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HomeMy WebLinkAboutAGENDApacket__04-23-24 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 A pril 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 written correspondence 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 Floam Invocation #1 D.PLEDGE OF ALLEGIANCE - Oshkosh North High School E.PROCLAMATIONS Williams Syndrome Awareness Month, May 2024 National Day of Prayer, May 2nd, 2024 Public Service Recognition Week, May 5 - 9, 2024 F.INTRODUCTION OF STAFF - Dylan Rollo, Mechanic Manager, Public Works Department G.CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; they must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) If you require more time please inform the Mayor at the beginning of your presentation. H.CONSENT AGENDA ITEMS (Consent Agenda items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1.Report of Bills 2.2023 Donation Report 3.Receipt & Filing of Minutes: Museum Arts and Culture Board, March 13, 2024 4.Receipt & Filing of Claim Filed with the City's Insurance Company: AT&T 5.Receipt & Filing of Claim Filed with the City's Insurance Company: Munshower & Smith 6.Receipt & Filing of Claim Filed with the City's Insurance Company: Weigel Kaminskas 7.Res 24-193 Approve Police Operating Budget Amendment for the Wisconsin Department of Justice Law Enforcement Drug Trafficking Response Grant ($27,265) 8.Res 24-194 Grant Underground Electric and Communication Easement at the Northwest Corner of Clairville Road and State Highway 91 to Wisconsin Power and Light Company (Plan Commission Recommends Approval) 9.Res 24-195 Approve Professional Services Agreement from Kueny Architects, L.L.C. for Architectural and Engineering Services for GO Transit Downtown Transit Center Phase II Improvements ($172,120.00) 10.Res 24-196 Approve Purchase of Water Meter Base Station from Core and Main for Water Utility Division ($40,500.00) 11.Res 24-197 Award Bid to Gartman Mechanical Services Inc. for Roof Top Unit Replacement for the Water Filtration Plant ($23,930.00) 12.Res 24-198 Award Bid for Public Works Contract No. 24-14 to Vinton Construction Company for Nicolet Avenue Asphalt Construction ($333,583.69) 13.Res 24-199 Award Bid for Public Works Contract No. 24-16 to Scott Construction, Inc. for Asphalt Preservation Program ($328,782.60) 14.Res 24-200 Adopt Updated Lead Service Line Replacement Policy 15.Res 24-201 Approve Amendment No. 2 to Professional Services Agreement with Westwood Professional Services, Inc. (Westwood) for 2024 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program ($32,800) 16.Res 24-202 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for Water Main Area Assessment, New Water Services, New Storm Laterals, and Sanitary Laterals (Relay) Relating to Contract No. 23-07 (420 South Koeller Street and 440 South Koeller Street) 17.Res 24-203 Amend Final 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 Main and Laterals (New and Relay) Relating to Contract No. 23-07 (420 South Koeller Street and 440 South Koeller Street with Signed Waivers) 18.Res 24-204 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for New Water Services and New Sanitary Laterals Relating to Contract No. 23-16 (2824 Clairville Road and 2888 Clairville Road) 19.Res 24-205 Amend Initial and Final Resolutions for Special Assessments for Concrete Pavement, Asphalt Pavement, Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay) Relating to Contract No. 23-16 (2824 Clairville Road and 2888 Clairville Road with Signed Waivers) 20.Res 24-206 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for Storm Sewer Lateral Relating to Contract No. 24-07 (752 Prospect Avenue) 21.Res 24-207 Amend Final 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 Main and Laterals (New and Relay) Relating to Contract No. 24-07 (752 Prospect Avenue with Signed Waiver) 22.Res 24-208 Approve Initial Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 24-20 / Various Locations 23.Res 24-209 Accept Donations and Approve Agreement with Oshkosh Area Community Foundation and Zillges Materials, Inc. for Landscape Improvements at Select Roundabouts and Medians in the City 24.Res 24-210 Approve the Sale of Fermented Malt Beverages in Rainbow Memorial Park by Parks Department Staff (Advisory Park Board Recommends Approval) 25.Res 24-211 Approve Special Event - Winnebago Bicycle to Utilize Opera House Square (Sundial Area) for the Bike to Work Day Event, May 17, 2024 26.Res 24-212 Approve Special Event - Fox Valley Technical College to Host Their Spring Commencement at the UW Oshkosh Kolf Sports Center, May 19, 2024 27.Res 24-213 Approve Special Event - Wyldewood Baptist Church to Utilize Opera House Square for the Wyldewood Patriotic Church Service, May 26, 2024 28.Res 24-214 Approve Special Event - Friends of the Oshkosh Seniors Center to Utilize South Park for the Food Truck Friday Events, June 14 & August 9, 2024 29.Res 24-215 Approve Special Event - Simply Yoga, LLC to Utilize Opera House Square for Yoga in the Park, June 8, June 29, July 6, July 13, August 10 & August 24, 2024 30.Res 24-216 Approve Special Event - Waterfest Inc to Utilize the Leach Amphitheater for the Waterfest Concert Series, June 13 through August 15 (Thursdays) & August 21, 2024 31.Res 24-217 Approve Special Event - Water Lantern Festival to Utilize South Park Lagoons for the Water Lantern Festival, June 15, 2024 32.Res 24-218 Approve Special Event - Oshkosh Freemasons to Utilize the Leach Amphitheater for the Stellar Summer Music and Vintage Festival, July 20, 2024 33.Res 24-219 Approve Special Event - Downtown Business Improvement District (BID) to Utilize Market Street and Opera House Square for the Downtown Chalk Walk, August 3, 2024 34.Res 24-220 Approve Special Event - Gabe's Wisconsin Kitchen and Tavern to Host Algoma Fest in the 1160 N Westhaven Dr Parking Lot, August 31, 2024 35.Res 24-221 Approve Special Event - Northeast Wisconsin Chinese Association (NEWCA) to Utilize Riverside Park and the Leach Amphitheater for the N.E.W. Dragon Boat Festival, September 14, 2024 36.Res 24-222 Approve Special Event - Oshkosh Community YMCA to Utilize Opera House Square for the Explore the Y Event, September 28, 2024 37.Res 24-223 Approve Special Event - Downtown Oshkosh Business Improvement District (BID) to Utilize City Streets for the Downtown BID Holiday Parade, December 5, 2024 38.Res 24-224 Approve Special Event - Downtown Oshkosh Business Improvement District (BID) to Utilize Opera House Square and Market Street for the Reindeer in the Square Event, December 14, 2024 39.Res 24-225 Approve Waiver for Cavanaugh's Carriages to Allow Horses in the City through December 31, 2024 40.Res 24-226 Approve Temporary Liquor License Extension - Kelly's Bar Graduation Event on May 17, 2024 and May 18, 2024 41.Res 24-227 Approve Special Class "B" Licenses 42.Res 24-228 Approve Appointments to Various Boards and Commissions 43.Res 24-229 Approve Reappointments to Various Boards and Commissions 44.Res 24-230 Approve Appointments of Council Members as Liaisons to Various Boards and Commissions I.ITEMS REMOVED FROM CONSENT AGENDA J.PENDING ORDINANCE 45.Ord 24-231 Approve Request to Annex to the City from the Town of Oshkosh -- Valley Christian School (Plan Commission Recommends Approval) 46.Ord 24-232 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) at 4311 Jackson Street (Plan Commission Recommends Approval) K.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.) 47.*Ord 24-233 Approve Zone Change from Institutional (I) to Two Flat Residental-10 (TR-10) for the Property Located at 1333 Eastman Street (Plan Commission Recommends Approval) 48.*Ord 24-234 Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) at 502 West Murdock Avenue (Plan Commission Recommends Approval) L.NEW RESOLUTIONS 49.Res 24-235 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt 50.Res 24-236 Approve Determination of Necessity to Acquire Partial Land Acquisitions at 3098, 3105 & 3123 Jackson Street and 370 West Fernau Avenue (Plan Commission Recommends Approval) 51.Res 24-237 Approve General Development Plan and Specific Implementation Plan for Outdoor and Indoor Storage Areas at 4311 Jackson Street (Plan Commission Recommends Approval) 52.Res 24-238 Approve Conditional Use Permit Amendment for an Outdoor Storage Use at 2840 Oregon Street (Plan Commission Recommends Approval) M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 53.Council Discussion and Direction to Staff A. 3rd Party Audit / Review of Municipal Additions to Building Code, Municipal Zoning, and Signage Codes (Larson) B. ARPA Non-Infrastructure Grant Update (City Manager) 54.Future Workshops A. Undergrounding Utilities (Stephenson/Buelow) - Date to Be Determined B. Housing (Stephenson) - Date to Be Determined N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 55.Cooperative Purchase of 2024 Scag Zero Turn Mowers from Joe's Power Center for Parks Department ($36,239.72) 56.Strategic Plan Dashboard Updated for 1st Quarter 57.Outstanding Issues P.ADJOURN SUB JEC T:SUB JEC T :Report of Bills D A TE :D A T E :April 23, 2024 B a c k gr oundBackground The items below are being presented for approval by the Council. These items have been properly audited and certified to by the City Comptroller and are herewith submitted for your allowance in the amount of $8,777,374.71. Bills paid April 5 and April 12, 2024 $3,521,991.50 Payroll paid April 12, 2024 $1,137,446.17 Regular cycle payables paid throughout the month of March $3,043,603.31 Regular UMR payables paid throughout the month of March $1,074,333.73 A t t a chment sAttachments 04052024 Checkrun 04122024 Checkrun March 24 Monthly Vendors March 24 UMR CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 9641 04/05/2024 ADVANTAGE POLICE SUPPLY INC 301.55 9642 04/05/2024 AURORA HEALTH CARE 353.00 9643 04/05/2024 BELSON CO 2,485.96 9644 04/05/2024 BLUUM OF MINNESOTA LLC 550.00 9645 04/05/2024 CHEMTRADE CHEMICALS US LLC 4,240.18 9646 04/05/2024 CINTAS CORPORATION NO 2 520.04 9647 04/05/2024 CORE AND MAIN LP 81,760.00 9648 04/05/2024 DR HANSEN PLUMBING LLC 250.00 9649 04/05/2024 EMPATHIA INC 2,505.60 9650 04/05/2024 EWALDS HARTFORD FORD LLC 84,234.00 9651 04/05/2024 FIRELINE SPRINKLER CORPORATION 497.00 9653 04/05/2024 GAPPA SECURITY SOLUTIONS LLC 3,807.00 9654 04/05/2024 GARROW OIL CORP 50,027.52 9655 04/05/2024 GFL ENVIRONMENTAL 176.20 9656 04/05/2024 HACH COMPANY 2,142.37 9657 04/05/2024 HUNTER SECURITY AND SURVEILLANCE 3,212.02 9658 04/05/2024 HYDRO CORP 8,781.00 9659 04/05/2024 KEMIRA WATER SOLUTIONS INC 10,045.61 9660 04/05/2024 KENNETH L GRESSER 46.23 9661 04/05/2024 KERBERROSE S.C.39,000.00 9662 04/05/2024 KONE INC 969.33 9663 04/05/2024 MANDI KATION 19.43 9664 04/05/2024 MECHANICAL TECHNOLOGIES INC 1,511.50 9665 04/05/2024 MICHELS ROAD AND STONE, INC 183.46 9666 04/05/2024 NORTHERN LAKE SERVICE INC 309.79 9667 04/05/2024 PRIMADATA LLC 15,896.21 9668 04/05/2024 P T S CONTRACTORS INC 90,457.97 9669 04/05/2024 RED SHOES INC 2,000.00 9670 04/05/2024 RENNING LEWIS AND LACY SC 2,478.00 9671 04/05/2024 RNOW INC 4,939.58 9672 04/05/2024 SEILER INSTRUMENT & MFG CO INC 2,555.63 9673 04/05/2024 SERVICEMASTER BLDG MAINTENANCE 4,760.00 9674 04/05/2024 MCCLONE 47,359.58 9675 04/05/2024 WI PUBLIC SERVICE CORP 70,164.63 9676 04/05/2024 WILLIS TOWERS WATSON MIDWEST INC 20.00 9677 04/05/2024 WOLF AND SONS PLUMBING LLC 3,986.00 5001168 04/05/2024 F.N. SHEPPARD AND COMPANY 2,120.00 5001169 04/05/2024 ALEXANDER CHEMICAL CORPORATION 12,210.00 5001170 04/05/2024 BADGER PURA VIDA LLC 45.71 5001171 04/05/2024 BAYCARE AURORA LLC 246.00 5001172 04/05/2024 BEAVER SERVICES INC 19,350.00 5001173 04/05/2024 BEEZ ELECTRIC 1,634.65 5001174 04/05/2024 BREDAEL SCHMIDT PROPERTIES LLC 25.49 5001175 04/05/2024 BRUYETTE ALEXANDAR 163.05 5001176 04/05/2024 CORPORATE NETWORK SOLUTIONS INC 845.00 5001177 04/05/2024 EMERGENCY LIGHTING AND ELECTRONICS LLC 8,236.01 5001178 04/05/2024 EMMA DZIENGELESKI 39.53 5001179 04/05/2024 ENVIROCERT INTERNATIONAL INC 175.00 5001180 04/05/2024 ERIC DIAMOND PRODUCTIONS 375.00 5001181 04/05/2024 FEDERAL EXPRESS CORPORATION 227.54 5001182 04/05/2024 FLOORQUEST LLC 483.90 5001183 04/05/2024 GALLS LLC 806.90 5001184 04/05/2024 GOVERNMENTAL INFORMATION PROCESSING 125.00 5001185 04/05/2024 GIZMO OSHKOSH LLC 14,102.45 5001186 04/05/2024 GUARANTY TITLE SERVICES INC 22.36 5001187 04/05/2024 GUNDERSON CLEANERS INC 1,350.45 5001188 04/05/2024 HENRY SCHEIN INC 1,867.26 5001189 04/05/2024 HERITAGE-CRYSTAL CLEAN LLC 247.77 5001190 04/05/2024 INTERSTATE PUMP & TANK LLC 450.17 5001191 04/05/2024 JACOBSEN MARCIA K 58.47 5001192 04/05/2024 JASH USA INC 1,980.00 5001193 04/05/2024 JERRY FABISCH 42.85 5001194 04/05/2024 JIREH PROPERTIES LLC 345.83 5001195 04/05/2024 KAL'S SIGN ART LTD 3,480.00 5001196 04/05/2024 KELLY NIEFORTH 253.94 5001197 04/05/2024 L R ARTS LLC 155.73 5001198 04/05/2024 LAKESIDE PLASTICS INC 741.00 5001199 04/05/2024 LALONDE CONTRACTORS 40,000.00 5001200 04/05/2024 LEAK LOCATORS OF MONTANA LLC 2,334.00 5001201 04/05/2024 LEICHT BARBARA 39.13 5001202 04/05/2024 LUBE-TECH RELIABLE PLUS INC 536.22 5001203 04/05/2024 LYDIA LANG 600.00 5001204 04/05/2024 MCCLONE INVESTMENTSLLC 125.13 5001205 04/05/2024 NICOLET INVESTMENTS OF OSHKOSH LLP 209.89 5001206 04/05/2024 MARTIN RILEY ARCHITECTS-ENGINEERS 354.00 5001207 04/05/2024 RICARDO PRECIADO 61.00 5001208 04/05/2024 SIGNATURE HOMES BY ADASHUN JONES 282.00 5001209 04/05/2024 TOWN OF MERTON 66.00 5001210 04/05/2024 YVONNE NIESEN 23.00 5001211 04/05/2024 CITY OF OSHKOSH 6,168.50 5001212 04/05/2024 PACKERLAND GLASS PRODUCTS 340.00 5001213 04/05/2024 POMP'S TIRE SERVICES INC 6,504.68 5001214 04/05/2024 QUANDT PLUMBING LLC 30.00 5001215 04/05/2024 R & R INDUSTRIES INC 272.43 5001216 04/05/2024 REGISTRATION FEE TRUST 1,525.50 5001217 04/05/2024 WINDOW SOLUTIONS INC 197.00 5001218 04/05/2024 RICHMARK PATTERNS INC 160.00 5001219 04/05/2024 SARAH DANAHY 292.50 5001220 04/05/2024 SECURITY FENCE & SUPPLY CO 4,049.00 5001221 04/05/2024 STANARD AND ASSOCIATES INC 1,930.00 5001222 04/05/2024 STRATEGIES LTD 327.00 5001223 04/05/2024 T MOBILE 32.80 5001224 04/05/2024 THE HOME DEPOT PRO 57.09 5001225 04/05/2024 THE TITLE EXCHANGE LLC 5,000.00 5001226 04/05/2024 TITAN PROPERTY MANAGEMENT LLC 26.02 5001227 04/05/2024 TODD MUEHRER 26.13 5001228 04/05/2024 TRITECH FORENSICS INC 5,284.00 5001229 04/05/2024 UNITED DATA TECH LLC 443.23 5001230 04/05/2024 UNITED PARCEL SERVICE 155.68 5001231 04/05/2024 US SIGNAL COMPANY LLC 23.82 5001232 04/05/2024 VERIZON WIRELESS 120.03 5001233 04/05/2024 WAVECREST COMPUTING INC 6,864.00 5001234 04/05/2024 ZILLGES MATERIALS INC 2,200.00 701,413.23 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 9712 04/12/2024 AIRGAS USA LLC 2,614.04 9713 04/12/2024 ALL LIFT SYSTEMS LLC 700.00 9714 04/12/2024 BROOKS TRACTOR INC 65.21 9715 04/12/2024 CARRICO AQUATIC RESOURCES INC 7,325.00 9716 04/12/2024 CASEY M CANADY 26.80 9717 04/12/2024 CENTURYLINK 36.56 9718 04/12/2024 CHEMTRADE CHEMICALS US LLC 4,247.93 9719 04/12/2024 CINTAS CORPORATION NO 2 260.86 9720 04/12/2024 CONVERGENT CLAIMS SERVICES, LLC 1,844.44 9721 04/12/2024 CORE AND MAIN LP 80,000.00 9722 04/12/2024 DFI SOLUTIONS IN PRINT INC 7,217.63 9723 04/12/2024 ENVIROTECH EQUIPMENT 9,259.24 9724 04/12/2024 ENVISIONINK PRINTING SOLUTIONS INC 721.00 9725 04/12/2024 EWALD MOTORS OF OCONOMOWOC LLC 161,983.00 9726 04/12/2024 FACILITY ENGINEERING INC 1,962.50 9727 04/12/2024 FERGUSON WATERWORKS #1476 938.60 9728 04/12/2024 FIRE APPARATUS & EQUIPMENT INC 5,202.33 9729 04/12/2024 FRANK'S RADIO SERVICE INC 609.54 9730 04/12/2024 GAPPA SECURITY SOLUTIONS LLC 1,444.50 9731 04/12/2024 GODFREY AND KAHN SC 868.00 9732 04/12/2024 HAILEY PALMQUIST 470.04 9733 04/12/2024 JAMES RABE 68.34 9734 04/12/2024 JOHN ZARATE 55.68 9735 04/12/2024 JUSTIFACTS CVS INC 1,114.71 9736 04/12/2024 KEMIRA WATER SOLUTIONS INC 21,723.44 9737 04/12/2024 KONE INC 2,902.50 9738 04/12/2024 KWIK TRIP INC 2,056.16 9739 04/12/2024 LASER TECHNOLOGY INC 251.50 9740 04/12/2024 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 20,924.33 9741 04/12/2024 MACQUEEN EQUIPMENT GROUP 3,124.83 9742 04/12/2024 MCC INC 257.58 9743 04/12/2024 MCNEILUS TRUCK AND MANUFACTURING 35,441.99 9744 04/12/2024 NATIONAL PRODUCTS INC 5,946.05 9745 04/12/2024 NEENAH FOUNDRY COMPANY MUNICIPAL 59,130.00 9746 04/12/2024 NORTHERN LAKE SERVICE INC 1,125.00 9747 04/12/2024 OSHKOSH CITY CAB CO INC 102,758.00 9748 04/12/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 62,517.32 9749 04/12/2024 PENTIRA LLC 34,000.00 9750 04/12/2024 PICKARTS RADIATOR 570.18 9751 04/12/2024 PLYMOUTH LUBRICANTS 692.14 9752 04/12/2024 P T S CONTRACTORS INC 1,031,960.39 9753 04/12/2024 QUALITY TRUCK CARE CENTER INC 1,051.22 9754 04/12/2024 REINDERS INC 2,313.43 9755 04/12/2024 ROGAN'S SHOES 361.75 9756 04/12/2024 SERVICEMASTER BLDG MAINTENANCE 945.00 9757 04/12/2024 SHORT ELLIOTT HENDRICKSON INC 31,093.25 9758 04/12/2024 SPEEDY CLEAN DRAIN & SEWER 2,831.01 9759 04/12/2024 VALLEY VNA HEALTH SYSTEMS INC 3,183.25 9760 04/12/2024 VANGUARD COMPUTERS INC 17,886.16 9761 04/12/2024 VERMONT SYSTEMS INC 175.00 9762 04/12/2024 VINTON CONSTRUCTION INC 73,047.78 9763 04/12/2024 WI PUBLIC SERVICE CORP 131,350.11 9764 04/12/2024 AUGUST WINTER & SONS INC 202,528.95 5001235 04/12/2024 4 IMPRINT 1,589.50 5001236 04/12/2024 ACCESS ELEVATOR INC 11,985.50 5001237 04/12/2024 ADVANCE CONSTRUCTION INC 77,574.03 5001238 04/12/2024 PAYROLLORG 299.00 5001239 04/12/2024 AMERICAN SOLUTIONS FOR BUSINESS 1,723.40 5001240 04/12/2024 ASSURANCE TITLE SERVICES INC 120.00 5001241 04/12/2024 BARR RACKING LLC 216.00 5001242 04/12/2024 BEDNAREK ROSE MARY 45.94 5001243 04/12/2024 BERGSTROM FORD OF OSHKOSH 5,048.46 5001244 04/12/2024 BOUND TREE MEDICAL LLC 1,465.96 5001245 04/12/2024 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 415,073.53 5001246 04/12/2024 BRANDON C NIELSEN 34.17 5001247 04/12/2024 BRITTNEY MEYER 2.01 5001248 04/12/2024 CLOSE PUBLICATIONS LLC 600.00 5001249 04/12/2024 CRAIG A RAMTHUN 20.10 5001250 04/12/2024 DREAMS OF JEANNE LLC 30.00 5001251 04/12/2024 EATON CORPORATION 6,405.05 5001252 04/12/2024 ERIC GENEREAU 60.97 5001253 04/12/2024 FLOORQUEST LLC 13,440.29 5001254 04/12/2024 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 40.00 5001255 04/12/2024 GALLS LLC 1,098.54 5001256 04/12/2024 GARTMAN MECHANICAL SERVICES 422.50 5001257 04/12/2024 GIZMO OSHKOSH LLC 12,626.18 5001258 04/12/2024 GRAEF USA INC 23,774.00 5001259 04/12/2024 HANSON DESIGN GROUP LLC 12,500.00 5001260 04/12/2024 HENRY SCHEIN INC 1,064.07 5001261 04/12/2024 HOWARD ALLEN DAVIS 2,375.00 5001262 04/12/2024 INTERNATIONAL ASSOCIATION OF CRIME ANALYSTS 790.00 5001263 04/12/2024 JACOB DEDERING 36.85 5001264 04/12/2024 JAMBALAYA ARTS INC 600.00 5001265 04/12/2024 JEREMY SCHILL 58.83 5001266 04/12/2024 JWE PROPERTIES LLC 77.65 5001267 04/12/2024 KALINOSKI RICHARD 43.71 5001268 04/12/2024 KEVIN SORGE 65.39 5001269 04/12/2024 KLINK EQUIPMENT 39.07 5001270 04/12/2024 KODI PARKER 39.53 5001271 04/12/2024 KYLE GORENSCHEK 17.00 5001272 04/12/2024 LANGE ENTERPRISES 357.00 5001273 04/12/2024 LARSON DAVID OR VICKIE 5.68 5001274 04/12/2024 THE LEAGUE OF WISCONSIN MUNICIPALITIES 975.00 5001275 04/12/2024 LEIGH SCHUH 167.50 5001276 04/12/2024 RELX INC 300.00 5001277 04/12/2024 LISA SOSINSKI 160.26 5001278 04/12/2024 MARK AND MARY POULTER 1,431.88 5001279 04/12/2024 MICHAEL E BLANK 61.64 5001280 04/12/2024 NORTHEAST WI TECH COLLEGE 57.00 5001281 04/12/2024 OSHKOSH HOUSING AUTHORITY 161.18 5001282 04/12/2024 REGISTRATION FEE TRUST 169.50 5001283 04/12/2024 RH DESIGN BUILD LLC 7,660.43 5001284 04/12/2024 RYAN BUSCHING 54.94 5001285 04/12/2024 SHARON A GALLAGHER 1,210.00 5001286 04/12/2024 STEWART TITLE COMPANY 7,500.00 5001287 04/12/2024 TOWN COUNSEL LAW & LITIGATION LLC 300.00 5001288 04/12/2024 TRUGREEN PROCESSING CENTER 2,529.73 5001289 04/12/2024 UNITED DATA TECH LLC 482.82 5001290 04/12/2024 WI STATE LABORATORY OF HYGIENE 29.00 5001291 04/12/2024 UNITED PARCEL SERVICE 84.02 5001292 04/12/2024 WAUPACA METALFAB 390.00 5001293 04/12/2024 WI DEPT OF NATURAL RESOURCES 45.00 5001294 04/12/2024 WI DEPT OF TRANSPORTATION 3,880.74 5001295 04/12/2024 WOLFF KATHERINE J 37.19 5001296 04/12/2024 ZILLGES MATERIALS INC 1,650.00 5001297 04/12/2024 1 N MAIN LLC 1,214.54 5001298 04/12/2024 DUNCAN SOLUTIONS LLC 3,778.60 5001299 04/12/2024 ENGBERG ANDERSON INC 783.75 5001300 04/12/2024 GUARANTY TITLE SERVICES INC 5,000.00 5001301 04/12/2024 HENRY SCHEIN INC 1,145.41 5001302 04/12/2024 A. KALMERTON WELDING SUPPLIES 241.93 5001303 04/12/2024 KANE COMMUNICATIONS GROUP 13,671.75 5001304 04/12/2024 LA CROSSE SEED 3,855.00 5001305 04/12/2024 MURPHY DESMOND SC 717.75 5001306 04/12/2024 NORTHERN TELEPHONE &DATA CORP 195.50 5001307 04/12/2024 STATE BAR OF WISCONSIN 2,649.99 5001308 04/12/2024 STEPHANIE KOENIGS 22.00 5001309 04/12/2024 THE HOME DEPOT PRO 551.25 5001310 04/12/2024 THE HOME DEPOT PRO 22.11 5001311 04/12/2024 VERIZON WIRELESS 12,270.18 5001312 04/12/2024 WESTWOOD PROFESSIONAL SERVICES INC 4,238.50 5001313 04/12/2024 WINNEBAGO CO SHERIFF DEPT 7,933.00 2,820,578.27 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Julie Calmes, Finance Director D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :2023 Donation Report B A C KGRO UN DBACKGROUND In April 2016, the Common Council revised its Gifts, Donations, Memorials, and Non-Commercial Naming Policy via Resolution 16-199. The purpose of the donation policy is to provide a foundation of guidelines and procedures for considering and receiving donations to the City of Oshkosh and to provide a process for naming public property, structures, and facilities. The revised policy called for annual donation reports to be provided to Council. A N A L Y SI SANALYSIS In an effort to provide additional background information, a donation form was developed. Departments report gifts/donations received with the completion of the donation agreement form. This form is required for all gifts/donations with a value of $100 or more. If the value of the gift/donation is less than $100, departments establish a method for accurately tracking such donations and shall report such gifts/donations to the Director of Finance on a semi-annual basis. The Library and Museum were exempted from the requirement to submit donation forms which limits the detail available for their donations. Donations received by the City can be budgeted, which makes the receipt of the donation budget neutral. However, the City does receive donations which were not anticipated and staff does seek budget amendment(s) for the proposed expenditure(s). FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact. A t t a chment sAttachments 2023 Donation Report ORG OBJ PROJ Date Donation processed Amount of Donation Purpose of Donation / Department Donor Information Additional Info from Donation Sheet 02150211 4952 02181 1/4/2023 600.00 Police - Mental Health Training Mehdi Mohammadian 02310760 4952 1/6/2023 100.00 Seniors Services - Center Program Activities Selective Shows 02150211 4952 02105 1/9/2023 25,000.00 Police - Equipment Needs Nancy Ebert 02150211 4952 02125 1/9/2023 684.56 Police - K9 Fund Caramel Crisp Café 02150211 4952 02199 1/11/2023 1,000.00 Police - Oshkosh Auxiliary Police EAA 03330620 4952 11405 1/13/2023 1,500.00 Memorial Bench Program Oshkosh Garden Oshkosh Garden Club 2023 03330620 4952 11401 1/13/2023 400.00 Memorial Tree Program Oshkosh Garden Oshkosh Garden Club 2023 03330620 4952 11405 1/18/2023 1,800.00 Memorial Bench Program Maria Williams Akbayan-Fanew 03330620 4952 11401 2/6/2023 400.00 Memorial Tree Program Barbara Panske 02010760 4952 11505 2/27/2023 150.00 Seniors Services - Ukelele lessons Anonymous 02470650 4952 7/25/2023 1,888.18 Parks - Cemetery Donation Edwin Streich US Bank 02470650 4952 10/19/2023 32,000.00 Parks - Cemetery Donation OACF - Charles & Joyce Hyde Tree 02550610 4952 11402 3/2/2023 10,000.00 Parks - Chief Oshkosh Signage Project Harenburg Family Foundation 03330620 4952 11405 3/7/2023 1,800.00 Memorial Bench Program Clarence Koch To Honor the Kivlin Family 03330620 4952 11405 3/7/2023 1,800.00 Memorial Bench Program Summer "What a Wonderful World" Bill "Frog" Standke 03330620 4952 11401 3/14/2023 400.00 Memorial Tree Program Jerilyn Berger In Memory of Frances Running 2022 03330620 4952 11401 3/14/2023 400.00 Memorial Tree Program Josh Reichenberger In Memory of Dan Schumann 1985-2023 02150211 4952 02168 3/16/2023 3,000.00 Police - Step Up/Shop With A Acop Walmart 02150211 4952 02180 3/24/2023 600.00 Police - Santa's Workshop Nolte's Service 02550610 4952 11421 4/13/2023 600.00 Parks - Chief Oshkosh Signage Project Mike/Tammy Brown 02010760 4952 4/14/2023 100.00 Seniors Services - Volunteer Appreciation Event FOSC 02550610 4952 11421 11/30/2023 67,000.00 Parks - Zoo Donations OACF - Multiple Zoo Donations 02310760 4952 4/14/2023 100.00 Seniors Services - Volunteer Appreciation Event Friends of the Oshkosh Senior Center 03330620 4952 11401 4/20/2023 400.00 Memorial Tree Program Carman Aguilar In Memory of Daniel L. Kuhnz 1952-2023 01000620 4952 4/20/2023 500.00 Parks - Arbor Day Event ATC 02310760 4952 4/24/2023 330.00 Seniors Services - Memory of Elaine Schroeder Family of Elaine Schroeder 03330620 4952 11401 5/5/2023 200.00 Memorial Tree Program Car Traeger PSC 03330620 4952 11401 5/5/2023 400.00 Memorial Tree Program Bobby Williams In Loving Memory of Noah Williams 03330620 4952 11401 5/9/2023 400.00 Memorial Tree Program Mark Lohry In Memory of Robert Lohry 03330620 4952 11401 5/10/2023 400.00 Memorial Tree Program Patti Weissling Jack & Delores Weissling A Living Memory 02550610 4952 11428 5/11/2023 500.00 Parks - Any Fin Fishing Event Karen Haines 02150211 4952 02181 5/11/2023 937.04 Police - Crisis Intervention Donations Papa Johns 02150211 4952 02181 12/20/2023 1,110.02 Police - Crisis Intervention Donations Papa Johns 03330620 4952 11401 5/12/2023 400.00 Memorial Tree Program Summer "What a Wonderful World" Bill Standke 03330620 4952 11401 5/12/2023 400.00 Memorial Tree Program Mary Ellen Tollard In Memory of Dan Tullard 1958 - 2018 02150211 4952 02180 5/16/2023 1,927.00 Police - Crisis Community Closet G Shepherd Church 03330620 4952 11401 5/22/2023 400.00 Memorial Tree Program Ellen & Terry Eisch In Memory of Alice Henke 2022 02150211 4952 02125 6/5/2023 500.00 Police - K9 Fund Valerie Richter 02150211 4952 02153 6/9/2023 3,000.00 Police - Annual Awards Banquet Harenburg Foundation GIFTS & DONATIONS TO THE CITY OF OSHKOSH - 2023 DEPOSITED TO Acct # Page 1 of 3 ORG OBJ PROJ Date Donation processed Amount of Donation Purpose of Donation / Department Donor Information Additional Info from Donation Sheet GIFTS & DONATIONS TO THE CITY OF OSHKOSH - 2023 DEPOSITED TO Acct # 02310760 4952 11528 6/20/2023 29,000.00 Seniors Services - Bader Grant Friends of the Oshkosh Senior Center 03330620 4952 11401 6/21/2023 400.00 Memorial Tree Program Scott Van Pay 02150211 4952 02125 6/23/2023 100.00 Police - K9 Fund Donna Lord 02150211 4952 02125 6/23/2023 200.00 Police - K9 Fund Mark Musial 02150211 4952 02125 6/23/2023 500.00 Police - K9 Fund Emil Reichow 02150211 4952 02125 6/26/2023 250.00 Police - K9 Fund Nancy Judkins 03330620 4952 11401 6/29/2023 400.00 Memorial Tree Program Mari Mahlke 03330620 4952 11405 7/5/2023 1,800.00 Memorial Bench Program Larry Lawniczak 02150211 4952 02125 7/10/2023 100.00 Police - K9 Fund Grace Nyman 02150211 4952 02105 7/19/2023 1,000.00 Police - BHO - Pear Putty for Kids Purchase OA Women's Association 02150211 4952 02125 7/19/2023 500.00 Police - K9 Unit Caramel Crisp Café 03330620 4952 11405 7/25/2023 1,800.00 Memorial Bench Program Le Anne Burns 03330620 4952 11401 7/25/2023 400.00 Memorial Tree Program Mari Mahlke 02150211 4952 02125 7/25/2023 250.00 Police - K9 Fund Sally Mathison 03330620 4952 11401 7/27/2023 400.00 Memorial Tree Program Linda Harvot 03330620 4952 11405 8/3/2023 1,800.00 Memorial Bench Program Ben Delap 02010760 4952 11504 8/8/2023 843.16 Seniors Services - Wheels and sockets for 16 chairs Winnebago Senior Tours 03330620 4952 11401 8/11/2023 400.00 Memorial Tree Program Cathy Krall 03330620 4952 11401 8/22/2023 400.00 Memorial Tree Program Mark Lohry 02150211 4952 02181 8/23/2023 1,000.00 Police - Mental Health Wellness Fund Gabriel's Wings 02150211 4952 02134 8/31/2023 100.00 Police - Honor Guard Cheryl Michler 02150211 4952 02125 8/31/2023 100.00 Police - K9 Fund Cindy Goveni 03330620 4952 11405 9/1/2023 1,800.00 Memorial Bench Program Tina Rasor 02150211 4952 02125 9/8/2023 615.00 Police - K9 Fund Becky Lornson 02010760 4952 11504 9/11/2023 4,891.46 Seniors Services - Program & Event Support Friends of the Oshkosh Senior Center 02010760 4952 11504 9/12/2023 400.00 Seniors Services - Senior Center Use Jeff Kemp 02150211 4952 02180 9/19/2023 1,000.00 Police - Santa's Workshop Robert Riese 01000620 4952 9/26/2023 6,000.00 Parks - Taking Root Campaign OACF 03330620 4952 11401 10/5/2023 400.00 Memorial Tree Program William Hintz 03330620 4952 11401 10/10/2023 400.00 Memorial Tree Program Ray Maurer 02150211 4952 02125 10/19/2023 953.25 Police - K9 Fund Caramel Crisp Café 03330620 4952 11405 10/20/2023 1,800.00 Memorial Bench Program Kay Harding 02560610 4952 10/26/2023 3,000.00 Parks - Leach Security Cameras OACF 02150211 4952 02180 10/27/2023 100.00 Police - Community Closet Fund Susan Hildahl 02150211 4952 02168 11/2/2023 500.00 Police - Shop With A Cop Gail Raddatz 02010760 4952 11504 11/6/2023 100.00 Seniors Services - General Use Duwayne Besaw 03330620 4952 11405 11/13/2023 1,800.00 Memorial Bench Program James Pomraning 02150211 4952 02125 11/21/2023 1,000.00 Police - K9 Fund Giovani Dental 02150211 4952 02168 11/21/2023 200.00 Police - Shop With A Cop South Side Yacht 01000801 4952 11/21/2023 11,006.10 Transportation - RRFB Flasher on Josslyn St Lourdes Academy Foundation Inc 02150211 4952 02105 11/28/2023 100.00 Police - Crime Prevention Mary Wisneski 02150211 4952 02105 11/29/2023 150.00 Police - Crime Prevention Maurice Berglund Page 2 of 3 ORG OBJ PROJ Date Donation processed Amount of Donation Purpose of Donation / Department Donor Information Additional Info from Donation Sheet GIFTS & DONATIONS TO THE CITY OF OSHKOSH - 2023 DEPOSITED TO Acct # 02550610 4952 11421 11/30/2023 65,000.00 Parks - Menominee Park Zoo Improvements and Operational Costs for 2023 Season OACF 03330620 4952 11401 12/1/2023 400.00 Memorial Tree Program Kathleen Groff 02150211 4952 02180 12/4/2023 600.00 Police - Santa's Workshop Nolte's Service 02150211 4952 02168 12/7/2023 400.00 Police - Step Up/Shop With A Acop Corey Parollina 02310760 4952 12/7/2023 70,000.00 Seniors Services - Annual Support Friends of the Oshkosh Senior Center 02590610 4952 12/8/2023 64,363.00 Pool Donations OACF - Pollock Pool Endowment 02150211 4952 02125 12/12/2023 100.00 Police - K9 Fund Christopher Booher 02150211 4952 02125 12/12/2023 100.00 Police - K9 Fund James Stadtmueller 02150211 4952 02125 12/12/2023 200.00 Police - K9 Fund Beverly Boettcher 02150211 4952 02105 12/15/2023 100.00 Police - Crime Prevention Kelly Flanigan 02150211 4952 02105 12/15/2023 100.00 Police - Crime Prevention Robin Manke 02150211 4952 02105 12/15/2023 130.00 Police - Crime Prevention Bobbie Mann 02150211 4952 02105 12/15/2023 150.00 Police - Crime Prevention Jerry Peters 02150211 4952 02105 12/15/2023 570.00 Police - Crime Prevention Marjorie Peters 02560610 4952 10/25/2023 7,334.00 Parks - Leach Donations OACF - Bob Gertsch Grant 02150211 4952 02105 12/15/2023 1,000.00 Police - Crime Prevention Joseph Peters 02150211 4952 02180 12/19/2023 100.00 Police - Santa's Workshop Steven Reise 02310760 4952 12/19/2023 10,000.00 Seniors Services - Support Programs Henry & Dorothy Keuttner Fund Community Foundation 02550610 4952 11442 9/26/2023 75,000.00 Reimbursement for BID Horticulturist position OACF 03330620 4952 11401 12/20/2023 400.00 Memorial Tree Program Annette Beattie 02150211 4952 02125 12/21/2023 200.00 Police - K9 Fund Mike Drexler 02150211 4952 02180 12/21/2023 100.00 Police - Santa's Workshop Fauzia Osman 02150211 4952 02105 12/24/2023 500.00 Police - Crime Prevention Hebert Mugerauer 02150211 4952 02125 12/27/2023 200.00 Police - K9 Fund Jane Steiner 538,132.77$ 2023 Total Monetary Donations: Page 3 of 3 SUB JEC T:SUB JEC T :Receipt & Filing of Minutes: Museum Arts and Culture Board, March 13, 2024 D A TE :D A T E :April 23, 2024 A t t a chment sAttachments March MAC Board Minutes Minutes of the March 13, 2024 Museum Arts and Culture Board Meeting Page 1 of 2 Minutes of the March 13, 2024 Museum, Arts and Culture Board Meeting (Approved at the April 3, 2024 Board Meeting) The March 13, 2024 meeting of the Oshkosh Public Museum (OPM) Museum, Arts and Culture (MAC) Board was held Wednesday, March 13, 2024, in the Galena Room of the Museum. Chair Vicky Redlin called the meeting to order at 4:30 p.m. The roll was taken by Administrative Assistant Theresa Books. Present at Roll: Board Chair Vicky Redlin, Vice-Chair Rebecca Doe Brown, Alternates Erron Hundt, Carrie Olson Excused: Board Members Becky Matzke, Drew Mueske, Board Member/Council Member Joseph Stephenson Also Present: Associated Bank Sr. Vice President, Personal Trust Manager Daniel Evensen, and Sr. Vice President, Director of Fixed Income Patrick Fry, Museum Director Sarah Phillips, Assistant Director/Chief Curator Anna Cannizzo, Curator of Education Neal Matherne, Marketing and Advancement Coordinator Kate Stel, and Administrative Assistant Theresa Books recording the Minutes. With Board Member Mueske excused Chair Redlin appointed Ms. Olson. With Board Member Stephenson excused Chair Redlin appointed Ms. Hundt. The annual review of the Durow Trust Fund was then given by representatives from Associated Bank, Sr. VP, Personal Trust Manager Daniel Evensen, and Sr. VP, Director of Fixed Income Patrick Fry. Mr. Fry reviewed many details of how the Durow Fund is invested and managed. He provided time for Board Members to ask questions. There were no citizen statements to the Board. Consent Agenda items included: A. Minutes of the February 14, 2024, Board Meeting MOTION: Approve Consent Agenda (Olson; second Hundt) CARRIED: Yes (4) Brown, Hundt, Olson, Redlin Ms. Stel then reviewed for the Board the programs and events that are scheduled for 2024. Minutes of the March 13, 2024 Museum Arts and Culture Board Meeting Page 2 of 2 Chair Redlin then requested the Director’s Report. Director Phillips began with an update regarding construction on the second floor. Bids were recently opened to determine a contractor. The March 26 Council Agenda will include the request to approve Cardinal Construction to manage the Museum project. It is anticipated that work will begin April 1st and wrap up in October 2024. Regarding the Strategic Plan, Director Phillips had hoped to have notes from the Department Head/Council Workshop. Those are not available just yet. Discussion among various groups indicated interest in having things in the Museum that are fun for children and families. Museum staff will continue to work to include fun things in exhibits, such as the many hands-on things in People of the Waters and the bowling machine in This is Winnebagoland. Director Phillips then asked Ms. Cannizzo to present regarding communicating sensitive information and stories relating to Museum Collections. Ms. Cannizzo began by noting that since its establishment, OPM has stewarded sensitive collections and stories. Since the passage of the Native American Graves Protection and Repatriation Act (NAGPRA), and especially in the last decade, museums and their management of cultural heritage have come under greater scrutiny. OPM interviewed a number of times since the ProPublica article last year. It is important that the Museum continues to embrace evolving laws, practices, and views that go along with stewarding sensitive cultural heritage. Staff at OPM have been engaging more intensively and proactively in examining certain areas of the OPM collection, increasing the resources dedicated to this ongoing crucial work, and making sure staff and the Board are communicating this information in an ethically responsible way. Ms. Cannizzo continued, noting that as sentiments about Native American collections, especially human remains, change over time, staff and the Board must take a proactive stance in not perpetuating an outdated and insensitive view of early museum displays of sensitive materials, such as the female Native American ancestor often referred to as the “Indian Princess” or “Mummy” who was displayed at OPM for many years. We don’t want to negate or diminish people’s memories of OPM or questions about the collection. However, when we are met with those moments, we need to communicate responsibly. In our response or conversation, it is important that we make efforts to humanize the individual by referring to her as the ancestor and emphasizing that she has been returned home to the Menominee to rest peacefully. Museums have been places of trauma for Native American communities and it is our responsibility to be mindful of that. We have been doing great work and this is another opportunity to do better as we continue to grow our relationships with Native communities. That concluded the Director’s Report. With no other agenda items, Chair Redlin asked for a motion to adjourn. MOTION: Adjourn (Brown; second Hundt) CARRIED: Voice Vote The meeting adjourned at 6:00 p.m TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company: AT&T A t t a chment sAttachments Claim TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company: Munshower & Smith A t t a chment sAttachments Claim TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company: Weigel Kaminskas A t t a chment sAttachments Claim TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :MaiNue Khang, Office Administration Manager & Analyst D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-193 Approve Police Operating Budget Amendment for the Wisconsin Department of Justice Law Enforcement Drug Trafficking Response Grant ($27,265) B A C KGRO UN DBACKGROUND The Oshkosh Police Department received a grant from the Wisconsin Department of Justice Law Enforcement Drug Trafficking Response Grant Safety for $27,265. A N A L Y SI SANALYSIS The Common Council of the City of Oshkosh approved the Oshkosh Police Department to accept the Wisconsin Department of Justice Law Enforcement Drug Trafficking Response Grant in the amount of $27,265 to purchase two used vehicles for use by the Vice and Narcotics Unit (VNU) to assist with the proactive drug enforcement to reduce the number of drug related deaths, overdoses, and illegal drug activity in the City of Oshkosh. Additionally, funds will be used to purchase drug test kits to assist in properly testing suspected drugs during investigations. FI SC A L I M P A CTFISCAL I M P A C T There will be no impact to the Oshkosh Police Department budget. REC O M M E N D A TI ONRECOMMENDATION The Oshkosh Police Department recommends a budget amendment to appropriate the grant funds as follows: Receiving the grant funds in 02150211-4226-02190 for the amount of $27,265 Expenditures in 02150211-6529-02190 for the amount of $2,065 Expenditures in 02150211-7210-02190 for the amount of $25,200 A t t a chment sAttachments RES 24-193 4/27/2024 24-193 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE THE POLICE OPERATING BUDGET AMENDMENT FOR THE WISCONSIN DEPARTMENT OF JUSTICE LAW ENFORCEMENT DRUG TRAFFICKING RESPONSE GRANT ($27,265). INITIATED BY : Oshkosh Police Department         WHEREAS, the City of Oshkosh Police Department has been awarded the Wisconsin Department of Justice Law Enforcement Drug Trafficking Response Grant Safety for $27,265, and     WHEREAS, the Common Council of the City of Oshkosh authorized and approved the acceptance of the Wisconsin Department of Justice Law Enforcement Drug Trafficking Response Grant in the amount of $27,265 for the Oshkosh Police Department, pursuant to the terms of the grant application and to expend such funds for purposes of purchasing equipment in accordance with the grant application and award.     WHEREAS, an amendment to the Police Department Special Funds Budget within the 2024 Operating Budget is necessary to allocate funds for this. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Operating Budget, is hereby amended to receive the grant funds within account number 02150211-4226-02190, and increase expenditures within account number 02150211-6529-02190 by $2,065 and increase expenditures within account number 02150211-6529-02190 by $25,200.   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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-194 Grant Underground Electric and Communication Easement at the Northwest Corner of Clairville Road and State Highway 91 to Wisconsin Power and Light Company (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject area is on three separate parcels owned by the City of Oshkosh, located on the west side of Clairville Road, north of State Highway 91. The property is located in the Southwest Industrial Park and is envisioned to be sold and developed for industrial uses. The site is currently vacant and undeveloped. The surrounding area is predominantly agricultural with scattered rural single-family houses to the north, west, and south. To the east is the vacant City Industrial Park land and United Cooperative feed manufacturing. Wisconsin Power and Light Company is requesting this easement to expand its electric and communication facilities in exchange for releasing their solar lease rights on the area where the City's Rural II Basin is being constructed to the north of this property. A N A L Y SI SANALYSIS The proposed easement is located along the west side of the City's property. The easement is sized to be 90 feet wide by approximately 2,700 feet long and 243,000 square feet (5.58 acres) in area. The easement will allow Wisconsin Power and Light Company to access the property, install underground electric and communication lines, and maintain or replace its facilities as needed. The easement is subject to conditions and restrictions listed in the easement agreement. The City Attorney's Office is coordinating with the Public Works and Community Development Departments, and Wisconsin Power and Light Company, and has prepared a draft of the easement documents. The signed easement agreement will be recorded at the Winnebago County Register of Deeds upon approval by the Common Council. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested easement at the northwest corner of Clairville Road and State Highway 91 on April 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-194 Grant Easement - Clark Hill - Wi Power & Light 04/23/2024 24-194 RESOLUTION     CARRIED 7-0     PURPOSE: GRANT UNDERGROUND ELECTRIC AND COMMUNICATION EASEMENT AT THE NORTHWEST CORNER OF CLAIRVILLE ROAD AND STATE HIGHWAY 91 TO WISCONSIN POWER AND LIGHT COMPANY INITIATED BY : CITY OF OSHKOSH   PLAN COMMISSION RECOMMENDATION:  Approved       NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby grants underground electric and communication easements to Wisconsin Power and Light Company at the northwest corner of Clairville Road and State Highway 91, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same.   ITEM: GRANT UNDERGROUND ELECTRIC AND COMMUNICATION EASEMENT AT THE NORTHWEST CORNER OF CLAIRVILLE ROAD AND STATE HIGHWAY 91 TO WISCONSIN POWER AND LIGHT COMPANY Plan Commission Meeting of April, 2 2024. GENERAL INFORMATION Applicant/Owner: City of Oshkosh Actions Requested: The City of Oshkosh is requesting the granting of an underground electric and communication easement to Wisconsin Power and Light Company on City-owned land at the northwest corner of Clairville Road and State Highway 91. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject area is on three separate parcels owned by the City of Oshkosh, located on the west side of Clairville Road, north of State Highway 91. The property is located in the Southwest Industrial Park and is envisioned to be sold and developed with industrial uses. The site is currently vacant and undeveloped. The surrounding area is a predominantly agricultural with scattered rural single- family houses to the north, west and south. To the east is the vacant City Industrial Park land and United Cooperative feed manufacturing. Wisconsin Power and Light Company is requesting this easement to expand its electric and communication facilities in exchange for releasing their solar lease rights on the area where the City’s Rural II Basin will be constructed to the north of this property. ANALYSIS The proposed easement is located along the west side of the City’s property. The easement is sized to be 90 feet wide by approximately 2,700 feet long and 243,000 square feet (5.58 acres) in area. The easement continues off of City property to the west. The easement will allow Wisconsin Power and Light Company to access the property, install underground electric and communication lines and maintain or replace its facilities as needed. The easement is subject to conditions and restrictions listed in the easement agreement. The City Attorney’s Office is coordinating with the Public Works and Community Development Departments, and Wisconsin Power and Light Company, and has prepared a draft of the easement documents. The signed easement agreement will be recorded at the Winnebago County Register of Deeds upon approval by the Common Council. RECOMMENDATION/CONDITIONS Staff recommends approval of the granting of the proposed electric and communication easement at the northwest corner of Clairville Road and State Highway 91 to Wisconsin Power and Light Company as proposed. The Plan Commission recommended approval of the granting of the proposed electric and communication easement at the northwest corner of Clairville Road and State Highway 91 to Wisconsin Power and Light Company on April 2, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting the granting of an underground electric and communication easement to Wisconsin Power and Light Company on City-owned land at the northwest corner of Clairville Road and State Highway 91. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area is on three separate parcels owned by the City of Oshkosh. The property is located in the Southwest Industrial Park and is envisioned to be sold and developed with industrial uses. Wisconsin Power and Light Company is requesting this easement to expand its electric and communication facilities. This easement will allow Wisconsin Power and Light Company to access the property, install underground electric and communication lines, and maintain or replace its facilities as needed. The City Attorney’s Office is coordinating with the Public Works and Community Development Departments, and Wisconsin Power and Light Company, and has prepared a draft of the easement documents. Staff recommends approval of the granting of the proposed electric and communication easement. Mr. Kiefer opened up technical questions to staff. Mr. Kiefer opened the public hearing and asked if any members of the public wished to speak. Mr. Kiefer closed public comments. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Ulrich. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 7-0. LOT 1 CSM 6985 V. 1, P.6985 DOC. 1693741 LOT 2 CSM 6985 V. 1, P.6985 DOC. 1693741 LOT 3 CSM 6985 V. 1, P.6985 DOC. 1693741 LOT 2 CSM 4846 V. 1, P.4846 DOC. 1145318 LOT 3 CSM 4846 V. 1, P.4846 DOC. 1145318 S0°13'21"W 456.05' S89°46'39"E 90.00' S89°06'11"E 1329.37' S0°06'22"W 2691.40' N89°12'20"W 90.01' N89°06'11"W 1329.55' N0°13'21"E 545.00' S89°12'20"E 1334.71' N0°06'22"E 45.00' N89°12'20"W 1334.71' N0°06'22"E 2601.55' N89°06'11"W 1239.54' o o o o o o o o o o o o o o o o o o o o o o o o o o o ooo o oo o o o o o o o o o o o o o o PERMANENT ELECTRIC EASEMENT EXHIBIT A 0 300 600 PARCEL NO: 91334500000 NORTH 1/4 CORNER SECTION 31, T18N, R16E NORTHEAST CORNER SECTION 31, T18N, R16E CLAIRVILLE RD. S89°16'55"E 2673.54' SE-NE DATE: 7/19/2023 SW-NE NW-NE NE-NE NE-SENW-SE SE-SESW-SE STH 91 TRANSIT DR. CENTER 1/4 CORNER SECTION 31, T18N, R16E SOUTH 1/4 CORNER SECTION 31, T18N, R16E EAST 1/4 CORNER SECTION 31, T18N, R16E S0°13'21"W 2120.26' 45' 90' 90' CITY OF OSHKOSH TOWN OF ALGOMA ® ALLIANT ENERGY NW 1/4 - NE 1/4, SW 1/4 - NE 1/4, SE 1/4 - NE 1/4, NE 1/4 - SE 1/4, SE 1/4 - SE 1/4 SECTION 31, TOWNSHIP 18 NORTH, RANGE 16 EAST TOWN OF ALGOMA & CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN NSOUTHEAST CORNER SECTION 31, T18N, R16E PARCEL NO: 91334510000 PARCEL NO: 00203790407 PARCEL NO: 0020381 PARCEL NO: 002038001 TRANSIT DR C O M P A S S W A Y CLAIRVILLE RD ·$91 Oshkosh City Limit Oshkosh 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: 3/26/2024 1 in = 420 ft 1 in = 0.08 mi¯NORTHWEST CORNER OFCLAIRVILLE RD & STATE HWY 91 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 PRESER V E D R MORNINGSTAR LA G L O B A L P K W Y TRANSIT DR A TL A S A V C O M P A SS W A Y COMPASSWAY W 20TH AV CLAIRVILLE RD ·YTNUOC"K ·$91 Oshkosh City Limit Oshkosh City Limit HI HI-PD I I I MR-12 MR-12-PD MR-12-PD NMU RH SR-3 SR-5 SR-5 SR-5 SR-5SR-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: 3/26/2024 1 in = 800 ft 1 in = 0.15 mi¯NORTHWEST CORNER OFCLAIRVILLE RD & STATE HWY 91 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 TRANSIT DR C O M P A S S W A Y CLAIRVILLE RD ·$91 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: 3/26/2024 1 in = 400 ft 1 in = 0.08 mi¯NORTHWEST CORNER OFCLAIRVILLE RD & STATE HWY 91 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-195 Approve Professional Services Agreement from Kueny Architects, L.L.C. for Architectural and Engineering Services for GO Transit Downtown Transit Center Phase II Improvements ($172,120.00) B A C KGRO UN DBACKGROUND The city requested proposals from architectural/engineering firms to provide architectural and engineering services for the GO Transit Downtown Transit Center Phase II Improvements. These improvements will include the construction of a second bus boarding platform and a new passenger facility with public toilets, and will be adjacent to the current transit center located at 110 Pearl Avenue. This project will address the space/comfort inadequacies of the current platform. The Common Council allocated $4M for this project in the 2024 CIP of which the Federal Transit Administration and Wisconsin Department of Transportation have allocated $3.6M. A N A L Y SI SANALYSIS An RFP for professional services for this project was issued on January 9, 2024. The RFP was sent to known architectural and engineering services consulting firms and posted on DemandStar. Proposals were due March 1, 2024. Three firms submitted proposals. The proposals were scored against the stated RFP criteria that included key personnel/capacity, technical proposal, past performance, and familiarity with and understanding of Federal Transit Authority requirements. A cross-functional evaluation team of city staff evaluated the proposals. Based on the evaluation process, it was determined that the proposal from Kueny Architects met or exceeded all the criteria identified in the RFP. Specifically, the committee felt Kueny excelled in the criteria of prior extensive experience in both design and construction administration of transit-funded projects. Additionally, Kueny also completed the recent Phase I of the GO Transit Downtown Transit Center in recent years and has a strong understanding of GO Transit facilities and future needs. Kueny Architects have worked with the City of Oshkosh in providing architectural and engineering services for various projects, including our GO Transit Downtown Transit Center, the Parks Department Administration/Operations Building, and the Public Works Field Operations Center. Staff have been very complimentary of Kueny's performance on these projects and their attention to detail, familiarity with city requirements/processes, and their ability to keep projects on schedule and under budget - all within a very competitive fee structure. In consideration of these factors, staff recommends Kueny be engaged to provide the architectural and construction management services for the Phase II project. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of Kueny's cost proposal for these services is $172,120.00. These services will be charged to A/N#: 05111728 7214 11112 (Buildings and Building Improvements- Phase II Downtown Transit Center Renovation Project). GO Transit secured Federal Transportation Administration/WisDOT grants that will reimburse a minimum of 80% of these costs. 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 Kueny Architects, L.L.C, 10505 Corporate Drive, Suite 100, Pleasant Prairie, WI, 53158 for architectural and engineering services for GO Transit Downtown Transit Center Phase II Improvements for $172,120.00. If you have any questions on this recommendation, please contact Transportation Director Jim Collins or me. A t t a chment sAttachments RES 24-195 04/23/2024 24-195 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT FROM KUENY ARCHITECTS, L.L.C. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR GO TRANSIT DOWNTOWN TRANSIT CENTER PHASE II IMPROVEMENTS ($172,120.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the city requested proposals from architectural/engineering firms to provide architectural and engineering services for the GO Transit Downtown Transit Center Phase II Improvements; and     WHEREAS, staff reviewed the proposals and the proposal from Kueny Architects met or exceeded all criteria that were identified within the request for proposals and Kueny Arhitects has worked with the City of Oshkosh for several years in providing architectural and engineering services for various projects; and     WHEREAS, Section 12-16 of our Municipal Code allows for the waiving of formal competitive bidding for specialized professional services such as architectural and engineering 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 Kueny Architects, L.L.C. for Architectural and Engineering Services for GO Transit Downtown Transit Center Phase II Improvements in the amount of one hundred seventy-two thousand one hundred twenty dollars ($172,120.00). Acct. No.     05111728 7214 11112    Buildings and Building Improvements- Phase II Downtown Transit Center Renovation Project     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-196 Approve Purchase of Water Meter Base Station from Core and Main for Water Utility Division ($40,500.00) B A C KGRO UN DBACKGROUND On September 13, 2006 the Common Council approved waiving bids for a new Sensus water meter reading system utilizing wireless technology. The Sensus water meters track residential and commercial water consumption by transmitting a usage report on an hourly basis to the system's infrastructure. This system included Sensus water meters/transmitters and three flex net base stations. Equipment components of the system are replaced as they reach the end of their service life. The base stations have a useful service life of 10-12 years based on technology upgrades. The first base station was replaced in the 2022 CIP. The Common Council allocated $40,000 in the 2024 CIP for the replacement of the second base station. The third base station is scheduled to be replaced in the 2026 CIP. This memo is to report the purchase of the second base station. A N A L Y SI SANALYSIS The Water Utility Division secured a proposal from Core and Main, the exclusive authorized distributor for Sensus components in the State of Wisconsin, for a proposal to replace the second base station. Purchasing has confirmed this purchase is in accordance with Section 12-11 (sole source/standardization exception) of the Municipal Code. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of the second base station is $40,500.00. The equipment will be purchased from A/N#: 03221810 7204 65015 (Machinery and Equipment- Water Meter Replacement). Water Distribution and Finance have confirmed there are sufficient funds in this account to address the $500.00 overage. REC O M M E N D A TI ONRECOMMENDATION Section 12-11 of the Municipal Code provides that, subject to approval of the City Manager, purchases may be made without following a formal competitive bidding process when the purchase is from only one source of supply or when standardization or compatibility is the overriding consideration. In accordance with Section 12-11 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve this Sensus base station purchase from Core & Main, 15655 West Rogers Drive, New Berlin, WI, 53151, in the amount of $40,500.00. A t t a chment sAttachments RES 24-196 04/23/2024 24-196 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PURCHASE OF WATER METER BASE STATION FROM CORE AND MAIN FOR WATER UTILITY DIVISION ($40,500.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Water Utility Division has standardized upon a Sensus water meter reading system and it is necessary to replace base stations to maintain service; and     WHEREAS, the Water Utility Division secured a proposal from Core and Main, the exclusive authorized distributor for Sensus components in the State of Wisconsin, for the replacement of one of the city’s meter base stations in 2024; and     WHEREAS, section 12-11 of the Oshkosh Municipal Code allows for the purchase of materials or equipment without following formal bidding or quotations processes when standardization is required and when there is only one source of supply of such materials or equipment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to purchase water meters and transmitters from:          CORE & MAIN          15655 West Rogers Drive         New Berlin, WI, 53151                         Total:             $40,500.00   BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same.  Money for this purpose is hereby appropriated from:      Acct. No. 03221810 7204 65015    Machinery and Equipment- Water Meter Replacement     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-197 Award Bid to Gartman Mechanical Services Inc. for Roof Top Unit Replacement for the Water Filtration Plant ($23,930.00) B A C KGRO UN DBACKGROUND The Water Filtration Plant 2024 Operating Budget allocated $40,000.00 to replace one of the roof top HVAC units on the Water Filtration Plant. This particular unit provides the climate control for the motor control center (MCC) room for the plant. The current unit is 25 years old and has reached the end of its useful service life. Fox Valley MEP, Inc. was engaged to provide design services, bid specifications, and construction oversight for this project. A N A L Y SI SANALYSIS Working with Fox Valley MEP and Water Filtration Plant staff, Purchasing prepared bid specifications for this project. The bid was advertised in the local newspaper and posted on Onvia Demandstar. Bids were due April 11, 2024. The bid tab is attached. Staff has concluded the low bid from Gartman Mechanical Services Inc. met all the minimum bid requirements. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this bid is $23,930.00. This bid, added to Fox Valley MEP, Inc's engineering fee of $2,000.00 brings the total fiscal impact of this project to $25,930.00. This project will be charged to the Water Filtration Plant's 2024 Operating Budget A/N#: 05411865 6550 08651 (Minor Equipment- Maintenance- Structures and Improvements). REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council award this bid to Gartman Mechanical Services Inc. for $23,930.00. A t t a chment sAttachments RES 24-197 Bid Tab RTU Replacement WFP 4-23-24 04/23/2024 24-197 RESOLUTION     CARRIED 7-0     PURPOSE: AWARD BID TO GARTMAN MECHANICAL SERVICES INC. FOR ROOF TOP UNIT REPLACEMENT FOR THE WATER FILTRATION PLANT ($23,930.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh has heretofore advertised for bids to replace one of the roof top HVAC units on the Water Filtration Plant; and      WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:          GARTMAN MECHANICAL SERVICES, INC.         520 W. South Park Ave         Oshkosh, WI 54902                                 Total Bid:     $23,930.00   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 the same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Acct. No.    05411865 6550 08651    Minor Equipment- Maintenance- Structures and Improvements     BID TAB ROOF TOP UNIT REPLACEMENT – WATER FILTRATION PLANT THURSDAY APRIL 11, 2024 10:00 A.M. BIDDER BID PREQUAL BID BOND AMA Heating and A/C Inc 710 Lombardi Avenue Green Bay WI 54304 $27,521.00 YES YES August Winter and Sons Inc 2323 N Roemer Road Appleton WI 54911 $24,464.00 YES YES Gartman Mechanical 520 W South Park Avenue Oshkosh WI 54902 $23,930.00 YES N/A Mechanical Inc dba Helm Group S84W18852 Enterprise Drive Muskego WI 53150 $38,990.00 YES YES Mechanical Technologies 701 Morley Drive Green Bay WI 54303 $27,407.00 YES YES 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-198 Award Bid for Public Works Contract No. 24-14 to Vinton Construction Company for Nicolet Avenue Asphalt Construction ($333,583.69) B A C KGRO UN DBACKGROUND The purpose of this project is to reconstruct the asphalt pavement on Nicolet Avenue, from Bowen Street to Shorewood Drive. Sanitary sewer and laterals, water main and laterals, and storm sewer and laterals will be installed, replaced, or repaired, as needed, prior to placing the asphalt pavement. A N A L Y SI SANALYSIS Engineering staff reviewed three (3) bids. The low Bid was received from Vinton Construction Company of Two Rivers, Wisconsin. FI SC A L I M P A CTFISCAL I M P A C T Funding for the Nicolet Avenue Asphalt Construction Project is in the 2024 Capital Improvement Program (CIP) (Account No. 03210410-6801-04025/Contract Control-Paving-Annual -- Asphalt Paving, 03210410- 6802-04025/Contract Control-Sanitary Sewer- Annual -- Asphalt Paving, and 03210410-6804-04025/Contract Control-Storm Sewer- Annual -- Asphalt Paving). Following is a summary of the available funds 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. Special Assessments will be levied on adjoining property owners per the City's Special Assessment Policy. CIP Section CIP Funds Budgeted Estimated Total Construction Cost Streets $800,000 $304,582 Storm Sewer $75,000 $64,467 Sanitary Sewer $50,000 $24,759 Totals $925,000 $393,808 REC O M M E N D A TI ONRECOMMENDATION I recommend award to the low bidder, Vinton Construction Company. in the amount of $333,583.69. A t t a chment sAttachments RES 24-198 24-14 bid tab 04/23/2024 24-198 RESOLUTION     CARRIED 7-0     PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 24-14 TO VINTON CONSTRUCTION COMPANY FOR NICOLET AVENUE ASPHALT CONSTRUCTION ($333,583.69) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh has heretofore advertised for bids for Nicolet Avenue Asphalt Construction; and     WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:     Vinton Construction Company     PO Box 137     Two Rivers, WI 54241                                        Total Bid:      $333,583.69   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 Nos.    03210410-6801-04025    Contract Control-Paving-Annual – Asphalt Paving                    03210410-6802-04025    Contract Control-Sanitary Sewer- Annual – Asphalt Paving                    03210410-6804-04025    Contract Control-Storm Sewer- Annual – Asphalt Paving     Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $333,583.69 $437,747.30 1010 Clearing; complete as specified Stations 1.00 $2,100.00 $2,100.00 $2,000.00 $2,000.00 1020 Grubbing; complete as specified Stations 1.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 1050 Mobilization; complete as specified Lump Sum 1.00 $20,000.00 $20,000.00 $90,000.00 $90,000.00 1110 Removing curb and gutter; complete as specified Linear Feet 330.00 $10.00 $3,300.00 $14.62 $4,824.60 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 720.00 $1.20 $864.00 $1.29 $928.80 1200 Unclassified excavation; complete as specified Cubic Yards 2,050.00 $19.75 $40,487.50 $15.02 $30,791.00 1220 Excavation special (paving); complete as specified Tons 300.00 $0.01 $3.00 $11.07 $3,321.00 1350 Pavement ties; complete as specified Each 90.00 $8.00 $720.00 $12.00 $1,080.00 1360 Adjust manholes and inlets; complete as specified Each 17.00 $450.00 $7,650.00 $472.27 $8,028.59 1370 Turf restoration; complete as specified Square Yards 392.00 $15.75 $6,174.00 $8.00 $3,136.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 75.00 $10.00 $750.00 $49.00 $3,675.00 1440 30" curb and gutter; 7"; with 5" CABC and grading; complete as specified Linear Feet 340.00 $48.00 $16,320.00 $46.75 $15,895.00 1460 Sidewalk curb; complete as specified Linear Feet 25.00 $35.00 $875.00 $40.00 $1,000.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 400.00 $10.50 $4,200.00 $8.35 $3,340.00 Vinton Construction Company PO Box 137 Two Rivers, WI 54241 Northeast Asphalt, Inc. I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 1 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Vinton Construction Company PO Box 137 Two Rivers, WI 54241 Northeast Asphalt, Inc. 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 440.00 $12.50 $5,500.00 $10.32 $4,540.80 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 40.00 $35.00 $1,400.00 $35.00 $1,400.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 19.00 $6.00 $114.00 $10.00 $190.00 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 130.00 $0.01 $1.30 $0.10 $13.00 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 130.00 $0.01 $1.30 $0.20 $26.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 2.00 $0.01 $0.02 $25.00 $50.00 1650 Locate existing property monuments; complete as specified Each 3.00 $300.00 $900.00 $300.00 $900.00 1652 Replace existing property monuments; complete as specified Each 3.00 $50.00 $150.00 $50.00 $150.00 1700 Sawing existing pavement; complete as specified Linear Feet 160.00 $3.50 $560.00 $2.44 $390.40 1801 Base aggregate dense; 1- 1/4"; complete as specified Tons 1,150.00 $14.50 $16,675.00 $18.40 $21,160.00 1802 Base aggregate dense; 3"; complete as specified Tons 1,900.00 $14.50 $27,550.00 $18.19 $34,561.00 1900 Tack coat; complete as specified Gallons 360.00 $2.78 $1,000.80 $2.75 $990.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 2 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Vinton Construction Company PO Box 137 Two Rivers, WI 54241 Northeast Asphalt, Inc. 1901 HMA Pavement LT; complete as specified Tons 1,300.00 $75.85 $98,605.00 $75.10 $97,630.00 1903 HMA cold weather paving up-charge; complete as specified Tons 200.00 $0.01 $2.00 $0.01 $2.00 1960 Prepare foundation for asphaltic paving; complete as specified Lump Sum 1.00 $7,500.00 $7,500.00 $9,450.00 $9,450.00 2004 Furnish and install 12" RCP Class III storm sewer; complete as specified Linear Feet 65.00 $120.45 $7,829.25 $100.00 $6,500.00 2010 Furnish and install 18" RCP Class III storm sewer; complete as specified Linear Feet 150.00 $108.55 $16,282.50 $305.53 $45,829.50 2142 Furnish and install 18" RCP Class III apron endwall with joint ties; complete as specified Each 1.00 $2,355.00 $2,355.00 $3,000.00 $3,000.00 2213 Furnish and install standard storm sewer inlet manhole (4' diameter); complete as specified Vertical Feet 4.00 $1,035.00 $4,140.00 $1,300.00 $5,200.00 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 2.00 $3,500.00 $7,000.00 $2,700.00 $5,400.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 12.00 $135.00 $1,620.00 $70.00 $840.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 12.00 $5.00 $60.00 $1.00 $12.00 2512 Furnish; install; maintain; and remove stone tracking pad; complete as specified Each 1.00 $0.01 $0.01 $1,259.85 $1,259.85 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 3 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Vinton Construction Company PO Box 137 Two Rivers, WI 54241 Northeast Asphalt, Inc. 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 15.00 $22.00 $330.00 $10.00 $150.00 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 40.00 $12.00 $480.00 $8.00 $320.00 2524 Furnish; install; maintain; and remove dewatering tank system; complete as specified Each 1.00 $0.01 $0.01 $1,800.00 $1,800.00 2526 Furnish; install; maintain; and remove turbidity barrier; complete as specified Each 1.00 $2,600.00 $2,600.00 $2,000.00 $2,000.00 2632 Furnish and install Class I; Urban; Type A erosion control mat; complete as specified Square Yards 60.00 $3.00 $180.00 $2.00 $120.00 2648 Furnish and install medium rip-rap with filter fabric; complete as specified Square Yards 30.00 $80.00 $2,400.00 $100.00 $3,000.00 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 200.00 $15.60 $3,120.00 $25.00 $5,000.00 2810 Abandon storm sewer manholes and inlets; complete as specified Each 2.00 $620.00 $1,240.00 $500.00 $1,000.00 2850 Connect to existing storm sewer main; complete as specified Each 3.00 $485.00 $1,455.00 $1,000.00 $3,000.00 2950 Excavation special (storm); complete as specified Tons 100.00 $0.01 $1.00 $13.74 $1,374.00 3002 Furnish and install 10" sanitary sewer (relay); complete as specified Linear Feet 15.00 $510.00 $7,650.00 $200.00 $3,000.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 4 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Vinton Construction Company PO Box 137 Two Rivers, WI 54241 Northeast Asphalt, Inc. 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 4.00 $455.00 $1,820.00 $735.32 $2,941.28 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 1.00 $370.00 $370.00 $527.48 $527.48 3302 Furnish and install connection to existing 10" sanitary sewer mains; complete as specified Each 4.00 $2,062.00 $8,248.00 $1,000.00 $4,000.00 Bid Total:$333,583.69 $437,747.30 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 5 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Section 1 1010 Clearing; complete as specified Stations 1.00 1020 Grubbing; complete as specified Stations 1.00 1050 Mobilization; complete as specified Lump Sum 1.00 1110 Removing curb and gutter; complete as specified Linear Feet 330.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 720.00 1200 Unclassified excavation; complete as specified Cubic Yards 2,050.00 1220 Excavation special (paving); complete as specified Tons 300.00 1350 Pavement ties; complete as specified Each 90.00 1360 Adjust manholes and inlets; complete as specified Each 17.00 1370 Turf restoration; complete as specified Square Yards 392.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 75.00 1440 30" curb and gutter; 7"; with 5" CABC and grading; complete as specified Linear Feet 340.00 1460 Sidewalk curb; complete as specified Linear Feet 25.00 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 400.00 Unit Price Extension $1,441,640.24 $3,000.00 $3,000.00 $2,200.00 $2,200.00 $44,326.80 $44,326.80 $6.79 $2,240.70 $0.77 $554.40 $35.76 $73,308.00 $7.15 $2,145.00 $12.00 $1,080.00 $900.00 $15,300.00 $8.95 $3,508.40 $51.81 $3,885.75 $50.89 $17,302.60 $40.00 $1,000.00 $8.88 $3,552.00 MCC, Inc. I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 6 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 440.00 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 40.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 19.00 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 130.00 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 130.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 2.00 1650 Locate existing property monuments; complete as specified Each 3.00 1652 Replace existing property monuments; complete as specified Each 3.00 1700 Sawing existing pavement; complete as specified Linear Feet 160.00 1801 Base aggregate dense; 1- 1/4"; complete as specified Tons 1,150.00 1802 Base aggregate dense; 3"; complete as specified Tons 1,900.00 1900 Tack coat; complete as specified Gallons 360.00 Unit Price Extension MCC, Inc. $10.88 $4,787.20 $35.00 $1,400.00 $10.00 $190.00 $0.10 $13.00 $0.20 $26.00 $25.00 $50.00 $871.20 $2,613.60 $1,000.00 $3,000.00 $1.85 $296.00 $27.53 $31,659.50 $28.87 $54,853.00 $9.14 $3,290.40 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 7 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity 1901 HMA Pavement LT; complete as specified Tons 1,300.00 1903 HMA cold weather paving up-charge; complete as specified Tons 200.00 1960 Prepare foundation for asphaltic paving; complete as specified Lump Sum 1.00 2004 Furnish and install 12" RCP Class III storm sewer; complete as specified Linear Feet 65.00 2010 Furnish and install 18" RCP Class III storm sewer; complete as specified Linear Feet 150.00 2142 Furnish and install 18" RCP Class III apron endwall with joint ties; complete as specified Each 1.00 2213 Furnish and install standard storm sewer inlet manhole (4' diameter); complete as specified Vertical Feet 4.00 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 2.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 12.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 12.00 2512 Furnish; install; maintain; and remove stone tracking pad; complete as specified Each 1.00 Unit Price Extension MCC, Inc. $119.72 $155,636.00 $5.00 $1,000.00 $13,278.95 $13,278.95 $120.00 $7,800.00 $600.00 $90,000.00 $3,750.00 $3,750.00 $1,200.00 $4,800.00 $3,850.00 $7,700.00 $115.00 $1,380.00 $15.00 $180.00 $1,731.14 $1,731.14 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 8 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 15.00 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 40.00 2524 Furnish; install; maintain; and remove dewatering tank system; complete as specified Each 1.00 2526 Furnish; install; maintain; and remove turbidity barrier; complete as specified Each 1.00 2632 Furnish and install Class I; Urban; Type A erosion control mat; complete as specified Square Yards 60.00 2648 Furnish and install medium rip-rap with filter fabric; complete as specified Square Yards 30.00 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 200.00 2810 Abandon storm sewer manholes and inlets; complete as specified Each 2.00 2850 Connect to existing storm sewer main; complete as specified Each 3.00 2950 Excavation special (storm); complete as specified Tons 100.00 3002 Furnish and install 10" sanitary sewer (relay); complete as specified Linear Feet 15.00 Unit Price Extension MCC, Inc. $12.00 $180.00 $8.40 $336.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $2.00 $120.00 $27,637.36 $829,120.80 $15.00 $3,000.00 $760.00 $1,520.00 $1,800.00 $5,400.00 $15.00 $1,500.00 $450.00 $6,750.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 9 of 10 4/15/2024 Contract 24-14 - Nicolet Avenue Asphalt Construction (#9037584) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 4.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 1.00 3302 Furnish and install connection to existing 10" sanitary sewer mains; complete as specified Each 4.00 Bid Total: Unit Price Extension MCC, Inc. $725.00 $2,900.00 $475.00 $475.00 $2,500.00 $10,000.00 $1,441,640.24 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-14 Nicolet Ave\Administrative\Contract Information\24-14 Bid Tab_4-15-24 Page 10 of 10 4/15/2024 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-199 Award Bid for Public Works Contract No. 24-16 to Scott Construction, Inc. for Asphalt Preservation Program ($328,782.60) B A C KGRO UN DBACKGROUND The purpose of this Project is to resurface about 6.8 miles of asphaltic pavement streets within the City of Oshkosh. This work is planned for streets with a PASER rating of seven (7) or more on a scale of one (1) to ten (10) and will prolong the life of the asphalt pavements. A N A L Y SI SANALYSIS Engineering staff reviewed two (2) bids. The low bid was received from Scott Construction, Inc. of Lake Delton, Wisconsin. FI SC A L I M P A CTFISCAL I M P A C T Funding for the Asphalt Pavement Preservation Program is in the 2024 Capital Improvement Program (CIP) (Account No. 02240410-7218-15241/ARPA -- DPW-Road Improvement-ARPA -- Infrastruc/CIP -2022). Following is a summary of the available funds 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. Special Assessments will be levied to adjoining property owners per the City's Special Assessment Policy. CIP Section CIP Funds Budgeted Estimated Total Construction Cost ARPA Funds $365,000 $359,123 Totals $365,000 $359,123 REC O M M E N D A TI ONRECOMMENDATION I recommend awarding to the low bidder, Scott Construction, Inc. in the amount of $328,782.60. A t t a chment sAttachments RES 24-199 24-16 bid tab 04/23/2024 24-199 RESOLUTION     CARRIED 7-0     PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 24-16 TO SCOTT CONSTRUCTION, INC. FOR ASPHALT PRESERVATION PROGRAM ($328,782.60) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh has heretofore advertised for bids for Asphalt Preservation Program; and     WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:     SCOTT CONSTRUCTION, INC.     PO Box 340     Lake Delton, WI 53940                                           Total Bid:    $328,782.60   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.  02240410-7218-15241    ARPA – DPW-Road Improvement-ARPA – Infrastruc/CIP -2022)     Contract 24-16 - Asphalt Preservation Program (#9037587) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 04/15/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $328,782.60 $349,579.25 1050 Mobilization; complete as specified Lump Sum 1.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 1923 Rapid Penetrating Emulsion; complete as specified Square Yards 8,160.00 $0.98 $7,996.80 $1.23 $10,036.80 1924 Seal coat with sand; complete as specified Square Yards 17,780.00 $1.15 $20,447.00 $1.23 $21,869.40 1925 Pavement chip seal; complete as specified Square Yards 76,380.00 $2.27 $173,382.60 $2.47 $188,658.60 1926 Double pavement chip seal; complete as specified Square Yards 6,260.00 $4.33 $27,105.80 $4.92 $30,799.20 1927 Crack leveling; complete as specified Square Yards 1,740.00 $27.50 $47,850.00 $24.85 $43,239.00 1928 Crack rout and seal; complete as specified Linear Feet 28,885.00 $1.24 $35,817.40 $1.25 $36,106.25 1929 Fog seal; complete as specified Square Yards 33,740.00 $0.45 $15,183.00 $0.50 $16,870.00 Bid Total:$328,782.60 $349,579.25 Scott Construction, Inc Fahrner Asphalt Sealers, LLC PO Box 340 Lake Delton, WI 53940 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-16 Asph Preserve Prog\Administrative\Contract Information\24-16 Bid Tab_4-18-24 Page 1 of 1 4/15/2024 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-200 Adopt Updated Lead Service Line Replacement Policy B A C KGRO UN DBACKGROUND The City of Oshkosh (City) first adopted a mandatory lead water service line replacement ordinance and related policy in 2017. Since then, the policy and ordinance have been updated to reflect new regulations and guidance from the United States Environmental Protection Agency and the Wisconsin Department of Natural Resources (WDNR) and to increase the maximum amount of financial assistance provided to property owners. From 2017 through 2023, the WDNR funding to the City for financially assisting property owners was principal forgiveness loans and the requirements were fairly stable. Beginning in 2024, the source of funding is changing at the Federal level and how the City can use the funding to assist property owners is changing. A N A L Y SI SANALYSIS The Common Council recently approved changes to the current policy to be consistent with the new loan from the WDNR. These changes included increasing the maximum financial assistance amount for property owners to $2,700, establishing a loan program with up to ten (10) years repayment between the City and the property owner to provide the financial assistance, and utilizing Community Development Block Grants (CDBG) through the City's Community Development Department to provide additional financial assistance for low- to moderate-income families. The proposed changes now are to clarify who is eligible for additional financial assistance of up to 100% of the cost of the private-side lead service line replacement. Due to the limited amount of funding available to be provided by CDBG, the Department of Public Works and Community Development Department recommend revising the policy to only provide 100% financial assistance to those who qualify as "Very Low Income" per the U.S. Department of Housing and Urban Development. This change will increase the likelihood of 100% financial assistance being available to those who qualify. All other property owners are still eligible for the 50% financial assistance and loan program to replace their lead water service line. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact to the City related to approving the amendment to the program. Financial Assistance is only provided when a designated funding source is available. REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the amendment to the Lead Service Line Replacement Policy. A t t a chment sAttachments RES 24-200 Amended LSLR policy 04/23/2024 24-200 RESOLUTION     CARRIED 7-0     PURPOSE: ADOPT UPDATED LEAD SERVICE LINE REPLACEMENT POLICY INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, The City of Oshkosh adopted a Lead Service Line Replacement Policy by Resolution 24-158 on March 26, that policy included provisions for up to 100% financial assistance for low to moderate income families; and     WHEREAS, due to the limited amount of CDBG funding available to support this program staff recommends revising the policy to provide 100% financial assistance to only those families meeting the definition of very low income under the CDBG program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached "Lead Service Line Replacement Policy" incorporating the change to provide 100% funding eligibility for very low income families under the CDBG program is hereby approved and the proper City officials are hereby authorized and directed to take those steps necessary to carry out the City's responsibilities under the Policy. BE IT FURTHER RESOLVED that this approval specifically includes the authorization to enter into Promissory Notes and Covenants with Property Owners for implementation of a Lead Service Pipe Replacement Financial Assistance Program in compliance with the City’s loan documents and this Policy. BE IT FURTHER RESOLVED that this Policy repeals and replaces all prior Policies and versions of any policy or procedure covering the same subject matter and shall be effective upon adoption.   I:\Engineering\Lead Service Lateral Replacement\2024 Program\Final Documents\Amended LSLR Policy_4- 18-24.docx Page 1 of 6 Lead Service Line Replacement Policy Contents 1. Acronyms and Definitions 2. Background and Purpose 3. Authorities 4. Replacement Requirements 5. Notice 6. Exception 7. Responsibilities of the City 8. Responsibilities of Private-Side LSL Owners 9. Financing Private-Side LSLR by City 1. Acronyms and Definitions “Child-care facility” shall mean any state-licensed or county-certified child-care facility including, but not limited to, licensed family childcare, licensed group centers, licensed day camps, certified school-age programs, and Head Start programs. “City” shall mean City of Oshkosh. “Confirmed water sample test” shall mean a tap water analysis completed after a prior analysis that indicated lead levels at the United States Environment Protection Agency (USEPA) action level, and conducted in accordance with the Lead and Copper Rule, with Chapter NR 809.547, Wis. Adm. Code., and with instructions provided by the City. “Contractor” shall mean a person, firm, corporation, or other entity pre-qualified by the City of Oshkosh to complete private side lead service line replacements. “Federal Safe Drinking Water Act” shall mean 42 U.S.C.A. Sec. 300f-300j-26. “GIS” shall mean Geographic Information System. “High-risk lead service” shall mean any lead water service line where a confirmed water sample test of a customer’s tap water reveals a lead concentration at or above the USEPA action level. I:\Engineering\Lead Service Lateral Replacement\2024 Program\Final Documents\Amended LSLR Policy_4- 18-24.docx Page 2 of 6 “Lead and Copper Rule” (LCR) shall mean the rule created by the USEPA and adopted by the Wisconsin Department of Natural Resources (WDNR) in response to the passage of the Safe Drinking Water Act, which provides maximum contaminant-level goals and national primary drinking water regulations for controlling lead and copper in drinking water including approved corrosion-control treatment techniques, lead service line replacement, and public education. The rule may be found in 56 FR 26460, 40 CFR part 141.80-141.90, and Chapter NR 809.541-NR809.55, Wis. Adm. Code. “Lead Service Line” (LSL) shall mean (i) all or a portion of a water service line constructed of lead, and/or (ii) all or a portion of a water service line constructed of galvanized material that is or was downstream of lead. The term includes both private-side water service lines and public-side water service lines. “Lead Service Line Replacement” (LSLR) shall mean full replacement of an LSL. “Licensed Plumber” shall mean a person, firm, corporation, or other entity licensed to perform plumbing work in the City by the State of Wisconsin. “Ordinance” shall mean City of Oshkosh Municipal Code, Chapter 20 – Plumbing and /or Chapter 28 - Water. “ppb” shall mean parts per billion. “Private-side water service line” (Private-side) shall mean the water pipe running from the customer’s meter to the curb stop, which is the Water Utility shut-off valve. This portion is owned by the property owner and is the responsibility of the property owner to maintain. “Public-side water service line” (Public-side) shall mean the water pipe running from the City’s water main to and including the curb stop, which is the Water Utility shut-off valve. “SDWLP” shall mean the Safe Drinking Water Loan Program. “water service line” shall mean the pipe that connects the water main to the customer’s meter. “Water Utility” shall mean the City of Oshkosh public water system, also known as Oshkosh Water Utility. 2. Background and Purpose The City has several thousand Lead Service Lines (LSLs) located on both public and private property. The Federal Lead and Copper Rule (LCR) under the Safe Drinking Water Act requires that samples taken at customers’ taps have less than fifteen (15) parts per billion lead. To comply with the LCR, the City controls LSL corrosion with the addition of a phosphate-based corrosion inhibitor and a pH adjustment chemical at the water treatment plant. I:\Engineering\Lead Service Lateral Replacement\2024 Program\Final Documents\Amended LSLR Policy_4- 18-24.docx Page 3 of 6 Recent scientific studies, proposed changes in LCR sampling procedures, and incidents of elevated lead levels in public water systems have driven regulators and municipalities to reconsider LCR requirements, regulatory compliance, LSL replacement policies, and public communication about lead and drinking water. Prior to 2017, the City had replaced the public portion of LSLs in conjunction with water main replacements; however, the corresponding private-side portions of the LSLs were not required to be replaced. To reduce the potential exposure to lead in drinking water, the City adopted revisions to the City of Oshkosh Municipal Code Chapter 20 – Plumbing to make full lead water service line replacement mandatory. Wisconsin regulations prohibit the use of water utility funding on private property. This policy describes how Lead Service Line Replacement (LSLR) requirements in the Municipal Code will be implemented and how homeowners may receive financial assistance for LSL replacement. 3. Authorities The authority for implementation of the policy are Federal, State, and local regulations described in the following subsections: Federal Safe Drinking Water Act (SDWA). The SDWA was enacted into law in 1974 to protect the quality of drinking water in the United States. This law gave the USEPA authority to set drinking water quality standards and requires all owners and operators of public water systems to meet these standards. In 1991, USEPA published the Federal Lead and Copper Rule to control lead and copper in drinking water. Wisconsin Administrative Code Chapter NR 809—Safe Drinking Water. The USEPA has designated the Wisconsin Department of Natural Resources as the “Approval Authority” responsible for oversight of implementation of the SDWA and its rules and amendments in the state of Wisconsin. This code generally repeats the Federal lead and copper regulations. City of Oshkosh Municipal Code (Ordinance). The LCR gives public water systems authority and responsibility to implement necessary local regulations. Provisions in Chapter 20 and Chapter 28 of the Municipal Code apply to LSLR and form the basis for the LSLR Policy, including Section 20-13 Lead Service Line Replacement, Section 20-14 Penalties, and Section 28-10 Private Side Lead Service Line Replacement Financing. 4. Replacement Requirements The LSL shall be replaced whenever any of the following occurs: A. A leak or failure has been discovered on either the private- or public-side of the LSL. B. A portion of an LSL is replaced or repaired. I:\Engineering\Lead Service Lateral Replacement\2024 Program\Final Documents\Amended LSLR Policy_4- 18-24.docx Page 4 of 6 C. A request is made by a property owner to replace the private-side LSL. The remaining lead portion of the water service line shall be completely replaced within one hundred eighty (180) days of any repairs. No permanent repairs to the lead portion of a water service line shall be allowed. 5. Notice In the event of a water service line leak, failure, or emergency replacement of the public-side service, the City shall provide written notice to the property owner that replacement of the private-side LSL is required within one hundred eighty (180) days of the notice. In the event of a planned replacement of the public-side service, the City shall provide written notice of the private-side LSL replacement requirement to the property owner at least thirty (30) days prior to the commencement of the planned replacement of the public-side LSL. In the event of a water service line leak, failure, or emergency replacement of the private-side LSL, the City is required to replace the public-side LSL within one hundred eighty (180) days of the private-side LSL being completed. Please note other timelines may be required to qualify for financial assistance. 6. Exception The City may, at its discretion, grant a temporary exception to Section 4, provided that doing so will not create a threat to the health, safety, or welfare of the public. When considering exceptions, the City may look at factors including, but not limited to: scheduled replacement and/or whether the lateral is in service, as well as any other factors that may be relevant. The maximum time extension shall be one (1) additional year beyond the one hundred eighty (180) days allowed. 7. Responsibilities of the City The City shall: A. Create LSL and LSLR database. B. Create a voluntary LSL replacement list based upon requests from property owners. C. Prioritize replacement of LSLs to maximize efficient use of public funds and minimize potential risks to public health by replacing LSLs in conjunction with water main replacement projects; replacing LSLs at child-care facilities, schools, and locations with high-risk lead services; replacing LSLs from approved property owner requests; and replacing LSLs from completed water main projects where the private-side LSLs were not replaced. D. Complete the City’s home inspection form or provide form to Licensed Plumber(s). E. For planned LSLRs as part of City water main replacement projects, the City shall provide information to private property owners regarding the property owners’ responsibilities and resources that may be useful in meeting those responsibilities. I:\Engineering\Lead Service Lateral Replacement\2024 Program\Final Documents\Amended LSLR Policy_4- 18-24.docx Page 5 of 6 F. When funds are available to subsidize private-side LSLR and the LSLR meets the eligibility criteria, the City shall: a. Provide to private property owners private-side LSLR financial assistance in accordance with Section 9 of this Policy. Property owners should contact the Department of Public Works at (920) 236-5258 to determine eligibility. b. Pre-qualify Contractor(s) to perform private-side LSLRs. c. Provide list of pre-qualified Contractor(s) to private property owners. G. Provide lead filter devices for temporary use during LSLR work and for a period of six (6) months after the completion of LSLR work. H. Provide public information on health risks associated with lead in drinking water and ways to reduce potential risks. I. React appropriately to noncompliance with communication, and, if necessary and appropriate, with enforcement as allowed under the Ordinance. 8. Responsibilities of Private-Side LSL Owners Upon receipt of the notice in Section 5, or upon approval from the City of a submitted request from the property owner, the private-side LSL owner shall: A. Allow the City, or hire a Licensed Plumber, to complete City-approved water service line inspection. B. Replace the private-side LSL by contracting with a pre-qualified Contractor. The work shall be performed in accordance with all applicable State and local regulations and utility standards. It is recommended that property owners obtain multiple quotes. a. Property owner must meet and follow all City Eligibility Requirements listed in Section 9, Financing Private-Side LSLR, to qualify for financial assistance. C. Coordinate, as necessary, to complete timely replacement of a LSL. D. Contact the City of Oshkosh Plumbing Inspector for a final inspection in a timely manner. E. The property owner is ultimately responsible for hiring the contractor, complying with the financial assistance requirements below, or directly paying the contractor for any work completed. a. Participation in the financial assistance program, if available, is voluntary. Property owners must provide completed copies of all necessary paperwork. b. Costs above $5,400 are entirely the responsibility of the property owner. 9. Financing Private-Side LSLR by City When designated funding sources are available and within LSLR program eligibility requirements, described below, the City will subsidize the cost of private-side LSLR as follows:  A property owner may apply for financial assistance from the City for private-side LSLR up to the amounts identified below. Property owners seeking financial assistance must complete all applications and meet the eligibility requirements listed below. Financial assistance will be provided in the form of a private-side LSL loan which shall be a lien upon the property and shall be repaid in installments as a special charge upon each year’s annual tax bill.  City shall provide financial assistance of fifty percent (50%) of the cost to replace the LSL up to a maximum of $2,700 per LSL replaced. I:\Engineering\Lead Service Lateral Replacement\2024 Program\Final Documents\Amended LSLR Policy_4- 18-24.docx Page 6 of 6  Alternatively, property owners who are considered “Very Low Income”, as established by the U.S. Department of Housing and Urban Development for the year the project takes place, may be eligible for assistance in paying for the private-side LSLR. This assistance may cover one hundred percent (100%) of the cost of the private-side LSLR, but is subject to the City’s annual Federal allocations. To apply for private-side LSLR financial assistance, property owner must submit completed Lead Service Line Replacement Community Development Block Grant (CDBG) Application and submit it to the Planning Services Division, 2nd floor, City Hall. The property owner must use a current LSLR Pre-qualified Contractor and follow all CDBG requirements. Eligibility Requirements (Non-CDBG funded LSLR): A. Property owners must meet all of the eligibility requirements. B. Service line replacement must be coordinated so the public-side and private-side service line replacement are completed within ninety (90) days of each other. Failure to meet the 90-day requirement will result in the property not being eligible for financial assistance. The 90-day requirement does not apply to partial service line replacements completed prior to October 25, 2023. C. Private LSL replacement must be approved by the City prior to starting replacement work. To receive approval, the property owner must: a. Complete and submit the current Financial Assistance Application for Private-Side Lead Service Line Replacement. b. Complete and submit current Lead Service Line Replacement Financial Assistance Program Waiver/Release of Liability. c. Receive confirmation of approval for financial assistance from the City and the Promissory Note and Covenant containing terms of repayment. This document must be signed, notarized, and submitted to the City with payment request. Any conditions of approval must be shared with the Contractor and followed to ensure financial assistance eligibility. D. Work must be completed by Contractor on the City’s current year pre-qualified LSLR Contractor List. Provide a copy of any approval conditions to your Contractor. All work must follow any conditions of approval. E. After completion of work, including final inspections from the City of Oshkosh Inspection Services, the Contractor shall submit the following: a. Completed current Contractor Payment Application for Private-Side Lead Service Line Replacement. Please note that the property owner must sign this form. b. Signed and notarized property specific Promissory Note and Covenant for the parcel with dollar amounts filled in and initialed by property owner. Maximum loan amount is fifty percent (50%) of cost of LSLR work, up to $2,700. c. Invoice for work completed i. Invoice must contain the property address where the LSLR work was performed. ii. Invoice must contain an itemized list of the work completed and only pertain to the LSL replacement. Only LSLR costs will be considered/paid. F. All work must be done in accordance with all sections of this document. a. Failure to provide necessary documentation or meet the required timelines will result in the City not paying the Contractor, resulting in no financial assistance from the City and the property owner owing the Contractor the full amount. 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-201 Approve Amendment No. 2 to Professional Services Agreement with Westwood Professional Services, Inc. (Westwood) for 2024 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program ($32,800) B A C KGRO UN DBACKGROUND A professional services agreement was awarded by Common Council (Council) on January 14, 2020 to Westwood to perform the ongoing storm sewer outfall screening for 2020 -- 2022. The ongoing field screening of storm sewer outfalls is required by the Wisconsin Department of Natural Resources (WDNR) under Wisconsin Administrative Code Section NR 216, and the City's Municipal Separate Storm Sewer System (MS4) General Permit WI-S050075-3. The WDNR administers this program in accordance with the United States Environmental Protection Agency Clean Water Act. Council approved an amendment to this agreement on June 13, 2023. A N A L Y SI SANALYSIS The services for Amendment No. 1 were scheduled to end in December 2023. The original agreement contained the option to renew the agreement for two (2) -- additional one (1) year terms. The City has requested an amendment to this agreement to continue these services through the end of calendar year 2024. The City also requested this amendment include services to update the City's MS4 map to verify the current MS4 outfall inventory is complete and accurate and to update the MS4 GIS data to include the City's unique identifier for the screening location to better integrate the results in the City's GIS. FI SC A L I M P A CTFISCAL I M P A C T Funds are available in the 2024 Storm Water Utility Operating Budget (Account #05612050-6401/ Engineering & Planning-PS -- Engineer/Survey/Appraisal). REC O M M E N D A TI ONRECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. 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 24-201 Westwood CA #1 proposal 4/23/2024 24-201 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES, INC. (WESTWOOD) FOR 2024 ILLICIT DISCHARGE DETECTION AND ELIMINATION OUTFALL SCREENING AND REVISIONS TO THE ONGOING SCREENING PROGRAM ($32,800) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City and Westwood Professional Services, Inc. previously entered into an agreement in which Westwood would perform the ongoing storm sewer outfall screening; and      WHEREAS, the existing agreement ended December 2023; and     WHEREAS, staff has requested additional services related to ongoing screening required by Wisconsin Department of Natural Resources for the 2024 calendar year. 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 Westwood for services through calendar year 2024 in the amount of twenty-four thousand five hundred dollars ($32,800.00).   Acct. No. 05612050-6401    Engineering & Planning-PS –Engineer/ Survey/ Appraisal         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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-202 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for Water Main Area Assessment, New Water Services, New Storm Laterals, and Sanitary Laterals (Relay) Relating to Contract No. 23-07 (420 South Koeller Street and 440 South Koeller Street) B A C KGRO UN DBACKGROUND This resolution allows the City to assess abutting property owners for improvements to be completed during the water main installation on South Koeller Street, from 1,000' north of West 7 th Avenue to 1,350' north of West 7 th Avenue. The assessable work will include water main area assessments, new water service and storm laterals, sanitary laterals (relay), and a new driveway. The property owners of the properties listed below have signed waivers of all special assessment notices and hearings: 420 South Koeller Street 440 South Koeller Street A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing special assessments for the abutting properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the project is included in the 2023 Capital Improvement Program in the Storm Sewer, Sanitary Sewer, and Water Main sections (Account #03210410-6804-04307/Contract Control-Storm Sewer-23-07 Watermain Replacement, #03210410-6802-04307/Contract Control-Sanitary Sewer-23-07 Watermain Replacement, and #03210410-6803-04307/Contract Control-Water Main-23-07 Watermain Replacement). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of this resolution. A t t a chment sAttachments RES 24-202 04/23/2024 24-202 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE ACCEPTANCE OF WAIVERS OF SPECIAL ASSESSMENT NOTICES AND HEARINGS FOR WATER MAIN AREA ASSESSMENT, NEW WATER SERVICES, NEW STORM LATERALS, AND SANITARY LATERALS (RELAY) RELATING TO CONTRACT NO. 23-07 (420 SOUTH KOELLER STREET AND 440 SOUTH KOELLER STREET) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the Waiver of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin Statutes, for public improvements and services, for the premises described below is accepted and approved. 420 South Koeller Street         440 South Koeller Street     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-203 Amend Final 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 Main and Laterals (New and Relay) Relating to Contract No. 23-07 (420 South Koeller Street and 440 South Koeller Street with Signed Waivers) B A C KGRO UN DBACKGROUND This resolution allows the City to assess abutting property owners for improvements to be completed during the water main installation on South Koeller Street, from 1,000' north of West 7th Avenue to 1,350' north of West 7th Avenue. The assessable work will include water main area assessments, new water service and storm laterals, sanitary laterals (relay), and a new driveway. The property owners of the properties listed below have signed waivers of all special assessment notices and hearings: 420 South Koeller Street 440 South Koeller Street A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing special assessments for the abutting properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the project is included in the 2023 Capital Improvement Program in the Storm Sewer, Sanitary Sewer, and Water Main sections (Account #03210410-6804-04307/Contract Control-Storm Sewer-23-07 Watermain Replacement, #03210410-6802-04307/Contract Control-Sanitary Sewer-23-07 Watermain Replacement, and #03210410-6803-04307/Contract Control-Water Main-23-07 Watermain Replacement). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of this resolution. A t t a chment sAttachments RES 24-203 04/23/2024 24-203 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND FINAL 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 MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 23-07 / 420 SOUTH KOELLER STREET AND 440 SOUTH KOELLER STREET WITH SIGNED WAIVERS INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the Common Council of the City of Oshkosh adopted an initial resolution on November 9, 2022 relating to contract 23-07; and      WHEREAS, the Common Council of the City of Oshkosh adopted an amended initial resolution on July 11, 2023 relating to contract 23-07; and      WHEREAS, the Common Council of the City of Oshkosh adopted the final resolution on June 13, 2023 relating to contract 23-07; and      WHEREAS, pursuant to the request by the below property owner additional work has been added to this contract:      New Water Services, New Storm Laterals, and Sanitary Laterals (Relay)     420 South Koeller Street             440 South Koeller Street       WHEREAS, the property owner has signed a waiver of special assessment notices for this purpose.            NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1.    The Final Resolution #23-270 for Special Assessment for  New Water Services, New Storm Laterals, and Sanitary Laterals (Relay) relating to contract 23-07 is hereby amended to include the following: New Water Services, New Storm Laterals, and Sanitary Laterals (Relay) 420 South Koeller Street         440 South Koeller Street     2.    In all other respects the resolutions, reports and assessments for New Water Services, New Storm Laterals, and Sanitary Laterals (Relay) relating to contract 23-07 adopted pursuant to Final Resolution #23-270 shall remain in full force and effect. 3.    The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 4.    The City Clerk is further directed to mail a copy of this resolution and the Final Resolution referred to above to every property owner named herein.  5.    If any section, sentence or clause or any special assessment set forth or referred to herein shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining sections or assessments approved, which shall remain in full force and effect.     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-204 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for New Water Services and New Sanitary Laterals Relating to Contract No. 23-16 (2824 Clairville Road and 2888 Clairville Road) B A C KGRO UN DBACKGROUND These resolutions allow the City to assess abutting property owners for improvements to be completed during the reconstruction of Clairville Road, from State Road 91 to West 20 th Avenue, as part of the construction of the Sawyer Creek Rural II Detention Basin. The assessable work will include new water service and sanitary sewer laterals. The property owners of the properties listed below have signed waivers of all special assessment notices and hearings: 2824 Clairville Road 2888 Clairville Road A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing special assessments for the abutting properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the project is included in the 2023 Capital Improvement Program in the Storm Sewer section (Account #03210410-6804-04115/Contract Control-Storm Sewer-21-15 Sawyer Creek Watershed Detent). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of these resolutions. A t t a chment sAttachments RES 24-204 04/23/2024 24-204 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE ACCEPTANCE OF WAIVERS OF SPECIAL ASSESSMENT NOTICES AND HEARINGS FOR NEW WATER SERVICES AND NEW SANITARY LATERALS RELATING TO CONTRACT NO. 23-16 (2824 CLAIRVILLE ROAD AND 2888 CLAIRVILLE ROAD) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the Waiver of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin Statutes, for public improvements and services, for the premises described below is accepted and approved. 2824 Clairville Road 2888 Clairville Road     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-205 Amend Initial and Final Resolutions for Special Assessments for Concrete Pavement, Asphalt Pavement, Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay) Relating to Contract No. 23-16 (2824 Clairville Road and 2888 Clairville Road with Signed Waivers) B A C KGRO UN DBACKGROUND These resolutions allow the City to assess abutting property owners for improvements to be completed during the reconstruction of Clairville Road, from State Road 91 to West 20th Avenue, as part of the construction of the Sawyer Creek Rural II Detention Basin. The assessable work will include new water service and sanitary sewer laterals. The property owners of the properties listed below have signed waivers of all special assessment notices and hearings: 2824 Clairville Road 2888 Clairville Road A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing special assessments for the abutting properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the project is included in the 2023 Capital Improvement Program in the Storm Sewer section (Account #03210410-6804-04115/Contract Control-Storm Sewer-21-15 Sawyer Creek Watershed Detent). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of these resolutions. A t t a chment sAttachments RES 24-205 23-16 Assessment Sheet 04/23/2024 24-205 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND INITIAL AND FINAL RESOLUTIONS FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 23-16 / 2824 CLAIRVILLE ROAD AND 2888 CLAIRVILLE ROAD WITH SIGNED WAIVERS INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the Common Council of the City of Oshkosh adopted an initial resolution on August 8, 2023 relating to contract 23-16; and      WHEREAS, the Common Council of the City of Oshkosh adopted the final resolution on November 28, 2023 relating to contract 23-16; and      WHEREAS, pursuant to the request by the below property owner additional work has been added to this contract:      New Water Services and New Sanitary Laterals     2824 Clairville Road     2888 Clairville Road           WHEREAS, the property owner has signed a waiver of special assessment notices for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1.    The Initial Resolution #23-407 and Final Resolution #23-583 for Special Assessment for   New Water Services and New Sanitary Laterals relating to contract 23-16 are hereby amended to include the following:     New Water Services and New Sanitary Laterals     2824 Clairville Road     2888 Clairville Road 2.    In all other respects the resolutions, reports and assessments for   New Water Services and New Sanitary Laterals relating to contract 23-16 adopted pursuant to Initial Resolution #23-407 and Final Resolution #23-583 shall remain in full force and effect. 3.    The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 4.    The City Clerk is further directed to mail a copy of this resolution and the Final Resolution referred to above to every property owner named herein.  5.    If any section, sentence or clause or any special assessment set forth or referred to herein shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining sections or assessments approved, which shall remain in full force and effect.     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-206 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for Storm Sewer Lateral Relating to Contract No. 24-07 (752 Prospect Avenue) B A C KGRO UN DBACKGROUND These resolutions allow the City to assess abutting property owners for improvements to be completed during the water main construction on Prospect Avenue. The assessable work will include a new storm sewer lateral and surface drain. The property owner of the property listed below has signed a waiver of all special assessment notices and hearings: 752 Prospect Avenue A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing special assessments for the abutting property. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the project is included in the 2024 Capital Improvement Program in the Storm Sewer section (Account #03210410-6804-04407/Contract Control-Storm Sewer-24-07 Cherry St/Prospect Ave). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of these resolutions. A t t a chment sAttachments RES 24-206 04/23/2024 24-206 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE ACCEPTANCE OF WAIVERS OF SPECIAL ASSESSMENT NOTICES AND HEARINGS FOR STORM SEWER LATERAL RELATING TO CONTRACT NO. 24-07 (752 PROSPECT AVENUE) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the Waiver of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin Statutes, for public improvements and services, for the premises described below is accepted and approved. 752 Prospect Avenue     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-207 Amend Final 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 Main and Laterals (New and Relay) Relating to Contract No. 24-07 (752 Prospect Avenue with Signed Waiver) B A C KGRO UN DBACKGROUND These resolutions allow the City to assess abutting property owners for improvements to be completed during the water main construction on Prospect Avenue. The assessable work will include a new storm sewer lateral and surface drain. The property owner of the property listed below has signed a waiver of all special assessment notices and hearings: 752 Prospect Avenue A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing special assessments for the abutting property. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the project is included in the 2024 Capital Improvement Program in the Storm Sewer section (Account #03210410-6804-04407/Contract Control-Storm Sewer-24-07 Cherry St/Prospect Ave). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of these resolutions. A t t a chment sAttachments RES 24-207 04/23/2024 24-207 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND FINAL 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 MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 24-07 / 752 PROSPECT AVENUE WITH SIGNED WAIVER INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the Common Council of the City of Oshkosh adopted the initial resolution on November 28, 2023 relating to contract 24-07; and      WHEREAS, the Common Council of the City of Oshkosh adopted the final resolution on April 9, 2024 relating to contract 24-07; and      WHEREAS, pursuant to the request by the below property owner additional work has been added to this contract:      Storm Sewer Lateral         752 Prospect Avenue       WHEREAS, the property owner has signed a waiver of special assessment notices for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1.    The Final Resolution #24-164 for Special Assessment for Storm Sewer Laterals relating to contract 24-07 is hereby amended to include the following: New Storm Sewer Lateral   752 Prospect Avenue     2.    In all other respects the resolutions, reports and assessments for Storm Sewer Laterals relating to contract 24-07 adopted pursuant to Final Resolution #24-164 shall remain in full force and effect. 3.    The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 4.    The City Clerk is further directed to mail a copy of this resolution and the Final Resolution referred to above to every property owner named herein.  5.    If any section, sentence or clause or any special assessment set forth or referred to herein shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining sections or assessments approved, which shall remain in full force and effect.     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-208 Approve Initial Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 24-20 / Various Locations B A C KGRO UN DBACKGROUND This resolution is the initial resolution for allowing the City to assess property owners for improvements to be completed during the construction of mini storm sewers and storm laterals. The assessable work will include the installation of storm sewer laterals and surface drains. The following properties have requested to be included in this year's program: 1170 Locust Street 1018 Van Buren Avenue 1823 Doemel Street 1634 Elmwood Avenue 2225 Allerton Drive 2213 Allerton Drive 1521 Cliffview Drive 1075 Greenfield Trail 1024 Windsor Street 2610 Hamilton Street 1023 Witzel Avenue 1610 Thornton Drive 1621 Chestnut Street 2219 Allerton Drive 347 Legion Place The following properties are included in this year's program due to limited additional work required to provide a storm sewer lateral connection: 1160 Locust Street 1105 Greenfield Trail 1095 Greenfield Trail 1029 Witzel Avenue A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Common Council prior the assessments being levied on the properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the projects is included in the 2024 Capital Improvement Program in the Storm Sewer section (Account #03210410-6804-04020/Contract Control-Storm Sewer-Annual - Mini Storm Sewers/Laterals. REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the initial resolution. A t t a chment sAttachments RES 24-208 04/23/2024 24-208 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR STORM SEWER LATERALS RELATING TO CONTRACT NO. 24-20 / VARIOUS LOCATIONS INITIATED BY : DEPARTMENT OF PUBLIC WORKS       BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1.    The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following:          Storm Sewer Laterals:     1170 Locust Street            1018 Van Buren Avenue    1823 Doemel Street     1634 Elmwood Avenue      2225 Allerton Drive            2213 Allerton Drive     1521 Cliffview Drive          1075 Greenfield Trail         1024 Windsor Street     2610 Hamilton Street        1023 Witzel Avenue          1610 Thornton Drive     1621 Chestnut Street        2219 Allerton Drive           347 Legion Place The following properties are included in this year’s program due to limited additional work required to provide a storm sewer lateral connection:     1160 Locust Street        1105 Greenfield Trail      1095 Greenfield Trail     1029 Witzel Avenue             The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2.    The assessments against any parcel may be paid according to the provisions of Section 21-5 through 21-11 of the Oshkosh Municipal Code. 3.    The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4.    The Board of Public Works is directed to prepare a report consisting of:       (a)    Final plans and specifications for said improvements.       (b)    An estimate of the entire cost of the proposed work or improvements.       (c)    An estimate as to each parcel of property within the assessment district of:             (1)    The assessment of benefits to be levied for each improvement.             (2)    The damages to be awarded for property taken or damages by each improvement.             (3)    The net amount of benefits over damages or the net amount of damages over benefits for each improvement.            (4)    The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection.  5.    Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes.  The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes.  The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in 5-10-15 year installments as provided within sections 21-6 through 21-8 of the municipal code.      TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Ray Maurer D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-209 Accept Donations and Approve Agreement with Oshkosh Area Community Foundation and Zillges Materials, Inc. for Landscape Improvements at Select Roundabouts and Medians in the City B A C KGRO UN DBACKGROUND Over a year ago, Parks Department staff was contacted by community partners, including the Oshkosh Convention and Visitor's Bureau and Oshkosh Area Community Foundation, that were interested in improving the landscaping at roundabouts and select medians in the city. Parks Department staff has been working with the community partners on landscaping plans for the 12 city-maintained roundabouts and the medians on Oshkosh Avenue and South Park Avenue/Highway 44. The Oshkosh Area Community Foundation has secured the necessary funding for the project. In addition, city staff has been working with the Oshkosh Area Community Foundation on an agreement for the landscaping improvements. Similar to the process that was followed when the otter, eagle, and black bear exhibits were constructed at the zoo, the Foundation has established a fund for this project and will contract with Zillges Materials, Inc. to complete the landscaping improvements and donate them to the city upon completion. A N A L Y SI SANALYSIS Similar to when the exhibits were constructed at the zoo, the Foundation and city staff have drafted an agreement with a firm, Zillges Materials, Inc., that the Foundation believes is a good value and will greatly improve the aesthetics of the included roundabouts and medians. The agreement allows the Foundation to take advantage of an exemption to state bidding requirements by having the materials or labor donated for the project and it also satisfies the city's statutory requirements for a Public Construction project. As this resolution approves the agreement between the parties and officially accepts the donations, city staff has reviewed the Criteria for Evaluating Gift and Donations from the Gifts and Donations Policy. We believe this donation meets the following criteria: Consistency with the mission, policies and master plans governing the City of Oshkosh and/or the particular department or division Whether the proposed donation/gift helps to promote conservation, preservation and protection of the natural environment Whether the proposed gift/donation provides a new or different experience for the public Whether the proposed gift/donation is suitable for the purpose proposed Whether the proposed gift/donation is compatible with the proposed location, if one has been identified, and other users of the public space Whether the proposed gift/donation compliments or is harmonious in quality, scale and character with existing improvements and features in the area Whether the proposed gift/donation is a traditional park or municipal amenity Suitability of the gift/donation to the environmental conditions of public display Suitability of the gift/donation to the technical requirements or design standards for installation of improvements in public places FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of accepting this donation will be the city contribution of $150,000 to the fund established at the Foundation. The city contribution for the project was approved by the Common Council at the March 12, 2024 meeting with funds from the American Rescue Plan Act (ARPA). The Foundation has secured additional funds to complete the estimated total funding necessary of $203,411. REC O M M E N D A TI ONRECOMMENDATION Staff recommends the Common Council accept the donations and approve the agreement. A t t a chment sAttachments RES 24-209 Roundabout Agreement Zillges Proposal 4/23/2024 24-209 RESOLUTION     CARRIED 7-0     PURPOSE: ACCEPT DONATIONS AND APPROVE AGREEMENT WITH OSHKOSH AREA COMMUNITY FOUNDATION AND ZILLGES MATERIALS, INC. FOR LANDSCAPE IMPROVEMENTS AT SELECT ROUNDABOUTS AND MEDIANS IN THE CITY   INITIATED BY : PARKS DEPARTMENT         WHEREAS, city staff maintains twelve (12) roundabouts and a number of medians in the city; and     WHEREAS, various donations have been made by the community for landscaping improvements to roundabouts and select medians in the city; and     WHEREAS, the Oshkosh Area Community Foundation coordinated the effort to raise money for the landscaping improvements and has established funds for the payment of design services and construction costs; and     WHEREAS, it is appropriate for the Common Council to gratefully acknowledge and accept such donations and all future contributions to this project; and     WHEREAS, the necessary funding level has been reached to go forward with the project from donated funds; and     WHEREAS, §62.15 of the Wisconsin Statutes allows municipalities to accept the donation of materials and/or labor for public construction as an exception to public bidding requirements; and     WHEREAS, the Oshkosh Area Community Foundation is donating all materials and a portion of the labor for the public construction; and     WHEREAS, the gift of the roundabout improvements is consistent with the following guidelines established by the City of Oshkosh Gifts and Donations policy, in that this donation:  is consistent with the mission, policies and master plans governing the City of Oshkosh and/or the particular department or division helps to promote conservation, preservation and protection of the natural environment  provides a new or different experience for the public is suitable for the purpose proposed is compatible with the proposed location is harmonious in quality, scale and character with existing improvements and features in the area is a traditional park or municipal amenity is suitable to the environmental conditions of public display is suitable to the technical requirements or design standards for installation of improvements in public places WHEREAS, the City of Oshkosh Gifts and Donation Policy allows the City to take on future maintenance costs related to a gift under consideration with consideration given to: The community’s need or desire for the donation or improvement; Whether, and to what extent, the proposed gift/donation provides new or diverse experiences for community members and visitors; and Ease of maintenance and repair NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that, on behalf of the residents of this community, the City acknowledges with deep gratitude and appreciation the generous donations of all contributors to the landscaping improvements at roundabouts and select medians in the city and that the proper City officials are authorized and directed to take all appropriate actions to accept and utilize these donations and acknowledge these philanthropic activities. BE IT FURTHER RESOLVED that an Agreement with the Oshkosh Area Community Foundation and Zillges Materials, Inc. for landscaping improvements is  hereby approved and the proper City officials are authorized to execute and deliver the Agreement in substantially the same form as attached hereto, any changes in the final copy being deemed approved upon 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. BE IT FURTHER RESOLVED that upon completion of the landscaping improvements in substantial conformity with the plans and specifications approved by the City, as determined by the City Manager at his discretion, the appropriate City officials are hereby authorized to acknowledge and accept the completed project on behalf of the City without further action by the Common Council.   1 April 12, 2024 AGREEMENT FOR ROUNDABOUT AND MEDIAN LANDSCAPE IMPROVEMENTS This Agreement is between the City of Oshkosh (City), the Oshkosh Area Community Foundation (Foundation), and Zillges Materials, Inc., (Zillges). The purpose of this Agreement is to implement the Foundation’s gift of landscape improvements at roundabouts and select medians in the City, the hiring of Zillges to design and install landscaping in the selected locations, and the City’s acceptance of such gift subject to the conditions described in this Agreement. RECITALS A. The City has identified roundabouts and certain street medians within public right-of-way in the City of Oshkosh that would benefit from landscape improvements. B. The Foundation, City, and Zillges have discussed various options for the design and installation of landscape improvements at the selected locations. The parties have concluded that the design and installation of landscape improvements for the Project will cost $203,411.00. C. The Foundation has received donations for the purpose of designing and installing landscaping improvements at roundabouts and select street medians within the City. D. The City has identified public funds that are available and will be given to the Foundation to assist in completing this Project. E. The Foundation will undertake responsibility for the cost of designing and installing the landscape improvements at the selected locations in the City, and to provide the resulting product as a gift to the City. F. The Foundation and its underlying donors offer to contract with Zillges for the design and installation of the landscape improvements for the Project cost identified above, and Zillges accepts the offer and will provide the requested design and installation of landscape improvements at this agreed upon price. G. The installation of the landscape improvements within the City’s public right-of- way is considered a public works project by Wisconsin Statutes. However, §62.15 of the Wisconsin Statutes allows municipalities to accept donations of materials 2 April 12, 2024 and/or labor for public construction as an exception to the requirements of the public bidding statute. H. All parties will fully comply with public bidding requirements. In order to comply, all of the City’s public resources will be transferred to the Foundation for the sole purpose of contributing toward the cost of labor for this Project. The remaining labor costs and all of the material costs, as well as all other Project costs, will be the responsibility of the Foundation and its donors and will be the Foundation’s gift to the City. THEREFORE, in consideration of the mutual covenants of each of the parties as described in this document, the parties do hereby agree to the following terms and conditions: AGREEMENT Article 1 – Contract 1.1 The parties’ complete Agreement shall be comprised of more than one document. The parties’ Agreement includes: 1.1.1 this document, and all attachments including, without limitation, Zillges’ Proposal which is attached as Exhibit A; and 1.1.2 all agreed upon written amendments to this document, to the Zillges Proposal, to attachments, and to Project specifications, whether in the form of a change order or other explicitly approved change that is in writing; and 1.1.3 all Project documents approved by City and Foundation. 1.2 A series of documents, such as emails, may constitute approved changes without signatures to the extent these writings clearly reflect an Agreement of the parties. 1.3 Any conflict in terms between this document and the Zillges Proposal attached as Exhibit A, and any amendments to the Proposal, shall be resolved in favor of the terms of this document. Article 2 – Contract Amount and Project Funding 2.1 The Foundation agrees to pay Zillges an amount not to exceed Two Hundred Three Thousand Four Hundred Eleven and NO/100 Dollars ($203,411.00) for the 3 April 12, 2024 design and installation of landscape improvements in roundabouts and selected medians in the City’s public right-of-way. The Project is generally described in the Zillges proposal attached hereto as Exhibit A. Zillges agrees to design and install the landscaping for this amount. The City, as the recipient of the Foundation’s landscape improvements gift, is an interested party in the agreement between the Foundation and Zillges. 2.2 Billing for the Project will be submitted by Zillges to the Foundation. Subject to other terms within this Agreement regarding review and approval of requests for payment, the Foundation shall have the sole obligation to Zillges for all costs and expenses associated with this Project. 2.3 Zillges shall submit monthly invoices for progress payments to the Foundation with copies to the City. The Foundation will review the invoices and pay those approved by the 15th day of the month, or the first normal business day thereafter, the invoice was received. 2.4 The City’s only contribution to this Project shall be financial contributions to be used towards defraying costs of labor. The City shall provide the Foundation with a lump sum contribution of One Hundred Fifty Thousand and NO/100 Dollars ($150,000.00) to be used solely for labor costs associated with the Project. The City’s contribution shall occur at the commencement of this Project. 2.5 The Foundation and Zillges will create and maintain records which will clearly identify, track, and verify that the City’s contribution to this Project is allocated solely to labor costs. These creation, accounting, and verification activities shall be at the expense of the Foundation and Zillges and shall not be an additional expense to the City. 2.6 The Foundation and Zillges agree to provide the City with all documentation necessary for the purpose of verifying that all of the City’s contributions to this Project have been attributed to labor costs on this Project. The City will have the sole discretion to determine what documentation is necessary to comply with its statutory obligations. The Foundation and Zillges shall provide this documentation upon request to the City, its employees, agents, or representatives, or its accountants or auditors, or anyone otherwise legally entitled to review such documents. 4 April 12, 2024 Article 3 – Foundation’s Responsibilities 3.1 Coordinate donations received for the purpose of designing and installing landscape improvements in roundabouts and certain street medians within City public rights-of-way where the City has maintenance obligations. 3.2 Receive and review bills, statements, and requests for payment from Zillges. 3.3 Make payments to for all work completed and approved on the Project. 3.4 Provide accountings and other Project-related information upon the City’s request. 3.5 Provide, or assist in providing, all documents necessary to finalize the landscape improvements as a gift to the City. Article 4 – Zillges’ Responsibilities 4.1 Designate a representative with full and complete authority to act on Zillges’ behalf for both the landscape design and installation stages of this Project. 4.2 Provide the City and Foundation with the names and contact information of the persons or entities Zillges will engage as subcontractors for the Project. 4.3 Visit the site, become familiar with local conditions, and correlate observable conditions with the requirements of the City’s site plans, schedule, and the anticipated budget for the Project. 4.4 Review alternative approaches to landscape design and installation of the Project with the Foundation and the City. Coordinate the final design and installation of the landscape improvements. 4.5 Review the laws applicable to the Project’s landscape design and installation and advise the City of any known conflicts between legal requirements and the proposed Project plans. 4.6 Prepare and submit to the City and Foundation all design documents, design and installation budgets, and other documents necessary for the completion of the roundabout and median landscape improvement Project. 5 April 12, 2024 4.7 Make revisions to the preliminary design documents, design and installation budgets, or other documents as directed by the Foundation and the City. 4.8 Submit to the City and the Foundation completed design documents consistent with Zillges’ proposal attached as Exhibit A, a statement of the proposed contract sum, and a proposed schedule for completion of the Project, for review and approval. Design documents shall include, when applicable, preliminary and final design drawings, outline specifications, or other documents sufficient to establish the size, quantity and character of the landscape improvements, materials, and such other elements of the Project as may be appropriate. 4.9 Commence work only when all necessary permits, licenses, and approvals have been obtained. The City will assist with applications and approvals. Fees for City approvals will be waived. Fees for other governmental approvals will be the responsibility of Zillges. 4.10 Upon request, submit installation documents to the City and the Foundation for review and approval. Installation documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for installation of the work and shall be consistent with the intent of the Project, and include documents customarily required for regulatory agency approvals, if any. 4.11 Provide and pay for all design services, labor, materials, equipment, tools, installation equipment and machinery, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. 4.12 Keep the City and the Foundation informed of the progress and quality of the work. 4.13 Correct work that does not conform to City standards or the parties Agreement. 4.14 Comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project. 4.15 Coordinate and comply with the City, County, and State Department of Transportation, as necessary, with any traffic lane closures, temporary parking, debris removal, and street cleaning in all areas of the Project. 6 April 12, 2024 4.16 Minimize impact of lane closures, traffic flow disruptions, and traffic diversions related to the Project. 4.17 Pay all royalties and license fees for patented designs, processes or products and shall defend all suits or claims for infringement of intellectual property rights against the City and Foundation, and shall hold the City and Foundation harmless from loss on account thereof. 4.18 Minimize impact of the Project on surrounding area and to allow City streets, and County and State Highways, to remain open and continue operating during the Project. 4.19 Keep the Project sites, and adjoining public and private areas, free from tools and equipment, and free from the accumulation of waste materials or rubbish caused by work related to this Project. At the completion of the work, all waste materials, rubbish, tools, installation equipment, machinery, and surplus materials shall be removed from the Project site. The Project sites and these surrounding areas shall be cleaned at the completion of the Project. 4.20 Notify the City and Foundation when the Project or an agreed upon part of the Project is substantially completed. If the City and Foundation agree, the City shall issue a certificate of substantial completion for the applicable part of the Project, which shall establish the date for warranty and other purposes. The Certificate shall include a list of items to be completed or corrected and shall fix the time within which Zillges shall complete items listed therein. 4.21 Maintain one record copy of the as-built drawings, specifications, product data, samples, product warranties, shop drawings, change orders, and other modifications at Zillges’ local offices and in good order and regularly updated to record the completed installation. One copy of all of these shall be delivered to the City of Oshkosh Parks Department upon completion of installation and prior to the authorization for final payment. In addition, Zillges shall provide individual lien waivers from all subcontractors upon completion of the Project and of the final Project and prior to final payment. 4.22 Pay all sales, consumer, use, and similar taxes and fees. Article 5 – City’s Responsibilities 5.1 Designate the Director of Parks, or a designee, to coordinate the Project, provide guidance, and make decisions on the City’s behalf. 7 April 12, 2024 5.2 Provide Zillges with complete information that is available to the City in a timely manner regarding the requirements for the Project, including the City’s objectives, schedule, and constraints relating to the Project. 5.3 Render decisions in a timely manner pertaining to documents submitted by Zillges to avoid unreasonable delay in the orderly and sequential progress of the Project. 5.4 Furnish surveys or other documentation, if necessary, describing physical characteristics, legal limitations and utility locations for the Project sites. Surveys shall include, as applicable, grades and lines of streets, pavements, and adjoining property and structures, adjacent drainage, rights-of-way restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site, locations, dimensions and necessary data pertaining to existing structures, other improvements and trees, and information concerning available utility services and lines, both public and private, above and below grade. 5.5 Make available to Zillges all results and reports of prior tests, inspections, or investigations conducted relative to the Project sites involving environmental conditions and remediation at the Project sites which are in the City’s possession. 5.6 Assist in obtaining building and other permits, licenses and other necessary approvals of governmental authorities, and inspections. City permit costs will be waived. Any costs or fees, other than those charged or assessed by the City of Oshkosh, shall be the responsibility of Zillges and are expected to be included in their Proposal. 5.7 File applications, requests, and other documents required to obtain necessary approvals of governmental authorities, including but not limited to the City, having jurisdiction over the Project. 5.8 Promptly notify Zillges when all City permits have been issued. Keep Zillges and the Foundation informed of the status of approvals from other governmental entities. 5.9 Prompt notify Zillges in writing of any fault or defect in the work or nonconformity with the proposal of Project documents which the City observes or otherwise becomes aware of. 8 April 12, 2024 5.10 Communicate with persons or entities employed or retained by Zillges in connection with this Project through the Zillges contact identified herein. 5.11 Provide Zillges with a Notice to Proceed when the Project is ready to begin. Article 6 – Project Timing 6.1 Zillges shall prepare a schedule for the performance of the services under this Agreement and submit to the City for approval. Scheduling shall take into consideration the needs of the City and Foundation, construction traffic patterns for other City projects in the vicinity of the Project, and coordination with the normal functioning of the Project sites. The Project sites include City of Oshkosh rights-of-way and State and County rights-of-way. This schedule shall include allowances for periods of time required for the City’s and Foundation’s review and for approval of submissions by authorities having jurisdiction over activities that are part of the Project. 6.2 Lane closures, traffic flow disruptions, and traffic diversions shall occur only between the hours of 9:00 am and 3:00 pm, Monday through Friday. Requests to work outside these hours may occur only upon approval of the City. Work may be performed on Saturdays upon approval by the City. . 6.3 Time limits stated in the contract documents are of the essence. The work to be performed shall commence upon receipt of a notice to proceed unless otherwise agreed by all parties. 6.4 Unless otherwise indicated, the parties shall perform their respective obligations as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project. 6.5 A landscape installation schedule shall be submitted. Work shall commence by June 1, 2024, or earlier upon approval by the City. Seventy-five percent (75%) of the Project shall be completed by October 15, 2024. Subject to authorized modifications, substantial completion of the entire Project shall be achieved on or before December 01, 2024. 6.7 If Zillges is delayed at any time in the progress of the Project by the actions or neglect of the City or Foundation, their employees, agents or contractors, or by changes in the work ordered by the City or Foundation, or by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the control of Zillges, 9 April 12, 2024 or by delay authorized by the City or Foundation, or by other causes which the City, Foundation, and Zillges agree may justify delay, then the contract time shall be reasonably extended through written agreement. Article 7 – Protection of Persons and Property 7.1 Zillges shall be responsible for initiating, maintaining, and providing supervision of all safety precautions and programs in connection with the performance of this Agreement. 7.2 Zillges shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: (1) employees on the work and other persons who may be affected thereby; (2) members of the public that are lawfully using the public right-of-way; (3) the work and materials and equipment to be incorporated therein that are under care, custody, or control of Zillges or Zillges’ contractors; and (4) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of installation. 7.3 Zillges shall give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury, or loss. 7.4 Zillges shall promptly remedy damage and loss (other than damage or loss insured under property insurance provided or required by the contract documents) to property at the site caused in whole or in part by Zillges, its contractors, or anyone directly or indirectly employed by them, or by anyone for whose acts they may be liable. Article 8 – Correction of Work 8.1 Zillges shall promptly correct work rejected by the City or Foundation or known by Zillges to be defective or failing to conform to the requirements of the contract documents, whether observed before or after substantial completion and whether or not fabricated, installed or completed. Zillges shall bear the costs of correcting such rejected work, including any additional testing or inspections required thereby. 8.2 If within one (1) year after the date of substantial completion of the work, or after the date for commencement of any warranties established or agreed upon, any of the work is found to be not in accordance with the requirements of the contract 10 April 12, 2024 documents, Zillges shall promptly correct the work after receipt of written notice from the City to do so. 8.3 Nothing in this article shall be construed to establish a period of limitation with respect to other obligations that Zillges may have under this Agreement. The one- year time period established in Section 8.2 relates only to the specific obligation of Zillges to correct the work and has no relationship to the time within which the obligation to comply with the contract documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Zillges liability with respect to its’ obligations other than the obligation to specifically correct the work. 8.4 If Zillges fails to correct nonconforming work as required or fails to carry out work in accordance with this Agreement, the City may, by written order signed by the City Manager, stop the work, or any portion thereof, until the cause for such order has been eliminated; however, the City’s right to stop the work shall not give rise to a duty on the part of the City to exercise this right for the benefit of Zillges or other persons of entities. 8.5 If Zillges defaults or neglects to carry out the work in accordance with the contract documents and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may give a second written notice to Zillges and seven (7) days following receipt by Zillges of such second notice, the City may, without prejudice to any other remedies that it may have at law or equity, correct such deficiencies. In such case an appropriate change order shall be issued deducting from the payments then or thereafter due to Zillges, the costs of correcting such deficiencies. If the payments then or thereafter due are not sufficient to cover the amount of the deduction, the Foundation shall invoice the difference to Zillges and Zillges shall pay the difference to the Foundation within thirty (30) days of such invoice. Article 9 – Termination of Agreement 9.1 This Agreement may be terminated by any party upon seven (7) days written notice to the other parties hereto should any party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.2 This Agreement may be terminated by the City or Foundation without cause upon at least seven (7) days written notice to the other parties. 11 April 12, 2024 9.3 In the event of termination not the fault of Zillges, Zillges shall be compensated for services performed to the termination date, together with reimbursable expenses then due. 9.4 Once the installation of landscape improvements for this Project has commenced, this Agreement may be terminated by the City or Foundation upon fourteen (14) days written notice to the other parties in the event that the Project is abandoned. If such termination occurs, Zillges shall be compensated for work completed to the termination date, together with reimbursable expenses then due. 9.5 If Zillges defaults or persistently fails or neglects to carry out the work in accordance with this Agreement, the City and/or Foundation may give written notice, with copies provided to all parties to this Agreement that the party giving notice intends to terminate the Agreement. If Zillges fails to correct the defaults, failure or neglect within seven (7) days after being given notice, the party seeking to correct the default, failure or neglect may then give a second written notice and, after an additional seven (7) days, the City and/or Foundation may without prejudice to any other remedy remove Zillges from the Project and take possession of all materials at the site and finish the work by whatever method deemed most expedient. If the unpaid balance of the contract sum exceeds the expense of finishing the work and all damages incurred by the Foundation and City, such excess shall be paid to Zillges. If the expense of completing the work and all damages incurred by the Foundation and City exceed the unpaid balance, the Foundation shall invoice Zillges for the difference and Zillges shall pay the difference within 30 days of receipt of invoice. This obligation for payment shall survive termination of this Agreement. 9.6 If the Foundation fails to make a progress payment when due, Zillges may give written notice of Zillges’ intention to terminate this Agreement. Notice shall be given to the Foundation with a copy of such notice to be given to the City. If the Foundation fails to make payment within seven (7) days after receipt of such notice, Zillges may give a second written notice and, seven (7) days after receipt after such second written notice by the Foundation, Zillges may terminate this Agreement. If such termination occurs, Zillges shall be compensated for work completed to the termination date, together with reimbursement expenses then due. 12 April 12, 2024 Article 10 – Ownership and Use of Documents, Designs, and Electronic Data 10.1 Copies and other tangible embodiments of all design and installation materials, regardless of whether such materials are subject to intellectual property protection, shall be and remain the property of the City whether or not the Project is commenced or completed, provided, however, that Zillges has been paid for such materials. 10.2 The intellectual property rights, if any, to the contents and concepts embodied in the design and installation materials, shall belong to Zillges or its design or installation subcontractors in accordance with their contractual relationship and may be copyrighted by them in the United States or any other country, or be subject to any other intellectual property protection. 10.3 As to those design and installation materials subject copyright, patent, trademark, or any other form of intellectual property protection, Zillges grants to the City and the Foundation as of the date that the design and installation materials are delivered to the City and Foundation, a world-wide, paid up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property protection, for the City and Foundation to use, reproduce and have reproduced, display and allow others to display, and publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation, the design and installation materials without further compensation to Zillges or any third party holding such intellectual property interests. The foregoing rights of the City and the Foundation are subject to the following restrictions: 10.3.1 All copyright and other intellectual property rights shall remain the property of Zillges and/or any third party holding such rights. Those holding such rights may use any detail, part, concept, or system on any other Project and to retain copies of the design and installation materials for their future use except as provided in section 10.3. 10.3.2 The City and Foundation shall not use the design and installation materials for the installation of any other Project without the prior written approval of the entity holding such intellectual property rights. 10.3.3 Any reproduction of the protected design and installation materials, or part of them, shall be faithful and accurate to the original and of good quality. 13 April 12, 2024 10.3.4 The City and Foundation shall not remove or alter, and shall reproduce and prominently display on all copies made by the City and Foundation the copyright notice and any other proprietary legends. 10.4 Zillges shall turn over to the City and Foundation all design and installation materials including, but not limited to, as-built drawings to the City within thirty (30) days from the completion of the Project. Failure to do so will be considered a breach and subject to damages by the City and/or the Foundation. Article 11 – Insurance and Bonds Zillges and its subcontractors must hold insurance required by the City during the course of this Project. Zillges shall not commence work under this Agreement until it has obtained all required insurance required and such insurance has been approved by the City. Zillges must provide proof of insurance for any subcontractors upon request of the City and/or Foundation. A copy of the insurance required is attached hereto as Exhibit B. Article 12 – Indemnification 12.1 To the fullest extent permitted by law, Zillges shall indemnify and hold harmless the City and the Foundation, their employees, elected officials, board members, and consultants from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of Zillges’ involvement in the roundabout and median landscape improvement Project. This indemnification and hold harmless includes, without limitation, such claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property (other than the work itself), but only to the extent caused in whole or in part by negligent act of omissions of Zillges, anyone directly or indirectly employed by Zillges or anyone for whose acts Zillges may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. 12.2 In claims against any person or entity indemnified under this article by an employee of Zillges, anyone directly or indirectly employed by Zillges or anyone for whose acts Zillges may be liable, the indemnification obligation under this article shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Zillges under workers’ compensation acts, disability benefit acts or other employee benefit acts. 14 April 12, 2024 Article 13 – Open Records 13.1 The City is subject to the State’s open records laws regarding making certain records available to those requesting the same. Current open records law includes not only governmental entities such as the City, but also contractor and others with whom the City has a relationship. All parties to this Agreement understand this public context in which this Project will proceed and agree to abide by prevailing open records laws. 13.2 The Foundation and Zillges agree to make documents available to the City for review and potentially release to those requesting public records. The Foundation, Zillges, and the City understand and agree that the act of making records available to the City for review will not constitute that party’s consent to release any document to the public or a waiver of any rights or protections. The act of providing a document to the City to review is not intended to turn a private document into a public document. 13.3 To the extent that the City determines that documents provided by the Foundation and/or Zillges are public records, the City shall notify the Foundation and Zillges of this conclusion and will allow five (5) business days for the Foundation and/or Zillges the opportunity to initiate any proceeding deemed necessary to protect their interests. 13.4 The failure of the Foundation and/or Zillges to cooperate with public open records requests will be considered a material breach of this Agreement. 13.5 Zillges’ open records responsibilities described in this Agreement are limited to this Project only. Article 14 – Miscellaneous Provisions 14.1 This Agreement shall be governed by the laws of the State of Wisconsin. Disputes shall be resolved in the venue of Winnebago County, Wisconsin. 14.2 This Agreement shall be binding upon the parties identified in this Agreement, as well has their heirs, successors, and assigns. No party shall assign this Agreement without the written consent of all other parties. 14.3 This Agreement represents the entire Agreement between the parties and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument 15 April 12, 2024 signed by all parties, except in those circumstances described in this document where a signature is not required. 14.4 Zillges shall be responsible to the City for acts and omissions of any employees, subcontractors, and their agents and employees and other persons including design professionals performing any portion of Zillges’ obligations pursuant to this Agreement. 14.5 Zillges shall be responsible for all installation means, methods, techniques, sequences, and procedures, and for coordinating all portions of the work subject to this Agreement. 14.6 Zillges warrants that all plants, landscape materials, and equipment furnished under the contract by it or by its subcontractors will be of good quality and new unless otherwise approved by the City and Foundation; that the installation will be free from faults and defects; and that the landscape materials and installation will conform to the requirements of the contract documents. Installation not conforming to these requirements shall be corrected by Zillges at Zillges’ expense. 14.7 If Zillges is delayed at any time in the progress of the work by an act or neglect of the City, Foundation, or the employees of either, or separate contractors employed by the City, or by internal labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the control of Zillges, or by delay authorized by the City, or by other causes that the City and Zillges agree may justify delay then the contract time shall be reasonably extended by change order to this Agreement. 14.8 The City may obtain independent review of the documents by a separate landscape architect, engineer, contractor, or cost estimator. Such independent review shall be undertaken at the City’s expense and in a timely manner and shall not delay the orderly progress of Zillges’ services. Article 15 – Notices Notices required to be given under this Agreement shall be given as follows: To the City of Oshkosh: Ray Maurer Director of Parks 805 Witzel Avenue PO Box 1130 Oshkosh, WI 54903-1130 16 April 12, 2024 To the Oshkosh Community Foundation: Bill Wyman Oshkosh Area Community Foundation 230 Ohio Street, Suite 100 Oshkosh, WI 54902 To Zillges Materials, Inc., Timothy Zillges Zillges Materials, Inc. 1990 W. Snell Road Oshkosh, WI 53904-1004 [SIGNATURE PAGE FOLLOWS] 17 April 12, 2024 This Agreement entered in this day of , 2024. CITY OF OSHKOSH Mark A. Rohloff City Manager Diane M. Bartlett City Clerk APPROVED: Lynn A. Lorenson City Attorney ZILLGES MATERIALS, INC., By: Timothy Zillges, President OSHKOSH COMMUNITY FOUNDATION By: Bill Wyman, President and CEO TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Ray Maurer D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-210 Approve the Sale of Fermented Malt Beverages in Rainbow Memorial Park by Parks Department Staff (Advisory Park Board Recommends Approval) B A C KGRO UN DBACKGROUND Parks Department staff are proposing to host the Brews on the Bay Beer Gardens in Rainbow Memorial Park from 5pm-9pm on June 5th, June 19th, July 17th, July 31st, August 7th, August 21st, and September 4th. The past several years, we have hosted these events in Menominee Park near the Children's Amusement area but need to find a new location due to the continued construction on Pratt Trail in Menominee Park. These events create a sense of community and allow friends and neighbors to gather in parks. A N A L Y SI SANALYSIS The Beer Gardens are family-friendly, free events that include food trucks, beverages, live music, outdoor yard games as well as other activities for families to enjoy. These events help bring families to the park in the evening hours, similar to how the Tuesday evening concert series brings families to the Leach Amphitheater. Section 125.06(6) of the Wisconsin Statutes provides that employees of a municipality can sell fermented malt beverages in parks when authorized by the legislative body. The resolution that is included for action will provide us with that authorization. This is the same process that the City utilized in 2020 to authorize City employees to sell fermented malt beverages in Menominee Park for these events. The Advisory Parks Board unanimously recommended hosting Beer Gardens at Rainbow Memorial Park at the April 8th, 2024 meeting. 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 Advisory Park Board recommends approval. FI SC A L I M P A CTFISCAL I M P A C T The Parks Department works with sponsors that help support this community event so there is no expense to the City. In 2023, these events generated over $13,000 in revenue which is used to provide additional department events. REC O M M E N D A TI ONRECOMMENDATION Staff recommends the Common Council adopt the resolution. A t t a chment sAttachments RES 24-210 Rainbow Park Beer Garden Map 4/23/2024 24-210 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE THE SALE OF FERMENTED MALT BEVERAGES IN RAINBOW MEMORIAL PARK BY PARKS DEPARTMENT STAFF INITIATED BY : PARKS DEPARTMENT   ADVISORY PARK BOARD RECOMMENDS APPROVAL     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that pursuant to Sec. 125.06(6) of the Wisconsin Statutes, the proper Parks Department staff are authorized to sell fermented malt beverages in Rainbow Memorial Park in accordance with the regulations established by Chapter 125 of the Wisconsin Statutes and Chapter 4 of the Oshkosh Municipal Code.   1 9 0 1 18 7 5 1506 18 0 0 16 0 1 1650 17 7 5 16 2 7 1 6 0 1 1 6 2 9 1 6 0 7 1402 1314 1505 1653 1645 1 6 0 5 1 6 0 3 17 1 1 17 0 7 17 0 3 1506 1630 1418 1414 1410 1322 1318 B e v e r a g e s B a n d Food t r u c k s PP UU NN HH OO QQ UU AA SS TT V V E E T T E E R R A A N N S S T T R R CCAATTHHEERRIINNEE AAVV RR AA II NN B B OO WW D D R R REPP AVREPP AV 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-211 Approve Special Event - Winnebago Bicycle to Utilize Opera House Square (Sundial Area) for the Bike to Work Day Event, May 17, 2024 A t t a chment sAttachments RES 24-211 Bike to Work Attachment 4/23/2024 24-211 RESOLUTION     CARRIED 6-0-1 present     PURPOSE: APPROVE SPECIAL EVENT - WINNEBAGO BICYCLE TO UTILIZE OPERA HOUSE SQUARE (SUNDIAL AREA) FOR THE BIKE TO WORK DAY EVENT, MAY 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 Sean Lynch to utilize Opera House Square (sundial area) on May 17, 2024 for the Bike to Work Day event, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.        B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-212 Approve Special Event - Fox Valley Technical College to Host Their Spring Commencement at the UW Oshkosh Kolf Sports Center, May 19, 2024 A t t a chment sAttachments RES 24-212 FVTC Spring Commencement Attachment 04/23/2024 24-212 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - FOX VALLEY TECHNICAL COLLEGE TO HOST THEIR SPRING COMMENCEMENT AT THE UW OSHKOSH KOLF SPORTS CENTER, MAY 19, 2024 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Fox Valley Technical college (Lauren Gaecke) to host their Spring Commencement at the UW Oshkosh Kolf Sports Center on Sunday, May 19, 2024, from 1:00 p.m. to 3:00 p.m., in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Fire Staffing $653.92 (preliminary estimate includes 2 dedicated paramedics for 4 hrs.) Equipment / Vehicle $193.28 (preliminary estimate includes 4 hrs. of dedicated use of an ambulance)   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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-213 Approve Special Event - Wyldewood Baptist Church to Utilize Opera House Square for the Wyldewood Patriotic Church Service, May 26, 2024 A t t a chment sAttachments RES 24-213 Wyldewood Patriotic Church Service Attachment 04/23/2024 24-213 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - WYLDEWOOD BAPTIST CHURCH TO UTILIZE OPERA HOUSE SQUARE FOR THE WYLDEWOOD PATRIOTIC CHURCH SERVICE, MAY 26, 2024 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Wyldewood Baptist Church (Jason Brenenstuhl) to utilize Opera House Square for the Wyldewood Patriotic Church Service on May 26, 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. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services None   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-214 Approve Special Event - Friends of the Oshkosh Seniors Center to Utilize South Park for the Food Truck Friday Events, June 14 & August 9, 2024 A t t a chment sAttachments RES 24-214 Food Truck Fridays Attachment 04/23/2024 24-214 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - FRIENDS OF THE OSHKOSH SENIORS CENTER TO UTILIZE SOUTH PARK FOR THE FOOD TRUCK FRIDAY EVENTS, JUNE 14 & AUGUST 9, 2024   INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Friends of the Oshkosh Seniors Center (Judy Brewer) to utilize South Park on Friday, June 14 and August 9, 2024, from 8:00 a.m. to 11:00 p.m. (actual event time 5:00 p.m. to 9:00 p.m.) for the Food Truck Friday events in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such 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                                                                                                 Fire Department Inspections $150 (preliminary estimate includes 2 hrs. for fire inspections) Police Department Staffing $81.24 (preliminary estimate includes 2 dedicated CSO hrs. for set-up/tear-down of 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-215 Approve Special Event - Simply Yoga, LLC to Utilize Opera House Square for Yoga in the Park, June 8, June 29, July 6, July 13, August 10 & August 24, 2024 A t t a chment sAttachments RES 24-215 Yoga in the Park Attachment 04/23/2024 24-215 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - SIMPLY YOGA, LLC TO UTILIZE OPERA HOUSE SQUARE FOR YOGA IN THE PARK, JUNE 8, JUNE 29, JULY 6, JULY 13, AUGUST 10 & AUGUST 24, 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 Simply Yoga, LLC (Stephanie Duwe) to utilize Opera House Square on Saturdays, June 8, June 29, July 6, July 13, August 10 & August 24, 2024, from 8:30 a.m. to 9:30 a.m. for Yoga in the Park in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services None   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-216 Approve Special Event - Waterfest Inc to Utilize the Leach Amphitheater for the Waterfest Concert Series, June 13 through August 15 (Thursdays) & August 21, 2024 A t t a chment sAttachments RES 24-216 Waterfest Attachment 4/23/2024 24-216 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - WATERFEST INC TO UTILIZE THE LEACH AMPHITHEATER FOR THE WATERFEST CONCERT SERIES, JUNE 13 THROUGH AUGUST 15 (THURSDAYS) & AUGUST 21, 2024 INITIATED BY : CITY ADMINISTRATION         WHEREAS, Waterfest, Inc. through their application, has requested that beer and wine sales at the Waterfest concert series be extended to 11:00 p.m. each event night; and     WHEREAS, Waterfest, Inc., has requested to allow amplified sound until 11:00 p.m.   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Waterfest, Inc. (Rob Kleman) to utilize the Leach Amphitheater from June 13 through August 15 (Thursdays) & August 21, 2024 from 5:00 p.m. to 11:00 p.m. for the Waterfest concert series, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.  An exception to the provisions of section 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 11:00 p.m. B.  An exception to the provisions of 19-4(A)(3) of the City of Oshkosh Municipal Code, to allow amplified music to continue after 10:00 p.m. on the condition that amplified sound shall cease no later than 11:00 p.m. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Police Department Staffing $9,087.56 (preliminary estimate includes dedicated staff hours for 2 CSO's for 2 hrs. / night for 9 nights, 1 Supervisor for 5 hrs./ night for 4 nights and 4 officers for 5 hrs. for 4 nights)   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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-217 Approve Special Event - Water Lantern Festival to Utilize South Park Lagoons for the Water Lantern Festival, June 15, 2024 A t t a chment sAttachments RES 24-217 Water Lantern Festival Attachment 4/23/2024 24-217 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - WATER LANTERN FESTIVAL TO UTILIZE SOUTH PARK LAGOONS FOR THE WATER LANTERN FESTIVAL, JUNE 15, 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 Water Lantern Festival (Ethan Westenskow) to utilize South Park lagoons for the Water Lantern Festival, June 15, 2024, from 9:00 a.m. to 10:00 p.m. (actual event time 5:00 p.m.and10:00 p.m.), in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.  All debris, trash, etc. shall be removed from the ponds and surrounding area immediately following the event; B. Disturbance of native plant growth shall be avoided by using ramps to launch lanterns into the lagoons 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-218 Approve Special Event - Oshkosh Freemasons to Utilize the Leach Amphitheater for the Stellar Summer Music and Vintage Festival, July 20, 2024 A t t a chment sAttachments RES 24-218 Stellar Summer Attachment 04/23/2024 24-218 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH FREEMASONS (JORDAN WILCOX) TO UTILIZE THE LEACH AMPHITHEATER FOR THE STELLAR SUMMER MUSIC & VINTAGE FESTIVAL, JULY 20, 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 Freemasons (Jordan Wilcox) to utilize the Leach Amphitheater on July 20, 2024, from 11 a.m. to 6 p.m. for the Stellar Summer Music & Vintage Festival, in accordance with the municipal code and attached application, with the following exceptions/conditions: A.  B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services None   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-219 Approve Special Event - Downtown Business Improvement District (BID) to Utilize Market Street and Opera House Square for the Downtown Chalk Walk, August 3, 2024 A t t a chment sAttachments RES 24-219 Chalk Walk Attachment 24-219 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) TO UTILIZE MARKET STREET & OPERA HOUSE SQUARE FOR THE DOWNTOWN CHALK WALK, AUGUST 3, 2024   INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that approval is granted to the BID Consortium (Sandy Prunty) to utilize Market Street and Opera House Square on Saturday, August 3, 2024 (rain date August 10, 2024) from 6:00 a.m. to 6:00 p.m. for the Downtown Chalk Walk, in accordance with the municipal code and the attached application, with the following exceptions/conditions:   A.To allow chalk not to be removed immediately following the end of the event, a Type D modified inlet protection (or equivalent) must be installed in all inlets (approximately 7) abutting the Opera House Square.  Inlet protection must be approved by the Department of Public Works and shall be installed by a contractor licensed by the City for work in the ROW.  Inlet protection shall be installed no more than 3 days prior to the event and shall be removed once all chalk residue has disappeared from the sidewalk and no longer than 3 weeks after the rain date of the event date.  If the event is rescheduled to the rain date after installation, inlet protection may remain in place until after the event.  If Type D modified inlet protection (or equivalent) is not installed by a licensed contractor, the clean-up is to be completed through a combination of the use of a sidewalk sweeper and low-power power washing of any remaining residue as approved by the City of Oshkosh Department of Public Works. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services Police Staffing $20.31 (preliminary estimate includes setup and tear down of barricades & signs) Public Works Staffing $37.33 (preliminary estimate includes dedicated staffing of 1 hr. for the delivery & pick up of barricades) Vehicle / Equipment $31.1 (preliminary estimate includes 1 hr. of dedicated use of a truck for delivery & pick up of barricades) Supplies / Materials $22 (preliminary estimate includes dedicated use of barricades)     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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-220 Approve Special Event - Gabe's Wisconsin Kitchen and Tavern to Host Algoma Fest in the 1160 N Westhaven Dr Parking Lot, August 31, 2024 A t t a chment sAttachments RES 24-220 Algoma Fest Attachment 04/23/2024 24-220 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - GABE'S WISCONSIN KITCHEN AND TAVERN TO HOST ALGOMA FEST AT THE 1160 N WESTHAVEN DR PARKING LOT, AUGUST 31, 2024 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Gabe's Kitchen and Tavern to host Algoma Fest at the 1160 N Westhaven Dr parking lot from 2:30 p.m. - 10:30 p.m., August 31, 2024, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimate 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 :April 23, 2024 SUB JEC T:SUB JEC T : Res 24-221 Approve Special Event - Northeast Wisconsin Chinese Association (NEWCA) to Utilize Riverside Park and the Leach Amphitheater for the N.E.W. Dragon Boat Festival, September 14, 2024 A t t a chment sAttachments RES 24-221 N.E.W. Dragon Boat Festival Attachment 04/23/2024 24-221 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - NORTHEAST WISCONSIN CHINESE ASSOCIATION (NEWCA) TO UTILIZE RIVERSIDE PARK AND THE LEACH AMPHITHEATER FOR THE N.E.W. DRAGON BOAT FESTIVAL, SEPTEMBER 14, 2024 INITIATED BY : CITY ADMINISTRATION         WHEREAS, the City of Oshkosh has received a special event application from the Northeast Chinese Association (Greta Lax) to utilize Riverside Park and the Leach Amphitheater for the N.E.W Dragon Boat Festival on Saturday, September 14, 2024, and       WHEREAS, the Northeast Chinese Association, through their application, has requested the use of docks at Riverside Park along the northside of the Fox River Riverwalk from Main St. to Wisconsin St. to dock the dragon boats overnight from September 9 through September 16, 2024; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to the Northeast Wisconsin Chinese Association (Greta Lax) to utilize Riverside Park and the Leach Amphitheater on Saturday, September 14, 2024, from 5:00 a.m. to 11:59 p.m. for the N.E.W. Dragon Boat Festival (actual times: 10:00 a.m. to 8:00 p.m.) in accordance with the municipal code and the attached application, with the following exceptions/conditions:   A.An exception to the provisions of 19-7(G) to allow the dragon boats to dock overnight at Riverside Park along the north side of the Fox River Riverwalk from Main St. to Wisconsin St. from September 9 through September 16 B.The N.E.W. Dragon Boat Festival is an event sponsored by the City of Oshkosh. The Northeast Wisconsin Chinese Association, its members and volunteers are organizing and conducting the N.E.W. Dragon Boat Festival while working under the direction of the City of Oshkosh. As such, the Northeast Wisconsin Chinese Association, its members and volunteers are volunteers for the City of Oshkosh for purposes of the N.E.W. Dragon Boat Festival and are covered under the City of Oshkosh General Liability policy and no additional insurance is required for this event. C.The N.E.W. Dragon Boat Festival will work with the Oshkosh Waterfront Hotel and Convention Center to organize a "dark hour" as needed to allow for a wedding ceremony to take place at the gazebo in Riverside Park on this day.  This will entail no announcement or racing taking place in Riversdie Park during the established "dark hour". 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-222 Approve Special Event - Oshkosh Community YMCA to Utilize Opera House Square for the Explore the Y Event, September 28, 2024 A t t a chment sAttachments RES 24-222 Explore the Y Attachment 04/23/2024 24-222 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH COMMUNITY YMCA TO UTILIZE OPERA HOUSE SQUARE FOR THE EXPLORE THE Y EVENT, SEPTEMBER 28, 2024   INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council of the City of Oshkosh that approval is granted to the Oshkosh Community YMCA to utilize Opera House Square on September 28, 2024, from 8:00 a.m. to 12:30 p.m. for the Explore the Y event, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.        B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-223 Approve Special Event - Downtown Oshkosh Business Improvement District (BID) to Utilize City Streets for the Downtown BID Holiday Parade, December 5, 2024 A t t a chment sAttachments RES 24-223 Holiday Parade &Tree Lighting Attachment 04/23/2024 24-223 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT (BID) TO UTILIZE CITY STREETS FOR THE DOWNTOWN BID HOLIDAY PARADE, DECEMBER 5, 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 Downtown Oshkosh BID (Jessica Meidl) to utilize City streets (Main St. from Ceape Ave. to Irving Ave. for the parade route and Ceape Ave., State St., Otter Ave., and Court St. for the staging of parade participants) on Thursday, December 5, 2024, from 2:00 p.m. to 8:30 p.m. (actual Parade time 6:15 p.m. – 8:00 p.m.) for the Downtown BID Holiday Parade in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.  An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow horses in the City during this event, reasonabe set up and clean up and during transport to and from the event.  Horses shall not be stabled in or otherwise remain in the City except as provided in this paragraph. B.   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 :April 23, 2024 SUB JEC T:SUB JEC T : Res 24-224 Approve Special Event - Downtown Oshkosh Business Improvement District (BID) to Utilize Opera House Square and Market Street for the Reindeer in the Square Event, December 14, 2024 A t t a chment sAttachments RES 24-224 Reindeer in the Square Attachment 04/23/2024 24-224 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT (BID) TO UTILIZE OPERA HOUSE SQUARE AND MARKET STREET FOR THE REINDEER IN THE SQUARE EVENT, DECEMBER 14, 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 Downtown Oshkosh BID (Jessica Meidl) to utilize Opera House Square and Market Street, Saturday, December 14, 2024, from 1:30 p.m. to 4:30 p.m. for the Reindeer in the Park event, in accordance with the municipal code and the attached application, with the following exceptions/conditions:   A.An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow reindeer in the park 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 Streets Department Staffing $37.33 (preliminary estimate includes 1 hr. of dedicated staff time for delivery / pick up for barricades) Equipment / Vehicle Use $31.81 (preliminary estimate includes dedicated vehicle use for delivery / pick up of barricades for 1 hr.) Supplies / Materials $22 (preliminary estimate includes use of barricades and signs)   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-225 Approve Waiver for Cavanaugh's Carriages to Allow Horses in the City through December 31, 2024 A t t a chment sAttachments RES 24-225 Request for Waiver - Cavanaugh Attachment 04/23/2024 24-225 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE WAIVER FOR CAVANAUGH'S CARRIAGES TO ALLOW HORSES IN THE CITY THROUGH DECEMBER 31, 2024 INITIATED BY : CITY ADMINISTRATION         WHEREAS, the City of Oshkosh Municipal Code, section 6-6 prohibits the bringing or keeping of horses into the City; and     WHEREAS, Cavanaugh's Carriages is in the business of providing horse-drawn carriage rides and has requested a waiver from this ordinance for the purpose of bringing horses into the City for carriage rides on a temporary basis through December 31, 2024. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that Cavanaugh's Carriages is hereby granted a waiver from the prohibition on bringing or keeping horses in the City of Oshkosh until December 31, 2024, with the following conditions: Cavanaugh's Carriage shall file with the Special Events Coordinator proof of insurance with such an amount acceptable by the City Attorney; A. Cavanaugh's Carriages shall obey all traffic and ordinance regulations, including those regulations applicable to slow-moving vehicles and parking; B. Cavanaugh's Carriages shall be responsible for the immediate clean-up and proper disposal of any waste or litter attributable to their operations; C. Cavanaugh's Carriages shall notify the Oshkosh Police Department at least 3 business days in advance of those dates and times that it anticipated operating within the City and shall provide the location of the operations and any other information deemed relevant by the Police Department; and D. Horses shall only be allowed in the City during the event, reasonable set-up and clean-up, and during the transport and shall not remain in the City overnight. E.   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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-226 Approve Temporary Liquor License Extension - Kelly's Bar Graduation Event on May 17, 2024 and May 18, 2024 A t t a chment sAttachments RES 24-226 Kelly's Bar Temp Extension 04/23/2024 24-226 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE TEMPORARY LIQUOR LICENSE EXTENSION - KELLY'S BAR 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: TEMPORARY EXTENSION OF LIQUOR LICENSE Kelly's Bar (DSchultz LLC)........................219 Wisconsin St, Oshkosh, WI 54901 Premise Description: 219 Wisconsin St, main bar with a walk-in cooler for storage Event Name: Beer Gardens/Graduation Date/Time of Event: May 17, 2024 from 4:00pm to 12:00am and May 18, 2024 from 4:00pm to 12:00am Person in Charge: Daniel Schultz Liquor License Extension Area: the parking lot, which will be fenced off   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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-227 Approve Special Class "B" Licenses A t t a chment sAttachments RES 24-227 04/23/2024 24-227 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL CLASS "B" LICENSES INITIATED BY : CITY CLERK         WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews required by city ordinance have been completed; and     WHEREAS, 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: Friends of the Oshkosh Senior Center Event Name: Volunteer Appreciation April 24, 2024 5:00pm to 7:00pm Location: 200 N Campbell Road, Oshkosh, WI 54902 Person in Charge: Jenny McCollian Friends of the Oshkosh Senior Center Event Name: Food Truck Friday June 14, 2024 5:00pm to 9:00pm Location: South Park - 659 W South Park Ave, Oshkosh, WI 54902 Person in Charge: Christine Kniep Friends of the Oshkosh Senior Center Event Name: Food Truck Friday August 9, 2024 5:00pm to 9:00pm Location: South Park - 659 W South Park Ave, Oshkosh, WI 54902 Person in Charge: Christine Kniep   TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-228 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 appointment listed below: B I D B oa r dBID B oa r d Logan Jungbacker, appointed to Seat 3, effective 4/24/2024, term expiring 5/31/2024 L a nd ma r k s Commis s ionLandmarks C om mis s ion Vicky Redlin, appointed to Alternate 1, effective 4/24/2024, term expiring 5/31/2025 L ib r a ry B oa rdLibrary B o a r d Anthony Kneepkens, appointed to Seat 6, effective 6/1/2024, term expiring 5/31/2027 Pla n C ommis s ionPlan C o mm is s io n Kristopher Ulrich, moving from Alternate 2 to Seat 1, effective 6/1/2024, term expiring 5/31/2027 Police a nd Fire C ommis s ionPolice a nd Fir e C o mm is s io n Todd Wrage, appointed to Seat 2, effective 6/1/2024, term expiring 5/31/2029 Sus t a ina b ilit y A d vis ory B oa rdSustainability A d vis or y B o a r d Alyssa Reinke, appointed to Alternate 1, effective 4/24/2024, term expiring 5/31/2025 A t t a chment sAttachments RES 24-228 BID Board_Jungbacker Logan Landmarks_Redlin Vicky Library_Kneepkens Anthony Police and Fire_Wrage Todd Sustainability Advisory Board_Reinke Alyssa 4/23/2024 24-228 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: BID BOARD LANDMARKS COMMISSION LIBRARY BOARD PLAN COMMISSION POLICE AND FIRE COMMISSION 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 and commissions are made by Mayor Matt Mugerauer, as listed below, and are hereby approved: BID Board Logan Jungbacker, appointed to Seat 3, effective 4/24/2024, term expiring 5/31/2024   Landmarks Commission Vicky Redlin, appointed to Alternate 1, effective 4/24/2024, term expiring 5/31/2025   Library Board Anthony Kneepkens, appointed to Seat 6, effective 6/1/2024, term expiring 5/31/2027   Plan Commission  Kristopher Ulrich, moved from Alternate 2 to Seat 1, effective 6/1/2024, term expiring 5/31/2027   Police and Fire Commission Todd Wrage, appointed to Seat 2, effective 6/1/2024, term expiring 5/31/2029   Sustainability Advisory Board Alyssa Reinke, appointed to Alternate 1, effective 4/24/2024, term expiring 5/31/2025   1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Friday, February 16, 2024 9:51 AM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire Follow Up Flag:Follow up Flag Status:Flagged City of Oshkosh Board/Commission Background Questionnaire Date:2/16/2024 9:50:45 AM Board/Commission BID Board Name (Last, First, Middle) Address City State Zip Logan Jungbacker 1225 Summit Ave. #218 Oshkosh, WI 54901 Employer Occupation: Olympic Realty Corp. Real Estate 18 Years of Age or Older Yes Home Phone 920-203-3106 Business Phone 920-233-7219 Email Address ljungbacker@alexanderbishop.com Cell Phone 920-203-3106 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 34 Education: B.A. History, University of Wisconsin-Madison 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: I own multiple properties within the BID. List City boards, commissions or committees on which you have served: Years: 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? As a current real estate professional based in downtown Oshkosh, I bring a unique blend of education, experience and specialized qualifications that align closely with the objectives and responsibilities of a BID board member. I hold a Bachelors degree from the University of Wisconsin-Madison and membership to multiple trade associations such as the Urban Land Institute, the International Council of Shopping Centers, National Apartment Association, Mortgage Bankers Association and the National Association of Home Builders. With over a decade of experience in the real estate industry, I have actively participated in various facets of property management, development, and investment. My experience spans across both residential and commercial sectors, allowing me to understand the diverse needs and dynamics of different types of properties and businesses within the Business Improvement District. If selected, how would you work towards bettering the community through service on the Board/Commission? Throughout my career, I have actively engaged with local communities, stakeholders, and government agencies to facilitate positive change and development initiatives. I have attended multiple conferences and symposiums dedicated to urban renewal, affordable housing, and small business development, all of which support my commitment to fostering vibrant and inclusive neighborhoods. I am eager to leverage my expertise and passion for community development to contribute meaningfully to the continued growth and prosperity of Downtown Oshkosh. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Wednesday, January 31, 2024 1:42 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:1/31/2024 1:41:51 PM Board/Commission Landmarks or Sustainability Boards Name (Last, First, Middle) Address City State Zip Vicky Redlin 1050 Greenfield Trail Oshkosh WI 54904 Employer Occupation: Winnebago County Parks/Expo retired 18 Years of Age or Older Yes Home Phone (920) 479-4449 Business Phone (920) 479-4449 Email Address vixes2002@gmail.com Cell Phone (920) 479-4449 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 59 Education: UWO Be in Art, minors in English and German History 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 committees on which you have served: Years: Museum Arts & Culture formerly Museum Board 2 Public Art now Museum Arts and Culture Board 4 Bike Ped now Transportation Commission 7 Landmarks Commission 7 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? Previous Landmarks Commission Chair, Chair of Winnebago County Sustainability Committee If selected, how would you work towards bettering the community through service on the Board/Commission? By preserving our treasured landmarks and environment for future generations. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Monday, March 11, 2024 11:34 AM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:3/11/2024 11:33:45 AM Board/Commission Oshkosh Public Library Board of Trustees Name (Last, First, Middle) Address City State Zip Anthony T Kneepkens 1120 Locust St Oshkosh, WI 54902 Employer Occupation: Horicon Bank Banker 18 Years of Age or Older Yes Home Phone (920) 420-9579 Business Phone (920) 204-0723 Email Address tonytk4417@gmail.com Cell Phone (920) 420-9579 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 6 Education: Associate degree - FVTC - Banking and Financial Services - Fall 2011 Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: n/a List any potential conflicts of interest: n/a List City boards, commissions or committees on which you have served: Years: Oshkosh Public Library Board of Trustees - Adjunct OPL Board Member (9/23 - 5/24) 1 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? I have learned a great deal during my tenure as adjunct board member during the Leadership Oshkosh program. When my OPL Board tenure started, the library was being directed on an interim basis during nationwide a search for a new director. Although not part of the specific meetings for the hiring/selection process, I have had the chance to be a part of the board meetings since director Eschete has assumed the role and have had the chance to see the impact he is making while he puts his stamp on the organization. I have also recently joined the finance subcommittee for the library board, which I have enjoyed so far. If selected, how would you work towards bettering the community through service on the Board/Commission? I believe that I would be a good fit for the OPL board of trustees based on my role and contacts as a small business lender in the area as well as a current participant in (and theoretical eventual graduate from) the Leadership Oshkosh class of 2024. My intention, if selected, would be to continue as a member of the library finance committee and to continue to be an advocate for both the library itself, as well as the numerous community initiatives that it supports. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Thursday, February 15, 2024 4:53 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire Follow Up Flag:Follow up Flag Status:Flagged City of Oshkosh Board/Commission Background Questionnaire Date:2/15/2024 4:53:07 PM Board/Commission Police and Fire Commission Name (Last, First, Middle) Address City State Zip Todd M Wrage 420 Bowen St Oshkosh WI 54901 Employer Occupation: Retired Oshkosh Police Department 2023. Currently employed part-time at Fox Valley Technical College Retired law enforcement and current part-time adjunct instructor 18 Years of Age or Older Yes Home Phone (920)203-9114 Business Phone (920)560-1600 Email Address twrage@new.rr.com Cell Phone (920)203-9114 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 30 Education: High School Diploma & Associate Degree in Criminal Justice. Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): Yes List name, department and relationship: No List any potential conflicts of interest: None List City boards, commissions or committees on which you have served: Years: 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? I served 29 years on the City of Oshkosh Police Department and retired in good standing on Feb. 21, 2023. Suring my employment with the department as the Sergeant of Training/Sergeant of Professional Development I was heavily involved in the hiring processes and sat on many interview panels. I was also responsible for onboarding new employees and assisting others seeking advancement or specialized positions. In addition I led the career development program. If selected, how would you work towards bettering the community through service on the Board/Commission? I would work to ensure that the best candidates are selected for the appropriate positions within the Police and Fire Departments and that the best practices in hiring and screening are applied. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Wednesday, March 13, 2024 1:49 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:3/13/2024 1:49:24 PM Board/Commission Sustainability Advisory Board Name (Last, First, Middle) Address City State Zip Alyssa Reinke 1650 Iowa St Oshkosh, Wisconsin 54902 Employer Occupation: Fox-Wolf Watershed Alliance Northeast Wisconsin Stormwater Consortium Coordinator 18 Years of Age or Older Yes Home Phone (920)634-8593 Business Phone (920)851-4336 Email Address alyssa@fwwa.org Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: <1 Education: -Associates of Arts & Science from the University of Wisconsin Fond du Lac -Bachelors of Science in Geography & Environmental Studies, Policy & Values from the University of Wisconsin Oshkosh Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: Not Applicable List any potential conflicts of interest: None List City boards, commissions or committees on which you have served: Years: 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? My college education and current job position have provided me with a solid foundation of qualifications. During my college years, I held multiple leadership positions in various campus clubs, including a role on UWO's Green Fund. Specializing in sustainable stormwater management, my expertise spans a wide range of topics. A significant aspect of my current position involves researching sustainable choices and actions individuals can take in their daily lives to preserve water quality, and employing various formats to educate the public about them. My role is diverse, requiring collaboration with numerous groups and stakeholders. I've always been passionate about engaging residents, municipalities, and businesses in adopting more sustainable practices. Although I'm relatively new to Oshkosh, I'm eager to establish roots in the community and contribute to its sustainability efforts. I see joining the Sustainability Advisory Board as mutually beneficial. Firstly, it allows me to leverage my expertise in stormwater management to engage with different community members, including the general public and municipal staff. This engagement not only benefits the board and the community but also allows me to immerse myself in Oshkosh's sustainable initiatives as a new resident. In summary, I bring a combination of personability and expertise to the table. With a passion for environmental work and a diverse skill set, I am eager to contribute to the betterment of Oshkosh and integrate into its vibrant community. If selected, how would you work towards bettering the community through service on the Board/Commission? As a newcomer to Oshkosh, my initial priority is to gain a deeper understanding of the city's sustainability initiatives. However, drawing from my experience, I have numerous ideas for engaging both the general public and municipal staff in these efforts. I strongly believe that community sustainability hinges on educating and empowering residents to understand and participate in relevant initiatives. To achieve this, I propose employing a variety of educational messaging formats, including social media posts, mailings, and direct engagement at community events. My position has equipped me with a wealth of strategies for effectively engaging with the general public, and I am eager to leverage this expertise to benefit the community. By focusing on educational outreach and direct engagement, I am confident that we can foster greater awareness and involvement among residents, ultimately contributing to the enhancement of Oshkosh's sustainability efforts. TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-229 Approve Reappointments 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 reappointments listed below: A d vis ory P a rk B oa rdAdvisory P a r k B o a r d Becky Metz to Seat 2, term ending 5/31/2027 Lester Millette to Seat 3, term ending 5/31/2027 Steve Herman to Alternate 2, term ending 5/31/2026 B I D B oa r dBID B oa r d Marlo Ambas to Seat 1, term ending 5/31/2027 Chanda Anderson to Seat 2, term ending 5/31/2027 Logan Jungbacker, to Seat 3, term ending 5/31/2027 Autumn Urban to Seat 4, term ending 5/31/2027 Andy Ratchman to Seat 10, term ending 5/31/2027 B oa r d of Z oning A p p e a lsBoard of Z o ning A p p e a ls Jeff Armstrong to Seat 2, term ending 5/31/2027 D ive r s it y, Eq uit y , a nd I nclus ion C ommit t e eDiversity, Eq uit y , a nd I nclus io n C o mm it t e e Marina Kenowski to Alternate 2, term ending 5/31/2026 E xt r a t e r r it oria l Zoning C ommit t e eExtraterritorial Zoning C o mm it t e e Margy Davey to Seat 1, term ending 5/31/2027 L a nd ma r k s Commis s ionLandmarks C om mis s ion Sara Stichert to Seat 3, term ending 5/31/2027 Shirley Brabender-Mattox to Seat 4, term ending 5/31/2027 Kristopher Ulrich to Alternate 2, term ending 5/31/2026 L ib r a ry B oa rdLibrary B o a r d David Rucker to Seat 5, term ending 5/31/2027 Kim Brown as the representative for the Oshkosh Area School District Superintendent, term ending 5/31/2025 L ong Ra nge Fina nce C ommit t e eLong Ra nge F ina nce C o mm it t e e Koby Schellenger to Seat 1, term ending 5/31/2027 Todd Hutchinson to Seat 2, term ending 5/31/2027 M us e um, A r t s , a nd Cult ur e B oa r dMuseum, A r t s , a nd C ult ur e B oa r d Rebecca Matzke to Seat 1, term ending 5/31/2027 Erron Hundt to Alternate 1, term ending 5/31/2026 Pla n C ommis s ionPlan C o mm is s io n Edward Bowen to Seat 4, term ending 5/31/2027 Meredith Scheuermann to Seat 5, term ending 5/31/2027 Red e ve lop me nt A ut horit yRedevelopment A ut hor it y Susan Panek to Seat 7, term ending 5/31/2027 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 to Seat 1, term ending 5/31/2027 Vic Oliver to Seat 5, term ending 5/31/2027 Tr a ns p ort a t ion C ommit t e eTransportation C o mm it t e e Evelyn Meuret to Seat 1, term ending 5/31/2027 Sean Lynch to Alternate 1, term ending 5/31/2026 A t t a chment sAttachments RES 24-229 4/23/2024 24-229 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE REAPPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: ADVISORY PARK BOARD BID BOARD BOARD OF ZONING APPEALS DIVERSITY, EQUITY & INCLUSION COMMITTEE EXTRATERRITORIAL ZONING COMMITTEE LANDMARKS COMMISSION LIBRARY BOARD LONG RANGE FINANCE COMMITTEE MUSEUM, ARTS & CULTURE BOARD PLAN COMMISSION REDEVELOPMENT AUTHORITY SUSTAINABILITY ADVISORY BOARD TRANSPORTATION COMMITTEE INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, in accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointments to the various boards and commissions are made by Mayor Matt Mugerauer, as listed below, and are hereby approved: Advisory Park Board Becky Metz to Seat 2, term ending 5/31/2027 Lester Millette to Seat 3, term ending 5/31/2027 Steve Herman to Alternate 2, term ending 5/31/2026   BID Board Marlo Ambas to Seat 1, term ending 5/31/2027 Chanda Anderson to Seat 2, term ending 5/31/2027 Logan Jungbacker, to Seat 3, term ending 5/31/2027 Autumn Urban to Seat 4, term ending 5/31/2027 Andy Ratchman to Seat 10, term ending 5/31/2027   Board of Zoning Appeals Jeff Armstrong to Seat 2, term ending 5/31/2027   Diversity, Equity & Inclusion Committee Marina Kenowski to Alternate 2, term ending 5/31/2026   Extraterritorial Zoning Committee Margy Davey to Seat 1, term ending 5/31/2027   Landmarks Commission Sara Stichert to Seat 3, term ending 5/31/2027 Shirley Brabender-Mattox to Seat 4, term ending 5/31/2027 Kristopher Ulrich to Alternate 2, term ending 5/31/2026   Library Board David Rucker to Seat 5, term ending 5/31/2027 Kim Brown as the representative for the Oshkosh Area School District Superintendent, term ending 5/31/2025   Long Range Finance Committee Koby Schellenger to Seat 1, term ending 5/31/2027 Todd Hutchinson to Seat 2, term ending 5/31/2027   Museum, Arts, and Culture Board Rebecca Matzke to Seat 1, term ending 5/31/2027 Erron Hundt to Alternate 1, term ending 5/31/2026 Plan Commission Edward Bowen to Seat 4, term ending 5/31/2027 Meredith Scheuermann to Seat 5, term ending 5/31/2027   Redevelopment Authority Susan Panek to Seat 7, term ending 5/31/2027   Sustainability Advisory Board Jacob Klaameyer to Seat 1, term ending 5/31/2027 Vic Oliver to Seat 5, term ending 5/31/2027   Transportation Committee Evelyn Meuret to Seat 1, term ending 5/31/2027 Sean Lynch to Alternate 1, term ending 5/31/2026 BE IT FURTHER RESOLVED that these appointments have an effective date of June 1, 2024.    TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-230 Approve Appointments of Council Members as Liaisons 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 appointment listed below: B oa r d N a meBoard N a me C ounc ilCouncil Re p res ent a t iveRepresentative Advisory Park Board Jacob Floam Diversity, Equity & Inclusion Committee Karl Buelow Housing Authority Kris Larson Landmarks Commission Jacob Floam Long Range Finance Committee Karl Buelow Museum, Arts & Culture Board Joe Stephenson Plan Commission DJ Nichols Redevelopment Authority Matt Mugerauer Sustainability Advisory Board Joe Stephenson Transportation Committee Paul Esslinger Additional assignments that do not require Council approval include the following: B oa r d N a meBoard N a me CouncilCouncil Rep r e s e nt iveRepresentive Oshkosh Convention and Visitors Bureau Kris Larson The Grand Oshkosh Joe Stephenson A t t a chment sAttachments RES 24-230 4/23/2024 24-230 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE APPOINTMENTS OF COUNCIL MEMBERS AS LIAISONS TO THE FOLLOWING BOARDS AND COMMISSIONS: ADVISORY PARK BOARD DIVERSITY, EQUITY & INCLUSION COMMITTEE HOUSING AUTHORITY LANDMARKS COMMISSION LONG RANGE FINANCE COMMITTEE MUSEUM, ARTS & CULTURE BOARD PLAN COMMISSION REDEVELOPMENT AUTHORITY SUSTAINABILITY ADVISORY BOARD TRANSPORTATION COMMITTEE INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, in accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Council representative appointments to the various boards and commissions are made by Mayor Matt Mugerauer, as listed below, with an effective date of April 24, 2024, and are hereby approved:   Board Council Representative Advisory Park Board Jacob Floam Diversity, Equity & Inclusion Karl Buelow Housing Authority Kris Larson Landmarks Commission Jacob Floam Long Range Finance Committee Karl Buelow Museum, Arts & Culture Board Joe Stephenson Plan Commission DJ Nichols Redevelopment Authority Matt Mugerauer Sustainability Advisory Board Joe Stephenson Transportation Committee Paul Esslinger   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 :April 23, 2024 SUB JEC T:SUB JEC T :Ord 24-231 Approve Request to Annex to the City from the Town of Oshkosh -- Valley Christian School (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND Wisconsin Independent Christian Schools, Inc. and the City of Oshkosh are requesting direct annexation (by unanimous approval) of approximately 36.843 acres of land currently located at the 3100-3200 Blocks of Vinland Street in the Town of Oshkosh. The subject site is predominantly vacant and being farmed except for the City-owned lot (Outlot 1). The property has a Town of Oshkosh General Farming District (A-2) zoning designation (Lots 1 & Outlot 1), and Light Industrial District (M-1) (Lot 2) zoning designation. The surrounding area is generally agricultural/undeveloped in nature to the north, east, and south. To the west there are several single- family uses and vacant single-family lots along Vinland Street. The property will be annexed with temporary and permanent zonings of Institutional District with Planned Development Overlay (I-PD), which is consistent with the Comprehensive Plan's Mixed-use land use recommendation. A N A L Y SI SANALYSIS Wisconsin Independent Christian Schools, Inc., recently acquired Lots 1 & 2 of CSM 5975. It is planned that Lot 1 will be developed as the new Valley Christian High School. Preliminary plans have been submitted to the City. The development will require base standard modifications, which is the reason the Planned Development Overlay is being added to the Institutional zone designation. However, the subject site must be annexed to the City before any formal reviews and approvals can be taken by the City. FI SC A L I M P A CTFISCAL I M P A C T Approval of this project will result in approximately $5,600 of required connection charges by the applicant for water. The Department of Public Works is still finalizing the required connection charges for sanitary sewer. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the annexation as requested on April 2, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 24-231 Valley Christian School Annexation Annexation Review Letter 4/23/2024 24-231 ORDINANCE   SECOND READING     4/9/2024 24-186 ORDINANCE   FIRST READING     CARRIED 7-0     PURPOSE: APPROVE VALLEY CHRISTIAN SCHOOL ANNEXATION FROM THE TOWN OF OSHKOSH, EAST SIDE OF THE 3100-3200 BLOCKS OF VINLAND STREET INITIATED BY : WISCONSIN INDEPENDENT CHRISTIAN SCHOOLS, INC   PLAN COMMISSION RECOMMENDATION: Approved   A GENERAL ORDINANCE OF THE CITY ANNEXING CERTAIN TERRITORY TO THE CITY OF OSHKOSH. The Common Council of the City of Oshkosh do ordain as follows:     WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of all the real property within such territory and all of the electors residing in said territory; and WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and WHEREAS, said annexation petition together with a description of the territory to be annexed and a scale map showing the boundaries of such territory and its relation to the municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the Town of Oshkosh; and WHEREAS, a copy of said annexation petition together with a description of the territory to be annexed and a scale map having been mailed to the affected municipal and school district clerks and the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce within five (5) days of the filing of said petition; and             WHEREAS, not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and             WHEREAS, the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce has issued his opinion that the annexation is not contrary to the public interest; and             WHEREAS, the petitioners have requested that the annexation ordinance temporarily designate the classification of the annexed area for zoning purposes; and     WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said property be temporarily zoned as follows:  Institutional District with a Planned Development Overlay (I-PD)   NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. The following described territory, pursuant to a duly circulated and filed annexation petition for     SECTION 1. The following described territory, pursuant to a duly circulated and filed annexation petition for direct annexation is hereby annexed to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 15th Ward of said City and subject to Wisconsin Statutes and the amendments as described in the attached "Exhibit A".     SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries and Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes.     SECTION 3. The proper City officials are hereby authorized and directed to comply with the following requirements of Section 66.0217(9) of the Wisconsin Statutes and the City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the annexation petition and the adoption of this Ordinance. SECTION 4.  Said property hereinabove described is hereby temporarily zoned as follows: Institutional District with a Planned Development Overlay (I-PD) SECTION 5.  This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 6.  Publication Notice.  Please take notice that the City of Oshkosh enacted Ordinance #24-231 APPROVE VALLEY CHRISTIAN SCHOOL ANNEXATION FROM THE TOWN OF OSHKOSH, EAST SIDE OF THE 3100-3200 BLOCKS OF VINALND STREET on April 23, 2023. The Ordinance annexed property to the City of Oshkosh. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.oshkoshwi.gov . Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: VALLEY CHRISTIAN SCHOOL ANNEXATION FROM THE TOWN OF OSHKOSH, EAST SIDE OF THE 3100-3200 BLOCKS OF VINLAND STREET Plan Commission Meeting of April 2, 2024. GENERAL INFORMATION Petitioners/Property Owners: Wisconsin Independent Christian Schools, Inc. and the City of Oshkosh Action(s) Requested: The petitioners are requesting direct annexation (by unanimous approval) of approximately 36.843 acres of land currently located at the 3100-3200 Blocks of Vinland Street in the Town of Oshkosh. Applicable Ordinance Provisions: Procedures concerning annexations are located within Section 30-360 of the City of Oshkosh Zoning Ordinance as well as within Section 66.0217 of the Wisconsin State Statutes. Property Location and Background Information: The owners are requesting approval of an annexation of three lots (Lots 1 & 2 and Outlot 1 of Certified Survey Map Number (CSM) 5975) totaling approximately 36.843 acres located on the east side of Vinland Street approximately ½ mile south of W. Snell Road. The land is undeveloped and is approximately 1,360 feet wide by 1,280 feet deep. The subject site is predominantly vacant and being farmed except for the City-owned lot (Outlot 1). The property has a Town of Oshkosh General Farming District (A-2) zoning designation (Lots 1 & Outlot 1) and Light Industrial District (M-1) (Lot 2) zoning designations. The surrounding area is generally agricultural/undeveloped in nature to the north, east and south. To the west there are several single-family uses and vacant single-family lots along Vinland Street. The property will be annexed with a temporary and permanent zonings of Institutional District with Planned Development Overlay (I-PD) which is consistent with the Comprehensive Plan’s Mixed-use land use recommendation. Subject Site Existing Land Use Zoning Vacant/Agricultural General Farming District (A-2) & Light Industrial District (M-1) (Town of Oshkosh) Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Multi-Family Residential-12 (MR-12) South Agricultural Residential District (Non-subdivided) (R-1) (Town of Oshkosh) East Vacant/Undeveloped/Commercial Residential District (Non-subdivided) (R-1), Light Industrial District (M-1), General Business District (B-3) & Community Business District (B- 2) (Town of Oshkosh) West Commercial Suburban Residential District (Subdivided) (R-2) (Town of Oshkosh) Comprehensive Plan Land Use Recommendation Land Use Comprehensive Plan 2040 Recommendation Industrial ANALYSIS Wisconsin Independent Christian Schools, Inc., recently acquired Lots 1 & 2 of CSM 5975. It is planned that Lot 1 will be developed as the new Valley Christian High School. Preliminary plans have been submitted to the City. The development will require base standard modifications which is the reason the Planned Development Overlay is being added to the Institutional zone designation. However, the subject site must be annexed to the City before any formal reviews and approvals can be taken by the City. Outlot 1, which is owned by the City, is part of a planned extension for W. Fernau Avenue connecting to Jackson Street. A future annexation will be needed to add the remainder of city-owned lands into the City pending some minor land acquisitions at the Jackson/W. Fernau intersection. The Comprehensive Plan designates this area as appropriate for mixed-use which is consistent with the proposed I Zoning District and proposed high school development. The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main, are available along Vinland Street. Connection charges will be collected for the utilities upon annexation. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. RECOMMENDATION/CONDITIONS The Plan Commission recommended approval of the annexation from the Town of Oshkosh at the subject site with the findings and conditions on April 2, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Council Member Esslinger, Mr. Ulrich, Ms. Propp, Ms. Scheuermann, Mr. Bowen, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The petitioners are requesting direct annexation (by unanimous approval) of approximately 36.843 acres of land currently located at the 3100-3200 Blocks of Vinland Street in the Town of Oshkosh. 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 owners are requesting approval of an annexation of three lots (Lots 1 & 2, and Outlot 1 of Certified Survey Map Number (CSM) 5975) totaling approximately 36.843 acres. The site is located on the east side of Vinland Street approximately ½ mile south of West Snell Road. The site is predominantly vacant and being farmed except for the City-owned lot (Outlot 1). The property has a Town of Oshkosh General Farming District (A-2) zoning designation (Lots 1 & Outlot 1), and Light Industrial District (M-1) (Lot 2) zoning designation. The property will be annexed with zoning designation of Institutional District with Planned Development Overlay (I-PD), which is consistent with the Comprehensive Plan’s Mixed-use land use recommendation. It is planned that Lot 1 will be developed as the new Valley Christian High School. The development will require base standard modifications which is the reason the Planned Development Overlay is being added to the Institutional zone designation. Outlot 1, which is owned by the City, is part of a planned extension for West Fernau Avenue connecting east to Jackson Street. The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main are available along Vinland Street. Staff recommends approval of the Valley Christian School Annexation with zonings of Institutional Zoning District with Planned Development Overlay (I-PD) as requested. Mr. Kiefer opened up technical questions to staff. Ms. Scheuermann wanted further explanation regarding unanimous consent. Mr. Lyons stated it means unanimous approval from the property owners, which in this case is the City of Oshkosh and Valley Christian. Ms. Propp asked if Lot 2, owned by Valley Christian, was going to be part of the school. Mr. Lyons stated it is anticipated right now that there will be some storm water needs as part of the development, and the road development. The City end up purchasing a portion of Lot 2 for storm water management for the new road that is going in. Mr. Nichols asked about ownership of the lots to the east of Outlot 1, which extend to Jackson Street. He also inquired if they are located within the City, or if we should be annexing those as well. Mr. Lyons stated they are owned by the City of Oshkosh. He believes they are in the City but will have to verify (they are in the Town of Oshkosh). There is some additional right-of-way work that we are doing to be able to make the road go through. You will probably see more on this Fernau extension at future meetings as the rest of the necessary pieces are ready. Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements. Dean Schulz with Excel Engineering, out of Fond du Lac, made himself available for questions. He stated Brad Dunn, Head of Schools with Valley Christian, is also in attendance and available for questions. Mr. Kiefer asked if other members of the public wished to speak. Craig Simon, of 3185 Jackson Street, asked if there was a site plan showing where they are planning to put a road, how are their water needs going to affect the property, and is there going to be runoff from their property. Seeing that most of the land between the buildings and the back property line are pretty close to wetlands. Has there been research there as to how you are going to handle that. Are you going to increase the level of flooding and usefulness of my backyard. Mr. Lyons stated, by ordinance, they will have to maintain all storm water on their own site. They cannot discharge storm water onto the adjoining property. Once development takes place it should actually improve any water that is currently the farmland run off. Soon as it gets developed, by the school, they now have to withhold all of their own water and discharge it into the storm sewer system. Mr. Simon asked if plans have been submitted. Mr. Lyons stated we have not seen any plans yet for the school. Mr. Simon stated most of the people in that area actually hunt in that section. It is the Town of Oshkosh so it is a legal area to gun hunt. Are they going to be very squirrelly when people are shooting towards their football field. Mr. Lyons stated he would defer that to the Valley Christian representatives. Teresa Doemel, of 3243 Vinland Street, owns the house directly across from where this proposed school will be. There is probably nothing I can do but we enjoy that open area. There is lots of deer and turkeys. My main concern is that it will increase traffic on my road. It is going to be a pain to get in and out of my driveway. Noise as well. We chose that area because it is quiet. We have a well and septic in the Town of Oshkosh, and I do not want to be forced to have to pay for City water and sewer. Do you know if that is going to be a situation. Mr. Lyons stated right now if you are not in the City that would not be relevant. Mr. Gohde stated until you are attached or annexed into the City there would be no means for the City to force you to attach. Mr. Lyons stated the City does not do forceful annexations. Ms. Doemel asked if sidewalks would be installed on both sides of the street. Mr. Lyons stated that if sidewalks are put in, they could only be done the City side. Mr. Kiefer closed the public hearing and asked if the applicant wanted to make a closing statement. Mr. Schulz stated they have done a wetland delineation of their property, and they know where the wetlands are at. We will be addressing developing around with the DNR. Motion by Ulrich to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Kiefer asked if there was any discussion on the motion. Ms. Scheuermann wanted to discuss annexation. If neighbors wanted to annex, do you have to have three-fourths of a neighborhood. What are the specifics around that. Mr. Lyons stated there are many different types of annexations. There is unanimous annexation, like this one, where all property owners are choosing to. There are areawide annexations where a certain percentage of the properties could request to be brought in. We had one maybe about two years ago up towards the lake that was that scenario. Each situation is a little bit different. State statute outlines how that process would work if there was an areawide annexation. I think you maybe need 51% of the area to make the request, and then it would be up to Council to determine if they wanted to annex that area in or not. It is generally a City’s policy to not do forceful annexation. Mr. Esslinger stated anything the developer would like to put there would have to come back to the City staff, go through Plan Commission, and be voted on by Council. Mr. Lyons stated that is correct if the annexation is completed. That is why the I-PD zoning district is expected. That means any development would have to come back through Plan Commission, Council, and neighborhood meetings, for what the actual development plans are going to look like. Motion carried 7-0. Page 4 ANNEXATION VINLAND STREET PC: 4-2-2024 JEFFREY SUNDQUIST 3320 VINLAND ST OSHKOSH WI 54901 ELIZABETH MALOUF 3298 VINLAND ST OSHKOSH WI 54901 LACHANDRA BUTLER 3295 VINLAND ST OSHKOSH WI 54901 LAURA DUTSCHECKE 3281 VINLAND ST OSHKOSH WI 54901 TERESA DOEMEL 1902A E MURDOCK AVE OSHKOSH WI 54901 JAMES & MARILYN SAWICKI ET W4037 COUNTY RD Q FOND DU LAC WI 54937 RICHARD & KAREN WILLOUGHBY 3159 VINLAND ST OSHKOSH WI 54901 RUSCH HOMES LLC 2950 BUTLER ST LINCOLN ND 58504 JACKSON LOGAN LLC C/O ALEXANDER & BISHOP 300 N MAIN ST STE 300 OSHKOSH WI 54901 SIMONS AUTO SERVICE LLC 3185 JACKSON ST OSHKOSH WI 54901 JERRY DUGGAN 3141 JACKSON ST OSHKOSH WI 54901 ROBERT T MARTIN IRREV TST VIRGINIA TAWAWILI TSTE 3123 JACKSON ST OSHKOSH WI 54901 LEE KIENAST 2131 LIN WAY CT OSHKOSH WI 54904 MARK SCHULTZ 3051 JACKSON ST OSHKOSH WI 54901 MSN JACKSON RENTALS LLC 3051 JACKSON ST OSHKOSH WI 54901 OSHKOSH STORAGE CO INC 1110 INDUSTRIAL AVE OSHKOSH WI 54901 PAUL & ANNE MOLITOR 3121 VINLAND ST OSHKOSH WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 Page 5 F REE DO M AV EICH STAD T R D VINL AND ST W F E R N A U AV Oshko sh City Li mit Oshko sh City Li mit O s h k o s h C ity Li m it O s h k o s h C ity Li m it 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: 3/12/2024 1 in = 240 ft 1 in = 0.05 mi¯3 PARCELS ON THE EAST3100 BLOCK OF VINLAND ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 6 I N D U S T R I A L AVINDUSTRIAL AV FREED OM A V CH RI ST IA N D R EICHSTADT RD FARMINGTON AV FERNAU CT OLS ON A V LOGAN DR L O G A N D R V I NL A N D S T JACKS ON S TW F E R NAU A V OshkoshOshkoshCityCityLimitLimit Oshkosh Oshkosh City CityLimit Limit 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 Osh ko shOshkoshCity LimitCity LimitOshkosh Cit y Li mitOshkosh Cit y Li mit Oshkosh City LimitOshkosh City LimitOshkosh Ci t y Li mitOshkosh Ci t y Li mit BP BP-PD HI HI HI HI HI I I MR-12 MR-20-PD MR-20-PD SM U SMU SMU SMU SMU SR-3 SR-5 SR-5 SR-9 UI J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 3/12/2024 1 in = 640 ft 1 in = 0.12 mi¯3 PARCELS ON THE EAST3100 BLOCK OF VINLAND ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 7 F REE DO M AV EICH STAD T R D VINL AND ST W F E R N A U 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: 3/12/2024 1 in = 260 ft 1 in = 0.05 mi¯3 PARCELS ON THE EAST3100 BLOCK OF VINLAND ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 8 TONY EVERS GOVERNOR KATHY BLUMENFELD SECRETARY Municipal Boundary Review PO Box 1645, Madison WI 53701 Voice (608) 264-6102 Fax (608) 264-6104 Email: wimunicipalboundaryreview@wi.gov Web: http://doa.wi.gov/municipalboundaryreview April 02, 2024 PETITION FILE NO. 14654 DIANE BARTLETT, CLERK CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903-1130 JEANNETTE MERTEN, CLERK TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901-1404 Subject: WISCONSIN INDEPENDENT CHRISTIAN SCHOOLS INC ET AL ANNEXATION The proposed annexation submitted to our office on March 13, 2024, has been reviewed and found to be in the public interest. In determining whether an annexation is in the public interest, s. 66.0217 (6), Wis. Stats. requires the Department to examine "[t]he shape of the proposed annexation and the homogeneity of the territory with the annexing village or city…." so as, to ensure the resulting boundaries are rational and compact. The statute also requires the Department to consider whether the annexing city or village can provide needed municipal services to the territory. The subject petition is for territory that is reasonably shaped and contiguous to the City of Oshkosh, which is able to provide needed municipal services. The Department reminds clerks of annexing municipalities of the requirements of s. 66.0217 (9)(a), Wis. Stats., which states: "The clerk of a city or village which has annexed shall file immediately with the secretary of administration a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district..." State and federal aids based on population and equalized value may be significantly affected through failure to file with the Department of Administration. Please file a copy of your annexing ordinance, including a statement certifying the population of the annexed territory. Please include your MBR number 14654 with your ordinance. Ordinance filing checklist available at http://mds.wi.gov/, click on "Help on How to Submit Municipal Records". Email scanned copy of required materials (color scan maps with color) to mds@wi.gov or mail to: Wisconsin Department of Administration, Municipal Boundary Review, PO Box 1645, Madison WI 53701-1645. The petition file is available for viewing at: http://mds.wi.gov/View/Petition?ID=2728 Please call me at (608) 264-6102, should you have any questions concerning this annexation review. Sincerely, Erich Schmidtke, Municipal Boundary Review cc: petitioner 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 :April 23, 2024 SUB JEC T:SUB JEC T :Ord 24-232 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) at 4311 Jackson Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant requests a zone change from the existing Urban Institutional District (I) to Urban Institutional District with a Planned Development Overlay (I-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for outdoor and indoor storage areas at 4311 Jackson Street. The subject site is a 94-acre property located at the southwest corner of County Road Y and Jackson Street. The site has several structures, including the Winnebago County Sherriff's Office, County Highway Department Facility, and Waste/Recycling Transfer Station. The surrounding area consists of Winnebago County Landfill/Solid Waste facility to the north, residential uses to the east, a residential use and vacant/agricultural use to the south, and agricultural use to the west. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the subject site. A N A L Y SI SANALYSIS The applicant is requesting a zone change from the existing Institutional District (I) designation to Institutional District with a Planned Development Overlay (I-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for an outdoor evidence storage area and indoor storage building including a morgue to be used by the Winnebago County Coroner, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will allow for necessary County government uses on the 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 4311 Jackson Street with findings on April 2, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 24-232 REZONE-GDP-SIP - 4311 Jackson St 4/23/2024 24-232 ORDINANCE   SECOND READING     4/9/2024 24-187 ORDINANCE   FIRST READING     CARRIED 7-0     PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) AT 4311 JACKSON STREET INITIATED BY : WINNEBAGO COUNTY   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 do ordain as follows: 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 4311 Jackson Street from Institutional District to Institutional District with a Planned Development Overlay (I-PD), Parcel 1268500400. ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) FOR PROPERTY LOCATED AT 4311 JACKSON STREET.             BEING ALL OF CERTIFIED SURVEY MAP NUMBER 7445, RECORDED AS DOCUMENT NUMBER 1782466, WINNEBAGO COUNTY REGISTER OF DEEDS, EXCEPTING ALL OF THAT AREA DESCRIBED IN CERTIFIED SURVEY MAP NUMBER 7980, RECORDED AS DOCUMENT NUMBER 1895314, WINNEBAGO COUNTY REGISTER OF DEEDS.     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 #24-232 APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) FOR PROPERTY LOCATED AT 4311 JACKSON STREET on April 23, 2024. This ordinance changes the zoning of the properties located at 4311 Jackson Street from Institutional District (I) to Institutional District  with a Planned Development Overlay (I-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.oshkoshwi.gov. Clerk's phone: (920) 236-5011. Planned Development Overlay Application Attachment WINNEBAGO COUNTY EVIDENCE BUILDING PROJECT City of Oshkosh, Winnebago County, Wisconsin GENERAL DEVELOPMENT PLAN The property is located at 4311 Jackson Street/105 W. County Road Y in the City of Oshkosh, otherwise described as Lot 2, Certified Survey Map No. 7445 excepting Lot 1, Certified Survey Map No. 7980, being in Section 35, T. 19 N.-R. 16 E., City of Oshkosh, Winnebago County, Wisconsin. The project consists of constructing a new evidence storage facility adjacent to Winnebago County Sherrif’s department and jail. The project will include a building and outdoor storage lot. The building will also house a new morgue for the Winnebago County Coroner. Proposed access to the facility is shown in the engineering drawings and is accessed through existing parking lots and existing driveways. So, no new ingress/egress to public streets is required for this project. As stated above, the site currently houses the Sherrif’s department. The evidence storage facility is a function of the Sherrif’s department, therefore the proposed use is consistent with existing uses on this parcel. Attachments: • General Location Map • Zoning Map • Site Plan (Engineering Drawings) SPECIFIC IMPLEMENTATION PLAN This project is located in the Institutional (I) zoning district. The current uses of the site are consistent with uses allowed in this zoning district. That said, this district does not allow for outdoor storage in excess of 500 square feet in addition to the principal use. The outdoor storage area being proposed is approximately 20,000 square feet. Instead of rezoning the parcel into a district that perhaps does not reflect the overall use of the site, or create multiple zoning districts on one site, it is proposed that a Planned Development Overlay be created for this parcel to allow for the outdoor evidence storage lot. The proposed outdoor evidence storage lot would comply with Section 30-81 (2) (a) and would include 8-foot fencing with privacy slatting that provides a minimum opacity of 0.8. Attachments: • Existing Conditions Map (Engineering Drawings) • SIP Map (see Engineering Drawings) • Proposed Grading Plan (see Engineering Drawings) • Landscape Plan (see Engineering Drawings) • Architectural Drawings J A C K S O N S T R E E T ENGINEERS SURVEYORS J.E. ARTHUR AND ASSOCIATES, INC.A PHONE: 920.922.5703FOND DU LAC, WISCONSIN 54935548 PRAIRIE ROAD WC EVIDENCE STORAGE BUILDING EXTERIOR RENDERINGS FRONT ELEVATION BACK ELEVATION SIDE ELEVATION REZONE, GDP, & SIP 4311 JACKSON ST PC: 4-2-2024 STATE OF WISCONSIN PO BOX 3530 OSHKOSH WI 54903 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 CASTLE ROCK LAND SHARON INVEST & HOLDING PO BOX 3808 OSHKOSH WI 54903 THOMAS MATTMILLER MARGARET OCONNORE 4221 JACKSON ST OSHKOSH WI 54901 TIM & KATHLEEN SCHULTZ 4263 JACKSON ST OSHKOSH WI 54901 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903 JACKSON HIGHLAND APTS LLC 3807 STATE HIGHWAY 21 A OSHKOSH WI 54904 MICHAEL J/JEANETTE GOOD 3425 LOGAN DR APT 1 OSHKOSH WI 54901 CHRISTOPHER/SUSAN DECKER 1742 DUBLIN TRL APT 86 NEENAH WI 54956 CHARLOTTE EICHSTADT REV TR 4356 JACKSON ST OSHKOSH WI 54901 JESSE O ROTHE 4296 JACKSON ST OSHKOSH WI 54901 TW SODA CRK & SWIMCRK LLC C/O WRIGHT WEBER MGMNT W229N1433 WESTWOOD DR STE 204 WAUKESHA WI 53186-1183 KO PE AV JACKSON ST ·YTNUOC"Y Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Limit Oshkosh City Limit Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Li mit 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: 2/27/2024 1 in = 420 ft 1 in = 0.08 mi¯4311 JACKSON 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 K O P E AVKOPE AV WEST ERN D R ZARLING AV NORTON AV SUMMERSET WAY NI ELS E N D R GRA NDS TA N D D R FA RM ST EAD LA SHOWVIEW LA P URP LE C RE ST D R COURTLAND AV GLENDALE AV SH A RRATT DR SOD A CR EEKRD SUMME R VIEW DR C H ATEAU TE R JACKTAR RD PRAIRI E L A NATUR A L W A Y S P O R T R D JACKSON ST GREEN VALLEY RD ·YTNUOC"Y !"#$41 !"#$41 Oshkosh Oshkosh City Limit City Limit Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Li mitOshkosh City Li mit Oshkosh City Limit Oshkosh City Limit DR-6 DR-6 DR-6 HI I I I I-PD MR-12-PD MR-12-PD MR-20-PD SMU-PD SR-3 SR-5 SR-5 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: 2/27/2024 1 in = 800 ft 1 in = 0.15 mi¯4311 JACKSON 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 KO PE AV JACKSON ST ·YTNUOC"Y 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: 2/27/2024 1 in = 400 ft 1 in = 0.08 mi¯4311 JACKSON 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 :Mark Lyons, Planning Services Manager D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :*Ord 24-233 Approve Zone Change from Institutional (I) to Two Flat Residental-10 (TR-10) for the Property Located at 1333 Eastman Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of a single lot with a total of 0.7345 acres located at the southwest corner of East Custer Avenue and the 1300 Block of Eastman Street. The site is currently owned by Covey, who operates an eight-unit assisted living facility. This request consists of a zone change for the northeast portion of the site where an employee parking lot currently exists. The zone change will accommodate proper zoning for a newly created lot, 1333 Eastman Street, done through a Certified Survey Map (CSM). The new lot is being proposed to be used for a single-family home. The surrounding area consists of commercial uses to the north, single family residential uses to the east, and multifamily residential uses to the south and west. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject site. A N A L Y SI SANALYSIS The applicant is requesting a zone change to Two Flat Residential (TR-10) for the subject property. The applicant intends to utilize the new lot for a home to house four adults with disabilities. This type of land use is considered a single-family residential use and is allowed within our Residential Districts. This rezone request is intended to provide appropriate zoning to allow for the future residential use of the newly created lot, as it will be permitted by right. The zone change is consistent with the Comprehensive Land Use Recommendation for the subject parcel and therefore should be approved as the zone change meets the statute requirements for zone changes. 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 1333 Eastman Street with the findings on April 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 24-233 REZONE 1333 Eastman St 04/23/2024 24-233 ORDINANCE   FIRST READING                                 PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL (I) TO TWO FLAT RESIDENTAL-10 (TR-10) FOR THE PROPERTY LOCATED AT 1333 EASTMAN STREET INITIATED BY : COVEY, INC.   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 1333 Eastman Street from Institutional (I) to Two Flat Residental-10 (TR-10), Parcel 1506370000. ZONE CHANGE FROM INSTITUTIONAL (I) TO TWO FLAT RESIDENTAL-10 (TR-10) FOR PROPERTY LOCATED AT 1333 EASTMAN STREET.             BEING PART OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2881, RECORDED AS DOCUMENT 871214, WINNEBAGO COUNTY REGISTER OF DEEDS, AND ALSO PARTS OF EASTMAN STREET AND E. CUSTER AVENUE, ALL LOCATED IN THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 13, TOWNSHIP 19 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH QUARTER CORNER OF SAID SECTION 13;  THENCE S00°11’21”E, 1,777.36 FEET ALONG THE EAST LINE OF THE NORTHWEST ¼ OF SAID SECTION 13 TO A POINT ON THE CENTERLINE OF E. CUSTER AVENUE;  THENCE S89°25’45”W, 334.30 FEET ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF EASTMAN STREET AND POINT OF BEGINNING;  THENCE S00°01’45”E, 135.66 FEET ALONG SAID CENTERLINE;  THENCE S89°25’45”W, 164.92 FEET TO A POINT ON A WEST LINE OF SAID LOT 2;  THENCE N00°20’21”W, 135.65 FEET ALONG SAID WEST LINE TO A POINT ON THE CENTERLINE OF SAID E. CUSTER AVENUE;  THENCE N 89°25’45”E, 165.65 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING.  SAID AREA CONTAINS 22,422 SQUARE FEET OR 0.515 ACRES, MORE OR LESS.     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-XXX APPROVE ZONE CHANGE FROM INSTITUTIONAL (I) TO TWO FLAT RESIDENTAL-10 (TR-10) FOR PROPERTY LOCATED AT 1333 EASTMAN STREET on May 14, 2024. This ordinance changes the zoning of the properties located at 1333 Eastman Street from Institutional (I) to Two Flat Residental-10 (TR-10). 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.oshkoshwi.gov. Clerk's phone: (920) 236-5011 ITEM: PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL (I) TO TWO FLAT RESIDENTIAL-10 (TR-10) FOR THE PROPERTY LOCATED AT 1333 EASTMAN STREET Plan Commission Meeting of April 16, 2024. GENERAL INFORMATION Applicant/Owner: Covey, Inc. Action(s) Requested: The applicant requests a zone change from the existing Institutional (I) to Two Flat Residential - 10 (TR-10) for a portion of the property located at 1325 Eastman 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 of a single lot with a total of 0.7345 acres located at the southwest corner of East Custer Avenue and the 1300 Block of Eastman Street. The site is currently owned by Covey, who operates an eight unit assisted living facility. This request consists of a zone change for the northeast portion of the site where an employee parking lot currently exists. The zone change will accommodate proper zoning for a newly created lot, 1333 Eastman Street, done through a Certified Survey Map (CSM). The new lot is proposed to be used for a single-family home that will house four adults with disabilities. The surrounding area consists of commercial uses to the north, single family residential uses to the east, and multi-family residential uses to the south and west. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject site. Subject Site Existing Land Use Zoning Assisted Living Facility/Parking Lot I Recognized Neighborhood Organizations Midtown Adjacent Land Use and Zoning Existing Uses Zoning North Commercial UMU-PD South Multi-Family Residential MR-12 East Single Family Residential TR-10 West Multi-Family Residential MR-12 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light Density Residential ANALYSIS Zone Change The applicant is requesting a zone change to Two Flat Residential (TR-10) for the subject property. The applicant intends to utilize the new lot for a home to house four adults with disabilities. This type of land use is considered a single-family residential use and is allowed within our Residential Districts. This rezone request is intended to provide appropriate zoning to allow for the future residential use of the newly created lot, as it will be permitted by right. The proposed Two Flat Residential-10 (TR-10) zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site. The proposed rezone will be consistent with the land uses to the east, west, and south. 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: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the zone change with the findings listed above. Plan Commission recommends approval of the zone change from Institutional (I) to Two- Flat Residential-10 (TR-10) for the property located at 1333 Eastman Street with the findings on April 16, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Davey, Mr. Kiefer, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional (I) to Two Flat Residential - 10 (TR-10) for a portion of the property located at 1325 Eastman Street. Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site consists of a single lot with a total of 0.7345 acres located at the southwest corner of East Custer Avenue and the 1300 Block of Eastman Street. The site is currently owned by Covey, who operates an assisted living facility. This request consists of a zone change for the northeast portion of the site where an employee parking lot currently exists. The zone change will accommodate proper zoning for a newly created lot, 1333 Eastman Street, done through a Certified Survey Map (CSM). The surrounding area consists of commercial uses to the north, single family residential uses to the east, and multi- family residential uses to the south and west. The applicant is requesting a zone change to Two Flat Residential (TR-10) for the subject property. The applicant intends to utilize the new lot for a home to house four adults with disabilities. This type of land use is considered a single-family residential use and is allowed within our Residential Districts. This rezone request is intended to provide appropriate zoning to allow for the future residential use of the newly created lot, as it will be permitted by right. The proposed TR-10 zoning is consistent with the 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site. The proposed rezone will be consistent with the land uses to the east, west, and south. 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. Perry opened the public hearing and asked if the applicant wanted to make any statements. Tony Gonzalez, Chief Operating Officer of Covey Inc, 2200 Algoma Boulevard in Oshkosh. We are both a residential and community based service provider for people with disabilities in Winnebago and Outagamie counties. The request is for us to change the zoning, which will allow us to build an approximate two-thousand square foot ranch home at the corner of 1333 Eastman Street, which will serve as a licensed adult family home for four individuals. This will be their permanent home, where we will provide twenty-four hour care by our paid staff. The home may take these four individuals until the end of their life. It will allow us to foster their inclusion in the community, to support a fulfilling lifestyle for them, and provide them with opportunities and options to engage in the community in ways they have not been able to in the past. It will also help prevent isolation and any accompanying issues that result from isolation. The building of this home will be a substantial improvement in the use of this property, which is currently a parking lot in need of significant repair. The building of the home meets a housing need identified in the City of Oshkosh fiscal year 2023 action plan, and that is to provide housing services and facilities for people with special needs. That was listed as one of the six goals of the plan. The need for adult family homes is great in our community. Currently we have about twenty people on our waiting list to have a new home. Our general timeline is to build the home in the later part of 2024, and opening the home at the end of 2024 or the beginning of 2025. Mr. Perry asked if other members of the public wished to speak. Todd Miller, of 881 Honey Creek Road in Oshkosh, stated him and his wife have been involved with Covey for thirty years. We have a soon to be thirty-one-year-old son, who functions at a one-year-old level. He is with us right now, and we are going to keep him as long as we can. He currently goes to the Covey respite house, which is right next door. He has been going there for eighteen years during the day. Eventually he is going to end up having to go to an adult family home, because we have no family that will take care of him. As Mr. Gonzalez said, there is a demand for this and I think this is going to go right along with the aging of the population, especially with the disabled community. I support this. This is something that is going to be continuing all over the state, all over the nation, and I think this is a good thing for the City of Oshkosh, and Covey. Mr. Perry closed the public hearing. There was no closing statement from the applicant. 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. Mr. Perry stated as a former official in an organization very similar to this, I am very comfortable with the adult family home model. There is a lot of oversight and overview of this particular model. There will be four individuals who could be followed by up to four different organizations, who at all times will have access to the people in these houses. There are a lot of eyeballs that go into a little facility like this. Makes it a very good neighborhood project and they will be great neighbors to everybody around there. I am in total support of this and think it is a great opportunity. There is a tremendous need in the community for more facilities like this. Motion carried 7-0. PLAN COMMISSION STAFF REPORT APRIL 16, 2024 ITEM II: PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL (I) TO TWO FLAT RESIDENTIAL-10 (TR-10) FOR THE PROPERTY LOCATED AT 1333 EASTMAN STREET GENERAL INFORMATION Applicant/Owner: Covey, Inc. Action(s) Requested: The applicant requests a zone change from the existing Institutional (I) to Two Flat Residential - 10 (TR-10) for a portion of the property located at 1325 Eastman 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 of a single lot with a total of 0.7345 acres located at the southwest corner of East Custer Avenue and the 1300 Block of Eastman Street. The site is currently owned by Covey, who operates an eight unit assisted living facility. This request consists of a zone change for the northeast portion of the site where an employee parking lot currently exists. The zone change will accommodate proper zoning for a newly created lot, 1333 Eastman Street, done through a Certified Survey Map (CSM). The new lot is proposed to be used for a single-family home that will house four adults with disabilities. The surrounding area consists of commercial uses to the north, single family residential uses to the east, and multi-family residential uses to the south and west. The 2040 Comprehensive Land Use Plan recommends Light Density Residential uses for the subject site. Subject Site Existing Land Use Zoning Assisted Living Facility/Parking Lot I Recognized Neighborhood Organizations Midtown Adjacent Land Use and Zoning Existing Uses Zoning North Commercial UMU-PD South Multi-Family Residential MR-12 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 55 . 9 ' 18 . 0 3 ' 41 . 0 ' 60 . 1 5 ' 52 . 4 ' 14 4 . 1 3 ' 130.92' 267.09' 133.68' 132.0' 50 . 0 ' 50 . 0 ' 50 . 0 ' 266.06' 14 4 . 0 8 ' 12 0 . 0 0 ' 132.00' 266.31' 23 7 . 5 6 ' 135.42'132.00' 11 7 . 7 2 ' 12 0 . 0 0 ' 266.65' 70.88' 15 9 . 1 7 ' 101.02' 22 7 . 7 3 ' 142.35' 143.68' 122.33' 132.0' 147.20' 132.0' 38 2 . 2 8 ' 70 . 2 ' 142.53' 82 . 2 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 132.0' 50 . 0 ' 50 . 0 ' 50 . 0 ' 50 . 0 ' 143.86' 50 . 0 ' 50 . 0 ' 50 . 0 ' 72 . 0 ' 40 . 0 ' 50 . 0 ' 132.0' 133.44' 133.21' 132.0' 132.0' 132.0' 132.0' 132.0' 142.68' 142.83' 142.98' 143.13' 143.28' 143.43' 10 0 . 0 ' 142.83' 60.00' 10 7 . 3 6 ' 16 . 5 3 ' 10 3 . 7 0 ' 142.75' 60.00'60.00'132.37' 172.89' 35 . 8 3 ' 130.58' 52 . 9 4 ' 298.06' 13 3 3 12 3 4 12 2 4 12 3 5 12 3 1 12 2 7 13 1 6 A 13 2 4 A 300 13 0 2 13 1 2 13 1 6 13 2 0 13 2 4 13 3 0 13 3 4 12 3 1 12 2 5 12 2 4 12 3 0 12 3 4 12 3 5 14 2 3 201 203 205 207 13 2 5 202 206 210 212 214 208 204 216 218 220 222 224 226 13 2 0 14 2 9 I MR-12 MR-12 SR-9 TR-10 UMU UMU-PD H:\jeffn\Arc_GIS_Pro_Projects\Planning_Base_Map\Planning_Base_Map_2024.aprx User: jeffn Rezone - 1333 Eastman Street I to TR-10 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 3/5/2024 ¯50 0 50 10025 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.019 miles 1 inch equals 100 feet Rezone from I to TR-10 ZONE CHANGE 1333 EASTMAN ST PC: 4-16-2024 EXCEL PROPERTIES LLC 230 OHIO ST STE 200 OSHKOSH WI 54902 CASHANDRA BRISTER 1302 EASTMAN ST OSHKOSH WI 54901 CASANDRA J WETTSTEIN 1312 EASTMAN ST OSHKOSH WI 54901 TITAN 2019 LLCE 923 S MAIN ST STE E OSHKOSH WI 54902 APOGEE PROPERTIES LLC C/O BLUE FROG 1511 OREGON ST OSHKOSH WI 54902 SHIRLEY A RAKAUSKAS DEBRA K JANSEN 8209 RUSH LAKE DR RIPON WI 54971 JOHN J WEBER 1330 EASTMAN ST OSHKOSH WI 54901 SALZER RENTALS LLC PO BOX 825 OSHKOSH WI 54903 CEREBRAL PALSY OF WI INC 1930 ALGOMA BLVD OSHKOSH WI 54901 WINNEBAGO COUNTY HOUSING AUTHORITY PO BOX 397 OSHKOSH WI 54903 MIDTOWN NBHD ASSOC C/O JOE STEPHENSON 934 JEFFERSON ST OSHKOSH WI 54901 MIDTOWN NBHD ASSOC C/O ALANA ERICKSON 841 MOUNT VERNON ST OSHKOSH WI 54901 EA STMAN ST MT VER NON ST E T EN NE SSEE AV E C U STER AV HARRISON ST MountVernonTot Lot 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: 3/12/2024 1 in = 100 ft 1 in = 0.02 mi¯1333 EASTMAN 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 SCOTT AV E NEVADA AV EA S T M A N S T E TEN N ESS EE A V PROSPECT AV W BENT AV W NEVADA AV E CUSTER AV AS H LA N D ST E MELVIN AVW MELVIN AV E CUSTER AV BROAD ST ROCK PL GEHRESCT E MELVIN AV BALDWIN AV POWER S ST E CUSTER AV MERRILL ST E TENNESSEE AV HU R O N AV E NEVADA AV BONG CT CENTRAL ST FREDERICK ST ASHLAND ST MT VER NON ST JEFFERSON ST JEFFERSON ST MT VERNON ST W CUSTER AV MONROE ST SARATOGA AV KENTUCKY ST CENTRAL ST BROAD ST MT V E R N O N S T POWER S ST BROAD ST JEFFERSON ST BALDWIN AV MT VERNON ST PYLE AV CENTRAL ST BURDICK ST CENTRAL ST JEFFERSON ST GRAND ST EASTMAN ST MONROE ST GRAND ST KENTUCKY ST W M UR DO C K A V E NEW YORK AV N MAIN ST W N E W YORK AV E M URDOCK AV BOWEN ST HARRISON ST I I I I I I-PD I-PD MR-12 MR-12 NMU SMU-PD SR-5 SR-5 SR-9 SR-9 SR-9 TR-10 TR-10 TR-10-PD UI UI-PD UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD 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: 3/12/2024 1 in = 500 ft 1 in = 0.09 mi¯1333 EASTMAN 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 E N E VA D A AV E C U STER AV EA STMAN ST E T EN NE SSEE AV MT VER NON ST E N E VA D A AV GRAN D ST HARRISON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 3/12/2024 1 in = 120 ft 1 in = 0.02 mi¯1333 EASTMAN 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 :Mark Lyons, Planning Services Manager D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :*Ord 24-234 Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) at 502 West Murdock Avenue (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site is a 0.33-acre property located on the north side of West Murdock Avenue, west of Jackson Street. The site has an existing car wash building and associated parking area. The surrounding area consists primarily of commercial uses along with residential uses to the south and southwest. The 2040 Comprehensive Land Use Plan recommends General Commercial use for the subject site. A N A L Y SI SANALYSIS The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU) designation to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for a drive-through restaurant. The Planned Development Overlay is needed to accommodate redevelopment of the site due to site constraints related to the minimal size of the lot. Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. A Plan Commission workshop was held on February 20, 2024, to discuss plans for a proposed drive- through restaurant (Domino's), with Plan Commission voicing support for the proposed conceptual plans, which require multiple base standard modifications (BSM). 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 502 West Murdock Avenue with the findings and conditions on April 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 24-234 REZONE GDP SIP 502 W Murdock Ave 04/23/2024 24-234 ORDINANCE   FIRST READING                                 PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) AT 502 WEST MURDOCK AVENUE INITIATED BY : KAUKAUNA PROPERTIES   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 502 West Murdock Avenue Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD), Parcel 1219270000. ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 502 WEST MURDOCK AVENUE. REZONE SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USED DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED AT 502 WEST MURDOCK AVENUE, PARCEL 1219270000. THE WEST 100 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND, VIZ: THAT PART OF THE SOUTH EAST ¼ OF SECTION 11, T18N, R16E, IN THE TWELFTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS, VIZ:- COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION, 181.50 FEET; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 399.5 FEET; THENCE SOUTH, PARALLEL WITH THE EAST LINE OF SAID SECTION, 181.5 FEET, TO THE SOUTH LINE OF SAID SECTION, BEING THE CENTER LINE OF MURDOCK AVENUE, THENCE EAAST, ALONG THE SOUTH LINE OF SAID SECTION, 399.5 FEET, TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PORTION THEROF CONVEYED BY DEED RECORDED IN VOLUME 413 OF RECORDS, PAGE 595.     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-XXX APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLAN DEVELOPMENT OVERLAY (SMU-PD) AT 502 WEST MURDOCK AVENUE on May 14, 2024. This ordinance changes the zoning of the properties located at 502 West Murdock Avenue from Suburban Mixed Use District (SMU) Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.oshkoshwi.gov . Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD), AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A DRIVE-THROUGH RESTAURANT AT 502 WEST MURDOCK AVENUE Plan Commission Meeting of April 16, 2024. GENERAL INFORMATION Owner: Kaukauna Properties Applicant: Lane Kleist Action(s) Requested: The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for a drive-through restaurant at 502 West Murdock Avenue. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 0.33-acre property located on the north side of West Murdock Avenue, west of Jackson Street. The site has an existing carwash building and associated parking area. The surrounding area consists primarily of commercial uses along with residential uses to the south and southwest. The 2040 Comprehensive Land Use Plan recommends General Commercial use for the subject site. Subject Site Existing Land Use Zoning Commercial SMU Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Commercial SMU South Commercial NMU East Commercial SMU West Commercial SMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation General Commercial ANALYSIS Zone Change The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU) designation to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for a drive-through restaurant. The Planned Development Overlay is needed to accommodate redevelopment of the site due to site constraints related to the minimal size of the lot. The applicant has submitted an application for a General Development Plan (GDP) and Specific Implementation Plan (SIP), which will be reviewed in this staff report. Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. A Plan Commission workshop was held on February 20, 2024 to discuss plans for a proposed drive-through restaurant (Domino’s), with Plan Commission voicing support for the proposed conceptual plans, which require multiple base standard modifications (BSM). Rezone to SMU-PD Use The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a 918 sq. ft. drive-through restaurant (Domino’s). This facility will serve pre- ordered food only to be picked up at pick-up windows for vehicles and pedestrians. Only employees and delivery drivers will be allowed in the building. The proposed drive-through restaurant use is permitted in the SMU district. Site Design Site Plan The proposed development will be accessed from a single two-way access off of West Murdock Avenue and will have a one-way drive-lane wrapping around the building. The drive-through pick-up window will be on the west side of the building and walk-up window on the east side of the building. The applicant is requesting a base standard modification (BSM) for reduced front yard setback for the proposed pavement to 17’, where code requires a 25’ front setback. Staff is supportive of the BSM request as limited space is available to meet the front setback requirement while also meeting drive/parking dimensional requirements and side/rear yard setbacks. The existing site has a 0’ setback, so the proposed 17’ setback will be an improvement from the existing conditions and will allow sufficient space for street frontage landscaping. The applicant is also requesting a BSM to allow increased impervious surface ratio to 79%, where code allows a maximum impervious surface ratio of 70% in the SMU district. Staff is supportive of the increased impervious surface ratio due to the relatively small size of the lot, which make it difficult for even a minimally sized commercial development to be within the 70% maximum. The proposed 79% impervious surface ratio is a significant improvement from the existing impervious surface ratio of 100% for the site. Required Provided Front Setback (south) 25 ft. min. 17 ft. (pavement) Side Setback (east) 5 ft. min. (parking) 5 ft. (pavement) Side Setback (west) 5 ft. min. (parking) 5 ft. (pavement/refuse enclosure) Rear Setback (north) 5 ft. min. (parking) 5 ft. (pavement/refuse enclosure) Parking Min. 4 spaces Max. 25 spaces 6 spaces Impervious Surface 70% max. 79% Provided parking for the site meets the code requirement of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses. The proposed site layout is meeting the drive-through stacking length requirements of 100 ft. in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after the pick-up window. The proposed refuse enclosure is located at the northwest corner of the site and will be 6’ tall and have a wood exterior to meet refuse enclosure requirements. Signage The building elevations show wall signage on the front and side facades. Wall signage will be limited to a maximum area of 1 sq. ft. per linear foot of building frontage per the sign ordinance. The applicant is proposing to remove the existing pylon sign and replace it with a new 22’ tall pylon sign. The proposed sign placement is within the 10’ side yard setback and 25’ front yard setback. Proposed ground sign area is 46.85 sq. ft., which is under the maximum of 1 sq. ft. per linear foot of street frontage (100 sq. ft.). Proposed pylon sign The applicant is requesting BSMs for reduced front yard setback for the pylon sign to 17’, where code requires a 25’ front yard setback and reduced side yard setback to 5’ where code requires a 10’ side yard setback. Staff is supportive of the requested BSMs as the proposed setbacks will match the front and side pavement setbacks and will prevent obstruction of the drive lane. The proposed sign height is well under the maximum height of 30’ for the SMU district and the sign area is less than 50% of the maximum ground sign area allowance. This serves to offset the BSM requests for reduced setbacks. Lighting The provided photometric plan meets minimum lighting levels of 0.4 fc for parking/drive areas. Lighting levels along the public right-of-way are under the maximum of 1.0 fc and under the maximum of 0.5 at the side property lines. Light fixtures will be full cutoff fixtures mounted at the maximum fixture height of 23’ (including 3’ high base) in the SMU district. Storm Water Management The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Landscaping is required for building foundations, paved areas, street frontage, and yards. Landscape Plan Building Foundation The building foundation landscaping point requirement of 40 landscaping points per 100 linear feet of building foundation is being met for the proposed building. Code also requires 25% of the required points to be on the side of the building facing the public street. The applicant will need to provide a minimum of 18 landscaping points on the south side of the building to meet this requirement. Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The plan is also meeting the requirement that 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Street Frontage Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies that 50% of the required points must be devoted to medium trees. The landscaping plan is meeting these requirements. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard landscaping points exceed this requirement. The plan provides 126% of the required total landscaping points. This would be consistent with the level of landscaping that has typically been requested/approved to compensate for BSMs. Building Facades Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I materials, with the rear façade being exempt from this requirement. The petitioner has provided elevations for the building as well as a material list and material breakdown for the front and side façades. The specific elevations breakdown is listed below. The applicant is requesting a BSM to allow vinyl wrap on the rear approximately 16’ of the east and west side facades, as Class IV materials are prohibited on side facades. According to the applicant, the walk-in cooler at the rear of the building has a metal panel exterior, which is also a Class IV material. The proposed vinyl wrap on the exterior of the cooler has been used on other Domino’s buildings and will have building material print and artwork on the wrap. Staff is supportive of the BSM to allow the Class IV material (vinyl wrap) as proposed as the material will be at the rear of the building and minimally visible from the public right-of-way. Also, the applicant has significantly exceeded the 50% Class I material requirement on the front and east side façade to offset the BSM request. Any artwork on the vinyl wrap will be subject to the City’s mural ordinance. South (front): Class I – 83.5% Class II & III – 16.5% East (side): Class I – 66% Class II & III – 25% Class IV – 9% West (side): Class I – 50% Class II & III – 41% Class IV – 9% North (rear): Exempt Vinyl wrap example Overall Site The applicant is requesting base standard modifications for reduced ground sign and pavement setbacks, increased impervious surface ratio, and allowance of a prohibited exterior material. To compensate for the BSM requests, the applicant has provided 126% of the required landscaping points, reduced ground sign area, and exceeded the Class I building material requirement by 11%. Staff feels that the applicant has sufficently offset the BSM requests and the proposed development will be compatible with the surrounding area. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the zone change, General Development Plan, and Specific Implementation Plan with the findings listed above and the following conditions: 1. BSM to allow reduced front yard pavement setback to 17’, where code requires a 25’ front yard setback. 2. BSM to allow increased impervious surface ratio to 79%, where code allows a maximum impervious surface ratio of 70%. 3. BSM to allow reduced front yard setback for ground sign to 17’, where code requires a 25’ front yard setback. 4. BSM to allow reduced side yard setback for ground sign to 5’, where code requires a 10’ side yard setback. 5. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Plan Commission recommends approval of the zone change, General Development Plan and Specific Implementation Plan at 502 West Murdock Avenue with the findings and conditions on April 16, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Council Member Esslinger, Ms. Propp, Ms. Scheuermann, Ms. Davey, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for a drive-through restaurant at 502 West Murdock Avenue. 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 0.33-acre property located on the north side of West Murdock Avenue, west of Jackson Street, and has an existing carwash building. The applicant is requesting a zone change from the existing SMU to SMU-PD, to allow for flexibility in the zoning ordinance to accommodate a new use on the property. They have submitted plans for a drive-through restaurant. The rezone would accommodate redevelopment of the site due to site constraints related to the minimal size of the lot. Staff is supportive of the proposed zone change as it will serve to accommodate future development needs for the site. A Plan Commission workshop was held on February 20, 2024 to discuss plans, with Plan Commission voicing support for the proposed conceptual plans. The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a 918 sq. ft. drive-through restaurant (Domino’s). This facility will serve pre- ordered food only to be picked up at pick-up windows for vehicles and pedestrians. Only employees and delivery drivers will be allowed in the building. The applicant is requesting a base standard modification (BSM) for reduced front yard setback for the pavement to 17’, where code requires a 25’ front setback. Staff is supportive of the BSM due to the limited area in the site to meet setbacks, as well as all other code required parking and building areas. The applicant is also requesting a BSM to allow increased impervious surface ratio to 79%, where code allows a maximum impervious surface ratio of 70%. Staff is also supportive of the increased impervious surface ratio, again due to the relatively small size of the lot, and fitting all the needed amenities. It is a significant improvement from the existing impervious surface ratio of 100% for the site. The applicant has submitted signage plans, including wall signage on the front and sides which appear to meet code requirements. Also proposing a new monument or pylon sign which would be 22’ tall. It would have a 17’ setback from the front property line and a 5’ setback from the side property line. The proposed size is 46.85 sq. ft., which is well under the maximum of 100 sq. ft., based on the linear footage of the front property. The applicant is requesting BSMs for reduced front yard setback to 17’, and side yard setback to 5’. Staff is supportive of the requested BSMs as the setbacks will match the front and side pavement setbacks and will prevent obstruction of the drive lane. The proposed sign height is well under the maximum height of 30’ for the SMU district and the sign area is less than 50% of the maximum ground sign area allowance. This serves to offset the BSM requests for reduced setbacks. The landscape plan is meeting building foundation point requirements however they will need to swap out shrubs for perennials on the front side of the building to meet the point requirement for the street facing facade. They are meeting paved area street frontage and yard landscaping requirements. They are exceeding the overall point requirements providing 126% of the required points. That also serves to offset requested BSMs. The proposed building elevations are exceeding the Class I material requirements on the front and side facades. They are requesting a BSM for the rear side façades for a Class IV material which would be a vinyl wrap over that exterior. Dominos has used vinyl wrap on their exterior coolers and they typically have a material print and artwork on the wrap. Any artwork on the vinyl wrap will be subject to the City’s mural ordinance. Staff is supportive of the requested BSM for Class IV material (vinyl wrap) on those side facades as they are towards the rear of the building and minimally visible from the public right-of-way. Also, the applicant is providing increased Class I materials to offset the request. The applicant is requesting base standard modifications (BSM) for reduced ground sign and pavement setbacks, increased impervious surface ratio, and allowance of a prohibited exterior material. To compensate, the applicant has provided 126% of the required landscaping points, reduced ground sign area, and exceeded the Class I material requirement. Staff feels that the applicant has sufficently offset the BSM requests. One thing to note is the list of conditions did not include a BSM request for the Class IV material in your staff report, and I intended to have it in there. My apologies for that. We are adding that as a sixth condition, to allow the Class IV materials on the side facades. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Eric Stadtherr, Head of Facilities for Domino’s Pizza, made himself available for questions. He stated he could not explain it any better than Mr. Slusarek did of what they want to do. Mr. Slusarek got into every little detail that we are hoping you are going to approve. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing, and there was no closing statement from the applicant. Mr. Lyons stated that because staff forgot to list condition number six in the staff report, that Plan Commission should include condition number six within their motion. That will make sure that we get it in the record, before it gets to Council. Motion by Davey to adopt the findings and recommendation as stated in the staff report, including condition number six. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Scheuermann wondered about the vinyl wraps. Assuming staff is comfortable with it because it is in the back. When does it become where staff is not comfortable with it. Mr. Lyons stated the mural ordinance allows them on any side or rear façade, under the current code, and just prohibits them on the front. If a property is on a corner, the side street can have a mural on it. Condition number six speaks to the material that lies underneath. Typically, we would recommend to not use Class IV materials. They are prohibited in the code. However, in this instance with the fact that they are going to wrap it, no one is going to know what is underneath it. It makes sense to allow it, and the BSM addresses the code requirement. Motion carried 7-0. Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Application Zoning Map Amendment (Rezoning) **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: _________________________________________________________________________________ Date: ____________ Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Status of Petitioner (Please Check):  Owner  Representative  Tenant  Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): __________________________________________________________________________________ Date: ____________ Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________ 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: ____________ ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: _________________________________________________________________________ Tax Parcel Number(s): _________________________________________________________________________________________ Rezone property from: ___________________________________________ to ___________________________________________ Purpose for Rezoning:__________________________________________________________________________________________ ____________________________________________________________________________________________________________ Describe existing property development and land use: ________________________________________________________________ ____________________________________________________________________________________________________________ Describe proposed development and/or proposed land use: ____________________________________________________________ ____________________________________________________________________________________________________________ Proposed time schedule for development and/or use of the property: ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ Zoning Adjacent to the Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________ 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 Lane Kleist 3/4/2024 2580 E HWY 12 Willmar MN 56201 320 441-2178 lane@marcusconstruction.com 91219270000 502 W Murdock Ave, Oshkosh 3/4/2024 Kaukauna Properties 3/4/2024 PO Box 795 Willmar MN 56201 320 2358277 erics@teamhoneybadger.com SMU Plan Development Overlay Reduce front parking setback from 25' to 17'. Car wash with 0' parking setbacks on all four sides and 100% lot coverage. Domino's Pizza pick-up only store. Spring/Summer 2024 SMU NMU SMU SMU Increase lot coverage from 70% to 79% 3/4/2024 2 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)  Map of the immediate area showing property involved. Area to be rezoned must be outlined in color  A site plan drawn to readable scale showing present status of property and proposed development  Street address, adjacent streets, intersections and any other information or landmarks to help identify the property  Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs  A narrative statement explaining the zone change and discussion of the project  Property owner’s signature is required for submittal to be complete.  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 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: _____________________ SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all amendments to the Official Zoning Map. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. The staff report and meeting notice will also be available on the City’s website. No notice is sent to the petitioner or owner regarding the Common Council’s consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. Neighborhood opinion is an important factor in the decision-making process. If the proposed development is expected to have significant impact on other properties, the petitioner may be required to conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. If deemed appropriate, notification by mail informing the property owners within 100 feet of the subject property of the proposal may substitute for the public meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Within 90 days of filing a complete application, Plan Commission shall hold a public hearing to consider the request. Within 60 days of the public hearing, the Plan Commission may make a written report to the Common Council with recommendations regarding the proposal. The Plan Commission’s report is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 nd and 4th Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. The Common Council may approve the Official Zoning Map amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. If the Official Zoning Map amendment is approved, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the Official Zoning Map accordingly. For more information please visit the City’s website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/ 3/4/2024 Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Planned Development Application For General Development Plan or Specific Implementation Plan **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: _________________________________________________________________________________ Date: ____________ Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Status of Petitioner (Please Check):  Owner  Representative  Tenant  Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): __________________________________________________________________________________ Date: ____________ Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________ 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: ____________ TYPE OF REQUEST:  General Development Plan (GDP)  General Development Plan (GDP) Amendment  Specific Implementation Plan (SIP)  Specific Implementation Plan (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: __________________________________________________________________________ Proposed Project Type: ________________________________________________________________________________________ Estimated Cost: _______________________________________________________________________________________________ Current Use of Property: ________________________________________________________________Zoning: ________________ Land Uses Surrounding Your Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________  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 visit the City’s website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/ SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 Room 204 PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us Lane Kleist 3/4/2024 2580 E HWY 12 Willmar MN 56201 320 441-2178 lane@marcusconstruction.com Kaukauna Properties 3/4/2024 PO Box 795 Willmar MN 56201 320 2358277 erics@teamhoneybadger.com 502 W Murdock Ave, Oshkosh SMUVacant - Car wash previously Domino's Pizza pick-up only store. 3/4/2024 3/4/2024 $650,000 Business Restaurant Restaurant Business 2 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) The following information must be provided in order for the application to be considered complete and able to be scheduled for Plan Commission Review. Please use the checklist below to determine the required information to be submitted at the time of application. If all information below cannot be provided at the time of application, please request a waiver in writing to the Division’s Director or designee.  A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  General location map of the subject site depicting:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject property.  Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control.  A graphic scale and north arrow.  Generalized site plan showing the pattern or proposed land uses, including:  General size, shape, and arrangement of lots and specific use areas.  Basic street pattern and pattern of internal drives.  General site grading plan showing preliminary road grades.  Basic storm drainage pattern, including proposed on-site stormwater detention.  General location of recreational and open space areas, including designation of any such areas to be classified as common open space.  Statistical data, including:  Minimum lot sizes in the development.  Approximate areas of all lots.  Density/intensity of various parts of the development.  Building coverage.  Landscaping surface area ratio of all land uses.  Expected staging.  Conceptual landscaping plan.  General signage plan.  General outline of property owners association, covenants, easements, and deed restrictions.  A written description of the proposed Planned Development, including:  General project themes and images.  The general mix of dwelling unit types and/or land uses.  Approximate residential densities and nonresidential intensities.  General treatment of natural features.  General relationship to nearby properties and public streets.  General relationship of the project to the Comprehensive Plan or other area plans.  Proposed exceptions from the requirements of the Zoning Ordinance and enhancements that will be provided to compensate for them.  Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee.  A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  An existing conditions map of the subject site depicting the following:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject site.  Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.  Existing utilities and recorded easements.  All lot dimensions of the subject site.  A graphic scale and a north arrow.  An SIP map of the proposed site showing at least the following:  All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled  All required and proposed building setback and offset lines  Impervious surface ratio (percentage) 3  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 utilized), 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 photometrics 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  Proposed grading plan.  Specific landscaping plan for the subject site, specifying the location, species, and installation size of plantings. The landscaping plans shall include 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 plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings. The architectural plans shall include a percentage breakdown of exterior materials applied to each building façade.  Conceptual Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and walkways.  Signage plan for the project, including all project identification signs, concepts for public fixtures and signs, and group development signage themes that may or may not vary from City standards or common practices.  Any other necessary information as determined during pre-submittal meeting with City staff.  Specific written description of the proposed SIP including:  Specific project themes and images.  Specific mix of dwelling unit types and/or land uses.  Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.  Specific treatment of natural features, including parkland.  Specific relationship to nearby properties and public streets.  Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by Plan Commission.  A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant’s opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project.  A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur and enhancements that will be provided to compensate for them.  Phasing schedule, if more than one development phase is intended.  Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.  A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. 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: _____________________ 3/4/2024 RE: PROJECT NARRATIVE DOMINO’S 502 W MURDOCK AVE., OSHKOSH, WI 54901 Subject: Domino's Project - 502 W Murdock Ave., Oshkosh, WI Thank you for your time in reviewing the project narrative, General Development Plan (GDP), and Site Improvement Plan (SIP) request for the Domino's project at 502 W Murdock Ave., Oshkosh, Wisconsin. Project Site and Zoning The proposed Domino's location is 502 W Murdock Ave, west of Jackson St. and zoned Suburban Mixed-Use (SMU). The surrounding area features a mix of zoning classifications, including SMU, single-family residential, multi-family residential, and neighborhood mixed-use. Project Description Domino's plans to construct a 918-square-foot fast-food pizza outlet with separate pick- up windows for vehicles and pedestrians. The location will cater to pre-ordered food only, though the zoning district permits drive-thru and in-vehicle sales/service. In addition to pick-up windows, Domino's offers a delivery service. Delivery drivers will utilize a designated employee-only walk-in door to collect pizzas for customer deliveries. The proposed building will measure approximately 16 feet wide by 75 feet long, with a height of 20 feet. The exterior design, as detailed in the provided drawings, incorporates a combination of materials complying with local regulations, including stone panels, stacked stone, decorative metal panels, and painted aluminum canopies. Variances Requested We kindly request exceptions for two variances from the zoning ordinance: 1. Lot Coverage: The 14,400-square-foot project site will have a building coverage of 16%. When factoring in other non-permeable surfaces, the total proposed lot coverage reaches 79%. The SMU zoning district restricts maximum lot coverage to 70%. It's important to note that the property currently houses a car wash and detail service slated for demolition, resulting in 100% lot coverage with no pervious surfaces. Our project proposes a significant improvement by reducing impervious surfaces by 21% and incorporating landscaping features that create a buffer zone on all sides of the property. 2. Front Parking Setback: The SMU district mandates a 25-foot front parking setback. Our proposed project design offers a 17-foot setback. The existing structure has no front parking setback and would be improved by our proposed plan. Conclusion We appreciate your consideration of this project. Marcus Construction is committed to collaborating with you to ensure a successful development. Please don't hesitate to contact me at 320.441.2178 or lane@marcusconstruction.com if you have any questions or require further information. Sincerely, Lane Kleist Design Manager, Architect, NCARB 2580 Hwy 12 E, Willmar, MN, 56201 d: (320) 441-2178 | m: (320) 444-1039 o: (320) 222-6616 | f: (320) 222-6626 marcusconstruction.com | lane@marcusconstruction.com 3 MC201 4 MC201 1 MC201 2 MC201 BUILDING SETBACK 25' - 0" W MURDOCK AVE. BY P A S S L A N E PARKING: 5 (9'X25') STALLS 1 H.C. (9'X25' WITH 5' AISLE) TOTAL = 6 PROPOSED 918 SF BUILDING COOLER LANDSCAPE BUFFER 5' - 0" 5' WIDE GREEN AREA REQUIRED 5' MIN GREEN AREA BETWEEN LOT LINE AND PARKING AREA (WHEN ABUTTING OTHER OFF- STREET PARKING AREAS) PER 30-175.H.3.a 5' MIN GREEN AREA BETWEEN LOT LINE AND PARKING AREA (WHEN ABUTTING OTHER OFF- STREET PARKING AREAS) PER 30-175.H.3.a 24' - 0" 24' - 0" 12' - 0"12' - 0" 14' - 0" "INVERTED U" BICYCLE RACK (4 BICYCLE SPACES) TRASH ENCLOSURE W/ 6' HIGH COMPOSITE SCREENING NEW CURB CUT 14' - 0" 10'-0" SLIDING WALK DOOR SNOW STORAGE AREA POLE SIGN 5' FROM PROPERTY LINE AND CURB PER 30-291A BUILDING SETBACK 25' - 0" BUILDING SETBACK 10' - 0" LANDSCAPE BUFFER 5' - 0" 18' - 0" EXISTING PROPERTY LINE 5' - 0" 5' - 0" PROPOSED PARKING SETBACK 17' - 0" PLANTINGS SHOWN FOR ILLUSTRATION ONLY, SEE LANDCAPE PLAN FOR SPECIFIC LOCATIONS AND SPECIES LOADING AREA (10' x 25') 1 MC202 MC202 5 MC202 6 MC202 ZONING DISTRICT: SMU -SUBURBAN MIXED USE NEIGHBORING DISTRICT: NMU -NEIGHBORHOOD MIXED USE PERMITTED USES: DRIVE-THRU AND IN-VEHICLE SALES OR SERVICE CONDITIONAL USES: N/A PROPOSED USE: DRIVE-THRU AND IN-VEHICLE SALES BULK AREAS: LOT AREA: MIN. ALLOWED:10,000 SF GIVEN: 14,400 SF LOT WIDTH: MIN. ALLOWED: 60 FT GIVEN: 98 FT BUILDING COVERAGE: = 14,400 SF / 918 SF = 16% COVERAGE LANDSCAPING: SEE LANDSCAPE PLAN MAX. LOT COVERAGE: MAX. ALLOWED: = 70% TOTAL LOT = 14,400 SF GREEN SPACE = 3,082 SF COVERAGE = 11,318 SF = 11,318 SF / 14,400 SF = 78.6% =79% COVERAGE (NON-CONFORMING) BUILDING HEIGHTS: MAX BUILDING HEIGHT:45' -0" BUILDING HEIGHT PROPOSED:20' -0" BUILDING SETBACKS: FRONT REQUIRED:25' -0" FRONT PROPOSED:GREATER THAN 25' -0" SIDE, INTERIOR REQ.:10' -0" SIDE PROPOSED:GREATER THAN 10' -0" REAR REQUIRED:25' -0" REAR PROPOSED:GREATER THAN 25' -0" PARKING REQUIREMENTS: PER FIGURE 30-175A, IN DRIVE-THRU AND IN-VEHICLE SALES OR SERVICE IT REFERS TO THE PARKING REQUIREMENTS OF OTHER LAND USES. WE ARE USING RESTAURANT USE AT ONE SPACE PER 300 SQUARE FEET OF GROSS FLOOR AREA. PROPOSED PARKING: MIN. REQUIRED: 918 SF / 300 = 4 (1 ADA) PROPOSED: 6 (1 ACCESSIBLE) PARKING SETBACKS: FRONT REQUIRED:25' -0" FRONT PROPOSED:17' -0"(NON-CONFORMING) SIDE, INTERIOR REQ.:5' -0"* SIDE PROPOSED:5' -0"* REAR REQUIRED:5' -0"* REAR PROPOSED:5' -0"* SECTION 30-175.J.3 PARKING AREA SETBACK MAY BE REDUCED TO 5' FROM REAR AND SIDE PROPERTY LINES IF A 5' LANDSCAPED BUFFER IS PROVIDED PARKING SPACE AND AISLE REQUIREMENTS FOR 45°: STALL WIDTH AT PARKING ANGLE 9' STALL WIDTH PARALLEL TO AISLE 12'-6" STALL DEPTH TO WALL 18' STALL LENGTH 25' AISLE WIDTH FOR 1-WAY TRAFFIC FLOW 14' PROVIDED:9' X 25' WITH 14' AISLE SCALE 1" = 10'-0"MC001 1 ARCHITECTURAL SITE PLAN - OSHKOSH, WI - V1.2 - PRELIM. ZONING REQUIREMENTS - OSHKOSH, WI ARCH D (24"x36") PRINTED: Date: PRELIMINARY FOR REVIEW ONLY - DO NOT USE FOR CONSTRUCTION Confidential: This drawing is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any review or distribution by others is strictly prohibited. If you are not the intended recipient you should not disseminate, distribute, or copy this drawing. Please contact the sender and destroy all copies. Version: Designer: Design & Estimating Level: This sheet may be a reduced copy. The height of this color block is 2" tall on a full sheet. Drawing scales apply to the full size sheets only. 3/4/2024 6:45:07 PM MC001 DOMINO'S 502 W. MURDOCK AVE, OSHKOSH, WI 54901 20240304 ARCHITECTURAL SITE PLAN1 SO N 0 5'10'20' SCALE: 1" = 10'-0" EXISTING ≅4,100 SF LAZER CAR WASH & DETAIL TO BE DEMOLISHED EXISTING POLE SIGN TO BE REMOVED EXISTING GUARDRAIL TO BE REMOVED EXISTING GUARDRAIL TO BE REMOVED EXISTING CURB CUT EXISTING LOT COVERAGE IS 100% LANDSCAPE BUFFER 5' - 0" BUILDING SETBACK 25' - 0" LANDSCAPE BUFFER 5' - 0" BUILDING SETBACK 25' - 0" BUILDING SETBACK 10' - 0" LANDSCAPE BUFFER 5' - 0" BUILDING SETBACK 10' - 0" EXISTING CURB CUT TO BE REMOVED ARCH D (24"x36") PRINTED: Date: PRELIMINARY FOR REVIEW ONLY - DO NOT USE FOR CONSTRUCTION Confidential: This drawing is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any review or distribution by others is strictly prohibited. If you are not the intended recipient you should not disseminate, distribute, or copy this drawing. Please contact the sender and destroy all copies. Version: Designer: Design & Estimating Level: This sheet may be a reduced copy. The height of this color block is 2" tall on a full sheet. Drawing scales apply to the full size sheets only. 3/4/2024 6:45:08 PM MC002 DOMINO'S 502 W. MURDOCK AVE, OSHKOSH, WI 54901 20240304 EXISTING ARCHITECTURAL SITE PLAN - OSHKOSH, WI1 SO SCALE 1" = 10'-0"MC002 1 EXISTING ARCHITECTURAL SITE PLAN - OSHKOSH, WI N 0 5'10'20' SCALE: 1" = 10'-0" ZONE CHANGE/GDP/SIP 502 W MURDOCK AVE PC: 4-16-2024 BAUMAN REAL ESTATE LTD PAR 126 E JACKSON ST RIPON WI 54971 ROWLOCK LLC 3220 SHOREWOOD DR OSHKOSH WI 54901 C & R 511 LLC 308 SHORELANE ST OSHKOSH WI 54901 BRET KRENTZE 525 W MURDOCK AVE OSHKOSH WI 54901 TUBBYS PROPERTIES LLC 3489 EICHSTADT RD OSHKOSH WI 54901 SAMMONS PLUMBING OSH INC 522 W MURDOCK AVE OSHKOSH WI 54901 YIDI LI 318 SCOTT AVE OSHKOSH WI 54901 LASER INVESTMENTS LLC PO BOX 190 WINNECONNE WI 54986 1821 JACKSON STREET LLC 1660 OSHKOSH AVE STE 100 OSHKOSH WI 54902 HISTORIC JACKSON NBHD ASSOC C/O SHIRLEY BRABENDER MATTOX 1313 JACKSON ST OSHKOSH WI 54901 BENT WOODS NBHD ASSOC C/O MARY JO VANDERLOOP 1519 ONTARIO ST OSHKOSH WI 54901 ST I L LW EL L AV WISCONSIN ST HOBBS AV J A C K S O N S T J A C K S O N S T W M U R D O C K A V W M U RD O CK AV WISCONSIN ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 3/5/2024 1 in = 120 ft 1 in = 0.02 mi¯502 W MURDOCK AVE 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 ST I L LW EL L AV WISCONSIN ST HO B B S AV W M U R D O C K A V W M U RD O CK AV J A C K S O N S T J A C K S O N S T WISCONSIN ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 3/5/2024 1 in = 100 ft 1 in = 0.02 mi¯502 W MURDOCK AVE 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 W BENT AV CONG RESS AV HOB BS A V KENTUCKY ST CENTRAL ST W NEVADA AV WISCONSIN ST GENE VA ST BEECH ST ST IL LWEL L AV LIBERTY ST WISCONSIN ST WEST ERN ST ONTAR IO ST BEECH ST CE D A R S T W SMITH AVW SMITH AV W BENT AV W CUSTER AV CENTRAL ST BURDICK ST VI OLA A V COMET ST VIOLA AV W GRUENWALD AV W NEVADA AV W BENT AV HOB BS A V STANLEY AV CONG RESS AV BAC ON A V ONT AR IO ST AL LEN A V KENTUCKY ST W M UR DOC K AV N M AIN ST W M UR D O C K A V JACKSON ST WISCONSIN ST W L I N W O O D A V JA CK S O N ST J A CK S O N S T DR-6 DR-6 DR-6 DR-6 HI I I I I I-PD I-PD I-PD I-PD MR-12 MR-12 MR-20 MR-36 MR-36 NMU NMU NMU SMU SMU SMU SMU-PD SMU-PD SMU-PD SR-3 SR-3 SR-5 SR-5 SR-9 SR-9 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: 3/5/2024 1 in = 500 ft 1 in = 0.09 mi¯502 W MURDOCK AVE 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 :Julie Calmes, Finance Director D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-235 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt B A C KGRO UN DBACKGROUND Attached is a resolution to appropriate additional ARPA Funds for 2024 Projects. These projects were submitted by departments to meet the needs of providing necessary services that were not included in the 2024 Operating Budget. The attached resolution would appropriate an additional $242,700 of ARPA funds, leaving a balance of $179,113. FI SC A L I M P A CTFISCAL I M P A C T The requested appropriation at this time totals $242,700. 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 $179,113. The remaining funds will be appropriated before December 31, 2024. ARPA projects must be appropriated/encumbered by December 31, 2024 and all invoices must be paid by December 31, 2026. 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 24-235 Revised ARPA 2024 04/23/2024 24-235 RESOLUTION     CARRIED 7-0     PURPOSE: APPROPRIATE ARPA FUNDS FOR 2024 PROJECTS IN LIEU OF ISSUING DEBT 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; and     WHEREAS, Resolution 24-46 appropriated $595,000; and     WHEREAS, Resolution 24-79 appropriated $915,000; and     WHEREAS, Resolution 24-119 appropriated $388,000. 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 funding $242,700 for the projects in lieu of issuing debt as identified on the attached list.   Beginning Balance $7,453,013 2024 Projects Fire Dept Generators (2 plus additional)775,000$ Pratt Trail Archeological Study 400,000$ Data Center Switch Replacement 94,900$ Fire Dept Station Renovations 55,000$ Fire Dept Hose 18,000$ Fire Dept Mattresses 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$ 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$ Quarry Park Landfill Mitigation 50,000$ Reduce 2024 Levy ADA Improvement 100,000$ Concrete Repairs 150,000$ Subtotal 5,728,200$ 1,724,813$ Resolution 24-79 Cem 409 Van 94,000$ Cem 516 Mower 20,000$ Cem 539 Mower 20,000$ Eng 386 1/2 ton 47,000$ Fac Van 85,000$ Fire Other Veh 74,000$ Parks F150 52,000$ Parks 1 Ton Dump 90,000$ Parks F350 57,000$ Parks 418 F150 55,000$ Parks 454 Mower 75,000$ Parks Shop Sweeper 85,000$ Street Mower 13,500$ Street Road Saw 54,500$ Street Crack Filler 83,000$ Street Trailers 10,000$ 915,000$ 809,813$ Resolution 24-119 Fire Radios 43,000$ Police Body Armor/FTO Equipment 40,000$ Roundabout Landscaping 150,000$ Police Evidence Room revised cost 25,000$ Library Noise 70,000$ Library Public Furnishings 25,000$ Library signage 5,000$ Transit /Truck Route Study 30,000$ 388,000$ 421,813$ Additional 2024 Requests Transit Card Readers 80,000$ Fire Dept Air Compressors 21,000$ IT List Serve 16,700$ Museum Boiler 125,000$ 242,700$ 179,113$ 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-236 Approve Determination of Necessity to Acquire Partial Land Acquisitions at 3098, 3105 & 3123 Jackson Street and 370 West Fernau Avenue (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The City of Oshkosh Department of Public Works is requesting approval to acquire portions of four properties at the intersection of Jackson Street and West Fernau Avenue. The subject area involves four properties, one each at the four quadrants of the intersection of Jackson Street and West Fernau Avenue. The two properties on the east side of Jackson Street are located in the City, while the two properties on the west side of Jackson Street are located within the Town of Oshkosh. The City officially mapped this extension in 1974 and purchased land for the future right-of-way in 2006. The Department of Public Works has begun to design the street connection and determined additional land for right-of-way dedication will be needed at all four corners of the intersection to ensure signals can be installed and the crosswalks meet ADA requirements. Construction of the street will commence once funding is approved as part of the City's Capital Improvement Plan. The surrounding area consists of a mix of uses with a scattering of single-family, commercial and industrial uses along Jackson Street with large areas of undeveloped land, especially to the west. The 2040 Comprehensive Plan identifies the area suitable for mixed-use development. A N A L Y SI SANALYSIS The four proposed land acquisitions vary in shape and size, ranging from 118 square feet at the southeast corner to 713 square feet at the northwest corner. Additional right-of-way was previously dedicated on the east side of Jackson by the Wisconsin Department of Transportation in conjunction with the Jackson Street paving project in 1996. Since the two proposed acquisitions on the west side of Jackson Street are in the Town of Oshkosh, the land will be annexed into the City once the acquisition process is complete. The land that the City purchased for the Fernau Avenue connection will be annexed into the City at the same time. Following the annexation, the rights-of-way will be dedicated to the public via certified survey map. This review and subsequent approval by the Common Council is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact at this time. As the Department of Public Works and their real estate consultant move forward with the process, the acquisition will be on a future Council agenda which will include the fiscal impact. REC O M M E N D A TI ONRECOMMENDATION Plan Commission recommends approval of the proposed partial property acquisitions at 3098, 3105, and 3123 Jackson Street and 370 West Fernau Avenue on April 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-236 Land Acquisitions - Jackson St & W Fernau Ave 04/23/2024 24-236 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE DETERMINATION OF NECESSITY TO ACQUIRE PARTIAL LAND ACQUSITIONS AT 3098, 3105 & 3123 JACKSON STREET AND 370 WEST FERNAU AVENUE   INITIATED BY : DEPARTMENT OF PUBLIC WORKS   PLAN COMMISSION RECOMMENDATION: Approved         WHEREAS, the Department of Public Works as determined it is in the best interests of the City of Oshkosh to acquire additional land for right-of-way dedication for the extension of West Fernau Avenue from Jackson Street to Vinland Street, and     WHEREAS, completion of said project requires the acquisition of a portion of properties located at each of the four quadrants of the intersection of Jackson Street and West Fernau Avenue, and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council certifies it is necessary for the City to acquire a portion of the properties as described above in order for said purpose to be accomplished. It is further determined by the Common Council that acquisition of the above described properties is herby determined necessary pursuant to the provisions of Sections 32.05 and 32.07 of the Wisconsin Statutes.     ITEM: DETERMINE NECESSITY TO ACQUIRE AND APPROVE PARTIAL LAND ACQUISITIONS AT 3098, 3105 & 3123 JACKSON STREET AND 370 WEST FERNAU AVENUE Plan Commission Meeting of April, 16 2024. GENERAL INFORMATION Applicant: City of Oshkosh - Department of Public Works Property Owners: Multiple Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire portions of four properties at the intersection of Jackson Street and West Fernau Avenue. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject area involves four properties, one each at the four quadrants of the intersection of Jackson Street and West Fernau Avenue. The two properties on the east side of Jackson Street are located in the City, while the two properties on the west side of Jackson Street are located within the Town of Oshkosh. The proposed Valley Christian High School project on Vinland Street has set into motion the long-awaited extension of West Fernau Avenue from Jackson Street to Vinland Street. The City officially mapped this extension in 1974 and purchased land for the future right-of-way in 2006. The Department of Public Works has begun to design the extension and determined additional land for right-of-way dedication will be needed at all four corners of the intersection. The surrounding area consists of a mix of uses with a scattering of single-family, commercial and industrial uses along Jackson Street with large areas of undeveloped land, especially to the west. The 2040 Comprehensive plan identifies the area suitable for mixed-use development. Subject Sites Existing Land Uses Zoning Northwest Corner – Single-Family Residential Southwest Corner – Vacant Northeast Corner – Personal Storage Southeast Corner – Single-Family Residential Community Business District (B-2) Town of Oshkosh Light Industrial District (M-1) Town of Oshkosh Business Park with Planned Development Overlay (BP-PD) Business Park (BP) ANALYSIS The four proposed land acquisitions vary in shape and size, ranging from 118 square feet at the southeast corner to 713 square feet at the northwest corner. Additional right-of-way was previously dedicated on the east side of Jackson by the Wisconsin Department of Transportation in conjunction with the Jackson Street paving project in 1996. Since the two proposed acquisitions on the west side of Jackson Street are in the Town of Oshkosh, the land will be annexed into the City once the acquisition process is complete. The remainder of Fernau Avenue will be annexed at the same time. Following the annexation, the rights-of-way will be dedicated to the public via Certified Survey Map. This review and subsequent approval by the Common Council is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. RECOMMENDATION/CONDITIONS Staff recommends approval of the proposed partial property acquisitions at 3098, 3105, & 3123 Jackson Street and 370 West Fernau Avenue as requested. Plan Commission recommends approval of the proposed partial property acquisitions at 3098, 3105, & 3123 Jackson Street and 370 West Fernau Avenue on April 16, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval to acquire portions of four properties at the intersection of Jackson Street and West Fernau Avenue. 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 area involves four properties, one each at the four quadrants of the intersection of Jackson Street and West Fernau Avenue. The proposed Valley Christian High School project on Vinland Street has set into motion the long-awaited extension of West Fernau Avenue from Jackson Street to Vinland Street. The City officially mapped this extension in 1974 and purchased land for the future right-of-way in 2006. The Department of Public Works has begun to design the extension and determined additional land for right-of-way dedication will be needed at all four corners of the intersection. This is primarily needed for construction of ADA sidewalks, wheelchair ramps, and potential intersection signals. The surrounding area consists of a mix of uses with a scattering of single-family, commercial and industrial uses along Jackson Street with large areas of undeveloped land, especially to the west. The 2040 Comprehensive plan identifies the area suitable for mixed-use development. The proposed land acquisitions vary in shape and size, ranging from 118 square feet at the southeast corner to 713 square feet at the northwest corner. Additional right-of-way was previously dedicated on the east side of Jackson by the Wisconsin Department of Transportation in conjunction with the Jackson Street paving project in 1996. Since the two proposed acquisitions on the west side of Jackson Street are in the Town of Oshkosh, the land will be annexed into the City once the acquisition process is complete. The remainder of Fernau Avenue will be annexed at the same time. Following the annexation, the rights-of-way will be dedicated to the public via Certified Survey Map. This review and subsequent approval by the Common Council is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed partial property acquisitions as requested. Mr. Perry opened up technical questions to staff. Mr. Kiefer asked if this will be a stop and go light intersection, or a roundabout. Mr. Gierach stated they are still working through the process with the Department of Transportation (DOT). He believes it will be signalized. They are still working through the exact details of what it is going to look like. Will probably not be a roundabout. Mr. Perry opened public comment and asked if any members of the public wished to speak. Jared Vanlanen, of W6913 Melony Court in Greenville WI, is the property owner of the northeast corner. He had questions about sidewalks and pedestrian traffic. Mr. Gierach stated plans are still being developed. Still working with the DOT to get exact requirements of what they are going to require. We are looking at having crossings all four directions, so there will be handicap ramps at all four corners with pedestrian signals and push buttons. Currently there is no sidewalk on the north side of Fernau Avenue. South side there is. At some point in time, not necessarily a plan of this project, I would expect sidewalks to be installed on the north side of Fernau Avenue. Mr. Perry closed public comments. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. IP IP S WSO S WV WM WVWV WSO GV GV POST POST ST ST 45' 35 ' 45' 35 ' B B B B B B B B A S S O C I A T E S® SHEET JOB NO. PROJECT MGR. NO . RE V I S I O N S DA T E : MAY 1382.094 WI N N E B A G O C O U N T Y , W I S C O N S I N CI T Y O F O S H K O S H FE R N A U A V E N U E E X T E N S I O N N R. O . W . E X H I B I T FE R N A U A V E N U E / J A C K S O N S T R E E T EX1 0 5 10 20 JA C K S O N S T R E E T (S T H 7 6 ) W FERNAU AVENUE 3.0' 713 SF R/W 390 SF R/W 116 SF R/W 201 SF R/W 5.0' 8.0' SUMMARY TABLE TYPE AREA (SF) R/W 1420 PERMANENT LIMITED EASEMENT 1000 TEMPORARY LIMITED EASEMENT 55,660 11 PROPOSED LAND ACQUISITION 68.0' PARCEL 0180057 3123 JACKSON STREET 35 . 6 ' 9.6' 31 . 6 ' 97.4' W. FERNAU AVENUE JA C K S O N S T R E E T NORTHERLY LINE OF PROPOSED W. FERNAU AVENUE EXTENSION WESTERLY LINE OF JACKSON STREET CI T Y O F O S H K O S H EN G I N E E R I N G D I V I S I O N GR A P H I C SC A L E : ( I N F E E T ) 1 I N C H = 4 0 F E E T 0 20 40 DR A W N : 3- 5 - 2 0 2 4 FI L E N A M E : W F e r n a u S i d e w a l k L a n d A c q u i s i t i o n LA N D A C Q U I S I T I O N 31 2 3 J a c k s o n S t r e e t 11 PARCEL 91519601804 370 W FERNAU AVENUE PROPOSED LAND ACQUISITION 8.0' 19 . 9 ' 20 . 4 ' 1 3 . 7 ' 20. 1 ' JA C K S O N S T R E E T NORTHERLY LINE OF W. FERNAU AVENUE EASTERLY LINE OF JACKSON STREET W. FERNAU AVENUE CI T Y O F O S H K O S H EN G I N E E R I N G D I V I S I O N GR A P H I C SC A L E : ( I N F E E T ) 1 I N C H = 4 0 F E E T 0 20 40 DR A W N : 3- 5 - 2 0 2 4 FI L E N A M E : W F e r n a u S i d e w a l k L a n d A c q u i s i t i o n LA N D A C Q U I S I T I O N 37 0 W . F e r n a u A v e n u e 11 PARCEL 91519602300 3098 JACKSON STREET PROPOSED LAND ACQUISITION 5.1' 5.7' 24 . 6 ' 22 . 0 ' JA C K S O N S T R E E T W. FERNAU AVENUE SOUTHERLY LINE OF W. FERNAU AVENUE EASTERLY LINE OF JACKSON STREET CI T Y O F O S H K O S H EN G I N E E R I N G D I V I S I O N GR A P H I C SC A L E : ( I N F E E T ) 1 I N C H = 4 0 F E E T 0 20 40 DR A W N : 3- 5 - 2 0 2 4 FI L E N A M E : W F e r n a u S i d e w a l k L a n d A c q u i s i t i o n LA N D A C Q U I S I T I O N 30 9 8 J a c k s o n S t r e e t 11 PARCEL 0180056 3105 JACKSON STREET PROPOSED LAND ACQUISITION 22.3' 2 8 . 5 ' 6. 0 ' 6.7' 30 . 1 ' W. FERNAU AVENUE JA C K S O N S T R E E T SOUTHERLY LINE OF PROPOSED W. FERNAU AVENUE EXTENSION WESTERLY LINE OF JACKSON STREET CI T Y O F O S H K O S H EN G I N E E R I N G D I V I S I O N GR A P H I C SC A L E : ( I N F E E T ) 1 I N C H = 4 0 F E E T 0 20 40 DR A W N : 3- 5 - 2 0 2 4 FI L E N A M E : W F e r n a u S i d e w a l k L a n d A c q u i s i t i o n LA N D A C Q U I S I T I O N 31 0 5 J a c k s o n S t r e e t LAND ACQUISITION JACKSON ST & W FERNAU AVE PC: 4-16-2024 FOX VALLEY STORAGE LLC N1213 MAYFLOWER DR GREENVILLE WI 54942 PINE APARTMENTS IV LLC 3389 COUNTY ROAD A OSHKOSH WI 54901 ROBERT T MARTIN IRREV TRST VIRGINIA TAWAAILI TSTE 3123 JACKSON ST OSHKOSH WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 JERRY DUGGAN 3141 JACKSON ST OSHKOSH WI 54901 LEE J KIENAST 2131 LIN WAY CT OSHKOSH WI 54904 MARK H SCHULZ 3051 JACKSON ST OSHKOSH WI 54901 B & P ORDER OF ELKS INC 175 W FERNAU AVE OSHKOSH WI 54901 JACKSON ST W F E R N A U AV Oshkosh City Limit Oshkosh 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: 3/12/2024 1 in = 100 ft 1 in = 0.02 mi¯JACKSON ST & WESTFERNAU AVE 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 EICHSTADT RD FRE E D O M AV L O G A N D R L O G A NDR JACKSON ST N M AIN ST E F E R N A U A VW F E R N A U A V O sh k o s h Ci t y Li mi tOshkosh Ci t y Li mi t Osh k o s h Ci t y Li mitOshkosh Ci t y Li mit Oshkosh City Limit Oshkosh City Limit BP BP-PD HI HI I I MR-12 MR-20-PD MR-20-PD SMU SMU SMU SMU SMU SR-5 UI J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 3/12/2024 1 in = 500 ft 1 in = 0.09 mi¯JACKSON ST & WESTFERNAU AVE 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 JACKSON ST W F E R N A U 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: 3/12/2024 1 in = 120 ft 1 in = 0.02 mi¯JACKSON ST & WESTFERNAU AVE 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 :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-237 Approve General Development Plan and Specific Implementation Plan for Outdoor and Indoor Storage Areas at 4311 Jackson Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The applicant requests approval of a General Development Plan and Specific Implementation Plan for outdoor and indoor storage areas at 4311 Jackson Street. The subject site is a 94-acre property located at the southwest corner of County Road Y and Jackson Street. The site has several structures, including the Winnebago County Sherriff's Office, County Highway Department Facility, and Waste/Recycling Transfer Station. The surrounding area consists of Winnebago County Landfill/Solid Waste facility to the north, residential uses to the east, a residential use and vacant/agricultural use to the south, and agricultural use to the west. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the subject site. A N A L Y SI SANALYSIS The applicant has submitted plans for an outdoor evidence storage area and indoor storage building including a morgue to be used by the Winnebago County Coroner. Staff is supportive of the proposed indoor evidence storage/morgue use as it is compatible with government facilities within the site and surrounding area. 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 is tax exempt. The applicant is anticipating spending approximately $2,000,000 on the project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the General Development Plan and Specific Implementation Plan for outdoor and indoor storage at 4311 Jackson Street on April 15, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-237 GDP SIP 4311 Jackson St 04/23/2024 24-237 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR AND INDOOR STORAGE AT 4311 JACKSON STREET INITIATED BY : WINNEBAGO COUNTY         WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for outdoor and indoor storage 4311 Jackson Street, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan and Specific Implementation Plan for outdoor and indoor storage at 4311 Jackson Street per the attached, is hereby approved, with the following findings:   The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 1. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. 2. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 3. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. 4. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 5. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 6. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. 7. BE IT FURTHER RESOLVED that the following are conditions of approval for a General Development Plan and Specific Implementation Plan for outdoor and indoor storage at 4311 Jackson Street:   BSM to allow an outdoor storage use in the Institutional district (I).1. BSM to allow 8’ tall solid fence, where code allows a maximum fence height of 6’ in the Institutional district (I). 2. A minimum of 635.5 yard landscaping points shall be provided.3. Final landscaping plan shall be reviewed and approved by the Department of Community Development. 4.   ITEM: PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR AND INDOOR STORAGE AREAS AT 4311 JACKSON STREET Plan Commission Meeting of April 16, 2024. GENERAL INFORMATION Owner/Applicant: Winnebago County Action(s) Requested: The applicant requests a zone change from the existing Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for outdoor and indoor storage areas at 4311 Jackson Street. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 94-acre property located at the southwest corner of County Road Y and Jackson Street. The site has several structures, including the Winnebago County Sherriff’s Office, County Highway Department Facility, and Waste/Recycling Transfer Station. The surrounding area consists of Winnebago County Landfill/Solid Waste facility to the north, residential uses to the east, a residential use and vacant/agricultural use to the south, and agricultural use to the west. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the subject site. Subject Site Existing Land Use Zoning Institutional Institutional Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Landfill/solid waste facility I South Residential & Vacant/Agricultural SR-5 & MER-12 PD East Residential MR-20 & DR-6 West Agricultural I Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Community Facility ANALYSIS Zone Change The applicant is requesting a zone change from the existing Institutional District (I) designation to Institutional District with a Planned Development Overlay (I-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for an outdoor evidence storage area, and indoor storage building including a morgue to be used by the Winnebago County Coroner, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will allow for necessary County government uses on the site. Use The applicant is proposing to construct a 20,000 sq. ft. outdoor evidence storage area and a 5,427 sq. ft. evidence storage building including a morgue. The applicant is requesting a base standard modification (BSM) to allow the outdoor storage use as outdoor storage (exceeding 500 sq. ft.) uses are not permitted in the I district. The indoor storage/morgue building is considered an indoor institutional use, which is a conditional use in the I district. Rezone to I-PD Staff is supportive of a BSM to allow the proposed outdoor evidence storage area as it is needed for use by the County Sherriff’s Department. It is also compatible with surrounding uses, including the County Highway Department facility equipment area on the west side of the subject parcel, and the County Solid Waste facility to the north. Staff is also supportive of the proposed indoor evidence storage/morgue use as it is compatible with government facilities within the site and surrounding area. Site Design The proposed outdoor storage area and building will not extend into the established setback areas and will exceed setback requirements for the Institutional district. The impervious surface ratio for the site will remain under the maximum of 60%. As the additional storage area on-site will generate minimal use by County employees, the existing oversized parking lot for the Sherriff’s office will meet parking needs for the site additions. The plans for the outdoor storage area show 6’ tall chain link fencing surrounding the outdoor storage area. Code requires outdoor storage areas to be screened with 8’ tall solid fence. The fencing height will need to be increased to 8’, must include pre-woven or interwoven privacy slats, and be at least 90% opaque to meet solid fencing requirements. A base standard modification (BSM) is required for the required 8’ tall solid fencing as fencing within the I district is limited to a maximum height of 6’. Staff is supportive of a BSM for the increased fence height as it is necessary to sufficiently screen the evidence storage area. Signage This request does not include any additional signage. Site Lighting No additional lighting is being proposed for the site. No additional lighting is required as no new parking areas are being proposed. Landscaping The outdoor storage area addition requires yard landscaping and the building addition requires building foundation and yard landscaping. Points Required Points Provided Building Foundation 134 (33.5 on street side) 1 (1 street side) Yards 508.5 165 Total 642.5 166 Building Foundation The landscape plan shows several perennial plantings totaling 1 landscaping point. The applicant will need to revise their plan to provide a minimum of 134 building foundation landscaping points to meet the requirement of 40 points per 100 linear feet of building foundation. Code further requires a minimum of 25% of the required points on the street side façade. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area of the building and outdoor storage area. The landscape plan shows 5 arborvitae, for a total of 165 yard landscaping points. The applicant will need to provide an additional 343.5 points to meet the code requirement. Staff is recommending that the applicant provide an additional 127 yard landscaping points beyond the code requirement to offset the BSM requests for outdoor storage and increased fence height. Exceeding the landscaping requirement by 25% would be consistent with the level of landscaping that has been approved to offset BSMs for past development projects. Storm Water Management/Utilities The Department of Public Works has noted that final plans shall comply with Chapter 14 Storm Water Management requirements and will be reviewed as part of the Site Plan Review process. Building Facades The City’s Exterior Design Standards do not apply to Institutional land uses. However, the exterior design is subject to public building review (State Statute 62.23(5)) and may be reviewed as part of the Planned Development review process. The petitioner has provided elevations for the storage building, which consists primarily of brick exterior. Staff is supportive of the proposed building elevations as they will be primarily Class I material (brick). Staff does not have concerns with the relatively blank facades as it is appropriate for the use of the building (evidence storage/morgue). FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the zone change, General Development Plan, and Specific Implementation Plan with the findings listed above and the following conditions: 1. BSM to allow an outdoor storage use in the Institutional district (I). 2. BSM to allow 8’ tall solid fence, where code allows a maximum fence height of 6’ in the Institutional district (I). 3. A minimum of 635.5 yard landscaping points shall be provided. 4. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Plan Commission recommends approval of the General Development Plan and Specific Implementation Plan for outdoor and indoor storage at 4311 Jackson Street on April 2, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Ulrich, Ms. Propp, Ms. Scheuermann, Mr. Nichols, and Mr. Bowen reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for outdoor and indoor storage areas at 4311 Jackson Street. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is a 94-acre property located at the southwest corner of County Road Y and Jackson Street. It includes the Winnebago County Sherriff’s Office, County Highway Department Facility, and Waste/Recycling Transfer Station. The applicant is requesting a zone change from the existing Institutional District (I) designation to Institutional District with a Planned Development Overlay (I-PD). It is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. Staff is supportive of the proposed rezone as it will allow for necessary County government uses on the site. The applicant is proposing to construct a 20,000 sq. ft. outdoor evidence storage area, to the north of the sheriff’s building, and a 5,427 sq. ft. evidence storage building adjacent to it, and that will include a morgue. They are requesting a base standard modification (BSM) to allow the outdoor storage use as outdoor storage (exceeding 500 sq. ft.) uses are not permitted in the I district. Staff is supportive of a BSM to allow the proposed outdoor evidence storage area as it is needed for use by the County Sherriff’s Department. It is also compatible with surrounding land uses. The outdoor storage area and building will exceed setback requirements for the Institutional district. It will also be surrounded by fencing. The fence height will need to be increased to 8’, must include pre-woven or interwoven privacy slats, and be at least 90% opaque to meet solid fencing requirements. A BSM is required for the 8’ tall solid fencing as fencing within the I zoning district is limited to a maximum height of 6’. Staff is supportive of a BSM for the increased fence height as it is necessary to sufficiently screen the evidence storage area. The landscape plan shows some arborvitaes along the outdoor storage area and some shrubs along the indoor evidence storage area. The applicant will need to revise their plan to provide additional foundation landscaping points to meet the code requirements. The applicant will also have to provide additional yard landscaping points to meet the code requirement for outdoor storage and indoor storage combined. Staff is also recommending the applicant provide an additional 127 yard landscaping points beyond the code requirement to offset the BSM requests for outdoor storage and increased fence height. Exterior Design Standards do not apply to Institutional land uses under the zoning ordinance. However, the exterior design is subject to public building review (State Statute 62.23(5)) and may be reviewed as part of the Planned Development review process. The storage building will consist primarily of brick exterior. Staff is supportive of the proposed building elevations as they will be primarily Class I material (brick). Staff is supportive of the facades as proposed as they are appropriate for a storage building. Staff recommends approval of the zone change, General Development Plan, and Specific Implementation Plan with the findings and conditions listed in the staff report. Mr. Lyons stated there is a chance they will be fine with the landscaping. They have not given us quite enough information on the existing landscaping on the site. We will continue to work with them, and get more information about species of trees and sizes that are already out there. We did not want to delay the project, so the staff report states what is known at this time and required, but more discussion is needed to find out what currently exists on site. Mr. Kiefer opened up technical questions to staff. Mr. Kiefer wondered if the outside storage area is going to be gravel. He wondered if the impervious surface would be increasing. Mr. Lyons believes it is gravel, or asphalt, which are both considered impervious surfaces, and will be handled by storm water management. Mr. Kiefer wondered if the brick on the new building is similar to the existing building. Mr. Lyons stated someone from Winnebago County would be coming up to discuss that. Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements. Mike Elder, Director of Facilities for Winnebago County, stated they have outgrown their current space and need to expand. We are trying to consolidate the needs of our medical examiner and sheriff in one central area. We will do whatever we have to do with landscaping, and storm water. The brick is going to matching the existing as much as it can. It is a natural product so every lot is a different color, so the idea is to match it as best we can. The driveway going to the north is connecting to our transfer station, and would only be used intermittently if we have need. Mr. Kiefer asked if other members of the public wished to speak. Mr. Kiefer closed the public hearing. 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 Scheuermann. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 7-0. Planned Development Overlay Application Attachment WINNEBAGO COUNTY EVIDENCE BUILDING PROJECT City of Oshkosh, Winnebago County, Wisconsin GENERAL DEVELOPMENT PLAN The property is located at 4311 Jackson Street/105 W. County Road Y in the City of Oshkosh, otherwise described as Lot 2, Certified Survey Map No. 7445 excepting Lot 1, Certified Survey Map No. 7980, being in Section 35, T. 19 N.-R. 16 E., City of Oshkosh, Winnebago County, Wisconsin. The project consists of constructing a new evidence storage facility adjacent to Winnebago County Sherrif’s department and jail. The project will include a building and outdoor storage lot. The building will also house a new morgue for the Winnebago County Coroner. Proposed access to the facility is shown in the engineering drawings and is accessed through existing parking lots and existing driveways. So, no new ingress/egress to public streets is required for this project. As stated above, the site currently houses the Sherrif’s department. The evidence storage facility is a function of the Sherrif’s department, therefore the proposed use is consistent with existing uses on this parcel. Attachments: • General Location Map • Zoning Map • Site Plan (Engineering Drawings) SPECIFIC IMPLEMENTATION PLAN This project is located in the Institutional (I) zoning district. The current uses of the site are consistent with uses allowed in this zoning district. That said, this district does not allow for outdoor storage in excess of 500 square feet in addition to the principal use. The outdoor storage area being proposed is approximately 20,000 square feet. Instead of rezoning the parcel into a district that perhaps does not reflect the overall use of the site, or create multiple zoning districts on one site, it is proposed that a Planned Development Overlay be created for this parcel to allow for the outdoor evidence storage lot. The proposed outdoor evidence storage lot would comply with Section 30-81 (2) (a) and would include 8-foot fencing with privacy slatting that provides a minimum opacity of 0.8. Attachments: • Existing Conditions Map (Engineering Drawings) • SIP Map (see Engineering Drawings) • Proposed Grading Plan (see Engineering Drawings) • Landscape Plan (see Engineering Drawings) • Architectural Drawings J A C K S O N S T R E E T ENGINEERS SURVEYORS J.E. ARTHUR AND ASSOCIATES, INC.A PHONE: 920.922.5703FOND DU LAC, WISCONSIN 54935548 PRAIRIE ROAD WC EVIDENCE STORAGE BUILDING EXTERIOR RENDERINGS FRONT ELEVATION BACK ELEVATION SIDE ELEVATION REZONE, GDP, & SIP 4311 JACKSON ST PC: 4-2-2024 STATE OF WISCONSIN PO BOX 3530 OSHKOSH WI 54903 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 CASTLE ROCK LAND SHARON INVEST & HOLDING PO BOX 3808 OSHKOSH WI 54903 THOMAS MATTMILLER MARGARET OCONNORE 4221 JACKSON ST OSHKOSH WI 54901 TIM & KATHLEEN SCHULTZ 4263 JACKSON ST OSHKOSH WI 54901 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903 JACKSON HIGHLAND APTS LLC 3807 STATE HIGHWAY 21 A OSHKOSH WI 54904 MICHAEL J/JEANETTE GOOD 3425 LOGAN DR APT 1 OSHKOSH WI 54901 CHRISTOPHER/SUSAN DECKER 1742 DUBLIN TRL APT 86 NEENAH WI 54956 CHARLOTTE EICHSTADT REV TR 4356 JACKSON ST OSHKOSH WI 54901 JESSE O ROTHE 4296 JACKSON ST OSHKOSH WI 54901 TW SODA CRK & SWIMCRK LLC C/O WRIGHT WEBER MGMNT W229N1433 WESTWOOD DR STE 204 WAUKESHA WI 53186-1183 KO PE AV JACKSON ST ·YTNUOC"Y Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Limit Oshkosh City Limit Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Li mit 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: 2/27/2024 1 in = 420 ft 1 in = 0.08 mi¯4311 JACKSON 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 K O P E AVKOPE AV WEST ERN D R ZARLING AV NORTON AV SUMMERSET WAY NI ELS E N D R GRA NDS TA N D D R FA RM ST EAD LA SHOWVIEW LA P URP LE C RE ST D R COURTLAND AV GLENDALE AV SH A RRATT DR SOD A CR EEKRD SUMME R VIEW DR C H ATEAU TE R JACKTAR RD PRAIRI E L A NATUR A L W A Y S P O R T R D JACKSON ST GREEN VALLEY RD ·YTNUOC"Y !"#$41 !"#$41 Oshkosh Oshkosh City Limit City Limit Oshkosh City Li mit Oshkosh City Li mit Oshkosh City Li mitOshkosh City Li mit Oshkosh City Limit Oshkosh City Limit DR-6 DR-6 DR-6 HI I I I I-PD MR-12-PD MR-12-PD MR-20-PD SMU-PD SR-3 SR-5 SR-5 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: 2/27/2024 1 in = 800 ft 1 in = 0.15 mi¯4311 JACKSON 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 KO PE AV JACKSON ST ·YTNUOC"Y 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: 2/27/2024 1 in = 400 ft 1 in = 0.08 mi¯4311 JACKSON 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 :Mark Lyons, Planning Services Manager D A TE :D A T E :April 23, 2024 SUB JEC T:SUB JEC T :Res 24-238 Approve Conditional Use Permit Amendment for an Outdoor Storage Use at 2840 Oregon Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of a 1.34-acre parcel with frontage on Oregon Street, north of West 29th Avenue. The site is currently used for warehousing purposes and includes four structures and an associated parking area. The 2040 Comprehensive Land Use Plan recommends Industrial Use for the site. The site is surrounded by commercial and industrial uses as well as an active railroad immediately to the east. On December 12, 2023, Common Council approved a Conditional Use Permit (CUP) for removal of the roof from the Quonset hut style building for outdoor storage of pallets within the remaining walls of the building. A N A L Y SI SANALYSIS The applicant has changed their previously-approved plans for removal of the Quonset hut building roof for the outdoor storage of pallets. The applicant now plans to retain the Quonset hut building with the existing roof in its current state and utilize existing paved areas on the site for outdoor storage of pallets. The applicant has provided a site plan which includes 8'-tall, board-on-board fencing to screen the storage areas from the public right-of-way. This meets the code requirement that all outdoor storage areas are screened from non-industrialized areas. Staff does not have concerns with the proposed CUP amendment as the proposed outdoor storage areas will meet screening requirements from non-industrialized areas with the 8'-tall solid fencing. The Inspections Services Division has noted that storage of the pallets will need to be compliant with the International Fire Code and will be reviewed by the Oshkosh Fire Department. FI SC A L I M P A CTFISCAL I M P A C T The applicant is anticipating minimal investment in the proposed change with only some minor fencing being required. Approval of this may result in a minor increase in the assessed property value for the site. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested Conditional Use Permit Amendment for the property located at 2840 Oregon Street with the findings on April 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-238 CUP Amendment - 2840 Oregon St 04/23/2024 24-238 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CONDITIONAL USE PERMIT AMENDMENT FOR AN OUTDOOR STORAGE USE AT 2840 OREGON STREET INITIATED BY : MACH IV ENGINEERING & SURVEYING LLC   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings         WHEREAS, the Plan Commission finds that the Conditional Use Permit Amendment for an outdoor storage use at 2840 Oregon 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 an outdoor storage use at 2840 Oregon 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 the 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 FOR AN OUTDOOR STORAGE USE AT 2840 OREGON STREET Plan Commission Meeting of April 16, 2024. GENERAL INFORMATION Applicant: Mach IV Engineering & Surveying LLC Owner: Mountain Top Investments LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit Amendment for an outdoor storage area at 2840 Oregon Street. Applicable Ordinance Provisions: Outdoor storage land uses are permitted only through a Conditional Use Permit (CUP) in the Heavy Industrial Zoning 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 1.34-acre parcel with frontage on Oregon Street, north of West 29th Avenue. The site is currently used for warehousing purposes and includes four structures and associated parking area. The 2040 Comprehensive Land Use Plan recommends Industrial Use for the site. The site is surrounded by commercial and industrial uses as well as an active railroad immediately to the east. On December 12, 2023, Common Council approved a Conditional Use permit for removal of the roof from the quonset hut style building for outdoor storage of pallets within the remaining walls of the building. Subject Site: Existing Land Use Zoning Warehouse HI Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning: Existing Uses Zoning North Commercial HI South Commercial HI West Industrial HI East Railroad HI Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Industrial ANALYSIS The applicant has changed their previously approved plans for removal of the quonset hut building roof for outdoor storage of pallets. The applicant now plans to retain the quonset hut building with the existing roof in its current state and utilize existing paved areas on the site for outdoor storage of pallets. The applicant has provided a site plan which includes 8’ tall board on board fencing to screen the storage areas from the public right-of-way. This meets the code requirement that all outdoor storage areas are screened from non-industrialized areas. Staff does not have concerns with the proposed CUP amendment as the proposed outdoor storage areas will meet screening requirements from non-industrialized areas with the 8’ tall solid fencing. The Building Inspections Department has noted that storage of the pallets will need to be compliant with the International Fire Code and will be reviewed by the Oshkosh Fire Department. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit Amendment, 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 an outdoor storage use at 2840 Oregon Street as proposed with the findings listed above. Plan Commission recommends approval of the proposed Conditional Use Permit Amendment for an outdoor storage use at 2840 Oregon Street with the findings on April 16, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Perry reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit (CUP) Amendment for an outdoor storage area at 2840 Oregon Street. Ms. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is located on Oregon Street, north of West 29th Avenue. It is used for warehousing purposes and is zoned heavy industrial district and surrounded by primarily industrial uses. In December of 2023, Common Council approved a Conditional Use permit for removal of the roof from the quonset hut style building for outdoor storage of pallets within the remaining walls of the building. The applicant has revised their plans. They are no longer removing the quonset hut building roof. The applicant now plans to utilize existing paved areas on the site for outdoor storage of pallets. They will be screening those pallets with 8’ tall solid fencing on the street side of the storage area to meet code requirements for screening from non-industrialized areas. It does require a CUP Amendment as they are no longer using the Quonset hut style building as the outdoor storage, so that has changed. Staff does not have concerns with the CUP Amendment as the proposed outdoor storage area will meet current screening requirements with the 8’ tall solid fencing buffering it from the public right-of-way. Staff recommends approval of the proposed CUP Amendment with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Joel Ehrfurth, with Mach IV Engineering, made himself available for questions. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing, and 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 Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. 2840 Oregon Street Pallet Storage Facility Mach IV Project No. 2014-01-22 Amended CUP 02.23.2024 Project Narrative The project is located at 2840 Oregon Street. The site is zoned HI-Heavy Industrial and is used as a warehouse. The surrounding zoning is also HI. There is a need by the existing tenant to store pallets outdoors. The Conditional Use Permit (CUP) intended to allow outside storage of materials (pallets). The proposed located for the pallet storage areas are shown on Figure I. Storage piles will comply with NFPA Section 34.10.4 which requires storage no closer than 8’ from the property line, no more than 400 sf per stack, and a minimum of 8’ between stacks. The modifications to the building are intended to allow for outdoor storage of pallets. No changes to operations, traffic on public streets, hours of operation, the number of employees/clients or adverse impacts are expected result from the granting of this CUP. 37 9 . 2 1 ' ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M SAN S T M STM STM STM SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SA N SAN SAN SAN EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING OR E G O N S T R E E T OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P OH P X X X X X X X X X X X X X X X X X X OHP OHP OHP OHP OHP G G G G G G G G G G G G G OHP OHP OHP OHP OHP OHP OHP OHP OHP O H P O H P O H P O H P O H P O H P OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P X X X X X X X X X SA SA SA T SA SA STM SAN MH RIM=766.73 INV=748.03 36 " R C P 36 " R C P 36 " R C P 36 " R C P 36 " R C P SAN DROP MH RIM=764.94 10" INV=752.04 INV=746.94 SAN MH RIM=765.99 INV=747.59 10" PVC SAN DROP MH RIM=764.80 INV=757.80 S INV=752.35 S & W 10 " P V C 10 " P V C SAN MH RIM=765.04 INV=758.14 SAN MH RIM=766.82 INV=759.07 10 " P V C 10 " P V C 8" CLAY STM INLT FL=765.32 INV=760.67 W INV=760.62 E INV=760.40 NW 15" RCP 12" RCP 10" PVC 1 5 " R C P TEL MH RIM=765.03 STM INLT FL=765.20 INV=762.85 76 5 7 6 5 766 76 6 76 6 7 6 6 76 7 7 6 7 7 6 6 766 76 6 76 5 765 7 6 4 7 6 5 7 6 5 7 6 4 76 5 7 6 5 76 6 76 5 76 6 766 76 7 76 7 ME T E R FF=767.81 FF=767.70 FF=766.31 FF=766.24 FF=765.45 FF=765.50 FF=767.52 FF=769.43 FF=765.47 766 767 768 766 767 FF=765.77 FF=768.87 FF=768.85 FF=768.81 FF=768.88 FF=767.71 BM 201 G G BM 200 X X X ANTENNA SA 10' INGRESS/EGRESS EASEMENT PER CSM 2244 10' INGRESS/EGRESS EASEMENT PER CSM 1743 S89°50'17"E 154.23'N67°1 7 ' 0 6 " E 2 7 . 7 1 ' S89°13'31"E 161.82' ST EXISTING BUILDING 8' PALLET SETBACK 8 ' P A L L E T S E T B A C K 8' PAL L E T S E T B A C K 8 ' P A L L E T S E T B A C K 8' PALLET SETBACK 8' P A L L E T S E T B A C K 20' PA L L E T S E T B A C K F R O M B U I L D I N G 20 ' P A L L E T S E T B A C K F R O M B U I L D I N G 20' PALLET SETBACK FROM BUILDING 20' P A L L E T S E T B A C K F R O M B U I L D I N G 2 0 ' P A L L E T S E T B A C K F R O M B U I L D I N G 20' PALLET SETBACK FROM BUILDING 20' PALLET SETBACK FROM BUILDING 20' PALLET SETBACK FROM BUILDING 8'8'17.3' 9.5' 9.5'9.6'9.6' 9.3' 8.4' 0 GRAPHIC SCALE 20 401020 OU T D O O R S T O R A G E M O D I F I C A T I O N S : 28 4 0 O R E G O N S T R E E T OR E G O N S T R E E T OS H K O S H , W I S C O N S I N 5 4 9 0 2 RPH 02/23/24 225026 FIG. 1 Pr o j e c t N u m b e r : 22 6 0 S a l s c h e i d e r C o u r t G r e e n B a y , W I 5 4 3 1 3 PH : 9 2 0 - 5 6 9 - 5 7 6 5 ; F a x : 9 2 0 - 5 6 9 - 5 7 6 7 ww w . m a c h - i v . c o m 20 1 4 - 0 1 - 2 2 CITY COMMENTS-01/26/20231 PALLET STORAGE R: \ J o b s \ 2 0 1 4 - 0 1 - 2 2 2 8 4 0 O r e g o n S t r e e t T o p o \ D R A W I N G S \ 2 0 1 4 - 0 1 - 2 2 E n g P a l e t t e S t o r a g e . d w g 2/ 2 3 / 2 0 2 4 1 2 : 3 3 : 2 9 P M 400 SF 320 SF (160 SF EACH) 160 SF 133 NOTES: 1.ALL PALLET STORAGE PILES TO BE IN ACCORDANCE WITH NFPA SECTION 34.10.4. 2.PALLET STORAGE PILES ARE NOT TO BE STORED CLOSER THAN 8 FEET FROM A PROPERTY LINE. 3.PALLET STORAGE PILES ARE NOT TO BE LARGER THAN 400 SQUARE FEET. 4.EACH PALLET STORAGE PILE SHALL NOT BE STACKED CLOSER THAN 8 FEET TO ANOTHER PALLET STORAGE PILE. 5.PALLET STORAGE PILES ARE NOT TO BE STACKED HIGHER THAN 15 FEET. 6.PALLET STORAGE PILES SHALL NOT BE STACKED UNDER OVERHEAD POWER LINE. CUP AMENDMENT 2840 OREGON ST PC: 4-16-2024 HYDRITE CHEMICAL CO 17385 GOLF PKWY BROOKFIELD WI 53045 SHIPPERS BUILDING LLC 300 N KOELLER ST OSHKOSH WI 54902 FIVE KINDS LLC 2860 OREGON ST OSHKOSH WI 54902 MOUNTAIN TOP INV I LLC 230 OHIO ST STE 200 OSHKOSH WI 54902 WISCONSIN CENTRAL LTD C/O REAL ESTATE DIRECTOR 17641 S ASHLAND AVE HOMEWOOD IL 60430 W-M INVESTMENTS LLC PO BOX 44326 MADISON WI 53711 TOWN OF BLACK WOLF 380 E BLACK WOLF AVE OSHKOSH WI 54902 W 2 9 TH AV OREGON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 2/27/2024 1 in = 120 ft 1 in = 0.02 mi¯2840 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer RED TAIL RED TAILWAY WAY CCII MM AA RRRROONN CC TT AA VV II AA TT II OO NN RR DD EEAASSTTPPEERRIIMMEETTEERRRRDD W 2 8 T H A V D O T Y S T W 29TH AV W 25TH AV BRADLEY ST W WAUKAU AV F O N D D U L A C R DHUGHES ST OREGON ST O s h k o s h O s h k o s h C ity Li m it C ity Li m it Oshkosh Oshkosh City Limit City Limit OshkoshOshkoshCityCityLimitLimit DR-6 HI HI-PD HI-PD I I I I MR-12 SR-5 SR-5 SR-5 SR-5 SR-5 SR-5-LRO UMU 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: 2/27/2024 1 in = 500 ft 1 in = 0.09 mi¯2840 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer W 29TH AV OREGON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 2/27/2024 1 in = 100 ft 1 in = 0.02 mi¯2840 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :April 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. 3rd Party Audit / Review of Municipal Additions to Building Code, Municipal Zoning, and Signage Codes (Larson) B. ARPA Non-Infrastructure Grant Update (City Manager) A t t a chment sAttachments B. ARPA Grant Applications Summary by Category ARPA Grant Applications Summary by Categories (3 categories per application) # of Times Referenced Categories 17 Infrastructure 7 Employment 6 Childcare 6 Diversity 5 Equipment 5 Workforce 4 Housing 4 Youth Development 4 Homelessness 4 Recreation 4 Training 3 Refugees 3 Education 2 Resources 2 Mentoring 2 Transportation 2 Gun Safety 2 Technology 2 Shelter 2 Veterans 2 Suicide Prevention 2 Business Development 2 Diverse Abilities 2 Literacy 2 Recovery 2 Low-Income 2 Seniors 2 Safety 1 Culture 1 Entrepreneurs 1 Pantry 1 Juneteenth 1 Data Sources 1 Family Services 1 Therapy 1 Respite 1 Legal 1 Rental Support 1 Counseling 1 Consulting 1 Sustainability 1 Contracting 1 Grants 1 Beautification 1 Agriculture 1 Interpretation 1 Domestic Abuse 1 Screenings 1 Art Studio SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items D A TE :D A T E :April 23, 2024 Future Workshops A. Undergrounding Utilities (Stephenson/Buelow) - Date to Be Determined B. Housing (Stephenson) - Date to Be Determined 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 :April 23, 2024 SUB JEC T:SUB JEC T :Cooperative Purchase of 2024 Scag Zero Turn Mowers from Joe's Power Center for Parks Department ($36,239.72) B A C KGRO UN DBACKGROUND The 2024 CIP allocated $40,000.00 to replace two Scag zero turn mowers used at the Parks Department Riverside Cemetery. The two current Scag mowers (units 536 & 539) surpassed their useful service life and were experiencing various ongoing mechanical issues. These mowers are used to maintain the turf at Riverside Cemetery and are used daily between April and November. A N A L Y SI SANALYSIS Purchasing determined that Sourcewell has a cooperative contract for Scag Power Equipment (Contract Number #031121-SCG) for Scag Cheetah II commercial zero turn mowers. Purchasing confirmed this contract qualified as cooperative purchasing exception to our purchasing ordinance. Working with the local Scag dealer (Joe's Power Center), Purchasing secured the cooperative contract pricing for two 2024 Scag mowers and necessary components. Utilizing this contract, the city saved approximately 24% ($8,108.00) off of the list price for the mowers. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact for both mowers and necessary components is $36,239.72. Funding for these units was charged to A/N#: 02240650 7204 15431 (Machinery & Equipment- ARPA). REC O M M E N D A TI ONRECOMMENDATION Section 12-15 of the Municipal Code provides that subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12-15 of the Municipal Code and because this cooperative purchase is in excess of $25,000, I am hereby submitting a report of this purchase to the Common Council. If you have any questions on this purchase please contact me or Landscape Operations Manager Travis Derks. SUB JEC T:SUB JEC T :Strategic Plan Dashboard Updated for 1st Quarter D A TE :D A T E :April 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 :Outstanding Issues D A TE :D A T E :April 23, 2024 A t t a chment sAttachments Outstanding Issues 04.23.24 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 6/9/2020 City Manager Community Conversations to address racism City Manager continuing discussions with various community groups. Council approved city sponsorship of Juneteenth event on June 8th. 6/30/2024 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. 6/25/2024 Staff participating in groups organized by Community Foundation to review short term and long term issues. 1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and City day to day operations Goal continues into 2024 City Manager goals. SAB to discuss training for employees to introduce sustainability principles. 6/25/2024 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 6/25/2024 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.6/25/2024 Downtown study draft near completion. 5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non- infrastructure purposes. Staff received 51 funding requests totaling over $12 million. 4/23/2024 Staff reviewing requests. Update on 4/23 agenda. 1/10/2023 DPW/Legal Sanitary District Negotiations Staff has submitted final draft to Districts. Non- contractual rates have been implemented.4/23/2024 Update to Council in closed session may be necessary. 4/16/2024 DPW & Community Development Undergrounding Utilities Staff has met with WPS to address their issues with undergrounding projects. Staff will reach out to other utilities impacted. 5/28/2024 Workshop will be scheduled with Council after further research and discussion with utilities. 4/23/2024 Council Meeting