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HomeMy WebLinkAboutAGENDApacket__06-11-24 OSH KO SH C OMMO N C O UN C I L A GEN DA C O UN C IL C H A MB ER S, C ITY H ALL OSH KO SH , W I SC ON SI N J une 11, 2024 If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002. To send written correspondence to the Council, mail it to the City Manager, place it in the City Hall dropbox, or email it to council@oshkoshwi.gov (prior to the Council meeting). CLOSED SESSION (5:00 PM, Room 203, City Hall) The Common Council may convene into Closed Session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes to discuss bargaining options, strategy, parameters, and terms related to the negotiation of sanitary sewer service agreements with the Algoma, Sunset Point, Island View, Edgewood Shangri-La, Winnebago Area, and Blackwolf Sanitary Districts where competitive bargaining reasons require a closed session. A.CALL TO ORDER (6:00 p.m.) B.ROLL CALL C.INVOCATION - VOTING FIRST: Council Member Nichols Invocation #1 D.PLEDGE OF ALLEGIANCE: Martin Luther School E.PUBLIC HEARING 1.Res 24-301 Approve Submittal of 2024 Community Development Block Grant Annual Action Plan (Plan Commission Recommends Approval) F.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. G.CONSENT AGENDA ITEMS (Consent Agenda items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 2.Report of Bills 3.Receipt & Filing of Minutes - Common Council Meetings, 05.14.24 & 05.28.24 4.Receipt & Filing of Minutes - Library Board, 04.25.24 5.Res 24-302 Disallowance of Claim - Munshower & Smith 6.Res 24-303 Disallowance of Claim - Robertson 7.Res 24-304 Disallowance of Claim - Weigel 8.Res 24-305 Reauthorize Continuance of Self-Insurance for Worker's Compensation 9.Res 24-306 Approve Conditional Use Permit Amendment for an Adaptive Reuse Land Use at 1675 Oregon Street (Plan Commission Recommends Approval) 10.Res 24-307 Approve Specific Implementation Plan Amendment for Monument Sign at 2130 South Washburn Street (Plan Commission Recommends Approval) 11.Res 24-308 Authorize 2024 Grant Application -- Wisconsin Department of Natural Resources Inflation Reduction Act (IRA) Urban Forestry Grant 12.Res 24-309 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for 44th Parallel Park ($289,745.00) 13.Res 24-310 Approve Cooperative Purchase of Two Ford F-150 Pickup Trucks from Ewald's Hartford Ford for General Services Division ($81,236.00) 14.Res 24-311 Award Bid to Restoration Systems, Inc. for 2024 Repairs and Preservation for the Convention Center Parking Ramp for General Services ($107,948.00) 15.Res 24-312 Approve Purchase of Thermal Imaging Cameras from MacQueen Group for the Oshkosh Fire Department ($49,966.85) 16.Res 24-313 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt 17.Res 24-314 Approve Purchase of Security Cameras from Hunter Security & Surveillance for Public Museum ($38,682.58) 18.Res 24-315 Approve Cooperative Purchase of Aerial Lift Truck from Terex USA, LLC for Transportation Department ($265,752.78) 19.Res 24-316 Approve Block Party - Grace Lutheran Church to Utlize Nebraska Avenue for Their Neighborhood Cleanup, June 30, 2024 20.Res 24-317 Approve Special Event - UW Oshkosh New Student & Family Programs to Utilize Market Street for the UW Oshkosh Titan Takeoff Bus Tour, June 24, 25, 26 & 29; July 8, 9, 12, & 31; August 1, 2, 19, 22, & 29, 2024 21.Res 24-318 Approve Special Event - Life Promotions to Hold Lifest at the Sunnyview Exposition Center & Winnebago County Community Park, July 11-14, 2024 22.Res 24-319 Approve Mobile Home Licenses 23.Res 24-320 Approve Secondhand Article Dealer License - ecoATM (inside Pick N Save at 1940 S Koeller St) 24.Res 24-321 Approve Renewal Liquor Licenses 25.Res 24-322 Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - Corner Bar & Grill 26.Res 24-323 Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - ZaRonis 27.Res 24-324 Approve Agent Change - ZaRonis 28.Res 24-325 Approve Original Class "A" Beer License for EAA's Red One Market Grocery Location at 2598 Wittman Road 29.Res 24-326 Approve Special Class "B" Licenses 30.Res 24-327 Approve Appointment to Extraterritorial Zoning Committee H.ITEMS REMOVED FROM CONSENT AGENDA I.PENDING ORDINANCE 31.Ord 24-328 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) 32.Ord 24-329 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) J.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.) 33.*Ord 24-330 Amend Section 2-24 of the City of Oshkosh Municipal Code Pertaining to the Authority of the City Attorney K.NEW RESOLUTIONS 34.Res 24-331 Approve General Development Plan and Specific Implementation Plan for a Drive-through Restaurant Located at 555 South Washburn Street (Plan Commission Recommends Approval) L.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 35.Council Discussion and Direction to Staff A.Council Requests through City Manager 36.Future Workshops A.Undergrounding Utilities, date to be determined M.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS N.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 37.Outstanding Issues O.ADJOURN TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-301 Approve Submittal of 2024 Community Development Block Grant Annual Action Plan (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The City of Oshkosh is a United States Department of Housing and Urban Development (HUD) designated entitlement community and receives Community Development Block Grant (CDBG) funds annually. Entitlement communities are cities with populations greater than 50,000 that can receive CDBG funding each year based on congressional appropriations. The 2024 program year began May 1, 2024, and ends April 30, 2025. Each year, the City prepares a CDBG Action Plan that indicates to HUD how federal funds will be spent. A N A L Y SI SANALYSIS The CDBG entitlement allocation for 2024 is $801,434.00. Staff is proposing 2024 entitlement allocations to the following projects: 1. $50,000 Housing Initiatives (varied regulations; each reference listed with corresponding activity below) Activities may include, but are not limited to, rehabilitation or improvements to a single-family residential property 24 CFR 570.202(a)(1), homeownership assistance 24 CFR 570.201(n) and privately owned utilities (24 CFR 570.201(l). 2. $195,000 Central City Redevelopment (varied regulations; each reference listed with corresponding activity below) Activities may include, but are not limited to, acquisition 24 CFR 570.201(a), clearance and demolition 24 CFR 570.201(d), asbestos removal 24 CFR 570.201(c) and cleanup of contaminated sites 24 CFR 570.201(d). The following 24 CFR 570.201(c) activities that may be undertaken are water/sewer improvements, street improvements, sidewalks, and tree planting. 3. $387,434 Public Facilities 24 CFR 570.201(c) Activities may include, but are not limited to, acquisition, construction, reconstruction, rehabilitation, or installation of public facilities and improvements, except as provided in § 570.207(a), carried out by the recipient or other public or private nonprofit entities. 4. $19,000 Public Services 24 CFR 570.201(e) Activities may include, but are not limited to, assistance to local non-profit agencies that provide needed services to LMI individuals and households. Activities that may be undertaken include health care assistance, emergency shelter, food assistance, peer support, Fair Housing services, advocacy, and education and emergency assistance. *Public Service activities can represent no more than 15% of the total annual grant allocation. 5. $150,000 Program Administrative Costs 24 CFR 570.206 Activities may include, but are not limited to, general management, oversight and coordination, public information, indirect costs, submission of applications for federal programs, administrative expenses to facilitate programs, associated training and related costs, and preparation of functional plans. *Administration activities can represent no more than 20% of the total annual grant allocation. Based on evaluating previous years' programs, the City doesn't expect to receive any program income. However, if program income is received, the City will hold a public comment period on the proposed activity at that time. FI SC A L I M P A CTFISCAL I M P A C T While the CDBG program does not require leveraging, the program does leverage other resources. The City allocates funding through the Capital Improvements Program and the Healthy Neighborhoods Initiatives program for housing related activities, public improvements, landscaping, curb appeal projects, and the acquisition of properties to eliminate slum and blight. These programs and activities leverage additional tax dollars being brought into the City. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Common Council approves the submittal of the 2024 CDBG Action Plan to the United States Department of Housing and Urban Development. The Plan Commission made a determination of consistency on June 4, 2024, that the proposed programs and activities in the 2024 CDBG Action Plan are consistent with the City's Comprehensive Plans, official maps, or other planned activities of the City. Please see the attached staff report for more information. A t t a chment sAttachments Res 24-301 CDBG Action Plan 2024 6/11/2024 24-301 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE SUBMITTAL OF 2024 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN INITIATED BY : COMMUNITY DEVELOPMENT DEPARTMENT   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the primary objective of Title I of the Housing and Community Development Act of 1974, as amended, is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-and moderate-income; and     WHEREAS, the 2024 Annual Action Plan to implement the 2020-2025 Consolidated Plan has been developed to ensure that the activities to be carried out meet one of the national objectives of benefit to low- and moderate-income families; or aid in the prevention or elimination of slums or blight; or meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community; and     WHEREAS, the City developed the 2024 Annual Action Plan and presented the Plan to the Plan Commission on June 4, 2024. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Annual Action Plan is hereby approved contingent upon final approval by the U.S. Department of Housing and Urban Development, projected use of funds and proposed projects, including any proposed acquisition projects. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to file and execute the necessary documents and assurances required by the U.S. Department of Housing and Urban Development and any and all additional information required.   ITEM: PUBLIC HEARING: REVIEW 2024 ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Plan Commission Meeting of June 4, 2024. BACKGROUND Staff requests review and acceptance of the 2024 Annual Action Plan for the Community Development Block Grant Program (CDBG). The purpose of this review is for the Plan Commission to make a determination of consistency that the proposed projects/activities in the 2024 Annual Action Plan are consistent with the City’s 2005-2025 Comprehensive Plan, Comprehensive Plan Update 2040, official maps, or other planned activities of the City. ANALYSIS Staff is requesting the Plan Commission review and accept proposed projects/activities designed to meet one of the national objectives (listed below) of the CDBG program, and recommend Council authorize submittal of the 2024 CDBG Action Plan. - Benefit to low- and moderate-income (LMI) persons - Aid in the prevention or elimination of slums or blight - Meet a need having a particular urgency (i.e. flooding, tornado, etc.) The City prepares and submits an Annual Action Plan to the US Department of Housing and Urban Development (HUD) to demonstrate how federal CDBG funds will be spent. The 2024 Program Year began May 1, 2024 and ends April 30, 2025. The 2024 entitlement allocation is estimated to be $801,434. Staff is proposing 2024 entitlement allocations to the following projects: 1. $50,000 Housing Initiatives (varied regulations; each reference listed with corresponding activity below) Activities may include, but are not limited to, rehabilitation or improvements to a single-family residential property 24 CFR 570.202(a)(1), homeownership assistance 24 CFR 570.201(n) and privately owned utilities (24 CFR 570.201(l). 2. $195,000 Central City Redevelopment (varied regulations; each reference listed with corresponding activity below) Activities may include, but are not limited to, acquisition 24 CFR 570.201(a), clearance and demolition 24 CFR 570.201(d), asbestos removal 24 CFR 570.201(c) and cleanup of contaminated sites 24 CFR 570.201(d). The following 24 CFR 570.201(c) activities that may be undertaken are water/sewer improvements, street improvements, sidewalks and tree planting. 3. $387,434 Public Facilities 24 CFR 570.201(c) Activities may include, but are not limited to, acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements, except as provided in § 570.207(a), carried out by the recipient or other public or private nonprofit entities. 4. $19,000 Public Services 24 CFR 570.201(e) Activities may include, but are not limited to, assistance to local non-profit agencies that provide needed services to LMI individuals and households. Activities that may be undertaken include, health care assistance, emergency shelter, food assistance, peer support, Fair Housing services, advocacy and education and emergency assistance. *Public Service activities can represent no more than 15% of the total annual grant allocation. 5. $150,000 Program Administrative Costs 24 CFR 570.206 Activities may include, but are not limited to, general management, oversight and coordination, public information, indirect costs, submission of applications for federal programs, administrative expenses to facilitate programs, associated training and related costs and preparation of functional plans. *Administration activities can represent no more than 20% of the total annual grant allocation. Based on evaluating previous years program, the City doesn’t expect to receive any program income. However, if program income is received, the City will hold a public comment period on the proposed activity at that time. Final Step Prior to Council consideration, the Action Plan is reviewed by the Plan Commission for consistency with the City’s 2005-2025 Comprehensive Plan, Comprehensive Plan Update 2040, official maps, and other planned activities of the City. Staff has reviewed all proposed projects and activities and none have been identified as being contrary to the Comprehensive Plan, as updated, official maps, or other planned activities of the City. RECOMMENDATIONS/CONDITIONS Staff recommends acceptance of the 2024 Annual Action Plan for the Community Development Block Grant Program, together with a determination of consistency that projects/activities identified above and listed on the attached are not in conflict with the City of Oshkosh Comprehensive Plan, as amended, official maps or other planned activities of the City. The Plan Commission recommended approval of the submittal of the CDBG Action Plan on June 4, 2024. The following is their discussion on the item. Staff report accepted as part of the record. Staff requests review and acceptance of the 2024 Annual Action Plan for the Community Development Block Grant Program (CDBG). Ms. Tardiff presented the item. Staff is proposing the project allocations that are laid out in the staff report under 2024 entitlement allocations. These projects are housing initiatives, Central City Redevelopment, public facilities, public services, planning and administration similar to what you have seen in the past. For this item the Plan Commission is being asked to make a determination of consistency that the proposed activities in the plan are consistent with the City’s Comprehensive Plan, as updated in any other official maps, or planned activities of the City in addition to recommending the plan submission to the City Council. Staff recommends approval. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if any 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 Kiefer. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The Fiscal Year 2024 Annual Action Plan represents the fourth year of the City's Consolidated Plan (Con Plan) for Fiscal Years 2020-2024 as approved by the Oshkosh Common Council and the US Department of Housing and Urban Development (HUD). The Action Plan is the City of Oshkosh's application for HUD entitlement grant funds and identifies the proposed programs and projects to be funded during the City's CDBG Fiscal Year (FY) 2024. During the 2024 Program Year, the City of Oshkosh will pursue the implementation of projects in these categories: 1. Housing Initiatives 2. Central City Redevelopment 3. Public Facilities 4. Public Services 5. Program Administration & Planning A minimum of 70% of funds will be spent on activities that will benefit LMI persons over a three year period, including program years 2023, 2024 and 2025. Activities funded with CDBG funds in this Action Plan will meet the national objectives of benefiting LMI persons and/or preventing or eliminating slum or blighting conditions. It is important to note that the Con Plan sets goals and strategies to be achieved over the FY 2020-2024 period. The six Con Plan Goals represent high priority needs for the City and serve as the basis for FY 2024 programs and activities identified in the Action Plan. The Con Plan goals are listed below in no particular order: 1. Provide safe, decent, affordable housing 2. Provide housing, services and facilities for homeless persons or those at-risk of becoming homeless 3. Provide housing, services and facilities for persons with special needs 4. Improve community facilities, infrastructure, public services and quality of life for residents 5. Create suitable living environment through public facilities or infrastructure improvements 6. Encourage employment and promote economic opportunities 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. Page 3 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) For details regarding the objectives and outcomes targeted in the Con Plan and this Annual Plan in relation to each of the six goals listed above, please refer to Sections AP-20 (Annual Goals and Objectives) and AP-35 (Projects). 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City recognizes that the evaluation of past performance is critical to ensuring the City and its subrecipients are implementing activities effectively and that those activities align with the City's overall strategies and goals. The performance of programs and systems are evaluated on a regular basis. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. In accordance with the City's Citizen Participation Plan, the draft Action Plan is available online at https://www.oshkoshwi.gov/EconomicDevelopment/ and a copy is available for review at the Economic Development Office at Oshkosh City Hall, 215 Church Ave. throughout the thirty day public comment period. Hard copies of the Action Plan are available upon request. The thirty day comment period is May 31, 2024 through July 1, 2024. The FY 2024 Action Plan was presented and discussed at the in-person Plan Commission and Common Council meeting on June 4, 2024 and June 11, 2024, respectively. City staff consulted with representatives from area agencies participating in the Winnebagoland Housing Coalition, as well as the Oshkosh/Winnebago County Housing Authority and ADVOCAP. These agencies provide a wide spectrum of services in the community and represent needs of many different segments of the population to ensure future CDBG programming meets the needs of the community. City staff also consulted with a number of organizations through email correspondence, a summary of those comments are attached. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. A summary of all comments will be attached at the end of this Action Plan if applicable. 6. Summary of comments or views not accepted and the reasons for not accepting them A summary of all comments will be attached at the end of this Action Plan if applicable. 7. Summary Page 4 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator OSHKOSH Community Development Department HOME Administrator N/A Table 1 – Responsible Agencies Narrative (optional) The City of Oshkosh has designated its Community Development Department as the lead agency responsible for administration of the Community Development Block Grant (CDBG) program and associated reports. The Department is also the major public agency responsible for administering programs addressed in the Consolidated Plan and this FY 2024 Annual Action Plan, except for Homeless Programs. The Continuum of Care (CoC) for Homeless Programming is the Winnebagoland Housing Coalition with ADVOCAP as the local non-profit agency taking the leadership role in administration. The City works with numerous community-based organizations, partners, businesses, other funders, as well as City of Oshkosh departments, to plan, develop, implement and evaluate activities outlined in this plan. Consolidated Plan Public Contact Information Emily Tardiff Economic Development Specialist, City of Oshkosh PH: 920.236.5029 Email: etardiff@oshkoshwi.gov Page 5 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction Consultation on development of this Plan was achieved through interviews, e-mail correspondence and public hearings. Efforts were made to consult agencies that provide a wide range of services so that a clear picture of community needs would be available during development of the Plan. The City of Oshkosh consulted with public and private agencies and organizations that provide assisted housing, health services, and social services (including those focusing on services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, homeless persons), community- based and regionally-based organizations that represent protected class members, and organizations that enforce fair housing laws. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City's Community Development Department acts as the single point of contact to coordinate efforts between public and assisted housing providers, as well as private and governmental health, mental health, and social service agencies. The City works with the following agencies to enhance funding and service allocations to address the housing and community development needs of the area:  City of Oshkosh Community Development Department - oversees the CDBG program.  Winnebago County Department of Human Services - provides care and protection to County residents from infancy to old age, through consumer-focused programs designed to maintain and improve the quality of life for consumers and their families.  Oshkosh/Winnebago County Housing Authority - manage the Public Housing and Section 8 Housing Choice Voucher Programs, create improvements to public housing communities, and develop affordable housing.  Social Services Agencies - provides services to address the needs of low- and moderate-income persons and those with special needs.  Housing Providers - rehabilitates and develops affordable housing for low- and moderate- income families and individuals. Including Habitat for Humanity, Oshkosh Kid’s Foundation, COTS, Northpointe Development Inc., Solutions Recovery and NeighborWorks Green Bay.  Winnebagoland Housing Coalition / CoC - oversees the Continuum of Care Network for the City of Oshkosh and Winnebago County. Local jurisdictions, agencies, and organizations will be invited to submit proposals/applications for CDBG funds for eligible activities. These groups are welcome to participate in the planning process by attending the public hearings, informational meetings, and through electronic updates. These groups are notified through the City’s Community Development Department network of upcoming meetings Page 6 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) and funding opportunities. Also, the staff of the Community Development Department have proactively been participating in additional community encounter opportunities and forming partnerships to accomplish larger scale housing and community development activities. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City of Oshkosh is a member of the Winnebagoland Housing Coalition, under the Wisconsin Balance of State Continuum of Care (WIBOSCOC). Winnebagoland Housing Coalition meets quarterly to engage in conversations regarding homeless issues, as well as coordinating the efforts of a variety of agencies serving youth, families, and veterans experiencing homelessness. City of Oshkosh staff attends the local CoC meetings and acts as the City's representative. The City coordinates its activities with the Continuum of Care and supports its applications for funds. The City helps WIBOSCOC to address homelessness by working together to develop a framework to deliver housing and supportive services to the homeless and those at risk of homelessness. The Winnebagoland Housing Coalition identifies regional and local homeless issues; coordinates regional planning; identifies regional housing gaps and needs, strategies, and priorities; provides input for Supportive Services for Veteran Families (SVF) and Emergency Solutions Grants (ESG) applications; participates in completion of the CoC application; monitors Homeless Management Information Systems (HMIS) participation and implementation; and coordinates and follows-up on the Point in Time (PIT) count and Annual Homeless Assessment Report (AHAR). The Winnebagoland Housing Coalition has representation from multiple interest groups including: CDBG Jurisdictions, Public Housing Authorities, domestic violence service providers, Veterans, youth service providers, Community Action Partnerships, homeless service providers, and faith-based organizations. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Most of WIBOSCOC ESG funding is allocated by the Wisconsin Department of Administration, Division of Housing, Energy, and Community Resources (DEHCR). The CoC develops priorities, target populations, outcome measures, and evaluation processes for ESG through an elected agency such as ADVOCAP, including prioritizing Rapid ReHousing (RRH). The CoC decides on ESG funding ranking and project scoring based on knowledge of projects, capacity of applicants and participation in CoC planning. ADVOCAP, as the Collaborative Applicant and HMIS Lead, has access to the Point in Time and Homeless Management Information System (HMIS) data. Page 7 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) The Winnebagoland CoC and the HMIS work together to assess data quality throughout the CoC. This includes working on Annual Homeless Assessment Report (AHAR) submission, the PIT count, project review/ranking, and working with individual programs while completing their Annual Performance Reports (APRs). There are thirty-seven (37) beds at the Christine Ann Domestic Violence Shelter, fifty (50) rooms at Father Carr’s. Lastly, the Day-by-Day Warming Shelter provides shelter and services 365 days of the year with a 50-bed capacity. There are three (3) transitional housing projects within Winnebago County. COTS operates two transitional housing shelters in Oshkosh, one eight (8) bed shelter for women and one ten (10) bed shelter for men. ADVOCAP also operates one scattered-site transitional housing project funded by the Department of Justice. The DOJ-funded project can provide housing for approximately 35 individuals and ten (10) families per year. ADVOCAP also operates a HUD-funded permanent supportive housing project, with three (3) households within Oshkosh in scattered sites, and Rapid Re-Housing projects, with twelve (12) households in Oshkosh. The number of units occupied are directly affected by the availability of housing units at fair market rent, as there is an increasing number of people who need the homeless programs. There are zero Runaway or Homeless Youth beds being reported in Oshkosh or Winnebago County. Additional outreach to volunteer and faith-based organizations will occur through the implementation of coordinated entry. The CoC will work with Veterans to improve participation among VA-funded projects. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Page 8 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization WINNEBAGO COUNTY HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Discussed affordable housing needs in the community as well as the needs of the City's low to moderate income residents, and how the city and housing authority could work together collaboratively 2 Agency/Group/Organization Winnebagoland Housing Coalition Agency/Group/Organization Type Continuum of Care What section of the Plan was addressed by Consultation? Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Public Service Agencies Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Coalition was consulted for affordable housing and public housing needs in the community. City staff attends quarterly Coalition meetings to keep informed on services available and needs of the community 3 Agency/Group/Organization City of Oshkosh Economic Development Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Economic Development Page 9 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Economic development strategies and initiatives that are currently in place or may be undertaken. 4 Agency/Group/Organization Greater Oshkosh Economic Development Corporation Agency/Group/Organization Type Business Leaders Non profit economic development group What section of the Plan was addressed by Consultation? Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? A non-profit corporation that works with the community to provide leadership, direction, coordination, and services to advance economic development in the greater Oshkosh area. 5 Agency/Group/Organization Winnebago County Health Department Agency/Group/Organization Type Services-Persons with Disabilities Services-Persons with HIV/AIDS Services-Health Other government - County What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Lead-based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Lead based paint policies and health and safety needs of Oshkosh residents. Page 10 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 6 Agency/Group/Organization ADVOCAP, INC. Agency/Group/Organization Type Services - Housing Services-Elderly Persons Services-Persons with Disabilities Services-homeless Services-Education Services-Employment Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs HOPWA Strategy Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Consultation regarding affordable housing needs; collaborate on various programs/activities to best serve the community. 7 Agency/Group/Organization City of Oshkosh Public Works Department Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Economic Development Page 11 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Discussion regarding various infrastructure improvements planned during the program year. 8 Agency/Group/Organization Neighborhood Associations Agency/Group/Organization Type Neighborhood Associations Neighborhood Organization What section of the Plan was addressed by Consultation? Housing Need Assessment Neighborhood Initiatives Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Discuss neighborhood programs/activities to create strong and healthy neighborhoods. 9 Agency/Group/Organization Day by Day Warming Shelter Agency/Group/Organization Type Services-homeless Services-Health Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Provide shelter and advocacy. Page 12 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 10 Agency/Group/Organization Greater Oshkosh Healthy Neighborhoods Agency/Group/Organization Type Non-profit What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Neighborhood Initiatives Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Expand on the organization's role in developing, expanding and organizing neighborhood planning projects/programs/activities, acquiring slum and blight properties. 11 Agency/Group/Organization HABITAT FOR HUMANITY OF OSHKOSH INC. Agency/Group/Organization Type Non profit What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Strategy Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Habitat's continued role in construction of new affordable housing for LMI households. Continue partnership projects with City and local PHA. 12 Agency/Group/Organization METROPOLITAN MILWAUKEE FAIR HOUSING COUNCIL Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Fair Housing Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Continue to contract with satellite office in Appleton to provide training opportunities for landlords and tenants, as well as investigate potential fair housing complaints in the community. Page 13 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Identify any Agency Types not consulted and provide rationale for not consulting Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Winnebagoland Housing Coalition Alleviate the impact of homelessness in the community through cooperation and collaboration of social service providers Oshkosh 2005-2025 Comprehensive Plan; Update 2040 City of Oshkosh City's general plan is comprised of various elements that provide a comprehensive slate of city-wide policies and furthers the City's smart growth strategy for growth and development. City of Oshkosh Comp Plan - Housing City of Oshkosh Housing Element was updated and approved in April 2024.It serves as a policy guide to help the city meet its existing and future housing needs. The Plan has the goal of creating and preserving affordable housing stock within the city. Oshkosh Analysis of Impediments City of Oshkosh Analysis of Impediments to Fair Housing Choice presents a demographic profile of the city, assesses the extent of housing needs among specific income groups and evaluates the availability of a range of housing choices for residents Oshkosh Housing Authority 5 Year Plan Oshkosh/Winnebago Housing Authority The goals of the City and Housing Authority are complementary. Oshkosh Strategic Plan City of Oshkosh The goals are complementary. City of Oshkosh Housing Study City of Oshkosh The recommendations in the housing study are similar to the Strategic Plan. The City of Oshkosh made the following amendments to its Zoning Ordinance to allow for use of the Accessory Dwelling Units (ADU) in residential zoned districts. ADUs increase the opportunities for affordable workforce housing in the City of Oshkosh. Working in the coordination of reducing the minimum lot width, increasing density, reducing parking requirements in multifamily development districts, and eliminating the minimum dwelling size to free up lots that historically haven't been able to be developed for housing. Table 3 – Other local / regional / federal planning efforts Narrative (optional) Page 14 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of Oshkosh will publish a public notice with a summary of the proposed Action Plan which includes a list of locations where it may be reviewed. The Action Plan will be available for review at the Community Development Department (215 Church Avenue, Room 201), online at https://www.oshkoshwi.gov/EconomicDevelopment/, and hard copies are available upon request. The notice will include information on the public hearing(s) including location, date and time, along with contact information to submit written comments and the comment deadline. Those with specialized needs are directed to contact the Community Development Department at least five (5) days prior to a meeting. City staff continues to work with community groups, organizations and agencies to increase citizen participation and improve the CDBG application and evaluation process. The Community Development Department goes through the citizen participation process and evaluates how that feedback can be incorporated into the City’s Annual goals and future plan’s goals. Page 15 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Or der Mode of Outr each Target of Outr each Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broa d community Plan Commission (PC) will meet on June 4, 2024 to allow the public the opportunity to comment and recommend approval to the Common Council. The Plan will be approved by Common Council, with any comments received at the PC meeting added prior to the City's submission of the Plan. A summary of all comments will be attached at the end of this Action Plan if applicable. A summary of all comments will be attached at the end of this Action Plan if applicable. N/A Page 16 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Or der Mode of Outr each Target of Outr each Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 2 Public Meeting Non- targeted/broa d community Common Council will meet on June 11, 2024 to allow the public the opportunity to comment and approve the submission and implementation of the 2024 Action Plan. The Plan will be approved, with any comments received at the meeting added prior to the City's submission of the Plan. A summary of all comments will be attached at the end of this Action Plan if applicable. A summary of all comments will be attached at the end of this Action Plan if applicable. N/A Page 17 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Or der Mode of Outr each Target of Outr each Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 3 Email outreach Non-targeted; email distribution of availability of draft Action Plan for comments Email distribution list of 30+ members E-mail comments received expressing needs of individual organizations, also mentioned in the Consultation section of the plan (AP-10). Comments received are summarized in the attachment. N/A Page 18 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Or der Mode of Outr each Target of Outr each Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 4 Newspaper Ad Non- targeted/broa d community A public hearing notice detailing the public hearing schedule and opportunity to comment during the comment period was published in the Oshkosh Northwestern on May 19 and May 26, 2024. A summary of all comments will be attached at the end of this Action Plan if applicable. A summary of all comments will be attached at the end of this Action Plan if applicable. N/A 5 Internet Outreach Non- targeted/broa d community City website linked the public hearing notice detailed in item number 4 above. A summary of all comments will be attached at the end of this Action Plan if applicable. A summary of all comments will be attached at the end of this Action Plan if applicable. https://www.oshkoshwi.gov/EconomicD evelopment/ Table 4 – Citizen Participation Outreach Page 19 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction The City of Oshkosh will receive $801,434 in CDBG entitlement funds for FY 2024 Program Year. Based on evaluating previous years program income from disposing of the CDBG funded properties, the City doesn't expect to receive any program income. However, if program income is received the City will report accordingly. The City’s FY 2024 CDBG program year starts on May 1, 2024 and concludes on April 30, 2025. The following financial resources are identified for the FY 2024 Annual Action Plan and will be used to address the following needs: Community Development; Housing Needs; Economic Development Needs; Neighborhood Initiatives; and Administration, Planning, and Management Needs; Other Special Needs. The accomplishments of these projects/activities will be reported in the FY 2024 Consolidated Annual Performance and Evaluation Report (CAPER). Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Page 20 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 801,434 0 0 801,434 1,168,401 Based on evaluating previous years program income from disposing of the CDBG funded properties, the City doesn't expect to receive any program income. However, if program income is received the City will report accordingly. Other public - federal Admin and Planning Economic Development Public Services Other 0 0 0 0 0 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied. While the CDBG program does not require leveraging, the program does leverage other resources. The City budgets funds in its Capital Improvement Program for additional programs for housing related activities (i.e. acquisition, housing rehabilitation), public facility improvements, landscaping, curb appeal projects, and acquisition of properties to eliminate slum and blight through the Healthy Neighborhood funds. The City also is leveraging American Rescue Plan Act (ARPA) funds to fund public service and infrastructure activities. The City leverages funds from tax increment financing (TIF) Districts as well. Page 21 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Oshkosh may provide vacant/undeveloped lots to private developers, Habitat for Humanity, ADVOCAP or other non-profit/CHDO agencies for construction of new affordable housing units. Discussion Please reference the AP-35 (Projects) Section of the Plan. Page 22 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 CD-3 Public Services 2020 2024 Non-Housing Community Development Oshkosh Priority Areas Other Special Needs CDBG: $19,000 Public service activities for Low/Moderate Income Housing Benefit: 10 Households Assisted 2 CD-1 Community Facilities and Infrastructure 2020 2024 Non-Housing Community Development Oshkosh Priority Areas Center City Community Development Need CDBG: $387,434 Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit: 10 Households Assisted 3 AM-1 Overall Coordination 2020 2024 Administration, Planning, and Management Oshkosh Priority Areas Center City Administration, Planning, and Management Need CDBG: $150,000 Other: 0 Other 4 ED-2 Redevelopment 2020 2024 Economic Development Center City Housing Need Community Development Need Economic Development Need CDBG: $195,000 Buildings Demolished: 1 Buildings 5 HS-3 Housing Rehabilitation 2020 2024 Affordable Housing Oshkosh Priority Areas Other Special Needs Community Development Need CDBG: $50,000 Homeowner Housing Rehabilitated: 8 Household Housing Unit Table 6 – Goals Summary Page 23 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name CD-3 Public Services Goal Description Improve and enhance the public and community development services in the City for low to moderate income households. 2 Goal Name CD-1 Community Facilities and Infrastructure Goal Description Improve the City’s public facilities and infrastructure for low to moderate income areas. 3 Goal Name AM-1 Overall Coordination Goal Description Provide program management and oversight for the successful administration of CDBG programs. 4 Goal Name ED-2 Redevelopment Goal Description Acquire, remediate and dispose of properties to promote the development and revitalization of vacant residential, commercial, and industrial areas. 5 Goal Name HS-3 Housing Rehabilitation Goal Description Rehabilitate the City's dated housing stock to preserve and improve housing conditions for low to moderate income households. Page 24 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction During the 2024 Program Year, the City of Oshkosh will pursue the implementation of projects and activities in four major categories: 1. Housing Initiatives 2. Central City Redevelopment 3. Public Facilities 4. Public Services 5. Program Administration & Planning The use of CDBG funds in 2024 will focus on activities and programs that:  Improve, maintain and create housing accessibility to homeownership for income qualified homebuyers  Revitalize neighborhoods through park and playground improvements, acquisition and elimination of slum and blight properties  Provide funding to various public service agencies, to be determined  Provide training for landlords or tenants on fair housing regulations  Provide administration of the overall CDBG program The project allocations total $801,434, as referenced in AP-05 Executive Summary and AP-15 Expected Resources. Projects # Project Name 1 Housing Initiatives 2 Central City Redevelopment 3 Public Facilities 4 Public Services 5 Administration Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs All funding allocations are consistent with priority needs in the City of Oshkosh and align with the 2020- 2024 Consolidated Plan, Citizen Participation Plan, City Strategic Plan, the Oshkosh Housing Study, and various other documents that guide staff during the allocation process. Every effort was made to ensure that the most vulnerable citizens in Oshkosh are the beneficiaries of the Program Year 2024 CDBG funding allocation. Unfortunately, the needs are greater than the funding received. Page 25 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Page 26 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Housing Initiatives Target Area Oshkosh Priority Areas Goals Supported HS-3 Housing Rehabilitation Needs Addressed Housing Need Funding CDBG: $50,000 Description Funds used to rehab and expand the City's affordable housing stock for LMI households as well as to stabilize and visually improve older LMI neighborhoods. Funds will be used to provide home ownership opportunities to eligible homebuyers by providing direct financial assistance loans. Funds will be used to acquire homes in need of repair, make needed repairs and sell the home to a qualified homebuyer. Improve, maintain and create affordable housing options for LMI persons/households; home ownership assistance, rental rehabilitation, acquisition, rehab, construction/reconstruction and resale to eligible homebuyers. Target Date 5/1/2025 Estimate the number and type of families that will benefit from the proposed activities 8 housing units. Location Description Citywide Planned Activities Activities may include, but are not limited to, rehabilitation or improvements to a single-family residential property 24 CFR 570.202(a)(1), homeownership assistance 24 CFR 570.201(n) and privately owned utilities (24 CFR 570.201(l). 2 Project Name Central City Redevelopment Target Area Center City Goals Supported ED-2 Redevelopment Needs Addressed Housing Need Community Development Need Economic Development Need Funding CDBG: $195,000 Description Assist with the redevelopment of the central city. Target Date 5/1/2025 Page 27 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Citywide benefit. Location Description Central City. Planned Activities Activities may include, but are not limited to, acquisition 24 CFR 570.201(a), clearance and demolition 24 CFR 570.201(d), asbestos removal 24 CFR 570.201(c) and cleanup of contaminated sites 24 CFR 570.201(d). The following 24 CFR 570.201(c) activities that may be undertaken are water/sewer improvements, street improvements, sidewalks and tree planting. 3 Project Name Public Facilities Target Area Oshkosh Priority Areas Goals Supported CD-1 Community Facilities and Infrastructure Needs Addressed Community Development Need Funding CDBG: $387,434 Description Public Facilities 24 CFR 570.201(c): Various public facility improvements carried out by the City, public or private nonprofits and/or other organizations. Target Date 5/1/2025 Estimate the number and type of families that will benefit from the proposed activities Estimated 10 housing units. Location Description Citywide. Planned Activities Activities may include, but are not limited to, acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements, except as provided in § 570.207(a), carried out by the recipient or other public or private nonprofit entities. 4 Project Name Public Services Target Area Goals Supported CD-3 Public Services Needs Addressed Other Special Needs Page 28 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding CDBG: $19,000 Description Public Services 24 CFR 570.201(e): Funds provided to local non-profit agencies that provide needed services to LMI individuals and households. Target Date 5/1/2025 Estimate the number and type of families that will benefit from the proposed activities Citywide benefit. Location Description Citywide. Planned Activities Activities may include, but are not limited to, assistance to local non-profit agencies that provide needed services to LMI individuals and households. Activities that may be undertaken include, health care assistance, emergency shelter, food assistance, peer support, Fair Housing services, advocacy and education and emergency assistance. 5 Project Name Administration Target Area Goals Supported AM-1 Overall Coordination Needs Addressed Administration, Planning, and Management Need Funding CDBG: $150,000 Description Program Administrative Costs 24 CFR 570.206 Target Date 5/1/2025 Estimate the number and type of families that will benefit from the proposed activities Citywide benefit. Location Description Citywide. Planned Activities Activities may include, but are not limited to, general management, oversight and coordination, public information, indirect costs, submission of applications for federal programs, administrative expenses to facilitate programs, associated training and related costs and preparation of functional plans. Page 29 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed All programs, projects, and activities to be carried out under the 2024 Annual Action Plan will meet one of the three National objectives of:  Benefit to low and moderate income (LMI) persons.  Aid in the prevention or elimination of slums or blight.  Meet a need having a particular urgency. Funds will be used to assist LMI persons and households on a city-wide basis or in neighborhoods with approved associations, occur in and benefit LMI/LMA census tracts/block groups, or in spot blighted or approved redevelopment areas. The City's neighborhood associations map will change as new associations are recognized by the City, so for an updated map with low to moderate income census block groups within the City’s approved neighborhood associations, please contact the City's Planning Services Division at 920-236-5059, located in Room 204, City Hall, 215 Church Avenue. Geographic Distribution Target Area Percentage of Funds Oshkosh Priority Areas 75 Center City 25 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Assistance will be directed primarily to LMI census tracts and block groups and recognized neighborhood associations, as well as properties spot blighted or designated as redevelopment areas by the City, or on a community wide basis to LMI income eligible persons. The majority of the LMI census tracts and block groups are located within the oldest areas of the Central City, which are predominately single and two family residential neighborhoods (though many have experienced inappropriate single family to multiple family conversions), but also include a mix of commercial, industrial and institutional uses. Residents in these areas have limited financial capacity to address housing and non-housing conditions, as well as neighborhood revitalization efforts. The City’s 2024 CDBG Action Plan activities and programs are intended to address these needs. Discussion Not applicable. Page 30 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction City of Oshkosh will utilize unspent prior year CDBG funds to support housing financial assistance and owner-occupied housing rehabilitation programs. The following affordable housing accomplishments are expected to be completed during the FY 2024 CDBG Program Year: One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 0 Special-Needs 0 Total 0 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 10 Acquisition of Existing Units 0 Total 10 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The City will fund the following affordable housing activities to achieve the stated one year goals above:  Housing Rehab - An estimate based on previous year productivity Page 31 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The City of Oshkosh will provide funding to support the Oshkosh/Winnebago County Housing Authority and the local Habitat for Humanity’s homebuyers programs with homebuyer financial assistance loans and rehabilitation as needed with unspent prior year CDBG funds. The Oshkosh/Winnebago County Housing Authority currently owns a handful of public housing properties, in addition to a number of scattered sites. Actions planned during the next year to address the needs to public housing The City of Oshkosh will collaborate with the Oshkosh/Winnebago County Housing Authority on projects to further affordable housing for low- to moderate-income households and/or disabled households. Actions to encourage public housing residents to become more involved in management and participate in homeownership Residents of the Oshkosh Housing Authority have an annual meeting with the Executive Director, as well as bi-monthly meetings with property managers and social workers. Additionally, there is a tenant from Raulf Place on the Housing Authority Board. The Housing Authority also sends out newsletters to residents to keep them informed on Housing Authority activities and initiatives. In order to better serve non-English speaking public housing residents, the Housing Authority has translators available for residents. Additionally, the housing authority invites a guest speaker at an annual employee event, and sends out monthly Fair Housing online newsletters to all staff. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable; the Oshkosh Housing Authority and Winnebago County Housing Authority are not designated as troubled. Discussion The City of Oshkosh has identified that there is a need for decent, safe and sanitary housing that is affordable and accessible to address the households affected by housing problems, severe housing problems, and housing cost burdens. The largest groups affected by housing problems are the extremely low-income households and senior households. The Oshkosh/Winnebago County Housing Authority is an important part of the City's affordable housing strategy and the primary assisted housing provider of housing for extremely low income, very low income, and lower income residents of the City of Oshkosh. Page 32 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The Wisconsin Balance of State CoC (WIBOSCOC) serves a total of sixty-nine counties. The 69 counties are organized into twenty-one geographically dispersed local homeless coalitions. The City of Oshkosh is part of the Winnebagoland CoC. The region is made up of two counties which include: Fond du Lac County and Winnebago County. According to the WIBOSCOC governance charter, the purpose of the Wisconsin Balance of State CoC is to lead and support the efforts of its members to end homelessness. The CoC works toward ending homelessness by providing leadership to providers of homeless services and ensuring the efficient and effective delivery of housing and supportive services to individuals and families experiencing homelessness or at risk of homelessness. This includes strongly encouraging community-wide commitment to ending homelessness, providing funding for efforts by nonprofit providers, and promoting access to and effective use of mainstream programs by individuals and families experiencing homelessness. The City continues to collaborate with the Day by Day Warming Shelter and a permanent shelter facility that will offer on-site services, additional resources and additional beds in Program Year 2024. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Homeless service providers maintain contact with other agencies that may not be active members of the housing coalition to facilitate homeless participants accessing services in a timely manner or to assure appropriate referral of persons by other agencies to the homeless service providers. Also, ADVOCAP and the Day by Day Warming Shelter provides staff support to conduct point in time surveys of homeless needs, prepare annual needs assessment and prioritization of unmet needs, and write grants for joint homeless activities. The City will continue to participate as a member of the Winnebagoland Housing Coalition to provide and obtain input from organizations providing the necessary services and assist with funding where possible. The biggest risk factors of homelessness continued to be: 1) a person or family double-up with another family, 2) being released from a psychiatric facility, 3) being released from a substance abuse treatment facility, or 4) being released from a correctional facility. Addressing the emergency shelter and transitional housing needs of homeless persons Page 33 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) The City of Oshkosh will continue to support the Day by Day Warming shelter that serves a small but definite population of persons with limited shelter options in the community. The Day by Day Warming Shelter adds an important level to the continuum of care in this area by providing a safe setting to a vulnerable homeless population. Despite nearly 200 success stories of guests working toward self- sufficiency at the shelter, the need for temporary overnight shelter continues to grow in Oshkosh. Homelessness and the factors affecting it are increasing and the temporary local warming shelter has to regularly turn people in need away. Also, the Redevelopment Authority (RDA) of the City of Oshkosh has leased a single family house to ADVOCAP for short term transitional housing. The City has also provided support to COTs, Solutions Recovery and Christine Ann Domestic Abuse Services, which are organizations in Oshkosh that have grown substantially over the past few years that provide transitional housing services. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Using the HUD System Performance Measure Guidance, the HMIS Lead developed a CoC Performance Report with metrics for “Length of Time Homeless” (LOTH) and reviewed this data with the CoC Data Committee which meets quarterly to review CoC Performance and identify needed interventions. The strategies to reduce the length of time of homelessness include: 1) Coordinated Entry through the Vulnerability Index & Service Prioritization Decision Assistance Tool which included LOTH as a prioritization factor; 2) the CoC adopted a protocol that mirrors CPD 14-012, “Notice on Prioritizing Persons Experiencing Chronic Homelessness and Other Vulnerable Homeless Persons in Permanent Supportive Housing and Recordkeeping Requirements for Documenting Chronic Homeless Status”, which directs Permanent Supportive Housing resources to those with the greatest LOTH; 3) the CoC increased its Rapid Rehousing inventory with the goal of housing people within 30 days of becoming homeless; and 4) the Data Committee reviewed aggregate and project level performance data quarterly to identify where LOTH was not decreasing. Through the use of the VISPDAT, the CoC prioritizes the most vulnerable families. Rapid Rehousing (RRH) programs, along with all project types, are expected to serve families based on their vulnerability score, while utilizing a Housing First approach. The use of RRH has increased throughout the CoC. ESG funds are prioritized for RRH over homeless prevention services. An increase in Supportive Services for Page 34 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Veteran Families (SSVF) resources are being utilized to rapidly rehouse veteran families. The CoC also aims to reduce the rate of individuals and families who return to homelessness. The Wisconsin Balance of State CoC looks at reoccurrence rates as part of the project scoring for HUD Competition each year. The WIBOSCOC looks at one and two-year returns. Winnebagoland CoC’s Permanent Supportive Housing project has a 0% return, one Rapid Rehousing project has an 8% return, and another RRH project has an 11% return. The Center for Veteran’s Issues operates the HUD VASH project in Winnebago County. The Center does not fall under direct control of a single governmental entity. It works as an independent provider and servicer dedicated to ending Veteran homelessness in the state of Wisconsin. The Oshkosh/Winnebago County Housing Authority administers the HUD-VASH program and prioritizes veterans on their waiting list. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to participate on the Winnebagoland Housing Coalition to provide and obtain input from organizations providing the necessary services and assist with funding where possible. While City staff will not lead the effort to create a discharge policy, staff will participate in any efforts to create such a policy. Discussion The City of Oshkosh does not receive any private funds to address homeless needs or to prevent homelessness. There are a number of public and private organizations providing these homeless services in the community and the City supports these agencies through funding public service agencies. The City also allocated a portion of American Rescue Plan Act (ARPA) funds to support homelessness initiatives. The Continuum of Care (CoC) in Oshkosh has a direct influence in addressing the needs of the homeless, as well. Page 35 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: In 2020, the City of Oshkosh prepared an Analysis of Impediments to Fair Housing Choice (AI). The AI identified local jurisdictional and regional collaborative actions the participants will undertake over the next five years to address fair housing choice and housing affordability. The City of Oshkosh Community Development staff respond to questions from City residents pertaining to the Fair Housing Act and its provisions. City staff are familiar with local Ordinances and Federal laws concerning fair housing that are designed to protect all residents of the community from discrimination. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The Oshkosh public transportation system, provides bus service to LMI households in Census Tracts 1, 2, 4, 5, 7, 8 , 11, 12, 14 and 15. As City streets are resurfaced, they are designed to enable safe access for all users, including pedestrians, cyclists, motorists and transit riders, that helps create a livable community for all citizens. Also, there are a number of State and local regulations designed to promote the orderly development and maintenance of safe, decent and sanitary housing in the community. To eliminate duplication, the City uses the building codes established by the State for uniform construction standards. Consequently, the City’s building codes do not appear to hinder the development or preservation of affordable housing. Likewise, the locally established Minimum Housing Code does not create a barrier for affordable housing. These standards parallel the National Minimum Housing Code Standards and are minimum requirements established to preserve and promote the public health, safety, comfort, personality and general welfare of the people. Their enforcement is necessary to preserve and encourage the private/public interests in housing and its maintenance. Legal Action of Wisconsin (LAW) provides legal aid related to affordable housing, serving low-income residents living in the City. LAW staff provides assistance to residents who face eviction, are denied housing, or are forced to live in uninhabitable conditions. Information on foreclosures, consumer issues, and fair housing is also provided to the residents. LAW policies and activities promote the awareness of fair housing requirements. They provide consultation to developers and municipalities to ensure that rental and for-sale units are marketed in accordance with the affirmative marketing rules of the U.S. Page 36 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Department of Housing and Urban Development. LAW ensures that all housing programs and services provided by the City, its municipalities, and LAW itself, are administered in a way that promotes fair housing on the basis of race, national origin, religion, gender, disability, and familial status. The City contracts with the Fair Housing Center of Northeastern Wisconsin (FHCNW), a satellite office of the Metropolitan Milwaukee Fair Housing Council (MMFHC), for fair housing services. The FHCNW Outreach & Education Program provides fair housing training for interested parties, fair housing technical assistance for government agencies, development and distribution of fair housing educational materials, and presentations to the general public. The mission of FHCNW is to promote fair housing throughout the State of Wisconsin by combating illegal housing discrimination and by creating and maintaining racially and economically integrated housing patterns. The City made the following amendments to its Zoning Ordinance to allow for use of the Accessory Dwelling Units (ADU) in residential zoning districts. ADUs are smaller, independent residential dwelling units located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs increase the opportunities for affordable workforce housing in the City. Working in the coordination of reducing the minimum lot width, increasing density, reducing parking requirements in multifamily development districts, and eliminating the minimum dwelling size to free up lots that historically haven’t been able to be developed for housing sites All residential properties are assessed on a citywide basis using market sales data of comparable properties in and around the immediate neighborhood. Citywide assessing ensures an equitable treatment of residential property and provides an incentive to those who maintain and improve their properties. Discussion: The City of Oshkosh will continue to monitor and review public policies for discriminatory practices, and/or impacts on housing availability during this program year. In addition to the proclamation, the City has completed the following activities to promote fair housing: The City continues to contract with Milwaukee Fair Housing Council and has revised the Fair Housing Ordinance to reflect the current structure for investigation and disposition of complaints through a third-party contract (Fair Housing Council) as needed. The City continues to administer a voluntary Residential Rental Registration and Inspection program. The City-wide program is voluntary and provides for the registration and inspection of residential rental dwelling units in the City to ensure units provide safe, decent, and sanitary living conditions for tenants and to prevent further deterioration of those units. Page 37 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: City of Oshkosh has developed the following actions to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based hazards, reduce the number of poverty-level families, develop institutional structures, and enhance coordination between public, private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs The primary obstacle to meeting the underserved needs in the City is the limited financial resources available to address the priorities identified in the Five-Year Consolidated Plan and the lack of affordable housing in the City. The City will take the following actions during the program year:  Continue to leverage its financial resources and apply for additional public and private funds  Continue to provide financial assistance for housing initatives  Continue to provide funding for public service activities  Continue to do provide public facility improvements Actions planned to foster and maintain affordable housing The City will fund the following affordable housing activities with FY 2024 CDBG funds:  Central City Redevelopment  Housing Initiatives  Public Services Actions planned to reduce lead-based paint hazards The City will continue to comply with Title 24 Part 35: Lead-Based Paint Poisoning Prevention in Certain Residential Structures (Current Rule) for its Housing Rehabilitation Program. In order to meet the requirements of the lead-based paint regulations, the City will take the following actions regarding housing rehabilitation:  Applicants for rehabilitation funding receive the required lead-based paint information and understand their responsibilities.  Staff properly determines whether proposed projects are exempt from some or all lead-based paint requirements.  The level of Federal rehabilitation assistance is properly calculated and the applicable lead- based paint requirements determined.  Properly qualified personnel perform risk management, paint testing, lead hazard reduction, Page 38 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) and clearance services when required.  Required lead hazard reduction work and protective measures are incorporated into project rehabilitation specifications.  Risk assessment, paint testing, lead hazard reduction, and clearance work are performed in accordance with the applicable standards established in 24 CFR Part 35, Subpart R.  Required notices regarding lead-based paint evaluation, presumption, and hazard reduction are provided to occupants and documented.  Program documents establish the rental property owner's responsibility to perform and document ongoing lead-based paint maintenance activities, when applicable. Actions planned to reduce the number of poverty-level families The City’s goal is to reduce the extent of poverty by actions the City can control and through work with other agencies and organizations. Actions planned to develop institutional structure The City's Community Development Staff will coordinate activities among the public and private agencies and organizations in the City. This coordination will ensure that the goals outlined in the FY 2020-2024 Five-Year Consolidated Plan will be effectively addressed by more than one agency. The staff of the Economic Development Division will facilitate and coordinate the linkage between these public and private partnerships and develop new partnership opportunities in the City. This coordination and collaboration between agencies is important to ensure that the needs of the residents of the City of Oshkosh are being addressed. Actions planned to enhance coordination between public and private housing and social service agencies The City is committed to continuing its participation and coordination with social service agencies, housing agencies, community and economic development agencies, City, county, federal, and state agencies, as well as with the private and non-profit sectors, to serve the needs of target income individuals and families in the City. The City accepts funding requests for CDBG funds annually. The Economic Development Division staff provides help and technical assistance as needed to assist these public agencies that receive CDBG funding. Discussion: None Page 39 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: The City of Oshkosh expects to receive $801,434 in CDBG entitlement funds for FY 2024 Program Year. Based on evaluating previous years program income from disposing of the CDBG funded properties, the City can't expect to receive any program income. However, if program income is received the City will report accordingly. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.07% Attachments Page 40 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Grantee Unique Appendices Community For Hope 1. When working with citizens in Oshkosh, what has your organization identified as the greatest need to effectively serve the citizens? The greatest need we have, in order to provide adequate education related to mental health and suicide prevention, is our lack of employees to increase the number of individuals served. There is not any one part of the city, that would NOT benefit from our services, but we need to hire additional staff. 2. What barriers is your organization facing when trying to help community members and meet the goals of your organization? Lack of capacity within our organization to serve the wide population of the city. We love partnering with organizations, manufacturing companies, schools, businesses- to provide evidence based education related to mental health and suicide prevention. However, we need additional employees to do that, we need to add to our infrastructure. Additionally, finding adequate meeting space that is accessible to all for any type of grief group, mental health group, or educational group can be challenging. 3. Has your organization identified gaps in services that would positively impact the citizens in Oshkosh but is currently not available? Access to Mental Health services and mental health resources is lacking. If we were able to provide more prevention education, reach more people, we believe that people would be less likely to fall into crisis. Look at PREVENTION programs! 4. What is the number one issue you see when assisting community members? Access to resources. The resources need to be where the people are- people are not going to seek out the resources and services. We need to inbed the resources within the city. That is why we are renting space at the Hyde Community Center. We are trying to be where the people in need are. The more employees we are able to hire, the more we can inbed our resources into the shelter, the schools, Solutions, etc. Page 41 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Oshkosh Kid’s Foundation 1. When working with citizens in Oshkosh, what has your organization identified as the greatest need to effectively serve the citizens? Livable low income housing for them to transition to, childcare, transportation ( hours of buses, low amount of affordable used cars, affordable vehicle services), mental health services 2. What barriers is your organization facing when trying to help community members and meet the goals of your organization? Child care-availability, affordability, 2nd shift and weekends. Transportation to work. 3. Has your organization identified gaps in services that would positively impact the citizens in Oshkosh but is currently not available? Child care is our biggest challenge to allow our families to get living wage employment. 4. What is the number one issue you see when assisting community members? Child care and mental health services. Page 42 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Owner, Community & Nonprofit Leadership Consulting, LLC 1. When working with citizens in Oshkosh, what has your organization identified as the greatest need to effectively serve the citizens? Substance use treatment, sober living, affordable housing, affordable and flexible childcare, access to food 2. What barriers is your organization facing when trying to help community members and meet the goals of your organization? People aren't able to find affordable housing, especially for people who may have eviction or felony history, even if they're trying to start over or are in recovery. It is hard for people to have jobs, especially mothers, if they aren't able to find affordable and flexible childcare. Families are still greatly struggling with getting food, and even though we have an amazing community pantry, it's hard for them to get there (with the times it's open or with transportation or with trying to ride the bus and take care of young kids and hold their packages). 3. Has your organization identified gaps in services that would positively impact the citizens in Oshkosh but is currently not available? 1. Substance use treatment 2. More community-wide childcare options 3. Increase in sober living or sober housing (after people have completed sober living programs). 4. What is the number one issue you see when assisting community members? Unfortunately, there is so much. This next year I want to focus on food insecurity since it seems a lot easier to figure out then the rest. I hope the city can focus most on housing and childcare Page 43 Annual Action Plan 2024 OMB Control No: 2506-0117 (exp. 09/30/2021) Greater Oshkosh Economic Development Corporation 1. When working with citizens in Oshkosh, what has your organization identified as the greatest need to effectively serve the citizens? Our riders of Oshkosh are struggling to balance meeting their basic needs and maintaining employment. Many of our riders have expressed their inability to purchase an affordable car, maintain a safe car with low income, or secure any type of transportation services due to their current situation of being homeless, just starting employment or in a recovery program. The high costs of housing, food, clothing, and transportation are out of budget for a large portion of our community members. When one basic need is not met, it disrupts all the other basic needs. We collaborate with Lutheran Social Services and other social service programs to help improve the lives of Oshkosh community members, through access to gainful employment. 2. What barriers is your organization facing when trying to help community members and meet the goals of your organization? Barriers our organization is facing when trying to help community members and meet our goals include the lack of priority given to transportation by additional community leaders, challenges with federal and state funding such as reduced funding, and local businesses not engaging in our program to alleviate costs for their employees. We rely on grants and local funds to operate the program, but we have not found a sustainable long-term solution or program model for our employment transportation program. Due to its constraints of limited funding sources and declining transportation providers such as cab companies. 3. Has your organization identified gaps in services that would positively impact the citizens in Oshkosh but are currently not available? Our organization has identified gaps in services that could positively impact the citizens in Oshkosh but are currently not available. We are a short-term solution with a limited budget and are unable to service riders in the middle and high-income levels due to current grant budgets and capacity. Additionally, we do not receive any investments from employers whose employees use our program, which could significantly benefit both the businesses and our program. 4. What is the number one issue you see when assisting community members? The number one issue we see when assisting community members is the lack of financial income and support, they have to provide their basic needs for themselves or their families. Some have no income and rely on our program for transportation to their new jobs, while others lack the necessary income or savings to purchase or repair their cars to get to work. Page 44 SUB JEC T:SUB JEC T :Report of Bills D A TE :D A T E :June 11, 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 by the City Comptroller and are herewith submitted for your allowance in the amount of $2,480,776.89. Bills paid May 24 and May 31, 2024 $1,304,106.39 Payroll paid June 7, 2024 $1,176,670.50 A t t a chment sAttachments 05312024 Checkrun CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 10069 05/31/2024 ADAM KRAUSE 150.58 10070 05/31/2024 AIRGAS USA LLC 3,265.44 10071 05/31/2024 ANTHONY L NEUMANN 94.74 10072 05/31/2024 CARRICO AQUATIC RESOURCES INC 17.32 10073 05/31/2024 CHEMTRADE CHEMICALS US LLC 4,246.08 10074 05/31/2024 CINTAS CORPORATION NO 2 653.06 10075 05/31/2024 CORE AND MAIN LP 40,900.00 10076 05/31/2024 CUMMINS SALES AND SERVICE 7,330.43 10077 05/31/2024 DR HANSEN PLUMBING LLC 136.37 10078 05/31/2024 FRANK'S RADIO SERVICE INC 4,963.33 10079 05/31/2024 GFL ENVIRONMENTAL 190.74 10080 05/31/2024 HOLIDAY WHOLESALE 1,659.64 10081 05/31/2024 HORST DISTRIBUTING INC 276.11 10082 05/31/2024 HUNTER SECURITY AND SURVEILLANCE 10,852.48 10083 05/31/2024 KEMIRA WATER SOLUTIONS INC 9,864.88 10084 05/31/2024 KERBERROSE S.C.18,500.00 10085 05/31/2024 KURZ INDUSTRIAL SOLUTIONS INC 5,272.00 10086 05/31/2024 LEVENHAGEN OIL CORPORATION 18,404.59 10087 05/31/2024 MACQUEEN EQUIPMENT GROUP 946.07 10088 05/31/2024 MARK A ROHLOFF 60.67 10089 05/31/2024 MCC INC 3,005.76 10090 05/31/2024 MONROE TRUCK EQUIPMENT 224.09 10091 05/31/2024 NORTHERN LAKE SERVICE INC 533.87 10092 05/31/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 12,221.31 10093 05/31/2024 QUALITY TRUCK CARE CENTER INC 214.21 10094 05/31/2024 UNITED RENTALS INC 9,826.66 10095 05/31/2024 VENTEK INTERNATIONAL 891.95 10096 05/31/2024 WI PUBLIC SERVICE CORP 12,426.63 10097 05/31/2024 WINNEBAGO COUNTY TREASURER 493.88 5001714 05/31/2024 ALEXANDER CHEMICAL CORPORATION 28,822.38 5001715 05/31/2024 ANDY RADIG 276.66 5001716 05/31/2024 JEFFERY BERRES 171.20 5001717 05/31/2024 BOUND TREE MEDICAL LLC 2,738.26 5001718 05/31/2024 CARAHSOFT TECHNOLOGY CORPORATION 14,692.35 5001719 05/31/2024 CASEY KOELBL 15.81 5001720 05/31/2024 COMMON SCHOOL FUND 4,125.00 5001721 05/31/2024 CIARA J ELLIS 5.93 5001722 05/31/2024 EMMA DZIENGELESKI 137.55 5001723 05/31/2024 FOX VALLEY TECH COLLEGE 885.00 5001724 05/31/2024 GALLS LLC 66.87 5001725 05/31/2024 GB LEAD SERVICES LLC 3,474.00 5001726 05/31/2024 HEIDI HEATH FARMS INC 2,801.00 5001727 05/31/2024 HENRY SCHEIN INC 928.50 5001728 05/31/2024 HMF INNOVATIONS LLC 9,717.00 5001729 05/31/2024 HOUSE OF FLOWERS 203.85 5001730 05/31/2024 DIANE A HOUTS 58.11 5001731 05/31/2024 IAN JACOB SEAHOLM 100.00 5001732 05/31/2024 JACOBSON CONTRACTING LLC 12,120.00 5001733 05/31/2024 JEMAZA PROPERTIES LLC 39.42 5001734 05/31/2024 JERRY FABISCH 42.85 5001735 05/31/2024 KITTY CORONA 750.00 5001736 05/31/2024 KRUMENAUER CO INC 1,595.00 5001737 05/31/2024 THE LEAGUE OF WISCONSIN MUNICIPALITIES 40.00 5001738 05/31/2024 MATTHEW B STEINERT 10.00 5001739 05/31/2024 MICHAEL MALONE 3,000.00 5001740 05/31/2024 NAVIGATE WELLNESS LLC 144.00 5001741 05/31/2024 NICKIE TRITT 30.00 5001742 05/31/2024 CITY OF OSHKOSH 48.46 5001743 05/31/2024 CITY OF OSHKOSH UTILITIES 63.89 5001744 05/31/2024 PARK 'N PRINT INC 193.50 5001745 05/31/2024 REGISTRATION FEE TRUST 339.00 5001746 05/31/2024 SARAH DANAHY 260.00 5001747 05/31/2024 SCOTT WILLIAMS 266.66 5001748 05/31/2024 STERICYCLE INC 261.46 5001749 05/31/2024 STEVEN GOHDE 806.66 5001750 05/31/2024 THE HOME DEPOT PRO 137.95 5001751 05/31/2024 THOMAS R KARRELS PE SC 12,500.00 5001752 05/31/2024 UNITED PARCEL SERVICE 148.94 5001753 05/31/2024 VERIZON WIRELESS 120.05 5001754 05/31/2024 WATERFEST INC 2,500.00 5001755 05/31/2024 WINNEBAGO COUNTY CLERK OF CIRCUIT COURT 5.00 5001756 05/31/2024 ZILLGES MATERIALS INC 336.00 5001757 05/31/2024 ZOLL MEDICAL CORPORATION 1,091.30 273,692.50 SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Common Council Meetings, 05.14.24 & 05.28.24 D A TE :D A T E :June 11, 2024 A t t a chment sAttachments 05.14.24 DRAFT 05.28.24 DRAFT D R A F T CITY COUNCIL MINUTES 05.14.24 CALL TO ORDER - 6:00 PM ROLL CALL Present:Mayor Matt Mugerauer; Kris Larson; Joe Stephenson; Deputy Mayor Karl Buelow; Paul Esslinger; DJ Nichols; Jacob Floam Staff:Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Kelly Nieforth, Community Development Director; Diane Bartlett, City Clerk INVOCATION - VOTING FIRST: Deputy Mayor Buelow PLEDGE OF ALLEGIANCE: Vel Phillips Middle School STAFF INTRODUCTION: Ryan Lemke, Field Operations Manager PROCLAMATIONS University of Wisconsin Oshkosh Women's Gymnastics Team Received by UWO Gymnastics Team National Public Works Week, May 19 - 25, 2024 Received by James Rabe Arbor Day, April 26, 2024 (Issued) Dr. Sumit Ringwala Day (ONHS Hall of Fame Inductee), May 6, 2024 (Issued) PRESENTATION - Housing Plan Implementation Community Development Director Kelly Nieforth and planning Services Manager Mark Lyons PUBLIC HEARING (NOTE: no formal action was taken at this meeting on the item below) *Ord 24-239 Adoption of an Amendment to Chapter 3: Housing of the City of Oshkosh Comprehensive Plan 2040 (Plan Commission Recommends Approval) CITIZEN STATEMENTS TO COUNCIL Nate Gustafson (1820 County Road 27, Fox Crossing) introduced himself as the representative of the 55th assembly. Gustafson noted that because of new redistricting, his district now hits south Oshkosh. Mr. Gustafson wanted to introduce himself and reiterate to the Council how important the reevaluation process is and to remind council to take a hard look at needs and wants throughout the budget process. Ashlee Hesse (4815 Plummers Point Road, Oshkosh) expressed his happiness regarding the housing plan and presentation that was presented at today's meeting. Mr. Hesse went on to express an interest in sharing a resource called the Area Deprivation Index. This is a good tool that can be used by anyone. This index when broken down can look at group's labels as disadvantaged. While looking at the data, Mr. Hesse saw that the City of Oshkosh scored high in the "negative data". Mr. Hesse also wanted to promote a public forum that would address dyslexia and literacy. This event is June 12 at Becketts and it is sponsored by the Learning Collaborative. TJ Hobbs (520 High Avenue, Oshkosh) spoke briefly in regard to DEI's ability to review ARPA applications. Hobbs noted that DEI was not given the opportunity to review all the applications. Hobbs asked council to please follow up on the resolution while reviewing the applications. Mr. William Rothy (862 W 10th, Oshkosh) Mr. Rothy spoke regarding a tax bill he received in the mail and his displeasure with it. Rothy spoke of how this is a burden, as he is finding it hard to pay the bills and medical expenses. Mr. Rothy was there to represent the older community. Rothy then went on to read social media posts in regard to the assessments that were recently sent by Oshkosh citizens. CONSENT AGENDA ITEMS Report of Bills Receipt & Filing of Minutes - Common Council Meetings 03.12.24 03.26.24 04.09.24 04.16.24 04.23.24 Receipt & Filing of Minutes - Library Board, 03.28.24 Receipt & Filing of Claim - Laferty Receipt & Filing of Claim - Lutz Receipt & Filing of Claim - Robertson Res 24-240 Disallowance of Claim - Laferty Res 24-241 Approve Professional Services Agreement from T.R. Karrels & Associates for Design Services for Grand Opera House Annex Renovation ($389,000.00) Res. 24-242 Approve Placement of Oshkosh Woodworkers Strike Historic Sign Near the Boatworks Riverwalk Site (Advisory Park Board Recommends Approval). Res 24-243 Award Bid to Cardinal Construction Co. Inc. for Siding and Door Replacements for Oshkosh Seniors Center South ($174,838.00) Res 24-244 Award Bid to Sonseeker Pool Masonry LLC for Plastering Repair and Restoration for Pollock Community Water Park Leisure Pool ($402,432.00) Res 24-245 Approve Cooperative Purchase of Ride-on Floor Sweeper/Scrubber from United Rentals for Parks Department ($78,060.25) Res 24-246 Approve Cooperative Purchase of Cleaning Services of Shop Supplies and Uniforms to Cintas Corporation for City Departments (Various Amounts) Res 24-247 Approve Purchase of 2024 Water Meters and Transmitters from Core and Main for Water Utility Division ($826,285.00) Res 24-248 Approve Acceptance of Waivers of Special Assessment Notices and Hearings for Storm Sewer Laterals Res 24-249 Approve Final Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 24-20 / Various Locations with Signed Waiver Res 24-250 Approve Amendment No. 1 to Professional Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Roofs Replacement (+$146,942) Res 24-251 Award Bid for Public Works Contract No. 24-21 to August Winter & Sons, Inc. for Wastewater Treatment Plant Secondary Clarifiers #2 and #4 Improvements ($537,000) Res 24-252 Approve General Development Plan Amendment and Specific Implementation Plan for a Vehicle Service Facility at the Southwest Corner of West 20th Avenue and West South Park Avenue (Parcel 1323120200) (Plan Commission Recommends Approval) Res 24-253 Approve Special Event - Kelly's Bar to Hold Their Graduation Beer Gardens in the Parking Lot of Kelly's Bar (219 Wisconsin St), May 17 & 18, 2024 Res 24-254 Approve Special Event - Ardy & Ed's Drive In to Utilize Doty Street for the Ardy & Ed's Cruise Nights, May 23, June 23, July 18 & August 22, 2024 Res 24-255 Approve Special Event - Oshkosh Area School District to Host High School Graduation at the UW Oshkosh Kolf Sports Center, May 25, 2024 Res 24-256 Approve Amendment of City Ward Maps to Comply with Legislative District Boundaries Res 24-257 Approve Temporary Liquor License Extensions Res 24-258 Approve Agent Change - Applebee's Res 24-259 Approve Agent Change - Kwik Trip Res 24-260 Approve Special Class "B" Licenses Res 24-261 Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - David Viaene (1226 Oshkosh Ave) Res 24-262 Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - Jansen's Bar & Restaurant (344 Bowen St) Res 24-263 Approve Appointment of Council Member as Liaison to Museum, Arts and Culture Board APPROVE CONSENT AGENDA ABOVE Motion To Approve Deputy Mayor Karl Buelow Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed ITEMS REMOVED FROM CONSENT AGENDA - NONE PENDING ORDINANCE Ord 24-264 Approve Zone Change from Institutional (I) to Two Flat Residental-10 (TR-10) for the Property Located at 1333 Eastman Street (Plan Commission Recommends Approval) Motion To Approve Deputy Mayor Karl Buelow Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed Ord 24-265 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) at 502 West Murdock Avenue (Plan Commission Recommends Approval) Motion To Approve Deputy Mayor Karl Buelow Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed NEW ORDINANCES (NOTE: no formal action was taken on the items below) *Ord 24-266 Approve Request to Attach to the City from the Town of Algoma / Rural II Voluntary Attachment - 1ST READING NEW RESOLUTIONS Res 24-267 Budget Amendment for 2024 Fire Special Revenue Fund Funding Assistance Program to Approve an Increase in Expenditures ($14,295.00) Motion To Approve Deputy Mayor Karl Buelow Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed Res 24-268 Approve Operator License - Whitcomb (Staff Recommends Denial) Kesi Whitcomb (1431 Powers Street, Oshkosh) spoke regarding her appeal of the denial of the bartender's license. Whitcomb referenced her letter of appeal that council received and asked council to grant her the operator's license. Whitcomb noted that the findings from the police department and all citations were dropped. Therefore, Ms. Whitcomb believes that she should be eligible for an operator's license. Council Member Buelow thanked Ms. Whitcomb for coming in and recognizing that being in the hospitality business can be difficult. Buelow thanked her for the letter and noted that the letter stated that she wanted to change her process for verifying identification. Council member Buelow asked how she has changed her process. Ms. Whitcomb replied that she is conscious of the mistake and does not want it to happen again. Therefore, she thoroughly checks IDs, especially customers appearing under the age of 40. Whitcomb noted that she does not want to make the mistake again. Council Member Buelow recognizes that council is being asked to override the recommendation of the Chief of Police. He also understands and appreciates the applicant for coming forward. Council Member Nichols stated that he appreciated the applicant coming in and the letter that the council received. Nichols went on to ask when the applicant served the underage person if a penalty was assessed? The applicant replied that the penalty has not been paid yet, but it will be taken care of. Council Member Larson requested clarification of the process and if we often deny new applicants/operator licenses. City Attorney Lorenson reiterated that this application was not a renewal but a new application for an operator's license. Chief Smith explained the process that the police department does with applications. If there is anything that the applicant has left off or forgot to include, the applicant is given the opportunity through the clerk's office to amend and add any pertinent information. The police department then reevaluates and reassesses the application. Council Member Larson then questioned if council could approve a provisional or probational bartender license with the stipulation that the applicant could lose their license if they did something wrong. Council Member Nichols then inquired about a rubric regarding the approval process. Police Chief Smith noted there are so many different situations that a rubric would not fit. Chief Smith also explained the list of checks that each applicant goes through in the process of approval. Council Member Nichols noted that if Council did/did not approve the license, the establishment where the bartender is employed is ultimately responsible for hiring the individual operator. Chief Smith said yes. Ms. Whitcomb then stated that if she were to work without an operator's license, the establishment would need to hire a licensed operator to be present when Whitcomb worked, which would be an added cost for the establishment. Council Member Larson inquired about a probationary license and if this was a possibility..... Attorney Lorenson noted that regardless, a full revocation of the license would be necessary if council wanted to take away any license. Council Member Esslinger agreed with other council and is not sure that this rises to the level of council denying her license. Deputy Mayor Buelow reiterated that the establishment and the operator can be fined if the operator breaks the law. Ultimately, the establishment must review the operator's performance. Buelow then asked Ms. Whitcomb when she took the bartenders course, at which Whitcombe stated that she took the course when she first applied for the license, in early December. Chief Smith noted that the decision is ultimately up to council. Council Member Floam appreciated the conversation and is inclined to support issuing the operator's license. Motion To Approve Deputy Mayor Karl Buelow Second Paul Esslinger AYE:Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam No:Mayor Matt Mugerauer 6 - 1 Passed Res 24-269 Approve Class "B" Beer License/ Combination Novelty Store and Tavern (CanCan, LLC) Chandra Anderson (542 W 16th, Oshkosh) spoke in support of the new CanCan store, asked Council to consider this new and exciting innovative idea, and asked that Council support the application. Kate Voss (584 N. Main Street, Oshkosh), owner of CanCan summarized information that was provided to Council regarding the CanCan operating idea. Ms. Voss also spoke about her music and producing information and how they came to Oshkosh and wanted to grow roots here and bring something new and progressive to the area. City Manager Rohloff spoke about how staff had worked with Ms. Voss regarding her interpretation of a novelty store because this is the first in our area. It was important for staff and Ms. Voss to work together to present the findings to Council. Council Member Nichols agreed that this is a unique opportunity. Nichols asked about conditions regarding issuing a liquor license, if this was done in the past, and some of the wording that was presented for this particular application. Council Member Floam stated that he believes the conditions seem redundant. Council Member Buelow asked about underage patrons as he noted that it is an endearing concept, just not for him, but that's OK. It doesn't have to be for him and thanked Ms. Voss for coming and bringing this forward to council. Council Member Larson reiterated the exemption and is grateful for their bringing this forward. Larson is worried that future applicants may find it difficult to apply for a license in the City of Oshkosh if they can only get one with stipulations. Community Development Director Nieforth noted that the City of Oshkosh has many codes. The zoning code for this particular building is good, but as the use code is affected, this needs to get approved as an assembly. Community Development / Economic Development is very supportive of this project just as long as the building is brought up to code. Chief Building Official Fabish explained what an assembly definition falls under. Fabish noted that an assembly is when people are gathering and especially if there is alcohol involved puts it under the assembly umbrella. Council Member Larson clarified that the ordinance that stipulates assembly, but noted that this is not a large assembly location. Chief Building Official Fabish stated that the bottom line is that this becomes an assembly use with this application. People will be gathering in the space for longer period of time, and things need to be brought up to code like, ADA accessibility, egress, fire codes etc. When the fire department first looked at this, the business plan was for a mercantile/novelty store, not a tavern. As a mercantile/store all codes were approved. Now that the applicant is applying for a liquor license it changes the zoning and it needs to be up to standard for assembly/gathering. This is a change of use. Fire Chief Stanley confirmed that the initial fire inspection was done as the applicant stated the business was for a novelty/mercantile store. Now, the applicant is looking to change the intended use offering a place to come in and have a beverage stay longer than originally anticipated. This now puts the business in a different category and needs approval from OFD. The building needs more fire protection, added exit lighting, etc..... Ultimately, we want to make sure that we are protecting the safety of the occupants. City Manager Rohloff suggested amending the resolution to reflect the current wording on liquor license applications. Council Member Stephenson stated that they had been discussing semantics and wanted to confirm that council is not giving anyone special treatment. Stephenson noted he did not want to be seeing other stores selling Knick Knacks with alcohol in the back. Council Member Larson agreed that the amendment should reflect the current wording used on other liquor license applications, and this resolution should look like any other resolution for a liquor license application. Mayor Mugerauer noted that this same discussion came up with the Dora initiative. At that time Council had noted that during discussions they agreed that alcohol would not be sold at mercantile/regular stores, period. This discussion means that council is managing by exception and council is treating this applicant differently. We are trying to be creative and promote adaptability and visualize a vibrant downtown area. Mugerauer then asked the applicant. Why do you need to sell alcohol to have such a vibrant space? Ms. Voss went on to say that this was always part of her business plan. It was something unique and different. The ability to offer a customer a beverage while they came into her store to browse, look at art, possibly talk to others about local artists' products, etc... adding this element will give her establishment more room to grow, expand, and get customers through the door. Mayor Mugerauer noted that the state is not in support of this. He believes this will not be the only application that we see of this type. That being said, if staff is comfortable with the changes and amendments being proposed we can move forward. Mugerauer also stated that every time we go against the recommendations of staff, council is opening itself to jeopardizing the safety and health of the community Mugerauer reiterated that he believes this is a dangerous president that council is setting Council Member Esslinger believes that government puts up too many barriers, puts applicants through hoops, and asks unnecessary questions. Esslinger believes that government should entice people to come to a location and want to try new things. Council Member Esslinger is in favor of the Amendment. Motion To Approve Deputy Mayor Karl Buelow Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed Res 24-270 Approve General Development Plan and Specific Implementation Plan for a Drive- through Restaurant at 502 West Murdock Avenue (Plan Commission Recommends Approval) Motion To Approve Joe Stephenson Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Overnight Parking Restrictions (Nichols) Council Member Nichols voiced his concern regarding overnight parking restrictions. Nichols believes there is not enough signage, it is confusing for some residents and visitors to the city. Nichols also stated that there is inconsistency in parking enforcement. Nichols stated the city should allow overnight street parking without restrictions unless clearly signed. The city should use permanent and temporary signage, and allow overnight parking in city lots. Nichols understands that these issues need to go to the staff and the transportation committee. Council Member Nichols would like to see more education for the citizens regarding being ticketed, and feels that since the city is enforcing the VRF and all city automobiles are paying this fee, that parking should be allowed on all streets. Nichols would like the transportation committee and staff to examine this and see how the city can improve parking. Some constituents approached Council Member Floam regarding the confusing parking ordinances. One citizen feels they are being double charged with the VRF and parking citations. Floam would also like to see the transportation committee put something together regarding the parking process. Council Member Stephenson agrees with the other council members and would like to see improvements to the parking process. Council Member Larson understands what we have now but welcomes a discussion on how we can make this process better, especially the restriction on overnight parking and city lots. Council Member Esslinger is in favor of this discussion and brought this topic to the council years ago. Esslinger wanted the other council members to know that this is a contentious topic, and that we will be hearing strong arguments from both sides. City Manager Rohloff stated that this direction will be brought to the Transportation Committee/Department for recommendations and policy analysis. Discussion on Implementation of the Vehicle Registration Fee (Esslinger) Council Member Esslinger questioned why people were being charged the vehicle registration fee in June when the implementation should have been in July. Finance Director Julie Calmes explained that DOR charges in June for stickers that expired June 30 and are effective July 1. In other words, the DOT did what was necessary to implement the VRF in June for a July 1 effective date. City Manager Mark Rohloff recapped that there will most likely be a reduction of vehicles registered in Oshkosh once residents realize they are not in the City of Oshkosh. For example, the Town of Black Wolf, Town of Omro, Town of Oshkosh, etc... Priorities for ARPA Grant Applications TJ Hobbs (address above) voiced their opinion and did not believe the ARPA application process has been as transparent. Hobbs would like to know why Council is not seeing the actual applications. Hobbs also questioned the resolution that stated that DEI has input regarding the applications and asked the Council to review that resolution and follow its guidance. City Manager Rohloff supplied Council with a summary memo regarding the ARPA applications and the scoring. Rohloff is looking for feedback and direction. Council Member Esslinger does not believe that the City Manager should be making the final decision for the ARPA applications. Esslinger would like to view all 51 applications. Esslinger also believes that Council should tackle this and make a decision. Council Member Floam agrees with Esslinger's statement. Floam suggests a workshop to see the applications. Council Member Nichols agrees with the other council members and believes the applications should be available to the public. City Manager Rohloff reiterated that technically these applications are public records. If someone wanted to see something he would by law be required to show them. Rohloff has held off of that decision as not to embarrass some applicants and their requests. City Manager Rohloff stated that council makes the ultimate decision and council has awarded them based on the staff's recommendation. The purpose of the memo tonight was to get direction from council to narrow the recommendation list. If Council would like to review the applications individually, please be aware that you will have applicants coming to council meetings and pleading for the money. Council Member Buelow feels DEI's input is important and would like DEI‘s input. Buelow agrees that the City Manager should be reviewing the applications and making recommendations to Council. Buelow also noted that if council reviewed all applications, it would lead to lobbying from these applicants to specific council members to award the ARPA funds. Buelow does not believe that council should be viewing all 51 applicants. Council Member Larson agrees to all the points made by other council members but would like to see all applications. Council Member Stephenson agrees that staff should be giving the recommendations for these applications. Stephenson also agrees that the four categories currently used as a guideline are good. If Council wants to see all the applications by all means, let them look at them, but noted that we should rely on staff for their recommendations. That is their job. Mayor Mugerauer agrees with the four categories described as appropriate. Mugerauer stated that it was never the intention that all applications would go to DEI. Specifically, DEI would advise council in regard to equity concerns. Mugerauer also stated that it would be a mistake if council went through the process of reviewing all applications. Council Member Floam is not advocating for the process of all applicants appearing before council but would welcome having an open discussion. Council Member Nichols would like all applications to be reviewed along with the recommendations from the City Manager to ensure that favored projects are not winning over others. Council Member Esslinger agrees with Nichols and Floam regarding reviewing applications. It will not be easy, but it is our job stated Esslinger. The council has signed up for this, let's do our job and get it done. City Manager Rohloff reiterated the consensus he received as Council would like to see all applicants sooner rather than later. Staff will put the applications on the website so council, the public, and others can access them. Also, council would still like to see the recommendations and scores from the City Manager. City Manager Rohloff plans to focus on the four priority areas while recognizing that council has the final say and priority. If Council would like DEI to weigh in on the applications, a special meeting will need to be called for that board and commission because their next regularly scheduled meeting is Memorial Day. Council Member Buelow recommends that a special meeting be called for DEI to take a look at the applications. Council Member Nichols would encourage DEI and other individuals to look at the applications once they are posted on the website. Nicholas believes it is important for the DEI committee to be specific as to what concerns they have. Public Information Related to the Revaluation Process City Manager Rohloff began this discussion by showing a short video of how the assessment and tax formulas work/ are determined. City Assessor Jodi Saint Charles summarized the current reevaluation process and what is happening throughout the city regarding the reevaluation of properties. Saint Charles reiterated that they are not setting the tax rate with this reevaluation. The tax rate is dependent on other entities and our budget. This reevaluation process is required by state law. Saint Charles noted that reevaluations should happen approximately every 5 years, but the city is a little behind due to the COVID-19 pandemic. City Manager Rohloff went on to explain that education is very important. Unfortunately, most residents don't realize what is happening until they receive their assessment. Rohloff went on to say that the tax rate depends on the budget, and as a suggestion to council, Rohloff asked for direction as not to increase the budget higher than 4%. That amount would give some dollar amount or figure to use in determining the tax rate. Council Member Floam noted that a good guide for the council is, that we cannot control what we cannot control, for example, the county, the school district, etc.... Keeping in mind that everything is more expensive and everything is going up. Council Member Nichols appreciated the effort that the assessor's office made regarding public education. Nichols went on to suggest that maybe reevaluations should be done sooner rather than later, and more frequently, so people can plan and build on that expectation. Residents should get a better understanding of the process and how to dispute their assessment. City Assessor Saint Charles noted that if the reevaluation process was done every three years, it would be an increased cost to taxpayers. St. Charles then went on to note that property owners should contact the assessor's office if they have any questions or concerns about the reevaluation process. Mayor Mugerauer stated that the last reevaluation was done in 2017, and the one prior was in 2005. The reason for the gap was a housing crisis and a global pandemic. Mugerauer clarified that this reevaluation was not a surprise. The council has been talking about this for the past four years. Mugerauer understands that many people do not watch the budget process, but they can go back and watch the recorded videos. During every budget process, this topic was brought up. Council Member Esslinger thanked the assessor's office and wanted to note that these values are not out of line. Esslinger reinstated that when the tax bill does go out, there are many different entities that play a part in the tax rate and it is just not based entirely on the City of Oshkosh. Citizens really need to pay attention, especially if the school district send through a referendum. Citizens need to know what entities play a role and what percentage of taxes go to them. Oshkosh Fire Department Community Risk Assessment, May 28, 2024, 5:00 p.m. Undergrounding Utilities, date to be determined COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS CITY MANAGER ANNOUNCEMENTS & STATEMENTS City Manager Mark Rohloff summarized the items below: Cooperative Purchase of WisGO Fare Collection System and Components from UMO Mobility for GO Transit ($71,300.00) Cooperative Purchase of Single-Axle Crack Filler from Sherwin Industries, Inc. for Streets Division ($70,538.00) Professional Services Agreement with Strand Associates, Inc. for Engineering Services for Oshkosh Avenue and Sawyer Street Intersection Analysis ($58,000.00) Professional Services Agreement with the Highland Group for Real Estate Acquisition Services for Property at the West Fernau Avenue/Jackson Street Intersection ($27,600.00) Professional Services Agreement of Riverwalk Signage from Creative Sign Company Inc. for Riverwalk Phase 2 ($57,280.00) Outstanding Issues MOTION TO GO INTO CLOSED SESSION - 9:50 PM The Common Council may convene into Closed Session pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes where competitive bargaining reasons require a closed session to discuss bargaining options, strategy, parameters, and terms related to potential assignment and amendment of the City's Development Agreement with Fox Valley Pro Basketball, Inc. to prospective purchasers of property located at 1212 South Main Street in the City of Oshkosh. Motion To Approve Deputy Mayor Karl Buelow Second Paul Esslinger AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed SUBMITTED BY DIANE BARTLETT CITY CLERK D R A F T CITY COUNCIL MINUTES 05.28.24 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) CALL TO ORDER (6:03 p.m.) ROLL CALL Present:Matt Mugerauer, Mayor; Kris Larson; Karl Buelow, Deputy Mayor; Paul Esslinger; DJ Nichols; Jacob Floam Absent:Joe Stephenson Staff:Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk INVOCATION - VOTING FIRST: Council Member Stephenson PLEDGE OF ALLEGIANCE: South Park Middle School 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 CITIZEN STATEMENTS TO COUNCIL Lori Palmeri 212 Parkway Ave Ms. Palmeri gave a brief summary of the changes that have been made to Assembly District 54. Palmeri stated that she is still serving constitutes in the old district and will begin serving constitutes of the new district in January. If anyone has any questions, they can go to : legis.wisconsin.gov. Brian Seal / no address Mr. Seal is questioning the delay of ARPA funds to prevent homelessness with affordable housing options. His application was under Mariah's Garden some Children's Studios. The goal of his application is to create and maintain jobs for local artist. Michael Patton 2510 Hamilton St Mr. Patton is the governing body at First Presbyterian Church. This past weekend, the church was presented with a situation where some unhoused people were needing a safe dry space to stay with the storms coming to the area. First Presbyterian Church offered these individuals a temporary solution and allowed them to camp in the church's green space. Mr. Patton would like the council to recognize that this situation is growing and an ongoing problem. He hopes in the future there is a better way they can communicate with the city and police department to make this more of a pleasant experience for everyone involved. Jim Ponzer 402 Baldwin Mr. Ponzer lives next to the retention pond that expands from Baldwin St to New York Ave. Ponzer noted that the city is spraying poison into the pond but was told that it was a herbicide. Mr. Ponzer is requesting council to form an Ad Hoc committee to review the policies and procedures for how this should be done. CONSENT AGENDA ITEMS Report of Bills Receipt & Filing of Minutes - Museum Arts and Culture Board, 04.03.24 Res 24-271 Approve Specific Implementation Plan Amendment for Signage, Façade, and Drive- through Modifications at 2350 State Road 44 (Plan Commission Recommends Approval) Res 24-272 Award Bid to Quest Interiors for Cabinets and Countertops for Oshkosh Police Department Evidence Rooms ($26,919.91) Res 24-273 Approve Waiver of Purchasing Requirements for Thermal Imaging Cameras for the Fire Department 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. 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) Res 24-276 Approve Special Event - Peace Lutheran Church to Utilize South Park for the Park Dance, July 12, 2024 Res 24-277 Approve Special Event - Kasey Morgan to Hold the Deerfest LLC at Sunnyview Exposition Center, July 19, 20 & 21, 2024 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 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 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 Res 24-281 Approve Special Event - JJetpack Creative to Utilize the Leach Amphitheater for the Valley Vinyl Music Festival, September 28, 2024 Jonathon Jungwirth 667 W 8th Ave Mr. Jungwirth is looking for approval of a Special Events License for the Valley Vinyl Music Festival at the Leach Amphitheater on September 28, 2024. If there are any questions, he is available. Res 24-282 Approve Special Class "B" License - Kaukauna Archer Club 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) Res 24-284 Approve Agent Change - Kwik Trip Res 24-285 Approve Appointments to Various Boards and Commissions APPROVE CONSENT AGENDA ABOVE Motion To Approve Paul Esslinger Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed ITEMS REMOVED FROM CONSENT AGENDA - NONE PENDING ORDINANCE Ord 24-286 Adoption of an Amendment to Chapter 3: Housing of the City of Oshkosh Comprehensive Plan 2040 (Plan Commission Recommends Approval) Motion To Approve Paul Esslinger Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed Ord 24-287 Approve Request to Attach to the City from the Town of Algoma / Rural II Voluntary Attachment Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed 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.) *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) Mayor Mugerauer asked for clarification of what central count entailed. City Clerk Bartlett responded that removing absentee ballot processing from polling places to a centralized facility would make voting at the polling places more efficient for citizens and poll workers. It will allow poll workers to be put into other positions to serve the citizens voting in person at the polling place on Election Day. Bartlett also confirmed that with a central count location, election data would remain within the wards as voted. *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) 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) Council Member Esslinger is not comfortable waiving the rules and adopting on the first reading. Mr. Esslinger goes on to ask, from a staff perspective, is this necessary to keep the project within the time line? City Manager Rohloff explained that if you look at the agenda, there are many items that are related to this subject. By waiving the rules, it would allow the developers to move forward. Community Developer Kelly Nieforth further explained when a developer is going to be installing public improvements right away, they have to have all the items included. Council Member Esslinger asked if this couldn't have been handled earlier? Mrs. Nieforth noted that certain parts of the contracts have to be met before other parts can be determined. Also, staff prefers to keep all the components of the contract on one agenda for the council to consider. Director of Public Works James Rabe added they have been working with the developer for several months to finalize the Developers Agreement. Unfortunately, it has taken several months to get to this point. Mayor Mugerauer agrees with council member Esslinger that there is a reason for rules. Fortunately, these two items are regarding public construction and establishing street grades, which he is confident to wave the rules and adopt. Motion To Approve Jacob Floam Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed 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) Motion To Approve Paul Esslinger Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed NEW RESOLUTIONS Res 24-292 Accept Dedication of Street Right-of-Way for Olivia Road (Plan Commission Recommends Approval) Motion To Approve Jacob Floam Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam6 - 0 Passed 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) Motion To Approve Jacob Floam Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed 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 Motion To Approve Deputy Mayor Karl Buelow Second Paul Esslinger AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed 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 Motion To Approve Deputy Mayor Karl Buelow Second Paul Esslinger AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed 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 Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed Res 24-297 Approve Developer's Agreement / Lake Butte des Morts Development, Phase 1; 3500 Block of Lake Butte des Morts Drive Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam6 - 0 Passed Res 24-298 Approve Agreement for Sale of Northwest Industrial Park Land to Linde Inc. ($561,000.00) Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed 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 Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed Res 24-300 Direction to City Manager on the 2024 Property Tax Levy Council Member Floam has concerns about moving the tax to 4%, especially with the current cost of living. Floam would like the City Manager and Finance Director to take a deeper dive on this year's budget and get more creative on ways to lower the tax levy. Deputy Mayor Buelow would like clarification from the City Manager before any further discussion. City Manager Rohloff said the purpose of this item on the agenda was not necessarily for council to take action on this tonight, but it was to level the fears of the community and get the discussion going. Once the re-evaluation and budget hearings are complete, council will have more information. Deputy Mayor Buelow clarified this would be serving as a cap, not a target, with Mr. Rohloff agreeing. Mayor Mugerauer explains this was a measure to calm the fears within the public regarding the potential of their property tax increase and he wants to assure that the council is not allowed an unlimited tax levy increase. He would also like to thank the people who have put out some good reporting on this topic. His suggestion is not to take any action on this item tonight. Council Member Larson echoed everything that has been spoken and would like to add he thinks the city staff has done a great job alleviating some of these fears. He thinks they will work collectively as a group to get there. Council Member Esslinger noted the council will have a better idea once numbers come in and the council gets a clear indication of the budget and what needs are necessary. Eslinger is not comfortable voting on this item tonight. Council Member Floam sees the positives with this target and keeping the public informed, though he does think it is too early to go in this direction. The resolution was unanimously withdrawn. Mr. Rohloff reminded council that commercial evaluations are scheduled to go out on June 8th. WITHDRAWN COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A. Update on 3rd Party Review of Municipal Ordinances for Building and Zoning Codes Community Development Director Kelly Nieforth provided information about municipal ordinances for building and zoning codes that the city is required to administer. By giving this information to council Ms. Nieforth believed that providing this information to council would eliminate paying a 3rd party as discussed in the April 23rd council meeting. Council Member Nichols thanked Ms. Nieforth for sharing this information. However, the information he would like to see is the metrics and data around approvals and process failures. Nichols would like to see the numbers of permits that are approved and the time it takes for those applications and inspections to be approved. Council Member Nichols would like then to analyze what the data shows. (is it really that difficult for residents and contractors to do business with the city, or is that the perception). If the perception and data show the city is doing really great, staff should work on a communication strategy. Council Member Larson echoed Mr. Nichols statements. Mr. Larson noted that using a third party was the direction for a starting point and would also take the load off staff. Mayor Mugerauer questioned when the latest strategic plan would be coming out. Mugerauer feels this is important information that is needed by the council for decision-making. City Manager Rohloff stated the strategic plan should be available in June. Rohloff goes on to say that he doesn't feel this is a building and zoning code audit issue, but rather a problem with our processes. Since our processes have not been updated in almost 15 years, they definitely need to be re-evaluated. Council Member Floam stated that KPI's and processes are something that we can control. Floam appreciates the work that has gone into this. Mayor Mugerauer appreciates how staff is listening and working to meet the expectations of the council. Council Member Esslinger feels that most of the problems the city sees are due to the interpretation of the rules. Esslinger would like to hear from city staff how this can be handled. Ms. Nieforth agreed with Mr. Esslinger and went on to say there are situations where an architect or developer will interpret the code differently than staff. Nieforth noted that the departments try to work together and compromise. The staff understands that not every project will fit neatly into every code, and this is going to be a continuous conversation. City Manager Rohloff pointed out the city is faced with an issue about 5% of the time. The city has fewer challenges going to the Board of Appeals because of code improvements. Planning Services Manager Mark Lions stated that prior to the zone code update in 2017, the Board of Appeals was meeting twice a month, and people were continuously asking for variances of the code. The last time the board met was over a year ago. The 2017 update has been successful. A. Undergrounding Utilities, date to be determined COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Deputy Mayor Buelow shared a positive story of when talking with residents that just moved to Oshkosh from North Carolina. The new residents moved into the new development "The Wit" and loved it. They also recruited friends to move this way from larger cities. As Mr. Buelow explained, the topic is always on affordable living, which he is not denying, but also wanted to point out there is a need for other options as well. Mayor Mugerauer reminded residents the Menominee Zoo is open daily from 9-6 with free admission for all. The zoo has 8 acres, with 30 to 50 animals per season, and sees over 100,000 visitors per year. CITY MANAGER ANNOUNCEMENTS & STATEMENTS **Cooperative Purchase of Routers and Antennas from TKK Electronics LLC for GO Transit WisGO Fare Collection System ($25,462.08) Professional Services Agreement with Goodwin Recruiting for Recruiting Services ($50,000.00) Updated 2025 Budget Prep Calendar: Council Workshop #1 (CIP), July 30th, 5:00 p.m. Outstanding Issues ADJOURN (7:41 p.m.) Motion To Approve Deputy Mayor Karl Buelow Second Paul Esslinger AYE:Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed SUBMITTED BY DIANE BARTLETT CITY CLERK SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Library Board, 04.25.24 D A TE :D A T E :June 11, 2024 A t t a chment sAttachments Library Board Minutes 04.25.24 Page 1 MINUTES OF THE LIBRARY BOARD Oshkosh Public Library April 25, 2024 The April 25, 2024, Oshkosh Public Library Board of Trustees meeting was held in the Oshkosh Public Library meeting room and called to order at 4:00 PM by Vice-President, Lindsey Mugerauer. Present: Bill Bracken, Susan Fojtik, Lindsey Mugerauer, Barry Perlman, David Rucker and Amber Shemanski. Absent: Kim Brown, Larry Lautenschlager, Christine Melms-Simon, David Romond and Tony Kneepkens, Adjunct Board Member. Also Present: Darryl Eschete, Library Director; Lisa Voss, Assistant Director for Library Development; Marcy Cannon, Winnefox Library System Business Manager; Tracie Schlaak, Winnefox Library System Administrative Specialist; Laura McDonald, Marketing Coordinator and Neal Matherne, Curator of Education at the Oshkosh Public Museum. Public Comments: None Consent Agenda Items • Minutes of the Regular Meeting held on March 28, 2024 • April 2024 vouchers payable totaling $394,366.92 Motion to approve the consent agenda as presented. Motion: Perlman; Second: Rucker; Vote: Unanimous New Business • Proposed change in library hours: Consider amending the operating hours of the Oshkosh Public Library to open at 9 a.m., Monday through Friday. Motion to approve the proposed changes to the library hours. Motion: Perlman; Second: Fojtik; Vote: Unanimous • Updates to Patron Behavior Policy - Consider adopting an updated Patron Behavior Policy, superseding that which is currently in effect. Motion to approve the changes as proposed to the Patron Behavior Policy. Motion: Perlman; Second: Rucker; Vote: Unanimous. • Endowment Fund Requests Round 2: The library would like to purchase a pop-up tent to be used during outdoor outreach events. Motion to approve the Endowment Fund Request for a new Pop-up tent. Motion: Perlman; Second: Fojtik; Vote: Unanimous. Library Director’s Report In addition to the director’s report in the board packet, the director informed the board of a couple of items: • Darryl met with John Nichols and told him about the new website project and a request to use $15,000 from the Nichols Tech Endowment Fund. John Nichols approved that request. Page 2 • The change to the new Library hours and Patron Behavior Policy will start on Tuesday, May 28, 2024. Trustee Reports and Comments • Barry Perlman requested that new city council members tour the library. • Bill Bracken suggested we ask the mayor to add a city council member to the library board, either appointed by him or at our request. Adjournment Motion to adjourn at 4:40 PM. Motion: Perlman; Second: Rucker; Vote: Unanimous Respectfully, Darryl Eschete, Secretary Tracie Schlaak – Recorder TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-302 Disallowance of Claim - Munshower & Smith A t t a chment sAttachments Res 34-301 Statewide Services 6/11/2024 24-302 RESOLUTION     CARRIED 6-0     PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY : LEGAL DEPARTMENT         WHEREAS, the following claim has been referred to the City's insurance carrier, which has recommended disallowance.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh: NAME - Walter Munshower & Tammy Smith DATE OF LOSS: 02/28/2024  BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal.  BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh.    TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-303 Disallowance of Claim - Robertson A t t a chment sAttachments Res 24-303 Statewide Services 6/11/2024 24-303 RESOLUTION     CARRIED 6-0     PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY : LEGAL DEPARTMENT         WHEREAS,  the following claim has been referred to the City's insurance carrier, which has recommended disallowance.   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh: NAME - David Robertson DATE OF LOSS: 02/28/2024   BE IT FURTHER RESOLVED  that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh.     TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Crystal Bathke, Elections Specialist D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-304 Disallowance of Claim - Weigel A t t a chment sAttachments Res 24-304 Statewide Services 06/11/2024 Res 24-304 RESOLUTION     CARRIED 6-0     PURPOSE: DISALLOWANCE OF CLAIM INITIATED BY : LEGAL DEPARTMENT         WHEREAS, the following claim has been referred to the City's insurance carrier, which has recommended disallowance.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh: NAME - Diane Weigel Kaminskas DATE OF LOSS: 03/04/2024  BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the disallowance and the fact that the claimant has six months from the date of service to appeal. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh.   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :John Fitzpatrick, Asst. City Manager/Director Admin Services D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-305 Reauthorize Continuance of Self-Insurance for Worker's Compensation B A C KGRO UN DBACKGROUND Every three years, each self-insured political subdivision must provide the Wisconsin Department of Workforce Development with a resolution, passed by the governing body that states its intent and agreement to self-insure, in order to meet the requirements set forth in Wisconsin Administrative Code DWD 80.60(3). A N A L Y SI SANALYSIS Since the conversion from our fully insured plan to our partially self-insured plan, the City has realized substantial savings. With this in mind, and in consideration of our current loss ratio, it would not be in the City's best interest to pursue a change in worker's compensation funding methodology at this time. REC O M M E N D A TI ONRECOMMENDATION With respect to reauthorization, staff recommends that Council approve the resolution as proposed. A t t a chment sAttachments Res 24-305 6/11/2024 24-305 RESOLUTION     CARRIED 6-0     PURPOSE: REAUTHORIZATION OF SELF-INSURANCE FOR WORKER’S COMPENSATION    INITIATED BY : CITY ADMINISTRATION         WHEREAS, the City of Oshkosh is a qualified political subdivision of the State of Wisconsin; and      WHEREAS, the Wisconsin Worker’s Compensation Act (Act) provides that employers covered by the Act either insure their liability with worker’s compensation insurance carriers authorized to do business in Wisconsin, or to be exempted (self-insured) from insuring liabilities with a carrier and thereby assuming the responsibility for its own worker’s compensation risk and payment; and      WHEREAS, the State and its political subdivisions may self-insure worker’s compensation without a special order from the Department of Workforce Development (Department) if they agree to report faithfully all compensable injuries and agree to comply with the Act and rules of the Department.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City of Oshkosh provide for the continuation of a self-insured worker's compensation program that is currently in effect.  BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to forward certified copies of this resolution to the Worker's Compensation Division, Wisconsin Department of Workforce Development.    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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-306 Approve Conditional Use Permit Amendment for an Adaptive Reuse Land Use at 1675 Oregon Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site is located at the northwest corner of West 17th Avenue and Oregon Street. The subject parcel is about 6,750 sq. ft. in size and includes a residential unit in the upper level and an art studio in one of the lower-level units. The site is surrounded by a mix of single-family and commercial uses. The site went through a Conditional Use Permit approval for the current art studio in 2019, while the second lower- level unit went through a Conditional Use Permit approval to be converted from a barber shop to a coffee shop in 2022. A N A L Y SI SANALYSIS The applicant is requesting approval of an Adaptive Reuse through a Conditional Use Permit (CUP) Amendment to establish a one-bedroom apartment in an existing lower-level unit that was previously approved to be a coffee shop. According to the applicant, this unit never fully transitioned into a coffee shop due to financial reasons and, therefore, that land use is no longer being considered. The Adaptive Reuse approval is needed due to the ground floor area, as proposed for a residential use, is 35%. The existing art studio and upper-level apartment are not changing. The parking area on the property has 10 stalls that can be used for customer parking. There is also street parking available on Oregon Street and West 17th Avenue. Although a slightly larger residential space for a mixed-use building is proposed for the ground floor, Planning staff does not have concerns as the use of the property is compatible with the surrounding commercial and residential uses. The Inspection Services Department noted that the conversion from a commercial tenant space to an apartment will likely require a sprinkler system to be installed and that all other building, HVAC, and plumbing plans will need to be submitted for review and approval prior to building permit issuance. Staff is supportive of the Conditional Use Permit (CUP) Amendment for an Adaptive Reuse as the proposed overall Mixed-Use Building is an appropriate use for this site and should have a relatively low impact on the surrounding area. FI SC A L I M P A CTFISCAL I M P A C T Approval of this may result in a minor increase in the assessed property value for the site. The applicant is anticipating spending approximately $10,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested Conditional Use Permit Amendment for the property at 1675 Oregon Street with the findings on June 4, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-306 CUP Amend - 1675 Oregon St 6/11/2024 24-306 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE CONDITIONAL USE PERMIT AMENDMENT FOR AN ADAPTIVE REUSE AT 1675 OREGON STREET INITIATED BY : NILLA (DEE) OEHLKE   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings         WHEREAS, the Plan Commission finds that the Conditional Use Permit Amendment for an adaptive reuse at 1675 Oregon Street, is consistent with the criteria established in Sections 30-51 (C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit amendment for an adaptive reuse at 1675 Oregon Street, per the attached, is hereby approved, with the following findings:   Is in harmony with the Comprehensive Plan. 1. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 2. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 3. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 4. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. 5.   ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT FOR AN ADAPTIVE REUSE AT 1675 OREGON STREET Plan Commission Meeting of June 4, 2024. GENERAL INFORMATION Owner/Applicant: Nilla (Dee) Oehlke Action(s) Requested: The applicant is requesting a Conditional Use Permit Amendment for an Adaptive Reuse at 1675 Oregon Street. Applicable Ordinance Provisions: Adaptive Reuse land uses are permitted only through a conditional use permit in the Neighborhood Mixed Use District (NMU) as regulated in Section 30-51 (C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is located at the northwest corner of West 17th Avenue and Oregon Street. The subject parcel is about 6,750 sq. ft. in size and includes a residential unit in the upper level and an art studio in one of the lower level units. The site is surrounded by a mix of single-family and commercial uses. The site went through Conditional approval for the current art studio in 2019, while the second lower level unit went through Conditional approval to be converted from a barber shop to a coffee shop in 2022. Subject Site: Existing Land Use Zoning Mixed Commercial/Residential NMU Adjacent Land Use and Zoning: Existing Uses Zoning North Residential NMU South Mixed Commercial/Residential NMU West Residential TR-10 East Mixed Commercial/Residential NMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial ANALYSIS Use The applicant is requesting approval of an Adaptive Reuse through a Conditional Use Permit (CUP) Amendment to establish a one bedroom apartment in an existing lower level unit that was previously approved to be a coffee shop. According to the applicant this unit never fully transitioned into a coffee shop due to financial reasons, and therefore that land use is no longer being considered. Mixed use buildings can have no more than 30% of the ground floor for residential uses. The Adaptive Reuse approval is needed due to the ground floor area, as proposed for a residential use, is 35%. The existing art studio and upper level apartment are not changing. The parking area on the property has 10 stalls that can be used for customer parking. There is also street parking available on Oregon Street and West 17th Avenue. Although a slightly larger residential space for a mixed use building is proposed for the ground floor, Planning Staff does not have concerns as the use of the property is compatible with the surrounding commercial and residential uses. The Inspection Services Department noted that the conversion from a commercial tenant space to an apartment will likely require a sprinkler system to be installed and that all other building, HVAC, and plumbing plans will need to be submitted for review and approval prior to building permit issuance. Staff is supportive of the Conditional Use Permit (CUP) Amendment for an Adaptive Reuse as the proposed overall Mixed Use Building is an appropriate use for this site and should have a relatively low impact on the surrounding area. Aerial view of subject property (highlighted in black) RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit Amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit Amendment for an Adaptive Reuse as proposed with the findings listed above. Plan Commission recommends approval of the Conditional Use Permit Amendment at 1675 Oregon Street with the findings on June 4, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp, Ms. Scheuermann, Mr. Ulrich, and Mr. Loewenstein reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit Amendment for an Adaptive Reuse at 1675 Oregon Street. Mr. Nielsen 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 at the northwest corner of West 17th Avenue and Oregon Street. The subject parcel is about 6,750 sq. ft. in size and includes a residential unit in the upper level and an art studio in one of the lower-level units. The site is surrounded by a mix of single-family and commercial uses. The site went through Conditional approval for the current art studio in 2019, while the second lower-level unit went through Conditional approval to be converted from a barber shop to a coffee shop in 2022. The applicant is requesting approval of an Adaptive Reuse through a Conditional Use Permit (CUP) Amendment to establish a one-bedroom apartment in an existing lower-level unit that was previously approved to be a coffee shop. According to the applicant this unit never fully transitioned into a coffee shop due to financial reasons, and therefore that land use is no longer being considered by the applicant. Mixed use buildings can have no more than 30% of the ground floor for residential uses. The Adaptive Reuse approval is needed due to the ground floor area, as proposed for a residential use, is 35%. The existing art studio and upper-level apartment are not changing. The Inspection Services Department noted that the conversion from a commercial tenant space to an apartment will likely require a sprinkler system to be installed and that all other building, HVAC, and plumbing plans will need to be submitted for review and approval prior to building permit issuance. Staff is supportive of the Conditional Use Permit (CUP) Amendment for an Adaptive Reuse as the proposed overall Mixed-Use Building is an appropriate use for this site and should have a relatively low impact on the surrounding area. Staff recommends approval of the proposed Conditional Use Permit Amendment for an Adaptive Reuse as proposed 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. Nilla Dee Oehlke, is the owner and instructor of the art studio at 1675 Oregon Street. I am looking to keep the options open for local people to use the studio. I look to have people from across the state. I want to be able to keep the studio open, and by having the apartment on the adjacent side, it will substantiate having income coming in. Which will enable her to keep the art studio open. I have worked with the Plan Commission before and they have been very agreeable and helpful. I look to continue that relationship. I would appreciate your understanding in my wanting to keep the studio open for the local community and beyond. Thank you very much. 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 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 7-0. Page 4 Page 5 The Existing Art Studio at 1677 Oregon is to remain as well as the single-unit apartment above the Art Studio is also to remain. No Change with these to spaces. The Proposed First Floor Apartment (1675 Oregon) previously was a Barber Shop (which was transitioning into a coffee shop - but the owner decided against that idea due to financial reasons). That is about it. Let me know if you have any other questions or concerns. Thanks Brian ! Tom M 920.960.5435 Page 6 Page 7 CUP AMENDMENT 1675 OREGON ST PC: 6-4-2024 TROPICAL TIDE LLC 945 NICOLET AVE OSHKOSH WI 54901-1633 STEPHANIE J MATAIC 1676 OREGON ST OSHKOSH WI 54902-6922 SAMUEL & ABIGAIL SANDERLIN 3030 WITZEL AVE OSHKOSH WI 54904-6599 VICTOR A SERWE JRE 122 MAYOR ST NEENAH WI 54956-2433 ROBERT J/ROSEMARY E WIRKUS 1665 OREGON ST OSHKOSH WI 54902-6921 DAVID K RYNO 1671 OREGON ST OSHKOSH WI 54902-6921 NILLA D OEHLKE 500 S MADISON ST WAUPUN WI 53963-2007 AMY S NITZ 214 W 17TH AVE OSHKOSH WI 54902-6908 JOHN E SCHROEDER 1656 ARIZONA ST OSHKOSH WI 54902-6910 PEACE OF MIND RENTAL PROP 4112 N HAYMEADOW AVE APPLETON WI 54913-6302 TODD J/MARGARET A RADDATZ 218 W 17TH AVE OSHKOSH WI 54902-6908 CLBA HOLDINGS LLC 611 OREGON ST OSHKOSH WI 54902-5965 DB NATIONAL AVE PROPERTIES 1101 SPRUCE ST WEST BEND WI 53090-5451 MICHAEL K/CONNIE K DAY 1014 EVANS ST OSHKOSH WI 54901-3967 ALEXIS L SCORGIE 221 W 17TH AVE OSHKOSH WI 54902-6907 Page 8 W 17TH AV A R I ZO N A S T OREGON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/25/2024 1 in = 120 ft 1 in = 0.02 mi¯1675 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 9 W 12TH AV W 14TH AV W 17TH AV W 16TH AV W 18TH AV W 15TH AV W 19TH AV E 14TH AV D O T Y S T W 16TH AV W 17TH AV E 15 TH AV NEBRASKA ST W 19TH AV ALASKA ST W 18TH AV E SOUTH PARK AV W 12TH AV W 15TH AV W 14TH AV ARIZONA ST MONTANA ST NEBRASKA ST BROCKWAY AV IOWA ST MICHIGAN ST NEBR ASKA ST IOWA ST MICHIGAN ST MINNESOTA ST W SOUTH PARK AV W 20TH AV S M A I N S T OREGON ST O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t CMU CMU-PD HI HI I I I I I I I-PD MULTIPLE MULTIPLE MULTIPLEMULTIPLENMU SR-9 SR-9-PD TR-10 UI UMU UMU UMU UMU-PD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/25/2024 1 in = 500 ft 1 in = 0.09 mi¯1675 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 10 W 17TH AV A R I Z O NA S T OREGON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/25/2024 1 in = 100 ft 1 in = 0.02 mi¯1675 OREGON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 11 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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-307 Approve Specific Implementation Plan Amendment for Monument Sign at 2130 South Washburn Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site is a 3.09-acre property located on the east side of South Washburn Street, south of West 20th Avenue. The property is zoned Suburban Mixed-Use District with a Planned Development Overlay (SMU-PD) and contains an office building. The surrounding area consists of commercial uses to the south, industrial uses to the west, Highway 41 to the east, and a cemetery to the north. The 2040 Comprehensive Plan recommends Interstate Commercial use for the subject property. On January 23, 2018, Common Council approved a zone change to add a Planned Development Overlay to the subject property along with two properties immediately to the south. A Planned Development was also approved for a monument sign on the neighboring Fox World Travel site to the south (Resolution 18-62). On September 12, 2023, Common Council approved a Specific Implementation Plan (SIP) for building entrance and refuse enclosure additions at the subject site. The applicant is requesting amendment to the existing SIP for a new monument sign. A N A L Y SI SANALYSIS Plans were previously approved to convert the building to an optometry clinic (NEW Vision). No changes are being proposed to the existing use of the site. FI SC A L I M P A CTFISCAL I M P A C T Approval of this may result in a minor increase in the assessed property value for the site. The applicant is anticipating spending approximately $26,000 on the proposed sign. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested Specific Implementation Plan for a monument sign at 2130 South Washburn Street with findings and conditions on June 4, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-307 SIP Amendment - 2130 S Washburn St 6/11/2024 24-307 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR MONUMENT SIGN AT 2130 SOUTH WASHBURN STREET INITIATED BY : SIGNARAMA – ANDY WAPNESKI   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the Plan Commission finds that the Specific Implementation Plan Amendment for a monument sign at 2130 South Washburn Street , is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a Specific Implementation Plan Amendment for a monument sign at 2130 South Washburn Street per the attached, is hereby approved, with the following findings:   The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 1. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 2. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 3. 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 a monument sign at 2130 South Washburn Street:   Base Standard Modification from the required 25’ sign front setback to 10’ for the proposed monument sign. 1. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Specific Implementation Plan dated January 23, 2018 (Resolution 18-62) and Specific Implementation Plan Amendment dated September 12, 2023 (Resolution 23-453) remain in full force and effect. 2.     ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR MONUMENT SIGN AT 2130 SOUTH WASHBURN STREET Plan Commission Meeting of June 4, 2024. GENERAL INFORMATION Applicant: Signarama - Andy Wapneski Owner: New Vision Action(s) Requested: The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for a monument sign at 2130 South Washburn Street. 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 3.09-acre property located on the east side of South Washburn Street, south of West 20th Avenue. The property is zoned Suburban Mixed-Use District with a Planned Development Overlay (SMU-PD) and contains an office building. The surrounding area consists of commercial uses to the south, industrial uses to the west, Highway 41 to the east, and a cemetery to the north. The 2040 Comprehensive Plan recommends Interstate Commercial use for the subject property. On January 23, 2018, Common Council approved a zone change to add a Planned Development Overlay to the subject property along with two properties immediately to the south. A Planned Development was also approved for a monument sign on the neighboring Fox World Travel site to the south (Resolution 18-62). On September 12, 2023, Common Council approved a Specific Implementation Plan for building entrance and refuse enclosure additions at the subject site. The applicant is requesting amendment to the existing SIP for a new monument sign. Subject Site Existing Land Use Zoning Commercial SMU-PD Adjacent Land Use and Zoning Existing Uses Zoning North Cemetery I South Commercial SMU-PD East Highway 41 SMU-PD West Industrial HI Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Interstate Commercial ANALYSIS Use Plans were previously approved to convert the building to an optometry clinic (NEW Vision). No changes are being proposed to the existing use of the site. Site Design No changes are being proposed to the existing site design. Lighting A photometric lighting plan has not been submitted with this request. Signage The applicant is proposing a new 10’ tall, 54 sq. ft. monument sign along South Washburn Street, with a 10’ setback from the front property line. A base standard modification (BSM) is required for reduced setback as 25’ setback is required for the SMU district. According to the applicant, the reduced setback is needed as the existing parking lot is built out to the setback line, restricting the ability to meet the setback requirement. Submitted site plan Staff is supportive of the requested BSM for reduced setback as it will be consistent with the existing monument sign for the neighboring Fox World Travel site immediately to the south. The Fox World Travel sign is 8’ tall, 56 sq. ft., and has a 6’ 6” front setback. Also, the proposed sign is well under the maximum monument sign height of 15’ and maximum square footage of 1 sq. ft. per linear foot of street frontage (261 sq. ft.) for the SMU district. Sign plan Landscaping A landscaping plan has not been provided. The approval of the Fox World Travel sign included a condition that landscaping be planted around all sides of the monument sign and shall be approved by the Department of Community Development. Staff is recommending that the same condition be applied for the proposed monument sign to offset the BSM for reduced setback. Design Standards No changes are being proposed to the existing building. 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. (b) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (c) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. Staff recommends approval of the Specific Implementation Plan amendment as proposed with the findings listed above and the following conditions: 1. Base Standard Modification from the required 25’ sign front setback to 10’ for the proposed monument sign. 2. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Specific Implementation Plan dated January 23, 2018 (Resolution 18-62) and Specific Implementation Plan Amendment dated September 12, 2023 (Resolution 23-453) remain in full force and effect. Plan Commission recommends approval of the Specific Implementation Plan Amendment at 2130 South Washburn Street with the findings and conditions on June 4, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp, Ms. Scheuermann, Mr. Ulrich, and Mr. Perry reported visiting the site. Staff report accepted as part of the record. The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for a monument sign at 2130 South Washburn Street. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is a 3.09-acre property located on the east side of South Washburn Street, south of West 20th Avenue. The property is zoned Suburban Mixed-Use District with a Planned Development Overlay (SMU-PD Plans were previously approved to convert the building to an optometry clinic (NEW Vision). No changes are being proposed to the existing use of the site. No changes are being proposed to the existing site design. The applicant is proposing a new 10’ tall, 54 sq. ft. monument sign along South Washburn Street, with a 10’ setback from the front property line. A base standard modification (BSM) is required for reduced setback as 25’ setback is required for the SMU district. According to the applicant, the reduced setback is needed as the existing parking lot is built out to the setback line, restricting the ability to meet the setback requirement. Staff is supportive of the requested BSM for reduced setback as it will be consistent with the existing monument sign for the neighboring Fox World Travel site immediately to the south. The Fox World Travel sign is 8’ tall, 56 sq. ft., and has a 6’ 6” front setback. Also, the proposed sign is well under the maximum monument sign height of 15’ and maximum square footage of 1 sq. ft. per linear foot of street frontage (261 sq. ft.) for the SMU district. A landscaping plan has not been provided. The approval of the Fox World Travel sign included a condition that landscaping be planted around all sides of the monument sign and shall be approved by the Department of Community Development. Staff is recommending that the same condition be applied for the proposed monument sign to offset the BSM for reduced setback. Staff recommends approval of the Specific Implementation Plan amendment as proposed with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry opened public comment and asked if the applicant wanted to make any statements. Andy Wapneski, from Signarama, wants to know when the landscaping would need to be completed. They are looking at completing in September or October, so would like to push the landscaping to spring. Mr. Lyons stated the ordinance would be set up to require planting in the following planting season. So, if it is not completed until September or October, it would allow you to plant in the spring. If you finish ahead of schedule, such as August, then you’d be required the plant this fall. 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 Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Ulrich. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. Page 5 Page 6 Page 7 Planned Development – New Vision 2130 S Washburn St Oshkosh, WI 54904 Seeking a request to add a monument sign for New Vision. The current setback is set at 25’ from the property line. If we were to go off this current setback, this would place the monument sign in the parking lot. I have provided a site map and measurements as we are asking to reduce the setback on this property. We are asking to be consistent with the placement of where Fox World Travel sign is placed. From the map and measurements, it looks as if Fox World Travel is about 9’/10’ from their property line. My proposal is that we would be 10’ from the property line of 2130 S. Washburn St. The concession/compensation the client is giving up is square footage allowed for this sign on this side of the building. Andy Wapneski Signarama N5528 Miranda Way Fond du Lac, WI 54937 Phone: 920-305-7757 Email: andy@signarama-fdl.com Page 8 Page 9 SIP AMENDMENT 2130 SOUTH WASHBURN ST PC: 6-4-2024 AMCOR FLEXIBLE N AMERICA 2200 BADGER AVE OSHKOSH WI 54904-9118 RIVIERA VENTURES LLC 3762 CANDLISH HARBOR LN OSHKOSH WI 54902-7305 PREMIER VISION PROPERTIES LL PO BOX 2723 OSHKOSH WI 54903-2723 ELLENWOOD CEMETERY ASSOC ATTN: SUSAN SEDLECHEKE 3317 MEADOWBROOK RD OSHKOSH WI 54904-7418 Page 10 S WASHBURN ST !"#$41!"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/29/2024 1 in = 120 ft 1 in = 0.02 mi¯2130 S WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 11 TTAAIILLWWIINNDDAAVV VILLAPARKDR CAPITAL DR MARICOPA DR A LLE RT O N D R RIP O N L A DEERFIELD DR BADGER AV THORNTON DR W 20TH AV KN AP P S T S KOELLE R S T W S O UTH PARK A V POBEREZNY R D S WA SHB UR N ST ·$44 !"#$41 !"#$41 HI HI I I I SMU SMU SMU SMU-PD SM U-PD SR-3 SR-5 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/29/2024 1 in = 500 ft 1 in = 0.09 mi¯2130 S WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 12 S WASHBURN ST !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/29/2024 1 in = 100 ft 1 in = 0.02 mi¯2130 S WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 13 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Ray Maurer D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-308 Authorize 2024 Grant Application -- Wisconsin Department of Natural Resources Inflation Reduction Act (IRA) Urban Forestry Grant B A C KGRO UN DBACKGROUND The Wisconsin Department of Natural Resources has grant funds available in 2024 designated for urban forestry projects. The City of Oshkosh meets several criteria for the grant and can receive funds from the Inflation Reduction Act (IRA) Urban Forestry Grant. These funds would be used to develop an urban forest management plan for the City, complete an updated tree inventory, purchase and plant trees in the public realm, and work with Oshkosh North High School to develop Akan Acres as an outdoor classroom. A N A L Y SI SANALYSIS The City of Oshkosh lags significantly behind its neighboring communities regarding tree canopy coverage. For example, the City of Fond du Lac's tree canopy coverage is 17%, and the City of Menasha's coverage is 19%, compared to the City of Oshkosh's tree canopy coverage of only 9%. In addition to the low percentage of tree coverage, 55% of Oshkosh is considered disadvantaged as determined in the Wisconsin Department of Natural Resources Inflation Reduction Act Urban Forestry eligibility map to apply for this funding. Developing an urban forestry management plan to address these critical disparities is crucial to improving the conditions of the urban forest in Oshkosh. FI SC A L I M P A CTFISCAL I M P A C T The requested grant amount is $387,200, and the funding is not contingent on providing any matching funds. REC O M M E N D A TI ONRECOMMENDATION Staff recommends the Common Council approve submitting the grant application. A t t a chment sAttachments Res 24-308 06/11/2024 24-308 RESOLUTION     CARRIED 6-0     PURPOSE: AUTHORIZE 2024 GRANT APPLICATION –WISCONSIN DEPARTMENT OF NATURAL RESOURCES URBAN FORESTRY GRANT INITIATED BY : PARKS DEPARTMENT         WHEREAS, the Wisconsin Department of Natural Resources has made available grant money for urban forestry projects; and     WHEREAS, the City of Oshkosh has identified the need to develop an urban forest management plan for the City, complete an updated tree inventory, purchase and plant trees in the public realm, and work with Oshkosh North High School to develop Akan Acres as an outdoor classroom; and        WHEREAS, the City of Oshkosh hereby attests to the validity and veracity of the statements and representations contained in the grant application.   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that City staff is hereby authorized to submit a grant application for the Wisconsin Department of Natural Resources Urban Forestry Inflation Reduction Act Grant in the amount of $387,200.00. BE IT FURTHER RESOLVED the applicant will complete the project and execute any and all documents required for purposes of the same, including the following: 1.    Sign and submit the grant application  2.    Sign a grant agreement between applicant and the DNR  3.    Submit interim and/or final reports to the DNR to satisfy the grant agreement  4.    Submit grant reimbursement request to the DNR  5.    Sign and submit other required documentation   BE IT FURTHER RESOLVED that the proper City officials are and are further authorized and directed, if said grant is awarded, to accept such funds, pursuant to the terms of the grant application and will comply with all local, state and federal rules, regulations and ordinances relating to this project.   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-309 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for 44th Parallel Park ($289,745.00) B A C KGRO UN DBACKGROUND The Common Council allocated $300,000.00 in the 2024 Parks Department CIP to replace play equipment at 44th Parallel Park, which was installed in 2003. The Parks Department and Purchasing staff solicited proposals from playground design firms. The request for proposal (RFP) requested firms to provide up to three playground designs, and to include the equipment, installation, and poured-in-place rubber surfacing. A N A L Y SI SANALYSIS The RFP was issued for this project on April 5, 2024, and sent to known playground design firms. Proposals were due May 7, 2024. Proposals were received from 3 firms. Proposals were evaluated based on design creativity, components requested in the RFP, and potential future maintenance. After evaluating all the proposals, it was the consensus of Parks staff that Design 2 from Lee Recreation, LLC best met the project criteria. As such, staff is recommending engaging Lee Recreation, LLC for this project. The project is scheduled to be completed this fall. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of Lee Recreation, LLC's proposal is $289,745.00. The proposal includes the equipment, installation, and poured-in-place rubber surfacing. The Common Council allocated $300,000.00 for play equipment in the 2024 Parks Department CIP. The remaining funds for this project will be used for site restoration and benches. Funding for this project will be charged to A/N#: 0224-0610- 7204-15431 (Machinery and Equipment).- REC O M M E N D A TI ONRECOMMENDATION Section 12-16 of the Municipal Code provides that, subject to approval of the City Manager, the City may enter into professional service agreements without following a competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Lee Recreation, LLC for $289,745.00. If you have any questions, please contact Parks Director Ray Maurer.- A t t a chment sAttachments Res 24-309 06/11/2024 24-309 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE PROFESSIONAL SERVICES PROPOSAL FROM LEE RECREATION, LLC FOR PLAYGROUND DESIGN AND INSTALLATION FOR 44TH PARALLEL PARK ($289,745.00) INITIATED BY : PARKS DEPARTMENT         WHEREAS, the Common Council allocated $300,000.00 in the 2024 Park Improvements Capital Improvement Program to replace the play equipment at 44th Parallel Park; and     WHEREAS,  staff solicited proposals for the design and installation of playground equipment pursuant to the professional services exception under Section 12-16 of our Municipal Code which allows for the waiving of formal competitive bidding; and     WHEREAS, three (3) proposals were received by May 7, 2024; and     WHEREAS, the proposal from Lee Recreation, LLC was selected as the most advantageous proposal.   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Lee Recreation, LLC for Playground Design and Installation for 44th Parallel Park in the amount of two hundred eighty-nine thousand seven hundred forty-five dollars and no cents ($289,745.00). Acct. No. 0224-0610-7204-15431        Machinery and Equipment   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-310 Approve Cooperative Purchase of Two Ford F-150 Pickup Trucks from Ewald's Hartford Ford for General Services Division ($81,236.00) B A C KGRO UN DBACKGROUND The Common Council allocated $85,000.00 in the 2024 CIP for a step van vehicle for the General Services Division. Due to extended ordering lead times for a step van, and in light of the increased and changing responsibilities of Facilities Maintenance staff, it was determined that two pickup trucks would be a more cost-effective solution to better meet the operational needs of the division. A N A L Y SI SANALYSIS Purchasing has confirmed that Ewald's Hartford Ford holds a State of Wisconsin cooperative contract for Ford pickup trucks (contract #505ENT-M24-VEHICLES06). Utilizing this contract, the City will save approximately 10.97% ($10,008.00) off of the list price for two pickup trucks. 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 The 2024 CIP allocated $85,000.00 for this project. Using the cooperative contract, the total fiscal impact of these two pickup trucks is $81,236.00. This purchase will be charged to A/N#: 02240130 7210 15431 (ARPA Facilities Motor Vehicles). The remaining funds allocated for this CIP will be used to complete these vehicles, including registrations, seat covers, tonneau covers, and amber lights. 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 with approval by the City Manager, Purchasing recommends the Common Council approve this cooperative purchase of two Ford F-150 pickup trucks from Ewald's Hartford Ford, 2570 E. Sumner Street, Hartford, WI 53027, for $81,236.00. If there are any questions about this purchase, please contact myself or Assistant City Manager/Director of Administrative Services John Fitzpatrick. A t t a chment sAttachments Res 24-310 06/11/2024 24-310 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE COOPERATIVE PURCHASE OF TWO FORD F-150 PICKUP TRUCKS FROM EWALD’S HARTFORD FORD FOR GENERAL SERVICES DIVISION ($81,236.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council allocated funds for the purchase of a step van vehicle for the General Services Division and, with staff changes, it is determined two (2) pickup trucks would be a better solution; and      WHEREAS, by participating through the State of Wisconsin Cooperative Purchase program, staff was able to obtain a more competitive price for the new pickup trucks; and      WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state, or federal governmental unit or agency; and      WHEREAS, Ewald’s Hartford Ford holds the State of Wisconsin cooperative contract for Ford F-150 Pickup Trucks (#505ENT-M24-VEHICLES06).   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above-mentioned the new pickup trucks from:           Ewald’s Hartford Ford 2570 E. Sumner Street Hartford, WI 53027                                                Total Bid:         $81,236.00   BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same.  Money for this purpose is hereby appropriated from: Acct. No.  02240130 7210 15431        ARPA Facilities Motor Vehicles     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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-311 Award Bid to Restoration Systems, Inc. for 2024 Repairs and Preservation for the Convention Center Parking Ramp for General Services ($107,948.00) B A C KGRO UN DBACKGROUND Through the operator agreement with the hotel operator, the City is responsible for maintenance and upkeep of the Convention Center parking ramp structure attached to the Oshkosh Waterfront Hotel. Since 2011, the City has engaged engineering firm WGI to provide a 10-year Repair and Protection Maintenance Plan for the parking structure. This plan identifies various necessary component replacements, structural repairs, grouting, sealer installation, asphalt repair, and other recommended maintenance. A new 10-year plan was completed in 2022. The 2024 repairs and preservation bid specifications included concrete repairs consisting of topside and underside partial depth slab repairs, joint sealant replacement at construction joints, cove sealant replacement, new heavy-duty full system deck coating at construction joints, penetrating silane sealers to exposed roof level, and plumbing repairs as needed throughout the parking ramp. Working in conjunction with Purchasing staff, WGI prepared bid specifications seeking contractors for the 2024 repair and preservation scope. A N A L Y SI SANALYSIS Bids were advertised in the local paper and posted online on Demandstar. Bids were due June 4, 2024. The bid tab is attached. Based on the bid review it is the consensus of staff and WGI that the low bid from Restoration Systems, Inc. meets the minimum bid specifications. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact for this bid is $107,948.00. Sufficient funding is allocated in the 2024 Parking Ramp Fund for these repairs. This project will be charged to A/N#: 5061040 7214 (Buildings & Building Improvements). REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council award this bid to Restoration Systems, Inc. for $107,948.00. A t t a chment sAttachments Res 24-311 Bid Tab OCC 2024 Parking Ramp Repairs 06/11/2024 24-311 RESOLUTION     CARRIED 6-0     PURPOSE: AWARD BID TO RESTORATION SYSTEMS, INC. FOR 2024 REPAIRS AND PRESERVATION FOR THE CONVENTION CENTER PARKING RAMP FOR GENERAL SERVICES ($107,948.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh has heretofore advertised for bids 2024 Repairs and Preservation for the Convention Center Parking Ramp for General Services; and      WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:          RESTORATION SYSTEMS, INC.         1604  Arcadian Ave         Waukesha, WI 53186                                                                                  Total Bid:     $107,948.00   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of the same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Acct. No.    5061040 7214    Buildings & Building Improvements     BID TAB OSHKOSH CONVENTION CENTER PARKING RAMP 2024 REPAIRS AND PRESERVATION TUESDAY – JUNE 4, 2024 BIDDER BID PREQUAL BID BOND Berglund Construction Co 1650 W Miller Parkway Milwaukee WI 53214 $159,000.00 YES YES Bulley & Andrews Concrete Restoration LLC 1755 W Armitage Ave Chicago IL 60622 $116,657.00 YES YES ProAxis LLC 2738 Progress Rd Madison WI 53716 $120,222.20 YES YES Restoration Systems Inc 1604 Arcadian Ave Waukesha WI 53186 $107,948.00 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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-312 Approve Purchase of Thermal Imaging Cameras from MacQueen Group for the Oshkosh Fire Department ($49,966.85) 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. At their May 28, 2024, meeting, the Common Council approved waiving the purchasing requirements of Section 12-10 of the Oshkosh Municipal Code as appropriate for staff to recommend TICs that are best suited to the operational needs and budgetary requirements of the City. A N A L Y SI SANALYSIS Fire Department staff identified and researched companies that offer thermal imaging cameras, including Mine Safety Appliance, FLIR, and Bullard. After a review comparing key criteria, including performance during high heat conditions during fire conditions, and cooler temperatures during searches of smoke-filled areas, staff concluded that the FLIR K65 cameras offer the best functions and features for the operational needs of the department. Specifically, staff felt that the FLIR K65 offered a clearer picture during all phases of fire operations, without the observed lag in some other brands, due to its rapid processor speed, ability to switch between modes with gloved hands, photo and video recording capabilities, and ergonomic design that staff found to be superior to all others. 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. Purchasing reviewed the three proposals Fire Department staff solicited from vendors for the 10 FLIR K65 cameras and confirmed that the proposal from the MacQueen group was the most competitive. The total fiscal impact of the 10 FLIR K65 cameras and related components from MacQueen Group is $49,966.85. This purchase will be charged to A/N#: 02240230 7204 15431 (ARPA- Fire Machinery & Equipment). REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council approve the purchase of thermal imaging cameras for $49,966.85 from MacQueen Group, 350 Austin Circle, Delafield, WI 53018. Please direct any questions on this purchase to Fire Chief Mike Stanley. A t t a chment sAttachments Res 24-312 06/11/2024 24-312 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE PURCHASE OF THERMAL IMAGING CAMERAS FROM MACQUEEN GROUP FOR THE OSHKOSH FIRE DEPARTMENT ($49,966.85) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council allocated $70,000 in the 2024 CIP to replace the thermal imaging cameras (TICs) used by the Fire Department; and     WHEREAS, at the May 28, 2024 meeting, Common Council approved waiving purchasing requirements pursuant to Section 12-10 of the Oshkosh Municipal Code; and     WHEREAS, Purchasing reviewed the three proposals the Oshkosh Fire Department staff solicited from vendors for the cameras and confirmed that MacQueen group was the most competitive.   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to purchase thermal imaging cameras from:          MACQUEEN GROUP         350 Austin Circle         Delafield, WI 53018                                                                                                   Total:  $49,966.85   BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same.  Money for this purpose is hereby appropriated from:  Acct. No.    02240230 7204 15431    ARPA- Fire Machinery & Equipment     TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Julie Calmes, Finance Director D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-313 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt B A C KGRO UN DBACKGROUND Attached is a resolution to appropriate additional ARPA Funds for the Museum security system. With the 2022 CIP, there was $20,000 of ARPA funds appropriated for this project. However, working with the vendor, it has been determined the total project will cost about $43,000. The increase is due to an evaluation of the current security equipment that cannot be used with the new equipment, necessitating a larger scope of work. The attached resolution would appropriate an additional $23,000 of ARPA funds, leaving a balance of $53,313 not yet appropriated. FI SC A L I M P A CTFISCAL I M P A C T The requested appropriation at this time totals $23,000. Based on the ARPA Award of $20,514,484 and Resolution No. 21-498, which directed 75% of ARPA expenditures for City Infrastructure, the remaining ARPA balance for City Infrastructure projects would be $53,313. The remaining funds will be appropriated before December 31, 2024. ARPA projects must be appropriated/encumbered by December 31, 2024, and all invoices must be paid by December 31, 2026. Please contact me if you have any additional questions. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council approve the attached Resolution. A t t a chment sAttachments Res 24-313 Revised ARPA List 2024 06/11/2024 24-313 RESOLUTION     CARRIED 6-0     PURPOSE: APPROPRIATE ARPA FUNDS FOR 2024 PROJECTS IN LIEU OF ISSUING DEBT INITIATED BY : CITY ADMINISTRATION         WHEREAS, The City of Oshkosh was awarded $20,514,484 in ARPA (American Rescue Plan Act of 2021) Funds; and     WHEREAS, on May 20, 2021 the City received and deposited 50% of the award in the amount of $10,257,242 into a Special Revenue Fund, Fund Number 0224, ARPA Special Revenue; and     WHEREAS, on June 7, 2022 the City received and deposited the remaining 50% of the award in the amount of $10,257,242 into a Special Revenue Fund, Fund Number 0224, ARPA Special Revenue; and     WHEREAS, the City Council adopted Resolution Number 21-498, “Creating Parameters for Usage of American Rescue Plan (ARPA) Funds”; and       WHEREAS, Resolution 21-498 states that 75% of the ARPA Funds should be utilized for City infrastructure projects; and     WHEREAS, Resolution 21-583 appropriated $4,023,050; and       WHEREAS, Resolution 22-278 appropriated $4,097,600; and     WHEREAS, Resolution 23-573 appropriated $5,133,200; and     WHEREAS, Resolution 24-46 appropriated $595,000; and     WHEREAS, Resolution 24-79 appropriated $830,000; and     WHEREAS, Resolution 24-119 appropriated $388,000; and     WHEREAS, Resolution 24-235 appropriated $242,700.   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh funding from ARPA funds received by the City of Oshkosh be appropriated by funding $23,000 for the Museum security system.   Award to City of Oshkosh $20,514,484 $15,385,863 Amount Remaining Projects Approved on October 26, 2021 Server Upgrade $20,000 WiFi Hardware $2,000 Video Conferencing $5,800 Surveillance Cameras $4,000 Automatic Vehicle Location $19,100 $50,900 $15,334,963 Projects Approved in November 2021 - Resolution 21-583 Projects from 2022 CIP Police Radios $1,200,000 Fire Radios $689,400 Menominee Beach House $150,000 GOH Lighting $80,000 Station 19 Parking Lot $36,500 Library Generator $236,800 City Hall Entrance Doors $65,700 Concrete Repairs $250,000 $2,708,400 $12,626,563 2022 Levy Shortfall Museum Masonry $25,000 Museum General Purpose Room $50,000 Fire Dept Generator $60,000 Fire Dept Hose $51,450 Fire Dept Mattresses $20,000 Fire Dept Nozzles $20,000 Fire Dept Station Renovations $50,000 Fire Dept Turnout Gear $71,000 Senior Center North Front Area $20,000 City Hall Security $80,000 $447,450 $12,179,113 IT and Security Projects Additional Laptops for Telecommuting (5) $6,000 Computer Training Lab Desktops (17) $12,000 Update Squad MDC $26,000 $44,000 $12,135,113 Repay Oshkosh Foundation $900,000 $11,235,113 ARPA Projects Council Resolution for Infrastructure (75%) Res. 21-498 Remaining Balance $11,235,113 2023 Projects - Resolution 22-478 Badger Books $132,100 Install Fiber from Station 15 to Leach $40,300 Install Fiber from Parks to Sawyer $76,600 Install Fiber from Sawyer to Pollock $87,500 Fire Dept Hose $8,500 Fire Apparatus Floor $60,000 Fire Dept Turnout Gear $80,000 Fire Dept Generator $70,000 Fire Dept Station Renovations $50,000 Fire Dept Garage Door Safety Eyes $12,500 Police Dept Mobile Force / Crisis Negotiator Veh $350,000 Barrier System $100,000 Concrete Repairs $175,000 Westhaven Signals $200,000 Sawdust District Utilities $350,000 Museum Signage $75,000 Museum Masonry Overhaul $350,000 Museum Loading Doors $200,000 Museum General Purpose Room $150,000 Museum Security System $20,000 Pickart Park Development $350,000 Westhaven Tennis Courts $120,000 Asphalt Pavement Prevention Prog $250,000 Network Switches $10,000 Fiber to Station 15 with County $214,000 Business / Bartender License $24,000 Cemetery Road Paving $25,000 PD Taser Replace $45,000 GOH Plumbing Improv $15,000 OM Replace 404/406 Video Equip $75,000 PD Tue Narc System $35,000 OM Control Room Editor $7,700 Police UFED Analyzer $7,200 HPE servers $15,500 Election Shields $10,000 S. Main St Road Program $155,000 3rd Ave Storeage $0 Badger Books Storage/Elections $24,000 Subtotal $3,969,900 $7,265,213 Beginning Balance $13,848,850 $7,265,213 2024 Projects Resolutions 23-573 and 24-46 Fire Dept Generators (2 plus additional)775,000$ Pratt Trail Archeological Study 400,000$ Data Center Switch Replacement 94,900$ Fire Dept Station Renovations 55,000$ Fire Dept Hose 18,000$ Fire Dept Mattresses 21,100$ Senior Center Siding & Doors 200,000$ 44th Parallel Ply Equip & Surfacing 300,000$ Fire Dept Cardiac Monitors & AEDs 1,092,500$ Tough Books 67,600$ Thermal cameras 70,000$ Zoo Bear Exhibit 400,000$ Grand Building Renovation design 473,000$ Design Fire Training Center 450,000$ Asphalt Pavement Prevention Prog 250,000$ Museum Sawyer House Windows 175,000$ Police CCOV Equipment 100,000$ Police take home vehicles 286,000$ Police Evidence Center 55,000$ Fire Replace Air Bags 20,000$ Fire Security Cameras 67,000$ Fire Pressure Washers 8,100$ Public Works Facility Efficiency Enhancements 50,000$ Quarry Park Landfill Mitigation 50,000$ Reduce 2024 Levy ADA Improvement 100,000$ Concrete Repairs 150,000$ Subtotal 5,728,200$ 1,537,013$ Resolution 24-79 Cem 409 Van 94,000$ Cem 516 Mower 20,000$ Cem 539 Mower 20,000$ Eng 386 1/2 ton 47,000$ Fac Van 85,000$ Fire Other Veh 74,000$ South Main Acq Parks F150 52,000$ Parks 1 Ton Dump 90,000$ Parks F350 57,000$ Parks 418 F150 55,000$ Parks 454 Mower 75,000$ Parks Shop Sweeper -$ Street Mower 13,500$ Street Road Saw 54,500$ Street Crack Filler 83,000$ Street Trailers 10,000$ 830,000$ 707,013$ Resolution 24-119 Fire Radios 43,000$ Police Body Armor/FTO Equipment 40,000$ Roundabout Landscaping 150,000$ Police Evidence Room revised cost 25,000$ Library Noise 70,000$ Library Public Furnishings 25,000$ Library signage 5,000$ Transit /Truck Route Study 30,000$ 388,000$ 319,013$ Resolution 24-235 Transit Card Readers 80,000$ Fire Dept Air Compressors 21,000$ IT List Serve 16,700$ Museum Boiler 125,000$ 242,700$ 76,313$ Additional 2024 Requests Additional for Museum Security System 23,000$ 23,000$ 53,313$ 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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-314 Approve Purchase of Security Cameras from Hunter Security & Surveillance for Public Museum ($38,682.58) B A C KGRO UN DBACKGROUND Since 2016, the IT Division has been steadily standardizing all video surveillance hardware to be compatible with the City's network video recording infrastructure. The infrastructure requires all cameras to be manufactured by Axis Communications to ensure full compatibility and functionality. To date, Hunter Security and Surveillance has designed and implemented security camera systems throughout a variety of city facilities, including City Hall, the Safety Building, the Leach Amphitheatre, Pollack Community Water Park, Menominee Park, the Parks Administration Building, the Field Operations Center, the Fire Department, Transit Administration Building, Water Distribution, and both plants for Water Filtration and Wastewater. The Common Council allocated $20,000 in the 2022 CIP to upgrade the video surveillance hardware within the Oshkosh Public Museum. A N A L Y SI SANALYSIS Information Technology staff solicited a proposal from Hunter Security and Surveillance to upgrade the Museum's camera system by using cameras compatible with the City's network video recording infrastructure. As the City's value-added reseller (VAR) and authorized installer on record, Hunter Security is able to obtain the best market pricing for Axis Communications compatible hardware. Since the original project request several years ago, the surveillance industry has seen significant cost increases for cameras and equipment, resulting in a higher project cost than initially anticipated. Purchasing has confirmed this purchase qualifies as a standardization/compatibility exception to our purchasing ordinance. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of Hunter Security's proposal is $38,682.58. IT staff anticipates an additional estimated $4,138.00 of network switches and fiber patch cables will need to be purchased to complete this project, bringing the total fiscal impact of this project to $42,820.58. The 2022 CIP allocated $20,000.00 for this project, and Resolution 24-313 allocated an additional $23,000.00 in American Rescue Plan Act (ARPA) funds for this project. This project would be charged to A/N#: 02241070 7214 15231 (Buildings and Building Improvements- OPM Security System). REC O M M E N D A TI ONRECOMMENDATION Section 12-11 of the Municipal Code provides that, subject to approval of the City Manager, purchases may be made without following a formal competitive bidding process when the purchase is from only one source of supply or when standardization or compatibility is the overriding consideration. In accordance with Section 12-11 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve this purchase from Hunter Security and Surveillance, W7537 Molly Marie Court, Greenville, WI 54942 for the amount of $38,682.58. Please contact me or IT Manager Tony Neumann if you have any questions concerning this agreement. A t t a chment sAttachments Res 24-314 06/11/2024 24-314 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE PURCHASE OF SECURITY CAMERAS FROM HUNTER SECURITY & SURVEILLANCE FOR PUBLIC MUSEUM ($38,682.58) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Information Technology staff solicited a proposal from Hunter Security and Surveillance to upgrade the Museum’s camera system by using cameras compatible with the City’s network video recording infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to enter into an appropriate agreement for security cameras with:          HUNTER SECURITY AND SURVEILLANCE         W7537 Molly Marie Court         Greenville, WI 54942                                                                                                    Total:  $38,682.58   BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same.  Money for this purpose is hereby appropriated from:  Acct. No. 02241070 7214 15231        Buildings and Building Improvements- OPM Security System     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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-315 Approve Cooperative Purchase of Aerial Lift Truck from Terex USA, LLC for Transportation Department ($265,752.78) B A C KGRO UN DBACKGROUND The Common Council allocated $300,000.00 in the 2024 CIP for a bucket truck replacement for the Transportation Department. This truck is used for installing and maintaining overhead traffic signals and streetlighting. The unit being replaced (501) was purchased in 2002 and has outlived its service life. A N A L Y SI SANALYSIS Purchasing has confirmed that Terex USA, LLC holds a Sourcewell cooperative contract for aerial work platforms (contract #110421-TER). Utilizing this contract, the City will save approximately 3.89% ($6,878.06) off of the list price. 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 The Common Council allocated $300,000.00 in the 2024 CIP for this unit. Using the cooperative contract, the total fiscal impact of this aerial unit with chassis is $265,752.78. This purchase will be charged to A/N#: 03230801 7210 66905 (Motor Vehicles- CIP Electric Bucket Truck). 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 with approval by the City Manager, Purchasing recommends the Common Council approve this cooperative purchase of an aerial lift truck from Terex USA, LLC dba Terex Utilities, 3140 15th Avenue, SE, Watertown, SD 57201, for $265,752.78. If there are any questions about this purchase, please contact myself or Transportation Director Jim Collins. A t t a chment sAttachments Res 24-315 06/11/2024 24-315 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE COOPERATIVE PURCHASE OF AERIAL LIFT TRUCK FROM TEREX USA, LLC FOR TRANSPORTATION DEPARTMENT ($265,752.78) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, Common Council allocated $300,000 in the 2024 CIP to purchase an aerial lift truck for the Transportation Department; and      WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for a bucket truck replacement; and      WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or federal governmental unit or agency; and      WHEREAS, Terex USA, LLC holds the Sourcewell cooperative contract (#110421-TER) for aerial work platforms. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above-mentioned aerial lift:          TEREX USA, LLC DBA TEREX UTILITIES         3140 15th Avenue, SE,          Watertown, SD 57201                                                                                           Total :  $265,752.78   BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same.  Money for this purpose is hereby appropriated from:  Acct. No.    03230801 7210 66905    Motor Vehicles- CIP Electric Bucket Truck            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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-316 Approve Block Party - Grace Lutheran Church to Utlize Nebraska Avenue for Their Neighborhood Cleanup, June 30, 2024 A t t a chment sAttachments Res 24-316 Grace Lutheran Church Block Party Attachment 06/11/2024 24-316 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE BLOCK PARTY - GRACE LUTHERAN CHURCH TO UTILIZE NEBRASKA AVENUE FOR THEIR NEIGHBORHOOD CLEANUP, JUNE 30, 2024 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Grace Lutheran Church (Colin Rieke) to utilize Nebraska Ave. between 9th Avenue and 10th Avenue on Sunday, June 30, 2024, from 2 p.m. to 6 p.m. to hold their neighborhood cleanup in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the block party during any period of emergency order or declaration prohibiting such event.  Approval of this block party shall not be interpreted to supersede any emergency order or declaration applicable to such block parties and all block parties shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.   Cost Estimates for Extraordinary Services None     TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-317 Approve Special Event - UW Oshkosh New Student & Family Programs to Utilize Market Street for the UW Oshkosh Titan Takeoff Bus Tour, June 24, 25, 26 & 29; July 8, 9, 12, & 31; August 1, 2, 19, 22, & 29, 2024 A t t a chment sAttachments Res 24-317 UWO Titan Takeoff Bus Tour Attachment 06/11/2024 24-317 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE SPECIAL EVENT - UW OSHKOSH TO UTILIZE MARKET STREET FOR THE UW OSHKOSH TITAN TAKEOFF BUS TOUR, JUNE 24, 25, 26 & 29; JULY 8, 9, 12, & 31; AND AUGUST 1, 2, 19, 22 & 29, 2024 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to UW Oshkosh New Student & Family Programs (Stacy Dreweck) to utilize Market Street on June 24, 25, 26 & 29; July 8,9, 12, & 31; and August 1, 2, 19, 22, & 29, 2024 from 12:00 p.m. to 3:05 p.m. (drop off times 12:00, 12:25, 12:50 & 1:15 p.m.; pick up times 1:50, 2:15, 2:40, & 3:05 p.m.) for the UW Oshkosh Titan takeoff Bus Tour, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Department Staffing $162.48 (preliminary estimate includes CSO hrs. for setup and tear down of np signs) Supplies/Materials $16.50 (preliminary estimate includes np signs)   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-318 Approve Special Event - Life Promotions to Hold Lifest at the Sunnyview Exposition Center & Winnebago County Community Park, July 11-14, 2024 A t t a chment sAttachments Res 24-318 Lifest Attachment 06/11/2024 24-318 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE SPECIAL EVENT - LIFE PROMOTIONS TO HOLD LIFEST AT THE SUNNYVIEW EXPOSITION CENTER & WINNEBAGO COUNTY COMMUNITY PARK, JULY 11-14, 2024   INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh approval is granted to Life Promotions, Inc. (John Dougherty) to hold Lifest at Sunnyview Exposition Center and Winnebago County Park on Wednesday, July 10 from 5:00 p.m. to 11:30 p.m.; Thursday, July 11 from 8:00 a.m. to 11:30 p.m.; Friday, July 12, from 8:00 a.m. to 11:30 p.m.; Saturday, July 13, from 8:00 a.m. to 11:30 p.m.; and Sunday, July 14, 2024, from 8:00 a.m. to 12:00 p.m.;  in accordance with the municipal code and the attached application, with the following exceptions/conditions:   An exception to the provisions of 4-24(D)(2)of the City of Oshkosh Municipal Code is granted to allow amplified music until 11:30 p.m. during the event. 1.  2.  3. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services Police Staffing $20,513.02 (preliminary estimate includes dedicated staffing of 220 officer hrs., 12 Supervisor hrs., and 4 CSO hrs.) Equipment/Vehicle $7,902.50(preliminary estimate includes 115 dedicated hrs. of police vehicles, 40 Mobile Command Center hrs. & 36 ATV hrs.) Supplies/Materials $49.50 (preliminary estimate includes use of no parking signs) Fire  Inspections $268.48 (preliminary estimate includes 4 hrs. for inspection services) Streets Staffing $150.00 (preliminary estimate includes 2 staff hr.) Equipment/Vehicle $74.66 (preliminary estimate includes use of vehicle to deliver & pick up barricades) Supplies/Materials $66 (preliminary estimate includes use of barricades & signs)     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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-319 Approve Mobile Home Licenses A t t a chment sAttachments Res 24-319 06/11/2024 24-319 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE MOBILE HOME PARK LICENSES INITIATED BY : CITY CLERK         WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews required by city ordinance have been completed; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: Mobile Home Park Licenses: Applicant Name: MHWI Lakeview of Oshkosh, LLC Mobile Home Park Name: Lakeview Estates Park Address: 972 E Sunnyview Rd, Oshkosh, WI 54901 Applicant Name: MHWI Edison Estates of Oshkosh, LLC Mobile Home Park Name: Edison Estates Park Address: 1040 W Snell Rd, Oshkosh, WI 54901 Applicant Name: Ashwood Communities LLC Mobile Home Park Name: Patrician Village Park Address: 5876.5 ft of Lot 19 LYG E of South Park Avenue SW 1/4 SE 1/4 Sec 27   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-320 Approve Secondhand Article Dealer License - ecoATM (inside Pick N Save at 1940 S Koeller St) A t t a chment sAttachments Res 24-320 06/11/2024 24-320 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE SECONDHAND ARTICLE DEALER 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: SECONDHAND ARTICLE DEALER LICENSE (JUNE 12, 2024 - DECEMBER 31, 2024)   ecoATM (inside Pick N Save)1940 S Koeller Street, Oshkosh, WI 54902   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-321 Approve Renewal Liquor Licenses A t t a chment sAttachments Res 24-221 06/11/2024 24-321 RESOLUTION     CARRIED 5-1 PRESENT     PURPOSE: APPROVE RENEWAL LIQUOR LICENSES 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:   CLASS “A” FERMENTED MALT LICENSE (JULY 1, 2024 through JUNE 30, 2025)   NAME, ADDRESS, AND LOCATION OF PREMISES Bob’s Mini-Mart (Bob’s Mini-Mart of Oshkosh LLC) - 506 Ohio St Agent: Nathan Poehlman, 567 Somerset Dr, Green Bay, WI 54301 Fleet Farm (Fleet Farm Group LLC) - 177 N Washburn St Agent: Adam Bose, 182 W 25th Ave, Oshkosh, WI 54902 Nayarit Market Mexico (Robert Gonzalez) - 258 W 8th Ave Agent: Robert Gonzalez, 250 W 8th Ave, Oshkosh, WI 54902 Sweetwater Performance (Sweetwater Performance Center LLC) - 501 S Main St Agent: Jason Lindemann, 4034 Stonegate Dr, Oshkosh, WI 54904   COMBINATION “CLASS A” FERMENTED MALT / LIQUOR LICENSE (JULY 1, 2024 through JUNE 30, 2025)   NAME, ADDRESS, AND LOCATION OF PREMISES 9th Avenue BP (American Petroleum LLC) - 2165 W 9th Ave Agent: Victoria Kidwiler, 1126 Taft Ave, Oshkosh, WI 54902 Air BP (American Petroleum LLC) - 1585 W 20th Ave Agent: Tina Stuart, 852 Central St, Oshkosh, WI 54901 Aldi #95 (Aldi, Inc. (Wisconsin)) - 1995 S Koeller St Agent: Todd Schmitz, 1625 White Swan Dr, Oshkosh, WI 54901 Casey’s General Store #3769 (Casey’s Marketing Company) - 2322 Jackson St Agent: Aaron Dalton, 1921 N Elinor St, Appleton, WI 54914 Challana Petroleum (Challana Petroleum) - 1320 Oshkosh Ave Agent: Rishijot Challana, 1424 Willow Creek Pkwy, Green Bay, WI 54311 Condon Food Mart (Condon Oil Company) - 811 Merritt Ave Agent: Kraig Bauman, 434 Stonehedge Ct, Ripon, WI 54971 Condon Northside Mobile (Condon Oil Company) - 415 W Murdock Ave Agent: Kraig Bauman, 434 Stonehedge Ct, Ripon, WI 54971 Condon Party Mart (Condon Oil Company) - 1424 S Main St Agent: Kraig Bauman, 434 Stonehedge Ct, Ripon, WI 54971 Corner Store (Palm Springs Capital, LLC) - 305 N Sawyer St Agent: Resham Singh, 3166 Quail Run Dr, Oshkosh, WI 54904 CVS Pharmacy #4380 (Wisconsin CVS Pharmacy, LLC) - 1736 W 9th Ave Agent: Joshua Free, 211 W Smith Ave, Oshkosh, WI 54901 DS Ale Mart (DS Ale Mart LLC) - 3785 Jackson St Agent: Savitri Ale, 811 Churchill St, Waupaca, WI 54981 Festival Foods (Skogen’s Foodliner, Inc) - 2415 Westowne Ave Agent: Jason Steffen, 612 E Scott St, Omro, WI 54963 Jackson St Shell (Chukku LLC) - 222 Jackson St Agent: Devi Adhikari, W6523 Austin Dr, Appleton, WI 54915 JT’s Wash & Mart (JT’s Wash & Mart LLC) - 751 Wisconsin St Agent: Michael Waterstreet, 850 Nicolet Ave, Oshkosh, WI 54901 Kwik Trip #457 (Kwik Trip, Inc) - 2400 S Washburn St Agent: Michael Byes, 2775 Oakwood Cir, Oshkosh, WI 54902 Kwik Trip #741 (Kwik Trip, Inc) - 215 W 20th Ave Agent: Jeffrey Bork, 307 W Cedar St, Hortonville, WI 54944 Kwik Trip #742 (Kwik Trip, Inc) - 2115 Jackson St Agent: James Duggan, 3180 Sawyer Creek Dr, Oshkosh, WI 54904 Kwik Trip #862 (Kwik Trip, Inc) - 1090 N Washburn St Agent: Nathan Haupt, 1183 Carriage Cir, Fond du Lac, WI 54935 Kwik Trip #881 (Kwik Trip, Inc) - 1725 W 9th Ave Agent: Johannes Schlaver, 845 6th St, Menasha, WI 54952 Kwik Trip #882 (Kwik Trip, Inc) - 2500 Witzel Ave Agent: Jacob Weninger, 957 Mill Pond Ln, Neenah, WI 54956 Liquorland (KBKS Inc) - 40 Wisconsin St Agent: Kuldeep Kang, 1139 High Ave #B, Oshkosh, WI 54901 Main Street Citgo (Shivkush LLC) - 834 N Main St Agent: Nirav Patel, 1816 Statute St, Neenah, WI 54956 Oshkosh Food Co-op (Oshkosh Food Cooperative) - 155 Jackson St #101 Agent: Kyle Langlitz, 1131 Merrill St, Oshkosh, WI 54901 Oshkosh Qwik Pantry (Shaliz Enterprises LLC) - 403 N Sawyer St Agent: Shakti Khanal, 602 W Bent Ave, Oshkosh, WI 54901 Pantry 76 BP (Shivam Petro, Inc) - 3700 Jackson St Agent: Rajan Chopra, 2325 Shore Preserve Dr, Oshkosh, WI 54904 Pick N Save #375 (Ultra Mart Foods LLC) - 1900 Jackson St Agent: Daniel Ven Rooy, 2842 Manor Dr, Oshkosh, WI 54904 Pick N Save #478 (Ultra Mart Foods LLC) - 1940 S Koeller St Agent: Brian Miron, 2566 Blue Heron Blvd, Sun Prairie, WI 53590 Pioneer Marina (Pioneer Marina LLC) - 1100 Pioneer Dr Agent: Arthur Dumke, 2062 Menominee Dr, Oshkosh, WI 54901 Red’s Piggly Wiggly #243 (Roscoe Oshkosh Inc) - 525 E Murdock Ave Agent: Spencer Jari, 433 Spruce St, Omro, WI 54963 Refuel Pantry – Quent’s (Liberty Square Gas Station Inc) - 2167 State Rd 44 Agent: Lakhbir Singh, 6664 Tartan Trl, Sun Praire, WI 53590 Rstore #4520 (GPM Southeast, LLC) - 305 Ohio St Agent: Rhonda Urlaub, 118927 Trailview St, Stratford, WI 54484 Rstore #4521 (GPM Southeast, LLC) - 708 W Murdock Ave Agent: Rhonda Urlaub, 118927 Trailview St, Stratford, WI 54484 Rstore #4522 (GPM Southeast, LLC) - 1623 Bowen St Agent: Rhonda Urlaub, 118927 Trailview St, Stratford, WI 54484 Rstore #4523 (GPM Southeast, LLC) - 208 Bowen St Agent: Rhonda Urlaub, 118927 Trailview St, Stratford, WI 54484 Target Store T-0807 (Target Corporation) - 1900 S Koeller St Agent: Abby Schapekahm, N4398 State Rd 49, Poy Sippi, WI 54967 Towneplace Suites by Marriott (North Koeller Street Hotel Associates LLC) - 1365 N Westfield St Agent: Magen Covill, 4704 County Rd N, Oshkosh, WI 54904 True North Energy #826 (True North Energy, LLC) - 2250 Westowne Ave Agent: Michelle Knox, W1224 Harvestore Rd, Brillion, WI 54110 True North Energy #831 (True North Energy, LLC) - 1686 Oshkosh Ave Agent: Michelle Knox, W1224 Harvestore Rd, Brillion, WI 54110 Wagner Market (HWW3 LLC) - 502 N Main St Agent: Sarrah Larson, 502 N Main St, Oshkosh, WI 54901 Walmart #1430 (Wal-Mart Stores East, LP) - 351 S Washburn St Agent: Carlos Rodriguez, 5185 Ciscel Dr, Oshkosh, WI 54904 Witzel Petro (KN LLC) - 1801 Witzel Ave Agent: Nawaraj Subedi, 3045 Winnipeg St, Menasha, WI 54952   CLASS “B” FERMENTED MALT LICENSE (JULY 1, 2024 through JUNE 30, 2025)   NAME, ADDRESS, AND LOCATION OF PREMISES 608 Axe Throwing (608 Axe Throwing LLC) - 2283 State Rd 44 Agent: David Williamson, 1619 Broadway Ave, Wisconsin Dells, WI 54965 American Inn (Arora Hospitality LLC) - 1515 Planeview Dr Agent: Parmeet Arora, 8176 Basil Ct, Neenah, WI 54956 Can Can (Can Can, LLC) - 584 N Main St Agent: Katie Voss, 584 A N Main St, Oshkosh, WI 54901 Charley Biggs (Charley Biggs of Oshkosh) - 1429 S Main St Agent: Kenneth Hyler, W684 Buttercup Ct, Berlin, WI 54923 Comfort Suites (Purshottam LLC) - 400 S Koeller St Agent: Heather Miller, 587 Mount Vernon St, Oshkosh, WI 54901 Fire Escape Art Studio & Gallery (Fire Escape Art Studio & Gallery LLC) - 423 N Main St Agent: Rebecca Graf, 1833 Doty St, Oshkosh, WI 54902 Fire Escape Art Studio & Gallery (Fire Escape Art Studio & Gallery LLC) - 927 Oregon St Agent: Rebecca Graf, 1833 Doty St, Oshkosh, WI 54902 Fox Harbor Marina (Fox Harbor Marina LLC) - 1000 Bauman St Agent: Chris Amos, W5471 Burrows Ln, Elkhart Lake, WI 53020 Fox River Bait & Tackle (Fox River Bait & Tackle LLC) - 1415 Rainbow Dr Agent: Chris Barter, 6043 Church Rd, Omro, WI 54963 Glow in the Park Indoor Mini Golf (Holz Entertainment LLC) - 300 S Koeller St Ste B Agent: Joshua Holz, 95 Dawes St #A, Oshkosh, WI 54901 Golfer’s & Skier’s Outlet (RK Sports Inc) - 2550 S Washburn St Agent: Richard Kohlhoff, 804 W Gile Cir, De Pere, WI 54115 Mike’s Place Family Restaurant (Strycker Enterprises) - 2402 Jackson St Agent: Seth Murphy, 1920 Cliffview Ct, Oshkosh, WI 54901 Planeview Travel Plaza (Planeview Travel Plaza, Inc) - 1500 Planview Dr Agent: Lakhbir Singh, 6664 Tartan Trl, Sun Prairie, WI 53590 Quality Inn (Spirit Hotels LLC) - 1495 W South Park Ave Agent: Dhaval Patel, 1495 W South Park Ave, Oshkosh, WI 54902 Time Community Theater (Community Theater Group of Oshkosh Inc) - 445 N Main St Agent: Philip Krause, 304 Prospect Ave, Oshkosh, WI 54901   CLASS “B” FERMENTED MALT LICENSE (JULY 1, 2024 through DECEMBER 31, 2024)   NAME, ADDRESS, AND LOCATION OF PREMISES The Oasis (Bartels Enterprises, Inc) - 1382 W Waukau Ave Agent: Jeffrey Bartels, 1920 W Waukau Ave, Oshkosh, WI 54902   CLASS “B” FERMENTED MALT & “CLASS C” WINE LICENSE (JULY 1, 2024 through JUNE 30, 2025)   NAME, ADDRESS, AND LOCATION OF PREMISES Elsewhere Market & Coffee House (Gibson Social Club LLC) - 531 N Main St Agent: Jessie Krusick, 417 S 3rd St, Winneconne, WI 54986 HuHot Mongolian Grill (Mongolian Grill Restaurant Operating Company LLC) - 2059 Witzel Ave Agent: Andrew Vap, 5842 Maitland Ct, Whitefish Bay, WI 53217 Oshkosh Cinema (Family Entertainment LLC) - 340 S Koeller St Agent: Mark Peterson, 8093 N Edge O Woods Dr, Brown Deer, WI 53223 Planet Perk Coffee Houses (Herbsson Enterprises Inc) - 100 City Center Ste C Agent: Kenneth Osmond, 313 W New York Ave, Oshkosh, WI 54901 Taqueria La Patrona (Taqueria La Patrona LLC) - 252 Wisconsin St Agent: Christian Sandoval, 2625 Wisconsin St, Oshkosh, WI 54901   CLASS “B” FERMENTED MALT & “CLASS C” WINE LICENSE (JULY 1, 2024 through DECEMBER 31, 2024) NAME, ADDRESS, AND LOCATION OF PREMISES SOS Brothers (Sosnoski Brothers Joint Venture II) - 1782 W Waukau Ave Agent: Dean Sosnoski, N2549 Sommers Dr, Appleton, WI 54913   COMBINATION “CLASS B” FERMENTED MALT / LIQUOR LICENSE (JULY 1, 2024 through JUNE 30, 2025) NAME, ADDRESS, AND LOCATION OF PREMISES 592 Korean BBQ (592 Oshkosh LLC) - 2010 W 9th Ave Agent: Lin Ping Yang, 3150 Bailey Ct, Oshkosh, WI 54904 Acee Deucee (Robert L Pollnow) - 1329 Oregon St Agent: Robert Pollnow, 1329 Oregon St, Oshkosh, WI 54902 Andy’s Pub & Grub (Anderson & Sons of Oshkosh, Inc) - 527 W 9th Ave Agent: Helen Anderson, 537 W 9th Ave, Oshkosh, WI 54902 Anjie’s Bar (Anjie’s Bar LLC) - 413 Ohio St Agent: Angela Baier, 1522 W 6th Ave, Oshkosh, WI 54902 Applebee’s Neighborhood Grill & Bar (SBG Apple North IV, LLC) - 1700 S Koeller St Agent: David Oestreich, 5909 Quentin St, Weston, WI 54476 B&E Lounge (B&E Lounge LLC) - 1022 Oregon St Agent: James Nienhaus, 3145 W 9th Ave, Oshkosh, WI 54904 Back Again Stadium Bar (Back Again Stadium Bar, Inc) - 301 Knapp St Agent: Lenny Eckstein, 1216 Charlene Ave, Omro, WI 54963 Bar 430 (430 N Main Street, LLC) - 430 N Main St Agent: Kyle Hoopman, 985 Bavarian Ct, Oshkosh, WI 54901 The Bar of Oshkosh (The Bar of Oshkosh, Inc) - 825 N Washburn St Agent: Jamie Knudson, W5975 Sweet Pea Dr, Appleton, WI 54915 Barley & Hops Pub (Barley & Hops LLC) - 663 N Main St Agent: Nathan Stiefvater, 1214 W 6th Ave, Oshkosh, WI 54902 Beckets (HWW LLC) - 1 City Center Agent: Kris Larson, 502 N Main St, Oshkosh, WI 54901 Big Daddys Pub & Grub (Kowalske Enterprises LLC) - 300 W South Park Ave Agent: Paul Kowalske, 306 W 14th Ave, Oshkosh, WI 54902 Boots Saloon (Boots Saloon LLC) - 701 Merritt Ave Agent: Kenneth Hyler, W684 Buttercup Ct, Berlin, WI 54923 Bottoms Up (Zick of Wisconsin LLC) - 702 Oregon St Agent: Tyler Zick, 5135 British Ln, Oshkosh, WI 54901 Buffalo Wild Wings (Blazin Wings, Inc) - 500 S Koeller St Agent: Tammy Wetenkamp, 1010 S 12th St, Manitowoc, WI 54220 Calhoun Beach Club (CBC Inc) - 695 N Main St Agent: Thomas Taggart, 1033 Hazel St, Oshkosh, WI 54901 Caramel Crisp & Cafe (Caramel Crisp & Cafe LLC) - 200 City Center Ste D Agent: Chanda Anderson, 542 W 16th Ave, Oshkosh, WI 54902 Casey’s Bar (Lee D Faust) - 668 W 6th Ave Agent: Lee Faust, 2231 Willow Way Dr, Oshkosh, WI 54904 Chalice (Chalice Inc) - 1741 N Main St Agent: Joseph Ambrose, 1921 Greenbriar Trl, Oshkosh, WI 54904 The Cheatin’ Heart (The Cheatin’ Heart, Inc) - 2839 Harrison St Agent: Jason Dahse, 4949 Sherman Rd, Oshkosh, WI 54901 Chester V’s (Chester V’s LLC) - 2505 Oregon St Agent: Mary Voulgaris, 298 Lone Elm Ave, Van Dyne, WI 54979 Chili’s Grill & Bar (Brinker Restaurant Corporation) - 1290 S Koeller St Agent: James Linderman, 1997 Harrison St #5, Neenah, WI 54956 Cinders Charcoal Grill (Cinders Charcoal Grill, LLC) - 1002 N Main St Agent: Sherry Sosnoski, 1625 Maricopa Dr, Oshkosh, WI 54904 Club 52 (Club 52 LLC) - 1014 A Ohio St Agent: Kia Xiong, 3565 Dekalb Ln, Neenah, WI 54956 Clubhouse (Al-Ghetta Group, LLC) - 2049 Witzel Ave Agent: Nathan Al-Ghetta, 2301 Indian Point Rd, Oshkosh, WI 54901 Cobblestone Suites (Evergreen Hospitality LLC) - 3105 S Washburn St Agent: Kim Wogernese, 980 American Dr, Neenah, WI 54956 Cozumel Mexican Restaurant (Cozumel Mexican Restaurant Bar & Grill LLC) - 2065 Witzel Ave Agent: Alejandro Torres, 521 Haylett St, Neenah, WI 54956 Dead Horse Saloon (SCHenkle LLC) - 1904 Jefferson St Agent: Stephen Henkle, 108 E Gruenwald Ave, Oshkosh, WI 54901 Deb’s Spare Time (Debora M Resop) - 1303 Harrison St Agent: Debora Resop, 3025 Shorewood Dr, Oshkosh, WI 54901 Delta Restaurant (Delta Restaurant of Oshkosh Inc) - 515 N Sawyer St Agent: Ever Hernandez, 2105 Moringstar Ln, Oshkosh, WI 54904 Distillery Pub (Distillery Pub LLC) - 515 N Main St Agent: April Chase, 515 N Main St #A, Oshkosh, WI 54901 Dockside Tavern (Boat Yard Bar & Grill, LLC) - 425 Nebraska St Agent: Jason Lindemann, 4034 Stonegate Dr, Oshkosh, WI 54904 Dublin’s Irish Pub (NB Investment LLC) - 2070 W 9th Ave Agent: David Toman, 1480 Norman Ct, Oshkosh, WI 54904 EAA (Experimental Aircraft Association, Inc) - 3000 Poberezny Rd Agent: Christopher Farrell, 1902 Lydia Ln, Appleton, WI 54915 Electric Lounge (Electric Lounge LLC) - 402 E Parkway Ave Agent: Tiffany McCrory, 400 E Parkway Ave, Oshkosh, WI 54901 Evergreen (Evergreen Retirement Community, Inc) - 1130 N Westfield St Agent: Kenneth Arneson, 1230 Welsh Haven Dr, Oshkosh, WI 54904 Evil Roy Slades (Evil Roy Slades, Inc) - 110 W 7th Ave Agent: Diane Murphy, 359 Knapp St, Oshkosh, WI 54902 Fairways on Main (Fairways on Main, LLC) - 519 N Main St Agent: Tracy Moore, 5175 I Ah Maytah Rd, Oshkosh, WI 54901 Fletch’s Local Tap House (Carlson’s Fine Foods Inc) - 566 N Main St Agent: Adam Carlson, 207 E Irving Ave #208, Oshkosh, WI 54901 Friar Tucks (Progressive Investors Inc) - 1651 W South Park Ave Agent: Michael Pfeifer, N5336 Seevue Dr, Fond du Lac, WI 54935 Gabe’s Wisconsin Kitchen & Tavern (Gabeswisconsin LLC) - 1160 N Westhaven Dr Agent: Steven Gabelbauer, 3926 Braeburn St, Oshkosh, WI 54904 Gardina’s (MC & C Sales LLC) - 448 N Main St Agent: John Carlson, 2 S Brokaw Pl, Appleton, WI 54911 Gibson Social Club (Gibson Social Club LLC) - 537 N Main St Agent: Eric Hoopman, 2026 Menominee Dr, Oshkosh, WI 54901 Ginger Snap (Gin-Kamp, LLC) - 2314 Harrison St Agent: Ginger Averkamp, 2314 A Harrison St, Oshkosh, WI 54901 The Good Yolk Pancake & Cafe (The Prime Table, LTD) - 1009 W 9th Ave Agent: Flamur Hajdini, 1265 Judy Lee Dr, Oshkosh, WI 54904 The Grand Oshkosh (The Grand Oshkosh Inc) - 100 High Ave Agent: David Lange, 606 W Brewster St, Appleton, WI 54911 The Hangar Bar & Grill (The Hangar Bar & Grill LLC) - 1485 W 20th Ave Agent: Lisa Marshall, 802 A W 8th Ave, Oshkosh, WI 54902 Hilton Garden Inn Oshkosh (Beechwood Plaza Hotel of Oshkosh, LLC) - 1355 W 20th Ave Agent: Andrea Schultz, 5218 Preservation Pl, Sun Prairie, WI 53590 Holiday Inn Express Hotel & Suites (HIW Inc) - 2251 Westowne Ave Agent: Nathan Ehrenberg, 2521 Honey Lou Ct #7, Appleton, WI 54915 Houge’s Bar (Houge’s Tavern LLC) - 51 W 7th Ave Agent: Matt Morgan, 819 A Oregon St, Oshkosh, WI 54902 The Howard (405 Washington Ave, LLC) - 405 Washington Ave Agent: Carol Velasco, 55 Jacob Ave, Oshkosh, WI 54902 HQ (Lavaque HQ LLC) - 1309 Oregon St Agent: Barry Lavaque, 806 Oregon St, Oshkosh, WI 54902 Jabroni (Thomas J Bollom) - 14 W Irving Ave Agent: Thomas Bollom, 10 W Irving Ave, Oshkosh, WI 54901 Jansen’s Bar & Restaurant (Raev Ventures LLC) - 344 Bowen St Agent: Aaron Busse, 555 Kirkwood Dr, Oshkosh, WI 54904 Jeff’s on Rugby (Jeffs on Rugby II LLC) - 1005 Rugby St Agent: Austin Gross, 2460 Westhaven Ct, Oshkosh, WI 54904 Jerry’s Tavern (Jerrys Tavern, LLC) - 1210 Ceape Ave Agent: Scott Engel, 910 Cozy Ln, Oshkosh, WI 54901 Jockey Club (Jockey Club II LLC) - 24 E Gruenwald Ave Agent: Gayle Savka, 528 Grove St, Oshkosh, WI 54901 Karmali’s Bar & Grill (Karmali’s Bar & Grill LLC) - 1903 Harrison St Agent: Crystal Mulvey, 823 Windward Ct, Oshkosh, WI 54901 Kelly’s Bar (DSchultz LLC) - 219 Wisconsin St Agent: Daniel Schultz, 612 Franklin St, Oshkosh, WI 54901 LaSure’s Hall (LaSure’s Inc) - 3125 S Washburn St Agent: Robert Heisler, 5869 E Island Dr, Butte Des Morts, WI 54927 Leroy’s Bar (Baehman Enterprises, Inc) - 701 Knapp St Agent: Cynthia Baehman, 660 W 11th Ave, Oshkosh, WI 54902 Los Jaripeos (Los Jaripeos of Oshkosh, LLC) - 715 N Main St Agent: Antonio Sandoval, 4017 E Appleview Dr, Appleton, WI 54913 Los Rivera’s Mexican Grill (Los Rivera’s Mexican Grill LLC) - 700 N Koeller St Agent: Marcos Rivera, 1711 Taft Ave #H1, Oshkosh, WI 54902 Los Tres Amigos (Los Tres Amigos Mexican Restaurant, LLC) - 2070 S Koeller St Agent: Eric Mosqueda-Lopez, 6505 N Headwall Cir, Appleton, WI 54913 Lyons Lounge (Lyons Den EM LLC) - 760 W 6th Ave Agent: Erick Gunderson, 313 Bay St, Oshkosh, WI 54901 Mabel Murphy’s (701 Main, Inc) - 701 N Main St Agent: Sean Felker, 2470 Arcadia Ave, Oshkosh, WI 54904 Manila Restaurant and Algoma Club (One Six Eight Hospitality Group, LLC) - 103/107 Algoma Blvd Agent: Mario Ambas, 6100 Black Wolf Point Rd, Oshkosh, WI 54902 Mick & Sue’s (Falk & Falk) - 1300 Ceape Ave Agent: Marshall Falk, 1300 Ceape Ave, Oshkosh, WI 54901 Mile High Pub (Mile High Pub LLC) - 958 W 6th Ave Agent: David Karpowitz, 113 W 16th Ave, Oshkosh, WI 54902 Mineshaft (Masters Oshkosh LLC) - 2041 S Koeller St Agent: Thomas Masters, 5488 Pleasant Hill Rd, Hartford, WI 53027 Molly McGuire’s (Magoo’s, Inc) - 539 Campus Pl Agent: Thomas Taggart, 1033 Hazel St, Oshkosh, WI 54901 Mr Brews Taphouse (Mr Brews Taphouse Oshkosh LLC) - 1710 Oshkosh Ave Agent: Henry Schultz, 1349 Tullar Rd, Neenah, WI 54956 New Moon Cafe (New Moon Cafe LLC) - 401 N Main St Agent: Jason Baer, 1710 Laurie Ave, Oshkosh, WI 54902 Nigl’s (Nigl’s Inc) - 556 W 9th Ave Agent: James Nigl, 264 N Campbell Rd #D, Oshkosh, WI 54902 Oblio’s Lounge (Oblio’s Lounge 2K LLC) - 434 N Main St Agent: Blake Kieler, 317 W Valley Rd #3, Appleton, WI 54915 The Olive Garden Italian Restaurant #4423 (GMRI, Inc) - 1190 S Koeller St Agent: Courtney Roberts, 630 Oak St, Neenah, WI 54956 Oshkosh Convention Center (1 N Main LLC) - 2 N Main St Agent: David Helgeson, 8532 Olde Market Dr, Larsen, WI 54947 Oshkosh Elks Lodge #292 (Oshkosh Elks Lodge #292) - 175 W Fernau Ave Agent: Debora Schreiber, 217 E Lincoln Ave, Oshkosh, WI 54901 Oshkosh Waterfront Hotel (1 N Main LLC) - 1 N Main St Agent: David Helgeson, 8532 Olde Market Dr, Larsen, WI 54947 Paine Art Center and Gardens (Paine Art Center and Gardens Inc) - 1410 Algoma Blvd Agent: Aaron Sherer, 1720 Cliffview Dr, Oshkosh, WI 54901 Park Ave Bar (John Popp) - 358 W South Park Ave Agent: John Popp, 358 A W South Park Ave, Oshkosh, WI 54902 Parker John’s BBQ & Pizza (Viand Hospitality LLC) - 30 Wisconsin St Agent: Aaron Sloma, W2547 County Line Rd, Cleveland, WI 53015 Parnell’s (Singham LLC) - 2932 Fond du Lac Rd Agent: Harsh Singh, 611 Franklin St, Oshkosh, WI 54901 Patriot Place (David Viaene) - 1226 Oshkosh Ave Agent: David Viaene, W10460 Givens Rd, Hortonville, WI 54944 Peabody’s Ale House (Hoopman & Lang, LLC) - 544 N Main St Agent: Kyle Hoopman, 985 Bavarian Ct, Oshkosh, WI 54901 Pete’s Garage Bar (Haferman Bar Management LLC) - 1514 Oregon St Agent: Peter Haferman, 421 Hidden Ridge Way, Combined Locks, WI 54113 Pickle and Bags (Pickle and Bags LLC) - 2211 Oregon St Unit Z Agent: Jeffrey Ehrike, 934 Wylde Oak Dr, Oshkosh, WI 54904 Pilora’s Cafe (Pilora’s Cafe LLC) - 910 N Main St Agent: Cory Tellock, 1209 Harney Ave, Oshkosh, WI 54901 Players Pizza & Pub (Murray Hospitality Group, LLC) - 556 W 5th Ave Agent: Timothy Murray, 1840 Walnut St, Oshkosh, WI 54901 Ratch & Deb’s Pizza (Ratch & Deb’s Inc) - 720 A Merritt Ave Agent: Mark Ratchman, 1545 Westhaven Cir, Oshkosh, WI 54904 Red Robin Gourmet Burgers and Brews (Reb Robin International, Inc) - 600 S Koeller St Agent: Lindsey McGlin, 1103 W Oklahoma St, Appleton, WI 54914 The Reptile Palace (The Reptile Palace LLC) - 141 High Ave Agent: Elizabeth Schubert, 564 Jefferson St #A, Oshkosh, WI 54901 Retro’s Pub (Retros Pub LLC) - 2015 Harrison St Agent: Brett Rescheske, 980 Alpine Ct, Oshkosh, WI 54901 Revs Bowl Bar & Grill (EMK Ventures LLC) - 275 N Washburn St Agent: Erik Gialdella, 1642 River Mill Rd, Oshkosh, WI 54901 The Roxy (JRD Restaurants Inc) - 571 N Main St Agent: Robert Wolf, 375 Fox Fire Dr, Oshkosh, WI 54904 The Ruby Owl Tap Room (MC & C Sales LLC) - 421 N Main St Agent: Adam Carlson, 207 E Irving Ave #208, Oshkosh, WI 54901 Sakura Japanese Steak House (Sakura Japanese Cuisine Inc) - 330 N Koeller St Agent: Hua Jian Zhou, 650 W 4th Ave, Oshkosh, WI 54902 Sherman House (G.S. Davies Inc) - 1029 S Main St Agent: Gary Davies, 1241 Glane Ct, Oshkosh, WI 54902 Sometimes at Pioneer Island (Sometimes LLC) - 1000 Pioneer Dr Agent: Arthur Dumke, 2062 Menominee Dr, Oshkosh, WI 54901 South Side Ice Yacht Club (South Side Ice Yacht Club, Inc) -1842 S Main St Agent: Eric Postl, 681 W 6th Ave, Oshkosh, WI 54902 Sushi Lover (G & Z Food LLC) - 2605 Jackson St Agent: Zhiming Zhao, 1006 N Sawyer St, Oshkosh, WI 54902 T & O Bowling Lanes (T & O Bowling Lanes, LLC) - 1007 Oregon St Agent: Nicholas Jirschele, 1612 Wilson Ave, Oshkosh, WI 54901 Takiza Mexican Cuisine (Takiza Mexican Cuisine LLC) - 300 S Koeller St Ste H Agent: Anika Guerrero, 2391 Witzel Ave, Oshkosh, WI 54904 The Taqueria (Fox North LLC) - 1838 Oshkosh Ave Agent: Elie Saad, 1800 Lake Breeze Rd, Oshkosh, WI 54902 Terry’s Bar & Grill (2116 Holdings, Inc) - 688 N Main St Agent: Brian Gauthier, 1575 Galway Ct, Oshkosh, WI 54904 TNT Tap (Tanner Games LLC) - 359 W 17th Ave Agent: Adam Tanner, 305 Washington Ave, Omro, WI 54963 Trail’s End Tavern (Tral En LTD) - 500 Merritt Ave Agent: Robert Winkelman, 4072 Sand Pit Rd, Oshkosh, WI 54904 Twisted Roots (Stieg Properties LLC) - 693 N Main St Agent: Brenda Stieg, 25 E Waukau Ave #B, Oshkosh, WI 54902 Two Brothers Restaurant (Two Brothers Inc) - 1930 Rath Ln Agent: Louis Giannopoulos, 2025 Crest Ct, Oshkosh, WI 54901 The Underground Saloon (The Underground LLC) - 539 High Ave Agent: Kyle Faust, 4820 Country Club Rd, Oshkosh, WI 54902 Varsity Club (Carlson’s Fine Foods Inc) - 570 N Main St Agent: Adam Carlson, 207 E Irving Ave #208, Oshkosh, WI 54901 The Vault @ 404 (404 N Main St LLC) - 404 N Main St Agent: James Robl, 1517 Pierce Ave, Oshkosh, WI 54902 Water City Pub (216 North Main Street LLC) - 216 N Main St Agent: Anthony Mirek, 943 Honey Creek Rd, Oshkosh, WI 54904 The Waters (Waters Enterprises, LLC) - 1393 Washington Ave Agent: Katherine Durkee, 5928 Valentine Dr, Winneconne, WI 54986 West End Pizza (West End Pizza Palace, Inc) - 1414 W 20th Ave Agent: Jonathan Weigandt, 1692 River Mill Rd, Oshkosh, WI 54901 Winners Sports Bar & Grill (600 North Main LLC) - 600 N Main St Agent: Kyle Faust, 4820 Country Club Rd, Oshkosh, WI 54902 Woodchucks Bar & Grill (Woodchucks Bar & Grill LLC) - 351 Rosalia St Agent: Dave Krueger, 3355 Harbor Bay Rd, 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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-322 Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - Corner Bar & Grill A t t a chment sAttachments Res 24-322 Corner Bar Surrender and Application 06/11/2024 24-322 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: Corner Bar & Grill on the Strip (KLLM Enterprises LLC).............2090 W 9th Avenue NEW APPLICANT/SURRENDERED TO: Corner Bar & Grill (Corner Consulting LLC).....................2090 W 9th Avenue   COMBINATION "CLASS B" BEER/LIQUOR LICENSE (JULY 1, 2024 - JUNE 30, 2025)   NAME, ADDRESS, AND LOCATION OF PREMISES: Corner Bar & Grill (Corner Consulting LLC)..................2090 W 9th Avenue Agent: Anthony Mirek, 943 Honey Creek Road, Oshkosh, WI 54904   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-323 Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - ZaRonis A t t a chment sAttachments Res 24-323 Zaronis Surrender and Application 06/11/2024 24-323 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: ZaRonis (Viva OshVegas Inc, Jon Doemel as owner).............2407 Jackson Street NEW APPLICANT/SURRENDERED TO: ZaRonis (Viva OshVegas Inc, Robert Wilcox and Kristalee Wilcox as president and vice president)............2407 Jackson Street   COMBINATION "CLASS B" BEER/LIQUOR LICENSE (JUNE 12, 2024 - JUNE 30, 2024)   NAME, ADDRESS, AND LOCATION OF PREMISES: ZaRonis (Viva OshVegas Inc, Robert Wilcox and Kristalee Wilcox as president and vice president)............2407 Jackson Street Agent: Alejandro Garza, 1003 Wright 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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-324 Approve Agent Change - ZaRonis A t t a chment sAttachments Res 24-324 06/11/2024 24-324 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE AGENT CHANGE FOR COMBINATION "CLASS B" BEER/LIQUOR LICENSE INITIATED BY : CITY CLERK         WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews and inspections required by city ordinance have been completed; and     WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the Winnebago County Health Department have recommended that the following licenses be granted or conditionally granted as noted in their report to the City Clerk; and      WHEREAS, any licensee whose license is granted subject to conditions has been notified of those conditions and has had the opportunity to appear before the Council and be heard in relation to any of those conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: AGENT CHANGE COMBINATION "CLASS B" BEER/LIQUOR LICENSE (June 12, 2024 - June 30, 2024) ZaRonis (Viva OshVegas Inc) 2407 Jackson Street, Oshkosh, WI 54901 Agent: Robert Wilcox   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-325 Approve Original Class "A" Beer License for EAA's Red One Market Grocery Location at 2598 Wittman Road A t t a chment sAttachments Res 24-325 EAA Class A Application 06/11/2024 24-325 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE ORIGINAL CLASS "A" BEER LICENSE FOR EAA'S RED ONE MARKET GROCERY LOCATION AT 2598 WITTMAN ROAD 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: CLASS "A" BEER LICENSE (JULY 1, 2024 - JUNE 30, 2025)   EAA (Experimental Aircraft Association, Inc)........................2598 Wittman Road Agent: Christopher Farrell, 1902 Lydia Ln, Appleton, WI 54915   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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-326 Approve Special Class "B" Licenses A t t a chment sAttachments Res 24-326 06/11/2024 24-326 RESOLUTION     CARRIED 5-1 PRESENT     PURPOSE: APPROVE SPECIAL CLASS "B" LICENSES INITIATED BY : CITY CLERK         WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews required by city ordinance have been completed; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: SPECIAL CLASS "B" LICENSE ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, AND PERSON IN CHARGE: Peace Lutheran Church Event Name: Annual Park Dance July 12, 2024 from 5:00pm to 11:00pm Location: South Park Pavilion #1, 1290 Georgia Street, Oshkosh, WI 54902 Person in Charge: Heather Miller Oshkosh First Wave Robotics Event Name: Waterfest August 15, 2024 from 5:00pm to 11:00pm Location: Leach Ampitheater, 303 Ceape Ave, Oshkosh, WI 54901 Person in Charge: Jeffrey McBride Oshkosh West Booster Club Event Name: Waterfest July 11, 2024 from 5:00pm to 11:00pm Location: Leach Ampitheater, 303 Ceape Ave, Oshkosh, WI 54901 Person in Charge: Jeffrey McBride Fox Valley Memory Project Inc Event Name: Waterfest August 21, 2024 from 5:00pm to 11:00pm Location: Leach Ampitheater, 303 Ceape Ave, Oshkosh, WI 54901 Person in Charge: Jeffrey McBride Oshkosh Elks Lodge #292 Event Name: Oshkosh Elks Sheepheads Tournament July 20, 2024 from 12:00pm to 6:00pm Location: Rainbow Park, 1650 Rainbow Dr, Oshkosh, WI 54901 Person in Charge: Jason Ellis EAA Event Name: EAA AirVenture Oshkosh July 20, 2024 from 12:00pm to 10:00pm July 21, 2024 from 12:00pm to 10:00pm July 22, 2024 from 12:00pm to 10:00pm July 23, 2024 from 12:00pm to 10:00pm July 24, 2024 from 12:00pm to 10:00pm July 25, 2024 from 12:00pm to 10:00pm July 26, 2024 from 12:00pm to 10:00pm July 27, 2024 from 12:00pm to 10:00pm July 28, 2024 from 12:00pm to 10:00pm Location: North 40 Cafe, 2600 Wittman Rd, Oshkosh, WI 54902 Person in Charge: Christopher Farrell   TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-327 Approve Appointment to Extraterritorial Zoning Committee 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 a vacancy to the City's Extraterritorial Zoning Committee currently exists, the Mayor makes the appointment 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 approves the appointment listed below: E xt r a t e r r it oria l Zoning C ommit t e eExtraterritorial Zoning C o mm it t e e Karl Loewenstein appointed to Alternate 1, effective June 12th, term expiring May 31, 2026 A t t a chment sAttachments Res 24-327 6/11/2024 24-327 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: EXTRATERRITORIAL ZONING COMMITTEE INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, in accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointments to the various boards and commissions are made by Mayor Matt Mugerauer, as listed below, and are hereby approved: Extraterritorial Zoning Committee Karl Loewenstein, appointed to Alternate 1, effective 6/12/2024, term expiring 5/31/2026   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 :June 11, 2024 SUB JEC T:SUB JEC T :Ord 24-328 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 24-328 Chapter Two Revisions CLEAN Chapter Two Revisions RED 6/11/2024 24-328 ORDINANCE   SECOND READING     5/28/2024 24-288 ORDINANCE   FIRST READING     CARRIED 6-0     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 #24-328 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 :June 11, 2024 SUB JEC T:SUB JEC T :Ord 24-329 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 24-329 Rezone - 0 Jackson St 6/11/2024 24-329 ORDINANCE   SECOND READING     5/28/2024 24-289 ORDINANCE   FIRST READING     CARRIED 6-0     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 #24-329 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 W D E V E L O P M E N T YO U N G - D A R V I N DE V E L O P M E N T PRE L I M I N A R Y NOT F O R C O N S T R U C T I O N 3-15 - 2 0 2 4 87'-3"36'-0 1/2"87'-3"52'-0" 25 ' - 0 " SE T B A C K 62'-0"46'-4 3/4" 22'-0"19'-0" 15'-11"30'-6"14'-8"10'-6"34'-9" 22'-0"19'-0"19'-0" 26 ' - 0 " 19 ' - 0 " 19 ' - 0 " 22'-0"19'-0" 24'-0"19'-0"19'-0" 8- Y D . 8- Y D . 8- Y D . 8- Y D . GROUP F-1/S-1 OCCUPANCY TENANT SPACE 104 GROUP F-1/S-1 OCCUPANCY TENANT SPACE 103 4 6 ' - 0 " 24 ' - 0 " 9'-0"9'-0"9'-0"9'-0" 35 ' - 1 1 " 19 ' - 0 " 20 ' - 0 " 24 ' - 0 " 19 ' - 0 " 19 ' - 0 " 4 6 ' - 0 " 9 1 2 3 4 6 587 1 2 3 4 6 587 9 9 1 2 3 4 6 587 1 2 3 4 6 587 9 2 1 3 5 6 7 4 17 18 15 16 13 14 11 12 9 10 8 5'-4 3/4"5'-4 3/4"87'-3"87'-3"5'-4 3/4"5'-4 3/4" 43'-9"43'-6" 37'-0" 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 S T O L SO N AV JACKS O N S T 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 W E ST E RN DR CH RI ST IA N DR EICHSTADT RD ANDERSON ST SUMME RV I EW D R GOLDEN IRIS DR PA RK V IEW C T WEST ERN CT FARMINGTON AV HARVEST CT COBBLESTONE CT H A R V E S T D R FRE E D O M AV OLS ON A V P U R P L E C RE S T D R L O G A NDR L O G A N D R ZION ST SUMMERSET WAY C H ATEAU TE R J A C K S O N S T W S N EL L R D E S N E LL R D N MAIN ST Osh ko sh City Limit Osh ko sh City Limit O sh k o s h C i t y Li mitOshkosh C i t y Li mit Oshkosh City LimitOshkosh City Limit DR-6 DR-6 DR-6 HI I I I I MR-12 MR-12 MR-20-PD SMU SMU SMU-PD SR-3 SR-3 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 T O L SO N AV JACKS O N 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 :Lynn Lorenson, City Attorney D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :*Ord 24-330 Amend Section 2-24 of the City of Oshkosh Municipal Code Pertaining to the Authority of the City Attorney B A C KGRO UN DBACKGROUND Listservs are email-based groups that serve as a community forum for the discussion of specific topics. Listservs have been in use for about 30 years. In the legal realm, listservs allow attorneys to share information and to ask questions within a group of other attorneys interested in the same topic. The City Attorney's office currently participates in several listserv forums through the State Bar of Wisconsin, the League of Wisconsin Municipalities, and the International Municipal Lawyers Association (IMLA). The listservs that the City Attorney's office uses are subscription services that are limited to attorneys and, in the case of the League and IMLA, are limited to attorneys who are currently practicing municipal law. A recent ethics opinion of the American Bar Association (ABA) addressed the use of listservs in relation to those situations where use by an attorney would result in a reasonable likelihood that the identity of the attorney's client and information related to the representation of the client would be revealed. Even in circumstances where the information may be generally known, the opinion questions the ability of the attorney to speak in relation to the matter on a listserv without the informed consent of the client. The opinion raises issues in relation to other contexts as well, including discussion at conferences, roundtable discussions, consulting with our municipal counterparts individually on specific issues and topics, and in relation to providing information to the League or other partners on matters. In the past, we have used the listserv to connect with other municipalities that may be looking at similar ordinances or already have an ordinance in place in relation to a topic we are currently reviewing. During COVID, municipalities discussed various options for virtual meetings and best practices for transitioning to virtual work when necessary. We have interacted with other municipal attorneys on a one- on-one basis, as well as with other prosecutors on nuisance actions, OWI, and other prosecution topics and have benefited from sharing motions and briefs. We have talked through elections and redistricting issues, and we use forms that were developed collaboratively through the League listserv for police hiring. These are just a few examples of how we have contributed to and benefited from the listservs. A N A L Y SI SANALYSIS As city attorneys, our participation in nearly any discussion would likely result in the disclosure of the identity of our client, given the fact that we have a single client: the City of Oshkosh. Participation in listservs, as well as the weekly Wisconsin municipal attorney conference call, conference session discussions, and roundtables, has kept us abreast of issues other municipalities may be facing and what they may be doing in regard to certain issues. It has also allowed us to ask questions and share information with other municipalities in relation to common issues or concerns, and share forms, pleadings, and other information. The listserv has often connected us with other municipalities that are dealing with the same issues and concerns, and made us aware of how other municipalities may be approaching similar issues, as well as allowing us access to expertise. It has been an efficient, cost-saving tool for us to connect and collaborate with other municipalities and to stay informed on municipal topics and litigation on a statewide and national level. Separately, we may be aware that a certain municipality has dealt with a specific issue in the past and directly contacted our counterparts to discuss that issue. The recent ABA opinion has called into significant question the ability to use listservs, as well as to generally exchange information with our counterparts and other attorneys and governmental resources. The State Bar of Wisconsin Ethics Division was consulted by the League Municipal Attorneys Section and indicated that one potential option for municipal attorneys would be to obtain informed consent to allow the continued use of listservs and allow the municipality's attorneys to share information. Without consent, the City Attorney's office will still attend conferences and monitor legislation and legal topics, but will be limited in participation within the listserv, the weekly conference call, and other discussions, which have provided valuable real-time information and input pertaining to current topics. The likely result of this may be additional time spent on topics and issues, less information sharing with other municipalities, and potentially needing to rely more heavily on paid outside counsel. It should be noted that the consent sought is not unlimited. The ordinance as drafted recognizes, consistent with our current practices, that certain items will still remain confidential and will require specific consent for disclosure. Some examples of information that would remain confidential without specific authority would include details of current or anticipated bargaining positions, or current or anticipated litigation, disciplinary matters, and disputes with other municipalities that may also participate in the discussion forum. The ordinance would authorize the City Manager to generally provide that consent and, consistent with current practice, if there is a particular topic that may require additional thought or direction, we would schedule a closed session and seek the consent of Common Council moving forward. In addition to this change, we are proposing to add specific language pertaining to assistant city attorneys and include those attorneys within this authorization as well. FI SC A L I M P A CTFISCAL I M P A C T It would be difficult to estimate the exact fiscal impact in relation to the proposed ordinance. Approval of the ordinance would maintain the status quo and would likely have no fiscal impact. Failure to approve the ordinance may negatively affect the efficiency of the City Attorney's office by removing the ability of the staff to easily communicate and collaborate with other attorneys and resources on municipal matters, potentially resulting in additional time spent researching topics and potentially a greater reliance on paid outside counsel. REC O M M E N D A TI ONRECOMMENDATION Staff recommends approval of the ordinance granting informed consent for collaboration with other municipal attorneys and other attorneys and legal resources such as the State Bar of Wisconsin for the benefit of the City of Oshkosh. A t t a chment sAttachments Ord 24-330 Section 2-24 Revisions_Clean Section 2-24 Revisions_Redline 6/11/2024 24-330 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 2-24 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY ATTORNEY INITIATED BY : LEGAL DEPARTMENT   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 2-24 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY ATTORNEY TO ADD SPECIFIC LANGUAGE PERTAINING TO ASSISTANTS AND SPECIAL COUNSEL AND TO PROVIDE INFORMED CONSENT FOR CONSULTATION AND COLLABORATION WITH OTHER MUNICIPAL ATTORNEYS AND OTHER LEGAL RESOURCES     WHEREAS, a recent ethics opinion of the American Bar Association addressed the use of listservs and other resources when discussions by an attorney would result in a reasonable likelihood that the identity of the attorney’s client and information related the representation of the client would be revealed; and    WHEREAS, the City Attorney’s use of resources such as listservs, conference calls, discussion sessions at conferences and direct conversations or contact with other municipal attorneys or attorneys with municipal or other expertise required by the City provide valuable resources to the City which increase the effectiveness of the City’s legal representation and reduce legal expenses through the sharing of forms, information and expertise; and    WHEREAS, the informed consent provided herein is proposed to be limited to the release of information which is not confidential in nature; and      WHEREAS, the City’s Attorneys are generally prohibited from discussing specific confidential details of City business including, but not limited to, confidential development proposals, closed session proceedings, disciplinary proceedings and other similar matters with other municipalities whose legal counsel may be a member of the listserv or otherwise participate in the communication; and    WHEREAS, collaboration with other attorneys and resources with municipal expertise provides both direct and indirect benefits to the City of Oshkosh by fostering the municipal law community to allow for the flow of information and expertise between municipalities to best serve the legal needs of the City; and    WHEREAS, under circumstances where consultation and collaboration is beneficial to the City, but may involve a limited release of confidential information, the City Attorney may consult and obtain specific informed consent for the limited release of information from the City Manager or Council.     SECTION 1. That Section 2-24 of the City of Oshkosh Municipal Code entitled “City Attorney” 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      SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh  enacted ordinance #24-XXX AMEND SECTION 2-24 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY ATTORNEY (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 2-24 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY ATTORNEY TO ADD SPECIFIC LANGUAGE PERTAINING TO ASSISTANTS AND SPECIAL COUNSEL AND TO PROVIDE INFORMED CONSENT FOR CONSULTATION AND COLLABORATION WITH OTHER MUNICIPAL ATTORNEYS AND OTHER LEGAL RESOURCES) on June 25, 2024.  This ordinance is updated to add specific language pertaining to assistants and special counsel and to provide informed consent for consultation and collaboration with other municipal attorneys and legal resources. 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.   SECTION 2-24 CITY ATTORNEY The City Attorney shall perform the duties as are prescribed in the Wisconsin Statutes, particularly Section 62.09(12) thereof, and such other duties as the City Manager may prescribe. The City Attorney may appoint assistants and/or special counsel or s pecial prosecutors to perform designated duties consistent with Section 12-16 and with the city budget. In the absence or disability of the City Attorney, or in the case of a vacancy in the office of the City Attorney, the Deputy City Attorney shall perform the duties of City Attorney. The City Attorney is authorized to bring appropriate actions against any persons, firms or corporations in the following cases without specific or further authorization to do so: 1) To pursue collection of delinquent taxes, accounts or other indebtedness due and owing the City. 2) To cause warrants to be issued and served in ordinance violation cases. 3) To cause summonses to be issued for collection of forfeitures or fines in ordinance violation cases. 4) To commence civil actions seeking compliance with ordinance requirements or restraining actions not in compliance with ordinance requirements. The City Attorney is authorized to take all necessary and appropriate actions with regard to the defense of claims and other matters against the City, including coordination with insurance defense counsel as required and the execution of settlement agreements that do not require the expenditure City funds, without specific or further authorization to do so. The City Attorney, in his/her discretion, is authorized upon a request from another unit of government to render aid, assistance and advice to that unit of government provided doing so will not conflict with the City Attorney’s duties and responsibilities to the City of Oshkosh. INFORMED CONSENT. The City consents to disclosure by the City Attorney, or their designee within the City Attorney’s office, of information that may identify the City Attorney’s clients (i.e., the City) and/or information related to the representation of the City Attorney’s client as provided herein. The City’s consent as described through this Ordinance is limited to: - Those situations where, in the discretion of the City Attorney, these disclosures would be in the best interests of, and for the benefit of, the City; and, - Consulting or collaborating with municipal attorneys, prosecuting attorneys, or others having similar municipal expertise or governmental interests, such as the State Bar Association, the League of Wisconsin Municipalities, or others wi th regulatory authority or expertise related to the operation of the City. The City’s consent as described in this Ordinance includes general municipal topics, trends, and issues; proposed and enacted legislation at the local, state, and federal levels; and, matters that have been included in public statements, memoranda, or filings with courts or agencies. The City’s consent as described in this Ordinance does not include circumstances and information related to current or anticipated bargaining positions, specific details or strategies of pending or anticipated litigation or regulatory actions, details of disciplinary proceedings, or disputes with other units of government whose legal counsel may potentially receive the information through the City Attorney’s disclosure. The City may expand or retract the consent described in this Ordinance through subsequent formal action. The City herein authorizes the City Manager to provide informed consent to the City Attorney for other matters not specifically described herein at the City Manager’s discretion. [Statutory Reference §§ 62.09(12) Wis. Stats.] SECTION 2-24 CITY ATTORNEY The City Attorney shall perform the duties as are prescribed in the Wisconsin Statutes, particularly Section 62.09(12) thereof, and such other duties as the City Manager may prescribe. The City Attorney may appoint assistants and/or special counsel or special prosecutors to perform designated duties consistent with Section 12-16 and with the city budget. In the absence or disability of the City Attorney, or in the case of a vacancy in the office of the City Attorney, the Deputy City Attorney shall perform the duties of City Attorney. The City Attorney is authorized to bring appropriate actions against any persons, firms or corporations in the following cases without specific or further authorization to do so: 1) To pursue collection of delinquent taxes, accounts or other indebtedness due and owing the City. 2) To cause warrants to be issued and served in ordinance violation cases. 3) To cause summonses to be issued for collection of forfeitures or fines in ordinance violation cases. 4) To commence civil actions seeking compliance with ordinance requirements or restraining actions not in compliance with ordinance requirements. The City Attorney is authorized to take all necessary and appropriate actions with regard to the defense of claims and other matters against the City, including coordination with insurance defense counsel as required and the execution of settlement agreements that do not require the expenditure City funds, without specific or further authorization to do so. The City Attorney, in his/her discretion, is authorized upon a request from another unit of government to render aid, assistance and advice to that unit of government provided doing so will not conflict with the City Attorney’s duties and responsibilities to the City of Oshkosh. INFORMED CONSENT. The City consents to disclosure by the City Attorney, or their designee within the City Attorney’s office, of information that may identify the City Attorney’s clients (i.e., the City) and/or information related to the representation of the City Attorney’s client as provided herein. The City’s consent as described through this Ordinance is limited to: - Those situations where, in the discretion of the City Attorney, these disclosures would be in the best interests of, and for the benefit of, the City; and, - Consulting or collaborating with municipal attorneys, prosecuting attorneys, or others having similar municipal expertise or governmental interests, such as the State Bar Association, the League of Wisconsin Municipalities, or others wi th regulatory authority or expertise related to the operation of the City. The City’s consent as described in this Ordinance includes general municipal topics, trends, and issues; proposed and enacted legislation at the local, state, and federal levels; and, matters that have been included in public statements, memoranda, or filings with courts or agencies. The City’s consent as described in this Ordinance does not include circumstances and information related to current or anticipated bargaining positions, specific details or strategies of pending or anticipated litigation or regulatory actions, details of disciplinary proceedings, or disputes with other units of government whose legal counsel may potentially receive the information through the City Attorney’s disclosure. The City may expand or retract the consent described in this Ordinance through subsequent formal action. The City herein authorizes the City Manager to provide informed consent to the City Attorney for other matters not specifically described herein at the City Manager’s discretion. [Statutory Reference §§ 62.09(12) 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 :June 11, 2024 SUB JEC T:SUB JEC T :Res 24-331 Approve General Development Plan and Specific Implementation Plan for a Drive- through Restaurant Located at 555 South Washburn Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject area included in this request consists of a 0.99-acre commercial property located on the west side of South Washburn Street, north of West 9th Avenue. The site had previously been utilized as a multi- tenant office building. The surrounding area consists primarily of commercial uses along with a City water tower and fire station immediately to the south. The 2040 Comprehensive Plan recommends Interstate Commercial land use for the subject property and the adjoining parcels. A N A L Y SI SANALYSIS The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a drive-through restaurant (Freddy's Frozen Custard & Steakburgers). The proposed drive- through restaurant is permitted in the SMU district. The plans also include an outdoor seating area on the front of the building, which is considered outdoor commercial entertainment and is permitted in the SMU district. The proposed development will be accessed from a two-way entrance/exit to the site and will utilize a shared two-way driveway to the north of the site. The site will also have shared driveway access along the rear (west) property line. The applicant held a neighborhood meeting at the site to discuss the project; however no neighbors were in attendance. The applicant coordinated a second, in person/virtual, meeting where the plans were discussed with the neighboring property owners who did not receive the first meeting invitation. The applicant has provided a traffic impact analysis (TIA) for the proposed site design. According to the TIA, repurposing the two existing driveways, which will access Freddy's, are expected to operate safely and efficiently. The drive-through lane is not expected to back up beyond the available storage, as shown in the site plan, based on other similar Freddy's restaurants in Wisconsin. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The applicant worked closely with the surrounding neighbors to address as many of their concerns as possible. As a result, a neighbor spoke in support of the project and there were no objections to the proposed development. 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 $2.4 million 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 for a drive- through restaurant at 555 South Washburn Street with findings and conditions on June 4, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments Res 24-331 GDP SIP - 555 S Washburn St 6/11/2024 24-331 RESOLUTION     CARRIED 6-0     PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A DRIVE-THROUGH RESTAURANT AT 555 SOUTH WASHBURN STREET INITIATED BY : BEN WITT   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for a drive-through restaurant at 555 South Washburn Street, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan and Specific Implementation Plan for a drive-through restaurant at 555 South Washburn Street per the attached, is hereby approved, with the following findings: The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. 1. The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) 2. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. 3. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 4. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. 5. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 6. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 7. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. 8. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of approval for a General Development Plan and Specific Implementation Plan for a drive-through restaurant at 555 South Washburn Street:   Base Standard Modification to allow reduced front yard setback to 16 ft. (pavement), where code requires a 25 ft. front yard setback. 1. Base Standard Modification to allow reduced rear yard setback for refuse enclosure to 1 ft., where code requires a 25 ft. rear yard setback. 2. Base Standard Modification to allow reduced side yard setback for ground sign to 3 ft., where code requires a 10 ft. side yard setback. 3. A minimum of 125% of the required landscaping points shall be provided.4. Base Standard Modification to allow increased lighting level to 0.75 fc at the north property line and 0.99 fc at the south property line, where code allows a maximum lighting level of 0.5 fc. 5. Final landscaping, lighting, and signage plans shall be reviewed and approved by the Department of Community Development. 6.   ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A DRIVE-THROUGH RESTAURANT LOCATED AT 555 SOUTH WASHBURN STREET Plan Commission Meeting of June 4, 2024. GENERAL INFORMATION Applicant: Ben Witt Owner: Park Place Holdings LLC Action(s) Requested: The petitioner requests General Development Plan and Specific Implementation Plan approval for a drive-through restaurant at 555 South Washburn Street. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject area included in this request consists of a 0.99-acre commercial property located on the west side of South Washburn Street, north of West 9th Avenue. The site had previously been utilized as a multi-tenant office building. The surrounding area consists primarily of commercial uses along with a City water tower and fire station immediately to the south. The 2040 Comprehensive Plan recommends Interstate Commercial land use for the subject property and the adjoining parcels. Subject Site Existing Land Use Zoning Commercial SMU Adjacent Land Use and Zoning Existing Uses Zoning North Commercial SMU South City fire station and water tower I East Interstate-41 SMU West Commercial SMU Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Interstate Commercial ANALYSIS Use The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a drive-through restaurant (Freddy’s Frozen Custard & Steakburgers). The proposed drive-through restaurant use is permitted in the SMU district. The plans also include an outdoor seating area on the front of the building, which is considered outdoor commercial entertainment and is permitted in the SMU district. Site Design Site Plan The proposed development will be accessed from a two-way entrance/exit to the site and will also utilize a shared two-way driveway to the north of the site. The site will also have shared driveway access along the rear (west) property line. The applicant has provided an easement document and stated that they have the ability to utilize the existing driveway. As this is a civil matter regarding property access, the City does not have the ability to review or enforce the provided easement document. Staff has received concerns regarding the access to/from the drive-through from the neighboring driveway to the north, as neighboring property owners had concerns regarding stacking and congestion of the shared driveway. The applicant held a neighborhood meeting at the site to discuss the project, however no neighbors were in attendance. Following the meeting, staff was notified that some of the neighboring property owners did not receive the invitation. The applicant coordinated a second, in person/virtual, meeting where the plans were discussed with the neighboring property owners who did not receive the first meeting invitation. The applicant has provided a traffic impact analysis (TIA) for the proposed site design. According to the TIA, the repurpose of the two existing driveways, which will access Freddy’s, are expected to operate safely and efficiently. The drive-through lane is not expected to back up beyond the available storage, as shown in the site plan, based on other similar Freddy’s restaurants in Wisconsin. The applicant is requesting base standard modifications (BSM) for reduced front and rear yard setbacks. As proposed, a portion of the parking lot will extend into the front yard to within 16’ of the right-of-way line. The proposed refuse enclosure placement will have a 1’ setback from the rear (west) property line. According to the applicant, the reduced setbacks are needed due to an ANR pipeline easement running through property which prohibits permanent structures from being placed within the easement. Staff does not have concerns with the setback reductions as the ANR easement limits the buildable area on the site. Also, the refuse enclosure will be abutting a neighboring parking area with shared driveway access. The reduced parking setback is also needed to provide the necessary parking for the site. The proposed setbacks will be consistent with reduced setbacks on the existing site. Required Provided Front Setback (east) 25 ft. min. 16 ft. Side Setback (north) 10 ft. min. 14 ft. (parking) Side Setback (south) 10 ft. min. 10 ft. (parking) Rear Setback (west) 25 ft. min. 1 ft. (pavement/refuse enclosure) Parking Min. 10 spaces Max. 25 spaces 25 spaces Impervious Surface 70% max. 54.5% Provided parking for the site meets the code requirement of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses. The maximum number of parking stalls is 125% of the code minimum. However, up to 25 parking spaces are permitted for smaller developments that would have a maximum of less than 25 spaces. The applicant is proposing the maximum number of stalls allowed (25). Staff has received concerns that parking on the site will be insufficient to meet the needs of the restaurant and will result in overflow parking on the neighboring commercial sites. Staff feels that the provided parking will be sufficient as it more than doubles the minimum parking requirement per code. The proposed site layout is meeting the drive-through stacking length requirements of 100 ft. in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after the pick-up window. The total proposed impervious surface area for the site is under the maximum of 70% for the SMU district. Signage The building elevations show wall signage on the front and side facades. Wall signage will be limited to a maximum of 1 sq. ft. per linear foot of building frontage per the sign ordinance. The applicant is proposing to remove the existing pylon sign and replace it with a new pylon sign. The proposed sign placement is within the 10’ side yard setback, at 3’ from the south property line. The applicant is requesting a BSM for the reduced setback as site constraints related to the ANR pipeline easement limit available area that meet setback requirements. Staff does not have concerns with the proposed BSM as the parking lot will be built to the south side setback and the sign placement will be consistent with that of the existing site. The side yard setback reduction for the sign should not have a negative impact on the adjoining City-owned property to the south. The sign will need to meet the front yard setback requirement and will be limited to 35’ in height and 200 sq. ft. per SMU standards. Lighting The provided photometric plan meets minimum lighting levels of 0.4 fc for parking/drive areas except for the western drive lane area. The applicant will need to verify that code-compliant lighting is provided for this area, which can be addressed during Site Plan Review. Lighting levels along the public right-of-way are under the maximum of 1.0 fc, but exceed the maximum of 0.5 fc along the north and south property lines. The applicant is requesting a BSM to allow increased lighting to 0.75 fc along the north property line and 0.99 fc along the south property line. According to the applicant, the increased lighting is needed due to limited available area for light pole placement. Staff does not have concerns with the increased lighting level along the north property line as it is adjacent to a shared driveway and is only minimally exceeding the code maximum. Staff also does not have concerns with the increased lighting along the south property line as it is adjacent to the Oshkosh Fire Dept. property. The Fire Dept. is supportive of the increased lighting level at the property line. Light fixtures will be full cutoff fixtures mounted at the maximum fixture height of 23’ (including 3’ high base) in the SMU district. Storm Water Management The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Landscaping is required for building foundations, paved areas, street frontage, and yards. Landscape Plan Building Foundation The building foundation landscaping point requirement of 40 landscaping points per 100 linear feet of building foundation is being met for the proposed building. The plan is meeting the requirement that 50% of the required points be on the main entrance side of the building. The applicant will need to relocate one of the medium evergreen shrubs to the street side of the building to meet the requirement that 25% of required points be along the street facing side. This can be addressed during Site Plan Review. Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The plan is also meeting the requirement that 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Code also requires a shade tree at all parking row ends, which has been provided with the exception of the parking row end at the northeast corner of the site. This can also be addressed during Site Plan Review. Street Frontage Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies that 50% of the required points must be devoted to medium trees. The landscaping plan is meeting these requirements. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard landscaping points exceed this requirement. The plan currently provides 117% of the required landscaping points. As multiple base standard modifications are being requested, staff is recommending the applicant provide 125% of the required landscaping to offset the BSMs. This would result in an additional 40 landscaping points and would be consistent with the level of landscaping that has typically been requested/approved to compensate for BSMs. Building Facades Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I materials, with the rear façade being exempt from this requirement. The petitioner has provided elevations for the building as well as a material list and material breakdown for the front and side façades. The specific elevations breakdown is listed below. The elevations meet the 50% Class I material requirement and substantially exceed the Class I requirement on the front facade. This serves to offset requested BSMs. The proposed refuse enclosure will be clad in fiber cement composite wood siding to match material used on the principal building. East (front): Class I – 62.9% Class II & III – 37.1% South (side): Class I – 50.7% Class II & III – 49.3% North (side): Class I – 50.7% Class II & III – 49.3% West (rear): Not provided 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. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings listed above and with the proposed following conditions: 1. Base Standard Modification to allow reduced front yard setback to 16 ft. (pavement), where code requires a 25 ft. front yard setback. 2. Base Standard Modification to allow reduced rear yard setback for refuse enclosure to 1 ft., where code requires a 25 ft. rear yard setback. 3. Base Standard Modification to allow reduced side yard setback for ground sign to 3 ft., where code requires a 10 ft. side yard setback. 4. A minimum of 125% of the required landscaping points shall be provided. 5. Base Standard Modification to allow increased lighting level to 0.75 fc at the north property line and 0.99 fc at the south property line, where code allows a maximum lighting level of 0.5 fc. 6. Final landscaping, lighting, and signage plans shall be reviewed and approved by the Department of Community Development. Plan Commission recommends approval of the General Development Plan and Specific Implementation Plan for a drive-through restaurant with the findings and conditions on June 4, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp, Ms. Scheuermann, Ms. Davey, Mr. Ulrich, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The petitioner requests General Development Plan and Specific Implementation Plan approval for a drive-through restaurant at 555 South Washburn Street. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area included in this request consists of a 0.99-acre commercial property located on the west side of South Washburn Street, north of West 9th Avenue. The site had previously been utilized as a multi-tenant office building. It is zoned SMU District with a Planned Development Overlay. The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a new drive-through restaurant (Freddy’s Frozen Custard & Steakburgers). The proposed drive-through restaurant use is permitted in the SMU district. The plans also include an outdoor seating area on the front of the building, which is considered outdoor commercial entertainment and is permitted in the SMU district. The proposed development will be accessed from a two-way entrance/exit to the site and will also utilize a shared two-way driveway to the north of the site. The site will also have shared driveway access along the rear (west) property line. The applicant has provided an easement document and stated that they have the ability to utilize the existing driveway. As this is a civil matter regarding property access, the City does not have the ability to review or enforce the provided easement document. Staff has received concerns regarding the access to/from the drive-through from the neighboring driveway to the north, as neighboring property owners had concerns regarding stacking and congestion of the shared driveway. The applicant held a neighborhood meeting at the site to discuss the project, however no neighbors were in attendance. Following the meeting, staff was notified that some of the neighboring property owners did not receive the invitation. The applicant coordinated a second, in person/virtual, meeting where the plans were discussed with the neighboring property owners who did not receive the first meeting invitation. The applicant has provided a traffic impact analysis (TIA) for the proposed site design. According to the TIA, the repurpose of the two existing driveways, which will access Freddy’s, are expected to operate safely and efficiently. The drive-through lane is not expected to back up beyond the available storage, as shown in the site plan, based on other similar Freddy’s restaurants in Wisconsin. The applicant is requesting base standard modifications (BSM) for reduced front and rear yard setbacks. As proposed, a portion of the parking lot will extend into the front yard to within 16’ of the right-of-way line. The proposed refuse enclosure placement will have a 1’ setback from the rear (west) property line. According to the applicant, the reduced setbacks are needed due to an ANR pipeline easement running through property which prohibits permanent structures from being placed within the easement. Staff does not have concerns with the setback reductions as the ANR easement limits the buildable area on the site. Also, the refuse enclosure will be abutting a neighboring parking area with shared driveway access. The reduced parking setback is also needed to provide the necessary parking for the site. The proposed setbacks will be consistent with reduced setbacks on the existing site Provided parking for the site meets the code requirement of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses. The maximum number of parking stalls is 125% of the code minimum. However, up to 25 parking spaces are permitted for smaller developments that would have a maximum of less than 25 spaces. The applicant is proposing the maximum number of stalls allowed (25). Staff has received concerns that parking on the site will be insufficient to meet the needs of the restaurant and will result in overflow parking on the neighboring commercial sites. Staff feels that the provided parking will be sufficient as it more than doubles the minimum parking requirement per code. The proposed site layout is meeting the drive-through stacking length requirements of 100 ft. in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after the pick-up window. The total proposed impervious surface area for the site is under the maximum of 70% for the SMU district. The building elevations show wall signage on the front and side facades. Wall signage will be limited to a maximum of 1 sq. ft. per linear foot of building frontage per the sign ordinance. The applicant is proposing to remove the existing pylon sign and replace it with a new pylon sign. The proposed sign placement is within the 10’ side yard setback, at 3’ from the south property line. The applicant is requesting a BSM for the reduced setback as site constraints related to the ANR pipeline easement limit available area that meet setback requirements. Staff does not have concerns with the proposed BSM as the parking lot will be built to the south side setback and the sign placement will be consistent with that of the existing site. The side yard setback reduction for the sign should not have a negative impact on the adjoining City-owned property to the south. The sign will need to meet the front yard setback requirement and will be limited to 35’ in height and 200 sq. ft. per SMU standards. The applicant is requesting a BSM to allow increased lighting to 0.75 fc along the north property line and 0.99 fc along the south property line. According to the applicant, the increased lighting is needed due to limited available area for light pole placement. Staff does not have concerns with the increased lighting level along the north property line as it is adjacent to a shared driveway and is only minimally exceeding the code maximum. Staff also does not have concerns with the increased lighting along the south property line as it is adjacent to the Oshkosh Fire Dept. property. The Fire Dept. is supportive of the increased lighting level at the property line. The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Final storm water management plans will be reviewed during the Site Plan Review process. The building foundation landscaping point requirement of 40 landscaping points per 100 linear feet of building foundation is being met for the proposed building. The plan is meeting the requirement that 50% of the required points be on the main entrance side of the building. The applicant will need to relocate one of the medium evergreen shrubs to the street side of the building to meet the requirement that 25% of required points be along the street facing side. This can be addressed during Site Plan Review. The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The plan is also meeting the requirement that 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Code also requires a shade tree at all parking row ends, which has been provided with the exception of the parking row end at the northeast corner of the site. This can also be addressed during Site Plan Review. The plan currently provides 117% of the required landscaping points. As multiple base standard modifications are being requested, staff is recommending the applicant provide 125% of the required landscaping to offset the BSMs. This would result in an additional 40 landscaping points and would be consistent with the level of landscaping that has typically been requested/approved to compensate for BSMs. Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I materials, with the rear façade being exempt from this requirement. The petitioner has provided elevations for the building as well as a material list and material breakdown for the front and side façades. The elevations meet the 50% Class I material requirement and substantially exceed the Class I requirement on the front facade. This serves to offset requested BSMs. The proposed refuse enclosure will be clad in fiber cement composite wood siding to match material used on the principal building. Staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Kiefer asked if the driveway goes all around the building to the west. Mr. Lyons said the driveway loops around the building and heads back north. He also mentioned there are shared access drives that go to the buildings behind it. Ms. Scheuermann asked what the purpose of asking for 125% of landscaping points when they have 117 already. Mr. Lyons said that staff has consistently seen 125% as the standard for when there is reduction of setbacks and increased BSMs that other developments have been held to. Ms. Scheuermann asked if the Traffic Impact Analysis was something that the applicant did on their own and not something that was required by the city. Mr. Lyons said that the applicant did the TIA as a requirement of the city. Any time there is a planned development, the city does have the ability to require a TIA. Given some of the feedback and concerns that were brought up from adjoining property owners, staff felt that it was warranted to require it in relation to how it would function for the north access drive. Ms. Davey asked if there was a neighborhood meeting. Mr. Lyons replied that there was an in-person meeting offered that was not attended possibly due to miscommunication. There was a second virtual / in person meeting offered following that, and it was attended. Mr. Perry opened public comment and asked if the applicant wanted to make any statements. Corey Vanevenhoven; Park Place Holdings LLC, 179 Marion Avenue. Mr. Vanevenhoven said that they worked with civil engineering and did multiple revisions and the TIA. He believes that they have resolved any issues that the neighbors might have had. The applicant is also willing to assist more with the easement and share ongoing maintenance. Mr. Perry asked if any members of the public wished to speak. Chris Keller; ENT Specialists, 515 South Washburn Street. Mr. Keller said that building tenants are looking forward to a drive-through restaurant joining the area. He said that Park Place Holdings has been responsive to their concerns, and they are happy with the TIA that was completed. He is support of this project and with the Plan Commission’s request for 125& points of landscaping. Mr. Perry closed public comment. There was no closing statement from the applicant. Motion by Scheuermann 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. Ms. Propp said that this sounds like an excellent result based on the ability to get the neighbors and developer together. Mr. Ulrich said that he would appreciate more plantings. Ms. Davey said that she appreciates the neighbor’s participation and coming to a resolution. Motion carried 7-0. Page 10 Page 11 Page 12 3243: 04/03/2024 OSHKOSH, WISCONSIN EXHIBIT 2 PROPOSED DEVELOPMENT SITE PLANN NOT TO SCALE Page 14 GDP & SIP 555 S WASHBURN ST PC: 6-4-2024 PARK PLACE HOLDINGS LLC 1674 EISENHOWER RD DE PERE WI 54115-8145 GLOBUS LLC ATTN: RYAN 300 E WASHINGTON ST STE 2A APPLETON WI 54911-5468 LARJEN LLC 509 S WASHBURN ST OSHKOSH WI 54904-7949 SVC ABS LLC 255 WASHINGTON ST STE 270 NEWTON MA 02458-1634 Page 15 ABBEY AV S W ASHBURN ST S W AS HB UR N ST !"#$41 !"#$41 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/29/2024 1 in = 120 ft 1 in = 0.02 mi¯555 S WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 16 WWEE SSTTPPOOIINNTTEE DDRR ABBEY AV W 5TH AV GOLDEN AV HERITAGETR GREENFIELD TR S W E S T F I E L D ST ARD MO R E T R W 7TH AVW7THAV CUMBERLAND TR C UMBE R L A N D TR MORELAND ST LILAC ST GRACELAND DR S WESTFIELD ST ASPIRE LA G R E E N FIELDTR HENNESSY ST WITZEL AV W 9T H A VW 9TH AV WITZEL AV W9TH A V W I T Z EL A V W I T Z E L AV S W ASHB U R N S T S WASHBURN ST S WASHBURN ST W 9TH A V W 9 T H A V S KOELLER ST SKOEL L ER S T SK O E L L E R ST S K OEL LER ST !"#$41 !"#$41 DR-6 DR-6 DR-6 DR-6 I I I I I I I-PD MR-12 MR-12 MR-12 MR-12 MR-12 MULTIPLE NMU NMU-PD SMU SMU-PD SMU-PD SMU-PD SMU-PD SMU-PD SR-5 SR-5 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/29/2024 1 in = 500 ft 1 in = 0.09 mi¯555 S WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 17 S W A SH B U R N ST S W ASHBURN ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 4/29/2024 1 in = 100 ft 1 in = 0.02 mi¯555 S WASHBURN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 18 SUB JEC T:SUB JEC T :Council Requests through City Manager D A TE :D A T E :June 11, 2024 There a r e no a t t a chment s or a d d it iona l infor ma t ion for t his it em. T her e a r e no a t t a chment s or a d d it iona l info r ma t ion fo r t his it em . A t t a chment sAttachments Division of Roles, Municipality Magazine, June 2024 The Municipality - June 2024 | 9 Municipal elected officials and staff should understand and respect their individual roles and boundaries regarding policy development and implementation. In general, elected officials collectively decide policy issues for the municipality. A key word in the prior sentence is “collectively.” Individual trustees and alderpersons are part of a multi-member governing body that collectively makes policy decisions for the municipality. Individual alderpersons and trustees have no power to instruct, order, or give direction to staff unless the governing body has delegated such authority to the individual. Governing body approved policy directives are typically communicated to the mayor, municipal manager, administrator, or department heads, who then provide appropriate direction to staff to follow up. Staff are responsible for implementing the governing body’s policy direction. While mayors, city and village managers, and municipal administrators often prepare and propose policies, their basic authority is to carry out the governing body’s directives and to implement the policy adopted by councils and village boards. They can have a strong influence on the policy-making process. For example, they often propose budgets, oversee the studies and analyses carried out by staff, and make policy recommendations to governing bodies. Policymaking activities typically performed by municipal governing bodies include the development of a vision for the community, the adoption of community goals and objectives, the adoption of comprehensive plans, decisions about which programs and services will be provided by the local government, the adoption of budgets and capital improvement plans, and the passage of health, safety, and general welfare ordinances. Public policy determines what services will be provided to residents, the level of those services, and how those services will be paid for. It also refers to what kinds of development will occur in the community, and it determines the community’s future. For local governments to function well, elected officials need to receive high-quality policy advice from the administrator or manager and other staff. Likewise, while elected officials should not be engaged in the day-to-day operations of government, their oversight responsibilities and role in establishing the vision for the community are critical for the success of the local government. As the graphic below illustrates, there will always be some overlap between policy and administration. The division between policy formulation and implementation is not always clear or precise. Therefore, open communication between local elected officials and staff is critical. It is important for executives, governing body members, and key staff to develop ways to communicate and work together effectively. A few best practices to guide elected officials working with staff: • Make it a point to get to know and trust key staff. • Competent staff can be a tremendous help in developing policy ideas, structuring good processes, and generally keeping elected officials out of trouble. • Treat staff respectfully, even when you are disappointed or frustrated with performance. • As a general matter, asking staff for special favors - even those that do not benefit you personally - puts staff in an awkward situation. Staff generally are dedicated to their jobs and want to work with the elected officials to improve their communities. Forcing them to choose between doing something an elected official wants them to do and established municipal practices, protocols, priorities, and policy erodes that trust. • W hile it is appropriate for governing body members to ask staff questions or request information, frequent or time- Division of Roles Between Elected Officials and Staff Curt Witynski, JD, Witynski Consulting LLC Policy v. Administration Source: Mike Baker, Downers Grove; PM Magazine – May 2022 The Municipality - June 2024 | 10 consuming inquiries unreasonably take staff away from their day-to-day duties. Such inquiries may be better channeled through the mayor, administrator, or a department head. Local ordinances or policies may expressly prohibit governing body members from interfering or harassing staff but are rare. The City of Madison, for example, recently adopted a policy that includes the following language: Council members shall not attempt to unethically influence or coerce City staff concerning either their actions or recommendations to Council about personnel, purchasing, awarding contracts, selection of consultants, processing of development applications, or the granting of City licenses and permits. Resources for more information: Knowing Your Roles: City and Town Governments, Municipal Research & Services Center of Washington https://mrsc. org/stay-informed/mrsc-insight/january-2024/ roles-in-city-and-town-governments Everyday Ethics for Local Officials – Elected Official Direction to Staff, California Local Government Institute https://www.ca-ilg.org/ sites/main/files/file-attachments/resources__ Everyday_Ethics_Dec04_0.pdf?1450205074 Successful Staff Interaction in Local Government Meetings, Municipal Research & Services Center of Washington https://mrsc. org/stay-informed/mrsc-insight/april-2019/ staff-interaction-in-local-government-meetings The League/League Insurance Spring Conference was held in Wisconsin Dells in April. We celebrated 40 years since the formation of the Insurance Trust. League Mutual Insurance raffled off two $10,000 safety grants. Congratulations to our winners, Watertown and Rhinelander! League Mutual Insurance also distributed $1.5 million in dividends to member policyholders. The annual dividend checks are funds being returned to the League’s more than 500 policyholders. The dividends are the result of lower claims and positive investment results. “The strength of League Mutual Insurance will always be in the people and mission that drives us to be the best insurance program for Wisconsin municipalities,” said League Insurance President and City of Rice Lake Clerk/Treasurer Kathy Morse in the annual report to policyholders. The dividends are being distributed to policyholders now. Individual dividend amounts are determined by a formula that takes into account each policyholder’s overall premium payments and their claim experience. Being able to return tens of millions of dollars to policyholders over the years, speaks to the strength of League Insurance as a company, with a policyholder surplus that exceeds $53 million. Policyholder surplus is an important protection against major losses and is considered an important measure of a company. “The League Insurance Company has been a tremendous success for our members over the last 40 years,” said League Insurance CEO Matt Becker. “With a board of directors made up of our members, we have a program that exists solely for their benefit. Keeping our members as the center of everything we do has been, and will always be, the key to our collective success.” League Insurance is a mutual insurance company established by the League during a time when many for-profit insurance companies were turning their backs on local governments, considering them too risky. League Mutual Insurance provides workers’ compensation, liability, cyber, crime, and auto insurance for members of the League of WI Municipalities, including special districts and municipal utilities. League Insurance is also a one-third owner of Municipal Property Insurance Company (MPIC), which insures the property of most of Wisconsin’s cities and villages. Becker said both companies are focused on long-term stability and meeting the unique needs of municipal government. 2024 Spring Conference - Celebrating 40 Years! Pictured from left to right Mark Stevens, Watertown; Rick Kalscheuer, R&R Insurance; Matt Becker, League Insurance CEO; Rachel Pearson, Rhinelander; Bill Barns, Business Insurance Group. SUB JEC T:SUB JEC T :Undergrounding Utilities, date to be determined D A TE :D A T E :June 11, 2024 SUB JEC T:SUB JEC T :Outstanding Issues D A TE :D A T E :June 11, 2024 A t t a chment sAttachments Outstanding Issues 06.11.24 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 Staff participating in groups organized by Community Foundation to review short term and long term issues. 6/25/2024 1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and day-to-day operations Training on sustainability principles planned for staff. 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 Initiative will likely carry into State's 2026 budget cycle. 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. 6/25/2024 Staff reviewing requests. 1/10/2023 DPW/Legal Sanitary District Negotiations Non-contractual rates have been implemented. Closed session on 6/11 to update Council.5/28/2024 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. 7/1/2024 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 6/11/2024 Council Meeting