HomeMy WebLinkAboutAGENDApacket__05-28-24
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
M ay 28, 2024
**R EVISED
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.WORKSHOP: The Common Council will be meeting at 5:00 p.m. for a workshop on
the Oshkosh Fire Department's Community Risk Assessment (Room 404)
B.CALL TO ORDER (6:00 p.m.)
C.ROLL CALL
D.INVOCATION - VOTING FIRST: Council Member Stephenson
Invocation #3
E.PLEDGE OF ALLEGIANCE: South Park Middle School
F.PRESENTATIONS:
1. 2024 Acanthus Awards, presented by Mayor Mugerauer
a. Lee Reiherzer - "Oshkosh Beer Blog"
b. Smith School - Alliance Development, Inc, Andy Dumke, and Cal Schultz
c. Richard Nebel - "William Waters Oshkosh Architect Blog"
2. Downtown Visualization, presented by Community Development Director Kelly
Nieforth and Planning Services Manager Mark Lyons
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.Receipt & Filing of Minutes - Museum Arts and Culture Board, 04.03.24
3.Res 24-271 Approve Specific Implementation Plan Amendment for Signage, Façade, and
Drive-through Modifications at 2350 State Road 44 (Plan Commission Recommends
Approval)
4.Res 24-272 Award Bid to Quest Interiors for Cabinets and Countertops for Oshkosh Police
Department Evidence Rooms ($26,919.91)
5.Res 24-273 Approve Waiver of Purchasing Requirements for Thermal Imaging Cameras for the
Fire Department
6.Res 24-274 Approve Amended Special Event - Jambalaya Arts, Inc. to Utilize the Alley Area
behind 401-419, N. Main St. for the Alley Art Market series, May 31 & August 17, 2024.
7.Res 24-275 Approve Special Event - Oshkosh Farmers Market, Inc to Utilize 400 & 500 Blocks of
Main Street & 100 Block of Church Avenue for the Oshkosh Farmers Market -
Downtown, June 1--October 26, 2024 (Saturdays)
8.Res 24-276 Approve Special Event - Peace Lutheran Church to Utilize South Park for the Park
Dance, July 12, 2024
9.Res 24-277 Approve Special Event - Kasey Morgan to Hold the Deerfest LLC at Sunnyview
Exposition Center, July 19, 20 & 21, 2024
10.Res 24-278 Approve Special Event - Wisconsin Football Coaches Association to Hold the All Star
Football Games at JJ Keller Field at Titan Stadium, July 19 & 20, 2024
11.Res 24-279 Approve Special Event - Oshkosh Elks Lodge #292 to Utilize Rainbow Memorial Park
for the 34th Annual Oshkosh Elks Sheepshead Fishing Tournament, July 20, 2024
12.Res 24-280 Approve Special Event - Kingsbury Inc to Utilize Menominee Park near Kiwanis
Shelter and Cruiser Docks for Their Summer Picnic & Fisheree, August 24, 2024
13.Res 24-281 Approve Special Event - JJetpack Creative to Utilize the Leach Amphitheater for
the Valley Vinyl Music Festival, September 28, 2024
14.Res 24-282 Approve Special Class "B" License - Kaukauna Archer Club
15.Res 24-283 Approve Combination "Class B" Beer/Liquor License Surrender and Approve
Issuance of Combination "Class B" Beer/Liquor License - Parnell's (2932 Fond du Lac
Rd)
16.Res 24-284 Approve Agent Change - Kwik Trip
17.Res 24-285 Approve Appointments to Various Boards and Commissions
I.ITEMS REMOVED FROM CONSENT AGENDA
J.PENDING ORDINANCE
18.Ord 24-286 Adoption of an Amendment to Chapter 3: Housing of the City of Oshkosh
Comprehensive Plan 2040 (Plan Commission Recommends Approval)
19.Ord 24-287 Approve Request to Attach to the City from the Town of Algoma / Rural II Voluntary
Attachment
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.)
20.*Ord 24-288 Amend Chapter 2 Article II of the City of Oshkosh Municipal Code Pertaining to
Election and Election Officials to Establish a Board of Absentee Ballot Canvassers
(Central Count Location for Absentee Ballots)
21.*Ord 24-289 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed
Use District with a Planned Development Overlay (SMU-PD) for Properties Located
at Jackson Street South of Snell Road (Parcels 91250130000 & 91250130100) (Plan
Commission Recommends Approval)
22.Ord 24-290 Authorize Public Construction for Lake Butte des Morts Development, Phase 1; 3500
Block of Lake Butte des Morts Drive (Staff Recommends Waiving the Rules and
Adopting on First Reading)
23.Ord 24-291 Establish Street Grades / Lake Butte des Morts Development, Phase 1; 3500 Block of
Lake Butte des Morts Drive (Staff Recommends Waiving the Rules and Adopting on
First Reading)
L.NEW RESOLUTIONS
24.Res 24-292 Accept Dedication of Street Right-of-Way for Olivia Road (Plan Commission
Recommends Approval)
25.Res 24-293 Approve Preliminary Plat for the Creation of an Eight (8) Lot Multiple Family
Residential Subdivision at the West 3500-3600 Blocks of Lake Butte des Morts Drive
(Lake Butte des Morts Development) (Plan Commission Recommends Approval)
26.Res 24-294 Approve Initial Resolution for Special Assessments for Utilities, Sidewalk, Grading and
Graveling, Concrete Paving, Terrace Trees, and Street Lighting for Lake Butte des
Morts Development, Phase 1; 3500 Block of Lake Butte des Morts Drive -- with Signed
Waiver
27.Res 24-295 Accept and Approve Waiver of Special Assessment Notices and Hearing in
Connection with Improvements -- Lake Butte des Morts Development, Phase 1; 3500
Block of Lake Butte des Morts Drive
28.Res 24-296 Approve Final Resolution for Special Assessments for Utilities, Sidewalk, Grading and
Graveling, Concrete Paving, Terrace Trees, and Street Lighting for Lake Butte des
Morts Development, Phase 1; 3500 Block of Lake Butte des Morts Drive -- with Signed
Waiver
29.Res 24-297 Approve Developer's Agreement / Lake Butte des Morts Development, Phase 1;
3500 Block of Lake Butte des Morts Drive
30.Res 24-298 Approve Agreement for Sale of Northwest Industrial Park Land to Linde Inc.
($561,000.00)
31.Res 24-299 Approve Special Event - Oshkosh Jazz Festival (Kris Larson) to Utilize the 400 block of
N Main Street for the Oshkosh Jazz Festival, August 24, 2024
32.Res 24-300 Direction to City Manager on 2024 Property Tax Levy
M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
33.Council Discussion and Direction to Staff
A. Update on 3rd Party Review of Municipal Ordinances for Building and Zoning
Codes
34.Future Workshops
A. Undergrounding Utilities, date to be determined
N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS
35.**Cooperative Purchase of Routers and Antennas from TKK Electronics LLC for GO
Transit WisGO Fare Collection System ($25,462.08)
36.Professional Services Agreement with Goodwin Recruiting for Recruiting Services
($50,000.00)
37.Updated 2025 Budget Prep Calendar: Council Workshop #1 (CIP), July 30th, 5:00
p.m.
38.Outstanding Issues
P.ADJOURN
DOWNTOWN
REDEVELOPMENT VISUALIZATION
Kelly Nieforth, City of Oshkosh, Community Development Director
Mark Lyons, City of Oshkosh, Planning Services Manager
GROWTH IN OSHKOSH
GROWTH IN OSHKOSH
COMMUNITY DEVELOPMENT
COLLABORATION
Plan development
Public/Private Investments
Collaboration to Execute
COMMUNITY DEVELOPMENT COLLABORATION
ON DOWNTOWN DEVELOPMENT
Downtown Action Plan - 2000
Partnership Between City of Oshkosh, Oshkosh Foundation, Oshkosh Chamber
Imagine Oshkosh – 2016-17
Formed Imagine Oshkosh Advisory Group
Sawdust District Master Plan – 2018-20
Adopted February 2020
Downtown Redevelopment Visualization- 2024
Partnership Between City of Oshkosh, Oshkosh Area Community Foundation, Oshkosh
Chamber of Commerce, Greater Oshkosh Economic Development Corporation,
Discover Oshkosh, Downtown Oshkosh. Downtown Oshkosh BID
SIGNIFICANT DATES IN CENTRAL CITY
1996 Railroad Tracks are Removed from Downtown
2000 Downtown Action Plan Adopted
2001 Park Plaza Mall Renamed City Center
2002 Opera House Square is Dedicated
2004 Leach Amphitheater Opens
2008 Public Enemies Filmed in Downtown Oshkosh
2010 N. Main Street Reconstructed
2017 Imagine Oshkosh Plan Adopted
2017 Arena Opens in December
2020 Sawdust District Plan Adopted
2022 Redevelopment Projects Along the Fox River Announced for TWall and
ThedaCare/Froedtert
2024 Downtown Redevelopment Plan
DOWNTOWN ACTION PLAN (2000) HIGHLIGHTS
Riverwalk (2010-Present)
100 Block redevelopment (2002)
Leach Amphitheater (2004)
Marion / Pearl Redevelopment Area (1999)
Jefferson / Parkway Infill Development (Land Acquisition
starting in 2006 and anticipated construction in 2026)
Opera House Square Park Developed (2002)
Former Morgan Door/Jeld Wen site Froedtert / Thedacare
Redevelopment (2024)
CATALYST DEVELOPMENTS
CATALYST REDEVELOPMENTS
CATALYST REDEVELOPMENTS
CATALYST REDEVELOPMENTS
CATALYST REDEVELOPMENTS- MARION ROAD
CATALYST REDEVELOPMENTS
Marion Road Redevelopment Area: Merge Urban Development
FROEDTERT THEDACARE
OSHKOSH HOSPITAL
FROEDTERT THEDACARE
OSHKOSH HOSPITAL
RIVERWALK
RIVERWALK
THE CORRIDOR
Jefferson St. Elevation
North Main St. Elevation
DOWNTOWN
REDEVELOPMENT
VISUALIZATION 2024
LM2
Catalyst
Sites
Catalyst Sites
LANDSCAPING IMPROVEMENT EXAMPLES
REDEVELOPMENT SITE
EXAMPLES
* PARTNER PRESENTATIONS – JUNE 2024
* STAKEHOLDER PRESENTATION – JUNE / JULY 2024
* ESTABLISH IMPLEMENTATION PRIORITIES
* SHORT TERM
* LONG TERM
* ESTABLISH OPPORTUNITIES FOR PARTNER
ORGANIZATIONS PARTICIPATION
NEXT STEPS
IT’S ALREADY STARTING!
Williams Wates Gazebo Project Alley Activation project
LM1
THANK YOU!
SUB JEC T:SUB JEC T :Report of Bills
D A TE :D A T E :May 28, 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 $18,475,304.07.
Bills paid May 10 and May 17, 2024 $5,071,173.07
Payroll paid May 24, 2024 $1,150,244.60
Regular cycle payables paid throughout the month of April $11,682,777.06
Regular UMR payables paid throughout the month of April $571,109.34
A t t a chment sAttachments
05102024 Checkrun
05172024 Checkrun
April 2024 UMR
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
9898 05/10/2024 AIRGAS USA LLC 3,127.90
9899 05/10/2024 AURORA HEALTH CARE 1,222.50
9900 05/10/2024 BROOKS TRACTOR INC 400,724.16
9901 05/10/2024 CARRICO AQUATIC RESOURCES INC 387.30
9902 05/10/2024 CARRICO AQUATIC RESOURCES INC 6,925.00
9903 05/10/2024 CENTURYLINK 36.56
9904 05/10/2024 CINTAS CORPORATION NO 2 1,595.53
9905 05/10/2024 CORE AND MAIN LP 8,492.80
9906 05/10/2024 DFI SOLUTIONS IN PRINT INC 4,290.71
9907 05/10/2024 DIGITAL PRINTING INNOVATIONS 589.59
9908 05/10/2024 DR HANSEN PLUMBING LLC 2,410.66
9909 05/10/2024 EMMONS BUSINESS INTERIORS 946.83
9910 05/10/2024 ENTRANCE SYSTEMS 5,395.00
9911 05/10/2024 FRANK CONTRACTORS LLC 2,715.00
9912 05/10/2024 GAPPA SECURITY SOLUTIONS LLC 958.00
9913 05/10/2024 GARROW OIL CORP 21,129.08
9914 05/10/2024 GODFREY AND KAHN SC 3,485.00
9915 05/10/2024 JUSTIFACTS CVS INC 1,157.06
9916 05/10/2024 K AND C PEST CONTROL LLC 50.00
9917 05/10/2024 KEMIRA WATER SOLUTIONS INC 10,459.01
9918 05/10/2024 KENNETH L GRESSER 83.08
9919 05/10/2024 KONE INC 969.33
9920 05/10/2024 KURZ INDUSTRIAL SOLUTIONS INC 8,007.71
9921 05/10/2024 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 21,788.41
9922 05/10/2024 MACQUEEN EQUIPMENT GROUP 162.75
9923 05/10/2024 MARK A ROHLOFF 64.35
9924 05/10/2024 MCC INC 3,606.85
9925 05/10/2024 NORTHEAST ASPHALT INC 872.00
9926 05/10/2024 NORTHERN LAKE SERVICE INC 2,035.72
9927 05/10/2024 OSHKOSH CITY CAB CO INC 109,076.00
9928 05/10/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 123,561.89
9929 05/10/2024 POLYDYNE INC 2,106.00
9930 05/10/2024 POMP'S TIRE SERVICES INC 1,045.24
9931 05/10/2024 P T S CONTRACTORS INC 899,220.67
9932 05/10/2024 RED SHOES INC 2,500.00
9933 05/10/2024 REINDERS INC 318.17
9934 05/10/2024 SERVICEMASTER BLDG MAINTENANCE 2,080.00
9935 05/10/2024 SHERWIN INDUSTRIES INC 355.32
9936 05/10/2024 STATE PUMP SUPPLY LLC 1,126.81
9937 05/10/2024 MCCLONE 47,359.58
9939 05/10/2024 ON TIME EMBROIDERY INC 1,923.50
9940 05/10/2024 WI PUBLIC SERVICE CORP 13,458.92
5001490 05/10/2024 AIRGAS SPECIALITY PRODUCTS INC 12,222.40
5001491 05/10/2024 U S VENTURE HOLDINGS INC 160.00
5001492 05/10/2024 ALEXANDER CHEMICAL CORPORATION 12,210.00
5001493 05/10/2024 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00
5001494 05/10/2024 ASSURANCE TITLE SERVICES INC 71.34
5001495 05/10/2024 BERGSTROM FORD OF OSHKOSH 4,050.10
5001496 05/10/2024 WKU LAUNCH PAD INC 1,218.00
5001497 05/10/2024 BOUND TREE MEDICAL LLC 1,786.24
5001498 05/10/2024 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 974,553.22
5001499 05/10/2024 BRANDON C NIELSEN 12.06
5001500 05/10/2024 CASEY KOELBL 15.29
5001501 05/10/2024 CHRIS HAEDT 10.05
5001502 05/10/2024 SHELLY JANE GUTIERREZ 909.37
5001503 05/10/2024 DEAN M SMITH 22.28
5001504 05/10/2024 DECATUR ELECTRONICS LLC 954.00
5001505 05/10/2024 DORNER COMPANY 3,706.66
5001506 05/10/2024 THEO DURSINA 9.64
5001507 05/10/2024 EMERGENCY LIGHTING AND ELECTRONICS LLC 4,206.40
5001508 05/10/2024 EMMA DZIENGELESKI 29.48
5001509 05/10/2024 FLOORQUEST LLC 10,801.95
5001510 05/10/2024 GALLS LLC 2,133.23
5001511 05/10/2024 GOVERNMENTAL INFORMATION PROCESSING 125.00
5001512 05/10/2024 GUARANTY TITLE SERVICES INC 119.10
5001513 05/10/2024 GUNDERSON CLEANERS INC 1,719.58
5001514 05/10/2024 HENRY SCHEIN INC 1,213.36
5001515 05/10/2024 HOWARD ALLEN DAVIS 1,875.00
5001516 05/10/2024 HYDRAULIC ENGINEERING SERVICES INC 3,478.13
5001517 05/10/2024 JOHNSON'S NURSERY INC 5,600.40
5001518 05/10/2024 A. KALMERTON WELDING SUPPLIES 234.25
5001519 05/10/2024 KAY QUALLEY 434.88
5001520 05/10/2024 KLINK HYDRAULICS LLC 3,775.38
5001521 05/10/2024 KODI PARKER 53.60
5001522 05/10/2024 LAURA KOWALSKI 10.87
5001523 05/10/2024 LEIGH SCHUH 200.33
5001524 05/10/2024 RELX INC 300.00
5001525 05/10/2024 LOCAL MODERN TITLE LLC 97.64
5001526 05/10/2024 MARSHALL J POTTER 250.00
5001527 05/10/2024 MCKAY NURSERY HOLDING COMPANY INC 9,891.00
5001528 05/10/2024 MICHAEL E BLANK 102.51
5001529 05/10/2024 MILWAUKEE TRANSPORT SERVICES INC 21,390.00
5001530 05/10/2024 MSM MANAGEMENT LLC 36.04
5001531 05/10/2024 MURPHY DESMOND SC 1,185.00
5001532 05/10/2024 DAWN HYLER 144.37
5001533 05/10/2024 HALEY HAYZE 52.50
5001534 05/10/2024 LINDSAY GIBSON 10.50
5001535 05/10/2024 PROGRESSIVE INVESTORS INC 165.00
5001536 05/10/2024 CITY OF OSHKOSH 180.00
5001537 05/10/2024 CITY OF OSHKOSH 1,220.00
5001538 05/10/2024 CITY OF OSHKOSH UTILITIES 63.89
5001539 05/10/2024 PATRI STEPHEN 42.32
5001540 05/10/2024 PAULA JEAN STEINERT 250.00
5001541 05/10/2024 TECHNIMOUNT SYSTEM LLC 12,525.00
5001542 05/10/2024 THE TITLE EXCHANGE 71.79
5001543 05/10/2024 THE TITLE EXCHANGE 7,500.00
5001544 05/10/2024 THOMPSON PHOTO IMAGERY 4,470.00
5001545 05/10/2024 TODD MUEHRER 22.11
5001546 05/10/2024 TOTAL SECURITY AND SAFETY INC 6,300.00
5001547 05/10/2024 TOWN N COUNTRY TITLE LLC 405.59
5001548 05/10/2024 TRUGREEN PROCESSING CENTER 231.95
5001549 05/10/2024 TYLER MENTINK 217.82
5001550 05/10/2024 WI STATE LABORATORY OF HYGIENE 29.00
5001551 05/10/2024 UNITED PARCEL SERVICE 79.29
5001552 05/10/2024 WHITE CAP LP 2,526.50
5001553 05/10/2024 DIANA L WIECHMAN 67.82
5001554 05/10/2024 WRS PROPERTY MANAGEMENT LLC 54.21
5001555 05/10/2024 ZILLGES MATERIALS INC 2,162.00
5001556 05/10/2024 ZOLL MEDICAL CORPORATION 3,959.98
2,845,906.41
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
9968 05/17/2024 AECOM INC 71,832.13
9969 05/17/2024 BADGER LAB & ENGINEERNG CO INC 3,644.50
9970 05/17/2024 BEZIO ANIMAL CONTROL 500.00
9971 05/17/2024 CASEY M CANADY 33.50
9972 05/17/2024 CHEMTRADE CHEMICALS US LLC 4,227.63
9973 05/17/2024 CINTAS CORPORATION NO 2 464.17
9974 05/17/2024 CONVERGENT CLAIMS SERVICES, LLC 5,303.74
9975 05/17/2024 CONWAY SHIELD 3,380.00
9976 05/17/2024 CORE AND MAIN LP 68,040.00
9977 05/17/2024 IMAGE 360 INC 150.00
9978 05/17/2024 CUMMINS SALES AND SERVICE 1,455.96
9979 05/17/2024 EMMONS BUSINESS INTERIORS 3,234.16
9980 05/17/2024 ENTERPRISE LIGHTING LTD 2,043.24
9981 05/17/2024 ENTRANCE TECHNOLOGIES 1, LLC 220.00
9982 05/17/2024 ENVIROTECH EQUIPMENT 1,852.04
9983 05/17/2024 FACILITY ENGINEERING INC 3,250.00
9984 05/17/2024 FIRE APPARATUS & EQUIPMENT INC 9,320.10
9985 05/17/2024 FIRELINE SPRINKLER CORPORATION 275.00
9986 05/17/2024 GALLAGHER BENEFIT SERVICES INC 6,000.00
9987 05/17/2024 HORST DISTRIBUTING INC 71.96
9989 05/17/2024 JOHN ZARATE 49.78
9990 05/17/2024 KEMIRA WATER SOLUTIONS INC 10,758.96
9991 05/17/2024 KWIK TRIP INC 2,059.40
9992 05/17/2024 MACCO'S COMMERCIAL INTERIORS 255.00
9993 05/17/2024 MACQUEEN EQUIPMENT GROUP 393.46
9994 05/17/2024 MARK A ROHLOFF 1,133.81
9995 05/17/2024 MCC INC 22,960.24
9996 05/17/2024 MONROE TRUCK EQUIPMENT 32.33
9997 05/17/2024 NORTHERN LAKE SERVICE INC 2,697.49
9998 05/17/2024 OCEAN CONSULTING GROUP 510.00
9999 05/17/2024 OFFICE FURNITURE RESOURCES, INC.4,835.00
10000 05/17/2024 PLYMOUTH LUBRICANTS 887.14
10001 05/17/2024 POMP'S TIRE SERVICES INC 700.70
10002 05/17/2024 PROFESSIONAL SVC INDUSTRIES 6,539.00
10003 05/17/2024 QUALITY TRUCK CARE CENTER INC 18,300.09
10004 05/17/2024 RNOW INC 6,295.06
10005 05/17/2024 NES ECOLOGICAL SERVICES 7,495.18
10006 05/17/2024 ROGAN'S SHOES 792.50
10007 05/17/2024 SECURIAN FINANCIAL GROUP INC 20,463.97
10008 05/17/2024 SHORT ELLIOTT HENDRICKSON INC 5,677.14
10009 05/17/2024 TAPCO INC 29,278.46
10010 05/17/2024 VALLEY VNA HEALTH SYSTEMS INC 2,533.35
10011 05/17/2024 VINTON CONSTRUCTION INC 174,336.85
10012 05/17/2024 WI PUBLIC SERVICE CORP 195,044.73
10013 05/17/2024 WOLF AND SONS PLUMBING LLC 2,062.00
5001557 05/17/2024 HYDRO CORP 8,781.00
5001558 05/17/2024 ADVANCE CONSTRUCTION INC 455,288.83
5001559 05/17/2024 ANDREW J PRICKETT 10.00
5001560 05/17/2024 ASSURANCE TITLE SERVICES INC 60.00
5001561 05/17/2024 AT & T 420.96
5001562 05/17/2024 BCN SERVICES 8,212.00
5001563 05/17/2024 BOB GRIFFIN CARPENTRY LLC 7,020.00
5001564 05/17/2024 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 409,763.75
5001565 05/17/2024 BRITTNEY MEYER 16.75
5001566 05/17/2024 BUECHEL STONE CORP 6,710.60
5001567 05/17/2024 CFA SOFTWARE 8,470.00
5001568 05/17/2024 CRAIG A RAMTHUN 16.08
5001569 05/17/2024 D AND K RENTALS 150.00
5001570 05/17/2024 DEBRA WESTENBERGER 350.00
5001571 05/17/2024 DONS AUTO BODY INC 7,917.39
5001572 05/17/2024 EAST CENTRAL WI REG PLAN COMM 680.70
5001573 05/17/2024 ELLIS FENCE CO LLC 520.00
5001574 05/17/2024 EMERGENCY LIGHTING AND ELECTRONICS LLC 15,086.42
5001575 05/17/2024 ENGBERG ANDERSON INC 3,210.00
5001576 05/17/2024 ENRIQUE ORTEGA 83.08
5001577 05/17/2024 FASTENAL COMPANY 6,749.19
5001578 05/17/2024 FIRE ESCAPE ART STUDIO 140.43
5001579 05/17/2024 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 30.00
5001580 05/17/2024 FOX VALLEY MEP INC 6,000.00
5001581 05/17/2024 GALLS LLC 261.95
5001582 05/17/2024 GANNETT WISCONSIN LOCALIQ 1,076.54
5001583 05/17/2024 GUARANTY TITLE SERVICES INC 263.47
5001584 05/17/2024 H & H SALES COMPANY 12,900.00
5001585 05/17/2024 HENRY SCHEIN INC 1,064.87
5001586 05/17/2024 HUELIFE LLC 14,529.51
5001587 05/17/2024 HYDROCLEAN EQUIPMENT INC 2,130.96
5001588 05/17/2024 JACOB DEDERING 54.94
5001589 05/17/2024 JACOB M SCHWARTZ 66.00
5001590 05/17/2024 JASON ELLIS 42.21
5001591 05/17/2024 A. KALMERTON WELDING SUPPLIES 107.90
5001592 05/17/2024 KANE COMMUNICATIONS GROUP 20,394.39
5001593 05/17/2024 KLINK EQUIPMENT 384.48
5001594 05/17/2024 LEAVES INSPIRED TREE NURSERY 7,591.00
5001595 05/17/2024 MIDWEST REALTY MANAGEMENT INC 27.55
5001596 05/17/2024 NEAR NORTH TITLE GROUP 58.64
5001597 05/17/2024 NORTHEAST WI TECHNICAL COLLEGE 549.00
5001598 05/17/2024 NORTHERN TELEPHONE &DATA CORP 195.50
5001599 05/17/2024 DAVID BLAU 30.00
5001600 05/17/2024 LASER INVESTMENTS LLC 347.28
5001601 05/17/2024 MICHAEL DUNLAVY 7.00
5001602 05/17/2024 SUZANNE PHILIPP 23.00
5001603 05/17/2024 TOU KONG 42.00
5001604 05/17/2024 CITY OF OSHKOSH 190.00
5001605 05/17/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 270.00
5001606 05/17/2024 PARK 'N PRINT INC 188.30
5001607 05/17/2024 PEPSI COLA GENERAL BOTTLNG INC 874.16
5001608 05/17/2024 PREMIER CLOSING SERVICES LLC 18.57
5001609 05/17/2024 REGISTRATION FEE TRUST 169.50
5001610 05/17/2024 ROBERT REWOLINSKI 10.72
5001611 05/17/2024 ROBERT STEIN 107.00
5001612 05/17/2024 ROGUE GRAPHX LLC 1,983.26
5001613 05/17/2024 ROXY SUPPER CLUB 590.00
5001614 05/17/2024 RYAN BUSCHING 64.99
5001615 05/17/2024 DOLORES J SCHMUDE 45.94
5001616 05/17/2024 SHALLOW CREEK KENNELS INC 12,000.00
5001617 05/17/2024 SMA CONSTRUCTION SERVICES LLC 458,850.00
5001618 05/17/2024 STATE BAR OF WISCONSIN 1,611.00
5001619 05/17/2024 STEWART TITLE COMPANY 33.63
5001620 05/17/2024 THE HOME DEPOT PRO 689.25
5001621 05/17/2024 THOMAS R KARRELS PE SC 5,300.00
5001622 05/17/2024 THOMPSON PHOTO IMAGERY 519.00
5001623 05/17/2024 TOYS FOR TRUCKS INC 4,730.11
5001624 05/17/2024 TRUGREEN PROCESSING CENTER 50.25
5001625 05/17/2024 UNITED DATA TECH LLC 494.48
5001626 05/17/2024 UNITED MAILING SERVICE INC 2,026.97
5001627 05/17/2024 UNITED PARCEL SERVICE 30.25
5001628 05/17/2024 VERIZON WIRELESS 9,149.13
5001629 05/17/2024 WATER CITY POOL AND SPA LLC 12,741.28
5001630 05/17/2024 WAUKESHA COUNTY AREA TECH COLLEGE 1,490.00
5001631 05/17/2024 WI DEPT OF NATURAL RESOURCES 130.00
5001632 05/17/2024 WI DEPT OF TRANSPORTATION 1,531.60
5001633 05/17/2024 WRIGHT WEBER MANAGEMENT LLC 152.13
2,225,266.66
SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Museum Arts and Culture Board, 04.03.24
D A TE :D A T E :May 28, 2024
A t t a chment sAttachments
MAC Board Minutes 04.03.24
Minutes of the April 3, 2024 Museum Arts and Culture Board Meeting
Page 1 of 2
Minutes of the April 3, 2024 Museum, Arts and Culture Board Meeting
(Approved at the May 8, 2024 Board Meeting)
The April 3, 2024 meeting of the Oshkosh Public Museum (OPM) Museum, Arts and Culture
(MAC) Board was held Wednesday, April 3, 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, Board Members
Becky Matzke, Drew Mueske, Board Member/Council Member Joseph Stephenson, Alternate
Carrie Olson
Excused: Alternate Erron Hundt
Also Present: Assistant Director/Chief Curator Anna Cannizzo, Curator of Education Neal
Matherne, and Administrative Assistant Theresa Books recording the Minutes.
One citizen attended the meeting and addressed the Board. Kirsten Buckstaff of Oshkosh. She
brought images of a large mural painted by Eugene Savage that is in the Museum’s collections.
She explained the imagery in the mural, noting it was purchased by the Streich family as a
memorial to their parents. She expressed a desire to see the mural on display again.
Consent Agenda items included:
A. Minutes of the March 13, 2024, Board Meeting
MOTION: Approve Consent Agenda (Matzke; second Brown)
CARRIED: Yes (6) Brown, Matzke, Mueske, Olson, Redlin, Stevenson
Chair Redlin requested the Assistant Director’s Report.
Assistant Director Anna Cannizzo began with a building construction update. Council approved a
contract with Cardinal Construction at the March 26th meeting. A construction meeting was then
held last week to plan out details and determine a preliminary timeline. Completion may be as
early as the end of summer. Ms. Cannizzo noted that when the gallery is complete, because the
date is very uncertain, staff have decided that a Mears encore exhibition will be planned. The
Helen Farnsworth Mears: A Genius of Wisconsin exhibit won state recognition and many people
commented they wished to see it. This will allow for a soft opening of the gallery. Then in 2025
the exhibition Tiffany’s Gardens in Glass will be held July 19, 2025 – January 3, 2026. The
Minutes of the April 3, 2024 Museum Arts and Culture Board Meeting
Page 2 of 2
agreement for that exhibit has been approved by Council and needed department heads at City
Hall. A down payment for the exhibit has been sent. The concluded the Assistant Director’s report.
MAC Board Member Statement or Announcements
Ms. Brown stated she would love to have more discussion about art in public spaces.
Ms. Olson noted that the Public Arts Commission had a plan developed, perhaps that could be
used as a starting place.
Mr. Mueske stated he will ask Amy Albright of the Convention and Visitors Bureau to share the
plan for their new Public Arts Coordinator position.
Chair Redlin asked for a motion to adjourn.
MOTION: Adjourn (Matzke; second Stephenson)
CARRIED: Voice Vote
The meeting adjourned at 5:20 p.m.
Assistant Director Cannizzo offered the Board the choice of the planned tour of the collections area,
or she would show them where the mural is stored on the Museum’s second floor. They chose to see
where the mural is stored.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-271 Approve Specific Implementation Plan Amendment for Signage, Façade, and
Drive-through Modifications at 2350 State Road 44 (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The petitioner requests an amendment to the Specific Implementation Plan approval for signage,
façade, and drive-through modifications at 2350 State Road 44. The subject site is a 1.54-acre property
located on the north side of State Road 44, west of South Washburn Street. The property is zoned Business
Park District with a Planned Development Overlay (BP-PD) and contains an existing drive-through
restaurant building. The surrounding area consists of commercial uses along State Road 44 and industrial
uses to the north. The 2040 Comprehensive Plan recommends Interstate Commercial use for the subject
property. The property is located within the Universal Business Park.
In 2014, a Conditional Use Permit (CUP)/Planned Development (PD) was approved for a drive-through
restaurant at the subject property (Resolution 14-469). In 2016, a PD amendment was approved to allow
a 25 sq. ft. (per side) electronic message center (EMC) (Resolution 16-96).
A N A L Y SI SANALYSIS
There are no changes being proposed to the site, with the exception of a drive-through canopy to be
placed over the existing drive-through lanes along with installation of order kiosks under the canopy.
FI SC A L I M P A CTFISCAL I M P A C T
Approval of this may result in an increase in the assessed property value for the site. The applicant is
anticipating spending approximately $275,000 on the proposed project.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested Specific Implementation Plan
Amendment for signage, façade, and drive-through modifications at 2350 State Road 44 with findings on
May 21, 2024. Please see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
Res 24-271
SIP Amendment - 2350 State Rd. 44
5/28/2024 24-271 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR SIGNAGE, FAÇADE, AND
DRIVE-THROUGH MODIFICATIONS AT 2350 STATE ROAD 44
INITIATED BY : MACH IV ENGINEERING & SURVEYING LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the Specific Implementation Plan Amendment for signage,
façade, and drive-through modifications at 2350 State Road 44 , is consistent with the criteria established in
Section 30-387 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Specific
Implementation Plan Amendment for signage, façade, and drive-through modifications at 2350 State Road
44 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 will positively contribute to and not detract from the
physical appearance and functional arrangement of development in the area.
2.
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of
approval for a Specific Implementation Plan Amendment for signage, façade, and drive-through
modifications at 2350 State Road 44 per the attached:
Except as specifically modified by this Specific Implementation Plan Amendment, the terms and
conditions of the original Planned Development approval dated October 28, 2014 (Resolution 14-469)
remain in full force and effect.
1.
ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR SIGNAGE,
FAÇADE, AND DRIVE-THROUGH MODIFICATIONS AT 2350 STATE
ROAD 44
Plan Commission Meeting of May 21, 2024.
GENERAL INFORMATION
Owner: 2350 Highway 44 LLC
Petitioner: Mach IV Engineering & Surveying LLC
Action(s) Requested:
The petitioner requests an amendment to the Specific Implementation Plan approval for
signage, façade, and drive-through modifications at 2350 State Road 44.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information Property Location and Type:
The subject site is a 1.54-acre property located on the north side of State Road 44, west of South
Washburn Street. The property is zoned Business Park District with a Planned Development
Overlay (BP-PD) and contains an existing drive-through restaurant building. The surrounding
area consists of commercial uses along State Road 44 and industrial uses to the north. The 2040
Comprehensive Plan recommends Interstate Commercial use for the subject property. The
property is located within the Universal Business Park.
In 2014, a Conditional Use Permit (CUP)/Planned Development (PD) was approved for a drive-
through restaurant at the subject property (Resolution 14-469). In 2016, a PD amendment was
approved to allow a 25 sq. ft. (per side) EMC (Resolution 16-96).
Subject Site
Existing Land Use Zoning
Commercial BP-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Industrial HI
South Commercial BP & SMU
East Commercial HI
West Commercial BP-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Use
No changes are being proposed to the existing use of the site design, which will remain a drive-
through restaurant.
Site Design
There are no changes being proposed to the site, with the exception of a drive-through canopy
to be placed over the existing drive-through lanes along with installation of order kiosks under
the canopy.
Site Plan
The proposed canopy will be constructed of prefinished metal with stone veneer bases to match
the existing building facades. The canopy will not exceed the maximum canopy height of 25’.
Proposed canopy
Kiosk rendering
Signage
The applicant is proposing to remove the existing monument signage, including a 25 sq. ft.
EMC and 22.36 sq. ft. static sign cabinet above the EMC, and has submitted plans for a new 38.6
sq. ft. EMC to be placed on the existing monument sign base. The existing sign meets setback
requirements with a 30’ front setback, which will not change with this request. The plan was
brought to a Plan Commission meeting on April, 2, 2024 for SIP amendment request. Plan
Commission recommended the item be tabled to a future meeting as the signage requires
approval of a variance from the Universal Business Park Covenants through review by Greater
Oshkosh Economic Development Corporation (GOEDC).
The Business Park zoning district (BP) allows EMC signage of up to 100 sq. ft. per lot. However,
the Universal Business Park covenants prohibit EMCs. The previously approved Planned
Development amendment (2016) limited the EMC to 25 sq. ft. The applicant is requesting
approval of an increased EMC size to 38.6 sq. ft. A variance from the Universal Business Park
covenants was approved to allow the increased EMC size on May 10, 2024.
Staff is supportive of the increased EMC size as it will remain well under the maximum EMC
area for the BP zoning district and has now been approved by GOEDC. The Transportation
Department has reviewed the plan and noted that the sign must not flash or distract drivers.
The applicant is also proposing channel letter signage on the front facade and cabinet signs on
the side facades of the building (see building elevations below). The proposed signage meets
BP signage requirements and is within the maximum sign area of 1 sq. ft. per linear foot of
building façade. A variance to the Universal Business Park Covenants was approved by
GOEDC on May 10, 2024 for the cabinet signs, in addition to the EMC, as cabinet signs are
prohibited by the Universal Business Park Covenants.
Landscaping
No additional pavement or building areas are being constructed. Therefore, no additional
landscaping is required.
Storm Water Management
The Department of Public Works has reviewed the plans and did not note any concerns.
Lighting
The provided plans do not include new lighting for the site.
Building Facades
The applicant is proposing minimal changes to the building exterior which include the
following:
- Painting portions of existing building and awnings
- Replacing existing drive-through window (west elevation) with a door for walk-out to
drive-through
Staff is supportive of the proposed building modifications as they will maintain existing
building materials and will not result in reduction of Class I materials.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings
based on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose
and intent of this Chapter.
(d) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
Staff recommends approval of the Specific Implementation Plan Amendment as proposed with
the findings listed above and the following condition:
1. Except as specifically modified by this Specific Implementation Plan Amendment, the
terms and conditions of the original Planned Development approval dated October 28,
2014 (Resolution 14-469) remain in full force and effect.
Plan Commission recommends approval of the Specific Implementation Plan
Amendment at 2350 State Road 44 with the findings and conditions on May 21, 2024.
The following is Plan Commission’s discussion on the item.
Site Inspections Report: Ms. Scheuermann, Ms. Davey, Mr. Nichols, and Mr. Ulrich reported
visiting the site.
Staff report accepted as part of the record.
The petitioner requests an amendment to the Specific Implementation Plan approval for
signage, façade, and drive-through modifications at 2350 State Road 44.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject site is located on the north side of State
Road 44, and contains an existing drive-through restaurant building. Was previously a Taco
Johns and Pizza @ 44. The property is located within the Universal Business Park.
No changes are being proposed to the site with the exception of a drive-through canopy to be
placed over the existing drive-through lanes along with installation of order kiosks under the
canopy. The proposed canopy will be constructed of prefinished metal with stone veneer bases
to match the existing building facades.
The applicant is proposing to remove the existing monument signage, including a 25 sq. ft.
EMC and 22.36 sq. ft. static sign cabinet above the EMC, and has submitted plans for a new 38.6
sq. ft. EMC to be placed on the existing monument sign base. The plan was brought to a Plan
Commission meeting on April, 2, 2024 for SIP amendment request. Plan Commission
recommended the item be tabled to a future meeting as the signage requires approval of a
variance from the Universal Business Park Covenants through review by Greater Oshkosh
Economic Development Corporation (GOEDC). A variance from the Universal Business Park
covenants was approved to allow the increased EMC size on May 10, 2024. Staff is supportive
of the increased EMC size as it will remain well under the maximum EMC area for the BP
zoning district and has now been approved by GOEDC.
The applicant is also proposing channel letter signage on the front facade and cabinet signs on
the side facades of the building. A variance to the Universal Business Park Covenants was
approved by GOEDC on May 10, 2024 for the cabinet signs, in addition to the EMC, as cabinet
signs are prohibited by the Universal Business Park Covenants.
The applicant is proposing minimal changes to the building exterior which include painting
portions of existing building and awnings, and replacing existing drive-through window (west
elevation) with a door for walk-out to drive-through. Staff is supportive of the proposed
building modifications as they will maintain existing building materials and will not result in
reduction of Class I materials.
Staff recommends approval of the Specific Implementation Plan Amendment as proposed with
the findings & condition listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Ulrich inquired about the awnings, and anchors. Where they are mounting into, does that
count in the necessary Class I materials.
Mr. Lyons stated no, it would not be part of the primary building façade.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
Jeff Peterson, a general contractor with CR Structures, is working with Foodies. The interior is
ready, and now they are trying to move on to the exterior. Brian (Slusarek) did a great job with
explaining everything. He made himself and the sign contractor available for questions.
Mr. Perry asked if any members of the public wished to speak.
Mr. Perry closed public comment.
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 Coulibaly.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 8-0.
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**
Contact preference:
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: _______________________ 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
BP-PD
HI ZONING - INDUSTRIAL USE
BP/SMU - MEDICAL CLINIC/FITNESS CENTER
HI - OFFICE
BP-PD - OFFICE
MACH IV ENGINEERING & SURVEYING LLC 02.04.2024
2260 SALSCHEIDER CT GREEN BAY WI 54313
920 569-6765 JEHRFURTH@MACH-IV.COM X
X
2350 STH 44
2350 HIGHWAY 44 LLC
OSHKOSH WI 54913
02.04.2024
920 733-7305 X
X
XX
2350 STATE HIGHWAY 44
COMMERCIAL DEVELOPMENT
VACANT RESTAURANT
March 27, 2024
Page 7
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)
X
X
X
X
X
X
X
X
X
X
Page 8
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: _____________________
X
X
X
X
X
X
X
02.04.2024
Page 9
Page 10
Page 11
Page 12
General Development Plan (GDP)/Specific Implementation (SIP)
General Location Map
The site is located at 2350 State Highway (STH) 44. The existing site is the location of
restaurant. The existing restaurant was originally constructed with a Conditional Use Permit to, in
part, allow a drive thru. A Site Map is included as Sheet C1.0. The site is 1.54 acres in size.
Existing developments include the restaurant, associated parking lot, and stormwater facility. The
site has one ingress/egress points onto STH 44.
The site to the north is an industrial development, the south side is a commercial/office use and
fitness center, the east side is commercial/office use, and the west side is commercial office use.
The site is currently zoned Business Park with a PD overlay, therefore we are requesting a PD
amendment. Abutting zoning is as follows:
North: HI
South: BP/SMU
East: HI
West: BP-PD
Specific Use
The intent of the project is to do an interior remodel and add two additional drive-thru order
board/kiosk.
Traffic Patterns
The site will continue to use the existing ingress/egress point.
Grading
Minor site grading is required to accommodate the proposed drive-thru configuration.
Drainage
Site drainage patterns will remain the same. No new impervious surfaces are proposed.
Open Spaces
The Existing Site is densely developed and has 58% green space. The proposed site plans do
not increase the amount of impervious area.
Statistical Data
Individual site statistics are listed in for each parcel on Sheets C2.0. A summary of the proposed
site statistics are as follows:
Lot Size 67,024 SF
Green Space 39,020 SF (58%)
Impervious Surface 28,004 SF (43%)
Page 13
Landscaping
Landscaping is existing and no proposed landscape modifications are proposed.
Signage
The site contains one existing monument sign. It is proposed to be re-purposed. The proposed
location is shown on C2.0 and an architectural elevation of the sign is included in the submittal
information.
Planned Development
The proposed plans are to repurpose the existing site. The site will be modified to include two
additional drivethru order board/kiosk. The additional drivethru is behind the building and not
readily visible from the public roadway. Site currently has one drive thru space.
The site relationship to the nearby public streets will remain the same as the existing site. The
existing ingress and egress points will be maintained.
Architectural Plans
Architectural floor plans and building elevations are included for both sites. Proposed building
fascades and materials of construction are included for the respective buildings.
Engineering Plans
Full engineering plans are included.
Proposed Exceptions from Zoning Ordinance
The site’s zoning is currently Planned Development (PD). This request is to amend the PD to allow
the development of two additional drive thru.
Page 14
Page 15
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Project Number:
2260 Salscheider Court Green Bay, WI 54313
PH:920-569-5765; Fax: 920-569-5767
www.mach-iv.com
2156-01-23
SITE PLAN
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REPLACE ASPHALT IN-KIND. WEDGE PAVEMENT TO DRAIN
CONCRETE PAVEMENT; SEE DETAIL B SHEET C5.0
CONCRETE ISLAND; REFER TO ARCHITECTURAL PLANS
CANOPY OUTLINE
ADA STALL SYMBOL SEE DETAIL C SHEET C5.0
ADA SIGN; SEE DETAIL D SHEET C5.0
QUEING LENGTH, FOR ILLUSTRATION PURPOSES ONLY
4-INCH WIDE PAINT STRIPE; MATCH EXISTING COLOR
PAVEMENT MARKING; DIRECTION ARROW
BOLLARD; SEE DETAIL E SHEET C5.0
MENU BOARD; REFER TO ARCHITECTURAL DRAWINGS
REFURBISH EXISTING MONUMENT SIGN; REFER TO ARCHITECTURAL DRAWINGS
1
2
3
4
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6
7
8
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SITE STATISTICS
PARCEL ADDRESS:
PARCEL NUMBER:
PARCEL SIZE:
ZONING:
OCCUPANCY CLASSIFICATION:
OCCUPANCY USE:
EXISTING SITE
GREEN SPACE:
IMPERVIOUS AREA
BUILDING:
PAVEMENT:
TOTAL IMPERVIOUS:
PROPOSED SITE
TOTAL DISTURBED AREA:
GREEN SPACE REQUIRED:
GREEN SPACE PROVIDED:
IMPERVIOUS AREA
BUILDING:
PAVEMENT:
TOTAL IMPERVIOUS:
2350 STATE ROAD 44
91329000407
67,024 SF (1.54 AC)
BP-PD: BUSINESS PARK DISTRICT & PLANNED DEVELOPMENT OVERLAY
B - BUSINESS
A2 - RESTAURANT
39,020 SF (58.2%)
1,928 SF (2.9%)
26,076 SF (38.9%)
28,004 SF (41.8%)
1,526 SF (0.035 AC)
30% (20,107 SF)
39,020 SF (58.2%)
1,928 SF (2.9%)
26,076 SF (38.9%)
28,004 SF (41.8%)
2350 HIGHWAY 44 LLC
2350 STATE HIGHWAY 44
OSHKOSH, WI 54904
OWNER
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Page 16
PD AMENDMENT
2350 STATE ROAD 44
PC: 5-21-2004
C E S A 6
2935 UNIVERSAL CT
OSHKOSH WI 54904-6324
2350 HIGHWAY 44 LLC
PO BOX 7303
APPLETON WI 54912-7070
HWY 44 BUSINESS PLACE LLC
C/O TOM SCHARPF
1621 MARICOPA DR
OSHKOSH WI 54904-8231
RLR INVESTMENTS LLC
600 GILLAM RD
WILMINGTON OH 45177-9089
CRH PROPERTIES LLC
2375 STATE ROAD 44 STE A
OSHKOSH WI 54904-6333
HCP DERMATOLOGY ASSOC LLC
SILA REALTY TRUST
1001 WATER ST STE 800
TAMPA FL 33602-5467
SPRINT EDWARDS PROP LLC
2325 STATE ROAD 44
OSHKOSH WI 54904-6333
Page 17
ENTERPRISE DR
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Printing Date: 2/26/2024
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Page 18
ELK RIDGE DRCUTTER CT
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Prepared by: City of Oshkosh, WI
Printing Date: 2/26/2024
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1 in = 0.11 mi¯2350 STATE ROAD 44
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 19
ENTERPRISE
DR
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Prepared by: City of Oshkosh, WI
Printing Date: 2/26/2024
1 in = 200 ft
1 in = 0.04 mi¯2350 STATE ROAD 44
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 20
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-272 Award Bid to Quest Interiors for Cabinets and Countertops for Oshkosh Police
Department Evidence Rooms ($26,919.91)
B A C KGRO UN DBACKGROUND
The flooring, storage units, cabinets, and equipment within the Police Department's Evidence Packaging
Rooms are outdated and do not provide an efficient work space for multiple users. The Common
Council allocated $55,000 in the 2024 CIP for the renovation of these rooms to include new cabinets,
countertops, flooring, furniture, paint, and other plumbing/electrical upgrades. At their March 12, 2024,
meeting, the Common Council approved Resolution 24-119, which allocated an additional $25,000 for this
project due to anticipated higher project costs. Facilities Maintenance staff will be coordinating this
renovation, working with contractors and/or in-house staff to complete the project. This memo is to
award the bid for the replacement of the cabinet and countertops in these rooms. The full renovation of
these rooms is expected to be completed by this summer.
A N A L Y SI SANALYSIS
Working with Facilities Maintenance and Police Department staff, Purchasing prepared bid specifications
for the cabinet and countertop replacements. The bid was advertised in the local newspaper and
posted on DemandStar. Bids were due May 21, 2024. The bid tab is attached. It is the consensus of staff
that the sole bid from Quest Interiors met all the minimum bid requirements and is competitive.
FI SC A L I M P A CTFISCAL I M P A C T
The total fiscal impact of this bid is $26,919.91. The Common Council allocated a total of $80,000.00 in the
2024 CIP for this project. This project will be charged to A/N#: 02240130 7214 15431 (ARPA-2024 Facilities
Improvements). Remaining funds allocated for this project will be used for the other renovation needs
noted above.
REC O M M E N D A TI ONRECOMMENDATION
Purchasing recommends the Common Council award this bid to Quest Interiors for $26,919.91.
A t t a chment sAttachments
Res 24-272
Bid Tab PD Cabinets and Countertops
05/28/2024 24-272 RESOLUTION
CARRIED 6-0
PURPOSE: AWARD BID TO QUEST INTERIORS FOR CABINETS AND COUNTERTOPS FOR OSHKOSH POLICE
DEPARTMENT EVIDENCE ROOMS ($26,919.91)
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, the City of Oshkosh has heretofore advertised for bids for Cabinets and Countertops for Oshkosh
Police Department Evidence Rooms; and
WHEREAS, upon the opening and tabulation of bids, the following is the only bid:
QUEST INTERIORS
1705 S Washburn St
Oshkosh, WI 54904
Total Bid: $26,919.91
WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this
purpose is hereby appropriated from:
Acct. No. 02240130 7214 15431 ARPA-2024 Facilities Improvements
BID TAB
CABINETS AND COUNTERTOPS
OSHKOSH POLICE DEPT PACKAGING AND LAB AREA
TUESDAY – MAY 21, 2024
BIDDER BID PREQUAL BID BOND
Quest Interiors
1705 S Washburn St
Oshkosh WI 54904
$26,919.91
YES
YES
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-273 Approve Waiver of Purchasing Requirements for Thermal Imaging Cameras for the
Fire Department
B A C KGRO UN DBACKGROUND
The Fire Department has identified the need to replace its thermal imaging cameras (TICs). The Common
Council allocated $70,000.00 in the 2024 CIP for this project. TICs allow firefighters to more effectively
search for victims in heat and smoke-filled environments. They also improve firefighter safety by
enhancing their situational awareness in dangerous conditions. TICs are a potentially lifesaving piece of
equipment that has mission-critical performance requirements. While the City of Oshkosh Municipal
Code requires that all purchases, services, supplies, materials, and equipment in excess of $25,000 be
competitively bid, due to the specific needs of the department and the implications on life safety, staff
believes that the process of utilizing a staff selection and specification committee would be a better
approach for this purchase to ensure that the Fire Department's operational needs for thermal imaging
cameras are addressed.
A N A L Y SI SANALYSIS
Staff recommends the Common Council waive the City's purchasing requirements to enact this
approach. Once a specific TIC system is selected and recommended, Purchasing will review the
purchasing options with the vendor to ensure the best price on the specific system is achieved. The final
purchase will then be brought forward before the Common Council for approval.
FI SC A L I M P A CTFISCAL I M P A C T
The Common Council allocated $70,000.00 in the 2024 CIP for this project. There is no fiscal impact at this
time.
REC O M M E N D A TI ONRECOMMENDATION
We recommend that the Council waive the purchasing requirements of Section 12-10 of the Oshkosh
Municipal Code to allow a committee to review and select thermal imaging cameras that are best
suited to the operational needs and budgetary requirements of the Oshkosh Fire Department. Please
direct any questions on this matter to Fire Chief Mike Stanley.
A t t a chment sAttachments
Res 24-273
05/28/2024 24-273 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE WAIVER OF PURCHASING REQUIREMENTS FOR THERMAL IMAGING CAMERAS FOR THE FIRE
DEPARTMENT
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, the City of Oshkosh Municipal Code generally requires that all purchases of services, supplies,
materials and equipment in excess of $25,000 be competitively bid unless such purchases meet one of the
specific exceptions listed within the Code; and
WHEREAS, the Oshkosh Fire Department desires to purchase Thermal Imaging Cameras; and
WHEREAS, the Common Council allocated $70,000.00 in the 2024 CIP for this project; and
WHEREAS, while such equipment may be subject to competitive bidding, the Fire Department believes
that the process of utilizing a staff selection and specification committee would be the best approach for
this approved purchase to ensure that the Fire Department’s operational needs for Thermal Imaging
Cameras are addressed.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the request for waiver
of the formal bidding requirements of Section 12-10 of the Oshkosh Municipal Code is hereby approved and
the purchasing division is hereby authorized to work with the Fire Department to review and select thermal
imaging cameras that are best suited to the operational needs and budgetary requirements of the Oshkosh
Fire Department.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-274 Approve Amended Special Event - Jambalaya Arts, Inc. to Utilize the Alley Area
behind 401-419, N. Main St. for the Alley Art Market series, May 31 & August 17, 2024.
A t t a chment sAttachments
Res 24-274
Alley Art Market Amended attachment
05/28/2024 24-724 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE AMENDED SPECIAL EVENT - JAMBALAYA ARTS INC TO UTILIZE THE ALLEY AREA BEHIND
401-419 N MAIN ST FOR THE ALLEY ART MARKET SERIES, MAY 31 & AUGUST 17, 2024
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the Common Council of the City of Oshkosh previously approved a Special Event Permit from
Jambalaya Arts Inc. (Amie Brownfield) to utilize the alley area behind 401-419 N Main St. for the Alley Art
Market series May 23, June 8, July 13, August 10 September 14 & October 12, 2024; and
WHEREAS, Jambalaya Arts Inc. has amended their special event application to add Friday, May 31 and
Saturday, August 17, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Jambalaya Arts Inc. (Amie Brownfield) to utilize the alley area behind 401-419 N. Main St. for the Alley Art
Market series on May 23, May 31, June 8, July 13, August 10, August 17, September 14, and October 12,
2024, from 7:00 a.m. to 10:00 p.m. in accordance with them 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.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-275 Approve Special Event - Oshkosh Farmers Market, Inc to Utilize 400 & 500 Blocks of
Main Street & 100 Block of Church Avenue for the Oshkosh Farmers Market - Downtown, June
1--October 26, 2024 (Saturdays)
A t t a chment sAttachments
Res 24-275
Farmers Market Attachment (1)
Farmers Market Attachment (2)
05/28/2024 24-275 RESOLUTION
CARRIED 6-0
PURPOSE: Approve Special Event - Oshkosh Farmers Market, Inc to Utilize 400 & 500 Blocks of Main Street & 100
Block of Church Avenue for the Oshkosh Farmers Market - Downtown, June 1–October 26, 2024 (Saturdays)
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Oshkosh Saturday Farmers Market, Inc. (Michelle Schmid-Schultz) to utilize the 400 & 500 blocks of Main Street
& 100 block of Church Avenue, Saturdays, starting June 1 through October 26, 2024, from 5:00 a.m. to 2:00
p.m. (actual event time from 8:00 a.m. – 12:30 p.m.) for the Oshkosh Saturday Farmer’s Market, in
accordance with the municipal code and the attached application, with the following
exceptions/conditions:
A.
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
Police Department
Staffing $893.64 (preliminary estimate includes 2 dedicated CSO hrs./week)
Equipment / Vehicle Use $437.58 (preliminary estimate includes dedicated use of a police vehicle one
hr./week)
Electrical Division
Electrical use $200.00 (preliminary estimate is based on kilowatts used in 2023)
Fire Department
Inspection $150.00 (preliminary estimate to include 2 hrs. for fire inspections)
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-276 Approve Special Event - Peace Lutheran Church to Utilize South Park for the Park
Dance, July 12, 2024
A t t a chment sAttachments
Res 24-276
Park Dance Attachment
05/28/2024 24-276 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - PEACE LUTHERAN CHURCH TO UTILIZE SOUTH PARK FOR THE PARK DANCE,
JULY 12, 2024
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Peace Lutheran Church (Heather Miller) to utilize South Park (Shelter 1) on Friday, July 12, 2024 from 9:00 a.m.
to 11:00 p.m. (event time 5:00 p.m. to 10:00 p.m.) for the Park Dance 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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-277 Approve Special Event - Kasey Morgan to Hold the Deerfest LLC at Sunnyview
Exposition Center, July 19, 20 & 21, 2024
A t t a chment sAttachments
Res 24-277
Deerfest Attachment
05/28/2024 24-277 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - KASEY MORGAN TO HOLD THE DEERFEST LLC AT SUNNYVIEW EXPOSITION
CENTER, JULY 19, 20 & 21, 2024
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Kasey Morgan to hold Deerfest LLC at Sunnyview Exposition Center Friday, July 19 through Sunday, July 21,
2024, from 8:00 a.m. to 10:00 p.m. (actual event times include Friday from 2 p.m. to 7 p.m.; Saturday, 10 a.m.
to 8 p.m. and Sunday, 9 a.m. to 3 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.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-278 Approve Special Event - Wisconsin Football Coaches Association to Hold the All Star
Football Games at JJ Keller Field at Titan Stadium, July 19 & 20, 2024
A t t a chment sAttachments
Res 24-278
WVCA All Star Games Attachment
05/28/2024 24-278 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - WISCONSIN FOOTBALL COACHES ASSOCIATION TO HOLD THE ALL STAR
FOOTBALL GAMES AT JJ KELLER FIELD AT TITAN STADIUM, JULY 19 & 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
Wisconsin Football Coaches Association (Jerry Hannack) to hold the All Star Football Games on Friday, July
19 from 6:00 p.m. to 8:30 p.m. & Saturday, July 20, 2024 from 12:00 p.m. to 8:30 p.m. at JJ Keller Field at Titan
Stadium 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 $2,125.24 (preliminary estimate includes 13 dedicated hrs. Paramedic services)
Equipment / Vehicle $628.16 (preliminary estimate includes 13 dedicated hrs. onsite 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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-279 Approve Special Event - Oshkosh Elks Lodge #292 to Utilize Rainbow Memorial Park
for the 34th Annual Oshkosh Elks Sheepshead Fishing Tournament, July 20, 2024
A t t a chment sAttachments
Res 24-279
Elks Sheepshead Tournament Attachment (1)
Elks Sheepshead Tournament Attachment (2)
05/28/2024 24-279 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH ELKS LODGE #292 TO UTILIZE RAINBOW MEMORIAL PARK FOR
THE 34TH ANNUAL OSHKOSH ELKS SHEEPSHEAD FISHING TOURNAMENT, 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 Elks Lodge #292 (Jason Ellis) to utilize Rainbow Memorial Park on Saturday, July 20, 2024 from 5:00
a.m. to 7:00 p.m. (actual event time 7:00 a.m. to 5:00 p.m.) for the 34rd Annual Oshkosh Elks Sheepshead
Fishing Tournament 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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-280 Approve Special Event - Kingsbury Inc to Utilize Menominee Park near Kiwanis
Shelter and Cruiser Docks for Their Summer Picnic & Fisheree, August 24, 2024
A t t a chment sAttachments
Res 24-280
Kingsbury Picnic & Fisheree Attachment
05/28/2024 24-280 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - KINGSBURY INC TO UTILIZE MENOMINEE PARK NEAR KIWANIS SHELTER AND
CRUISER DOCKS FOR THEIR SUMMER PICNIC & FISHEREE, 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
Kingsbury Inc. (Calie Zotti) to utilize Menominee Park on Saturday, August 24, 2024, from 11:00 a.m. to 3:00
p.m. for their Summer Picnic & Fisheree 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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-281 Approve Special Event - JJetpack Creative to Utilize the Leach Amphitheater for
the Valley Vinyl Music Festival, September 28, 2024
B A C KGRO UN DBACKGROUND
On March 9, 2010, the Common Council adopted a Special Events, Marches, and Public Assemblies
Ordinance (currently Municipal Code Chapter 5, Article I, Section 5-18), which requires applicants to
provide information about events planned within the City that will use city services or city properties and
allows the city staff to review and recommend approval or denial to the Common Council of Special
Event Permits. Prior to any approval of a Special Event Permit, the Special Events Coordinator, Police and
Fire Departments, along with all other departments potentially affected by the proposed Special Event,
review the application, work with the applicant to address any identified issues, and estimate the costs
reasonably expected to be incurred by the City for providing Extraordinary Services at or for the Special
Event. The ordinance provides for either prepayment of part or all of the estimated costs or billing after an
event.
A N A L Y SI SANALYSIS
The City recently received an application submitted by Johnathon Jungwirth of JJetpack Creative
requesting to host the Valley Vinyl Music Festival at the Leach Amphitheater on Saturday, September 28,
2024. The event would include: music; food and beverage sales; and non-food related sales. Mr.
Jungwirth expects attendance to be 7,500 attendees. Based on the attendance size and diverse group
of artists (including famed Chief Keef, an American rapper, singer, songwriter, and record producer), the
Oshkosh Police and Fire Departments have provided their respective findings as to an estimate of the
costs reasonably expected to be incurred by the City for providing Extraordinary Services at this event.
FI SC A L I M P A CTFISCAL I M P A C T
The estimated cost of Extraordinary Services for this event is $9,274.74. In this case, because this is a new
event operator and because of the higher level of expense associated with this event, staff is requesting
a $5,000 cash down payment on or before August 31, 2024, which has been included as a condition of
approval in the resolution.
REC O M M E N D A TI ONRECOMMENDATION
Mr. Jungwirth has been up front with and acknowledges the potential liability of this type of concert, and
continues to work with the Oshkosh Police and Fire departments on plans to identify and mitigate any
potential risks to attendees and/or the community at large. For these reasons, the City staff will be
recommending approval of the Special Event Permit for the Valley Vinyl Music Festival.
A t t a chment sAttachments
Res 24-281
Valley Vinyl Music Festival Attachment
Valley Vinyl Music Festival Attachment (2)
05/28/2024 24-281 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - JJETPACK CREATIVE TO UTILIZE THE LEACH AMPHITHEATER FOR THE VALLEY
VINYL MUSIC FESTIVAL, SEPTEMBER 28, 2024
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted
to JJetpack Creative (Johnathon Jungwirth) to utilize the Leach Amphitheater September 28, 2024, from
5:00 p.m. to 11:00 p.m. for the Valley Vinyl Music Festival, in accordance with the municipal code and the
attached application, with the following exceptions/conditions:
$5,000 cash down payment received on/or before August 31, 2024 for approximately 50% estimated
extraordinary service fees
A.
B.
C.
BE IT FURTHER RESOLVED 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 $7,686.24 (preliminary estimate includes dedicated staff hours for 2 CSO's for 2 hrs., 12 officers for 7
hrs., and 8 Supervisor hrs.)
Fire Department
Staffing $1,226.10 (preliminary estimate includes dedicated paramedic crew for 7.5 hrs)
Equipment/Vehicle $362.40 (preliminary estimate includes dedicated ambulance for 7.5 hrs.)
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-282 Approve Special Class "B" License - Kaukauna Archer Club
A t t a chment sAttachments
Res 24-282
05/28/2024 24-282 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL CLASS "B" LICENSE
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews required by city ordinance have been completed; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions
imposed by State Statute for issuance of such license:
SPECIAL CLASS "B" LICENSE
ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, AND PERSON IN CHARGE:
Kaukauna Archer Club
Event Name: DeerFest
July 19, 2024 from 2:00pm to 7:00pm
July 20, 2024 from 10:00am to 8:00pm
July 21, 2024 from 10:00am to 3:00pm
Location: Sunnyview Expo Center - 500 E County Rd Y, Oshkosh, WI 54901
Person in Charge: Valerie Morgan
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-283 Approve Combination "Class B" Beer/Liquor License Surrender and Approve
Issuance of Combination "Class B" Beer/Liquor License - Parnell's (2932 Fond du Lac Rd)
A t t a chment sAttachments
Res 24-283
Parnell's Surrender and Application
05/28/2024 24-283 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE COMBINATION "CLASS B" BEER/LIQUOR LICENSE SURRENDER AND APPROVE ISSUANCE OF
COMBINATION "CLASS B" BEER/LIQUOR LICENSE
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews and inspections required by city ordinance have been completed; and
WHEREAS, the Chief of Police, or their respective designees, have conducted the necessary investigation
of the following licenses as noted in their report to the City Clerk; and
WHEREAS, any licensee whose license is granted subject to conditions has been notified of those
conditions and has had the opportunity to appear before the Council and be heard in relation to any of
those conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or
their respective designees, or by a representative of the Winnebago County Health Department; subject to
the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal
Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such
license:
COMBINATION "CLASS B" BEER/LIQUOR LICENSE SURRENDER
CURRENT LICENSE HOLDER:
Parnell's Place (Parnells Place Inc).................2932 Fond du Lac Road
NEW APPLICANT/SURRENDERED TO:
Parnell's (Singham LLC)................................2932 Fond du Lac Road
COMBINATION "CLASS B" BEER/LIQUOR LICENSE
(MAY 28, 2024 - JUNE 30, 2024)
NAME, ADDRESS, AND LOCATION OF PREMISES:
Parnell's (Singham LLC)...........................2932 Fond du Lac Road
Agent: Harsh Singh, 611 Franklin Street, Oshkosh, WI 54901
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-284 Approve Agent Change - Kwik Trip
A t t a chment sAttachments
Res 24-284
05/28/2024 24-284 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION "CLASS A" BEER/LIQUOR LICENSE
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews and inspections required by city ordinance have been completed; and
WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the
Winnebago County Health Department have recommended that the following licenses be granted or
conditionally granted as noted in their report to the City Clerk; and
WHEREAS, any licensee whose license is granted subject to conditions has been notified of those
conditions and has had the opportunity to appear before the Council and be heard in relation to any of
those conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or
their respective designees, or by a representative of the Winnebago County Health Department; subject to
the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal
Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such
license:
AGENT CHANGE COMBINATION "CLASS A" BEER/LIQUOR LICENSE
(May 28, 2024 - June 30, 2024)
Kwik Trip 881 (Kwik Trip, Inc)
1725 W 9th Ave, Oshkosh, WI 54902
Agent: Johannes Schlaver
TO :T O :Members of the Common Council
FRO M :FRO M :Matt Mugerauer, Mayor
D A TE :D A T E :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-285 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 oa r d of Re vie wBoard of Re vie w
Appoint Devin Heinz to Alternate 1, effective May 29, 2024, and term expiring April 30, 2025
D ive r s it y, Eq uit y a nd I nclus ion (D E I ) Commit t eeDiversity, Eq uit y a nd I nclus io n (D E I ) C om mit t ee
Appoint Brooke Berrens to Seat 2, effective June 1, 2024, and term expiring May 31, 2025
Appoint Mariana Kenowski to Seat 4 (from Alternate 2), effective June 1, 2024, and term
expiring May 31, 2027
Appoint Amanda Kramp to Alternate 2, effective June 1, 2024, and term expiring May 31, 2026
O s hk os h H ous ing A ut hor it yOshkosh H ous ing A ut ho r it y
Appoint Kari Straus to Seat 2, effective June 1, 2024, and term expiring May 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
Appoint Alyssa Reinke to Seat 4 (from Alternate 1), effective May 29, 2024, and term expiring
May 31, 2025
A t t a chment sAttachments
Res 24-285
Board of Review_Heinz Devin
DEI_Berrens Brooke
DEI_Kramp Amanda
Housing Authority_Straus Kari
5/28/2024 24-285 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS:
BOARD OF REVIEW
DIVERSITY, EQUITY, AND INCLUSION (DEI) COMMITTEE
OSHKOSH HOUSING AUTHORITY
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:
Board of Review
Appoint Devin Heinz to Alternate 1, effective May 29, 2024, and term expiring April 30, 2025
Diversity, Equity and Inclusion (DEI) Committee
Appoint Brooke Berrens to Seat 2, effective June 1, 2024, and term expiring May 31, 2025
Appoint Mariana Kenowski to Seat 4 (from Alternate 2), effective June 1, 2024, and term expiring
May 31, 2027
Appoint Amanda Kramp to Alternate 2, effective June 1, 2024, and term expiring May 31, 2026
Oshkosh Housing Authority
Kari Straus, appointed to Seat 2, effective June 1, 2024, term expiring May 31, 2029
Sustainability Advisory Board
Appoint Alyssa Reinke to Seat 4 (from Alternate 1), effective May 29, 2024, and term expiring May
31, 2025
1
Zuercher, Kami
From:City of Oshkosh Board/Commission Background Questionnaire
<DoNotReply@oshkoshwi.gov>
Sent:Tuesday, April 30, 2024 8:42 PM
To:Zuercher, Kami
Subject:City of Oshkosh Board/Commission Background Questionnaire
City of Oshkosh Board/Commission Background Questionnaire
Date:4/30/2024 8:41:58 PM
Board/Commission (1)-Oshkosh Housing Authority. (2)-Plan Commission. (3)-BID
Board. (4)-Board of Zoning Appeals. (5)-Board of Review
Name (Last, First, Middle)
Address
City State Zip
Devin Heinz
208 Osceola St. #470
Oshkosh, Wisconsin 54901
Employer
Occupation:
University of Wisconsin Oshkosh
Full-time student and Summer Conference Assistant
18 Years of Age or Older Yes
Home Phone (920) 420-9566
Business Phone (920) 420-9566
Email Address Heinzd96@uwosh.edu
Cell Phone (920) 420-9566
Currently reside/live within the Oshkosh City
Limits? Yes
Number of Years: 8
Education:
Oshkosh North High School 2017 University of Wisconsin
Oshkosh December 2024 Major: Political Science Minors: Law &
Policy and Civic Engagement
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:
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?
During my time at UW Oshkosh, I have been in several
leadership roles that I believe have prepared me to effectively
serve on two of the committees I have applied for. My two
years in student government has given me experience in
representing ~9,000 students. My greatest accomplishment in
this position was rebooting the Titan Discount Program which
partners with businesses both big and small to alleviate some of
the peripheral costs of attending UW Oshkosh. One year
removed from my time in student government, I was proud to
hear that new student leaders are putting in the work to
maintain and amplify this program. While it is true that over
seven times as many people live in Oshkosh than attend UWO, I
believe my passion will more than make up for it as I will be
using that energy to dedicate my time to one or two areas of
importance in my community.
If selected, how would you work towards
bettering the community through service on the
Board/Commission?
Oshkosh Housing Administration: As a student receiving Pell
grants, I know as well as anyone the challenges individuals
suffering from housing insecurity face. At the moment, I am
living in Gruenhagen Conference Center due to it being one of
the only places where I can affordably live while attending
UWO. While I have been on the waitlist for public housing, my
uncle has been lucky enough to receive support from the
Oshkosh Housing Authority owing to a severe mental disability
leaving him unable to work. It is my intention to better my
community by bringing my unique perspective that allows me to
speak for UWO students, as well as the people the board
dedicates it's time to serving. In many ways, I can bring this
perspective to the BID Board as it's important for all voices to be
heard when synergizing the actions of the private and public
sector. My experiences will also better the recommendations
brought by the Plan Commission, as there must be a concerted
emphasis on retaining UWO students' skills after graduation.
Potentially correlated with this, I believe Oshkosh needs more
voices to advocate for developments geared towards those that
abstain from alcohol. Either through the BID Board for
downtown Oshkosh or elsewhere through the Plan Commission,
it is my intention to advocate for the sober citizens of Oshkosh. I
wouldn't do this by seeking to diminish the small businesses we
already have, but by advocating for what I believe is an
underrepresented community in Oshkosh. Given the nature of
the Board of Review (property assessment appeals) and Zoning
Appeals, I will better my community by taking my experience
reading through cases for my introductory law courses to
effectively identify the facts of each appeal. I will then seek to
determine each appeal's validity based on the text in Wisconsin
Statutes 70.45 and 70.47. Regardless of the board(s) or
commission(s) I would be appointed to, I will bring a work ethic
that is committed to bettering my community for the next three
years.
1
Zuercher, Kami
From:City of Oshkosh Board/Commission Background Questionnaire
<DoNotReply@oshkoshwi.gov>
Sent:Tuesday, May 21, 2024 12:39 PM
To:Zuercher, Kami
Subject:City of Oshkosh Board/Commission Background Questionnaire
City of Oshkosh Board/Commission Background Questionnaire
Date:5/21/2024 12:39:26 PM
Board/Commission DEI
Name (Last, First, Middle)
Address
City State Zip
Brooke Berrens
1020 Vine Ave #103
Oshkosh, WI 54901
Employer
Occupation:
18 Years of Age or Older Yes
Home Phone 920-470-0860
Business Phone 920-470-0860
Email Address
Cell Phone
Currently reside/live within the Oshkosh City
Limits? Yes
Number of Years: 12
Education:
Bachelor of Science- Women's and Gender Studies; studio art,
music minors Master of Science- Educational Leadership and
Policy Leadership for Social Justice graduate certificate (All
through UW Oshkosh)
Do you have any relatives in the service of any
department of the City of Oshkosh? (Yes/No): Yes
List name, department and relationship: NA
List any potential conflicts of interest: NA
List City boards, commissions or committees on which you have served: Years:
Transit Advisory Board 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?
During my time at UWO (undergrad and grad school), I have
been on many student organizations and studies around gender
equity, Title IX, social justice, equity, and belonging. I was
President and Vice President of Social Justice Club, Graduate
Assistant for Title IX office, Bystander Intervention trainer. I
volunteered with Christine Ann Domestic Abuse Services, Inc in
the children's program along with assisting the Hope Fridge
board. My recent professional position was being a
paraprofessional in special education through Read Elementary
school after working/advocating within the Sustainability
Institute and Sustainability Office to advance awareness,
advocacy, and justice of varying identities through
programming, workshops, and speakers. With all of these
experiences, I have changed so much as an individual not just
my identities, but core values around these topics. EVERYONE
deserves to be seen, heard, celebrated, and supported.
If selected, how would you work towards
bettering the community through service on the
Board/Commission?
I am dedicated to supporting and advocating for others. I
believe that in moving forward with DEI there is justice and
helping foster a sense of belonging for all in the City of Oshkosh.
It is important to know when to advocate for others when not in
the room, and amplifying the voices of those individuals and
communities that are historically and intentionally silenced.
1
Zuercher, Kami
From:City of Oshkosh Board/Commission Background Questionnaire
<DoNotReply@oshkoshwi.gov>
Sent:Wednesday, May 15, 2024 7:40 AM
To:Zuercher, Kami
Subject:City of Oshkosh Board/Commission Background Questionnaire
City of Oshkosh Board/Commission Background Questionnaire
Date:5/15/2024 7:40:04 AM
Board/Commission Diversity equity and inclusion
Name (Last, First, Middle)
Address
City State Zip
Amanda Kramp
808 West New York Avenue
Oshkosh Wisconsin 54901
Employer
Occupation:
Stay at home mom
18 Years of Age or Older Yes
Home Phone (608) 217-5479
Business Phone (608) 217-5479
Email Address amandapkramp@gmail.com
Cell Phone
Currently reside/live within the Oshkosh City
Limits? Yes
Number of Years: 6
Education: BA in anthropology from University of Iowa (2007) Master’s in
Library and Information Science from UW—Madison (2010)
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:
What previous education, experience, training, or
other special qualification from your background
I am a queer woman who has been involved with social justice
for more than 20 years. I am a lay worship leader at Fox Valley
2
do you feel qualifies you for the position(s) you
are interested in?
Unitarian Universalist Fellowship in Appleton, and do social
justice work through my connections there. I believe the city of
Oshkosh needs more people who are members of marginalized
communities to serve on its committees.
If selected, how would you work towards
bettering the community through service on the
Board/Commission?
I would advocate for better representation of marginalized
people in our city and work to make Oshkosh a more inclusive,
popular place to live and work.
1
Zuercher, Kami
From:City of Oshkosh Board/Commission Background Questionnaire
<DoNotReply@oshkoshwi.gov>
Sent:Thursday, May 2, 2024 12:23 PM
To:Zuercher, Kami
Subject:City of Oshkosh Board/Commission Background Questionnaire
City of Oshkosh Board/Commission Background Questionnaire
Date:5/2/2024 12:23:12 PM
Board/Commission Oshkosh Housing Authority Board
Name (Last, First, Middle)
Address
City State Zip
Kari Lynn Straus
100 Court St. Apt.#1104
Oshkosh, Wi 54901
Employer
Occupation:
Disabled
18 Years of Age or Older Yes
Home Phone (920)216-2644
Business Phone (920)216-2644
Email Address kstraus23@hotmail.com
Cell Phone (920)216-2644
Currently reside/live within the Oshkosh City
Limits? Yes
Number of Years: 42
Education: Some college
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:
Transit Advisory Board 1
What previous education, experience, training, or
other special qualification from your background
Transit Advisory Board, Lead volunteer at Oshkosh Area
Community Pantry, Community volunteer at Day by Day shelter,
2
do you feel qualifies you for the position(s) you
are interested in?
Community volunteer at Edenbrook, volunteer serving lunches
outside the library on Saturdays.
If selected, how would you work towards
bettering the community through service on the
Board/Commission?
I would bring honest feedback to the board based on what is
best for the residents, based on what residents tell me and
firsthand experience.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Ord 24-286 Adoption of an Amendment to Chapter 3: Housing of the City of Oshkosh
Comprehensive Plan 2040 (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
In 2023, the Wisconsin State legislature passed Act 15 & Act 18, as part of the Bipartisan Housing
Legislation Package. The goal of the Bipartisan Housing Legislation Package was to help expand access
to safe, affordable housing for working families. This led to two new Wisconsin Housing and Economic
Development Authority (WHEDA) programs: Vacancy to Vitality Loan and Restore Main Street Loan. In
order for developers to qualify for the programs, the legislation required that a Municipality has updated
the Housing element of its comprehensive plan within five years. The City of Oshkosh Comprehensive Plan,
including the Housing element, was adopted in October 2018 (5 1/2 years ago), so we need to update
our Housing element to be compliant with this new legislation. The draft plan amendment was prepared
by the East Central Wisconsin Regional Planning Commission in consultation with city staff.
A N A L Y SI SANALYSIS
The City is now just outside the five-year window requirement for developers to be eligible for the WHEDA
programs. As part of our ongoing effort to support housing throughout the City, staff is proposing an
amendment to Chapter 3: Housing of the 2040 Comprehensive Plan. With the help of East Central
Wisconsin Regional Planning Commission, staff has prepared an amendment the Housing element. The
proposed amendment is not a full rewrite of the Housing element but rather a review and refresh of the
Goals, Objectives, and Statistics found within the section. A minor update was chosen as the City
adopted A Place in Oshkosh, A Housing Needs Assessment and Strategy Plan in 2022, which has largely
guided the City's housing initiatives. The City of Oshkosh will need to do a complete update to the City's
full Comprehensive Plan by 2028, with the process likely beginning in 2026.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends approval of the attached ordinance amending the current Housing element of the
City of Oshkosh Comprehensive Plan Update 2040.
A t t a chment sAttachments
Ord 24-286
Comprehensive Plan Update_Housing
5/28/2024 24-286 ORDINANCE
SECOND READING
5/14/2024 24-239 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: ADOPT AN AMENDMENT TO CHAPTER 3: HOUSING OF THE CITY OF OSHKOSH COMPREHENSIVE PLAN
2040
INITIATED BY : DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
AN ORDINANCE TO ADOPT AN AMENDMENT TO CHAPTER 3: HOUSING OF THE CITY OF OSHKOSH
COMPREHENSIVE PLAN 2040
WHEREAS, Pursuant to section 62.23 (2) and (3) of the Wisconsin Statutes, the City of Oshkosh is authorized
to prepare and adopt a comprehensive plan or update as defined in sections 66.1001(1)(a) and 66.1001(2)
of the Wisconsin Statutes; and
WHEREAS, According to the general purposes set forth in section 66.1001 of the Wisconsin Statutes, the
Common Council adopted said Comprehensive Plan for the City of Oshkosh, Wisconsin in October 2018; and
WHEREAS, section 66.1001, of the Wisconsin Statutes provides that a comprehensive plan shall be updated
no less than once every 10 years; and
WHEREAS, the City proposes an amendment to the existing Chapter 3: Housing of the Comprehensive Plan,
titled the City of Oshkosh Comprehensive Plan 2040; and
WHEREAS, the City has duly noticed and held a public hearing on the plan, following the procedures in
Section 66.1001(4)(d) of the Wisconsin Statutes.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. The Common Council of the City of Oshkosh, Wisconsin, hereby approves the amendment to
Chapter 3: Housing of the City of Oshkosh Comprehensive Plan Update 2040.
SECTION 2. This Ordinance shall take effect upon passage by a majority vote of the members-elect of the
Common Council and publication as required by law.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-286
ADOPT AN AMENDMENT TO CHAPTER 3: HOUSING OF THE CITY OF OSHKOSH COMPREHENSIVE PLAN 2040 (AN
ORDINANCE TO ADOPT AN AMENDMENT TO CHAPTER 3: HOUSING OF THE CITY OF OSHKOSH COMPREHENSIVE
PLAN 2040) on May 28, 2024. This ordinance adopts an amendment to Chapter 3 of the City of Oshkosh
Comprehensive Plan 2040 pertaining to Housing. The update reflects the adoption of the City's Housing
Needs Assessment and Strategy Plan in 2022 and updates and clarifies goals, objectives and statistics within
the Housing portion of the Comprehensive Plan.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.oshkoshwi.gov. Clerk’s phone: 920/236-5011.
ITEM: PUBLIC HEARING AND APPROVAL OF A RESOLUTION
RECOMMENDING ADOPTION OF AN AMENDMENT TO
CHAPTER 3: HOUSING OF THE CITY OF OSHKOSH
COMPREHENSIVE PLAN 2040
Plan Commission Meeting of May 7, 2024.
GENERAL INFORMATION
Applicant: City of Oshkosh Department of Community Development
Actions Requested:
The City is requesting an amendment to Chapter 3: Housing of the City of Oshkosh
Comprehensive Plan 2040.
Background Information:
In 2023 the Wisconsin State legislature passed Act 15 & Act 18, as part of the Bipartisan
Housing Legislation Package. The goal of the Bipartisan Housing Legislation Package
was to help expand access to safe, affordable housing for working families. This led to
two new Wisconsin Housing and Economic Development Authority (WHEDA)
programs called, Vacancy to Vitality Loan and Restore Main Street Loan. In order for
developers to qualify for the programs, the legislation required, a Municipality has
updated the Housing element of its comprehensive plan within five years. The City of
Oshkosh Comprehensive Plan, including the Housing element, was adopted in October
2018.
Staff is requesting approval of a resolution recommending adoption by the Common
Council of an amendment to its current Housing element of the City of Oshkosh
Comprehensive Plan Update 2040. The draft plan amendment was prepared by the
East Central Wisconsin Regional Planning Commission in consultation with city staff.
ANALYSIS
The City is now just outside the five-year window requirement for developers to be
eligible for the WHEDA programs. As part of our ongoing effort to support housing
throughout the City, staff is proposing an amendment to Chapter 3: Housing of the 2040
Comprehensive Plan. With the help of East Central Wisconsin Regional Planning
Commission, staff has prepared an amendment the Housing element. The proposed
amendment is not a full rewrite of the Housing element but rather a review and refresh
of the Goals, Objectives, and Statistics found within the section. A minor update was
chosen as the City adopted A Place in Oshkosh, A Housing Needs Assessment and Strategy
Plan in 2022 which has largely guided the City’s housing initiatives. The City of
Oshkosh will need to do a complete update to the City’s full Comprehensive Plan by
2028 with the process likely beginning in 2026.
RECOMMENDATION
Staff recommends that the Plan Commission approve the resolution recommending the
Common Council adopt the amendment to Chapter 3: Housing of the City of Oshkosh
Comprehensive Plan 2040.
Plan Commission recommends approval of a resolution recommending adoption of an
amendment to Chapter 3: Housing of the City of Oshkosh Comprehensive Plan 2040 on
May 7, 2024. The following is Plan Commission’s discussion on the item.
Staff report accepted as part of the record.
The City is requesting an amendment to Chapter 3: Housing of the City of Oshkosh
Comprehensive Plan 2040.
Mr. Lyons stated in 2023, as part of the Bipartisan Housing Legislation Package that was passed
for the state, there were two acts (15 & 18) that enabled a number of programs for Wisconsin
Housing and Economic Development Authority (WHEDA) to operate for housing throughout
Wisconsin. The programs are called, Vacancy to Vitality Loan, Restore Main Street Loan, and Public
Infrastructure Loan. In order for developers to qualify for the programs, the legislation required,
a Municipality has updated the Housing element of its comprehensive plan within five years.
The City of Oshkosh Comprehensive Plan, including the Housing element, was adopted in
October 2018.
The City is now just outside the five-year window requirement for developers to be eligible for
the WHEDA programs. As part of our ongoing effort to support housing throughout the City,
staff is proposing an amendment to Chapter 3: Housing of the 2040 Comprehensive Plan. With
the help of East Central Wisconsin Regional Planning Commission, staff has prepared an
update the Housing element. We looked at a lot of geographic, demographic, and statistical
information and updated it. Also refreshed the goals, objectives, and actions. The end goal is to
get ourselves back into compliance so developers are able to apply for the WHEDA programs.
A minor update was chosen, instead of a full rewrite, because the City of Oshkosh will need to
do a complete update to their full Comprehensive Plan by 2028, with the process likely
beginning in 2026.
Staff recommends that the Plan Commission approve the resolution recommending the
Common Council adopt the amendment to Chapter 3: Housing of the City of Oshkosh
Comprehensive Plan 2040.
Mr. Perry opened up technical questions to staff.
Ms. Scheuermann and Mr. Loewenstein questioned what was updated.
Mr. Lyons stated the whole housing section was updated with new data, goals, and objectives.
There is some new information in there about the housing study, and the Day by Day Shelter
for the homeless.
Mr. Perry opened the public hearing and asked if other members of the public wished to speak.
Colan Treml, Economic Director of the Oshkosh Chamber at 120 Jackson Street in Oshkosh,
made himself available for questions. We are very much in favor of this. Throughout the past
six to eight months, I have had over a handful of developers and property owners reach out to
me asking about these funds, and these different programs. I have had to tell them sorry; we
are in the works of getting the finer details worked out to qualify for the regulations and things
like that. It is a great source of funding from the State of Wisconsin, and absolutely should be
used in Oshkosh. On Main Street we have a lot of different developers and real estate owners
who are wanting to use the funds.
Mr. Perry closed the public hearing, and asked if the applicant wanted to make a final
statement.
Mr. Lyons stated he is hopeful for your support to get this through Council so people can
qualify for these programs.
Motion by Coulibaly to move to approve the resolution and recommendation as stated in the staff
report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 8-0.
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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 :May 28, 2024
SUB JEC T:SUB JEC T :Ord 24-287 Approve Request to Attach to the City from the Town of Algoma / Rural II
Voluntary Attachment
B A C KGRO UN DBACKGROUND
This is a voluntary attachment of approximately 60.376 acres of vacant City-owned land located on the
west side of Clairville Road, ¼ mile south of W. 20th Avenue in the Town of Algoma. The purpose of the
attachment is to allow the City of Oshkosh to construct a regional detention basin servicing the Sawyer
Creek Watershed. The attachment consists of portions of three properties; parcel 00203790408, currently
zoned Light Agricultural Extraterritorial District (A-1 ETZ); parcel 00203810000, currently zoned General
Agricultural Extraterritorial District (A-2 ETZ); and parcel 00203790407 with a Single Family Residence
Extraterritorial District (R-1 ETZ).
A N A L Y SI SANALYSIS
The property is proposed to be attached with a zoning classification of Institutional Zoning District, which is
harmonious with the Comprehensive Plan's Light Density Residential recommendation for the area.
Surrounding uses are primarily agricultural with associated single-family farmsteads and agricultural
accessory buildings. City facilities (sanitary sewer and water main) are readily available; however, the
proposed basin does not require connections to this infrastructure. The proposed basin will provide
downstream relief to properties located within the Sawyer Creek Watershed during heavy rain events.
FI SC A L I M P A CTFISCAL I M P A C T
There will be zero assessed value added to the City as the property is owned by the City of Oshkosh.
Funds were included in the 2023 Capital Improvement Plan for construction of the detention basin.
REC O M M E N D A TI ONRECOMMENDATION
It appears that the Rural II Basin Attachment is in the best interest of the City and recommend approval
as requested.
A t t a chment sAttachments
Ord 24-287
Rural II Attachment
5/28/2024 24-287 ORDINANCE
SECOND READING
5/14/2024 24-266 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF ALGOMA / RURAL II ATTACHMENT; WEST
2700-2800 BLOCKS OF CLAIRVILLE ROAD
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH
AND SPECIFICALLY TO THE 13TH WARD OF SAID CITY.
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s.
66.0307, Wis. Stats., and approved by the Wisconsin Department of Administration, that identifies areas within
the Town of Algoma as expansion areas to attach to the City of Oshkosh; and
WHEREAS, a voluntary attachment petition duly circulated has heretofore been signed by the owners of all
the real property within such territory to be attached to the City of Oshkosh from the Town of Algoma; and
WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the
Town of Algoma to the City of Oshkosh; and
WHEREAS, the property owner has requested temporary and permanent zoning of Institutional District (I);
and
WHEREAS, the Town Clerk for the Town of Algoma has been provided with written notice regarding the
attachment in the time period specified by the approved Cooperative Plan; and
WHEREAS, the Town of Algoma has not filed an objection to the attachment with the City.
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 filed voluntary attachment petition is
hereby attached to and made part of the City of Oshkosh, a municipal corporation located in Winnebago
County, more specifically to the 13th Ward of said City and subject to Wisconsin Statutes and the
amendments thereto:
Part of the South 1/2 of the Northeast 1/4 of Section 31, Township 18 North Range 16 East, Town of
Algoma, Winnebago County, Wisconsin, more fully described as follows:
Beginning at the East Quarter Corner of said Section 31; Thence, North 89° 06' 11" West, 33.00 feet to
the westerly right of way of Clairville Road; Thence, North 00° 32' 02" East, 1236.69 feet along said right of
way; Thence, North 89° 11' 07" West, 633.31 feet; Thence, South 00° 22' 49" West, 1235.81 feet to the
South line of the Northeast 1/4 of said Section 31; Thence, North 89° 06' 11" West, 1996.09 feet along said
South line to the Southwest corner of the Southwest 1/4 of the Northeast 1/4; Thence, North 00° 13' 21"
East, 858.68 feet along the west line of the Southwest 1/4 of the Northeast 1/4 of said Section 31 to the
centerline of Sawyer Creek; Thence, North 35° 20' 58" East, 103.11 feet along the centerline of said
Creek; Thence, North 71° 42' 33" East, 111.31 feet along said centerline; Thence, North 53° 55' 36" East,
42.36 feet along said centerline; Thence, North 67° 11' 31" East, 163.33 feet along said centerline;
Thence, North 52° 03' 40" East, 135.74 feet along said centerline; Thence, North 03° 54' 09" East, 47.50
Thence, North 52° 03' 40" East, 135.74 feet along said centerline; Thence, North 03° 54' 09" East, 47.50
feet along said centerline; Thence, North 13° 28' 27" West, 78.24 feet along said centerline; Thence,
North 05° 30' 45" East, 53.70 feet along said centerline to the North line of the Southwest 1/4 of the
Northeast 1/4 of said Section 31; Thence, South 89° 11' 33" East, 2220.76 feet along the North line of the
South 1/2 of the Northeast 1/4 of said Section 31 to the East line of said Section 31 also being the
centerline of Clairville Road; Thence, South 00° 32' 02" West, 1336.74 feet along said East line to the
point of beginning. Containing 2,629,962 square feet or 60.376 acres, more or less.
SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls,
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)(a) and 66.0307(10) of the Wisconsin Statutes and the City Clerk shall give
written notice to the Secretary of State.
SECTION 4. Said property hereinabove described is hereby zoned Institutional District (I).
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after its passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-287
APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF ALGOMA / RURAL II ATTACHMENT; WEST
2700-2800 BLOCKS OF CLAIRVILLE ROAD; on May 28, 2024. This ordinance attaches 60+/- acres of property at
the West 2700 – 2800 Blocks of Clairville Road from the Town of Algoma 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.
RURAL II ATTACHMENT FROM THE TOWN OF ALGOMA
Part of the South 1/2 of the Northeast 1/4 of Section 31, Township 18 North Range 16 East, Town
of Algoma, Winnebago County, Wisconsin, more fully described as follows:
Beginning at the East Quarter Corner of said Section 31; Thence, North 89° 06' 11" West, 33.00
feet to the westerly right of way of Clairville Road; Thence, North 00° 32' 02" East, 1236.69 feet
along said right of way; Thence, North 89° 11' 07" West, 633.31 feet; Thence, South 00° 22' 49"
West, 1235.81 feet to the South line of the Northeast 1/4 of said Section 31; Thence, North 89° 06'
11" West, 1996.09 feet along said South line to the Southwest corner of the Southwest 1/4 of the
Northeast 1/4; Thence, North 00° 13' 21" East, 858.68 feet along the west line of the Southwest
1/4 of the Northeast 1/4 of said Section 31 to the centerline of Sawyer Creek; Thence, North 35°
20' 58" East, 103.11 feet along the centerline of said Creek; Thence, North 71° 42' 33" East, 111.31
feet along said centerline; Thence, North 53° 55' 36" East, 42.36 feet along said centerline;
Thence, North 67° 11' 31" East, 163.33 feet along said centerline; Thence, North 52° 03' 40" East,
135.74 feet along said centerline; Thence, North 03° 54' 09" East, 47.50 feet along said centerline;
Thence, North 13° 28' 27" West, 78.24 feet along said centerline; Thence, North 05° 30' 45" East,
53.70 feet along said centerline to the North line of the Southwest 1/4 of the Northeast 1/4 of said
Section 31; Thence, South 89° 11' 33" East, 2220.76 feet along the North line of the South 1/2 of
the Northeast 1/4 of said Section 31 to the East line of said Section 31 also being the centerline of
Clairville Road; Thence, South 00° 32' 02" West, 1336.74 feet along said East line to the point of
beginning. Containing 2,629,962 square feet or 60.376 acres, more or less.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Diane Bartlett, City Clerk
D A TE :D A T E :May 28, 2024
SUB JEC T:SUB JEC T :*Ord 24-288 Amend Chapter 2 Article II of the City of Oshkosh Municipal Code Pertaining to
Election and Election Officials to Establish a Board of Absentee Ballot Canvassers (Central
Count Location for Absentee Ballots)
B A C KGRO UN DBACKGROUND
The City of Oshkosh has a proud tradition of citizens voting in large numbers. Historically, voter turnout in
the City exceeds the statewide average turnout for elections. More and more citizens are choosing to
vote absentee instead of voting at the polls in person.
Wisconsin law allows for citizens to vote absentee. Wisconsin has "no excuse" absentee voting, which
means a voter may cast an absentee ballot without providing a reason. The City has experienced an
increase in absentee voters and has had success with the new early absentee polling location at 19 E
Irving.
Currently, all absentee ballots are sorted by district/ward, and then delivered to the appropriate polling
locations on election day, at which time poll workers begin to process the absentee ballot. Two poll
workers are required to process every absentee ballot received at the polling place. The poll workers
must check the ballot envelope for defects, open the envelope, sort and organize the ballots, and
announce that they are placing absentee ballots into the tabulator. Poll workers often have to disrupt
voters who vote in person at the polls by creating lines at the check-in table and the tabulator.
The November General Election is expected to be very busy. In the last two presidential elections, the
City has had 8,813 (2016) and 18,035 (2020, during COVID-19 pandemic) absentee voters.
Wisconsin Statutes 7.52 and 7.53(2)(m) allow for the creation of a Board of Absentee Ballot Canvassers.
These individuals are appointed by the City Clerk to serve two-year terms. The Board of Absentee Ballot
Canvassers process all absentee ballots in the City at a central count location (CCL), regardless of ward.
To create a Board of Absentee Ballot Canvassers, the City Council must adopt an ordinance under State
Statutes 7.52 and 7.53(2)(m). The ordinance is required to be created at least 30 days prior to the election
for which it will be implemented.
A N A L Y SI SANALYSIS
Removing absentee ballot processing from polling places to a centralized facility will make voting at the
polling places more efficient for citizens and poll workers. Chief Election Inspectors will no longer need to
dedicate two or more poll workers to process absentee ballots. This will allow those poll workers to be put
into other positions to serve the citizens voting in person at the polling place on Election Day.
Key benefits of establishing a central processing location include:
1. Res our c e O p t imiza t ionResource O p t imiza t ion : Establishing a CCL will provide relief for individual polling locations and their
respective poll workers. Poll workers will be able to focus on managing in-person voting, assisting
voters, and ensuring a smooth election-day experience without the added complexity of handling
and processing absentee ballots.
2. I mp roved E ffic ie ncyImproved E ffic ie ncy : Centralizing the processing of absentee ballots will help expedite the
verification and count process, and reduce delays at polling locations.
3. E nha nc e d Se c urit yEnhanced Se c ur it y : A designated central location will ensure enhanced security measures are in
place to safeguard the integrity of absentee ballots.
It is important to create a Board of Absentee Ballot Canvassers prior to the August Partisan Primary so
that the board can be appointed, trained, and have one election to work before the November
General Election.
Adoption of this Ordinance will allow for the Absentee Board of Canvassers to work the August Partisan
Primary and be better prepared for the November Presidential Election and all future elections in the City
of Oshkosh.
REC O M M E N D A TI ONRECOMMENDATION
The City recommends that the City Council adopt this ordinance creating a Board of Absentee Ballot
Canvassers.
A t t a chment sAttachments
Ord 24-288
Chapter Two Revisions CLEAN
Chapter Two Revisions RED
05/28/2024 24-288 ORDINANCE
FIRST READING
PURPOSE: AMEND CHAPTER 2 ARTICLE II OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ELECTION
AND ELECTION OFFICIALS TO ESTABLISH A BOARD OF ABSENTEE BALLOT CANVASSERS (CENTRAL COUNT FOR
ABSENTEE BALLOTS)
INITIATED BY : CITY CLERK
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 2 ARTICLE II OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO ELECTION AND ELECTION OFFICIALS TO ESTABLISH A BOARD OF ABSENTEE
BALLOT CANVASSERS TO ALLOW FOR THE ESTABLISHMENT OF A SINGLE LOCATION FOR PROCESSING ABSENTEE
BALLOTS FOR CITY ELECTIONS
WHEREAS, state statutes provide that in lieu of canvassing absentee ballots at the polling places, a
municipality may provide for the canvassing of absentee ballots by the Board of Absentee Ballot Canvassers,
which shall canvass all absentee ballots at all elections held in the city at a single location pursuant to
procedures established by the state division governing elections; and
WHEREAS, the City Clerk has recommended that the City of Oshkosh establish a Board of Absentee Ballot
Canvassers.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Chapter 2 Article II of the City of Oshkosh Municipal Code pertaining to Election and
Election Officials is hereby repealed and recreated to read as shown on the attachment to this Ordinance.
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 AMEND CHAPTER 2 ARTICLE II OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO ELECTION AND ELECTION OFFICIALS TO ESTABLISH A BOARD OF ABSENTEE BALLOT
CANVASSERS (CENTRAL COUNT FOR ABSENTEE BALLOTS) (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING CHAPTER 2 ARTICLE II OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ELECTION AND
ELECTION OFFICIALS TO ESTABLISH A BOARD OF ABSENTEE BALLOT CANVASSERS TO ALLOW FOR THE
ESTABLISHMENT OF A SINGLE LOCATION FOR PROCESSING ABSENTEE BALLOTS FOR CITY ELECTIONS) on June 11,
2024. This ordinance will create a Board of Absentee Ballot Canvassers for the purpose of processing all
absentee ballots in city elections at a single location. Pursuant to Wisconsin statutes, meetings of the Board
will be noticed and open to the public for observation of the processing of ballots and the City Clerk will post
a notice listing the number of absentee ballots that were transmitted by the Clerk’s office and the number
that were returned.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.oshkoshwi.gov. Clerk’s phone: 920/236-5011.
City of Oshkosh Municipal Codes
Revised 03/12/2024
City of Oshkosh Chapter 2 – Page 1 Municipal Codes
CHAPTER 2
ADMINISTRATION
ARTICLE II. ELECTION AND ELECTION OFFICIALS
2-1 ADOPTING STATE STATUTES
2-2 ELECTION OFFICIALS
2-3 HOURS FOR VOTING
ARTICLE II. ELECTION AND ELECTION OFFICIALS
SECTION 2-6 ADOPTING STATE STATUTES
Except as otherwise specifically provided, all provisions of Chapters 5-12, of the Wisconsin Statutes, and
all relevant provisions of the Wisconsin Administrative Code adopted pursuant thereto describing and
defining regulations with respect to elections are hereby adopted and by reference made a part of this
Code as if fully set forth herein. It is the intention of this ordinance to include within such references all
provisions in effect at the time of adoption of this section together with any applicable prior revisions
and all future recodifications, renumberings, and amendments unless otherwise expressly provided in
such references. It is the intention of this section that any act required to be performed or prohibited by
Chapter 5-12, of the Wisconsin Statutes, or by the relevant provisions of the Wisconsin Administrative
Code, as previously amended, presently in effect or as may be amended in the future, incorporated
within this section by reference, is an act required to be performed or is an act prohibited by this section.
[Statutory Reference Chapters 5-12, Wis. Stats.]
SECTION 2-7 ELECTION OFFICIALS
(A) ELECTION INSPECTORS
The City Clerk shall appoint at least five (5) election inspectors to serve at each polling place for all
elections.
The City Clerk, in the Clerk’s discretion, may
a) select alternate officials in a number sufficient to maintain adequate staffing of polling places on
Election Day;
b) select 2 or more sets of election officials to work at different time on Election Day;
c) establish different working hours for different officials assigned to the same polling places; and
d) appoint an additional inspector to serve as a greeter who may at polling places which inspector
may substitute for other election officials who must leave the room during the voting process.
Election Inspectors shall be paid at an hourly rate as established by the City Clerk within the amounts
allocated in the City Clerk’s Budget or as may be approved by the Common Council. The City Clerk
shall have the authority to establish different rates for those serving as Chairpersons or co-Chairpersons.
City of Oshkosh Municipal Codes
Revised 03/12/2024
City of Oshkosh Chapter 2 – Page 2 Municipal Codes
(B) Local Board of Canvassers. The board of canvassers shall be composed of the municipal clerk and 2
other qualified electors of the municipality appointed by the clerk. The members of the board of
canvassers shall serve for 2-year terms commencing on January 1 of each even-numbered year, except
that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of
the original appointee. The Board of Canvassers shall operate pursuant to §7.53(2) of the Wisconsin
Statutes.
(C) Board of Absentee Ballot Canvassers. In lieu of canvassing absentee ballots at each polling place, the
City of Oshkosh hereby creates a Board of Absentee Ballot Canvassers for the purpose of canvassing
all absentee ballots at all elections held in the City.
(1) The Board of Absentee Canvassers shall be composed of the City Clerk or a qualified elector
of the City designated by the City Clerk, and two (2) other qualified electors of the City
appointed by the City Clerk for a term of two (2) years commencing on January 1 of each odd-
numbered year, except that any member appointed to fill a vacancy shall serve for the
unexpired term of the original appointee.
(2) The Board of Absentee Ballot Canvassers shall operate pursuant to the provisions of §§ 7.52-
7.53 of the Wisconsin Statutes, as applicable.
(3) The City Clerk may appoint additional inspectors to assist the Board of Absentee Ballot
Canvassers in canvassing of absentee ballots pursuant to §7.52 of the Wisconsin Statutes.
(4) The City Clerk shall provide at least 48 hours public notice of the meetings of the Board of
Absentee Ballot Canvassers and shall keep all records and make all postings required by the
Wisconsin Statutes including, but not limited to the following:
a. No later than the closing hour of the polls, the City Clerk shall post at the Office of the
City Clerk and upon the City of Oshkosh official website and shall make available to
any person upon request, a statement of the number of absentee ballots that th e clerk
has mailed or transmitted to electors and that have been returned by the closing hour
on election day.
[Statutory Reference §§ 6.88 7.30, 7.32, 7.51, 7.52, 7.53 Wis. Stats]
SECTION 2-8 HOURS FOR VOTING
The polls in the City of Oshkosh on each Election Day shall remain open for voting from 7:00 o'clock a.m.
until 8:00 o'clock p.m.; provided however that any voter at that time currently voting or present and
waiting their turn to vote at the time of closing the polls shall be permitted to vote.
[Statutory Reference §6.78 Wis. Stats].
City of Oshkosh Municipal Codes
Revised 03/12/2024
City of Oshkosh Chapter 2 – Page 1 Municipal Codes
CHAPTER 2
ADMINISTRATION
ARTICLE II. ELECTION AND ELECTION OFFICIALS
2-1 ADOPTING STATE STATUTES
2-2 ELECTION OFFICIALS
2-3 HOURS FOR VOTING
ARTICLE II. ELECTION AND ELECTION OFFICIALS
SECTION 2-6 ADOPTING STATE STATUTES
Except as otherwise specifically provided, all provisions of Chapters 5-12, of the Wisconsin Statutes, and
all relevant provisions of the Wisconsin Administrative Code adopted pursuant thereto describing and
defining regulations with respect to elections are hereby adopted and by reference made a part of this
Code as if fully set forth herein. It is the intention of this ordinance to include within such references all
provisions in effect at the time of adoption of this section together with any applicable prior revisions
and all future recodifications, renumberings, and amendments unless otherwise expressly provided in
such references. It is the intention of this section that any act required to be performed or prohibited by
Chapter 5-12, of the Wisconsin Statutes, or by the relevant provisions of the Wisconsin Administrative
Code, as previously amended, presently in effect or as may be amended in the future, incorporated
within this section by reference, is an act required to be performed or is an act prohibited by this section.
[Statutory Reference Chapters 5-12, Wis. Stats.]
SECTION 2-7 ELECTION OFFICIALS
(A) ELECTION INSPECTORS
The City Clerk shall appoint at least five (5) election inspectors to serve at each polling place for all
elections.
The City Clerk, in the Clerk’s discretion, may
a) select alternate officials in a number sufficient to maintain adequate staffing of polling places on
Election Day;
b) select 2 or more sets of election officials to work at different time on Election Day;
c) establish different working hours for different officials assigned to the same polling places; and
d) appoint an additional inspector to serve as a greeter who may at polling places which inspector
may substitute for other election officials who must leave the room during the voting process.
Election Inspectors shall be paid at an hourly rate as established by the City Clerk within the amounts
allocated in the City Clerk’s Budget or as may be approved by the Common Council. The City Clerk
City of Oshkosh Municipal Codes
Revised 03/12/2024
City of Oshkosh Chapter 2 – Page 2 Municipal Codes
shall have the authority to establish different rates for those serving as Chairpersons or co-Chairpersons.
(B) Local Board of Canvassers. The board of canvassers shall be composed of the municipal clerk and 2
other qualified electors of the municipality appointed by the clerk. The members of the board of
canvassers shall serve for 2-year terms commencing on January 1 of each even-numbered year, except
that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of
the original appointee. The Board of Canvassers shall operate pursuant to §7.53(2) of the Wisconsin
Statutes.
(C) Board of Absentee Ballot Canvassers. In lieu of canvassing absentee ballots at each polling place, the
City of Oshkosh hereby creates a Board of Absentee Ballot Canvassers for the purpose of canvassing
all absentee ballots at all elections held in the City.
(1) The Board of Absentee Canvassers shall be composed of the City Clerk or a qualified elector
of the City designated by the City Clerk, and two (2) other qualified electors of the City
appointed by the City Clerk for a term of two (2) years commencing on January 1 of each odd-
numbered year, except that any member appointed to fill a vacancy shall serve for the
unexpired term of the original appointee.
(2) The Board of Absentee Ballot Canvassers shall operate pursuant to the provisions of §§ 7.52-
7.53 of the Wisconsin Statutes, as applicable.
(3) The City Clerk may appoint additional inspectors to assist the Board of Absentee Ballot
Canvassers in canvassing of absentee ballots pursuant to §7.52 of the Wisconsin Statutes.
(4) The City Clerk shall provide at least 48 hours public notice of the meetings of the Board of
Absentee Ballot Canvassers and shall keep all records and make all postings required by the
Wisconsin Statutes including, but not limited to the following:
a. No later than the closing hour of the polls, the City Clerk shall post at the Office of the
City Clerk and upon the City of Oshkosh official website and shall make available to
any person upon request, a statement of the number of absentee ballots that th e clerk
has mailed or transmitted to electors and that have been returned by the closing hour
on election day.
[Statutory Reference §§ 6.88 7.30, 7.32, 7.51, 7.52, 7.53 Wis. Stats]
SECTION 2-8 HOURS FOR VOTING
The polls in the City of Oshkosh on each Election Day shall remain open for voting from 7:00 o'clock a.m.
until 8:00 o'clock p.m.; provided however that any voter at that time currently voting or present and
waiting their turn to vote at the time of closing the polls shall be permitted to vote.
[Statutory Reference §6.78 Wis. Stats].
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 :May 28, 2024
SUB JEC T:SUB JEC T :*Ord 24-289 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban
Mixed Use District with a Planned Development Overlay (SMU-PD) for Properties Located at
Jackson Street South of Snell Road (Parcels 91250130000 & 91250130100) (Plan Commission
Recommends Approval)
B A C KGRO UN DBACKGROUND
The subject area included in the zone change request consists of two vacant parcels totaling 2.88 acres,
located on the west side of Jackson Street, south of West Snell Road. The surrounding area consists
primarily of commercial uses to the north, south, and east, along Jackson Street, with vacant/residential
uses to the west. The 2040 Comprehensive Plan recommends General Commercial land use for the
subject properties and adjoining parcels.
A N A L Y SI SANALYSIS
The applicant is requesting this zone change to establish a Planned Development Overlay to provide
flexibility to the zoning ordinance for redevelopment of the subject property for a potential
industrial/storage land use. The applicant has submitted plans for potential contractor buildings, which
would not be permitted in the SMU district. In order to request a Base Standard Modification (BSM) to
allow the prohibited land use, the property must first be rezoned to include a Planned Development
Overlay. The applicant has not submitted an application for General Development Plan (GDP) or
Specific Implementation Plan (SIP) approval.
The conceptual site plan for contractor spaces was brought to a Plan Commission workshop on March
19, 2024. Plan Commission was open to the proposed use. The applicant intends to submit for GDP/SIP
review at a future date. It should be noted that this request is specifically for rezoning of the property
and does include review of the proposed future use or site design.
Staff is supportive of the proposed zone change to include a Planned Development Overlay as it may
serve to accommodate future development needs for the site. The Planned Development Overlay is also
beneficial as it will allow for further review of future plans to mitigate potential impacts on neighboring
residential properties to the west. The proposed SMU-PD zoning designation is also consistent with the
2040 Comprehensive Land Use Plan recommendation (Interstate Commercial) as well as the neighboring
commercial land uses along Jackson Street.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested zone change for parcels 91250130000 &
91250130100 with findings on May 21, 2024. Please see the attached staff report and meeting minutes for
more information.
A t t a chment sAttachments
Ord 24-289
Rezone - 0 Jackson St
05/28/2024 24-289 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) FOR PROPERTIES LOCATED AT JACKSON STREET
SOUTH OF SNELL ROAD (PARCELS 91250130000 & 91250130100)
INITIATED BY : BARBARIA YOUNG & JAMES DARVIN
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 on Jackson
Street south of Snell Road from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a
Planned Development Overlay (SMU-PD), Parcels 91250130000 & 91250130100.
ZONE CHANGE FROM SUBURBAN MIXED USE (SMU) TO SUBURBAN MIXED USE WITH PLANNED DEVELOPMENT
OVERLAY (SMU-PD) FOR PROPERTIES LOCATED AT THE WEST 3600 BLOCK OF JACKSON STREET (TAX IDS
91250130000 & 1250130100)
BEING ALL OF TRACT 2 AND PART OF TRACT 1 OF CERTIFIED SURVEY MAP NUMBER 258, RECORDED AS
DOCUMENT NUMBER 507828, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ¼ OF
THE NORTHEAST ¼ OF SECTION 2, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHEAST
CORNER OF SAID SECTION 2; THENCE S00°24’02”E, 460.74 FEET ALONG THE EAST LINE OF SAID SECTION 2 TO THE
POINT OF BEGINNING; THENCE CONTINUING S00°24’02”E, 450.00 FEET ALONG SAID EAST LINE TO A POINT ON
THE EXTENDED SOUTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 258; THENCE S89°13’34”W, 293.30 FEET
ALONG THE EXTENDED SOUTH AND SOUTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 258 TO THE
SOUTHWEST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 258; THENCE N00°24’02”W, 450.00’ ALONG THE
WEST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 258; THENCE N89°13’34”E, 293.30 FEET TO THE POINT OF
BEGINNING. SAID AREA CONTAINS 131,982 SQUARE FEET OR 3.030 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 SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH
A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED AT JACKSON STREET SOUTH OF SNELL
ROAD, PARCELS 91250130000 & 91250130100 on June 11, 2024. This ordinance changes the zoning of the
properties located at Jackson Street south of Snell Road from Suburban Mixed Use District (I) to from Suburban
Mixed Use District with a Planned Development Overlay (SMU-PD), parcels 91250130000 & 91250130100. 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) FOR PROPERTIES
LOCATED AT 0 JACKSON STREET (PARCELS 91250130000 & 91250130100)
Plan Commission Meeting of May 21, 2024.
GENERAL INFORMATION
Applicant: Barbara Young & James Darvin
Owner: Russ Young Properties LLC
Actions 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) for two
properties located at 0 Jackson Street (parcels 91250130000 & 91250130100).
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance.
Background Information, Property Location and Type:
The subject area included in the zone change request consists of two vacant parcels totaling 2.88
acres, located on the west side of Jackson Street, south of West Snell Road. The surrounding
area consists primarily of commercial uses to the north, south, and east, along Jackson Street,
with vacant/residential uses to the west. The 2040 Comprehensive Plan recommends General
Commercial land use for the subject properties and adjoining parcels.
Subject Site
Existing Land Use Zoning
Vacant SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU
East Commercial SMU
West Vacant SR-9
Recognized Neighborhood Organizations
None
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation General Commercial
ANALYSIS
The applicant is requesting this zone change to establish a Planned Development Overlay to
provide flexibility to the zoning ordinance for redevelopment of the subject property for a potential
industrial/storage land use. The applicant has submitted plans for potential contractor buildings,
which would not be permitted in the SMU district. In order to request a Base Standard
Modification (BSM) to allow the prohibited land use, the property must first be rezoned to include a
Planned Development Overlay. The applicant has not submitted an application for General
Development Plan (GDP) or Specific Implementation Plan (SIP) approval.
The conceptual site plan for contractor spaces was brought to a Plan Commission workshop on
March 19, 2024. Plan Commission was open to the proposed use. The applicant intends to submit
for GDP/SIP review at a future date. It should be noted that this request is specifically for rezoning
of the property and does include review of the proposed future use or site design.
Rezone to SMU-PD
Staff is supportive of the proposed zone change to include a Planned Development Overlay as it
may serve to accommodate future development needs for the site. The Planned Development
Overlay is also beneficial as it will allow for further review of future plans to mitigate potential
impacts on neighboring residential properties to the west. The proposed SMU-PD zoning
designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation
(Interstate Commercial) as well as the neighboring commercial land uses along Jackson Street.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
(b) Is in harmony with the Comprehensive Plan.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(ii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district.
Staff recommends approval of the zone change with the findings listed above.
Plan Commission recommends approval of the requested zone change at 0 Jackson Street
(parcels 91250130000 & 91250130100) with the findings and conditions on May 21, 2024. The
following is Plan Commission’s discussion on the item.
Site Inspections Report: Ms. Scheuermann, Ms. Davey, Mr. Nichols, Mr. Ulrich, 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) for two
properties located at 0 Jackson Street (parcels 91250130000 & 91250130100).
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 included in the zone change request
consists of two vacant parcels, located on the west side of Jackson Street, south of West Snell
Road. The surrounding area consists primarily of commercial uses to the north, south, and east,
along Jackson Street, with vacant/residential uses to the west.
The applicant is requesting this zone change to establish a Planned Development Overlay to
provide flexibility to the zoning ordinance for redevelopment of the subject property for a potential
industrial/storage land use. The applicant has submitted plans for potential contractor buildings,
which would not be permitted in the SMU district. In order to request a Base Standard
Modification (BSM) to allow the prohibited land use, the property must first be rezoned to include a
Planned Development Overlay.
The conceptual site plan for contractor spaces was brought to a Plan Commission workshop on
March 19, 2024. The applicant intends to submit for GDP/SIP review at a future date. It should be
noted that this request is specifically for rezoning of the property and does include review of the
proposed future use or site design.
Staff is supportive of the proposed zone change to include a Planned Development Overlay as it
may serve to accommodate future development needs for the site. It is also beneficial as it will
allow for further review of future plans to mitigate potential impacts on neighboring residential
properties to the west.
Staff recommends approval of the zone change with the findings listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Mr. Perry asked if other members of the public wished to speak.
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
Motion by Ulrich 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 8-0.
Page 4
Page 5
4/8/24
Young / Darvin Rezoning Application Narrative (23050)
TR Karrels and Associates
Barbra Young and James Darvin have hired TR Karrels and
associates to prepare Architectural documents to support the
rezoning of the aforementioned parcel near the intersection of Snell
and Jackson in Oshkosh from SMU to SMU-PD. This proposed rezoning
will be hopefully completed to allow the use of contractor tenants.
This use has been defined is the best use for the property by potential
clients and the owner. The owner has owned this property for 45
years with the last 25 years trying to sell or develop.
Page 6
A1.0
SITE PLAN
1 PLAN REV. DATE
2 PLAN REV. 11/11/21
3 PLAN REV. 11/11/21
4 PLAN REV. 11/11/21
5 PLAN REV. 11/11/21
6 PLAN REV. 11/11/21
7 PLAN REV. 11/11/21
8 PLAN REV. 11/11/21
9 PLAN REV. 11/11/21
TR KARRELS & ASSOC.
1934 ALGOMA BLVD.
OSHKOSH, WI 54901
(920) 426 - 4470
TRKARRELS.COM
REVISIONS
BY: MK, TK, JK, KB
PROJECT NUMBER: 23050M
SHEET TITLE:
PROJECT INFO
PROJECT NAME:
STREET ADDRESS:
CITY / STATE / ZIP:
YOUNG - DARVIN
DEVELOPMENT
JACKSON STREET
OSHKOSH, WI, 54901
SHEET NUMBER:
ISSUE DATE: 2/29/2024
NE
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GROUP F-1/S-1
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TENANT SPACE
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GROUP F-1/S-1
OCCUPANCY
TENANT SPACE
103
4
6
'
-
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24
'
-
0
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9'-0"9'-0"9'-0"9'-0"
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GROUP F-1/S-1
OCCUPANCY
TENANT SPACE
102
GROUP F-1/S-1
OCCUPANCY
TENANT SPACE
101
GROUP F-1/S-1
OCCUPANCY
TENANT SPACE
105
GROUP F-1/S-1
OCCUPANCY
TENANT SPACE
106
SCALE:
SITE PLAN
1/16" = 1'-0"
0 4'8'16'32'48'
NORTH
Page 7
ZONE CHANGE
0 JACKSON ST, PARCELS
1250130000 & 1250130100
PC: 05-21-2024
JUSTIN S/ASHLEY A STENERSON
340 OLSON AVE
OSHKOSH WI 54901-1106
DALE /SANDRA POMMERENING
335 OLSON AVE
OSHKOSH WI 54901-1115
TMC DEVELOPMENT GROUP
FARMINGTON LLC
2190 AMERICAN DR
NEENAH WI 54956-1004
JAMES /ELIZABETH BALL REV TR
PO BOX 2234
OSHKOSH WI 54903-2234
RUSS YOUNG PROPERTIES LLC
E1204 COUNTY PARK LN APT 1
WAUPACA WI 54981-9544
OA&E PROPERTIES LLC
911 STARBOARD CT
OSHKOSH WI 54901-2063
NORMAN C/JUDITH A KNIEF
3147 WATERFORD CT
NEW BERLIN WI 53151-9530
BERGSTROM AUBURN HILLS OF
3650 JACKSON ST
OSHKOSH WI 54901-1216
PASCARELLA INVESTMENTS LL
3699 JACKSON ST
OSHKOSH WI 54901-1215
TOWN OF OSHKOSH
1076 COZY LN
OSHKOSH WI 54901-1404
Page 8
ZION
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JACKS
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W S NE LL RD
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: 4/12/2024
1 in = 120 ft
1 in = 0.02 mi¯0 JACKSON ST, PARCELS1250130000 & 1250130100
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 9
ZARLING AV
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O sh k o s h C i t y Li mitOshkosh C i t y Li mit
Oshkosh City LimitOshkosh City Limit
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HI
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MR-12
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SMU
SMU
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SR-3
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SR-5
SR-5 SR-5
SR-9
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: 4/12/2024
1 in = 500 ft
1 in = 0.09 mi¯0 JACKSON ST, PARCELS1250130000 & 1250130100
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 10
ZION
S
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O L SO N AV
JACKS
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S
T
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 4/12/2024
1 in = 100 ft
1 in = 0.02 mi¯0 JACKSON ST, PARCELS1250130000 & 1250130100
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 11
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer
D A TE :D A T E :May 28, 2024
SUB JEC T:SUB JEC T :Ord 24-290 Authorize Public Construction for Lake Butte des Morts Development, Phase 1; 3500
Block of Lake Butte des Morts Drive (Staff Recommends Waiving the Rules and Adopting on
First Reading)
A t t a chment sAttachments
Ord 24-290
05/28/2024 24-290 ORDINANCE
CARRIED 6-0
PURPOSE: AUTHORIZE PUBLIC CONSTRUCTION FOR LAKE BUTTE DES MORTS DEVELOPMENT, PHASE 1; 3500
BLOCK OF LAKE BUTTE DES MORTS DRIVE (STAFF RECOMMENDS WAIVING THE RULES)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING PUBLIC CONSTRUCTION TO BE DONE BY THE
CITY OF OSHKOSH WITHOUT SUBMITTING SAME FOR BIDS
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That construction and installation of sidewalk and terrace trees on and along the following
streets pursuant to a developer agreement approved by resolution adopted May 28, 2024, by the Common
Council of the City of Oshkosh is hereby authorized to be done directly by the appropriate departments of
the City of Oshkosh, without submitting same for bids, according to the plans on file in the office of the City
Engineer:
Olivia Road and Lake Butte des Morts Drive
SECTION 2. The City Manager shall keep an accurate account of the costs of said work including the
necessary overhead expenses and upon completion of such work shall make a complete report thereof to
the Common Council stating in detail the items of cost and the total cost of doing such work, all according
to Section 62.15(14) of the Wisconsin Statutes; and upon completion of such work, the proper City officials are
hereby authorized and directed to transfer necessary funds from the Special Assessments Improvement Fund
to the appropriate construction accounts.
SECTION 3. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #24-290 Authorizing Public Construction, on
May 28, 2024. The ordinance allows for public construction and installation of sidewalk and terrace trees on
and along Olivia Road and Lake Butte des Morts Drive within the Lake Butte des Morts Development, Phase 1
in the City of Oshkosh.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.oshkoshwi.gov. Clerk’s phone: 920-236-5011.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Ord 24-291 Establish Street Grades / Lake Butte des Morts Development, Phase 1; 3500 Block of
Lake Butte des Morts Drive (Staff Recommends Waiving the Rules and Adopting on First
Reading)
A t t a chment sAttachments
Ord 24-291
05/28/2024 24-291 ORDINANCE
CARRIED 6-0
PURPOSE: ESTABLISH STREET GRADES / LAKE BUTTE DES MORTS DEVELOPMENT, PHASE 1; 3500 BLOCK OF LAKE
BUTTE DES MORTS DRIVE (STAFF RECOMMENDS WAIVING THE RULES)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ESTABLISHING A GRADE ON CERTAIN STREETS WITHIN THE
CORPORATE LIMITS OF THE CITY OF OSHKOSH
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. Pursuant to Section 62.16 of the Wisconsin Statutes, there is hereby established the grade for
the following named streets:
Olivia Road and Lake Butte des Morts Drive
SECTION 2. That the proposed street grade(s), from a datum plane established by the official United States
Coast and Geodetic Survey, as identified and on file in the Department of Public Works is/are hereby
permanently established.
SECTION 3. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #24-291 Establish Street Grades / Lake Butte
des Morts Development, Phase 1, on May 28, 2024. The ordinance establishes the street grades on Olivia
Road and Lake Butte des Morts Drive in the Lake Butte des Morts Development, Phase 1.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at wwwoshkoshwi.gov. Clerk’s phone: 920-236-5011.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mark Lyons, Planning Services Manager
D A TE :D A T E :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-292 Accept Dedication of Street Right-of-Way for Olivia Road (Plan Commission
Recommends Approval)
B A C KGRO UN DBACKGROUND
Phase 1 of the Lake Butte des Morts Development was approved by Council for 80 multi-family residential
units. The Phase 1 area will be mapped via Certified Survey Map (CSM) and includes the creation of a
4.76-acre lot and the right-of-way dedication of Olivia Road connecting to Lake Butte des Morts Drive.
The Comprehensive Plan's land use recommendation for the site is Mixed Use, which is consistent with the
proposed multi-family development.
A N A L Y SI SANALYSIS
Right-of-way dedication is being proposed for the creation Olivia Road. Olivia Road is located
approximately 4,700 feet (0.9 miles) south of Ryf Road. Olivia Road is proposed to be a 60-foot-wide right-
of-way, which is consistent with the City's Subdivision Regulations for local-classed streets. The street
extends westerly approximately 150 feet, coming to a temporary dead end. The Oliva Road right-of-way
will ultimately connect to two additional roads as shown on the Lake Butte des Morts Development
Preliminary Plat. This will create a looped roadway with two connections to Lake Butte des Morts Drive.
The proposed street layout will adequately serve the proposed development.
The dedication is included in a draft CSM under review by staff. The CSM will be recorded at the
Winnebago County Register of Deeds after staff approval. The dedication will become official upon
approval by the Common Council.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the right of way dedications as proposed on March 5,
2024. Please see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
Res 24-292
LBDM Olivia Road Dedication CSM
RoW Dedication - Olivia Road
05/28/2024 24-292 RESOLUTION
CARRIED 6-0
PURPOSE: ACCEPT DEDICATION OF STREET RIGHT-OF-WAY FOR OLIVIA ROAD
INITIATED BY : RED EARTH, LLC
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby approves the street
right-of-way dedication on the Olivia Road, per the attached.
35.00
R50
Temporary
Cul-de-Sac
Easement
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LOT 1
190,006 SQ FT
4.36 AC
A
3068-8
La Crosse,
WI
NW
ND
L
JAMES R.
OSBORNE
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Y O R
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IISOCS
CERTIFIED SURVEY MAP
PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
22-27584
27584 CSM
JRO
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 AND NW 1/4, NE 1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 18N , RANGE 16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
The orientation of this bearing system is based on the north line
of the Northwest Quarter of Section 3, Township 18N, Range
16E, common to the south line of the Southeast Quarter of
Section 34, Township 19N, Range 16E.
Said line bears South 89 degrees 45 minutes 24 seconds West.
SHEET 1 OF 5 SHEETS
Land Surveyor:
ISG
201 Main St. Ste. 1020
La Crosse, WI 54601
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PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
CERTIFIED SURVEY MAP
22-27584
27584 CSM
JRO
SHEET 2 OF 5 SHEETS
A
3068-8
La Crosse,
WI
NW
ND
L
JAMES R.
OSBORNE
EVRUS
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LEGEND
SET 3/4" DIA. x 24" LONG IRON ROD
1.47 LBS/LINEAL FOOT
See Detail
Sheet 4
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 AND NW 1/4, NE 1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 18N , RANGE 16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
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Twp. 19N, Rge. 16E
Winnebago County, WI,
Found Spike
NW 1/4 Corner
Sec. 3, Twp. 18N, Rge. 16E
Winnebago County, WI
Computed Position Based
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Corporate Limits - Town/City of Oshkosh
Corporate Limits
Town/City of Oshkosh SHEET 3 OF 5 SHEETS
A
3068-8
La Crosse,
WI
NW
ND
L
JAMES R.
OSBORNE
EVRUS
Y O R
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CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 AND NW 1/4, NE 1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 18N , RANGE 16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
MONUMENT LEGEND
1 Found 3/4" Iron Bar
2 Found Iron Bar With Cap
3 Found 1 1/4" Iron Pipe
4 Found 1 1/4" Iron Pipe With WisDOT Cap
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(to be recorded
via separate document)
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PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
CERTIFIED SURVEY MAP
22-27584
27584 CSM
JRO
SHEET 4 OF 5 SHEETS
LAND DESCRIPTION
That part of the Northwest Quarter of the Northwest Quarter and the Southwest Quarter of the Northwest Quarter
and the Southeast Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter and the
Northeast Quarter of the Southwest Quarter of Section 3, Township 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin, described as follows:
Commencing at the north corner of said Section 3; thence South 89 degrees 45 minutes 24 seconds West,
assumed bearing, on the north line of said Northwest Quarter, 40.67 feet to the south corner of Section 34,
Township 19 North, Range 16 West; thence continuing on said north line South 89 degrees 26 minutes 20 seconds
West, 1465.51 feet to the westerly line of Lake Butte Des Morts Drive; thence South 06 degrees 18 minutes 43
seconds East on said westerly line, 33.17 feet to a line parallel with and 33.00 feet southerly of said north line, said
point being the point of beginning; thence South 89 degrees 26 minutes 20 seconds West on said parallel line,
1176.61 feet to the west line of said Northwest Quarter of the Northwest Quarter; thence South 01 degrees 15
minutes 19 seconds East on the west line of said Northwest Quarter of the Northwest Quarter, 837.80 feet to the
northeasterly line of Winnebago County Recreational Trail; thence South 26 degrees 57 minuets 12 seconds East
on said northeasterly line, 2189.32 feet; thence North 81 degrees 59 minutes 43 seconds East, 485.02 feet to the
westerly line of Lake Butte Des Morts Drive; thence northeasterly and northerly on said westerly line on the
following 10 courses; 1) thence northeasterly 30.03 feet along a non-tangential curve, concave to the southeast,
having a radius of 1064.93 feet, a central angle of 01 degrees 36 minutes 57 seconds, and a chord bearing and
distance of North 27 degrees 26 minutes 49 seconds East, 30.03 feet; 2) thence North 29 degrees 48 minutes 41
seconds East, 257.68 feet; 3) thence northerly 402.67 feet on a non-tangential curve, concave to the west, having a
radius of 758.51 feet, a central angle of 30 degrees 25 minutes 00 seconds, and a chord bearing and distance of
North 09 degrees 19 minutes 08 seconds East, 397.96 feet; 4) thence North 15 degrees 21 minutes 37 seconds
West, 147.34 feet; 5) thence North 14 degrees 29 minutes 45 seconds West, 553.43 feet; 6) thence northwesterly
117.17 feet on a non-tangential curve, concave to the west, having a radius of 2336.83 feet, a central angle of 02
degrees 52 minutes 22 seconds, and a chord bearing and distance of North 15 degrees 38 minutes 55 seconds
West, 117.16 feet; 7) thence northwesterly 167.53 feet on a non-tangential curve, concave to the east, having a
radius of 2336.83, a central angle of 04 degrees 06 minutes 27 seconds, and a chord bearing and distance of North
12 degrees 09 minutes 29 seconds West, 167.49 feet; 8) thence North 10 degrees 06 minutes 17 seconds West,
364.22 feet; 9) thence North 16 degrees 11 minutes 29 seconds West, 732.95 feet; 10) thence North 06 degrees 18
minutes 43 seconds West, 73.70 feet to the point of beginning.
A
3068-8
La Crosse,
WI
NW
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L
JAMES R.
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Detail 1" = 60'
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 AND NW 1/4, NE 1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 18N , RANGE 16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
LENGTH
30.03'
402.67'
117.17'
167.53'
39.49'
39.05'
42.37'
12.22'
60.69'
RADIUS
1064.93'
758.51'
2336.83'
2336.83'
25.00'
25.00'
25.00'
170.00'
280.00'
DELTA
1°36'57"
30°25'00"
2°52'22"
4°06'27"
90°30'18"
89°29'42"
97°06'37"
4°07'07"
12°25'10"
CHORD BEARING
N27°26'49"E
N9°19'08"E
N15°38'55"W
N12°09'29"W
N29°03'40"E
S60°56'20"E
S34°03'33"W
S84°40'26"W
S80°31'24"W
CHORD LENGTH
30.03'
397.96'
117.16'
167.49'
35.51'
35.20'
37.48'
12.22'
60.57'
TANGENT IN
N28°15'17"E
N24°31'38"E
N14°12'44"W
N10°06'16"W
N74°18'49"E
S74°18'49"W
N14°29'45"W
N82°36'52"E
S86°43'59"W
TANGENT OUT
N26°38'21"E
N5°53'22"W
N17°05'06"W
N14°12'42"W
N16°11'29"W
N16°11'29"W
N82°36'52"E
N86°43'59"E
S74°18'49"W
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
BEARING
N81°59'43"E
N29°48'41"E
N15°21'37"W
S14°29'45"E
N10°06'17"W
N16°11'29"W
N6°18'43"W
S86°43'59"W
S74°18'49"W
DISTANCE
485.02
257.68
147.34
553.43
364.22
732.95
73.70
13.44
6.29
PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
CERTIFIED SURVEY MAP
22-27584
27584 CSM
JRO
SHEET 5 OF 5 SHEETS
A
3068-8
La Crosse,
WI
NW
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L
JAMES R.
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IISOCS
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 AND NW 1/4, NE 1/4 OF THE SW1/4 OF SECTION 3,
TOWNSHIP 18N , RANGE 16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CERTIFICATION:
I, James R. Osborne, Professional Land Surveyor, hereby certify that I have surveyed and mapped
the lands described hereon, and that this map is a representation thereof, to the best of my
knowledge and that I have complied with Chapter 236.34 of the Wisconsin State Statutes as per
agreement with Red Earth, LLC who has requested such survey.
CITY OF OSHKOSH APPROVAL CERTIFICATE
Resolved that this Certified Survey Map is hereby approved by the City of Oshkosh.
Dated this_____day of ____________, 20__.
___________________________________________________________________
Planner, Department of Community Development Printed Name
CITY OF OSHKOSH TREASURER CERTIFICATE
I hereby certify there are no unpaid taxes or special assessments on any of the land included on this Certified Survey Map.
Dated this_____day of ____________, 20__.
___________________________________________________________________
City Treasurer Printed Name
OWNERS CERTIFICATE
As owner, I hereby certify that I caused the land described herein to be surveyed, divided, mapped
and dedicated as represented on the Certified Survey Map. I also certify that this Certified Survey Map
is required to be submitted to the following for approval, the City of Oshkosh.
Dated this_____day of ____________, 20__.
___________________________________________________________________
Name Title Printed Name
State of Wisconsin )
County of __________ ) SS
Personally came before me this _____ day of ___________, 20__, the above named Owner to me
known to be the same person who executed the foregoing instrument and acknowledged the same.
(Notary Seal)_____________________ Notary Public, ____________ County, Wisconsin
My commission expires:______________________
NOTE: Field work was completed on November 2, 2022.
ITEM: STREET RIGHT-OF-WAY DEDICATIONS FOR OLIVIA ROAD AND
OLIVER AVENUE CONNECTING TO LAKE BUTTE DES MORTS DRIVE
Plan Commission meeting of March 5, 2024.
GENERAL INFORMATION
Applicant: Claire Roth - ISG, Inc.
Owner: Red Earth, LLC
Action Requested: The applicant requests the dedications of two public rights-of-way
connecting to Lake Butte des Morts Drive.
Applicable Ordinance Provisions: Street dedication criteria is located in Section 30-441 of the
City’s Subdivision Regulations.
Subject Site
Existing Land Use Zoning
Undeveloped/Agricultural Neighborhood Mixed Use with Planned
Development Overlay (NMU-PD)
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Undeveloped/Agricultural Single Family Residential-5 (SR-5)
South Undeveloped/Agricultural General Business District (B-3, Town of
Oshkosh)
East US Highway 45 NA
West Single Family Residential General Agriculture District (A-2, Town
of Oshkosh)
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Mixed-Use
BACKGROUND INFORMATION/ANALYSIS
Red Earth LLC received General Development Plan (GDP) approval by the Common Council
on April 11, 2023 (Resolution 23-173) for a 6-phase, 522-unit multi-family residential
development. A Specific Implementation Plan for Phase I with 80 residential units and
clubhouse was approved by the Common Council on December 12, 2023 (Resolution 23-649).
Phase 1 will create a 4.76-acre lot and two right-of-way connections to Lake Butte des Morts
Drive via Certified Survey Map. The proposed Lake Butte des Morts Development Plat
surrounds Phase 1 and subdivides the area into an additional eight lots and creates a looped
public road right-of-way for Phases 2
through 6. An SIP request for Phases
2 through 6 has also been submitted
for review (Item III).
The Comprehensive Plan’s land use
recommendation for the site is Mixed
Use which is consistent with the
proposed multi-family development.
Two right-of-way dedications are
being proposed; Olivia Road and
Oliver Avenue, both west of and
connecting to Lake Butte des Morts
Drive. Olivia Road is located
approximately 4,700 feet (0.9 miles)
south of Ryf Road. Olivia Road is
proposed to be a 60-foot right-of-way
which is consistent with the City’s
Subdivision Regulations for local-
classed streets. The street extends
westerly approximately 150 feet
coming to a temporary end.
Oliver Avenue begins nearly 870 feet south of Olivia Road connecting to Lake Butte des Morts
Drive. Similar to Olivia Road, Oliver Avenue will be a 60-foot right-of way which will head
westerly approximately 120 feet. The distance between both streets meets the minimum
intersection separation requirement of 125 feet on local-classed streets.
Extensions of both rights-of-way and addition of third road are shown on the Lake Butte des
Morts Development preliminary Plat (Item II). This will create a looped roadway with two
connections to Lake Butte des Morts Drive. The proposed street layout will adequately serve
the proposed development.
Proposed Right-of-Way Dedications
The dedications are included on a draft Certified Survey Map (CSM) under review by staff.
Once City staff approves the CSM it will be recorded at the Winnebago County Register of
Deeds. The dedication will become official upon approval by the Common Council.
RECOMMENDATION/CONDITIONS
Staff recommends acceptance of the right-of-way dedications for Olivia Road and Oliver
Avenue as proposed.
Plan Commission recommends approval of the right-of-way dedication for Olivia Road on
March 5, 2024. The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Mr. Kiefer, and Mr. Perry reported
visiting the site.
Staff report accepted as part of the record.
The applicant requests the dedications of two public rights-of-way connecting to Lake Butte des
Morts Drive.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. Red Earth LLC received General Development Plan
(GDP) approval by the Common Council on April 11, 2023 (Resolution 23-173) for a 6-phase,
522-unit multi-family residential development. That was followed by Specific Implementation
Plan approval for Phase I which includes 80 residential units and a clubhouse, which was
approved by the Common Council on December 12, 2023 (Resolution 23-649). Phase 1 will
create a 4.76-acre lot and two right-of-way connections to Lake Butte des Morts Drive. Item II
will be the Lake Butte des Morts Development Plat which essentially surrounds all of Phase 1.
The Comprehensive Plan’s land use recommendation for the site is Mixed Use which is
consistent with the proposed multi-family development.
Two right-of-way dedications are being proposed; Olivia Road and Oliver Avenue, both west of
and connecting to Lake Butte des Morts Drive. Olivia Road is located approximately 4,700 feet
(0.9 miles) south of Ryf Road. Olivia Road is proposed to be a 60-foot right-of-way which is
consistent with the City’s Subdivision Regulations for local-classed streets. The street extends
westerly approximately 150 feet coming to a temporary end. Oliver Avenue begins nearly 870
feet south of Olivia Road connecting to Lake Butte des Morts Drive. Similar to Olivia Road,
Oliver Avenue will be a 60-foot right-of way which will head westerly approximately 120 feet.
The distance between both streets meets the minimum intersection separation requirement of
125 feet on local-classed streets. Extensions of both rights-of-way and addition of third road are
shown on the Lake Butte des Morts Development preliminary Plat (Item II). This will create a
looped roadway with two connections to Lake Butte des Morts Drive. The proposed street
layout will adequately serve the proposed development as phases are developed. The
dedications are included on a draft Certified Survey Map (CSM) under review by staff. Once
City staff approves the CSM it will be recorded at the Winnebago County Register of Deeds.
The dedication will become official upon approval by the Common Council.
Staff recommends acceptance of the right-of-way dedications for Olivia Road and Oliver
Avenue as proposed.
Mr. Perry opened up technical questions to staff.
Ms. Davey wondered if the post office has seen the names.
Mr. Nau stated they have, as well as the Winnebago County Highway Department. They did
not have any concerns. The only stipulation in the municipal code is if a street chooses to be
east-west it has an Avenue designation, and north-south has a Street designation. Code does
not address any other suffixes, such as Road, Boulevard, or Way.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Mr. Perry asked if other members of the public wished to speak.
Mr. Perry closed public comments.
There was no closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Esslinger.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0.
Staff ______ Date Rec’d ______
City of Oshkosh Application
Subdivision & Certified Survey Map
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: _________________________________________________________________________________ Date: ____________
Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Fax: ( ) __________________ Other Contact # or 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 #: ( ) _________________ Fax: ( ) __________________ Other Contact # or 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: ____________
SUBDIVISION INFORMATION
(Please Check): Residential Commercial/Industrial Other
Approvals Requested (Please Check): Preliminary Subdivision Plat* Final Subdivision Plat Certified Survey Map
*If preliminary plat, is the entire area owned or controlled by subdivider included? Yes____ No____
Location of Proposed Project: _________________________________________________________________________________
Zoning Classification: _________________________________________________________________________________________
Reason for Division: __________________________________________________________________________________________
Proposed Number of Lots: _________________ Proposed Lot Sizes: Min. ___________ Max. ____________ Average ___________
Acres in Parcel(s): ____________________________________________________________________________________________
Proposed Project Type (include use of buildings and property):
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
Current Use of Property (include existing structures):
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903-1130
PHONE: (920) 236-5059
greenfield/vacant
Multi-family development with the option to move to mixed use and incorporating commercial space in the future.
This will be a multi-family development, made up of; approximately 350-400 apartments, 20 townhomes, a clubhouse,
and several amenities that will be built in 6 Phases.
72 acres in total
Mix - Residential and Ag currently, looking to rezone to PDD
Northeast corner of CSAH 21 and 21st Ave S
X
X
X
X
jake.buswell@allamericandoitcenter.com623-8348262
54656WISparta1310 West Wisconsin Street
Red Earth LLC. (Contact - Jacob Buswell)
12-20-2022
X
Jeana.Kedrowski@ISGInc.com426-0699952
55425MNBloomington
12-20-2022
7900 International Drive, Ste 550
Jeana Kedrowski - ISG Inc (on behalf of owner)
DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD
12/13/2022
12/13/2022
Page 4
2
Significant Natural Amenities (slope, vegetation, large tree stands, etc.):
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
Floodplains, navigable streams, wetlands, and Other Development Restrictions:
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
Variances- List and explain any requested variances from the Subdivision Regulations:
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
**Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
SUBMITTAL REQUIREMENTS – Must accompany the application to be complete.
Basic Materials
Completed Application
Legal Description of Site
Twenty-Six (26) full size paper prints of the preliminary or final plat prepared in accordance with City Subdivision
Regulations
One copy of the subdivision plat reduced to 8 ½” x 11”
One copy of the Certified Survey Map
Digital Copy of Preliminary Plat, Final Plat, or CSM in Autocad 2000 format (plans may be e-mailed to the Planning
Office)
Plat Data
Title
Legal description and general location of property
Date, scale and north arrow
Names and addresses of the owner, subdivider, and land surveyor preparing the plat
Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the
preliminary plat
Exterior boundaries
Contours
Water elevations
Location, rights-of-way widths and names
Location and names of any adjacent subdivisions
Type, width and elevation of existing street pavements within the plat or adjacent thereto
Location, size, and invert elevation of existing infrastructure items such as sewers, manholes, power poles, etc.
Locations of all existing property boundary lines
Dimensions of all lots with proposed lot and block numbers
Location and dimensions of any sites to be reserved or dedicated for parks, trails, playgrounds, d rainage ways, or
other public use, or which are to be used for group housing, shopping centers, church sites, or other non -public uses
not requiring lotting
Approximate radii of all curves
Corporate limit lines
Any proposed lake and/or stream access
Any proposed lake and stream including the notice of application for Dept. of Natural Resources’ approval, when
applicable
Location of environmentally sensitive areas (wetlands, floodplains, navigable streams, etc.)
For further information see Section 30-72 of City of Oshkosh Subdivision Regulations for Submittal Requirements
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
www.ci.oshkosh.wi.us/Community_Development/Planning.htm
None.
The existing site use is agricultural with a portion of the property being tillable acerage and the
remainder is existing wetland.
Wetlands and floodplain are present on site around the existing farmland and are shown on the plat.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
DocuSign Envelope ID: 06D96145-D454-4521-B03E-E42FBA77BFAD
Page 5
C6
P.O.B.
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A
3068-8
La Crosse,
WI
NW
ND
L
JAMES R.
OSBORNE
EVRUS
Y O R
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IISOCS
THIS DOCUMENT IS THE PROPERTY
OF I+S GROUP, INC. THEY MAY NOT
BE USED, COPIED OR DUPLICATED
WITHOUT PRIOR WRITTEN
CONSENT.
CERTIFIED SURVEY MAP
PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
22-27584
27584 CSM
JRO
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 OF SECTION 3 , TOWNSHIP 18N , RANGE 16E,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
The orientation of this bearing system is based on the north line
of the Northwest Quarter of Section 3, Township 18N, Range
16E, common to the south line of the Southeast Quarter of
Section 34, Township 19N, Range 16E.
Said line bears South 89 degrees 45 minutes 24 seconds West.
SHEET 1 OF 4 SHEETS
Page 6
L1
3
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4
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Approximate Location - Gas Grant
(per Vol. 841, Pg. 119)
R50
31.71
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THIS DOCUMENT IS THE PROPERTY
OF I+S GROUP, INC. THEY MAY NOT
BE USED, COPIED OR DUPLICATED
WITHOUT PRIOR WRITTEN
CONSENT.
PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 OF SECTION 3 , TOWNSHIP 18N , RANGE 16E,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CERTIFIED SURVEY MAP
22-27584
27584 CSM
JRO
SHEET 2 OF 4 SHEETS
A
3068-8
La Crosse,
WI
N
W
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L
JAMES R.
OSBORNE
EVRUS
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LEGEND
FOUND MONUMENT WITH WISDOT CAP
(unless otherwise noted)
SET 3/4" DIA. x 24" LONG IRON ROD
1.47 LBS/LINEAL FOOT
See Detail
Sheet 4
Page 7
Parcel 2
0
190,006
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Parcel 1
206,830
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S 1/4 Corner Sec. 34, Twp. 19N, Rge. 16E
Winnebago County, WI, Found Spike
NW 1/4 Corner
Sec. 3, Twp. 18N, Rge. 16E
Winnebago County, WI
Computed Position Based
on Found Monuments N Lin
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P.O.B.
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
LENGTH
167.53'
117.17'
37.51'
28.87'
47.69'
39.49'
39.05'
42.37'
12.22'
60.69'
RADIUS
2336.83'
2336.83'
25.00'
230.00'
220.00'
25.00'
25.00'
25.00'
170.00'
280.00'
DELTA
4°06'27"
2°52'22"
85°57'50"
7°11'35"
12°25'10"
90°30'18"
89°29'42"
97°06'37"
4°07'07"
12°25'10"
CHORD BEARING
S12°09'29"E
S15°38'55"E
N57°28'40"W
S83°08'12"W
S80°31'24"W
N29°03'40"E
S60°56'20"E
S34°03'33"W
S84°40'26"W
S80°31'24"W
CHORD LENGTH
167.49'
117.16'
34.09'
28.86'
47.59'
35.51'
35.20'
37.48'
12.22'
60.57'
TANGENT IN
S10°06'16"E
S14°12'44"E
N14°29'45"W
S86°43'59"W
S86°43'59"W
N74°18'49"E
S74°18'49"W
N14°29'45"W
N82°36'52"E
S86°43'59"W
TANGENT OUT
S14°12'42"E
S17°05'06"E
S79°32'25"W
S79°32'25"W
S74°18'49"W
N16°11'29"W
N16°11'29"W
N82°36'52"E
N86°43'59"E
S74°18'49"W
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
BEARING
S86°43'59"W
S74°18'49"W
S74°18'49"W
N15°41'11"W
N74°18'49"E
S86°43'59"W
S74°18'49"W
DISTANCE
13.44
6.29
60.22
50.11
61.00
13.44
6.29
THIS DOCUMENT IS THE PROPERTY
OF I+S GROUP, INC. THEY MAY NOT
BE USED, COPIED OR DUPLICATED
WITHOUT PRIOR WRITTEN
CONSENT.
PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 OF SECTION 3 , TOWNSHIP 18N , RANGE 16E,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CERTIFIED SURVEY MAP
22-27584
27584 CSM
JRO
SHEET 3 OF 4 SHEETS
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WI
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JAMES R.
OSBORNE
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Page 8
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THIS DOCUMENT IS THE PROPERTY
OF I+S GROUP, INC. THEY MAY NOT
BE USED, COPIED OR DUPLICATED
WITHOUT PRIOR WRITTEN
CONSENT.
PROJECT NO.:
FILE NAME:
REVISED:
DRAWN BY:
CERTIFIED SURVEY MAP
PART OF THE NE 1/4, NW 1/4, SW 1/4, SE 1/4 OF THE NW 1/4 OF SECTION 3 , TOWNSHIP 18N , RANGE 16E,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CERTIFIED SURVEY MAP
22-27584
27584 CSM
JRO
SHEET 4 OF 4 SHEETS
LAND DESCRIPTION:
Those parts of the Northeast Quarter, Northwest Quarter, Southwest Quarter and the Southeast Quarter of the Northwest Quarter of fractional
Section 3, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin described as follows:
Commencing at the north corner of said Section 3; thence South 89 degrees 45 minutes 24 seconds West, assumed bearing, on the north line
of said Section 3, 40.67 feet to the south corner of Section 34, Township 19 North, Range 16 East; thence South 64 degrees 02 minutes 30
seconds West, 1450.68 feet to the westerly right of way line of Lake Butte Des Morts Drive; thence southerly on said westerly right of way line
on the following five courses; 1) thence South 16 degrees 11 minutes 29 seconds East, 197.29 feet; 2) thence South 10 degrees 06 minutes
17 seconds East, 364.22 feet; 3) thence southerly 167.53 feet on a non-tangential curve, concave to the east, having a radius of 2336.83 feet,
a central angle of 04 degrees 06 minutes 27 seconds, a chord bearing and distance of South 12 degrees 09 minutes 29 seconds East, 167.49
feet; 4) thence southerly 117.17 feet on a non-tangential curve, concave to the west, having a radius of 2336.83 feet, a central angle of 02
degrees 52 minutes 22 seconds, and a chord bearing and distance of South 15 degrees 38 minutes 55 seconds East, 117.16 feet; 5) thence
South 14 degrees 29 minutes 45 seconds East, 204.20 feet; thence westerly 37.51 feet on a non-tangential curve, concave to the south,
having a radius of 25.00 feet, a central angle of 85 degrees 57 minutes 50 seconds, and a chord bearing and distance of South 57 degrees 28
minutes 40 seconds West, 34.09 feet; thence westerly 28.87 feet on a non-tangential curve, concave to the north, having a radius of 230.00
feet, a central angle of 07 degrees 11 minutes 35 seconds, and a chord bearing and distance of South 83 degrees 08 minutes 12 seconds
West, 28.86 feet; thence South 86 degrees 43 minutes 59 seconds West, 13.44 feet; thence westerly 47.69 feet on a tangential curve,
concave to the south, having a radius of 220.00 feet, a central angle of 12 degrees 25 minutes 10 seconds, and a chord bearing and distance
of South 80 degrees 31 minutes 24 seconds West, 47.59 feet; thence South 74 degrees 18 minutes 49 seconds West, 6.29 feet; thence North
15 degrees 41 minutes 11 seconds West, 265.40 feet; thence South 74 degrees 18 minutes 49 seconds West, 60.22 feet; thence North 15
degrees 41 minutes 11 seconds West, 50.11 feet; thence South 74 degrees 18 minutes 49 seconds West, 130.75 feet; thence North 15
degrees 41 minutes 11 seconds West, 165.08 feet; thence North 74 degrees 18 minutes 49 seconds East, 61.00 feet; thence North 15
degrees 41 minutes 11 seconds West, 277.00 feet; thence North 74 degrees 18 minutes 49 seconds East, 145.63 feet; thence North 15
degrees 41 minutes 11 seconds West, 227.58 feet; thence North 74 degrees 18 minutes 49 seconds East, 125.63 feet; thence northeasterly
39.49 feet on a non-tangential curve, concave to the northwest, having a radius of 25.00 feet, a central angle of 90 degrees 30 minutes 18
seconds, and a chord bearing and distance of North 29 degrees 03 minutes 40 seconds West, 35.51 feet to the point of beginning.
CERTIFICATION:
I, James R. Osborne, Professional Land Surveyor, hereby certify that I have surveyed and mapped
the lands described hereon, and that this map is a representation thereof, to the best of my
knowledge and that I have complied with Chapter 236.34 of the Wisconsin State Statutes as per
agreement with Red Earth, LLC who has requested such survey.
CITY OF OSHKOSH APPROVAL CERTIFICATE
Resolved that this Certified Survey Map is hereby approved by the City of Oshkosh.
Dated this_____day of ____________, 20__.
___________________________________________________________________
Planner, Department of Community Development Printed Name
CITY OF OSHKOSH TREASURER CERTIFICATE
I hereby certify there are no unpaid taxes or special assessments on any of the land included on this Certified Survey Map.
Dated this_____day of ____________, 20__.
___________________________________________________________________
City Treasurer Printed Name
OWNERS CERTIFICATE
As owner, I hereby certify that I caused the land described herein to be surveyed, divided, mapped
and dedicated as represented on the Certified Survey Map. I also certify that this Certified Survey Map
is required to be submitted to the following for approval, the City of Oshkosh.
Dated this_____day of ____________, 20__.
___________________________________________________________________
Name Title Printed Name
State of Wisconsin )
County of __________ ) SS
Personally came before me this _____ day of ___________, 20__, the above named Owner to me
known to be the same person who executed the foregoing instrument and acknowledged the same.
(Notary Seal)_____________________ Notary Public, ____________ County, Wisconsin
My commission expires:______________________
NOTE: Field work was completed on November 2, 2022.
A
3068-8
La Crosse,
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Detail 1" = 60'
Page 9
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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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-293 Approve Preliminary Plat for the Creation of an Eight (8) Lot Multiple Family
Residential Subdivision at the West 3500-3600 Blocks of Lake Butte des Morts Drive (Lake Butte
des Morts Development) (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The area of this request includes several undeveloped/unplatted parcels totaling 66.9 acres generally
located west of the 3500-3600 Blocks of Lake Butte des Morts Drive. The property is zoned Neighborhood
Mixed Use with Planned Development Overlay (NMU-PD).
Red Earth LLC received General Development Plan (GDP) approval by the Common Council on April 11,
2023 (Resolution 23-173) for a 6-phase, 522-unit multi-family residential development. Phase 1 will split 4.76
acres of land including one right-of-way connection to Lake Butte des Morts Drive via Certified Survey
Map (CSM). The Lake Butte des Morts Development Plat which surrounds Phase 1 subdivides the area
into an additional eight (8) lots and creates a looped public road right-of-way for Phases 2 through 6. A
Specific Implementation Plan (SIP) request for Phases 2 through 6 was approved by the Common Council
on March 12, 2024 (Resolution 24-123).
The Comprehensive Plan's land use recommendation for the site is Mixed Use, which is consistent with the
proposed multi-family development. The area is surrounded by vacant/undeveloped land to the north
and south, U.S. Highway 45 to the east, and Lake Butte des Morts and the WIOUWASH State Recreation
Trail to the west. There are also several single-family uses southwest of the subject site, west of the trail.
A N A L Y SI SANALYSIS
The proposed lot sizes on the preliminary plat range greatly from 1.2 acres (Lot 8) to 17.0 acres (Lot 2). All
of the proposed lots exceed the minimum area and dimensional requirements of the NMU Zoning District
with regard to width (40 feet minimum), depth (100 feet minimum), and area (1,200 square feet per
dwelling unit minimum). The proposed 442 dwelling units for Phases 2 through 6 on the 64.7-acre area
(after deduction of the right-of-way) results in a unit density of approximately 6.8 units per acre (one unit
per 6,373 square feet), which is considered low.
Lots 1 through 5 are impacted by wetlands covering much of their areas. The wetland areas have been
mapped and are included on the preliminary plat. The wetland areas will not be disturbed during
development.
The plat will extend the 60-foot right-of-way of Olivia Road westerly. A second street connecting to Lake
Butte des Morts Drive will be dedicated (Oliver Avenue) south of the Phase 1 Development. To the west
of Phase 1, a third street bearing north-south (Blaire Boulevard) will connect with both Olivia Road and
Oliver Avenue, creating a looped roadway. This will provide public access to all phases of the proposed
development. The total length of the dedication is approximately 1,600 feet, or 0.3 miles.
City Police and Fire Departments have reviewed the preliminary plat and have not indicated any issues.
Neither department anticipates problems servicing the proposed development. The Oshkosh Area
School District has been notified of the proposed subdivision and has not responded with concerns about
being able to accommodate a potential increase in student population.
The Department of Public Works has reviewed the availability of City utilities to serve the development
and reported that City water and sanitary are available from Lake Butte des Morts Drive. Storm water
management will be located within the developable area of the site, outside of any mapped wetlands.
Civil plans including water, grading and drainage, sanitary sewer, paving, storm water, terrace tree, and
street lighting will be submitted with the final plat. The developer has been working with City staff to start
preliminary design of civil plans and ensure they meet code requirements.
The Subdivision Regulations require land dedication in the amount of 900 square feet per dwelling unit
developed within the plat created by the plat. This equates to 397,800 square feet (9.13 acres) of land
dedication based on the proposed 442 units. The Common Council may, in-lieu-of land dedication,
accept parkland fees in the amount of $165 per dwelling unit at final plat acceptance for a total of
$72,930. An additional $13,200 will be collected with the mapping of Phase I created by CSM. Additional
parkland fees of $165 per unit will be collected at building permit issuance as each phase develops.
The Park's Comprehensive Outdoor Recreation Plan does recommend a community park northwest of
USH 45. However, these parks are generally sized at 15 to 30 acres. Planning staff had discussions with
the Parks Director and determined it would be best if the City accepted fees in-lieu-of land dedication in
this case to allow the City to pool money and purchase an adequately sized tract of land in the
recommended area. This was presented to the Advisory Parks Board at their February 12, 2024, meeting.
The Board concurred with this assessment and will make a recommendation to the Common Council to
accept fees in-lieu-of of land dedication.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval, with findings, of the proposed preliminary plat on March
5, 2024. Please see the attached staff report and meeting minutes for additional information.
A t t a chment sAttachments
Res 24-293
Preliminary Plat - Lake Butte des Morts Drive Development
LBDM Revised Preliminary Plat
05/28/2024 24-293 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE PRELIMINARY PLAT FOR THE CREATION OF AN EIGHT (8) LOT MULTIPLE FAMILY RESIDENTIAL
SUBDIVISION AT THE WEST 3500-3600 BLOCKS OF LAKE BUTTE DES MORTS DRIVE
INITIATED BY : RED EARTH, LLC
PLAN COMMISSION RECOMMENDATION: Approved w/findings
BE IT RESOLVED by the Common Council of the City of Oshkosh that the preliminary plat for the creation of an
8-lot multiple family residential subdivision at the West 2500-3600 Blocks of Lake Butte Des Morts Drive know as
Lake Butte Des Morts Development is hereby approved with the following findings:
To preserve and enhance existing cities and villages, and encourage compact balanced growth
shared by, and in association with, all the region's cities and villages.
1.
To encourage the development of balanced compact communities in Winnebago County with
appropriate commercial, public services, industrial, employment, residential, and open space land
uses, meeting the needs of present and future residents of those communities.
2.
To direct new growth to those areas capable of providing a full range of urban services and facilities.3.
To prevent scattered and noncontiguous development without discouraging new and desirable
development.
4.
To ensure that new development will not be detrimental to the physical, social, and economic
wellbeing of residents of the City or the County.
5.
To ensure that new development will be organized and timed so as to permit urban services and
facilities to be provided as economically and efficiently as possible.
6.
To discourage new developments in those areas that are premature in terms of planning and timing for
the provision of adequate public services and facilities.
7.
To preserve high quality agricultural lands for that purpose.8.
1
ITEM: PRELIMINARY PLAT FOR THE CREATION OF AN 8-LOT MULTI-FAMILY
RESIDENTIAL SUBDIVISION AT THE WEST 3400-3500 BLOCKS OF LAKE
BUTTE DES MORTS DRIVE (LAKE BUTTE DES MORTS DEVELOPMENT)
Plan Commission meeting of March 5, 2024.
GENERAL INFORMATION
Applicant: Claire Roth - ISG, Inc.
Owner: Red Earth, LLC
Action Requested:
The applicant is requesting approval of a preliminary plat containing 8 multi-family residential
lots and street dedications identified as Lake Butte des Morts Development.
Applicable Ordinance Provisions:
Requirements governing platting are located within Article XIII, Subdivisions; Sections 30-441
through 30-446 of the Zoning Ordinance.
Property Location and Background Information:
The area of this request includes several
undeveloped/unplatted parcels totaling 66.9 acres
generally located west of Lake Butte des Morts
Drive. The property is zoned Neighborhood
Mixed Use with Planned Development Overlay
(NMU-PD).
Red Earth LLC received General Development
Plan (GDP) approval by the Common Council on
April 11, 2023 (Resolution 23-173) for a 6-phase,
522-unit multi-family residential development.
Phase 1 will split 4.76 acres of land including two
right-of-way connections to Lake Butte des Morts
Drive via Certified Survey Map (Item I). The Lake
Butte des Morts Development Plat which
surrounds Phase 1 subdivides the area into an
additional eight lots and creates a looped public
road right-of-way for Phases 2 through 6. A
Specific Implementation Plan (SIP) request for
Phases 2 through 6 has also been submitted for
review (Item III).
Subject Site – Proposed Plat and CSM
The Comprehensive Plan’s land use recommendation for the site is Mixed Use which is consistent
with the proposed multi-family development. The area is surrounded by vacant/undeveloped
land to the north and south, U.S. Highway 45 to the east and Lake Butte des Morts and the
WIOUWASH State Recreation Trail to the west. There are also several single-family uses
southwest of the subject site, west of the trail.
Subject Site
Existing Land Use Zoning
Undeveloped/Agricultural Neighborhood Mixed Use with Planned
Development Overlay (NMU-PD)
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Undeveloped/Agricultural Single Family Residential-5 (SR-5)
South Undeveloped/Agricultural General Business District (B-3, Town of
Oshkosh)
East US Highway 45 NA
West Single Family Residential General Agriculture District (A-2, Town of
Oshkosh)
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Mixed-Use
ANALYSIS
The proposed lot sizes range greatly from 1.2 acres
(Lot 8) to 17.0 acres (Lot 2). All of the proposed lots
exceed the minimum area and dimensional
requirements of the NMU Zoning District in regard to
width (40 feet minimum), depth (100 feet minimum)
and area (1,200 square feet per dwelling unit
minimum). The proposed 442 dwelling units for
Phases 2 through 6 on the 64.7-acre area (after
deduction of the right-of-way) results in a unit density
of approximately 6.8 units per acre (one unit per 6,373
square feet) which is considered low.
Lots 1 through 5 are impacted by wetlands covering
much of the Lots’ areas. The wetland areas have been
mapped and are included on the preliminary plat.
Proposed Preliminary Plat
The wetland areas will not be disturbed during development.
The plat will extend the 60-foot rights-of-way of both Oliver Avenue and Olivia Road westerly. A
loop will be created with a north-south segment to be named Blair Boulevard. This will provide
public access to all phases of the proposed development. The total length of the dedication is
approximately 1,600 feet or 0.3 miles.
City Police and Fire Departments have reviewed the preliminary plat and have not indicated any
issues. Both departments do not anticipate problems servicing the proposed development. The
Oshkosh Area School District has been notified of the proposed subdivision and has not
responded with concerns about being able to accommodate a potential increase in student
population.
Engineering & Storm Water
The Department of Public Works has reviewed availability of City utilities to serve the
development and reported that City water and sanitary are available from Lake Butte des Morts
Drive. Storm water management will be located within the developable area of the site, outside
of any mapped wetlands.
Civil plans including water, grading and drainage, sanitary sewer, paving, storm water, terrace
tree, and street lighting will be submitted with the final plat. The developer has been working
with City Staff to start preliminary design of civil plans and ensure they meet code requirements.
Parkland Dedication
The Subdivision Regulations require land dedication in the amount of 900 square feet per each
dwelling unit developed within the plat created by the plat. This equates to 397,800 square feet
(9.13 acres) of land dedication based on the proposed 442 units. The Common Council may, in-
lieu-of land dedication, accept parkland fees in the amount of $165 per dwelling unit at final plat
acceptance for a total of $72,930. An additional $13,200 can be collected with the mapping of
Phase I created by Certified Survey Map. Additional parkland fees of $165 per unit would be
collected at building permit issuance as each phase develops.
The Park’s Comprehensive Outdoor Recreation Plan does recommend a community park
northwest of USH 45. However, these parks are generally sized at 15 to 30 acres. Planning staff
had discussions with the Parks Director and determined it would be best if the City accepted fees
in-lieu of in this case to allow the City to pool money and purchase an adequate-sized tract of
land in this area. This recommendation was presented to the Advisory Parks Board at their
February 12, 2024 meeting. The Board concurred with this assessment and will make a
recommendation to the Common Council to accept fees in-lieu of in place of land dedication.
FINDINGS/RECOMMENDATIONS/CONDITIONS
In its review and recommendation to the Common Council on an application for a Preliminary
Plat, staff recommends the Plan Commission consider findings based on Subdivision Policies
established by Chapter 30-442(M)(3):
(a) To preserve and enhance existing cities and villages, and encourage compact
balanced growth shared by, and in association with, all the region's cities and
villages.
(b) To encourage the development of balanced compact communities in Winnebago
County with appropriate commercial, public services, industrial, employment,
residential, and open space land uses, meeting the needs of present and future
residents of those communities.
(c) To direct new growth to those areas capable of providing a full range of urban
services and facilities.
(d) To prevent scattered and noncontiguous development without discouraging new
and desirable development.
(e) To ensure that new development will not be detrimental to the physical, social,
and economic wellbeing of residents of the City or the County.
(f) To ensure that new development will be organized and timed so as to permit
urban services and facilities to be provided as economically and efficiently as
possible.
(g) To discourage new developments in those areas that are premature in terms of
planning and timing for the provision of adequate public services and facilities.
Staff recommends approval of the 8-lot Preliminary Plat, Lake Butte des Morts Development as
proposed.
Plan Commission recommends approval of the 8-lot Preliminary Plat, Lake Butte des Morts
Development with the findings on March 5, 2024. The following is Plan Commission’s discussion
on the item.
Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Mr. Ulrich, Mr. Kiefer, and Mr. Perry
reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting approval of a preliminary plat containing 8 multi-family residential
lots and street dedications identified as Lake Butte des Morts Development.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The area of this request includes several
undeveloped/unplatted parcels totaling 66.9 acres generally located west of Lake Butte des Morts
Drive. The property is zoned Neighborhood Mixed Use with Planned Development Overlay
(NMU-PD).
Red Earth LLC received General Development Plan (GDP) approval by the Common Council on
April 11, 2023 (Resolution 23-173) for a 6-phase, 522-unit multi-family residential development.
Phase 1 will split 4.76 acres of land including two right-of-way connections to Lake Butte des
Morts Drive via Certified Survey Map (Item I). The Lake Butte des Morts Development Plat
which surrounds Phase 1 subdivides the area into an additional eight lots and creates a looped
public road right-of-way for Phases 2 through 6.
The Comprehensive Plan’s land use recommendation for the site is Mixed Use which is consistent
with the proposed multi-family development. The area is surrounded by vacant/undeveloped
land to the north and south, U.S. Highway 45 to the east, and Lake Butte des Morts and the
WIOUWASH State Recreation Trail to the west. There are also several single-family uses
southwest of the subject site, west of the trail.
The proposed lot sizes range greatly from 1.2 acres (Lot 8) to 17.0 acres (Lot 2). All of the
proposed lots exceed the minimum area and dimensional requirements of the NMU Zoning
District in regard to width (40 feet minimum), depth (100 feet minimum), and area (1,200 square
feet per dwelling unit minimum). The proposed 442 dwelling units for Phases 2 through 6 on the
64.7-acre area (after deduction of the right-of-way) results in a unit density of approximately 6.8
units per acre (one unit per 6,373 square feet) which is considered low. Lots 1 through 5 are
impacted by wetlands covering much of the Lots’ areas. The wetland areas have been mapped
and are included on the preliminary plat. The wetland areas will not be disturbed during
development.
The plat will extend the 60-foot rights-of-way of both Oliver Avenue and Olivia Road westerly. A
loop will be created with a north-south segment to be named Blair Boulevard. This will provide
public access to all phases of the proposed development. The total length of the dedication is
approximately 1,600 feet or 0.3 miles.
City Police and Fire Departments have reviewed the preliminary plat and have not indicated any
issues. Both departments do not anticipate problems servicing the proposed development. The
Oshkosh Area School District has been notified of the proposed subdivision and has not
responded with concerns about being able to accommodate a potential increase in student
population.
The Department of Public Works has reviewed availability of City utilities to serve the
development and reported that City water and sanitary are available from Lake Butte des Morts
Drive. Storm water management will be located within the developable area of the site, outside
of any mapped wetlands.
Civil plans including water, grading and drainage, sanitary sewer, paving, storm water, terrace
tree, and street lighting will be submitted with the final plat. The developer has been working
with City Staff to start preliminary design of civil plans and ensure they meet code requirements.
The Subdivision Regulations require land dedication in the amount of 900 square feet per each
dwelling unit developed within the plat created by the plat. This equates to 397,800 square feet
(9.13 acres) of land dedication based on the proposed 442 units. The Common Council may, in-
lieu-of land dedication, accept parkland fees in the amount of $165 per dwelling unit at final plat
acceptance for a total of $72,930. An additional $13,200 can be collected with the mapping of
Phase I created by Certified Survey Map. Additional parkland fees of $165 per unit would be
collected at building permit issuance as each phase develops.
The Park’s Comprehensive Outdoor Recreation Plan does recommend a community park
northwest of USH 45. However, these parks are generally sized at 15 to 30 acres. Planning staff
had discussions with the Parks Director and determined it would be best if the City accepted fees
in-lieu of in this case to allow the City to pool money and purchase an adequate-sized tract of
land in this area. This recommendation was presented to the Advisory Parks Board at their
February 12, 2024 meeting. The Board concurred with this assessment and will make a
recommendation to the Common Council to accept fees in-lieu of land dedication.
Staff recommends approval of the 8-lot Preliminary Plat as proposed.
Mr. Perry opened up technical questions to staff.
Ms. Propp wanted to review where the wetlands are.
Mr. Nau showed where the wetland area is, using the maps.
Ms. Scheuermann wanted to know if parkland dedication was discussed in the past. She also
wanted to know if there was a timeline for a park in the area.
Mr. Lyons stated it is done during the platting process. Parkland dedication would have been
approximately 10-acres in this case, which would not be big enough to meet the needs of all of the
residents in the area. The area north of Ryf Road is a growth area for single family residential in
the city. To accommodate the whole area, not just the apartments, there is a need for a
community park in this area.
Parks is currently updating the Comprehensive Outdoor Recreation Plan (CORP). Once that is
completed, Council has approved us to have a consultant do an impact fee study. This is because
one of the issues we have is our land dedication, and our fee in-lieu of, barely cover land
acquisition cost. That leaves nothing for any actual park development. Council wants to see
what it would take to appropriately develop our park system based on the needs of our
community. Having land for a park is great, but unless you have the money to build the park
you are not impacting the area or accomplishing the goal.
Mr. Kiefer wanted to know if sidewalks are required.
Mr. Lyons stated there would be internal sidewalks. He thinks, along Lake Butte des Morts
Drive, there will need to be grading done so sidewalks can be put in when appropriate.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Dan O’Callaghan is appearing on behalf of the applicant, Red Earth LLC. Jake and Brian Buswell
are with him and they are all available to answer any questions.
Mr. Perry asked if other members of the public wished to speak.
Jim Erdman, 2492 Hickory Lane in Oshkosh, also chairs the Town of Oshkosh Board. There were
previous meetings here with a lot of opposition to this whole project in this wetland area, but that
has passed. This whole project is going to be very stark. It is in the middle of a wetland area. It
is going to be a distraction for the US 41/45 interchange. The project is sitting at a watershed that
goes back many miles, a lot of farm land, goes up, and this is the outfall. The outfall is a fishing
and wildlife area. Where in this project is the public going to have any access to the wetland
outfall or watershed outfall, to put a canoe in or something.
Mr. Perry closed public comments.
There was no closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0
Staff ______ Date Rec’d ______
City of Oshkosh Application
Subdivision & Certified Survey Map
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: _________________________________________________________________________________ Date: ____________
Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Fax: ( ) __________________ Other Contact # or 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 #: ( ) _________________ Fax: ( ) __________________ Other Contact # or 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: ____________
SUBDIVISION INFORMATION
(Please Check): Residential Commercial/Industrial Other
Approvals Requested (Please Check): Preliminary Subdivision Plat* Final Subdivision Plat Certified Survey Map
*If preliminary plat, is the entire area owned or controlled by subdivider included? Yes____ No____
Location of Proposed Project: _________________________________________________________________________________
Zoning Classification: _________________________________________________________________________________________
Reason for Division: __________________________________________________________________________________________
Proposed Number of Lots: _________________ Proposed Lot Sizes: Min. ___________ Max. ____________ Average ___________
Acres in Parcel(s): ____________________________________________________________________________________________
Proposed Project Type (include use of buildings and property):
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
Current Use of Property (include existing structures):
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903-1130
PHONE: (920) 236-5059
7900 International Dr, Suite 550 Bloomington MN 55425
952 426-0699 Claire.Roth@ISGInc.com
Claire Roth - ISG Inc. (on behalf of owner)01/22/2024
01/22/2024
Red Earth LLC. (Contact: Jacob Buswell)
1310 West Wisconsin St Sparta WI 54656
262 623-8348 jake.buswell@allamericandoitcenter.com
01/22/2024
Agricultural / vacant
Multi-family residential development with the option to move to mixed use in future through the addition of commercial
space.
8
Lake Butte Des Morts Drive
Neighborhood Mixed Use District with Planned Development Overlay (NMU-PD)
Development of multi-family housing development to include approximately 350 - 400 apartments, 20
townhomes, a clubhouse and several additional amenities
DocuSign Envelope ID: 23447A38-982E-4B5D-BB1A-C6CCD3BF5475
1/18/2024
1.16 AC 16.98 AC 8.19 AC
65.55 acres total. Refer to plans for respective lot sizes.
Page 5
2
Significant Natural Amenities (slope, vegetation, large tree stands, etc.):
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
Floodplains, navigable streams, wetlands, and Other Development Restrictions:
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
Variances- List and explain any requested variances from the Subdivision Regulations:
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
**Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
SUBMITTAL REQUIREMENTS – Must accompany the application to be complete.
Basic Materials
Completed Application
Legal Description of Site
Twenty-Six (26) full size paper prints of the preliminary or final plat prepared in accordance with City Subdivision
Regulations
One copy of the subdivision plat reduced to 8 ½” x 11”
One copy of the Certified Survey Map
Digital Copy of Preliminary Plat, Final Plat, or CSM in Autocad 2000 format (plans may be e-mailed to the Planning
Office)
Plat Data
Title
Legal description and general location of property
Date, scale and north arrow
Names and addresses of the owner, subdivider, and land surveyor preparing the plat
Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the
preliminary plat
Exterior boundaries
Contours
Water elevations
Location, rights-of-way widths and names
Location and names of any adjacent subdivisions
Type, width and elevation of existing street pavements within the plat or adjacent thereto
Location, size, and invert elevation of existing infrastructure items such as sewers, manholes, power poles, etc.
Locations of all existing property boundary lines
Dimensions of all lots with proposed lot and block numbers
Location and dimensions of any sites to be reserved or dedicated for parks, trails, playgrounds, drainage ways, or
other public use, or which are to be used for group housing, shopping centers, church sites, or other non-public uses
not requiring lotting
Approximate radii of all curves
Corporate limit lines
Any proposed lake and/or stream access
Any proposed lake and stream including the notice of application for Dept. of Natural Resources’ approval, when
applicable
Location of environmentally sensitive areas (wetlands, floodplains, navigable streams, etc.)
For further information see Section 30-72 of City of Oshkosh Subdivision Regulations for Submittal Requirements
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/
N/A
Wetlands and floodplain are present on site around the existing farmland and are depicted on the plat.
Existing site use is agricultural, constituted of tillable acreage with the remainder being existing wetland.
DocuSign Envelope ID: 23447A38-982E-4B5D-BB1A-C6CCD3BF5475
Page 6
JANUARY 22, 2024
Mark Lyons
Planning Services Manager – Community Development
215 Church Ave
Oshkosh, WI 54901
mlyons@ci.oshkosh.wi.us
7900 International Drive + Suite 550 + Bloomington, MN 55425
952.426.0699 + ISGInc.com
Architecture + Engineering + Environmental + Planning
RE: SIP & PRELIM PLAT PROJECT NARRATIVE
LAKE BUTTE DE S MORTS DEVELOPMENT PHASES 2 – 6 - OSHKOSH, WI
Mark,
Thank you for reviewing the following Specific Implementation Plan (SIP) and Preliminary Plat narrative for phases 2 – 6 of the
Lake Butte Des Morts development. The site location is currently zoned NMU-PD. Surrounding area to the east and to the south
consists of the Interstate 41/U.S. Highway 45 interchange, Lake Butte des Morts to the west and vacant tracts of land to the
north. The only nearby development is lakefront residential housing to the southwest.
PROJECT DESCRIPTION
In 2023, a GDP was granted for Phases 1 – 6 of the Lake Butte des Morts development and an SIP was granted for phase 1 of
the development at the west 3400 block of Lake Butte des Morts Drive which included two 40-unit apartments and a
clubhouse. This SIP and Preliminary Plat request is specific to the remaining phases of the development, Phases 2 – 6. This will
include five additional 82-unit apartment buildings, and eight 4-unit townhomes, totaling to 442 additional units. Phases 2 – 6
total to 65.55 acres of land and have a proposed unit density of 6.7 units/acre. Additionally, the project will consist of a 2.19
acres of Public Right-of-Way containing a City street looping through the development, providing public water and sanitary mains
for the proposed building services. An anticipated phasing plan is included with the site plan submittal. It is anticipated that
phases 2-6 will be constructed over the next 12-15 years.
Due to the unique makeup of buildings and proposed density, the site was rezoned to include a Planned Development to
minimize the need for conditional uses and variances required within a typical residential zoning district (MR-36) such as
minimum lot area, impervious surface ratio, setbacks, building height, and number of units per building. The PDD also allows
future flexibility for the development. The proposed SIP for phases 2 – 6 is consistent with the approved GDP and does not
differ between the requirements of the approved GDP.
Parking
Both underground and exterior parking will be provided on site. The site proposes 645 total stalls including 390 parking spaces
located underground in the 82 unit buildings, 191 spaces in designated parking lots, and 64 Townhome garage parking; the
total proposed parking count is 645 stalls. This equates to a proposed 1.46 stalls/unit and meets the requirements of the City
parking code (466 stalls required). Additional parking was included with Phase I to be used by the entire development and
overflow parking will be allowed on one side of the City street.
Density, Intensity, and Bulk Regulations
The project will be subdivided into different lots corresponding to each phase. The proposed minimum lot size is 1.16 acres (Lot
8), maximum size is 16.68 acres (Lot 2), and the average lot size is 8.19 acres. The lots corresponding to each phase are
indicated in the table below, along with the lot sizes.
Phase / Lot Phase 2 Phase 3 Phase 4 Phase 5 Phase 6
Lot 1 Lot 2 Lot 8 Lot 3 Lot 7 Lot 4 Lot 6 Lot 5
Lot Area (acres) 11.99 16.98 1.16 6.49 1.76 15.97 2.12 9.09
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Information on the areas of all development lots, building coverage, and landscaping surface area ratio of all land uses is
included in the attached plan sets. As the site is developed there may need to be flexibility on the order of phases and have
each building on a separate lot to meet the needs of the development. Anticipated phasing plan is included with the submitted
site plans for reference.
Landscaping, Site Drainage, and Connectivity
The overall landscape plan offers many different features including shade, color, structure, and screening. A traditional low
maintenance planting plan consisting of native deciduous and evergreen plantings that will compliment architectural features
and enhance new spaces has been developed and included. Native trees will be interspersed throughout the site to create a
shaded canopy for residents and increase the tree canopy density of the site. Less yard trees than required within the Oshkosh
landscape code have been proposed. Refer to code tables on subsequent landscape plan sheets. Due to the square footage of
the 82 unit buildings the required yard landscaping exceeds the functional constraints of the site. The required quantity of trees
would detract from the designed aesthetics and reduce visibility across the site. Also, due to the edges of the buildable area
being frequently wet and sloped this detracts from placement of further landscape elements.
Site drainage and grading will consider overall site features (existing and proposed) ensuring all elements work together to
create an effective drainage plan. All stormwater is to be seeded with native seed mixes adding to enhance the overall aesthetic
of the site. Additional areas of native seeding will also be provided to provide water quality improvements, wildlife habitat
including wildflowers for pollinators.
A network of sidewalks will offer many values including connectivity and exercise opportunities throughout the site. A connection
to the existing Wiouwash Trail will be made at the southwest end of the proposed development. Separate lake access and
Kayak storage will offer residents the opportunity to take advantage of Lake Butte Des Morts. A sidewalk is currently not
available to connect to along Lake Butte Des Morts Drive, but site grading will take into consideration the possibility of one
being added at a future date. Site amenities throughout the development include open lawn space and trails, several fenced
dog parks, a pickleball/basketball court, grilling area, fire features, outdoor pool, and clubhouse.
Equipment and Signage
There will not be any outdoor storage and refuse disposal areas, as these are contained within each building. The exterior
mechanical systems will be determined during the design-build process for the respective systems and cannot be located at this
time. It is intended to design them into the buildings, so they blend in or are screened with landscaping.
A signage plan has not been included with the submission. Currently, the plan sets show a monument sign. As this is a primarily
residential development, minimal additional signage is anticipated, aside from address numbers on the buildings.
Development Themes and Aesthetics
The overall aesthetic of the site is to incorporate traditional architectural elements with an integrated landscape plan, as noted
above. Images of the proposed buildings are included on the following pages and renderings are also attached to this
submission.
Agreements, Bylaws, Covenants
The project will require a developer’s agreement between Red Earth LLC and the City of Oshkosh. The property will be owned
and maintained by Red Earth LLC following completion of the construction. Additional bylaws and covenants can be provided by
Red Earth LLC at a later date.
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Please contact me at 952.426.0699 or via email at Claire.Roth@ISGInc.com with any questions or if there is any additional
information we can provide in support of this project.
Sincerely
Claire Roth
Development Services Coordinator
Claire.Roth@ISGInc.com
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Page 14
Page 15
GFO
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T/C=756.62
EX CB
I=751.17 (12" RCP) N
I=751.17 (12" RCP) E
I=751.12 (12" RCP) W
I=750.02 SUMP
T/C=756.61
EX CB
I=751.36 (12" RCP) S
I=750.31 SUMP
T/C=761.02
EX CB
I=755.52 (12" RCP) E
I=755.52 (12" RCP) W
I=754.62 (" ) SUMP
T/C=760.45
EX CB
I=754.85 (12" RCP) E
I=753.95 SUMP
T/C=759.12
EX CB
I=753.63 (12" RCP) E
I=752.63 SUMP
T/C=758.29
EX CB
I=752.59 (12" RCP) N
I=751.79 (" ) SUMP
T/C=758.31
EX CB
I=752.61 (12" RCP) S
I=752.46 (12" RCP) E
I=751.21 (" ) SUMP
T/C=759.26
EX CB
I=749.86 (24" RCP) S
I=749.76 (24" RCP) NW
I=
7
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9
.
5
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I=755.02
I=752.33
I=750.64
T/C=759.75
EX CB
I=753.55 (12" RCP) W
T/C=761.62
EX CB
I=755.98 (12" RCP) E
I=754.58 SUMP
I=751.31
S
2
6
°
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7
'
1
2
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2
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9
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3
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9
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E
8
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N6° 18' 43"W
N
1
6
°
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1
'
2
9
"
W
5
3
5
.
6
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N15° 21' 37"W
L=402.67
R=7
5
8
.
5
1
Δ=30°25'0
0
"
C=397.96
N09°19
'
0
8
"
E
TI=N24°31'38"E
TO=N5
°5
3
'
2
2
"
W
N2
9
°
4
8
'
4
1
"
E
25
7
.
6
8
L=30.03 R=1064.93
Δ=1°36'57"
C=30.03 N27°26'49"E
TI=S26°38'21"W TO=S28°15'17"W
S74°18'
4
9
"
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7
1
9
.
5
5
4
2
7
.
6
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L10
L4
L
5
L6
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7
L8
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3
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1
5
°
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1
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9
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425.68
1
3
1
7
.
6
5
59
.
3
4
S89°26'20"W 1465.51 S89°45'24"W
40.67N Line - NW 1/4
S Corner
Sec. 34, Twp. 19, Rge. 16
Found Spike
Winnebago County, WI
N Corner
Sec. 3, Twp. 18, Rge. 16
Found Spike
Winnebago County, WI
N Line - NW 1/4
P.O.B.
NW Corner
Sec. 3, Twp. 18, Rge. 16
Computed Position
Winnebago County, WI
W
'
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L
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4
5
3
2
1
8
7
6
SEE SHEET 2 FOR DETAIL
N
1
4
°
2
9
'
4
5
"
W
3
4
9
.
2
3
N81° 59' 43"E
4
8
5
.
0
2
SEE SHEET 2
FOR DIMENSIONS
P.O.B.
W
L
i
n
e
-
N
W
1
/
4
-
N
W
1
/
4
N
E
'
r
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L
i
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-
W
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b
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C
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R
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a
t
i
o
n
a
l
T
r
a
i
l
W'rly Line - Lake
Butte Des Morts Dr
SE Most Corner
CSM
L
3
L
1
1
SEE SHEET 2
FOR DIMENSIONS
Corporate Limits - Town/City of Oshkosh
Corporate Limits
Town/City of Oshkosh
W
E
T
WET
W
E
T
WE
T
W
E
T
W
E
T
WET WE
T
S74°18'
4
9
"
W
5
7
2
.
1
0
102.63
S15°41'11"E
Edge of Wet Area
S89° 26' 20"W 1176.61
S
0
6
°
1
8
'
4
3
"
E
33
.
1
7
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
LENGTH
37.51'
28.87'
47.69'
39.49'
224.69'
3.85'
220.85'
120.99'
39.40'
29.95'
102.10'
54.98'
54.98'
102.10'
80.85'
21.25'
RADIUS
25.00'
230.00'
220.00'
25.00'
130.00'
130.00'
130.00'
70.00'
250.00'
190.00'
130.00'
70.00'
70.00'
130.00'
130.00'
130.00'
DELTA
85°57'50"
7°11'35"
12°25'10"
90°30'18"
99°01'49"
1°41'43"
97°20'06"
99°01'49"
9°01'49"
9°01'49"
45°00'00"
45°00'00"
45°00'00"
45°00'00"
35°38'05"
9°21'55"
CHORD BEARING
N57°28'40"W
S83°08'12"W
S80°31'24"W
N29°03'40"E
N56°10'16"W
S75°09'41"W
S55°19'24"E
N56°10'16"W
N11°10'16"W
N11°10'16"W
S6°48'49"W
S6°48'49"W
N51°48'49"E
S51°48'49"W
S47°07'52"W
S69°37'52"W
CHORD LENGTH
34.09'
28.86'
47.59'
35.51'
197.75'
3.85'
195.23'
106.48'
39.36'
29.91'
99.50'
53.58'
53.58'
99.50'
79.56'
21.23'
TANGENT IN
N14°29'45"W
S79°32'25"W
S86°43'59"W
N16°11'29"W
N74°18'49"E
N74°18'49"E
S6°39'21"E
S74°18'49"W
N6°39'21"W
S6°39'21"E
S29°18'49"W
N29°18'49"E
N29°18'49"E
S74°18'49"W
S64°56'55"W
S74°18'49"W
TANGENT OUT
S79°32'25"W
S86°43'59"W
S74°18'49"W
N74°18'49"E
S6°39'21"E
N76°00'33"E
N76°00'33"E
N6°39'21"W
N15°41'11"W
S15°41'11"E
S15°41'11"E
N15°41'11"W
N74°18'49"E
S29°18'49"W
S29°18'49"W
S64°56'55"W
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
LENGTH
13.44
6.29
265.40
60.22
50.11
130.75
165.08
61.00
277.00
145.63
227.58
125.63
DIRECTION
S86°43'59"W
S74°18'49"W
N15°41'11"W
S74°18'49"W
N15°41'11"W
S74°18'49"W
N15°41'11"W
N74°18'49"E
N15°41'11"W
S74°18'49"W
N15°41'11"W
N74°18'49"E
AREA TABLE
LOT #
1
2
3
4
5
6
7
8
AREA (SQ FT)
498,935.89
724,359.68
282,822.04
695,508.97
396,056.75
92,397.52
76,829.86
50,396.47
AREA (AC)
11.45
16.63
6.49
15.97
9.09
2.12
1.76
1.16
27584 PPLAT
DATE
REVISION SCHEDULE
DESCRIPTION BY
SHEET
TITLE
PROJECT
WITHOUT PRIOR WRITTEN CONSENT.
INC. AND MAY NOT BE USED, COPIED OR DUPLICATED
THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,
PROJECT NO.
FILE NAME
DESIGNED BY
ORIGINAL ISSUE DATE
DRAWN BY
CLIENT PROJECT NO.
REVIEWED BY
FI
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22-27584
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OSHKOSH WISCONSIN
PRELIMINARY
PLAT0
SCALE IN FEET
200 400
JRO
LAKE BUTTE DES
MORTS
DEVELOPMENT
SEC. 3, TWP. 18N, RGE. 16E
VICINITY MAP
(NOT TO SCALE)
Winnebago County, Wisconsin
NW
1
/
4
SE
1
/
4
SW
1
/
4
NE
1
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4
3
"LAKE BUTTE DES MORTS DEVELOPMENT"
Located in the NW 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 and the SW 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4 and the NW 1/4 of the SW 1/4 of Section 3,
Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
LAND DESCRIPTION
That part of the Northwest Quarter of the Northwest Quarter and the Southwest Quarter of the Northwest Quarter and the Southeast Quarter of the
Northwest Quarter and the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 3, Township 18
North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, described as follows:
Commencing at the north corner of said Section 3; thence South 89 degrees 45 minutes 24 seconds West, assumed bearing, on the north line
of said Northwest Quarter, 40.67 feet to the south corner of Section 34, Township 19 North, Range 16 West; thence continuing on said north line
South 89 degrees 26 minutes 20 seconds West, 1465.51 feet to the westerly line of Lake Butte Des Morts Drive; thence South 06 degrees 18
minutes 43 seconds East on said westerly line, 33.17 feet to a line parallel with and 33.00 feet southerly of said north line, said point being the
point of beginning; thence South 89 degrees 26 minutes 20 seconds West on said parallel line, 1176.61 feet to the west line of said Northwest
Quarter of the Northwest Quarter; thence South 01 degrees 15 minutes 19 seconds East on the west line of said Northwest Quarter of the
Northwest Quarter, 870.80 feet to the northeasterly line of Winnebago County Recreational Trail; thence South 26 degrees 57 minuets 12
seconds East on said northeasterly line, 2189.32 feet; thence North 81 degrees 59 minutes 43 seconds East, 485.02 feet to the westerly line of
Lake Butte Des Morts Drive; thence northeasterly and northerly on said westerly line on the following 5 courses; 1) thence northeasterly 30.03
feet along a non-tangential curve, concave to the southeast, having a radius of 1064.93 feet, a central angle of 01 degrees 36 minutes 57
seconds, and a chord bearing and distance of North 27 degrees 26 minutes 49 seconds East, 30.03 feet; 2) thence North 29 degrees 48
minutes 41 seconds East, 257.68 feet; 3) thence northerly 402.67 feet on a non-tangential curve, concave to the west, having a radius of 758.51
feet, a central angle of 30 degrees 25 minutes 00 seconds, and a chord bearing and distance of North 09 degrees 19 minutes 08 seconds East,
397.96 feet; 4) thence North 15 degrees 21 minutes 37 seconds West, 147.34 feet; 5) thence North 14 degrees 29 minutes 45 seconds West,
349.23 feet to the southeastern most corner of Certified Survey Map Number _____ recorded as Document Number ______; thence westerly
and northerly along said Certified Survey Map on the following 16 courses; 1) thence westerly 37.51 feet on a non-tangential curve, concave to
the south, having a radius of 25.00 feet, a central angle of 85 degrees 57 minutes 50 seconds, and a chord bearing and distance of North 57
degrees 28 minutes 40 seconds West, 34.09 feet; 2) thence westerly 28.87 feet on a non-tangential curve, concave to the north, having a radius
of 230.00 feet, a central angle of 07 degrees 11 minutes 35 seconds, and a chord bearing and distance of South 83 degrees 08 minutes 12
seconds West, 28.86 feet; 3) thence South 86 degrees 43 minutes 59 seconds West, 13.44 feet; 4) thence westerly 47.69 feet on a tangential
curve, concave to the south, having a radius of 220.00 feet, a central angle of 12 degrees 25 minutes 10 seconds, and a chord bearing and
distance of South 80 degrees 31 minutes 24 seconds West, 47.59 feet; 5) thence South 74 degrees 18 minutes 49 seconds West, 6.29 feet; 6)
thence North 15 degrees 41 minutes 11 seconds West, 265.40 feet; 7) thence South 74 degrees 18 minutes 49 seconds West, 60.22 feet; 8)
thence North 15 degrees 41 minutes 11 seconds West, 50.11 feet; 9) thence South 74 degrees 18 minutes 49 seconds West, 130.75 feet; 10)
thence North 15 degrees 41 minutes 11 seconds West, 165.08 feet; 11) thence North 74 degrees 18 minutes 49 seconds East, 61.00 feet; 12)
thence North 15 degrees 41 minutes 11 seconds West, 277.00 feet; 13) thence North 74 degrees 18 minutes 49 seconds East, 145.63 feet; 14)
thence North 15 degrees 41 minutes 11 seconds West, 227.58 feet; 15) thence North 74 degrees 18 minutes 49 seconds East, 125.63 feet; 16)
thence northeasterly 39.49 feet on a non-tangential curve, concave to the northwest, having a radius of 25.00 feet, a central angle of 90
degrees 30 minutes 18 seconds, and a chord bearing and distance of North 29 degrees 03 minutes 40 seconds East, 35.51 feet to said westerly
line of Lake Butte Des Morts Drive; thence North 16 degrees 11 minutes 29 seconds West on said westerly line, 535.66 feet; thence North 06
degrees 18 minutes 43 seconds West on said westerly line, 73.70 feet to the point of beginning.
OBJECTING AUTHORITIES:
Department of Administration
APPROVING AUTHORITIES:
City of Oshkosh
OWNERS / DEVELOPERS:
Red Earth, LLC
SURVEYOR:
ISG
201 Main Street, Ste. 1020
La Crosse, WI 54601
(608)-789-2034
EXISTING PROPERTY:
(Per City of Oshkosh GIS Website)
ZONED:NMU-PD (Neighborhood Mixed Use Planned Development)
BEARING NOTE:
The orientation of this bearing system is based on the north line of the
NW 1/4 of Sec. 3, Twp. 18N, Rge. 816E. Said line bears North 89 degrees
26 minutes 20 seconds East.
2024-01-05
1 OF 2
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4
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4
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4
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168.84
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4
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1
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4
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2
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8
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3
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L2 C3 L1 C2 C
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L12
1
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3
0
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2
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1
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62
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4
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E
3
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CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
LENGTH
37.51'
28.87'
47.69'
39.49'
224.69'
3.85'
220.85'
120.99'
39.40'
29.95'
102.10'
54.98'
54.98'
102.10'
80.85'
21.25'
RADIUS
25.00'
230.00'
220.00'
25.00'
130.00'
130.00'
130.00'
70.00'
250.00'
190.00'
130.00'
70.00'
70.00'
130.00'
130.00'
130.00'
DELTA
85°57'50"
7°11'35"
12°25'10"
90°30'18"
99°01'49"
1°41'43"
97°20'06"
99°01'49"
9°01'49"
9°01'49"
45°00'00"
45°00'00"
45°00'00"
45°00'00"
35°38'05"
9°21'55"
CHORD BEARING
N57°28'40"W
S83°08'12"W
S80°31'24"W
N29°03'40"E
N56°10'16"W
S75°09'41"W
S55°19'24"E
N56°10'16"W
N11°10'16"W
N11°10'16"W
S6°48'49"W
S6°48'49"W
N51°48'49"E
S51°48'49"W
S47°07'52"W
S69°37'52"W
CHORD LENGTH
34.09'
28.86'
47.59'
35.51'
197.75'
3.85'
195.23'
106.48'
39.36'
29.91'
99.50'
53.58'
53.58'
99.50'
79.56'
21.23'
TANGENT IN
N14°29'45"W
S79°32'25"W
S86°43'59"W
N16°11'29"W
N74°18'49"E
N74°18'49"E
S6°39'21"E
S74°18'49"W
N6°39'21"W
S6°39'21"E
S29°18'49"W
N29°18'49"E
N29°18'49"E
S74°18'49"W
S64°56'55"W
S74°18'49"W
TANGENT OUT
S79°32'25"W
S86°43'59"W
S74°18'49"W
N74°18'49"E
S6°39'21"E
N76°00'33"E
N76°00'33"E
N6°39'21"W
N15°41'11"W
S15°41'11"E
S15°41'11"E
N15°41'11"W
N74°18'49"E
S29°18'49"W
S29°18'49"W
S64°56'55"W
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
LENGTH
13.44
6.29
265.40
60.22
50.11
130.75
165.08
61.00
277.00
145.63
227.58
125.63
DIRECTION
S86°43'59"W
S74°18'49"W
N15°41'11"W
S74°18'49"W
N15°41'11"W
S74°18'49"W
N15°41'11"W
N74°18'49"E
N15°41'11"W
S74°18'49"W
N15°41'11"W
N74°18'49"E
27584 PPLAT
DATE
REVISION SCHEDULE
DESCRIPTION BY
SHEET
TITLE
PROJECT
WITHOUT PRIOR WRITTEN CONSENT.
INC. AND MAY NOT BE USED, COPIED OR DUPLICATED
THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,
PROJECT NO.
FILE NAME
DESIGNED BY
ORIGINAL ISSUE DATE
DRAWN BY
CLIENT PROJECT NO.
REVIEWED BY
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22-27584
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OSHKOSH WISCONSIN
PRELIMINARY
PLAT
0
SCALE IN FEET
60 120
JRO
LAKE BUTTE DES
MORTS
DEVELOPMENT
SEC. 3, TWP. 18N, RGE. 16E
VICINITY MAP
(NOT TO SCALE)
Winnebago County, Wisconsin
NW
1
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4
SE
1
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4
SW
1
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4
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3
"LAKE BUTTE DES MORTS DEVELOPMENT"
Located in the NW 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 and the SW 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4 and the NW 1/4 of the SW 1/4 of Section 3,
Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
2024-01-05
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-294 Approve Initial Resolution for Special Assessments for Utilities, Sidewalk, Grading and
Graveling, Concrete Paving, Terrace Trees, and Street Lighting for Lake Butte des Morts
Development, Phase 1; 3500 Block of Lake Butte des Morts Drive -- with Signed Waiver
A t t a chment sAttachments
Res 24-294
05/28/2024 24-294 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR UTILITIES, SIDEWALK, GRADING AND
GRAVELING, CONCRETE PAVING, TERRACE TREES, AND STREET LIGHTING FOR LAKE BUTTE DES MORTS
DEVELOPMENT, PHASE 1; 3500 BLOCK OF LAKE BUTTE DES MORTS DRIVE – WITH SIGNED WAIVER
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
BE IT FURTHER RESOLVED 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:
Survey and Inspection Services for Private Construction of Sanitary Sewer Main and Laterals; Water Main and
Laterals; Storm Sewer Main and Laterals; Grading, Graveling and Restoration; Detention Basin Grading, Site
Work and Restoration; Concrete Paving; and Street Lighting
Public Construction/Installation of Sidewalk; Terrace Trees
Lake Butte des Morts Development, Phase 1
Lot 1 CSM_____
2. 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.
3. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the
Oshkosh Municipal Code.
4. 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.
5. 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.
6. The affected property owners have executed Waiver of Special Assessment Notices and Hearing under
Section 66.0703(7)(b) of the Wisconsin Statutes and, therefore, upon acceptance of these Waivers by the
Oshkosh Common Council, no further notices or hearings will be provided or held. The assessment against
any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to
the provisions of Chapter 21 of the City of Oshkosh Municipal Code.
7. The installation of said street improvements shall be accomplished according to the provisions of Section
25-3 through 25-11 of the Oshkosh Municipal Code.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-295 Accept and Approve Waiver of Special Assessment Notices and Hearing in
Connection with Improvements -- Lake Butte des Morts Development, Phase 1; 3500 Block of
Lake Butte des Morts Drive
A t t a chment sAttachments
Res 24-295
24-22 waiver
05/28/2024 24-295 RESOLUTION
CARRIED 6-0
PURPOSE: ACCEPT AND APPROVE WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARING IN CONNECTION
WITH IMPROVEMENTS – LAKE BUTTE DES MORTS DEVELOPMENT, PHASE 1; 3500 BLOCK OF LAKE BUTTE DES
MORTS DRIVE
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 in the attached Waiver is accepted and approved.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-296 Approve Final Resolution for Special Assessments for Utilities, Sidewalk, Grading and
Graveling, Concrete Paving, Terrace Trees, and Street Lighting for Lake Butte des Morts
Development, Phase 1; 3500 Block of Lake Butte des Morts Drive -- with Signed Waiver
A t t a chment sAttachments
Res 24-296
05/28/2024 24-296 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR UTILITIES, SIDEWALK, GRADING AND
GRAVELING, CONCRETE PAVING, TERRACE TREES, AND STREET LIGHTING FOR LAKE BUTTE DES MORTS
DEVELOPMENT, PHASE 1; 3500 BLOCK OF LAKE BUTTE DES MORTS DRIVE – WITH SIGNED WAIVER
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, a Waiver of Special Assessment Notices and Hearings under Section 66.0703(7)(b) of the
Wisconsin Statutes, for public improvements and services, for the premises described below have been
signed by the property owners and accepted and approved by the Common Council for proposed
improvements as listed below, and an initial resolution adopted May 28, 2024.
Survey and Inspection Services for Private Construction of Sanitary Sewer Main and Laterals; Water Main and
Laterals; Storm Sewer Main and Laterals; Grading, Graveling and Restoration; Detention Basin Grading, Site
Work and Restoration; Concrete Paving; and Street Lighting
Public Construction/Installation of Sidewalk; Terrace Trees
Lake Butte des Morts Development, Phase 1
Lot 1 CSM_____
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows:
1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of
the above described public improvements, including plans and specifications therefor, is hereby adopted
and approved with the following modifications:
a.
b.
c.
2. That the action of the City Manager in advertising for bids and to carry out the work of such
improvements in accordance with the reports of the City Manager and in accordance with the said
resolution heretofore adopted, is hereby approved, ratified and confirmed.
3. That payment for said improvements be made by assessing the cost to the property benefited as
indicated in said report, except as modified herein.
4. Assessments shown on the report represent an exercise of the police power and have been determined
on a reasonable basis and are hereby confirmed.
5. That the assessments for all projects included in said report are hereby combined as a single assessment
but any interested property owners shall be entitled to object to each assessment separately or all
assessments jointly for any purpose or purposes.
6. That the assessments may be paid in cash, or in installments pursuant to Section Chapter 21 of the
Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6%) per annum
on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with
Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City.
7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official
newspaper of the City.
8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name
appears on the assessment roll whose post office address is known or can with reasonable diligence be
ascertained.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-297 Approve Developer's Agreement / Lake Butte des Morts Development, Phase 1;
3500 Block of Lake Butte des Morts Drive
B A C KGRO UN DBACKGROUND
The City requires financial guarantees from a developer prior to approving a final plat. The financial
guarantees are addressed in the Developer's Agreement. Related to the Agreement are the initial
resolution, waiver of public hearing, and final resolution. Also related are the ordinances to establish the
street grades and authorize public construction.
A N A L Y SI SANALYSIS
The Developer's Agreement ensures the installation of the required improvements by the Developer and
provides financial guarantees to the City so the work can be completed without expense to the
taxpayers. The developer has provided the required bond(s) and payment, as established in the
Developer's Agreement.
FI SC A L I M P A CTFISCAL I M P A C T
The Developer is responsible for all costs associated with installing the public infrastructure to serve the
development. A bond and payment have been provided by the Developer to the City to ensure funds
are available.
REC O M M E N D A TI ONRECOMMENDATION
I recommend approval of the Developer's Agreement and related Lake Butte des Morts Drive
Development -- Phase 1 resolutions and ordinances.
A t t a chment sAttachments
Res 24-297
24-22 Developer's agreement
05/28/2024 24-297 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE DEVELOPER’S AGREEMENT / LAKE BUTTE DES MORTS DEVELOPMENT, PHASE 1; 3500 BLOCK
OF LAKE BUTTE DES MORTS DRIVE
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are
hereby authorized and directed to enter into an appropriate Developer’s Agreement for:
Lake Butte des Morts Development, Phase 1
Lot 1 CSM_____
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-298 Approve Agreement for Sale of Northwest Industrial Park Land to Linde Inc.
($561,000.00)
B A C KGRO UN DBACKGROUND
The City has received an offer from Linde Inc. to purchase a portion of land located south and southwest
of Progress Drive in the Northwest Industrial Park. The proposed lot is approximately 33 acres in size and
will be sold for $561,000.00 at $17,000 per acre. Linde plans to construct a new facility to meet the region's
demands for industrial gases.
A N A L Y SI SANALYSIS
Linde Inc. intends to purchase a portion of a City-owned parcel to construct a facility that produces
industrial gases for businesses in the region. Linde will create 6-8 full-time jobs. The property that Linde Inc.
is proposing to purchase is in the expansion area of the Northwest Industrial Park south of West Fernau
Avenue and west of Vinland Street. The property was purchased by the City in 2009 and has been leased
to a local farmer for growing crops. The property is currently in the Town of Oshkosh but it is anticipated to
be annexed into the City, following Plan Commission review, at an upcoming Council meeting; the
property will be zoned Heavy Industrial with a Planned Development Overlay (HI-PD). There are City
utilities that are able to serve the site but will need to be extended at Linde's expense.
As part of the Purchase Agreement, staff is requiring that Linde Inc. receive all the necessary zoning
approvals before they are able to purchase the property in order to ensure that the use is approved by
the Common Council before the property is transferred. Linde Inc. will be required to host a
neighborhood meeting to discuss the proposed use and will hold a workshop with Plan Commission.
FI SC A L I M P A CTFISCAL I M P A C T
The City will receive $561,000 to pay back the Industrial Park Fund. The sale of the land may result in a
property value increase.
REC O M M E N D A TI ONRECOMMENDATION
The City Council approves the land sale for $561,000.00 to Linde Inc.
A t t a chment sAttachments
Res 24-298
City and Linde PSA for Boshwitz Site
05/28/2024 24-298 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE AGREEMENT FOR SALE OF INDUSTRIAL PARK LAND TO LINDE INC. ($561,000.00)
INITIATED BY : COMMUNITY DEVELOPMENT
WHEREAS, the City of Oshkosh received a proposal from Linde, Inc. to purchase approximately 33 acres,
part of Parcel Nos. 18005101, 18005301 and 91225800801 within the expansion area of the Northwest
Industrial Park, for $561,000.00; and
WHEREAS, approximately 33 acres of developable land will be sold for $17,000/acre.; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the above offer, per
the attached Agreement, is hereby approved and the proper City officials are hereby authorized and
directed to execute any and all documents necessary to transfer said property to Linde, Inc.
AGREEMENT FOR SALE AND PURCHASE
OF VACANT PROPERTY
THIS AGREEMENT FOR SALE AND PURCHASE OF VACANT PROPERTY (Agreement) is
made and entered into on ________________, 2024 (Effective Date), by and between City of Oshkosh, a
Wisconsin municipal corporation with offices at 215 Church Avenue, Oshkosh, Wisconsin (Seller or City),
and Linde Inc., duly incorporated through the laws of the state of Delaware, with offices at 10 Riverview
Drive, Danbury, Connecticut 06810, Attn: Corporate Real Estate (Buyer or Linde).
The City and the Buyer enter into this Agreement in consideration of the mutual promises,
covenants and conditions described herein, along with other good and valuable consideration. Each party
acknowledges the receipt and sufficiency of consideration provided by the other party. The terms and
conditions are described below.
The parties acknowledge that the Seller plays two different roles in this matter. Seller is both a
property owner and is also a regulatory body. Seller’s consent to the terms of this Agreement while having
a general understanding of Buyer’s intended use of the Property is not intended to explicitly or implicitly
approve of any subsequent development applications. Such applications and requests for approvals will be
reviewed and processed according to the Municipal Code, and state and federal laws, with all of the
foregoing including transparency with the public.
While this Agreement describes not only the benefits to, and obligations of, the parties, but also the
significant and routine procedural tasks that need to be completed before the closing can be held. While
described in more detail herein, the parties acknowledge at the outset that significant procedural tasks such
as annexation, completing a Certified Survey Map (CSM), and Buyer receiving zoning approval, must be
completed consecutively rather than contemporaneously. While timing for completing these tasks can vary,
it is understood that under reasonably circumstances these three tasks may require six (6) months to
complete. Completing subsequent obligations for closing after zoning is approved will take additional time
thereafter.
1. Sale / Purchase. Upon and subject to the terms, covenants, and conditions hereinafter set forth, the
City offers to sell to Buyer, and Buyer agrees to purchase from the City, vacant industrial park land
located in Oshkosh, Wisconsin. The vacant land subject to sale / purchase is currently comprised
of two parcels. Parts of each parcel will be combined into a resulting parcel that will ultimately be
purchased by Buyer. The two parcels are located south and southeast of the end of Progress Drive,
and are currently identified as tax parcels numbered 018005101 and 018005301 (Property). The
CSM of the Property will confirm exact acreage and legal description, and will be undertaken at
Seller’s cost and obligation. The Seller will commence work on the CSM after the property has
been annexed into the City of Oshkosh.
2. Deed and Title. Upon compliance with all terms and conditions, including payment of the purchase
price by the Buyer, the City shall convey merchantable title to the Property to Buyer by general
warranty deed free and clear of all liens and encumbrances, except those accepted as described
herein, including:
2.1 Municipal and zoning ordinances and agreements entered into under them;
2.2 Recorded easements and other restrictions of record;
2.3 Recorded building and use restrictions and covenants;
2.4 General taxes levied in the year of closing;
2.5 Dedications or rights of way; and,
2.6 Title exceptions which have been accepted or waived by the Buyer in writing.
3. Property. The Property is currently vacant.
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3.1 The Property is generally described below, with a detailed description to be created
after the survey is complete. A locational map is attached as Exhibit A.
Parcel ID 018005101 (~14 acres), and
Parcel ID 018005301 (~17 acres), and
Parcel ID 91225800801 (~2.73 acres)
3.2 The Property is currently part of the Town of Oshkosh, Winnebago County, WI.
Seller, at Seller’s sole cost, will annex the Property into the City. The Seller has
started the annexation process and estimates that the annexation process may take
approximately two (2) months.
4. Purchase Price. The Purchase Price of the Property shall be $17,000 times the number of Net
Acreage (defined below) of the Property as determined by the Survey, for the approximate purchase
price of Five Hundred and Sixty One Thousand and No/100 Dollars ($561,000.00).
4.1 The “Net Acreage” of the Property shall be determined by the Survey and shall be
equal to the number of gross acres minus the number of gross acres within any
existing public street right-of-way, as of the Effective Date. Notwithstanding the
foregoing, it is intended that the CSM creating the parcel to be conveyed will
exclude those current parts of the Property currently included within Township
rights-of-way as they will be separately publicly dedicated.
4.2 The Purchase Price is due to the City in cash at Closing. The City is not obligated
to accept the purchase price through wire transfers or other, non-cash methods of
payment. In the event the City, at its sole discretion, allows wire transfers, then
the City would cooperate with the transaction but accepts no responsibility for
achieving a successful wire transfer. Any attempted wire transfer that is
unsuccessful, such as not received, for any other reason, shall be treated as a failure
by the Buyer to submit the required Purchase Price and the City will not be required
to convey title of the Property.
4.3 The Purchase Price is lower than the Seller’s normal per acre selling price. The
reason for this discount is to take into consideration the cost of extending streets
and utilities into Buyer’s property, all costs of which will be Buyer’s responsibility.
5. Earnest Money Deposit. The City requires that the Buyer tender Earnest Money in the form of
cash to the City for all offers to purchase.
5.1 The funds must be tendered within five (5) business days after the terms of this
Offer to Purchase are approved by the City’s Common Council and this Agreement
is fully executed.
5.2 The City requires Earnest Money of $25,000.
5.3 Earnest Money may be held in either a City account, or within an account at the
Title Company selected for the transaction, at the City’s option. The City has no
obligation to deposit the Earnest Money in an interest bearing account.
5.4 Earnest Money is non-refundable except upon a material default by the City. For
purposes of clarification, Earnest Money is non-refundable even if the Buyer
otherwise exercises its right to cancel the transaction as allowed by this Agreement .
For example, but without limitation, Ernest Money would not be refunded if Buyer
cancels transaction due to the condition of the Title, or condition of the Property
after due diligence inspections and testing. However, in the event the Seller in its
capacity as a regulatory body does not approve Buyer’s zoning applications or
other approvals for its desired development, then the Earnest Money would be
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refunded.
5.5 If the transaction fails to close and will not be rescheduled due to a material default
by the City, then the Earnest Money shall be returned to the Buyer subject an offset
of any amounts owed to the City.
5.6 If the transaction does close, the Earnest Money shall be credited towards the
Purchase Price.
6. Buyer Exclusivity. During the term of this Agreement, Seller shall, and shall direct its agents and
representatives, to not solicit, deal with, offer or accept an offer for the purchase of the Property
(directly or indirectly) to any other parties and shall not itself market, entertain, solicit or deal with
any offers or expressions of interest of the sale, lease or other disposition of any of the Property.
7. Conditions Precedent to Buyer’s Obligations. Buyer's obligation to purchase the Property is subject
to the following conditions precedent. The Buyer may agree to waive one or more conditions in
writing.
7.1 Title Commitment and Policy. The City shall furnish and deliver to Buyer a Title
Commitment issued by a title company. This shall be at City’s expense.
7.1.1 The Title Commitment shall be made available within thirty (30) calendar days
after the completion and recording of the CSM creating the Parcel to be conveyed,
or as soon thereafter as it is available from the Title Company.
7.1.2 The Buyer must notify the City in writing of any objections to any condition or
exception within five (5) business days after receiving the Title Commitment.
7.1.3 The City must notify the Buyer in writing whether or not the City intends to attempt
eliminating the objectionable condition or exception or to otherwise resolve the
Buyer’s objections. Such notice will be within five (5) business days after receipt
of the objection. The City is not obligated to remedy title objections,
understanding, however, that the result may be a termination of this Agreement.
7.1.4 If the City notifies the Buyer that it will not attempt to eliminate any objectionable
condition or exception, then Buyer may elect to terminate this Agreement provided
notice is given to City within ten (10) business days after the City notifies Buyer
that it will not attempt to clear objectionable condition of the title. If Buyer does
not elect to terminate this Agreement at this time, it will be considered to have
accepted the condition of the title.
7.1.5 The Title Commitment shall indicate that an owner’s policy will be in the amount
of the Buyer Price and ensure good and marketable title to the Property.
7.1.6 The owner’s title policy shall be subject only to restrictions or encumbrances
described in this Agreement, or to those restrictions or encumbrances approved by
the Buyer. The title policy shall contain a complete copy of any easement,
restriction, limitation, or condition of title which is referred to i n the Title
Commitment. Seller notes that paragraph 11.2 also addresses this issue.
7.1.7 The premium for the owner’s policy shall be paid by the City before or at closing.
However, Buyer shall pay all costs of providing title evidence required by Buyer’s
lender.
7.1.8 In the event the City elects to attempt to resolve the Buyer’s objections, the parties
will negotiate a new closing date in good faith if necessary. The City will thereafter
exercise reasonably expeditious efforts to correct the title condition objections
within 30 days or less.
7.1.9 If the objectionable condition of title is not corrected within 30 days, the Buyer
may, at its option, (1) declare its obligation to purchase the Property to be null and
void; or (2) elect to accept title in the condition as the City can convey and proceed
to closing without abatement of the purchase price.
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7.1.10 Actual conveyance of the Property shall be deemed the acceptance by the Buyer
of the condition of the title as of the date of closing.
7.2 Due Diligence – Inspection/Testing. Buyer, as well as Buyer's employees, agents,
and representatives shall have the right to enter the Property during a due diligence
period of one hundred twenty (120) days after the Effective Date from the full
execution of this Agreement, plus two additional thirty (30) day periods at the
Buyer’s option (Due Diligence Period). During this time, the Buyer may undertake
any tests or inspections of the Property at Buyer’s discretion except as otherwise
limited by the City’s rights described herein. The Buyer may elect to shorten, or
end, the Due Diligence Period by providing Seller with notice of such election.
7.2.1 All tests and inspections shall be at Buyer's sole cost, expense, and risk.
7.2.2 Buyer shall be required to provide the City with a summary of the inspection and/or
testing to be completed on the Property. The purpose of this disclosure is not to
limit inspection and/or testing. The purpose is to allow the City to evaluate the
potential activity on the Property, ensure wetlands and/or protected streams are
treated in a manner consistent with law, ensure the Buyer treats the natural gas
pipeline across the Property is protected, assist coordinating access with a lessee,
and depending upon the intensity of the inspection and/or testing may, at its
reasonable discretion in certain circumstances, require a separate written access
agreement addressing issues unique to the requested activity to be negotiated by
the parties in good faith and without unreasonable delay. The City’s requirement
for a separate access agreement will be based on the time frame and/or
invasiveness of inspection and/or testing activities.
7.2.3 The Buyer may access the Property at all reasonable times by providing notice of
its intent to do so, which notice may be supplied by an email to the Seller. Unless
otherwise approved by Seller in writing, everything Buyer brings on the Property
for inspection or testing must be removed each day, and nothing shall be left on
the site overnight. The Property is currently subject to an agricultural lease, and
such lease shall be a consideration when determining an appropriate time and
manner of entering the Property.
7.2.4 The Property is currently subject to an agricultural lease dated October 18, 2023
“Farm Lease”, which is attached hereto. Buyer is responsible to the lessee for all
damage to lessee’s crops or farming operations incurred during the Due Diligence
Period to the extent caused by Buyer, and also for any early termination fee due
under the Farm Lease. Any damages owed by Buyer to lessee shall be consistent
with the terms of the lease, but shall not exceed $200.00 per acre. To that end,
Buyer shall hold the Seller harmless from such claims for damages from the lessee
to the extent they are the result of Buyer’s actions during Buyer’s inspection and
shall indemnify the Seller from all such claims. Buyer is responsible for all
damages and liabilities occurring or created during the course of the inspection and
testing the Property, but only to the extent that such damages and liabilities are
caused by Buyer, Buyer's employees, agents, and representatives, including
contractors and consultants, it being understood and agreed that in no event shall
Buyer be required to indemnify City for the City’s negligence or willful or
malicious actions. Buyer shall immediately notify the City of any incident
occurring on the Property that it is aware of that may reasonably be considered to
result in any damage to the Property or to third persons. Buyer agrees to fully
cooperate with the City by providing information necessary to review and
investigate potential or actual claims for which Buyer is alleged to be responsible,
in whole or in part, and defending against claims brought through the legal process.
All relevant records that are subject to Wisconsin’s Public Records laws shall be
provided in a manner consistent with such laws. Records that are not subject to
5
public records laws but are relevant to a claim brought against the City shall be
provided to the City upon appropriate assurances of confidentiality.
7.2.5 At any time during the Due Diligence Period or within thirty (30) calendar days
after the Due Diligence Period ends, the Buyer may terminate this Agreement for
the reason that the condition of the Property is not satisfactory to Buyer’s intended
business purposes.
7.3 Zoning. Buyer’s obligation to purchase the Property is conditioned on its ability to
receive all necessary zoning and permitting approvals from the City of Oshkosh as
well as any other regulatory body. While Buyer can begin preparing for zoning
approvals at any time, formal zoning applications with the City of Oshkosh will be
appropriate after the Property has been annexed and formally created through a
recorded CSM. Zoning, therefore, would be estimated to begin at the earliest about
four (4) months after this Agreement is approved by the City Council and fully
executed. In the event zoning has not been approved in a manner that is consistent
with its intended business purposes within two (2) months after the application has
been filed with the City of Oshkosh, then Buyer may exercise its right to terminate
this Agreement. Buyer may, but is not obligated, jointly agree with the City to
extend the two-month zoning period for an additional thirty (30) days.
7.4 In the event that the Buyer elects to terminate its obligation to purchase the
Property, or if the Property is not conveyed to the Buyer within a reasonable time,
then the Buyer is responsible for returning the Property to a condition that is
substantially similar to its condition prior to Buyer’s access to the Property.
7.5 Remedies. If any condition precedent is not met, or if is otherwise objecti onable,
the Buyer may:
7.5.1 Notify the City in writing of the failure of a condition precedent or of an objection
and of the Buyer’s resulting election to terminate its obligation to purchase the
Property.
7.5.2 If objections or defects of title remain, then the Buyer may elect to accept the
defects and waive exceptions.
7.5.3 If Buyer determines that the condition of the Property (including ingress and
egress) is not acceptable or suitable for Buyer’s intended use, Buyer may elect to
request further discussions with the City regarding possible resolutions of the
conditions acceptable to Buyer.
7.5.4 Buyer’s purchase of the Property will be interpreted an acknowledgement that all
conditions precedent have been met or accepted, and as Buyer’s acceptance of the
Property in an “as-is, where-is” condition, including the title, and environmental
and physical condition.
7.5.5 In the event the Agreement is terminated or breached by either party, then neither
party shall have any further right or obligation under this Agreement, except the
following examples. Surviving obligations include repairing or restoring damage
to the Property during the Due Diligence Period as well as reimbursement of any
costs explicitly requiring reimbursement by the terms of this Agreement. For
purposes of clarity, remedies for specific performance or any monetary damages
are not available to either party.
8. Conditions Precedent to The City’s Obligations. The City's obligations under this Agreement shall
be subject to the following conditions precedent being satisfied to the satisfaction of the City (or
waived by the City in writing):
8.1 Buyer shall receive zoning approval to construct their desired project prior to
closing.
8.2 Receipt of all documentation in the possession of the Buyer, or its agents or
6
representatives, related to any title objection or defect for which the City is
attempting to remedy.
8.3 The City must have the ability to actually remedy title objections of the Buyer
through practical and timely means and within the City’s ability to locate financial
resources available for this purpose within the constraints of the City’s budget and
objectives.
8.4 In the event any of the City’s conditions precedent are not met, the City may either
waive such conditions in writing, or it may notify Buyer in writing of any
unresolved condition and of the resulting decision by the City to not move forward
with the transaction. If the City decides to cease moving forward with the
transaction, the City shall have no obligations to the Buyer arising either before or
after this decision.
9. Environmental Audit. Except for any representation or warranties expressly set forth in this
Agreement, the City makes no representation or warranties with respect to any environmental
condition or any Hazardous Materials which may be contained on, in, or affecting the Property.
The City is selling the Property in an "as is, where is" condition in all respects, including all
environmental conditions. The City shall provide Buyer with all environmental assessment reports
of the Property in the City’s possession. Buyer will be provided access necessary to perform its
due diligence and evaluation of the condition of the Property.
10. Property Condition. The City has not conducted any geotechnical investigation at the Property to
determine if it contains old building foundations, rubble, underground obstructions, and/or debris
from prior buildings or structures or uses of the Property that may have been abandoned,
demolished, and/or otherwise removed. Buyer agrees to accept the Property “as is, where is” and
is solely responsible for conducting its own geotechnical investigation to determine the soil bearing
capacity and for all site excavation, debris removal, fill, and development expenses. The City shall
provide all information regarding the condition of the Property in its possession upon request. The
Seller, at Buyer’s sole cost, will extend Progress Drive to the Property; said extension of Progress
Drive will include the extension of water and sewer to the Property Boundary.
11. Closing. The conveyance of the Property shall be occur as follows:
11.1 Closing Date. The transaction set forth in the Agreement shall be closed (the
“Closing”) at any mutually agreeable time on or before the thirtieth (30th) calendar
day after Buyer has received formal zoning approval allowing its intended business
use of the Property, or such other date and time that the parties mutually agree to
in writing (the “Closing Date”).
11.2 The City's Deliveries and Responsibilities. At Closing, the City shall deliver to
Buyer the following:
11.2.1 Deed. An executed and acknowledged general warranty deed to the Property
prepared by the City and in a form reasonably acceptable to Buyer.
11.2.2 Title Policy. The Title Insurance Policy pursuant to the Title Commitment as
described in this Agreement.
11.2.3 Affidavit. Seller shall execute and deliver to Buyer and Title Company an affidavit
that evidences that Seller is exempt from the withholding requirements of Section
1445 of the Internal Revenue Code.
11.2.4 Authority of Seller. Seller shall deliver to Buyer and Title Company a copy of any
and all documents reasonably required by the Title Company authorizing and
approving the sale of the Property by the City and authorizing the person signing
all documents for and on the behalf of the City.
11.2.5 Other Documents. Other documents, instruments, certifications and confirmations
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as may be consistent with the terms of this Agreement, and reasonably necessary
in order to complete the transaction herein provided.
11.2.6 Possession. Sole and exclusive possession of the Property.
11.2.7 Closing Costs. The City shall pay costs of closing, including real estate transfer
fee, recording fee and title insurance costs.
11.2.8 Special Assessments. The City will pay any unpaid special assessments levied
against the Property as of the date this Agreement was approved by the City’s
Common Council. Buyer is responsible for all special assessments levied against
the Property after the date this Agreement was approved by the City’s Common
Council.
11.3 Buyer's Deliveries and Responsibilities. At Closing, Buyer shall deliver to the City
the following:
11.3.1 Purchase Price. Buyer shall pay to the City in lawful money of the United States,
the Purchase Price in the amount and form as described in this Agreement.
11.3.2 Other documents, instruments, certifications and confirmations as may be
consistent with the terms of this Agreement, and reasonably necessary in order to
complete the transaction herein provided.
11.4 Joint Deliveries. At Closing, The City and Buyer shall jointly deliver to each other
the following:
11.4.1 Closing Statement. An agreed upon closing settlement statement to reflect the
credits, prorations, and adjustments contemplated by or provided in this
Agreement.
11.4.2 Transfer Tax Filings. Executed documents complying with the provisions of all
federal, state, county and local law applicable to the determination of transfer
taxes.
11.4.3 Post-Closing Adjustments. Buyer and Seller shall undertake, following the
Closing, to adjust between themselves, as of the Closing Date, any income or
expenses of the Property that are the subject of proration but were not adjusted on
the settlement statement. Seller shall pay promptly upon receipt any and all bills
relating to the operation of the Property for periods prior to Closing.
Notwithstanding the forgoing, Buyer shall pay promptly upon receipt and all bills
caused by, or related to, its activities on the Property related to its Investigation of
the Property from the Effective Date through the Closing Date. Buyer shall not
allow any liens to be attached to the property that are related to any work or
inspections performed on the Property related to its Inspection of the Property from
the Effective Date through the Closing Date and shall remove any such lien that is
attached to the Property.
11.5 Failure to Close – Remedies.
11.5.1 Breach by Seller. Time is of the essence with respect to each and all of the Seller’s
obligations. If Seller fails to comply with any of its obligations described in this
Agreement, Buyer, as its sole and exclusive remedy, shall be entitled to treat this
Agreement as terminated and receive a refund of the Earnest Money. Both parties
shall be discharged from all duties and further performance hereunder except for
Buyer’s obligations to return the Property to the same or similar condition as
existed prior to its investigation and Due Diligence Period, as well as other
reimbursable costs identified in this Agreement.
11.5.2 Breach by Buyer. Time is of the essence with respect to each and all of the Buyer’s
obligations. If Buyer fails to comply with any of its obligations described in this
Agreement, Seller, as its sole and exclusive remedy, shall be entitled to treat this
Agreement as terminated, and both parties shall be discharged from all duties and
further performance hereunder.
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12. The City's Representations, Warranties and Covenants. In addition to the other representations,
covenants and warranties by the City herein, the City hereby represents, covenants, and warrants
that as of the Closing date:
12.1 Ownership. The City is the sole owner of and has good and merchantable fee
simple title to the Property, free and clear of all liens, encumbrances, easements,
covenants, and other restrictions except those of record.
12.2 Liens and Liabilities. Except for those of record, the Property is not subject to any
liens, encumbrances, security interests, liabilities, covenants, restrictions,
dedications, rights-of-way, leases or judgments of any kind whatsoever. Seller
herein formally notifies Buyer of an issue that is currently not a lien, encumbrance,
covenant, or restriction on the Property, but the Seller is aware of the possible
future encumbrance of the Property. Specifically, American Transmission
Company (ATC) has active electric facilities within the railroad right-of-way along
the south boundary of Seller’s Property. ATC has a pending request for an
easement along the south boundary of the Seller’s Property and Seller believes that
in the near future ATC will insist that an easement is necessary to continue carrying
out their business functions. Seller has not agreed to any easement with ATC,
either tentatively or permanently. However, Seller retains certain immunities from
eminent domain proceedings by public utilities that are beneficial to it as a
governmental body, but also may be different from Buyer’s status under Wisconsin
law. Seller will provide relevant public records upon request, but advises Buyer
to investigate this matter to its satisfaction.
12.3 Leases. The Property is part of a larger parcel that is subject to a lease allowing it
to be used for agricultural purposes. A copy of the lease has been provided to
Buyer. Buyer shall be solely responsible for taking any actions it deems necessary
regarding the lease, and making any payments to the lessee or others as may be
required to resolve any questions or disputes regarding the validity or continuation
of the lease. Buyer shall hold the City harmless from all costs and/or damages due
to the relationship between this Agreement and the lease applicable to the Property.
12.4 Encroachments. No improvements upon the Property encroach upon adjoining
real estate, nor do any improvements upon adjoining real estate encroach upon the
Property.
12.5 Special Assessments. To The City’s knowledge on the date of this Agreement, to
be confirmed by the Closing by letter from the City of Oshkosh, there are no special
assessments levied against the Property.
12.6 Corporate Authority. The City is a Municipal Corporation authorized to operate
through the laws of the State of Wisconsin. The City has the full power, authority
and legal right to execute, deliver and perform its obligations under this
Agreement.
12.7 Property Proceedings. There are no condemnation, environmental, zoning or other
land-use regulation proceedings, either instituted or planned to be instituted. Seller
shall notify Buyer promptly of any such proceedings of which Seller becomes
aware.
12.8 Environmental. Seller has not received any written notice from any governmental
authority that Hazardous Materials are present or have been released in or onto any
portion of the Property and, to the best of Seller’s actual knowledge, without
investigation or inquiry, no Hazardous Substances have been released in, on, under
or about any portion of the Property. The Property is not under any order to
remediate from any Governmental Authority. Seller has not released any
Hazardous Materials in, on, under or from any Property and, to Seller’s knowledge,
no Hazardous Materials have been released in, on, under or from any portion of
9
the Property. For purposes herein, “Hazardous Materials” means materials, wastes
or substances that are (a) included within the definition of any one or more of the
terms “hazardous substances”, “hazardous materials”, “toxic substances”, “toxic
pollutants”, and “hazardous waste” in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§
9601, et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
§§ 6901, et seq.), the Clean Water Act (33 U.S.C. §§ 1251, et seq.), the Safe
Drinking Water Act (14 U.S.C. §§ 1401, et seq.), and the Toxic Substance Control
Act (15 U.S.C. §§ 2601, et seq.) and the regulations promulgated pursuant to such
laws, (b) regulated, or classified as hazardous or toxic, under other federal, state or
local environmental laws or regulations, (c) petroleum, (d) asbestos or asbestos-
containing materials, (e) polychlorinated biphenyls, (f) flammable explosives, or
(g) radioactive materials.
12.9 Seller has made no application to rezone or otherwise alter or amend the land use
regulations or building and safety laws affecting the Property. To the best of
Seller’s actual knowledge, without investigation or inquiry, Seller has not received
any written notice of any violation of applicable zoning and land use regulations
or building and safety laws affecting the Property and, to Seller’s knowledge, there
are no present violations of applicable zoning and land use regulations affecting
the Property.
13. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be an original, and the counterparts together shall constitute one and the same instrument.
14. No Merger. No provision of this Agreement is intended to or shall be merged by reason of any
deed transferring title to the Property from the City to the Buyer, or any successor in interest, and
any such deed shall not be deemed to affect or impair the provisions and covenants of this
Agreement.
15. Assigns. Buyer may assign its interests in this Agreement with the permission of the City provided
it is clear that all obligations related to this Agreement are assigned as well. The City’s permission
shall not be unreasonably withheld if the assignment is to an affiliated entity. If the potential
assignee is unrelated to the Buyer, then the City may, but is not obligated to, consent to the
assignment. In the event of an assignment, the Buyer shall provide the City with documentation
of the assignment to the City’s satisfaction.
16. Public Records. This Agreement and certain documents relating to this Agreement and intended
transaction are, or may be, subject to Wisconsin’s Public Records law (Wis. Stat. Chapter 19) that
includes records produced or collected hereunder. Buyer agrees to cooperate with City if it receives
a request under Wisconsin’s Public Records Law for any such record and both parties agree to act
in full compliance with Wisconsin’s Public Records laws. In the event Buyer assigns its interests
in this Agreement, in addition to any other Buyer obligation that may survive the assignment,
Buyer shall remain obligated to the City for all public records issues.
17. Use of Records. The City will provide certain documents and records to the Buyer as required by
this Agreement or Public Records laws, or voluntarily. These documents and records may
originate from the City, or from third-parties and may be pertain to environmental or other
conditions of the Property.
17.1 Regarding documents and records originating in whole or in part from third-
parties, the City will only guaranty or warranty that true and correct copies are
provided.
17.2 Regarding documents and records that originate from the City but are based in
10
whole or in part on information obtained from third-parties, the City will only
guaranty or warranty that true and correct copies are provided.
17.3 Regarding documents and records that originate from the City and are based on
investigations and date from the City, the City states that these documents and
records were created for various purposes in carrying out an obligation of the City
as a governmental entity. Therefore, use of these documents and records are
necessarily limited and the City does not guaranty or warrant that the information
therein can be relied upon for any particular purpose by the Buyer.
17.4 In all cases, it is solely the Buyer’s responsibility to independently test and verify
the information identified in any documents and records provided to the Buyer by
the City.
18. Broker. The City has not retained, utilized, or entered into any agency agreement with any real
estate agent, broker, or other such professional, related to this transaction. The Buyer may or may
not retain, utilize, or enter into an agency or other agreement with a real estate agent, broker, or
other such professional. In the event the Buyer has utilized any such real estate professional for
the purposes of this transaction, Buyer remains solely responsible for any commission, fees,
payment, or other obligation due to the real estate professional. The City shall in no case be
obligated or responsible for any of these or similar transaction costs. Buyer shall hold the City
harmless for any claims against the City by any aforementioned real estate professional retained
by Buyer, for any claims for fees, commissions, or other payments resulting from this transaction.
Buyer shall fully indemnify the City for any claims made against the City by any real estate
professional contracted, engaged, or affiliated with the buyer.
19. Legal Fees. Each party is responsible for paying the legal fees of its counsel in negotiating,
preparing, and closing the transaction contemplated by this Agreement.
20. Confidentiality. This Agreement is subject to Wisconsin Public Records and Open Meetings Laws.
This Agreement and all public records will be treated in a manner that is consistent with all
applicable Public Records laws.
21. Severability. If any term or provision of this Agreement shall be held to be void or unenforceable
for any reason by a court of competent jurisdiction, the remaining terms and provisions hereof shall
remain in effect.
22. Binding Effect. The provisions of this Agreement shall bind the parties and each party’s heirs,
successors, and assigns.
23. Amendment and Waiver. This Agreement may be amended at any time in any respect only by an
instrument in writing executed by the City and Buyer. Either party may waive any requirement to
be performed by the other hereunder, provided that said waiver shall be in writing and executed by
the party waiving the requirement.
24. Integrated Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof. The parties acknowledge that prior to this Agreement
information was exchanged between the parties about the Property either verbally, via email or
otherwise communicated. None of the aforementioned information, agreements, or inferred
agreements are part of this Sale and Purchase Agreement unless it is included herein. No promises
or understandings, either expressed or implied, exist between the parties with respect to the subject
matter of this Agreement except as contained herein. This Agreement supersedes all
representations, warranties, commitments, offers, promises, or contracts, of any kind or nature,
whether oral or written, made prior to or contemporaneous with the execution of this Agreement.
11
25. Choice of Law. The laws of Wisconsin shall govern the validity of this Agreement, the construction
of its terms and interpretation of the rights and duties of Buyer and the City. The venue for the
resolution of any dispute shall be Winnebago County, Wisconsin.
26. Notices. Any notices or demands to be given by or on behalf of either party, whether or not required
by this Agreement, to the other, shall be delivered by personal service, by mail, postage prepaid,
registered or certified, with return receipt requested, or by facsimile to the parties at the addresses
listed below. Changes of contact information shall be promptly disclosed. Notwithstanding the
foregoing, the Notice requirement in Section 6.2.3 may be accomplished by electronic mail (e-
mail) from Buyer to Seller. Notice is considered received: 1) on date of personal service; or, 2)
three days from the date of the postmark if by mail; or, 3) the date received if for facsimile, except
those received after 4:30 p.m. on a business day, or received on a weekend or holiday, in which
case receipt shall be the next business day.
City: City of Oshkosh
Attn: Kelly Nieforth
215 Church Avenue
Oshkosh, WI 54901
Phone: 920.236.5055
Email: knieforth@ci.oshkosh.wi.us
Buyer: Linde Inc.
10 Riverview Drive
Danbury, CT 06810
Attn: Corporate Real Estate
Phone: 844-445-4633
Email: USRealEstate@linde.com
Signature page follows
12
IN WITNESS WHEREOF, the parties have caused this Agreement for Sale and Purchase of Vacant
Property to be executed, as of the day and year first above written.
THE CITY: BUYER:
CITY OF OSHKOSH LINDE INC.
By:__________________________ By: ___________________________
Mark A. Rohloff, City Manager Brian C. Morgan
Director, Corporate Real Estate
By: __________________________
Diane Bartlett, City Clerk
Approved as to Form:
______________________________
Lynn A. Lorenson, City Attorney
13
EXHIBIT A
Location Map
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 :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-299 Approve Special Event - Oshkosh Jazz Festival (Kris Larson) to Utilize the 400 block of
N Main Street for the Oshkosh Jazz Festival, August 24, 2024
A t t a chment sAttachments
Res 24-299
Oshkosh Jazz Festival Attachment
05/28/2024 24-299 RESOLUTION
CARRIED 5-1 present
PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH JAZZ FESTIVAL (KRIS LARSON) TO UTILIZE THE 400 BLOCK OF N
MAIN STREET FOR THE OSHKOSH JAZZ FESTIVAL, AUGUST 24, 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 Jazz Festival (Kris Larson) to utilize the 400 Block
of N. Main Street on Saturday, August 24, 2024 from 5:00 a.m. to 10:30 p.m. (actual event time 1:00 p.m. to
10:00 p.m.) for the Oshkosh Jazz Festival in accordance with the municipal code and the attached
application, with the following exceptions/conditions:
A. Oshkosh Jazz Festival will coordinate set-up and start times with the Oshkosh Farmers Market Manager.
B.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs
for extraordinary services, including costs associated with security for permitting the Special Class “B”
Retailers License. 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 $2,035.41 (preliminary estimate includes dedicated staffing of 18 officer hrs., 8
Supervisor hrs., and 1 CSO hrs.)
Supplies / Materials $38.50 (preliminary estimate includes dedicated use of no parking signs & cones)
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mark Rohloff, City Manager
D A TE :D A T E :May 28, 2024
SUB JEC T:SUB JEC T :Res 24-300 Direction to City Manager on 2024 Property Tax Levy
B A C KGRO UN DBACKGROUND
Over the past month, the City Assessor's Office has sent out revaluation notices to residential property
owners within the city. The average increase in value for residential properties is approximately 70%, which
reflects the increase in market values of properties in the city due to the recent spike in the housing
market. Meanwhile, staff estimates that commercial values will increase by approximately 30%, as the
market for commercial properties has not been as strong as residential properties. This takes the
projected overall increase in assessed value to approximately 50%.
There is a common misconception that the increase in values immediately translates to a corresponding
increase in the property tax bill. This misunderstanding has resulted in a great deal of concern for
residential property owners. Staff has made efforts to provide public education on this issue, but these
ongoing misconceptions are fairly universal and are difficult to overcome.
A N A L Y SI SANALYSIS
As was discussed at the May 14 Council meeting, the assessed value of property is just one component
of the formula that is used to arrive at the property tax rate. The formula is as follows:
Property Tax Rate = Property Tax Levy / Assessed Value
The concern is that, if the rate remains the same, the property tax levy will increase substantially. In reality,
the component that Council has the most direct control over is the property tax levy, which, when
divided by a much larger assessed value, results in a lower property tax rate. At the same time, the state
of Wisconsin has enacted levy limits on cities, which prevents the City from keeping the rate the same
and receiving a significantly larger increase in levy. In other words, the council does not have unlimited
authority to keep the tax rate the same and have a significant increase in the property tax levy.
In recent years, the council has provided staff with direction on the levy increase based on information
that staff provides in advance, including estimated increases for labor and benefits, debt service,
commodities, and other projected expenses, while also considering estimated increases in non-property
tax revenues. In recent years, the direction from Council has typically been that staff limit the property tax
levy increase to 3%-4%. Even with a projected 50% increase in overall values, the tax rate would be
reduced significantly if the levy increase was limited to our historical increase from recent years.
Given the concern that the City has unlimited authority to maintain the tax rate and increase property
tax significantly, and given the fact that Council has historically been limiting the levy over the past
several years, it may help if Council gives the City Manager direction to limit the levy now so that the City
can provide some assurances to the public that the increase in property taxes will not be at the same
rate as the property value increase.
FI SC A L I M P A CTFISCAL I M P A C T
Typically, when staff seeks direction from Council on the levy increase for the upcoming year, staff has
data from our financial consultant regarding our debt obligations based on the current debt issue, as well
as health insurance costs from our benefits consultant, so that we have a better handle on those
expenses. Fortunately, we have some recently settled collective bargaining agreements that can be a
guide for the wage side of labor costs for 2025, so we have that knowledge in advance of the budget
process. With that said, that increase is over 4% for 2025. Meanwhile, our revenue continues to be limited
by the state with regard to shared revenue, as the Sate of Wisconsin has projected a modest increase in
shared revenue for 2025. With these uncertainties, a projected levy increase is more difficult at this time of
year than if we waited until August. However, with so much concern over the misconception that the
City has unlimited taxing authority, it may be a value for Council to provide the City Manager with this
direction now to allay some of those fears. Meanwhile, Council will retain the ability to adjust this levy up
or down based on their review of the budget and what they want the City's priorities to be for 2025.
A t t a chment sAttachments
Res 24-300
5/28/2024 24-300 RESOLUTION
WITHDRAWN
PURPOSE: ADOPT A RESOLUTION DIRECTING THE CITY MANAGER TO LIMIT THE 2024 PROPERTY TAX LEVY FOR THE
CITY OF OSHKOSH TO AN INCREASE OF NO MORE THAN FOUR PERCENT (4%)
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the City Assessor’s office has delivered revaluation notices to residential property owners within
the city, with an average increase in value for residential properties of approximately 70%; and
WHEREAS, there is a common misconception that an increase in property values immediately translates to
a corresponding increase in the property tax bill; and
WHEREAS, the Common Council has heard from residential property owners concerned about a potential
increase in property tax bills due to revaluation, and wants to allay those fears; and
WHEREAS, the Common Council is responsible for approving the property tax levy for the City portion of
the tax bill every year; and
WHEREAS, cities in Wisconsin are limited by property tax levy limits that have been enacted by the
Wisconsin State Legislature; and
WHEREAS, the Council wants us to provide some assurances that the overall residential property tax levy
will not increase by more than average levy increases in recent years, which have been in the range of
3%-4%.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City Manager is
hereby directed to submit a budget for the 2025 fiscal year that limits the 2024 property tax levy to an
increase of no more than 4%; and
BE IT FURTHER RESOLVED that the City Manager initiate efforts to communicate this direction to the public
over the next few months until the 2025 budget is submitted to the Council for consideration; and
BE IT FURTHER RESOLVED that this direction does not restrict the Council from adopting a levy different than
what is submitted for consideration by the City Manager, and that the intent of this resolution is to give the
public some assurance that property tax bills will not increase at the same rate as property values have
increased due to the recent city revaluation.
SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items
D A TE :D A T E :May 28, 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. Update on 3rd Party Review of Municipal Ordinances for Building and Zoning Codes
A t t a chment sAttachments
A. Codes Audit Background Memo
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.oshkoshwi.gov
TO: Honorable Mayor and Members of the Common Council
FROM: Kelly Nieforth, Community Development Director
DATE: May 28, 2024
RE: Codes Audit – Background on Codes within the Community Development
Department Jurisdiction
At the April 23, 2024, Common Council meeting, staff was directed to review existing code
language administered by divisions within the Community Development Department in the
City of Oshkosh Municipal Code with a third-party auditor. Council stated that they hope this
process will ensure that the city’s codes are comparable to other communities’ codes; are
conducive to economic growth in the community while preserving health and safety; and
provide ample opportunity for City of Oshkosh residents, business owners, developers, or
contractors with the ability to successfully invest in the city.
In order for staff to fully understand the direction that Council would like to take with the audit,
staff would first like to provide background information regarding our existing codes and how
the city currently maintains and updates our various codes.
Planning and Zoning:
The City’s Planning and Zoning Services Division administers Chapter 30 of the Municipal
Code. The city adopted the most recent zoning code in 2017, which was written by Vandewalle
and Associates. At the time, the City chose Vandewalle and Associates to complete the rewrite
of the zoning code due to the vast experience that the firm had with creating zoning codes for
hundreds of other municipalities in the Midwest. City staff was very involved with the process
and held multiple public engagement sessions to obtain input from residents, developers,
business owners, and contractors on what to include in the new zoning code for the city.
Citizens and community stakeholders originally joined in a public participation activity in the
summer of 2009, which led to a consultant preparing “Vision Report: City of Oshkosh.” The goal
of the process was to guide the city on how make Oshkosh a better place to live, work, and play
by utilizing the people who live and work there. The community-wide visioning process and
visual preference survey results was then emphasized in the future zoning code update
prepared by Vandewalle. The code re-write process commenced in 2013 and included six drafts
during the 3+ years of development. The Oshkosh Area Community Foundation, Chamber of
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5055 http://www.oshkoshwi.gov
Commerce, and Convention & Visitors Bureau were all critical in developing this vision, along
with several other groups and individuals.
Current Zoning Code vs. Previous Zoning Code:
There are many differences with the previous zoning code that was in place from 1996 to 2016.
For example, five commercial districts were designed to emphasize mixed use developments to
support multiple housing options as well as commercial activities throughout the city. High
quality materials and street orientation to engage the public were emphasized. Seven residential
districts were established and associated performance standards were designed to reflect the
array of density and types of housing throughout the city. Setbacks were varied throughout
these districts to more accurately reflect the built environment and massing.
Additionally, several areas of the community were rezoned from single-family to two-family or
multi-family to more accurately match the existing uses. Code provisions to address
nonconforming situations (i.e. uses, substandard lots, structures) and redevelopment
opportunities were introduced to help property owners stabilize neighborhoods. An
Institutional District was implemented for the first time to assist the various school, churches,
state, and county facilities found throughout the community. Revitalization efforts were
directed toward downtown and riverfront properties through promotion of adaptive reuse and
exterior design standards.
Finally, five overlay zoning districts were introduced and designed to assist development
flexibility in the campus, lakefront, and riverfront areas. The Central Mixed Use and Riverfront
overlays implemented design review requirements by the Plan Commission to ensure historic
character and quality projects were being constructed. Signage standards were updated to better
reflect the community vision of making them more attractive in appearance. Landscaping
requirements were changed from a blanket formula method to a modernized point-based
system to include building foundations; yard area; street front and paved areas.
Updates to the Zoning Code:
Since the code was adopted in 2017, there have been a total of eleven (11) zoning code
amendments. During the amendment process, staff researches what surrounding communities’
ordinances require to determine how our ordinance compares. The zoning code updates are
typically done semiannually in response to case law, regular feedback we’re hearing from the
private development community, recently adopted plans, and changes to state legislation.
Examples of amendments to the zoning code in the past year include an amendment to the sign
ordinance to repeal and replace the mural ordinance in December of 2023. This amendment was
driven by a stakeholder group to update what a “commercial message” definition should be in
accordance with a recent case law finding. Likewise, in July 2023, the sign ordinance was
updated to include amendments to the projecting sign regulations to include “blade signs” to
support downtown business wayfinding. Finally, in April 2024, thirteen various sections of the
zoning ordinance were amended to provide further clarity and ease of use. For example, as a
result of the prior housing-related zoning code changes, subsections pertaining to existing two-
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5055 http://www.oshkoshwi.gov
family uses as non-conforming uses were removed. Also, Section 30-240 is being further clarified
to apply to all uses instead of solely mentioning single-family homes. Many of our other
planning activities also include zoning code reviews or audits as part of the planning process.
For example; Imagine Oshkosh, Sawdust District Master Plan, 9th Avenue & South Park Corridor Plan,
Envision North Jackson, Sawdust District Redevelopment Plan and A Place in Oshkosh - Housing
Assessment all included reviews of zoning ordinance requirements, and many resulted in code
revisions.
Opportunities for Improvements:
In accordance with the City’s Strategic Plan efforts, staff regularly evaluates the ordinance to
best promote and strengthen our neighborhoods. Housing opportunities and flexibility will
continue to be prioritized. Likewise, commercial and industrial district standards will be
evaluated to continue supporting economic development and growth of the City of Oshkosh.
Specific code sections may benefit from additional in-depth review as our community continues
to grow and evolve in order to meet the needs of the community, including further analysis on
zoning implications on housing.
Building Inspections:
The City’s Building Inspections Services Division administers multiple codes within the City’s
Municipal Code. Building Inspections is primarily responsible for Chapter 7 – Building, Chapter
16 – Housing, Chapter 29 – Weights and Measures, but also enforces aspects of Chapter 11 –
Electrical Code, Chapter 17 – Morals and Conduct for code enforcement items, and Chapter 20
– Plumbing for plumbing approvals. The building codes have many restrictions on how and
when those codes can be updated or amended.
The State of Wisconsin Department of Safety and Professional Services (DSPS) administers the
building codes that municipalities are required to adopt and follow. DSPS has two Code
Councils made up of private contractors, building inspectors, trades representatives, engineers,
etc. who are appointed by the Governor to advise DSPS on matters related to dwelling codes
(residential) and commercial building codes. These two councils are tasked with reviewing
codes and making recommendations on code language for the State to adopt. The
recommendations are passed along to State committees for consideration and then passed on to
the State Legislature for adoption. Municipalities do not have the option of adopting or
enforcing a code that is either less or more restrictive than the State’s adopted codes. The State’s
codes are included in Chapter 101 of the Wisconsin State Statutes. In addition to Chapter 101,
the City has also adopted SS 145.02 for Plumbing.
The City of Oshkosh is one of a handful of municipalities in the State of Wisconsin who have
been appointed as a “Delegated Agent” of the State to perform additional plan review,
permitting, and inspections that other municipalities are not able to offer. This designation is
beneficial to business owners, developers, and contractors who develop in Oshkosh because it
reduces the amount of time it may take business owners, developers, and contractors to obtain
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5055 http://www.oshkoshwi.gov
approvals, as the contractor can come to the City for approval instead of the State. This
designation also requires that the City adopt additional state statutes for Commercial Building
Code and One- and Two-Family Dwellings within Chapter 7 of the Municipal Code, Electrical
Code in Chapter 11 and Plumbing in Chapter 20.
Updates to Code:
The majority of building code updates completed within the Municipal Code are required by
the State. However, there are amendments that City staff initiates, including in 2023 when
multiple chapters were amended in order to allow third-party contractors to perform plan
reviews. Staff works with the City Attorney’s office on amendments when required by the State.
Opportunities for Improvements:
Staff has identified multiple ideas on ways to improve the permitting process such as hosting
pre-construction meetings to ensure contractors and city staff are on the same page before a
project begins, providing opportunities to improve communication with owners, their
contractors and developers so all individuals are kept in the loop with project communication
and offering additional ways to submit and search for documents online in order to become
more transparent. In addition to State amendments required, in order to facilitate additional
housing opportunities with existing properties, a review of code language for existing homes
may be beneficial.
Overall Process to Obtain Plan Approvals and Building Permits:
Starting in 2010, the City of Oshkosh made significant improvements to the City’s submittal and
approval process for business owners, developers, and contractors. Roundtable sessions with
the private development community were held to gather feedback on ideas to improve the City’s
process. Since 2010, there have been multiple processes and initiatives implemented in order to
improve the process, including examples such as providing access to online submittals,
communication, etc., which allows developers to easily access their project and stay in the loop
on approvals. Staff also began providing: specific timeframes for staff reviews so developers
know when to expect comments back; more transparency on dates when items are due for
upcoming meetings; and a staff person dedicated to be an expeditor to help developers navigate
through the City approval process.
Opportunities for Improvements:
In the City’s previous strategic plans, there have been strategies to implement one process
improvement annually, which staff has achieved by identifying different issues and finding
solutions to address those. In the upcoming strategic plan, staff is proposing to add multiple
strategies to provide opportunities to gather feedback from contractors, developers, and
business owners after their project is completed in order to continuously make improvements,
as well as publicly share success stories to improve the perception of Community
Development’s regulatory requirements that must be administered. Staff believes that
thoroughly reviewing the submittal and approval process to identify opportunities for
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5055 http://www.oshkoshwi.gov
improvements would be beneficial, since it’s been almost 15 years since the process was
originally established.
Next Steps:
Staff appreciates the opportunity to share additional background on the codes that the
Community Development Department is tasked to administer equitably throughout the city.
Staff welcomes additional direction from Council members on specific areas of the codes or
processes that Council believes should be further reviewed for improvements so staff can plan
accordingly.
SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items
D A TE :D A T E :May 28, 2024
Fut ur e Work s hop sFuture Wor k s ho p s
A. Undergrounding Utilities, 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 :May 28, 2024
SUB JEC T:SUB JEC T :**Cooperative Purchase of Routers and Antennas from TKK Electronics LLC for GO Transit
WisGO Fare Collection System ($25,462.08)
B A C KGRO UN DBACKGROUND
At their May 14, 2024, meeting, the Common Council approved the cooperative purchase of a WisGO
fare collection system and related IT components from UMO Mobility for GO Transit for $71,300.00. As
noted in that memo, the project would also require the purchase of necessary routers and antennas to
complete the functionality of the system with the GO Transit fleet. This memo is to report the cooperative
purchase of this equipment.
A N A L Y SI SANALYSIS
The IT Division and Purchasing concluded the National Association of State Procurement Officials (NASPO)
ValuePoint Contract with TKK Electronics LLC (Contract Number #370505-O20-DATACOMMUN-01))
offered the lowest price for these 18 routers and antennas. Purchasing has confirmed this contract
qualifies as cooperative purchasing exception to our purchasing ordinance.
FI SC A L I M P A CTFISCAL I M P A C T
This cooperative purchase will have a total fiscal impact of $25,462.08. Funding for this purchase will be
charged to A/N#: 02241728-7204-15431 (ARPA Transit Machinery & Equipment).
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 IT Manager Tony Neumann.
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 :May 28, 2024
SUB JEC T:SUB JEC T :Professional Services Agreement with Goodwin Recruiting for Recruiting Services ($50,000.00)
B A C KGRO UN DBACKGROUND
The recruitment and selection of qualified civil engineer candidates has been challenging, leaving the
City with one vacancy for a civil engineer from September 2023 and a second vacancy from February
2024. Although one position has been offered to an upcoming graduate, there was a lack of qualified
candidates for the second position. Due to ongoing struggles to fill these vacancies, including failed
recruitments, staff have employed several strategies to attract qualified candidates. Based on
discussions between the Human Resources and Engineering Divisions, it was determined the City should
explore the services of a recruiting firm specializing in hiring engineering-type roles to assist with filling their
current vacancy.
A N A L Y SI SANALYSIS
The Human Resources Division solicited a proposal from Goodwin Recruiting to provide contingent
recruiting services for the Engineering Division. Goodwin will partner with staff to source candidates to
present to the City. The City will pay a fee of 20% of the first year salary, only if the City hires a candidate
provided by Goodwin. The City will also continue our own recruitment process.
FI SC A L I M P A CTFISCAL I M P A C T
The total fiscal impact of Goodwin Recruiting's proposal for these services is 20% of the first-year salary of
the hire. However, the agreement is set at $50,000.00 to provide for an opportunity for Goodwin to source
additional positions, if needed. These services will be charged to the 2024 Public Works Operating Budget
A/N#: 01000420 6417 (Contractual Services).
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 of the Code, I am hereby submitting this report.
Please contact me if you have any questions about this agreement.
SUB JEC T:SUB JEC T :Updated 2025 Budget Prep Calendar: Council Workshop #1 (CIP), July 30th, 5:00 p.m.
D A TE :D A T E :May 28, 2024
A t t a chment sAttachments
Updated 2025 Budget Prep Calendar
April 12 Finance Office to distribute CIP Instructions and Request Forms (Department Heads to
coordinate with committees for their potential input)
13 Deadline to submit CIP Request Forms to Finance Office
13-31 Finance Office to assemble 2025-2034 Preliminary CIP for Internal Meetings
10-14 Internal Meetings - Review of Preliminary CIP (Dept Heads / City Manager / Finance Dir)
17-21 Finance Office to implement CIP Revisions as discussed in internal meetings
28 Finance Office to deliver Proposed CIP to City Manager
25-28 Finance Office to establish 2025 Preliminary Budget Assumptions and estimated Personnel
Costs (2024 Year End Projections and 2025 Proposed Amounts)
1-19 (continued from June) Finance Office to establish 2025 Preliminary Budget Assumptions and
estimated Personnel Costs (2024 Year End Projections and 2025 Proposed Amounts)
8-12 Operations Budget Training video released in this timeframe
17 Finance Office to distribute Operations Budget Instructions and Templates
30 Council Workshop #1 - Capital Improvement Plan
9 Deadline to submit Preliminary Operations Budgets to Finance Office
16 Departments enter Operations Budgets in ClearGov on or before this day
20 Plan Commission to review CIP
16-30 Finance Office to assemble Prelim. Budget Documents and meet individually w/ Departments
27 City Council to Approve the Capital Improvement Plan
28 Council Workshop #2 - 2025 Early Projections and Direction on Priorities from Council
6 Local Revenues Estimated
9-20 Internal Meetings - Review of Preliminary Operations Budgets (Department Heads / City
Manager / Finance Director)
20-30 Finance Office to implement Operating Budget Revisions as discussed in meetings
1-4 Finance Office to receive State Revenue Information / Finalize Proposed Budget
11 Finance Office to deliver Proposed Operations Budget to City Manager
18 Notice of Public Hearing for Budget is published in Oshkosh Northwestern (Oct. 16 in Herald)
18 Proposed Operations Budget delivered to Council
28 Council Workshop #3 - All Day Department Review
29 Council Workshop #4 - All Day Department Review
1 Budget Amendment Draft I
6 Public Hearing at 6pm
6 Council Workshop #5 (if necessary)
8 Budget Amendment Draft II
12 City Council to Adopt the 2025 Operations Budget
5/21/2024
July
2025 Budget Prep Calendar
May
June
August
September
October
November
*Above dates for budget activities are tentative at this time. Any substantial variations will be identified as
soon as they are known.
SUB JEC T:SUB JEC T :Outstanding Issues
D A TE :D A T E :May 28, 2024
A t t a chment sAttachments
Outstanding Issues 05.28.24
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
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 Presentation on Downtown Visioning on 5/28
agenda 6/25/2024
5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non-
infrastructure purposes.
Staff received 51 funding requests totaling over
$12 million. DEI Committee to provide input on
equity issues at 5/29 meeting.
5/28/2024 Staff reviewing requests.
1/10/2023 DPW/Legal Sanitary District Negotiations Staff has submitted final draft to Districts. Non-
contractual rates have been implemented.5/28/2024 Update to Council in closed
session is forthcoming.
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.
5/14/2024 Transportation Parking Restrictions Review Council referred to Transportation Committee 8/31/2024
5/28/2024 Council Meeting