-storage building would have the same function. Projected number of residents, employees, and/or daily customers : There are no associated residents of employees. The three existing buildings on the site consist of a total of sixty-six (66) self-storage units. The proposed fourth building would add three (3) more units to the site total. Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the n earest one- hundredth of an acre : • Dwelling Units: N/A; with the proposed building there will be sixty-nine (69) self-storage units on the property. The property size is approximately 53,965 square feet (1.24 acres). The resulting proposed density is one self -storage unit per 782 sf. • Landscape Plan: Of the approximate 53,965 sf site area, 22,647 sf is anticipated to remain pervious and available for landscape planting design to meet city zoning ordinance requirements. • Parking Area: N/A Effects of existing properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.: The parcel has three (3) existing self-storage buildings. The proposed self-storage building would be the fourth on the site. The noise, hours of operation, glare, odor, fumes and vibration is not expected to be affected by the proposed fourth building. Surrounding land uses : Property immediately: • North (of Snell Road): is zoned DR-6 (duplex residential). It currently supports a duplex residential unit. • East: is zoned HI (Heavy Industrial). It currently has two condominium residential buildings and a pre-engineered storage building. • South: is zoned HI (Heavy Industrial). It is not developed. • West: is zoned HI (Heavy Industrial). The buildings on the property serve as a painting and decorating business. 2 / 2 Compatibility of proposed use with adjacent and other properties in the area: The proposed use maintains and extends the current existing use of the property. The compatibility of the use in relation to the surrounding area will not change. Traffic generation: Self-storage stalls typically have sporadic use without peak traffic loads onto the adjacent street. The addition of 3 self-storage stalls to the existing 66 is not anticipated to generate a noticeable traffic increase. Any other information pertinent to adequate understanding of the intended use and its relationship to nearby properties: It is our belief that the existing property use once conformed to zoning ordinance and that the zoning district map has since been modified. CUP & DSV 255 E SNELL RD PC: 1-16-2024 RONALD H/JANE K JOHNSON 3555 MOSER ST OSHKOSH WI 54901 YOUNGWIRTH PROPERTIES 3600 N MAIN ST OSHKOSH WI 54901 D F R ENTERPRISES LLC 1723 EVANS ST OSHKOSH WI 54901 SNELL RD PROPERTIES LLC 916 BAVARIAN CT OSHKOSH WI 54901 SUN STAR HOLDINGS OF DAK 3807 STATE ROAD 21 A OSHKOSH WI 54904 JEFFREY/KELLY WEISJOHN 240 E SNELL RD OSHKOSH WI 54901 RONALD L MCBRAIR 3711 PARKVIEW CT OSHKOSH WI 54901 MICHAEL S/SUSAN K WEISS 330 E SNELL RD OSHKOSH WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 PARKV I EW CT E S N E L L R D N M AI N S T WinnebagoCounty Park 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: 12/13/2023 1 in = 120 ft 1 in = 0.02 mi¯255 E SNELL RD 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 S P O R T R D PRAIRIECT FA RM ST EAD LA COBBLESTONE CT PARKVIEW CT C O M M U N I T Y PARK DR S H ARRATTD R SUMMERSET WAY SUMMERVI EW D R CHAT EAU TER PRAIRIE LA J A C K S O N S T E S N E LL R DW S N EL L R D N MAIN ST MOSER ST O s h k o s h O s h k o s h C it y L i m it C it y L i m it Oshkosh Oshkosh City Limit City Limit O sh k o s hOshkoshCityCityLimitLimit O sh k osh O sh k osh Cit y Li m i t Cit y Li m i t Oshkosh City Limit Oshkosh City Limit DR-6 DR-6 HI HI-PD I I MR-12 SMU SMU-PD SR-3 SR-5 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 12/13/2023 1 in = 500 ft 1 in = 0.09 mi¯255 E SNELL RD 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 PAR KV IEW C T E S N E L L R D 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: 12/13/2023 1 in = 100 ft 1 in = 0.02 mi¯255 E SNELL RD 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 :Mark Lyons, Planning Services Manager D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-26 Approve Conditional Use Permit for a Concrete Batch Plant Located at 3010 Bradley Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting to amend the existing Conditional Use Permit (CUP) for recycling/crushing of asphalt and concrete as well as storage of materials and equipment used by Vinton Construction. The subject site is a vacant parcel located on the east side of Bradley Street approximately 500 feet north of West Waukau Avenue. The 7.85-acre property has a Heavy Industrial District (HI) zoning designation while the 2040 Comprehensive Land Use Plan recommends industrial development for the site. The surrounding area consists of industrial uses to the north and west, a cemetery to the south, and an active railroad to the east. A N A L Y SI SANALYSIS The applicant is requesting to amend the existing CUP for recycling/crushing of asphalt and concrete as well as storage of materials and equipment used by Vinton Construction. Vinton Construction is proposing to place a mobile concrete batch plant on the site. The existing recycling/crushing and storage uses will remain. According to the applicant, the concrete batch plant will be utilized for production of concrete for private and municipal road projects, and will be operated by 3 employees. The applicant has stated that dust control will consist of water usage and calcium chloride application. The proposed concrete batch plant consists of a 75' X 100' setup area. The proposed setup area meets minimum setback requirements of the HI district and will be over an existing gravel area, which will not result in additional impervious surface on the site. The proposed concrete batch plant will have a height of 75'. This exceeds the maximum height for the HI district of 60'; however, the zoning ordinance allows concrete mixing bins to exceed maximum height regulations. The proposed 75' height is under the maximum Airport Zoning height of 76.1' for this area. The applicant will need final approval for the Airport Zoning height from Winnebago County. No changes are being proposed to the existing access to the site. FI SC A L I M P A CTFISCAL I M P A C T Approval of this may result in a minor increase in the assessed property value for the site. The applicant is anticipating spending approximately $50,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit Amendment for a Concrete Batch Plant Located at 3010 Bradley Street with findings on January 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-26 CUP Amendment for 3010 Bradley St 1/23/2024 24-26 RESOLUTION                  PURPOSE: APPROVE CONDITIONAL USE PERMIT AMENDMENT FOR A CONCRETE BATCH PLANT LOCATED AT 3010 BRADLEY STREET INITIATED BY : VINTON CONSTRUCTION COMPANY   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings         WHEREAS, the Plan Commission finds that the Conditional Use Permit Amendment for a Concrete Batch Plant use at 3010 Bradley Street, is consistent with the criteria established in Sections 30-62(C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit amendment for a Concrete Batch Plant use at 3010 Bradley Street, per the attached, is hereby approved, with the following findings:  Is in harmony with the Comprehensive Plan. 1. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting public health, safety, or general welfare.  2. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.  3. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property.  4. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts.  5.   ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR A CONCRETE BATCH PLANT AT 3010 BRADLEY STREET Plan Commission meeting of January 16, 2024. GENERAL INFORMATION Applicant: Vinton Construction Company Owner: Bascom Properties of Oshkosh, LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit Amendment for a concrete batch plant at the subject site. Applicable Ordinance Provisions: Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is a vacant parcel located on the east side of Bradley Street approximately 500 feet north of West Waukau Avenue. The 7.85 acre property has a Heavy Industrial District (HI) zoning designation while the 2040 Comprehensive Land Use Plan recommends industrial development for the site. The surrounding area consists of industrial uses to the north and west, a cemetery to the south, and an active railroad to the east. Subject Site: Existing Land Use Zoning Outdoor storage of asphalt/concrete HI Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning: Existing Uses Zoning North Undeveloped/Cell tower HI South Institutional I West Industrial HI East Vacant/railroad HI Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Industrial ANALYSIS On October 24, 2017, a Conditional Use Permit (CUP) was approved for a freight terminal, which consisted of a 39,000 sq. ft. paved area, at the subject site. However, the freight terminal was never developed. On March 24, 2020, a CUP was approved for an outdoor storage use for recycling/crushing of asphalt and concrete used by Vinton Construction as well as a gravel-surface storage area along the front of the lot to be used for storage of construction equipment, job trailers and semi- trailers. The approved CUP was not utilized before expiring within one year of approval. On August 24, 2021, a CUP was approved to renew the outdoor storage use for recycling/crushing of asphalt and concrete used by Vinton Construction along with storage of construction equipment, job trailers, and semi-trailers. Existing CUP Site Plan (2021) Use The applicant is requesting to amend the existing CUP for recycling/crushing of asphalt and concrete and storage of materials/equipment used by Vinton Construction. Vinton Construction is proposing to place a mobile concrete batch plant on the site. The existing recycling/crushing and storage uses will remain. According to the applicant, the concrete batch plant will be utilized for production of concrete for private and municipal road projects, and will be operated by 3 employees. The applicant has stated that dust control will be comprised of water usage and calcium chloride application. Sweeping equipment will be available to address any tracking on Bradley Street during operations. Noise during crushing operations will be limited between the hours of 6:30 AM through 7:00 PM. The proposed Heavy Industrial use is permitted by-right in the HI zoning district and is compatible with existing uses in the area. Site Design Proposed Site Plan The proposed concrete batch plant consists of a 75’ X 100’ setup area. The proposed setup area meets minimum setback requirements of the HI district and will be over an existing gravel area which will not result in additional impervious surface on the site. The proposed concrete batch plant will have a height of 75’. This exceeds the maximum height for the HI district of 60’, however the zoning ordinance allows concrete mixing bins to exceed maximum height regulations. The proposed 75’ height is under the maximum Airport Zoning height of 76.1’ for this area. The applicant will need final approval for the Airport Zoning Height from Winnebago County. No changes are being proposed to the existing access to the site. Parking The proposed heavy industrial use requires 1 parking space per employee on the largest work shift. The applicant will need to provide 3 parking spaces on the site, in addition to the 4 required parking spaces for the existing outdoor storage use. This can be addressed during Site Plan Review. Signage and Lighting The applicant has submitted a plan for a 4’ X 5’ sign on the fence along the entrance to the site. The sign will need to be a freestanding sign as code prohibits signs from being attached to fencing. Signage must meet setback requirements for the HI district or will be limited to 3’ height and 8 sq. ft. in area per directional sign standards. Signage will be addressed under a separate permit. A lighting plan has not been submitted. If additional lighting is needed for the concrete batch plant, a photometric plan will need to be provided to verify compliance with City lighting standards. Landscaping As no building or additional parking area is being proposed for the site, no additional landscaping is required. Storm Water Management A storm water management plan has not been submitted. The Department of Public Works has noted that a storm water management plan shall be submitted and comply with all requirements of the City of Oshkosh Municipal Code Chapter 14 Storm Water Management. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit Amendment for a concrete batch plant at 3010 Bradley Street as proposed with the findings listed above. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval for a Conditional Use Permit Amendment for a concrete batch plant at the subject site with findings on January 16, 2024. 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. The applicant is requesting a Conditional Use Permit Amendment for a concrete batch plant at the subject site. 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 vacant parcel located on the east side of Bradley Street approximately 500 feet north of West Waukau Avenue. The surrounding area consists of industrial uses to the north and west, a cemetery to the south, and an active railroad to the east. On August 24, 2021, a CUP was approved to renew the outdoor storage use for recycling/crushing of asphalt and concrete used by Vinton Construction along with storage of construction equipment, job trailers, and semi-trailers. The applicant is requesting to amend the existing CUP. Vinton Construction is proposing to place a mobile concrete batch plant on the site. The existing recycling/crushing and storage uses will remain. The concrete batch plant will be utilized for production of concrete for private and municipal road projects, and will be operated by 3 employees. The proposed Heavy Industrial use is permitted by-right in the HI zoning district and is compatible with existing uses in the area. The proposed plant consists of a 75’ X 100’ setup area. The proposed setup area meets minimum setback requirements of the HI district and will be over an existing gravel area which will not result in additional impervious surface on the site. The proposed plant will have a height of 75’. This exceeds the maximum height for the HI district of 60’, however the zoning ordinance allows concrete mixing bins to exceed maximum height regulations. The proposed 75’ height is under the maximum Airport Zoning height of 76.1’ for this area. Staff recommends approval of the proposed Conditional Use Permit Amendment for a concrete batch plant at 3010 Bradley Street as proposed with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey asked if there was a time limit on this. Mr. Lyons stated this would be a permanent allowable use. Mr. Ulrich asked if there were any noise ordinance concerns. Mr. Lyons stated they would have to follow the noise ordinance. This would not give them any exemptions. Mr. Loewenstein wondering how loud it is, and if anyone has consulted the neighbors. Mr. Lyons stated the concrete crushing portion was previously approved. Today we are just looking at the batch plant, which hopefully would be less noise than the crushing. The applicant may be able to speak more on the noise levels. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Bill Vachon, of Vinton Construction, 3920 Jingle Terrace in Green Bay. They did noise surveys on other properties, and they do fall within the noise ordinance. Last year they used the plant 54 days so it is not a day-to-day, week-by-week, operation. Mr. Perry asked if other members of the public wished to speak. There were none, so Mr. Perry closed public comments. There was no closing statement from the applicant. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Ulrich. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 CONDITIONAL USE PERMIT 3010 BRADLEY ST PC: 1-16-2024 GERMAN EV LUTH CEMETER C/O PEACE LUTHERAN CHUR 240 W 9TH AVE OSHKOSH WI 54902 ACS AUTO LLC 2606 SHOREHAVEN LN OSHKOSH WI 54904 OSHKOSH CORPORATION PO BOX 2566 OSHKOSH WI 54903 BASCOM PROP OF OSHKOSH 1322 33RD ST TWO RIVERS WI 54241 OTA INVESTMENTS LLC N2604 COUNTY ROAD SS PINE RIVER WI 54965 WISCONSIN CENTRAL LTD 17641 S ASHLAND AVE HOMEWOOD IL 60430 HYDRITE CHEMICAL CO 17385 GOLF PKWY BROOKFIELD WI 53045 TOWN OF BLACK WOLF 380 E BLACK WOLF AVE OSHKOSH WI 54902 BRADLEY ST W WAUKAU AV O shkosh City Limit O shkosh City Limit 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: 12/13/2023 1 in = 220 ft 1 in = 0.04 mi¯3010 BRADLEY 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 CC IIMMAA RR RR OONN CC TT COVE LACOVE LA CCRRI I MM SSOONN LL AA W 2 8 T H A V S T O N E Y B E A C H L A E WAUKAU AV L A K E R E S T A V JACOB AV OLD OR C H A R D L A V I C T O R I A C T W 29TH AV S T O N E Y B E A C H R D SENNHOLZ CT MYRNA JANE DR STONEYBEACHST G I B S O N C T G I B SON C T IS A AC LA I S A A C L A BRADLEY ST F O N D D U L A C R D W WAUKAU AV OREGON ST HUGHES ST O shkosh O shkosh City Limit City Limit Oshkosh Oshkosh City City Limit Limit O s h k o s h O s h k o s h C it y C it y L i m it L i m it Oshkosh OshkoshCity Limit City Limit O shkosh O shkosh City Limit City LimitOshkosh Oshkosh City Limit City Limit Oshkosh City Li mit Oshkosh City Li mit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i tOshkosh C i t y L i m i t DR-6 DR-6 DR-6 HI HI-PD HI-PD I I I I I MR-12 MR-12 MR-12-PD MR-20 SR-5 SR-5 SR-5 SR-5 SR-5 SR-5-LRO SR-5-LRO SR-5-PD SR-5-PD UMU 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: 12/13/2023 1 in = 600 ft 1 in = 0.11 mi¯3010 BRADLEY 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 BRADLEY ST W WAUKAU 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: 12/13/2023 1 in = 200 ft 1 in = 0.04 mi¯3010 BRADLEY 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 :Jon Urben, General Services Manager D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-27 Award Bid to Kaschak Roofing Inc. for Roof Replacement for Oshkosh Public Library ($197,900.00) B A C KGRO UN DBACKGROUND The Facilities Maintenance Division works closely with our roofing consultant from Specialty Engineering Group (SEG) to regularly monitor, update, and prioritize the annual replacement schedule for our buildings' roof systems and structures. The 2024 CIP Roofing/HVAC CIP was allocated $600,000.00. The top priority for the next roof replacement is to replace the roofs on the Oshkosh Public Library. The project consists of roof replacement of the roofs covering the 1993 addition to the original library building. The roof systems covering that addition were installed in 1993 and have been in service approximately 30 years, well past the 18-20 year normal anticipated service life of the existing stone ballasted ethylene propylene diene terpolymer (EPDM) roof system. The replacement roof system will consist of the same roof system type, with new ballast stone, membrane, sheet metal, and terminations. The project is expected to begin in April or May 2024 and be completed by June 7, 2024. A N A L Y SI SANALYSIS Working with SEG and Facilities Maintenance staff, Purchasing prepared bid specifications for this project. The bid was advertised in the local newspaper and posted on DemandStar. Bids were due January 9, 2024. The bid tab is attached. It is the consensus of SEG that the low bid from Kaschak Roofing Inc. met all the minimum bid requirements and covered all aspects of the project in their bid. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this bid is $197,900.00. This bid, added to SEG's design fee of $30,000.00, brings the total fiscal impact of this project to $227,000.00. The 2024 Roofing/HVAC Fund has been allocated $600,000.00. With the inclusion of this project and factoring in current/pending projects, the HVAC/Roofing CIP Fund has sufficient funds for this project. This project will be charged to A/N#: 03230130 7214 63035 (HVAC/Roofing Replacement Program). REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council award this bid to Kaschak Roofing Inc. for $197,900.00. A t t a chment sAttachments Res 24-27 Bid Tab OPL Roof Replacement 1-23-24 01/23/2024 24-27 RESOLUTION                  PURPOSE: AWARD BID TO KASCHAK ROOFING INC. FOR ROOF REPLACEMENT FOR OSHKOSH PUBLIC LIBRARY ($197,900.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh has heretofore advertised for bids for roof replacement for Oshkosh Public Library; and     WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:     Kaschak Roofing Inc 2301 W Purdue St  Milwaukee, WI 53209                 Total Bid:      $197,900.00   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file.   Money for this purpose is hereby appropriated from:  Acct No.    03230130 7214 63035    HVAC/Roofing Replacement Program     BID TAB OSHKOSH PUBLIC LIBRARY 2024 ROOF REPLACEMENT TUESDAY – JANUARY 9, 2024 10:00 A.M. BIDDER BID PREQUAL BID BOND Walsdorf Roofing Co Inc W325 County Road HH Kiel WI 53042 $299,899.00 YES YES Northern Metal & roofing Co Inc 155 Progress Drive West Bend WI 53095 $282,590.00 YES YES Nieman Central Wisconsin Roofing Co Inc N2599 24th Ave Lyndon Station, WI 53944 $267,100.00 YES YES Wenger Construction Inc N3105 US 45 Campbellsport WI 53010 $384,917.00 YES YES Crafts Inc 3403 Menasha Ave Manitowoc WI 54220 $314,450.00 YES YES Kaschak Roofing Inc 2301 W Purdue St Milwaukee 53209 $197,900.00 YES YES 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-28 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Miller's Bay for the Otter Street Winter Fisheree, February 3, 2024 A t t a chment sAttachments Res 24-28 Otter Street Winter Fisheree Attachment 01/23/2024 24-28 RESOLUTION                  PURPOSE: Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Miller's Bay for the Otter Street Winter Fisheree, February 3, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Otter Street Fishing Club (Jim Erdman) to utilize Menominee Park and Miller's Bay on Friday, February 2, 2024, from 8:00 a.m. through 8:00 p.m. Sunday, February 4, 2024 (actual event time: Saturday, February 3 from 9:00 a.m. to 11:00 p.m.) for the Otter Street Winter Fisheree event in accordance with the municipal code and the attached application, with the following exceptions/conditions:   A.An exception to the provision of 4-24 (B)(6) of the City of Oshkosh Municipal Code to allow the sale of alcoholic beverages after 9:00 p.m. on the condition that such sales shall cease no later than 10:30 p.m. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Police Staffing $728.26 (preliminary estimate includes 70 Auxiliary hrs., 2 CSO hrs. & 4 Supervisor Sgt. hrs. 4 officer hrs.) Equipment/Vehicles $39.78 (preliminary estimate includes dedicated use of vehicles for setup and pick up of no parking signs and barricades) Supplies/Materials $16.50 (preliminary estimate includes use of no parking signs & cones) Fire Inspection $75.00 - 150.00 (preliminary estimate includes dedicated staff for inspection of temporary structures) Public Works Staffing $37.33 (preliminary estimate includes dedicated staff for the delivery and pick up of barricades and signs) Equipment/Vehicles $31.81(preliminary estimate includes dedicated use of vehicle and trailer for delivery and pick up of barricades and signs) Supplies/Materials $33.00 (preliminary estimate includes use of barricades and signs)   SPECIAL EVENT PERMIT APPLICATION Application fees are $25 for a single day event or $35 for a multi-day event GENERAL INFORMATION Official Name of Event: Start Date: End Date: List times for each day: MON TUES WED THURS FRI SAT SUN SET UP TIME START TIME END TIME CLEAN UP TIME LOCATION OF THE EVENT City Park: Public Property (list street(s), building(s), etc.) County Park / Property: City Park: Other: ORGANIZATION SPONSOR Name: Address: City: State: Zip: □ Check this box if this organization is tax exempt (a copy of Wisconsin Sales & Use Tax Exempt form is required) Date Filed: Application Fee Paid: CONTACT INFORMATION (One contact person must be on site at ALL times during the event) Primary Contact Name: Daytime Phone: Cell Phone: Email: Address: City: State: Zip: Secondary Contact Name: Daytime Phone: Cell Phone: Email: Address: City: State: Zip: EVENT DETAILS Brief Description/Purpose of Event: Type of event: □ Festival / Music Concert □ Fun Run / Walk / Roll □ March Utilizing Public Property Parade□ □ Public Assembly (for political purposes) □ Religious / Educational □ Rally / Memorial □ Run / Walk Greater than 5K □ Sport (fishing, soccer, etc.) □ Street / Block Party Event will have: □ Alcoholic Beverages (Special Class B License required) □ Animals - list types of animals □ Amusement Rides (carnival/midway) □ Amplified Sound □ Bounce House □ Bungee Jump □ Camping – list camping location (camping/campgrounds must be licensed by Winnebago County Health Dept.) □ Food □ Dunk Tank □ Marching Units □ Non Food Items for Sale / Display □ Rock Wall □ Tents / Canopies □ Vehicles (Cars, Trucks, ATV, Boats, etc.) □ Water Slides □ Other high-risk activity **It is the organizer’s responsibility to notify the City of Oshkosh and request approval of any changes a minimum of 30 days prior to the event. Estimated attendance per day: 50-250 250-500 500-1,000 1,000-3,000 3,000-5,000 5,000+ 10,000+ Estimated attendance for duration of event: 50-250 250-500 500-1,000 1,000-3,000 3,000-5,000 5,000+ 10,000+ Length of Route for Walk / Run / Roll events: Less than 1 Mile 1 Mile 2Mile 5K Other Number of Participating Booths / Boats / Cars / etc. 1-25 25-50 50-100 100-200 200-400 400-600 + List date & time of specific activities that occur during the event. (Ex: walk/run held day 2 of event) Location of Event Parking: (If city parking lots or turf areas in City Parks or on City property are needed for parking, a parking and/or turf agreement may be required.) Advertising for your event will consist of: Pre-event advertising through yard or other signs Temporary directional / other signage during the event (no more than 24 hours in advance) For more information regarding Special Event signage visit: City of Oshkosh, Municipal Code, Zoning Ordinance, Chapter 30, Article X: Signage SERVICES / FACILITIES REQUESTED / REQUIRED Oshkosh Police Department (list times of service requested/required) List days & times requested / required below (circle AM or PM) Monday AM / PM to AM/PM Tuesday AM / PM to AM / PM Wednesday AM / PM to AM/PM Thursday AM / PM to AM / PM Friday AM / PM to AM/PM Saturday AM / PM to AM / PM Sunday AM / PM to AM/PM Will the event requested /require temporary no parking areas? Yes No Will an additional Security Company be onsite? Yes No Security Firm Contact: Cell Phone: Oshkosh Fire Department (list times of service requested/required) Will the event require Paramedic Services and/or Fire Services? Paramedic Fire List days & times requested / required below (circle AM or PM) Monday AM / PM to AM/PM Tuesday AM / PM to AM / PM Wednesday AM / PM to AM/PM Thursday AM / PM to AM / PM Friday AM / PM to AM/PM Saturday AM / PM to AM / PM Sunday AM / PM to AM/PM Will fire, candles, fireworks or pyrotechnics be used? Yes No Will LP (propane) tanks be utilized? Yes No Will vendors be deep frying food? Yes No (Only Commercial Deep Fryers will be permitted – no free standing units will be allowed.) Public Works / Streets Department Are you requesting a full or partial street closure? Yes No Will you be contracting with a licensed road sign company? Yes No Will the event route cross over a railroad track or bridge? Yes No Parks Department (if your event will be held in a City Park) Will additional dumpster(s) be brought onsite? Yes No Will you be requesting a boat launch buy out (50 + boats)? Yes No Will payment for the launch fee be paid by individual boaters? Yes No Are you requesting turf parking? Yes No List Shelter(s) to be Reserved: Community Development Will mobile vendors have exclusivity at the event? Yes No (If vendors are not contracted with the event organizer, they must have a mobile vending permit.) Electricity Use Will there be a need to utilize City electricity? Yes No If electrical is required, the organizer is responsible to contract with a license electrician. Inspection Services If a City water source is necessary, a licensed plumber must install back flow preventers and shall call Inspection Services for an inspection. Winnebago County If the event is utilizing Winnebago County property or all or part of the waterways, have the proper agreements and requirements been completed? Yes No Other Will drinking water be provided? Yes No How will it be provided? Will portable restrooms or handwashing stations be brought in? Yes No Vendor Contact: Cell Phone: Will food be prepared and served? Yes No (Event organizer is responsible to provide containers and removal of grey water/liquid waste and grease/oil.) Food vendors/trucks must be licensed with the Winnebago County Health Department or the State of Wisconsin. List food vendor(s) names: OTHER REQUIREMENTS □ Event Insurance Certificate of Insurance is required for medium or high risk events; the City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers must be listed as additional insured. □ Business & Residential Notifications Organizer is responsible to notify local businesses and residents that will be impacted by the event EMERGENCY CONTACT INFORMATION Identify who will cancel the event if necessary (name/title/phone number) Name & Title: Cell Phone: Identify how the public will be notified of a cancellation before or during the event. □ I have reviewed the proposed location for the event and determined suitability for our proposed use. □ I have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh (see website for details). □ I have reviewed and understand the City’s Insurance Requirements for Special Events (see website for details). □ I have enclosed the event’s Public Safety Site Plan. □ I have enclosed other information that we believe is necessary or helpful to describe the planned event. If the event takes place on city property (Parks, City Streets, or other city owned facilities) in whole or in part: □ I understand and acknowledge that it is the event organizer’s responsibility to inspect the area the event is to take place and notify the City’s Safety & Risk Management Officer (920.236.5117) of any safety concerns. □ There are no requested changes, upgrades or safety concerns identified . OR □ I am requesting the following changes or upgrades to be considered: SIGNATURE I am authorized to sign this application and act on behalf of the event sponsor in relation to this event. The information contained in this application for a Special Event permit is true, correct and complete to the best of my knowledge. If there are any changes to the Special Event, I agree that I will promptly notify the City of Oshkosh of these changes and request approval of them. I agree that I, or the sponsoring organization, will pay, or reimburse, the City for the actual reasonable cost of providing extraordinary services for the Special Event according to the current Special Events Extraordinary Fees Schedule. Signature of Event Organizer Title of Event Organizer Print Name of Event Organizer Date Return completed Application and Application Fee to: Oshkosh Seniors Center, Attn: Special Events Coordinator 805 Witzel Ave., Oshkosh, WI 54902 SPECIAL EVENT INDEMNIFICATION & HOLD HARMLESS AGREEMENT EVENT NAME: ORGANIZER NAME: The event organizer agrees that it, not the City, will be solely responsible for all incidents at the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontr actors, participants, and visitors. In consideration for the City’s approval of the Special Event except to the extent such claims arise from the sole negligence or willful misconduct of the City, the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments, and/or liabilities, including costs of defense and reasonable attorney fees, and further agrees to pay any settlement entered into or on the behalf of, or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City’s insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insureds for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. EVENT ORGANIZER(S) Print Name of Event Organizer Date Signature of Event Organizer Title of Event Organizer 04/25/2023 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-29 Approve Special Event - Battle On Bago Foundation Inc. to Utilize Menominee Park, Miller's Bay, Park Trails, and City Streets for the Battle on Bago Event, February 16 & 17, 2024 A t t a chment sAttachments Res 24-29 Battle on Bago Attachment Battle on Bago Attachment (2) 01/23/2024 24-29 RESOLUTION                  PURPOSE: Approve Special Event - Battle on Bago Foundation Inc., to Utilize Menominee Park, Miller's Bay, Park Trails and City Streets for the Battle on Bago Event, February 16 & 17, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Battle on Bago Foundation (Glenn Curran) to utilize Menominee Park & Miller's Bay from 8:00 a.m. Monday, February 12 through 8:00 a.m. Sunday, February 18, 2024 (event times: Friday, February 16 from 6:00 a.m. – 11:00 p.m.; Saturday, February 17 from 5:00 a.m. to 8:00 p.m.) for the Battle on Bago event, in accordance with the municipal code and the attached application, with the following exceptions/conditions:   A.An exception to the provision of 4-23 (B)(6) of the City of Oshkosh Municipal Code, to allow an extension of the sale of alcoholic beverages after 9:00 p.m. on Friday, February 16, 2024 Cost Estimate for Extra Ordinary Services Police Staffing $728.26 (preliminary estimate includes 4 officer hrs., 4 supervisor hrs, and 2 CSO hrs.) Equipment / Vehicles $79.56 (preliminary estimate includes use of vehicles for setup and tear down of np signs & cones) Supplies / Materials $33 (preliminary estimate includes use of np signs and cones - 2 days) Fire Inspection $75-$1150 (preliminary estimate includes fire inspection) Streets Staffing $37.33 (preliminary estimate includes 1 hr. street personnel) Equipment/Vehicles $31.81 (preliminary estimate includes 1 dedicated hr. for delivery & pickup of barricades & signs) Supplies/Materials $33 (preliminary estimate includes use of barricades & signs)   OPD Stationed Parking will be throughout the park and on surrounding city streets; ATVs will be allowed on City Park trails and City streets within 3 to 4 block radius There will be no access to Pratt Trail around the loop of the Zoo. Turf Parking Port-a-lets, dumpsters, etc. 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-30 Approve Special Event - Father Carr's Place 2 Be to Host the CaRRnival for Kids in Father Carr's Parking Lot, 1062 N Koeller, June 1, 2024 A t t a chment sAttachments Res 24-30 CaRRnival for Kids attachment 01/23/2024 24-30 RESOLUTION                  PURPOSE: Approve Special Event - Father Carr's Place 2 Be to host the CaRRnival for Kids in Father Carr's parking lot, 1062 N Koeller, June 1, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Father Carr’s Place 2 Be (Sherri Ziemer) to host the CaRRnival for Kids in the Father Carr's parking lot, 1062 N Koeller on Saturday, June 1, 2024 from 10:00 a.m. to 4:00 p.m. in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. 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.   A.  An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow animals (petting zoo) for educational purposes.     Cost Estimates for Extraordinary Services Police Staffing $211.80 (preliminary estimate includes 6 CSO hrs. & 1 Supervisor Sgt. hr.)   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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-31 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park, Miller's Bay, Gazebo Area, and Cruiser Docks for the Otter Street Walleye Tournament, June 14 - 16, 2024 A t t a chment sAttachments Res 24-31 Otter Street Walleye Tournament Layout attachment Otter Street Walleye Tournament attachment 01/23/2024 24-31 RESOLUTION                  PURPOSE: Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park, Miller's Bay, Gazebo Area, and Cruise Docks for the Otter Street Walleye Tournament, June 14 -16, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Otter Street Fishing Club (Jim Erdman) to utilize the Menominee Park, Miller's Bay, Gazebo area, and cruise docks from 12 noon, Thursday, June 13, through 10:00 p.m. Sunday, June 16, 2024 (actual event times: Friday, June 14 from 12:00 p.m. to 8:00 p.m.; Saturday, June 15, from 5:00 a.m. to 9:00 p.m. and Sunday, June 16, from 5:00 a.m. to 9:00 p.m.) for the Otter Street Walleye Tournament in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Police Staffing $20.31 (preliminary estimate includes 1 CSO hr.) Equipment/Vehicle $19.89 (preliminary estimate includes 1 hr. vehicle use) Supplies/Materials $11.00 (preliminary estimate includes use of np signs and cones)   Parking will be throughout the park and on surrounding city streets; there may be little to no access to Pratt Trail around the loop of the Zoo. Port-a-lets, Parking Turf Parking SPECIAL EVENT PERMIT APPLICATION Application fees are $25 for a single day event or $35 for a multi-day event GENERAL INFORMATION Official Name of Event: Start Date: End Date: List times for each day: MON TUES WED THURS FRI SAT SUN SET UP TIME START TIME END TIME CLEAN UP TIME LOCATION OF THE EVENT City Park: Public Property (list street(s), building(s), etc.) County Park / Property: City Park: Other: ORGANIZATION SPONSOR Name: Address: City: State: Zip: □ Check this box if this organization is tax exempt (a copy of Wisconsin Sales & Use Tax Exempt form is required) Date Filed: Application Fee Paid: CONTACT INFORMATION (One contact person must be on site at ALL times during the event) Primary Contact Name: Daytime Phone: Cell Phone: Email: Address: City: State: Zip: Secondary Contact Name: Daytime Phone: Cell Phone: Email: Address: City: State: Zip: EVENT DETAILS Brief Description/Purpose of Event: Type of event: □ Festival / Music Concert □ Fun Run / Walk / Roll □ March Utilizing Public Property Parade□ □ Public Assembly (for political purposes) □ Religious / Educational □ Rally / Memorial □ Run / Walk Greater than 5K □ Sport (fishing, soccer, etc.) □ Street / Block Party Event will have: □ Alcoholic Beverages (Special Class B License required) □ Animals - list types of animals □ Amusement Rides (carnival/midway) □ Amplified Sound □ Bounce House □ Bungee Jump □ Camping – list camping location (camping/campgrounds must be licensed by Winnebago County Health Dept.) □ Food □ Dunk Tank □ Marching Units □ Non Food Items for Sale / Display □ Rock Wall □ Tents / Canopies □ Vehicles (Cars, Trucks, ATV, Boats, etc.) □ Water Slides □ Other high-risk activity **It is the organizer’s responsibility to notify the City of Oshkosh and request approval of any changes a minimum of 30 days prior to the event. Estimated attendance per day: 50-250 250-500 500-1,000 1,000-3,000 3,000-5,000 5,000+ 10,000+ Estimated attendance for duration of event: 50-250 250-500 500-1,000 1,000-3,000 3,000-5,000 5,000+ 10,000+ Length of Route for Walk / Run / Roll events: Less than 1 Mile 1 Mile 2Mile 5K Other Number of Participating Booths / Boats / Cars / etc. 1-25 25-50 50-100 100-200 200-400 400-600 + List date & time of specific activities that occur during the event. (Ex: walk/run held day 2 of event) Location of Event Parking: (If city parking lots or turf areas in City Parks or on City property are needed for parking, a parking and/or turf agreement may be required.) Advertising for your event will consist of: Pre-event advertising through yard or other signs Temporary directional / other signage during the event (no more than 24 hours in advance) For more information regarding Special Event signage visit: City of Oshkosh, Municipal Code, Zoning Ordinance, Chapter 30, Article X: Signage SERVICES / FACILITIES REQUESTED / REQUIRED Oshkosh Police Department (list times of service requested/required) List days & times requested / required below (circle AM or PM) Monday AM / PM to AM/PM Tuesday AM / PM to AM / PM Wednesday AM / PM to AM/PM Thursday AM / PM to AM / PM Friday AM / PM to AM/PM Saturday AM / PM to AM / PM Sunday AM / PM to AM/PM Will the event requested /require temporary no parking areas? Yes No Will an additional Security Company be onsite? Yes No Security Firm Contact: Cell Phone: Oshkosh Fire Department (list times of service requested/required) Will the event require Paramedic Services and/or Fire Services? Paramedic Fire List days & times requested / required below (circle AM or PM) Monday AM / PM to AM/PM Tuesday AM / PM to AM / PM Wednesday AM / PM to AM/PM Thursday AM / PM to AM / PM Friday AM / PM to AM/PM Saturday AM / PM to AM / PM Sunday AM / PM to AM/PM Will fire, candles, fireworks or pyrotechnics be used? Yes No Will LP (propane) tanks be utilized? Yes No Will vendors be deep frying food? Yes No (Only Commercial Deep Fryers will be permitted – no free standing units will be allowed.) Public Works / Streets Department Are you requesting a full or partial street closure? Yes No Will you be contracting with a licensed road sign company? Yes No Will the event route cross over a railroad track or bridge? Yes No Parks Department (if your event will be held in a City Park) Will additional dumpster(s) be brought onsite? Yes No Will you be requesting a boat launch buy out (50 + boats)? Yes No Will payment for the launch fee be paid by individual boaters? Yes No Are you requesting turf parking? Yes No List Shelter(s) to be Reserved: Community Development Will mobile vendors have exclusivity at the event? Yes No (If vendors are not contracted with the event organizer, they must have a mobile vending permit.) Electricity Use Will there be a need to utilize City electricity? Yes No If electrical is required, the organizer is responsible to contract with a license electrician. Inspection Services If a City water source is necessary, a licensed plumber must install back flow preventers and shall call Inspection Services for an inspection. Winnebago County If the event is utilizing Winnebago County property or all or part of the waterways, have the proper agreements and requirements been completed? Yes No Other Will drinking water be provided? Yes No How will it be provided? Will portable restrooms or handwashing stations be brought in? Yes No Vendor Contact: Cell Phone: Will food be prepared and served? Yes No (Event organizer is responsible to provide containers and removal of grey water/liquid waste and grease/oil.) Food vendors/trucks must be licensed with the Winnebago County Health Department or the State of Wisconsin. List food vendor(s) names: OTHER REQUIREMENTS □ Event Insurance Certificate of Insurance is required for medium or high risk events; the City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers must be listed as additional insured. □ Business & Residential Notifications Organizer is responsible to notify local businesses and residents that will be impacted by the event EMERGENCY CONTACT INFORMATION Identify who will cancel the event if necessary (name/title/phone number) Name & Title: Cell Phone: Identify how the public will be notified of a cancellation before or during the event. □ I have reviewed the proposed location for the event and determined suitability for our proposed use. □ I have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh (see website for details). □ I have reviewed and understand the City’s Insurance Requirements for Special Events (see website for details). □ I have enclosed the event’s Public Safety Site Plan. □ I have enclosed other information that we believe is necessary or helpful to describe the planned event. If the event takes place on city property (Parks, City Streets, or other city owned facilities) in whole or in part: □ I understand and acknowledge that it is the event organizer’s responsibility to inspect the area the event is to take place and notify the City’s Safety & Risk Management Officer (920.236.5117) of any safety concerns. □ There are no requested changes, upgrades or safety concerns identified . OR □ I am requesting the following changes or upgrades to be considered: SIGNATURE I am authorized to sign this application and act on behalf of the event sponsor in relation to this event. The information contained in this application for a Special Event permit is true, correct and complete to the best of my knowledge. If there are any changes to the Special Event, I agree that I will promptly notify the City of Oshkosh of these changes and request approval of them. I agree that I, or the sponsoring organization, will pay, or reimburse, the City for the actual reasonable cost of providing extraordinary services for the Special Event according to the current Special Events Extraordinary Fees Schedule. Signature of Event Organizer Title of Event Organizer Print Name of Event Organizer Date Return completed Application and Application Fee to: Oshkosh Seniors Center, Attn: Special Events Coordinator 805 Witzel Ave., Oshkosh, WI 54902 SPECIAL EVENT INDEMNIFICATION & HOLD HARMLESS AGREEMENT EVENT NAME: ORGANIZER NAME: The event organizer agrees that it, not the City, will be solely responsible for all incidents at the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontr actors, participants, and visitors. In consideration for the City’s approval of the Special Event except to the extent such claims arise from the sole negligence or willful misconduct of the City, the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments, and/or liabilities, including costs of defense and reasonable attorney fees, and further agrees to pay any settlement entered into or on the behalf of, or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City’s insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insureds for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. EVENT ORGANIZER(S) Print Name of Event Organizer Date Signature of Event Organizer Title of Event Organizer 04/25/2023 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-32 Approve Special Event - Oshkosh YMCA to Utilize City Streets for the Oshkosh Century Bike Ride, June 23, 2024 A t t a chment sAttachments Res 24-32 Century Bike Ride attachment 01/23/2024 24-32 RESOLUTION                  PURPOSE: Approve Special Event - Oshkosh YMCA to utilize City streets for the Oshkosh Century Bike Ride, June 23, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the Oshkosh YMCA (Angie Flangan) to utilize City streets on Sunday, June 23, 2024 from 5:30 a.m. to 4:00 p.m. for the Oshkosh Century Bike Ride in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.   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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-33 Approve Special Event - Oshkosh Youth Baseball (OYB) to Utilize Menominee Park and Reetz Softball Complex for the Oshkosh Youth Baseball Tournament, June 28 - 30, 2024 A t t a chment sAttachments Res 24-33 OYB Tournament attachment 01/23/2024 24-33 RESOLUTION                  PURPOSE: Approve Special Event - Oshkosh Youth Baseball (OYB) to Utilize Menominee Park for the Oshkosh Youth Baseball Tournament, June 28 - 30, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Oshkosh Youth Baseball (Ryan Haase) to utilize Menominee Park & the Reetz Softball Complex from Friday, June 28 through Sunday, June 30, 2024 (actual events times: Friday, June 28 from 4:00 p.m. to 10:00 p.m., Saturday, June 29 from 8:00 a.m. to 10:00 p.m. and Sunday, June 30 from 8:00 a.m. to 8:00 p.m.) for the Oshkosh Youth Baseball Tournament, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimate 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-34 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Ames Point for the Otter Street Kids Fisheree, August 10, 2024 A t t a chment sAttachments Res 24-34 Otter Street Kids Fisheree attachment 01/23/2024 24-34 RESOLUTION                  PURPOSE: Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Ames Point for the Otter Street Kids Fisheree, August 10, 2024 INITIATED BY : City Administration     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 None   SPECIAL EVENT PERMIT APPLICATION Application fees are $25 for a single day event or $35 for a multi-day event GENERAL INFORMATION Official Name of Event: Start Date: End Date: List times for each day: MON TUES WED THURS FRI SAT SUN SET UP TIME START TIME END TIME CLEAN UP TIME LOCATION OF THE EVENT City Park: Public Property (list street(s), building(s), etc.) County Park / Property: City Park: Other: ORGANIZATION SPONSOR Name: Address: City: State: Zip: □ Check this box if this organization is tax exempt (a copy of Wisconsin Sales & Use Tax Exempt form is required) Date Filed: Application Fee Paid: CONTACT INFORMATION (One contact person must be on site at ALL times during the event) Primary Contact Name: Daytime Phone: Cell Phone: Email: Address: City: State: Zip: Secondary Contact Name: Daytime Phone: Cell Phone: Email: Address: City: State: Zip: EVENT DETAILS Brief Description/Purpose of Event: Type of event: □ Festival / Music Concert □ Fun Run / Walk / Roll □ March Utilizing Public Property Parade□ □ Public Assembly (for political purposes) □ Religious / Educational □ Rally / Memorial □ Run / Walk Greater than 5K □ Sport (fishing, soccer, etc.) □ Street / Block Party Event will have: □ Alcoholic Beverages (Special Class B License required) □ Animals - list types of animals □ Amusement Rides (carnival/midway) □ Amplified Sound □ Bounce House □ Bungee Jump □ Camping – list camping location (camping/campgrounds must be licensed by Winnebago County Health Dept.) □ Food □ Dunk Tank □ Marching Units □ Non Food Items for Sale / Display □ Rock Wall □ Tents / Canopies □ Vehicles (Cars, Trucks, ATV, Boats, etc.) □ Water Slides □ Other high-risk activity **It is the organizer’s responsibility to notify the City of Oshkosh and request approval of any changes a minimum of 30 days prior to the event. Estimated attendance per day: 50-250 250-500 500-1,000 1,000-3,000 3,000-5,000 5,000+ 10,000+ Estimated attendance for duration of event: 50-250 250-500 500-1,000 1,000-3,000 3,000-5,000 5,000+ 10,000+ Length of Route for Walk / Run / Roll events: Less than 1 Mile 1 Mile 2Mile 5K Other Number of Participating Booths / Boats / Cars / etc. 1-25 25-50 50-100 100-200 200-400 400-600 + List date & time of specific activities that occur during the event. (Ex: walk/run held day 2 of event) Location of Event Parking: (If city parking lots or turf areas in City Parks or on City property are needed for parking, a parking and/or turf agreement may be required.) Advertising for your event will consist of: Pre-event advertising through yard or other signs Temporary directional / other signage during the event (no more than 24 hours in advance) For more information regarding Special Event signage visit: City of Oshkosh, Municipal Code, Zoning Ordinance, Chapter 30, Article X: Signage SERVICES / FACILITIES REQUESTED / REQUIRED Oshkosh Police Department (list times of service requested/required) List days & times requested / required below (circle AM or PM) Monday AM / PM to AM/PM Tuesday AM / PM to AM / PM Wednesday AM / PM to AM/PM Thursday AM / PM to AM / PM Friday AM / PM to AM/PM Saturday AM / PM to AM / PM Sunday AM / PM to AM/PM Will the event requested /require temporary no parking areas? Yes No Will an additional Security Company be onsite? Yes No Security Firm Contact: Cell Phone: Oshkosh Fire Department (list times of service requested/required) Will the event require Paramedic Services and/or Fire Services? Paramedic Fire List days & times requested / required below (circle AM or PM) Monday AM / PM to AM/PM Tuesday AM / PM to AM / PM Wednesday AM / PM to AM/PM Thursday AM / PM to AM / PM Friday AM / PM to AM/PM Saturday AM / PM to AM / PM Sunday AM / PM to AM/PM Will fire, candles, fireworks or pyrotechnics be used? Yes No Will LP (propane) tanks be utilized? Yes No Will vendors be deep frying food? Yes No (Only Commercial Deep Fryers will be permitted – no free standing units will be allowed.) Public Works / Streets Department Are you requesting a full or partial street closure? Yes No Will you be contracting with a licensed road sign company? Yes No Will the event route cross over a railroad track or bridge? Yes No Parks Department (if your event will be held in a City Park) Will additional dumpster(s) be brought onsite? Yes No Will you be requesting a boat launch buy out (50 + boats)? Yes No Will payment for the launch fee be paid by individual boaters? Yes No Are you requesting turf parking? Yes No List Shelter(s) to be Reserved: Community Development Will mobile vendors have exclusivity at the event? Yes No (If vendors are not contracted with the event organizer, they must have a mobile vending permit.) Electricity Use Will there be a need to utilize City electricity? Yes No If electrical is required, the organizer is responsible to contract with a license electrician. Inspection Services If a City water source is necessary, a licensed plumber must install back flow preventers and shall call Inspection Services for an inspection. Winnebago County If the event is utilizing Winnebago County property or all or part of the waterways, have the proper agreements and requirements been completed? Yes No Other Will drinking water be provided? Yes No How will it be provided? Will portable restrooms or handwashing stations be brought in? Yes No Vendor Contact: Cell Phone: Will food be prepared and served? Yes No (Event organizer is responsible to provide containers and removal of grey water/liquid waste and grease/oil.) Food vendors/trucks must be licensed with the Winnebago County Health Department or the State of Wisconsin. List food vendor(s) names: OTHER REQUIREMENTS □ Event Insurance Certificate of Insurance is required for medium or high risk events; the City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers must be listed as additional insured. □ Business & Residential Notifications Organizer is responsible to notify local businesses and residents that will be impacted by the event EMERGENCY CONTACT INFORMATION Identify who will cancel the event if necessary (name/title/phone number) Name & Title: Cell Phone: Identify how the public will be notified of a cancellation before or during the event. □ I have reviewed the proposed location for the event and determined suitability for our proposed use. □ I have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh (see website for details). □ I have reviewed and understand the City’s Insurance Requirements for Special Events (see website for details). □ I have enclosed the event’s Public Safety Site Plan. □ I have enclosed other information that we believe is necessary or helpful to describe the planned event. If the event takes place on city property (Parks, City Streets, or other city owned facilities) in whole or in part: □ I understand and acknowledge that it is the event organizer’s responsibility to inspect the area the event is to take place and notify the City’s Safety & Risk Management Officer (920.236.5117) of any safety concerns. □ There are no requested changes, upgrades or safety concerns identified . OR □ I am requesting the following changes or upgrades to be considered: SIGNATURE I am authorized to sign this application and act on behalf of the event sponsor in relation to this event. The information contained in this application for a Special Event permit is true, correct and complete to the best of my knowledge. If there are any changes to the Special Event, I agree that I will promptly notify the City of Oshkosh of these changes and request approval of them. I agree that I, or the sponsoring organization, will pay, or reimburse, the City for the actual reasonable cost of providing extraordinary services for the Special Event according to the current Special Events Extraordinary Fees Schedule. Signature of Event Organizer Title of Event Organizer Print Name of Event Organizer Date Return completed Application and Application Fee to: Oshkosh Seniors Center, Attn: Special Events Coordinator 805 Witzel Ave., Oshkosh, WI 54902 SPECIAL EVENT INDEMNIFICATION & HOLD HARMLESS AGREEMENT EVENT NAME: ORGANIZER NAME: The event organizer agrees that it, not the City, will be solely responsible for all incidents at the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontr actors, participants, and visitors. In consideration for the City’s approval of the Special Event except to the extent such claims arise from the sole negligence or willful misconduct of the City, the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments, and/or liabilities, including costs of defense and reasonable attorney fees, and further agrees to pay any settlement entered into or on the behalf of, or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City’s insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insureds for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. EVENT ORGANIZER(S) Print Name of Event Organizer Date Signature of Event Organizer Title of Event Organizer 04/25/2023 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-35 Approve Special Event - Vietnam Veterans of America Chapter 437 to Utilize South Park War Monument for the POW/MIA Remembrance Ceremony, September 21, 2024 A t t a chment sAttachments Res 24-35 POW MIA Ceremony attachment 01/23/2024 24-35 RESOLUTION                  PURPOSE: Approve Special Event - Vietnam Veterans of America Chapter 437 to Utilize South Park War Monument for the POW/MIA Remembrance Ceremony, September 21, 2024 INITIATED BY : City Administration     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 event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-36 Approve Special Event - The Amyotrophic Lateral Sclerosis (ALS) Association to Utilize Menominee Park for the Walk to Defeat ALS, September 21, 2024 A t t a chment sAttachments Res 24-36 Walk to Defeat ALS attachment 01/23/2024 24-36 RESOLUTION                  PURPOSE: Approve Special Event - The Amyotrophic Lateral Sclerosis (ALS) Association to Utilize Menominee Park for the Walk to Defeat ALS, September 21, 2024   INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to The Amyotrophic Lateral Sclerosisals??????? Association (Annie Maloney) to utilize Menominee Park on Saturday, September 21, 2024, from 6:30 a.m. to 1:00 p.m. (actual event time 8:30 a.m. to 12:00 p.m.) for the Walk to Defeat ALS event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Police Staffing $20.31 (preliminary estimate includes 1hr. CSO setup and tear-down of cones and no parking 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-37 Approve Special Event - Alzheimer's Association to Utilize Lakeshore Park, Pavilion, Trail, and City Streets for the Walk to End Alzheimer's, September 28, 2024 A t t a chment sAttachments Res 24-37 Walk to End Alzheimer's attachment 01/23/2024 24-37 RESOLUTION                  PURPOSE: Approve Special Event - Alzheimer's Association to Utilize Lakeshore Park, Pavilion, Trail and City Streets for the Walk to End Alzheimer's September 28, 2024 INITIATED BY : City Administration     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Alzheimer’s Association (Deb Paul) to utilize Lakeshore Park, pavilion, trail and City streets on Saturday, September 28, 2024, from 6:00 a.m. to 1:00 p.m. (actual event time 10:00 a.m. to 11:30 a.m.) for the Walk to End Alzheimer’s event in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Police Staffing $872.75 (preliminary estimate includes 4 CSO hr., 4 Supervisor hrs., and 5.75 officer hrs. for security)   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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-38 Approve Special Class "B" Licenses A t t a chment sAttachments Res 24-38 01/23/2024 24-38 RESOLUTION                  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: SPECIAL CLASS "B" LICENSES ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, AND PERSON IN CHARGE: Fe, Vida y Esperanza Inc Event Name: Dia del Amor y La Amistad February 9, 2024 from 9:00pm to 2:00am Location: Sunnyview Expo Center, 500 E County Road Y, Oshkosh, WI 54901 Person in Charge: Michel Hernandez Otter Street Fishing Club Event Name: Otter Street Winter Fisheree February 3, 2024 from 10:00am to 10:00pm Location: Miller's Bay - Siewert Trail Tent Person in Charge: Scott Engel Special Olympics Wisconsin Event Name: Oshkosh Polar Plunge February 10, 2024 from 10:00am to 4:00pm Location: 820 Hazel Street, Oshkosh, WI 54901 Person in Charge: Jared Porter Battle on Bago Event Name: Battle on Bago February 16, 2024 from 8:00am to 11:00pm February 17, 2024 from 8:00am to 11:00pm Location: Menominee Park Person in Charge: Curt Stam Battle on Bago Event Name: Otter Street Fishing June 14, 2024 from 8:00am to 10:00pm June 15, 2024 from 8:00am to 10:00pm June 16, 2024 from 8:00am to 10:00pm Location: Menominee Park Person in Charge: Curt Stam   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-39 Approve Appointments to Various Boards and Commissions B A C KGRO UN DBACKGROUND In accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. As vacancies to the City's Boards and Commissions currently exist, the Mayor makes the appointments listed below for consideration by the Common Council. REC O M M E N D A TI ONRECOMMENDATION The Mayor recommends that the Common Council approve the appointments listed below: A d vis ory P a rk B oa rdAdvisory P a r k B o a r d Tim Franz, moving from Alternate 2 to Seat 1, term ending 2025 B us ines s I mp r ove ment D is t r ic t (B I D ) B oa rdBusiness I mp r o ve ment D is t r ic t (B I D ) B o a r d Derek Mulloy, moving from Alternate 1 to Seat 11, term ending 2026 D ive r s it y, Eq uit y , a nd I nclus ion (D E I ) Commit t eeDiversity, Eq uit y , a nd I nclus io n (D E I ) C om mit t ee Marina Kenowski, appointed to Alternate 2, term ending 2024 Sus t a ina b ilit y A d vis ory B oa rdSustainability A d vis or y B o a r d Jacob Klaameyer, appointed to Seat 1, term ending 2024 A t t a chment sAttachments Res 24-39 Application - DEI_Kenowski Marina Application - SAB_Klaameyer Jacob 1/23/2024 24-39 RESOLUTION                  PURPOSE: APPROVE APPOINTMENT TO THE FOLLOWING BOARDS AND COMMISSIONS:   ADVISORY PARK BOARD BUSINESS IMPROVEMENT DISTRICT (BID) BOARD DIVERSITY, EQUITY, AND INCLUSION (DEI) COMMITTEE SUSTAINABILITY ADVISORY BOARD INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, in accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointments to the various boards are made by Mayor Matt Mugerauer, as listed below, and are hereby approved.   Advisory Park Board Tim Franz, moving from Alternate 2 to Seat 1, term ending 2025   Business Improvement District (BID) Board Derek Mulloy, moving from Alternate 1 to Seat 11, term ending 2026   Diversity, Equity, and Inclusion (DEI) Committee Marina Kenowski, appointed to Alternate 2, term ending 2024   Sustainability Advisory Board Jacob Klaameyer, appointed to Seat 1, term ending 2024 1 Zuercher, Kami From:Bartlett, Diane Sent:Thursday, June 29, 2023 11:31 AM To:Zuercher, Kami Subject:FW: City of Oshkosh Board/Commission Background Questionnaire From: City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent: Monday, January 9, 2023 11:35 AM To: Bartlett, Diane <DBartlett@ci.oshkosh.wi.us> Subject: City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:1/9/2023 11:35:19 AM Board/Commission DIVERSITY, EQUITY AND INCLUSION COMMITTEE Name (Last, First, Middle) Address City State Zip Marina Kenowski 1700 Woodstock st 54904 Employer Occupation: Amcor Trade Compliance specialist 18 Years of Age or Older Yes Home Phone (920)312-6493 Business Phone (920)527-5054 Email Address marinakenowski@gmail.com Cell Phone (920)312-6493 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 7 Education: MBA Supply Chain and Logistics, currently studying at Lakeland University- Masters in Counseling (2026) Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No 2 List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have serv ed: Years: Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? Volunteer in several settings; Behavioral coach certification (2016); Rotary Youth member (2002/2003) Please write a concise statement which describes why you wish to serve on the above Board/Commission. I'd help promoting cultural competence and awareness 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Friday, July 7, 2023 10:46 AM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. City of Oshkosh Board/Commission Background Questionnaire Date:7/7/2023 10:46:03 AM Board/Commission Sustainability Advisory Board, Transportation Committee, Advisory Park Board Name (Last, First, Middle) Address City State Zip Jacob Tyler Quan Klaameyer 505 Hobbs Ave. Oshkosh, Wisconsin 54901 Employer Occupation: Oshkosh Corporation Mechanical Engineer 18 Years of Age or Older Yes Home Phone (920) 509-2565 Business Phone (920) 920-5908 Email Address jklaameyer@gmail.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 6 Education: Bachelor of Science in Mechanical Engineering from the University of Alaska Fairbanks Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committiees on which you have served: Years: 2 Do you have any other previous experience, special qualifications or technical training, that would be relevant to the position that you are interested in? I feel my experience in the Oshkosh Corporation Product Stewardship Council as the corporate engineering representative and leading the total cost of ownership analysis of Oshkosh Corporation customer vehicles qualifies me for a position on the Sustainability Advisory Board and/or Transportation Committee. Additionally, I am currently an apprentice of an ethnobotanist, forager, and herbalist based out of Green Bay, which could help inform the Sustainability Advisory Board and Advisory Park Board of ways to increase food security and resilience in our community. Also, I have experience finding federal opportunities and funding and writing proposal responses from my job at Oshkosh Corporation. Please write a concise statement which describes why you wish to serve on the above Board/Commission. Outreach to fellow citizens of Oshkosh is of upmost importance to being of service. First and foremost, I would work to solicit and bring the problems and solutions from our community to bear within the board/committee meetings. Speaking with folks at parks while foraging has already shown significant opportunity to teach the community about invasive edible plant species to combat food insecurity and increase biodiversity in our city. Also, regular involvement with community bike events has shown me community activities make us all physically and mentally healthier; Promoting more interactions between our citizens is key to our collective success. Secondarily, increasing utility of our governments' services and spreading useful information from the board/committee meetings will improve the community involvement. Also, I offer my skills of quantitative analysis and proposal and professional writing to any board/committee. 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 :January 23, 2024 SUB JEC T:SUB JEC T :Ord 24-40 Approve Zone Change from General Agricultural Extraterritorial District (A-2ETZ) to Single-Family Residence Extraterritorial District (R-1ETZ) for a property located at 4744 County Highway K in the Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting a zone change to Single-Family Residence Extraterritorial District (R-1ETZ) for the subject property. The subject area for this rezone request consists of an approximately 40-acre parcel of land located in the Town of Algoma on the north side of County Highway K, approximately ½ mile west of Clairville Road and the current City limits. The property is located in the Zone D, City Expansion Area per the Cooperative Plan between the Town of Algoma and City of Oshkosh. The property is scheduled to be attached to the City on March 1, 2043. A N A L Y SI SANALYSIS The zone change to R-1 ETZ is to allow the owner to subdivide the property into two lots for an additional single-family development. The current A-2 ETZ District, meant for higher-intensity agricultural uses, does not permit new residential developments. The 2040 Comprehensive Plan recommends light density residential uses for this area, so the A-2 ETZ District is consistent with that recommendation. REC O M M E N D A TI ONRECOMMENDATION The Extraterritorial Zoning Committee recommended approval of the requested zone change for the property located at 4744 County Highway K with findings on January 2, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Ord 24-40 EZC - Zone Change - 4744 CTH K 1/23/2024 24-40 ORDINANCE   SECOND READING     1/9/2024 24-14 ORDINANCE   FIRST READING                  PURPOSE: APPROVE ZONE CHANGE FROM GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-2 ETZ) TO SINGLE-FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT (R-1 ETZ) FOR A PROPERTY LOCATED AT 4744 COUNTY HIGHWAY K IN THE TOWN OF ALGOMA INITIATED BY : DARRYL LEHMAN, MARTENSON & EISELE, INC.   EXTRATERRITORIAL ZONING COMMITTEE RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-713(B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO EXTRATERRITORIAL ZONING DISTRICTS WITHIN THE TOWN OF ALGOMA/CITY OF OSHKOSH EXPANSION AREA The Common Council of the City of Oshkosh does ordain as follows:     SECTION 1. That Section 30-713(B) of the Oshkosh Municipal Code pertaining to Extraterritorial Zoning Districts within the Town of Algoma/City of Oshkosh Expansion Area and the map therein described is hereby amended by changing the district character of the following described property from General Agricultural Extraterritorial Zoning (A-2 ETZ) to Single-Family Residence Extraterritorial District (R-1 ETZ) Generally located at the property west of 4744 County Highway K as described below: ZONE CHANGE FROM GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-2ETZ) TO SINGLE FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT (R-1ETZ) FOR PROPERTY LOCATED AT 4744 COUNTY ROAD “K”. BEING ALL OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 16 EAST, ALL LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, 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 #24-40 APPROVE ZONE CHANGE FROM GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-2ETZ) TO SINGLE-FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT (R-1ETZ) FOR A PROPERTY LOCATED AT 4744 COUNTY HIGHWAY “K” IN THE TOWN OF ALGOMA on January 23, 2024. This ordinance changes the zoning of the properties located at 4744 Highway K in the Town of Algoma from General Agricultural Extraterritorial District (A-2 ETZ) to Single-Family Residence Extraterritorial District (R-1 ETZ). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: ZONE CHANGE FROM GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-2ETZ) TO SINGLE-FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT (R-1ETZ) FOR A PROPERTY LOCATED AT 4744 COUNTY HIGHWAY “K” IN THE TOWN OF ALGOMA Extraterritorial Zoning Committee meeting of January 2, 2024. GENERAL INFORMATION Applicant: Darryl Lehman, Martenson & Eisele, Inc. Owner: Jeffrey & Sandra Rogge Action(s) Requested: The applicant requests a zone change from the existing General Agricultural Extraterritorial (A-2 ETZ) District to Single-Family Residence Extraterritorial (R-1ETZ) for property located 4744 County Highway “K” in the Town of Algoma. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30- 707 of the Zoning Ordinance. Property Location and Background Information: The subject area for this rezone request consists of an approximately 40-acre ¼, ¼ parcel of land located in the Town of Algoma on the north side of County Highway “K”, approximately ½ mile west of Clairville Road and the current City limits. The property is located in the Zone D, City Expansion Area per the Cooperative Plan between the Town of Algoma and City of Oshkosh. The property is scheduled to be attached to the City on March 1, 2043. The property is primarily vacant and unfarmed except for a single-family residence and associated accessory structures. The current house was constructed in the early 2000s, replacing a typical farmstead built sometime in the early 1900s. The general area is predominantly used for agricultural purposes besides a scattering of rural single-family properties located along County Highway “K”. Algoma-Oshkosh Boundary Agreement Subject Site 2022 Aerial of Subject Site Subject Site Existing Land Use Zoning Single-Family Residence/Vacant General Agricultural Extraterritorial District (A-2 ETZ) Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Agricultural General Agricultural Extraterritorial District (A-2 ETZ) South Single-Family Residence/ Agricultural General Agricultural Extraterritorial District (A-2 ETZ) East Agricultural General Agricultural Extraterritorial District (A-2 ETZ) West Agricultural General Agricultural Extraterritorial District (A-2 ETZ) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light Density Residential ANALYSIS Zone Change This zone change to R-1 ETZ is to allow the owner to subdivide the property into two lots for an additional single-family development. The current A-2 ETZ District, meant for higher-intensity agricultural uses, does not permit new residential developments. The 2040 Comprehensive Plan does recommend light density residential uses for this area so the A-2 ETZ District is consistent with that recommendation. A draft Certified Survey Map (CSM) was submitted to the City showing the proposed land division. The new “L” shaped lot (LOT 2) takes a large area of wetlands north of the existing house as well as 425-foot-wide, approximately 12-acre swath of buildable land east of the house. Plans for the new house have not been submitted at this time. However, staff would caution not to develop the new lot in a way which it will permanently hamper future development of the remaining land. Draft Certified Survey Map Staff is supportive of the proposed rezone as the R-1 ETZ District and its allowable land uses meet the Light Density Residential use recommendations in the 2040 Comprehensive Plan designated for this area. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for an Extraterritorial Zoning Map amendment, staff recommends the Plan Commission make the following finding based on staff’s opinion of this request.  The proposed zone change request is harmonious, compatible and consistent with goals and recommendations set forth by the City’s 2040 Comprehensive Plan. Staff recommends approval of the zone change with the finding listed above. RECOMMENDATION/CONDITIONS The Extraterritorial Zoning Committee recommended approval of the requested zone change from the existing General Agricultural Extraterritorial (A-2 ETZ) District to Single-Family Residence Extraterritorial (R-1ETZ) for property located 4744 County Highway “K” in the Town of Algoma with findings on January 2, 2024. The following is the Extraterritorial Zoning Committee’s Discussion on the item. 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 site is on West 20th Avenue, approximately a quarter mile west of Clairville Road and the current City limits. The property is located in the Zone D, City Expansion Area per the Cooperative Plan between the Town of Algoma and City of Oshkosh. The property is scheduled to be attached to the City on March 1, 2043. The property is primarily vacant and undeveloped. There is a single-family structure and accessory structures located centrally on the parcel. The current house was constructed in the early 2000s, replacing a typical farmstead built sometime in the early 1900s. The general area is predominantly used for agricultural purposes besides a scattering of rural single- family properties located along 20th Avenue. This zone change is to allow the owner to subdivide the property into two lots for an additional single-family development. The current A-2 ETZ District, meant for higher-intensity agricultural uses, does not permit new residential developments. The 2040 Comprehensive Plan does recommend light density residential uses for this area so the A-2 ETZ District is consistent with that recommendation. A draft Certified Survey Map (CSM) was submitted to the City showing the proposed land division. The new “L” shaped lot (LOT 2) takes a large area of wetlands north of the existing house as well as 425-foot-wide, approximately 12-acre swath of buildable land east of the house. Plans for the new house have not been submitted at this time. However, staff would caution not to develop the new lot in a way which it will permanently hamper future development of the remaining land. Staff is supportive of the proposed rezone as the R-1 ETZ District and its allowable land uses meet the Light Density Residential use recommendations in the 2040 Comprehensive Plan designated for this area. Staff recommends approval of the zone change with the finding listed in the staff report. Mr. Lyons opened up public comment asking if the owner/applicant wanted to make any statements. He asked for any public comments. There being none, he closed public comments. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Heath. Mr. Rasmussen asked if there was any discussion on the motion. Motion carried 5-0 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 :January 23, 2024 SUB JEC T:SUB JEC T :Ord 24-41 Approve Zone Change from Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) to Institutional District (I) for the Property Located at 425 North Washburn Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting a zone change to Institutional District (I) for the subject property. The subject property consists a single lot that is 10.26 acres and is located north of Witzel Avenue on North Washburn Street. The site includes a 24,360 square foot office building and associated parking area that was previously used as an office for Oshkosh Corporation. The surrounding area consists of single and two- family uses to the west, and commercial uses to the north, east, and south. The applicant 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 supportive of the proposal. On September 5, 2023, Plan Commission reviewed a land use map amendment from Interstate Commercial to Community Facility, which Common Council subsequently approved on October 24, 2023. A N A L Y SI SANALYSIS The applicant is requesting a zone change to Institutional District (I) for the subject property. This request is intended to provide appropriate zoning for future indoor institutional use of the property. The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Community Facility for the subject site. For this reason, staff is supportive of the proposed rezoning of the subject site. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested zone change for the property located at 425 North Washburn Street with findings on January 2, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Ord 24-41 Zone Change - 425 N Washburn St 1/23/2024 24-41 ORDINANCE   SECOND READING     1/9/2024 24-15 ORDINANCE   FIRST READING                  PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED AT 425 NORTH WASHBURN STREET INITIATED BY : RIVER VALLEY CHURCH   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 property located at 425 North Washburn Street from Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I) for property located at 425 North Washburn Street, Parcel 1615060000. ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (SMU-PD) TO INSTITUTIONAL (I) DISTRICT FOR PROPERTY LOCATED AT 425 NORTH WASHBURN STREET. BEING ALL OF LOT 1, OUTLOT 1 AND OUTLOT 2 OF CERTIFIED SURVEY MAP NUMBER 5678, RECORDED AS DOCUMENT NUMBER 1345057, WINNEBAGO COUNTY REGISTER OF DEEDS AND ALL OF THE ADJACENT N. WASHBURN STREET RIGHT-OF-WAY, ALL LOCATED IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 21, 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 #24-41 APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED AT 425 NORTH WASHBURN STREET on January 23, 2024. This ordinance changes the zoning of the properties located at 425 North Washburn Street from Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED AT 425 NORTH WASHBURN STREET Plan Commission meeting of January 2, 2024. GENERAL INFORMATION Owner: 425 N Washburn LLC Applicant: River Valley Church Action(s) Requested: The applicant requests a zone change from the existing Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I) for the property located at 425 North Washburn 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 site consists a single lot that is 10.26 acres and is located north of Witzel Avenue on North Washburn Street. The site includes a 24,360 square foot office building, and associated parking area, that was previously used as an office for Oshkosh Corporation. The surrounding area consists of single and two-family uses to the west, and commercial uses to the north, east, and south. The 2040 Comprehensive Land Use Plan recommends Community Facility uses for the subject site. The applicant 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 supportive of the proposal. On September 5, 2023 Plan Commission reviewed, and Common Council subsequently approved, a land use map amendment from Interstate Commercial to Community Facility on October 24, 2023. Subject Site Existing Land Use Zoning Vacant Commercial Suburban Mixed Use with a Planned Development (SMU-PD) Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Commercial Suburban Mixed Use (SMU) South Commercial Suburban Mixed Use with a Planned Development (SMU-PD) East Commercial Suburban Mixed Use (SMU) West Multi-Family Residential Duplex Residential - 6 (DR-6) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Community Facility ANALYSIS Zone Change The applicant is requesting a zone change to Institutional District (I) for the subject property. This request is intended to provide appropriate zoning for future indoor institutional use of the property. The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Community Facility for the subject site. For this reason, staff is supportive of the proposed rezoning of the subject site. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (iii) 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 change with the findings listed above. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of the requested zone change from the existing Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I) for the property located at 425 North Washburn Street with findings on January 2, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Mr. Kiefer, Ms. Davey, Mr. Esslinger, Ms. Propp, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. Mr. Nielsen presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in the area. The subject site consists a single lot that is 10.26 acres and is located north of Witzel Avenue on North Washburn Street. The site includes a 24,360 square foot office building, and associated parking area, that was previously used as an office for Oshkosh Corporation. The surrounding area consists of single and two-family uses to the west, and commercial uses to the north, east, and south. The 2040 Comprehensive Land Use Plan recommends Community Facility uses for the subject site. The applicant 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 supportive of the proposal. On September 5, 2023 Plan Commission reviewed, and Common Council subsequently approved, a land use map amendment from Interstate Commercial to Community Facility on October 24, 2023. The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Community Facility for the subject site. For this reason, staff is supportive of the proposed rezoning of the subject site. Staff recommends approval of the zone change with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Loewenstein asked if the church outgrows the space in ten years and some other institution wants to come there, would they have to come back to Plan Commission to use that space. Mr. Lyons stated another institution could move in without having to come back to Plan Commission. If the building is not used for an institutional use for twelve consecutive months, then the CUP would expire. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Caleb Ihrig, 3550 Bambi Lane, sits on the board at River Valley Church. They were very encouraged by the unanimous Council vote in support of the plan amendment. This request now aligns with that. A church in Oshkosh cannot operate in anything other than something zoned Institutional. In some cities you are able to under a commercial zoning. In regards to any future commercial use of this property, it is a little bit of a challenge, due to the retention pond in the back. It is part of a three-hundred foot drainage easement, because the lot to the south is basically 99% impervious surface. Sawyer Creek runs through the subject property and is considered a navigable waterway, so the whole lot is considered shore land and has high water setbacks. There are also wetlands delineated in that valley. There is also a high-pressure gas line flowing through the backside of the parking lot with a fifty-foot easement. You can pave over it but you cannot build on top of it. There is another gas line easement along the backside too. The church would like to move in with the existing building, parking lot, and keep a lot of the existing green space in the back. They are looking forward to making it their home. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed public comments. There was no closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 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 :January 23, 2024 SUB JEC T:SUB JEC T :*Ord 24-42 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on Designated Streets and Alleys (Congress Avenue) (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND Currently, there is no parking on the north side of Congress Avenue from Jackson Street to 50 feet west of Jackson Street. This ordinance extends the no parking to 104 feet. With the new Vel Phillips School, some staff members are now parking on Congress Avenue and entering the building via the back entrance. Residents are reporting that the parked cars are creating a hazard near the intersection for two-way traffic. A N A L Y SI SANALYSIS I have observed the area and agree that vehicles need to be moved further from the intersection to increase sight distance and create additional room for turning vehicles. There is still plenty of parking in the area as we are only removing about 50 feet. Additionally, the school district has confirmed there is plenty of off-street parking available on the Vel Phillips campus. 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 approval (5-0) via roll call vote at the January 9, 2024, meeting. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance is removal of signage. The cost will be covered by the Sign Department's budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to parking regulations on designated streets and alleys. A t t a chment sAttachments Ord 24-42 01/23/2024 24-42 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (CONGRESS AVENUE) INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION: TRANSPORTATION COMMITTEE – APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS     WHEREAS, the Transportation Department recommends this no-parking amendment to increase clearance and vision near the intersection of Congress Avenue and Jackson Street. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 27A-11 pertaining to parking regulations on designated streets and alleys of the Oshkosh Municipal Code is hereby amended as follows: A-11      PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS Congress Avenue Delete Therefrom:    50 feet west of Jackson Street (old condition) Add Thereto:    No parking on Congress, north side, from Jackson Street to 104 feet west of Jackson Street.       SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.        SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance  #24-XX on February 13, 2024, AMEND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS).  The ordinance updates street parking regulations on Congress Avenue near the intersection with Jackson Street.    The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through the City’s website at www.ci.oshkosh.wi.us.  Clerk’s Phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :*Ord 24-43 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on Designated Streets and Alleys (Punhoqua Street) (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND These ordinances are from when Lakeshore Golf Course was in operation. A N A L Y SI SANALYSIS These ordinances are no longer relevant with the new 4-season building and redevelopment. 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 Approval (5-0) Via Roll-call Vote At The January 9, 2024 meeting. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance is removal of signage. The cost will be covered by the Sign Department's budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to parking regulations on designated streets and alleys. A t t a chment sAttachments Ord 24-43 01/23/2024 24-43 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (PUNHOQUA STREET) INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION: TRANSPORTATION COMMITTEE – APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS     WHEREAS, the Transportation Department recommends updating of parking restrictions in the area of Lakeshore Park due to new construction. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 27A-11 pertaining to parking regulations on designated streets and alleys of the Oshkosh Municipal Code is hereby amended as follows: A-11      PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS Punhoqua Street: Delete Therefrom:    90-degree angle parking, from its northerly terminus, southerly a distance of 770 feet. No parking, southwesterly side, form 770 feet east of its northly terminus to 790 feet north of rainbow drive.       SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.      SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance  #24-XX on February 13, 2024, AMEND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS).  The ordinance updates street parking regulations on Punhoqua Street.   The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through the City’s website at www.ci.oshkosh.wi.us.  Clerk’s Phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :*Ord 24-44 Amend Section 27a-2 of the Municipal Code Pertaining to Prohibited Right Turns at the Intersection of North Main St, Harrison Street, and New York Avenue (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND This intersection was reconstructed when North Main Street was reconstructed a few years ago. All right- hand turns are now prohibited. This action cleans up the ordinances to meet current conditions. A N A L Y SI SANALYSIS All right turns are currently prohibited at this intersection per the current configuration. At some point in the past, right turns were allowed from eastbound New York Avenue onto North Main Street. 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 approval (5-0) via roll-call vote at the January 9, 2024, meeting. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact of this action as the signage is already in place. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-2 of the Municipal Code pertaining to prohibited right turns. A t t a chment sAttachments Ord 24-44 01/23/2024 24-44 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27A-2 OF THE MUNICIPAL CODE PERTAINING TO PROHIBITED RIGHT TURNS AT THE INTERSECTION OF NORTH MAIN ST, HARRISON STREET, AND NEW YORK AVENUE INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION: TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-2 PROHIBITED RIGHT TURNS     WHEREAS, the Transportation Department recommends prohibited right hand turns on red at the intersection of North Main Street with Harrison Street and New York Avenue. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 27A-2 pertaining to prohibited right turns of the Oshkosh Municipal Code is hereby amended as follows: A-2    PROHIBITED RIGHT TURNS    Add Thereto:       Right hand turn prohibited on red at the        following intersections:        New York Avenue, North Main Street and    Harrison Intersection;  Delete Therefrom:    except for the right turn from eastbound New                                     York Avenue onto North Main Street       SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.     SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XX on February 13, 2024, ADD PROHIBITED RIGHT TURN (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-2 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PROHIBITED RIGHT TURNS.  The ordinance shall prohibit right turn on red at the intersections of New York Avenue with North Main Street and Harrison Street. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through the City’s website at www.ci.oshkosh.wi.us.  Clerk’s Phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mike Stanley, Fire Chief D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-45 Renewal of Agreement with the Emergency Medical Services Medical Director ($20,000.00) B A C KGRO UN DBACKGROUND In order to provide Emergency Medical Services, the Oshkosh Fire Department is compelled by Wisconsin statutes to contract with a physician to provide medical direction. A N A L Y SI SANALYSIS To ensure quality assurance, quality improvement, high-caliber continuing education, and the provision of exceptional care, the department needs to contract for medical direction. The department enjoys the benefit of having an outstanding medical director. This agreement would continue this relationship without interruption. FI SC A L I M P A CTFISCAL I M P A C T The Oshkosh Fire Department has budgeted for this expense in 2024 in account 0100-0230-6412 Contractual Services. REC O M M E N D A TI ONRECOMMENDATION The recommendation would be that Common Council approve this agreement so that there is no interruption of services and to continue this mutually beneficial relationship. A t t a chment sAttachments Res 24-45 EMS Medical Director Agreement Oshkosh Fire 02.01.24 01/23/2024 24-45 RESOLUTION                  PURPOSE: RENEWAL OF AGREEMENT WITH THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR ($20,000.00) INITIATED BY : OSHKOSH FIRE DEPARTMENT         WHEREAS, the Oshkosh Fire Department recommends a one year renewal of agreement with the Emergency Medical Services Medical Director. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with the Emergency Medical Services Medical Director in the amount of twenty thousand dollars ($20,000.00).  The proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Money for this purpose is hereby appropriated from:     Acct. No.    0100-0230-6412    Contractual Services     OSHKOSH FIRE DEPARTMENT – BAYCARE CLINIC, LLP EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR AGREEMENT This agreement shall be effective February 1, 2024. In consideration of the mutual benefits and promises described below, the parties, Oshkosh Fire Department (hereinafter the "SERVICE") and BayCare Clinic, LLP (hereinafter the "COMPANY"), hereby agree as follows: 1. SERVICE hereby engages COMPANY for Kerry Ahrens, M.D. (hereinafter the ''DIRECTOR"), to serve as its Medical Director for the purpose of guidance in SERVICE's provision of Emergency Medical Services to its residents and inhabitants. Director shall perform all acts and duties required in conformity with Wisconsin Statutes Chapter 256 and Wisconsin Administrative Code Chapter DHS 110. 2. This agreement shall commence on February 1, 2024, and continue for one (1) year (hereinafter the "Term"). The Term shall automatically renew at the end of each calendar year for successive one-year periods (“Renewal Term”). Either party may terminate this agreement for any reason with sixty (60) days' written notice to the other. This agreement may also be terminated by either party immediately following thirty (30) days written notice to the other in the event of a breach and failure of the breaching party to cure said breach within the thirty (30) day notice period. 3. This agreement supersedes all prior agreements and amendments related to the subject matter herein entered into between COMPANY and SERVICE, verbal or written. 4. In addition to the requirements set forth in the aforementioned statutory and administrative code sections, DIRECTOR shall perform the following duties: a) Provide medical direction to SERVICE in all matters relating to Emergency Medical Services (hereinafter "EMS"). b) Coordinate EMS between SERVICE, participating hospitals and hospital staff, including receiving emergency department physicians in SERVICE's EMS system, state and local governmental agencies, and other necessary entity. c) Provide SERVICE with quality assurance initiatives, to include, without limitation, periodic reviews of SERVICE's EMS responses, critique, and commentary of same in a timely fashion and any other feedback necessary for the purpose of maintaining a medically acceptable level of EMS care. 5. In addition to meeting all requirements set forth in the aforementioned statutory and administrative code sections, SERVICE shall perform the following duties: a) Comply with all state and local EMS protocols. b) Abide by all orders, regulations, restrictions, and protocols of DIRECTOR or his designees. 6. DIRECTOR shall provide approximately seventy-five (75) to one hundred twenty (120) hours of service annually. In exchange for the services rendered by DIRECTOR the SERVICE agrees to make an annual payment of Twenty Thousand Dollars ($20,000) during each term of this Agreement. COMPANY shall invoice SERVICE for the annual payment which is due on February 1st of each year. 7. SERVICE and DIRECTOR shall maintain their own separate policies of professional liability insurance, and neither shall be required to consider or list the other as an "additional insured" on such policies. 8. SERVICE explicitly agrees to hold harmless, indemnify, and defend DIRECTOR, from and against any claims alleging negligence or other wrongdoing, in whole or in part, by SERVICE. 9. DIRECTOR explicitly agrees to hold harmless, indemnify, and defend SERVICE from and against any claims alleging negligence or other wrongdoing solely on the part of DIRECTOR. 10. The parties are independent contractors. No party is authorized or permitted to act as an agent or employee of any other. Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, partnership, or joint venture relationship or to allow any party to exercise control or direction over the manner or method by which any party provides services to patients. All services shall be performed in accordance with all applicable medical standards and the terms and conditions of this Agreement. 11. Nothing in this agreement is intended as a waiver of the City of Oshkosh's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited to, Wisconsin Statutes Sections 345.05, 893.80, and 893.83. Such damage limits, caps, and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. 12. This Agreement constitutes the entire agreement among the parties. No change to the terms of this Agreement will be effective or enforceable unless such change shall be in writing and signed by the parties hereto. BAYCARE CLINIC, LLP Ashwani Bhatia, M.D., Chief Executive Officer Date KERRY AHRENS, M.D. Kerry Ahrens, M.D. Date OSHKOSH FIRE DEPARTMENT Signature Print Name Date 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-46 Appropriate ARPA Funds for Specific 2024 Infrastructure Projects B A C KGRO UN DBACKGROUND Attached is a resolution to appropriate additional ARPA Funds for specific projects. As part of the 2024 Proposed Budget, the City Council appropriated $5,133,200 for ARPA Projects. The attached resolution would appropriate an additional $595,000. The request is to increase the funding for the Design of the Fire Training Center by an additional $295,000, for a total of $450,000, to increase the funding for the Pratt Trail Archaeological Trail by an additional $200,000, for a total of $400,000, and to add $50,000 for Public Works Facility Enhancements and $50,000 for Quarry Park Landfill Mitigation. FI SC A L I M P A CTFISCAL I M P A C T The requested appropriation at this time totals $595,000. Based on the ARPA Award of $20,514,484 and Resolution No. 21-498, which directed 75% of ARPA expenditures for City Infrastructure, the remaining ARPA balance for City Infrastructure projects would be $1,724,913. The remaining funds should be appropriated by early spring in 2024. ARPA projects must be identified and committed by December 31, 2024. Please contact me if you have any additional questions. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council approve the attached Resolution. A t t a chment sAttachments Res 24-46 Revised ARPA List 1/23/2024 24-46 RESOLUTION                  PURPOSE: APPROPRIATE ARPA FUNDS FOR SPECIFIC 2024 INFRASTRUCTURE PROJECTS INITIATED BY : CITY ADMINISTRATION         WHEREAS, the City of Oshkosh was awarded $20,514,484 in ARPA (American Rescue Plan Act of 2021) Funds; and     WHEREAS, on May 20, 2021 the City received and deposited 50% of the award in the amount of $10,257,242 into a Special Revenue Fund, Fund Number 0224, ARPA Special Revenue; and     WHEREAS, on June 7, 2022 the City received and deposited the remaining 50% of the award in the amount of $10,257,242 into a Special Revenue Fund, Fund Number 0224, ARPA Special Revenue; and     WHEREAS, the City Council adopted Resolution Number 21-498, “Creating Parameters for Usage of American Rescue Plan (ARPA) Funds; and     WHEREAS, Resolution 21-498 states that 75% of the ARPA Funds should be utilized for City infrastructure projects; and     WHEREAS, Resolution 21-583 appropriated $4,023,050; and     WHEREAS, Resolution 22-478 appropriated $3,969,900; and     WHEREAS, Resolution 23-573 appropriated $5,133,200 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh funding from ARPA funds received by the City of Oshkosh be appropriated by increasing the funding for the Design of the Fire Training Center by $295,000 (for a total of $450,000), by increasing the funding for the Pratt Trail Archeological Study by $200,000 (for a total of $400,000), by adding $50,000 for Public Works Facility Efficiency Enhancements, and adding $50,000 for the Quarry Park Landfill Mitigation.   Remaining Balance $11,311,913 2023 Projects Badger Books $132,100 Install Fiber from Station 15 to Leach $40,300 Install Fiber from Parks to Sawyer $76,600 Install Fiber from Sawyer to Pollock $87,500 Fire Dept Hose $8,500 Fire Apparatus Floor $60,000 Fire Dept Turnout Gear $80,000 Fire Dept Generator $70,000 Fire Dept Station Renovations $50,000 Fire Dept Garage Door Safety Eyes $12,500 Police Dept Mobile Force / Crisis Negotiator Veh $350,000 Barrier System $100,000 Concrete Repairs $175,000 Westhaven Signals $200,000 Sawdust District Utilities $260,000 Museum Signage $75,000 Museum Masonry Overhaul $350,000 Museum Loading Doors $200,000 Museum General Purpose Room $150,000 Museum Security System $20,000 Pickart Park Development $350,000 Westhaven Tennis Courts $120,000 Asphalt Pavement Prevention Prog $250,000 Network Switches $10,000 Fiber to Station 15 with County $214,000 Business / Bartender License $24,000 Cemetery Road Paving $25,000 PD Taser Replace $45,000 GOH Plumbing Improv $15,000 OM Replace 404/406 Video Equip $75,000 PD Tue Narc System $35,000 OM Control Room Editor $7,700 Police UFED Analyzer $7,200 HPE servers $15,500 Election Shields $10,000 3rd Ave Storeage $134,000 Badger Books Storage/Elections $24,000 Subtotal $3,858,900 $7,453,013 2024 Projects For Consideration Fire Dept Generators (2 plus additional)$775,000 Pratt Trail Archaelogical Study $400,000 Data Center Switch Replacement $94,900 Fire Dept Station Renovations $55,000 Fire Dept Hose $18,000 Fire Dept Mattressess $21,100 Senior Center Siding & Doors $200,000 44th Parallel Ply Equip & Surfacing $300,000 Fire Dept Cardiac Monitors & AEDs $1,092,500 Tough Books $67,600 Thermal cameras $70,000 Grand Entrance Windows & Doors $0 Zoo Bear Exhibit $400,000 Grand Building Renovation design $473,000 Design Fire Training Center $450,000 Asphalt Pavement Prevention Prog $250,000 Museum Sawyer House Windows $175,000 Police CCOV Equipment $100,000 Police take home vehicles $286,000 Police Evidence Center $55,000 Fire Replace Air Bags $20,000 Fire Security Cameras $67,000 Fire Pressure Washers $8,100 Public Works Facility Efficiency Enhancements $50,000 Quary Park Landfill Mitigation $50,000 Reduce 2024 Levy ADA Improvement $100,000 Concrete Repairs $150,000 Subtotal $5,728,200 $1,724,813 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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-47 Approve Conditional Use Permit for an Institutional Use at 425 North Washburn Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant is requesting Conditional Use Permit (CUP) approval for an indoor institutional use at 425 North Washburn Street. The subject site consists of a single lot that is 10.26 acres and is located north of Witzel Avenue on North Washburn Street. The site includes a 24,360-square-foot office building and an associated parking area that was previously used as an office for Oshkosh Corporation. The surrounding area consists of single and two-family uses to the west, and commercial uses to the north, east, and south. A N A L Y SI SANALYSIS The applicant is requesting approval for a CUP on the site to convert the existing office building to a church. According to the applicant, the building footprint will remain as is and will be sufficient for their proposed use. No additional structures are planned at this time. A Plan Commission workshop was held on June 20, 2023 with Plan Commission supportive of the proposal. On September 5, 2023, Plan Commission reviewed and approved a land use map amendment from Interstate Commercial to Community Facility; Common Council subsequently approved this on October 24, 2023. A zone change from Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I) is scheduled to be considered for approval on January 23, 2024. Staff is in support of the Conditional Use Permit (CUP) for the indoor institutional use as the conversion of the site to a church should not have an adverse impact on neighboring properties due to the relatively infrequent use of the property along with the majority of users being onsite during Sunday mornings. According to the applicant, Sunday morning attendance is currently around 700 people over three services. The applicant plans to break this into two services at this new location, meaning approximately 350+ people during each of two services, as well as five to ten staff members. The church plans to have five full-time staff and five part-time staff to assist with additional events that are hosted throughout the week. These events typically generate 10 to 50 people, depending on the event. The existing parking area provides a total of 250+ parking stalls, which will be sufficient for the expected number of employees and visitors at any given time. The Inspections Services Department noted that, if applicable, building, HVAC, Plumbing, Fire Alarm & Fire Suppression plans will be required to be submitted prior to permit issuance. FI SC A L I M P A CTFISCAL I M P A C T Approval of this project would not result in an increase in the assessed property value as the property will likely be converted from taxable to tax exempt. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit for an Institutional Use at 425 North Washburn Street with findings on January 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-47 CUP - 425 N Washburn St 1/23/2024 24-47 RESOLUTION                  PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AN INSTITUTIONAL USE AT 425 NORTH WASHBURN STREET INITIATED BY : RIVER VALLEY CHURCH   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings         WHEREAS, the Plan Commission finds that the Conditional Use Permit for an institutional use at 505 North Westfield Street, is consistent with the criteria established in Sections 30-50(C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for an institutional use at 425 North Washburn Street, per the attached, is hereby approved, with the following findings:  Is in harmony with the Comprehensive Plan. 1. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting public health, safety, or general welfare.  2. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.  3. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property.  4. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts.  5.   ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR AN INDOOR INSTIUTIONAL USE (CHURCH) FOR THE PROPERTY LOCATED AT 425 NORTH WASHBURN STREET Plan Commission meeting of January 2, 2024. GENERAL INFORMATION Owner: 425 N Washburn LLC Applicant: River Valley Church Action(s) Requested: The applicant is requesting Conditional Use Permit approval for an indoor institutional use at 425 North Washburn Steet. Applicable Ordinance Provisions: Indoor Institutional uses are permitted only through a Conditional Use Permit (CUP) in the Institutional District (I) as regulated in Section 30-50(C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site consists a single lot that is 10.26 acres and is located north of Witzel Avenue on North Washburn Street. The site includes a 24,360 square foot office building, and associated parking area, that was previously used as an office for Oshkosh Corporation. The surrounding area consists of single and two-family uses to the west, and commercial uses to the north, east, and south. Subject Site Existing Land Use Zoning Vacant Commercial Suburban Mixed Use with a Planned Development (SMU-PD) Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Commercial Suburban Mixed Use (SMU) South Commercial Suburban Mixed Use with a Planned Development (SMU-PD) East Commercial Suburban Mixed Use (SMU) West Multi-Family Residential Duplex Residential - 6 (DR-6) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Community Facility ANALYSIS Use The applicant is requesting approval for a Conditional Use Permit on the site to convert the existing office building to a church. According to the applicant, the building footprint will remain as is and will be sufficient for their proposed use. No additional structures are planned at this time. A Plan Commission workshop was held on June 20, 2023 with Plan Commission supportive of the proposal. On September 5, 2023 Plan Commission reviewed and approved a land use map amendment from Interstate Commercial to Community Facility; and Common Council subsequently approved of this on October 24, 2023. A zone change from Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I) was requested in Item IIA of this meeting. Aerial view of subject property Staff is in support of the Conditional Use Permit (CUP) for the indoor institutional use as the conversion of the site to a church should not have an adverse impact on neighboring properties due to the relatively infrequent use of the property along with the majority of users being onsite during Sunday mornings. According to the applicant, Sunday morning attendance is currently around 700 people over three services. The applicant plans to break this into two services at this new location, meaning approximately ~350+ people during each of two services, as well as five to ten staff members. The church plans to have five full-time staff and five part-time staff to assist with additional events that are hosted throughout the week. These events typically generate 10 to 50 people depending on the event. The existing parking area provides a total of 250+ parking stalls, which will be sufficient for the expected number of employees and visitors at any given time. The Inspections Services Department noted that, if applicable, building, HVAC, Plumbing, Fire Alarm & Fire Suppression plans will be required to be submitted prior to permit issuance. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for an indoor institutional use at 425 North Washburn Street with the findings listed above. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval for a Conditional Use Permit to convert the site from an existing office building to a church for the property located at 425 North Washburn Street with findings on January 2, 2024. The following is Plan Commission’s Discussion on the item. Site Inspections Report: Mr. Kiefer, Ms. Davey, Mr. Esslinger, Ms. Propp, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. Mr. Nielsen presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in the area. Indoor institutional uses are permitted only through a Conditional Use Permit in the Institutional District. The applicant is requesting approval for a Conditional Use Permit to convert the site from an existing office building to a church. According to the applicant, the building footprint will remain as is and will be sufficient for their proposed use. No additional structures are planned at this time. A zone change from Suburban Mixed Use with a Planned Development Overlay (SMU-PD) to Institutional (I) was requested in Item IIA of this meeting. Staff is in support of the Conditional Use Permit (CUP) for the indoor institutional use as the conversion of the site to a church should not have an adverse impact on neighboring properties due to the relatively infrequent use of the property along with the majority of users being onsite during Sunday mornings. The Inspections Services Department noted that, if applicable, building, HVAC, Plumbing, Fire Alarm & Fire Suppression plans will be required to be submitted prior to permit issuance. Staff recommends approval of the proposed Conditional Use Permit for an indoor institutional use at 425 North Washburn Street with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Loewenstein asked if the church outgrows the space in ten years and some other institution wants to come there, would they have to come back to Plan Commission to use that space. Mr. Lyons stated another institution could move in without having to come back to Plan Commission. If the building is not used for an institutional use for twelve consecutive months, then the CUP would expire. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Caleb Ihrig, 3550 Bambi Lane, sits on the board at River Valley Church. They were very encouraged by the unanimous Council vote in support of the plan amendment. This request now aligns with that. A church in Oshkosh cannot operate in anything other than something zoned Institutional. In some cities you are able to under a commercial zoning. In regards to any future commercial use of this property, it is a little bit of a challenge, due to the retention pond in the back. It is part of a three-hundred foot drainage easement, because the lot to the south is basically 99% impervious surface. Sawyer Creek runs through the subject property and is considered a navigable waterway, so the whole lot is considered shore land and has high water setbacks. There are also wetlands delineated in that valley. There is also a high-pressure gas line flowing through the backside of the parking lot with a fifty-foot easement. You can pave over it but you cannot build on top of it. There is another gas line easement along the backside too. The church would like to move in with the existing building, parking lot, and keep a lot of the existing green space in the back. They are looking forward to making it their home. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed public comments. There was no closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 Oshkosh City of Oshkosh Application Conditional Use Permit **PLEASE TYPE OR PRINT USING BLACK INK** SUBMIT TO: Dept, of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 Room 204 PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us APPLICANT INFORMATION Petitioner: R\\)a)Wy (LWatylVn__________________________________________Date: Petitioner's Address: 13^1 k\)fi _____________City: State: UlX Zip: SV9Q ) Telephone #: (920)_3?q- foSlfoT- Email:^Contact preference: □ Phone Email Status of Petitioner (Please Check): □ Owner □ Representative □ Tenant X Prospective Buyer Telephone #: ( )______________ Email:___________________ Contact preference: □ Phone □ Email Ownership Status (Please Check): □ Individual □ Trust □ Partnership □ Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: ____________________________________________________________Date:___________ SITE INFORMATION Address/Location of Proposed Project: _ MZS iO. UJb^Kbum ^ ________________________ Proposed Project Type: RfM^cxAe. ^_______________________________________________________________ Estimated Cost: ^ » S' /A________________’_____________________________________________________ Current Use of Property: _______________________________________________Zoning: CM^ Land Uses Surrounding Your Site: North: __________________________________________________ South: S M ~ East: p~ M> __________________ West: v Ag vvV i o\ **Please note that a meeting notice will be mailed to all abutting property owners regarding your request. > It Is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. > Application fees are due at time of submittal. Make check payable to City of Oshkosh. > Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City’s website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/ Sign______Staff_______Date Rec'd 425 N WASHBURN LLC CHRISTOPHER POMMERENING MBR 461N WASHBURN ST OSHKOSH, WI 54904 920- 539-5551 hwy41oshkosh4biz@gmail.com xx 11/16/2023 LLC 11/16/2023 Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. AM) "VWe surrcuj^vw^ lc>Lis\ir\esseS See. ^ ^ s 4j ■ 2. Pedestrian and vehicular circulation and safety. Cc>+^f*\ejvV (X^ovC. Tcxx^ ^t^£Lc^S 4o b^4-U. 2.) «*- Cc#\+\erc\G\ Cc>ort<Ac>rS. 3. Noise, air, water, or other forms of environmental pollution. Auui^4or\o^\ bujlcitA^ toiU b£_ Uifi.ll - iA.5u.W4€jc^ '^c,v^ K^o ^Xourv-jS 4o ock^ p&rlei-iy^ Lr^tc^s ( 4 The demand for and availability of public services and facilities. K-ic»•C- 5. Character and future development of the area. lOo CWv^e.. SVruuiA-tAre. SUBMITTAL REQUIREMENTS - Must accompany the application to be complete. (Submit only digital files. If file size exceeds 10 mb, please send through a file transfer. Please note at the discretion of Community Development staff may request a hard copy) > A narrative of the proposed conditional use and project including: □ Proposed use of the property □ Existing use of the property □ Identification of structures on the property and discussion of their relation to the project □ Projected number of residents, employees, and/or daily customers □ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre □ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. □ Surrounding land uses □ Compatibility of the proposed use with adjacent and other properties in the area. □ Traffic generation □ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties > A complete site plan including: □ Digital plans and drawings of the project □ Title block that provides all contact information for the petitioner and/or owner, if different □ Full name and contact information of petitioner’s engineers/surveyors/architects, or other design professionals used in the plan preparation □ The date of the original plan and latest date of revision to the plan □ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 ”=60’) unless otherwise approved by the Department of Community Development prior to submittal □ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled □ All required and proposed building setbacks and offset lines □ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls □ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction □ Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning Ordinance □ Location and dimension of all loading and service areas on the subject property □ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometries plan □ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators 2 > A complete landscaping plan including (If deemed necessary by Planning Services): □ The location, species, and installation size of plantings. □ A table summarizing all proposed species and required and provided landscaping points for all applicable landscaping components: building foundation, paved areas, street frontages, yards, bufferyards. > Architectural plan including a percentage breakdown of exterior materials applied to each building fagade (if deemed necessary by Planning Services). > Any other necessary information as determined during pre-submittal meeting with City staff. Planning Staff may waive certain requirements if deemed not applicable to the project review. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant's Signature (required):______________________________ Date: [\ 2oZ ^ 3 Narrative 425 N Washburn Proposed Use RiverValley Church was founded in Oshkosh in 1950, and has been located at 1331 High Ave since 1953. Due to significant growth over the past few years, we are looking to relocate into a larger facility. 425 Washburn presents the ideal opportunity for our new home - a well-lit 250+ parking lot, a large clear-span building, and significant green space. Our intent is to remodel the existing building for our purposes (auditorium, kids classrooms, etc) and move into the facility by the end of 2024. Existing Use The property was originally developed in 2002 as a car dealership (Pommerening Automotive). For the past 13 years it has been leased by Oshkosh Defense as office space. Earlier this year Oshkosh Defense left the property. The property has been vacant for the past ~6 months. Existing Structures The only building on the property is a 120’ x 200’ clear-span metal frame building. Our intent would be to complete interior remodeling and minimal exterior remodeling (relocation of main entrance, portico) of existing structure. Projected Employees/Customers RiverValley Church currently employees 5 full-time staff, and 5 part-time staff. Sunday morning attendance currently averages ~700+ across 3 services. A larger facility would allow us to condense into 2 services. Additional events are hosted throughout the week, including Jr High Youth Group on Wednesday nights (~30 kids) , Sr High Youth Group on Sunday night (~50 kids). , various small group adult studies (10-15 adults), and a monthly free meal open to the public (~50 people). Proposed Area (Floor, Landscape, Parking) The current application (CUP & Rezoning) requests no alterations to the existing property. Lot Size: 10.28 acres Existing Building = 12’ x 220’ = ~0.55 acres Existing Parking Lot = ~2.80 acres Mowed/Landscaped Area = 5.05 acres Un-mowed / Natural Area = 1.88 acres Effects on Adjoining Properties Minimal impact on adjoining properties. Highest traffic during Sunday morning services (8am - noon). Surrounding Land Uses North - Primarily green space and storage, with small strip mall along frontage road East - Frontage Road (Washburn Ave) and Hwy 41 South - Bergstrom Car Dealership West - Residential Compatibility of the Proposed Use with Area Request to rezone from existing (SMU-PD) to Institutional (I-PD) is compatible with the recently amended Comprehensive Plan. Traffic Generation Period of greatest traffic would be Sunday mornings (8am - noon), when surrounding commercial properties receive minimal/reduced traffic. All traffic would enter/exit from Washburn Ave. ZONE CHANGE & CUP 425 N WASHBURN ST PC: 1-2-2024 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 CHEV CADI OSH 150 N GREEN BAY RD NEENAH WI 54956 CREEK VIEW PLAZA II LLC PO BOX 161 ALMA WI 54610 THE VERSTEGENS 1364 COUNTY ROAD I OSHKOSH WI 54902 APRIL SPIELBAUER 370 WESTBROOK DR OSHKOSH WI 54904 PETER J FAUST 1229 NATURE TRAIL DR NEENAH WI 54956 525 N WASHBURN LLC PO BOX 161 ALMA WI 54610 L I N WAY C T WESTBROOK DR N W A S HBURN S T !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/15/2023 1 in = 220 ft 1 in = 0.04 mi¯425 N WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer WW EESSTTPPOOIINNTTEE DDRR MONTICELLO MONTICELLO DR DR LL IINN WW AA YYCCTT L I N WAY C TLINWAY C T SULLIVAN ST LOMBARD AV TAFT AVPATRIOT LA ROBIN AV L A K E S I D E C T FALL CREEK LA SOUTHLAND AV SKYVIEW AVLAK E P O I N T E D R WIN DIN GBROOK DR WESTB R O O K D R ASPIRE LA WITZEL AVWITZELAVWITZEL AV W I T Z E L AV N KOELLER ST N W A S H B U R N S T N WASHBURN ST !"#$41 !"#$41 DR-6DR-6 DR-6 DR-6-PD DR-6-PD I I I-PD MR-12 MR-12 MR-12-PD MR-12-PD MR-20 NMU-PD SMU SMU SMU SMU-PD SMU-PD SMU-PDSMU-PD SR-3 SR-5 SR-5 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/15/2023 1 in = 500 ft 1 in = 0.09 mi¯425 N WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer L I N WAY C T WESTBROOK DR N W A S HBURN S T !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/15/2023 1 in = 220 ft 1 in = 0.04 mi¯425 N WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-48 Approve Blight Designation and Land Acquisition for Property Located at 1203 Oshkosh Avenue (Redevelopment Authority Recommends Approval) B A C KGRO UN DBACKGROUND 1203 Oshkosh Avenue is a vacant home on the southwest corner of Oshkosh Avenue and Sawyer Street. The Redevelopment Authority has acquired multiple properties along Oshkosh Avenue in preparation for the reconstruction and realignment of the Sawyer Street and Oshkosh Avenue intersection. The subject property is on the south side of Oshkosh Avenue but will also provide additional needed right of way for the reconstruction project as the RDA parcels on the north side do as well. The property also has various code violations that have not been corrected to date. A N A L Y SI SANALYSIS The City has been in contact with the various owners of this property through the years due to the code violations on the home, but has received minimal compliance. The property was part of a Winnebago County Sherriff's sale in 2023 and was purchased. The current owner had tenants for a short time, but now the building is vacant. Unfortunately, none of the code violations have been corrected, and the home continues to deteriorate. Public Works and Transportation staff indicated that it would be beneficial to acquire the property so that they could properly design the intersection reconstruction and realignment. Adding additional right of way for that project and removing an eyesore on the corridor will be beneficial to the city. FI SC A L I M P A CTFISCAL I M P A C T Funding for the proposed $85,000 acquisition plus closing costs will be allocated from Community Development Block Grant Account No. 0303-0740. REC O M M E N D A TI ONRECOMMENDATION The Redevelopment Authority recommended approval of the spot blight designation and acquisition on January 17, 2024. A t t a chment sAttachments Res 24-48 1/23/2024 24-48 RESOLUTION                  PURPOSE: APPROVE BLIGHT DESIGNATION AND LAND ACQUISITION FOR PROPERTY LOCATED AT 1203 OSHKOSH AVENUE INITIATED BY : COMMUNITY DEVELOPMENT   REDEVELOPMENT AUTHORITY RECOMMENDATION: Approved         WHEREAS, the Redevelopment Authority of the City of Oshkosh was created to assist in the elimination and prevention of blight and blighting influences and to promote urban renewal; and     WHEREAS, per Section 66.1333, Wisconsin Statutes, the Redevelopment Authority may spot blight and acquire blighted property without designating a boundary or adopting a redevelopment plan; and      WHEREAS, the property owner has approved an offer to purchase the property at 1203 Oshkosh Avenue to the Redevelopment Authority and said property is not within a designated redevelopment area; and     WHEREAS, the Redevelopment Authority conducted a public hearing and approved a determination that the property at 1203 Oshkosh Avenue is blighted and in need of rehabilitation and blight elimination; and  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the property 1203 Oshkosh Avenue is hereby declared blighted pursuant to the provisions of Section 66.1333, Wisconsin Statutes. BE IT FURTHER RESOLVED that the proper Redevelopment Authority and city officials are authorized and directed to acquire said property for $85,000 plus closing costs and execute any and all documents necessary to consummate this transaction. Money for this purpose is hereby appropriated from the following account: 0303-0740     Community Development Block Grant   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 :January 23, 2024 SUB JEC T:SUB JEC T :Res 24-49 Approve Professional Services Agreement from Short Elliott Hendrickson Inc. for Architectural Services for Fire Training Center for Oshkosh Fire Department ($436,703.00) B A C KGRO UN DBACKGROUND The 2021 Facilities Condition Assessment Report evaluated the city's municipal facilities to provide an overview of each facility's current condition and consider any recommendations for future renovation or replacement. The report considered each facility's existing condition summaries, their key issues, deficits or gaps, and estimated costs for renovation/replacement. This assessment data was then used to establish a ranking system to identify potential priorities for short- and long-term facility improvements. In concert with this report and ranking priorities, the Common Council allocated $3.5 million in the 2024 CIP and $3.5 million in the 2025 CIP to renovate the former Sawyer Storage facility into a new Fire Training Center for the Fire Department. The project's preliminary functional highlights will include renovating the existing +/- 10,000 sq. ft. Sawyer Storage facility to encompass three interior truck bays, a large 1,000 sq. ft. training room to act as the city's primary emergency operations center, tactical training and equipment rooms, locker/shower facilities, and more. A N A L Y SI SANALYSIS Purchasing, Facilities Maintenance, and Fire Department staff considered proposals from several architectural firms for the design scope of this project. It was the consensus of staff that the proposal from Short Elliott Hendrickson (SEH) Inc. was the best fit for the specific needs of this facility. SEH has a strong history of designing fire training centers, fire stations, fire towers, and other emergency services facilities for various municipalities throughout the state. Additionally, SEH also conducted the recent space needs assessment for the Oshkosh Fire Department Fire Stations and has a strong understanding of the department's facilities, equipment, and training needs for this Fire Training Center. In consideration of these factors, staff recommends SEH be engaged to provide the architectural and construction management services for the Fire Training Center renovation project. FI SC A L I M P A CTFISCAL I M P A C T Staff originally estimated that $200,000 would have been provided with ARPA funds for these services. Now that we have a firm proposal from SEH, staff are recommending that the total design costs associated with this project be funded with ARPA funds. SEH proposed a fee of $436,703.00 to provide design services, bid documents, and oversee construction management for this project. Costs for these services will be charged to A/N#: 02240130 7214 15432 (Design Fire Training Center). REC O M M E N D A TI ONRECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including these services, may be procured without the use of competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Short Elliott Hendrickson Inc., 425 West Water Street, Suite 300, Appleton, WI 54911-6058 for architectural and engineering services for the Fire Training Center renovation for $436,703.00. If you have any questions about this purchase, please contact Fire Chief Mike Stanley or me. A t t a chment sAttachments Res 24-49 01/23/2024 24-49 RESOLUTION                  PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT FROM SHORT, ELLIOTT HENDRICKSON INC. FOR ARCHITECTURAL SERVICES FOR FIRE TRAINING CENTER FOR OSHKOSH FIRE DEPARTMENT ($436,703.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council approved the allocation of $3.5M in the 2024 CIP and $3.5M in the 2025 CIP to renovate the former Sawyer Storage facility into a new Fire Training Center for the Fire Department; and     WHEREAS, Short Elliott Hendrickson Inc. has a strong history of designing fire training centers, fire stations, fire towers and other emergency services facilities for various municipalities throughout the state; and     WHEREAS, Section 12-16 of our Municipal Code allows for the waiving of formal competitive bidding for specialized professional services such as architectural services. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Short Elliott Hendrickson Inc. for Architectural Services for Fire Training Center for Oshkosh Fire Department in the amount of four hundred thirty-six thousand seven hundred three dollars ($436,703.00). Acct. No.     02240130 7214 15432    Design Fire Training Center     SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :January 23, 2024 Council D is cus s ion a nd D ir e c t ion t o St a ffCouncil D is cus s io n a nd D ir e c t ion t o St a ff A. Council Discussion Regarding Mayor Selection Process (Mugerauer) B. Status of Available Combination "Class B" Licenses A t t a chment sAttachments A. Memo re Change from Elected Mayor to Council-Selected President B. Status of Available Combination "Class B" Licenses TO: Members of the Oshkosh Common Council FROM: Matt Mugerauer, Mayor – City of Oshkosh DATE: January 18, 2024 SUBJECT: Changing from elected Mayor to council selected President BACKGROUND: Since 1956, the City of Oshkosh has operated under a City Manager form of government as a Chapter 64 municipality. This chapter of the Wisconsin State Statutes describes the major responsibilities of the manager and the council. It makes no reference to a mayor, noting the president of the council is the highest elected official. Of the Chapter 64 Council Manager cities in the State of Wisconsin, Oshkosh is the only community with an at large elected Mayor. This includes communities such as Fond du Lac, Janesville and Beloit that all have a Council Manager form of government with self-selected council presidents. CURRENT PROCESS: • Mayor is nominated and elected from the city at large, serving a two-year term. Elected in the odd years, most recently 2023. • Six council members are nominated and elected from the city at large, serving two-year terms. Three elected in the even years, three elected in the odd years. WHY CHANGE: As stated previously, Oshkosh is unique, we are the only Chapter 64 municipality with an elected mayor. Uniqueness can have its advantages, however in this case the disadvantages outweigh the advantages. Significant confusion exists within the community, region and state regarding the Mayor of Oshkosh, specifically who is the chief executive of Oshkosh. A significant portion of our population believes the Mayor of Oshkosh is the chief executive. A dangerous assumption if that perception is allowed to continue. Examples: • State officials reaching out to the Mayor instead of City Manager’s Office, for matters that require the chief executive to be informed and for decisions to be made. • Confusion regarding who is responsible for media contacts. • Questions as to who speaks for the City of Oshkosh. • Questions of who can negotiate on behalf of the City of Oshkosh. • Potential for lack of clarity between Executive (City Manager) functions and Legislative (Council) functions within the organization. • Electors believing the person they are voting for will be the chief executive. As noted in the January 2024 League of Wisconsin Municipalities The Municipality, Policymaking vs. Administration ….” Councilmembers and board members make policies and set budgets, and then it is up to the mayors (in cities with mayor-council form of government), city managers (in cities with council-manager form of government), and administrators (in cities and villages with an administrator) to implement those policies and budgets. Learning the difference between the two key functions – policymaking and administration – and respecting the boundaries between them is critical to a well-run government.” SUGGESTED NEW PROCESS: • Seven council members who are nominated and elected from the city at large, serving two-year terms. Three elected in even years, four elected in the odd years. • Effective the April 2025 Spring General Election four council members would be elected, serving two-year terms. • At the Common Council’s annual reorganizational meeting held on the third Tuesday in April, a Council President and Council Vice President shall be selected by a majority vote of the council members. Allowing the council to choose the best leader among them. • All references to Mayor and Deputy Mayor within City Municipal Code shall be changed to Council President and Vice President respectively. • No change in powers or responsibilities. • To encourage and allow other members to become better leaders, a member elected as President should serve no more than two consecutive years. • As is current practice, when the Mayor is temporarily unavailable or unable to exercise their duties the Deputy Mayor serves as acting Mayor, the same shall apply for Council President and Vice President. • Can be enacted with an ordinance update from the Common Council, effective the end of the current Mayoral term. I find it important to note the Oshkosh Area School District Board of Education and Winnebago County Board of Supervisors use a very similar process to choose their respective leaders. Moving away from an elected Mayor to a council selected President will provide better alignment with our peers, will provide for less confusion and an overall more efficient local government, allowing us to better serve those we represent. SUPPORTING MATERIAL: City of Fond du Lac Supplemental Meeting Rules for City Council, City of Fond du Lac 2022 -2023 https://www.fdl.wi.gov/city-council/wp-content/uploads/sites/6/2022/05/2022-2023-Supplemental- Meeting-Rules-for-City-Council.pdf Wisconsin State Legislature, Subchapter 1, City Manager Plan https://docs.legis.wisconsin.gov/statutes/statutes/64 Wisconsin City/County Management Association, Types of Local Government https://www.wcma-wi.org/140/Options-Available League of Wisconsin Municipalities, The Municipality, January 2024 https://lwm-info.org/DocumentCenter/View/6788/January-2024-Magazine-Fresh-Starts-and-Setting- Priorities-V3?bidId= TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: January 18, 2024 RE: Status of Available Combination “Class B” Licenses BACKGROUND Currently, the City of Oshkosh has issued all but two (2) available Combination “Class B” liquor licenses, with 2 pending applications and at least one forthcoming. This type of license is required for all full-service bars, restaurants, and any establishments selling beer and liquor for on-premise consumption. There is no path to obtain more licenses from the state. There are two reserve licenses permitted by the state, but they are limited to a portion of the Sawdust District at a cost of $30,000 each. An additional license is available at a cost of $10,000 that may be used city-wide. The recent shortage has caused concern among some local businesses and new liquor license applicants, and City staff are looking for opportunities to free up additional licenses. Until these issues have been resolved, I have directed staff to withhold bringing forward any additional licenses for Council consideration. ANALYSIS The State of Wisconsin is in the process of rewriting the licensing rules required for liquor licensing and operator (bartender) licensing, among other rules. A portion of this rewrite addresses the issue of fermented malt beverages. Under the new law, these items have been added to the federal definition of "beer" under fermented malt beverages, meaning now most popular seltzers will be able to be sold with a Class "B" (beer) license. Also, the rewrite states that that a "Class C" (wine) license no longer has the requirement of only being issued to restaurants. Due to these changes, it would be beneficial for businesses to examine the type of license they have to ensure it is appropriate for their business. This review could “free up” unused licenses and allow their re-distribution to other businesses. If this legislation passes, it may be helpful to work with licenses and steer them to these newly-defined licenses, thereby freeing up some Combination “Class B” licenses. Renewal notices are scheduled to be mailed mid-March with the renewal period ending June 30th. The new law is expected to take effect May 1st and municipalities throughout Wisconsin will be seeing a lot of guidance coming from the Department of Revenue (DOR) on the new rules, which will give municipal clerks a short amount of time to initiate the changes before the end of the renewal period. Staff will be looking for direction from Council to develop strategies, tools, and resources to include in the renewal notice that ensures business owners are informed and liquor licenses are properly allocated. In the meantime, holding off on issuing Combination “Class B” licenses is the most prudent path. Please contact me in advance of Tuesday’s meeting if you have any questions on this situation. Respectfully submitted, Mark A. Rohloff City Manager SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :January 23, 2024 Fut ur e Work s hop sFuture Wor k s ho p s Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's Four-Seasons Building SUB JEC T:SUB JEC T :Update on Proposed Vehicle Registration Fee (VRF) and Utility Fees as Replacement of Special Assessments for Street Reconstruction Projects D A TE :D A T E :January 23, 2024 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 . SUB JEC T:SUB JEC T :Update on Process for ARPA Funds for Non-Infrastructure Projects D A TE :D A T E :January 23, 2024 A t t a chment sAttachments ARPA Application 2024 ARPA Review Criteria 2024 1 American Rescue Plan Act (ARPA) Funding Application for Non-Profit Entities, Community Groups, and Neighborhood Associations Due Date: March 1, 2024, 4:30 PM Application must be completed in full to be considered. Submit complete application & budget sheet electronically to citymgr@oshkoshwi.gov -or- Mail - City Manager’s Office, 215 Church Ave – PO Box 1130, Oshkosh WI 54903-1130 -or- Place in City Hall Dropbox Attachments, brochures or other materials may be included as part of the application packet. Application Review Criteria The electronic version (including email message and all attachments) cannot exceed 10 MB GENERAL INFORMATION 1. Name of Project/Program: 2. Organization Name: 3. Address: 4. Primary Contact Person: 5. Title: Phone: 6. E-mail 7. If applicable: Federal Tax Identification Number: 8. If applicable: DUNS number: Provide Mission Statement/Purpose: PROPOSAL OVERVIEW – must match Budget Overview sheet Funds Requested Total Project Cost Annual Organizational Budget $ $ $ 2 PROPOSAL DETAILS (Please limit to 700 words) 1. PROGRAM/PROJECT APPROACH – include the following details, as applicable: a) Briefly describe the program/project you are reque sting funds for. b) Describe the need for your program/project. c) Identify any other organizations in Oshkosh that address this need. d) Describe your level of collaboration with other agencies on this project. e) Is this a new, existing, or changed program? f) Specifically, what will you use ARPA funds for? g) Who will benefit and how? h) How will you prevent the duplication of benefits to end users? i) How many individuals/families will be served by this program/project? j) How will these funds help you respond to, or recover from COVID-19? k) For existing programs: How many people were served during the last program year? How many were from the City of Oshkosh? l) If existing, describe measurable impact has the program achieved to date (with examples) 2. PROJECT OUTCOMES a) If this is a continuing activity, describe a measurable outcome of your previous year's work regardless of funding source. b) Describe two anticipated measurable outcomes for your proposed project/program. c) Describe (if applicable) how proposed use of funds may achieve sustainability objectives as described in the City’s Sustainability Plan. d) Describe (if applicable) how project and proposed use of funds will benefit underrepresented or marginalized individuals/groups, and/or achieve objectives contained in the City’s Diversity, Equity and Inclusion Plan. 3. DESCRIBE THE AGENCY'S AUDITING AND FISCAL CONTROLS a) Briefly describe your agency's fiscal oversight / internal controls to minimize opportunities for fraud, waste and mismanagement. b) How does your agency plan to segregate ARPA funds from other agency funds for purposes of identification, tracking, reporting and audit? 4. CONTINGENCY PLAN a) If your grant request is not fully funded, what adjustments are you prepared to make? 5. PROJECT BUDGET a) Briefly explain project revenues and expenses related to this proposal. This should match with the Budget Overview sheet. b) Be specific about how ARPA dollars would be spent. c) Provide details about how funds would be used by December 31, 2024. PLEASE COMPLETE THE ATTACHED BUDGET OVERVIEW AND SUBMIT WITH YOUR APPLICATION. 3 BUDGET OVERVIEW / INCOME AND EXPENSES ORGANIZATION NAME: ____________________________________________________ REVENUE SOURCE PROJECTIONS Estimated Funding for this Project/Program Proposed ARPA Funding Other Government Grants - list: OACF Funding OAUW Funding Donations/Other Fundraising Internal/Self-Funding Other – list: TOTAL REVENUES $ EXPENSES REGULAR OPERATING EXPENSES Project/Program Budget (PROPOSED) Salaries/Benefits Occupancy Professional Fees/ Contracted Services Program/Office Materials Marketing/Printing Professional Development Supplies/Materials Other – list: Other – list: Other – list: COVID RELATED EXPENSES (please identify) Other Other Other TOTAL EXPENSES $ NOTE: Revenues and Expenses must balance 4 THE APPLICATION CERTIFIES TO THE BEST OF ITS KNOWLEDGE: 1. The information submitted to the city of Oshkosh (“City“) in this application, and substantially in connection with this application, is true and correct. 2. The applicant is in compliance with applicable laws, regulations, ordinances and orders applicable to it that could have an adverse material impact on the project. Adverse material impact includes lawsuits, criminal or civil actions, bankruptcy proceedings, regulatory action by a governmental entity or inadequate capital to complete the project. 3. The applicant is not in default under the terms and conditions of any grant or loan agreements, leases or financing arrangements with its other creditors that could have an adverse material impact on the project. 4. The applicant has to close, and will continue to disclose, any occurrence or event that could have an adverse material impact on the project. THE APPLICANT UNDERSTANDS: 1. This application and other materials submitted to the City may constitute public records subject to disclosure under Wisconsin’s Public Records Law. The applicant may mark documents “confidential” if the documents contain sensitive information. 2. Submitting false or misleading information in connection with an application may result in the applicant being found ineligible for financial assistance under the funding program, and the applicant or its representative may be subject to civil and/or criminal prosecution. YES NO (circle one) I certify that the requested funding is needed to ensure this project will happen in the City of Oshkosh. Signature Date Authorized representative of Applicant/Organization PRINTED NAME: TITLE OF APPLICANT: ORGANIZATION NAME: City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.oshkoshwi.gov GRANT FUNDS FOR NON-INFRASTRUCTURE PROJECTS USING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS The City of Oshkosh has received approximately $20.5 million in funds under the American Rescue Plan Act (ARPA). The Oshkosh Common Council directed that approximately 25% of these funds be allocated to non-profit entities and non-infrastructure purposes. To date, the Council has allocated $2,275,480, leaving approximately $2,350,000 in remaining ARPA funds. These funds must be committed no later than December 31, 2024. Although ARPA regulations allow expenditures to continue until December 31, 2026, the City of Oshkosh will give preference to projects that can have all funds expended through December 31, 2024. The City of Oshkosh is hereby soliciting proposals from Oshkosh-based entities for eligible projects and initiatives using the city’s allocation of ARPA funds. City staff has developed short- term and long-term goals on how these funds are to be used. The short-term goals are primarily geared towards addressing issues brought upon by the Covid pandemic and are compliant with ARPA regulations, while the long-term goals have been developed by the City of Oshkosh through various long-range plans developed and approved by the Common Council. Consideration will also be given to applications that pursue goals in the City’s Sustainability or Diversity, Equity, and Inclusion (DEI) plans, as well as address needs of und errepresented or marginalized groups in the city. While these goals remain subject to consideration by the Oshkosh Common Council, staff will take all of these goals into consideration while evaluating proposals. Some relevant links to plans are at the bottom of this document. Although the use of ARPA funds for operating purposes are not specifically prohibited, the intent of the grant funds is to assist agencies with overcoming challenges brought upon by the Covid pandemic, particularly as it relates to addressing long-term needs of a particular agency or organization. Towards that end, priority will be given to requests that are focused on capital or other non-operating needs. Operating funds may be considered if the purpose of the funds is to bridge a funding gap that will be addressed in a long-term plan, and/or will leverage ARPA funds with other revenue sources until the operating funds are no longer needed. Agencies that may have previously applied to the city or another governmental entity for ARPA funds are eligible to re-apply for these funds. The funding requests should be applied for as if the application is new. Applications will be evaluated on the basis of achieving specific objectives identified in the application, as well as meeting the long-term and short-term goals identified by the city, as follows: Short Term Goals • Help those with immediate needs • Help those directly impacted by COVID-19 • Compliant with federal ARPA regulations • Politically acceptable to the Council and Community • Ability to leverage ARPA funds with other revenue sources • Avoid duplication of effort with other agencies and avoid duplication of ARPA funds Long Term Goals • Strategic plan goals • Long term visible impact • Long-term benefit to individuals and community • Long-term relief to those repaying ARPA funds in the future. ARPA Funding Application Applications are due to the City Manager’s Office no later than 4:30 PM on Friday, March 1, 2024. Applications may be submitted in electronic form or hard copy. Completed applications and budget sheets can be submitted: • Electronically to citymgr@oshkoshwi.gov; OR • Mail to City Manager’s Office, 215 Church Ave – PO Box 1130, Oshkosh WI 54903-1130; OR • Place in City Hall dropbox Links to Relevant Plans • 2023-2024 City of Oshkosh Strategic Plan • City of Oshkosh Diversity, Equity, and Inclusion (DEI) Committee Strategic Plan • 2019 City of Oshkosh Sustainability Plan • Other City of Oshkosh Long-Term Plans SUB JEC T:SUB JEC T :SB 961 (Urban Towns Bill) Update D A TE :D A T E :January 23, 2024 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 . SUB JEC T:SUB JEC T :Strategic Plan Dashboard Updated for 4th Quarter D A TE :D A T E :January 23, 2024 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 . SUB JEC T:SUB JEC T :One-Year Extension of the Intergovernmental Agreement with Winnebago County on Inter- City Pilot Microtransit Service between Oshkosh and Neenah D A TE :D A T E :January 23, 2024 A t t a chment sAttachments Extension Agreement AMENDMENT INTERGOVERNMENTAL AGREEMENT Inter-City Microtransit Service – Oshkosh/Neenah The City of Oshkosh, hereinafter referred to as CITY, and Winnebago County, hereinafter referred to as COUNTY, entered into an intergovernmental agreement for a pilot program to provide an inter-city microtransit service between the City of Oshkosh and the City of Neenah in Winnebago County from April 2, 2023 to March 30, 2024. The CITY and COUNTY agree that the pilot program should be extended for an additional year to March 30, 2025. The CITY and COUNTY further agree that because ridership during the original pilot period was less than the original estimate, the table included in the original agreement setting forth estimated costs and funding should be revised. The parties agree that they each receive a business benefit through this amendment. THEREFORE, the CITY and the COUNTY agree: Paragraph 3 of the Agreement is hereby amended to extend from April 3, 2024 to March 30, 2025. Paragraph 5 of the Agreement is hereby amended to add the follows: COSTS FOR EXTENDED PILOT PERIOD. Costs relating to this Agreement shall be broken down as following for the extended pilot period: City will provide approximately $53,188.00 in grant monies from state and federal funding availability. County will pay to City $28,000.00 upon quarterly invoices. Extension Period: April 3, 2024 through March 30, 2025 Estimated total rides: 3070 Estimated Total Cost (3070 rides x $31.50) $96,705.00 Grants (Estimated 55% of total cost from state and federal monies) $53,188.00 Estimated Fare Income ($5.00/ride) $15,350.00 Estimated Remaining Financial Need $28,167.00 DocuSign Envelope ID: 0D1FC28A-9AAD-4500-8981-132F375A7514 Except as specifically modified by this Amendment, all other terms and conditions of the original Agreement dated March 23, 2023 shall remain unaltered by this Amendment and in full force and effect. WINNEBAGO COUNTY By: Jonathan Doemel, County Executive By: Mary Anne Mueller, Corporation Counsel CITY OF OSHKOSH By: _________________________________ Mark A. Rohloff, City Manager By: ________________________________ Diane Bartlett, City Clerk By:_________________________________ Lynn A. Lorenson, City Attorney DocuSign Envelope ID: 0D1FC28A-9AAD-4500-8981-132F375A7514 SUB JEC T:SUB JEC T :Outstanding Issues D A TE :D A T E :January 23, 2024 A t t a chment sAttachments Outstanding Issues 01.23.24 City of Oshkosh Status of Outstanding Issues Date of Initial Request Affected Department(s) (If Applicable) Title of Directive Current Status Next Status Report/Update Other Notes 1/22/2019 & 1/10/2023 Finance & Public Works Work to address inequities in Special Assessments by providing Council options Council directed staff to prepare documents to replace special assessments for road reconstruction/sidewalks with utility funds and VRF. Reading of ordinances planned for February 13th and February 27th. 2/27/2024 Public information campaign underway in advance of final Council consideration. 6/9/2020 City Manager Community Conversations to address racism City Manager continuing discussions with various community groups. 2/13/2024 1/10/2023 City Manager Engage other governmental and non-profit entities in the region to reduce and prevent homelessness City Manager engaged with community stakeholders on continued efforts to address continuum of care. 3/26/2024 1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and City day to day operations Goal to continue into 2024 City Manager goals. 3/26/2024 DEI Committee and SAB to discuss RFP for ARPA funds at upcoming meetings. 1/9/2024 City Manager Continue participating in state wide initiatives to improve Oshkosh’s shortfall in state-local funding, including fully funding Municipal Services Program (MSP). Continuation of this goal will focus on Municipal Services Payment (MSP) program in 2024 3/26/2024 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.3/26/2024 Downtown study draft near completion. 5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non- infrastructure purposes. Staff has begun soliciting an additional round of proposals. 3/12/2024 DEI and SAB to discuss RFP at upcoming meetings. 1/10/2023 DPW/Legal Sanitary District Negotiations Staff has submitted final draft to Districts. Staff will not bring to Council until final language is agreed upon. Non-contractual rates have been implemented. 2/13/2024 Follow-up discussions on final terms to take place within 30 days. 1/23/2024 Council Meeting